40 CFR § 57.204

40 CFR · Protection of Environment

§ 57.204 — EPA action on second period NSOs which have already been issued.

40 CFR § 57.204

TitleTitle 40: Protection of Environment PartPart 57: Primary Nonferrous Smelter Orders

SourceeCFR (current through Apr 10, 2026)

This text of 40 C.F.R. § 57.204 (EPA action on second period NSOs which have already been issued.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

40 C.F.R. § 57.204 (2026).

Text

§ 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

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§ 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 § 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).