for such purpose and he shall submit to the Administrator the following:

(1) A description of the location and nature of the interstate waters to be covered by the conference, the standards to be revised, the nature of the revisions desired and the reason therefor.

(2) A copy of the applicable established water quality standards on which copy matter proposed to be deleted, if any, shall be indicated by hyphens through such matter, and matter proposed to be added, if any, shall be inserted as proposed and shall be underlined.

(b) After receipt of the Governor's request for revision, the Administrator shall proceed in accordance with §§ 122.7-122.14.

§ 122.7 Notice of conference.

(a) In any case where the Administrator finds that the conditions precedent to the calling of a conference pursuant to this part exist, he shall call a conference. The Administrator or his designee shall issue and serve notice of a conference as herein provided.

(b) The notice of conference shall briefly describe the location and nature of the interstate waters to be covered by the conference, the standards to be revised, the nature of the revisions desired and the reason therefor. The conference shall be limited to the matters set forth in the notice.

(c) The notice shall include the name of the chairman before whom the conference will be conducted and shall state the city where and the day when the conference shall be held. The conference shall be held not earlier than thirty (30) days after the service of the notice.

§ 122.8 Service of notice.

(a) The notice of the conference shall be served either personally or by publication on representatives of Federal departments and agencies, interstate agencies, States, municipalities, and industries the Administrator or his designee has reason to believe may be affected by, or have an interest in, the proposed revision.

(b) The notice of the conference may be served by mailing a copy thereof to each person, department, or agency to be served at their residence, office, or place of business as ascertained by the Administrator or his designee, as the case may be. Service by mail is complete upon mailing.

(a) The parties to a conference shall include the persons, departments, and agencies specified in § 122.8(a).

(b) The chairman shall have all the rights of a party to the conference.

(c) Upon application and good cause shown, the chairman may permit any additional interested Federal departments and agencies, interstate agencies, States, municipalities, industries, or other persons to appear for the purpose of presenting a statement or to be admitted as parties to such extent and upon such terms as the chairman shall determine proper.

(d) Any appearance may be in person or by counsel.

(e) The failure of any party to file an appearance or appear at the conference in response to the notice of conference shall not delay the conference and the chairman shall proceed, hear, receive statements, make determinations, and take other appropriate action affecting such party.

§ 122.10

Organization and general procedures of the conference.

(a) The chairman of the conference shall be the Administrator or such employee of the Agency as the Administrator may designate. The chairman shall convene the conference and shall schedule such other meetings as may be necessary, including meetings for the settlement or simplification of issues.

(b) The chairman or his designee shall preside at all conference sessions and meetings called by him.

(c) The conference shall be conducted in an informal but orderly manner. Questions of procedure during a conference shall be determined by the chairman.

(d) The Office of Water Programs in the Environmental Protection Agency shall provide such clerical and technical assistance as may be necessary.

(e) The chairman shall maintain and have custody of all official records and documents pertaining to the conference and shall perform such other duties related to the functioning of the conference as may be necessary.

(f) The chairman shall execute, issue, or serve such notices, reports, communications, and other documents relating to the functions of the conference as he may deem proper. § 122.11

Presentation of material.

The chairman shall prescribe the order for the presentation of material concerning the waters to be covered by the conference. Such material shall include a report by the Office of Water Programs (where the Administrator has proposed revisions) or by the State which has proposed revisions, stating the established standards for said waters, the present quality of said waters, the uses both existing and potential of such waters, and the criteria and implementation schedules necessary to protect and enhance such uses, all as related to the proposed revisions. § 122.12

Conference procedure.

(a) Persons making statements need not be sworn or make affirmation. Each party shall be given an opportunity to make a statement concerning the proposed revisions, an opportunity after all parties have been heard to make a further statement which may include comments on or rebuttal of other parties' views, and an opportunity to make recommendations as to the proposed revisions in either his first or subsequent statement.

(b) When necessary, in order to prevent undue prolongation of the conference, the chairman may limit the number of times any party may make a statement and may direct that further statements be made in writing.

(c) The chairman shall exclude irrelevant, immaterial, or unduly repetitious material.

§ 122.13 Record of proceedings.

(a) The proceedings shall be reported verbatim. A transcript of such report shall be a part of the record and the sole official transcript of the proceedings.

(b) All statements, charts, tabulations, and other data shall be received in the record. If a party objects to the admissibility of such material, the objection shall be noted and the chairman shall have a right to rule thereon.

(c) When the statement refers to a statute, or a report, or document, the chairman shall, after satisfying himself of the identification of such statute, report, or document, determine whether

the same shall be produced at the conference and physically be made part of the record or shall be incorporated in the record by reference.

(d) The chairman may take official notice of statutes of States and of duly promulgated regulations of any Federal or State agency.

(e) The chairman shall submit to the Administrator the verbatim transcript including all charts, tabulations, and similar data which are part of the conference record.

