[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: 40CFR124.9]

[Page 276-277]
 
                   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. 124.9  Administrative record for draft permits when EPA is the 
permitting authority.

    (a) The provisions of a draft permit prepared by EPA under Sec. 
124.6 shall be based on the administrative record defined in this 
section.
    (b) For preparing a draft permit under Sec. 124.6, the record shall 
consist of:
    (1) The application, if required, and any supporting data furnished 
by the applicant;
    (2) The draft permit or notice of intent to deny the application or 
to terminate the permit;
    (3) The statement of basis (Sec. 124.7) or fact sheet (Sec. 
124.8);
    (4) All documents cited in the statement of basis or fact sheet; and
    (5) Other documents contained in the supporting file for the draft 
permit.
    (6) For NPDES new source draft permits only, any environmental 
assessment, environmental impact statement (EIS), finding of no 
significant impact, or environmental information document and any 
supplement to an EIS that may have been prepared. NPDES permits other 
than permits to new sources as well as all RCRA, UIC and PSD permits are 
not subject to the environmental impact statement provisions of section 
102(2)(C) of the National Environmental Policy Act, 42 U.S.C. 4321.
    (c) Material readily available at the issuing Regional Office or 
published material that is generally available, and that is included in 
the administrative record under paragraphs (b) and (c) of this section, 
need not be physically included with the rest of the record as long as 
it is specifically referred to in the statement of basis or the fact 
sheet.

[[Page 277]]

    (d) This section applies to all draft permits when public notice was 
given after the effective date of these regulations.