C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS › Subpart F—Procedural Requirements

40 C.F.R. § 51.104

Revisions

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(a) States may revise the plan from time to time consistent with the requirements applicable to implementation plans under this part.

(b) The States must submit any revision of any regulation or any compliance schedule under paragraph (c) of this section to the Administrator no later than 60 days after its adoption.

(c) EPA will approve revisions only after applicable hearing requirements of § 51.102 have been satisfied.

(d) In order for a variance to be considered for approval as a revision to the State implementation plan, the State must submit it in accordance with the requirements of this section.

[51 FR 40661, Nov. 7, 1986, as amended at 61 FR 16060, Apr. 11, 1996]
Notes of Decisions
Cited in 5 cases, 1989–2004 · leading case: Robert W. Hall v. United States Env't Prot. Agency, 273 F.3d 1146 (9th Cir. 2001).
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Robert W. Hall v. United States Env't Prot. Agency, 273 F.3d 1146 (9th Cir. 2001). “Under 40 C.F.R. § 51.104 (b), Nevada was required to submit the SIP revisions to the EPA within 60 days after Clark County’s approval.”
Kentucky Resources Council, Inc. v. United States Env't Prot. Agency, 304 F. Supp. 2d 920 (W.D. Ky. 2004). “See 40 C.F.R. § 51.104 et seq. Absent any actual case law to support such a view, 6 the District cites a recent situation in Florida.”
Robert W. Hall v. United States Env't Cfr Prot. Agency, 263 F.3d 926 (9th Cir. 2001). “Under 40 C.F.R. § 51.104 (b), Nevada was required to submit the SIP revisions to the EPA within 60 days after Clark County’s approval.”
Missouri Limestone Producers Ass'n v. Browner, 165 F.3d 619 (8th Cir. 1999). “See 40 C.F.R. § 51.104 . Nothing in the text of the Clean Air Act or the regulations requires states to hold a hearing on the submission of a properly adopted SIP revision.”
Greater Cincinnati Chamber of Com. v. United States Env't Prot. Agency, 879 F.2d 1379 (6th Cir. 1989). · cites it 2× “40 C.F.R. § 51.104 . Following notification, the State is given 60 days in which to submit a schedule for the SIP revision.”
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