[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: 40CFR60.26]



[Page 90-91]

 

                   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. 60.26  Legal authority.



    (a) Each plan shall show that the State has legal authority to carry 

out the plan, including authority to:

    (1) Adopt emission standards and compliance schedules applicable to 

designated facilities.

    (2) Enforce applicable laws, regulations, standards, and compliance 

schedules, and seek injunctive relief.

    (3) Obtain information necessary to determine whether designated 

facilities are in compliance with applicable laws, regulations, 

standards, and compliance schedules, including authority to require 

recordkeeping and to make inspections and conduct tests of designated 

facilities.

    (4) Require owners or operators of designated facilities to install, 

maintain, and use emission monitoring devices and to make periodic 

reports to the State on the nature and amounts of emissions from such 

facilities; also authority for the State to make such data available to 

the public as reported and as correlated with applicable emission 

standards.

    (b) The provisions of law or regulations which the State determines 

provide the authorities required by this section shall be specifically 

identified. Copies of such laws or regulations shall be submitted with 

the plan unless:

    (1) They have been approved as portions of a preceding plan 

submitted under this subpart or as portions of an implementation plan 

submitted under section 110 of the Act, and

    (2) The State demonstrates that the laws or regulations are 

applicable to the designated pollutant(s) for which the plan is 

submitted.

    (c) The plan shall show that the legal authorities specified in this 

section are available to the State at the time of submission of the 

plan. Legal authority adequate to meet the requirements of paragraphs 

(a)(3) and (4) of this section may be delegated to the State under 

section 114 of the Act.

    (d) A State governmental agency other than the State air pollution 

control agency may be assigned responsibility for carrying out a portion 

of a plan if the plan demonstrates to the Administrator's satisfaction 

that the State governmental agency has the



[[Page 91]]



legal authority necessary to carry out that portion of the plan.

    (e) The State may authorize a local agency to carry out a plan, or 

portion thereof, within the local agency's jurisdiction if the plan 

demonstrates to the Administrator's satisfaction that the local agency 

has the legal authority necessary to implement the plan or portion 

thereof, and that the authorization does not relieve the State of 

responsibility under the Act for carrying out the plan or portion 

thereof.