cfr_sections
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19 rows where part_number = 71 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:17.0.1.1.8.1.1.1 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.1 Program overview. | EPA | (a) This part sets forth the comprehensive Federal air quality operating permits permitting program consistent with the requirements of title V of the Act (42 U.S.C. 7401 et seq. ) and defines the requirements and the corresponding standards and procedures by which the Administrator will issue operating permits. This permitting program is designed to promote timely and efficient implementation of goals and requirements of the Act. (b) All sources subject to the operating permit requirements of title V and this part shall have a permit to operate that assures compliance by the source with all applicable requirements. (c) The requirements of this part, including provisions regarding schedules for submission and approval or disapproval of permit applications, shall apply to the permitting of affected sources under the acid rain program, except as provided herein or as modified by title IV of the Act and 40 CFR parts 72 through 78. (d) Issuance of permits under this part may be coordinated with issuance of permits under the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq. ) and under the Clean Water Act (33 U.S.C. 1251 et seq. ), whether issued by the State, the U.S. Environmental Protection Agency (EPA), or the U.S. Army Corps of Engineers. (e) Nothing in this part shall prevent a State from administering an operating permits program and establishing more stringent requirements not inconsistent with the Act. | ||||
| 40:40:17.0.1.1.8.1.1.10 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.10 Delegation of part 71 program. | EPA | [61 FR 34228, July 1, 1996, as amended at 70 FR 59887, Oct. 13, 2005] | (a) Delegation of part 71 program. The Administrator may delegate, in whole or in part, with or without signature authority, the authority to administer a part 71 operating permits program to a State, eligible Tribe, local, or other non-State agency in accordance with the provisions of this section. In order to be delegated authority to administer a part 71 program, the delegate agency must submit a legal opinion from the Attorney General from the State, or the attorney for the State, local, interstate, or eligible Tribal agency that has independent legal counsel, stating that the laws of the State, locality, interstate compact or Indian Tribe provide adequate authority to carry out all aspects of the delegated program. A Delegation of Authority Agreement (Agreement) shall set forth the terms and conditions of the delegation, shall specify the provisions that the delegate agency shall be authorized to implement, and shall be entered into by the Administrator and the delegate agency. The Agreement shall become effective upon the date that both the Administrator and the delegate agency have signed the Agreement. Once delegation becomes effective, the delegate agency will be responsible, to the extent specified in the Agreement, for administering the part 71 program for the area subject to the Agreement. Delegate agencies that choose to receive electronic documents as part of their delegated program must satisfy the requirements of 40 CFR part 3—(Electronic reporting). (b) Publication of Notice of Delegation of Authority Agreement. The Administrator shall publish a notice in the Federal Register informing the public of any delegation of a portion of the part 71 program to a State, eligible Tribe, or local agency. (c) Revision or revocation of Delegation of Authority Agreement. An Agreement may be modified, amended, or revoked, in part or in whole, by the Administrator after consultation with the delegate agency. (d) Transmission of information to the Administrator. (1) When a part 71 program has been de… | |||
| 40:40:17.0.1.1.8.1.1.11 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.11 Administrative record, public participation, and administrative review. | EPA | [61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999; 81 FR 71630, Oct. 18, 2016; 85 FR 51656. Aug. 21, 2020] | The provisions of this section shall apply to all permit proceedings. Notwithstanding the preceding sentence, paragraphs (a) through (h) and paragraph (j) of this section shall not apply to permit revisions qualifying as minor permit modifications or administrative amendments, except that public notice of the granting of appeals of such actions under paragraph (l)(3) of this section shall be provided pursuant to paragraph (d)(1)(i)(E) of this section, and except that affected States shall be provided notice of minor permit modifications under § 71.8 as pursuant to paragraph (d)(3)(i)(B) of this section. (a) Draft permits. (1) The permitting authority shall promptly provide notice to the applicant of whether the application is complete pursuant to § 71.7(a)(3). (2) Once an application for an initial permit, permit revision, or permit renewal is complete, the permitting authority shall decide whether to prepare a draft permit or to deny the application. (3) If the permitting authority initially decides to deny the permit application, it shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit and follows the same procedures as any draft permit prepared under this section. If the permitting authority's final decision is that the initial decision to deny the permit application was incorrect, it shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (a)(4) of this section. (4) If the permitting authority decides to prepare a draft permit, it shall prepare a draft permit that contains the permit conditions required under § 71.6. (5) All draft permits prepared under this section shall be publicly noticed and made available for public comment. (b) Statement of basis. The permitting authority shall prepare a statement of basis for every draft permit subject to this section. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case … | |||
