[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: 40CFR124.7]

[Page 263-264]
 
                   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. 124.7  Statement of basis.

    EPA shall prepare a statement of basis for every draft permit for 
which a fact sheet under Sec. 124.8 is not prepared. The statement of 
basis shall briefly describe the derivation of the conditions of the 
draft permit and the reasons for them or, in the case of notices of 
intent to deny or terminate, reasons supporting the tentative decision. 
The statement of basis shall be sent to the applicant and, on request, 
to any other person.

    Effective Date Note: At 65 FR 43661, July 13, 2000, Sec. 124.7 was 
revised, effective 30 days

[[Page 264]]

after the date that Congress allows EPA to implement this regulation. At 
66 FR 53048, Oct. 18, 2001 this amendment was made effective April 30, 
2003. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 124.7  Statement of basis.

    (a) EPA shall prepare a statement of basis for every draft permit 
for which a fact sheet under Sec. 124.8 is not prepared. The statement 
of basis shall briefly describe the derivation of the conditions of the 
draft permit and the reasons for them or, in the case of notices of 
intent to deny or terminate, reasons supporting the tentative decision. 
In particular, the statement of basis shall include:
    (1) In cases where a TMDL has not been established for an impaired 
waterbody, an explanation of how permit limits and/or conditions were 
derived for all pollutants in the discharger's effluent for which the 
waterbody is impaired; and
    (2) In cases where a TMDL has been established for an impaired 
waterbody, any TMDL that has been established for a pollutant contained 
in the discharger's effluent; the applicable wasteload allocation 
derived for the pollutant in the TMDL for that discharger; and an 
explanation of how permit limits for the pollutant of concern were 
derived as well as how those limits are consistent with the applicable 
wasteload allocation.
    (b) The statement of basis shall be sent to the applicant and, on 
request, to any other person.