**Appendix H**

**40 CFR 60 Subpart B**

APPENDIX H\--40 CFR 60 SUBPART B WITH 12/19/95 INSERTS

Subpart B \-- Adoption and Submittal of State Plans

for Designated Facilities

60.20 Applicability.

The provisions of this subpart apply to States upon publication of a
final guideline document under section 60.22(a).

60.21 Definitions.

Terms used but not defined in this subpart shall have the meaning given
them in the Act and in Subpart A:

\(a\) \"Designated pollutant\" means any air pollutant, emissions of
which are subject to a standard of performance for new stationary
sources but for which air quality criteria have not been issued, and
which is not included on a list published under section 108(a) or
section 112(b)(1)(A) of the Act.

\(b\) \"Designated facility\" means any existing facility (see section
60.2(aa)) which emits a designated pollutant and which would be subject
to a standard of performance for that pollutant if the existing facility
were an affected facility (see section 60.2).

\(c\) \"Plan\" means a plan under section 111(d) of the Act which
establishes emission standards for designated pollutants from designated
facilities and provides for the implementation and enforcement of such
emission standards.

\(d\) \"Applicable plan\" means the plan, or most recent revision
thereof, which has been approved under section 60.27(b) or promulgated
under section 60.27(d).

\(e\) \"Emission guideline\" means a guideline set forth in Subpart C of
this part, or in a final guideline document published under
section 60.22(a), which reflects the degree of emission reduction
achievable through the application of the best system of emission
reduction which (taking into account the cost of such reduction) the
Administrator has determined has been adequately demonstrated for
designated facilities.

\(f\) \"Emission standard\" means a legally enforceable regulation
setting forth an allowable rate of emissions into the atmosphere, or
prescribing equipment specifications for control of air pollution
emissions.

\(g\) \"Compliance schedule\" means a legally enforceable schedule
specifying a date or dates by which a source or category of sources must
comply with specific emission standards contained in a plan or with any
increments of progress to achieve such compliance.

\(h\) \"Increments of progress\" means steps to achieve compliance which
must be taken by an owner or operator of a designated facility,
including:

\(1\) Submittal of a final control plan for the designated facility to
the appropriate air pollution control agency;

\(2\) Awarding of contracts for emission control systems or for process
modifications, or issuance of orders for the purchase of component parts
to accomplish emission control or process modification;

\(3\) Initiation of on-site construction or installation of emission
control equipment or process change;

\(4\) Completion of on-site construction or installation of emission
control equipment or process change; and

\(5\) Final compliance.

\(i\) \"Region\" means an air quality control region designated under
section 107 of the Act and described in Part 81 of this chapter.

\(j\) \"Local agency\" means any local governmental agency.

60.22 Publication of guideline documents, emission guidelines, and final
compliance times.

\(a\) Concurrently upon or after proposal of standards of performance
for the control of a designated pollutant from affected facilities, the
Administrator will publish a draft guideline document containing
information pertinent to control of the designated pollutant from
designated facilities. Notice of the availability of the draft guideline
document will be published in the FEDERAL REGISTER and public comments
on its contents will be invited. After consideration of Public comments
and upon or after promulgation of standards of performance for control
of a designated pollutant from affected facilities, a final guideline
document will be published and notice of its availability will be
published in the FEDERAL REGISTER.

\(b\) Guideline documents published under this section will provide
information for the development of State plans, such as:

\(1\) Information concerning known or suspected endangerment of public
health or welfare caused, or contributed to, by the designated
pollutant.

\(2\) A description of systems of emission reduction which, in the
judgment of the Administrator, have been adequately demonstrated.

\(3\) Information on the degree of emission reduction which is
achievable with each system, together with information on the costs and
environmental effects of applying each system to designated facilities.

\(4\) Incremental periods of time normally expected to be necessary for
the design, installation, and startup of identified control systems.

\(5\) An emission guideline that reflects the application of the best
system of emission reduction (considering the cost of such reduction)
that has been adequately demonstrated for designated facilities, and the
time within which compliance with emission standards of equivalent
stringency can be achieved. The Administrator will specify different
emission guidelines or compliance times or both for different sizes,
types, and classes of designated facilities when costs of control,
physical limitations, geographical location, or similar factors make
subcategorization appropriate.

\(6\) Such other available information as the Administrator determines
may contribute to the formulation of State plans.

\(c\) Except as provided in paragraph (d)(1) of this section, the
emission guidelines and compliance times referred to in paragraph (b)(5)
of this section will be proposed for comment upon publication of the
draft guideline document, and after consideration of comments will be
promulgated in Subpart C of this part with such modifications as may be
appropriate.

(d)(1) If the Administrator determines that a designated pollutant may
cause or contribute to endangerment of public welfare, but that adverse
effects on public health have not been demonstrated, he will include the
determination in the draft guideline document and in the FEDERAL
REGISTER notice of its availability. Except as provided in paragraph
(d)(2) of this section, paragraph (c) of this section shall be
inapplicable in such cases.

