[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR71.21]

[Page 292]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 71_FEDERAL OPERATING PERMIT PROGRAMS--Table of Contents
 
             Subpart B_Permits for Early Reductions Sources
 
Sec. 71.21  Program overview.


    (a) The regulations in this subpart provide for a limited, Federal, 
title V, permit program to establish alternative emission limitations 
for early reductions sources that have demonstrated qualifying 
reductions of hazardous air pollutants under section 112(i)(5) of the 
Act. A permit issued under this subpart which establishes such an 
enforceable alternative emission limitation shall grant all emissions 
units in the early reductions source a six-year extension from otherwise 
applicable dates of compliance for standards promulgated under section 
112(d) of the Act.
    (b) After approval of a State's comprehensive permit program 
pursuant to title V of the Act, the Administrator may continue to issue 
specialty permits under this subpart only under the following 
circumstances:
    (1) The early reductions source filed a permit application under 
this subpart before the State obtained approval of a comprehensive title 
V permit program but the permit had not been finally issued at the time 
of State program approval; or
    (2) The early reductions source will be required to file an early 
reductions permit application under Sec. 71.24(b) before a 
comprehensive permit application is required by the State under the 
approved program.
    (c) When a circumstance described in paragraph (b)(1) or (b)(2) of 
this section occurs, the primary consideration in the Administrator's 
decision to issue a specialty permit is the degree of delay anticipated 
by deferring to the State for permit issuance.
    (d) A Permit issued to an early reductions source under this subpart 
shall have a term not to exceed five years. Such a specialty permit 
shall be incorporated into a comprehensive title V permit subsequently 
issued to the facility containing the early reductions source, without 
reopening or revision of the specialty permit except as provided in 
Sec. 71.26(e).
    (e) Issuance of a specialty permit under this subpart does not 
relieve a source from an obligation to file a timely and complete 
comprehensive permit application as required under an approved 
comprehensive title V permit program.
    (f) Delegation to other permitting authorities. (1) The 
Administrator may delegate to another permitting authority the 
responsibility to implement this permit program. Under such a 
delegation, the Administrator reserves the right to issue a final permit 
to early reductions sources that filed permit applications with the 
Administrator prior to the permitting authority obtaining delegation.
    (2) Under any delegation, the Administrator will require that the 
permitting authority have enforcement authority substantially equivalent 
to that specified in Sec. 70.11 of this chapter.
    (3) Upon any delegation, administrative appeals of permit decisions 
issuing pursuant to the delegated program shall continue to be subject 
to the requirements of Sec. 71.27(l).