SECTION 252:100-8-34. Control technology review

(a)   Requirement to comply with rules and regulations. A major stationary source or major modification shall meet each applicable emissions limitation under OAC 252:100 and each applicable emission standard and standard of performance under 40 CFR parts 60 and 61.

(b)   Requirement to apply best available control technology (BACT).

(1)   A new major stationary source shall apply BACT for each regulated NSR pollutant that it would have the potential to emit in significant amounts.

(2)   A major modification shall apply BACT for each regulated NSR pollutant for which it would be a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

(3)   For phased construction projects the determination of BACT shall be reviewed and modified at the discretion of the Director at a reasonable time but no later than 18 months prior to commencement of construction of each independent phase of the project. At such time the owner or operator may be required to demonstrate the adequacy of any previous determination of BACT.

[Source: Amended and renumbered from 252:100-7-34 at 15 Ok Reg 2590, eff 6-25-98; Amended at 23 Ok Reg 1699, eff 6-15-06]