[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR71.8]

[Page 276]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 71 - FEDERAL OPERATING PERMIT PROGRAMS--Table of Contents
 
                   Subpart A - Operating Permits
 
Sec. 71.8  Affected State review.

    (a) Notice of draft permits. When a part 71 operating permits 
program becomes effective in a State or within Indian country, the 
permitting authority shall provide notice of each draft permit to any 
affected State, as defined in Sec. 71.2 on or before the time 
that the permitting authority provides this notice to the public 
pursuant to Sec. 71.7 or Sec. 71.11(d) except to the 
extent Sec. 71.7(e)(1) or (2) requires the timing of the 
notice to be different.
    (b) Notice of refusal to accept recommendations. Prior to issuance 
of the final permit, the permitting authority shall notify any affected 
State in writing of any refusal by the permitting authority to accept 
all recommendations for the proposed permit that the affected State 
submitted during the public or affected State review period. The notice 
shall include the permitting authority's reasons for not accepting any 
such recommendation. The permitting authority is not required to accept 
recommendations that are not based on applicable requirements or the 
requirements of this part. In the case of a program delegated pursuant 
to Sec. 71.10, the permitting authority shall include such 
notice as part of the submittal of the proposed permit to the 
Administrator (or as soon as possible after the submittal for minor 
permit modification procedures allowed under Sec. 71.7(e)(1) 
or (2)).
    (c) Waiver of notice requirements. The Administrator may waive the 
requirements of paragraph (a) of this section for any category of 
sources (including any class, type, or size within such category) other 
than major sources by regulation for a category of sources nationwide.
    (d) Notice provided to Indian Tribes. The permitting authority shall 
provide notice of each draft permit to any federally recognized Indian 
Tribe:
    (1) Whose air quality may be affected by the permitting action and 
is in an area contiguous to the jurisdiction in which the part 71 permit 
is proposed; or
    (2) Is within 50 miles of the permitted source.

[61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999]