\(2\) If the Administrator determines at any time on the basis of new
information that a prior determination under paragraph (d)(1) of this
section is incorrect or no longer correct, he will publish notice of the
determination in the FEDERAL REGISTER, revise the guideline document as
necessary under paragraph (a) of this section, and propose and
promulgate emission guidelines and compliance times under paragraph (c)
of this section.

60.23 Adoption and submittal of State plans; public hearings.

(a)(1) Unless otherwise specified in the applicable subpart, within 9
months after notice of the availability of a final guideline document is
published under section 60.22a), each State shall adopt and submit to
the Administrator, in accordance with section 60.4 of subpart A of this
part, a plan for the control of the designated pollutant to which the
guideline document applies.

\(2\) Within nine months after notice of the availability of a final
revised guideline document is published as provided in section
60.22(d)(2), each State shall adopt and submit to the Administrator any
plan revision necessary to meet the requirements of this subpart.

\(b\) If no designated facility is located within a State, the State
shall submit a letter of certification to that effect to the
Administrator within the time specified in paragraph (a) of this
section. Such certification shall exempt the State from the requirements
of this subpart for that designated pollutant.

(c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this
section, the State shall, prior to the adoption of any plan or revision
thereof, conduct one or more public hearings within the State on such
plan or plan revision.

\(2\) No hearing shall be required for any change to an increment of
progress in an approved compliance schedule unless the change is likely
to cause the facility to be unable to comply with the final compliance
date in the schedule.

\(3\) No hearing shall be required on an emission standard in effect
prior to the effective date of this subpart if it was adopted after a
public hearing and is at least as stringent as the corresponding
emission guideline specified in the applicable guideline document
published under section 60.22(a).

\(d\) Any hearing required by paragraph (c) of this section shall be
held only after reasonable notice. Notice shall be given at least 30
days prior to the date of such hearing and shall include:

\(1\) Notification to the public by prominently advertising the date,
time, and place of such hearing in each region affected;

\(2\) Availability, at the time of public announcement, of each proposed
plan or revision thereof for public inspection in at least one location
in each region to which it will apply;

\(3\) Notification to the Administrator;

\(4\) Notification to each local air pollution control agency in each
region to which the plan or revision will apply; and

\(5\) In the case of an interstate region, notification to any other
State included in the region.

\(e\) The State shall prepare and retain, for a minimum of 2 years, a
record of each hearing for inspection by any interested party. The
record shall contain, as a minimum, a list of witnesses together with
the text of each presentation.

\(f\) The State shall submit with the plan or revision:

\(1\) Certification that each hearing required by paragraph (c) of this
section was held in accordance with the notice required by paragraph (d)
of this section; and

\(2\) A list of witnesses and their organizational affiliations, if any,
appearing at the hearing and a brief written summary of each
presentation or written submission.

\(g\) Upon written application by a State agency (through the
appropriate Regional Office), the Administrator may approve State
procedures designed to insure public participation in the matters for
which hearings are required and public notification of the opportunity
to participate if, in the judgment of the Administrator, the procedures,
although different from the requirements of this subpart, in fact
provide for adequate notice to and participation of the public. The
Administrator may impose such conditions on his approval as he deems
necessary. Procedures approved under this section shall be deemed to
satisfy the requirements of this subpart regarding procedures for public
hearings.

60.24 Emission standards and compliance schedules.

\(a\) Each plan shall include emission standards and compliance
schedules.

(b)(1) Emission standards shall prescribe allowable rates of emissions
except when it is clearly impracticable. Such cases will be identified
in the guideline documents issued under section 60.22. Where emission
standards prescribing equipment specifications are established, the plan
shall, to the degree possible, set forth the emission reductions
achievable by implementation of such specifications, and may permit
compliance by the use of equipment determined by the State to be
equivalent to that prescribed.

\(2\) Test methods and procedures for determining compliance with the
emission standards shall be specified in the plan. Methods other than
those specified in Appendix A to this part may be specified in the plan
if shown to be equivalent or alternative methods as defined in section
60.2(t) and (u).

\(3\) Emission standards shall apply to all designated facilities within
the State. A plan may contain emission standards adopted by local
jurisdictions provided that the standards are enforceable by the State.

\(c\) Except as provided in paragraph (f) of this section, where the
Administrator has determined that a designated pollutant may cause or
contribute to endangerment of public health, emission standards shall be
no less stringent than the corresponding emission guideline(s) specified
in Subpart C of this part, and final compliance shall be required as
expeditiously as practicable but no later than the compliance times
specified in Subpart C of this part.

