Current through Register Vol. 50, No. 9, September 20, 2024
A. Applicability.
The provisions of this Section apply to any owner or operator who constructs or
reconstructs a major source of hazardous air pollutants after June 29, 1998.
The provisions of this Section do not apply to major sources specifically
regulated or exempted from regulation under a standard issued in accordance
with Section 112(d), 112(h), or 112(j) of the Clean Air Act and incorporated in
40 CFR Part 63 or to major sources for which the owner or operator has received
all necessary air quality permits for construction or reconstruction prior to
June 29, 1998.
B. Definitions. The
terms used in this Section have the meaning given to them in LAC 33:III.111 and
5103, the Clean Air Act, and 40 CFR Part 63, Subpart A except for those terms
defined herein as follows.
Affected Source- the stationary source or
group of stationary sources that, when fabricated (on-site), erected, or
installed, meets the definition of construct a major source or
the definition of reconstruct a major source contained in this
Section.
Available Information- for the purposes of
identifying control technology options for the affected source, information
contained in the following information sources as of the date of approval of
the MACT determination by the department:
a. a relevant proposed regulation, including
all supporting information;
b.
background information documents for a draft or proposed regulation;
c. data and information available for the
Control Technology Center developed in accordance with Section 113 of the Clean
Air Act;
d. data and information
contained in the Aerometric Information Retrieval System, including information
in the MACT database;
e. any
additional information that can be expeditiously provided by the administrator;
and
f. for the purpose of
determinations by the department, any additional information provided by the
applicant or others and any additional information considered available by the
department.
Construct a Major Source-
a. to fabricate, erect, or install at any
greenfield site a stationary source or group of stationary sources that is
located within a contiguous area and under common control and that emits, or
has the potential to emit, 10 tons per year of any HAP or 25 tons per year of
any combination of HAPs; or
b. to
fabricate, erect, or install at any developed site a new process or production
unit that in and of itself emits, or has the potential to emit, 10 tons per
year of any HAP or 25 tons per year of any combination of HAPs, unless the
process or production unit satisfies the following criteria:
i. all HAPs emitted by the process or
production unit that would otherwise be controlled under the requirements of
this Section are controlled by emission control equipment that was previously
installed at the same site as the process or production unit;
ii. the department determines:
(a). 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 represents the best available
control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR
Part 51 or 52, toxics-best available control technology (T-BACT), or MACT based
on state air toxics rules for the category of pollutants that includes those
HAPs to be emitted by the process or production unit; or
(b). 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 department 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 department provides notice and an
opportunity for public comment concerning its determination that criteria in
Clauses i-iii of Subparagraph b of this definition apply and concerning the
continued adequacy of any prior BACT, LAER, T-BACT, or state air toxic rule
MACT determination;
v. if any
commentor has asserted that a prior BACT, LAER, T-BACT, or state air toxic rule
MACT determination is no longer adequate, the department shall determine 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 above
determinations by the department are applicable requirements under
Section
504(a) of the
Clean Air Act either have been incorporated into any existing Title V permit
for the affected facility or will be incorporated into such permit upon
issuance.
Control Technology- measures, processes,
methods, systems, or techniques to limit the emissions of HAPs through process
changes, substitution of materials, or other modifications which:
a. reduce the quantity of, or eliminate
emissions of, such pollutant through process changes, substitution of
materials, or other modifications;
b. enclose systems or processes to eliminate
emissions;
c. collect, capture, or
treat such pollutants when released from a process, stack, storage, or fugitive
emissions point;
d. are design,
equipment, work practice, or operational standards (including requirements for
operator training or certification) as provided in
42 U.S.C.
7412(h); or
e. are the combination of Subparagraphs a-d
of this definition.
Electric Utility Steam Generating Units-
any fossil fuel-fired combustion unit, of more than 25 megawatts, that serves a
generator that produces electricity and supplies more than one-third of its
potential electrical output capacity and more than 25 megawatts electrical
output to any utility power distribution system for sale.
Greenfield Site- a contiguous area under
common control that is an undeveloped site.
Hazardous Air Pollutants- any air
pollutants listed in or pursuant to Section 112(b) of the Clean Air Act.
Maximum Achievable Control Technology (MACT)
Emission Limitation for New Sources- the emission limitation that is
not less stringent that the emission limitation achieved in practice by the
best controlled similar source and that reflects the maximum degree of
reduction in emissions that the department, taking into consideration the cost
of achieving such emission reduction and any non-air quality health and
environmental impacts and energy requirements, determines is achievable by the
constructed or reconstructed major source.
