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. § 124.18

Administrative record for final permit when EPA is the permitting authority

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(a) The Regional Administrator shall base final permit decisions under § 124.15 on the administrative record defined in this section.

(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:

(1) All comments received during the public comment period provided under § 124.10 (including any extension or reopening under § 124.14);

(2) The tape or transcript of any hearing(s) held under § 124.12;

(3) Any written materials submitted at such a hearing;

(4) The response to comments required by § 124.17 and any new material placed in the record under that section;

(5) For NPDES new source permits only, final environmental impact statement and any supplement to the final EIS;

(6) Other documents contained in the supporting file for the permit; and

(7) The final permit.

(c) The additional documents required under paragraph (b) of this section should be added to the record as soon as possible after their receipt or publication by the Agency. The record shall be complete on the date the final permit is issued.

(d) This section applies to all final RCRA, UIC, PSD, and NPDES permits when the draft permit was subject to the administrative record requirements of § 124.9 and to all NPDES permits when the draft permit was included in a public notice after October 12, 1979.

(e) Material readily available at the issuing Regional Office, or published materials which are generally available and which are included in the administrative record under the standards of this section or of § 124.17 (“Response to comments”), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1986–2023 · leading case: Housatonic River Initiative v. U.S. Env't Prot. Agency, 75 F.4th 248 (1st Cir. 2023).
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Housatonic River Initiative v. U.S. Env't Prot. Agency, 75 F.4th 248 (1st Cir. 2023). “The EAB explained that, with certain exceptions, EPA regulations circumscribe the scope of the EAB's review to the administrative record, see 40 C.F.R. § 124.18 (a) (requiring the EPA to "base final permit decisions .”
Sierra Club v. Wyoming Dep't of Env't Quality, 2011 WY 42, 251 P.3d 310. “40 C.F.R. § 124.18 . The Regional Administrator's decision may be appealed to the Environmental Appeals Board, which also bases its decision on the compiled record, and does not take new evidence from the parties.”
Manasota-88, Inc. v. Thomas, 799 F.2d 687 (11th Cir. 1986). “After the close of the comment period, the Regional Administrator bases his final permit decision on the administrative record defined at 40 C.F.R. § 124.18 . That decision, accompanied by a response to comments received, is then issued.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.