Sec. 18 AAC 50.321 - Case-by-case maximum achievable control technology determinations

ยง 18 AAC 50.321. Case-by-case maximum achievable control technology determinations

(a) Purpose. This section implements EPA requirements for case-by-case maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) in 40 C.F.R. 63.40 - 63.44, adopted by reference in 18 AAC 50.040.

(b) Applicability. This section applies to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has been specifically regulated or exempted from regulation by a standard under 42 U.S.C. 7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j)), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2) stationary source is exempted under (c) of this section.

(c) Exclusions from this section. The requirements of this section do not apply to

(1) an electric utility steam generating unit unless, and until such time as that unit is added to the source category list under 42 U.S.C. 7412(c)(5) (Clean Air Act sec. 112(c)(5));

(2) a stationary source that is within a source category that has been deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activities, as defined in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or reconstruction of a major source of hazardous air pollutants unless the department has made a final and effective case-by-case determination under (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of this section the owner or operator must obtain a notice of MACT approval under the procedures of 40 C.F.R. 63.43(d) - (m), adopted by reference in 18 AAC 50.040. To the extent practicable, the department will coordinate processing of the notice of MACT approval with the processing of any permit that is required for the stationary source or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) The definitions of 42 C.F.R. 63.41 are adopted by reference, except that "permitting authority" means the department;

(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A, except that "construction," "emission standard," "hazardous air pollutant," "operator," "owner," "potential to emit," and "stationary source" have the meanings given in AS 46.14.990 and "fugitive emissions" has the meaning given in 18 AAC 50.990.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 10/6/2013, Register 208, January 2014)

Authority:AS 46.14.010

AS 46.14.020

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