[Code of Federal Regulations]
[Title 40, Volume 12]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR70.4]

[Page 211-219]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 70--STATE OPERATING PERMIT PROGRAMS--Table of Contents
 
Sec. 70.4  State program submittals and transition.

    (a) Date for submittal. Not later than November 15, 1993, the 
Governor of each State shall submit to the Administrator for approval a 
proposed part 70 program, under State law or under an

[[Page 212]]

interstate compact, meeting the requirements of this part. If part 70 is 
subsequently revised such that the Administrator determines that it is 
necessary to require a change to an approved State program, the required 
revisions to the program shall be submitted within 12 months of the 
final changes to part 70 or within such other period as authorized by 
the Administrator.
    (b) Elements of the initial program submission. Any State that seeks 
to administer a program under this part shall submit to the 
Administrator a letter of submittal from the Governor or his designee 
requesting EPA approval of the program and at least three copies of a 
program submission. The submission shall contain the following:
    (1) A complete program description describing how the State intends 
to carry out its responsibilities under this part.
    (2) The regulations that comprise the permitting program, reasonably 
available evidence of their procedurally correct adoption, (including 
any notice of public comment and any significant comments received on 
the proposed part 70 program as requested by the Administrator), and 
copies of all applicable State or local statutes and regulations 
including those governing State administrative procedures that either 
authorize the part 70 program or restrict its implementation. The State 
shall include with the regulations any criteria used to determine 
insignificant activities or emission levels for purposes of determining 
complete applications consistent with Sec. 70.5(c) of this part.
    (3) A legal opinion from the Attorney General for the State, or the 
attorney for those State, local, or interstate air pollution control 
agencies that have independent legal counsel, stating that the laws of 
the State, locality, or interstate compact provide adequate authority to 
carry out all aspects of the program. This statement shall include 
citations to the specific states, administrative regulations, and, where 
appropriate, judicial decisions that demonstrate adequate authority. 
State statutes and regulations cited by the State Attorney General or 
independent legal counsel shall be in the form of lawfully adopted State 
states and regulations at the time the statement is signed and shall be 
fully effective by the time the program is approved. To qualify as 
``independent legal counsel,'' the attorney signing the statement 
required by this section shall have full authority to independently 
represent the State agency in court on all matters pertaining to the 
State program. The legal opinion shall also include a demonstration of 
adequate legal authority to carry out the requirements of this part, 
including authority to carry out each of the following:
    (i) Issue permits and assure compliance with each applicable 
requirement and requirement of this part by all part 70 sources.
    (ii) Incorporate monitoring, recordkeeping, reporting, and 
compliance certification requirements into part 70 permits consistent 
with Sec. 70.6.
    (iii) Issue permits for a fixed term of 5 years in the case of 
permits with acid rain provisions and issue all other permits for a 
period not to exceed 5 years, except for permits issued for solid waste 
incineration units combusting municipal waste subject to standards under 
section 129(e) of the Act.
    (iv) Issue permits for solid waste incineration units combusting 
municipal waste subject to standards under section 129(e) of the Act for 
a period not to exceed 12 years and review such permits at least every 5 
years. No permit for a solid waste incineration unit may be issued by an 
agency, instrumentality or person that is also responsible, in whole or 
in part, for the design and construction or operation of the unit.
    (v) Incorporate into permits all applicable requirements and 
requirements of this part.
    (vi) Terminate, modify, or revoke and reissue permits for cause.
    (vii) Enforce permits, permit fee requirements, and the requirement 
to obtain a permit, as specified in Sec. 70.11.
    (viii) Make available to the public any permit application, 
compliance plan, permit, and monitoring and compliance, certification 
report pursuant to section 503(e) of the Act, except for information 
entitled to confidential treatment pursuant to section 114(c) of

