[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: 40CFR124.204]

[Page 300-301]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124_PROCEDURES FOR DECISIONMAKING--Table of Contents
 
            Subpart G_Procedures for RCRA Standardized Permit
 
Sec.  124.204  What must I do as the Director of the regulatory agency to prepare a draft standardized permit?

    (a) You must review the Notice of Intent and supporting information 
submitted by the facility owner or operator.
    (b) You must determine whether the facility is or is not eligible to 
operate under the standardized permit.
    (1) If the facility is eligible for the standardized permit, you 
must propose terms and conditions, if any, to include in a supplemental 
portion. If you determine that these terms and conditions are necessary 
to protect human health and the environment and cannot be imposed, you 
must tentatively deny coverage under the standardized permit.
    (2) If the facility is not eligible for the standardized permit, you 
must tentatively deny coverage under the standardized permit. Cause for 
ineligibility may include, but is not limited to, the following:
    (i) Failure of owner or operator to submit all the information 
required under Sec.  270.275.
    (ii) Information submitted that is required under Sec.  270.275 is 
determined to be inadequate.
    (iii) Facility does not meet the eligibility requirements 
(activities are outside the scope of the standardized permit).
    (iv) Demonstrated history of significant non-compliance with 
applicable requirements.
    (v) Permit conditions cannot ensure protection of human health and 
the environment.
    (c) You must prepare your draft permit decision within 120 days 
after receiving the Notice of Intent and supporting documents from a 
facility owner or operator. Your tentative determination under this 
section to deny or grant coverage under the standardized permit, 
including any proposed site-specific conditions in a supplemental 
portion, constitutes a draft permit decision. You are allowed a one time 
extension of 30 days to prepare the draft permit decision. When the use 
of the 30-day extension is anticipated, you should inform the permit 
applicant during the initial 120-day review period. Reasons for an 
extension may include, but is not limited to, needing to complete review 
of submissions with the Notice of Intent (e.g., closure plans, waste 
analysis plans, for facilities seeking to manage hazardous waste 
generated off-site).
    (d) Many requirements in subpart A of this part apply to processing 
the standardized permit application and preparing your draft permit 
decision. For example, your draft permit decision must be accompanied by 
a statement of basis or fact sheet and must be based on the 
administrative record. In preparing your draft permit decision, the 
following provisions of subpart A of this part apply (subject to the 
following modifications):
    (1) Section 124.1 Purpose and Scope. All paragraphs.
    (2) Section 124.2 Definitions. All paragraphs.
    (3) Section 124.3 Application for a permit. All paragraphs, except 
paragraphs (c), (d), (f), and (g) of this section apply.
    (4) Section 124.4 Consolidation of permit processing. All paragraphs 
apply; however, in the context of the RCRA standardized permit, the 
reference to the public comment period is Sec.  124.208 instead of Sec.  
124.10.
    (5) Section 124.5 Modification, revocation and re-issuance, or 
termination of permits. Not applicable.
    (6) Section 124.6 Draft permits. This section does not apply to the 
RCRA standardized permit; procedures in this subpart apply instead.

[[Page 301]]

    (7) Section 124.7 Statement of basis. The entire section applies.
    (8) Section 124.8 Fact sheet. All paragraphs apply; however, in the 
context of the RCRA standardized permit, the reference to the public 
comment period is Sec.  124.208 instead of Sec.  124.10.
    (9) Section 124.9 Administrative record for draft permits when EPA 
is the permitting authority. All paragraphs apply; however, in the 
context of the RCRA standardized permit, the reference to draft permits 
is Sec.  24.204(c) instead of Sec.  124.6.
    (10) Section 124.10 Public notice of permit actions and public 
comment period. Only Sec. Sec.  124.10(c)(1)(ix) and (c)(1)(x)(A) apply 
to the RCRA standardized permit. Most of Sec.  124.10 does not apply to 
the RCRA standardized permit; Sec. Sec.  124.207, 124.208, and 124.209 
apply instead.