[Code of Federal Regulations] [Title 40, Volume 21] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR124.1] [Page 270-272] 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. 124.1 Purpose and scope. Subpart A_General Program Requirements Sec. 124.1 Purpose and scope. 124.2 Definitions. 124.3 Application for a permit. 124.4 Consolidation of permit processing. 124.5 Modification, revocation and reissuance, or termination of permits. 124.6 Draft permits. 124.7 Statement of basis. 124.8 Fact sheet. 124.9 Administrative record for draft permits when EPA is the permitting authority. 124.10 Public notice of permit actions and public comment period. 124.11 Public comments and requests for public hearings. 124.12 Public hearings. 124.13 Obligation to raise issues and provide information during the public comment period. 124.14 Reopening of the public comment period. 124.15 Issuance and effective date of permit. 124.16 Stays of contested permit conditions. 124.17 Response to comments. 124.18 Administrative record for final permit when EPA is the permitting authority. 124.19 Appeal of RCRA, UIC, NPDES, and PSD Permits. 124.20 Computation of time. 124.21 Effective date of part 124. Subpart B_Specific Procedures Applicable to RCRA Permits 124.31 Pre-application public meeting and notice. 124.32 Public notice requirements at the application stage. 124.33 Information repository. Subpart C_Specific Procedures Applicable to PSD Permits 124.41 Definitions applicable to PSD permits. [[Page 271]] 124.42 Additional procedures for PSD permits affecting Class I areas. Subpart D_Specific Procedures Applicable to NPDES Permits 124.51 Purpose and scope. 124.52 Permits required on a case-by-case basis. 124.53 State certification. 124.54 Special provisions for State certification and concurrence on applications for section 301(h) variances. 124.55 Effect of State certification. 124.56 Fact sheets. 124.57 Public notice. 124.58 [Reserved] 124.59 Conditions requested by the Corps of Engineers and other government agencies. 124.60 Issuance and effective date and stays of NPDES permits. 124.61 Final environmental impact statement. 124.62 Decision on variances. 124.63 Procedures for variances when EPA is the permitting authority. 124.64 Appeals of variances. 124.65 [Reserved] 124.66 Special procedures for decisions on thermal variances under section 316(a). Subparts E--F [Reserved] Subpart G_Procedures for RCRA Standardized Permit General Information About Standardized Permits 124.200 What is a RCRA standardized permit? 124.201 Who is eligible for a standardized permit? Applying for a Standardized Permit 124.202 How do I as a facility owner or operator apply for a standardized permit? 124.203 How may I switch from my individual RCRA permit to a standardized permit? Issuing a Standardized Permit 124.204 What must I do as the Director of the regulatory agency to prepare a draft standardized permit? 124.205 What must I do as the Director of the regulatory agency to prepare a final standardized permit? 124.206 In what situations may I require a facility owner or operator to apply for an individual permit? Opportunities for Public Involvement in the Standardized Permit Process 124.207 What are the requirements for public notices? 124.208 What are the opportunities for public comments and hearings on draft permit decisions? 124.209 What are the requirements for responding to comments? 124.210 May I, as an interested party in the permit process, appeal a final standardized permit? Maintaining a Standardized Permit 124.211 What types of changes may I make to my standardized permit? 124.212 What procedures must I follow to make routine changes? 124.213 What procedures must I follow to make routine changes with prior approval? 124.214 What procedures must I follow to make significant changes? Authority: Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Clean Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et seq. Source: 48 FR 14264, Apr. 1, 1983, unless otherwise noted. (a) This part contains EPA procedures for issuing, modifying, revoking and reissuing, or terminating all RCRA, UIC, PSD and NPDES ``permits'' (including ``sludge-only'' permits issued pursuant to Sec. 122.1(b)(2) of this chapter. The latter kinds of permits are governed by part 270. RCRA interim status and UIC authorization by rule are not ``permits'' and are covered by specific provisions in parts 144, subpart C, and 270. This part also does not apply to permits issued, modified, revoked and reissued or terminated by the Corps of Engineers. Those procedures are specified in 33 CFR parts 320-327. The procedures of this part also apply to denial of a permit for the active life of a RCRA hazardous waste management facility or unit under Sec. 270.29. (b) Part 124 is organized into five subparts. Subpart A contains general procedural requirements applicable to all permit programs covered by these provisions. Subparts B through D and Subpart G supplement these general provisions with requirements that apply to [[Page 272]] only one or more of the programs. Subpart A describes the steps EPA will follow in receiving permit applications, preparing draft permits, issuing public notice, inviting public comment and holding public hearings on draft permits. Subpart A also covers assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decisions. Subpart B contains public participation requirements applicable to all RCRA hazardous waste management facilities. Subpart C contains definitions and specific procedural requirements for PSD permits. Subpart D contains specific procedural requirements for NPDES permits. Subpart G contains specific procedural requirements for RCRA standardized permits, which, in some instances, change how the General Program Requirements of subpart A apply in the context of the RCRA standardized permit. (c) Part 124 offers an opportunity for public hearings (see Sec. 124.12). (d) This part is designed to allow permits for a given facility under two or more of the listed programs to be processed separately or together at the choice of the Regional Administrator. This allows EPA to combine the processing of permits only when appropriate, and not necessarily in all cases. The Regional Administrator may consolidate permit processing when the permit applications are submitted, when draft permits are prepared, or when final permit decisions are issued. This part also allows consolidated permits to be subject to a single public hearing under Sec. 124.12. Permit applicants may recommend whether or not their applications should be consolidated in any given case. (e) Certain procedural requirements set forth in part 124 must be adopted by States in order to gain EPA approval to operate RCRA, UIC, NPDES, and 404 permit programs. These requirements are listed in Sec. Sec. 123.25 (NPDES), 145.11 (UIC), 233,26 (404), and 271.14 (RCRA) and signaled by the following words at the end of the appropriate part 124 section or paragraph heading: (applicable to State programs see Sec. Sec. 123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA)). Part 124 does not apply to PSD permits issued by an approved State. (f) To coordinate decisionmaking when different permits will be issued by EPA and approved State programs, this part allows applications to be jointly processed, joint comment periods and hearings to be held, and final permits to be issued on a cooperative basis whenever EPA and a State agree to take such steps in general or in individual cases. These joint processing agreements may be provided in the Memorandum of Agreement developed under Sec. Sec. 123.24 (NPDES), 145.24 (UIC), 233.24 (404), and 271.8 (RCRA). [48 FR 14264, Apr. 1, 1983, as amended at 54 FR 9607, Mar. 7, 1989; 54 FR 18785, May 2, 1989; 65 FR 30910, May 15, 2000; 70 FR 53448, Sept. 8, 2005]