[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (LLLLLL)
(AA) of rule
3745-31-01 of the Administrative
Code entitled, "referenced materials."]
(A) Applicability.
Except as provided in paragraph (C) of this rule, the
requirements of this rule apply to the construction or reconstruction of a
major MACT source.
(B)
Requirements.
On or after June 29, 1998, no person may cause, permit, or
allow the beginning of actual construction or reconstruction of any process or
production unit that is a major MACT source without first applying for and
obtaining a MACT determination from the director unless specifically exempted
under paragraph (C) of this rule.
(C) Exemptions.
The following major MACT sources are exempt from the
requirements of this rule:
(1) Any
major MACT source that has been specifically regulated or exempted from
regulation under a federal standard issued pursuant to Section 112(d) or
Section 112(h) of the Clean Air Act and incorporated in a subpart of 40 CFR
Part
63, or under a determination issued pursuant to Section 112(j) of the
Clean Air Act.
(2) Any major MACT
source that has received a final permit-to-install before June 29,
1998.
(3) Any major MACT source
that is an electric utility steam generating unit, unless and until such time
as these units are added to the source category list pursuant to Section
112(c)(5) of the Clean Air Act.
(4)
Any major MACT source that is within a source category which has been deleted
from the source category list pursuant to Section 112(c)(9) of the Clean Air
Act.
(5) Any major MACT source that
is a research and development activity.
(D) Data submission.
The permit application for a major MACT source to which this
rule applies shall specify a control technology selected by the applicant that,
if properly maintained and operated, will satisfy paragraph (E) of this
rule.
(1) In each case where a
constructed or reconstructed major MACT source would require additional control
technology or change in control technology, the application for a MACT
determination shall contain the following information:
(a) The name and address (physical location)
of the major MACT source to be constructed or reconstructed.
(b) A brief description of the major MACT
source to be constructed or reconstructed and identification of any listed
source category or source categories from Section 112(c) of the Clean Air Act
in which it is included.
(c) The
expected commencement date for the construction or reconstruction of the major
MACT source.
(d) The expected
completion date for the construction or reconstruction of the major MACT
source.
(e) The anticipated date of
start-up for the constructed or reconstructed major MACT source.
(f) The HAPs to be emitted by the constructed
or reconstructed major MACT source, and the estimated emission rate for each
such HAP, to the extent that this information is required by the
director.
(g) Any federally
enforceable emission limitations applicable to the constructed or reconstructed
major MACT source.
(h) The maximum
and expected utilization of capacity of the constructed or reconstructed major
MACT source, and the associated uncontrolled emission rates for that source to
the extent this information is needed by the director to determine
MACT.
(i) The controlled emissions
for the constructed or reconstructed major MACT source, in tons per year, at
expected and maximum utilization of capacity to the extent this information is
needed by the director to determine MACT.
(j) A recommended emission limitation for the
constructed or reconstructed major MACT source consistent with the principles
set forth in paragraph (E) of this rule.
(k) Any other relevant information required
pursuant to 40 CFR Part
63, Subpart A.
(l) The control technology selected to meet
the recommended MACT emission limitation, including technical information on
the design, operation, size, and estimated control efficiency of the control
technology.
(m) 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 and environmental impacts or energy
requirements for the selected control technology.
(2) In each case where an applicant contends
that a constructed or reconstructed major MACT source will be in compliance,
upon start-up, with case-by-case MACT without a change in control technology,
the application shall contain the following information:
(a) The information described in paragraphs
(D)(1)(a) to (D)(1)(j) of this rule.
(b) Documentation of the control technology
in place.
(E)
Principles of MACT determination.
The following general principles shall govern preparation by
the applicant of each permit application requiring a MACT determination, and
all subsequent review of and actions taken concerning such an
application:
(1) The MACT emission
limitation or MACT requirements recommended by the applicant and approved by
the director shall not be less stringent than the emission control which is
achieved in practice by the best controlled similar source, as determined by
the director.
(2) Based upon
available information as defined in this rule, the MACT emission limitation and
control technology recommended by the applicant and approved by the director
shall achieve the maximum degree of reduction of HAP emissions which can be
achieved by utilizing those control technologies identified in the available
information, considering the costs of achieving such emission reduction and any
non-air quality health and environmental impacts and energy requirements
associated with the emission reduction.
(3) The applicant may recommend, and the
director may approve, a specific design, equipment, work practice, operational
standard, or combination thereof, if the director determines that it is not
feasible to prescribe or enforce an emission limitation.
(4) If a federal emission standard has been
proposed pursuant to Sections 112(d) or 112(h) of the Clean Air Act, or if the
United States environmental protection agency has adopted a presumptive MACT
determination for the source category which includes the constructed or
reconstructed source, then the MACT requirements applied to the source shall
have considered those emission limitations and requirements of the proposed
MACT standard or presumptive MACT determination.
(5) Any permit-to-install containing a MACT
determination shall include all monitoring, testing, recordkeeping, and
reporting requirements necessary to ensure initial and ongoing compliance of
the major MACT source with the MACT determination.
(F) Prohibition.
No person may begin actual construction or reconstruction of a
major MACT source until the director has made a MACT determination for that
source and included the requirements of that determination in a final and
effective permit-to-install.
(G) The effective date of the MACT
determination shall be the date of issuance of the permit-to-install.
(H) On and after the date of start-up, a
major MACT source which required a case-by-case MACT determination shall be in
compliance with all the applicable requirements of the MACT determination as
specified in the final permit-to-install.