| 40:40:17.0.1.1.8.1.1.12 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.12 Prohibited acts. | EPA | Violations of any applicable requirement; any permit term or condition; any fee or filing requirement; any duty to allow or carry out inspection, entry, or monitoring activities; or any regulation or order issued by the permitting authority pursuant to this part are violations of the Act and are subject to full Federal enforcement authorities available under the Act. | ||||
| 40:40:17.0.1.1.8.1.1.2 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.2 Definitions. | EPA | [61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999; 69 FR 31505, June 2, 2004; 72 FR 24078, May 1, 2007; 74 FR 51439, Oct. 6, 2009; 75 FR 31608, June 3, 2010; 76 FR 43507, July 20, 2011; 80 FR 12319, Mar. 6, 2015; 80 FR 64659, Oct. 23, 2015; 81 FR 35633, June 3, 2016] | The following definitions apply to part 71. Except as specifically provided in this section, terms used in this part retain the meaning accorded them under the applicable requirements of the Act. Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. Affected source shall have the meaning given to it in 40 CFR 72.2. Affected States are: (1) All States and areas within Indian country subject to a part 70 or part 71 program whose air quality may be affected and that are contiguous to the State or the area within Indian country in which the permit, permit modification, or permit renewal is being proposed; or that are within 50 miles of the permitted source. A Tribe shall be treated in the same manner as a State under this paragraph (1) only if EPA has determined that the Tribe is an eligible Tribe. (2) The State or area within Indian country subject to a part 70 or part 71 program in which a part 71 permit, permit modification, or permit renewal is being proposed. A Tribe shall be treated in the same manner as a State under this paragraph (2) only if EPA has determined that the Tribe is an eligible Tribe. (3) Those areas within the jurisdiction of the air pollution control agency for the area in which a part 71 permit, permit modification, or permit renewal is being proposed. Affected unit shall have the meaning given to it in 40 CFR 72.2. Alternative operating scenario (AOS) means a scenario authorized in a part 71 permit that involves a change at the part 71 source for a particular emissions unit, and that either results in the unit being subject to one or more applicable requirements which differ from those applicable to the emissions unit prior to implementation of the change or renders inapplicable one or more requirements previously applicable to the emissions unit prior to implementation of the change. Applicable requirement means all of the following as they apply to emissions units in a part 71 source (including requirements that have been promulgated or approved by EPA through rule… | |||
| 40:40:17.0.1.1.8.1.1.3 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.3 Sources subject to permitting requirements. | EPA | [61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999; 70 FR 75346, Dec. 19, 2005] | (a) Part 71 sources. The following sources are subject to the permitting requirements under this part: (1) Any major source; (2) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act; (3) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act; (4) Any affected source; and (5) Any source in a source category designated by the Administrator pursuant to this section. (b) Source category exemptions. (1) All sources listed in paragraph (a) of this section that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act are exempted from the obligation to obtain a part 71 permit until such time as the Administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in paragraph (b)(4) of this section. (2) In the case of nonmajor sources subject to a standard or other requirement under either section 111 or 112 of the Act after July 21, 1992 publication, the Administrator will determine whether to exempt any or all such applicable sources from the requirement to obtain a part 70 or part 71 permit at the time that the new standard is promulgated. (3) [Reserved] (4) The following source categories are exempted from the obligation to obtain a part 71 permit: (i) All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR part 60, subpart AAA—-Standards of Performance for New Residential Wood Heaters; and (ii) All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR part 61, subpart M—National Emission Standard for Haz… | |||
