[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.60]

[Page 292-293]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124_PROCEDURES FOR DECISIONMAKING--Table of Contents
 
        Subpart D_Specific Procedures Applicable to NPDES Permits
 
Sec. 124.60  Issuance and effective date and stays of NPDES permits.

    In addition to the requirements of Sec. Sec. 124.15, 124.16, and 
124.19, the following provisions apply to NPDES permits:
    (a) Notwithstanding the provisions of Sec. 124.16(a)(1), if, for 
any offshore or coastal mobile exploratory drilling rig or coastal 
mobile developmental drilling rig which has never received a final 
effective permit to discharge at a ``site,'' but which is not a ``new 
discharger'' or a ``new source,'' the Regional Administrator finds that 
compliance with certain permit conditions may be necessary to avoid 
irreparable environmental harm during the administrative review, he or 
she may specify in the statement of basis or fact sheet that those 
conditions, even if contested, shall remain enforceable obligations of 
the discharger during administrative review.
    (b)(1) As provided in Sec. 124.16(a), if an appeal of an initial 
permit decision is filed under Sec. 124.19, the force and effect of the 
contested conditions of the final permit shall be stayed until final 
agency action under Sec. 124.19(f). The Regional Administrator shall 
notify, in accordance with Sec. 124.16(a)(2)(ii), the discharger and 
all interested parties of the uncontested conditions of the final permit 
that are enforceable obligations of the discharger.
    (2) When effluent limitations are contested, but the underlying 
control technology is not, the notice shall identify the installation of 
the technology in accordance with the permit compliance schedules (if 
uncontested) as an uncontested, enforceable obligation of the permit.
    (3) When a combination of technologies is contested, but a portion 
of the combination is not contested, that portion shall be identified as 
uncontested if compatible with the combination of technologies proposed 
by the requester.
    (4) Uncontested conditions, if inseverable from a contested 
condition, shall be considered contested.
    (5) Uncontested conditions shall become enforceable 30 days after 
the date of notice under paragraph (b)(1) of this section.
    (6) Uncontested conditions shall include:
    (i) Preliminary design and engineering studies or other requirements 
necessary to achieve the final permit conditions which do not entail 
substantial expenditures;
    (ii) Permit conditions which will have to be met regardless of the 
outcome of the appeal under Sec. 124.19;
    (iii) When the discharger proposed a less stringent level of 
treatment than that contained in the final permit, any permit conditions 
appropriate to meet the levels proposed by the discharger, if the 
measures required to attain that less stringent level of treatment are 
consistent with the measures required to attain the limits proposed by 
any other party; and

[[Page 293]]

    (iv) Construction activities, such as segregation of waste streams 
or installation of equipment, which would partially meet the final 
permit conditions and could also be used to achieve the discharger's 
proposed alternative conditions.
    (c) In addition to the requirements of Sec. 124.16(c)(2), when an 
appeal is filed under Sec. 124.19 on an application for a renewal of an 
existing permit and upon written request from the applicant, the 
Regional Administrator may delete requirements from the existing permit 
which unnecessarily duplicate uncontested provisions of the new permit.

[65 FR 30912, May 15, 2000]