[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: 40CFR124.17]

[Page 270-271]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
                 Subpart A--General Program Requirements
 
Sec. 124.17  Response to comments.

    (a) (Applicable to State programs, see Secs. 123.25 (NPDES), 145.11 
(UIC), 233.26

[[Page 271]]

(404), and 271.14 (RCRA).) At the time that any final permit decision is 
issued under Sec. 124.15, the Director shall issue a response to 
comments. States are only required to issue a response to comments when 
a final permit is issued. This response shall:
    (1) Specify which provisions, if any, of the draft permit have been 
changed in the final permit decision, and the reasons for the change; 
and
    (2) Briefly describe and respond to all significant comments on the 
draft permit or the permit application (for section 404 permits only) 
raised during the public comment period, or during any hearing.
    (b) For EPA-issued permits, any documents cited in the response to 
comments shall be included in the administrative record for the final 
permit decision as defined in Sec. 124.18. If new points are raised or 
new material supplied during the public comment period, EPA may document 
its response to those matters by adding new materials to the 
administrative record.
    (c) (Applicable to State programs, see Secs. 123.25 (NPDES), 145.11 
(UIC), 233.26 (404), and 271.14 (RCRA).) The response to comments shall 
be available to the public.