1. (a) An appeal of the acid rain portion of a title V operating permit that does not challenge or involve decisions or actions of the EPA under the acid rain provisions of the Act or 40 CFR §72 and 40 CFR §76 shall be filed pursuant to Ec-Air 203.
2. (b) An appeal of the acid rain portion of a title V operating permit that challenges or involves decisions or actions of the EPA shall follow the procedures of 40 CFR §78 and section 307 of the Act.

3. (c) As specified in 40 CFR §72.72(b)(5)(i), decisions or actions involving the EPA shall include, but not be limited to:

   1. (1) Allowance allocations;
   2. (2) Determinations concerning alternative monitoring systems; and
   3. (3) Determinations of whether a technology is a qualifying repowering technology.

Source. #6057-B, eff 6-30-95; ss by #7879, eff 4-26-03 (formerly Env-A 611.14); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22