[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.43]



[Page 216]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

                       Subpart C_Permit Conditions

 

Sec.  122.43  Establishing permit conditions (applicable to State 

programs, see Sec.  123.25).



    (a) In addition to conditions required in all permits (Sec. Sec.  

122.41 and 122.42), the Director shall establish conditions, as required 

on a case-by-case basis, to provide for and assure compliance with all 

applicable requirements of CWA and regulations. These shall include 

conditions under Sec. Sec.  122.46 (duration of permits), 122.47(a) 

(schedules of compliance), 122.48 (monitoring), and for EPA permits only 

122.47(b) (alternates schedule of compliance) and 122.49 (considerations 

under Federal law).

    (b)(1) For a State issued permit, an applicable requirement is a 

State statutory or regulatory requirement which takes effect prior to 

final administrative disposition of a permit. For a permit issued by 

EPA, an applicable requirement is a statutory or regulatory requirement 

(including any interim final regulation) which takes effect prior to the 

issuance of the permit. Section 124.14 (reopening of comment period) 

provides a means for reopening EPA permit proceedings at the discretion 

of the Director where new requirements become effective during the 

permitting process and are of sufficient magnitude to make additional 

proceedings desirable. For State and EPA administered programs, an 

applicable requirement is also any requirement which takes effect prior 

to the modification or revocation and reissuance of a permit, to the 

extent allowed in Sec.  122.62.

    (2) New or reissued permits, and to the extent allowed under Sec.  

122.62 modified or revoked and reissued permits, shall incorporate each 

of the applicable requirements referenced in Sec. Sec.  122.44 and 

122.45.

    (c) Incorporation. All permit conditions shall be incorporated 

either expressly or by reference. If incorporated by reference, a 

specific citation to the applicable regulations or requirements must be 

given in the permit.



[48 FR 14153, Apr. 1, 1983, as amended at 65 FR 30908, May 15, 2000]