Process or Production Unit- any collection
of structures and/or equipment that processes, assembles, applies, or otherwise
uses material inputs to produce or store an intermediate or final product. A
single facility may contain more than one process or production unit.
Reconstruct a Major Source- the replacement
of components at an existing process or production unit that in and of itself
emits, or has that potential to emit, 10 tons per year of any HAP or 25 tons
per year of any combination of HAPs whenever:
a. the fixed capital cost of the new
components exceeds 50 percent 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 maximum
achievable control technology emission limitation for new sources established
under this Subsection.
C. Exemptions and Prohibitions. The
requirements of this Section do not apply to:
1.
electric utility steam generating
units, as defined in LAC 33:III.5103.A;
2. stationary sources that are within a
source category that has been deleted from the source category list in
accordance with Section 112(c)(9) of the Clean Air Act; and
3.
research and development
activities, as defined in Subsection B of this Section.
D. Source Obligation
1. No person may begin actual construction or
reconstruction of a major source of hazardous air pollutants after June 29,
1998, unless the owner or operator obtains or revises a permit issued in
accordance with Louisiana's Part 70 Program (LAC 33:III.507) and follows the
administrative procedures of that program and:
a. the department has made a final and
effective case-by-case determination in accordance with the provisions of this
Section such that emissions from the affected source will be controlled to a
level no less stringent than the MACT emission limitation for new sources;
or
b. the major source in question
is specifically regulated by or exempted from regulation under a standard
issued in accordance with Section 112(d), 112(h), or 112(j) of the Clean Air
Act and incorporated in 40 CFR Part 63 .
2. The owner or operator may request approval
of case-by-case MACT determinations for alternative operating scenarios.
Approval of such data satisfies the requirements of this Section for each such
scenario.
3. The MACT emission
limitation and requirements established shall be effective as required by
Subsection I of this Section, supported by information listed in Subsection E
of this Section and consistent with principles established in Subsection E of
this Section. The owner or operator shall comply with requirements in
Subsections G and J of this Section, and with all applicable requirements in 40
CFR Part 63, Subpart A.
E. Principles of Case-by-Case MACT
Determinations. The following general principles shall govern preparation of
each permit application requiring a case-by-case MACT determination concerning
construction or reconstruction of a major source and all subsequent review of
and actions taken concerning such an application by the department:
1. the MACT emission limitation or MACT
requirements recommended by the applicant and approved by the department shall
not be less stringent than the emission control that is achieved in practice by
the best controlled similar source as determined by the department;
2. based upon available information, the MACT
emission limitation and control technology (including any requirements under
Paragraph E.3 of this Section) recommended by the applicant and approved by the
department shall achieve the maximum degree of reduction in emissions of
hazardous air pollutants that can be achieved by utilizing those control
technologies that can be identified from the available information, taking into
consideration the costs of achieving such emission reduction, any non-air
quality health and environmental impacts, and energy requirements associated
with the emission reduction;
3. the
applicant may recommend a specific design, equipment, work practice,
operational standard, or a combination thereof. The department may approve such
a standard based on these recommendations if the department specifically
determines that it is not feasible to prescribe or enforce an emission
limitation as defined herein; and
4. if the administrator has either proposed a
relevant emission standard in accordance with Section 112(d) of the Clean Air
Act or adopted a presumptive MACT determination for the source category that
includes the constructed or reconstructed major source, then the MACT
requirements applied to the affected source shall have considered those MACT
emission limitations and requirements of the proposed standard or presumptive
MACT determination.
F.
Application Requirements for Case-by-Case MACT Determination
1. The application shall specify a control
technology selected by the owner or operator that, if properly operated and
maintained, will meet the MACT emission limitation or standard as determined by
Subsection E of this Section.
