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amended; 33 U.S.C. 1160. Interpret or apply section 10(c), 79 Stat. 908, 33 U.S.C. 1160(c).

SOURCE: The provisions of this Part 122 appear at 36 F.R. 22494, Nov. 25, 1971, unless otherwise noted. § 122.1 Applicability.

The provisions of this part apply to revisions of water quality standards under section 10(c) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1160(c)). § 122.2 Definitions.

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

(b) "Chairman" means the Chairman designated as stated in $ 122.10(a) to conduct the conference pursuant to section 10(c) (2) of the Act.

(c) "Agency" means the Environmen. tal Protection Agency (EPA).

(d) “Administrator" means the Administrator of EPA.

(e) “Water quality standards" mean water quality criteria applicable to specific interstate waters and plans for the implementation and enforcement of such criteria, established pursuant to Part 120 of this chapter, and as revised from time to time pursuant to this part.

(f) The definitions of terms contained in subsection 10(j) and section 23 of the Act shall be applicable to such terms as used in this part unless the context otherwise requires. § 122.3 General provisions.

(a) The Governor of any State which has adopted water quality standards, or the Governor of any State affected by another State's water quality standards, or the Administrator, may seek to revise such standards from time to time as provided in this part.

(b) Unless and until a revision to water quality standards has been finally promulgated or approved by the Administrator and has become effective in accordance with this part, every aspect of the water quality standards, including water quality criteria and plans for implementation and enforcement, as in effect prior to such revision shall continue in effect and shall be the enforceable water quality standards for purposes of the Act. Except as provided in this part, water quality standards, including water quality criteria and plans for implementation and enforcement, may not be revised, modified or altered in any respect.

§ 122.4 Initiation of proceeding by

State which adopted standards to be

revised. (a) A State may, after notice and public hearing, adopt revisions of its own water quality standards, including revisions of water quality criteria and revisions of plans for the enforcement and implementation of such criteria. Such revisions shall be valid and enforceable if they are determined by the Administrator to be such revisions as will protect the public health or welfare, enhance the quality of water and serve the purposes of the Act, and the water quality standards of the State as so revised shall thereafter be the water quality standards applicable to the interstate waters or portions thereof for which adopted.

(b) Determination by the Administrator that State-adopted revisions to water quality standards meet the criteria of paragraph (a) of this section shall be published in the FEDERAL REGISTER. Documents containing such standards shall be incorporated by reference into Part 120 of this chapter.

(c) The Administrator may, if he deems it to be appropriate, call a conference prior to making a determination pursuant to paragraph (a) of this section. If such a conference is called, the procedures set forth in $$ 122.7-122.14 shall be applicable. However, such a conference shall not be required in the case of any revision initiated under paragraph (a) of this section. § 122.5 Initiation of proceedings for re

vision by the Administrator. In any case where the Administrator desires revisions in water quality standards of one or more States previously determined by him to meet the requirements of the Act, including revision of water quality criteria or of plans for implementation and enforcement, he shall call a conference in connection therewith and shall proceed in accordance with $$ 122.7-122.14. & 122.6 Initiation of revision proceed

ings by a Governor of an affected

State. (a) If the Governor of the State affected by another State's water quality standards desires revisions in such standards, including revision of water quality criteria or of plans for implementation and enforcement, he shall request the Administrator to initiate a conference

as

in

for such purpose and he shall submit to (c) The notice of the conference shall the Administrator the following:

be published at least once at least 30 days (1) A description of the location and in advance of the conference date in the nature of the interstate waters to be FEDERAL REGISTER and in such local newscovered by the conference, the standards papers as the Administrator deems to be to be revised, the nature of the revisions necessary. desired and the reason therefor.

