40 C.F.R. § 124.55
Effect of State certification
(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).
Notes of Decisions
Cited in 16
cases, 1982–2013 · leading case: Am. Rivers, Inc., & the State of Vermont v. Fed. Energy Regulatory Comm'n, Green Mountain Power & Trout Unlimited, Intervenors, 129 F.3d 99 (2d Cir. 1997).
Am. Rivers, Inc., & the State of Vermont v. Fed. Energy Regulatory Comm'n, Green Mountain Power & Trout Unlimited, Intervenors, 129 F.3d 99 (2d Cir. 1997). “Pursuant to its authority to issue discharge permits under the National Pollutant Discharge Elimination System (“NPDES”), the EPA promulgated 40 C.F.R. § 124.55 (e) which provides that “[r]eview and appeals of limitations and conditions attributable to State certification shall…”
Puerto Rico Sun Oil Co. v. United States Env't Prot. Agency, 8 F.3d 73 (1st Cir. 1993). “40 C.F.R. § 124.55 (b). But this regulation does not apply in this case because EQB never sent a substitute certificate to the EPA.”
Nat'l Wildlife Fed'n v. United States Env't Prot. Agency, 945 F. Supp. 2d 39 (D.D.C. 2013). “, against the United States Environmental Protection Agency challenging 40 C.F.R. § 124.55 (b), which governs certain discharge permits issued by the EPA pursuant to the Clean Water Act.”
Adams v. U.S. Env't Prot. Agency, 38 F.3d 43 (1st Cir. 1994). “; 40 C.F.R. § 124.55 . The EPA then prepares and issues a draft permit and explanatory fact sheet.”
Cook Inletkeeper v. United States Env't Prot. Agency, 400 F. App'x 239 (9th Cir. 2010). “1993); see also 40 C.F.R. § 124.55 (e). All of the arguments raised in Part V.”
Roosevelt Campobello Int'l Park Comm'n v. United States Env't Prot. Agency, 684 F.2d 1041 (1st Cir. 1982). “The NPDES regulations state that “[r]eview 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 established in the federal regulations.”
Stein v. Kelso, 846 P.2d 123 (Alaska 1993). “40 C.F.R. § 124.55 (c) (1991). In this case, DEC certified the draft permits without adding any new conditions.”
Nat'l Wildlife Fed'n v. United States Env't Prot. Agency, 949 F. Supp. 2d 251 (D.D.C. 2013). “, against the United States Environmental Protection Agency challenging 40 C.F.R. § 124.55 (b), which governs certain discharge permits issued by the EPA pursuant to the Clean Water Act.”
Marathon Oil Co. v. Env't Prot. Agency, 830 F.2d 1346 (5th Cir. 1987). “would be in violation of 40 C.F.R. 124.55. According to this regulation, the State may not condition or deny a certification on the grounds that State law allows a less stringent permit condition.”
Miners Advocacy Council, Inc. v. State, Dep't of Env't Conservation, 778 P.2d 1126 (Alaska 1989). “§ 1341 (d); 40 C.F.R. § 124.55 (c). If a state does nothing, it waives certification, and the NPDES permits are issued as originally proposed by EPA.”
In re the Decision on the Approval for Submittal of a 401 Water Quality Certification, 822 N.W.2d 676 (Minn. Ct. App. 2012). “(citing 40 C.F.R. § 124.55 (b) (2008)). Meanwhile, in 2007, the MPCA began work on its own permit for ballast-water discharges.”
Nat. Resources Def. Council v. United States Env't Prot. Agency, 279 F.3d 1180 (9th Cir. 2002). “40 C.F.R. § 124.55 (e). However, it is not the state certification that is at issue here; rather, it is the EPA’s independent statutory obligation under the CWA to ensure compliance with water quality standards, see 33 U.”
— 40 C.F.R. § 124.55(b) — 2 cases
Puerto Rico Sun Oil v. EPA (1st Cir. 1993).
Puerto Rico Sun Oil v. EPA (1st Cir. 1993).
— 40 C.F.R. § 124.55(e) — 1 case
Am. Rivers, Inc., & the State of Vermont v. Fed. Energy Regulatory Comm'n, Green Mountain Power & Trout Unlimited, Intervenors, 129 F.3d 99 (2d Cir. 1997). “Pursuant to its authority to issue discharge permits under the National Pollutant Discharge Elimination System (“NPDES”), the EPA promulgated 40 C.F.R. § 124.55 (e) which provides that “[r]eview and appeals of limitations and conditions attributable to State certification shall…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.