40 CFR 124.9 - Administrative record for draft permits when EPA is the permitting authority.
(a) The provisions of a draft permit prepared by EPA under § 124.6 shall be based on the administrative record defined in this section.
(b) For preparing a draft permit under § 124.6, the record shall consist of:
(6) For NPDES new source draft permits only, any environmental assessment, environmental impact statement (EIS), finding of no significant impact, or environmental information document and any supplement to an EIS that may have been prepared. NPDES permits other than permits to new sources as well as all RCRA, UIC and PSD permits are not subject to the environmental impact statement provisions of section 102(2)(C) of the National Environmental Policy Act, 42 U.S.C. 4321.
(c) Material readily available at the issuing Regional Office or published material that is generally available, and that is included in the administrative record under paragraphs (b) and (c) of this section, need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.
Title 40 published on 2013-07-01
no entries appear in the Federal Register after this date.