EPA is amending the regulations concerning the minimum requirements for federally authorized State permitting programs under Section 402 of the Clean Water Act. This amendment will explicitly require that all States that administer or seek to administer a program under this part must provide an opportunity for judicial review in State Court of final permit decisions (including permit approvals and denials) that is sufficient to provide for, encourage, and assist public participation in the permitting process. A State will meet this standard where State law allows an opportunity for judicial review that is equivalent to that available to obtain judicial review in federal court of federally-issued NPDES permits. A State will not meet this standard if it narrowly restricts the class of persons who may challenge the approval or denial of State-issued permits. This rule is being issued because EPA has become aware of instances in which citizens are barred from challenging State-issued permits because of restrictive standing requirements in State law. The current regulations setting minimum requirements for State 402 permit programs do not explicitly address this problem. EPA believes this is a gap in the regulations setting minimum requirements for State 402 programs that needs to be addressed. Today's rule is intended to ensure effective and meaningful public participation in the permit issuance process by establishing a minimum level of public participation among State water pollution control programs. When citizens have the opportunity to challenge executive agency decisions in court, their ability to influence permitting decisions through other required elements of public participation, such as public comments and public hearings on proposed permits, is enhanced. This rule will promote effective and meaningful public participation and will minimize the possibility of unfair and inconsistent treatment of similarly situated people potentially affected by State permit d