[Code of Federal Regulations]

[Title 40, Volume 8]

[Revised as of July 1, 2006]

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

[CITE: 40CFR61.08]



[Page 33-34]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table 

of Contents

 

                      Subpart A_General Provisions

 

Sec.  61.08  Approval of construction or modification.



    (a) The Administrator will notify the owner or operator of approval 

or intention to deny approval of construction or modification within 60 

days after receipt of sufficient information to evaluate an application 

under Sec.  61.07.

    (b) If the Administrator determines that a stationary source for 

which an application under Sec.  61.07 was submitted will not cause 

emissions in violation of a standard if properly operated, the 

Administrator will approve the construction or modification.



[[Page 34]]



    (c) Before denying any application for approval of construction or 

modification, the Administrator will notify the applicant of the 

Administrator's intention to issue the denial together with--

    (1) Notice of the information and findings on which the intended 

denial is based; and

    (2) Notice of opportunity for the applicant to present, within such 

time limit as the Administrator shall specify, additional information or 

arguments to the Administrator before final action on the application.

    (d) A final determination to deny any application for approval will 

be in writing and will specify the grounds on which the denial is based. 

The final determination will be made within 60 days of presentation of 

additional information or arguments, or 60 days after the final date 

specified for presentation if no presentation is made.

    (e) Neither the submission of an application for approval nor the 

Administrator's approval of construction or modification shall--

    (1) Relieve an owner or operator of legal responsibility for 

compliance with any applicable provisions of this part or of any other 

applicable Federal, State, or local requirement; or

    (2) Prevent the Administrator from implementing or enforcing this 

part or taking any other action under the Act.



[50 FR 46291, Nov. 7, 1985]