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[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Proposed Rules]               
[Page 15655-15664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr10-28]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2009-0746; FRL-9131-8]
RIN 2060-AP91

 
Requirements for Control Technology Determinations for Major 
Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
112(j)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the rule governing case-by-case 
emission limits for major sources of hazardous air pollutants under 
section 112(j) of the Clean Air Act. Specifically, we are proposing 
revisions to the section 112(j) rule to clarify and streamline the 
process for establishing case-by-case emission limits in the case of 
the complete vacatur of a section 112(d) rule applicable to a major 
source category initially listed pursuant to section 112(c)(1). In 
addition, we are also proposing revisions that would eliminate 
provisions of the section 112(j) rule that have become obsolete or are 
redundant.

DATES: Comments must be received on or before April 29, 2010, unless a 
public hearing is requested by April 14, 2010. If a hearing is 
requested on the proposed amendments, written comments must be received 
by May 14, 2010. Under the Paperwork Reduction Act, comments on the 
information collection provisions are best assured of having full 
effect if the Office of Management and Budget (OMB) receives a copy of 
your comments on or before April 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0746, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     Agency Web Site: http://www.epa.gov/oar/docket.html. 
Follow the instructions for submitting comments on the EPA Air and 
Radiation Docket Web Site.
     E-mail: a-and-r-docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2009-0746 in the subject line of the message.
     Fax: Fax your comments to: (202) 566-9744, Docket ID No. 
EPA-HQ-OAR-2009-0746.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, Docket ID No. EPA-HQ-OAR-2009-0746. 
Please include a total of two copies. In addition, please mail a copy 
of your comments on the information collection provisions to the Office 
of Information and Regulatory Affairs, OMB, Attn: Desk Officer for EPA, 
725 17th St., NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW, Washington, DC 20460. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0746. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, see the ``Public Participation'' heading of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although

[[Page 15656]]

listed in the index, some information is not publicly available, e.g., 
CBI or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials are 
available either electronically in http://www.regulations.gov or in 
hard copy at EPA Center EPA Docket Center, 1301 Constitution Ave., NW., 
Room 3334, Washington, DC 20460. The Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Sector Policies and 
Programs Division, Office of Air Quality Planning and Standards (D205-
02), Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number: (919) 541-5262; fax number: (919) 541-5600; e-mail 
address: colyer.rick@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    The regulated categories and entities potentially affected by the 
proposed amendments include:

----------------------------------------------------------------------------------------------------------------
                Category                     NAICS * code               Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Polyvinyl Chloride and Copolymers                    325211  Facilities that polymerize vinyl chloride monomer
 Production.                                                  to produce polyvinyl chloride and/or copolymer
                                                              products.
Brick and Structural Clay Products......             327121  Brick and structural clay tile manufacturing
                                                              facilities.
Brick and Structural Clay Products; Clay             327122  Ceramic wall and floor tile manufacturing
 Ceramics.                                                    facilities and extruded tile manufacturing
                                                              facilities.
Brick and Structural Clay Products......             327123  Other structural clay products manufacturing
                                                              facilities.
Clay Ceramics...........................             327111  Vitreous plumbing fixtures (sanitaryware)
                                                              manufacturing facilities.
Any industry or institution using a                     321  Manufacturers of lumber and wood products.
 boiler or process heater.
                                                        322  Pulp and paper mills.
                                                        325  Chemical manufacturers.
                                                        324  Petroleum refiners and manufacturers of coal
                                                              products.
                                              316, 326, 339  Manufacturers of rubber and miscellaneous plastic
                                                              products.
                                                        331  Steel works, blast furnaces.
                                                        332  Electroplating, plating, polishing, anodizing, and
                                                              coloring.
                                                        336  Manufacturers of motor vehicle parts and
                                                              accessories.
                                                        221  Electric, gas, and sanitary services.
                                                        622  Health services.
                                                        611  Educational services.
Industry................................  .................  Sources in a source category ``initially listed''
                                                              and regulated under any other section 112(d)
                                                              emission standard for hazardous air pollutants
                                                              that is completely vacated by the Court of Appeals
                                                              for the District of Columbia.
----------------------------------------------------------------------------------------------------------------
* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. If you have any questions regarding the applicability of this 
action to a particular entity or operation at your facility, consult 
either the air permit authority for the entity or your EPA regional 
representative as listed in 40 CFR 63.13 of subpart A of this part 
(General Provisions).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this proposed action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

D. When would a public hearing occur?

    If anyone contacts EPA requesting to speak at a public hearing 
concerning the proposed rule by April 14, 2010, we will hold a public 
hearing on April 19, 2010. If you are interested in attending the

[[Page 15657]]

public hearing, contact Ms. Joan Rogers at (919) 541-4487 to verify 
that a hearing will be held. If a public hearing is held, it will be 
held at 10 a.m. at the EPA's Environmental Research Center Auditorium, 
Research Triangle Park, NC, or an alternate site nearby.

