2If no Part 1 application was filed and a source is notified by the permitting authority that is subject to Section 112(j), the source has 30 days to file the Part 1 application. 40 C.F.R. 63.52(a)(2).
3A coalition of industry groups filed a motion to dismiss the challenge, arguing that because the Sierra Club did not raise the issue of the extension for Part 2 applications in the public comment period after the proposed rule, it was precluded from challenging that portion of the Final Rule.
4The settlement would also require that EPA promulgate amendments to the section of the MACT General Provisions that require preparation and submittal of Startup, Shutdown and Malfunction plans (40 C.F.R. 63.6(e)).