Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0002 - Air Quality
Chapter 6 - Permitting Requirements
Section 6-6 - Permit requirements for case-by-case maximum achievable control technology (MACT) determination
Universal Citation: WY Code of Rules 6-6
Current through September 21, 2024
(a) Applicability. The requirements of this section carry out section 112(g)(2)(B) of the Clean Air Act, as amended in 1990.
(b) Overall Requirements. The requirements of this section apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after the effective date of this section unless the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), section 112(h), or section 112(j) and incorporated in 40 CFR part 63 or Chapter 5, Section 3, or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before the effective date of this section.
(c) Exclusion for Electric Utility Steam Generating Units. The requirements of this section do not apply to electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to section 112(c)(5) of the Act.
(d) Exclusion for Stationary Sources in Deleted Source Categories. The requirements of this section do not apply to stationary sources that are within a source category that has been deleted from the source category list pursuant to section 112(c)(9) of the Act.
(e) Exclusion for Research and Development Activities. The requirements of this section do not apply to research and development activities, as defined in Chapter 6, Section 6(f)(xiii).
(f) Definitions:
Terms used in this section that are not defined in this section have the meaning given to them in the Act and in Chapter 5, Section 3.
(i)
"Affected
source" means the stationary source or group of stationary
sources which, 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.
(ii)
"Affected
States" are all States:
(A)
Whose air quality may be affected and that are contiguous to the State of
Wyoming where a MACT determination is made in accordance with this Section;
or
(B) Whose air quality may be
affected and that are within 50 miles of the major source for which a MACT
determination is made in accordance with this section.
(iii)
"Available
information" means, for 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 Division:
(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 EPA Control Technology Center developed
pursuant to section 113 of the Act;
(D) Data and information contained in the EPA
Aerometric Informational Retrieval System including information in the MACT
data base;
(E) Any additional
information that can be expeditiously provided by EPA; and
(F) For the purpose of determinations by the
Division, any additional information provided by the applicant or others, and
any additional information considered available by the Division.
(iv)
"Construct a
major source" means:
(A) To
Fabricate, erect, or install at any greenfield site a stationary source or
group of stationary sources which is located within a contiguous area and under
common control and which emits or has the potential to emit 10 tons per year of
any HAPs or 25 tons per year of any combination of HAP, or
(B) To fabricate, erect, or install at any
developed site a new process or production unit which 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 HAP, unless the process or production unit satisfies
criteria in paragraphs (B)(I) through (VI) of this definition.
(I) All HAP emitted by the process or
production unit that would otherwise be controlled under the requirements of
this section will be controlled by emission control equipment which was
previously installed at the same site as the process or production
unit;
(II)
(1.) The Division has determined within a
period of 5 years prior to the fabrication, erection, or installation of the
process or production unit that the existing emission control equipment
represented best available control technology (BACT), toxics-best available
control technology (T-BACT), under Chapter 6, Section 2, or MACT based on State
air toxic rules for the category of pollutants which includes those HAPs to be
emitted by the process or production unit; or
(2.) The Division determines 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, T-BACT, or State air toxic rule MACT determination);
(III) The Division 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 Division has provided notice and an
opportunity for public comment concerning its determination that criteria in
paragraphs (B)(I), (B)(II), and (B)(III) of this definition apply and
concerning the continued adequacy of any prior BACT, T-BACT, or State air toxic
rule MACT determination;
(V) If any
commenter has asserted that a prior BACT, T-BACT, or State air toxic rule MACT
determination is no longer adequate, the Division has determined 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 Division are applicable requirements under Chapter 6, Section 3 and
either have been incorporated into any existing operating permit for the
affected facility or will be incorporated into such permit upon
issuance.
(v)
"Control technology" means measures, processes,
methods, systems, or techniques to limit the emission of hazardous air
pollutants through process changes, substitution of materials or other
modifications;
(A) Reduce the quantity of, or
eliminate emissions of, such pollutants 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 a combination of paragraphs (A)
through (D) of this definition.
(vi)
"Electric utility steam
generating unit" means any fossil fuel fired combustion unit of
more than 25 megawatts that serves a generator that produces electricity for
sale. A unit that co-generates steam and electricity and supplies more than
one-third of its potential electric output capacity and more than 25 megawatts
electric output to any utility power distribution system for sale shall be
considered an electric utility steam generating unit.