II. Background Information for Proposed Amendments

A. What is section 112(j)?

    Section 112(j) of the Clean Air Act as amended in 1990 (CAA) 
provides generally that major sources in a listed category or 
subcategory for which EPA fails to promulgate section 112(d) MACT 
(Maximum Achievable Control Technology) standards by deadlines 
established pursuant to sections 112(e)(1) and (3) of the CAA must 
submit permit applications beginning 18 months after such deadlines, 
and that Federal or State permit writers must then determine on a case-
by-case basis an emission limitation equivalent to the limitation that 
would apply if an emission standard had been issued in a timely manner 
under CAA section 112(d) of the Act. See CAA 112(j)(2)-(5).
    States (with approved title V operating permit programs) or EPA 
will issue permits containing MACT emission limitations determined on a 
case-by-case basis to be equivalent to what would have been promulgated 
by EPA. Regulations implementing section 112(j) were originally 
promulgated by EPA in 1994 and amended several times since then; they 
are contained in subpart B, 40 CFR 63.50 through 63.56.

B. Applicability of Section 112(j) When a Section 112(d) Rule for Major 
Sources Is Vacated in Its Entirety

    The United States Court of Appeals for the District of Columbia 
Circuit (D.C. Circuit) vacated the national emission standards for 
hazardous air pollutants (NESHAP) for the Polyvinyl Chloride and 
Copolymers Production (``PVC''), Brick and Structural Clay Products 
Manufacturing (``Brick''), Clay Ceramics Manufacturing (``Clay 
Ceramics''), and the Industrial, Commercial and Institutional Boilers 
and Process Heaters (``Boilers'') source categories. (See Mossville 
Environmental Action Now v. EPA, 370 F.3d. 1232 (D.C.Cir. 2004), Sierra 
Club v. EPA, 479 F.3d. 875 (D.C. Cir. 2007) and NRDC v. EPA, 489 F.3d. 
1250 (D.C. Cir. 2007), respectively.) The Court vacated each of these 
regulations in their entirety and issued the mandate effectuating the 
vacatur of the PVC standards on May 11, 2005, the mandate effectuating 
the vacatur of the Brick and Clay Ceramics standards on June 18, 2007, 
and the mandate effectuating the vacatur of the Boilers standards on 
July 30, 2007.
    EPA's long-standing position is that the ``hammer'' requirements of 
CAA section 112(j) apply in the case of a complete vacatur of a section 
112(d) rule for a major source initially listed pursuant to section 
112(c)(1).\1\ This position is supported by Congressional intent 
reflected in the overall structure of the CAA as amended in 1990.
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    \1\ See, e.g., Federal Title V permit for Veolia ES, Technical 
Services L.L.C. with a Section 112(j) limit for a gas-fired boiler 
to (STATEMENT OF BASIS, Air Pollution Control Title V Permit to 
Operate Permit No. V-IL-1716300103-08-01, EPA Docket ID No. EPA-R05-
OAR-2008-0235-0285.3) and materials developed in support of EPA's 
request to OMB for renewal of the Section 112(j) Information 
Collection Request (ICR).(``Information Collection Request for 
Requirements for Control Technology Determinations from Major 
Sources in Accordance with Clean Air Act Sections, Sections 112(g) 
and 112(j)--Supporting Statement'' EPA Docket ID No. EPA-HQ-OAR-
2002-0038-0092), ``Reply in Support of Motion for Voluntary Vacatur 
and Remand'' and ``Opposition to Petitioners' Cross-Motion to 
Establish Deadline to Govern Remand'' in Natural Resources Defense 
Council, et. al. v. EPA (No. 04-1385 and consolidated cases) and 
``EPA's Petition for Panel Rehearing'' in Mossville Environmental 
Action Now and Sierra Club v. EPA, (No. 02-1282).
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    Congress amended the CAA in 1990 by naming 190 hazardous air 
pollutants and requiring EPA to promulgate emission standards to reduce 
emissions of these and any additional hazardous air pollutants 
subsequently identified by EPA. 42 U.S.C. 7412(b)(1), (d). Congress 
first directed EPA to list categories and subcategories of major 
sources that emit one or more hazardous air pollutants. 42 U.S.C. 
7412(c). EPA was next required to establish technology-based MACT 
standards for the listed categories and subcategories of major sources. 
Id. Sec.  7412(d), (e).
    Congress further required that these standards be promulgated ``as 
expeditiously as practicable'' on a phased schedule, with standards for 
all source categories promulgated by November 15, 2000. 42 U.S.C. 
7412(e)(1)(E). Section 112(j) was enacted to ensure that these major 
sources would be subject to case-by-case MACT standards even if no 
national MACT standards were in place after the deadlines established 
pursuant to section 112(e).
    In light of Congressional intent that sources in listed source 
categories be subject to either national or case-by-case MACT 
standards, EPA's view is that when a section 112(d) rule establishing 
MACT standards is vacated in its entirety after such deadlines, there 
has been, in effect, a ``[f]ailure to promulgate a standard'' within 
the meaning of section 112(j)(2).\2\ This view is also supported by 
case law that establishes that to vacate means to annul or make void 
and is a reasonable interpretation of section 112(j). See, e.g., Action 
on Smoking Health v. CAB, 713 F.2d 795, 797-800 (D.C. Cir. 1983).
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    \2\ If only some of the MACT standards within a section 112(d) 
rule applicable to a source category are vacated, EPA's view is that 
section 112(j) is not applicable to such source category because 
there is ``a standard'' in place.
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C. What source categories would be affected?

