Approval means a determination by the Administrator that a State rule, program, or requirement meets the criteria of 63.91 and the additional criteria of either 63.92, 63.93, 63.94, or 63.97 as appropriate. For accidental release prevention programs, the criteria of 63.95 must be met in addition to the criteria of 63.91. This is considered a full approval for the purposes of this subpart. Partial approvals may also be granted as described in this subpart. Any approved requirements become applicable requirements under 70.2 of this chapter.


40 CFR § 63.90

Scoping language

The regulations in this subpart establish procedures consistent with section 112 of the Clean Air Act (Act) (42 U.S.C. 74017671q). This subpart establishes procedures for the approval of State rules, programs, or other requirements such as permit terms and conditions to be implemented and enforced in place of certain otherwise applicable section 112 Federal rules, emission standards, or requirements (including section 112 rules promulgated under the authority of the Act prior to the 1990 Amendments to the Act). The authority to implement and enforce section 112 Federal rules as promulgated without changes may be delegated under procedures established in this subpart. In this process, States may seek approval of a State mechanism for receiving delegation of existing and future unchanged Federal section 112 standards. This subpart clarifies which part 63, subpart A General Provisions authorities can be delegated to States. This subpart also establishes procedures for the review and withdrawal of section 112 implementation and enforcement authorities delegated through this subpart. This subpart also establishes procedures for the approval of State rules or programs to establish limitations on the potential to emit pollutants listed in or pursuant to section 112(b) of the Act.

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