[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR57.204]
[Page 139]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 57_PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents
Subpart B_The Application and the NSO Process
Sec. 57.204 EPA action on second period NSOs which have already been issued.
(a) EPA may approve a second period NSO issued by a State before the
date of publication of these regulations in the Federal Register,
without requiring a complete reapplication under this subpart and new
State proceedings, provided:
(1) The second period NSO was issued by the State consistent with
the procedural requirements of section 119 of the Clean Air Act;
(2) EPA can make a determination that the smelter is eligible for a
second period NSO and whether the smelter can comply with its
SO2 SIP limits on or before January 1, 1988 under the
financial eligibility tests in these regulations on the basis of
available information and such supplementary information as the Agency
may request the smelter to submit; and
(3) The provisions of the NSO are consistent with the requirements
of these regulations.
(b) Should EPA require a smelter to submit information before taking
final action on an NSO referred to in paragraph (a), of this section, it
shall specify a reasonable period for submission of such information in
light of the nature of the information being required. The duration of
such period shall not exceed the period allowed for submission of a
complete application under Sec. 57.202 (a) and (b).
(c) The Agency shall consider the SIP emission limitation for
SO2 to be suspended with respect to a smelter which received
an NSO described in subpart A until EPA takes final action on such NSO.
Such suspension shall terminate if the smelter does not submit
supplementary information within the time specified under paragraph (b).