(a) Applicability. The requirements of this section carry out section 112(g)(2)(B) of the Clean Air Act, as amended in 1990.
(b) Overall Requirements. The requirements of this section apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after the effective date of this section unless the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), section 112(h), or section 112(j) and incorporated in 40 CFR part 63 or Chapter 5, Section 3, or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before the effective date of this section.
(c) Exclusion for Electric Utility Steam Generating Units. The requirements of this section do not apply to electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to section 112(c)(5) of the Act.
(d) Exclusion for Stationary Sources in Deleted Source Categories. The requirements of this section do not apply to stationary sources that are within a source category that has been deleted from the source category list pursuant to section 112(c)(9) of the Act.
(e) Exclusion for Research and Development Activities. The requirements of this section do not apply to research and development activities, as defined in Chapter 6, Section 6(f) (xiii).
(f) Definitions:
Terms used in this section that are not defined in this section have the meaning given to them in the Act and in Chapter 5, Section 3.
- (i) "Affected source" means the stationary source or group of stationary sources which, when fabricated (on site), erected, or installed meets the definition of "construct a major source" or the definition of "reconstruct a major source" contained in this section.
- (ii) "Affected States" are all States:
- (A) Whose air quality may be affected and that are contiguous to the State of Wyoming where a MACT determination is made in accordance with this Section; or
- (B) Whose air quality may be affected and that are within 50 miles of the major source for which a MACT determination is made in accordance with this section.
- (iii) "Available information" means, for purposes of identifying control technology options for the affected source, information contained in the following information sources as of the date of approval of the MACT determination by the Division:
- (A) A relevant proposed regulation, including all supporting information;
- (B) Background information documents for a draft or proposed regulation;
- (C) Data and information available for the EPA Control Technology Center developed pursuant to section 113 of the Act;
- (D) Data and information contained in the EPA Aerometric Informational Retrieval System including information in the MACT data base;
- (E) Any additional information that can be expeditiously provided by EPA; and
- (F) For the purpose of determinations by the Division, any additional information provided by the applicant or others, and any additional information considered available by the Division.
- (iv) "Construct a major source" means:
- (A) To Fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit 10 tons per year of any HAPs or 25 tons per year of any combination of HAP, or
- (B) To fabricate, erect, or install at any developed site a new process or production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the process or production unit satisfies criteria in paragraphs (B)(I) through (VI) of this definition.
- (I) All HAP emitted by the process or production unit that would otherwise be controlled under the requirements of this section will be controlled by emission control equipment which was previously installed at the same site as the process or production unit;
- (II)
- (1.) The Division has determined within a period of 5 years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available control technology (BACT), toxics-best available control technology (T-BACT), under Chapter 6, Section 2, or MACT based on State air toxic rules for the category of pollutants which includes those HAPs to be emitted by the process or production unit; or
- (2.) The Division determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT, T-BACT, or State air toxic rule MACT determination);
- (III) The Division determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit;
- (IV) The Division has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs (B)(I), (B)(II), and (B)(III) of this definition apply and concerning the continued adequacy of any prior BACT, T-BACT, or State air toxic rule MACT determination;
- (V) If any commenter has asserted that a prior BACT, T-BACT, or State air toxic rule MACT determination is no longer adequate, the Division has determined that the level of control required by that prior determination remains adequate; and
- (VI) Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Division are applicable requirements under Chapter 6, Section 3 and either have been incorporated into any existing operating permit for the affected facility or will be incorporated into such permit upon issuance.
- (v) "Control technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants through process changes, substitution of materials or other modifications;
- (A) Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications;
- (B) Enclose systems or processes to eliminate emissions;
- (C) Collect, capture or treat such pollutants when released from a process, stack, storage or fugitive emissions point;
- (D) Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. 7412(h); or
- (E) Are a combination of paragraphs (A) through (D) of this definition.
- (vi) "Electric utility steam generating unit" means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that co-generates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.