    These amendments would immediately affect sources in any source 
category ``initially listed'' in 1992 (57 FR 31576, 15991; July 16, 
1992) for which all applicable MACT standards have been vacated, 
namely, MACT standards for PVC, Brick, Clay Ceramics, and Boilers. In 
addition, the amendments would apply to sources in any source category 
``initially listed'' in 1992 (57 FR 31576, 15991; July 16, 1992) for 
which a section 112(d) rule establishing MACT standards is completely 
vacated in the future. It is important to note that section 112(j) and 
EPA's section 112(j) regulations will apply only where there has been 
or is in the future a vacatur of a section 112(d) rule establishing 
MACT standards. EPA has issued section 112(d) MACT standards for all 
source categories ``initially listed'' and thus a failure to promulgate 
within the meaning of section 112(j) can only arise in the future if 
the entire MACT regulation for such a source category is completely 
vacated. Thus, the provisions in the current section 112(j) regulations 
that are premised upon schedules established for issuance of MACT 
standards for ``initially listed'' source categories are obsolete or 
unnecessary and are revised or eliminated in today's proposal.

III. Summary of Proposed Amendments

    We are proposing these amendments to clarify and streamline the 
process for sources and permitting authorities to follow in 
establishing case-by-case emissions limitations under section 112(j) in 
the case of complete vacatur of a section 112(d) MACT standard. There 
has been confusion and uncertainty among some permitting authorities 
and sources as to how section 112(j) and EPA's regulations implementing 
section 112(j) apply in the case of a complete vacatur of a section 
112(d) rule establishing MACT standards, especially with respect to the 
timing of the application process. The amendments we are proposing 
today will clarify how the section 112(j) regulations apply in the case 
of such vacatur. We note that EPA's proposed

[[Page 15658]]

revisions are limited primarily to revisions that will clarify and 
streamline the application process when section 112(j) is triggered by 
a complete vacatur. The proposed revisions will also remove obsolete or 
redundant regulatory language. EPA is not revising or seeking comment 
on any other provision of the section 112(j) regulations.

