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112(i)-Schedule for Compliance for New Sources, Early Reduction Program

(i) Schedule for Compliance: Includes the following four major provisions:

  • New sources (i.e., sources that commence construction or reconstruction after proposal of the standard) must comply with the standard immediately upon start-up (except as provided under the following bullet),

  • Sources constructed or reconstructed after MACT proposal but before promulgation may comply with the proposed standards if the promulgated standards are more stringent. Compliance with the promulgated standards is required for such sources within 3 years of promulgation,

  • MACT standards must include compliance dates for existing sources no later than 3 years after promulgation. The EPA (or State with an approved Title V program) may grant individual sources a 1-year extension if necessary for the installation of controls, and

  • The Early Reductions Program allows a qualifying facility to defer compliance with MACT standards for 6 years if it reduces HAP emissions by 90 percent (95 percent for hazardous particulate emissions) before the applicable MACT is proposed.

The full text of CAA Section 112(i) follows:

(i) Schedule for Compliance.-  
     (1) Preconstruction  and operating requirements.-  After the
  effective date of any emission standard, limitation, or regula-
  tion  under subsection (d), (f) or (h), no person may construct
  any  new major source or reconstruct  any existing major source
  subject to such emission standard, regulation or limitation
  unless  the Administrator  (or a  State with  a  permit program
  approved  under  title  V)  determines  that  such  source,  if
  properly  constructed, reconstructed and  operated, will comply
  with the standard, regulation or limitation. 
     (2)  Special rule.-    Notwithstanding  the requirements  of
  paragraph  (1), a  new source  which commences  construction or
  reconstruction  after  a  standard,  limitation  or  regulation
  applicable to such source is proposed and before such standard,
  limitation or  regulation is promulgated shall  not be required
  to comply with such promulgated standard until the date 3 years
  after the date of promulgation if -  
       (A) the promulgated standard,  limitation or regulation is
     more stringent  than the standard,  limitation or regulation
     proposed; and 
       (B) the source complies  with the standard, limitation, or
     regulation as proposed during the  3-year period immediately
     after promulgation. 
  (3) Compliance schedule for existing sources.-  
       (A) After  the effective  date of any  emissions standard,
     limitation or regulation promulgated under this section  and
     applicable to a source, no person may operate such source in
     violation of such standard, limitation or regulation except,
     in the case of  an existing source, the Administrator  shall
     establish a  compliance date or  dates for each  category or
     subcategory of  existing  sources, which  shall provide  for
     compliance as expeditiously as  practicable, but in no event
     later  than  3  years  after  the  effective  date  of  such
     standard,  except  as  provided   in  subparagraph  (B)  and
     paragraphs (4) through (8). 
       (B) The Administrator (or a State with  a program approved
     under title V) may  issue a permit that grants  an extension
     permitting  an existing  source up to  1 additional  year to
     comply  with   standards  under  subsection   (d)  if   such
     additional  period  is  necessary for  the  installation  of
     controls.  An additional extension of  up to 3  years may be
     added for mining waste  operations, if the 4-year compliance
     time  is insufficient to dry and cover mining waste in order
     to reduce emissions of any pollutant listed under subsection
     (b). 
     (4) Presidential  exemption.-  The President  may exempt any
  stationary source from compliance  with any standard or limita-
  tion under this  section for a period of not  more than 2 years
  if the  President determines  that the technology  to implement
  such standard is not available  and that it is in  the national
  security  interests of the United States to do so. An exemption
  under this paragraph may  be extended for 1 or  more additional
  periods, each period not to exceed 2 years. The President shall
  report to Congress with respect to each exemption (or extension
  thereof) made under this paragraph.
     (5) Early reduction.-  
          (A) The  Administrator (or a State acting pursuant to a
       permit  program  approved under  title  V)  shall issue  a
       permit allowing an existing source, for which the owner or
       operator  demonstrates  that  the  source  has  achieved a
       reduction  of  90 per  centum  or  more  in emissions  of
       hazardous air pollutants  (95 per centum  in the case  of
       hazardous air pollutants which are  particulates) from the
       source,   to  meet  an   alternative  emission  limitation
       reflecting   such  reduction  in   lieu  of   an  emission
       limitation promulgated  under subsection (d) for  a period
       of  6 years  from the  compliance date  for the  otherwise
       applicable  standard,  provided  that  such  reduction  is
       achieved  before the  otherwise applicable  standard under
