cfr_sections
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59 rows where part_number = 72 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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| 40:40:18.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.1 Purpose and scope. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55475, Oct. 24, 1997] | (a) Purpose. The purpose of this part is to establish certain general provisions and the operating permit program requirements for affected sources and affected units under the Acid Rain Program, pursuant to title IV of the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Public Law 101-549 (November 15, 1990). (b) Scope. The regulations under this part set forth certain generally applicable provisions under the Acid Rain Program. The regulations also set forth requirements for obtaining three types of Acid Rain permits, during Phases I and II, for which an affected source may apply: Acid Rain permits issued by the United States Environmental Protection Agency during Phase I; the Acid Rain portion of an operating permit issued by a State permitting authority during Phase II; and the Acid Rain portion of an operating permit issued by EPA when it is the permitting authority during Phase II. The requirements under this part supplement, and in some cases modify, the requirements under parts 70 and 71 of this chapter and other regulations implementing title V for approving and implementing State operating permit programs and for Federal issuance of operating permits under title V, as such requirements apply to affected sources under the Acid Rain Program. | |||
| 40:40:18.0.1.1.1.1.1.10 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.10 Availability of information. | EPA | The availability to the public of information provided to, or otherwise obtained by, the Administrator under the Acid Rain Program shall be governed by part 2 of this chapter. | ||||
| 40:40:18.0.1.1.1.1.1.11 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.11 Computation of time. | EPA | (a) Unless otherwise stated, any time period scheduled, under the Acid Rain Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs. (b) Unless otherwise stated, any time period scheduled, under the Acid Rain Program, to begin before the occurrence of an act or event shall be computed so that the period ends on the day before the act or event occurs. (c) Unless otherwise stated, if the final day of any time period, under the Acid Rain Program, falls on a weekend or a Federal holiday, the time period shall be extended to the next business day. (d) Whenever a party or interested person has the right, or is required, to act under the Acid Rain Program within a prescribed time period after service of notice or other document upon him or her by mail, 3 days shall be added to the prescribed time. | ||||
| 40:40:18.0.1.1.1.1.1.12 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.12 Administrative appeals. | EPA | The procedures for appeals of decisions of the Administrator under this part are contained in part 78 of this chapter. | ||||
| 40:40:18.0.1.1.1.1.1.13 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.13 Incorporation by reference. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 26526, May 17, 1995; 62 FR 55478, Oct. 24, 1997; 76 FR 17306, Mar. 28, 2011] | The materials listed in this section are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they existed on the date of approval, and a notice of any change in these materials will be published in the Federal Register. The materials are available for purchase at the corresponding address noted below and are available for inspection at the Public Information Reference Unit of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (a) The following materials are available for purchase from the following address: American Society for Testing and Material (ASTM) International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, phone: 610-832-9585, http://www.astm.org/DIGITAL_LIBRARY/index.shtml. (1) ASTM D388-92, Standard Classification of Coals by Rank for § 72.2 of this chapter. (2) ASTM D396-90a, Standard Specification for Fuel Oils, for § 72.2 of this chapter. (3) ASTM D975-91, Standard Specification for Diesel Fuel Oils, for § 72.2 of this chapter. (4) ASTM D2880-90a, Standard Specification for Gas Turbine Fuel Oils, for § 72.2 of this part. (5) ASTM D 7036-04, Standard Practice for Competence of Air Emission Testing Bodies, for § 72.2. (b) A copy of the following material is available from http://www.epa.gov/ttn/emc/news.html ( see postings for Sections 1, 2, 3, 4, Appendices, Spreadsheets, and the “Read before downloading Section 2” revision posted August 27, 1999): EPA-600/R-97/121, EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards, Septe… | |||
| 40:40:18.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.2 Definitions. | EPA | [58 FR 3650, Jan. 11, 1993] | The terms used in this part, in parts 73, 74, 75, 76, 77 and 78 of this chapter shall have the meanings set forth in the Act, including sections 302 and 402 of the Act, and in this section as follows: Account number means the identification number given by the Administrator to each Allowance Tracking System account pursuant to § 73.31(d) of this chapter. Acid Rain compliance option means one of the methods of compliance used by an affected unit under the Acid Rain Program as described in a compliance plan submitted and approved in accordance with subpart D of this part, part 74 of this chapter or part 76 of this chapter. Acid Rain emissions limitation means: (1) For purposes of sulfur dioxide emissions: (i) The tonnage equivalent of the allowances authorized to be allocated to the affected units at a source for use in a calendar year under section 404(a)(1), (a)(3), and (h) of the Act, or the basic Phase II allowance allocations authorized to be allocated to an affected unit for use in a calendar year, or the allowances authorized to be allocated to an opt-in source under section 410 of the Act for use in a calendar year; (ii) As adjusted: (A) By allowances allocated by the Administrator pursuant to section 403, section 405 (a)(2), (a)(3), (b)(2), (c)(4), (d)(3), and (h)(2), and section 406 of the Act; (B) By allowances allocated by the Administrator pursuant to subpart D of this part; and thereafter (C) By allowance transfers to or from the compliance account for that source that were recorded or properly submitted for recordation by the allowance transfer deadline as provided in § 73.35 of this chapter, after deductions and other adjustments are made pursuant to § 73.34(c) of this chapter; and (2) For purposes of nitrogen oxides emissions, the applicable limitation under part 76 of this chapter. Acid Rain emissions reduction requirement means a requirement under the Acid Rain Program to reduce the emissions of sulfur dioxide or nitrogen oxides from a unit to a specified level or by a specified pe… | |||
| 40:40:18.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.3 Measurements, abbreviations, and acronyms. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 64 FR 28588, May 26, 1999] | Measurements, abbreviations, and acronyms used in this part are defined as follows: acfh—actual cubic feet per hour. atm—atmosphere. bbl—barrel. Btu—British thermal unit. °C—degree Celsius (centigrade). CEMS—continuous emission monitoring system. cfm—cubic feet per minute. cm—centimeter. dcf—dry cubic feet. DOE—Department of Energy. dscf—dry cubic feet at standard conditions. dscfh—dry cubic feet per hour at standard conditions. EIA—Energy Information Administration. eq—equivalent. °F—degree Fahrenheit. fps—feet per second. gal—gallon. hr—hour. in—inch. °K—degree Kelvin. kacfm—thousands of cubic feet per minute at actual conditions. kscfh—thousands of cubic feet per hour at standard conditions. Kwh—kilowatt hour. lb—pounds. m—meter. mmBtu—million Btu. min—minute. mol. wt.—molecular weight. MWe—megawatt electrical. MWge—gross megawatt electrical. NIST—National Institute of Standards and Technology. ppm—parts per million. psi—pounds per square inch. °R—degree Rankine. RATA—relative accuracy test audit. scf—cubic feet at standard conditions. scfh—cubic feet per hour at standard conditions. sec—second. std—at standard conditions. CO 2 —carbon dioxide. NO X —nitrogen oxides. O 2 —oxygen. THC—total hydrocarbon content. SO 2 —sulfur dioxide. acfh—actual cubic feet per hour. atm—atmosphere. bbl—barrel. Btu—British thermal unit. °C—degree Celsius (centigrade). CEMS—continuous emission monitoring system. cfm—cubic feet per minute. cm—centimeter. dcf—dry cubic feet. DOE—Department of Energy. dscf—dry cubic feet at standard conditions. dscfh—dry cubic feet per hour at standard conditions. EIA—Energy Information Administration. eq—equivalent. °F—degree Fahrenheit. fps—feet per second. gal—gallon. hr—hour. in—inch. °K—degree Kelvin. kacfm—thousands of cubic feet per minute at actual conditions. kscfh—thousands of cubic feet per hour at standard conditions. Kwh—kilowatt hour. … | |||
| 40:40:18.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.4 Federal authority. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17113, Apr. 4, 1995] | (a) The Administrator reserves all authority under sections 112(r)(9), 113, 114, 120, 301, 303, 304, 306, and 307(a) of the Act, including, but not limited to, the authority to: (1) Secure information needed for the purpose of developing, revising, or implementing, or of determining whether any person is in violation of, any standard, method, requirement, or prohibition of the Act, this part, parts 73, 74, 75, 76, 77, and 78 of this chapter; (2) Make inspections, conduct tests, examine records, and require an owner or operator of an affected unit to submit information reasonably required for the purpose of developing, revising, or implementing, or of determining whether any person is in violation of, any standard, method, requirement, or prohibition of the Act, this part, parts 73, 74, 75, 76, 77, and 78 of this chapter. (3) Issue orders, call witnesses, and compel the production of documents. (b) The Administrator reserves the right under title IV of the Act to take any action necessary to protect the orderly and competitive functioning of the allowance system, including actions to prevent fraud and misrepresentation. | |||
| 40:40:18.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.5 State authority. | EPA | Consistent with section 116 of the Act, the provisions of the Acid Rain Program shall not be construed in any manner to preclude any State from adopting and enforcing any other air quality requirement (including any continuous emissions monitoring) that is not less stringent than, and does not alter, any requirement applicable to an affected unit or affected source under the Acid Rain Program; provided that such State requirement, if articulated in an operating permit, is in a portion of the operating permit separate from the portion containing the Acid Rain Program requirements. | ||||
| 40:40:18.0.1.1.1.1.1.6 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.6 Applicability. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 58 FR 15648, Mar. 23, 1993; 62 FR 55475, Oct. 24, 1997; 64 FR 28588, May 26, 1999; 66 FR 12978, Mar. 1, 2001] | (a) Each of the following units shall be an affected unit, and any source that includes such a unit shall be an affected source, subject to the requirements of the Acid Rain Program: (1) A unit listed in table 1 of § 73.10(a) of this chapter. (2) A unit that is listed in table 2 or 3 of § 73.10 of this chapter and any other existing utility unit, except a unit under paragraph (b) of this section. (3) A utility unit, except a unit under paragraph (b) of this section, that: (i) Is a new unit; or (ii) Did not serve a generator with a nameplate capacity greater than 25 MWe on November 15, 1990 but serves such a generator after November 15, 1990. (iii) Was a simple combustion turbine on November 15, 1990 but adds or uses auxiliary firing after November 15, 1990; (iv) Was an exempt cogeneration facility under paragraph (b)(4) of this section but during any three calendar year period after November 15, 1990 sold, to a utility power distribution system, an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs electric output, on a gross basis; (v) Was an exempt qualifying facility under paragraph (b)(5) of this section but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of qualifying facility; (vi) Was an exempt IPP under paragraph (b)(6) of this section but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of independent power production facility; or (vii) Was an exempt solid waste incinerator under paragraph (b)(7) of this section but during any three calendar year period after November 15, 1990 consumes 20 percent or more (on a Btu basis) fossil fuel. (b) The following types of units are not affected units subject to the requirements of the Acid Rain Program: (1) A simple combustion turbine that commenced commercial operation before November 15, 1990. (2) Any unit that commence… | |||