A. Clarification of Applicability of Section 112(j)

    As discussed above in Section II.B., EPA's long-standing position 
is that section 112(j) applies in the case of the complete vacatur of a 
section 112(d) rule establishing MACT standards for an initially listed 
major source. We are proposing language changes within the rule to 
clarify the applicability of section 112(j) in the case of such a 
complete vacatur. Specifically, we are proposing to revise the 
definition of the affected source to identify the triggering mechanism 
for section 112(j) from when ``the Administrator has failed to 
promulgate emission standards by the section 112(j) deadline'' to when 
``there is no section 112(d) standard in place on or after the section 
112(j) deadline.'' This is consistent with EPA's view that when there 
has been a complete vacatur of a section 112(d) rule establishing MACT 
standards, there has been in effect a ``[f]ailure to promulgate a 
standard'' within the meaning of section 112(j).
    We are also proposing minor revisions to the regulations to further 
clarify the applicability of section 112(j) and to reduce redundancies. 
For example, where the rule language refers to section 112(d) or (h) 
standards, as in the definition of ``Equivalent Emission Limitation,'' 
we are proposing to delete the reference to 112(h) to eliminate 
redundancy because a 112(h) standard falls within the definition of a 
112(d) standard (see section 112(d)(2)(D)).
    Further, we are proposing to add a definition of ``Listed Source 
Category or Subcategory'' to clarify which source categories would be 
potentially subject to section 112(j) in the event that a section 
112(d) rule for a major source is vacated in its entirety. This 
definition would specify that only those categories and subcategories 
on the initial 1992 source category list would be potentially affected. 
Section 112(j) applies to categories or subcategories of sources that 
are subject to a schedule for promulgation of MACT standards pursuant 
to section 112(e)(1) and (3) (See section 112(j)(2)). The scheduling 
requirements of section 112(e)(1) and (e)(3) apply to categories and 
subcategories of sources ``initially listed'' for regulation pursuant 
to section 112(c)(1). Thus, source categories listed after the initial 
listing (such as coal-and oil-fired electric generating units) that 
were not initially listed pursuant to section 112(c)(1) and thus are 
not covered by the schedules in section 112 (e)(1) and (e)(3), are not 
subject to section 112(j). See 57 FR 31576, 15991 (July 16, 1992) 
(initial source category list) and 58 FR 63941 (Dec. 3, 1993) (schedule 
establishing deadlines for the promulgation of emission standards for 
the categories of sources initially listed pursuant to section 
112(c)(1) and (3)).

B. Permit Application Content

    We are proposing to streamline the permit application by combining 
the Part 1 and Part 2 permit application. The original section 112(j) 
rule had a single permit application. We created the bifurcated process 
in 2003 (68 FR 32586; May 30, 2003) to allow a source additional time 
to compile the information necessary for the permitting authority to 
make a MACT floor determination. We find this bifurcation to be 
unnecessary now that section 112(j) is only applicable to sources in 
source categories for which a section 112(d) rule has been or will be 
vacated in its entirety. As discussed below, under the circumstances 
surrounding complete vacatur of a section 112(d) rule, many sources 
will have already compiled and submitted to the permitting authority 
the information required by a section 112(j) application. We are 
proposing no other changes to the permit application content. However, 
we are proposing to retain the requirement that sources seeking 
equivalency determinations pursuant to 63.52(e)(2)(ii) submit 
information that would be submitted as part of a Part 1 application 
under the current rule, i.e., the information set out at 63.53(a)(1)-
(4). Today's proposal changes that heading for section 63.53(a) from 
``Part 1 MACT application'' to ``Section 112(g) equivalency 
determination request.''

C. Section 112(j) Permit Application Deadline

    We are proposing to establish the deadline for submittal of a 
permit application to obtain a section 112(j) limit in the case of a 
complete vacatur by redefining ``Section 112(j) Deadline.'' For those 
source categories for which the mandate effectuating the complete 
vacatur of the MACT rule was issued over 18 months ago, namely the 
Boilers, Brick, Clay Ceramics, and PVC source categories, we are 
proposing to revise 40 CFR 63.52(a) \3\ to require that sources in 
those categories submit permit applications the earlier of 90 days 
after promulgation of these amendments or the date by which the 
source's permitting authority has requested in writing a section 112(j) 
Part 2 application.
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    \3\ 40 CFR 63.52(a) applies to sources subject to section 112(j) 
as of the section 112(j) deadline.
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    We have selected 90 days consistent with the timing set forth in 40 
CFR 63.52(a)(2) of the current rule.\4\ The above proposed approach 
recognizes that there may have been some uncertainty as to the 
application of section 112(j) after the complete vacatur of the PVC, 
Brick, Clay Ceramics, and Boiler MACT standards. Under the existing 
section 112(j) regulations, where a source subject to section 112(j) as 
of the section 112(j) deadline is not able to ``reasonably determine'' 
that one or more sources at the major source belong in the category or 
subcategory subject to section 112(j), pursuant to section 40 CFR 
63.52(a)(2) of the current regulations, notification by the permitting 
authority initiates the 30-day period for submittal of a Part 1 
application. Under such circumstances, the current rule provides that 
the Part 2 application is due 60 days after the date that the Part 1 
application is due (40 CFR 63.52(e)(1)). EPA is proposing to revise the 
regulation to provide that for sources in the PVC, Brick, Clay Ceramics 
and Boiler source categories subject to section 112(j) as of the 
section 112(j) deadline, a section 112(j) application is due the 
earlier of 90 days after the date of promulgation of the revisions or 
by the date specified by the source's permitting authority for 
submittal of a Part 2 permit application. In either case, sources will 
have had at least 90 days notice of the obligation to submit a section 
112(j) application. If a section 112(d) rule establishing emission 
standards for a category of major sources is vacated in the future, we 
are proposing that permit applications be submitted within 18 months 
after the date of the court mandate effectuating the complete vacatur 
of the standards applicable to such sources covered by 40 CFR 63.52(a) 
(sources subject to section 112(j) as of the 112(j) deadline).
---------------------------------------------------------------------------