       subsection  (d)  is   first  proposed.  Nothing  in   this
       paragraph shall preclude a State from requiring reductions
       in excess  of those  specified in  this subparagraph  as a
       condition  of granting  the  extension  authorized by  the
       previous sentence. 
          (B)  An existing  source which  achieves the  reduction
       referred to in  subparagraph (A) after the  proposal of an
       applicable  standard  but  before  January  1,  1994,  may
       qualify  under subparagraph  (A), if  the source  makes an
       enforceable  commitment to  achieve such  reduction before
       the  proposal of  the standard.  Such commitment  shall be
       enforceable to the same extent  as a regulation under this
       section. 
          (C) The  reduction shall be determined  with respect to
       verifiable and actual emissions in a base year not earlier
       than  calendar  year  1987,  provided that,  there  is  no
       evidence that emissions in  the base year are artificially
       or  substantially greater  than emissions  in other  years
       prior  to implementation of  emissions reduction measures.
       The Administrator  may allow  a source  to use a  baseline
       year  of  1985  or  1986  provided  that  the  source  can
       demonstrate to the satisfaction of  the Administrator that
       emissions  data for  the source  reflects  verifiable data
       based  on information  for  such source,  received by  the
       Administrator prior  to the enactment of the Clean Air Act
       Amendments  of 1990,  pursuant to  an information  request
       issued under section 114.
          (D)  For  each source  granted an  alternative emission
       limitation under this paragraph there shall be established
       by  a permit  issued pursuant  to title  V  an enforceable
       emission   limitation   for   hazardous   air   pollutants
       reflecting the reduction which qualifies the source for an
       alternative emission limitation  under this paragraph.  An
       alternative emission limitation under this paragraph shall
       not be available with respect to standards or requirements
       promulgated   pursuant   to   subsection   (f)   and   the
       Administrator  shall,  for   the  purpose  of  determining
       whether  a standard  under  subsection  (f) is  necessary,
       review  emissions  from  sources  granted  an  alternative
       emission limitation under this  paragraph at the same time
       that  other sources  in  the category  or subcategory  are
       reviewed. 
          (E) With  respect to pollutants for which high risks of
       adverse  public  health  effects  may  be associated  with
       exposure to  small quantities  including, but  not limited
       to,  chlorinated  dioxins  and furans,  the  Administrator
       shall by regulation limit the use of offsetting reductions
       in
       emissions  of  other  hazardous  air pollutants  from  the
       source as counting toward the 90 per  centum reduction in
       such  high-risk pollutants  qualifying for  an alternative
       emissions limitation under this paragraph. 
       (6) Other reductions.- Notwithstanding the requirements of
     this section, no existing source that has installed -  
            (A)  best available control technology (as defined in
          section 169(3)), or 
            (B) technology required to  meet a lowest  achievable
          emission rate (as defined in section 171),
     prior to the promulgation of  a standard under this  section
     applicable to such source and the same pollutant (or  stream
     of pollutants) controlled pursuant to an action described in
     subparagraph (A)  or (B)  shall be  required to  comply with
     such  standard  under this  section until  the date  5 years
     after  the date on which such  installation or reduction has
     been  achieved,  as  determined  by  the Administrator.  The
     Administrator  may  issue such  rules  and  guidance as  are
     necessary to implement this paragraph. 
       (7)  EXTENSION FOR NEW  SOURCES.- A source  for which con-
     struction or  reconstruction is commenced after  the date an
     emission  standard  applicable to  such  source  is proposed
     pursuant to subsection  (d) but before the  date an emission
     standard applicable  to such source is  proposed pursuant to
     subsection  (f) shall  not  be required  to comply  with the
     emission  standard under  subsection (f)  until the  date 10
     years  after  the  date construction  or  reconstruction  is
     commenced. 
       (8) Coke ovens. 
            (A)  Any coke  oven  battery that  complies with  the
          emission   limitations  established   under  subsection
          (d)(8)(C), subparagraph (B), and subparagraph  (C), and
          complies with the provisions of subparagraph (E), shall
          not be required to achieve emission limitations promul-
          gated under subsection (f) until January 1, 2020. 
            (B)(i) Not later than December 31, 1992, the Adminis-
          trator shall  promulgate emission limitations  for coke
          oven  emissions  from  coke  oven  batteries.  Notwith-
          standing paragraph (3) of  this subsection, the compli-
          ance  date for  such emission limitations  for existing
          coke  oven batteries  shall  be January  1, 1998.  Such
          emission  limita-tions shall reflect the lowest achiev-
