---
kind: "section"
citation: "40 C.F.R. § 123.21"
title: "40"
number: "123.21"
heading: "Elements of a program submission."
url: "https://uscodex.org/cfr/40/123.21"
---

# §123.21. Elements of a program submission.

- (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)](/cfr/40/123.33.md?p=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](/cfr/40/123.22.md), describing how the State intends to carry out its responsibilities under this part;
  - (3) An Attorney General's statement as required by [§ 123.23](/cfr/40/123.23.md);
  - (4) A Memorandum of Agreement with the Regional Administrator as required by [§ 123.24](/cfr/40/123.24.md);
  - (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)](/cfr/40/123.33.md?p=b), EPA shall take into consideration the contents of the Tribe's request submitted under [§ 123.32](/cfr/40/123.32.md), in determining if the program submission required by [§ 123.21(a)](#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.

## Notes

### Amendments

[48 FR 14178, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 58 FR 67981, Dec. 22, 1993; 59 FR 64343, Dec. 14, 1994]

### Authority

Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 14178, Apr. 1, 1983, unless otherwise noted.

### Amendments

[48 FR 14178, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 58 FR 67981, Dec. 22, 1993; 59 FR 64343, Dec. 14, 1994]