§ 122.14 Preparation, publication, and promulgation of water quality stand

ards.

(a) Subsequent to submission of the conference transcript and record, the Administrator shall either: (1) Notify the parties to the conference of his determination that the proposed revisions covered by the conference are not consistent with section 10(c) of the Act or (2) shall prepare regulations setting forth the proposed revisions covered by the conference, with such modifications as he shall deem necessary to conform with section 10(c) (3) of the Act. Such regulations shall be published in the FEDERAL REGISTER.

(b) If, within 6 months from the date the Administrator publishes such regulations, the State has not adopted revisions to its water quality standards which the Administrator finds to be consistent with section 10(c)(3) of the Act, or a petition for public hearing has not been filed under section 10 (c) (4) of the Act, the Administrator shall promulgate revisions by publication thereof in the FEDERAL REGISTER. Such revisions shall be effective thirty (30) days after such publication unless a petition for public hearing has been first filed.

(c) At any time prior to thirty (30) days after revisions have been promulgated under paragraph (b) of this section, or thirty (30) days after receipt of notice of the Administrator's determination pursuant to paragraph (a)(1) of this section, the Governor of the State which adopted the standards to be revised, or the Governor of any affected State, may petition the Adminstrator for a public hearing under section 10 (c) (4) of the Act. A petition for a public hearing need not observe any fixed form, but it must be in writing directed to the Administrator and state that the petitioning Governor desires the Administrator to call a public hearing with respect to re

vision of water quality standards under section 10(c) (4) of the Act, and must identify the interstate waters and the revisions with respect to which such hearing is to be called.

(d) If a petition for a public hearing is filed under section 10 (c) (4) of the Act, and the Administrator finds that the conditions precedent to the calling of such a hearing exist, he will call such a hearing and may either fix the time and place thereof, or authorize his designee to do so. Such hearings shall proceed in accordance with the provisions of §§ 104.13-104.24 of this chapter. (1) If the Hearing Board approves the revisions as published or promulgated by the Administrator, the revisions shall take effect on receipt by the Administrator of the Hearing Board's recommendations. (2) If the Hearing Board agrees with the Administrator's refusal to approve revisions, then no revisions shall take effect. (3) If the Hearing Board recommends modifications in the revisions as published or promulgated by the Administrator, or recommends revisions where the Administrator refused to approve revisions, the Administrator shall promulgate revised regulations setting forth the revisions as recommended by the Hearing Board, which revisions will become effective immediately upon such promulgation.

Sec.
123.27
123.28 Termination of suspension.

Notification to licensing or permit-
ting agency.

Subpart D-Consultations

123.30 Review and advice.

AUTHORITY: The provisions of this Part 115 issued under secs. 21 (b) and (c), 84 Stat. 91; 33 U.S.C. 1171(b) (1970). Reorganization Plan No. 3 of 1970.

SOURCE: The provisions of this Part 123 appear at 36 F.R. 22487, Nov. 25, 1971, unless otherwise noted. Redesignated at 37 FR 21441, Oct. 11, 1972.

As used in this part, the following terms shall have the meanings indicated below:

(a) "License or permit" means any license or permit granted by an agency of the Federal Government to conduct any activity which may result in any discharge into the navigable waters of the United States.

(b) "Licensing or permitting agency" means any agency of the Federal Government to which application is made for a license or permit.

(c) "Administrator" means the Administrator, Environmental Protection Agency.

(d) "Regional Administrator" means the Regional designee appointed by the Administrator, Environmental Protection Agency.

(e) "Certifying Agency" means the person or agency designated by the Governor of a State, by statute, or by other governmental act, to certify compliance with applicable water quality standards. If an interstate agency has sole authority to so certify for the area within its jurisdiction, such interstate agency shall be the certifying agency. Where a State agency and an interstate agency have concurrent authority to certify, the State agency shall be the certifying agency. Where water quality standards have been promulgated by the Administrator pursuant to section 10 (c) (2) of the Act, or where no State or interstate agency has authority to certify, the Administrator shall be the certifying agency.

(f) "Act" means the Federal Water Pollution Control Act, 33 U.S.C. 1151, et seq.

(g) "Water Quality Standards" means standards established pursuant to section 10(c) of the Act, and State-adopted

water quality standards for navigable waters which are not interstate waters. § 123.2

Contents of certification.

(a) A certification made by a certifying agency shall include the following: (1) The name and address of the applicant;

(2) A statement that the certifying agency has either (i) examined the application made by the applicant to the licensing or permitting agency (specifically identifying the number or code affixed to such application) and bases its certification upon an evaluation of the information contained in such application which is relevant to water quality considerations, or (ii) examined other information furnished by the applicant sufficient to permit the certifying agency to make the statement described in subparagraph (3) of this paragraph;

(3) A statement that there is a reasonable assurance that the activity will be conducted in a manner which will not violate applicable water quality standards;

(4) A statement of any conditions which the certifying agency deems necessary or desirable with respect to the discharge or the activity; and

(5) Such other information as the certifying agency may determine to be appropriate.