- (vii) "Greenfield site" means a contiguous area under common control that is an undeveloped site.
- (viii) "List of Source Categories" means the Source Category List required by section 112(c) of the Act.
- (ix) "Maximum achievable control technology (MACT) emission limitation for new sources" means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the Division, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.
- (x) "Notice of MACT Approval" means a Chapter 6, Section 2 permit issued by a Division containing all federally enforceable conditions necessary to enforce the application and operation of MACT or other control technologies such that the MACT emission limitation is met.
- (xi) "Process or production unit" means any collection of structures and/or equipment, that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.
- (xii) "Reconstruct a major source" means the replacement of components at an existing process or production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, whenever:
- (A) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and
- (B) It is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under this section.
- (xiii) "Research and development activities" means activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.
- (xiv) "Similar source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major source such that the source could be controlled using the same control technology.
(g) Prohibition. After the effective date of this section no person may begin actual construction or reconstruction of a major source of HAP unless: - (i) The major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), section 112(h) or section 112(j) in 40 CFR part 63, and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in Chapter 5, Section 3; or
- (ii) The Division has made a final and effective case-by-case determination pursuant to the provisions of Chapter 6, Section 6(h) such that emissions from the constructed or reconstructed major source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.
(h) Maximum Achievable Control Technology (MACT) Determinations for Constructed and Reconstructed Major Sources. - (i) Applicability. The requirements of this section apply to an owner or operator who constructs or reconstructs a major source of HAP subject to a case-by-case determination of maximum achievable control technology pursuant to Chapter 6, Section 6(g).
- (ii) Requirements for Constructed and Reconstructed Major Sources. When a case-by-case determination of MACT is required by Chapter 6, Section 6(g), the owner and operator shall obtain from the Division an approved MACT determination in conjunction with the required Chapter 6, Section 2 permit according to the requirements listed in Chapter 6, Section 6(h)(iv).
- (iii) Principles of MACT Determinations. The following general principles shall govern preparation by the owner or operator of each permit application or other application requiring a case-by-case MACT determination concerning construction or reconstruction of a major source, and all subsequent review of and actions taken concerning such an application by the Division:
- (A) The MACT emission limitation or MACT requirements recommended by the applicant and approved by the Division shall not be less stringent than the emission control which is achieved in practice by the best controlled similar source, as determined by the Division.
- (B) Based upon available information, as defined in this section, the MACT emission limitation and control technology (including any requirements under Chapter 6, Section 6(h)(iii)(C) ) recommended by the applicant and approved by the Division shall achieve the maximum degree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.
- (C) The applicant may recommend a specific design, equipment, work practice, or operational standard, or a combination thereof, and the Division may approve such a standard if the Division specifically determines that it is not feasible to prescribe or enforce an emission limitation under the criteria set forth in section 112(h)(2) of the Act.
- (D) If EPA has either proposed a relevant emission standard pursuant to section 112(d) or section 112(h) of the Act or adopted a presumptive MACT determination for the source category which includes the constructed or reconstructed major source, then the MACT requirements applied to the constructed or reconstructed major source shall have considered those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.
- (iv) Application Requirements for a Case-By-Case MACT Determination.
- (A) An application for a MACT determination, in conjunction with an application for a permit pursuant to Chapter 6, Section 2, shall specify a control technology selected by the owner or operator that, if properly operated and maintained, will meet the MACT emission limitation or standard as determined according to the principles set forth in Chapter 6, Section 6(h)(iii).
