[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: 40CFR72.74]

[Page 73-75]
 
                   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. 72.74  Federal issuance of Phase II permits.

    (a)(1) The Administrator will be responsible for administering and 
enforcing Acid Rain permits for Phase II for any affected sources to the 
extent that a State permitting authority is not responsible, as of 
January 1, 1997 or such later date as the Administrator may

[[Page 74]]

establish, for administering and enforcing Acid Rain permits for such 
sources under Sec. 72.73(a).
    (2) After and to the extent the State permitting authority becomes 
responsible for administering and enforcing Acid Rain permits under 
Sec. 72.73(a), the Administrator will suspend federal administration of 
Acid Rain permits for Phase II for sources and units to the extent that 
they are subject to the accepted State Acid Rain program, except as 
provided in paragraph (b)(4) of this section.
    (b)(1) The Administrator will administer and enforce Acid Rain 
permits effective in Phase II for sources and units during any period 
that the Administrator is administering and enforcing an operating 
permit program under part 71 of this chapter for the geographic area in 
which the sources and units are located.
    (2) The Administrator will administer and enforce Acid Rain permits 
effective in Phase II for sources and units otherwise subject to a State 
Acid Rain program under Sec. 72.73(a) if:
    (i) The Administrator determines that the State permitting authority 
is not adequately administering or enforcing all or a portion of the 
State Acid Rain program, notifies the State permitting authority of such 
determination and the reasons therefore, and publishes such notice in 
the Federal Register;
    (ii) The State permitting authority fails either to correct the 
deficiencies within a reasonable period (established by the 
Administrator in the notice under paragraph (b)(2)(i) of this section) 
after issuance of the notice or to take significant action to assure 
adequate administration and enforcement of the program within a 
reasonable period (established by the Administrator in the notice) after 
issuance of the notice; and
    (iii) The Administrator publishes in the Federal Register a notice 
that he or she will administer and enforce Acid Rain permits effective 
in Phase II for sources and units subject to the State Acid Rain program 
or a portion of the program. The effective date of such notice shall be 
a reasonable period (established by the Administrator in the notice) 
after the issuance of the notice.
    (3) When the Administrator administers and enforces Acid Rain 
permits under paragraph (b)(1) or (b)(2) of this section, the 
Administrator will administer and enforce each Acid Rain permit issued 
under the State Acid Rain program or portion of the program until, and 
except to the extent that, the permit is replaced by a permit issued 
under this section. After the later of the date for publication of a 
notice in the Federal Register that the State operating permit program 
is currently approved by the Administrator or that the State Acid Rain 
program or portion of the program is currently accepted by the 
Administrator, the Administrator will suspend federal administration of 
Acid Rain permits effective in Phase II for sources and units to the 
extent that they are subject to the State Acid Rain program or portion 
of the program, except as provided in paragraph (b)(4) of this section.
    (4) After the State permitting authority becomes responsible for 
administering and enforcing Acid Rain permits effective in Phase II 
under Sec. 72.73(a), the Administrator will continue to administer and 
enforce each Acid Rain permit issued under paragraph (a)(1), (b)(1), or 
(b)(2) of this section until, and except to the extent that, the permit 
is replaced by a permit issued under the State Acid Rain program. The 
State permitting authority may replace an Acid Rain permit issued under 
paragraph (a)(1), (b)(1), or (b)(2) of this section by issuing a permit 
under the State Acid Rain program by the expiration of the permit under 
paragraph (a)(1), (b)(1), or (b)(2) of this section. The Administrator 
may retain jurisdiction over the Acid Rain permits issued under 
paragraph (a)(1), (b)(1), or (b)(2) of this section for which the 
administrative or judicial review process is not complete and will 
address such retention of jurisdiction in a notice in the Federal 
Register.
    (c) Permit Issuance Deadline. (1)(i) On or before January 1, 1998, 
the Administrator will issue an Acid Rain permit for Phase II setting 
forth the Acid Rain Program sulfur dioxide requirements for each 
affected unit (other than opt-in sources) at a source not under the

[[Page 75]]

jurisdiction of a State permitting authority that is responsible, as of 
January 1, 1997 (or such later date as the Administrator may establish), 
under Sec. 72.73(a) of this section for administering and enforcing Acid 
Rain permits with such requirements; provided that the designated 
representative for the source submitted a timely and complete Acid Rain 
permit application in accordance with Sec. 72.21. The failure by the 
Administrator to issue a permit in accordance with this paragraph shall 
be grounds for the filing of an appeal under part 78 of this chapter.
    (ii) Each Acid Rain permit issued in accordance with this section 
shall have a term of 5 years commencing on its effective date. Each Acid 
Rain permit issued in accordance with paragraph (c)(1)(i) of this 
section shall take effect by the later of January 1, 2000 or, where a 
permit governs a unit under Sec. 72.6(a)(3), the deadline for monitor 
certification under part 75 of this chapter.
    (2) Nitrogen Oxides. Not later than 6 months following submission by 
the designated representative of an Acid Rain permit application for 
nitrogen oxides, the Administrator will amend under Sec. 72.83 the Acid 
Rain permit and add any NOX early election plan that was 
approved under Sec. 76.8 of this chapter and has not been terminated and 
reopen the Acid Rain permit for Phase II and add any other Acid Rain 
Program nitrogen oxides requirements for each affected source not under 
the jurisdiction of a State permitting authority that is responsible, as 
of January 1, 1997 (or such later date as the Administrator may 
establish), under Sec. 72.73(a) for issuing Acid Rain permits with such 
requirements; provided that the designated representative for the source 
submitted a timely and complete Acid Rain permit application for 
nitrogen oxides in accordance with Sec. 72.21.
    (d) Permit Issuance. (1) The Administrator may utilize any or all of 
the provisions of subparts E and F of this part to administer Acid Rain 
permits as authorized under this section or may adopt by rulemaking 
portions of a State Acid Rain program in substitution of or in addition 
to provisions of subparts E and F of this part to administer such 
permits. The provisions of Acid Rain permits for Phase I or Phase II 
issued by the Administrator shall not be applicable requirements under 
part 70 of this chapter.
    (2) The Administrator may delegate all or part of his or her 
responsibility, under this section, for administering and enforcing 
Phase II Acid Rain permits or opt-in permits to a State. Such delegation 
will be made consistent with the requirements of this part and the 
provisions governing delegation of a part 71 program under part 71 of 
this chapter.

[62 FR 55483, Oct. 24, 1997]