[Code of Federal Regulations] [Title 40, Volume 3] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR52.872] [Page 664] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS --Table of Contents Subpart R_Kansas Sec. 52.872 Operating permits. Emission limitations and related provisions which are established in Kansas operating permits as Federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations. [60 FR 36364, July 17, 1995]