| 40:40:17.0.1.1.8.1.1.4 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.4 Program implementation. | EPA | [61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999; 67 FR 38330, June 3, 2002; 81 FR 71630, Oct. 18, 2016] | (a) Part 71 programs for States. The Administrator will administer and enforce a full or partial operating permits program for a State (excluding Indian country) in the following situations: (1) A program for a State meeting the requirements of part 70 of this chapter has not been granted full approval under § 70.4 of this chapter by the Administrator by July 31, 1996, and the State's part 70 program has not been granted interim approval under § 70.4(d) of this chapter for a period extending beyond July 31, 1996. The effective date of such a part 71 program is July 31, 1996. (2) An operating permits program for a State which was granted interim approval under § 70.4(d) of this chapter has not been granted full approval by the Administrator by the expiration of the interim approval period or July 31, 1996, whichever is later. Such a part 71 program shall be effective upon expiration of the interim approval or July 31, 1996 whichever is later. (3) Any partial part 71 program will be effective only in those portions of a State that are not covered by a partial part 70 program that has been granted full or interim approval by the Administrator pursuant to § 70.4(c) of this chapter. (b) Part 71 programs for Indian country. The Administrator will administer and enforce an operating permits program in Indian country, as defined in § 71.2, when an operating permits program which meets the requirements of part 70 of this chapter has not been explicitly granted full or interim approval by the Administrator for Indian country. (1) [Reserved] (2) The effective date of a part 71 program in Indian country shall be March 22, 1999. (3) Notwithstanding paragraph (i)(2) of this section, within 2 years of the effective date of the part 71 program in Indian country, the Administrator shall take final action on permit applications from part 71 sources that are submitted within the first full year after the effective date of the part 71 program. (c) Part 71 programs imposed due to inadequate implementation. (1) The Admin… | |||
| 40:40:17.0.1.1.8.1.1.5 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.5 Permit applications. | EPA | [61 FR 34228, July 1, 1996, as amended at 74 FR 51439, Oct. 6, 2009] | (a) Duty to apply. For each part 71 source, the owner or operator shall submit a timely and complete permit application in accordance with this section. (1) Timely application. (i) A timely application for a source which does not have an existing operating permit issued by a State under the State's approved part 70 program and is applying for a part 71 permit for the first time is one that is submitted within 12 months after the source becomes subject to the permit program or on or before such earlier date as the permitting authority may establish. Sources required to submit applications earlier than 12 months after the source becomes subject to the permit program will be notified of the earlier submittal date at least 6 months in advance of the date. (ii) Part 71 sources required to meet the requirements under section 112(g) of the Act, or to have a permit under the preconstruction review program approved into the applicable implementation plan under part C or D of title I of the Act, shall file a complete application to obtain the part 71 permit or permit revision within 12 months after commencing operation or on or before such earlier date as the permitting authority may establish. Sources required to submit applications earlier than 12 months after the source becomes subject to the permit program will be notified of the earlier submittal date at least 6 months in advance of the date. Where an existing part 70 or 71 permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation. (iii) For purposes of permit renewal, a timely application is one that is submitted at least 6 months but not more that 18 months prior to expiration of the part 70 or 71 permit. (iv) Applications for initial phase II acid rain permits shall be submitted to the permitting authority by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides. (2) Complete application. To be deemed complete, an application must provide all information r… | |||
| 40:40:17.0.1.1.8.1.1.6 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.6 Permit content. | EPA | [61 FR 34228, July 1, 1996, as amended at 62 FR 54947, Oct. 22, 1997; 66 FR 12876, Mar. 1, 2001; 66 FR 55885, Nov. 5, 2001; 68 FR 38523, June 27, 2003; 74 FR 51440, Oct. 6, 2009; 79 FR 43667, July 28, 2014; 88 FR 47054, July 21, 2023] | (a) Standard permit requirements. Each permit issued under this part shall include the following elements: (1) Emissions limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance. Such requirements and limitations may include ARMs identified by the source in its part 71 permit application as approved by the permitting authority, provided that no ARM shall contravene any terms needed to comply with any otherwise applicable requirement or requirement of this part or circumvent any applicable requirement that would apply as a result of implementing the