40 CFR § 121.8 - Extent of Federal agency review.

---
identifier: "/us/cfr/t40/s121.8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 121.8 - Extent of Federal agency review."
title_number: 40
title_name: "Protection of Environment"
section_number: "121.8"
section_name: "Extent of Federal agency review."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "121"
part_name: "STATE CERTIFICATION OF ACTIVITIES REQUIRING A FEDERAL LICENSE OR PERMIT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1251"
regulatory_source: "88 FR 66661, Sept. 27, 2023, unless otherwise noted."
cfr_part: "121"
---


# 121.8 Extent of Federal agency review.

To the extent a Federal agency verifies compliance with the requirements of Clean Water Act section 401, its review is limited to whether: the appropriate certifying authority issued the certification decision; the certifying authority confirmed it complied with its public notice procedures established pursuant to Clean Water Act section 401(a)(1); and the certifying authority acted on the request for certification within the reasonable period of time.