[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: 40CFR124.10]

[Page 279-282]
 
                   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. 124.10  Public notice of permit actions and public comment period.

    (a) Scope. (1) The Director shall give public notice that the 
following actions have occurred:
    (i) A permit application has been tentatively denied under 
Sec. 124.6(b);
    (ii) (Applicable to State programs, see Secs. 123.25 (NPDES), 145.11 
(UIC), 233.26 (404), and 271.14 (RCRA)). A draft permit has been 
prepared under Sec. 124.6(d);
    (iii) (Applicable to State programs, see Secs. 123.25 (NPDES), 
145.11 (UIC), 233.26 (404) and 271.14 (RCRA)). A hearing has been 
scheduled under Sec. 124.12;
    (iv) An appeal has been granted under Sec. 124.19(c);
    (v) (Applicable to State programs, see Sec. 233.26 (404)). A State 
section 404 application has been received in cases when no draft permit 
will be prepared (see Sec. 233.39); or
    (vi) An NPDES new source determination has been made under 
Sec. 122.29.
    (2) No public notice is required when a request for permit 
modification, revocation and reissuance, or termination is denied under 
Sec. 124.5(b). Written notice of that denial shall be given to the 
requester and to the permittee.
    (3) Public notices may describe more than one permit or permit 
actions.
    (b) Timing (applicable to State programs, see Secs. 123.25 (NPDES), 
145.11 (UIC), 233.26 (404, and 271.14 (RCRA)). (1) Public notice of the 
preparation of a draft permit (including a notice of intent to deny a 
permit application) required under paragraph (a) of this section shall 
allow at least 30 days for public comment. For RCRA permits only, public 
notice shall allow at least 45 days for public comment. For EPA-issued 
permits, if the Regional Administrator determines under 40 CFR part 6, 
subpart F that an Environmental Impact Statement (EIS) shall be prepared 
for an NPDES new source, public notice of the draft permit shall not be 
given until after a draft EIS is issued.
    (2) Public notice of a public hearing shall be given at least 30 
days before the hearing. (Public notice of the hearing may be given at 
the same time as

[[Page 280]]

public notice of the draft permit and the two notices may be combined.)
    (c) Methods (applicable to State programs, see Secs. 123.25 (NPDES), 
145.11 (UIC), 233.26 (404), and 271.14 (RCRA)). Public notice of 
activities described in paragraph (a)(1) of this section shall be given 
by the following methods:
    (1) By mailing a copy of a notice to the following persons (any 
person otherwise entitled to receive notice under this paragraph may 
waive his or her rights to receive notice for any classes and categories 
of permits);
    (i) The applicant (except for NPDES and 404 general permits when 
there is no applicant);
    (ii) Any other agency which the Director knows has issued or is 
required to issue a RCRA, UIC, PSD (or other permit under the Clean Air 
Act), NPDES, 404, sludge management permit, or ocean dumping permit 
under the Marine Research Protection and Sanctuaries Act for the same 
facility or activity (including EPA when the draft permit is prepared by 
the State);
    (iii) Federal and State agencies with jurisdiction over fish, 
shellfish, and wildlife resources and over coastal zone management 
plans, the Advisory Council on Historic Preservation, State Historic 
Preservation Officers, including any affected States (Indian Tribes). 
(For purposes of this paragraph, and in the context of the Underground 
Injection Control Program only, the term State includes Indian Tribes 
treated as States.)
    (iv) For NPDES and 404 permits only, any State agency responsible 
for plan development under CWA section 208(b)(2), 208(b)(4) or 303(e) 
and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service 
and the National Marine Fisheries Service;
    (v) For NPDES permits only, any user identified in the permit 
application of a privately owned treatment works;
    (vi) For 404 permits only, any reasonably ascertainable owner of 
property adjacent to the regulated facility or activity and the Regional 
Director of the Federal Aviation Administration if the discharge 
involves the construction of structures which may affect aircraft 
operations or for purposes associated with seaplane operations;
    (vii) For PSD permits only, affected State and local air pollution 
control agencies, the chief executives of the city and county where the 
major stationary source or major modification would be located, any 
comprehensive regional land use planning agency and any State, Federal 
Land Manager, or Indian Governing Body whose lands may be affected by 
emissions from the regulated activity;
    (viii) For Class I injection well UIC permits only, state and local 
oil and gas regulatory agencies and state agencies regulating mineral 
exploration and recovery;
    (ix) Persons on a mailing list developed by:
    (A) Including those who request in writing to be on the list;
    (B) Soliciting persons for ``area lists'' from participants in past 
permit proceedings in that area; and
    (C) Notifying the public of the opportunity to be put on the mailing 
list through periodic publication in the public press and in such 
publications as Regional and State funded newsletters, environmental 
bulletins, or State law journals. (The Director may update the mailing 
list from time to time by requesting written indication of continued 
interest from those listed. The Director may delete from the list the 
name of any person who fails to respond to such a request.)
    (x)(A) To any unit of local government having jurisdiction over the 
area where the facility is proposed to be located; and (B) to each State 
agency having any authority under State law with respect to the 
construction or operation of such facility.
    (2)(i) For major permits, NPDES and 404 general permits, and permits 
that include sewage sludge land application plans under 40 CFR 
501.15(a)(2)(ix), publication of a notice in a daily or weekly newspaper 
within the area affected by the facility or activity; and for EPA-issued 
NPDES general permits, in the Federal Register;

    Note: The Director is encouraged to provide as much notice as 
possible of the NPDES or Section 404 draft general permit to the 
facilities or activities to be covered by the general permit.