| 40:40:18.0.1.1.1.1.1.7 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.7 New units exemption. | EPA | [62 FR 55476, Oct. 24, 1997, as amended at 71 FR 25377, Apr. 28, 2006; 70 FR 25334, May 12, 2005] | (a) Applicability. This section applies to any new utility unit that has not previously lost an exemption under paragraph (f)(4) of this section and that, in each year starting with the first year for which the unit is to be exempt under this section: (1) Serves during the entire year (except for any period before the unit commenced commercial operation) one or more generators with total nameplate capacity of 25 MWe or less; (2) Burns fuel that does not include any coal or coal-derived fuel (except coal-derived gaseous fuel with a total sulfur content no greater than natural gas); and (3) Burns gaseous fuel with an annual average sulfur content of 0.05 percent or less by weight (as determined under paragraph (d) of this section) and nongaseous fuel with an annual average sulfur content of 0.05 percent or less by weight (as determined under paragraph (d) of this section). (b)(1) Any new utility unit that meets the requirements of paragraph (a) of this section and that is not allocated any allowances under subpart B of part 73 of this chapter shall be exempt from the Acid Rain Program, except for the provisions of this section, §§ 72.2 through 72.6, and §§ 72.10 through 72.13. (2) The exemption under paragraph (b)(1) of this section shall be effective on January 1 of the first full calendar year for which the unit meets the requirements of paragraph (a) of this section. By December 31 of the first year for which the unit is to be exempt under this section, a statement signed by the designated representative (authorized in accordance with subpart B of this part) or, if no designated representative has been authorized, a certifying official of each owner of the unit shall be submitted to permitting authority otherwise responsible for administering a Phase II Acid Rain permit for the unit. If the Administrator is not the permitting authority, a copy of the statement shall be submitted to the Administrator. The statement, which shall be in a format prescribed by the Administrator, shall identify the unit, state … | |||
| 40:40:18.0.1.1.1.1.1.8 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.8 Retired units exemption. | EPA | [62 FR 55477, Oct. 24, 1997; 62 FR 66279, Dec. 18, 1997, as amended at 71 FR 25377, Apr. 28, 2006] | (a) This section applies to any affected unit (except for an opt-in source) that is permanently retired. (b)(1) Any affected unit (except for an opt-in source) that is permanently retired shall be exempt from the Acid Rain Program, except for the provisions of this section, §§ 72.2 through 72.6, §§ 72.10 through 72.13, and subpart B of part 73 of this chapter. (2) The exemption under paragraph (b)(1) of this section shall become effective on January 1 of the first full calendar year during which the unit is permanently retired. By December 31 of the first year that the unit is to be exempt under this section, the designated representative (authorized in accordance with subpart B of this part), or, if no designated representative has been authorized, a certifying official of each owner of the unit shall submit a statement to the permitting authority otherwise responsible for administering a Phase II Acid Rain permit for the unit. If the Administrator is not the permitting authority, a copy of the statement shall be submitted to the Administrator. The statement shall state (in a format prescribed by the Administrator) that the unit is permanently retired and will comply with the requirements of paragraph (d) of this section. (3) After receipt of the notice under paragraph (b)(2) of this section, the permitting authority shall amend under § 72.83 the operating permit covering the source at which the unit is located, if the source has such a permit, to add the provisions and requirements of the exemption under paragraphs (b)(1) and (d) of this section. (c) A unit that was issued a written exemption under this section and that is permanently retired shall be exempt from the Acid Rain Program, except for the provisions of this section, §§ 72.2 through 72.6, §§ 72.10 through 72.13, and subpart B of part 73 of this chapter, and shall be subject to the requirements of paragraph (d) of this section in lieu of the requirements set forth in the written exemption. The permitting authority shall amend under § 72.83 the ope… | |||
| 40:40:18.0.1.1.1.1.1.9 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | A | Subpart A—Acid Rain Program General Provisions | § 72.9 Standard requirements. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17113, Apr. 4, 1995; 62 FR 55478, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001; 70 FR 25334, May 12, 2005] | (a) Permit Requirements. (1) The designated representative of each affected source and each affected unit at the source shall: (i) Submit a complete Acid Rain permit application (including a compliance plan) under this part in accordance with the deadlines specified in § 72.30; (ii) Submit in a timely manner a complete reduced utilization plan if required under § 72.43; and (iii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review an Acid Rain permit application and issue or deny an Acid Rain permit. (2) The owners and operators of each affected source and each affected unit at the source shall: (i) Operate the unit in compliance with a complete Acid Rain permit application or a superseding Acid Rain permit issued by the permitting authority; and (ii) Have an Acid Rain Permit. (b) Monitoring Requirements. (1) The owners and operators and, to the extent applicable, designated representative of each affected source and each affected unit at the source shall comply with the monitoring requirements as provided in part 75 of this chapter. (2) The emissions measurements recorded and reported in accordance with part 75 of this chapter shall be used to determine compliance by the source or unit, as appropriate, with the Acid Rain emissions limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxides under the Acid Rain Program. (3) The requirements of part 75 of this chapter shall not affect the responsibility of the owners and operators to monitor emissions of other pollutants or other emissions characteristics at the unit under other applicable requirements of the Act and other provisions of the operating permit for the source. (c) Sulfur Dioxide Requirements. (1) The owners and operators of each source and each affected unit at the source shall: (i) Hold allowances, as of the allowance transfer deadline, in the source's compliance account (after deductions under § 73.34(c) of this chapter) not less t… | |||
| 40:40:18.0.1.1.1.2.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | B | Subpart B—Designated Representative | § 72.20 Authorization and responsibilities of the designated representative. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006] | (a) Except as provided under § 72.22, each affected source, including all affected units at the source, shall have one and only one designated representative, with regard to all matters under the Acid Rain Program concerning the source or any affected unit at the source. (b) Upon receipt by the Administrator of a complete certificate of representation, the designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the affected source represented and each affected unit at the source in all matters pertaining to the Acid Rain Program, not withstanding any agreement between the designated representative and such owners and operators. The owners and operators shall be bound by any order issued to the designated representative by the Administrator, the permitting authority, or a court. (c) The designated representative shall be selected and act in accordance with the certifications set forth in § 72.24(a) (4), (5), (7), and (9). (d) No Acid Rain permit shall be issued to an affected source, nor shall any allowance transfer be recorded for an Allowance Tracking System account of an affected unit at a source, until the Administrator has received a complete certificate of representation for the designated representative of the source and the affected units at the source. | |||
| 40:40:18.0.1.1.1.2.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | B | Subpart B—Designated Representative | § 72.21 Submissions. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17113, Apr. 4, 1995; 70 FR 25334, May 12, 2005] | (a) Each submission under the Acid Rain Program shall be submitted, signed, and certified by the designated representative for all sources on behalf of which the submission is made. (b) In each submission under the Acid Rain Program, the designated representative shall certify, by his or her signature: (1) The following statement, which shall be included verbatim in such submission: “I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made.” (2) The following statement, which shall be included verbatim in such submission: “I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.” (c) The Administrator and the permitting authority shall accept or act on a submission made on behalf of owners or operators of an affected source and an affected unit only if the submission has been made, signed, and certified in accordance with paragraphs (a) and (b) of this section. (d)(1) The designated representative of a source shall serve notice on each owner and operator of the source and of an affected unit at the source: (i) By the date of submission, of any Acid Rain Program submissions by the designated representative and (ii) Within 10 business days of receipt of a determination, of any written determination by the Administrator or the permitting authority, (iii) Provided that the submission or determination covers the source or the unit. (2) The designated representative of a source shall provide each owner and operator of… | |||
| 40:40:18.0.1.1.1.2.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | B | Subpart B—Designated Representative | § 72.22 Alternate designated representative. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28, 2006] | (a) The certificate of representation may designate one and only one alternate designated representative, who may act on behalf of the designated representative. The agreement by which the alternate designated representative is selected shall include a procedure for the owners and operators of the source and affected units at the source to authorize the alternate designated representative to act in lieu of the designated representative. (b) Upon receipt by the Administrator of a complete certificate of representation that meets the requirements of § 72.24 (including those applicable to the alternate designated representative), any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be an action, representation, or failure to act by the designated representative. (c) In the event of a conflict, any action taken by the designated representative shall take precedence over any action taken by the alternate designated representative if, in the Administrator's judgement, the actions are concurrent and conflicting. (d) Except in this section, § 72.23, and § 72.24, whenever the term “designated representative” is used under the Acid Rain Program, the term shall be construed to include the alternate designated representative. (e)(1) Notwithstanding paragraph (a) of this section, the certification of representation may designate two alternate designated representatives for a unit if: (i) The unit and at least one other unit, which are located in two or more of the contiguous 48 States or the District of Columbia, each have a utility system that is a subsidiary of the same company; and (ii) The designated representative for the units under paragraph (e)(1)(i) of this section submits a NO X averaging plan under § 76.11 of this chapter that covers such units and is approved by the permitting authority, provided that the approved plan remains in effect. (2) Except in this paragraph (e), whenever the term “alternate designated representative” is used under the … | |||
