North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1100 - CONTROL OF TOXIC AIR POLLUTANTS › Section 02D .1109 - 112(J) CASE BY CASE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicability. This Rule shall apply only
				  to sources of hazardous air pollutants required to have a permit pursuant to
				  15A NCAC
				  02Q .0500 and as described in
				  40 CFR
				  63.50. This Rule does not apply to research
				  or laboratory activities as defined in Paragraph (b) of this Rule.
(b) Definitions. For the purposes of this
				  Rule, the definitions in 40
				  CFR 63.2,
				  63.51,
				  15A NCAC 02Q .0526, and the
				  following apply:
(1) "Affected source" means
				  the collection of equipment, activities, or both within a single contiguous
				  area and under common control that is in a Section 112(c) source category or
				  subcategory for which the Administrator has failed to promulgate an emission
				  standard by the Section 112(j) deadline, and that is addressed by an applicable
				  MACT emission limitation established pursuant to 40 CFR Part 63 Subpart
				  B.
(2) "Control technology" means
				  measures, processes, methods, systems, or techniques to limit the emission of
				  hazardous air pollutants including measures that:
(A) reduce the quantity or eliminate the
				  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
				  emission point;
(D) are design,
				  equipment, work practice, or operational standards, including requirements for
				  operator training or certification, as provided in
				  42 USC
				  7412(h); or
(E) are a combination of Parts (A) through
				  (D) of this definition.
(3) "EPA" means the United States
				  Environmental Protection Agency or its Administrator.
(4) "Hazardous air pollutant" means any
				  pollutant listed pursuant to Section 112(b) of the federal Clean Air
				  Act.
(5) "MACT" means maximum
				  achievable control technology.
(6)
				  "Maximum achievable control technology" means:
(A) for existing sources,
(i) a MACT standard that EPA has proposed or
				  promulgated for a particular category of facility or source;
(ii) the average emission limitation achieved
				  by the best performing 12 percent of the existing facilities or sources for
				  which EPA has emissions information if the particular category of source
				  contains 30 or more sources; or
(iii) the average emission limitation
				  achieved by the best performing five facilities or sources for which EPA has
				  emissions information if the particular category of source contains fewer than
				  30 sources; or
(B) for
				  new sources, the maximum degree of reduction in emissions that is deemed
				  achievable but not less stringent than the emission control that is achieved in
				  practice by the best controlled similar source.
(7) "MACT floor" means:
(A) for existing sources:
(i) the average emission limitation achieved
				  by the best performing 12 percent of the existing sources for which EPA has
				  emissions information, excluding those sources that have, within 18 months
				  before the emission standard is proposed or within 30 months before such
				  standard is promulgated, whichever is later, first achieved a level of emission
				  rate or emission reduction that complies, or would comply if the source is not
				  subject to such standard, with the lowest achievable emission rate, as defined
				  in Section 171 of the federal Clean Air Act, applicable to the source category
				  or subcategory for categories and subcategories with 30 or more sources;
				  or
(ii) the average emission
				  limitation achieved by the best performing five sources for which EPA has
				  emissions or could reasonably obtain emissions information in the category or
				  subcategory for categories or subcategories with fewer than 30
				  sources;
(B) for new
				  sources, the emission limitation achieved in practice by the best controlled
				  similar source.
(8) "New
				  affected source" means a collection of equipment, activities, or both that was
				  constructed after the issuance of a Section 112(j) permit for the source
				  pursuant to 40 CFR
				  63.52 and is subject to the applicable MACT
				  emission limitation for new sources. Each permit shall define the term "new
				  affected source" that will be the same as the "affected source" unless a
				  different collection is warranted based on consideration of factors including:
(A) the emission reduction impacts of
				  controlling individual sources versus groups of sources;
(B) the cost effectiveness of controlling
				  individual equipment;
(C) the
				  flexibility to accommodate common control strategies;
(D) the cost and benefits of emissions
				  averaging;
(E) the incentives for
				  pollution prevention;
(F) the
				  feasibility and cost of controlling processes that share common equipment such
				  as product recovery devices; and
(G) the feasibility and cost of
				  monitoring.
(9) "New
				  facility" means a facility for which construction is commenced after the
				  Section 112(j) deadline or after the proposal of a relevant standard pursuant
				  to Section 112(d) or (h) of the Federal Clean Air Act, whichever comes
				  first.
(10) "Research or laboratory
				  activities" means activities whose primary purpose is to conduct research and
				  development into new processes and products if the activities are operated
				  under the supervision of technically trained personnel and are not engaged in
				  the manufacture of products for commercial sale in commerce, except in a de
				  minimis manner, and if the source is not in a source category specifically
				  addressing research or laboratory activities that is listed pursuant to Section
				  112(c)(7) of the Clean Air Act.
(11) "Section 112(j) deadline" means the date
				  18 months after the date for which a relevant standard is scheduled to be
				  promulgated pursuant to 40 CFR Part 63, except that for all major sources
				  listed in the source category schedule for which a relevant standard is
				  scheduled to be promulgated by November 15, 1994, the Section 112(j) deadline
				  is November 15, 1996, and for all major sources listed in the source category
				  schedule for which a relevant standard is scheduled to be promulgated by
				  November 15, 1997, the Section 112(j) deadline is December 15, 1999.
(12) "Similar source" means that equipment or
				  collection of equipment that, by virtue of its structure, operability, type of
				  emissions, and volume and concentration of emissions, is substantially
				  equivalent to the new affected source and employs control technology for
				  control of emissions of hazardous air pollutants that is practical for use on
				  the new affected source.