\(d\) Where the Administrator has determined that a designated that a
designated pollutant may cause or contribute to endangerment of public
welfare but that adverse effects on public health have not been
demonstrated, States may balance the emission guidelines, compliance
times, and other information provided in the applicable guideline
document against other factors of public concern in establishing
emission standards, compliance schedules, and variances. Appropriate
consideration shall be given to the factors specified in section
60.22(b) and to information presented at the public hearing(s) conducted
under section 60.23(c).

(e)(1) Any compliance schedule extending more than 12 months from the
date required for submittal of the plan shall include legally
enforceable increments of progress to achieve compliance for each
designated facility or category of facilities. Increments of progress
shall include, where practicable, each increment of progress specified
in section 60.21(h) and shall include such additional increments of
progress as may be necessary to permit close and effective supervision
of progress toward final compliance.

\(2\) A plan may provide that compliance schedules for individual
sources or categories of sources will be formulated after plan
submittal. Any such schedule shall be the subject of a public hearing
held according to section 60.23 and shall be submitted to the
Administrator within 60 days after the date of adoption of the schedule
but in no case later than the date prescribed for submittal of the first
semiannual report required by section 60.25(e).

\(f\) Unless otherwise specified in the applicable subpart on a
case-by-case basis for particular designated facilities or classes of
facilities, States may provide for the application of less stringent
emissions standards or longer compliance schedules than those otherwise
required by paragraph (c) of this section, provided that the State
demonstrates with respect to each such facility (or class of
facilities):

\(1\) Unreasonable cost of control resulting from plant age, location,
or basic process design;

\(2\) Physical impossibility of installing necessary control equipment;
or

\(3\) Other factors specific to the facility (or class of facilities)
that make application of a less stringent standard or final compliance
time significantly more reasonable.

\(g\) Nothing in this subpart shall be construed to preclude any State
or political subdivision thereof from adopting or enforcing

\(1\) emission standards more stringent than emission guidelines
specified in Subpart C of this part or in applicable guideline documents
or

\(2\) compliance schedules requiring final compliance at earlier times
than those specified in Subpart C or in applicable guideline documents.

60.25 Emission inventories, source surveillance, reports.

\(a\) Each plan shall include an inventory of all designated facilities,
including emission data for the designated pollutants and information
related to emissions as specified in Appendix D to this part. Such data
shall be summarized in the plan, and emission rates of designated
pollutants from designated facilities shall be correlated with
applicable emission standards. As used in this subpart, \"correlated\"
means presented in such a manner as to show the relationship between
measured or estimated amounts of emissions and the amounts of such
emissions allowable under applicable emission standards.

\(b\) Each plan shall provide for monitoring the status of compliance
with applicable emission standards. Each plan shall, as a minimum,
provide for:

\(1\) Legally enforceable procedures for requiring owners or operators
of designated facilities to maintain records and periodically report to
the State information on the nature and amount of emissions from such
facilities, and/or such other information as may be necessary to enable
the State to determine whether such facilities are in compliance with
applicable portions of the plan.

\(2\) Periodic inspection and, when applicable, testing of designated
facilities.

\(c\) Each plan shall provide that information obtained by the State
under paragraph (b) of this section shall be correlated with applicable
emission standards (see section 60.25(a)) and made available to the
general public.

\(d\) The provisions referred to in paragraphs (b) and (c) of this
section shall be specifically identified. Copies of such provisions
shall be submitted with the plan unless:

\(1\) They have been approved as portions of a preceding plan submitted
under this subpart or as portions of an implementation plan submitted
under section 110 of the Act, and

\(2\) The State demonstrates:

\(i\) That the provisions are applicable to the designated pollutant(s)
for which the plan is submitted, and

\(ii\) That the requirements of section 60.26 are met.

\(e\) The State shall submit reports on progress in plan enforcement to
the Administrator on an annual (calendar year) basis, commencing with
the first full report period after approval of a plan or after
promulgation of a plan by the Administrator. Information required under
this paragraph must be included in the annual report required by section
51.321 of this chapter.

\(f\) Each progress report shall include:

\(1\) Enforcement actions initiated against designated facilities during
the reporting period, under any emission standard or compliance schedule
of the plan.

\(2\) Identification of the achievement of any increment of progress
required by the applicable plan during the reporting period.

\(3\) Identification of designated facilities that have ceased operation
during the reporting period.

\(4\) Submission of emission inventory data as described in paragraph
(a) of this section for designated facilities that were not in operation
at the time of plan development but began operation during the reporting
period.

\(5\) Submission of additional data as necessary to update the
information submitted under paragraph (a) of this section or in previous
progress reports.

\(6\) Submission of copies of technical reports on all performance
testing on designated facilities conducted under paragraph (b)(2) of
this section, complete with concurrently recorded process data.

60.26 Legal authority.

\(a\) Each plan shall show that the State has legal authority to carry
out the plan, including authority to:

\(1\) Adopt emission standards and compliance schedules applicable to
designated facilities.

