§63.50   Applicability.

(a) General applicability. (1) The requirements of this section through
§63.56 implement section 112(j) of the Clean Air Act (as amended in
1990).  The requirements of this section through §63.56 apply in each
State beginning on the effective date of an approved title V permit
program in such State.  The requirements of this section through §63.56
do not apply to research or laboratory activities as defined in §63.51.

(2) The requirements of this section through §63.56 apply to:

(i) The owner or operator of affected sources within a source category
or subcategory under this part that are located at a major source that
is subject to an approved title V permit program and for which there is
no section 112(d) emission standard in place on or after the section
112(j) deadlinethe Administrator has failed to promulgate emission
standards by the section 112(j) deadlines.  If title V applicability has
been deferred for a source category, then section 112(j) is not
applicable for sources in that category within that State, local or
tribal jurisdiction until those sources become subject to title V
permitting requirements; and

(ii) Permitting authorities with an approved title V permit program.

(b) Relationship to State and local requirements. Nothing in §§63.50
through 63.56 shall prevent a State or local regulatory agency from
imposing more stringent requirements, as a matter of State or local law,
than those contained in §§63.50 through 63.56.

(c) The procedures in §§63.50 through 63.56 apply for each affected
source only after the its section 112(j) deadline for the source
category or subcategory in question has passed and there is no generally
applicable Federal standard governing that source under section 112(d)
of the Act, and only until such time as a generally applicable Federal
standard governing that source has been promulgated under section 112(d)
or 112(h) of the Act. If a generally applicable Federal standard
governing that source is in placeOnce a generally applicable Federal
standard governing that source has been promulgated, the owner or
operator of the affected source and the permitting authority are not
required to take any further actions to develop an equivalent emission
limitation under section 112(j) of the Act.

(d) Any final equivalent emission limitation for an affected source
which is issued by the permitting authority pursuant to §§63.50
through 63.56 prior to promulgation of a generally applicable Federal
standard governing that source under section 112(d) or 112(h) of the Act
shall be deemed an applicable Federal requirement adopted pursuant to
section 112(j) of the Act.  Each such equivalent emission limitation
shall take effect upon issuance of the permit containing that limitation
under section 112(j)(5) of the Act, and shall remain applicable to the
source until such time as it may be revised or supplanted pursuant to
the procedures established by §§63.50 through 63.56.  Such a final
equivalent emission limitation, and all associated requirements adopted
pursuant to §63.52(f)(2), are directly enforceable under Federal law
regardless of whether or not any permit in which they may be contained
remains in effect.

§63.51   Definitions.

Terms used in §§63.50 through 63.56 that are not defined in this
section have the meaning given to them in the Act, or in subpart A of
this part.

Affected source means the collection of equipment, activities, or both
within a single contiguous area and under common control that is in a
section 112(c)listed source category or subcategory for which there is
no section 112(d) emission standard on or after the section 112(j)
deadlinethe Administrator has failed to promulgate an emission standard
by the section 112(j) deadline, and that is addressed by an applicable
MACT emission limitation established pursuant to this subpart.

Available information means, for purposes of conducting a MACT floor
finding and identifying control technology options under this subpart,
any information that is available as of the date on which the first Part
2 MACT permit application under this subpart is filed for a source in
the relevant source category or subcategory in the State or
jurisdiction; and, pursuant to the requirements of this subpart, is
additional relevant information that can be expeditiously provided by
the Administrator, is submitted by the applicant or others prior to or
during the public comment period on the section 112(j) equivalent
emission limitation for that source, or information contained in any of
the information sources in paragraphs (1) through (58) of this
definition.

(1) A relevant proposed regulation, including all supporting
information;

(2) Relevant background information documents for a draft or proposed
regulation.;

(3) Any relevant regulation, information or guidance collected by the
Administrator establishing a MACT floor finding and/or MACT
determination.;

(4) Relevant data and information available from the Clean Air
Technology Center developed pursuant to section 112(l)(3) of the Act.;

(5) Relevant data and information contained in EPA databases such as the
Air Facility Subsystem;the Aerometric Information Retrieval System
(AIRS).

(6) Any additional information that can be expeditiously provided by the
Administrator, and;

(7) Any information provided by applicants in an application for a
permit, permit modification, administrative amendment, or Notice of MACT
Approval pursuant to the requirements of this subpart.; and

(8) Any additional relevant information provided by the applicant.

Control technology means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants including,
but not limited to, measures which:

(1) Reduce the quantity, or eliminate emissions, of such pollutants
through process changes, substitution of materials or other
modifications;

(2) Enclose systems or processes to eliminate emissions;

(3) Collect, capture, or treat such pollutants when released from a
process, stack, storage or fugitive emissions point;

(4) Are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or

(5) Are a combination of paragraphs (1) through (4) of this definition.

