40 CFR 121.16 : Protection Of Environment (§ 1.1 To Parts 1851-1899) — (Parts 100-103 To § 135.13) — Environmental Protection Agency (Continued) (Parts 100-103 To § 135.13) — Water Programs (Parts 100-103 To § 135.13) — State Certification Of Activities Requiring A Federal License Or Permit (§ 121.1 To § 121.30) — Determination Of Effect On Other States (§ 121.11 To § 121.16) — Waiver.

4 Aug 2016

The certification requirement with respect to an application for a license or permit shall be waived upon:

(a) Written notification from the State or interstate agency concerned that it expressly waives its authority to act on a request for certification; or

(b) Written notification from the licensing or permitting agency to the Regional Administrator of the failure of the State or interstate agency concerned to act on such request for certification within a reasonable period of time after receipt of such request, as determined by the licensing or permitting agency (which period shall generally be considered to be 6 months, but in any event shall not exceed 1 year).

In the event of a waiver hereunder, the Regional Administrator shall consider such waiver as a substitute for a certification, and as appropriate, shall conduct the review, provide the notices, and perform the other functions identified in §§ 121.13, 121.14, and 121.15. The notices required by § 121.13 shall be provided not later than 30 days after the date of receipt by the Regional Administrator of either notification referred to herein.

40 CFR 121.16