[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.92]

[Page 107-108]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
    Subpart E--Approval of State Programs and Delegation of Federal 
                               Authorities
 
Sec. 63.92  Approval of State requirements that adjust a section 112 rule.

    Under this section a State may seek approval of State requirements 
that make pre-approved adjustments to a Federal section 112 rule, 
emission standard, or requirement that are unambiguously no less 
stringent than the Federal rule, emission standard, or requirement.
    (a) Approval process. (1) If the Administrator finds that the 
criteria of this section and the criteria of Sec. 63.91 are met, the 
Administrator will approve the State requirements, publish them in the 
Federal Register, and incorporate them, directly or by reference, in the 
appropriate subpart of part 63, without additional notice and 
opportunity for comment. Requirements approved under Sec. 63.95 will be 
incorporated pursuant to requirements under part 68 of this chapter.
    (2) If the Administrator finds that any one of the State adjustments 
to the Federal rule is in any way ambiguous with respect to the 
stringency of applicability, level of control, compliance and 
enforcement measures, or the compliance date for any affected

[[Page 108]]

source or emission point, the Administrator will either disapprove the 
State request or consider the request under Sec. 63.93.
    (3) Within 60 days of receiving a complete request for approval 
under this section, the Administrator will either approve or disapprove 
the State request. If approved, the change will be effective upon 
signature of the Federal Register notice.
    (4) Requirements submitted for approval under this section shall 
include either title V permits, title V general permits, Federal new 
source review permits, or State rules. Permits must already be issued to 
be used under this section.
    (5) If the State uses a permit as the basis of alternative 
requirements under this section, the relevant permit terms and 
conditions must remain applicable to the source, even if the source 
takes steps that would otherwise release it from an obligation to have a 
permit.
    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with:
    (1) A demonstration that the public within the State has had 
adequate notice and opportunity to submit written comment on the State 
requirements, and
    (2) A demonstration that each State adjustment to the Federal rule 
individually results in requirements that:
    (i) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to applicability;
    (ii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to level of control for each 
affected source and emission point;
    (iii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to compliance and enforcement 
measures for each affected source and emission point; and
    (iv) Assure compliance by every affected source no later than would 
be required by the otherwise applicable Federal rule.
    (3) State adjustments to Federal section 112 rules which may be part 
of an approved rule under this section are:
    (i) Lowering a required emission rate or de minimis level;
    (ii) Adding a design, work practice, operational standard, emission 
rate or other such requirement;
    (iii) Increasing a required control efficiency;
    (iv) Increasing the frequency of required reporting, testing, 
sampling or monitoring;
    (v) Adding to the amount of information required for records or 
reports;
    (vi) Decreasing the amount of time to come into compliance;
    (vii) Subjecting additional emission points or sources within a 
source category to control requirements;
    (viii) Any adjustments allowed in a specific section 112 rule;
    (ix) Minor editorial, formatting, and other nonsubstantive changes; 
or
    (x) Identical alternative requirements previously approved by the 
Administrator in another local agency within the same State, if 
previously noticed that the alternative requirements would be applicable 
in the jurisdiction seeking approval under this section.

[65 FR 55840, Sept. 14, 2000]