[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: 40CFR63.72]

[Page 90]
 
                   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 D--Regulations Governing Compliance Extensions for Early 
                 Reductions of Hazardous Air Pollutants
 
Sec. 63.72  General provisions for compliance extensions.

    (a) Except as provided in paragraph (f) of this section, a 
permitting authority acting pursuant to a permitting program approved 
under Title V of the Act shall by permit allow an existing source to 
meet an alternative emission limitation in lieu of an emission 
limitation promulgated under section 112(d) of the Act for a period of 6 
years from the compliance date of the otherwise applicable standard 
provided the source owner or operator demonstrates:
    (1) According to the requirements of Sec. 63.74 that the source has 
achieved a reduction of 90 percent (95 percent or more in the case of 
hazardous air pollutants which are particulates) in emissions of:
    (i) Total hazardous air pollutants from the source;
    (ii) Total hazardous air pollutants from the source as adjusted for 
high-risk pollutant weighting factors, if applicable.
    (2) That such reduction was achieved before proposal of an 
applicable standard or, for sources eligible to qualify for an 
alternative emission limitation as specified in paragraph (c) of this 
section, before January 1, 1994.
    (b) A source granted an alternative emission limitation shall comply 
with an applicable standard issued under section 112(d) of the Act 
immediately upon expiration of the six year compliance extension period 
specified in paragraph (a) of this section.
    (c) An existing source that achieves the reduction specified in 
paragraph (a)(1) of this section after proposal of an applicable section 
112(d) standard but before January 1, 1994, may qualify for an 
alternative emission limitation under paragraph (a) of this section if 
the source makes an enforceable commitment, prior to proposal of the 
applicable standard, to achieve such reduction. The enforceable 
commitment shall be made according to the procedures and requirements of 
Sec. 63.75.
    (d) For each permit issued to a source under paragraph (a) of this 
section, there shall be established as part of the permit an enforceable 
alternative emission limitation for hazardous air pollutants reflecting 
the reduction which qualified the source for the alternative emission 
limitation.
    (e) An alternative emission limitation shall not be available with 
respect to standards or requirements promulgated to provide an ample 
margin of safety to protect public health pursuant to section 112(f) of 
the Act, and the Administrator will, for the purpose of determining 
whether a standard under section 112(f) of the Act is necessary, review 
emissions from sources granted an alternative emission limitation under 
this subpart at the same time that other sources in the category or 
subcategory are reviewed.
    (f) Nothing in this subpart shall preclude a State from requiring 
hazardous air pollutant reductions in excess of 90 percent (95 percent 
in the case of particulate hazardous air pollutants) as a condition of 
such State granting an alternative emission limitation authorized in 
paragraph (a) of this section.