Current through February, 2024
(a) No person shall emit or cause to emit
from any stationary source, hazardous air pollutants in such quantities that
result in, or contribute to, an ambient air concentration which endangers human
health.
(b) The director shall not
approve any application for a permit required by this chapter, for a new major
source of hazardous air pollutants, or for the modification or reconstruction
of any major source of hazardous air pollutants, or for any stationary source
that the director has reason to believe that the emissions of hazardous air
pollutants from the source may result in an unacceptable ambient air
concentration, unless the owner or operator of the source, and except as
provided in subsection {d), complies with one or more of the following:
(1) Demonstrate that the emissions of
hazardous air pollutants from the source will not result in, or contribute to,
any significant ambient air concentrations as defined in subsection (c);
or
(2) Demonstrate that the
applicable significant ambient air concentration in subsection (c) is
inappropriate for the hazardous air pollutant in question and that the
emissions of hazardous air pollutants from the source will not result in, or
contribute to, any ambient air concentration which endangers human health. The
demonstration shall include documented studies or information by recognized
authorities on the specific health effects of such hazardous air pollutants and
a detailed analysis, including a risk assessment, that demonstrates that the
emissions from the sources will not endanger human health.
(c) For purposes of this subchapter,
"significant ambient air concentration of any hazardous air pollutant" shall be
defined as follows:
(1) For any
non-carcinogenic hazardous air pollutant with a TLV-TWA, and except as provided
in subsection (e), any eight-hour average ambient air concentration in excess
of 1/100 of the TLV-TWA, and any annual average ambient air concentration in
excess of 1/420 of the TLV-TWA;
(2)
For any non-carcinogenic hazardous air pollutant not having a TLV-TWA, any
ambient air concentration greater than the concentration which the director
determines to cause, to have the potential to cause, or to contribute to, the
unreasonable endangerment of human health. The determination shall be made on a
case-by-case basis, consider documented studies or information by recognized
authorities on the specific health effects of such hazardous air pollutants,
and include a reasonable margin of safety for the protection of the general
public; or
(3) For any carcinogenic
hazardous air pollutant, any ambient air concentration that may result in an
excess individual lifetime cancer risk of more than ten in one million assuming
continuous exposure for seventy years. The ambient air concentration of a
carcinogenic hazardous air pollutant shall be determined by performing a risk
assessment based on procedures consistent with EPA's risk assessment guidelines
or other alternative risk assessment procedures approved by the
director.
(d) The
emission of any hazardous air pollutants from a stationary source shall be
exempt from the provisions of subsection (b) if:
(1) The total allowable emissions of the
hazardous air pollutant from the stationary source are below 0.1 pounds per
hour; and
(2) The significant
ambient air concentration for the hazardous air pollutant as determined in
accordance with subsection (c) is greater than two hundred
µg/m3 for all applicable averaging
periods.
(e)
Notwithstanding paragraph (c)(1), the director may at any time establish a
lower concentration than the significant ambient air concentration specified in
paragraph (c)(1) if the director determines that such lower concentration is
required for the protection of the public health or welfare.
