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40 CFR § 60.5369c - Is there an approval process for a negative declaration letter?

---
identifier: "/us/cfr/t40/s60.5369c"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 60.5369c - Is there an approval process for a negative declaration letter?"
title_number: 40
title_name: "Protection of Environment"
section_number: "60.5369c"
section_name: "Is there an approval process for a negative declaration letter?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "60"
part_name: "STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401"
regulatory_source: "36 FR 24877, Dec. 23, 1971, unless otherwise noted."
cfr_part: "60"
---

# 60.5369c Is there an approval process for a negative declaration letter?

No. The EPA has no formal review process for negative declaration letters. Once your negative declaration letter has been received, the EPA will place a copy in the public docket and publish a notice in the *Federal Register.* If, at a later date, a designated facility for which construction commenced on or before December 6, 2022, is found in your state, that designated facility must be subject to a state, Tribal, or Federal plan in accordance with the requirements of this subpart and subpart Ba.