[Code of Federal Regulations]
[Title 40, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR52.30]

[Page 69]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 52.30  Criteria for limiting application of sanctions under section 
110(m) of the Clean Air Act on a statewide basis.

    (a) Definitions. For the purpose of this section:
    (1) The term ``political subdivision'' refers to the representative 
body that is responsible for adopting and/or implementing air pollution 
controls for one, or any combination of one or more of the following: 
city, town, borough, county, parish, district, or any other geographical 
subdivision created by, or pursuant to, Federal or State law. This will 
include any agency designated under section 174, 42 U.S.C. 7504, by the 
State to carry out the air planning responsibilities under part D.
    (2) The term ``required activity'' means the submission of a plan or 
plan item, or the implementation of a plan or plan item.
    (3) The term ``deficiency'' means the failure to perform a required 
activity as defined in paragraph (a)(2) of this section.
    (4) For purposes of Sec. 52.30, the terms ``plan'' or ``plan item'' 
mean an implementation plan or portion of an implementation plan or 
action needed to prepare such plan required by the Clean Air Act, as 
amended in 1990, or in response to a SIP call issued pursuant to section 
110(k)(5) of the Act.
    (b) Sanctions. During the 24 months after a finding, determination, 
or disapproval under section 179(a) of the Clean Air Act is made, EPA 
will not impose sanctions under section 110(m) of the Act on a statewide 
basis if the Administrator finds that one or more political subdivisions 
of the State are principally responsible for the deficiency on which the 
finding, disapproval, or determination as provided under section 
179(a)(1) through (4) is based.
    (c) Criteria. For the purposes of this provision, EPA will consider 
a political subdivision to be principally responsible for the deficiency 
on which a section 179(a) finding is based, if all five of the following 
criteria are met.
    (1) The State has provided adequate legal authority to a political 
subdivision to perform the required activity.
    (2) The required activity is one which has traditionally been 
performed by the local political subdivision, or the responsibility for 
performing the required activity has been delegated to the political 
subdivision.
    (3) The State has provided adequate funding or authority to obtain 
funding (when funding is necessary to carry out the required activity) 
to the political subdivision to perform the required activity.
    (4) The political subdivision has agreed to perform (and has not 
revoked that agreement), or is required by State law to accept 
responsibility for performing, the required activity.
    (5) The political subdivision has failed to perform the required 
activity.
    (d) Imposition of sanctions. (1) If all of the criteria in paragraph 
(c) of this section have been met through the action or inaction of one 
political subdivision, EPA will not impose sanctions on a statewide 
basis.
    (2) If not all of the criteria in paragraph (c) of this section have 
been met through the action or inaction of one political subdivision, 
EPA will determine the area for which it is reasonable and appropriate 
to apply sanctions.

[59 FR 1484, Jan. 11, 1994]

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