---
kind: "section"
citation: "40 C.F.R. § 124.53"
title: "40"
number: "124.53"
heading: "State certification."
url: "https://uscodex.org/cfr/40/124.53"
---

# §124.53. State certification.

- (a) Under CWA [section 401(a)(1)](/cfr/40/401.md?p=a-1), EPA may not issue a permit until a certification is granted or waived in accordance with that section by the State in which the discharge originates or will originate.
- (b) Consistent with the requirements set forth in §§ [121.4](/cfr/40/121.4.md) and [121.5](/cfr/40/121.5.md) of this chapter, applications for individual permits may be forwarded by the Regional Administrator to the certifying State agency with a request to act on the request for certification consistent with [§ 121.7](/cfr/40/121.7.md) of this chapter.
- (c) If State certification has not been requested by the time the draft permit is prepared, the Regional Administrator shall send the certifying State agency a request for certification consistent with [§ 121.5](/cfr/40/121.5.md) of this chapter and include a copy of the draft permit.
- (d) State certification shall be granted or denied within the reasonable period of time as required under CWA [section 401(a)(1)](/cfr/40/401.md?p=a-1). The State shall send a notice of its action, including a copy of any certification, to the applicant and the Regional Administrator.
- (e) State certification on a draft permit may include a statement of the extent to which each condition of the draft permit can be made less stringent without violating the requirements of State law, including water quality standards.

## Notes

### Amendments

[48 FR 14264, Apr. 1, 1983, as amended at 88 FR 66666, Sept. 27, 2023]

### Authority

Authority: Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Clean Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et seq.

### Source

Source: 48 FR 14264, Apr. 1, 1983, unless otherwise noted.

### Amendments

[48 FR 14264, Apr. 1, 1983, as amended at 88 FR 66666, Sept. 27, 2023]