[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: 40CFR124.3]

[Page 275-276]
 
                   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.  124.3  Application for a permit.

    (a) Applicable to State programs, see Sec. Sec.  123.25 (NPDES), 
145.11 (UIC), 233.26 (404), and 271.14 (RCRA). (1) Any person who 
requires a permit under the RCRA, UIC, NPDES, or PSD programs shall 
complete, sign, and submit to the Director an application for each 
permit required under Sec. Sec.  270.1 (RCRA), 144.1 (UIC), 40 CFR 52.21 
(PSD), and 122.1 (NPDES). Applications are not required for RCRA permits 
by rule (Sec.  270.60), underground injections authorized by rules 
(Sec. Sec.  144.21 through 144.26), NPDES general permits (Sec.  122.28) 
and 404 general permits (Sec.  233.37).
    (2) The Director shall not begin the processing of a permit until 
the applicant has fully complied with the application requirements for 
that permit. See Sec. Sec.  270.10, 270.13 (RCRA), 144.31 (UIC), 40 CFR 
52.21 (PSD), and 122.21 (NPDES).
    (3) Permit applications (except for PSD permits) must comply with 
the signature and certification requirements of Sec. Sec.  122.22 
(NPDES), 144.32 (UIC), 233.6 (404), and 270.11 (RCRA).
    (b) [Reserved]
    (c) The Regional Administrator shall review for completeness every 
application for an EPA-issued permit. Each application for an EPA-issued 
permit submitted by a new HWM facility, a new UIC injection well, a 
major PSD stationary source or major PSD modification, or an NPDES new 
source or NPDES new discharger should be reviewed for completeness by 
the Regional Administrator within 30 days of its receipt. Each 
application for an EPA-issued permit submitted by an existing HWM 
facility (both Parts A and B of the application), existing injection 
well or existing NPDES source or sludge-only facility should be reviewed 
for completeness within 60 days of receipt. Upon completing the review, 
the Regional Administrator shall notify the applicant in writing whether 
the application is complete. If the application is incomplete, the 
Regional Administrator shall list the information necessary to make the 
application complete. When the application is for an existing HWM 
facility, an existing UIC injection well or an existing NPDES source or 
``sludge-only facility'' the Regional Administrator shall specify in the 
notice of deficiency a date for submitting the necessary information. 
The Regional Administrator shall notify the applicant that the 
application is complete upon receiving this information. After the 
application is completed, the Regional Administrator may request 
additional information from an applicant but only when necessary to 
clarify, modify, or supplement previously submitted material. Requests 
for such additional information will not render an application 
incomplete.
    (d) If an applicant fails or refuses to correct deficiencies in the 
application, the permit may be denied and appropriate enforcement 
actions may be taken under the applicable statutory provision including 
RCRA section 3008, SDWA sections 1423 and 1424, CAA section 167, and CWA 
sections 308, 309, 402(h), and 402(k).
    (e) If the Regional Administrator decides that a site visit is 
necessary for any reason in conjunction with the processing of an 
application, he or she shall notify the applicant and a date shall be 
scheduled.
    (f) The effective date of an application is the date on which the 
Regional

[[Page 276]]

Administrator notifies the applicant that the application is complete as 
provided in paragraph (c) of this section.
    (g) For each application from a major new HWM facility, major new 
UIC injection well, major NPDES new source, major NPDES new discharger, 
or a permit to be issued under provisions of Sec.  122.28(c), the 
Regional Administrator shall, no later than the effective date of the 
application, prepare and mail to the applicant a project decision 
schedule. (This paragraph does not apply to PSD permits.) The schedule 
shall specify target dates by which the Regional Administrator intends 
to:
    (1) Prepare a draft permit;
    (2) Give public notice;
    (3) Complete the public comment period, including any public 
hearing; and
    (4) Issue a final permit.

(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 14264, Apr. 1, 1983, as amended at 48 FR 39620, Sept. 1, 1983; 54 
FR 18785, May 2, 1989; 65 FR 30910, May 15, 2000]