[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR20.3]

[Page 239]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 20_CERTIFICATION OF FACILITIES--Table of Contents
 
Sec. 20.3  General provisions.

    (a) An applicant shall file an application in accordance with this 
part for each separate facility for which certification is sought; 
Provided, That one application shall suffice in the case of 
substantially identical facilities which the applicant has installed or 
plans to install in connection with substantially identical properties; 
Provided further, That an application may incorporate by reference 
material contained in an application previously submitted by the 
applicant under this part and pertaining to substantially identical 
facilities.
    (b) The applicant shall, at the time of application to the State 
certifying authority, submit an application in the form prescribed by 
the Administrator to the Regional Administrator for the region in which 
the facility is located.
    (c) Applications will be considered complete and will be processed 
when the Regional Administrator receives the completed State 
certification.
    (d) Applications may be filed prior or subsequent to the 
commencement of construction, acquisition, installation, or operation of 
the facility.
    (e) An amendment to an application shall be submitted in the same 
manner as the original application and shall be considered a part of the 
original application.
    (f) If the facility is certified by the Regional Administrator, 
notice of certification will be issued to the Sec. etary of the Treasury 
or his delegate, and a copy of the notice shall be forwarded to the 
applicant and to the State certifying authority. If the facility is 
denied certification, the Regional Administrator will advise the 
applicant and State certifying authority in writing of the reasons 
therefor.
    (g) No certification will be made by the Regional Administrator for 
any facility prior to the time it is placed in operation and the 
application, or amended application, in connection with such facility so 
states.
    (h) An applicant may appeal any decision of the Regional 
Administrator which:
    (1) Denies certification;
    (2) Disapproves the applicant's suggested method of allocating costs 
pursuant to Sec. 20.8(e); or
    (3) Revokes a certification pursuant to Sec. 20.10.

Any such appeal may be taken by filing with the Administrator within 30 
days from the date of the decision of the Regional Administrator a 
written statement of objections to the decision appealed from. Within 60 
days after receipt of such appeal the Administrator shall affirm, 
modify, or revoke the decision of the Regional Administrator, stating in 
writing his reasons therefor.

[36 FR 22382, Nov. 25, 1971, as amended at 43 FR 1340, Jan. 9, 1978]