[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.1]

[Page 271-272]
 
                   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. 124.1  Purpose and scope.


    (a) This part contains EPA procedures for issuing, modifying, 
revoking and reissuing, or terminating all RCRA, UIC, PSD and NPDES 
``permits'' (including ``sludge-only'' permits issued pursuant to 
Sec. 122.1(b)(2) of this chapter. The latter kinds of permits are 
governed by part 270. RCRA interim status and UIC authorization by rule 
are not ``permits'' and are covered by specific provisions in parts 144, 
subpart C, and 270. This part also does not apply to permits issued, 
modified, revoked and reissued or terminated by the Corps of Engineers. 
Those procedures are specified in 33 CFR parts 320-327. The procedures 
of this part also apply to denial of a permit for the active life of a 
RCRA hazardous waste management facility or unit under Sec. 270.29.
    (b) Part 124 is organized into four subparts. Subpart A contains 
general procedural requirements applicable to all permit programs 
covered by these provisions. Subparts B through D supplement these 
general provisions with requirements that apply to only one or more of 
the programs. Subpart A describes the steps EPA will follow in receiving 
permit applications, preparing draft permits, issuing public notices, 
inviting public comment and holding public hearings on draft permits. 
Subpart A also covers assembling an administrative record, responding to 
comments, issuing a final permit decision, and allowing for 
administrative appeal of final permit decisions. Subpart B contains 
specific procedural requirements for RCRA permits. Subpart C contains 
definitions and specific procedural requirements for PSD permits. 
Subpart D contains specific procedural requirements for NPDES permits.
    (c) Part 124 offers an opportunity for public hearings (see 
Sec. 124.12).
    (d) This part is designed to allow permits for a given facility 
under two or more of the listed programs to be processed separately or 
together at the choice of the Regional Administrator. This allows EPA to 
combine the processing of permits only when appropriate, and not 
necessarily in all cases. The Regional Administrator may consolidate 
permit processing when the permit applications are submitted, when draft 
permits are prepared, or when final permit decisions are issued. This 
part also allows consolidated permits to be subject to a single public 
hearing under Sec. 124.12. Permit applicants may recommend whether or 
not their applications should be consolidated in any given case.
    (e) Certain procedural requirements set forth in part 124 must be 
adopted by States in order to gain EPA approval to operate RCRA, UIC, 
NPDES, and 404 permit programs. These requirements are listed in 
Secs. 123.25 (NPDES), 145.11 (UIC), 233,26 (404), and 271.14 (RCRA) and 
signaled by the following words at the end of the appropriate part 124 
section or paragraph heading: (applicable to State programs see 
Secs. 123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14

[[Page 272]]

(RCRA)). Part 124 does not apply to PSD permits issued by an approved 
State.
    (f) To coordinate decisionmaking when different permits will be 
issued by EPA and approved State programs, this part allows applications 
to be jointly processed, joint comment periods and hearings to be held, 
and final permits to be issued on a cooperative basis whenever EPA and a 
State agree to take such steps in general or in individual cases. These 
joint processing agreements may be provided in the Memorandum of 
Agreement developed under Secs. 123.24 (NPDES), 145.24 (UIC), 233.24 
(404), and 271.8 (RCRA).

[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 9607, Mar. 7, 1989; 54 
FR 18785, May 2, 1989; 65 FR 30910, May 15, 2000]