[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: 40CFR124.14]

[Page 283]
 
                   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. 124.14  Reopening of the public comment period.

    (a)(1) The Regional Administrator may order the public comment 
period reopened if the procedures of this paragraph could expedite the 
decisionmaking process. When the public comment period is reopened under 
this paragraph, all persons, including applicants, who believe any 
condition of a draft permit is inappropriate or that the Regional 
Administrator's tentative decision to deny an application, terminate a 
permit, or prepare a draft permit is inappropriate, must submit all 
reasonably available factual grounds supporting their position, 
including all supporting material, by a date, not less than sixty days 
after public notice under paragraph (a)(2) of this section, set by the 
Regional Administrator. Thereafter, any person may file a written 
response to the material filed by any other person, by a date, not less 
than twenty days after the date set for filing of the material, set by 
the Regional Administrator.
    (2) Public notice of any comment period under this paragraph shall 
identify the issues to which the requirements of Sec. 124.14(a) shall 
apply.
    (3) On his own motion or on the request of any person, the Regional 
Administrator may direct that the requirements of paragraph (a)(1) of 
this section shall apply during the initial comment period where it 
reasonably appears that issuance of the permit will be contested and 
that applying the requirements of paragraph (a)(1) of this section will 
substantially expedite the decisionmaking process. The notice of the 
draft permit shall state whenever this has been done.
    (4) A comment period of longer than 60 days will often be necessary 
in complicated proceedings to give commenters a reasonable opportunity 
to comply with the requirements of this section. Commenters may request 
longer comment periods and they shall be granted under Sec. 124.10 to 
the extent they appear necessary.
    (b) If any data information or arguments submitted during the public 
comment period, including information or arguments required under 
Sec. 124.13, appear to raise substantial new questions concerning a 
permit, the Regional Administrator may take one or more of the following 
actions:
    (1) Prepare a new draft permit, appropriately modified, under 
Sec. 124.6;
    (2) Prepare a revised statement of basis under Sec. 124.7, a fact 
sheet or revised fact sheet under Sec. 124.8 and reopen the comment 
period under Sec. 124.14; or
    (3) Reopen or extend the comment period under Sec. 124.10 to give 
interested persons an opportunity to comment on the information or 
arguments submitted.
    (c) Comments filed during the reopened comment period shall be 
limited to the substantial new questions that caused its reopening. The 
public notice under Sec. 124.10 shall define the scope of the reopening.
    (d) [Reserved]
    (e) Public notice of any of the above actions shall be issued under 
Sec. 124.10.

[48 FR 14264, Apr. 1, 1983, as amended at 49 FR 38051, Sept. 26, 1984; 
65 FR 30911, May 15, 2000]