[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR123.43]

[Page 257-258]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 123_STATE PROGRAM REQUIREMENTS--Table of Contents
 
           Subpart C_Transfer of Information and Permit Review
 
Sec.  123.43  Transmission of information to EPA.

    (a) Each State agency administering a permit program shall transmit 
to the Regional Administrator copies of permit program forms and any 
other relevant information to the extent and in the manner agreed to by 
the State Director and Regional Administrator in the Memorandum of 
Agreement and not inconsistent with this part. Proposed permits shall be 
prepared by State agencies unless agreement to the contrary has been 
reached under Sec.  123.44(j). The Memorandum of Agreement shall provide 
for the following:
    (1) Prompt transmission to the Regional Administrator of a copy of 
all complete permit applications received by the State Director, except 
those for which permit review has been waived under Sec.  123.24(d). The 
State shall supply EPA with copies of permit applications for which 
permit review has been waived whenever requested by EPA;
    (2) Prompt transmission to the Regional Administrator of notice of 
every action taken by the State agency related to the consideration of 
any permit application or general permit, including a copy of each 
proposed or draft permit and any conditions, requirements, or documents 
which are related to the proposed or draft permit or which affect the 
authorization of the proposed permit, except those for which permit 
review has been waived under Sec.  123.24(d). The State shall supply EPA 
with copies of notices for which permit review has been waived whenever 
requested by EPA; and
    (3) Transmission to the Regional Administrator of a copy of every 
issued permit following issuance, along with any and all conditions, 
requirements, or documents which are related to or affect the 
authorization of the permit.
    (b) If the State intends to waive any of the permit application 
requirements of Sec.  122.21(j) or (q) of this chapter for a specific 
applicant, the Director must submit a written request to the Regional 
Administrator no less than 210 days prior to permit expiration. This 
request must include the State's justification for granting the waiver.
    (c) The State program shall provide for transmission by the State 
Director to EPA of:
    (1) Notices from publicly owned treatment works under Sec.  
122.42(b) and 40 CFR part 403, upon request of the Regional 
Administrator;
    (2) A copy of any significant comments presented in writing pursuant 
to the public notice of a draft permit and a summary of any significant 
comments presented at any hearing on any draft permit, except those 
comments regarding permits for which permit review has been waived under 
Sec.  123.24(d)

[[Page 258]]

and for which EPA has not otherwise requested receipt, if:
    (i) The Regional Administrator requests this information; or
    (ii) The proposed permit contains requirements significantly 
different from those contained in the tentative determination and draft 
permit; or
    (iii) Significant comments objecting to the tentative determination 
and draft permit have been presented at the hearing or in writing 
pursuant to the public notice.
    (d) Any State permit program shall keep such records and submit to 
the Administrator such information as the Administrator may reasonably 
require to ascertain whether the State program complies with the 
requirements of CWA or of this part.

[48 FR 14178, Apr. 1, 1983, as amended at 60 FR 33931, June 29, 1995; 64 
FR 42470, Aug. 4, 1999]