ARM. (i) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based. (ii) The permit shall state that, where an applicable requirement of the Act is more stringent than an applicable requirement of 40 CFR parts 72 through 78, both provisions shall be incorporated into the permit and shall be enforceable by the Administrator. (iii) If an applicable implementation plan allows a determination of an alternative emission limit at a part 71 source, equivalent to that contained in the plan, to be made in the permit issuance, renewal, or significant modification process, and the permitting authority elects to use such process, any permit containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. (2) Permit duration. The permitting authority shall issue permits for a fixed term of 5 years in the case of affected sources, and for a term not to exceed 5 years in the case of all other sources. Notwithstanding this requirement, the permitting authority shall issue permits for solid waste incineration units combusting municipal waste subject to standards … | |||
| 40:40:17.0.1.1.8.1.1.7 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.7 Permit issuance, renewal, reopenings, and revisions. | EPA | (a) Action on application. (1) A permit, permit modification, or renewal may be issued only if all of the following conditions have been met: (i) The permitting authority has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under § 71.6(d); (ii) Except for modifications qualifying for minor permit modification procedures under paragraphs (e) (1) and (2) of this section, the permitting authority has complied with the requirements for public participation under this section or § 71.11, as applicable; (iii) The permitting authority has complied with the requirements for notifying and responding to affected States under § 71.8(a); (iv) The conditions of the permit provide for compliance with all applicable requirements and the requirements of this part; and (v) In the case of a program delegated pursuant to § 71.10, the Administrator has received a copy of the proposed permit and any notices required under § 71.10(d) and has not objected to issuance of the permit under § 71.10(g) within the time period specified therein. (2) Except as provided under the initial transition plan provided for under § 71.4(i) or under 40 CFR part 72 or title V of the Act for the permitting of affected sources under the acid rain program, the permitting authority shall take final action on each permit application (including a request for permit modification or renewal) within 18 months after receiving a complete application. (3) The permitting authority shall ensure that priority is given to taking action on applications for construction or modification under title I, parts C and D of the Act. (4) The permitting authority shall promptly provide notice to the applicant of whether the application is complete. Unless the permitting authority requests additional information or otherwise notifies the applicant of incompleteness within 60 days of receipt of an application, the application shall be deemed com… | ||||
| 40:40:17.0.1.1.8.1.1.8 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.8 Affected State review. | EPA | [61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999] | (a) Notice of draft permits. When a part 71 operating permits program becomes effective in a State or within Indian country, the permitting authority shall provide notice of each draft permit to any affected State, as defined in § 71.2 on or before the time that the permitting authority provides this notice to the public pursuant to § 71.7 or § 71.11(d) except to the extent § 71.7(e)(1) or (2) requires the timing of the notice to be different. (b) Notice of refusal to accept recommendations. Prior to issuance of the final permit, the permitting authority shall notify any affected State in writing of any refusal by the permitting authority to accept all recommendations for the proposed permit that the affected State submitted during the public or affected State review period. The notice shall include the permitting authority's reasons for not accepting any such recommendation. The permitting authority is not required to accept recommendations that are not based on applicable requirements or the requirements of this part. In the case of a program delegated pursuant to § 71.10, the permitting authority shall include such notice as part of the submittal of the proposed permit to the Administrator (or as soon as possible after the submittal for minor permit modification procedures allowed under § 71.7(e)(1) or (2)). (c) Waiver of notice requirements. The Administrator may waive the requirements of paragraph (a) of this section for any category of sources (including any class, type, or size within such category) other than major sources by regulation for a category of sources nationwide. (d) Notice provided to Indian Tribes. The permitting authority shall provide notice of each draft permit to any federally recognized Indian Tribe: (1) Whose air quality may be affected by the permitting action and is in an area contiguous to the jurisdiction in which the part 71 permit is proposed; or (2) Is within 50 miles of the permitted source. | |||