Enhanced review means a review process containing all administrative
steps needed to ensure that the terms and conditions resulting from the
review process can be incorporated using title V permitting procedures.

Equivalent emission limitation means an emission limitation, established
under section 112(j) of the Act, which is equivalent to the MACT
standard that EPA would have promulgated under section 112(d) or (h) of
the Act.

Listed source category or subcategory means a source category or
subcategory initially listed pursuant to section 112(c)(1) at 57 FR
31576, 15991 (July 16, 1992).

Maximum achievable control technology (MACT) emission limitation for
existing sources means the emission limitation reflecting the maximum
degree of reduction in emissions of hazardous air pollutants (including
a prohibition on such emissions, where achievable) that the
Administrator, taking into consideration the cost of achieving such
emission reductions, and any non-air quality health and environmental
impacts and energy requirements, determines is achievable by sources in
the category or subcategory to which such emission standard applies. 
This limitation shall not be less stringent than the MACT floor.

Maximum achievable control technology (MACT) emission limitation for new
sources means the emission limitation which is not less stringent than
the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of reduction in
emissions of hazardous air pollutants (including a prohibition on such
emissions, where achievable) that the Administrator, 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 sources in the category or
subcategory to which such emission standard applies.

Maximum Achievable Control Technology (MACT) floor means:

(1) For existing sources:

(i) The average emission limitation achieved by the best performing 12
percent of the existing sources in the United States (for which the
Administrator has emissions information), excluding those sources that
have, within 18 months before the emission standard is proposed or
within 30 months before such standard is promulgated, whichever is
later, first achieved a level of emission rate or emission reduction
which complies, or would comply if the source is not subject to such
standard, with the lowest achievable emission rate (as defined in
section 171 of the Act) applicable to the source category and prevailing
at the time, in the category or subcategory, for categories and
subcategories of stationary sources with 30 or more sources; or

(ii) The average emission limitation achieved by the best performing
five sources (for which the Administrator has or could reasonably obtain
emissions information) in the category or subcategory, for categories or
subcategories with fewer than 30 sources;

(2) For new sources, the emission limitation achieved in practice by the
best controlled similar source.

New affected source means the collection of equipment, activities, or
both, that if constructed after the issuance of a section 112(j) permit
for the source pursuant to §63.52, is subject to the applicable MACT
emission limitation for new sources.  Each permit must define the term
“new affected source,” which will be the same as the “affected
source” unless a different collection is warranted based on
consideration of factors including:

(1) Emission reduction impacts of controlling individual sources versus
groups of sources;

(2) Cost effectiveness of controlling individual equipment;

(3) Flexibility to accommodate common control strategies;

(4) Cost/benefits of emissions averaging;

(5) Incentives for pollution prevention;

(6) Feasibility and cost of controlling processes that share common
equipment (e.g., product recovery devices);

(7) Feasibility and cost of monitoring; and

(8) Other relevant factors.

Permitting authority means the permitting authority as defined in part
70 of this chapter.

Research or laboratory activities means activities whose primary purpose
is to conduct research and development into new processes and products
where such activities are operated under the close supervision of
technically trained personnel and are not engaged in the manufacture of
products for commercial sale in commerce, except in a de minimis manner;
and where the source is not in a source category, specifically
addressing research or laboratory activities, that is listed pursuant to
section 112(c)(7) of the Act.

Section 112(j) deadline means: 

	(1) for a source in the Polyvinyl Chloride and Copolymers Production,
Brick and Structural Clay Products Manufacturing, Clay Ceramics
Manufacturing, or the Industrial, Commercial and Institutional Boilers
and Process Heaters source category, the earlier of [THE DATE 90 DAYS
AFTER THE PROMULGATION DATE IN THE FEDERAL REGISTER] or the date by
which the source’s permitting authority has requested in writing a
section 112(j) permit application containing the information set out in
section 63.53(b); or

(2) for any other major source in a listed source category or
subcategory, 18 months after the date of a court mandate effectuating
the complete vacatur of a section 112(d) rule  applicable to such
source. the date 18 months after the date for which a relevant standard
is scheduled to be promulgated under this part, except that for all
major sources listed in the source category schedule for which a
relevant standard is scheduled to be promulgated by November 15, 1994,
the section 112(j) deadline is November 15, 1996, and for all major
sources listed in the source category schedule for which a relevant
standard is scheduled to be promulgated by November 15, 1997, the
section 112(j) deadline is December 15, 1999.

