C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › PART 124—PROCEDURES FOR DECISIONMAKING › Subpart A—General Program Requirements

40 C.F.R. § 124.15

Issuance and effective date of permit

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(a) After the close of the public comment period under § 124.10 on a draft permit, the Regional Administrator shall issue a final permit decision (or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit under § 270.29). The Regional Administrator shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a RCRA, UIC, PSD, or NPDES permit under § 124.19 of this part. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.

(b) A final permit decision (or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit under § 270.29) shall become effective 30 days after the service of notice of the decision unless:

(1) A later effective date is specified in the decision; or

(2) Review is requested on the permit under § 124.19.

(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance.

[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 9607, Mar. 7, 1989; 65 FR 30911, May 15, 2000]
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1983–2023 · leading case: Hawaii's Thousand Friends v. City & Cnty. of Honolulu, 821 F. Supp. 1368 (D. Haw. 1993).
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Hawaii's Thousand Friends v. City & Cnty. of Honolulu, 821 F. Supp. 1368 (D. Haw. 1993). · cites it 2× “40 C.F.R. § 124.15 (b)(2); 40 C.F.R. §§ 124 .”
Friends of the Earth, Inc. v. Chevron Chem. Co., 900 F. Supp. 67 (E.D. Tex. 1995). · cites it 2× “40 C.F.R. § 124.15 (b) states, “A final permit decision .”
W.R. Grace & Co.--Conn. v. United States Env't Prot. Agency, 959 F.2d 360 (1st Cir. 1992). “” 40 C.F.R. §§ 124.15 (a) (emphasis added), 124.”
Puerto Rico Sun Oil Co. v. United States Env't Prot. Agency, 8 F.3d 73 (1st Cir. 1993). “On November 7, 1990, the Company sought administrative review within EPA, an action that automatically stayed the new permit, 40 C.F.R. § 124.15 (b)(2), and left the old one in force on a temporary basis.”
Avenal Power Ctr., LLC v. U.S. Env't Prot. Agency, 787 F. Supp. 2d 1 (D.D.C. 2010). · cites it 3× “As such, the EPA announced that it would “be able to issue a final permit decision in accordance with 40 C.F.R. § 124.15 on [plaintiffs] permit application by May 27, 2011.”
Puerto Rico Aqueduct & Sewer Auth. v. United States Env't Prot. Agency, 35 F.3d 600 (1st Cir. 1994). “See 40 C.F.R. § 124.15 (1993). That decision becomes the final permit, effective in thirty days, unless it is administratively appealed.”
Adams v. U.S. Env't Prot. Agency, 38 F.3d 43 (1st Cir. 1994). “See 40 C.F.R. §§ 124.15 , 124.18. After the EPA issues a final permit decision, an interested party may request an evidentiary hearing to contest the resolution of any questions raised during the public comment period.”
LeBlanc v. Env't Prot. Agency, 310 F. App'x 770 (6th Cir. 2009). “If a final permit is issued, 40 C.F.R. § 124.15 , a person who submitted comments is notified of the permit.”
Manasota-88, Inc. v. Thomas, 799 F.2d 687 (11th Cir. 1986). “40 C.F.R. §§ 124.15 (a) and 124.17. A notice of this decision, including information as to procedures for challenging the decision, is directed to "the applicant and each person who has submitted written comments or requested notice of the final permit decision.”
City of Ames v. Reilly, 986 F.2d 253 (8th Cir. 1993). “See 40 C.F.R. § 124.15 (b). We now turn to the instant ease.”
Michigan Dep't of Env't Quality v. United States Env't Prot. Agency, 318 F.3d 705 (6th Cir. 2003). “…. The Board is authorized to review EPA action only with respect to the issuance or denial of federal permits. See 40 C.F.R. § 124.15 .”
Sierra Club v. Mosier (Kan. 2017). · cites it 3× “Sierra Club also cites 40 C.F.R. § 124.15 (2016) to argue that a "final permit decision" includes a decision to modify a permit and to suggest that the date of a modification should be a permit's date of issuance.”
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— 40 C.F.R. § 124.15(b)(2) — 2 cases
Puerto Rico Sun Oil v. EPA (1st Cir. 1993).
Puerto Rico Sun Oil v. EPA (1st Cir. 1993).
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