[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: 40CFR124.17]

[Page 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.  124.17  Response to comments.

    (a) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES), 
145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) At the time that any 
final permit decision is issued under Sec.  124.15, the Director shall 
issue a response to comments. States are only required to issue a 
response to comments when a final permit is issued. This response shall:
    (1) Specify which provisions, if any, of the draft permit have been 
changed in the final permit decision, and the reasons for the change; 
and
    (2) Briefly describe and respond to all significant comments on the 
draft permit or the permit application (for section 404 permits only) 
raised during the public comment period, or during any hearing.
    (b) For EPA-issued permits, any documents cited in the response to 
comments shall be included in the administrative record for the final 
permit decision as defined in Sec.  124.18. If new points are raised or 
new material supplied during the public comment period, EPA may document 
its response to those matters by adding new materials to the 
administrative record.
    (c) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES), 
145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) The response to comments 
shall be available to the public.