c How do I apply to use my state standards as part of my state or Tribal plan submission?
40 C.F.R. § 60.5364c
in effectIn order for you to apply to use your state standards as part of your state or Tribal plan submission your state requirements for designated facilities must meet the standards of performance criteria specified in paragraph (a) of this section and you must provide the supporting documentation that you met those criteria as specified in paragraph (b) of this section.
(a) You must demonstrate that the state standards of performance established for a designated facility in your state or Tribal plan meet the equivalency criteria specified in paragraphs (a)(1) through (6) of this section when compared to the designated facility presumptive standards specified in EG OOOOc.
(1) Designated facility,
(2) Designated pollutant,
(3) Standard type/format of standard,
(4) Emission reductions (considering applicability thresholds and exemptions) unless relying on § 60.5365c,
(5) Compliance determination method, and
(6) Ongoing compliance assurance requirements (e.g., monitoring, recordkeeping and reporting requirements).
(b) You must provide the supporting documentation that you met the equivalency criteria specified in paragraph (a) of this section as specified in paragraphs (b)(1) through (3) of this section.
(1) Your state or Tribal plan should identify the designated facility requirements of your state program that you are submitting for approval to become federally enforceable requirements under the plan.
(2) You must include a detailed explanation and analysis of how the relied upon state standards are at least as stringent as the requirements of the final EG based on each of the criteria specified in paragraph (a) of this section, or comply with § 60.5365c for paragraph (a)(4) of this section.
(3) You must include a copy of the actual state law/regulation or document submitted for approval and incorporation into the state or Tribal plan.
Source: ecfr_bulkFetched: 7/26/2026
Source: eCFR APIURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-40.xml?part=60Fetched: 5/31/2026