40 C.F.R. § 60.23

Adoption and submittal of State plans; public hearings

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(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 § 60.22(a), each State shall adopt and submit to the Administrator, in accordance with § 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 § 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 § 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:

(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]

Notes of Decisions

Cited in 6 cases, 1988–2020 · leading case: State of California v. Usepa, 978 F.3d 708 (9th Cir. 2020).

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State of California v. Usepa, 978 F.3d 708 (9th Cir. 2020). “40 C.F.R. § 60.23 (a)(1). Within four months of that deadline, EPA had to approve or disapprove of the plan.”

Nat'l-Southwire Aluminum Co. v. United States Env't Prot. Agency, 838 F.2d 835 (6th Cir. 1988). “See 40 C.F.R. §§ 60.23 , 60.27. Kentucky submitted a proposed form of its relaxed 111(d) standard to the EPA for comment on March 22, 1985.”

State v. U.S. Envtl. Prot. Agency, 385 F. Supp. 3d 903 (Mont. 2019). · cites it 2× “" 40 C.F.R. § 60.23 (a). The agency then was required to "approve or disapprove" such implementation plans "within four months after the date required for submission of a plan or plan revision.”

California v. U.S. E.P.A., 360 F. Supp. 3d 984 (N.D. Cal. 2018). · cites it 2× “" 40 C.F.R. § 60.23 (a)(1). The agency then was required to "approve or disapprove" such implementation plans "within four months after the date required for submission of a plan or a plan revision.”

State of California v. United States Env't Prot. Agency (N.D. Cal. 2019). “States were required to submit implementation plans by May 6 30, 2017, see 40 C.F.R. § 60.23 (a)(1); 2. EPA was required to approve or disapprove submitted plans 7 by September 30, 2017, see 40 C.”

State of California v. United States Env't Prot. Agency (N.D. Cal. 2019). “States were required to submit implementation plans by May 30, 2017, see 40 C.F.R. § 60.23 (a)(1); 18 2. EPA was required to approve or disapprove submitted plans by September 30, 2017, see 40 C.”

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