[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.44]

[Page 73-74]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
Subpart B--Requirements for Control Technology Determinations for Major 
 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
                                 112(j)
 
Sec. 63.44  Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement.

    (a) If the Administrator promulgates an emission standard under 
section 112(d) or section 112(h) of the Act or the permitting authority 
issues a determination under section 112(j) of the Act that is 
applicable to a stationary source or group of sources which would be 
deemed to be a constructed or reconstructed major source under this 
subpart before the date that the owner or operator has obtained a final 
and legally effective MACT determination under any of the review options 
available pursuant to Sec. 63.43, the owner or operator of the source(s) 
shall comply with the promulgated standard or determination rather than 
any MACT determination under section 112(g) by the permitting authority, 
and the owner or

[[Page 74]]

operator shall comply with the promulgated standard by the compliance 
date in the promulgated standard.
    (b) If the Administrator promulgates an emission standard under 
section 112(d) or section 112(h) of the Act or the permitting authority 
makes a determination under section 112(j) of the Act that is applicable 
to a stationary source or group of sources which was deemed to be a 
constructed or reconstructed major source under this subpart and has 
been subject to a prior case-by-case MACT determination pursuant to 
Sec. 63.43, and the owner and operator obtained a final and legally 
effective case-by-case MACT determination prior to the promulgation date 
of such emission standard, then the permitting authority shall (if the 
initial title V permit has not yet been issued) issue an initial 
operating permit which incorporates the emission standard or 
determination, or shall (if the initial title V permit has been issued) 
revise the operating permit according to the reopening procedures in 40 
CFR part 70 or part 71, whichever is relevant, to incorporate the 
emission standard or determination.
    (1) The EPA may include in the emission standard established under 
section 112(d) or section 112(h) of the Act a specific compliance date 
for those sources which have obtained a final and legally effective MACT 
determination under this subpart and which have submitted the 
information required by Sec. 63.43 to the EPA before the close of the 
public comment period for the standard established under section 112(d) 
of the Act. Such date shall assure that the owner or operator shall 
comply with the promulgated standard as expeditiously as practicable, 
but not longer than 8 years after such standard is promulgated. In that 
event, the permitting authority shall incorporate the applicable 
compliance date in the title V operating permit.
    (2) If no compliance date has been established in the promulgated 
112(d) or 112(h) standard or section 112(j) determination, for those 
sources which have obtained a final and legally effective MACT 
determination under this subpart, then the permitting authority shall 
establish a compliance date in the permit that assures that the owner or 
operator shall comply with the promulgated standard or determination as 
expeditiously as practicable, but not longer than 8 years after such 
standard is promulgated or a section 112(j) determination is made.
    (c) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, if the Administrator promulgates an emission standard 
under section 112(d) or section 112(h) of the Act or the permitting 
authority issues a determination under section 112(j) of the Act that is 
applicable to a stationary source or group of sources which was deemed 
to be a constructed or reconstructed major source under this subpart and 
which is the subject of a prior case-by-case MACT determination pursuant 
to Sec. 63.43, and the level of control required by the emission 
standard issued under section 112(d) or section 112(h) or the 
determination issued under section 112(j) is less stringent than the 
level of control required by any emission limitation or standard in the 
prior MACT determination, the permitting authority is not required to 
incorporate any less stringent terms of the promulgated standard in the 
title V operating permit applicable to such source(s) and may in its 
discretion consider any more stringent provisions of the prior MACT 
determination to be applicable legal requirements when issuing or 
revising such an operating permit.

[61 FR 68404, Dec. 27, 1996]