| 40:40:18.0.1.1.1.2.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | B | Subpart B—Designated Representative | § 72.23 Changing the designated representative, alternate designated representative; changes in the owners and operators. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006] | (a) Changing the designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative prior to the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and on the owners and operators of the source represented and the affected units at the source. (b) Changing the alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative prior to the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative and on the owners and operators of the source represented and the affected units at the source. (c) Changes in the owners and operators. (1) In the event an owner or operator of an affected source or an affected unit is not included in the list of owners and operators submitted in the certificate of representation, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the designated representative and any alternative designated representative of the source or unit, and the decisions, actions, and inactions of the Administrator and permitting authority, as if the owner or operator were included in such list. (2) Within 30 days following any change in the owners and operators of an affected unit, including the addition of a new owner or operator, the designated representative or any alternative designated representati… | |||
| 40:40:18.0.1.1.1.2.1.5 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | B | Subpart B—Designated Representative | § 72.24 Certificate of representation. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28, 2006; 70 FR 25334, May 12, 2005; 72 FR 59205, Oct. 19, 2007] | (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the affected source and each affected unit at the source for which the certificate of representation is submitted, including identification and nameplate capacity of each generator served by each such unit. (2) The name, address, and telephone and facsimile numbers of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the affected source and of each affected unit at the source. (4) The following statement: “I certify that I was selected as the ‘designated representative’ or ‘alternate designated representative,’ as applicable, by an agreement binding on the owners and operators of the affected source and each affected unit at the source.” (5) [Reserved] (6) The following statement: “I certify that I have all necessary authority to carry out my duties and responsibilities under the Acid Rain Program on behalf of the owners and operators of the affected source and of each affected unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions.” (7) [Reserved] (8) The following statement: “I certify that the owners and operators of the affected source and of each affected unit at the source shall be bound by any order issued to me by the Administrator, the permitting authority, or a court regarding the source or unit.” (9) The following statement: “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, an affected unit, or where a utility or industrial customer purchases power from an affected unit under a life-of-the-unit, firm power contractual arrangement, I certify that: (i) “I have given a written notice of my selection as the ‘designated representative’ or ‘alternate designated representative’, as applicab… | |||
| 40:40:18.0.1.1.1.2.1.6 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | B | Subpart B—Designated Representative | § 72.25 Objections. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28, 2006] | (a) Once a complete certificate of representation has been submitted in accordance with § 72.24, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate is received by the Administrator. (b) Except as provided in § 72.23, no objection or other communication submitted to the Administrator or the permitting authority concerning the authorization, or any representation, action, inaction, or submission, of the designated representative shall affect any representation, action, inaction, or submission of the designated representative, or the finality of any decision by the Administrator or permitting authority, under the Acid Rain Program. In the event of such communication, the Administrator and the permitting authority are not required to stay any allowance transfer, any submission, or the effect of any action or inaction under the Acid Rain Program. (c) Neither the Administrator nor any permitting authority will adjudicate any private legal dispute concerning the authorization or any submission, action, or inaction of any designated representative, including private legal disputes concerning the proceeds of allowance transfers. | |||
| 40:40:18.0.1.1.1.2.1.7 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | B | Subpart B—Designated Representative | § 72.26 Delegation by designated representative and alternate designated representative. | EPA | [71 FR 25378, Apr. 28, 2006] | (a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission (in a format prescribed by the Administrator) to the Administrator provided for or required under this part and parts 73 through 77 of this chapter. (b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission (in a format prescribed by the Administrator) to the Administrator provided for or required under this part and parts 73 through 77 of this chapter. (c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and (4) The following certification statements by such designated representative or alternate designated representative, as appropriate: (i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 72.26(d) shall be deemed to be an electronic submiss… | |||
| 40:40:18.0.1.1.1.3.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | C | Subpart C—Acid Rain Permit Applications | § 72.30 Requirement to apply. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 58 FR 15649, Mar. 23, 1993; 60 FR 17113, Apr. 4, 1995; 62 FR 55480, Oct. 24, 1997] | (a) Duty to apply. The designated representative of any source with an affected unit shall submit a complete Acid Rain permit application by the applicable deadline in paragraphs (b) and (c) of this section, and the owners and operators of such source and any affected unit at the source shall not operate the source or unit without a permit that states its Acid Rain program requirements. (b) Deadlines —(1) Phase 1. (i) The designated representative shall submit a complete Acid Rain permit application governing an affected unit during Phase I to the Administrator on or before February 15, 1993 for: (A) Any source with such a unit under § 72.6(a)(1); and (B) Any source with such a unit under § 72.6(a) (2) or (3) that is designated a substitution or compensating unit in a substitution plan or reduced utilization plan submitted to the Administrator for approval or conditional approval. (ii) Notwithstanding paragraph (b)(1)(i) of this section, if a unit at a source not previously permitted is designated a substitution or compensating unit in a submission requesting revision of an existing Acid Rain permit, the designated representative of the unit shall submit a complete Acid Rain permit application on the date that the submission requesting the revision is made. (2) Phase II. (i) For any source with an existing unit under § 72.6(a)(2), the designated representative shall submit a complete Acid Rain permit application governing such unit during Phase II to the permitting authority on or before January 1, 1996. (ii) For any source with a new unit under § 72.6(a)(3)(i), the designated representative shall submit a complete Acid Rain permit application governing such unit to the permitting authority at least 24 months before the later of January 1, 2000 or the date on which the unit commences operation. (iii) For any source with a unit under § 72.6(a)(3)(ii), the designated representative shall submit a complete Acid Rain permit application governing such unit to the permitting authority at least 24 months b… | |||
| 40:40:18.0.1.1.1.3.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | C | Subpart C—Acid Rain Permit Applications | § 72.31 Information requirements for Acid Rain permit applications. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997] | A complete Acid Rain permit application shall include the following elements in a format prescribed by the Administrator: (a) Identification of the affected source for which the permit application is submitted; (b) Identification of each Phase I unit at the source for which the permit application is submitted for Phase I or each affected unit (except for an opt-in source) at the source for which the permit application is submitted for Phase II; (c) A complete compliance plan for each unit, in accordance with subpart D of this part; (d) The standard requirements under § 72.9; and (e) If the Acid Rain permit application is for Phase II and the unit is a new unit, the date that the unit has commenced or will commence operation and the deadline for monitor certification. | |||
| 40:40:18.0.1.1.1.3.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | C | Subpart C—Acid Rain Permit Applications | § 72.32 Permit application shield and binding effect of permit application. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997] | (a) Once a designated representative submits a timely and complete Acid Rain permit application, the owners and operators of the affected source and the affected units covered by the permit application shall be deemed in compliance with the requirement to have an Acid Rain permit under § 72.9(a)(2) and § 72.30(a); provided that any delay in issuing an Acid Rain permit is not caused by the failure of the designated representative to submit in a complete and timely fashion supplemental information, as required by the permitting authority, necessary to issue a permit. (b) Prior to the date on which an Acid Rain permit is issued or denied, an affected unit governed by and operated in accordance with the terms and requirements of a timely and complete Acid Rain permit application shall be deemed to be operating in compliance with the Acid Rain Program. (c) A complete Acid Rain permit application shall be binding on the owners and operators and the designated representative of the affected source and the affected units covered by the permit application and shall be enforceable as an Acid Rain permit from the date of submission of the permit application until the issuance or denial of an Acid Rain permit covering the units. (d) If agency action concerning a permit is appealed under part 78 of this chapter, issuance or denial of the permit shall occur when the Administrator takes final agency action subject to judicial review. | |||