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the Act. The contents of a part 70 permit shall not be entitled to 
protection under section 115(c) of the Act.
    (ix) Not issue a permit if the Administrator timely objects to its 
issuance pursuant to Sec. 70.8(c) of this part or, if the permit has not 
already been issued, to Sec. 70.8(d) of this part.
    (x) Provide an opportunity for judicial review in State court of the 
final permit action by the applicant, any person who participated in the 
public participation process provided pursuant to Sec. 70.7(h) of this 
part, and any other person who could obtain judicial review of such 
actions under State laws.
    (xi) Provide that, solely for the purposes of obtaining judicial 
review in State court for failure to take final action, final permit 
action shall include the failure of the permitting authority to take 
final action on an application for a permit, permit renewal, or permit 
revision within the time specified in the State program. If the State 
program allows sources to make changes subject to post hoc review [as 
set forth in Secs. 70.7(e)(2) and (3) of this part], the permitting 
authority's failure to take final action within 90 days of receipt of an 
application requesting minor permit modification procedures (or 180 days 
for modifications subject to group processing requirements) must be 
subject to judicial review in State court.
    (xii) Provide that the opportunity for judicial review described in 
paragraph (b)(3)(x) of this section shall be the exclusive means for 
obtaining judicial review of the terms and conditions of permits, and 
require that such petitions for judicial review must be filed no later 
than 90 days after the final permit action, or such shorter time as the 
State shall designate. Notwithstanding the preceding requirement, 
petitions for judicial review of final permit actions can be filed after 
the deadline designated by the State, only if they are based solely on 
grounds arising after the deadline for judicial review. Such petitions 
shall be filed no later than 90 days after the new grounds for review 
arise or such shorter time as the State shall designate. If the final 
permit action being challenged is the permitting authority's failure to 
take final action, a petition for judicial review may be filed any time 
before the permitting authority denies the permit or issues the final 
permit.
    (xiii) Ensure that the authority of the State/local permitting 
Agency is not used to modify the acid rain program requirements.
    (4) Relevant permitting program documentation not contained in the 
State regulations, including the following:
    (i) Copies of the permit form(s), application form(s), and reporting 
form(s) the State intends to employ in its program; and
    (ii) Relevant guidance issued by the State to assist in the 
implementation of its permitting program, including criteria for 
monitoring source compliance (e.g., inspection strategies).
    (5) A complete description of the State's compliance tracking and 
enforcement program or reference to any agreement the State has with EPA 
that provides this information.
    (6) A showing of adequate authority and procedures to determine 
within 60 days of receipt whether applications (including renewal 
applications) are complete, to request such other information as needed 
to process the application, and to take final action on complete 
applications within 18 months of the date of their submittal, except for 
initial permit applications, for which the permitting authority may take 
up to 3 years from the effective date of the program to take final 
action on the application, as provided for in the transition plan.
    (7) A demonstration, consistent with Sec. 70.9, that the permit fees 
required by the State program are sufficient to cover permit program 
costs.
    (8) A statement that adequate personnel and funding have been made 
available to develop, administer, and enforce the program. This 
statement shall include the following:
    (i) A description in narrative form of the scope, structure, 
coverage, and processes of the State program.
    (ii) A description of the organization and structure of the agency 
or agencies that will have responsibility for administering the program, 
including the information specified in this paragraph. If more than one 
agency is responsible for administration of a program, the

[[Page 214]]

