[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR6.602]

[Page 123]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON 
ENVIRONMENTAL QUALITY ON THE NATIONAL ENVIRONMENTAL POLICY ACT--
 
   Subpart F_Environmental Review Procedures for the New Source NPDES 
                                 Program
 
Sec. 6.602  Applicability.

    (a) General. The procedures set forth under subparts A, B, C and D, 
and this subpart shall apply to the issuance of new source NPDES 
permits, except for the issuance of a new source NPDES permit from any 
State which has an approved NPDES program in accordance with section 
402(b) of the Clean Water Act.
    (b) New Source Determination. An NPDES permittee must be determined 
a new source before these procedures apply. New source determinations 
will be undertaken pursuant to the provisions of the permit regulations 
under Sec. 122.29(a) and (b) of this chapter and Sec. 122.53(h).

[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9831, Mar. 8, 1982; 51 
FR 32613, Sept. 12, 1986]