Current through March 20, 2024
001.01 Construction
Allowed Prior to Obtaining a Permit. A pre-construction notification may be
submitted by sources not subject to review under Chapter 3 Section 004, Chapter
4, or Chapter 13 Section 004.03 of this Title, or sources seeking federally
enforceable permit restrictions to avoid review under Chapter 3 Section 004,
Chapter 4, or Chapter 13 Section 004.03. Such sources may initiate construction
prior to issuance of the construction permit by the Director, provided the
Department has received a complete application for a construction permit; and
the source has submitted the pre-construction notification to the Department at
least thirty (30) working days prior to initiating construction. In no case
will the applicant be allowed to hook up the equipment to the exhaust stack or
operate the equipment in any way that may emit any pollutant prior to receiving
a construction permit.
001.01A A complete
notification for pre-construction activities includes:
001.01A1 The applicant's full acceptance and
knowledge of all liability associated with the possibility of denial of the
permit application;
001.01A2 A
waiver of any state liability, that must be signed by a responsible official
for the source; and
001.01A3 A
complete list of the construction-related activities to be
undertaken.
001.01B The
activities will not be allowed if the start of actual construction has
occurred; and/or an application for permit approval under this rule has not
been filed.
001.02
Additional Pre-construction Requirements.
001.02A Cease Construction. The applicant
must cease construction if the Department determines construction,
reconstruction or modification of the source will interfere with the attainment
or maintenance of the NAAQS or will result in a violation of a control strategy
as approved pursuant to 40 CFR Part 51, Subpart G.
001.02B Modification. The applicant will be
required to make any changes or modifications to the source imposed in the
issued construction permit.
001.02C
Notification of Construction. The applicant must notify the Department of the
date that actual construction or reconstruction activities started. All
notifications shall be submitted to the Department in writing no later than
thirty (30) days after construction or reconstruction started.
001.03 Except as provided in this
Chapter or Chapters 4 or 8 of Title 129, or other applicable state and federal
regulations, no person will cause the construction, reconstruction, or
modification at any of the following without a construction permit issued by
the Department.
001.03A Any stationary source
or emission unit, such that there is a net increase in potential emissions at
the stationary source equal to or exceeding the following levels:
001.03A1 Fifteen (15) tpy of
PM10 emissions.
001.03A2 Ten (10) tpy of
PM2.5 emissions.
001.03A3 Forty (40) tpy of sulfur dioxide
(SO2) or sulfur trioxide (SO3),
or any combination of the two.
001.03A4 Forty (40) tpy of oxides of nitrogen
(calculated as NO2).
001.03A5 Forty (40) tpy of volatile organic
compounds (VOC).
001.03A6 One
hundred (100) tpy of carbon monoxide (CO).
001.03A7 Six-tenths (0.6) tpy of
lead.
001.03A8 Two and one-half
(2.5) tpy of any hazardous air pollutant or an aggregate of ten (10) tpy of any
hazardous air pollutants, including all associated fugitive emissions (see
Chapter 13).
001.03B Any
incinerator used for refuse disposal or for the processing of salvageable
materials except refuse incinerators located on residential premises containing
five or less dwelling units used only for the disposal of residential waste
generated on the said property.
001.04 When determining applicability under
001.03A above, sources belonging to one of the source categories found in 40
CFR § 52.21(b)(1)(iii) will include fugitive emissions.
001.05 Where a permit is not explicitly
required for a source, the owner or operator may apply for a construction
permit for one of more of the following purposes:
001.05A To establish enforceable limits to
avoid otherwise applicable requirements under the provisions of Title
129.
001.05B To revise existing
construction permits to incorporate significant permit revisions as defined in
Chapter 9.
001.05C To establish a
PAL pursuant to the provisions of Chapter 4 of Title 129. The construction
permit used to establish a PAL will include the information and conditions
listed in Chapter 4.
001.05D To
establish a Best Available Retrofit Technology (BART) permit or other permit
required to reduce visibility impairment in a Class I Federal area as described
in 40 CFR § 81.400, pursuant to the visibility protection provisions of
Chapter 2. Administrator, as used in 40 CFR § 81.400, means Administrator
of EPA.
001.06 Sources
not subject to provisions of this Chapter may still be required to obtain a
Prevention of Significant Deterioration (PSD) permit pursuant to provisions in
Chapter 4.