| 40:40:18.0.1.1.1.3.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | C | Subpart C—Acid Rain Permit Applications | § 72.33 Identification of dispatch system. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 18468, Apr. 11, 1995; 62 FR 55481, Oct. 24, 1997] | (a) Every Phase I unit shall be treated as part of a dispatch system for purposes of §§ 72.91 and 72.92 in accordance with this section. (b)(1) The designated representatives of all affected units in a group of all units and generators that are interconnected and centrally dispatched and that are included in the same utility system, holding company, or power pool, may jointly submit to the Administrator a complete identification of dispatch system. (2) Except as provided in paragraph (f) of this section, each unit or generator may be included in only one dispatch system. (3) Any identification of dispatch system must be submitted by January 30 of the first year for which the identification is to be in effect. A designated representative may request, and the Administrator may grant at his or her discretion, an exemption allowing the submission of an identification of dispatch system after the otherwise applicable deadline for such submission. (c) A complete identification of dispatch system shall include the following elements in a format prescribed by the Administrator: (1) The name of the dispatch system. (2) The list of all units and generators (including sulfur-free generators) in the dispatch system. (3) The first calendar year for which the identification is to be in effect. (4) The following statement: “I certify that, except as otherwise required under a petition as approved under 40 CFR 72.33(f), the units and generators listed herein are and will continue to be interconnected and centrally dispatched, and will be treated as a dispatch system under 40 CFR 72.91 and 72.92, during the period that this identification of dispatch system is in effect. During such period, all information concerning these units and generators and contained in any submissions under 40 CFR 72.91 and 72.92 by me and the other designated representatives of these units shall be consistent and shall conform with the data in the dispatch system data reports under 40 CFR 72.92(b). I am aware of, and will comply with, the require… | |||
| 40:40:18.0.1.1.1.4.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | D | § 72.40 General. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17113, Apr. 4, 1995; 62 FR 55481, Oct. 24, 1997; 64 FR 25842, May 13, 1999; 70 FR 25334, May 12, 2005] | (a) For each affected unit included in an Acid Rain permit application, a complete compliance plan shall: (1) For sulfur dioxide emissions, certify that, as of the allowance transfer deadline, the designated representative will hold allowances in the compliance account of the source where the unit is located (after deductions under § 73.34(c) of this chapter) not less than the total annual emissions of sulfur dioxide from the affected units at the source. The compliance plan may also specify, in accordance with this subpart, one or more of the Acid Rain compliance options. (2) For nitrogen oxides emissions, certify that the unit will comply with the applicable emission limitation under § 76.5, § 76.6, or § 76.7 of this chapter or shall specify one or more Acid Rain compliance options, in accordance with part 76 of this chapter. (b) Multi-unit compliance options. (1) A plan for a compliance option, under § 72.41, § 72.42, § 72.43, or § 72.44 of this part, under § 74.47 of this chapter, or a NO X averaging plan under § 76.11 of this chapter, that includes units at more than one affected source shall be complete only if: (i) Such plan is signed and certified by the designated representative for each source with an affected unit governed by such plan; and (ii) A complete permit application is submitted covering each unit governed by such plan. (2) A permitting authority's approval of a plan under paragraph (b)(1) of this section that includes units in more than one State shall be final only after every permitting authority with jurisdiction over any such unit has approved the plan with the same modifications or conditions, if any. (c) Conditional Approval. In the compliance plan, the designated representative of an affected unit may propose, in accordance with this subpart, any Acid Rain compliance option for conditional approval, except a Phase I extension plan; provided that an Acid Rain compliance option under section 407 of the Act may be conditionally proposed only to the extent provided in part 76… | ||||
| 40:40:18.0.1.1.1.4.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | D | § 72.41 Phase I substitution plans. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 58 FR 40747, July 30, 1993; 59 FR 60230, 60238, Nov. 22, 1994; 62 FR 55481, Oct. 24, 1997] | (a) Applicability. This section shall apply during Phase I to the designated representative of: (1) Any unit listed in table 1 of § 73.10(a) of this chapter; and (2) Any other existing utility unit that is an affected unit under this part, provided that this section shall not apply to a unit under section 410 of the Act. (b)(1) The designated representative may include, in the Acid Rain permit application for a unit under paragraph (a)(1) of this section, a substitution plan under which one or more units under paragraph (a)(2) of this section are designated as substitution units, provided that: (i) Each unit under paragraph (a)(2) of this section is under the control of the owner or operator of each unit under paragraph (a)(1) of this section that designates the unit under paragraph (a)(2) of this section as a substitution unit; and (ii) In accordance with paragraph (c)(3) of this section, the emissions reductions achieved under the plan shall be the same or greater than would have been achieved by all units governed by the plan without such plan. (2) The designated representative of each source with a unit designated as a substitution unit in any plan submitted under paragraph (b)(1) of this section shall incorporate in the permit application each such plan. (3) The designated representative may submit a substitution plan not later than 6 months (or 90 days if submitted in accordance with § 72.82), or a notification to activate a conditionally approved plan in accordance with § 72.40(c) not later than 60 days, before the allowance transfer deadline applicable to the first year for which the plan is to take effect. (c) Contents of a substitution plan. A complete substitution plan shall include the following elements in a format prescribed by the Administrator: (1) Identification of each unit under paragraph (a)(1) of this section and each substitution unit to be governed by the substitution plan. A unit shall not be a substitution unit in more than one substitution plan. (2) Except where the designa… | ||||
| 40:40:18.0.1.1.1.4.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | D | § 72.42 Phase I extension plans. | EPA | (a) Applicability. (1) This section shall apply to any designated representative seeking a 2-year extension of the deadline for meeting Phase I sulfur dioxide emissions reduction requirements at any of the following types of units by applying for allowances from the Phase I extension reserve: (i) A unit listed in table 1 of § 73.10(a) of this chapter; (ii) A unit designated as a substitution unit in accordance with § 72.41; or (iii) A unit designated as a compensating unit in accordance with § 72.43, except a compensating unit that is a new unit. (2) A unit for which a Phase I extension is sought shall be either: (i) A control unit, which shall be a unit under paragraph (a)(1) of this section and at which qualifying Phase I technology shall commence operation on or after November 15, 1990 but not later than December 31, 1996; or (ii) A transfer unit, which shall be a unit under paragraph (a)(1)(i) of this section and whose Phase I emissions reduction obligation shall be transferred in whole or in part to one or more control units. (3) A Phase I extension does not exempt the owner or operator for any unit governed by the Phase I extension plan from the requirement to comply with such unit's Acid Rain emissions limitations for sulfur dioxide. (b) To apply for a Phase I extension: (1) The designated representative for each source with a control unit may submit an early ranking application for a Phase I extension plan in person, beginning on the 40th day after publication of this subpart in the Federal Register, between the hours of 9 a.m. and 5 p.m. Eastern Standard Time at Acid Rain Division, Attn: Early Ranking, U.S. Environmental Protection Agency, 501 3rd Street NW., 4th floor, Washington, DC; or send the application by regular mail, certified mail, or overnight delivery service to Acid Rain Division, Attn: Early Ranking, U.S. Environmental Protection Agency, 6204 J, 1200 Pennsylvania Ave., NW., Washington, DC 20460. (2) By February 15, 1993: (i) The designated representative for each source with … | |||||
| 40:40:18.0.1.1.1.4.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | D | § 72.43 Phase I reduced utilization plans. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 59 FR 60230, Nov. 22, 1994; 60 FR 18470, Apr. 11, 1995; 62 FR 55481, Oct. 24, 1997] | (a) Applicability. This section shall apply to the designated representative of: (1) Any Phase I unit, including: (i) Any unit listed in table 1 of § 73.10(a) of this chapter; and (ii) Any other unit that becomes a Phase I unit (including any unit designated as a compensating unit under this section or a substitution unit under § 72.41). (2) Any affected unit that: (i) Is not otherwise subject to any Acid Rain emissions limitation or emissions reduction requirements during Phase I; and (ii) Meets the requirement, as set forth in paragraphs (c)(4)(ii) and (d) of this section, that for each year for which the unit is to be covered by the reduced utilization plan, the unit's baseline divided by 2,000 lbs/ton and multiplied by the lesser of the unit's 1985 actual SO 2 emissions rate or 1985 allowable SO 2 emissions rate does not exceed the sum of (A) The lesser of 10 percent of the amount under paragraph (a)(2)(ii) of this section or 200 tons, plus (B) The unit's baseline divided by 2,000 lbs/ton and multiplied by the lesser of: The greater of the unit's 1989 or 1990 actual SO 2 emissions rate; or, as of November 15, 1990, the most stringent federally enforceable or State enforceable SO 2 emissions limitation covering the unit for 1995-1999. (b)(1) The designated representative of any unit under paragraph (a)(1) of this section shall include in the Acid Rain permit application for the unit a reduced utilization plan, meeting the requirements of this section, when the owners and operators of the unit plan to: (i) Reduce utilization of the unit below the unit's baseline to achieve compliance, in whole or in part, with the unit's Phase I Acid Rain emissions limitations for sulfur dioxide; and (ii) Accomplish such reduced utilization through one or more of the following: (A) Shifting generation of the unit to a unit under paragraph (a)(2) of this section or to a sulfur-free generator; or (B) Using one or more energy conservation measures or improved unit efficiency measures. (2)(i) Energy conservation… | ||||