(b) The certifying agency may modify the certification in such manner as may be agreed upon by the certifying agency, the licensing or permitting agency, and the Regional Administrator.

Administrator, pursuant to an agreement between the licensing or permitting agency and the Administrator that the Regional Administrator will transmit a copy of the application to the appropriate certifying agency. Upon subsequent receipt from an applicant of a certification, the licensing or permitting agency shall forward a copy of such certification to the Regional Administrator, unless such certification shall have been made by the Regional Administrator pursuant to § 123.24.

(b) Upon receipt from an applicant of an application for a license or permit with an accompanying certification, the licensing or permitting agency shall forward two copies of the application and certification to the Regional Administrator.

(c) Only those portions of the application which relate to water quality considerations shall be forwarded to the Regional Administrator.

§ 123.12

Supplemental information.

If the documents forwarded to the Regional Administrator by the licensing or permitting agency pursuant to § 123.11 do not contain sufficient information for the Regional Administrator to make the determination provided for in § 123.13, the Regional Administrator may request, and the licensing or permitting agency shall obtain from the applicant and forward to the Regional Administrator, any supplemental information as may be required to make such determination. § 123.13 Review by Regional Administrator and notification.

The Regional Administrator shall review the application, certification, and any supplemental information provided in accordance with §§ 123.11 and 123.12 and if the Regional Administrator determines there is reason to believe that a discharge may affect the quality of the waters of any State or States other than the State in which the discharge originates, the Regional Administrator shall, no later than 30 days of the date of receipt of the application and certification from the licensing or permitting agency as provided in § 123.11, so notify each affected State, the licensing or permitting agency, and the applicant.

§ 123.14 Forwarding to affected State.

The Regional Administrator shall forward to each affected State a copy of the material provided in accordance with § 123.11.

§ 123.15 Hearings on objection of affected State.

When a licensing or permitting agency holds a public hearing on the objection of an affected State, notice of such objection, including the grounds for such objection, shall be forwarded to the Regional Administrator by the licensing or permitting agency no later than 30 days prior to such hearing. The Regional Administrator shall at such hearing submit his evaluation with respect to such objection and his recommendations as to whether and under what conditions the license or permit should be issued. § 123.16

Waiver.

The certification requirement with respect to an application for a license or permit shall be waived upon:

(a) Written notification from the State or interstate agency concerned that it expressly waives its authority to act on a request for certification; or

(b) Written notification from the licensing or permitting agency to the Regional Administrator of the failure of the State or interstate agency concerned to act on such request for certification within a reasonable period of time after receipt of such request, as determined by the licensing or permitting agency (which period shall generally be considered to be 6 months, but in any event shall not exceed 1 year).

In the event of a waiver hereunder, the Regional Administrator shall consider such waiver as a substitute for a certification, and as appropriate, shall conduct the review, provide the notices, and perform the other functions identified in sections 123.13, 123.14, and 123.15. The notices required by section 123.13 shall be provided not later than 30 days after the date of receipt by the Regional Administrator of either notification referred to herein.

Subpart C-Certification by the
Administrator

§ 123.21 When Administrator certifies. Certification by the Administrator that the discharge resulting from an activity requiring a license or permit will not violate applicable water quality standards will be required where:

(a) Standards have been promulgated, in whole or in part, by the Administrator pursuant to section 10(c) (2) of the Act: Provided, however, That the Administrator will certify compliance only with

97-025-73-50

An applicant for certification from the Administrator shall submit to the Regional Administrator a complete description of the discharge involved in the activity for which certification is sought, with a request for certification signed by the applicant. Such description shall include the following:

(a) The name and address of the applicant;

(b) A description of the facility or activity, and of any discharge into navigable waters which may result from the conduct of any activity including, but not limited to, the construction or operation of the facility, including the biological, chemical, thermal, and other characteristics of the discharge, and the location or locations at which such discharge may enter navigable waters;

(c) A description of the function and operation of equipment or facilities to treat wastes or other effluents which may be discharged, including specification of the degree of treatment expected to be attained;

(d) The date or dates on which the activity will begin and end, if known, and the date or dates on which the discharge will take place;

(e) A description of the methods and means being used or proposed to monitor the quality and characteristics of the discharge and the operation of equipment or facilities employed in the treatment or control of wastes or other effluents. § 123.23 Notice and hearing.

The Regional Administrator will provide public notice of each request for certification by mailing to State, County, and municipal authorities, heads of State agencies responsible for water quality improvement, and other parties known to be interested in the matter, including adjacent property owners and conservation organizations, or may provide such notice in a newspaper of general circulation in the area in which the activity is proposed to be conducted if the Regional Administrator deems mailed notice to be impracticable. Interested parties shall be provided an opportunity to comment on such request in such manner as the Regional Administrator deems ap