[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR57.702]

[Page 151-152]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 57--PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents
 
               Subpart G--Compliance Schedule Requirements
 
Sec. 57.702  Compliance with constant control emission limitation.

    (a) This section applies to all smelters which receive an NSO, but 
only to the extent this section is compatible with any SIP compliance 
schedule required by Secs. 57.201(d)(2) and 57.705.
    (b) Any NSO issued to a smelter not required to immediately comply 
with the requirements of subpart G under Sec. 57.701 shall contain a 
schedule for compliance with those requirements as expeditiously as 
practicable but in no case later than 6 months from the effective date 
of the NSO, except as follows: Where a waiver is requested in accordance 
with subpart H, an NSO may be issued without a schedule for compliance 
with the requirements for which a waiver is being considered consistent 
with subpart H, pending a final decision on the request under subpart H. 
If a waiver is requested in accordance with subpart H, compliance with 
the requirements of subpart C which were deferred as a result of such 
request shall be achieved as expeditiously as practicable after, but in 
no case later than 6 months from a final decision by the issuing agency 
to deny a waiver under subpart H or disapproval by EPA of a waiver 
granted by the issuing agency. The time limits specified herein may be 
extended only if a smelter operator demonstrates that special 
circumstances warrant more time, in which case the compliance schedule 
shall require compliance as expeditiously as practicable. An NSO which 
does not contain a schedule for compliance with all the requirements of 
subpart C because a waiver has been requested in accordance with subpart 
H shall be amended in accordance with Sec. 57.104 within three months 
after a final decision under subpart H so as to either grant a waiver of 
any remaining requirements of subpart C, or deny such a waiver and place 
the smelter on a compliance schedule for meeting those requirements. If 
the issuing agency grants a waiver and such waiver is disapproved by 
EPA, the issuing agency shall promptly amend

[[Page 152]]

the NSO so as to place the smelter on a compliance schedule meeting any 
remaining requirements of subpart C.
    (c) Any schedule required under this section shall contain the 
following information and increments of progress to the extent 
applicable:
    (1) Description of the overall design of the SO2 control 
system(s) to be installed;
    (2) Descriptions of specific process hardware to be used in 
achieving compliance with interim SO2 constant controls 
including gas capacity values;
    (3) The date by which contracts will be let or purchase orders 
issued to accomplish any necessary performance improvements;
    (4) The date for initiating on-site construction or installation of 
necessary equipment;
    (5) The date by which on-site construction or installation of 
equipment is to be completed; and
    (6) The date for achievement of final compliance with interim 
emission limitations.