Parties. (2) A copy of the applicable estab

§ 122.9 lished water quality standards on which (a) The parties to a conference shall copy matter proposed to be deleted, if include the persons, departments, and any, shall be indicated by hyphens agencies specified in § 122.8(a). through such matter, and matter pro- (b) The chairman shall have all the posed to be added, if any, shall be in- rights of a party to the conference. serted proposed and shall be (c) Upon application and good cause underlined.

shown, the chairman may permit any (b) After receipt of the Governor's

additional interested Federal departrequest for revision, the Administrator ments and agencies, interstate agencies, shall proceed accordance with States, municipalities, industries, or $ $ 122.7-122.14.

other persons to appear for the purpose

of presenting a statement or to be ad$ 122.7 Notice of conference.

mitted as parties to such extent and (a) In any case where the Adminis- upon such terms as the chairman shall trator finds that the conditions prece- determine proper. dent to the calling of a conference pur- (d) Any appearance may be in person suant to this part exist, he shall call a or by counsel. conference. The Administrator or his (e) The failure of any party to file an designee shall issue and serve notice of a appearance or appear at the conference conference as herein provided.

in response to the notice of conference (b) The notice of conference shall shall not delay the conference and the briefly describe the location and nature chairman shall proceed, hear, receive of the interstate waters to be covered by statements, make determinations, and the conference, the standards to be re- take other appropriate action affecting vised, the nature of the revisions desired such party. and the reason therefor. The conference

8 122.10 Organization and general proshall be limited to the matters set forth

cedures of the conference. in the notice. (c) The notice shall include the name

(a) The chairman of the conference of the chairman before whom the confer

shall be the Administrator or such emence will be conducted and shall state

ployee of the Agency as the Administrathe city where and the day when the

tor may designate. The chairman shall conference shall be held. The conference

convene the conference and shall schedshall be held not earlier than thirty (30)

ule such other meetings as may be necdays after the service of the notice.

essary, including meetings for the settle

ment or simplification of issues. § 122.8 Service of notice.

(b) The chairman or his designee shall (a) The notice of the conference shall preside at all conference sessions and be served either personally or by publica- meetings called by him. tion on representatives of Federal (c) The conference shall be conducted departments and agencies, interstate in an informal but orderly manner. agencies, States, municipalities, and in- Questions of procedure during a condustries the Administrator or his desig- ference shall be determined by the nee has reason to believe may be affected chairman. by, or have an interest in, the proposed (d) The Office of Water Programs in revision.

the Environmental Protection Agency (b) The notice of the conference may shall provide such clerical and technical be served by mailing a copy thereof to assistance as may be necessary. each person, department, or agency to (e) The chairman shall maintain and be served at their residence, office, or have custody of all official records and place of business as ascertained by the documents pertaining to the conference Administrator or his designee, as the and shall perform such other duties recase may be. Service by mail is complete lated to the functioning of the conferupon mailing.

ence as may be necessary.

(f) The chairman shall execute, issue, the same shall be produced at the conor serve such notices, reports, communi- ference and physically be made part of cations, and other documents relating to the record or shall be incorporated in the the functions of the conference as he record by reference. may deem proper.

(d) The chairman may take official § 122.11 Presentation of material.

notice of statutes of States and of duly

promulgated regulations of any Federal The chairman shall prescribe the order

or State agency. for the presentation of material con

(e) The chairman shall submit to the cerning the waters to be covered by the

Administrator the verbatim transcript conference. Such material shall include a

including all charts, tabulations, and report by the Office of Water Programs

similar data which are part of the con(where the Administrator has proposed

ference record. revisions) or by the State which has proposed revisions, stating the established

$ 122.14 Preparation, publication, and

, standards for said waters, the present

promulgation of water quality standquality of said waters, the uses both

ards. existing and potential of such waters, (a) Subsequent to submission of the and the criteria and implementation conference transcript and record, the schedules necessary to protect and en- Administrator shall either: (1) Notify hance such uses, all as related to the the parties to the conference of his deproposed revisions.

termination that the proposed revisions

covered by the conference are not con$ 122.12 Conference procedure.

sistent with section 10(c) of the Act (a) Persons making statements need

or (2) shall prepare regulations setting not be sworn or make affirmation. Each

forth the proposed revisions covered by party shall be given an opportunity to the conference, with such modifications make a statement concerning the pro- as he shall deem necessary to conform posed revisions, an opportunity after all with section 10(c)(3) of the Act. Such parties have been heard to make a fur

regulations shall be published in the ther statement which may include com- FEDERAL REGISTER. ments on or rebuttal of other parties' (b) If, within 6 months from the date views, and an opportunity to make rec- the Administrator publishes such regulaommendations as to the proposed re- tions, the State has not adopted revivisions in either his first or subsequent sions to its water quality standards which statement.

the Administrator finds to be consistent (b) When necessary, in order to pre- with section 10(c)(3) of the Act, or a vent undue prolongation of the confer- petition for public hearing has not been ence, the chairman may limit the num- filed under section 10(c) (4) of the Act, ber of times any party may make a the Administrator shall promulgate revistatement and may direct that further sions by publication thereof in the FEDstatements be made in writing.