    \4\ As explained in section III. D. of this preamble, we are 
deleting 63.52(a)(2) of the current rule.
---------------------------------------------------------------------------

    We believe that these deadlines would provide sufficient time for 
the source owner or operator to prepare a permit application for 
submittal. Sources in the PVC, Brick, Clay Ceramics and Boilers source 
categories that were unsure of the applicability of section 112(j) have 
at least 90 days notice of their obligation to complete the permit 
application process as

[[Page 15659]]

contemplated by the current regulations. This proposed rule also serves 
to provide notice of when applications will be due if these rule 
amendments are promulgated as proposed. Further, many sources will have 
had much more notice by virtue of communications with permitting 
authorities. If a section 112(d) rule establishing emission standards 
for a major source category is vacated in the future, a source would 
have up to 18 months after the date of the mandate effectuating the 
vacatur to prepare its permit application. Eighteen months is 
consistent with the timing for submittal of section 112(j) permit 
applications provided for in section 112(j)(2) of the CAA.
    In both cases sources and permitting authorities should already 
have most, if not all, of the information required to be included in 
the application for a section 112(j) case-by-case limit. Sources that 
were subject to the vacated PVC, Brick, Clay Ceramics and Boilers 
standards should have previously compiled and provided information to 
the permitting authority in the process of obtaining their title V 
permit conditions for meeting the standards before such standards were 
vacated. Pulling the existing information together in a permit 
application for case-by-case MACT and reviewing it prior to submittal 
to the permitting authority should add little additional burden. This 
is also likely to be the case in the event of any future vacaturs, 
especially given the 18 month period for submittal of applications.
    EPA seeks comments on the 90 day period and whether a longer or 
shorter time period for submission of applications is appropriate for 
the PVC, Brick, Clay Ceramics and Boiler source categories. We also are 
seeking comments on our proposal to establish an earlier deadline when 
a permitting authority has notified a source in the PVC, Brick, Clay 
Ceramics and Boiler source categories that it is obligated to submit a 
Part 2 application on a date that falls before 90 days after 
promulgation of the final rule. We further solicit comment on whether 
the deadline for applications should be 90 days after promulgation of 
the final rule in every case for the PVC, Brick, Clay Ceramics and 
Boiler source categories.

D. Elimination of Current Provisions Relating to Questions of 
Applicability in Sec.  63.52(a)(2), (d)(1), and (e)(2)

    The current rule provides for the owner or operator of a source to 
request an applicability determination from a permitting authority in 
the event that they are unsure whether or not the source is in a 
covered category or subcategory.
    We are proposing to eliminate applicability determination requests. 
The provisions governing applicability determinations have become 
obsolete because they are premised upon and tied to dates and time 
periods in the section 112(j) regulations that have expired (See Sec.  
63.52(e)(2)(i)). Further, we believe requests for applicability 
determinations are no longer necessary. With the exception of some 
sources that were subject to the vacated Boilers MACT, sources should 
know whether or not they are within a source category for a vacated 
rule because the definition of source in the vacated rule should 
provide sufficient guidance as to applicability. Some portion of 
boilers that were subject to the vacated boiler MACT rule, however, may 
be designated solid waste incineration units if they combust solid 
waste, as that term is defined in section 129(g). The Agency is in the 
process of defining the term ``solid waste'' under Subtitle D of the 
Resource Conservation and Recovery Act (RCRA). We anticipate that there 
will be further clarification of that issue by the time sources have to 
submit section 112(j) permit applications in light of EPA's intent to 
propose a rule defining the term ``solid waste'' under Subtitle D of 
RCRA by April 2010.
    Sources are free to consult with permitting authorities to resolve 
applicability issues before submitting a section 112(j) permit 
application or can submit a section 112(j) application as a protective 
measure and work with the permitting authority during the completeness 
determination phase to resolve applicability issues.
    For the same reason, we are eliminating section 63.52(a)(2) of the 
current rule. As explained above, section 63.52(a)(2) of the current 
rule provides that, when a source is not able to ``reasonably 
determine'' that one or more sources at the major source belong in the 
category or subcategory subject to section 112(j), notification by the 
permitting authority initiates the 30-day period for submittal of a 
Part 1 application. For the reasons explained above, we believe that 
there should not be uncertainty as to the obligation to submit a 
section 112(j) permit application. As noted above, if there is 
uncertainty, the source can consult with the permitting authority to 
resolve such issues before submittal of a section 112(j) application or 
submit a section 112(j) application as a protective measure and work 
with the permitting authority during the completeness determination 
phase to resolve applicability issues.

