[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR72.60]

[Page 66]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 72--PERMITS REGULATION--Table of Contents
 
         Subpart F--Federal Acid Rain Permit Issuance Procedures
 
Sec. 72.60  General.


    (a) Scope. This subpart and parts 74, 76, and 78 of this chapter 
contain the procedures for federal issuance of Acid Rain permits for 
Phase I of the Acid Rain Program and Phase II for sources for which the 
Administrator is the permitting authority under Sec. 72.74.
    (1) Notwithstanding the provisions of part 71 of this chapter, the 
provisions of subparts C, D, E, F, and H of this part and of parts 74, 
76, and 78 of this chapter shall govern the following requirements for 
Acid Rain permit applications and permits: submission, content, and 
effect of permit applications; content and requirements of compliance 
plans and compliance options; content of permits and permit shield; 
procedures for determining completeness of permit applications; issuance 
of draft permits; administrative record; public notice and comment and 
public hearings on draft permits; response to comments on draft permits; 
issuance and effectiveness of permits; permit revisions; and 
administrative appeal procedures. The provisions of part 71 of this 
chapter concerning Indian tribes, delegation of a part 71 program, 
affected State review of draft permits, and public petitions to reopen a 
permit for cause shall apply to Acid Rain permit applications and 
permits.
    (2) The procedures in this subpart do not apply to the issuance of 
Acid Rain permits by State permitting authorities with operating permit 
programs approved under part 70 of this chapter, except as expressly 
provided in subpart G of this part.
    (b) Permit Decision Deadlines. Except as provided in 
Sec. 72.74(c)(1)(i), the Administrator will issue or deny an Acid Rain 
permit under Sec. 72.69(a) within 6 months of receipt of a complete Acid 
Rain permit application submitted for a unit, in accordance with 
Sec. 72.21, at the U.S. EPA Regional Office for the Region in which the 
source is located.
    (c) Use of Direct Final Procedures. The Administrator may, in his or 
her discretion, issue, as single document, a draft Acid Rain permit in 
accordance with Sec. 72.62 and an Acid Rain permit in final form and may 
provide public notice of the opportunity for public comment on the draft 
Acid Rain permit in accordance with Sec. 72.65. The Administrator may 
provide that, if no significant, adverse comment on the draft Acid Rain 
permit is timely submitted, the Acid Rain permit will be deemed to be 
issued on a specified date without further notice and, if such 
significant, adverse comment is timely submitted, an Acid Rain permit or 
denial of an Acid Rain permit will be issued in accordance with 
Sec. 72.69. Any notice provided under this paragraph (c) will include a 
description of the procedure in the prior sentence.

[62 FR 55481, Oct. 24, 1997]