[Code of Federal Regulations]

[Title 40, Volume 9]

[Revised as of July 1, 2006]

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

[CITE: 40CFR63.92]



[Page 111-112]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR 

SOURCE CATEGORIES--Table of Contents

 

     Subpart E_Approval of State Programs and Delegation of Federal 

                               Authorities

 

Sec.  63.92  Approval of State requirements that adjust a section 112 

rule.



    Under this section a State may seek approval of State requirements 

that make pre-approved adjustments to a Federal section 112 rule, 

emission standard, or requirement that are unambiguously no less 

stringent than the Federal rule, emission standard, or requirement.

    (a) Approval process. (1) If the Administrator finds that the 

criteria of this section and the criteria of Sec.  63.91 are met, the 

Administrator will approve the State requirements, publish them in the 

Federal Register, and incorporate them, directly or by reference, in the 

appropriate subpart of part 63, without additional notice and 

opportunity for comment. Requirements approved under Sec.  63.95 will be 

incorporated pursuant to requirements under part 68 of this chapter.

    (2) If the Administrator finds that any one of the State adjustments 

to the Federal rule is in any way ambiguous with respect to the 

stringency of



[[Page 112]]



applicability, level of control, compliance and enforcement measures, or 

the compliance date for any affected source or emission point, the 

Administrator will either disapprove the State request or consider the 

request under Sec.  63.93.

    (3) Within 60 days of receiving a complete request for approval 

under this section, the Administrator will either approve or disapprove 

the State request. If approved, the change will be effective upon 

signature of the Federal Register notice.

    (4) Requirements submitted for approval under this section shall 

include either title V permits, title V general permits, Federal new 

source review permits, or State rules. Permits must already be issued to 

be used under this section.

    (5) If the State uses a permit as the basis of alternative 

requirements under this section, the relevant permit terms and 

conditions must remain applicable to the source, even if the source 

takes steps that would otherwise release it from an obligation to have a 

permit.

    (b) Criteria for approval. Any request for approval under this 

section shall meet all of the criteria of this section and Sec.  63.91 

before approval. The State shall provide the Administrator with:

    (1) A demonstration that the public within the State has had 

adequate notice and opportunity to submit written comment on the State 

requirements, and

    (2) A demonstration that each State adjustment to the Federal rule 

individually results in requirements that:

    (i) Are unequivocally no less stringent than the otherwise 

applicable Federal rule with respect to applicability;

    (ii) Are unequivocally no less stringent than the otherwise 

applicable Federal rule with respect to level of control for each 

affected source and emission point;

    (iii) Are unequivocally no less stringent than the otherwise 

applicable Federal rule with respect to compliance and enforcement 

measures for each affected source and emission point; and

    (iv) Assure compliance by every affected source no later than would 

be required by the otherwise applicable Federal rule.

    (3) State adjustments to Federal section 112 rules which may be part 

of an approved rule under this section are:

    (i) Lowering a required emission rate or de minimis level;

    (ii) Adding a design, work practice, operational standard, emission 

rate or other such requirement;

    (iii) Increasing a required control efficiency;

    (iv) Increasing the frequency of required reporting, testing, 

sampling or monitoring;

    (v) Adding to the amount of information required for records or 

reports;

    (vi) Decreasing the amount of time to come into compliance;

    (vii) Subjecting additional emission points or sources within a 

source category to control requirements;

    (viii) Any adjustments allowed in a specific section 112 rule;

    (ix) Minor editorial, formatting, and other nonsubstantive changes; 

or

    (x) Identical alternative requirements previously approved by the 

Administrator in another local agency within the same State, if 

previously noticed that the alternative requirements would be applicable 

in the jurisdiction seeking approval under this section.



[65 FR 55840, Sept. 14, 2000]