(vii)
"Greenfield
site" means a contiguous area under common control that is an
undeveloped site.
(viii)
"List of Source Categories" means the Source
Category List required by section 112(c) of the Act.
(ix)
"Maximum achievable
control technology (MACT) emission limitation for new sources"
means the emission limitation which is not less stringent than the emission
limitation achieved in practice by the best controlled similar source, and
which reflects the maximum degree of reduction in emissions that the Division,
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.
(x)
"Notice
of MACT Approval" means a Chapter 6, Section 2 permit issued by
a Division containing all federally enforceable conditions necessary to enforce
the application and operation of MACT or other control technologies such that
the MACT emission limitation is met.
(xi)
"Process or production
unit" means 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.
(xii)
"Reconstruct a major
source" means the replacement of components at an existing
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 HAP,
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 section.
(xiii)
"Research and
development activities" means activities conducted at a
research or laboratory facility whose primary purpose is to conduct research
and development into new processes and products, where such source is operated
under the close supervision of technically trained personnel and is not engaged
in the manufacture of products for sale or exchange for commercial profit,
except in a de minimis manner.
(xiv)
"Similar
source" means a stationary source or process that has
comparable emissions and is structurally similar in design and capacity to a
constructed or reconstructed major source such that the source could be
controlled using the same control technology.
(g) Prohibition. After the effective date of this section no person may begin actual construction or reconstruction of a major source of HAP unless:
(i) The major
source in question has been specifically regulated or exempted from regulation
under a standard issued pursuant to section 112(d), section 112(h) or section
112(j) in 40 CFR part 63 , and the owner and operator has fully complied with
all procedures and requirements for preconstruction review established by that
standard, including any applicable requirements set forth in Chapter 5, Section
3; or
(ii) The Division has made a
final and effective case-by-case determination pursuant to the provisions of
Chapter 6, Section 6(h) such that emissions from the constructed or
reconstructed major source will be controlled to a level no less stringent than
the maximum achievable control technology emission limitation for new
sources.
(h) Maximum Achievable Control Technology (MACT) Determinations for Constructed and Reconstructed Major Sources.
(i)
Applicability. The requirements of this section apply to an owner or operator
who constructs or reconstructs a major source of HAP subject to a case-by-case
determination of maximum achievable control technology pursuant to Chapter 6,
Section 6(g).
(ii) Requirements for
Constructed and Reconstructed Major Sources. When a case-by-case determination
of MACT is required by Chapter 6, Section 6(g), the owner and operator shall
obtain from the Division an approved MACT determination in conjunction with the
required Chapter 6, Section 2 permit according to the requirements listed in
Chapter 6, Section 6(h)(iv).
(iii)
Principles of MACT Determinations. The following general principles shall
govern preparation by the owner or operator of each permit application or other
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 Division:
(A) The MACT emission limitation or MACT
requirements recommended by the applicant and approved by the Division shall
not be less stringent than the emission control which is achieved in practice
by the best controlled similar source, as determined by the Division.
(B) Based upon available information, as
defined in this section, the MACT emission limitation and control technology
(including any requirements under Chapter 6, Section 6(h)(iii)(C)) recommended
by the applicant and approved by the Division shall achieve the maximum degree
of reduction in emissions of HAP which 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 and
any non-air quality health and environmental impacts and energy requirements
associated with the emission reduction.
(C) The applicant may recommend a specific
design, equipment, work practice, or operational standard, or a combination
thereof, and the Division may approve such a standard if the Division
specifically determines that it is not feasible to prescribe or enforce an
emission limitation under the criteria set forth in section 112(h)(2) of the
Act.
(D) If EPA has either proposed
a relevant emission standard pursuant to section 112(d) or section 112(h) of
the Act or adopted a presumptive MACT determination for the source category
which includes the constructed or reconstructed major source, then the MACT
requirements applied to the constructed or reconstructed major source shall
have considered those MACT emission limitations and requirements of the
proposed standard or presumptive MACT determination.
(iv) Application Requirements for a
Case-By-Case MACT Determination.
(A) An
application for a MACT determination, in conjunction with an application for a
permit pursuant to Chapter 6, Section 2, 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 according to
the principles set forth in Chapter 6, Section 6(h)(iii).
