40 CFR 123.44 - EPA review of and objections to State permits
| Cite as | 40 CFR 123.44 |
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63 practice notes
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Water pollution control: National pollutant discharge elimination system; State programs Texas,
...301(b)(1)(C) of the CWA and 40 CFR 122.44(d)(1) require that any permit ensure compliance with State water quality standards. Under 40 CFR 123.44(c)(8), EPA is authorized to object to a State permit that fails to satisfy the requirements of section 122.44(d). Texas water quality standards a......
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Stream Protection Rule
...to issue the permit. 33 U.S.C. 1342(d)(4). EPA's procedures for the review of state-issued permits are set forth in regulations at 40 CFR 123.44 and in memoranda of agreement with the Section 404 Permits Section 404(a) of the Clean Water Act authorizes the Secretary of the Army, acting thro......
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Water pollution control: Program regulations streamlining; Round Two,
...of Permits (40 CFR 122.64) Revisions to Part 123 Requirements for Permitting (40 CFR 123.25) Transmission of Information to EPA (40 CFR 123.44) Revisions to Public Hearing Requirements for NPDES Permit Actions and RCRA Permit Summary of Proposed Rule Comment and EPA Responses Final Rule Rem......
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Water pollution; discharge of pollutants (NPDES):
Maine,
...designed to protect tribal uses. Where EPA objects to a permit, the Agency will follow the permit objection procedures outlined in 40 CFR 123.44 and will coordinate with the appropriate tribe in seeking to have DEP revise the permit. DEP cannot issue a final MEPDES permit over an outstandin......
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42 cases
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Pennsylvania Mun. Authorities Ass'n v. Horinko, No. CIV.A. 02-01361(HHK).
...Page 98 or EPA regional administrator, may object in writing to an issued permit, rendering it invalid. See 33 U.S.C. § 1342(d)(2); 40 C.F.R § 123.44. Under the Clean Water Act's judicial review provision, parties affected by EPA actions may appeal to the Circuit Courts of Plaintiffs repres......
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Ohio Valley Envtl. Coal., Inc. v. Maple Coal Co., Civil Action No. 3:11–0009.
...a comment period, and a public hearing when requested by the state or interested parties.” Am. Paper Inst., 890 F.2d at 871 (citing 40 C.F.R. § 123.44(e) (1988)). Subsequently, the EPA must “modify, withdraw, or reaffirm its objections.” Id. (citing 40 C.F.R. § 123.44(g) (1988)). If the obj......
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Ohio Valley Envtl. Coal. Inc. v. Coal–mac Inc., Civil Action Nos. 3:10–0833
...a comment period, and a public hearing when requested by the state or interested parties.” Am. Paper Inst., 890 F.2d at 871 (citing 40 C.F.R. § 123.44(e) (1988)). Subsequently, the EPA must “reaffirm the original objection, modify the terms of the objection, or withdraw the objection....” M......
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U.S. v. Smithfield Foods, Inc., Action No. 2:96cv1204.
...the action, because "[s]ending a copy of the letter to the [EPA] ... is not equivalent to the procedural requirements set forth in 40 CFR 123.44 or Section 402(d) of the Act, which allow the Administrator of the [EPA] to veto a state's issuance of a Defendants next argue that the Board......
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2 books & journal articles
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Pesticides, Water Quality, and the Public Trust Doctrine
...make objections to, and make recommendations on proposed state permits, including general permits. 33 U.S.C. §1342(d)(2) (2012); 40 C.F.R. §123.44(a)(1)–(2) (2014). 105. Claudia Copeland, supra note 69, at 12–13. 106. CropLife America, supra note 104. as identical because of substantial sim......
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Permits and state permit programs
...interpretation of the statute is reasonable, we uphold the challenged regulations. Initially, we consider Industry’s challenge to 40 C.F.R. § 123.44(c)(6) (subsection 6). hat regulation provides that the Regional Administrator may veto a proposed permit if, in the absence of formally promul......