[Code of Federal Regulations]
[Title 40, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR51.166]
[Page 198-239]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS--Table of Contents
Subpart I--Review of New Sources and Modifications
Sec. 51.166 Prevention of significant deterioration of air quality.
(a)(1) Plan requirements. In accordance with the policy of section
101(b)(1) of the Act and the purposes of section 160 of the Act, each
applicable State Implementation Plan and each applicable Tribal
Implementation Plan shall contain emission limitations and such other
measures as may be necessary to prevent significant deterioration of air
quality.
(2) Plan revisions. If a State Implementation Plan revision would
result in increased air quality deterioration over any baseline
concentration, the plan revision shall include a demonstration that it
will not cause or contribute to a violation of the applicable
increment(s). If a plan revision proposing less restrictive requirements
was submitted after August 7, 1977 but on or before any applicable
baseline date and was pending action by the Administrator on that date,
no such demonstration is necessary with respect to the area for which a
baseline date would be established before final action is taken on the
plan revision. Instead, the assessment described in paragraph (a)(4) of
this section, shall review the expected impact to the applicable
increment(s).
(3) Required plan revision. If the State or the Administrator
determines that a plan is substantially inadequate to prevent
significant deterioration or that an applicable increment is being
violated, the plan shall be revised to correct the inadequacy or the
violation. The plan shall be revised within 60 days of such a finding by
a State or within 60 days following notification by the Administrator,
or by such later date as prescribed by the Administrator after
consultation with the State.
(4) Plan assessment. The State shall review the adequacy of a plan
on a periodic basis and within 60 days of such time as information
becomes available that an applicable increment is being violated.
(5) Public participation. Any State action taken under this
paragraph shall be subject to the opportunity for public hearing in
accordance with procedures equivalent to those established in
Sec. 51.102.
(6) Amendments. (i) Any State required to revise its implementation
plan by reason of an amendment to this section, including any amendment
adopted simultaneously with this paragraph (a)(6)(i), shall adopt and
submit such plan revision to the Administrator for approval no later
than three years after such amendment is published in the Federal
Register.
(ii) Any revision to an implementation plan that would amend the
provisions for the prevention of significant air quality deterioration
in the plan shall specify when and as to what sources and modifications
the revision is to take effect.
(iii) Any revision to an implementation plan that an amendment to
this section required shall take effect no later than the date of its
approval and may operate prospectively.
(7) Applicability. Each plan shall contain procedures that
incorporate the requirements in paragraphs (a)(7)(i) through (vi) of
this section.
(i) The requirements of this section apply to the construction of
any new major stationary source (as defined in paragraph (b)(1) of this
section) or any project at an existing major stationary source in an
area designated as attainment or unclassifiable under sections
107(d)(1)(A)(ii) or (iii) of the Act.
(ii) The requirements of paragraphs (j) through (r) of this section
apply to the construction of any new major stationary source or the
major modification of any existing major stationary source, except as
this section otherwise provides.
[[Page 199]]
(iii) No new major stationary source or major modification to which
the requirements of paragraphs (j) through (r)(5) of this section apply
shall begin actual construction without a permit that states that the
major stationary source or major modification will meet those
requirements.
(iv) Each plan shall use the specific provisions of paragraphs
(a)(7)(iv)(a) through (f) of this section. Deviations from these
provisions will be approved only if the State specifically demonstrates
that the submitted provisions are more stringent than or at least as
stringent in all respects as the corresponding provisions in paragraphs
(a)(7)(iv)(a) through (f) of this section.
(a) Except as otherwise provided in paragraphs (a)(7)(v) and (vi) of
this section, and consistent with the definition of major modification
contained in paragraph (b)(2) of this section, a project is a major
modification for a regulated NSR pollutant if it causes two types of
emissions increases--a significant emissions increase (as defined in
paragraph (b)(39) of this section), and a significant net emissions
increase (as defined in paragraphs (b)(3) and (b)(23) of this section).
The project is not a major modification if it does not cause a
significant emissions increase. If the project causes a significant
emissions increase, then the project is a major modification only if it
also results in a significant net emissions increase.
(b) The procedure for calculating (before beginning actual
construction) whether a significant emissions increase (i.e., the first
step of the process) will occur depends upon the type of emissions units
being modified, according to paragraphs (a)(7)(iv)(c) through (f) of
this section. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is
contained in the definition in paragraph (b)(3) of this section.
Regardless of any such preconstruction projections, a major modification
results if the project causes a significant emissions increase and a
significant net emissions increase.
(c) Actual-to-projected-actual applicability test for projects that
only involve existing emissions units. A significant emissions increase
of a regulated NSR pollutant is projected to occur if the sum of the
difference between the projected actual emissions (as defined in
paragraph (b)(40) of this section) and the baseline actual emissions (as
defined in paragraphs (b)(47)(i) and (ii) of this section) for each
existing emissions unit, equals or exceeds the significant amount for
that pollutant (as defined in paragraph (b)(23) of this section).
