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

Current through July 13, 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.