.05 Control Technology Requirements.

A. New or Reconstructed Installations. A person may not construct, reconstruct, operate, or cause to be constructed, reconstructed, or operated, any new installation or source that will discharge a toxic air pollutant to the atmosphere without installing and operating T-BACT.

B. Certain Installations Discharging Class I Toxic Air Pollutants. A person who requests a special permit as provided in COMAR shall install and operate T-BACT on installations or sources discharging the Class I TAP in question located at the same premises.

C. Existing Installations Using Dispersion Techniques. A person who complies with the ambient impact requirement in Regulation .06 of this chapter by increasing the height of a stack above good engineering practice or by using other dispersion techniques shall use T-BACT. The following apply:

(1) For purposes of this section, dispersion technique is defined as provided in 40 CFR §51.100(hh), 1996 edition, except that:

(a) The provisions of 40 CFR §51.100(hh)(2)(v), 1996 edition, do not apply; that is, an installation's emissions of sulfur dioxide do not affect the definition of dispersion technique;

(b) Good engineering practice (GEP) stack height shall be calculated as provided in 40 CFR §51.100(ii)(2)-----(3), 1996 edition; that is, a stack height 65 meters or less is not presumed to be GEP unless it meets other criteria in 40 CFR §51.100(ii).

(2) This section applies only to stack heights increased after July 1, 1988, or dispersion techniques instituted after July 1, 1988.

(3) Unless an existing installation is controlled using T-BACT, the degree of emission limitation required in order to demonstrate compliance with Regulation .06 of this chapter may not be affected by the amount of the installation's stack height that exceeds good engineering practice (GEP), or by any other dispersion technique.