| 40:40:18.0.1.1.1.4.1.5 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | D | § 72.44 Phase II repowering extensions. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 58 FR 15649, Mar. 23, 1993; 62 FR 55481, Oct. 24, 1997] | (a) Applicability. (1) This section shall apply to the designated representative of: (i) Any existing affected unit that is a coal-fired unit and has a 1985 actual SO 2 emissions rate equal to or greater than 1.2 lbs/mmBtu. (ii) Any new unit that will be a replacement unit, as provided in paragraph (b)(2) of this section, for a unit meeting the requirements of paragraph (a)(1)(i) of this section. (iii) Any oil and/or gas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991 by the Secretary of Energy. (2) A repowering extension does not exempt the owner or operator for any unit governed by the repowering plan from the requirement to comply with such unit's Acid Rain emissions limitations for sulfur dioxide. (b) The designated representative of any unit meeting the requirements of paragraph (a)(1)(i) of this section may include in the unit's Phase II Acid Rain permit application a repowering extension plan that includes a demonstration that: (1) The unit will be repowered with a qualifying repowering technology in order to comply with the Phase II emissions limitations for sulfur dioxide; or (2) The unit will be replaced by a new utility unit that has the same designated representative and that is located at a different site using a qualified repowering technology and the existing unit will be permanently retired from service on or before the date on which the new utility unit commences commercial operation. (c) In order to apply for a repowering extension, the designated representative of a unit under paragraph (a) of this section shall: (1) Submit to the permitting authority, by January 1, 1996, a complete repowering extension plan; (2) Submit to the Administrator, before June 1, 1997, a complete petition for approval of repowering technology; and (3) If the repowering extension plan is submitted for conditional approval, submit by December 31, 1997, a notification to activate the plan in accordance with § 72.40(c). (d) Contents and Review of Petition … | ||||
| 40:40:18.0.1.1.1.5.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | E | Subpart E—Acid Rain Permit Contents | § 72.50 General. | EPA | (a) Each Acid Rain permit (including any draft or proposed Acid Rain permit) will contain the following elements in a format prescribed by the Administrator: (1) All elements required for a complete Acid Rain permit application under § 72.31 of this part, as approved or adjusted by the permitting authority; (2) The applicable Acid Rain emissions limitation for sulfur dioxide; and (3) The applicable Acid Rain emissions limitation for nitrogen oxides. (b) Each Acid Rain permit is deemed to incorporate the definitions of terms under § 72.2 of this part. | ||||
| 40:40:18.0.1.1.1.5.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | E | Subpart E—Acid Rain Permit Contents | § 72.51 Permit shield. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55481, Oct. 24, 1997] | Each affected unit operated in accordance with the Acid Rain permit that governs the unit and that was issued in compliance with title IV of the Act, as provided in this part and parts 73, 74, 75, 76, 77, and 78 of this chapter shall be deemed to be operating in compliance with the Acid Rain Program, except as provided in § 72.9(g)(6). | |||
| 40:40:18.0.1.1.1.6.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.60 General. | EPA | [62 FR 55481, Oct. 24, 1997] | (a) Scope. This subpart and parts 74, 76, and 78 of this chapter contain the procedures for federal issuance of Acid Rain permits for Phase I of the Acid Rain Program and Phase II for sources for which the Administrator is the permitting authority under § 72.74. (1) Notwithstanding the provisions of part 71 of this chapter, the provisions of subparts C, D, E, F, and H of this part and of parts 74, 76, and 78 of this chapter shall govern the following requirements for Acid Rain permit applications and permits: submission, content, and effect of permit applications; content and requirements of compliance plans and compliance options; content of permits and permit shield; procedures for determining completeness of permit applications; issuance of draft permits; administrative record; public notice and comment and public hearings on draft permits; response to comments on draft permits; issuance and effectiveness of permits; permit revisions; and administrative appeal procedures. The provisions of part 71 of this chapter concerning Indian tribes, delegation of a part 71 program, affected State review of draft permits, and public petitions to reopen a permit for cause shall apply to Acid Rain permit applications and permits. (2) The procedures in this subpart do not apply to the issuance of Acid Rain permits by State permitting authorities with operating permit programs approved under part 70 of this chapter, except as expressly provided in subpart G of this part. (b) Permit Decision Deadlines. Except as provided in § 72.74(c)(1)(i), the Administrator will issue or deny an Acid Rain permit under § 72.69(a) within 6 months of receipt of a complete Acid Rain permit application submitted for a unit, in accordance with § 72.21, at the U.S. EPA Regional Office for the Region in which the source is located. (c) Use of Direct Final Procedures. The Administrator may, in his or her discretion, issue, as single document, a draft Acid Rain permit in accordance with § 72.62 and an Acid Rain permit in final form and may p… | |||
| 40:40:18.0.1.1.1.6.1.10 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.69 Issuance and effective date of acid rain permits. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55482, Oct. 24, 1997] | (a) After the close of the public comment period, the Administrator will issue or deny an Acid Rain permit. The Administrator will serve a copy of any Acid Rain permit and the response to comments on the designated representative for the source covered by the issuance or denial and serve written notice of the issuance or denial on the air pollution control agencies of affected States and any interested person. The Administrator will also give notice in the Federal Register. (b)(1) The term of every Acid Rain permit shall be 5 years commencing on its effective date. (2) Every Acid Rain permit for Phase I shall take effect on January 1, 1995. | |||
| 40:40:18.0.1.1.1.6.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.61 Completeness. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55481, Oct. 24, 1997] | (a) Determination of Completeness. The Administrator will determine whether the Acid Rain permit application is complete within 60 days of receipt by the U.S. EPA Regional Office for the Region in which the source is located. The permit application shall be deemed to be complete if the Administrator fails to notify the designated representative to the contrary within 60 days of receipt. (b) Supplemental Information. (1) Regardless of whether the Acid Rain permit application is complete under paragraph (a) of this section, the Administrator may require submission of any additional information that the Administrator determines to be necessary in order to review the Acid Rain permit application and issue an Acid Rain permit. (2)(i) Within a reasonable period determined by the Administrator, the designated representative shall submit the information required under paragraph (b)(1) of this section. (ii) If the designated representative fails to submit the supplemental information within the required time period, the Administrator may disapprove that portion of the Acid Rain permit application for the review of which the information was necessary and may deny the source an Acid Rain permit. (3) Any designated representative who fails to submit any relevant information or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary information or corrected information to the Administrator. | |||
| 40:40:18.0.1.1.1.6.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.62 Draft permit. | EPA | (a) After the Administrator receives a complete Acid Rain permit application and any supplemental information, the Administrator will issue a draft permit that incorporates in whole, in part, or with changes or conditions as appropriate, the permit application or deny the source a draft permit. (b) The draft permit will be based on the information submitted by the designated representative of the affected source and other relevant information. (c) The Administrator will serve a copy of the draft permit and the statement of basis on the designated representative of the affected source. (d) The Administrator will provide a 30-day period for public comment, and opportunity to request a public hearing, on the draft permit or denial of a draft permit, in accordance with the public notice required under § 72.65(a)(1)(i) of this part. | ||||
| 40:40:18.0.1.1.1.6.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.63 Administrative record. | EPA | (a) Contents of the Administrative Record. The Administrator will prepare an administrative record for an Acid Rain permit or denial of an Acid Rain permit. The administrative record will contain: (1) The permit application and any supporting or supplemental data submitted by the designated representative; (2) The draft permit; (3) The statement of basis; (4) Copies of any documents cited in the statement of basis and any other documents relied on by the Administrator in issuing or denying the draft permit (including any records of discussions or conferences with owners, operators, or the designated representative of affected units at the source or interested persons regarding the draft permit), or, for any such documents that are readily available, a statement of their location; (5) Copies of all written public comments submitted on the draft permit or denial of a draft permit; (6) The record of any public hearing on the draft permit or denial of a draft permit; (7) The Acid Rain permit; and (8) Any response to public comments submitted on the draft permit or denial of a draft permit and copies of any documents cited in the response and any other documents relied on by the Administrator to issue or deny the Acid Rain permit, or, for any such documents that are readily available, a statement of their location. (b) [Reserved] | ||||
| 40:40:18.0.1.1.1.6.1.5 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.64 Statement of basis. | EPA | (a) The statement of basis will briefly set forth significant factual, legal, and policy considerations on which the Administrator relied in issuing or denying the draft permit. (b) The statement of basis will include: (1) The reasons, and supporting authority, for approval or disapproval of any compliance options requested in the permit application, including references to applicable statutory or regulatory provisions and to the administrative record; and (2) The name, address, and telephone, and facsimile numbers of the EPA office processing the issuance or denial of the draft permit. | ||||
| 40:40:18.0.1.1.1.6.1.6 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.65 Public notice of opportunities for public comment. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55482, Oct. 24, 1997] | (a)(1) The Administrator will give public notice of the following: (i) The draft permit or denial of a draft permit and the opportunity for public review and comment and to request a public hearing; and (ii) Date, time, location, and procedures for any scheduled hearing on the draft permit or denial of a draft permit. (2) Any public notice given under this section may be for the issuance or denial of one or more draft permits. (b) Methods. The Administrator will give the public notice required by this section by: (1) Serving written notice on the following persons (except where such person has waived his or her right to receive such notice): (i) The designated representative; (ii) The air pollution control agencies of affected States; and (iii) Any interested person. (2) Giving notice by publication in the Federal Register and in a newspaper of general circulation in the area where the source covered by the Acid Rain permit application is located or in a State publication designed to give general public notice. Notwithstanding the prior sentence, if a draft permit requires the affected units at a source to comply with § 72.9(c)(1) and to meet any applicable emission limitation for NO X under §§ 76.5, 76.6, 76.7, 76.8, or 76.11 of this chapter and does not include for any unit a compliance option under § 72.44, part 74 of this chapter, or § 76.10 of this chapter, the Administrator may, in his or her discretion, provide notice of the draft permit by Federal Register publication and may omit notice by newspaper or State publication. (c) Contents. All public notices issued under this section will contain the following information: (1) Identification of the EPA office processing the issuance or denial of the draft permit for which the notice is being given. (2) Identification of the designated representative for the affected source. (3) Identification of each unit covered by the Acid Rain permit application and the draft permit. (4) Any compliance options proposed for approval in the draft permi… | |||