E. Other Minor Edits

    We have made minor edits and corrections to the definition of 
``Available Information.'' One correction identifies ``8'' information 
sources instead of the erroneous ``5'' in the last sentence prior to 
the list. The second correction is to replace the term ``Part 2 MACT'' 
application to ``Permit'' application to conform with the streamlining 
discussed in section III.B. Finally, in information source(5), we have 
revised language from ``Aerometric Information Retrieval System 
(AIRS)'' which no longer exists, by providing an example EPA database, 
the ``Air Facility Subsystem.''

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action'' because it may raise 
novel legal or policy issues. Accordingly, EPA submitted this action to 
OMB for review under Executive Order 12866, and any changes made in 
response to OMB recommendations have been documented in the docket for 
this action.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq. The Information Collection Request (ICR) 
document prepared by EPA has been assigned EPA ICR number 1648.07.
    The permit application requirements in the proposed rule are 
required in subpart B of part 63. All information submitted to EPA 
pursuant to the information collection requirements for which a claim 
of confidentiality is made is safeguarded according to CAA section 
114(c) and the Agency's implementing regulations at 40 CFR part 2, 
subpart B. The proposed information collection requirements consist of 
a title V permit application or revision, or a request for a section 
112(g) equivalency determination.
    We estimate that these amendments would affect about 19 PVC 
sources, 122 Brick and Structural Clay sources, 8 Clay Ceramics 
sources, and 15,500 individual Boilers.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 83,670 labor hours per 
year at a cost of $6.59 million for the estimated total number of 
sources. Burden is defined at 5 CFR 1320.3(b).

[[Page 15660]]

    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, EPA has established a public docket for 
this rule, which includes this ICR, under Docket ID number EPA-HQ-OAR-
2009-0746. Submit any comments related to the ICR to EPA and OMB. See 
ADDRESSES section at the beginning of this notice for where to submit 
comments to EPA. Send comments to OMB at the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is 
required to make a decision concerning the ICR between 30 and 60 days 
after March 30, 2010, a comment to OMB is best assured of having its 
full effect if OMB receives it by April 29, 2010. The final rule will 
respond to any OMB or public comments on the information collection 
requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule would not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the proposed 
amendments on small entities, small entity is defined as: (1) A small 
business that meets the Small Business Administration size standards 
for small businesses found at 13 CFR 121.201 (less than 500, 750, or 
1,000 employees depending on the category); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district, or special district with a population of less than 50,000; 
and (3) a small organization that is any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.
    After considering the economic impacts of the proposed amendments 
on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
These proposed amendments merely clarify the application process for 
obtaining case-by-case MACT limits in the case of complete vacatur of a 
112(d) MACT rule. The requirements of the current rule and the 
amendments proposed today implement existing CAA requirements and do 
not impose additional requirements not already required by the CAA. 
Therefore, this rule does not impose any new costs. Section 112(j) of 
the Clean Air Act requires sources to submit applications for case-by-
case limits and requires permitting authorities to develop case-by-case 
limits (See 112(j)(3)-(5)). These proposed amendments do not establish 
any new section 112 standards. Case-by-case standards are developed by 
the permitting authority, which in most cases is a State. In addition, 
as is explained above, these proposed amendments narrow the 
applicability of the current section 112(j) regulations to major 
sources in source categories for which a MACT standard was promulgated 
and subsequently vacated in its entirety. Further, because this rule 
only applies to source categories for which a MACT standard was 
promulgated and subsequently vacated, permitting authorities and 
sources should already have a significant amount of the information 
required in the permit application for a case-by-case MACT limit. 
Sources that were subject to the vacated PVC, Brick, Clay Ceramics and 
Boilers standards should have previously compiled and provided 
information to the permitting authority in the process of obtaining 
their title V permit conditions for meeting the standards before such 
standards were vacated. Pulling the existing information together in a 
permit application for case-by-case MACT and reviewing it prior to 
submittal to the permitting authority should add little additional 
burden. This is also likely to be the case in the event of any future 
vacaturs. Sources are allowed to reference previously submitted 
information. Additional effort could include pulling the information 
together, reviewing the information, and submitting the application. 
EPA does not expect this additional effort to be significant. In 
addition, sources can recommend emission limitations and other 
requirements, but the proposed amendments do not require this. Finally, 
this certification is consistent with EPA's certification that the 
current 112(j) would not have a significant economic impact on a 
substantial number of small entities.
    We continue to be interested in the potential impacts of the 
proposed amendments on small entities and welcome comments on issues 
related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, and tribal governments or the private 
sector. This action imposes no enforceable duty on any State, local, 
tribal governments or the private sector.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments not otherwise 
required by the CAA. The proposed amendments contain no requirements 
that apply to such governments, and impose no obligations upon them.

