Current through February, 2024
(a) This section applies to:
(1) an owner or operator of a major source of
hazardous air pollutants which includes one or more stationary sources that are
within a source category or subcategory for which the Administrator has failed
to promulgate an applicable emission standard under 40 CFR Part 63 by the
section 112 (j) deadline; and
(2) an
owner or operator who constructs or reconstructs a major source (as defined in
40 CFR §
63.41) of hazardous air pollutants after
January 27, 1997, and an owner or operator of an area source that converts to a
major source of hazardous air pollutants after January 27, 1997, unless the
major source has been specifically regulated or exempted from regulation under
a standard issued pursuant to section 112(d), 112(h), or 112 (j) of the
Act.
(b) An owner or
operator subject to this section is subject to an equivalent MACT limitation
and shall comply with the applicable provisions of 40 CFR Part 63, entitled
National Emission Standards for Hazardous Air Pollutants for Source Categories:
(1) Subpart A, General Provisions;
and
(2) Subpart B, Requirements for
Control Technology Determinations for Major Sources in Accordance with Clean
Air Act Sections 112(g) and 112(j) (40 CFR §
63.40 to §
63.44 and §
63.50 to §
63.56).
(c) The director shall determine, on a
case-by-case basis, the equivalent MACT emission limitation in accordance with
applicable provisions of 40 CFR Part 63, Subpart B, and impose any other
requirements necessary to ensure the enforceability of the equivalent MACT
emission limitation.
(d) Each
equivalent MACT limitation (including emission limits, control, operational,
and maintenance requirements, compliance dates, and any associated
recordkeeping, monitoring, testing, notification, and reporting requirements)
is an applicable requirement of subchapter
5, Covered Sources. Any owner or
operator who constructs, reconstructs, modifies, or operates an affected source
is subject to the application and permitting requirements of subchapter
5.
(e) An owner or operator subject to paragraph
(a)(1) shall comply with the following deadlines for applying for and obtaining
a covered source permit to address the equivalent MACT limitation:
(1) For existing sources:
(A) The owner or operator of a major source
or an affected source within a major source shall submit a complete and timely
covered source permit application by the Section 112 (j) deadline.
(B) The owner or operator who reconstructs a
major source or an affected source within a major source, and the owner or
operator of an area source that becomes a major source by the addition or
reconstruction of an affected source or by the increase in the source's
potential to emit (e.g., increased hours of operation or fuel usage, etc.)
shall submit a complete covered source permit application and obtain a covered
source permit prior to reconstruction or conversion to a major
source.
(C) The owner or operator
of an area source that becomes major and subject to paragraph (a)(1) due to the
Administrator establishing a lesser quantity emission rate for a "major source"
under Section 112(a)(1) of the Act shall submit a complete and timely covered
source permit application within six months from the date that the source
becomes major.
(2) For
new sources:
(A) The owner or operator who
constructs or reconstructs a major source or an affected source within a major
source, and the owner or operator of an area source that becomes a major source
by the addition or reconstruction of an affected source or by the increase in
the source's potential to emit (e.g., increased hours of operation or fuel
usage, etc.) shall submit a complete covered source permit application and
obtain a covered source permit prior to construction, reconstruction, or
conversion to a major source.
(B)
The owner or operator of an area source that becomes major and subject to
paragraph (a)(1) due to the Administrator establishing a lesser quantity
emission rate for a "major source" under Section 112(a)(1) of the Act shall
submit a complete and timely covered source permit application within six
months from the date that the source becomes major.
In addressing equivalent MACT, the owner or operator of the
source shall provide, as part of the covered source permit application, any
additional information required by
40 CFR §
63.53.
(f) An owner or operator subject to paragraph
(a)(2) who constructs or reconstructs a major source, and the owner or operator
of an area source that becomes a major source by the increase in the source's
potential to emit (e.g., increased hours of operation or fuel usage, etc.)
shall submit a complete covered source permit application and obtain a covered
source permit prior to construction, reconstruction, or conversion to a major
source. In addressing equivalent MACT, the owner or operator of the affected
major source shall provide, as part of the covered source permit application,
any additional information required by
40 CFR §
63.43(e).
