[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: 40CFR233.51]



[Page 303]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents

 

                       Subpart F_Federal Oversight

 

Sec.  233.51  Waiver of review.



    (a) The MOA with the Regional Administrator shall specify the 

categories of discharge for which EPA will waive Federal review of State 

permit applications. After program approval, the MOA may be modified to 

reflect any additions or deletions of categories of discharge for which 

EPA will waive review. The Regional Administrator shall consult with the 

Corps, FWS, and NMFS prior to specifying or modifying such categories.

    (b) With the following exceptions, any category of discharge is 

eligible for consideration for waiver:

    (1) Draft general permits;

    (2) Discharges with reasonable potential for affecting endangered or 

threatened species as determined by FWS;

    (3) Discharges with reasonable potential for adverse impacts on 

waters of another State;

    (4) Discharges known or suspected to contain toxic pollutants in 

toxic amounts (section 101(a)(3) of the Act) or hazardous substances in 

reportable quantities (section 311 of the Act);

    (5) Discharges located in proximity of a public water supply intake;

    (6) Discharges within critical areas established under State or 

Federal law, including but not limited to National and State parks, fish 

and wildlife sanctuaries and refuges, National and historical monuments, 

wilderness areas and preserves, sites identified or proposed under the 

National Historic Preservation Act, and components of the National Wild 

and Scenic Rivers System.

    (c) The Regional Administrator retains the right to terminate a 

waiver as to future permit actions at any time by sending the Director 

written notice of termination.