[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: 40CFR76.9]

[Page 445-446]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 76--ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM--Table of Contents
 
Sec. 76.9  Permit application and compliance plans.

    (a) Duty to apply. (1) The designated representative of any source 
with an affected unit subject to this part shall submit, by the 
applicable deadline under paragraph (b) of this section, a complete Acid 
Rain permit application (or, if the unit is covered by an Acid Rain 
permit, a complete permit revision) that includes a complete compliance 
plan for NOX emissions covering the unit.
    (2) The original and three copies of the permit application and 
compliance plan for NOX emissions for Phase I shall be 
submitted to the EPA regional office for the region where the applicable 
source is located. The original and three copies of the permit 
application and compliance plan for NOX emissions

[[Page 446]]

for Phase II shall be submitted to the permitting authority.
    (b) Deadlines. (1) For a Phase I unit with a Group 1 boiler, the 
designated representative shall submit a complete permit application and 
compliance plan for NOX covering the unit during Phase I to 
the applicable permitting authority not later than May 6, 1994.
    (2) For a Phase I or Phase II unit with a Group 2 boiler or a Phase 
II unit with a Group 1 boiler, the designated representative shall 
submit a complete permit application and compliance plan for 
NOX emissions covering the unit in Phase II to the 
Administrator not later than January 1, 1998, except that early election 
units shall also submit an application not later than January 1, 1997.
    (c) Information requirements for NOX compliance plans. 
(1) In accordance with Sec. 72.40(a)(2) of this chapter, a complete 
compliance plan for NOX shall, for each affected unit 
included in the permit application and subject to this part, either 
certify that the unit will comply with the applicable emissions 
limitation under Sec. 76.5, 76.6, or 76.7 or specify one or more other 
Acid Rain compliance options for NOX in accordance with the 
requirements of this part. A complete compliance plan for NOX 
for a source shall include the following elements in a format prescribed 
by the Administrator:
    (i) Identification of the source;
    (ii) Identification of each affected unit that is at the source and 
is subject to this part;
    (iii) Identification of the boiler type of each unit;
    (iv) Identification of the compliance option proposed for each unit 
(i.e., meeting the applicable emissions limitation under Sec. 76.5, 
76.6, 76.7, 76.8 (early election), 76.10 (alternative emission 
limitation), 76.11 (NOX emissions averaging), or 76.12 (Phase 
I NOX compliance extension)) and any additional information 
required for the appropriate option in accordance with this part;
    (v) Reference to the standard requirements in Sec. 72.9 of this 
chapter (consistent with Sec. 76.8(e)(1)(i)); and
    (vi) The requirements of Secs. 72.21 (a) and (b) of this chapter.
    (2) [Reserved]
    (d) Duty to reapply. The designated representative of any source 
with an affected unit subject to this part shall submit a complete Acid 
Rain permit application, including a complete compliance plan for 
NOX emissions covering the unit, in accordance with the 
deadlines in Sec. 72.30(c) of this chapter.