Similar source means that equipment or collection of equipment that, by
virtue of its structure, operability, type of emissions and volume and
concentration of emissions, is substantially equivalent to the new
affected source and employs control technology for control of emissions
of hazardous air pollutants that is practical for use on the new
affected source.

Source category schedule for standards means the schedule for
promulgating MACT standards issued pursuant to section 112(e) of the
Act.

§63.52   Approval process for new and existing affected sources.

(a) Sources subject to section 112(j) as of the section 112(j) deadline.
 The requirements of paragraphs (a)(1) and (2) of this section apply to
major sources that include, as of the section 112(j) deadline, one or
more sources in a category or subcategory for which there is no section
112(d) emission standard in place on or after the section 112(j)
deadlinethe Administrator has failed to promulgate an emission standard
under this part on or before an applicable section 112(j) deadline.
Existing source MACT requirements (including relevant compliance
deadlines), as specified in a title V permit issued to the source
pursuant to the requirements of the subpart, must apply to such sources.

(1) The owner or operator must submit an application for a title V
permit or for a revision to an existing title V permit or a pending
title V permit meeting the requirements of §63.53(ab) by the section
112(j) deadline unless the owner or operator has submitted a request for
112(g) equivalency determination under paragraph (a)(2) of this
sectionif the owner or operator can reasonably determine that one or
more sources at the major source belong in the category or subcategory
subject to section 112(j).

(2) If an application was not submitted under paragraph (a)(1) of this
section and if notified by the permitting authority, the owner or
operator must submit an application for a title V permit or for a
revision to an existing title V permit or a pending title V permit
meeting the requirements of §63.53(a) within 30 days after being
notified in writing by the permitting authority that one or more sources
at the major source belong to such category or subcategory. Permitting
authorities are not required to make such notification.

(3) The requirements in paragraphs (a)(32)(i) through (ii) of this
section apply when the owner or operator has obtained a title V permit
that incorporates a case-by-case MACT determination by the permitting
authority under section 112(g) or has submitted a title V permit
application for a revision that incorporates a case-by-case MACT
determination under section 112(g), but has not submitted an application
for a title V permit revision that addresses the emission limitation
requirements of section 112(j).

(i) When the owner or operator has a title V permit that incorporates a
case-by-case MACT determination by the permitting authority under
section 112(g), the owner or operator must submit an application request
meeting the requirements of §63.53(a) for a title V permit revision
within 30 days of the section 112(j) deadline or within 30 days of being
notified in writing by the permitting authority that one or more sources
at the major source belong in such category or subcategory.  Using the
procedures established in paragraph (e) of this section, the permitting
authority must determine whether the emission limitations adopted
pursuant to the prior case-by-case MACT determination under section
112(g) are substantially as effective as the emission limitations which
the permitting authority would otherwise adopt pursuant to section
112(j) for the source in question.  If the permitting authority
determines that the emission limitations previously adopted to
effectuate section 112(g) are substantially as effective as the emission
limitations which the permitting authority would otherwise adopt to
effectuate section 112(j) for the source, then the permitting authority
must retain the existing emission limitations in the permit as the
emission limitations to effectuate section 112(j).  The title V permit
applicable to that source must be revised accordingly.  If the
permitting authority does not retain the existing emission limitations
in the permit as the emission limitations to effectuate section 112(j),
the MACT requirements of this subpart are satisfied upon issuance of a
revised title V permit incorporating any additional section 112(j)
requirements.

(ii) When the owner or operator has submitted a title V permit
application that incorporates a case-by-case MACT determination by the
permitting authority under section 112(g), but has not received the
permit incorporating the section 112(g) requirements, the owner or
operator must continue to pursue a title V permit that addresses the
emission limitation requirements of section 112(g).  Within 30 days of
issuance of that title V permit, the owner or operator must submit an
application meeting the requirements of §63.53(a) for an equivalency
determinationa change to the existing title V permit.  Using the
procedures established in paragraph (e) of this section, the permitting
authority must determine whether the emission limitations adopted
pursuant to the prior case-by-case MACT determination under section
112(g) are substantially as effective as the emission limitations which
the permitting authority would otherwise adopt pursuant to section
112(j) for the source in question.  If the permitting authority
determines that the emission limitations previously adopted to
effectuate section 112(g) are substantially as effective as the emission
limitations which the permitting authority would otherwise adopt to
effectuate section 112(j) for the source, then the permitting authority
must retain the existing emission limitations in the permit as the
emission limitations to effectuate section 112(j).  The title V permit
applicable to that source must be revised accordingly.  If the
permitting authority does not retain the existing emission limitations
in the permit as the emission limitations to effectuate section 112(j),
the MACT requirements of this subpart are satisfied upon issuance of a
revised title V permit incorporating any additional section 112(j)
requirements.

