40 CFR §57.702
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)This section applies to all smelters which receive an NSO, but only to the extent this section is compatible with any SIP compliance schedule required by §§ 57.201(d)(2) and 57.705.
- (b)Any NSO issued to a smelter not required to immediately comply with the requirements of subpart G under § 57.701 shall contain a schedule for compliance with those requirements as expeditiously as practicable but in no case later than 6 months from the effective date of the NSO, except as follows: Where a waiver is requested in accordance with subpart H, an NSO may be issued without a schedule for compliance with the requirements for which a waiver is being considered consistent with subpart H, pending a final decision on the request under subpart H. If a waiver is requested in accordance with subpart H, compliance with the requirements of subpart C which were deferred as a result of such request shall be achieved as expeditiously as practicable after, but in no case later than 6 months from a final decision by the issuing agency to deny a waiver under subpart H or disapproval by EPA of a waiver granted by the issuing agency. The time limits specified herein may be extended only if a smelter operator demonstrates that special circumstances warrant more time, in which case the compliance schedule shall require compliance as expeditiously as practicable. An NSO which does not contain a schedule for compliance with all the requirements of subpart C because a waiver has been requested in accordance with subpart H shall be amended in accordance with § 57.104 within three months after a final decision under subpart H so as to either grant a waiver of any remaining requirements of subpart C, or deny such a waiver and place the smelter on a compliance schedule for meeting those requirements. If the issuing agency grants a waiver and such waiver is disapproved by EPA, the issuing agency shall promptly amend the NSO so as to place the smelter on a compliance schedule meeting any remaining requirements of subpart C.
- (c)Any schedule required under this section shall contain the following information and increments of progress to the extent applicable:
- (1)Description of the overall design of the SO2 control system(s) to be installed;
- (2)Descriptions of specific process hardware to be used in achieving compliance with interim SO2 constant controls including gas capacity values;
- (3)The date by which contracts will be let or purchase orders issued to accomplish any necessary performance improvements;
- (4)The date for initiating on-site construction or installation of necessary equipment;
- (5)The date by which on-site construction or installation of equipment is to be completed; and
- (6)The date for achievement of final compliance with interim emission limitations.