[Code of Federal Regulations]

[Title 40, Volume 9]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR63.43]



[Page 73-77]

 

                   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.  63.43  Maximum achievable control technology (MACT) determinations 

for constructed and reconstructed major sources.



    (a) Applicability. The requirements of this section apply to an 

owner or operator who constructs or reconstructs a major source of HAP 

subject to a case-by-case determination of maximum achievable control 

technology pursuant to Sec.  63.42(c).

    (b) Requirements for constructed and reconstructed major sources. 

When a case-by-case determination of MACT is required by Sec.  63.42(c), 

the owner and operator shall obtain from the permitting authority an 

approved MACT determination according to one of the review options 

contained in paragraph (c) of this section.

    (c) Review options. (1) When the permitting authority requires the 

owner or operator to obtain, or revise, a permit issued pursuant to 

title V of the Act before construction or reconstruction of the major 

source, or when the permitting authority allows the owner or operator at 

its discretion to obtain or revise such a permit before construction or 

reconstruction, and the



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owner or operator elects that option, the owner or operator shall follow 

the administrative procedures in the program approved under title V of 

the Act (or in other regulations issued pursuant to title V of the Act, 

where applicable).

    (2) When an owner or operator is not required to obtain or revise a 

title V permit (or other permit issued pursuant to title V of the Act) 

before construction or reconstruction, the owner or operator (unless the 

owner or operator voluntarily follows the process to obtain a title V 

permit) shall either, at the discretion of the permitting authority:

    (i) Apply for and obtain a Notice of MACT Approval according to the 

procedures outlined in paragraphs (f) through (h) of this section; or

    (ii) Apply for a MACT determination under any other administrative 

procedures for preconstruction review and approval established by the 

permitting authority for a State or local jurisdiction which provide for 

public participation in the determination, and ensure that no person may 

begin actual construction or reconstruction of a major source in that 

State or local jurisdiction unless the permitting authority determines 

that the MACT emission limitation for new sources will be met.

    (3) When applying for a permit pursuant to title V of the Act, an 

owner or operator may request approval of case-by-case MACT 

determinations for alternative operating scenarios. Approval of such 

determinations satisfies the requirements of section 112(g) of each such 

scenario.

    (4) Regardless of the review process, the MACT emission limitation 

and requirements established shall be effective as required by paragraph 

(j) of this section, consistent with the principles established in 

paragraph (d) of this section, and supported by the information listed 

in paragraph (e) of this section. The owner or operator shall comply 

with the requirements in paragraphs (k) and (l) of this section, and 

with all applicable requirements in subpart A of this part.

    (d) Principles of MACT determinations. The following general 

principles shall govern preparation by the owner or operator of each 

permit application or other application requiring a case-by-case MACT 

determination concerning construction or reconstruction of a major 

source, and all subsequent review of and actions taken concerning such 

an application by the permitting authority:

    (1) The MACT emission limitation or MACT requirements recommended by 

the applicant and approved by the permitting authority shall not be less 

stringent than the emission control which is achieved in practice by the 

best controlled similar source, as determined by the permitting 

authority.

    (2) Based upon available information, as defined in this subpart, 

the MACT emission limitation and control technology (including any 

requirements under paragraph (d)(3) of this section) recommended by the 

applicant and approved by the permitting authority shall achieve the 

maximum degree of reduction in emissions of HAP which can be achieved by 

utilizing those control technologies that can be identified from the 

available information, taking into consideration the costs of achieving 

such emission reduction and any non-air quality health and environmental 

impacts and energy requirements associated with the emission reduction.

    (3) The applicant may recommend a specific design, equipment, work 

practice, or operational standard, or a combination thereof, and the 

permitting authority may approve such a standard if the permitting 

authority specifically determines that it is not feasible to prescribe 

or enforce an emission limitation under the criteria set forth in 

section 112(h)(2) of the Act.

    (4) If the Administrator has either proposed a relevant emission 

standard pursuant to section 112(d) or section 112(h) of the Act or 

adopted a presumptive MACT determination for the source category which 

includes the constructed or reconstructed major source, then the MACT 

requirements applied to the constructed or reconstructed major source 

shall have considered those MACT emission limitations and requirements 

of the proposed standard or presumptive MACT determination.



[[Page 75]]



    (e) Application requirements for a case-by-case MACT determination. 

(1) An application for a MACT determination (whether a permit 

application under title V of the Act, an application for a Notice of 

MACT Approval, or other document specified by the permitting authority 

under paragraph (c)(2)(ii) of this section) shall specify a control 

technology selected by the owner or operator that, if properly operated 

and maintained, will meet the MACT emission limitation or standard as 

determined according to the principles set forth in paragraph (d) of 

this section.