ERAL REGISTER. Such revisions shall be (c) The chairman shall exclude irrel- effective thirty (30) days after such pubevant, immaterial, or unduly repetitious lication unless a petition for public hearmaterial.

ing has been first filed. $ 122.13 Record of proceedings.

(c) At any time prior to thirty (30)

days after revisions have been promul(a) The proceedings shall be reported gated under paragraph (b) of this secverbatim. A transcript of such report tion, or thirty (30) days after receipt of shall be a part of the record and the sole notice of the Administrator's determinaofficial transcript of the proceedings. tion pursuant to paragraph (a) (1) of

(b) All statements, charts, tabula- this section, the Governor of the State tions, and other data shall be received which adopted the standards to be rein the record. If a party objects to the vised, or the Governor of any affected admissibility of such material, the ob- State, may petition the Adminstrator for jection shall be noted and the chairman a public hearing under section 10(c) (4) shall have a right to rule thereon.

of the Act. A petition for a public hearing (c) When the statement refers to a need not observe any fixed form, but it statute, or a report, or document, the must be in writing directed to the Adminchairman shall, after satisfying himself istrator and state that the petitioning of the identification of such statute, re- Governor desires the Administrator to port, or document, determine whether call a public hearing with respect to revision of water quality standards under Sec. section 10(c) (4) of the Act, and must

123.27 Notification to licensing or permitidentify the interstate waters and the

ting agency. revisions with respect to which such

123.28 Termination of suspension. hearing is to be called.

Subpart D-Consultations (d) If a petition for a public hearing

123.30 Review and advice. is filed under section 10(c) (4) of the Act, and the Administrator finds that the con

AUTHORITY: The provisions of this Part

115 issued under secs. 21 (b) and (c), 84 ditions precedent to the calling of such

Stat. 91; 33 U.S.C. 1171(b) (1970), Reorgania hearing exist, he will call such a hear

zation Plan No. 3 of 1970. ing and may either fix the time and plr.ce thereof, or authorize his designee

SOURCE: The provisions of this part 123 to do so. Such hearings shall proceed in

appear at 36 F.R. 22487, Nov. 25, 1971, unless

otherwise noted. Redesignated at 37 FR 21441, accordance with the provisions of

Oct. 11, 1972. $$ 104.13–104.24 of this chapter. (1) If the Hearing Board approves the revisions

Subpart A-General as published or promulgated by the

$ 123.1 Definitions. Administrator, the revisions shall take effect on receipt by the Administrator of As used in this part, the following the Hearing Board's recommendations. terms shall have the meanings indicated (2) If the Hearing Board agrees with

below: the Administrator's refusal to approve

(a) “License or permit” means any revisions, then no revisions shall take license or permit granted by an agency effect. (3) If the Hearing Board recom- of the Federal Government to conduct mends modifications in the revisions as any activity which may result in any published or promulgated by the Admin- discharge into the navigable waters of istrator, or recommends revisions where the United States. the Administrator refused to approve re

(b) “Licensing or permitting agency" visions, the Administrator shall promul- means any agency of the Federal Govgate revised regulations setting forth the ernment to which application is made revisions as recommended by the Hear- for a license or permit. ing Board, which revisions will become (c) “Administrator” means the Adeffective immediately upon such promul- ministrator, Environmental Protection gation.

Agency.

(d) “Regional Administrator" means PART 123–STATE CERTIFICATION OF AC- the Regional designee appointed by the

TIVITIES REQUIRING A FEDERAL LI- Administrator, Environmental ProtecCENS5 OR PERMIT

tion Agency Subpart A-General

(e) “Certifying Agency" means the Sec.

person or agency designated by the Gov123.1 Definitions.

ernor of a State, by statute, or by other 123.2 Contents of certification.

governmental act, to certify compliance 123.3 Contents of application.

with applicable water quality standards. Subpart B-Determination of Effect on Other

If an interstate agency has sole authority States

to so certify for the area within its juris

diction, such interstate agency shall be 123.11 Copies of documents. 123.12 Supplemental information.

