40 CFR § 123.42 - Receipt and use of Federal information.

---
identifier: "/us/cfr/t40/s123.42"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 123.42 - Receipt and use of Federal information."
title_number: 40
title_name: "Protection of Environment"
section_number: "123.42"
section_name: "Receipt and use of Federal information."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "123"
part_name: "STATE PROGRAM REQUIREMENTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Clean Water Act, 33 U.S.C. 1251"
regulatory_source: "48 FR 14178, Apr. 1, 1983, unless otherwise noted."
cfr_part: "123"
---


# 123.42 Receipt and use of Federal information.

Upon approving a State permit program, EPA will send to the State agency administering the permit program any relevant information which was collected by EPA. The Memorandum of Agreement under § 123.24 (or, in the case of a sewage sludge management program, § 501.14 of this chapter) will provide for the following, in such manner as the State Director and the Regional Administrator agree:

(a) Prompt transmission to the State Director from the Regional Administrator of copies of any pending permit applications or any other relevant information collected before the approval of the State permit program and not already in the possession of the State Director. When existing permits are transferred to the State Director (e.g., for purposes of compliance monitoring, enforcement or reissuance), relevant information includes support files for permit issuance, compliance reports and records of enforcement actions.

(b) Procedures to ensure that the State Director will not issue a permit on the basis of any application received from the Regional Administrator which the Regional Administrator identifies as incomplete or otherwise deficient until the State Director receives information sufficient to correct the deficiency.

[48 FR 14178, Apr. 1, 1983, as amended at 63 FR 45122, Aug. 24, 1998]