[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: 40CFR60.23]



[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. 60.23  Adoption and submittal of State plans; public hearings.



    (a)(1) Unless otherwise specified in the applicable subpart, within 

9 months after notice of the availability of a final guideline document 

is published under Sec. 60.22(a), each State shall adopt and submit to 

the Administrator, in accordance with Sec. 60.4 of subpart A of this 

part, a plan for the control of the designated pollutant to which the 

guideline document applies.

    (2) Within nine months after notice of the availability of a final 

revised guideline document is published as provided in Sec. 

60.22(d)(2), each State shall adopt and submit to the Administrator



[[Page 84]]



any plan revision necessary to meet the requirements of this subpart.

    (b) If no designated facility is located within a State, the State 

shall submit a letter of certification to that effect to the 

Administrator within the time specified in paragraph (a) of this 

section. Such certification shall exempt the State from the requirements 

of this subpart for that designated pollutant.

    (c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this 

section, the State shall, prior to the adoption of any plan or revision 

thereof, conduct one or more public hearings within the State on such 

plan or plan revision.

    (2) No hearing shall be required for any change to an increment of 

progress in an approved compliance schedule unless the change is likely 

to cause the facility to be unable to comply with the final compliance 

date in the schedule.

    (3) No hearing shall be required on an emission standard in effect 

prior to the effective date of this subpart if it was adopted after a 

public hearing and is at least as stringent as the corresponding 

emission guideline specified in the applicable guideline document 

published under Sec. 60.22(a).

    (d) Any hearing required by paragraph (c) of this section shall be 

held only after reasonable notice. Notice shall be given at least 30 

days prior to the date of such hearing and shall include:

    (1) Notification to the public by prominently advertising the date, 

time, and place of such hearing in each region affected;

    (2) Availability, at the time of public announcement, of each 

proposed plan or revision thereof for public inspection in at least one 

location in each region to which it will apply;

    (3) Notification to the Administrator;

    (4) Notification to each local air pollution control agency in each 

region to which the plan or revision will apply; and

    (5) In the case of an interstate region, notification to any other 

State included in the region.

    (e) The State shall prepare and retain, for a minimum of 2 years, a 

record of each hearing for inspection by any interested party. The 

record shall contain, as a minimum, a list of witnesses together with 

the text of each presentation.

    (f) The State shall submit with the plan or revision:

    (1) Certification that each hearing required by paragraph (c) of 

this section was held in accordance with the notice required by 

paragraph (d) of this section; and

    (2) A list of witnesses and their organizational affiliations, if 

any, appearing at the hearing and a brief written summary of each 

presentation or written submission.

    (g) Upon written application by a State agency (through the 

appropriate Regional Office), the Administrator may approve State 

procedures designed to insure public participation in the matters for 

which hearings are required and public notification of the opportunity 

to participate if, in the judgment of the Administrator, the procedures, 

although different from the requirements of this subpart, in fact 

provide for adequate notice to and participation of the public. The 

Administrator may impose such conditions on his approval as he deems 

necessary. Procedures approved under this section shall be deemed to 

satisfy the requirements of this subpart regarding procedures for public 

hearings.



[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995]