[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: 40CFR122.49]



[Page 227-228]

 

                   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.  122.49  Considerations under Federal law.



    The following is a list of Federal laws that may apply to the 

issuance of permits under these rules. When any of these laws is 

applicable, its procedures must be followed. When the applicable law 

requires consideration or adoption of particular permit conditions or 

requires the denial of a permit, those requirements also must be 

followed.

    (a) The Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq. section 7 

of the Act prohibits the Regional Administrator from assisting by 

license or otherwise the construction of any water resources project 

that would have a direct, adverse effect on the values for which a 

national wild and scenic river was established.

    (b) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et 

seq. section 106 of the Act and implementing regulations (36 CFR part 

800) require the Regional Administrator, before issuing a license, to 

adopt measures when feasible to mitigate potential adverse effects of 

the licensed activity and properties listed or eligible for listing in 

the National Register of Historic Places. The Act's requirements are to 

be implemented in cooperation with State Historic Preservation Officers



[[Page 228]]



and upon notice to, and when appropriate, in consultation with the 

Advisory Council on Historic Preservation.

    (c) The Endangered Species Act, 16 U.S.C. 1531 et seq. section 7 of 

the Act and implementing regulations (50 CFR part 402) require the 

Regional Administrator to ensure, in consultation with the Secretary of 

the Interior or Commerce, that any action authorized by EPA is not 

likely to jeopardize the continued existence of any endangered or 

threatened species or adversely affect its critical habitat.

    (d) The Coastal Zone Management Act, 16 U.S.C. 1451 et seq. section 

307(c) of the Act and implementing regulations (15 CFR part 930) 

prohibit EPA from issuing a permit for an activity affecting land or 

water use in the coastal zone until the applicant certifies that the 

proposed activity complies with the State Coastal Zone Management 

program, and the State or its designated agency concurs with the 

certification (or the Secretary of Commerce overrides the State's 

nonconcurrence).

    (e) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., 

requires that the Regional Administrator, before issuing a permit 

proposing or authorizing the impoundment (with certain exemptions), 

diversion, or other control or modification of any body of water, 

consult with the appropriate State agency exercising jurisdiction over 

wildlife resources to conserve those resources.

    (f) Executive orders. [Reserved]

    (g) The National Environmental Policy Act, 42 U.S.C. 4321 et seq., 

may require preparation of an Environmental Impact Statement and 

consideration of EIS-related permit conditions (other than effluent 

limitations) as provided in Sec.  122.29(c).



(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 

U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 

Conservation and Recovery Act (42 U.S.C. 6901 et seq.))



[48 FR 14153, Apr. 1, 1983, as amended at 48 FR 39620, Sept. 1, 1983; 49 

FR 38050, Sept. 26, 1984]