[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: 40CFR63.55]

[Page 85-86]
 
                   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. 63.55  Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission 
          limitations.

    (a) Requirements for permitting authorities. The permitting 
authority must determine whether the Sec. 63.53(a) Part 1 and 
Sec. 63.53(b) Part 2 MACT application is complete or an application for 
a Notice of MACT Approval is approvable. In either case, when the 
application is complete or approvable, the permitting authority must 
establish hazardous air pollutant emissions limitations equivalent to 
the limitations that would apply if an emission standard had been

[[Page 86]]

issued in a timely manner under section 112(d) or (h) of the Act. The 
permitting authority must establish these emissions limitations 
consistent with the following requirements and principles:
    (1) Emission limitations must be established for the equipment and 
activities within the affected sources within a source category or 
subcategory for which the section 112(j) deadline has passed.
    (2) Each emission limitation for an existing affected source must 
reflect the maximum degree of reduction in emissions of hazardous air 
pollutants (including a prohibition on such emissions, where achievable) 
that the permitting authority, taking into consideration the cost of 
achieving such emission reduction and any non-air quality health and 
environmental impacts and energy requirements, determines is achievable 
by affected sources in the category or subcategory for which the section 
112(j) deadline has passed. This limitation must not be less stringent 
than the MACT floor which must be established by the permitting 
authority according to the requirements of section 112(d)(3)(A) and (B) 
and must be based upon available information.
    (3) Each emission limitation for a new affected source must reflect 
the maximum degree of reduction in emissions of hazardous air pollutants 
(including a prohibition on such emissions, where achievable) that the 
permitting authority, taking into consideration the cost of achieving 
such emission reduction and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable. This 
limitation must not be less stringent than the emission limitation 
achieved in practice by the best controlled similar source which must be 
established by the permitting authority according to the requirements of 
section 112(d)(3). This limitation must be based upon available 
information.
    (4) The permitting authority must select a specific design, 
equipment, work practice, or operational standard, or combination 
thereof, when it is not feasible to prescribe or enforce an equivalent 
emission limitation due to the nature of the process or pollutant. It is 
not feasible to prescribe or enforce a limitation when the Administrator 
determines that hazardous air pollutants cannot be emitted through a 
conveyance designed and constructed to capture such pollutant, or that 
any requirement for, or use of, such a conveyance would be inconsistent 
with any Federal, State, or local law, or the application of measurement 
methodology to a particular class of sources is not practicable due to 
technological and economic limitations.
    (5) Nothing in this subpart shall prevent a State or local 
permitting authority from establishing an emission limitation more 
stringent than required by Federal regulations.
    (b) Reporting to EPA. The owner or operator must submit additional 
copies of its Part 1 and Part 2 MACT application for a title V permit, 
permit revision, or Notice of MACT Approval, whichever is applicable, to 
the EPA at the same time the material is submitted to the permitting 
authority.

[67 FR 16610, Apr. 5, 2002]