[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: 40CFR124.18]

[Page 285]
 
                   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. 124.18  Administrative record for final permit when EPA is the 
permitting authority.

    (a) The Regional Administrator shall base final permit decisions 
under Sec. 124.15 on the administrative record defined in this section.
    (b) The administrative record for any final permit shall consist of 
the administrative record for the draft permit and:
    (1) All comments received during the public comment period provided 
under Sec. 124.10 (including any extension or reopening under 
Sec. 124.14);
    (2) The tape or transcript of any hearing(s) held under Sec. 124.12;
    (3) Any written materials submitted at such a hearing;
    (4) The response to comments required by Sec. 124.17 and any new 
material placed in the record under that section;
    (5) For NPDES new source permits only, final environmental impact 
statement and any supplement to the final EIS;
    (6) Other documents contained in the supporting file for the permit; 
and
    (7) The final permit.
    (c) The additional documents required under paragraph (b) of this 
section should be added to the record as soon as possible after their 
receipt or publication by the Agency. The record shall be complete on 
the date the final permit is issued.
    (d) This section applies to all final RCRA, UIC, PSD, and NPDES 
permits when the draft permit was subject to the administrative record 
requirements of Sec. 124.9 and to all NPDES permits when the draft 
permit was included in a public notice after October 12, 1979.
    (e) Material readily available at the issuing Regional Office, or 
published materials which are generally available and which are included 
in the administrative record under the standards of this section or of 
Sec. 124.17 (``Response to comments''), need not be physically included 
in the same file as the rest of the record as long as it is specifically 
referred to in the statement of basis or fact sheet or in the response 
to comments.