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(7-1-89 Edition) Environmental Protection Agency § 124.41 'ator shall issue will be required to exhaust administra- permit proceedings in progress on July Ling or denying Live remedies. 3, 1980. v. To the extent (2) Notice of any final agency action (e) This Part also does not signifi- •ondittons of the regarding a PSD permit shall prompt- cantly change the way in which PSD 1 become final ly be published in the FsDx<uc REcrs- permits are processed. For the most notice of any TER. Part, these regulations will also apply ie Administrator [48 FR 14264,Apr. 1, 1993,as amended at 54 to PSD proceedings in progress on )r (b) of this see- FR 9697,Mar.7, 19891 July 18, 1980. However, because it as provided in would be disruptive to require retroac- shall set forth a §124.20 Computation of time. tively a formal administrative record the appeal and (a) Any time period scheduled to for PSD permits issued without one, nterested person begin on the occurrence of an act or §1124 9 and 124.18 will apply to PSD event shall begin on the day after the brief. Notice of permits for which draft Permits were I be sent only to act or event. prepared after the effective date of ng review. (b) Any time period scheduled to these regulations. -ator may defer begin before the occurrence of an act ppeal of a RCRA or event shall be computed so that the Subpart B—Specific Procedures Appli- this section until period ends on the day before the act cable to RCRA Permits [Re- rmal proceedings or event. served] F relating to an (c) If the final day of any time 1 to the same fa- period falls on a weekend or legal holi- Subpart C—Specific Procedures i concluding that: day, the time period shall be extended Applicable to PSD Permits �rmit is likely to to the next working day. to a decision of (d) Whenever a party or interested !3124.41 Definitions applicable to PSD peals; person has the right or is required to permits. mit is likely to be act within a prescribed period after Whenever PSD permits are proc- the service of notice or other paper eased under this part, the following interests of both upon him or her by mail, 3 days shall terms shall have the following mean- ty and the public be added to the prescribed time. ings: taterially adverse- §124.21 Effective date of Part 124. "Administrator," "EPA," and "Re- or glonal Administrator" shall have the feet is outweighed (a)Except for paragraphs(b)and(c) meanings set forth in § 124.2, except y to result from a of this section, Part 124 will become when EPA has delegated authority to on appeal. effective July 18, 1980. Because this administer those regulations to an- :he Administrator effective date will precede the process- other agency under the applicable sub- of this section is, Ing of any RCRA or UIC permits, Part section of 40 CFR 52.21, the term a prerequisite to 124 will apply in its entirety to all "EPA"shall mean the delegate agency ,ial review of the RCRA and UIC permits. and the term "Regional Administra- (b) All provisions of Part 124 per- tor" shall mean the chief administra- of Judicial review taining to the RCRA program will tive officer of the delegate agency. rriate Act, final become effective on November 19, "Application" means an application as when a final 1980• for a PSD permit. permit is issued (c)All provisions of Part 124 pertain- "Appropriate Act and Regulations" and agency review ing to the UIC program will become means the Clean Air Act and applica- hausted. A final effective July 18, 1980,but shall not be ble regulations promulgated under it. �,1 be issued by the implemented until the effective date "Approved program" means a State ttor of 40 CFR Part 146. implementation plan providing for is- ,ministrator issues (d) This part does not significantly suance of PSD permits which has been % that review has change the way in which NPDES per- approved by EPA under the Clean Air en the Administm- mits are processed. Since October 12, Act and 40 CFR Part 51. An"approved 1 on the merits of 1979, NPDES permits have been the State" is one administering an "ap- decision does not subject to almost identical require- proved program." "State Director" as �f the proceedings; ments in the revised NPDES regula- used in § 124.4 means the person(s) re- apletion of remand tions which were promulgated on June sponsible for issuing PSD permits 3roceedings are re- 7, 1979. See 44 FR 32948. To the under an approved program, or that to Administrator's extent this part changes the revised person's delegated representative. -cifieally provides NPDES permit regulations, those "Construction" has the meaning s remand decision changes will take effect as to all given in 40 CFR 52.21. 155