Section 129-13-004 - Maximum Achievable Control Technology (MACT)004.01 Notwithstanding any other provisions of these regulations, Sections 63.70 through 63.81 of 40 CFR Part 63, Subpart D, effective December 29, 1992, pertaining to compliance extensions for early reductions, are hereby adopted and incorporated by reference.004.02 F or new, modified, or reconstructed sources of hazardous air pollutants. A permit as required under Section 001.03A8 of Chapter 3 will be issued for construction, reconstruction, or modification of a source with the potential to emit any hazardous air pollutant in an amount equal to or in excess of 2.5 tpy or more of any hazardous air pollutant or an aggregate of 10.0 tpy or more of any hazardous air pollutants only if best available control technology (BACT), as determined by the Director, is applied for each hazardous air pollutant and the source will comply with all other requirements of these regulations. In no event will application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under Chapters 12 or 13.004.03 Requirements for new or reconstructed major sources of hazardous air pollutants. A permit as required under Section 001.03A8 of Chapter 3 for construction or reconstruction of a source with the potential to emit an amount equal to or in excess of 10 tpy of any hazardous air pollutant or 25 tpy or more of any combination of hazardous air pollutants, will only be issued if maximum achievable control technology (MACT), as determined by the Director, is applied, and the source is required to comply with all other requirements of these regulations.004.03A For purposes of this Section, 40 CFR Part 63, Sections 63.40(b); 63. 41; 63.42(c); 63.43(a), (b), and (d); and 63.44, as in effect on July 1, 2020, are hereby adopted and incorporated by reference.004.03B Except as provided in 003.01, the provisions and procedures of Chapter 3 and 004.02 above apply.004.04 Notwithstanding any other provisions of these regulations, Sections 63.50 through 63.56 of 40 CFR Part 63, Subpart B, as in effect on July 1, 2020, pertaining to maximum achievable control technology determinations for emission units subject to case-by-case determination of equivalent emission limitations, are hereby adopted and incorporated by reference.129 Neb. Admin. Code, ch. 13, § 004
Amended effective 9/28/2022