| 40:40:18.0.1.1.1.6.1.7 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.66 Public comments. | EPA | (a) General. During the public comment period, any person may submit written comments on the draft permit or the denial of a draft permit. (b) Form. (1) Comments shall be submitted in duplicate. (2) The submission shall clearly indicate the draft permit issuance or denial to which the comments apply. (3) The submission shall clearly indicate the name of the person commenting, his or her interest in the matter, and his or her affiliation, if any, to owners and operators of any unit covered by the Acid Rain permit application. (c) Contents. Timely comments on any aspect of the draft permit or denial or a draft permit will be considered unless they concern: (1) Any standard requirement under § 72.9; (2) Issues that are not relevant, such as: (i) The environmental effects of acid rain, acid deposition, sulfur dioxide, or nitrogen oxides generally; and (ii) Permit issuance procedures, or actions on other permit applications, that are not relevant to the draft permit issuance or denial in question. (d) Persons who do not wish to raise issues concerning the issuance or denial of the draft permit, but who wish to be notified of any subsequent actions concerning such matter may so indicate in writing during the public comment period or at any other time. The Administrator will place their names on a list of interested persons. | ||||
| 40:40:18.0.1.1.1.6.1.8 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.67 Opportunity for public hearing. | EPA | (a) During the public comment period, any person may request a public hearing. A request for a public hearing shall be made in writing and shall state the issues proposed to be raised in the hearing. (b) On the Administrator's own motion or on the request of any person, the Administrator may, at his or her discretion, hold a public hearing whenever the Administrator finds that such a hearing will contribute to the decision-making process by clarifying one or more significant issues affecting the draft permit or denial of a draft permit. Public hearings will not be held on issues under § 72.66(c) (1) and (2). (c) During a public hearing under this section, any person may submit oral or written comments concerning the draft permit or denial of a draft permit. The Administrator may set reasonable limits on the time allowed for oral statements and will require the submission of a written summary of each oral statement. (d) The Administrator will assure that a record is made of the hearing. | ||||
| 40:40:18.0.1.1.1.6.1.9 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | F | Subpart F—Federal Acid Rain Permit Issuance Procedures | § 72.68 Response to comments. | EPA | (a) The Administrator will consider comments on the draft permit or denial of a draft permit that are received during the public comment period and any public hearing. The Administrator is not required to consider comments otherwise received. (b) In issuing or denying an Acid Rain permit, the Administrator will: (1) Identify any permit provision or portion of the statement of basis that has been changed and the reasons for the change; and (2) Briefly describe and respond to relevant comments under paragraph (a) of this section. | ||||
| 40:40:18.0.1.1.1.7.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | G | Subpart G—Acid Rain Phase II Implementation | § 72.70 Relationship to title V operating permit program. | EPA | [62 FR 55482, Oct. 24, 1997, as amended at 66 FR 12978, Mar. 1, 2001] | (a) Scope. This subpart sets forth criteria for approval of State operating permit programs and acceptance of State Acid Rain programs, the procedure for including State Acid Rain programs in a title V operating permit program, and the requirements with which State permitting authorities with accepted programs shall comply, and with which the Administrator will comply in the absence of an accepted State program, to issue Phase II Acid Rain permits. (b) Relationship to operating permit program. Each State permitting authority with an affected source shall act in accordance with this part and parts 70, 74, 76, and 78 of this chapter for the purpose of incorporating Acid Rain Program requirements into each affected source's operating permit . To the extent that this part or part 74, 76, or 78 of this chapter is inconsistent with the requirements of part 70 of this chapter, this part and parts 74, 76, and 78 of this chapter shall take precedence and shall govern the issuance, denial, revision, reopening, renewal, and appeal of the Acid Rain portion of an operating permit. | |||
| 40:40:18.0.1.1.1.7.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | G | Subpart G—Acid Rain Phase II Implementation | § 72.71 Acceptance of State Acid Rain programs—general. | EPA | [62 FR 55482, Oct. 24, 1997] | (a) Each State shall submit, to the Administrator for review and acceptance, a State Acid Rain program meeting the requirements of §§ 72.72 and 72.73. (b) The Administrator will review each State Acid Rain program or portion of a State Acid Rain program and accept, by notice in the Federal Register, all or a portion of such program to the extent that it meets the requirements of §§ 72.72 and 72.73. At his or her discretion, the Administrator may accept, with conditions and by notice in the Federal Register, all or a portion of such program despite the failure to meet requirements of §§ 72.72 and 72.73. On the later of the date of publication of such notice in the Federal Register or the date on which the State operating permit program is approved under part 70 of this chapter, the State Acid Rain program accepted by the Administrator will become a portion of the approved State operating permit program. Before accepting or rejecting all or a portion of a State Acid Rain Program, the Administrator will provide notice and opportunity for public comment on such acceptance or rejection. (c)(1) Except as provided in paragraph (c)(2) of this section, the Administrator will issue all Acid Rain permits for Phase I. The Administrator reserves the right to delegate the remaining administration and enforcement of Acid Rain permits for Phase I to approved State operating permit programs. (2) The State permitting authority will issue an opt-in permit for a combustion or process source subject to its jurisdiction if, on the date on which the combustion or process source submits an opt-in permit application, the State permitting authority has opt-in regulations accepted under paragraph (b) of this section and an approved operating permits program under part 70 of this chapter. | |||
| 40:40:18.0.1.1.1.7.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | G | Subpart G—Acid Rain Phase II Implementation | § 72.72 Criteria for State operating permit program. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17113, Apr. 4, 1995; 62 FR 55482, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001; 70 FR 25334, May 12, 2005] | A State operating permit program (including a State Acid Rain program) shall meet the following criteria. Any aspect of a State operating permits program or any implementation of a State operating permit program that fails to meet these criteria shall be grounds for nonacceptance or withdrawal of all or part of the Acid Rain portion of an approved State operating permit program by the Administrator or for disapproval or withdrawal of approval of the State operating permit program by the Administrator. (a) Non-Interference with Acid Rain Program. The State operating permit program shall not include or implement any measures that would interfere with the Acid Rain Program. In particular, the State program shall not restrict or interfere with allowance trading and shall not interfere with the Administrator's decision on an offset plan. Aspects and implementation of the State program that would constitute interference with the Acid Rain Program, and are thus prohibited, include but are not limited to: (1) Prohibitions, inconsistent with the Acid Rain Program, on the acquisition or transfer of allowances by an affected unit or affected source under the jurisdiction of the State permitting authority; (2) Restrictions, inconsistent with the Acid Rain Program, on an affected unit's or an affected source's ability to sell or otherwise obligate its allowances; (3) Requirements that an affected unit or affected source maintain a balance of allowances in excess of the level determined to be prudent by any utility regulatory authority with jurisdiction over the owners of the affected unit or affected source; (4) Failing to notify the Administrator of any State administrative or judicial appeals of, or decisions covering, Acid Rain permit provisions that might affect Acid Rain Program requirements; (5) Issuing an order, inconsistent with the Acid Rain Program, interpreting Acid Rain Program requirements as not applicable to an affected source or an affected unit in whole or in part or otherwise adjusting the requiremen… | |||
| 40:40:18.0.1.1.1.7.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | G | Subpart G—Acid Rain Phase II Implementation | § 72.73 State issuance of Phase II permits. | EPA | [62 FR 55483, Oct. 24, 1997, as amended at 70 FR 25334, May 12, 2005] | (a) State Permit Issuance. (1) A State that is authorized to administer and enforce an operating permit program under part 70 of this chapter and that has a State Acid Rain program accepted by the Administrator under § 72.71 shall be responsible for administering and enforcing Acid Rain permits effective in Phase II for all affected sources: (i) That are located in the geographic area covered by the operating permits program; and (ii) To the extent that the accepted State Acid Rain program is applicable. (2) In administering and enforcing Acid Rain permits, the State permitting authority shall comply with the procedures for issuance, revision, renewal, and appeal of Acid Rain permits under this subpart. (b) Permit Issuance Deadline. (1) A State, to the extent that it is responsible under paragraph (a) of this section as of December 31, 1997 (or such later date as the Administrator may establish) for administering and enforcing Acid Rain permits, shall: (i) On or before December 31, 1997, issue an Acid Rain permit for Phase II covering the affected units (other than opt-in sources) at each source in the geographic area for which the program is approved; provided that the designated representative of the source submitted a timely and complete Acid Rain permit application in accordance with § 72.21. (ii) On or before January 1, 1999, for each unit subject to an Acid Rain NO X emissions limitation, amend the Acid Rain permit under § 72.83 and add any NO X early election plan that was approved by the Administrator under § 76.8 of this chapter and has not been terminated and reopen the Acid Rain permit and add any other Acid Rain Program nitrogen oxides requirements; provided that the designated representative of the affected source submitted a timely and complete Acid Rain permit application for nitrogen oxides in accordance with § 72.21. (2) Each Acid Rain permit issued in accordance with this section shall have a term of 5 years commencing on its effective date; provided that, at the discretion of… | |||
