[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR62.02]

[Page 346-347]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES 
AND POLLUTANTS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 62.02  Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans for the control of pollutants and facilities 
under section 111(d), and section 129 as applicable, of the Act, and the 
Administrator's promulgation of such plans or portions of plans thereof. 
Approval of a plan or any portion of a plan is based on a determination 
by the Administrator that it meets the requirements of section 111(d), 
and section 129 as applicable, of

[[Page 347]]

the Act and provisions of part 60 of this chapter.
    (b)(1) If a State does not submit a complete, approvable plan, the 
Administrator may then promulgate a substitute plan or part of a plan. 
The promulgated provision, plus the approved parts of the State plan, 
constitute the applicable plan for purposes of the act.
    (2) The part 60 subpart A of this chapter general provisions and 
appendices to part 60 apply to part 62, except as follows: 40 CFR 
60.7(a)(1), 60.7(a)(3), and 60.8(a) and where special provisions set 
forth under the applicable subpart of this part shall apply instead of 
any conflicting provisions.
    (c) The Administrator will promulgate substitute provisions for the 
disapproved regulatory provisions only. If a nonregulatory provision is 
disapproved, however, it will be noted in this part and a detailed 
explanation will be sent to the State.
    (d) All approved regulatory provisions of each plan are incorporated 
by reference in this part. Section 62.12 provides information on 
availability of applicable plans. The Administrator and State and local 
agencies shall enforce (1) regulatory provisions of a plan approved or 
promulgated by the Administrator, and (2) all permit conditions or 
denials issued in carrying out the approved or promulgated regulations 
for the review of designated facilities.
    (e) Each State's plan is dealt with in a separate subpart, with 
separate headings for different pollutants and facilities. The plans 
shall include an introductory section identifying the plan by name and 
the date of its submittal. Additional sections are included as necessary 
to specifically identify disapproved provisions, to set forth reasons 
for disapproval, and to set forth provisions of the plan promulgated by 
the Administrator. Except as otherwise specified, all supplemental 
information submitted to the Administrator with respect to any plan has 
been submitted by the Governor of the State.
    (f) Revisions to applicable plans will be included in this part when 
approved or promulgated by the Administrator.
    (g) Substitute plans promulgated by the Administrator for States 
that do not have approved plans are contained in separate subparts that 
appear after the subparts for States. These Federal plans include 
sections identifying the applicability of the plan, emission limits, 
compliance schedules, recordkeeping and reporting, performance testing, 
and monitoring requirements.

[43 FR 51393, Nov. 3, 1978, as amended at 63 FR 63201, Nov. 12, 1998; 68 
FR 5158, Jan. 31, 2003]