 (b) Sources that become subject to section 112(j) after the section
112(j) deadline and that do not have a title V permit addressing section
112(j) requirements.  The requirements of paragraphs (b)(1) through (4)
of this section apply to sources that do not meet the criteria in
paragraph (a) of this section on the section 112(j) deadline and are,
therefore, not subject to section 112(j) on that date, but where events
occur subsequent to the section 112(j) deadline that would bring the
source under the requirements of this subpart, and the source does not
have a title V permit that addresses the requirements of section 112(j).

(1) When one or more sources in a category or subcategory subject to the
requirements of this subpart are installed at a major source, or result
in the source becoming a major source due to the installation, and the
installation does not invoke section 112(g) requirements, the owner or
operator must submit an application meeting the requirements of
§63.53(ab) within 30 days of startup of the source.  This application
shall be reviewed using the procedures established in paragraph (e) of
this section. Existing source MACT requirements (including relevant
compliance deadlines), as specified in a title V permit issued pursuant
to the requirements of this subpart, shall apply to such sources.

(2) The requirements in this paragraph apply when one or more sources in
a category or subcategory subject to this subpart are installed at a
major source, or result in the source becoming a major source due to the
installation, and the installation does require emission limitations to
be established and permitted under section 112(g), and the owner or
operator has not submitted an application for a title V permit revision
that addresses the emission limitation requirements of section 112(j). 
In this case, the owner or operator must apply for and obtain a title V
permit that addresses the emission limitation requirements of section
112(g).  Within 30 days of issuance of that title V permit, the owner or
operator must submit an application request meeting the requirements of
§63.53(a) for an equivalency determinationa revision to the existing
title V permit.  Using the procedures established in paragraph (e) of
this section, the permitting authority must determine whether the
emission limitations adopted pursuant to the prior case-by-case MACT
determination under section 112(g) are substantially as effective as the
emission limitations which the permitting authority would otherwise
adopt pursuant to section 112(j) for the source in question.  If the
permitting authority determines that the emission limitations previously
adopted to effectuate section 112(g) are substantially as effective as
the emission limitations which the permitting authority would otherwise
adopt to effectuate section 112(j) for the source, then the permitting
authority must retain the existing emission limitations in the permit as
the emission limitations to effectuate section 112(j).  The title V
permit applicable to that source must be revised accordingly.  If the
permitting authority does not retain the existing emission limitations
in the permit as the emission limitations to effectuate section 112(j),
the MACT requirements of this subpart are satisfied upon issuance of a
revised title V permit incorporating any additional section 112(j)
requirements.

(3) The owner or operator of an area source that, due to a relaxation in
any federally enforceable emission limitation (such as a restriction on
hours of operation), increases its potential to emit hazardous air
pollutants such that the source becomes a major source that is subject
to this subpart, must submit an application meeting the requirements of
§63.53(ab) for a title V permit or for an application for a title V
permit revision within 30 days after the date that such source becomes a
major source. This application must be reviewed using the procedures
established in paragraph (e) of this section. Existing source MACT
requirements (including relevant compliance deadlines), as specified in
a title V permit issued pursuant to the requirements of this subpart,
must apply to such sources.

(4) On or after April 5, 2002, if the Administrator establishes a lesser
quantity emission rate under section 112(a)(1) of the Act that results
in an area source becoming a major source that is subject to this
subpart, then the owner or operator of such a major source must submit
an application meeting the requirements of §63.53(ab) for a title V
permit or for a change to an existing title V permit or pending title V
permit on or before the date 6 months after the date that such source
becomes a major source.  Existing source MACT requirements (including
relevant compliance deadlines), as specified in a title V permit issued
pursuant to the requirements of this subpart, shall apply to such
sources.

(c) Sources that have a title V permit addressing section 112(j)
requirements.  The requirements of paragraphs (c)(1) and (2) of this
section apply to major sources within a listed sourcethat include one or
more sources in a category or subcategory for which there is no section
112(d) emission standard in place on or after the section 112(j)
deadlinethe Administrator fails to promulgate an emission standard under
this part on or before an applicable section 112(j) deadline, and the
owner or operator has a permit meeting the section 112(j) requirements,
and where changes occur at the major source to equipment, activities, or
both, subsequent to the section 112(j) deadline.

(1) If the title V permit already provides the appropriate requirements
that address the events that occur under paragraph (c) of this section
subsequent to the section 112(j) deadline, then the source must comply
with the applicable new source MACT or existing source MACT requirements
as specified in the permit, and the section 112(j) requirements are thus
satisfied.