| 40:40:18.0.1.1.1.7.1.5 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | G | Subpart G—Acid Rain Phase II Implementation | § 72.74 Federal issuance of Phase II permits. | EPA | [62 FR 55483, Oct. 24, 1997] | (a)(1) The Administrator will be responsible for administering and enforcing Acid Rain permits for Phase II for any affected sources to the extent that a State permitting authority is not responsible, as of January 1, 1997 or such later date as the Administrator may establish, for administering and enforcing Acid Rain permits for such sources under § 72.73(a). (2) After and to the extent the State permitting authority becomes responsible for administering and enforcing Acid Rain permits under § 72.73(a), the Administrator will suspend federal administration of Acid Rain permits for Phase II for sources and units to the extent that they are subject to the accepted State Acid Rain program, except as provided in paragraph (b)(4) of this section. (b)(1) The Administrator will administer and enforce Acid Rain permits effective in Phase II for sources and units during any period that the Administrator is administering and enforcing an operating permit program under part 71 of this chapter for the geographic area in which the sources and units are located. (2) The Administrator will administer and enforce Acid Rain permits effective in Phase II for sources and units otherwise subject to a State Acid Rain program under § 72.73(a) if: (i) The Administrator determines that the State permitting authority is not adequately administering or enforcing all or a portion of the State Acid Rain program, notifies the State permitting authority of such determination and the reasons therefore, and publishes such notice in the Federal Register ; (ii) The State permitting authority fails either to correct the deficiencies within a reasonable period (established by the Administrator in the notice under paragraph (b)(2)(i) of this section) after issuance of the notice or to take significant action to assure adequate administration and enforcement of the program within a reasonable period (established by the Administrator in the notice) after issuance of the notice; and (iii) The Administrator publishes in the Federal Register a … | |||
| 40:40:18.0.1.1.1.8.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | H | Subpart H—Permit Revisions | § 72.80 General. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55484, Oct. 24, 1997] | (a) This subpart shall govern revisions to any Acid Rain permit issued by the Administrator and to the Acid Rain portion of any operating permit issued by a State permitting authority. (b) Notwithstanding the operating permit revision procedures specified in parts 70 and 71 of this chapter, the provisions of this subpart shall govern revision of any Acid Rain Program permit provision. (c) A permit revision may be submitted for approval at any time. No permit revision shall affect the term of the Acid Rain permit to be revised. No permit revision shall excuse any violation of an Acid Rain Program requirement that occurred prior to the effective date of the revision. (d) The terms of the Acid Rain permit shall apply while the permit revision is pending, except as provided in § 72.83 for administrative permit amendments. (e) The standard requirements of § 72.9 shall not be modified or voided by a permit revision. (f) Any permit revision involving incorporation of a compliance option that was not submitted for approval and comment during the permit issuance process or involving a change in a compliance option that was previously submitted, shall meet the requirements for applying for such compliance option under subpart D of this part and parts 74 and 76 of this chapter. (g) Any designated representative who fails to submit any relevant information or who has submitted incorrect information in a permit revision shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary information or corrected information to the permitting authority. (h) For permit revisions not described in §§ 72.81 and 72.82 of this part, the permitting authority may, in its discretion, determine which of these sections is applicable. | |||
| 40:40:18.0.1.1.1.8.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | H | Subpart H—Permit Revisions | § 72.81 Permit modifications. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17114, Apr. 4, 1995; 62 FR 55485, Oct. 24, 1997] | (a) Permit revisions that shall follow the permit modification procedures are: (1) Relaxation of an excess emission offset requirement after approval of the offset plan by the Administrator; (2) Incorporation of a final nitrogen oxides alternative emission limitation following a demonstration period; (3) Determinations concerning failed repowering projects under § 72.44(g)(1)(i) and (2) of this part. (b) The following permit revisions shall follow, at the option of the designated representative submitting the permit revision, either the permit modification procedures or the fast-track modification procedures under § 72.82 of this part: (1) Consistent with paragraph (a) of this section, incorporation of a compliance option that the designated representative did not submit for approval and comment during the permit issuance process; except that incorporation of a reduced utilization plan that was not submitted during the permit issuance process, that does not designate a compensating unit, and that meets the requirements of § 72.43 of this part, may use the administrative permit amendment procedures under § 72.83 of this part; (2) Changes in a substitution plan or reduced utilization plan that result in the addition of a new substitution unit or a new compensating unit under the plan; (3) Addition of a nitrogen oxides averaging plan to a permit; (4) Changes in a Phase I extension plan, repowering plan, nitrogen oxides averaging plan, or nitrogen oxides compliance deadline extension; and (5) Changes in a thermal energy plan that result in any addition or subtraction of a replacement unit or any change affecting the number of allowances transferred for the replacement of thermal energy. (c)(1) Permit modifications shall follow the permit issuance requirements of: (i) Subparts E, F, and G of this part, where the Administrator is the permitting authority; or (ii) Subpart G of this part, where the State is the permitting authority. (2) For purposes of applying paragraph (c)(1) of this section, a requested p… | |||
| 40:40:18.0.1.1.1.8.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | H | Subpart H—Permit Revisions | § 72.82 Fast-track modifications. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55485, Oct. 24, 1997] | The following procedures shall apply to all fast-track modifications. (a) If the Administrator is the permitting authority, the designated representative shall serve a copy of the fast-track modification on the Administrator and any person entitled to a written notice under § 72.65(b)(1)(ii) and (iii). If a State is the permitting authority, the designated representative shall serve such a copy on the Administrator, the permitting authority, and any person entitled to receive a written notice of a draft permit under the approved State operating permit program. Within 5 business days of serving such copies, the designated representative shall also give public notice by publication in a newspaper of general circulation in the area where the sources are located or in a State publication designed to give general public notice. (b) The public shall have a period of 30 days, commencing on the date of publication of the notice, to comment on the fast-track modification. Comments shall be submitted in writing to the permitting authority and to the designated representative. (c) The designated representative shall submit the fast-track modification to the permitting authority on or before commencement of the public comment period. (d) Within 30 days of the close of the public comment period if the Administrator is the permitting authority or within 90 days of the close of the public comment period if a State is the permitting authority, the permitting authority shall consider the fast-track modification and the comments received and approve, in whole or in part or with changes or conditions as appropriate, or disapprove the modification. A fast-track modification shall be subject to the same provisions for review by the Administrator and affected States as are applicable to a permit modification under § 72.81. | |||
| 40:40:18.0.1.1.1.8.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | H | Subpart H—Permit Revisions | § 72.83 Administrative permit amendment. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17114, Apr. 4, 1995; 62 FR 55485, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001] | (a) Acid Rain permit revisions that shall follow the administrative permit amendment procedures are: (1) Activation of a compliance option conditionally approved by the permitting authority; provided that all requirements for activation under subpart D of this part are met; (2) Changes in the designated representative or alternative designated representative; provided that a new certificate of representation is submitted; (3) Correction of typographical errors; (4) Changes in names, addresses, or telephone or facsimile numbers; (5) Changes in the owners or operators; provided that a new certificate of representation is submitted within 30 days; (6)(i) Termination of a compliance option in the permit; provided that all requirements for termination under subpart D of this part are met and this procedure shall not be used to terminate a repowering plan after December 31, 1999 or a Phase I extension plan; (ii) For opt-in sources, termination of a compliance option in the permit; provided that all requirements for termination under § 74.47 of this chapter are met. (7) Changes in a substitution or reduced utilization plan that do not result in the addition of a new substitution unit or a new compensating unit under the plan; (8) Changes in the date, specified in a unit's Acid Rain permit, of commencement of operation of qualifying Phase I technology, provided that they are in accordance with § 72.42 of this part; (9) Changes in the date, specified in a new unit's Acid Rain permit, of commencement of operation or the deadline for monitor certification, provided that they are in accordance with § 72.9 of this part; (10) The addition of or change in a nitrogen oxides alternative emissions limitation demonstration period, provided that the requirements of part 76 of this chapter are met; and (11) Changes in a thermal energy plan that do not result in the addition or subtraction of a replacement unit or any change affecting the number of allowances transferred for the replacement of thermal energy. … | |||
| 40:40:18.0.1.1.1.8.1.5 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | H | Subpart H—Permit Revisions | § 72.84 Automatic permit amendment. | EPA | The following permit revisions shall be deemed to amend automatically, and become a part of the affected unit's Acid Rain permit by operation of law without any further review: (a) Upon recordation by the Administrator under part 73 of this chapter, all allowance allocations to, transfers to, and deductions from an affected unit's Allowance Tracking System account; and (b) Incorporation of an offset plan that has been approved by the Administrator under part 77 of this chapter. | ||||
| 40:40:18.0.1.1.1.8.1.6 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | H | Subpart H—Permit Revisions | § 72.85 Permit reopenings. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55485, Oct. 24, 1997] | (a) The permitting authority shall reopen an Acid Rain permit for cause whenever: (1) Any additional requirement under the Acid Rain Program becomes applicable to any affected unit governed by the permit; (2) The permitting authority determines that the permit contains a material mistake or that an inaccurate statement was made in establishing the emissions standards or other terms or conditions of the permit, unless the mistake or statement is corrected in accordance with § 72.83; or (3) The permitting authority determines that the permit must be revised or revoked to assure compliance with Acid Rain Program requirements. (b) In reopening an Acid Rain permit for cause, the permitting authority shall issue a draft permit changing the provisions, or adding the requirements, for which the reopening was necessary. The draft permit shall be subject to the requirements of subparts E, F, and G of this part. (c) As provided in §§ 72.73(b)(1) and 72.74(c)(2), the permitting authority shall reopen an Acid Rain permit to incorporate nitrogen oxides requirements, consistent with part 76 of this chapter. (d) Any reopening of an Acid Rain permit shall not affect the term of the permit. | |||
