[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR233.15]



[Page 293]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents

 

                       Subpart B_Program Approval

 

Sec.  233.15  Procedures for approving State programs.



    (a) The 120 day statutory review period shall commence on the date 

of receipt of a complete State program submission as set out in Sec.  

233.10 of this part. EPA shall determine whether the submission is 

complete within 30 days of receipt of the submission and shall notify 

the State of its determination. If EPA finds that a State's submission 

is incomplete, the statutory review period shall not begin until all the 

necessary information is received by EPA.

    (b) If EPA determines the State significantly changes its submission 

during the review period, the statutory review period shall begin again 

upon the receipt of a revised submission.

    (c) The State and EPA may extend the statutory review period by 

agreement.

    (d) Within 10 days of receipt of a complete State section 404 

program submission, the Regional Administrator shall provide copies of 

the State's submission to the Corps, FWS, and NMFS (both Headquarters 

and appropriate Regional organizations.)

    (e) After determining that a State program submission is complete, 

the Regional Administrator shall publish notice of the State's 

application in the Federal Register and in enough of the largest 

newspapers in the State to attract statewide attention. The Regional 

Administrator shall also mail notice to persons known to be interested 

in such matters. Existing State, EPA, Corps, FWS, and NMFS mailing lists 

shall be used as a basis for this mailing. However, failure to mail all 

such notices shall not be grounds for invalidating approval (or 

disapproval) of an otherwise acceptable (or unacceptable) program. This 

notice shall:

    (1) Provide for a comment period of not less than 45 days during 

which interested members of the public may express their views on the 

State program.

    (2) Provide for a public hearing within the State to be held not 

less than 30 days after notice of hearing is published in the Federal 

Register;

    (3) Indicate where and when the State's submission may be reviewed 

by the public;

    (4) Indicate whom an interested member of the public with questions 

should contact; and

    (5) Briefly outline the fundamental aspects of the State's proposed 

program and the process for EPA review and decision.

    (f) Within 90 days of EPA's receipt of a complete program 

submission, the Corps, FWS, and NMFS shall submit to EPA any comments on 

the State's program.

    (g) Within 120 days of receipt of a complete program submission 

(unless an extension is agreed to by the State), the Regional 

Administrator shall approve or disapprove the program based on whether 

the State's program fulfills the requirements of this part and the Act, 

taking into consideration all comments received. The Regional 

Administrator shall prepare a responsiveness summary of significant 

comments received and his response to these comments. The Regional 

Administrator shall respond individually to comments received from the 

Corps, FWS, and NMFS.

    (h) If the Regional Administrator approves the State's section 404 

program, he shall notify the State and the Secretary of the decision and 

publish notice in the Federal Register. Transfer of the program to the 

State shall not be considered effective until such notice appears in the 

Federal Register. The Secretary shall suspend the issuance by the Corps 

of section 404 permits in State regulated waters on such effective date.

    (i) If the Regional Administrator disapproves the State's program 

based on the State not meeting the requirements of the Act and this 

part, the Regional Administrator shall notify the State of the reasons 

for the disapproval and of any revisions or modifications to the State's 

program which are necessary to obtain approval. If the State resubmits a 

program submission remedying the identified problem areas, the approval 

procedure and statutory review period shall begin upon receipt of the 

revised submission.