[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.08]

[Page 31-32]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of 
 
                      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 32]]

    (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]