E. Executive Order 13132: Federalism

    These proposed amendments do not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. This action 
implements existing CAA requirements on owners and operators of 
specified major sources and does not impose additional requirements on 
State and local governments not specified in the CAA. Thus, Executive 
Order 13132 does not apply to these proposed amendments.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
government, EPA specifically solicits comments on the proposed 
amendments from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action 
would not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes. The action implements existing CAA 
requirements on owners and operators of specified major sources and 
does not

[[Page 15661]]

impose additional requirements on tribal governments not already 
required by the CAA. Thus, Executive Order 13175 does not apply to this 
action.
    EPA specifically solicits additional comment on this proposed 
action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the Order 
has the potential to influence the regulation. This action is not 
subject to Executive Order 13045 because it is based solely on 
technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Further, we have concluded that these 
proposed amendments are not likely to have any adverse energy impacts.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards (VCS) in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. VCS are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by VCS bodies. NTTAA directs 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable VCS.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. The proposed amendments require permitting 
authorities to develop case-by-case emission limits for all sources in 
each source category for which standards have been vacated.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: March 24, 2010.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart B--[Amended]

    2. Section 63.50 is amended by:
    a. Revising the first sentence of paragraph (a)(2)(i);
    b. Revising paragraph (c); and
    c. Revising the first sentence of paragraph (d) to read as follows:


Sec.  63.50  Applicability.

    (a) * * *
    (2) * * *
    (i) The owner or operator of affected sources within a listed 
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) deadline. * * *
* * * * *
    (c) The procedures in Sec. Sec.  63.50 through 63.56 apply for each 
affected source only after its section 112(j) deadline has passed and 
there is no generally applicable Federal standard governing that source 
under section 112(d) of the Act. If a generally applicable Federal 
standard governing that source is in place, the owner or operator of 
the affected source and the permitting authority are not required to 
take further action 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 Sec. Sec.  
63.50 through 63.56 prior to promulgation of a generally applicable 
Federal standard governing that source under section 112(d) of the Act 
shall be deemed an applicable Federal requirement adopted pursuant to 
section 112(j) of the Act. * * *
    3. Section 63.51 is amended by:
    a. Revising the definition of Affected source;
    b. Revising the definition of Available information;
    c. Revising the definition of Equivalent emission limitation;
    d. Revising the definition of Section 112(j) deadline; and
    e. Adding in alphabetical order a definition for Listed source 
category or subcategory to read as follows:


Sec.  63.51  Definitions.

* * * * *
    Affected source means the collection of equipment, activities, or 
both within a single contiguous area and under common control that is 
in a listed source category or subcategory for which there is no 
section 112(d) emission standard on or after 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 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 (8) of this 
definition.

[[Page 15662]]

    (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;
    (6) Any additional information that can be expeditiously provided 
by the Administrator;
    (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.
* * * * *
    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) 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).
* * * * *
    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.
* * * * *
    4. Section 63.52 is amended by:
    a. Revising the first sentence of paragraph (a) introductory text;
    b. Revising paragraph (a)(1);
    c. Removing paragraph (a)(2) and redesignating paragraph (a)(3) as 
(a)(2);
    d. Revising newly designated paragraph (a)(2) introductory text;
    e. Revising the first sentence of newly designated paragraph 
(a)(2)(i);
    f. Revising the second sentence of newly designated paragraph 
(a)(2)(ii);
    g. Revising the first sentence of paragraph (b)(1);
    h. Revising the third sentence of paragraph (b)(2);
    i. Revising the first sentence of paragraph (b)(3);
    j. Revising the first sentence of paragraph (b)(4);
    k. Revising paragraph (c) introductory text;
    l. Revising the first sentence of paragraph (c)(2);
    m. Revising paragraph (d);
    n. Revising paragraphs (e)(1), (e)(2), (e)(3), and (e)(4); and
    o. Revising paragraph (g) to read as follows:


Sec.  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 paragraph (a)(1) 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) 
deadline. * * *
    (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 Sec.  63.53(b) 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 section.
    (2) The requirements in paragraphs (a)(2)(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 a 
request meeting the requirements of Sec.  63.53(a) for a title V permit 
revision within 30 days of the section 112(j) deadline. * * *
    (ii) * * * Within 30 days of issuance of that title V permit, the 
owner or operator must submit a request meeting the requirements of 
Sec.  63.53(a) for an equivalency determination. * * *
    (b) * * *
    (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 Sec.  63.53(b) within 30 days of startup of the source. * * *
    (2) * * * Within 30 days of issuance of that title V permit, the 
owner or operator must submit a request meeting the requirements of 
Sec.  63.53(a) for an equivalency determination. * * *
    (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 Sec.  63.53(b) 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. * * *
    (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 Sec.  63.53(b) 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. * * *
    (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 source category or 
subcategory for which there is no section 112(d) emission standard in 
place on or after the 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.
* * * * *
    (2) If the title V permit does not contain the appropriate 
requirements

[[Page 15663]]

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 Sec.  63.53(b). * * *
    (d) Requests for notice of MACT approval. 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 Sec.  
63.54.
    (e) * * *
    (1) Permit applications must be reviewed by the permitting 
authority according to procedures established in Sec.  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) As specified in paragraphs (a) and (b) of this section, an 
owner or operator who has submitted a request meeting the requirements 
of Sec.  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. Each request for an equivalency 
determination under this paragraph (e)(2) 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 permit application, the 
permitting authority must notify the owner or operator in writing 
whether the application is complete or incomplete. The permit 
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 permit application is 
incomplete. A permit 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 permit 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.
* * * * *
    (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 permit application.
* * * * *
    5. Section 63.53 is amended by:
    a. Revising the section heading;
    b. Revising paragraph (a) introductory text; and
    c. Revising paragraphs (b) introductory text, (b)(1), (b)(2), and 
(b)(3) introductory text.


Sec.  63.53  Section 112(g) equivalency determination requests and 
application content for case-by-case MACT determinations.

    (a) Section 112(g) equivalency determination request. A section 
112(g) equivalency determination request must contain the information 
in paragraphs (a)(1) through (4) of this section.
* * * * *
    (b) Permit application. (1) In compiling a permit 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 permit application, the owner or operator 
may also cross-reference any part of a standard proposed by the 
Administrator pursuant to section 112(d) of the Act for any category or 
subcategory which includes sources to which the permit application 
applies.
    (2) The permit 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 
permit 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) 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.
    (iv) 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

[[Page 15664]]

subcategory for which a permit application is required.
    (v) 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 permit application for a MACT determination may, but is not 
required to, contain the following information:
* * * * *


Sec.  63.54  [Amended]

    6. Section 63.54 is amended by removing the first sentence of the 
introductory text of the section.
    7. Section 63.55 is amended by revising paragraphs (a) introductory 
text and (b) to read as follows:


Sec.  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 permit 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) of the Act. The 
permitting authority must establish these emissions limitations 
consistent with the following requirements and principles:
* * * * *
    (b) Reporting to EPA. The owner or operator must submit additional 
copies of its 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.
    8. Section 63.56 is amended by revising the first sentence of 
paragraph (b), and paragraphs (c)(1) and (2) to read as follows:


Sec.  63.56  Requirements for case-by-case determination of equivalent 
emission limitations after promulgation of subsequent MACT standard.

* * * * *
    (b) If the Administrator promulgates a relevant emission standard 
under section 112(d) 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. * * *
    (c) * * *
    (1) If the Administrator promulgates an emission standard under 
section 112(d) 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) 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 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--[Removed]

    9. Table 1 to Subpart B of part 63 is removed.

Table 2 to Subpart B of Part 63--[Removed]

    10. Table 2 to Subpart B of part 63 is removed.

[FR Doc. 2010-7041 Filed 3-29-10; 8:45 am]
BILLING CODE 6560-50-P
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