[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: 40CFR60.24]

[Page 83-84]
 
                   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. 60.24  Emission standards and compliance schedules.

    (a) Each plan shall include emission standards and compliance 
schedules.
    (b)(1) Emission standards shall prescribe allowable rates of 
emissions except when it is clearly impracticable. Such cases will be 
identified in the guideline documents issued under Sec. 60.22. Where 
emission standards prescribing equipment specifications are established, 
the plan shall, to the degree possible, set forth the emission 
reductions achievable by implementation of such specifications, and may 
permit compliance by the use of equipment determined by the State to be 
equivalent to that prescribed.
    (2) Test methods and procedures for determining compliance with the 
emission standards shall be specified in the plan. Methods other than 
those specified in appendix A to this part may be specified in the plan 
if shown to be equivalent or alternative methods as defined in Sec. 
60.2 (t) and (u).
    (3) Emission standards shall apply to all designated facilities 
within the State. A plan may contain emission standards adopted by local 
jurisdictions provided that the standards are enforceable by the State.
    (c) Except as provided in paragraph (f) of this section, where the 
Administrator has determined that a designated pollutant may cause or 
contribute to endangerment of public health, emission standards shall be 
no less stringent than the corresponding emission guideline(s) specified 
in subpart C of this part, and final compliance shall be required as 
expeditiously as practicable but no later than the compliance times 
specified in subpart C of this part.
    (d) Where the Administrator has determined that a designated 
pollutant may cause or contribute to endangerment of public welfare but 
that adverse effects on public health have not been demonstrated, States 
may balance the emission guidelines, compliance times, and other 
information provided in the applicable guideline document against other 
factors of public concern in establishing emission standards, compliance 
schedules, and variances. Appropriate consideration shall be given to 
the factors specified in Sec. 60.22(b) and to information presented at 
the public hearing(s) conducted under Sec. 60.23(c).
    (e)(1) Any compliance schedule extending more than 12 months from 
the date required for submittal of the plan must include legally 
enforceable increments of progress to achieve compliance for each 
designated facility or category of facilities. Unless otherwise 
specified in the applicable subpart, increments of progress must 
include, where practicable, each increment of progress specified in 
Sec. 60.21(h) and must include such additional increments of progress 
as may be necessary to permit close and effective supervision of 
progress toward final compliance.
    (2) A plan may provide that compliance schedules for individual 
sources or categories of sources will be formulated after plan 
submittal. Any such schedule shall be the subject of a public hearing 
held according to Sec. 60.23 and shall be submitted to the 
Administrator within 60 days after the date of adoption of the schedule 
but in no case later than the date prescribed for submittal of the first 
semiannual report required by Sec. 60.25(e).
    (f) Unless otherwise specified in the applicable subpart on a case-
by-case basis for particular designated facilities or classes of 
facilities, States may provide for the application of less stringent 
emissions standards or longer compliance schedules than those otherwise 
required by paragraph (c) of this section, provided that the State 
demonstrates with respect to each such facility (or class of 
facilities):
    (1) Unreasonable cost of control resulting from plant age, location, 
or basic process design;
    (2) Physical impossibility of installing necessary control 
equipment; or
    (3) Other factors specific to the facility (or class of facilities) 
that make application of a less stringent standard or final compliance 
time significantly more reasonable.

[[Page 84]]

    (g) Nothing in this subpart shall be construed to preclude any State 
or political subdivision thereof from adopting or enforcing (1) emission 
standards more stringent than emission guidelines specified in subpart C 
of this part or in applicable guideline documents or (2) compliance 
schedules requiring final compliance at earlier times than those 
specified in subpart C or in applicable guideline documents.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995; 
65 FR 76384, Dec. 6, 2000]