[Code of Federal Regulations]

[Title 40, Volume 6]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR60.21]



[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. 60.21  Definitions.



    Terms used but not defined in this subpart shall have the meaning 

given them in the Act and in subpart A:

    (a) Designated pollutant means any air pollutant, emissions of which 

are subject to a standard of performance for new stationary sources but 

for which air quality criteria have not been



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issued, and which is not included on a list published under section 

108(a) or section 112(b)(1)(A) of the Act.

    (b) Designated facility means any existing facility (see Sec. 

60.2(aa)) which emits a designated pollutant and which would be subject 

to a standard of performance for that pollutant if the existing facility 

were an affected facility (see Sec. 60.2(e)).

    (c) Plan means a plan under section 111(d) of the Act which 

establishes emission standards for designated pollutants from designated 

facilities and provides for the implementation and enforcement of such 

emission standards.

    (d) Applicable plan means the plan, or most recent revision thereof, 

which has been approved under Sec. 60.27(b) or promulgated under Sec. 

60.27(d).

    (e) Emission guideline means a guideline set forth in subpart C of 

this part, or in a final guideline document published under Sec. 

60.22(a), which reflects the degree of emission reduction achievable 

through the application of the best system of emission reduction which 

(taking into account the cost of such reduction) the Administrator has 

determined has been adequately demonstrated for designated facilities.

    (f) Emission standard means a legally enforceable regulation setting 

forth an allowable rate of emissions into the atmosphere, or prescribing 

equipment specifications for control of air pollution emissions.

    (g) Compliance schedule means a legally enforceable schedule 

specifying a date or dates by which a source or category of sources must 

comply with specific emission standards contained in a plan or with any 

increments of progress to achieve such compliance.

    (h) Increments of progress means steps to achieve compliance which 

must be taken by an owner or operator of a designated facility, 

including:

    (1) Submittal of a final control plan for the designated facility to 

the appropriate air pollution control agency;

    (2) Awarding of contracts for emission control systems or for 

process modifications, or issuance of orders for the purchase of 

component parts to accomplish emission control or process modification;

    (3) Initiation of on-site construction or installation of emission 

control equipment or process change;

    (4) Completion of on-site construction or installation of emission 

control equipment or process change; and

    (5) Final compliance.

    (i) Region means an air quality control region designated under 

section 107 of the Act and described in part 81 of this chapter.

    (j) Local agency means any local governmental agency.



    Effective Date Note: At 70 FR 28649, May 18, 2005, Sec. 60.21 was 

amended by revising paragraphs (a) and (f); and adding paragraph (k), 

effective July 18, 2005. For the convenience of the user, the revised 

and added text is set forth as follows:



Sec. 60.21  Definitions.



                                * * * * *



    (a) Designated pollutant means any air pollutant, the emissions of 

which are subject to a standard of performance for new stationary 

sources, but for which air quality criteria have not been issued and 

that is not included on a list published under section 108(a) of the 

Act. Designated pollutant also means any air pollutant, the emissions of 

which are subject to a standard of performance for new stationary 

sources, that is on the section 112(b)(1) list and is emitted from a 

facility that is not part of a source category regulated under section 

112. Designated pollutant does not include pollutants on the section 

112(b)(1) list that are emitted from a facility that is part of a source 

category regulated under section 112.



                                * * * * *



    (f) Emission standard means a legally enforceable regulation setting 

forth an allowable rate of emissions into the atmosphere, establishing 

an allowance system, or prescribing equipment specifications for control 

of air pollution emissions.



                                * * * * *



    (k) Allowance system means a control program under which the owner 

or operator of each designated facility is required to hold an 

authorization for each specified unit of a designated pollutant emitted 

from that facility during a specified period and which limits the total 

amount of such authorizations available to be held for a designated 

pollutant for a specified period and allows the transfer of such 

authorizations not used to meet the authorization-holding requirement.



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