[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: 40CFR63.93]



[Page 112-113]

 

                   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.  63.93  Approval of State requirements that substitute for a section 

112 rule.



    Under this section a State may seek approval of State requirements 

which differ from a Federal section 112 rule for which they would 

substitute, such that the State requirements do not qualify for approval 

under Sec.  63.92.

    (a) Approval process. (1) After receiving a complete request for 

approval under this section and making a preliminary determination on 

its equivalence, the Administrator will seek public comment on the 

State's request for a minimum of 30 days through a Federal Register 

notice. The Administrator will require that comments be submitted 

concurrently to the State.

    (2) If, after review of public comments and any State responses to 

comments submitted to the Administrator,



[[Page 113]]



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 under this section, publish the approved requirements 

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

in the appropriate subpart of part 63. Requirements approved under Sec.  

63.95 will be incorporated pursuant to requirements under part 68 of 

this chapter.

    (3) If the Administrator finds that any of the requirements of this 

section or Sec.  63.91 have not been met, the Administrator may 

partially approve or disapprove the State requirements. For any partial 

approvals or disapprovals, the Administrator will provide the State with 

the basis for the partial approval or disapproval and what actions that 

State can take to make the requirements approvable.

    (4) Requirements submitted for approval under this section shall 

include either: State rules, title V permits, title V general permits, 

Federal new source review permits, board and administrative orders, 

permits issued pursuant to permit templates, or State operating permits. 

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 it takes steps 

that would otherwise release it from an obligation to have a permit.

    (6) Within 180 days of receiving a complete request for approval 

under this section, the Administrator will either approve, partially 

approve, or disapprove the State request.

    (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 detailed 

documentation that the State requirements contain or demonstrate:

    (1) Applicability criteria that are no less stringent than those in 

the respective Federal rule;

    (2) Levels of control (including associated performance test 

methods) and compliance and enforcement measures that result in emission 

reductions from each affected source or accidental release prevention 

program requirements for each affected source that are no less stringent 

than would result from the otherwise applicable Federal rule;

    (3) A compliance schedule that requires each affected source to be 

in compliance within a time frame consistent with the deadlines 

established in the otherwise applicable Federal rule; and

    (4) At a minimum, the approved State requirements must include the 

following compliance and enforcement measures. (For requirements 

addressing the accidental release prevention program, minimum compliance 

and enforcement provisions are described in Sec.  63.95.)

    (i) The approved requirements must include monitoring or another 

method for determining compliance.

    (ii) If a standard in the approved rule is not instantaneous, a 

maximum averaging time must be established.

    (iii) The requirements must establish an obligation to periodically 

monitor for compliance using the monitoring or another method 

established in paragraph (b)(4)(i) of this section sufficient to yield 

reliable data that are representative of the source's compliance status.



[65 FR 55841, Sept. 14, 2000]