[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: 40CFR21.4]

[Page 249-250]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 21_SMALL BUSINESS--Table of Contents
 
Sec. 21.4  Review of application.

    (a) The Regional Administrator or his designee will conduct a review 
of

[[Page 250]]

the application. This review will consist of a general assessment of the 
adequacy of the proposed alterations, additions, or methods of 
operation. The review will corroborate that the proposed alterations, 
additions, or methods of operation are required by an applicable 
standard. The review will identify any proposed alterations, additions, 
or methods of operation that are not required by an applicable standard, 
or that are extraneous to the achievement of an applicable standard.
    (b) The assessment of adequacy will be conducted to ensure that the 
proposed additions, alterations, or methods of operation are sufficient 
to meet one or more applicable standards whether alone or in conjunction 
with other plans. The assessment will not generally examine whether 
other alternatives exist or would be more meritorious from a cost-
effective, efficiency, or technological standpoint.
    (c) An application which proposes additions, alterations, or methods 
of operation whose design, in anticipation of a future requirement, will 
achieve a level of performance above the requirements imposed by a 
presently applicable standard shall be reviewed and approved by EPA or a 
State without prejudice. The amount of financial assistance for such an 
application will be determined by SBA.
    (d) The Regional Administrator shall retain one copy of the 
application and a summary of the action taken on it. Upon completion of 
his review, the Regional Administrator shall return the original 
application along with any other supporting documents or information 
provided to the applicant along with a copy to the appropriate SBA 
district office for processing.