- (B) In each instance where a constructed or reconstructed major source would require additional control technology or a change in control technology, the application for a MACT determination shall contain the following information:
- (I) The name and address (physical location) of the major source to be constructed or reconstructed;
- (II) A brief description of the major source to be constructed or reconstructed and identification of any listed source category or categories in which it is included;
- (III) The expected commencement date for the construction or reconstruction of the major source;
- (IV) The expected completion date for construction or reconstruction of the major source;
- (V) The anticipated date of start-up for the constructed or reconstructed major source;
- (VI) The HAP emitted by the constructed or reconstructed major source, and the estimated emission rate for each such HAP, to the extent this information is needed by the Division to determine MACT;
- (VII) Any federally enforceable emission limitations applicable to the constructed or reconstructed major source;
- (VIII) The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the Division to determine MACT;
- (IX) The controlled emissions for the constructed or reconstructed major source in tons/yr at expected and maximum utilization of capacity, to the extent this information is needed by the Division to determine MACT;
- (X) A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in paragraph (iii) of this section;
- (XI) The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer's name, address, telephone number, and relevant specifications and drawings, if requested by the Division);
- (XII) Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health environmental impacts or energy requirements for the selected control technology; and
- (XIII) Any other relevant information required pursuant to Section 33.
- (C) In each instance where the owner or operator contends that a constructed or reconstructed major source will be in compliance, upon startup, with case-by-case MACT under this section without a change in control technology, the application for a MACT determination shall contain the following information:
- (I) The information described in Chapter 6, Section 6(h)(iv)(B)(I) through (iv)(B)(X); and
- (II) Documentation of the control technology in place.
- (v) Administrative Procedures for Review of the Notice of MACT Approval.
- (A) The administrative procedures for review shall follow the procedures specified in Chapter 6, Section 2(g) for the permit review and approval or denial process.
- (vi) Notice of MACT Approval.
- (A) The Notice of MACT Approval will contain a MACT emission limitation (or a MACT work practice standard if the Division determines it is not feasible to prescribe or enforce an emission standard) to control the emissions of HAP. The MACT emission limitation or standard will be determined by the Division and will conform to the principles set forth in Chapter 6, Section 6(h)(iii) of this section.
- (B) The Notice of MACT Approval will specify any notification, operation and maintenance, performance testing, monitoring, reporting and recordkeeping requirements. The Notice of MACT Approval shall include:
- (I) In addition to the MACT emission limitation or MACT work practice standard established under this section, additional emission limits, production limits, operational limits or other terms and conditions necessary to ensure Federal enforceability of the MACT emission limitation;
- (II) Compliance certifications, testing, monitoring, reporting and recordkeeping requirements that are consistent with the requirements of Chapter 6, Section 3(h);
- (III) In accordance with section 114(a)(3) of the Act, monitoring shall be capable of demonstrating continuous compliance during the applicable reporting period. Such monitoring data shall be of sufficient quality to be used as a basis for enforcing all applicable requirements established under this section, including emission limitations;
- (IV) A statement requiring the owner or operator to comply with all applicable requirements contained in Chapter 5, Section 3.
- (C) All provisions contained in the Notice of MACT Approval shall be federally enforceable upon the effective date of issuance of such notice, as provided by Chapter 6, Section 6(h)(ix).
- (D) The Notice of MACT Approval shall expire if construction or reconstruction has not commenced within 18 months of issuance, unless the Division has granted an extension which shall not exceed an additional 12 months.
- (vii) Opportunity for Public Comment on the Notice of MACT Approval.
- (A) The opportunity for public comment shall follow the procedures specified in Chapter 6, Section 2(m) for the permit review and approval process.
- (viii) EPA Notification. The Division shall send a copy of the final Notice of MACT Approval issued pursuant to Chapter 6, Section 2 and this section to the EPA through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in affected States.
- (ix) Effective Date. The effective date of a MACT determination shall be the date of issuance of the Chapter 6, Section 2 permit to construct or reconstruct.
- (x) Compliance Date. On and after the date of start-up, a constructed or reconstructed major source which is subject to the requirements of this section shall be in compliance with all applicable requirements specified in the MACT determination.
- (xi) Compliance With MACT Determinations.
- (A) An owner or operator of a constructed or reconstructed major source that is subject to a MACT determination shall comply with all requirements in the final Notice of MACT Approval, including but not limited to any MACT emission limitation or MACT work practice standard, and any notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements.
