§ 66271.8. Administrative Record for Draft Permits.

(a) The provisions of a draft permit prepared under section 66271.5 shall be based on the administrative record as defined in this section.

(b) For preparing a draft permit under section 66271.5, the record shall consist of:

(1) the application, if required, and any supporting data furnished by the applicant;

(2) the draft permit or notice of intent to deny the application;

(3) the statement of basis (section 66271.6) or fact sheet (section 66271.7);

(4) all documents cited in the statement of basis or fact sheet; and

(5) other documents contained in the supporting file for the draft permit.

(c) Material readily available at the Department or published material that is generally available, and that is included in the administrative record under subsection (b) of this section, need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of subsections (a) and (b)(2) and Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).

Note

Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety; 40 CFR Section 124.9.