[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122.43]

[Page 202]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
                      Subpart C--Permit Conditions
 
Sec. 122.43  Establishing permit conditions (applicable to State programs, see Sec. 123.25).

    (a) In addition to conditions required in all permits (Secs. 122.41 
and 122.42), the Director shall establish conditions, as required on a 
case-by-case basis, to provide for and assure compliance with all 
applicable requirements of CWA and regulations. These shall include 
conditions under Secs. 122.46 (duration of permits), 122.47(a) 
(schedules of compliance), 122.48 (monitoring), and for EPA permits only 
122.47(b) (alternates schedule of compliance) and 122.49 (considerations 
under Federal law).
    (b)(1) For a State issued permit, an applicable requirement is a 
State statutory or regulatory requirement which takes effect prior to 
final administrative disposition of a permit. For a permit issued by 
EPA, an applicable requirement is a statutory or regulatory requirement 
(including any interim final regulation) which takes effect prior to the 
issuance of the permit. Section 124.14 (reopening of comment period) 
provides a means for reopening EPA permit proceedings at the discretion 
of the Director where new requirements become effective during the 
permitting process and are of sufficient magnitude to make additional 
proceedings desirable. For State and EPA administered programs, an 
applicable requirement is also any requirement which takes effect prior 
to the modification or revocation and reissuance of a permit, to the 
extent allowed in Sec. 122.62.
    (2) New or reissued permits, and to the extent allowed under 
Sec. 122.62 modified or revoked and reissued permits, shall incorporate 
each of the applicable requirements referenced in Secs. 122.44 and 
122.45.
    (c) Incorporation. All permit conditions shall be incorporated 
either expressly or by reference. If incorporated by reference, a 
specific citation to the applicable regulations or requirements must be 
given in the permit.

[48 FR 14153, Apr. 1, 1983, as amended at 65 FR 30908, May 15, 2000]

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