[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: 40CFR124.6]

[Page 278]
 
                   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.  124.6  Draft permits.

    (a) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES), 
145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) Once an application is 
complete, the Director shall tentatively decide whether to prepare a 
draft permit (except in the case of State section 404 permits for which 
no draft permit is required under Sec.  233.39) or to deny the 
application.
    (b) If the Director tentatively decides to deny the permit 
application, he or she shall issue a notice of intent to deny. A notice 
of intent to deny the permit application is a type of draft permit which 
follows the same procedures as any draft permit prepared under this 
section. See Sec.  124.6(e). If the Director's final decision (Sec.  
124.15) is that the tentative decision to deny the permit application 
was incorrect, he or she shall withdraw the notice of intent to deny and 
proceed to prepare a draft permit under paragraph (d) of this section.
    (c) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES) and 
233.26 (404).) If the Director tentatively decides to issue an NPDES or 
404 general permit, he or she shall prepare a draft general permit under 
paragraph (d) of this section.
    (d) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES), 
145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) If the Director decides 
to prepare a draft permit, he or she shall prepare a draft permit that 
contains the following information:
    (1) All conditions under Sec. Sec.  122.41 and 122.43 (NPDES), 
144.51 and 144.42 (UIC, 233.7 and 233.8 (404, or 270.30 and 270.32 
(RCRA) (except for PSD permits)));
    (2) All compliance schedules under Sec. Sec.  122.47 (NPDES), 144.53 
(UIC), 233.10 (404), or 270.33 (RCRA) (except for PSD permits);
    (3) All monitoring requirements under Sec. Sec.  122.48 (NPDES), 
144.54 (UIC), 233.11 (404), or 270.31 (RCRA) (except for PSD permits); 
and
    (4) For:
    (i) RCRA permits, standards for treatment, storage, and/or disposal 
and other permit conditions under Sec.  270.30;
    (ii) UIC permits, permit conditions under Sec.  144.52;
    (iii) PSD permits, permit conditions under 40 CFR Sec.  52.21;
    (iv) 404 permits, permit conditions under Sec. Sec.  233.7 and 
233.8;
    (v) NPDES permits, effluent limitations, standards, prohibitions, 
standards for sewage sludge use or disposal, and conditions under 
Sec. Sec.  122.41, 122.42, and 122.44, including when applicable any 
conditions certified by a State agency under Sec.  124.55, and all 
variances that are to be included under Sec.  124.63.
    (e) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES), 
145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) All draft permits 
prepared by EPA under this section shall be accompanied by a statement 
of basis (Sec.  124.7) or fact sheet (Sec.  124.8), and shall be based 
on the administrative record (Sec.  124.9), publicly noticed (Sec.  
124.10) and made available for public comment (Sec.  124.11). The 
Regional Administrator shall give notice of opportunity for a public 
hearing (Sec.  124.12), issue a final decision (Sec.  124.15) and 
respond to comments (Sec.  124.17). For RCRA, UIC or PSD permits, an 
appeal may be taken under Sec.  124.19 and, for NPDES permits, an appeal 
may be taken under Sec.  124.74. Draft permits prepared by a State shall 
be accompanied by a fact sheet if required under Sec.  124.8.

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

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