[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR650.94]

[Page 322]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 650--ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)--Table of Contents
 
                   Subpart D--Air Pollution Abatement
 
Sec. 650.94  Consent agreements.

    (a) A consent agreement is required for each existing fixed source 
of air pollution which exceeds applicable standards. The consent 
agreement must contain a compliance schedule which contains a 
chronological list of dates (milestones) for each major action to be 
completed within the overall plan to bring a polluting source into 
compliance.
    (b) Consent agreements are negotiated by installation 
representatives with EPA Regional Offices and State air pollution 
control authorities. Once approved by EPA, the specified date when the 
facility will comply with air emission standards becomes legally binding 
on the installation commander. Further, the installation is required to 
inform the appropriate EPA Regional Office and State authority in 
writing of any foreseen delays in meeting the intermediate dates 
contained in the compliance schedule and the reasons therefore prior to 
the scheduled completion date. When it becomes apparent that the 
ultimate compliance date cannot be met for reasons beyond the control of 
the installation commander, a revised consent agreement should be 
renegotiated. In such cases the EPA Regional Administrator will be 
notified as soon as possible. If renegotiation of a compliance schedule 
is rejected by EPA, the installation commander may forward a request for 
an exemption (Sec. 650.95) from compliance from standards when continued 
operation of the facility is essential to the conduct of the DA mission.