---
kind: "section"
citation: "40 C.F.R. § 63.77"
title: "40"
number: "63.77"
heading: "Application procedures."
url: "https://uscodex.org/cfr/40/63.77"
---

# §63.77. Application procedures.

- (a) To apply for an alternative emission limitation under [§ 63.72](/cfr/40/63.72.md), an owner or operator of the source shall file a permit application with the appropriate permitting authority.
- (b) Except as provided in [paragraph (e)](#e) of this section, the permit application shall contain the information required by [§ 63.74](/cfr/40/63.74.md), as applicable, and the additional information required for a complete permit application as specified by the applicable permit program established pursuant to title V of the Act.
- (c) Permit applications under this section for sources not subject to enforceable commitments shall be submitted by the later of the following dates:
  - (1) 120 days after proposal of an otherwise applicable standard issued under section 112(d) of the Act; or
  - (2) 120 days after the date an applicable permit program is approved or established pursuant to title V of the Act.
- (d) Permit applications for sources subject to enforceable commitments pursuant to [§ 63.75](/cfr/40/63.75.md) shall be submitted no later than April 30, 1994.
- (e) If the post-reduction year does not end at least one month before the permit application deadline under [paragraph (c)](#c) of this section, the source may file the post-reduction emissions information required under § [63.74(d)(2)](/cfr/40/63.74.md?p=d-2), [(d)(3)](/cfr/40/63.74.md?p=d-3), and [(d)(5)](/cfr/40/63.74.md?p=d-5) later as a supplement to the original permit application. In such cases, this supplemental information shall be submitted to the permitting authority no later than one month after the end of the post-reduction year.
- (f) If a source test will be the supporting basis for establishing post-reduction emissions for one or more emissions units in the early reductions source, the test results shall be submitted by the applicable deadline for submittal of a permit application as specified in paragraph [(c)](#c) or [(d)](#d) of this section.
- (g) Review and disposition of permit applications submitted under this section will be accomplished according to the provisions of the applicable permit program established pursuant to title V of the Act.

## Notes

### Amendments

[58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

### Amendments

[58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]