    (2) In each instance where a constructed or reconstructed major 

source would require additional control technology or a change in 

control technology, the application for a MACT determination shall 

contain the following information:

    (i) The name and address (physical location) of the major source to 

be constructed or reconstructed;

    (ii) A brief description of the major source to be constructed or 

reconstructed and identification of any listed source category or 

categories in which it is included;

    (iii) The expected commencement date for the construction or 

reconstruction of the major source;

    (iv) The expected completion date for construction or reconstruction 

of the major source;

    (v) the anticipated date of start-up for the constructed or 

reconstructed major source;

    (vi) The HAP emitted by the constructed or reconstructed major 

source, and the estimated emission rate for each such HAP, to the extent 

this information is needed by the permitting authority to determine 

MACT;

    (vii) Any federally enforceable emission limitations applicable to 

the constructed or reconstructed major source;

    (viii) The maximum and expected utilization of capacity of the 

constructed or reconstructed major source, and the associated 

uncontrolled emission rates for that source, to the extent this 

information is needed by the permitting authority to determine MACT;

    (ix) The controlled emissions for the constructed or reconstructed 

major source in tons/yr at expected and maximum utilization of capacity, 

to the extent this information is needed by the permitting authority to 

determine MACT;

    (x) A recommended emission limitation for the constructed or 

reconstructed major source consistent with the principles set forth in 

paragraph (d) of this section;

    (xi) The selected control technology to meet the recommended MACT 

emission limitation, including technical information on the design, 

operation, size, estimated control efficiency of the control technology 

(and the manufacturer's name, address, telephone number, and relevant 

specifications and drawings, if requested by the permitting authority);

    (xii) Supporting documentation including identification of 

alternative control technologies considered by the applicant to meet the 

emission limitation, and analysis of cost and non-air quality health 

environmental impacts or energy requirements for the selected control 

technology; and

    (xiii) Any other relevant information required pursuant to subpart 

A.

    (3) In each instance where the owner or operator contends that a 

constructed or reconstructed major source will be in compliance, upon 

startup, with case-by-case MACT under this subpart without a change in 

control technology, the application for a MACT determination shall 

contain the following information:

    (i) The information described in paragraphs (e)(2)(i) through 

(e)(2)(x) of this section; and

    (ii) Documentation of the control technology in place.

    (f) Administrative procedures for review of the Notice of MACT 

Approval. (1) The permitting authority will notify the owner or operator 

in writing, within 45 days from the date the application is first 

received, as to whether the application for a MACT determination is 

complete or whether additional information is required.

    (2) The permitting authority will initially approve the recommended 

MACT emission limitation and other terms set forth in the application, 

or the permitting authority will notify the



[[Page 76]]



owner or operator in writing of its intent to disapprove the 

application, within 30 calendar days after the owner or operator is 

notified in writing that the application is complete.

    (3) The owner or operator may present, in writing, within 60 

calendar days after receipt of notice of the permitting authority's 

intent to disapprove the application, additional information or 

arguments pertaining to, or amendments to, the application for 

consideration by the permitting authority before it decides whether to 

finally disapprove the application.

    (4) The permitting authority will either initially approve or issue 

a final disapproval of the application within 90 days after it notifies 

the owner or operator of an intent to disapprove or within 30 days after 

the date additional information is received from the owner or operator; 

whichever is earlier.

    (5) A final determination by the permitting authority to disapprove 

any application will be in writing and will specify the grounds on which 

the disapproval is based. If any application is finally disapproved, the 

owner or operator may submit a subsequent application concerning 

construction or reconstruction of the same major source, provided that 

the subsequent application has been amended in response to the stated 

grounds for the prior disapproval.

    (6) An initial decision to approve an application for a MACT 

determination will be set forth in the Notice of MACT Approval as 

described in paragraph (g) of this section.

    (g) Notice of MACT Approval. (1) The Notice of MACT Approval will 

contain a MACT emission limitation (or a MACT work practice standard if 

the permitting authority determines it is not feasible to prescribe or 

enforce an emission standard) to control the emissions of HAP. The MACT 

emission limitation or standard will be determined by the permitting 

authority and will conform to the principles set forth in paragraph (d) 

of this section.