responsibilities of each agency must be delineated, their procedures for 
coordination must be set forth, and an agency shall be designated as a 
``lead agency'' to facilitate communications between EPA and the other 
agencies having program responsibility.
    (iii) A description of the agency staff who will carry out the State 
program, including the number, occupation, and general duties of the 
employees. The State need not submit complete job descriptions for every 
employee carrying out the State program.
    (iv) A description of applicable State procedures, including 
permitting procedures and any State administrative or judicial review 
procedures.
    (v) An estimate of the permit program costs for the first 4 years 
after approval, and a description of how the State plans to cover those 
costs.
    (9) A commitment from the State to submit, at least annually to the 
Administrator, information regarding the State's enforcement activities 
including, but not limited to, the number of criminal and civil, 
judicial and administrative enforcement actions either commenced or 
concluded; the penalties, fines, and sentences obtained in those 
actions; and the number of administrative orders issued.
    (10) A requirement under State law that, if a timely and complete 
application for a permit renewal is submitted, consistent with 
Sec. 70.5(a)(2), but the State has failed to issue or deny the renewal 
permit before the end of the term of the previous permit, then:
    (i) The permit shall not expire until the renewal permit has been 
issued or denied and any permit shield that may be granted pursuant to 
Sec. 70.6(f) may extend beyond the original permit term until renewal; 
or
    (ii) All the terms and conditions of the permit including any permit 
shield that may be granted pursuant to Sec. 70.6(f) shall remain in 
effect until the renewal permit has been issued or denied.
    (11) A transition plan providing a schedule for submittal and final 
action on initial permit applications for all part 70 sources. This plan 
shall provide that:
    (i) Submittal of permit applications by all part 70 sources 
(including any sources subject to a partial or interim program) shall 
occur within 1 year after the effective date of the permit program;
    (ii) Final action shall be taken on at least one-third of such 
applications annually over a period not to exceed 3 years after such 
effective date;
    (iii) Any complete permit application containing an early reduction 
demonstration under section 112(i)(5) of the Act shall be acted on 
within 9 months of receipt of the complete application; and
    (iv) Submittal of permit applications and the permitting of affected 
sources shall occur in accordance with the deadlines in title IV of the 
Act and the regulations promulgated thereunder.
    (12) Provisions consistent with paragraphs (b)(12)(i) through (iii) 
of this section to allow changes within a permitted facility without 
requiring a permit revision, if the changes are not modifications under 
any provision of title I of the Act and the changes do not exceed the 
emissions allowable under the permit (whether expressed therein as a 
rate of emissions or in the terms of total emissions): Provided, That 
the facility provides the Administrator and the permitting authority 
with written notification as required below in advance of the proposed 
changes, which shall be a minimum of 7 days, unless the permitting 
authority provides in its regulations a different time frame for 
emergencies. The source, permitting authority, and EPA shall attach each 
such notice to their copy of the relevant permit. The following 
provisions implement this requirement of an approvable part 70 permit 
program:
    (i) The program shall allow permitted sources to make section 
502(b)(10) changes without requiring a permit revision, if the changes 
are not modifications under any provision of title I of the Act and the 
changes do not exceed the emissions allowable under the permit (whether 
expressed therein as a rate of emissions or in terms of total 
emissions).
    (A) For each such change, the written notification required above 
shall include a brief description of the change within the permitted 
facility, the date on which the change will

[[Page 215]]

occur, any change in emissions, and any permit term or condition that is 
no longer applicable as a result of the change.
    (B) The permit shield described in Sec. 70.6(f) of this part shall 
not apply to any change made pursuant to this paragraph (b)(12)(i) of 
this section.
    (ii) The program may provide for permitted sources to trade 
increases and decreases in emissions in the permitted facility, where 
the applicable implementation plan provides for such emissions trades 
without requiring a permit revision and based on the 7-day notice 
prescribed in this paragraph (b)(12)(ii) of this section. This provision 
is available in those cases where the permit does not already provide 
for such emissions trading.
    (A) Under this paragraph (b)(12)(ii) of this section, the written 
notification required above shall include such information as may be 
required by the provision in the applicable implementation plan 
authorizing the emissions trade, including at a minimum, when the 
proposed change will occur, a description of each such change, any 
change in emissions, the permit requirements with which the source will 
comply using the emissions trading provisions of the applicable 
implementation plan, and the pollutants emitted subject to the emissions 
trade. The notice shall also refer to the provisions with which the 
source will comply in the applicable implementation plan and that 
provide for the emissions trade.
    (B) The permit shield described in Sec. 70.6(f) of this part shall 
not extend to any change made under this paragraph (b)(12)(ii) of this 
section. Compliance with the permit requirements that the source will 
meet using the emissions trade shall be determined according to 
requirements of the applicable implementation plan authorizing the 
emissions trade.
    (iii) The program shall require the permitting authority, if a 
permit applicant requests it, to issue permits that contain terms and 
conditions, including all terms required under Sec. 70.6 (a) and (c) of 
this part to determine compliance, allowing for the trading of emissions 
increases and decreases in the permitted facility solely for the purpose 
of complying with a federally-enforceable emissions cap that is 
established in the permit independent of otherwise applicable 
requirements. The permit applicant shall include in its application 
proposed replicable procedures and permit terms that ensure the 
emissions trades are quantifiable and enforceable. The permitting 
authority shall not be required to include in the emissions trading 
provisions any emissions units for which emissions are not quantifiable 
or for which there are no replicable procedures to enforce the emissions 
trades. The permit shall also require compliance with all applicable 
requirements.
    (A) Under this paragraph (b)(12)(iii) of this section, the written 
notification required above shall state when the change will occur and 
shall describe the changes in emissions that will result and how these 
increases and decreases in emissions will comply with the terms and 
conditions of the permit.
    (B) The permit shield described in Sec. 70.6(f) of this part may 
extend to terms and conditions that allow such increases and decreases 
in emissions.
    (13) Provisions for adequate, streamlined, and reasonable procedures 
for expeditious review of permit revisions or modifications. The program 
may meet this requirement by using procedures that meet the requirements 
of Sec. 70.7(e) or that are substantially equivalent to those provided 
in Sec. 70.7(e) of this part.
    (14) If a State allows changes that are not addressed or prohibited 
by the permit, other than those described in paragraph (b)(15) of this 
section, to be made without a permit revision, provisions meeting the 
requirements of paragraphs (b)(14) (i) through (iii) of this section. 
Although a State may, as a matter of State law, prohibit sources from 
making such changes without a permit revision, any such prohibition 
shall not be enforceable by the Administrator or by citizens under the 
Act unless the prohibition is required by an applicable requirement. Any 
State procedures implementing such a State law prohibition must include 
the requirements of paragraphs (b)(14) (i) through (iii) of this 
section.
    (i) Each such change shall meet all applicable requirements and 
shall not

