[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR501.14]

[Page 805-807]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 501_STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS
--Table of Contents
 
         Subpart B_Development and Submission of State Programs
 
Sec. 501.14  Memorandum of Agreement with the Regional Administrator.

    (a) Any State that seeks to administer a program under this part 
must submit a Memorandum of Agreement. The Memorandum of Agreement must 
be executed by the State Program Director and the Regional Administrator 
and will become effective when approved by the Regional Administrator.

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In addition to meeting the requirements of paragraph (b) of this 
section, the Memorandum of Agreement may include other terms, 
conditions, or agreements consistent with this part and relevant to the 
administration and enforcement of the State's regulatory program. The 
Administrator will not approve any Memorandum of Agreement which 
contains provisions which restrict EPA's exercise of its oversight 
responsibility.
    (b) The Memorandum of Agreement shall include the following:
    (1)(i) Provisions for the prompt transfer from EPA to the State of 
pending permit applications applicable to the State program (or portion 
of the State program for which the State seeks approval) and any other 
information relevant to program operation not already in the possession 
of the State Director (e.g., support files for permit issuance, 
compliance reports, etc.). If existing permits are transferred from EPA 
to the State for administration, the Memorandum of Agreement must 
contain provisions specifying a procedure for transferring the 
administration of these permits. If a State lacks the authority to 
directly administer permits issued by the federal government, a 
procedure may be established to transfer responsibility for these 
permits.
    (ii) Where a State has been authorized by EPA to issue permits in 
accordance with Sec. 501.13 on the Federal Indian reservation of the 
Indian Tribe seeking program approval, provisions describing how the 
transfer of pending permit applications, permits, and any other 
information relevant to the program operation not already in the 
possession of the Indian Tribe (support files for permit issuance, 
compliance reports, etc.) will be accomplished.
    (2) Provisions specifying classes and categories of permit 
applications, draft permits, and proposed permits that the State will 
send to the Regional Administrator for review, comment and, where 
applicable, objection. These provisions must follow the permit review 
procedures set forth in 40 CFR 123.44.
    (3) The Memorandum of Agreement must also specify the extent to 
which EPA will waive its right to review, object to, or comment upon 
State-issued permits.
    (4) Whenever a waiver is granted under paragraph (3) of this 
section, the Memorandum of Agreement shall contain a statement that the 
Regional Administrator retains the right to terminate the waiver as to 
future permit actions, in whole or in part, at any time by sending the 
State Director written notice of termination.
    (5) Provisions specifying the frequency and content of reports, 
documents and other information which the State is required to submit to 
EPA. The State shall allow EPA to routinely review State records, 
reports, and files relevant to the administration and enforcement of the 
approved program. State reports may be combined with grant reports where 
appropriate. The procedures shall implement the requirements of Sec. 
501.21.
    (c) The Memorandum of Agreement must also provide for the following:
    (1) The circumstances in which the State must promptly send notices, 
draft permits, final permits, or related documents to the Regional 
Administrator; and
    (2) Provisions on the State's compliance monitoring and enforcement 
program, including:
    (i) Provisions for coordination of compliance monitoring activities 
by the State and by EPA. These may specify the basis on which the 
Regional Administrator will select facilities or activities within the 
State for EPA inspection; and
    (ii) Procedures to assure coordination of enforcement activities.
    (3) When appropriate, provisions for joint processing of permits by 
the State and EPA for facilities or activities which require permits 
from both EPA and the State under different programs (see for example 40 
CFR 124.4).
    (4) Provisions for modification of the Memorandum of Agreement in 
accordance with this part.
    (5) Provisions for modification of the Memorandum of Agreement in 
accordance with this part.
    (d) The Memorandum of Agreement, the annual program grant and the 
State/EPA Agreement should be consistent. If the State/EPA Agreement 
indicates that a change is needed in the

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Memorandum of Agreement, the Memorandum of Agreement may be amended 
through the procedures set forth in this part. The State/EPA Agreement 
may not override the Memorandum of Agreement.

(The information collection requirements in paragraph (c) of this 
section have been approved by the Office of Management and Budget under 
control number 2040-0128)

[54 FR 18786, May 2, 1989, as amended at 58 FR 67984, Dec. 22, 1993; 63 
FR 45124, Aug. 24, 1998]