---
kind: "section"
citation: "40 C.F.R. § 71.21"
title: "40"
number: "71.21"
heading: "Program overview."
url: "https://uscodex.org/cfr/40/71.21"
---

# §71.21. Program overview.

- (a) The regulations in this subpart provide for a limited, Federal, title V, permit program to establish alternative emission limitations for early reductions sources that have demonstrated qualifying reductions of hazardous air pollutants under [section 112(i)(5)](/cfr/40/112.md?p=i-5) of the Act. A permit issued under this subpart which establishes such an enforceable alternative emission limitation shall grant all emissions units in the early reductions source a six-year extension from otherwise applicable dates of compliance for standards promulgated under [section 112(d)](/cfr/40/112.md?p=d) of the Act.
- (b) After approval of a State's comprehensive permit program pursuant to title V of the Act, the Administrator may continue to issue specialty permits under this subpart only under the following circumstances:
  - (1) The early reductions source filed a permit application under this subpart before the State obtained approval of a comprehensive title V permit program but the permit had not been finally issued at the time of State program approval; or
  - (2) The early reductions source will be required to file an early reductions permit application under [§ 71.24(b)](/cfr/40/71.24.md?p=b) before a comprehensive permit application is required by the State under the approved program.
- (c) When a circumstance described in paragraph [(b)(1)](#b-1) or [(b)(2)](#b-2) of this section occurs, the primary consideration in the Administrator's decision to issue a specialty permit is the degree of delay anticipated by deferring to the State for permit issuance.
- (d) A Permit issued to an early reductions source under this subpart shall have a term not to exceed five years. Such a specialty permit shall be incorporated into a comprehensive title V permit subsequently issued to the facility containing the early reductions source, without reopening or revision of the specialty permit except as provided in [§ 71.26(e)](/cfr/40/71.26.md?p=e).
- (e) Issuance of a specialty permit under this subpart does not relieve a source from an obligation to file a timely and complete comprehensive permit application as required under an approved comprehensive title V permit program.
- (f) **Delegation to other permitting authorities.**
  - (1) The Administrator may delegate to another permitting authority the responsibility to implement this permit program. Under such a delegation, the Administrator reserves the right to issue a final permit to early reductions sources that filed permit applications with the Administrator prior to the permitting authority obtaining delegation.
  - (2) Under any delegation, the Administrator will require that the permitting authority have enforcement authority substantially equivalent to that specified in [§ 70.11](/cfr/40/70.11.md) of this chapter.
  - (3) Upon any delegation, administrative appeals of permit decisions issuing pursuant to the delegated program shall continue to be subject to the requirements of [§ 71.27(l)](/cfr/40/71.27.md?p=l).

## Notes

### Authority

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

### Source

Source: 59 FR 59924, Nov. 21, 1994, unless otherwise noted.