40 CFR §123.21
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Any State that seeks to administer a program under this part shall submit to the Administrator at least three copies of a program submission. The submission shall contain the following:
- (1)A letter from the Governor of the State (or in the case of an Indian Tribe in accordance with § 123.33(b), the Tribal authority exercising powers substantially similar to those of a State Governor) requesting program approval;
- (2)A complete program description, as required by § 123.22, describing how the State intends to carry out its responsibilities under this part;
- (3)An Attorney General's statement as required by § 123.23;
- (4)A Memorandum of Agreement with the Regional Administrator as required by § 123.24;
- (5)Copies of all applicable State statutes and regulations, including those governing State administrative procedures;
- (b)
- (1)Within 30 days of receipt by EPA of a State program submission, EPA will notify the State whether its submission is complete. If EPA finds that a State's submission is complete, the statutory review period (i.e., the period of time allotted for formal EPA review of a proposed State program under CWA) shall be deemed to have begun on the date of receipt of the State's submission. If EPA finds that a State's submission is incomplete, the statutory review period shall not begin until all the necessary information is received by EPA.
- (2)In the case of an Indian Tribe eligible under § 123.33(b), EPA shall take into consideration the contents of the Tribe's request submitted under § 123.32, in determining if the program submission required by § 123.21(a) is complete.
- (c)If the State's submission is materially changed during the statutory review period, the statutory review period shall begin again upon receipt of the revised submission.
- (d)The State and EPA may extend the statutory review period by agreement.