(B) In each instance where a constructed or
reconstructed major source would require additional control technology or a
change in control technology, the application for a MACT determination shall
contain the following information:
(I) The
name and address (physical location) of the major source to be constructed or
reconstructed;
(II) 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;
(III) The expected
commencement date for the construction or reconstruction of the major
source;
(IV) The expected
completion date for construction or reconstruction of the major
source;
(V) The anticipated date of
start-up for the constructed or reconstructed major source;
(VI) The HAP emitted by the constructed or
reconstructed major source, and the estimated emission rate for each such HAP,
to the extent this information is needed by the Division to determine
MACT;
(VII) Any federally
enforceable emission limitations applicable to the constructed or reconstructed
major source;
(VIII) The maximum
and expected utilization of capacity of the constructed or reconstructed major
source, and the associated uncontrolled emission rates for that source, to the
extent this information is needed by the Division to determine MACT;
(IX) The controlled emissions for the
constructed or reconstructed major source in tons/yr at expected and maximum
utilization of capacity, to the extent this information is needed by the
Division to determine MACT;
(X) A
recommended emission limitation for the constructed or reconstructed major
source consistent with the principles set forth in paragraph (iii) of this
section;
(XI) The selected control
technology to meet the recommended MACT emission limitation, including
technical information on the design, operation, size, estimated control
efficiency of the control technology (and the manufacturer's name, address,
telephone number, and relevant specifications and drawings, if requested by the
Division);
(XII) 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
(XIII) Any other relevant information
required pursuant to Section 33.
(C) In each instance where the owner or
operator contends that a constructed or reconstructed major source will be in
compliance, upon startup, with case-by-case MACT under this section without a
change in control technology, the application for a MACT determination shall
contain the following information:
(I) The
information described in Chapter 6, Section 6(h)(iv)(B)(I) through (iv)(B)(X);
and
(II) Documentation of the
control technology in place.
(v) Administrative Procedures for Review of
the Notice of MACT Approval.
(A) The
administrative procedures for review shall follow the procedures specified in
Chapter 6, Section 2(g) for the permit review and approval or denial
process.
(vi) Notice of
MACT Approval.
(A) The Notice of MACT Approval
will contain a MACT emission limitation (or a MACT work practice standard if
the Division determines it is not feasible to prescribe or enforce an emission
standard) to control the emissions of HAP. The MACT emission limitation or
standard will be determined by the Division and will conform to the principles
set forth in Chapter 6, Section 6(h)(iii) of this section.
(B) The Notice of MACT Approval will specify
any notification, operation and maintenance, performance testing, monitoring,
reporting and recordkeeping requirements. The Notice of MACT Approval shall
include:
(I) In addition to the MACT emission
limitation or MACT work practice standard established under this section,
additional emission limits, production limits, operational limits or other
terms and conditions necessary to ensure Federal enforceability of the MACT
emission limitation;
(II)
Compliance certifications, testing, monitoring, reporting and recordkeeping
requirements that are consistent with the requirements of Chapter 6, Section
3(h);
(III) In accordance with
section 114(a)(3) of the Act, monitoring shall be capable of demonstrating
continuous compliance during the applicable reporting period. Such monitoring
data shall be of sufficient quality to be used as a basis for enforcing all
applicable requirements established under this section, including emission
limitations;
(IV) A statement
requiring the owner or operator to comply with all applicable requirements
contained in Chapter 5, Section 3.
(C) All provisions contained in the Notice of
MACT Approval shall be federally enforceable upon the effective date of
issuance of such notice, as provided by Chapter 6, Section 6(h)(ix).
(D) The Notice of MACT Approval shall expire
if construction or reconstruction has not commenced within 18 months of
issuance, unless the Division has granted an extension which shall not exceed
an additional 12 months.
(vii) Opportunity for Public Comment on the
Notice of MACT Approval.
(A) The opportunity
for public comment shall follow the procedures specified in Chapter 6, Section
2(m) for the permit review and approval process.
(viii) EPA Notification. The Division shall
send a copy of the final Notice of MACT Approval issued pursuant to Chapter 6,
Section 2 and this section to the EPA through the appropriate Regional Office,
and to all other State and local air pollution control agencies having
jurisdiction in affected States.
(ix) Effective Date. The effective date of a
MACT determination shall be the date of issuance of the Chapter 6, Section 2
permit to construct or reconstruct.
(x) Compliance Date. On and after the date of
start-up, a constructed or reconstructed major source which is subject to the
requirements of this section shall be in compliance with all applicable
requirements specified in the MACT determination.
