[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.22]

[Page 81-82]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
--Table of Contents
 
     Subpart B_Adoption and Submittal of State Plans for Designated 
                               Facilities
 
Sec. 60.22  Publication of guideline documents, emission guidelines, and 
final compliance times.

    (a) Concurrently upon or after proposal of standards of performance 
for the control of a designated pollutant from affected facilities, the 
Administrator will publish a draft guideline document containing 
information pertinent to control of the designated pollutant form 
designated facilities. Notice of the availability of the draft guideline 
document will be published in the Federal Register and public comments 
on its contents will be invited. After consideration of public comments 
and upon or after promulgation of standards of performance for control 
of a designated pollutant from affected facilities, a final guideline 
document will be published and notice of its availability will be 
published in the Federal Register.
    (b) Guideline documents published under this section will provide 
information for the development of State plans, such as:
    (1) Information concerning known or suspected endangerment of public 
health or welfare caused, or contributed to, by the designated 
pollutant.
    (2) A description of systems of emission reduction which, in the 
judgment of the Administrator, have been adequately demonstrated.
    (3) Information on the degree of emission reduction which is 
achievable with each system, together with information on the costs and 
environmental effects of applying each system to designated facilities.
    (4) Incremental periods of time normally expected to be necessary 
for the design, installation, and startup of identified control systems.
    (5) An emission guideline that reflects the application of the best 
system of emission reduction (considering the cost of such reduction) 
that has been adequately demonstrated for designated facilities, and the 
time within which compliance with emission standards of equivalent 
stringency can be achieved. The Administrator will specify different 
emission guidelines or compliance times or both for different sizes, 
types, and classes of designated facilities when costs of control, 
physical limitations, geographical location, or similar factors make sub 
cate gor i za tion appropriate. (6) Such other available information as 
the Administrator determines may contribute to the formulation of State 
plans.
    (c) Except as provided in paragraph (d)(1) of this section, the 
emission guidelines and compliance times referred to in paragraph (b)(5) 
of this section will be proposed for comment upon publication of the 
draft guideline document, and after consideration of comments will be 
promulgated in subpart C of this part with such modifications as may be 
appropriate.
    (d)(1) If the Administrator determines that a designated pollutant 
may cause or contribute to endangerment of public welfare, but that 
adverse effects on public health have not been demonstrated, he will 
include the determination in the draft guideline document and in the 
Federal Register notice of its availability. Except as provided in 
paragraph (d)(2) of this section, paragraph (c) of this section shall be 
inapplicable in such cases.
    (2) If the Administrator determines at any time on the basis of new 
information that a prior determination under paragraph (d)(1) of this 
section is

[[Page 82]]

incorrect or no longer correct, he will publish notice of the 
determination in the Federal Register, revise the guideline document as 
necessary under paragraph (a) of this section, and propose and 
promulgate emission guidelines and compliance times under paragraph (c) 
of this section.

[40 FR 53346, Nov. 17, 1975, as amended at 54 FR 52189, Dec. 20, 1989]