Current through Register Vol. 43, No. 39, September 26, 2024
(a) Applicability.
(1) For the purpose of this regulation,
40 C.F.R. §
63.40, as in effect as of July 1, 1997 is
adopted by reference.
(2) Except
as otherwise provided by 40
C.F.R. §
63.40(c), (e), and
(f), this regulation shall apply to the owner
or operator of each proposed new major source of hazardous air pollutants
(HAPs) and the owner or operator of each existing major source of hazardous air
pollutants for which reconstruction is proposed.
(b) Definitions.
(1) For the purposes of this regulation,
40 C.F.R. §
63.41, as in effect as of July 1, 1997, is
adopted by reference.
(2)
"Case-by-case MACT determination" means a determination pursuant to the
provisions of subsection (d) of this regulation so that emissions of HAPs from
the constructed or reconstructed source will be controlled to a level no less
stringent than the maximum achievable control technology, or "MACT", emission
limitation for new sources.
(c) Prohibition. After the effective date of
this regulation, the owner or operator shall not begin actual construction or
reconstruction of a major source of HAP unless the conditions of both
paragraphs (1) and (2) of this subsection are met:
(1) The owner or operator has fully complied
with all requirements of the construction permit program, K.A.R. 28-19-300, et
seq. for preconstruction review, including applicable requirements of section
(d) of this regulation, and of subpart A of 40 C.F.R. part 63 as adopted by
K.A.R. 28-19-750.
(2)
(A) The major source category has been
specifically regulated or exempted from regulation under a standard issued in
40 C.F.R. part 63 pursuant to 42 U.S.C. § 7412(d), 42 U.S.C. §
7412(h), or 42 U.S.C. § 7412(j); or
(B) The owner or operator of the source has
applied to the department through the preconstruction review process of K.A.R.
28-19-300, et seq., as required by paragraph (1) of this subsection for, and
received from the department a final and effective case-by-case MACT
determination pursuant to the provisions of subsection (d) of this regulation
so that emissions of HAPs from the constructed or reconstructed source will be
controlled to a level no less stringent than the maximum achievable control
technology emission limitation for new sources.
(d) Requirements. The owner or
operator of a source subject to this regulation shall apply for the
construction permit under 28-19-300, et seq. and comply with the provisions of
40 C.F.R.
§63.43, as in effect as of July 1, 1997,
which are adopted by reference, except for the following subsections of
40 C.F.R. §
63.43:
(1)
40 C.F.R. §
63.43(h)(1); and
(2)
40 C.F.R. §
63.43(i).
(e) Requirements for constructed
or reconstructed major sources subject to subsequently adopted MACT standard or
MACT requirement. The owner or operator of each major source subject to this
regulation shall comply with the applicable provisions of
40 C.F.R. §
63.44, in effect as of July 1, 1997, which is
adopted by reference.