| 40:40:17.0.1.1.8.1.1.9 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | A | Subpart A—Operating Permits | § 71.9 Permit fees. | EPA | [61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999; 67 FR 38330, June 3, 2002; 80 FR 64659, Oct. 23, 2015] | (a) Fee requirement. The owners or operators of part 71 sources shall pay annual fees, or the equivalent over some other period, that are sufficient to cover the permit program costs, in accordance with the procedures described in this section. (b) Permit program costs. These costs include, but are not limited to, the costs of the following activities as they relate to a part 71 program: (1) Reviewing and acting on any application for a permit, permit revision, or permit renewal, including the development of an applicable requirement as part of the processing of a permit, or permit revision or renewal; (2) Processing permit reopenings; (3) General administrative costs of the permit program, including transition planning, interagency coordination, contract management, training, informational services and outreach activities, assessing and collecting fees, the tracking of permit applications, compliance certifications, and related data entry; (4) Implementing and enforcing the terms of any part 71 permit (not including any court costs or other costs associated with an enforcement action), including adequate resources to determine which sources are subject to the program; (5) Emissions and ambient monitoring, modeling, analyses, demonstrations, preparation of inventories, and tracking emissions, provided these activities are needed in order to issue and implement part 71 permits; and (6) Providing direct and indirect support to small business stationary sources in determining applicable requirements and in receiving permits under this part (to the extent that these services are not provided by a State Small Business Stationary Source Technical and Environmental Compliance Assistance Program). (c) Establishment of fee schedule. (1) For part 71 programs that are administered by EPA, each part 71 source shall pay an annual fee which is the sum of: (i) $32 per ton (as adjusted pursuant to the criteria set forth in paragraph (n)(1) of this section) times the total tons of the actual emissions of each regul… | |||
| 40:40:17.0.1.1.8.2.1.1 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | B | Subpart B—Permits for Early Reductions Sources | § 71.21 Program overview. | EPA | (a) The regulations in this subpart provide for a limited, Federal, title V, permit program to establish alternative emission limitations for early reductions sources that have demonstrated qualifying reductions of hazardous air pollutants under section 112(i)(5) of the Act. A permit issued under this subpart which establishes such an enforceable alternative emission limitation shall grant all emissions units in the early reductions source a six-year extension from otherwise applicable dates of compliance for standards promulgated under section 112(d) of the Act. (b) After approval of a State's comprehensive permit program pursuant to title V of the Act, the Administrator may continue to issue specialty permits under this subpart only under the following circumstances: (1) The early reductions source filed a permit application under this subpart before the State obtained approval of a comprehensive title V permit program but the permit had not been finally issued at the time of State program approval; or (2) The early reductions source will be required to file an early reductions permit application under § 71.24(b) before a comprehensive permit application is required by the State under the approved program. (c) When a circumstance described in paragraph (b)(1) or (b)(2) of this section occurs, the primary consideration in the Administrator's decision to issue a specialty permit is the degree of delay anticipated by deferring to the State for permit issuance. (d) A Permit issued to an early reductions source under this subpart shall have a term not to exceed five years. Such a specialty permit shall be incorporated into a comprehensive title V permit subsequently issued to the facility containing the early reductions source, without reopening or revision of the specialty permit except as provided in § 71.26(e). (e) Issuance of a specialty permit under this subpart does not relieve a source from an obligation to file a timely and complete comprehensive permit application as required under an approved compreh… | ||||
| 40:40:17.0.1.1.8.2.1.2 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | B | Subpart B—Permits for Early Reductions Sources | § 71.22 Definitions. | EPA | All terms used in this subpart not defined in this section are given the same meaning as in the Act or in subpart D of part 63 of this chapter. Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq. Actual emissions means the actual rate of emissions of a pollutant, but does not include excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Actual emissions shall be calculated using the early reductions source's actual operating rates, and types of materials processed, stored, or combusted during the selected time period. Affected States are all States: (1) Whose air quality may be affected and that are contiguous to the State in which a permit, permit modification or permit renewal is being proposed; or (2) That are within 50 miles of the permitted source. Comprehensive title V permit program means a program approved by the Administrator under part 70 of this chapter or a program promulgated for EPA permit issuance under title V that encompasses all applicable requirements of the Clean Air Act. Draft permit means the version of a permit for which the Administrator offers public participation under § 71.27. Early reductions source means a source of hazardous air pollutants as defined pursuant to § 63.73 of this chapter. Emissions unit means any part or activity of a stationary source that emits or has the potential to emit any hazardous air pollutant. Enforceable commitment means a document drafted pursuant to section 112(i)(5)(B) of the Act and signed by a responsible company official which commits a company to achieving before January 1, 1994 sufficient reductions in hazardous air pollutants from a designated early reductions source to qualify such source for a compliance extension under section 112(i)(5)(A) of the Act. EPA or Administrator means the Administrator of the EPA or his or her designee. Final permit means the version of a permit issued by the Administrator under this subpart that has completed all review procedures required by… | ||||
| 40:40:17.0.1.1.8.2.1.3 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | B | Subpart B—Permits for Early Reductions Sources | § 71.23 Applicability. | EPA | (a) Sources covered. The provisions of this subpart apply to an owner or operator of an existing source who is seeking a compliance extension under section 112(i)(5) of the Act and who, pursuant to part 63, subpart D, of this chapter, is required to file a permit application for the extension prior to the date a comprehensive title V permit program is approved for the State in which the existing source is located. (b) Covered emissions. All hazardous air pollutant emissions from the early reductions source shall be included in permit applications and part 71 permits issued under this subpart. | ||||
| 40:40:17.0.1.1.8.2.1.4 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | B | Subpart B—Permits for Early Reductions Sources | § 71.24 Permit applications. | EPA | (a) Where to file. To apply for a compliance extension and an alternative emission limitation under this subpart, the owner or operator of an early reductions source shall file a complete permit application with the appropriate EPA Regional Office. The owner or operator shall also send a copy of the application to the appropriate State agency; to the EPA Emission Standards Division, Mail Drop 13, Research Triangle Park, North Carolina, 27711 (attention: Early Reductions Officer); and to the EPA Office of Enforcement, EN-341W, 1200 Pennsylvania Ave., NW., Washington, DC 20460 (attention: Early Reductions Officer). (b) Deadlines. (1) Permit applications under this subpart for early reductions sources not subject to enforceable commitments shall be submitted by the later of the following dates: (i) 120 days after proposal of an otherwise applicable standard issued under section 112(d) of the Act; or (ii) March 21, 1995. (2) Permit applications for early reductions sources subject to enforceable commitments established pursuant to § 63.75 of this chapter shall be filed no later than April 30, 1994. (3) If the post-reduction year does not end at least one month before the permit application deadline under paragraphs (b)(1) or (b)(2) of this section, the source may file the post-reduction emissions information required under paragraph (e)(2) of this section later as a supplement to the original permit application. In such cases, this supplemental information shall be submitted to the Administrator no later than one month after the end of the post-reduction year. (4) If a source test will be the supporting basis for establishing post-reduction emissions for one or more emissions units in the early reductions source, the test results shall be submitted by the deadline for submittal of a permit application under this section. (c) Complete application. To be found complete, an application must provide all information required pursuant to paragraph (e) of this section, except for the information on post-reducti… | ||||
| 40:40:17.0.1.1.8.2.1.5 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | B | Subpart B—Permits for Early Reductions Sources | § 71.25 Permit content. | EPA | (a) Standard permit requirements. Each permit issued under this subpart shall include the following elements: (1) Alternative emission limitation. An annual alternative emission limitation for hazardous air pollutants from the early reductions source reflecting the 90 percent reduction (95 percent for hazardous air pollutants which are particulate matter) which qualified the early reductions source for a compliance extension under subpart D of part 63 of this chapter. (2) Additional limitations. Additional emission limiting requirements, such as limitations on operation, work practice standards, and any other emission limiting requirements for the early reductions source necessary to assure compliance with the alternative emission limitation. (3) Monitoring requirements. Each permit shall contain the following monitoring requirements: (i) All emissions monitoring and analysis procedures or test methods necessary to assure compliance with the emission limitations established under paragraphs (a)(1) and (a)(2) of this section. Such monitoring or testing shall be consistent with the demonstration made pursuant to § 63.74 of this chapter and any procedures and methods promulgated pursuant to sections 114(a)(3) or 504(b) of the Act; (ii) Periodic monitoring or testing sufficient to yield reliable data from the relevant time period that are representative of the early reductions source's compliance with the permit. