[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: 40CFR124.16]

[Page 284-285]
 
                   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.  124.16  Stays of contested permit conditions.

    (a) Stays. (1) If a request for review of a RCRA, UIC, or NPDES 
permit under Sec.  124.19 of this part is filed, the effect of the 
contested permit conditions shall be stayed and shall not be subject to 
judicial review pending final agency action. Uncontested permit 
conditions shall be stayed only until the date specified in paragraph 
(a)(2)(i) of this section. (No stay of a PSD permit is available under 
this section.) If the permit involves a new facility or new injection 
well, new source, new discharger or a recommencing discharger, the 
applicant shall be without a permit for the proposed new facility, 
injection well, source or discharger pending final agency action. See 
also Sec.  124.60.

[[Page 285]]

    (2)(i) Uncontested conditions which are not severable from those 
contested shall be stayed together with the contested conditions. The 
Regional Administrator shall identify the stayed provisions of permits 
for existing facilities, injection wells, and sources. All other 
provisions of the permit for the existing facility, injection well, or 
source become fully effective and enforceable 30 days after the date of 
the notification required in paragraph (a)(2)(ii) of this section.
    (ii) The Regional Administrator shall, as soon as possible after 
receiving notification from the EAB of the filing of a petition for 
review, notify the EAB, the applicant, and all other interested parties 
of the uncontested (and severable) conditions of the final permit that 
will become fully effective enforceable obligations of the permit as of 
the date specified in paragraph (a)(2)(i) of this section . For NPDES 
permits only, the notice shall comply with the requirements of Sec.  
124.60(b).
    (b) Stays based on cross effects. (1) A stay may be granted based on 
the grounds that an appeal to the Administrator under Sec.  124.19 of 
one permit may result in changes to another EPA-issued permit only when 
each of the permits involved has been appealed to the Administrator and 
he or she has accepted each appeal.
    (2) No stay of an EPA-issued RCRA, UIC, or NPDES permit shall be 
granted based on the staying of any State-issued permit except at the 
discretion of the Regional Administrator and only upon written request 
from the State Director.
    (c) Any facility or activity holding an existing permit must:
    (1) Comply with the conditions of that permit during any 
modification or revocation and reissuance proceeding under Sec.  124.5; 
and
    (2) To the extent conditions of any new permit are stayed under this 
section, comply with the conditions of the existing permit which 
correspond to the stayed conditions, unless compliance with the existing 
conditions would be technologically incompatible with compliance with 
other conditions of the new permit which have not been stayed.

[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30911, May 15, 2000]