(2) If the title V permit does not contain the appropriate requirements
that address the events that occur under paragraph (c) of this section
subsequent to the section 112(j) deadline, then the owner or operator
must submit an application for a revision to the existing title V permit
that meets the requirements of §63.53(ab).  The application must be
submitted within 30 days of beginning construction and must be reviewed
using the procedures established in paragraph (e) of this section. 
Existing source MACT requirements (including relevant compliance
deadlines), as specified in a title V permit issued pursuant to the
requirements of this subpart, shall apply to such sources.

(d) Requests for applicability determination or notice of MACT approval.
(1) An owner or operator who is unsure of whether one or more sources at
a major source belong in a category or subcategory for which the
Administrator has failed to promulgate an emission standard under this
part may, on or before an applicable section 112(j) deadline, request an
applicability determination from the permitting authority by submitting
an application meeting the requirements of §63.53(a) by the applicable
deadlines specified in paragraphs (a), (b), or (c) of this section.

(2) In addition to meeting the requirements of paragraphs (a), (b), and
(c) of this section, the owner or operator of a new affected source may
submit an application for a Notice of MACT Approval before construction,
pursuant to §63.54.

(e) Permit application review. (1) Each owner or operator who is
required to submit to the permitting authority a Part 1 MACT application
which meets the requirements of §63.53(a) for one or more sources in a
category or subcategory subject to section 112(j) must also submit to
the permitting authority a timely Part 2 MACT application for the same
sources which meets the requirements of §63.53(b). Each owner or
operator shall submit the Part 2 MACT application for the sources in a
particular category or subcategory no later than the applicable date
specified in table 1 to this subpart. The submission date specified in
table 1 to this subpart for Miscellaneous Organic Chemical Manufacturing
shall apply to sources in each of the source categories listed in table
2 to this subpart. When the owner or operator is required by §§63.50
through 63.56 to submit an application meeting the requirements of
§63.53(a) by a date which is after the date for a Part 2 MACT
application for sources in the category or subcategory in question
established by table 1 to this subpart, the owner or operator shall
submit a Part 2 MACT application meeting the requirements of §63.53(b)
within 60 additional days after the applicable deadline for submission
of the Part 1 MACT application. Part 2 MACT Permit applications must be
reviewed by the permitting authority according to procedures established
in §63.55. The resulting MACT determination must be incorporated into
the source's title V permit according to procedures established under
title V, and any other regulations approved under title V in the
jurisdiction in which the affected source is located.

(2) Notwithstanding paragraph (e)(1) of this section, the owner or
operator may request either an applicability determination or an
equivalency determination by the permitting authority as provided in
paragraphs (e)(2)(i) and (ii) of this section.

(i) Each owner or operator who submitted a request for an applicability
determination pursuant to paragraph (d)(1) of this section on or before
May 15, 2002, which remains pending before the permitting authority on
May 30, 2003, and who still wishes to obtain such a determination, must
resubmit that request by July 29, 2003, or by the date which is 60 days
after the Administrator publishes in theFederal Registera proposed
standard under section 112(d) or 112(h) of the Act for the category or
subcategory in question, whichever is later. Each request for an
applicability determination which is resubmitted under this paragraph
(e)(2)(i) must be supplemented to discuss the relation between the
source(s) in question and the applicability provision in the proposed
standard for the category or subcategory in question, and to explain why
there may still be uncertainties that require a determination of
applicability. The permitting authority must take action upon each
properly resubmitted and supplemented request for an applicability
determination within an additional 60 days after the applicable deadline
for the resubmitted request. If the applicability determination is
positive, the owner or operator must submit a Part 2 MACT application
meeting the requirements of §63.53(b) by the date specified for the
category or subcategory in question in Table 1 to this subpart. If the
applicability determination is negative, then no further action by the
owner or operator is necessary.

