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You are here: Home / Permitting / Air Permits / PermitByRule / Historical Rules / old116 / 1298 / Title 30 TAC 116.180 - 183, December 10, 1998

Title 30 TAC 116.180 - 183, December 10, 1998

Synopsis of specific rules from air permitting that were in effect on this date.

Subchapter C Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources


§ 116.180 Applicability
§ 116.181 Exclusions
§ 116.182 Application
§ 116.183 Public Notice Requirements

116.180 Applicability

(a) The provisions of this subchapter implement FCAA, § 112(g), Modifications, and 40 Code of Federal Regulations Part 63, Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources, Subpart B, Requirements for Control Technology, as amended December 27, 1996. Affected sources (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) subject to this subchapter are those sources for which EPA has not promulgated a MACT standard under 40 CFR Part 63. For purposes of this subchapter:

(1) "Construct a major source" means the following:

(A) to fabricate, erect, or install at any green field 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 ten tons per year of any hazardous air pollutant (HAP) or 25 tons per year of any combination of HAPs;

(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 ten tons per year of any HAP or 25 tons per year of any combination of HAPs, unless the process or production unit satisfies clauses (i)-(vi) of this subparagraph:

(i) all HAPs emitted by the process or production unit that would otherwise be controlled under the requirements of this subchapter will be controlled by emission control equipment which was previously installed at the same site as the process or production unit;

(ii) either of the following regarding control of HAP emissions:

(I) the executive director has determined within a period of five 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), lowest achievable emission rate (LAER) under Title 40 Code of Federal Regulations (CFR) Part 51 or 52, toxics-best available control technology (T-BACT), or maximum achievable control technology (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

(II) the executive director 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, LAER, T-BACT, or state air toxic rule MACT determination);

(iii) the executive director 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 executive director has provided notice and an opportunity for public comment concerning its determination that criteria in clauses (i)-(iii) of this subparagraph apply and concerning the continued adequacy of any prior LAER, BACT, T-BACT, or state air toxic rule MACT determination;

(v) if any commenter has asserted that a prior LAER, BACT, T-BACT, or state air toxic rule MACT determination is no longer adequate, the executive director 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 determinations in clauses (i)-(v) of this subparagraph are predicated will be construed by the executive director as applicable requirements under FCAA, § 504(a), and either have been incorporated into any existing permit issued under Chapter 122 of this title (relating to Federal Operating Permits) for the affected source (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) or will be incorporated into such permit upon issuance.

(2) "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 ten 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% 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 MACT emission limitation for new sources established under this subchapter.

(b) The requirements of this subchapter apply to an owner or operator of an affected source (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) who constructs or reconstructs on or after June 29, 1998, the effective date of § 112(g)(2)(B), unless the affected source in question has been specifically regulated or exempted from regulation under a standard issued under the FCAA, § 112(d), (h), or (j) and incorporated in another subpart of Part 63, or the owner or operator of such affected source has received all necessary air quality permits for such construction or reconstruction project before the effective date of § 112(g)(2)(B). Administratively complete applications submitted prior to June 29, 1998, are not subject to the requirements of this subchapter.

(c) Affected sources as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) subject to the requirements of this subchapter are not eligible to use a standard permit under Subchapter F of this chapter (relating to Standard Permits) unless the terms and conditions of the specific standard permit meet the requirements of this subchapter.

116.181 Exclusions

(a) The requirements of this subchapter do not apply to electric utility steam generating units unless and until such time as these units are added to the source category list under FCAA, § 112(c)(5).

(b) The requirements of this subchapter do not apply to stationary sources that are within a source category that has been deleted from the source category list under FCAA, § 112(c)(9).

(c) The requirements of this subchapter do not apply to research and development activities, as defined in 40 Code of Federal Regulations, § 63.41.

(d) Nothing in this subchapter shall prevent a state or local agency from imposing more stringent requirements than those contained in this subchapter.

116.182 Application

Consistent with the requirements of 40 Code of Federal Regulations, § 63.43 (concerning maximum achievable control technology determinations for constructed and reconstructed major sources), the owner or operator of a proposed affected source (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) shall submit a permit application as described in § 116.110 of this title (relating to Applicability).

116.183 Public Notice Requirements

Proposed affected sources (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) shall comply with the public notice requirements contained in § 116.130 of this title (relating to Applicability).


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