[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: 40CFR20.8]

[Page 241-242]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 20_CERTIFICATION OF FACILITIES--Table of Contents
 
Sec. 20.8  Requirements for certification.

    (a) Subject to Sec. 20.9, the Regional Administrator will certify a 
facility if he makes the following determinations:
    (1) It has been certified by the State certifying authority.
    (2) That the facility:
    (i) Removes, alters, disposes of, stores, or prevents the creation 
of pollutants, contaminants, wastes, or heat, which, but for the 
facility, would be released into the environment;
    (ii) Does not by a factor or more than 5 percent: (A) Increase the 
output or capacity, (B) extend the useful life, or (C) reduce the total 
operating costs of the operating unit (of the plant or other property) 
most directly associated with the pollution control facility; and
    (iii) Does not significantly alter the nature of the manufacturing 
or production process or facility.
    (3) The applicant is in compliance with all regulations of Federal 
agencies applicable to use of the facility, including conditions 
specified in any NPDES permit issued to the applicant under section 402 
of the Act.
    (4) The facility furthers the general policies of the United States 
and the States in the prevention and abatement of pollution.
    (5) The applicant has complied with all the other requirements of 
this part and has submitted all requested information.
    (b) In determining whether use of a facility furthers the general 
policies of the United States and the States in the prevention and 
abatement of water pollution, the Regional Administrator shall consider 
whether such facility is consistent with the following, insofar as they 
are applicable to the waters which will be affected by the facility:
    (1) All applicable water quality standards, including water quality 
criteria and plans of implementation and enforcement established 
pursuant to section 303 of the Act or State laws or regulations;
    (2) Decisions issued pursuant to section 310 of the Act;
    (3) Water pollution control programs required pursuant to any one or 
more of the following sections of the Act: Sec. ion 306, section 307, 
section 311, section 318, or section 405; or in order to be consistent 
with a plan under section 208.
    (c) In determining whether use of a facility furthers the general 
policies of the United States and the States in the prevention and 
abatement of air pollution, the Regional Administrator shall consider 
whether such facility is consistent with and meets the following 
requirements, insofar as they are applicable to the air which will be 
affected by the facility;
    (1) Plans for the implementation, maintenance, and enforcement of 
ambient air quality standards adopted or

[[Page 242]]

promulgated pursuant to section 110 of the Act;
    (2) Recommendations issued pursuant to sections 103(e) and 115 of 
the Act which are applicable to facilities of the same type and located 
in the area to which the recommendations are directed;
    (3) Local government requirements for control of air pollution, 
including emission standards;
    (4) Standards promulgated by the Administrator pursuant to the Act.
    (d) A facility that removes elements or compounds from fuels that 
would be released as pollutants when such fuels are burned is eligible 
for certification if the facility is--
    (1) Used in connection with a plant or other property in operation 
before January 1, 1976 (whether located and used at a particular plant 
or as a centralized facility for one or more plants), and
    (2) Is otherwise eligible for certification.
    (e) Where a facility is used in connection with more than one plant 
or other property, one or more of which were not in operation before 
January 1, 1976, or where a facility will perform a function other than 
the removal, alteration, storage, disposal, or prevention of pollutants, 
contaminants, wastes, or heat, the Regional Administrator will so 
indicate on the notice of certification and will approve or disapprove 
the applicant's suggested method of allocating costs. If the Regional 
Administrator disapproves the applicant's suggested method, he shall 
identify the proportion of costs allocable to each such plant, or to the 
removal, alteration, storage, disposal, or prevention of pollutants, 
contaminants, wastes, or heat.

[36 FR 22382, Nov. 25, 1971, as amended at 43 FR 1341, Jan. 9, 1978]