[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: 40CFR60.22]



[Page 83]

 

                   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 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]