[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: 40CFR63.55]



[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 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 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]