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. § 124.8

Fact sheet

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(Applicable to State programs, see 40 CFR 123.25 (NPDES), 145.11 (UIC), and 271.14 (RCRA).)

(a) A fact sheet shall be prepared for every draft permit for a major HWM, UIC, or NPDES facility or activity, for every Class I sludge management facility, for every NPDES general permit (40 CFR 122.28 of this subchapter), for every NPDES draft permit that incorporates a variance or requires an explanation under 40 CFR 124.56(b), for every draft permit that includes a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix), and for every draft permit which the Director finds is the subject of wide-spread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The Director shall send this fact sheet to the applicant and, on request, to any other person.

(b) The fact sheet shall include, when applicable:

(1) A brief description of the type of facility or activity which is the subject of the draft permit;

(2) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged.

(3) For a PSD permit, the degree of increment consumption expected to result from operation of the facility or activity.

(4) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by § 124.9 (for EPA-issued permits);

(5) Reasons why any requested variances or alternatives to required standards do or do not appear justified;

(6) A description of the procedures for reaching a final decision on the draft permit including:

(i) The beginning and ending dates of the comment period under § 124.10 and the address where comments will be received;

(ii) Procedures for requesting a hearing and the nature of that hearing; and

(iii) Any other procedures by which the public may participate in the final decision.

(7) Name and telephone number of a person to contact for additional information.

(8) For NPDES permits, provisions satisfying the requirements of § 124.56.

(9) Justification for waiver of any application requirements under § 122.21(j) or (q) of this chapter.

[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 18786, May 2, 1989; 64 FR 42470, Aug. 4, 1999; 89 FR 103500, Dec. 18, 2024]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1983–2023 · leading case: City of Taunton v. U.S. Environmental Protection
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City of Taunton v. U.S. Environmental Protection (2018) ca1 · cites it 2× “Under 40 C.F.R. § 124.8 (a), the fact sheet that accompanies a draft NPDES permit need only "briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit.”
Borough of Bedford v. Commonwealth, Department of Environmental Protection (2009) pacommwct · cites it 2× “59; and DEP did not prepare a fact sheet setting forth the legal and factual basis for the requirements of the Strategy, including the calculations required by 40 CFR §§ 124.8 and 124.56. *60 Based on the foregoing, the Bedford Group has requested this Court to declare the…”
Tenn. Clean Water Network v. Tenn. Valley Auth. (2018) ca6 · cites it 2× “See 40 C.F.R. § 124.8 (requiring the EPA or state authority to issue a fact sheet for every draft permit setting forth “the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit”); Tenn.”
City of Rancho Cucamonga v. Regional Water Quality Control Board (2006) calctapp “Rancho Cucamonga’s effort to argue that federal notice requirements ( 40 C.F.R. § 124.8 , subd. (b)(6)(ii) (2005)) should also have been followed fails because this involved a state-issued NPDES permit adopted according to California procedures.”
Opinion No. (1983) (1983) moag · cites it 4× “40 CFR 124.8 (a) requires a fact sheet to be prepared, as does the state regulation.”
Sierra Club, Inc. and Conservation Law Foundation, Inc. v. Granite Shore Power LLC; GSP Merrmack LLC; and Public Service (2023) nhd “” 40 C.F.R. § 124.8 (a). Following that “the EPA publishes a public notice of the draft permit,” and “ [t]he public comment period opens.”
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