[Code of Federal Regulations]
[Title 40, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR51.160]

[Page 165]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS--Table of Contents
 
           Subpart I--Review of New Sources and Modifications
 
Sec. 51.160  Legally enforceable procedures.

    Source: 51 FR 40669, Nov. 7, 1986, unless otherwise noted.


    (a) Each plan must set forth legally enforceable procedures that 
enable the State or local agency to determine whether the construction 
or modification of a facility, building, structure or installation, or 
combination of these will result in--
    (1) A violation of applicable portions of the control strategy; or
    (2) Interference with attainment or maintenance of a national 
standard in the State in which the proposed source (or modification) is 
located or in a neighboring State.
    (b) Such procedures must include means by which the State or local 
agency responsible for final decisionmaking on an application for 
approval to construct or modify will prevent such construction or 
modification if--
    (1) It will result in a violation of applicable portions of the 
control strategy; or
    (2) It will interfere with the attainment or maintenance of a 
national standard.
    (c) The procedures must provide for the submission, by the owner or 
operator of the building, facility, structure, or installation to be 
constructed or modified, of such information on--
    (1) The nature and amounts of emissions to be emitted by it or 
emitted by associated mobile sources;
    (2) The location, design, construction, and operation of such 
facility, building, structure, or installation as may be necessary to 
permit the State or local agency to make the determination referred to 
in paragraph (a) of this section.
    (d) The procedures must provide that approval of any construction or 
modification must not affect the responsibility to the owner or operator 
to comply with applicable portions of the control strategy.
    (e) The procedures must identify types and sizes of facilities, 
buildings, structures, or installations which will be subject to review 
under this section. The plan must discuss the basis for determining 
which facilities will be subject to review.
    (f) The procedures must discuss the air quality data and the 
dispersion or other air quality modeling used to meet the requirements 
of this subpart.
    (1) All applications of air quality modeling involved in this 
subpart shall be based on the applicable models, data bases, and other 
requirements specified in appendix W of this part (Guideline on Air 
Quality Models).
    (2) Where an air quality model specified in appendix W of this part 
(Guideline on Air Quality Models) is inappropriate, the model may be 
modified or another model substituted. Such a modification or 
substitution of a model may be made on a case-by-case basis or, where 
appropriate, on a generic basis for a specific State program. Written 
approval of the Administrator must be obtained for any modification or 
substitution. In addition, use of a modified or substituted model must 
be subject to notice and opportunity for public comment under procedures 
set forth in Sec. 51.102.

[51 FR 40669, Nov. 7, 1986, as amended at 58 FR 38822, July 20, 1993; 60 
FR 40468, Aug. 9, 1995; 61 FR 41840, Aug. 12, 1996]