| (a) The Kiln Scrubber Stack (EPN E3-1) and the associated
lightweight aggregate kiln must emit all exhaust gases through a stack
that is at least 36.576 meters tall and must be located within a rectangle
designated as having its corners at Universal Transverse Mercator
(UTM) coordinates UTM East Meters 750646.0 and UTM North Meters 3533975.0,
UTM East Meters 750676.0 and UTM North Meters 3533975.0, UTM East
Meters 750646.0 and UTM North Meters 3533955.0, and UTM East Meters
750676.0 and UTM North Meters 3533955.0, in UTM Zone 14. A bypass
to the lightweight aggregate kiln or its control device may not be
installed unless it vents through this stack.
(b) Emissions from the Kiln Scrubber Stack (EPN E3-1)
may not exceed 222.00 pounds per hour (lb/hr) sulfur dioxide, the
temperature of the exhaust gas exiting from the stack may not fall
below 117 degrees Fahrenheit, and the velocity of the exhaust gas
exiting from the stack may not drop below 42.5 feet per second.
(c) The owner or operator may request an alternate
means of control (AMOC) as follows:
(1) Permitting Requirements. Compliance with this subsection
does not relieve any owner or operator of the responsibility to comply
with the requirements of §116.110 or §116.151 of this title
(relating to Applicability and New Major Source or Major Modification
in Nonattainment Area Other Than Ozone, respectively) with respect
to the new construction or modification of sources that may emit SO2 into the air of this state.
(2) Availability of AMOC.
(A) The owner or operator of any site subject to a
control requirement in this subchapter may request approval of an
AMOC plan using the procedures established in this subsection. The
executive director shall review a submitted AMOC and may approve the
AMOC plan if it is demonstrated that the plan meets all applicable
criteria and procedures of this subsection. The owner or operator
who submits an AMOC plan not satisfying the requirements of this section
may apply for a site-specific state implementation plan revision approved
by the executive director and the United States Environmental Protection
Agency (EPA).
(B) Application for an AMOC plan does not stay enforcement
of regulations in this subchapter.
(C) Any violation of an AMOC plan will be subject to
enforcement action as a violation of this subchapter.
(3) Criteria for Approval of AMOC Plans. An AMOC plan
may be approved if it meets each of the following criteria, as applicable.
(A) Except as provided for in paragraph (8) of this
subsection, all sources covered by the AMOC plan must be and remain
at the same site.
(B) If the AMOC plan includes an increase in the lb/hr
emission limit for a source subject to the control requirements in
this subchapter, the AMOC plan must also include an equivalent decrease
in the lb/hr emission limit for one or more sources subject to the
control of this subchapter.
(C) The AMOC application must include a demonstration
that satisfies the following requirements.
(i) The modeled impacts of all sources affected by
the AMOC plan demonstrate no net increase in ground-level concentration,
which for purposes of this subparagraph means no net increase in modeled
off-property concentration of SO2, on
a highest, first-high basis, at any receptor, i ,
in excess of the lesser of:
(I) GLCcrit,i
, as defined in the following equation; or
Attached Graphic
(II) an applicable significant impact level for the
one-hour National Ambient Air Quality Standard for SO2.
(ii) Except where otherwise provided in this subsection,
the demonstration required under this paragraph must be by means of
applicable air quality models, databases, and other requirements specified
in Appendix W to 40 CFR §51.1 and what was used in the modeling
for the corresponding SIP revision.
(D) The AMOC must be implemented and reductions created
after the effective date of this rule.
(E) The AMOC plan must establish control requirements
and monitoring, testing, recordkeeping, and reporting requirements
consistent with and no less stringent than the applicable requirements
of this subchapter for all sources in the plan that render the proposed
control requirements enforceable.
(4) Procedures for AMOC Plan Submittal.
(A) The owner or operator requesting an AMOC plan shall
submit a proposed AMOC plan and demonstration to the executive director;
copies of such plan and demonstration must also be submitted to the
appropriate regional office, any local air pollution control program
with jurisdiction over the site affected by the AMOC plan, and copies
to the EPA regional office.
(B) The proposed AMOC plan must include the following
information:
(i) the AMOC applicant name with mailing address, site
name with physical address, regulated entity number, and contact person
including address and telephone number;
(ii) an identification and a description of the sources
involved in the AMOC plan including any applicable air permit numbers,
plot plans, detailed flow diagrams, emission point numbers (EPNs),
and facility identification numbers (FINs); an identification of the
provisions of this subchapter that are applicable to such sources;
an identification of promulgated provisions of this subchapter that
will be applicable to such sources; and a description of normal operating
conditions for each source causing emissions;
(iii) control requirements, which must be established
for each source to make emission limits enforceable, to be applicable
to each source affected by the proposed AMOC plan;
(iv) a demonstration that the AMOC plan satisfies each
applicable requirement of paragraph (3) of this subsection;
(v) a list containing the name, address, and telephone
number of any air pollution control program with jurisdiction over
the site affected by the AMOC plan; and
(vi) any other relevant information necessary to evaluate
the merits and enforceability of the AMOC plan, as may be requested
by the executive director.
(C) All representations with regard to the AMOC plan,
as well as any provisions attached to the AMOC plan, become conditions
upon which the subsequent AMOC plan is issued. If the AMOC plan is
approved by the executive director and the EPA, the owner or operator
may not vary from such representation or provision if the change will
cause a change in the method of control of emissions, the character
of the emissions, or will result in an increase in the discharge of
the various emissions. If the AMOC plan is approved by the executive
director and the EPA, the owner or operator may not vary from the
emission limits, control requirements, monitoring, testing, reporting,
or recordkeeping requirements of an approved AMOC plan.
(D) Applications to amend or revise an AMOC plan must
be submitted subject to the requirements of this subsection.
(5) Procedures for an AMOC Plan Approval. Upon a preliminary
determination to approve or deny the proposed AMOC plan, the executive
director shall, in writing, so notify the submitter of the plan, any
local air pollution control program with jurisdiction over the site
affected by the AMOC plan, and the EPA regional office.
(A) If the executive director makes a preliminary determination
to approve the AMOC plan, the notice must include a copy of the AMOC
plan as preliminarily approved.
(B) If the executive director makes a determination
to deny the AMOC plan, the notice must include a description of the
reason(s) for such determination of denial. This determination constitutes
a final action of the executive director appealable to the Commission
as provided in subparagraph (G) of this paragraph.
(C) Upon receipt of notice from the executive director
that the AMOC plan has received preliminary approval, the AMOC applicant,
at the applicant's own expense, shall cause notice of the applicant's
intent to obtain an AMOC plan and of the opportunity to submit written
comments to be published. The notice must be consistent with paragraph
(6) of this subsection.
(D) The executive director shall consider and prepare
a written response to all significant and timely written comments
filed in connection with an AMOC plan.
(E) In response to the written comments, the executive
director may modify the provisions of the AMOC plan, deny the AMOC
plan, or approve the AMOC plan without changes.
(F) The executive director shall send written notice
of the final determination concerning each AMOC plan to the submitter
of the plan, the EPA regional office, any local pollution control
program with jurisdiction, and to each person who submitted timely
written comments. Such notice must include the final AMOC plan provisions,
a copy of the response to comments, and an announcement of the opportunity
to appeal the executive director's determination to the Commission.
The notice required by this subparagraph must be sent by a means evidencing
Cont'd... |
