40 CFR 49.169 - Permit approval criteria.

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There is 1 rule appearing in the Federal Register for 40 CFR 49. View below or at eCFR (GPOAccess)
49.169 Permit approval criteria.
(a) What are the general criteria for permit approval? The general review criteria for permits are provided in part 51, Appendix S, paragraph II.B of this chapter. In summary, that paragraph basically requires the reviewing authority to ensure that the proposed new major source or major modification would meet all applicable emission requirements in the EPA-approved implementation plan or FIP, any applicable new source performance standard in part 60 of this chapter and any applicable national emission standards for hazardous air pollutants in part 61 or part 63 of this chapter, before a permit can be issued.
(b) What are the program-specific criteria for permit approval? The approval criteria or conditions for obtaining a major NSR permit for major sources and major modifications locating in nonattainment areas are given in part 51, Appendix S, paragraph IV.A of this chapter. In summary, these are the following:
(1) The lowest achievable emission rate (LAER) requirement for any NSR pollutant subject to this program.
(2) Certification that all existing major sources owned or operated by you in the same state as the state including the Tribal land where the proposed source or modification is locating are in compliance or under a compliance schedule.
(3) Emissions reductions (offsets) requirement for any source or modification subject to this program.
(4) A demonstration that the emission offsets will provide a net air quality benefit in the affected area.
(5) An analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source that demonstrates that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

Title 40 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-08; vol. 79 # 153 - Friday, August 8, 2014
    1. 79 FR 46514 - Approval of Air Quality Implementation Plans; Navajo Nation; Regional Haze Requirements for Navajo Generating Station
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      Final rule.
      Effective date: This rule is effective on October 7, 2014.
      40 CFR Part 49

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United States Code

Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 49 after this date.

  • 2014-08-19; vol. 79 # 160 - Tuesday, August 19, 2014
    1. 79 FR 49031 - General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country
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      Notice of proposed rulemaking; extension of public comment period.
      The public comment period for the notice of proposed rulemaking published July 17, 2014 (79 FR 41846), is being extended by 30 days to September 17, 2014, in order to provide the public additional time to submit comments.
      40 CFR Part 49