- (B) An owner or operator of a constructed or reconstructed major source which has obtained a MACT determination shall be deemed to be in compliance with Chapter 6, Section 6(g) only to the extent that the constructed or reconstructed major source is in compliance with all requirements set forth in the final Notice of MACT Approval issued pursuant to Chapter 6, Section 2 and this section. Any violation of such requirements by the owner or operator shall be deemed by the Division and by EPA to be a violation of the prohibition on construction or reconstruction in Chapter 6, Section 6(g) for whatever period the owner or operator is determined to be in violation of such requirements, and shall subject the owner or operator to appropriate enforcement action.
- (xii) Reporting to EPA. Within 60 days of the issuance of a final Notice of MACT Approval issued pursuant to Chapter 6, Section 2 and this section, the Division shall provide a copy of such notice to the Administrator, and shall provide a summary in a compatible electronic format for inclusion in the MACT data base.
(i) Requirements for Constructed or Reconstructed Major Sources Subject to a Subsequently Promulgated MACT Standard or MACT Requirement. - (i) If EPA promulgates an emission standard under section 112(d) or section 112(h) of the Act or the Division issues a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which would be deemed to be a constructed or reconstructed major source under this section before the date that the owner or operator has obtained a final and legally effective MACT determination pursuant to Chapter 6, Section 6(h), the owner or operator of the source(s) shall comply with the promulgated standard or determination rather than any MACT determination under this section by the Division, and the owner or operator shall comply with the promulgated standard by the compliance date in the promulgated standard.
- (ii) If EPA promulgates an emission standard under section 112(d) or section 112(h) of the Act or the Division makes a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this section and has been subject to a prior case-by-case MACT determination pursuant to Chapter 6, Section 6(h), and the owner and operator obtained a final and legally effective case-by-case MACT determination prior to the promulgation date of such emission standard, then the Division shall (if the initial operating permit has not yet been issued) issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial operating permit has been issued) revise the operating permit according to the reopening procedures in Chapter 6, Section 3(d)(vii) to incorporate the emission standard or determination.
- (A) The EPA may include in the emission standard established under section 112(d) or section 112(h) of the Act a specific compliance date for those sources which have obtained a final and legally effective MACT determination under this section and which have submitted the information required by Chapter 6, Section 6(h) to the EPA before the close of the public comment period for the standard established under section 112(d) of the Act. Such date shall assure that the owner or operator shall comply with the promulgated standard as expeditiously as practicable, but not longer than 8 years after such standard is promulgated. In that event, the Division shall incorporate the applicable compliance date in the Chapter 6, Section 3 operating permit.
- (B) If no compliance date has been established in the promulgated 112(d) or 112(h) standard or section 112(j) determination, for those sources which have obtained a final and legally effective MACT determination under this section, then the Division shall establish a compliance date in the Chapter 6, Section 3 operating permit that assures that the owner or operator shall comply with the promulgated standard or determination as expeditiously as practicable, but not longer than 8 years after such standard is promulgated or a section 112(j) determination is made.
- (iii) Notwithstanding the requirements of paragraphs (i) and (ii) of this section, if EPA promulgates an emission standard under section 112(d) or section 112(h) of the Act or the Division issues a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this section and which is the subject of a prior case-by-case MACT determination pursuant to subsection (h), and the level of control required by the emission standard issued under section 112(d) or section 112(h) or the determination issued under section 112(j) is less stringent than the level of control required by any emission limitation or standard in the prior MACT determination, the Division is not required to incorporate any less stringent terms of the promulgated standard in the Chapter 6, Section 3 operating permit applicable to such source(s) and may in its discretion consider any more stringent provisions of the prior MACT determination to be applicable legal requirements when issuing or revising such an operating permit.
Amended, Eff. 10/13/2015.
Amended, Eff. 12/20/2016.