[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: 40CFR6.606]

[Page 125]
 
                   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. 6.606  Record of decision.

    (a) General. At the time of permit award, the responsible official 
shall prepare a record of decision in those cases where a final EIS was 
issued in accordance with 40 CFR 1505.2 and pursuant to the provisions 
of the permit regulations under 40 CFR 124.15 and 124.18(b)(5). The 
record of decision shall list any mitigation measures necessary to make 
the recommended alternative environmentally acceptable.
    (b) Mitigation measures. The mitigation measures derived from the 
EIS process shall be incorporated as conditions of the permit; ancillary 
agreements shall not be used to require mitigation.

[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9831, Mar. 8, 1982]