[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: 40CFR233.16]



[Page 293-294]

 

                   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.  233.16  Procedures for revision of State programs.



    (a) The State shall keep the Regional Administrator fully informed 

of any



[[Page 294]]



proposed or actual changes to the State's statutory or regulatory 

authority or any other modifications which are significant to 

administration of the program.

    (b) Any approved program which requires revision because of a 

modification to this part or to any other applicable Federal statute or 

regulation shall be revised within one year of the date of promulgation 

of such regulation, except that if a State must amend or enact a statute 

in order to make the required revision, the revision shall take place 

within two years.

    (c) States with approved programs shall notify the Regional 

Administrator whenever they propose to transfer all or part of any 

program from the approved State agency to any other State agency. The 

new agency is not authorized to administer the program until approved by 

the Regional Administrator under paragraph (d) of this section.

    (d) Approval of revision of a State program shall be accomplished as 

follows:

    (1) The Director shall submit a modified program description or 

other documents which the Regional Administrator determines to be 

necessary to evaluate whether the program complies with the requirements 

of the Act and this part.

    (2) Notice of approval of program changes which are not substantial 

revisions may be given by letter from the Regional Administrator to the 

Governor or his designee.

    (3) Whenever the Regional Administrator determines that the proposed 

revision is substantial, he shall publish and circulate notice to those 

persons known to be interested in such matters, provide opportunity for 

a public hearing, and consult with the Corps, FWS, and NMFS. The 

Regional Administrator shall approve or disapprove program revisions 

based on whether the program fulfills the requirements of the Act and 

this part, and shall publish notice of his decision in the Federal 

Register. For purposes of this paragraph, substantial revisions include, 

but are not limited to, revisions that affect the area of jurisdiction, 

scope of activities regulated, criteria for review of permits, public 

participation, or enforcement capability.

    (4) Substantial program changes shall become effective upon approval 

by the Regional Administrator and publication of notice in the Federal 

Register.

    (e) Whenever the Regional Administrator has reason to believe that 

circumstances have changed with respect to a State's program, he may 

request and the State shall provide a supplemental Attorney General's 

statement, program description, or such other documents or information 

as are necessary to evaluate the program's compliance with the 

requirements of the Act and this part.