(xi) Compliance With MACT Determinations.
(A) An owner or operator of a constructed or
reconstructed major source that is subject to a MACT determination shall comply
with all requirements in the final Notice of MACT Approval, including but not
limited to any MACT emission limitation or MACT work practice standard, and any
notification, operation and maintenance, performance testing, monitoring,
reporting, and recordkeeping requirements.
(B) An owner or operator of a constructed or
reconstructed major source which has obtained a MACT determination shall be
deemed to be in compliance with Chapter 6, Section 6(g) only to the extent that
the constructed or reconstructed major source is in compliance with all
requirements set forth in the final Notice of MACT Approval issued pursuant to
Chapter 6, Section 2 and this section. Any violation of such requirements by
the owner or operator shall be deemed by the Division and by EPA to be a
violation of the prohibition on construction or reconstruction in Chapter 6,
Section 6(g) for whatever period the owner or operator is determined to be in
violation of such requirements, and shall subject the owner or operator to
appropriate enforcement action.
(xii) Reporting to EPA. Within 60 days of the
issuance of a final Notice of MACT Approval issued pursuant to Chapter 6,
Section 2 and this section, the Division shall provide a copy of such notice to
the Administrator, and shall provide a summary in a compatible electronic
format for inclusion in the MACT data base.
(i) Requirements for Constructed or Reconstructed Major Sources Subject to a Subsequently Promulgated MACT Standard or MACT Requirement.
(i) If EPA promulgates an
emission standard under section 112(d) or section 112(h) of the Act or the
Division issues a determination under section 112(j) of the Act that is
applicable to a stationary source or group of sources which would be deemed to
be a constructed or reconstructed major source under this section before the
date that the owner or operator has obtained a final and legally effective MACT
determination pursuant to Chapter 6, Section 6(h), the owner or operator of the
source(s) shall comply with the promulgated standard or determination rather
than any MACT determination under this section by the Division, and the owner
or operator shall comply with the promulgated standard by the compliance date
in the promulgated standard.
(ii)
If EPA promulgates an emission standard under section 112(d) or section 112(h)
of the Act or the Division makes a determination under section 112(j) of the
Act that is applicable to a stationary source or group of sources which was
deemed to be a constructed or reconstructed major source under this section and
has been subject to a prior case-by-case MACT determination pursuant to Chapter
6, Section 6(h), and the owner and operator obtained a final and legally
effective case-by-case MACT determination prior to the promulgation date of
such emission standard, then the Division shall (if the initial operating
permit has not yet been issued) issue an initial operating permit which
incorporates the emission standard or determination, or shall (if the initial
operating permit has been issued) revise the operating permit according to the
reopening procedures in Chapter 6, Section 3(d)(vii) to incorporate the
emission standard or determination.
(A) The
EPA may include in the emission standard established under section 112(d) or
section 112(h) of the Act a specific compliance date for those sources which
have obtained a final and legally effective MACT determination under this
section and which have submitted the information required by Chapter 6, Section
6(h) to the EPA before the close of the public comment period for the standard
established under section 112(d) of the Act. Such date shall assure that the
owner or operator shall comply with the promulgated standard as expeditiously
as practicable, but not longer than 8 years after such standard is promulgated.
In that event, the Division shall incorporate the applicable compliance date in
the Chapter 6, Section 3 operating permit.
(B) If no compliance date has been
established in the promulgated 112(d) or 112(h) standard or section 112(j)
determination, for those sources which have obtained a final and legally
effective MACT determination under this section, then the Division shall
establish a compliance date in the Chapter 6, Section 3 operating permit that
assures that the owner or operator shall comply with the promulgated standard
or determination as expeditiously as practicable, but not longer than 8 years
after such standard is promulgated or a section 112(j) determination is
made.
(iii)
Notwithstanding the requirements of paragraphs (i) and (ii) of this section, if
EPA promulgates an emission standard under section 112(d) or section 112(h) of
the Act or the Division issues a determination under section 112(j) of the Act
that is applicable to a stationary source or group of sources which was deemed
to be a constructed or reconstructed major source under this section and which
is the subject of a prior case-by-case MACT determination pursuant to
subsection (h), and the level of control required by the emission standard
issued under section 112(d) or section 112(h) 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 Division
is not required to incorporate any less stringent terms of the promulgated
standard in the Chapter 6, Section 3 operating 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.
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