[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: 40CFR63.54]



[Page 88-89]

 

                   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.  63.54  Preconstruction review procedures for new affected sources.



    The requirements of this section apply to an owner or operator who 

constructs a new affected source subject to Sec.  63.52(c)(1). The 

purpose of this section is to describe alternative review processes that 

the permitting authority may use to make a MACT determination for the 

new affected source.

    (a) Review process for new affected sources. (1) If the permitting 

authority requires an owner or operator to obtain or revise a title V 

permit before construction of the new affected source, or when the owner 

or operator chooses to obtain or revise a title V permit before 

construction, the owner or operator must follow the procedures 

established under the applicable title V permit program before 

construction of the new affected source.

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

title V permit before construction of the new affected source (and has 

not elected to do so), but the new affected source is covered by any 

preconstruction or preoperation review requirements established pursuant 

to section 112(g) of the Act, then the owner or operator must comply 

with those requirements in order to ensure that the requirements of 

section 112(j) and (g) are satisfied. If the new affected source is not 

covered by section 112(g), the permitting authority, in its discretion, 

may issue a Notice of MACT Approval, or the equivalent, in accordance 

with the procedures set forth in paragraphs (b) through (f) of this 

section, or an equivalent permit review process, before construction or 

operation of the new affected source.



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    (3) Regardless of the review process, the MACT determination shall 

be consistent with the principles established in Sec.  63.55. The 

application for a Notice of MACT Approval or a title V permit, permit 

modification, or administrative amendment, whichever is applicable, 

shall include the documentation required by Sec.  63.53.

    (b) Optional administrative procedures for preconstruction or 

preoperation review for new affected sources. The permitting authority 

may provide for an enhanced review of section 112(j) MACT determinations 

for review procedures and compliance requirements equivalent to those 

set forth in paragraphs (b) through (f) of this section.

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

writing as to whether the application for a MACT determination is 

complete or whether additional information is required.

    (2) The permitting authority will approve an applicant's proposed 

control technology, or the permitting authority will notify the owner or 

operator in writing of its intention to disapprove a control technology.

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

frame specified by the permitting authority, additional information, 

considerations, or amendments to the application before the permitting 

authority's issuance of a final disapproval.

    (4) The permitting authority will issue a preliminary approval or 

issue a disapproval of the application, taking into account additional 

information received from the owner or operator.

    (5) A determination to disapprove any application will be in writing 

and will specify the grounds on which the disapproval is based.

    (6) Approval of an applicant's proposed control technology must be 

set forth in a Notice of MACT Approval (or the equivalent) as described 

in Sec.  63.52(f).

    (c) Opportunity for public comment on Notice of MACT Approval. The 

permitting authority will provide opportunity for public comment on the 

preliminary Notice of MACT Approval prior to issuance, including, at a 

minimum,

    (1) 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 tentative determination;

    (2) A period for submittal of public comment of at least 30 days; 

and

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

location of the source information and analysis specified in Sec.  

63.52(f). The form and content of the notice must be substantially 

equivalent to that found in Sec.  70.7 of this chapter.

    (4) An opportunity for a public hearing, if one is requested. The 

permitting authority will give at least 30 days notice in advance of any 

hearing.

    (d) Review by the EPA and affected States. The permitting authority 

must send copies of the preliminary notice (in time for comment) and 

final notice required by paragraph (c) 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. The permitting authority must provide EPA with a review 

period for the final notice of at least 45 days and shall not issue a 

final Notice of MACT Approval until EPA objections are satisfied.

    (e) Compliance with MACT determinations. An owner or operator of a 

major source that is subject to a MACT determination must comply with 

notification, operation and maintenance, performance testing, 

monitoring, reporting, and recordkeeping requirements established under 

Sec.  63.52(h), under title V, and at the discretion of the permitting 

authority, under subpart A of this part. The permitting authority must 

provide the EPA with the opportunity to review compliance requirements 

for consistency with requirements established pursuant to title V during 

the review period under paragraph (d) of this section.

    (f) Equivalency under section 112(l). If a permitting authority 

requires preconstruction review for new source MACT determinations under 

this subpart, such requirement shall not necessitate a determination 

under subpart E of this part.



[59 FR 26449, May 20, 1994, as amended at 67 FR 16610, Apr. 5, 2002]



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