| 40:40:18.0.1.1.1.9.1.1 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | I | Subpart I—Compliance Certification | § 72.90 Annual compliance certification report. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 64 FR 28588, May 26, 1999; 70 FR 25334, May 12, 2005] | (a) Applicability and deadline. For each calendar year during 1995 through 2005 in which a unit is subject to the Acid Rain emissions limitations, the designated representative of the source at which the unit is located shall submit to the Administrator, within 60 days after the end of the calendar year, an annual compliance certification report for the unit. (b) Contents of report. The designated representative shall include in the annual compliance certification report under paragraph (a) of this section the following elements, in a format prescribed by the Administrator, concerning the unit and the calendar year covered by the report: (1) Identification of the unit; (2) For all Phase I units, the information in accordance with §§ 72.91(a) and 72.92(a) of this part; (3) If the unit is governed by an approved Phase I extension plan, then the information in accordance with § 72.93 of this part; (4) At the designated representative's option, the total number of allowances to be deducted for the year, using the formula in § 72.95 of this part, and the serial numbers of the allowances that are to be deducted; (5) At the designated representative's option, for units that share a common stack and whose emissions of sulfur dioxide are not monitored separately or apportioned in accordance with part 75 of this chapter, the percentage of the total number of allowances under paragraph (b)(4) of this section for all such units that is to be deducted from each unit's compliance subaccount; and (6) The compliance certification under paragraph (c) of this section. (c) Annual compliance certification. In the annual compliance certification report under paragraph (a) of this section, the designated representative shall certify, based on reasonable inquiry of those persons with primary responsibility for operating the source and the affected units at the source in compliance with the Acid Rain Program, whether each affected unit for which the compliance certification is submitted was operated during the calendar yea… | |||
| 40:40:18.0.1.1.1.9.1.2 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | I | Subpart I—Compliance Certification | § 72.91 Phase I unit adjusted utilization. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 58 FR 40747, July 30, 1993; 59 FR 60231, Nov. 22, 1994; 60 FR 18470, Apr. 11, 1995; 62 FR 55485, Oct. 24, 1997] | (a) Annual compliance certification report. The designated representative for each Phase I unit shall include in the annual compliance certification report the unit's adjusted utilization for the calendar year in Phase I covered by the report, calculated as follows: Adjusted utilization = baseline − actual utilization − plan reductions + compensating generation provided to other units where: (1) “Baseline” is as defined in § 72.2 of this part. (2) “Actual utilization” is the actual annual heat input (in mmBtu) of the unit for the calendar year determined in accordance with part 75 of this chapter. (3) “Plan reductions” are the reductions in actual utilization, for the calendar year, below the baseline that are accounted for by an approved reduced utilization plan. The designated representative for the unit shall calculate the “plan reductions” (in mmBtu) using the following formula and converting all values in Kwh to mmBtu using the actual annual average heat rate (Btu/Kwh) of the unit (determined in accordance with part 75 of this chapter) before the employment of any improved unit efficiency measures under an approved plan: Plan reductions = reduction from energy conservation + reduction from improved unit efficiency improvements + shifts to designated sulfur-free generators + shifts to designated compensating units where: (i) “Reduction from energy conservation” is a good faith estimate of the expected kilowatt hour savings during the calendar year from all conservation measures under the reduced utilization plan and the corresponding reduction in heat input (in mmBtu) resulting from those savings. The verified amount of such reduction shall be submitted in accordance with paragraph (b) of this section. (ii) “Reduction from improved unit efficiency” is a good faith estimate of the expected improvement in heat rate during the calendar year and the corresponding reduction in heat input (in mmBtu) at the Phase I unit as a result of all improved unit efficiency measures under the reduced utilization pla… | |||
| 40:40:18.0.1.1.1.9.1.3 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | I | Subpart I—Compliance Certification | § 72.92 Phase I unit allowance surrender. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 58 FR 40747, July 30, 1993; 60 FR 18470, Apr. 11, 1995] | (a) Annual compliance certification report. If a Phase I unit's adjusted utilization for the calendar year in Phase I under § 72.91(a) is greater than zero, then the designated representative shall include in the annual compliance certification report the number of allowances that shall be surrendered for adjusted utilization using the formula in paragraph (c) of this section and the calculations that were performed to obtain that number. (b) Other submissions. (1) [Reserved] (2)(i) If any Phase I unit in a dispatch system is governed during the calendar year by an approved reduced utilization plan relying on sulfur-free generation, then the designated representatives of all affected units in such dispatch system shall jointly submit, within 60 days of the end of the calendar year, a dispatch system data report that includes the following elements in a format prescribed by the Administrator: (A) The name of the dispatch system as reported under § 72.33; (B) The calculation of “percentage change in dispatch system sales” under § 72.91(a)(3)(iii)(C); (C) A certification that each designated representative will use this figure, as appropriate, in its annual compliance certification report and will submit upon request the data supporting the calculation; and (D) The signatures of all the designated representatives. (ii) If any Phase I unit in a dispatch system has adjusted utilization greater than zero for the calendar year, then the designated representatives of all Phase I units in such dispatch system shall jointly submit, within 60 days of the end of the calendar year, a dispatch system data report that includes the following elements in a format prescribed by the Administrator: (A) The name of the dispatch system as reported under § 72.33; (B) The calculation of “percentage change in dispatch system sales” under § 72.91(a)(3)(iii)(C); (C) The calculation of “dispatch system adjusted utilization” under paragraph (c)(2)(i) of this section; (D) The calculation of “dispatch system aggregate baseline” … | |||
| 40:40:18.0.1.1.1.9.1.4 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | I | Subpart I—Compliance Certification | § 72.93 Units with Phase I extension plans. | EPA | Annual compliance certification report. The designated representative for a control unit governed by a Phase I extension plan shall include in the unit's annual compliance certification report for calendar year 1997, the start-up test results upon which the vendor is released from liability under the vendor certification of guaranteed sulfur dioxide removal efficiency under § 72.42(c)(12). | ||||
| 40:40:18.0.1.1.1.9.1.5 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | I | Subpart I—Compliance Certification | § 72.94 Units with repowering extension plans. | EPA | (a) Design and engineering and contract requirements. No later than January 1, 2000, the designated representative of a unit governed by an approved repowering plan shall submit to the Administrator and the permitting authority: (1) Satisfactory documentation of a preliminary design and engineering effort. (2) A binding letter agreement for the executed and binding contract (or for each in a series of executed and binding contracts) for the majority of the equipment to repower the unit using the technology conditionally approved by the Administrator under § 72.44(d)(3). (3) The letter agreement under paragraph (a)(2) of this section shall be signed and dated by each party and specify: (i) The parties to the contract; (ii) The date each party executed the contract; (iii) The unit to which the contract applies; (iv) A brief list identifying each provision of the contract; (v) Any dates to which the parties agree, including construction completion date; (vi) The total dollar amount of the contract; and (vii) A statement that a copy of the contract is on site at the source and will be submitted upon written request of the Administrator or the permitting authority. (b) Removal from operation to repower. The designated representative of a unit governed by an approved repowering plan shall notify the Administrator in writing at least 60 days in advance of the date on which the existing unit is to be removed from operation so that the qualified repowering technology can be installed, or is to be replaced by another unit with the qualified repowering technology, in accordance with the plan. (c) Commencement of operation. Not later than 60 days after the unit repowered under an approved repowering plan commences operation at full load, the designated representative of the unit shall submit a report comparing the actual hourly emissions and percent removal of each pollutant controlled at the unit to the actual hourly emissions and percent removal at the existing unit under the plan prior to repowering, det… | ||||
| 40:40:18.0.1.1.1.9.1.6 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | I | Subpart I—Compliance Certification | § 72.95 Allowance deduction formula. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55485, Oct. 24, 1997; 70 FR 25334, May 12, 2005] | The following formula shall be used to determine the total number of allowances to be deducted for the calendar year from the allowances held in an affected source's compliance account as of the allowance transfer deadline applicable to that year: Total allowances deducted = Tons emitted + Allowances surrendered for underutilization + Allowances deducted for Phase I extensions + Allowances deducted for substitution or compensating units where: (a) “Tons emitted” is the total tons of sulfur dioxide emitted by the affected units at the source during the calendar year, as reported in accordance with part 75 of this chapter. (b) “Allowances surrendered for underutilization” is the total number of allowances calculated in accordance with § 72.92 (a) and (c). (c) “Allowances deducted for Phase I extensions” is the total number of allowances calculated in accordance with § 72.42(f)(1)(i). (d) “Allowances deducted for substitution or compensating units” is the total number of allowances calculated in accordance with the surrender requirements specified under § 72.41(d)(3) or (e)(1)(iii)(B) or § 72.43(d)(2). | |||
| 40:40:18.0.1.1.1.9.1.7 | 40 | Protection of Environment | I | C | 72 | PART 72—PERMITS REGULATION | I | Subpart I—Compliance Certification | § 72.96 Administrator's action on compliance certifications. | EPA | [58 FR 3650, Jan. 11, 1993, as amended at 70 FR 25334, May 12, 2005] | (a) The Administrator may review, and conduct independent audits concerning, any compliance certification and any other submission under the Acid Rain Program and make appropriate adjustments of the information in the compliance certifications and other submissions. (b) The Administrator may deduct allowances from or return allowances to a source's compliance account in accordance with part 73 of this chapter based on the information in the compliance certifications and other submissions, as adjusted. |
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