Current through Register Vol. 48, No. 9, September 27, 2024
(a)
Requirements for permitting authorities. The permitting authority must
determine whether the Section63.53(a)(a) Part 1 and Section63.53(b)(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 section112(d) or (h)(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 section112(j)(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
section112(j)(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 section112(d)(3)(A) and (B)(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 section112(d)(3)(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.
