40 CFR 124.55
§ 124.55 Effect of State certification.
United States · 40 CFR — Protection of Environment · Status: effective
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- Citation
- 40 CFR 124.55, § 124.55 Effect of State certification, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/181590
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Full text
(a) When certification is required under CWA section 401(a)(1), no final permit shall be issued:
(1) If certification is denied; or
(2) Unless the final permit incorporates the conditions specified in the certification.
(b) A State may not condition or deny a certification on the grounds that State law allows a less stringent permit condition.
(c) A condition in a draft permit may be changed during agency review in any manner consistent with a corresponding certification. No such changes shall require EPA to submit the permit to the State for recertification.
(d) Review and appeals of limitations and conditions attributable to State certification shall be made through the applicable procedures of the State and may not be made through the procedures in this part.
(e) Nothing in this section shall affect EPA's obligation to comply with § 122.47. See CWA section 301(b)(1)(C).
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.