(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 Sec. 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 Sec. 63.52 or Sec. 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 Sec. 63.52 or Sec. 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 Sec. 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 Sec. 63.52 or Sec. 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 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. Sec. Table 1 to Subpart B of Part 63--Section 112(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\------------------------------------------------------------------------\1\ Covers 23 source categories, see Table 2 to this subpart.\2\ Two source categories.\3\ Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn no
hazardous waste.\4\ Includes engines greater than 500 brake horsepower.\5\ Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn
hazardous waste.\6\ Includes furnaces that produce acid from hazardous waste at sources
in the category Hydrochloric Acid Production. [68 FR 32603, May 30, 2003, as amended at 70 FR 39664, July 11, 2005]
Sec. 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. [68 FR 32603, May 30, 2003]