(ii) As specified in paragraphs (a) and (b) of this section, an owner or
operator who has submitted an application meeting the requirements of
§63.53(a) may request a determination by the permitting authority of
whether emission limitations adopted pursuant to a prior case-by-case
MACT determination under section 112(g) that apply to one or more
sources at a major source in a relevant category or subcategory are
substantially as effective as the emission limitations which the
permitting authority would otherwise adopt pursuant to section 112(j)
for the source in question. Such a request must be submitted by the date
for the category or subcategory in question specified in Table 1 to this
subpart. Any owner or operator who previously submitted such a request
under a prior version of this paragraph (e)(2)(ii) need not resubmit the
request. Each request for an equivalency determination under this
paragraph (e)(2)(ii)), regardless of when it was submitted, will be
construed in the alternative as a complete application for an equivalent
emission limitation under section 112(j).  The process for determination
by the permitting authority of whether the emission limitations in the
prior case-by-case MACT determination are substantially as effective as
the emission limitations which the permitting authority would otherwise
adopt under section 112(j) must include the opportunity for full public,
EPA, and affected State review prior to a final determination.  If the
permitting authority determines that the emission limitations in the
prior case-by-case MACT determination are substantially as effective as
the emission limitations which the permitting authority would otherwise
adopt under section 112(j), then the permitting authority must adopt the
existing emission limitations in the permit as the emission limitations
to effectuate section 112(j) for the source in question.  If more than 3
years remain on the current title V permit, the owner or operator must
submit an application for a title V permit revision to make any
conforming changes in the permit required to adopt the existing emission
limitations as the section 112(j) MACT emission limitations.  If less
than 3 years remain on the current title V permit, any required
conforming changes must be made when the permit is renewed.  If the
permitting authority determines that the emission limitations in the
prior case-by-case MACT determination under section 112(g) are not
substantially as effective as the emission limitations which the
permitting authority would otherwise adopt for the source in question
under section 112(j), the permitting authority must make a new MACT
determination and adopt a title V permit incorporating an appropriate
equivalent emission limitation under section 112(j).  Such a
determination constitutes final action for purposes of judicial review
under 40 CFR 70.4(b)(3)(x) and corresponding State title V program
provisions.

(3) Within 60 days of submittal of the Part 2 MACTpermit application,
the permitting authority must notify the owner or operator in writing
whether the application is complete or incomplete.  The Part 2
MACTpermit application shall be deemed complete on the date it was
submitted unless the permitting authority notifies the owner or operator
in writing within 60 days of the submittal that the Part 2 MACTpermit
application is incomplete.  A Part 2 MACTpermit application is complete
if it is sufficient to begin processing the application for a title V
permit addressing section 112(j) requirements.  In the event that the
permitting authority disapproves a permit application or determines that
the application is incomplete, the owner or operator must revise and
resubmit the application to meet the objections of the permitting
authority.  The permitting authority must specify a reasonable period in
which the owner or operator is required to remedy the deficiencies in
the disapproved or incomplete application.  This period may not exceed 6
months from the date the owner or operator is first notified that the
application has been disapproved or is incomplete.

(4) Following submittal of a Part 1 or Part 2 MACTpermit application,
the permitting authority may request additional information from the
owner or operator. The owner or operator must respond to such requests
in a timely manner.

(5) If the owner or operator has submitted a timely and complete
application as required by this section, any failure to have a title V
permit addressing section 112(j) requirements shall not be a violation
of section 112(j), unless the delay in final action is due to the
failure of the applicant to submit, in a timely manner, information
required or requested to process the application.  Once a complete
application is submitted, the owner or operator shall not be in
violation of the requirement to have a title V permit addressing section
112(j) requirements.

(f) Permit content. The title V permit must contain an equivalent
emission limitation (or limitations) for the relevant category or
subcategory determined on a case-by-case basis by the permitting
authority, or, if the applicable criteria in subpart D of this part are
met, the title V permit may contain an alternative emission limitation. 
For the purposes of the preceding sentence, early reductions made
pursuant to section 112(i)(5)(A) of the Act must be achieved not later
than the date on which the relevant standard should have been
promulgated according to the source category schedule for standards.

(1) The title V permit must contain an emission standard or emission
limitation that is equivalent to existing source MACT and an emission
standard or emission limitation that is equivalent to new source MACT
for control of emissions of hazardous air pollutants.  The MACT emission
standards or limitations must be determined by the permitting authority
and must be based on the degree of emission reductions that can be
achieved if the control technologies or work practices are installed,
maintained, and operated properly.  The permit must also specify the
affected source and the new affected source.  If construction of a new
affected source or reconstruction of an affected source commences after
a title V permit meeting the requirements of section 112(j) has been
issued for the source, the new source MACT compliance dates must apply.

(2) The title V permit must specify any notification, operation and
maintenance, performance testing, monitoring, and reporting and
recordkeeping requirements. In developing the title V permit, the
permitting authority must consider and specify the appropriate
provisions of subpart A of this part.  The title V permit must also
include the information in paragraphs (f)(2)(i) through (iii) of this
section.

(i) In addition to the MACT emission limitation required by paragraph
(f)(1) of this section, additional emission limits, production limits,
operational limits or other terms and conditions necessary to ensure
practicable enforceability of the MACT emission limitation.

(ii) Compliance certifications, testing, monitoring, reporting and
recordkeeping requirements that are consistent with requirements
established pursuant to title V and paragraph (h) of this section.

(iii) Compliance dates by which the owner or operator must be in
compliance with the MACT emission limitation and all other applicable
terms and conditions of the permit.