    (ii) For all RCRA permits, publication of a notice in a daily or 
weekly

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major local newspaper of general circulation and broadcast over local 
radio stations.
    (3) When the program is being administered by an approved State, in 
a manner constituting legal notice to the public under State law; and
    (4) Any other method reasonably calculated to give actual notice of 
the action in question to the persons potentially affected by it, 
including press releases or any other forum or medium to elicit public 
participation.
    (d) Contents (applicable to State programs, see Secs. 123.25 
(NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA))--(1) All public 
notices. All public notices issued under this part shall contain the 
following minimum information:
    (i) Name and address of the office processing the permit action for 
which notice is being given;
    (ii) Name and address of the permittee or permit applicant and, if 
different, of the facility or activity regulated by the permit, except 
in the case of NPDES and 404 draft general permits under Secs. 122.28 
and 233.37;
    (iii) A brief description of the business conducted at the facility 
or activity described in the permit application or the draft permit, for 
NPDES or 404 general permits when there is no application.
    (iv) Name, address and telephone number of a person from whom 
interested persons may obtain further information, including copies of 
the draft permit or draft general permit, as the case may be, statement 
of basis or fact sheet, and the application; and
    (v) A brief description of the comment procedures required by 
Secs. 124.11 and 124.12 and the time and place of any hearing that will 
be held, including a statement of procedures to request a hearing 
(unless a hearing has already been scheduled) and other procedures by 
which the public may participate in the final permit decision.
    (vi) For EPA-issued permits, the location of the administrative 
record required by Sec. 124.9, the times at which the record will be 
open for public inspection, and a statement that all data submitted by 
the applicant is available as part of the administrative record.
    (vii) For NPDES permits only (including those for ``sludge-only 
facilities''), a general description of the location of each existing or 
proposed discharge point and the name of the receiving water and the 
sludge use and disposal practice(s) and the location of each sludge 
treatment works treating domestic sewage and use or disposal sites known 
at the time of permit application. For EPA-issued NPDES permits only, if 
the discharge is from a new source, a statement as to whether an 
environmental impact statement will be or has been prepared.
    (viii) For 404 permits only,
    (A) The purpose of the proposed activity (including, in the case of 
fill material, activities intended to be conducted on the fill), a 
description of the type, composition, and quantity of materials to be 
discharged and means of conveyance; and any proposed conditions and 
limitations on the discharge;
    (B) The name and water quality standards classification, if 
applicable, of the receiving waters into which the discharge is 
proposed, and a general description of the site of each proposed 
discharge and the portions of the site and the discharges which are 
within State regulated waters;
    (C) A description of the anticipated environmental effects of 
activities conducted under the permit;
    (D) References to applicable statutory or regulatory authority; and
    (E) Any other available information which may assist the public in 
evaluating the likely impact of the proposed activity upon the integrity 
of the receiving water.
    (ix) Requirements applicable to cooling water intake structures at 
new facilities under section 316(b) of the CWA, in accordance with part 
125, subpart I, of this chapter.
    (x) Any additional information considered necessary or proper.
    (2) Public notices for hearings. In addition to the general public 
notice described in paragraph (d)(1) of this section, the public notice 
of a hearing under Sec. 124.12 shall contain the following information:
    (i) Reference to the date of previous public notices relating to the 
permit;
    (ii) Date, time, and place of the hearing;
    (iii) A brief description of the nature and purpose of the hearing, 
including

[[Page 282]]

the applicable rules and procedures; and
    (iv) For 404 permits only, a summary of major issues raised to date 
during the public comment period.
    (e) (Applicable to State programs, see Secs. 123.25 (NPDES), 145.11 
(UIC), 233.26 (404), and 271.14 (RCRA)). In addition to the general 
public notice described in paragraph (d)(1) of this section, all persons 
identified in paragraphs (c)(1) (i), (ii), (iii), and (iv) of this 
section shall be mailed a copy of the fact sheet or statement of basis 
(for EPA-issued permits), the permit application (if any) and the draft 
permit (if any).

[48 FR 14264, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 53 
FR 28147, July 26, 1988; 53 FR 37410, Sept. 26, 1988; 54 FR 258, Jan. 4, 
1989; 54 FR 18786, May 2, 1989; 65 FR 30911, May 15, 2000; 66 FR 65338, 
Dec. 18, 2001]