Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.35 - Maximum achievable control technology standards for hazardous air pollutants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						section establishes the process that the Department will follow in establishing
						maximum achievable control technology standards in plan approvals.
(b) The regulations establishing performance
						or emission standards promulgated under section 112 of the Clean Air Act
						(42 U.S.C.A. §
													7412) at 40 CFR Part 63 (relating to National
						Emission Standards for Hazardous Air Pollutants for Source Categories) are
						incorporated by reference into the Department's plan approval program. After
						the effective date of the performance or emission standard, new, reconstructed,
						modified and existing sources shall comply with the performance or emission
						standards pursuant to the compliance schedule established under section 112 of
						the Clean Air Act and the regulations thereunder.
(c) If the Administrator of the EPA has not
						promulgated a standard to control the emissions of hazardous air pollutants for
						a category or subcategory of major stationary sources under section 112 of the
						Clean Air Act pursuant to the schedule established under section 112(c) of the
						Clean Air Act, the Department will establish a performance or emission standard
						on a case-by-case basis for individual sources or a category of sources for
						those major stationary sources.
(d)
						The Department will establish performance or emission standards as required by
						section 112(g) of the Clean Air Act for the construction, reconstruction or
						modification of sources.
(e) The
						standards established under this section will be incorporated into the plan
						approval of each source within the category or subcategory for which a maximum
						achievable control technology requirement has been established. The Department
						has the authority to require, in the plan approval, reasonable monitoring,
						recordkeeping and reporting requirements for sources which emit hazardous air
						pollutants.
(f) A person
						challenging the performance or emission standards established by the Department
						has the burden to demonstrate that the performance or emission standard does
						not meet the requirements of section 112 of the Clean Air Act.
(g) In addition to the requirements of this
						section, the Department is authorized to require that new sources demonstrate
						in the plan approval application that the source will reduce or control
						emissions of air pollutants, including hazardous air pollutants, by using best
						available technology.
(h) The early
						emissions reduction program authorized under section 112(i)(5) of the Clean Air
						Act is incorporated by reference into the Department's plan approval and
						operating permit program.
This section cited in 25 Pa. Code §
														127.450 (relating to
							 administrative operating permit amendments); and 25 Pa. Code §
														127.702 (relating to plan approval
							 fees).