          able emission rate as defined in section 171 for a coke
          oven battery that is rebuilt or a replacement at a coke
          oven  plant  for  an  existing  battery.  Such emission
          limitations shall be no less stringent than - 
               (I)  3 per  centum leaking  doors (5  per centum
            leaking doors for six meter batteries); 
               (II) 1 per centum leaking lids;
               (III) 4 per centum leaking offtakes; and
               (IV) 16 seconds visible emissions per charge, 
          with an exclusion for emissions during the period after
          the closing  of self-sealing  oven doors (or  the total
          mass  emissions  equivalent). The  rulemaking  in which
          such  emission limitations  are promulgated  shall also
          estab-
          lish  an appropriate measurement methodology for deter-
          mining compliance  with such emission  limitations, and
          shall establish  such emission limitations  in terms of
          an equivalent level of  mass emissions reduction from a
          coke  oven battery, unless the Administrator finds that
          such a mass emissions standard would not be practicable
          or  enforceable. Such  measurement methodology,  to the
          extent  it  measures  leaking  doors,  shall take  into
          consideration alternative test methods that reflect the
          best technology  and practices actually  applied in the
          affected industries,  and shall  assure that  the final
          test methods  are consistent  with  the performance  of
          such best technology and practices.
            (ii) If  the Administrator  fails to promulgate  such
          emission  limitations under this  subparagraph prior to
          the effective  date of  such emission  limitations, the
          emission limitations applicable  to coke oven batteries
          under this subparagraph shall be - 
               (I)  3 per  centum leaking  doors (5  per centum
            leaking doors for six meter batteries);
               (II) 1 per centum leaking lids;
               (III) 4 per centum leaking offtakes; and 
               (IV) 16 seconds visible emissions per charge, 
          or the  total mass  emissions equivalent (if  the total
          mass emissions equivalent is determined to be practica-
          ble and enforceable),  with no exclusion  for emissions
          during  the  period after  the closing  of self-sealing
          oven doors.
            (C) Not later than January 1, 2007, the Administrator
          shall review the emission limitations promulgated under
          subparagraph   (B)  and  revise,   as  necessary,  such
          emission limitations to  reflect the lowest  achievable
          emission rate as defined in section 171 at the time for
          a coke oven battery that is rebuilt or a replacement at
          a  coke  oven  plant  for  an  existing  battery.  Such
          emission limitations  shall be  no less  stringent than
          the emission limitation promulgated  under subparagraph
          (B).  Notwithstanding paragraph (2) of this subsection,
          the compliance date  for such emission  limitations for
          existing coke oven batteries shall be January 1, 2010. 
            (D) At any time  prior to January 1, 1998,  the owner
          or  operator of  any  coke oven  battery  may elect  to
          comply  with  emission  limitations  promulgated  under
          subsection (f)  by the date  such emission  limitations
          would  otherwise apply  to such  coke oven  battery, in
          lieu of  the emission  limitations  and the  compliance
          dates provided under subparagraphs  (B) and (C) of this
          paragraph. Any such owner  or operator shall be legally
          bound   to  comply   with  such   emission  limitations
          promulgated under  subsection (f) with respect  to such
          coke oven battery  as of  January 1, 2003.  If no  such
          emission limitations  have  been promulgated  for  such
          coke oven battery,  the Administrator shall  promulgate
          such emission limitations in accordance with subsection
          (f) for such coke oven battery. 
            (E)  Coke oven batteries  qualifying for an extension
          under subparagraph  (A) shall make available  not later
          than January  1, 2000, to  the surrounding  communities
          the  results of  any risk  assessment performed  by the
          Adminis-trator  to determine  the appropriate  level of
          any emis-sion standard established by the Administrator
          pursuant to subsection (f). 
            (F) Notwithstanding  the provisions of  this section,
          reconstruction  of any  source of  coke oven  emissions
          qualifying for an extension under this paragraph  shall
          not subject  such source to emission  limitations under
          subsection  (f) more  stringent than  those established
          under subparagraphs (B) and  (C) until January 1, 2020.
          For the purposes of this subparagraph, the term "recon-
          struction"  includes the  replacement of  existing coke
          oven battery  capacity with new coke  oven batteries of
          comparable  or  lower   capacity  and  lower  potential
          emissions.
		  

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