[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: 40CFR62.02]



[Page 356]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 62_APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 

FACILITIES AND POLLUTANTS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  62.02  Introduction.



    (a) This part sets forth the Administrator's approval and 

disapproval of State plans for the control of pollutants and facilities 

under section 111(d), and section 129 as applicable, of the Act, and the 

Administrator's promulgation of such plans or portions of plans thereof. 

Approval of a plan or any portion of a plan is based on a determination 

by the Administrator that it meets the requirements of section 111(d), 

and section 129 as applicable, of the Act and provisions of part 60 of 

this chapter.

    (b)(1) If a State does not submit a complete, approvable plan, the 

Administrator may then promulgate a substitute plan or part of a plan. 

The promulgated provision, plus the approved parts of the State plan, 

constitute the applicable plan for purposes of the act.

    (2) The part 60 subpart A of this chapter general provisions and 

appendices to part 60 apply to part 62, except as follows: 40 CFR 

60.7(a)(1), 60.7(a)(3), and 60.8(a) and where special provisions set 

forth under the applicable subpart of this part shall apply instead of 

any conflicting provisions.

    (c) The Administrator will promulgate substitute provisions for the 

disapproved regulatory provisions only. If a nonregulatory provision is 

disapproved, however, it will be noted in this part and a detailed 

explanation will be sent to the State.

    (d) All approved regulatory provisions of each plan are incorporated 

by reference in this part. Section 62.12 provides information on 

availability of applicable plans. The Administrator and State and local 

agencies shall enforce (1) regulatory provisions of a plan approved or 

promulgated by the Administrator, and (2) all permit conditions or 

denials issued in carrying out the approved or promulgated regulations 

for the review of designated facilities.

    (e) Each State's plan is dealt with in a separate subpart, with 

separate headings for different pollutants and facilities. The plans 

shall include an introductory section identifying the plan by name and 

the date of its submittal. Additional sections are included as necessary 

to specifically identify disapproved provisions, to set forth reasons 

for disapproval, and to set forth provisions of the plan promulgated by 

the Administrator. Except as otherwise specified, all supplemental 

information submitted to the Administrator with respect to any plan has 

been submitted by the Governor of the State.

    (f) Revisions to applicable plans will be included in this part when 

approved or promulgated by the Administrator.

    (g) Substitute plans promulgated by the Administrator for States 

that do not have approved plans are contained in separate subparts that 

appear after the subparts for States. These Federal plans include 

sections identifying the applicability of the plan, emission limits, 

compliance schedules, recordkeeping and reporting, performance testing, 

and monitoring requirements.



[43 FR 51393, Nov. 3, 1978, as amended at 63 FR 63201, Nov. 12, 1998; 68 

FR 5158, Jan. 31, 2003]