[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.42]

[Page 276-277]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
        Subpart C--Specific Procedures Applicable to PSD Permits
 
Sec. 124.42  Additional procedures for PSD permits affecting Class I areas.

    (a) The Regional Administrator shall provide notice of any permit 
application for a proposed major PSD stationary source or major PSD 
modification the emissions from which would affect a Class I area to the 
Federal Land Manager, and the Federal official charged with direct 
responsibility for management of any lands within such area. The 
Regional Administrator shall

[[Page 277]]

provide such notice promptly after receiving the application.
    (b) Any demonstration which the Federal Land Manager wishes to 
present under 40 CFR 52.21(q)(3), and any variances sought by an owner 
or operator under Sec. 52.21(q)(4) shall be submitted in writing, 
together with any necessary supporting analysis, by the end of the 
public comment period under Sec. 124.10 or Sec. 124.118. (40 CFR 
52.21(q)(3) provides for denial of a PSD permit to a facility or 
activity when the Federal Land Manager demonstrates that its emissions 
would adversely affect a Class I area even though the applicable 
increments would not be exceeded. 40 CFR 52.21(q)(4) conversely 
authorizes EPA, with the concurrence of the Federal Land Manager and 
State responsible, to grant certain variances from the otherwise 
applicable emission limitations to a facility or activity whose 
emissions would affect a Class I area.)
    (c) Variances authorized by 40 CFR 52.21 (q)(5) through (q)(7) shall 
be handled as specified in those paragraphs and shall not be subject to 
this part. Upon receiving appropriate documentation of a variance 
properly granted under any of these provisions, the Regional 
Administrator shall enter the variance in the administrative record. Any 
decisions later made in proceedings under this part concerning that 
permit shall be consistent with the conditions of that variance.