copies of any Refuse Act applications, NPDES applications, or other relevant data collected by the Regional Administrator prior to the State or interstate agency's participation in the NPDES; and

(b) A procedure to insure that the Director will not issue an NPDES permit on the basis of any Refuse Act or NPDES application received from the Regional Administrator which the Regional Administrator has identified as incomplete or otherwise deficient until the Director receives information sufficient to correct the deficiency to the satisfaction of the Regional Administrator.

(Comment. The two purposes of this section are: (1) To provide for the transfer of data bearing on NPDES permit determinations from the Federal Government to the participating State or interstate agencies, and (2) to insure that any deficiencies in the transferred NPDES forms will be corrected prior to issuance of an NPDES permit. The "agreement" mechanism allows flexibility in achieving both purposes. Time and manner of transfer can be worked out by each participating agency and the Regional Administrator. If agreed upon, deficient applications could either be retained by the Regional Administrator until completed or be transferred with the satisfactory applications. If the Director prefers to receive and correct deficient applications, the agreement could provide for the forwarding to the Regional Administrator of the information necessary to correct the deficiency.)

§ 124.23 Transmission of data to Regional Administrator.

Each State or interstate agency participating in the NPDES shall transmit to the Regional Administrator copies of NPDES forms received by the State or interstate agency in such manner as the Director and Regional Administrator shall agree. Any agreement between the State or interstate agency and the Regional Administrator shall provide for at least the following:

(a) Prompt transmittal to the Regional Administrator of a complete copy of any NPDES form received by the State or interstate agency;

(b) Procedures for the transmittal to the national data bank of a complete copy, or relevant portions thereof, of any appropriate NPDES form received by the State or interstate agency;

(c) Procedures for acting on the Regional Administrator's written waiver, if any, of his rights to receive copies of

NPDES forms with respect to classes, types, and sizes within any category of point sources and with respect to minor discharges or discharges to particular navigable waters or parts thereof; and,

(d) An opportunity for the Regional Administrator to object in writing to deficiencies in any NPDES application or reporting form received by him and to have such deficiency corrected. If the Regional Administrator's objection relates to an NPDES application, the Director shall send the Regional Administrator any information necessary to correct the deficiency and shall, if the Regional Administrator so requests, not issue the NPDES permit until he receives notice from the Regional Administrator that the deficiency has been corrected.

(e) An opportunity for the Regional Administrator to identify any discharge which has a total volume of less than 50,000 gallons on every day of the year as a discharge which is not a minor discharge. If the Regional Administrator so identifies a discharge and notifies the Director, the Director shall require the applicant for such discharge to submit additional NPDES application forms or any other information requested by the Regional Administrator in his notification to the Director.

(f) Procedures for the transmittal, if requested by the Regional Administrator, of copies of notice received by the Director from publicly owned treatment works pursuant to §§ 124.45 (d) and (e). § 124.24 Identity of Signatories to NPDES forms.

Any State or interstate program participating in the NPDES shall require that any NPDES form submitted to the Director be signed as follows:

(a) In the case of corporations, by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the NPDES form originates.

(b) In the case of a partnership, by a general partner.

(c) In the case of a sole proprietorship, by the proprietor.

(d) In the case of a municipal, State, or other public facility, by either a principal executive officer, ranking elected official or other duly authorized employee.

Subpart D-Notice and Public
Participation

(Comment. Section 101(e) of the Act provides that public participation shall be "provided for, encouraged, and assisted by the Administrator and the States." Section 402 (b) (3) of the Act further calls upon State and interstate agencies participating in the NPDES "to insure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application." This subpart specifies certain procedures to be followed by all participating State and interstate agencies to insure national uniformity in the quality of public participation in NPDES permit determinations. Each State or interstate agency may devise additional procedures and means by which effective and constructive public participation may be enhanced.)

§ 124.31 Formulation of tentative determinations and draft NPDES permits. (a) Any State or interstate agency participating in the NPDES shall formulate and prepare tentative staff determinations with respect to a Refuse Act or NPDES application in advance of public notice of the proposed issuance or denial of an NPDES permit. Such tentative determinations shall include at least the following:

(1) A proposed determination to issue or deny an NPDES permit for the discharge described in the Refuse Act or NPDES application; and,

(2) If the determination proposed in paragraph (a) (1) of this section is to issue the NPDES permit, the following addtional tentative determinations:

(i) Proposed effluent limitations, identified pursuant to §§ 124.42 and 124.43, for those pollutants proposed to be limited;

(ii) A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations, identified pursuant to § 124.44; and

(iii) A brief description of any other proposed special conditions (other than those required in § 124.45) which will have a significant impact upon the discharge described in the NPDES application.

(b) The Director shall organize the tentative determinations prepared pursuant to paragraph (a) of this section into a draft NPDES permit for the Refuse Act or NPDES application.

§ 124.32 Public notice.

