[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: 40CFR63.72]



[Page 94]

 

                   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.