\(2\) Enforce applicable laws, regulations, standards, and compliance
schedules, and seek injunctive relief.

\(3\) Obtain information necessary to determine whether designated
facilities are in compliance with applicable laws, regulations,
standards, and compliance schedules, including authority to require
recordkeeping and to make inspections and conduct tests of designated
facilities.

\(4\) Require owners or operators of designated facilities to install,
maintain, and use emission monitoring devices and to make periodic
reports to the State on the nature and amounts of emissions from such
facilities; also authority for the State to make such data available to
the public as reported and as correlated with applicable emission
standards.

\(b\) The provisions of law or regulations which the State determines
provide the authorities required by this section shall be specifically
identified. Copies of such laws or regulations shall be submitted with
the plan unless:

\(1\) They have been approved as portions of a preceding plan submitted
under this subpart or as portions of an implementation plan submitted
under section 110 of the Act, and

\(2\) The State demonstrates that the laws or regulations are applicable
to the designated pollutant(s) for which the plan is submitted.

\(c\) The plan shall show that the legal authorities specified in this
section are available to the State at the time of submission of the
plan. Legal authority adequate to meet the requirements of paragraphs
(a)(3) and (4) of this section may be delegated to the State under
section 114 of the Act.

\(d\) A State governmental agency other than the State air pollution
control agency may be assigned responsibility for carrying out a portion
of a plan if the plan demonstrates to the Administrator\'s satisfaction
that the State governmental agency has the legal authority necessary to
carry out that portion of the plan.

\(e\) The State may authorize a local agency to carry out a plan, or
portion thereof, within the local agency\'s jurisdiction if the plan
demonstrates to the Administrator\'s satisfaction that the local agency
has the legal authority necessary to implement the plan or portion
thereof, and that the authorization does not relieve the State of
responsibility under the Act for carrying out the plan or portion
thereof.

60.27 Actions by the Administrator.

\(a\) The Administrator may, whenever he determines necessary, extend
the period for submission of any plan or plan revision or portion
thereof.

\(b\) After receipt of a plan or plan revision, the Administrator will
propose the plan or revision for approval or disapproval. The
Administrator will, within four months after the date required for
submission of a plan or plan revision, approve or disapprove such plan
or revision or each portion thereof.

\(c\) The Administrator will, after consideration of any State hearing
record, promptly prepare and publish proposed regulations setting forth
a plan, or portion thereof, for a State if:

\(1\) The State fails to submit a plan within the time prescribed;

\(2\) The State fails to submit a plan revision required by section
60.23(a)(2) within the time prescribed; or

\(3\) The Administrator disapproves the State plan or plan revision or
any portion thereof, as unsatisfactory because the requirements of this
subpart have not been met.

\(d\) The Administrator will, within six months after the date required
for submission of a plan or plan revision, promulgate the regulations
proposed under paragraph (c) of this section with such modifications as
may be appropriate unless, prior to such promulgation, the State has
adopted and submitted a plan or plan revision which the Administrator
determines to be approvable.

(e)(1) Except as provided in paragraph (e)(2) of this section,
regulations proposed and promulgated by the Administrator under this
section will prescribe emission standards of the same stringency as the
corresponding emission guideline(s) specified in the final guideline
document published under section 60.22(a) and will require final
compliance with such standards as expeditiously as practicable but no
later than the times specified in the guideline document.

\(2\) Upon application by the owner or operator of a designated facility
to which regulations proposed and promulgated under this section will
apply, the Administrator may provide for the application of less
stringent emission standards or longer compliance schedules than those
otherwise required by this section in accordance with the criteria
specified in section 60.24(f).

\(f\) If a State failed to hold a public hearing as required by section
60.23(c), the Administrator will provide opportunity for a hearing
within the State prior to promulgation of a plan under paragraph (d) of
this section.

60.28 Plan revisions by the State.

\(a\) Plan revisions which have the effect of delaying compliance with
applicable emission standards or increments of progress or of
establishing less stringent emission standards shall be submitted to the
Administrator within 60 days after adoption in accordance with the
procedures and requirements applicable to development and submission of
the original plan.

\(b\) More stringent emission standards, or orders which have the effect
of accelerating compliance, may be submitted to the Administrator as
plan revisions in accordance with the procedures and requirements
applicable to development and submission of the original plan.

\(c\) A revision of a plan, or any portion thereof, shall not be
considered part of an applicable plan until approved by the
Administrator in accordance with this subpart.

60.29 Plan revisions by the Administrator.

After notice and opportunity for public hearing in each affected State,
the Administrator may revise any provision of an applicable plan if:

\(a\) The provision was promulgated by the Administrator, and

\(b\) The plan, as revised, will be consistent with the Act and with the
requirements of this subpart.