[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: 40CFR72.73]

[Page 73]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 72--PERMITS REGULATION--Table of Contents
 
              Subpart G--Acid Rain Phase II Implementation
 
Sec. 72.73  State issuance of Phase II permits.

    (a) State Permit Issuance. (1) A State that is authorized to 
administer and enforce an operating permit program under part 70 of this 
chapter and that has a State Acid Rain program accepted by the 
Administrator under Sec. 72.71 shall be responsible for administering 
and enforcing Acid Rain permits effective in Phase II for all affected 
sources:
    (i) That are located in the geographic area covered by the operating 
permits program; and
    (ii) To the extent that the accepted State Acid Rain program is 
applicable.
    (2) In administering and enforcing Acid Rain permits, the State 
permitting authority shall comply with the procedures for issuance, 
revision, renewal, and appeal of Acid Rain permits under this subpart.
    (b) Permit Issuance Deadline. (1) A State, to the extent that it is 
responsible under paragraph (a) of this section as of December 31, 1997 
(or such later date as the Administrator may establish) for 
administering and enforcing Acid Rain permits, shall:
    (i) On or before December 31, 1997, issue an Acid Rain permit for 
Phase II covering the affected units (other than opt-in sources) at each 
source in the geographic area for which the program is approved; 
provided that the designated representative of the source submitted a 
timely and complete Acid Rain permit application in accordance with 
Sec. 72.21.
    (ii) On or before January 1, 1999, for each unit subject to an Acid 
Rain NOX emissions limitation, amend the Acid Rain permit 
under Sec. 72.83 and add any NOX early election plan that was 
approved by the Administrator under Sec. 76.8 of this chapter and has 
not been terminated and reopen the Acid Rain permit and add any other 
Acid Rain Program nitrogen oxides requirements; provided that the 
designated representative of the affected source submitted a timely and 
complete Acid Rain permit application for nitrogen oxides in accordance 
with Sec. 72.21.
    (2) Each Acid Rain permit issued in accordance with this section 
shall have a term of 5 years commencing on its effective date; provided 
that, at the discretion of the permitting authority, the first Acid Rain 
permit for Phase II issued to a source may have a term of less than 5 
years where necessary to coordinate the term of such permit with the 
term of an operating permit to be issued to the source under a State 
operating permit program. Each Acid Rain permit issued in accordance 
with paragraph (b)(1) of this section shall take effect by the later of 
January 1, 2000, or, where the permit governs a unit under 
Sec. 72.6(a)(3) of this part, the deadline for monitor certification 
under part 75 of this chapter.

[62 FR 55483, Oct. 24, 1997]