(d) Actual-to-potential test for projects that only involve
construction of a new emissions unit(s). A significant emissions
increase of a regulated NSR pollutant is projected to occur if the sum
of the difference between the potential to emit (as defined in paragraph
(b)(4) of this section) from each new emissions unit following
completion of the project and the baseline actual emissions (as defined
in paragraph (b)(47)(iii) of this section) of these units before the
project equals or exceeds the significant amount for that pollutant (as
defined in paragraph (b)(23) of this section).
(e) Emission test for projects that involve Clean Units. For a
project that will be constructed and operated at a Clean Unit without
causing the emissions unit to lose its Clean Unit designation, no
emissions increase is deemed to occur.
(f) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in paragraphs
(a)(7)(iv)(c) through (e) of this section as applicable with respect to
each emissions unit, for each type of emissions unit equals or exceeds
the significant amount for that pollutant (as defined in paragraph
(b)(23) of this section). For example, if a project involves both an
existing emissions unit and a Clean Unit, the projected increase is
determined by summing the values determined using the method specified
in paragraph (a)(7)(iv)(c) of this section for the existing unit and
determined using the method specified
[[Page 200]]
in paragraph (a)(7)(iv)(e) of this section for the Clean Unit.
(v) The plan shall require that for any major stationary source for
a PAL for a regulated NSR pollutant, the major stationary source shall
comply with requirements under paragraph (w) of this section.
(vi) The plan shall require that an owner or operator undertaking a
PCP (as defined in paragraph (b)(31) of this section) shall comply with
the requirements under paragraph (v) of this section.
(b) Definitions. All State plans shall use the following definitions
for the purposes of this section. Deviations from the following wording
will be approved only if the State specifically demonstrates that the
submitted definition is more stringent, or at least as stringent, in all
respects as the corresponding definitions below:
(1)(i) Major stationary source means:
(a) Any of the following stationary sources of air pollutants which
emits, or has the potential to emit, 100 tons per year or more of any a
regulated NSR pollutant: Fossil fuel-fired steam electric plants of more
than 250 million British thermal units per hour heat input, coal
cleaning plants (with thermal dryers), kraft pulp mills, portland cement
plants, primary zinc smelters, iron and steel mill plants, primary
aluminum ore reduction plants, primary copper smelters, municipal
incinerators capable of charging more than 250 tons of refuse per day,
hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries,
lime plants, phosphate rock processing plants, coke oven batteries,
sulfur recovery plants, carbon black plants (furnace process), primary
lead smelters, fuel conversion plants, sintering plants, secondary metal
production plants, chemical process plants, fossil fuel boilers (or
combinations thereof) totaling more than 250 million British thermal
units per hour heat input, petroleum storage and transfer units with a
total storage capacity exceeding 300,000 barrels, taconite ore
processing plants, glass fiber processing plants, and charcoal
production plants;
(b) Notwithstanding the stationary source size specified in
paragraph (b)(1)(i)(a) of this section, any stationary source which
emits, or has the potential to emit, 250 tons per year or more of a
regulated NSR pollutant; or
(c) Any physical change that would occur at a stationary source not
otherwise qualifying under paragraph (b)(1) of this section, as a major
stationary source if the change would constitute a major stationary
source by itself.
(ii) A major source that is major for volatile organic compounds
shall be considered major for ozone.
(iii) The fugitive emissions of a stationary source shall not be
included in determining for any of the purposes of this section whether
it is a major stationary source, unless the source belongs to one of the
following categories of stationary sources:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more that 250 million
British thermal units per hour heat input;
[[Page 201]]
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
(2)(i) Major modification means any physical change in or change in
the method of operation of a major stationary source that would result
in: a significant emissions increase (as defined in paragraph (b)(39) of
this section) of a regulated NSR pollutant (as defined in paragraph
(b)(49) of this section); and a significant net emissions increase of
that pollutant from the major stationary source.
(ii) Any significant emissions increase (as defined at paragraph
(b)(39) of this section) from any emissions units or net emissions
increase (as defined at paragraph (b)(3) of this section) at a major
stationary source that is significant for volatile organic compounds
shall be considered significant for ozone.
(iii) A physical change or change in the method of operation shall
not include:
(a) Routine maintenance, repair, and replacement;
(b) Use of an alternative fuel or raw material by reason of any
order under section 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plan pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of an order or rule under
section 125 of the Act;
(d) Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste;
(e) Use of an alternative fuel or raw material by a stationary
source which:
(1) The source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975 pursuant to
40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I
or Sec. 51.166; or
(2) The source is approved to use under any permit issued under 40
CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
(f) An increase in the hours of operation or in the production rate,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975, pursuant
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart
I or Sec. 51.166.
(g) Any change in ownership at a stationary source.
(h) The addition, replacement, or use of a PCP, as defined in
paragraph (b)(31) of this section, at an existing emissions unit meeting
the requirements of paragraph (v) of this section. A replacement control
technology must provide more effective emission control than that of the
replaced control technology to qualify for this exclusion.
