---
kind: "section"
citation: "40 C.F.R. § 57.702"
title: "40"
number: "57.702"
heading: "Compliance with constant control emission limitation."
url: "https://uscodex.org/cfr/40/57.702"
---

# §57.702. Compliance with constant control emission limitation.

- (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)](/cfr/40/57.201.md?p=d-2) and [57.705](/cfr/40/57.705.md).
- (b) Any NSO issued to a smelter not required to immediately comply with the requirements of [subpart G](/cfr/40/subpartG.md) under [§ 57.701](/cfr/40/57.701.md) 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](/cfr/40/subpartH.md), an NSO may be issued without a schedule for compliance with the requirements for which a waiver is being considered consistent with [subpart H](/cfr/40/subpartH.md), pending a final decision on the request under subpart H. If a waiver is requested in accordance with [subpart H](/cfr/40/subpartH.md), compliance with the requirements of [subpart C](/cfr/40/subpartC.md) 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](/cfr/40/subpartH.md) 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](/cfr/40/subpartC.md) because a waiver has been requested in accordance with [subpart H](/cfr/40/subpartH.md) shall be amended in accordance with [§ 57.104](/cfr/40/57.104.md) within three months after a final decision under [subpart H](/cfr/40/subpartH.md) so as to either grant a waiver of any remaining requirements of [subpart C](/cfr/40/subpartC.md), 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.**

## Notes

### Authority

Authority: Secs. 110, 114, 119, 301, Clean Air Act, as amended (42 U.S.C. 7410, 7414, 7419, and 7601); sec. 406 of Pub. L. 95-95.

### Source

Source: 50 FR 6448, Feb. 15, 1985, unless otherwise noted.