DRDB: EDAQMD 526 TOXICS NEW SOURCE REVIEW: FEDERAL CLEAN AIR ACT SECTION 112(g)

EL DORADO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 526 - TOXICS NEW SOURCE REVIEW: FEDERAL CLEAN AIR ACT SECTION 112(g)
(Adopted January 23, 2001)

INDEX

526.1 GENERAL

A. PURPOSE
B. APPLICABILITY
C. EFFECTIVE DATE
D. EXEMPTIONS

526.2 DEFINITIONS

A. BEST AVAILABLE CONTROL TECHNOLOGY FOR TOXICS (T-BACT)
B. CONSTRUCT A MAJOR SOURCE
C. HAZARDOUS AIR POLLUTANTS (HAPs)
D. MAJOR SOURCE OF HAPs
E. POTENTIAL TO EMIT (PTE)
F. RECONSTRUCT A MAJOR SOURCE

526.3 STANDARDS

A. REQUIREMENTS
B. CALCULATION PROCEDURES
C. ADMINISTRATIVE PROCEDURES

526.4 ADMINISTRATIVE REQUIREMENTS

526.1 GENERAL

A. PURPOSE: The purpose of this rule is to require the installation of best available control technology for toxics (T-BACT) at any constructed or reconstructed major source of hazardous air pollutants (HAPs). All T-BACT determinations shall ensure a level of control the Air Pollution Control Officer (APCO) has determined to be , at a minimum, no less stringent than new source maximum achievable control technology (MACT) as required by the federal Clean Air Act (CAA), section 112 (g)(2)(B) and implemented through 40CFR subpart B, sections 63.40-63.44.

B. APPLICABILITY: The requirements of this rule shall apply to all owners or operators that construct or reconstruct a major source of HAPs, unless the major source is exempt pursuant to section 526.1 D.

Compliance with this rule does not relieve any owner or operator of a major source of HAPs from complying with all other District rules or regulations, any applicable State airborne toxic control measure (ATCM), or other applicable State and federal laws.

C. EFFECTIVE DATE: This rule is effective on January 23, 2001.

D. EXEMPTIONS: The provisions of this rule do not apply to:

1. Any major source that is subject to an existing National Emissions Standard (NESHAPs) for HAPs pursuant to sections 112(d), 112(h) or 112(j) of the clean Air Act (CAA);

2. Any major source that has been specifically exempted from regulation under a NESHAP issued pursuant to sections 112(d), 112(h) or 112(j) of the CAA;

3. Any major source that has received all necessary air quality permits for such construction or reconstruction before June 29, 1998;

4. Electric utility steam generating units, excluding natural gas fueled turbines, unless and until such time as these units are added to the source category list pursuant to section 112(c)(5) of the CAA;

5. Any 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 CAA;

6. Research and development activities as defined in 40CFR section 63.41; and

7. Any other stationary source exempted by section 112 of the CAA.

526.2 DEFINITIONS: Unless otherwise defined below, the terms used in this rule are as defined in Rule 523 NEW SOURCE REVIEW.

A. BEST AVAILABLE CONTROL TECHNOLOGY FOR TOXICS (T-BACT): The most effective emissions limitation or control technique which:

1. Has been achieved in practice for such permit unit category or class of sources; or

2. Is any other emissions limitation or control technique, including process and equipment changes of basic and control equipment, found by the Air Pollution Control Officer to be technologically feasible for such a category or class of sources, or for a specific source.

B. CONSTRUCT A MAJOR SOURCE: As defined in 40 CFR section 63.41 Definitions.

C. HAZARDOUS AIR POLLUTANTS (HAPs): Any air pollutant listed in or pursuant to CAA, section 112(b).

D. MAJOR SOURCE OF HAPS: Any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of one hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants.

E. POTENTIAL TO EMIT (PTE): The maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect it would have on emissions are incorporated into the applicable permit as enforceable permit conditions.

F. RECONSTRUCT A MAJOR SOURCE: As defined in 40 CFR section 63.41 Definitions.

526.3 STANDARDS

A. REQUIREMENTS: No person shall construct a major source or reconstruct a major source of HAPs unless the Air Pollution Control Officer determines that the T-BACT requirements of this rule will be met.

1. The installation of best available control technology for toxics (T-BACT) is required at any constructed or reconstructed major source of hazardous air pollutants (HAPs); and

2. That T-BACT determination is required to ensure a level of control that, at a minimum, is no less stringent than new source maximum achievable control technology (MACT) as required by the federal Clean Air Act (CAA), section112(g)(2)(B) and implemented through 40 CFR subpart, sections 63.40-63.44.

B. CALCULATION PROCEDURES: The potential to emit for a source of HAP emissions shall equal the sum of the potentials to emit of the constructed or reconstructed source of HAPs. All fugitive HAP emissions associated with the construction or reconstruction shall be included in the potential to emit determination.

C. ADMINISTRATIVE PROCEDURES: An application for authority to construct a major source or reconstruct a major source of HAPs shall be subject to the administrative procedures contained in District Rule 523 NEW SOURCE REVIEW.

526.4 ADMINISTRATIVE REQUIREMENT: Each determination shall be noticed publicly for review and comment according to procedures listed in Rule 523, Section 523.4 D.