[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: 40CFR123.62]

[Page 265-266]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 123_STATE PROGRAM REQUIREMENTS--Table of Contents
 
          Subpart D_Program Approval, Revision, and Withdrawal
 
Sec.  123.62  Procedures for revision of State programs.

    (a) Either EPA or the approved State may initiate program revision. 
Program revision may be necessary when the controlling Federal or State 
statutory or regulatory authority is modified or supplemented. The State 
shall keep EPA fully informed of any proposed modifications to its basic 
statutory or regulatory authority, its forms, procedures, or priorities. 
Grounds for program revision include cases where a State's existing 
approved program includes authority to issue NPDES permits for 
activities on a Federal Indian reservation and an Indian Tribe has 
subsequently been approved for assumption of the NPDES program under 40 
CFR part 123 extending to those lands.
    (b) Revision of a State program shall be accomplished as follows:
    (1) The State shall submit a modified program description, Attorney 
General's statement, Memorandum of Agreement, or such other documents as 
EPA determines to be necessary under the circumstances.
    (2) Whenever EPA determines that the proposed program revision is 
substantial, EPA shall issue public notice and provide an opportunity to 
comment for a period of at least 30 days. The public notice shall be 
mailed to interested persons and shall be published in the Federal 
Register and in enough of the largest newspapers in the State to provide 
Statewide coverage. The public notice shall summarize the proposed 
revisions and provide for the opportunity to request a public hearing. 
Such a hearing will be held if there is significant public interest 
based on requests received.
    (3) The Administrator will approve or disapprove program revisions 
based on the requirements of this part (or, in the case of a sewage 
sludge management program, 40 CFR part 501) and of the CWA.
    (4) A program revision shall become effective upon the approval of 
the Administrator. Notice of approval of any substantial revision shall 
be published in the Federal Register. Notice of approval of non-
substantial program revisions may be given by a letter from the

[[Page 266]]

Administrator to the State Governor or his designee.
    (c) States with approved programs must notify EPA whenever they 
propose to transfer all or part of any program from the approved State 
agency to any other State agency, and must identify any new division of 
responsibilities among the agencies involved. The new agency is not 
authorized to administer the program until approved by the Administrator 
under paragraph (b) of this section. Organizational charts required 
under Sec.  123.22(b) (or, in the case of a sewage sludge management 
program, Sec.  501.12(b) of this chapter) must be revised and 
resubmitted.
    (d) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to a State 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.
    (e) State NPDES programs only. All new programs must comply with 
these regulations immediately upon approval. Any approved State section 
402 permit program which requires revision to conform to this part shall 
be so revised within one year of the date of promulgation of these 
regulations, unless a State must amend or enact a statute in order to 
make the required revision in which case such revision shall take place 
within 2 years, except that revision of State programs to implement the 
requirements of 40 CFR part 403 (pretreatment) shall be accomplished as 
provided in 40 CFR 403.10. In addition, approved States shall submit, 
within 6 months, copies of their permit forms for EPA review and 
approval. Approved States shall also assure that permit applicants, 
other than POTWs, submit, as part of their application, the information 
required under Sec. Sec.  124.4(d) and 122.21 (g) or (h), as 
appropriate.
    (f) Revision of a State program by a Great Lakes State or Tribe (as 
defined in 40 CFR 132.2) to conform to section 118 of the CWA and 40 CFR 
part 132 shall be accomplished pursuant to 40 CFR part 132.

[48 FR 14178, Apr. 1, 1983, as amended at 49 FR 31842, Aug. 8, 1984; 50 
FR 6941, Feb. 19, 1985; 53 FR 33007, Sept. 6, 1988; 58 FR 67983, Dec. 
22, 1993; 60 FR 15386, Mar. 23, 1995; 63 FR 45123, Aug. 24, 1998]