(A) The owner or operator of an affected source subject to the
requirements of this subpart must comply with the emission limitation(s)
by the date established in the source's title V permit.  In no case
shall such compliance date be later than 3 years after the issuance of
the permit for that source, except where the permitting authority issues
a permit that grants an additional year to comply in accordance with
section 112(i)(3)(B) of the Act, or unless otherwise specified in
section 112(i), or in subpart D of this part.

(B) The owner or operator of a new affected source, as defined in the
title V permit meeting the requirements of section 112(j), that is
subject to the requirements of this subpart must comply with a new
source MACT level of control immediately upon startup of the new
affected source.

(g) Permit issuance dates. The permitting authority must issue a title V
permit meeting section 112(j) requirements within 18 months after
submittal of the complete Part 2 MACTpermit application.

(h) Enhanced monitoring. In accordance with section 114(a)(3) of the
Act, monitoring shall be capable of demonstrating continuous compliance
for each compliance period during the applicable reporting period.  Such
monitoring data shall be of sufficient quality to be used as a basis for
directly enforcing all applicable requirements established under this
subpart, including emission limitations.

(i) MACT emission limitations. (1) The owner or operator of affected
sources subject to paragraphs (a), (b), and (c) of this section must
comply with all requirements of this subpart that are applicable to
affected sources, including the compliance date for affected sources
established in paragraph (f)(2)(iii)(A) of this section.

(2) The owner or operator of new affected sources subject to paragraph
(c)(1) of this section must comply with all requirements of this subpart
that are applicable to new affected sources, including the compliance
date for new affected sources established in paragraph (f)(2)(iii)(B) of
this section.

§63.53   Section 112(g) equivalency determination requests and
Aapplication content for case-by-case MACT determinations.

(a) Section 112(g) equivalency determination request.  A section 112(g)
equivalency determination requestPart 1 MACT application. The Part 1
application for a MACT determination must contain the information in
paragraphs (a)(1) through (4) of this section.

(1) The name and address (physical location) of the major source.

(2) A brief description of the major source and an identification of the
relevant source category.

(3) An identification of the types of emission points belonging to the
relevant source category.

(4) An identification of any affected sources for which a section 112(g)
MACT determination has been made.

(b) Part 2 MACTPermit application. (1) In compiling a Part 2 MACTpermit
application, the owner or operator may cross-reference specific
information in any prior submission by the owner or operator to the
permitting authority, but in cross-referencing such information the
owner or operator may not presume favorable action on any prior
application or request which is still pending.  In compiling a Part 2
MACTpermit application, the owner or operator may also cross-reference
any part of a standard proposed by the Administrator pursuant to section
112(d) or 112(h) of the Act for any category or subcategory which
includes sources to which the Part 2permit application applies.

(2) The Part 2permit application for a MACT determination must contain
the information in paragraphs (b)(2)(i) through (b)(2)(vi) of this
section.

(i) The information required by paragraph (a) of this section if a
request for 112(g) equivalency was not previously submitted.

(ii) For a new affected source, the anticipated date of startup of
operation.

(iii) Each emission point or group of emission points at the affected
source which is part of a category or subcategory for which a Part 2
MACTpermit application is required, and each of the hazardous air
pollutants emitted at those emission points.  When the Administrator has
proposed a standard pursuant to section 112(d) or 112(h) of the Act for
a category or subcategory, such information may be limited to those
emission points and hazardous air pollutants which would be subject to
control under the proposed standard.

(iiiiv) Any existing Federal, State, or local limitations or
requirements governing emissions of hazardous air pollutants from those
emission points which are part of a category or subcategory for which a
Part 2permit application is required.

(iv) For each identified emission point or group of affected emission
points, an identification of control technology in place.

(vi) Any additional emission data or other information specifically
requested by the permitting authority.

(3) The Part 2permit application for a MACT determination may, but is
not required to, contain the following information:

(i) Recommended emission limitations for the affected source and support
information consistent with §63.52(f). The owner or operator may
recommend a specific design, equipment, work practice, or operational
standard, or combination thereof, as an emission limitation.

(ii) A description of the control technologies that would be applied to
meet the emission limitation including technical information on the
design, operation, size, estimated control efficiency and any other
information deemed appropriate by the permitting authority, and
identification of the affected sources to which the control technologies
must be applied.

(iii) Relevant parameters to be monitored and frequency of monitoring to
demonstrate continuous compliance with the MACT emission limitation over
the applicable reporting period.

§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 §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.

(3) Regardless of the review process, the MACT determination shall be
consistent with the principles established in §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 §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
§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 §63.52(f).
 The form and content of the notice must be substantially equivalent to
that found in §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
§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.

