40 C.F.R. § 60.27

Actions by the Administrator

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(a) The Administrator may, whenever he determines necessary, extend the period for submission of any plan or plan revision or portion thereof.

(b) After receipt of a plan or plan revision, the Administrator will propose the plan or revision for approval or disapproval. The Administrator will, within four months after the date required for submission of a plan or plan revision, approve or disapprove such plan or revision or each portion thereof.

(c) The Administrator will, after consideration of any State hearing record, promptly prepare and publish proposed regulations setting forth a plan, or portion thereof, for a State if:

(1) The State fails to submit a plan within the time prescribed;

(2) The State fails to submit a plan revision required by § 60.23(a)(2) within the time prescribed; or

(3) The Administrator disapproves the State plan or plan revision or any portion thereof, as unsatisfactory because the requirements of this subpart have not been met.

(d) The Administrator will, within six months after the date required for submission of a plan or plan revision, promulgate the regulations proposed under paragraph (c) of this section with such modifications as may be appropriate unless, prior to such promulgation, the State has adopted and submitted a plan or plan revision which the Administrator determines to be approvable.

(e)(1) Except as provided in paragraph (e)(2) of this section, regulations proposed and promulgated by the Administrator under this section will prescribe emission standards of the same stringency as the corresponding emission guideline(s) specified in the final guideline document published under § 60.22(a) and will require final compliance with such standards as expeditiously as practicable but no later than the times specified in the guideline document.

(2) Upon application by the owner or operator of a designated facility to which regulations proposed and promulgated under this section will apply, the Administrator may provide for the application of less stringent emission standards or longer compliance schedules than those otherwise required by this section in accordance with the criteria specified in § 60.24(f).

(f) Prior to promulgation of a plan under paragraph (d) of this section, the Administrator will provide the opportunity for at least one public hearing in either:

(1) Each State that failed to hold a public hearing as required by § 60.23(c); or

(2) Washington, DC or an alternate location specified in the Federal Register.

[40 FR 53346, Nov. 17, 1975, as amended at 65 FR 76384, Dec. 6, 2000]

Notes of Decisions

Cited in 6 cases, 2018–2019 · leading case: Sierra Club v. Wheeler, 330 F. Supp. 3d 407 (D.C. Cir. 2018).

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Sierra Club v. Wheeler, 330 F. Supp. 3d 407 (D.C. Cir. 2018). · cites it 4× “Sierra Club also argues 40 C.F.R. § 60.27 (c) -(d) supports its reading of Section 129.”

State v. U.S. Envtl. Prot. Agency, 385 F. Supp. 3d 903 (Mont. 2019). · cites it 5× “If either (i) states to which the guideline pertained did not submit implementation plans, or (ii) EPA disapproved a submitted plan, then EPA was required to promulgate a federal plan by November 30, 2017, see 40 C.F.R. § 60.27 (d). As of May 30, 2017, EPA received…”

Sierra Club v. McCarthy (D.D.C. 2018). · cites it 4× “4 Sierra Club also argues 40 C.F.R. § 60.27 (c)-(d) supports its reading of Section 129.”

California v. U.S. E.P.A., 360 F. Supp. 3d 984 (N.D. Cal. 2018). · cites it 2× “EPA was required to approve or disapprove submitted plans by September 30, 2017, see 40 C.F.R. § 60.27 (b) ; and 3. If either (i) states to which the guideline pertained did not submit implementation plans, or (ii) EPA disapproved a submitted plan, then EPA was required to…”

State of California v. United States Env't Prot. Agency (N.D. Cal. 2019). · cites it 2× “EPA was required to approve or disapprove submitted plans by September 30, 2017, see 40 C.F.R. § 60.27 (b); and 19 3. If either (i) states to which the guideline pertained did not submit implementation plans, or (ii) EPA disapproved a submitted 20 plan, then EPA was required to…”

State of California v. United States Env't Prot. Agency (N.D. Cal. 2019). “EPA was required to approve or disapprove submitted plans 7 by September 30, 2017, see 40 C.F.R. § 60.27 (b); and 3. If either (i) states to which the guideline pertained did not 8 submit implementation plans, or (ii) EPA disapproved a submitted plan, then EPA was required to…”

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