(a) Public notice of every complete application for an NPDES permit shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed discharge and of the proposed determination to issue or deny an NPDES permit for the proposed discharge. Procedures for the circulation of public notice shall include at least the following:

(1) Notice shall be circulated within the geographical areas of the proposed discharge; such circulation may include any or all of the following:

(i) Posting in the post office and public places of the municipality nearest the premises of the applicant in which the effluent source is located;

(ii) Posting near the entrance to the applicant's premises and in nearby places; and

(iii) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation;

(2) Notice shall be mailed to any person or group upon request; and

(3) The Director shall add the name of any person or group upon request to a mailing list to receive copies of notices for all NPDES applications within the State or within a certain geographical

area.

(b) The Director shall provide a period of not less than thirty (30) days following the date of the public notice during which time interested persons may submit their written views on the tentative determinations with respect to the NPDES application. All written comments submitted during the 30-day comment period shall be retained by the Director and considered in the formulation of his final determinations with respect to the NPDES application. The period for comment may be extended at the discretion of the Director.

(c) The contents of public notice of applications for NPDES permits shall include at least the following (See Appendix A to this part for a sample public notice which meets the requirements of this section.):

(1) Name, address, and phone number of agency issuing the public notice; (2) Name and address of each applicant;

(3) Brief description of each applicant's activities or operations which result in the discharge described in the

NPDES application (e.g., municipal waste treatment plant, steel manufacturing, drainage from mining activities);

(4) Name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating whether such discharge is a new or an existing discharge;

(5) A statement of the tentative determination to issue or deny an NPDES permit for the discharge described in the NPDES application;

(6) A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required by paragraph (b) of this section and any other means by which interested persons may influence or comment upon those determinations; and

(7) Address and phone number of State or interstate agency premises at which interested persons may obtain further information, request a copy of the draft permit prepared pursuant to § 124.31(b), request a copy of the fact sheet described in § 124.33 and inspect and copy NPDES forms and related documents.

§ 124.33 Fact sheets.

(a) For every discharge which has a total volume of more than 500,000 gallons on any day of the year, the Director shall prepare and, following public notice, shall send, upon request, to any person a fact sheet with respect to the application described in the public notice. The contents of such fact sheets shall include at least the following information (see Appendix B to this part for a sample fact sheet which meets the requirements of this section):

(1) A sketch or detailed description of the location of the discharge described in the NPDES application;

(2) A quantitative description of the discharge described in the NPDES application which includes at least the following:

(i) The rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow in gallons per day or million gallons per day;

(ii) For thermal discharges subject to limitation under the Act, the average summer and winter temperatures in degrees Fahrenheit; and

(iii) The average daily discharge in pounds per day of any pollutants which

are present in significant quantities or which are subject to limitations or prohibition under sections 301, 302, 306, or 307 of the Act and regulations published thereunder;

(3) The tentative determinations required under § 124.31;

(4) A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applied to the proposed discharge; and

(5) A fuller description of the procedures for the formulation of final determinations than that given in the public notice including:

(i) The 30-day comment period required by § 124.32(b);

(ii) Procedures for requesting a public hearing and the nature thereof; and

(iii) Any other procedures by which the public may participate in the formulation of the final determinations.

(b) The Director shall add the name of any person or group upon request to a mailing list to receive copies of fact sheets.

Any State or interstate agency participating in the NPDES shall notify other appropriate Government agencies of each complete application for an NPDES permit and shall provide such agencies an opportunity to submit their written views and recommendations. Procedures for such notification shall include the following:

(a) At the time of issuance of public notice pursuant to § 124.32, transmission of a fact sheet to any other States whose waters may be affected by the issuance of an NPDES permit and, upon request, providing such States with a copy of the NPDES application and a copy of the proposed permit prepared pursuant to § 124.31 (b). Each affected State shall be afforded an opportunity to submit written recommendations to the Director and to the Regional Administrator which the Director may incorporate into the permit if issued. Should the Director fail to incorporate any written recommendations thus received, he shall provide to the affected State or States (and to the Regional Administrator) a written explanation of his reasons for failing to accept any of the written recommendations.

(b) A procedure, similar to paragraph (a) of this section, for notifying any interstate agency having water quality control authority over waters which may be affected by the issuance of a permit.

(c) At the time of issuance of public notice pursuant to § 124.32, transmission of a fact sheet to the appropriate District Engineer of the Army Corps of Engineers of NPDES applications for discharges (other than minor discharges) into navigable waters.

(1) The Director and the District Engineer for each Corps of Engineers district within the State or interstate area may arrange for (i) notice to the District Engineer of minor discharges, (ii) waiver by the District Engineer of his right to receive fact sheets with respect to classes, types, and sizes within any category of point sources and with respect to discharges to particular navigable waters or parts thereof and (iii) any procedures for the transmission of forms, period for comment by the District Engineer (e.g., 30 days), and for objections of the District Engineer.

(2) A copy of any written agreement between the Director and a District Engineer shall be forwarded to the Regional Administrator and shall be made available to the public for inspection and copying.

