Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.321 - Case-by-case maximum achievable control technology determinations

Current through May 31, 2024
(a)
Purpose
. This section implements EPA
				  requirements for case-by-case maximum achievable control technology (MACT)
				  determinations under 42
				  U.S.C. 7412(g) (Clean Air
				  Act, sec. 112(g) in 40
				  C.F.R. 63.40 -
				  63.44, adopted by reference in
				  18 AAC 50.040.
(b)
Applicability
. This section applies to any
				  owner or operator who constructs or reconstructs a major source of hazardous
				  air pollutants after October 1, 2004, unless the
(1) major source of hazardous air pollutants has been
				  specifically regulated or exempted from regulation by a standard under
				  42 U.S.C.
				  7412(d), (h), or (j) (Clean
				  Air Act secs. 112(d), (h), or (j)), and  40 C.F.R. Part 63, adopted by reference
				  in 18 AAC 50.040; or
(2) stationary source is exempted under (c) of this section.
(c)
Exclusions from this section
. The
				  requirements of this section do not apply to
(1) an electric utility steam generating unit unless, and
				  until such time as that unit is added to the source category list under
				  42 U.S.C.
				  7412(c)(5) (Clean Air Act
				  sec. 112(c)(5));
(2) a stationary source that is within a source category that
				  has been deleted from the source category list under
				  42 U.S.C.
				  7412(c)(9) (Clean Air Act,
				  sec 112(c)(9)); or
(3) research and development activities, as defined in
				  40 C.F.R.
				  63.41.
(d)
Prohibition
. A person subject to this
				  section may not begin actual construction or reconstruction of a major source
				  of hazardous air pollutants unless the department has made a final and
				  effective case-by-case determination under (e) of this section under which
				  emissions from the constructed or reconstructed major source of hazardous air
				  pollutants will be controlled to a level no less stringent than the maximum
				  achievable control technology emission limitation for new sources.
(e)
Procedures for MACT determinations
. To
				  satisfy the requirements of (d) of this section the owner or operator must
				  obtain a notice of MACT approval under the procedures of
				  40 C.F.R.
				  63.43(d) - (m), adopted by
				  reference in
				  18 AAC 50.040. To the extent
				  practicable, the department will coordinate processing of the notice of MACT
				  approval with the processing of any permit that is required for the stationary
				  source or modification under this chapter.
(f)
Definitions
. For purposes of this section,
(1) The definitions of  42 C.F.R. 63.41  are adopted by
				  reference, except that "permitting authority" means the department;
(2) terms used in this section that are not defined in
				  40 C.F.R.
				  63.41 have the meaning given in the Clean Air
				  Act and  40 C.F.R. 63, Subpart A, except that "construction," "emission
				  standard," "hazardous air pollutant," "operator," "owner," "potential to emit,"
				  and "stationary source" have the meanings given in
				  AS
				  46.14.990 and "fugitive emissions" has the
				  meaning given in
				  18 AAC 50.990.
Authority:
AS
					 46.14.010
AS
					 46.14.020