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the demonstration made pursuant to § 63.74 of this chapter. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph (a)(3)(ii); and (iii) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. (4) Recordkeeping requirements. The permit shall contain recordkeeping requirements including the following, as applicable: (i) Records of required mo… | ||||
| 40:40:17.0.1.1.8.2.1.6 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | B | Subpart B—Permits for Early Reductions Sources | § 71.26 Permit issuance, reopenings, and revisions. | EPA | (a) Action on application. (1) A permit or permit revision may be issued only if all of the following conditions have been met: (i) The Administrator has received a complete application for a permit or permit revision; (ii) The requirements for public participation under § 71.27 have been followed; and (iii) The conditions of the proposed permit or permit revision meet all the requirements of § 71.25 and provide for compliance with an alternative emission limitation reflecting the emissions reduction which qualified the early reductions source for a compliance extension under part 63, subpart D, of this chapter. (2) The Administrator will take final action on each permit application (including a request for permit revision) within 12 months after receiving a complete application, except that final action may be delayed where an applicant fails to provide additional information in a timely manner as requested by the Administrator under § 71.24(c). (3) The Administrator will promptly provide notice to the applicant of whether the application is complete. Unless the Administrator requests additional information or otherwise notifies the applicant of incompleteness within 45 days of receipt of an application, the application shall be deemed complete. For revisions that qualify as administrative amendments and are processed through the procedures of paragraph (c) of this section, a completeness determination need not be made. (4) If a source submits a timely and complete application for permit issuance, the source's failure to have a title V permit for purposes of any requirements under section 112 pertaining to the early reductions source is not a violation of this part until the Administrator takes final action on the permit application. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to paragraph (a)(3) of this section, and as required by § 71.24(d), the applicant fails to submit by the deadline specified in writing by the Administrator any additional info… | ||||
| 40:40:17.0.1.1.8.2.1.7 | 40 | Protection of Environment | I | C | 71 | PART 71—FEDERAL OPERATING PERMIT PROGRAMS | B | Subpart B—Permits for Early Reductions Sources | § 71.27 Public participation and appeal. | EPA | [59 FR 59924, Nov. 21, 1994, as amended at 81 FR 71631, Oct. 18, 2016; 85 FR 51657, Aug. 21, 2020] | All permit proceedings, including preparation of draft permits, initial permit issuance, permit revisions, and granted appeals, shall provide adequate procedures for public participation, including notice, opportunity for comment, a hearing if requested, and administrative appeal. Specific procedures shall include the following: (a) Revision, revocation and reissuance, or termination of permits. (1) Permits may be revised, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Administrator's initiative. However, permits may only be revised, revoked and reissued, or terminated for the reasons specified in §§ 71.25(a)(7) and 71.26(e). All requests shall be in writing and shall contain facts or reasons supporting the request. (2) If the Administrator decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for revision, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the Administrator may be informally appealed to the Environmental Appeals Board by a letter briefly setting forth the relevant facts. The Board may direct the Administrator to begin revision, revocation and reissuance, or termination proceedings under paragraph (a)(3) of this section. The appeal shall be considered denied if the Board takes no action within 60 days after receiving it. This informal appeal is, under 42 U.S.C. 307, a prerequisite to seeking judicial review of EPA action in denying a request for revision, revocation and reissuance, or termination. (3)(i) Except in the case of administrative amendment of a permit, if the Administrator tentatively decides to revise or revoke and reissue a permit under §§ 71.25(a)(7) and 71.26(e), he or she shall prepare a draft permit under paragraph (b) of this section incorporating the proposed changes. The Administrator may request additional information and, in the case of a revis… |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);