[Title 40 CFR 60.23]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart B - Adoption and Submittal of State Plans for Designated]
[Sec. 60.23 - Adoption and submittal of State plans; public hearings.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.23Sec. 60.23PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Adoption and Submittal of State Plans for Designated
Sec. 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 Sec. 60.22(a), each State shall adopt and submit to 
the Administrator, in accordance with Sec. 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 Sec. 
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 Sec. 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:

[[Page 111]]

    (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.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995]