[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: 40CFR74.14]
[Page 180-181]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 74--SULFUR DIOXIDE OPT-INS--Table of Contents
Subpart B--Permitting Procedures
Sec. 74.14 Opt-in permit process.
(a) Submission. The designated representative of a combustion or
process source may submit an opt-in permit application and a monitoring
plan to the Administrator at any time for any combustion or process
source that is operating.
(b) Issuance or denial of opt-in permits. The permitting authority
shall issue or deny opt-in permits or revisions of opt-in permits in
accordance with the procedures in parts 70 and 71 of this chapter and
subparts F and G of part 72 of this chapter, except as provided in this
section.
(1) Supplemental information. Regardless of whether the opt-in
permit application is complete, the Administrator or the permitting
authority may request submission of any additional information that the
Administrator or the permitting authority determines to be necessary in
order to review the opt-in permit application or to issue an opt-in
permit.
(2) Interim review of monitoring plan. The Administrator will
determine, on an interim basis, the sufficiency of the monitoring plan,
accompanying the opt-in permit application. A monitoring plan is
sufficient, for purposes of interim review, if the plan appears to
contain information demonstrating that all SO2 emissions,
NOx emissions, CO2 emissions, and opacity of the
combustion or process source are monitored and reported in accordance
with part 75 of this chapter. This interim review of sufficiency shall
not be construed as the approval or disapproval of the combustion or
process source's monitoring system.
(3) Issuance of draft opt-in permit. After the Administrator
determines whether the combustion or process source's monitoring plan is
sufficient under paragraph (b)(2) of this section, the permitting
authority shall serve the draft opt-in permit or the denial of a draft
permit or the draft opt-in permit revisions or the denial of draft opt-
in permit revisions on the designated representative of the combustion
or process source submitting an opt-in permit application. A draft
permit or draft opt-in permit revision shall not be served or issued if
the monitoring plan is determined not to be sufficient.
(4) Confirmation by source of intention to opt-in. Within 21
calendar days from the date of service of the draft opt-in permit or the
denial of the draft opt-in permit, the designated representative of a
combustion or process source submitting an opt-in permit application
must submit to the Administrator, in writing, a confirmation or recision
of the source's intention to become an opt-in source under this part.
The Administrator shall treat the failure to make a timely submission as
a recision of the source's intention to become an opt-in source and as a
withdrawal of the opt-in permit application.
(5) Issuance of draft opt-in permit. If the designated
representative confirms the combustion or process source's intention to
opt in under paragraph (b)(4) of this section, the permitting authority
will give notice of the draft opt-in permit or denial of the draft opt-
in permit and an opportunity for public comment, as provided under
Sec. 72.65 of this chapter with regard to a draft permit or denial of a
draft permit if the Administrator is the permitting authority or as
provided in accordance with part 70 of this chapter with regard to a
draft permit or the denial of a draft permit if the State is the
permitting authority.
(6) Permit decision deadlines. (i) If the Administrator is the
permitting authority, an opt-in permit will be issued or denied within
12 months of receipt of a complete opt-in permit application.
(ii) If the State is the permitting authority, an opt-in permit will
be issued or denied within 18 months of receipt of a complete opt-in
permit application or
[[Page 181]]
such lesser time approved for operating permits under part 70 of this
chapter.
(7) Withdrawal of opt-in permit application. A combustion or process
source may withdraw its opt-in permit application at any time prior to
the issuance of the final opt-in permit. Once a combustion or process
source withdraws its application, in order to re-apply, it must submit a
new opt-in permit application in accordance with Sec. 74.16 for
combustion sources or Sec. 74.17 for process sources.
(c) [Reserved]
(d) Entry into Acid Rain Program--(1) Effective date. The effective
date of the opt-in permit shall be the January 1, April 1, July 1, or
October 1 for a combustion or process source providing monthly data
under Sec. 74.20, or January 1 for a combustion or process source
providing annual data under Sec. 74.20, following the later of the
issuance of the opt-in permit by the permitting authority or the
completion of monitoring system certification, as provided in subpart F
of this part for combustion sources or subpart G of this part for
process sources. The combustion or process source shall become an opt-in
source and an affected unit as of the effective date of the opt-in
permit.
(2) Allowance allocation. After the opt-in permit becomes effective,
the Administrator will allocate allowances to the opt-in source as
provided in Sec. 74.40. If the effective date of the opt-in permit is
not January 1, allowances for the first year shall be pro-rated as
provided in Sec. 74.28.
(e) Expiration of opt-in permit. An opt-in permit that is issued
before the completion of monitoring system certification under subpart F
of this part for combustion sources or under subpart G of this part for
process sources shall expire 180 days after the permitting authority
serves the opt-in permit on the designated representative of the
combustion or process source governed by the opt-in permit, unless such
monitoring system certification is complete. The designated
representative may petition the Administrator to extend this time period
in which an opt-in permit expires and must explain in the petition why
such an extension should be granted. The designated representative of a
combustion source governed by an expired opt-in permit and that seeks to
become an opt-in source must submit a new opt-in permit application.
[60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998]