40 CFR § 124.53 - State certification.

---
identifier: "/us/cfr/t40/s124.53"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 124.53 - State certification."
title_number: 40
title_name: "Protection of Environment"
section_number: "124.53"
section_name: "State certification."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "124"
part_name: "PROCEDURES FOR DECISIONMAKING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Resource Conservation and Recovery Act, 42 U.S.C. 6901  Safe Drinking Water Act, 42 U.S.C. 300f  Clean Water Act, 33 U.S.C. 1251  Clean Air Act, 42 U.S.C. 7401"
regulatory_source: "48 FR 14264, Apr. 1, 1983, unless otherwise noted."
cfr_part: "124"
---


# 124.53 State certification.

(a) Under CWA section 401(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 and 121.5 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 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 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). 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.

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