§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 §63.53(a) Part 1 and §63.53(b) Part 2
MACTpermit 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.

§63.56   Requirements for case-by-case determination of equivalent
emission limitations after promulgation of subsequent MACT standard.

(a) If the Administrator promulgates a relevant emission standard that
is applicable to one or more affected sources within a major source
before the date a permit application under this paragraph (a) is
approved, the title V permit must contain the promulgated standard
rather than the emission limitation determined under §63.52, and the
owner or operator must comply with the promulgated standard by the
compliance date in the promulgated standard.

(b) If the Administrator promulgates a relevant emission standard under
section 112(d) or (h) of the Act that is applicable to a source after
the date a permit is issued pursuant to §63.52 or §63.54, the
permitting authority must incorporate requirements of that standard in
the title V permit upon its next renewal.  The permitting authority must
establish a compliance date in the revised permit that assures that the
owner or operator must comply with the promulgated standard within a
reasonable time, but not longer than 8 years after such standard is
promulgated or 8 years after the date by which the owner or operator was
first required to comply with the emission limitation established by the
permit, whichever is earlier.  However, in no event shall the period for
compliance for existing sources be shorter than that provided for
existing sources in the promulgated standard.

(c) Notwithstanding the requirements of paragraph (a) or (b) of this
section, the requirements of paragraphs (c)(1) and (2) of this section
shall apply.

(1) If the Administrator promulgates an emission standard under section
112(d) or (h) that is applicable to an affected source after the date a
permit application under this paragraph is approved under §63.52 or
§63.54, the permitting authority is not required to change the emission
limitation in the permit to reflect the promulgated standard if the
permitting authority determines that the level of control required by
the emission limitation in the permit is substantially as effective as
that required by the promulgated standard pursuant to §63.1(e).

(2) If the Administrator promulgates an emission standard under section
112(d) or (h) of the Act that is applicable to an affected source after
the date a permit application is approved under §63.52 or §63.54, and
the level of control required by the promulgated standard is less
stringent than the level of control required by any emission limitation
in the prior case-by-case MACT determination, the permitting authority
is not required to incorporate any less stringent emission limitation of
the promulgated standard in the title V permit and may in its discretion
consider any more stringent provisions of the MACT determination to be
applicable legal requirements when issuing or revising such a title V
permit.

Table 1 to Subpart B of Part 63—Section112(j)Part 2 Application Due
Dates

Due date	MACT standard

10/30/03	Combustion Turbines.

Lime Manufacturing.

Site Remediation.

Iron and Steel Foundries.

Taconite Iron Ore Processing.

Miscellaneous Organic Chemical Manufacturing (MON).1

	Organic Liquids Distribution.

Primary Magnesium Refining.

Metal Can (Surface Coating).

Plastic Parts and Products (Surface Coating).

Chlorine Production.

Miscellaneous Metal Parts and Products (Surface Coating) (and
Asphalt/Coal Tar Application—Metal Pipes).2

4/28/04	Industrial Boilers, Institutional/Commercial Boilers and Process
Heaters.3

Plywood and Composite Wood Products.

Reciprocating Internal Combustion Engines.4

Auto and Light-Duty Truck (Surface Coating).

11/14/05	Industrial Boilers, Institutional/Commercial Boilers, and
Process Heaters.5

Hydrochloric Acid Production.6

1Covers 23 source categories, see Table 2 to this subpart.

2Two source categories.

3Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn no
hazardous waste.

4Includes engines greater than 500 brake horsepower.

5Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn
hazardous waste.

6Includes furnaces that produce acid from hazardous waste at sources in
the category Hydrochloric Acid Production.

Table 2 to Subpart B of Part 63—MON Source Categories

Manufacture of Paints, Coatings, and Adhesives.

Alkyd Resins Production.

Maleic Anhydride Copolymers Production.

Polyester Resins Production.

Polymerized Vinylidene Chloride Production.

Polymethyl Methacrylate Resins Production.

Polyvinyl Acetate Emulsions Production.

Polyvinyl Alcohol Production.

Polyvinyl Butyral Production.

Ammonium Sulfate Production-Caprolactam By-Product Plants.

Quaternary Ammonium Compounds Production.

Benzyltrimethylammonium Chloride Production.

Carbonyl Sulfide Production.

Chelating Agents Production.

Chlorinated Paraffins Production.

Ethylidene Norbornene Production.

Explosives Production.

Hydrazine Production.

OBPA/1,3-Diisocyanate Production.

Photographic Chemicals Production.

Phthalate Plasticizers Production.

Rubber Chemicals Manufacturing.

Symmetrical Tetrachloropyridine Production.

