[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: 40CFR63.44]



[Page 77-78]

 

                   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



[[Page 78]]



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 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]



[[Page 79]]