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violate any existing permit term or condition.
    (ii) Sources must provide contemporaneous written notice to the 
permitting authority and EPA of each such change, except for changes 
that qualify as insignificant under the provisions adopted pursuant to 
Sec. 70.5(c) of this part. Such written notice shall describe each such 
change, including the date, any change in emissions, pollutants emitted, 
and any applicable requirement that would apply as a result of the 
change.
    (iii) The change shall not qualify for the shield under Sec. 70.6(f) 
of this part.
    (iv) The permittee shall keep a record describing changes made at 
the source that result in emissions of a regulated air pollutant subject 
to an applicable requirement, but not otherwise regulated under the 
permit, and the emissions resulting from those changes.
    (15) Provisions prohibiting sources from making, without a permit 
revision, changes that are not addressed or prohibited by the part 70 
permit, if such changes are subject to any requirements under title IV 
of the Act or are modifications under any provision of title I of the 
Act.
    (16) Provisions requiring the permitting authority to implement the 
requirements of Secs. 70.6 and 70.7 of this part.
    (c) Partial programs. (1) The EPA may approve a partial program that 
applies to all part 70 sources within a limited geographic area (e.g., a 
local agency program covering all sources within the agency's 
jurisdiction). To be approvable, any partial program must, at a minimum, 
ensure compliance with all of the following applicable requirements, as 
they apply to the sources covered by the partial program:
    (i) All requirements of title V of the Act and of part 70;
    (ii) All applicable requirements of title IV of the Act and 
regulations promulgated thereunder which apply to affected sources; and
    (iii) All applicable requirements of title I of the Act, including 
those established under sections 111 and 112 of the Act.
    (2) Any partial permitting program, such as that of a local air 
pollution control agency, providing for the issuance of permits by a 
permitting authority other than the State, shall be consistent with all 
the elements required in paragraphs (b) (1) through (16) of this 
section.
    (3) Approval of any partial program does not relieve the State from 
its obligation to submit a whole program or from application of any 
sanctions for failure to submit a fully-approvable whole program.
    (4) Any partial program may obtain interim approval under paragraph 
(d) of this section if it substantially meets the requirements of this 
paragraph (c) of this section.
    (d) Interim approval. (1) If a program (including a partial permit 
program) submitted under this part substantially meets the requirements 
of this part, but is not fully approvable, the Administrator may be rule 
grant the program interim approval.
    (2) Interim approval shall expire on a date set by the Administrator 
(but not later than 2 years after such approval), and may not be 
renewed. Sources shall become subject to the program according to the 
schedule approved in the State program. Permits granted under an interim 
approval shall expire at the end of their fixed term, unless renewed 
under a part 70 program.
    (3) The EPA may grant interim approval to any program if it meets 
each of the following minimum requirements and otherwise substantially 
meets the requirements of this part:
    (i) Adequate fees. The program must provide for collecting permit 
fees adequate for it to meet the requirements of Sec. 70.9 of this part.
    (ii) Applicable requirements. (A) The program must provide for 
adequate authority to issue permits that assure compliance with the 
requirements of paragraph (c)(1) of this section for those major sources 
covered by the program.
    (B) Notwithstanding paragraph (d)(3)(ii)(A) of this section, where a 
State or local permitting authority lacks adequate authority to issue or 
revise permits that assure compliance with applicable requirements 
established exclusively through an EPA-approved minor NSR program, EPA 
may grant interim approval to the program