the certifying agency. Where a State 123.13 Review by Regional Administrator

agency and an interstate agency have and notification.

concurrent authority to certify, the State 123.14 Forwarding to affected State.

agency shall be the certifying agency. 123.15 Hearings on objection of affected Where water quality standards have been State.

promulgated by the Administrator pur123.16 Waiver.

suant to section 10(c) (2) of the Act, or

where no State or interstate agency has Subpart C--Certification by the Administrator

authority to certify, the Administrator 123.21 When Administrator certifies.

shall be the certifying agency. 123.22 Applications. 123.23 Notice of hearing.

(f) “Act" means the Federal Water 123.24 Certification.

Pollution Control Act, 33 U.S.C. 1151, et 123.25 Adoption of water quality

seq. standards.

(g) "Water Quality Standards” means 123.26 Inspection of facility or activity be- standards established pursuant to section fore operation.

10(c) of the Act, and State-adopted

new

water quality standards for navigable Administrator, pursuant to an agreement waters which are not interstate waters. between the licensing or permitting § 123.2 Contents of certification.

agency and the Administrator that the

Regional Administrator will transmit a (a) A certification made by a certify- copy of the application to the appropriate ing agency shall include the following:

certifying agency. Upon subsequent re(1) The name and address of the ceipt from an applicant of a certificaapplicant;

tion, the licensing or permitting agency (2) A statement that the certifying shall forward a copy of such certification agency has either (i) examined the appli- to the Regional Administrator, unless cation made by the applicant to the such certification shall have been made licensing or permitting agency (specifi- by the Regional Administrator pursuant cally identifying the number or code to $ 123.24. affixed to such application) and bases its (b) Upon receipt from an applicant certification upon an evaluation of the of an application for a license or permit information contained in such applica- with an accompanying certification, the tion which is relevant to water quality licensing or permitting agency shall forconsiderations, or (ii) examined other ward two copies of the application and information furnished by the applicant certification to the Regional Adminissufficient to permit the certifying agency trator. to make the statement described in sub- (c) Only those portions of the appli. paragraph (3) of this paragraph;

cation which relate to water quality con(3) A statement that there is a rea- siderations shall be forwarded to the Resonable assurance that the activity will gional Administrator. be conducted in a manner which will not violate applicable water quality

§ 123.12 Supplemental information. standards;

If the documents forwarded to the Re(4) A statement of any conditions gional Administrator by the licensing or which the certifying agency deems neces

permitting agency pursuant to § 123.11 sary or desirable with respect to the dis- do not contain sufficient information for charge or the activity; and

the Regional Administrator to make the (5) Such other information as the determination provided for in § 123.13, certifying agency may determine to be the Regional Administrator may request, appropriate.

and the licensing or permitting agency (b) The certifying agency may modify

shall obtain from the applicant and forthe certification in such manner as may

ward to the Regional Administrator, any be agreed upon by the certifying agency,

supplemental information as may be the licensing or permitting agency, and

required to make such determination. the Regional Administrator.

§ 123.13 Review by Regional Adminis. § 123.3 Contents of application.

trator and notification.

The Regional Administrator shall reA licensing or permitting agency shall

view the application, certification, and require an applicant for a license or permit to include in the form of application

any supplemental information provided

in accordance with $ $ 123.11 and 123.12 such information relating to water qual

and if the Regional Administrator deterity considerations as may be agreed upon

mines there is reason to believe that a by the licensing or permitting agency

discharge may affect the quality of the and the Administrator.

waters of any State or States other than Subpart B-Determination of Effect on the State in which the discharge origiOther States

nates, the Regional Administrator shall,

no later than 30 days of the date of re§ 123.11 Copies of documents.

ceipt of the application and certification (a) Upon receipt from an applicant of

from the licensing or permitting agency an application for a license or permit

as provided in $ 123.11, so notify each without an accompanying certification,

affected State, the licensing or permitthe licensing or permitting agency shall

ting agency, and the applicant. either (1) forward one copy of the appli- $ 123.14 Forwarding to affected State. cation to the appropriate certifying The Regional Administrator shall foragency and two copies to the Regional ward to each affected State a copy of the Administrator, or (2) forward three material provided in accordance with copies of the application to the Regional § 123.11.

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