---
kind: "section"
citation: "40 C.F.R. § 72.73"
title: "40"
number: "72.73"
heading: "State issuance of Phase II permits."
url: "https://uscodex.org/cfr/40/72.73"
---

# §72.73. State issuance of Phase II permits.

- (a) **State Permit Issuance.**
  - (1) A State that is authorized to administer and enforce an operating permit program under [part 70](/cfr/40/part70.md) of this chapter and that has a State Acid Rain program accepted by the Administrator under [§ 72.71](/cfr/40/72.71.md) shall be responsible for administering and enforcing Acid Rain permits effective in Phase II for all affected sources:
    - (i) That are located in the geographic area covered by the operating permits program; and
    - (ii) **To the extent that the accepted State Acid Rain program is applicable.**
  - (2) In administering and enforcing Acid Rain permits, the State permitting authority shall comply with the procedures for issuance, revision, renewal, and appeal of Acid Rain permits under this subpart.
- (b) **Permit Issuance Deadline.**
  - (1) A State, to the extent that it is responsible under [paragraph (a)](#a) of this section as of December 31, 1997 (or such later date as the Administrator may establish) for administering and enforcing Acid Rain permits, shall:
    - (i) On or before December 31, 1997, issue an Acid Rain permit for Phase II covering the affected units (other than opt-in sources) at each source in the geographic area for which the program is approved; provided that the designated representative of the source submitted a timely and complete Acid Rain permit application in accordance with [§ 72.21](/cfr/40/72.21.md).
    - (ii) On or before January 1, 1999, for each unit subject to an Acid Rain NOX emissions limitation, amend the Acid Rain permit under [§ 72.83](/cfr/40/72.83.md) and add any NOX early election plan that was approved by the Administrator under [§ 76.8](/cfr/40/76.8.md) of this chapter and has not been terminated and reopen the Acid Rain permit and add any other Acid Rain Program nitrogen oxides requirements; provided that the designated representative of the affected source submitted a timely and complete Acid Rain permit application for nitrogen oxides in accordance with [§ 72.21](/cfr/40/72.21.md).
  - (2) Each Acid Rain permit issued in accordance with this section shall have a term of 5 years commencing on its effective date; provided that, at the discretion of the permitting authority, an Acid Rain permit for Phase II issued to a source may have a term of less than 5 years where necessary to coordinate the term of such permit with the term of an operating permit to be issued to the source under a State operating permit program. Each Acid Rain permit issued in accordance with [paragraph (b)(1)](#b-1) of this section shall take effect by the later of January 1, 2000, or, where the permit governs a unit under [§ 72.6(a)(3)](/cfr/40/72.6.md?p=a-3) of this part, the deadline for monitor certification under [part 75](/cfr/40/part75.md) of this chapter.

## Notes

### Amendments

[62 FR 55483, Oct. 24, 1997, as amended at 70 FR 25334, May 12, 2005]

### Authority

Authority: 42 U.S.C. 7401, 7403, 7410, 7411, 7426, 7601, et seq.

### Source

Source: 58 FR 3650, Jan. 11, 1993, unless otherwise noted.

### Amendments

[62 FR 55483, Oct. 24, 1997, as amended at 70 FR 25334, May 12, 2005]