40 C.F.R. § 124.42

Additional procedures for PSD permits affecting Class I areas

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(a) The Regional Administrator shall provide notice of any permit application for a proposed major PSD stationary source or major PSD modification the emissions from which would affect a Class I area to the Federal Land Manager, and the Federal official charged with direct responsibility for management of any lands within such area. The Regional Administrator shall provide such notice promptly after receiving the application.

(b) Any demonstration which the Federal Land Manager wishes to present under 40 CFR 52.21(q)(3), and any variances sought by an owner or operator under § 52.21(q)(4) shall be submitted in writing, together with any necessary supporting analysis, by the end of the public comment period under § 124.10 or § 124.118. (40 CFR 52.21(q)(3) provides for denial of a PSD permit to a facility or activity when the Federal Land Manager demonstrates that its emissions would adversely affect a Class I area even though the applicable increments would not be exceeded. 40 CFR 52.21(q)(4) conversely authorizes EPA, with the concurrence of the Federal Land Manager and State responsible, to grant certain variances from the otherwise applicable emission limitations to a facility or activity whose emissions would affect a Class I area.)

(c) Variances authorized by 40 CFR 52.21 (q)(5) through (q)(7) shall be handled as specified in those paragraphs and shall not be subject to this part. Upon receiving appropriate documentation of a variance properly granted under any of these provisions, the Regional Administrator shall enter the variance in the administrative record. Any decisions later made in proceedings under this part concerning that permit shall be consistent with the conditions of that variance.

Notes of Decisions

Cited in 2 cases, 1975–1976 · leading case: Natural Resources Defense Council, Inc. v. Russell E. Train, in His Official Capacity as Administrator, Environmental Pr

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Natural Resources Defense Council, Inc. v. Russell E. Train, in His Official Capacity as Administrator, Environmental Pr (1975) cadc · cites it 3× “” 40 C.F.R. § 124.42 (a)(1) (1973). Section 402(a)(1) contains a safety valve which allows the Administrator to issue permits on “such conditions as [he] determines are necessary to carry out the provision of the Act” prior to “necessary implementing actions” relating to the…”

Peabody Coal Co. v. Pollution Control Board (1976) illappct “( 40 C.F.R. §124.42 (a) (b) (1975).) The Illinois NPDES regulations provide, “(a) * * # the Agency shall impose such conditions as the Agency determines are necessary to carry out the provisions of the FWPCA.”

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