[Code of Federal Regulations]
[Title 40, Volume 5, Parts 53 to 59]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR57.704]

[Page 153]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 57--PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents
 
               Subpart G--Compliance Schedule Requirements
 
Sec. 57.704  Compliance with fugitive emission evaluation and control requirements.

    This section applies only to smelters not required to submit SIP 
Compliance Schedules under Sec. 57.705. Each NSO shall require that 
smelters satisfy each of the requirements of subpart E as expeditiously 
as practicable, taking into account the extent to which those 
requirements have already been satisfied, and in any event, within any 
deadlines specified below.
    (a) Plan for fugitive emission control. The NSO shall provide that 
within a reasonable period after the submission of the report on the 
fugitive emission control study required by Sec. 57.502, but within a 
period allowing sufficient time for compliance with the requirement of 
Sec. 57.503 for amendment of the NSO, the smelter owner shall submit to 
the issuing agency for its approval a proposed fugitive emission control 
plan, including increments of progress, for compliance with the 
requirements of Secs. 57.501 and 57.503.
    (b) SCS Report. If the fugitive emission control plan submitted 
under paragraph (a) of this section proposes to meet the requirements of 
Secs. 57.501 and 57.503 through the additional use of a supplementary 
control system, the plan shall demonstrate that the use of supplementary 
controls at that smelter to prevent violations of the NAAQS resulting 
from fugitive emissions is practicable, adequate, reliable, and 
enforceable. The plan shall contain increments of progress providing for 
completion of the implementation of each additional measure, and for 
corresponding compliance with the requirements of pararaphs (b) and (c) 
of Sec. 57.404, within four months of approval of the plan by the 
issuing agency. The plan shall also provide that within three months 
after completion of implementation of those additional measures, the 
smelter shall fully comply with the requirements of Secs. 57.401 and 
57.501 (including the assumption of liability for violations of NAAQS 
within its designated liability area), and shall submit and additional 
SCS report for the approval of the issuing agency. This additional final 
report shall correspond to that submitted under Sec. 57.405(b)(2), 
except that it need not contain the 3-month study described in 
Sec. 57.405(b)(2)(iii).
    (c) NSO amendment. The amendments of the NSO required under 
Sec. 57.503 shall be affected by the issuing agency as follows:
    (1) With respect to the additional use of SCS, upon approval or 
promulgation of the plan submitted under paragraph (a) of this section 
and upon approval or promulgation of the requirements for the system 
described in the additional SCS Report under paragraph (b) of this 
section;
    (2) With respect to the additional use of engineering techniques, 
upon approval or promulgation of the compliance schedule required by 
paragraph (a) of this section.

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