[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: 40CFR63.93]

[Page 108-109]
 
                   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. 63.93  Approval of State requirements that substitute for a section 112 rule.

    Under this section a State may seek approval of State requirements 
which differ from a Federal section 112 rule for which they would 
substitute, such that the State requirements do not qualify for approval 
under Sec. 63.92.
    (a) Approval process. (1) After receiving a complete request for 
approval under this section and making a preliminary determination on 
its equivalence, the Administrator will seek public comment on the 
State's request for a minimum of 30 days through a Federal Register 
notice. The Administrator will require that comments be submitted 
concurrently to the State.
    (2) If, after review of public comments and any State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of this section and the criteria of Sec. 63.91 are met, the 
Administrator will

[[Page 109]]

approve the State requirements under this section, publish the approved 
requirements in the Federal Register, and incorporate them directly or 
by reference, in the appropriate subpart of part 63. Requirements 
approved under Sec. 63.95 will be incorporated pursuant to requirements 
under part 68 of this chapter.
    (3) If the Administrator finds that any of the requirements of this 
section or Sec. 63.91 have not been met, the Administrator may partially 
approve or disapprove the State requirements. For any partial approvals 
or disapprovals, the Administrator will provide the State with the basis 
for the partial approval or disapproval and what actions that State can 
take to make the requirements approvable.
    (4) Requirements submitted for approval under this section shall 
include either: State rules, title V permits, title V general permits, 
Federal new source review permits, board and administrative orders, 
permits issued pursuant to permit templates, or State operating permits. 
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 it takes steps 
that would otherwise release it from an obligation to have a permit.
    (6) Within 180 days of receiving a complete request for approval 
under this section, the Administrator will either approve, partially 
approve, or disapprove the State request.
    (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 detailed 
documentation that the State requirements contain or demonstrate:
    (1) Applicability criteria that are no less stringent than those in 
the respective Federal rule;
    (2) Levels of control (including associated performance test 
methods) and compliance and enforcement measures that result in emission 
reductions from each affected source or accidental release prevention 
program requirements for each affected source that are no less stringent 
than would result from the otherwise applicable Federal rule;
    (3) A compliance schedule that requires each affected source to be 
in compliance within a time frame consistent with the deadlines 
established in the otherwise applicable Federal rule; and
    (4) At a minimum, the approved State requirements must include the 
following compliance and enforcement measures. (For requirements 
addressing the accidental release prevention program, minimum compliance 
and enforcement provisions are described in Sec. 63.95.)
    (i) The approved requirements must include monitoring or another 
method for determining compliance.
    (ii) If a standard in the approved rule is not instantaneous, a 
maximum averaging time must be established.
    (iii) The requirements must establish an obligation to periodically 
monitor for compliance using the monitoring or another method 
established in paragraph (b)(4)(i) of this section sufficient to yield 
reliable data that are representative of the source's compliance status.

[65 FR 55841, Sept. 14, 2000]