[[Page 217]]

upon a showing by the permitting authority of compelling reasons which 
support the interim approval.
    (C) Any part 70 permit issued during an interim approval granted 
under paragraph (d)(3)(ii)(B) of this section that does not incorporate 
minor NSR requirements shall:
    (1) Note this fact in the permit;
    (2) Indicate how citizens may obtain access to excluded minor NSR 
permits;
    (3) Provide a cross reference, such as a listing of the permit 
number, for each minor NSR permit containing an excluded minor NSR term; 
and
    (4) State that the minor NSR requirements which are excluded are not 
eligible for the permit shield under Sec. 70.6(f).
    (D) A program receiving interim approval for the reason specified in 
(d)(3)(ii)(B) of this section must, upon or before granting of full 
approval, institute proceedings to reopen part 70 permits to incorporate 
excluded minor NSR permits as terms of the part 70 permits, as required 
by Sec. 70.7(f)(1)(iv). Such reopening need not follow full permit 
issuance procedures nor the notice requirement of Sec. 70.7(f)(3), but 
may instead follow the permit revision procedure in effect under the 
State's approved part 70 program for incorporation of minor NSR permits.
    (iii) Fixed term. The program must provide for fixed permit terms, 
consistent with paragraphs (b)(3) (iii) and (iv) of this section.
    (iv) Public participation. The program must provide for adequate 
public notice of and an opportunity for public comment and a hearing on 
draft permits and revisions, except for modifications qualifying for 
minor permit modification procedures under Sec. 70.7(e) of this part.
    (v) EPA and affected State review. The program must allow EPA an 
opportunity to review each proposed permit, including permit revisions, 
and to object to its issuance consistent with Sec. 70.8(c) of this part. 
The program must provide for affected State review consistent with 
Sec. 70.8(b) of this part.
    (vi) Permit issuance. The program must provide that the proposed 
permit will not be issued if EPA objects to its issuance.
    (vii) Enforcement. The program must contain authority to enforce 
permits, including the authority to assess penalties against sources 
that do not comply with their permits or with the requirement to obtain 
a permit.
    (viii) Operational flexibility. The program must allow changes 
within a permitted facility without requiring a permit revision, if the 
changes are not modifications under any provision of title I of the act 
and the changes do not exceed the emissions allowable under the permit, 
consistent with paragraph (b)(12) of this section.
    (ix) Streamlined procedures. The program must provide for 
streamlined procedures for issuing and revising permits and determining 
expeditiously after receipt of a permit application or application for a 
permit revision whether such application is complete.
    (x) Permit application. The program submittal must include copies of 
the permit application and reporting form(s) that the State will use in 
implementing the interim program.
    (xi) Alternative scenarios. The program submittal must include 
provisions to insure that alternate scenarios requested by the source 
are included in the part 70 permit pursuant to Sec. 70.6(a)(9) of this 
part.
    (e) EPA review of permit program submittals. Within 1 year after 
receiving a program submittal, the Administrator shall approve or 
disapprove the program, in whole or in part, by publishing a notice in 
the Federal Register. Prior to such notice, the Administrator shall 
provide an opportunity for public comment on such approval or 
disapproval. Any EPA action disapproving a program, in whole or in part, 
shall include a statement of the revisions or modifications necessary to 
obtain full approval. The Administrator shall approve State programs 
that conform to the requirements of this part.
    (1) Within 60 days of receipt by EPA of a State program submission, 
EPA will notify the State whether its submission is complete enough to 
warrant review by EPA for either full, partial, or interim approval. If 
EPA finds that a State's submission is complete, the 1-year review 
period (i.e., the period of time allotted for formal EPA review of a 
proposed State program) shall be deemed to have begun on the date of

