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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:
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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),
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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,
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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
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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.