[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: 40CFR124.21]

[Page 287]
 
                   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. 124.21  Effective date of part 124.

    (a) Part 124 of this chapter became effective for all permits except 
for RCRA permits on July 18, 1980. Part 124 of this chapter became 
effective for RCRA permits on November 19, 1980.
    (b) EPA eliminated the previous requirement for NPDES permits to 
undergo an evidentiary hearing after permit issuance, and modified the 
procedures for termination of NPDES and RCRA permits, on June 14, 2000.
    (c)(1) For any NPDES permit decision for which a request for 
evidentiary hearing was granted on or prior to June 13, 2000, the 
hearing and any subsequent proceedings (including any appeal to the 
Environmental Appeals Board) shall proceed pursuant to the procedures of 
this part as in effect on June 13, 2000.
    (2) For any NPDES permit decision for which a request for 
evidentiary hearing was denied on or prior to June 13, 2000, but for 
which the Board has not yet completed proceedings under Sec. 124.91, the 
appeal, and any hearing or other proceedings on remand if the Board so 
orders, shall proceed pursuant to the procedures of this part as in 
effect on June 13, 2000.
    (3) For any NPDES permit decision for which a request for 
evidentiary hearing was filed on or prior to June 13, 2000 but was 
neither granted nor denied prior to that date, the Regional 
Administrator shall, no later than July 14, 2000, notify the requester 
that the request for evidentiary hearing is being returned without 
prejudice. Notwithstanding the time limit in Sec. 124.19(a), the 
requester may file an appeal with the Board, in accordance with the 
other requirements of Sec. 124.19(a), no later than August 13, 2000.
    (4) A party to a proceeding otherwise subject to paragraph (c) (1) 
or (2) of this section may, no later than June 14, 2000, request that 
the evidentiary hearing process be suspended. The Regional Administrator 
shall inquire of all other parties whether they desire the evidentiary 
hearing to continue. If no party desires the hearing to continue, the 
Regional Administrator shall return the request for evidentiary hearing 
in the manner specified in paragraph (c)(3) of this section.
    (d) For any proceeding to terminate an NPDES or RCRA permit 
commenced on or prior to June 13, 2000, the Regional Administrator shall 
follow the procedures of Sec. 124.5(d) as in effect on June 13, 2000, 
and any formal hearing shall follow the procedures of subpart E of this 
part as in effect on the same date.

[65 FR 30911, May 15, 2000]