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Title 40: Protection of Environment
§51.912 What requirements apply for reasonably available control technology (RACT) and reasonably available control measures (RACM) under the 8-hour NAAQS?
(a) What is the RACT requirement for areas subject to subpart 2 in accordance with §51.903? (1) For each area subject to subpart 2 in accordance with §51.903 of this part and classified moderate or higher, the State shall submit a SIP revision that meets the NOX and VOC RACT requirements in sections 182(b)(2) and 182(f) of the Act.
(2) The State shall submit the RACT SIP for each area no later than 27 months after designation for the 8-hour ozone NAAQS, except that for a State subject to the requirements of the Clean Air Interstate Rule, the State shall submit NOX RACT SIPs for electrical generating units (EGUs) no later than the date by which the area's attainment demonstration is due (prior to any reclassification under section 181(b)(3)) for the 8-hour ozone national ambient air quality standard, or July 9, 2007, whichever comes later.
(3) The State shall provide for implementation of RACT as expeditiously as practicable but no later than the first ozone season or portion thereof which occurs 30 months after the RACT SIP is due.
(b) How do the RACT provisions apply to a major stationary source? Volatile organic compounds and NOX are to be considered separately for purposes of determining whether a source is a major stationary source as defined in section 302 of the Act.
(c) What is the RACT requirement for areas subject only to subpart 1 pursuant to §51.902(b)? Areas subject only to subpart 1 pursuant to §51.902(b) are subject to the RACT requirement specified in section 172(c)(1) of the Act.
(1) For an area that submits an attainment demonstration that requests an attainment date 5 years or less after designation for the 8-hour NAAQS, the State shall meet the RACT requirement by submitting an attainment demonstration SIP demonstrating that the area has adopted all control measures necessary to demonstrate attainment as expeditiously as practicable.
(2) For an area that submits an attainment demonstration that requests an attainment date more than 5 years after designation for the 8-hour NAAQS, the State shall submit a SIP consistent with the requirements of §51.912(a) and (b) except the State shall submit the RACT SIP for each area with its request pursuant to Clean Air Act section 172(a)(2)(A) to extend the attainment date.
(d) What is the Reasonably Available Control Measures (RACM) requirement for areas designated nonattainment for the 8-hour NAAQS? For each nonattainment area required to submit an attainment demonstration under §51.908, the State shall submit with the attainment demonstration a SIP revision demonstrating that it has adopted all RACM necessary to demonstrate attainment as expeditiously as practicable and to meet any RFP requirements.
[70 FR 71701, Nov. 29, 2005, as amended at 72 FR 31749, June 8, 2007]