    (2) The Notice of MACT Approval will specify any notification, 

operation and maintenance, performance testing, monitoring, reporting 

and record keeping requirements. The Notice of MACT Approval shall 

include:

    (i) In addition to the MACT emission limitation or MACT work 

practice standard established under this subpart, additional emission 

limits, production limits, operational limits or other terms and 

conditions necessary to ensure Federal enforceability of the MACT 

emission limitation;

    (ii) Compliance certifications, testing, monitoring, reporting and 

record keeping requirements that are consistent with the requirements of 

Sec.  70.6(c) of this chapter;

    (iii) In accordance with section 114(a)(3) of the Act, monitoring 

shall be capable of demonstrating continuous compliance during the 

applicable reporting period. Such monitoring data shall be of sufficient 

quality to be used as a basis for enforcing all applicable requirements 

established under this subpart, including emission limitations;

    (iv) A statement requiring the owner or operator to comply with all 

applicable requirements contained in subpart A of this part;

    (3) All provisions contained in the Notice of MACT Approval shall be 

federally enforceable upon the effective date of issuance of such 

notice, as provided by paragraph (j) of this section.

    (4) The Notice of MACT Approval shall expire if construction or 

reconstruction has not commenced within 18 months of issuance, unless 

the permitting authority has granted an extension which shall not exceed 

an additional 12 months.

    (h) Opportunity for public comment on the Notice of MACT Approval. 

(1) The permitting authority will provide opportunity for public comment 

on the Notice of MACT Approval, including, at a minimum:

    (i) Availability for public inspection in at least one location in 

the area affected of the information submitted by the owner or operator 

and of the permitting authority's initial decision to approve the 

application;

    (ii) A 30-day period for submittal of public comment; and

    (iii) A notice by prominent advertisement in the area affected of 

the location of the source information and initial decision specified in 

paragraph (h)(1)(i) of this section.



[[Page 77]]



    (2) At the discretion of the permitting authority, the Notice of 

MACT Approval setting forth the initial decision to approve the 

application may become final automatically at the end of the comment 

period if no adverse comments are received. If adverse comments are 

received, the permitting authority shall have 30 days after the end of 

the comment period to make any necessary revisions in its analysis and 

decide whether to finally approve the application.

    (i) EPA notification. The permitting authority shall send a copy of 

the final Notice of MACT Approval, notice of approval of a title V 

permit application incorporating a MACT determination (in those 

instances where the owner or operator either is required or elects to 

obtain such a permit before construction or reconstruction), or other 

notice of approval issued pursuant to paragraph (c)(2)(ii) of this 

section to the Administrator through the appropriate Regional Office, 

and to all other State and local air pollution control agencies having 

jurisdiction in affected States.

    (j) Effective date. The effective date of a MACT determination shall 

be the date the Notice of MACT Approval becomes final, the date of 

issuance of a title V permit incorporating a MACT determination (in 

those instances where the owner or operator either is required or elects 

to obtain such a permit before construction or reconstruction), or the 

date any other notice of approval issued pursuant to paragraph 

(c)(2)(ii) of this section becomes final.

    (k) Compliance date. On and after the date of start-up, a 

constructed or reconstructed major source which is subject to the 

requirements of this subpart shall be in compliance with all applicable 

requirements specified in the MACT determination.

    (l) Compliance with MACT determinations. (1) An owner or operator of 

a constructed or reconstructed major source that is subject to a MACT 

determination shall comply with all requirements in the final Notice of 

MACT Approval, the title V permit (in those instances where the owner or 

operator either is required or elects to obtain such a permit before 

construction or reconstruction), or any other final notice of approval 

issued pursuant to paragraph (c)(2)(ii) of this section, including but 

not limited to any MACT emission limitation or MACT work practice 

standard, and any notification, operation and maintenance, performance 

testing, monitoring, reporting, and recordkeeping requirements.

    (2) An owner or operator of a constructed or reconstructed major 

source which has obtained a MACT determination shall be deemed to be in 

compliance with section 112(g)(2)(B) of the Act only to the extent that 

the constructed or reconstructed major source is in compliance with all 

requirements set forth in the final Notice of MACT Approval, the title V 

permit (in those instances where the owner or operator either is 

required or elects to obtain such a permit before construction or 

reconstruction), or any other final notice of approval issued pursuant 

to paragraph (c)(2)(ii) of this section. Any violation of such 

requirements by the owner or operator shall be deemed by the permitting 

authority and by EPA to be a violation of the prohibition on 

construction or reconstruction in section 112(g)(2)(B) for whatever 

period the owner or operator is determined to be in violation of such 

requirements, and shall subject the owner or operator to appropriate 

enforcement action under the Act.

    (m) Reporting to the Administrator. Within 60 days of the issuance 

of a final Notice of MACT Approval, a title V permit incorporating a 

MACT determination (in those instances where the owner or operator 

either is required or elects to obtain such a permit before construction 

or reconstruction), or any other final notice of approval issued 

pursuant to paragraph (c)(2)(ii) of this section, the permitting 

authority shall provide a copy of such notice to the Administrator, and 

shall provide a summary in a compatible electronic format for inclusion 

in the MACT data base.



[20 FR 68401, Dec. 27, 1996]