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receipt of the State's submission. If EPA finds that a State's 
submission is incomplete, the 1-year review period shall not begin until 
all the necessary information is received by EPA.
    (2) If the State's submission is materially changed during the 1-
year review period, the Administrator may extend the review period for 
no more than 1 year following receipt of the revised submission.
    (3) In any notice granting interim or partial approval, the 
Administrator shall specify the changes or additions that must be made 
before the program can receive full approval and the conditions for 
implementation of the program until that time.
    (f) State response to EPA review of program--(1) Disapproval. The 
State shall submit to EPA program revisions or modifications required by 
the Administrator's action disapproving the program, or any part 
thereof, within 180 days of receiving notification of the disapproval.
    (2) Interim approval. The State shall submit to EPA changes to the 
program addressing the deficiencies specified in the interim approval no 
later than 6 months prior to the expiration of the interim approval.
    (g) Effective date. The effective date of a part 70 program, 
including any partial or interim program approved under this part, shall 
be the effective date of approval by the Administrator.
    (h) Individual permit transition. Upon approval of a State program, 
the Administrator shall suspend the issuance of Federal permits for 
those activities subject to the approved State program, except that the 
Administrator will continue to issue phase I acid rain permits. After 
program approval, EPA shall retain jurisdiction over any permit 
(including any general permit) that it has issued unless arrangements 
have been made with the State to assume responsibility for these 
permits. Where EPA retains jurisdiction, it will continue to process 
permit appeals and modification requests, to conduct inspections, and to 
receive and review monitoring reports. If any permit appeal or 
modification request is not finally resolved when the federally-issued 
permit expires, EPA may, with the consent of the State, retain 
jurisdiction until the matter is resolved. Upon request by a State, the 
Administrator may delegate authority to implement all or part of a 
permit issued by EPA, if a part 70 program has been approved for the 
State. The delegation may include authorization for the State to collect 
appropriate fees, consistent with Sec. 70.9 of this part.
    (i) Program revisions. Either EPA or a State with an approved 
program may initiate a program revision. Program revision may be 
necessary when the relevant Federal or State statutes or regulations are 
modified or supplemented. The State shall keep EPA apprised of any 
proposed modifications to its basic statutory or regulatory authority or 
procedures.
    (1) If the Administrator determines pursuant to Sec. 70.10 of this 
part that a State is not adequately administering the requirements of 
this part, or that the State's permit program is inadequate in any other 
way, the State shall revise the program or its means of implementation 
to correct the inadequacy. The program shall be revised within 180 days, 
or such other period as the Administrator may specify, following 
notification by the Administrator, or within 2 years if the State 
demonstrates that additional legal authority is necessary to make the 
program revision.
    (2) Revision of a State program shall be accomplished as follows:
    (i) The State shall submit a modified program description, Attorney 
General's statement, or such other documents as EPA determines to be 
necessary.
    (ii) After EPA receives a proposed program revision, it will publish 
in the Federal Register a public notice summarizing the proposed change 
and provide a public comment period of at least 30 days.
    (iii) The Administrator shall approve or disapprove program 
revisions based on the requirements of this part and of the Act.
    (iv) A program revision shall become effective upon the approval of 
the Administrator. Notice of approval of any substantial revision shall 
be published in the Federal Register. Notice of approval of 
nonsubstantial program revisions may be given by a letter from the

[[Page 219]]

Administrator to the Governor or a designee.
    (v) The Governor of any State with an approved part 70 program shall 
notify EPA whenever the Governor proposes to transfer all or part of the 
program to any other agency, and shall identify any new division of 
responsibilities among the agencies involved. The new agency is not 
authorized to administer the program until the revision has been 
approved by the Administrator under this paragraph.
    (3) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to a State program, he may 
request, and the State shall provide, a supplemental Attorney General's 
statement, program description, or such other documents or information 
as he determines are necessary.
    (j) Sharing of information. (1) Any information obtained or used in 
the administration of a State program shall be available to EPA upon 
request without restriction and in a form specified by the 
Administrator, including computer-readable files to the extent 
practicable. If the information has been submitted to the State under a 
claim of confidentiality, the State may require the source to submit 
this information to the Administrator directly. Where the State submits 
information to the Administrator under a claim of confidentiality, the 
State shall submit that claim to EPA when providing information to EPA 
under this section. Any information obtained from a State or part 70 
source accompanied by a claim of confidentiality will be treated in 
accordance with the regulations in part 2 of this chapter.
    (2) The EPA will furnish to States with approved programs the 
information in its files that the State needs to implement its approved 
program. Any such information submitted to EPA under a claim of 
confidentiality will be subject to the regulations in part 2 of this 
chapter.
    (k) Administration and enforcement. Any State that fails to adopt a 
complete, approvable part 70 program, or that EPA determines is not 
adequately administering or enforcing such program shall be subject to 
certain Federal sanctions as set forth in Sec. 70.10 of this part.

[57 FR 32295, July 21, 1992, as amended at 61 FR 31448, June 20, 1996; 
61 FR 56370, Oct. 31, 1996; 66 FR 27010, May 15, 2001]