(d) A procedure for mailing copies of public notice (or upon specific request, copies of fact sheets) of application for NPDES permits to any other Federal, State, or local agency, or any affected country, upon request, and providing such agencies an opportunity to respond, comment, or request a public hearing pursuant to § 124.36. Such agencies shall include at least the following:

(1) The agency responsible for the preparation of an approved plan pursuant to section 208 (b) of the Act; and

(2) The State or interstate agency responsible for the preparation of a plan pursuant to an approved continuous planning process under section 303(e) of the Act, unless such agency is under the supervision of the Director.

(e) Procedures for notice to and coordination with appropriate public health agencies for the purpose of assisting the applicant in coordinating the applicable requirements of the Act with any applicable requirements of such public health agencies.

§ 124.35 Public access to information.

(a) Any State or interstate agency participating in the NPDES shall insure that any NPDES forms (including the draft NPDES permit prepared pursuant to § 124.31(b)) or any public comment upon those forms pursuant to § 124.32 (b) shall be available to the public for inspection and copying. The Director, in his discretion, may also make available to the public any other records, reports, plans, or information obtained by the State or interstate agency pursuant to its participation in the NPDES.

(b) The Director shall protect any information (other than effluent data) contained in such NPDES form, or other records, reports, or plans as confidential upon a showing by any person that such information if made public would divulge methods or processes entitled to protection as trade secrets of such person. If, however, the information being considered for confidential treatment is contained in an NPDES form, the Director shall forward such information to the Regional Administrator for his concurrence in any determination of confidentiality. If the Regional Administrator does not agree that some or all of the information being considered for confidential treatment merits such protection, he shall request advice from the Office of General Counsel, stating the reasons for his disagreement with the determination of the Director. The Regional Administrator shall simultaneously provide a copy of such request to the person claiming trade secrecy. The General Counsel shall determine whether the information in question would, if revealed, divulge methods or processes entitled to protection as trade secrets. In making such determinations, he shall consider any additional information submitted to the Office of General Counsel within 30 days of receipt of the request from the Regional Administrator. If the General Counsel determines that the information being considered does not contain trade secrets, he shall so advise the Regional Administrator and shall notify the person claiming trade secrecy of such determination by certified mail. No sooner than 30 days following the mailing of such notice, the Regional Administrator shall communicate to the Director his decision not to concur in the

withholding of such information, and the Director and the Regional Administrator shall then make available to the public, upon request, that information determined not to constitute trade secrets.

(c) Any information accorded confidential status, whether or not contained in an NPDES form, shall be disclosed, upon request, to the Regional Administrator, or his authorized representative, who shall maintain the disclosed information as confidential.

(d) The Director shall provide facilities for the inspection of information relating to NPDES forms and shall insure that State employees honor requests for such inspection promptly without undue requirements or restrictions. The Director shall either (1) insure that a machine or device for the copying of papers and documents is available for a reasonable fee, or (2) otherwise provide for or coordinate with copying facilities or services such that requests for copies of nonconfidential documents may be honored promptly.

(Comment. Although not required herein, the Director is encouraged to maintain facilities for inspection and copying in more than one location within the State or interstate area in order to increase citizen access to NPDES forms and activities.)

§ 124.36 Public hearings.

The Director shall provide an opportunity for the applicant, any affected State, any affected interstate agency, any affected country, the Regional Administrator, or any interested agency, person, or group of persons to request or petition for a public hearing with respect to NPDES applications. Any such request or petition for public hearing shall be filed within the 30-day period prescribed in § 124.32(b) and shall indicate the interest of the party filing such request and the reasons why a hearing is warranted. The Director shall hold a hearing if there is a significant public interest (including the filing of requests or petitions for such hearing) in holding such a hearing. Instances of doubt should be resolved in favor of holding the hearing. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed discharge or other appropriate area, in the discretion of the Director, and may, as appropriate, consider related groups of permit applications.

§ 124.37 Public notice of public hearings.

(a) Public notice of any hearing held pursuant to § 124.36 above shall be circulated at least as widely as was the notice of the NPDES application. Procedures for the circulation of public notice for hearings held under § 124.36 shall include at least the following:

(1) Notice shall be published in at least one newspaper of general circulation within the geographical area of the discharge;

(2) Notice shall be sent to all persons and Government agencies which received a copy of the notice or the fact sheet for the NPDES application;

(3) Notice shall be mailed to any person or group upon request; and

(4) Notice shall be effected pursuant to subparagraphs (1) and (3) of this paragraph at least thirty (30) days in advance of the hearing.

(b) The contents of public notice of any hearing held pursuant to § 124.36 shall include at least the following (see Appendix C to this part for a sample hearing notice which meets the requirements of this section):

(1) Name, address, and phone number of agency holding the public hearing;

(2) Name and address of each applicant whose application will be considered at the hearing;

(3) Name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway;

(4) A brief reference to the public notice issued for each NPDES application, including identification number and date of issuance;

(5) Information regarding the time and location for the hearing;

(6) The purpose of the hearing;

(7) A concise statement of the issues raised by the persons requesting the hearing;

(8) Address and phone number of premises at which interested persons may obtain further information, request a copy of each draft NPDES permit prepared pursuant to § 124.31 (b) above, request a copy of each fact sheet prepared pursuant to § 124.33, and inspect and copy NPDES forms and related documents; and,