2. In
the event that an affected source would require additional control technology
or a change in control technology, the application for a MACT determination
shall contain the following information:
a.
identifying information, including company name, physical address and mailing
address, facility name and address, if different from the company, a map
showing the location of the facility, owner's and operator's names and agent,
and telephone number and name of plant manager or contact;
b. a brief description of the major source to
be constructed or reconstructed and identification of any listed source
category or categories in which it is included;
c. the expected commencement date for the
affected source;
d. the expected
completion date for the affected source;
e. the anticipated date of start-up for the
affected source;
f. the hazardous
air pollutant emitted by the affected source and the estimated emission rate
for each such hazardous air pollutant, to the extent this information is needed
by the department to determine MACT;
g. any federally enforceable emission
limitations applicable to the affected source;
h. the maximum and expected utilization of
capacity of the affected source, to the extent this information is needed by
the department to determine MACT;
i. the controlled emissions for the affected
source in tons per year at expected and maximum utilization of capacity, to the
extent this information is needed by the department to determine
MACT;
j. a recommended emission
limitation for the affected source consistent with the principles set forth in
Subsection E of this Section;
k.
the selected control technology to meet the recommended MACT emission
limitation, including technical information on the design, operation, size, and
estimated control efficiency of the control technology (and the manufacturer's
name, address, telephone number, and relevant specifications and drawings, if
requested by the department);
l.
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 environmental impacts or energy
requirements for the selected control technology; and
m. any other relevant information required in
accordance with 40 CFR Part 63, Subpart A.
3. In the event that an affected source will
be in compliance, upon start-up, with the case-by-case MACT provisions in
accordance with this Section without a change in control technology, the
application for a MACT determination shall also contain documentation of the
control technology in place.
H. Requirement for Affected Source Subject to
a Subsequently Promulgated MACT Standard or MACT Requirement
1. If the administrator promulgates an
emission standard under Section 112(h) of the Clean Air Act or the department
issues a determination under Section 112(j) of the federal Clean Air Act that
is applicable to a stationary source or group of sources that would be deemed
to be an affected source under this Section before the date that the owner or
operator has obtained a final and legally effective MACT determination in
accordance with this Section, the owner or operator of the source(s) shall
comply with the promulgated standard or determination rather than any MACT
determination in accordance with this Section and the owner or operator shall
comply with the promulgated standard by the compliance date in the promulgated
standard.
2. If the administrator
promulgates an emission standard under Section 112(d) of the Clean Air Act or
the department makes a determination under Section 112(j) of the Clean Air Act
that is applicable to a stationary source or group of sources that was deemed
to be an affected source under this Section and has been subject to a prior
case-by-case MACT determination in accordance with this Section and the owner
or operator obtained a final and legally effective case-by-case MACT
determination prior to the promulgation date of such emission standard, then
the department shall issue an initial operating permit that incorporates the
emission standard or determination or revise the operating permit according to
the reopening procedures in LAC 33:III.529, whichever is relevant, to
incorporate the emission standard or determination.
a. The EPA may include in the emission
standard established under Section 112(h) of the Clean Air Act a specific
compliance date for those sources that have obtained a final and legally
effective MACT determination in accordance with this Section and that have
submitted the information required by this Section to the EPA before the close
of the public comment period for the standards established under Section 112(d)
of the Clean Air Act. Such date shall assure that the owner or operator shall
comply with the promulgated standard as expeditiously as practicable, but not
longer than eight years after such standard is promulgated. In that event, the
department shall incorporate the applicable compliance date in the Part 70
permit.
b. If no compliance date
has been established in the promulgated Section 112(d) standard or Section
112(j) determination of the Clean Air Act, for those sources that have obtained
a final and legally effective MACT determination in accordance with this
Section, then the department shall establish a compliance date in the permit
that assures that the owner or operator shall comply with the promulgated
standard or determination as expeditiously as practicable, but not longer than
eight years after such standard is promulgated or a Section 112(j)
determination is made.
3. Notwithstanding the requirements of
Paragraphs H.1 and 2 of this Section, if the administrator promulgates an
emission standard under Section 112(d) of the Clean Air Act or the department
issues a determination under Section 112(j) of the Clean Air Act that is
applicable to a stationary source or group of sources that was deemed to be an
affected source under this Section and that is the subject of a prior
case-by-case MACT determination in accordance with this Section, and the level
of control required by the emission standard issued under Section 112(d) or the
determination issued under Section 112(j) is less stringent than the level of
control required by any emission limitation or standard in the prior MACT
determination, the department is not required to incorporate any less stringent
terms of the promulgated standard in the Part 70 permit applicable to such
source(s) and may in its discretion consider any more stringent provisions of
the prior MACT determination to be applicable legal requirements when issuing
or revising such an operating permit.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 and
2060.