(i) The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:
(1) The State implementation plan for the State in which the project
is located; and
(2) Other requirements necessary to attain and maintain the national
ambient air quality standards during the project and after it is
terminated.
(j) The installation or operation of a permanent clean coal
technology demonstration project that constitutes repowering, provided
that the project does not result in an increase in the potential to emit
of any regulated pollutant emitted by the unit. This exemption shall
apply on a pollutant-by-pollutant basis.
(k) The reactivation of a very clean coal-fired electric utility
steam generating unit.
(iv) This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under paragraph (w) of this section for a PAL for
that pollutant. Instead, the definition at paragraph (w)(2)(viii) of
this section shall apply.
(3)(i) Net emissions increase means, with respect to any regulated
NSR pollutant emitted by a major stationary source, the amount by which
the sum of the following exceeds zero:
[[Page 202]]
(a) The increase in emissions from a particular physical change or
change in the method of operation at a stationary source as calculated
pursuant to paragraph (a)(7)(iv) of this section; and
(b) Any other increases and decreases in actual emissions at the
major stationary source that are contemporaneous with the particular
change and are otherwise creditable. Baseline actual emissions for
calculating increases and decreases under this paragraph (b)(3)(i)(b)
shall be determined as provided in paragraph (b)(47), except that
paragraphs (b)(47)(i)(c) and (b)(47)(ii)(d) of this section shall not
apply.
(ii) An increase or decrease in actual emissions is contemporaneous
with the increase from the particular change only if it occurs within a
reasonable period (to be specified by the State) before the date that
the increase from the particular change occurs.
(iii) An increase or decrease in actual emissions is creditable only
if:
(a) It occurs within a reasonable period (to be specified by the
reviewing authority); and
(b) The reviewing authority has not relied on it in issuing a permit
for the source under regulations approved pursuant to this section,
which permit is in effect when the increase in actual emissions from the
particular change occurs; and
(c) The increase or decrease in emissions did not occur at a Clean
Unit, except as provided in paragraphs (t)(8) and (u)(10) of this
section.
(iv) An increase or decrease in actual emissions of sulfur dioxide,
particulate matter, or nitrogen oxides that occurs before the applicable
minor source baseline date is creditable only if it is required to be
considered in calculating the amount of maximum allowable increases
remaining available.
(v) An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.
(vi) A decrease in actual emissions is creditable only to the extent
that:
(a) The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;
(b) It is enforceable as a practical matter at and after the time
that actual construction on the particular change begins;
(c) It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change; and
(d) The decrease in actual emissions did not result from the
installation of add-on control technology or application of pollution
prevention practices that were relied on in designating an emissions
unit as a Clean Unit under Sec. 52.21(y) or under regulations approved
pursuant to paragraph (u) of this section or Sec. 51.165(d). That is,
once an emissions unit has been designated as a Clean Unit, the owner or
operator cannot later use the emissions reduction from the air pollution
control measures that the Clean Unit designation is based on in
calculating the net emissions increase for another emissions unit (i.e.,
must not use that reduction in a ``netting analysis'' for another
emissions unit). However, any new emissions reductions that were not
relied upon in a PCP excluded pursuant to paragraph (v) of this section
or for the Clean Unit designation are creditable to the extent they meet
the requirements in paragraph (v)(6)(iv) of this section for the PCP and
paragraph (t)(8) or (u)(10) of this section for a Clean Unit.
(vii) An increase that results from a physical change at a source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational only after a reasonable
shakedown period, not to exceed 180 days.
(viii) Paragraph (b)(21)(ii) of this section shall not apply for
determining creditable increases and decreases.
(4) Potential to emit means 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 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,
[[Page 203]]
shall be treated as part of its design if the limitation or the effect
it would have on emissions is federally enforceable. Secondary emissions
do not count in determining the potential to emit of a stationary
source.
(5) Stationary source means any building, structure, facility, or
installation which emits or may emit a regulated NSR pollutant.
(6) Building, structure, facility, or installation means all of the
pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same Major Group (i.e., which have the same two-
digit code) as described in the Standard Industrial Classification
Manual, 1972, as amended by the 1977 Supplement (U.S. Government
Printing Office stock numbers 4101-0066 and 003-005-00176-0,
respectively).
(7) Emissions unit means any part of a stationary source that emits
or would have the potential to emit any regulated NSR pollutant and
includes an electric utility steam generating unit as defined in
paragraph (b)(30) of this section. For purposes of this section, there
are two types of emissions units as described in paragraphs (b)(7)(i)
and (ii) of this section.
(i) A new emissions unit is any emissions unit that is (or will be)
newly constructed and that has existed for less than 2 years from the
date such emissions unit first operated.
(ii) An existing emissions unit is any emissions unit that does not
meet the requirements in paragraph (b)(7)(i) of this section.
(8) Construction means any physical change or change in the method
of operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) that would result in a change in
emissions.
(9) Commence as applied to construction of a major stationary source
or major modification means that the owner or operator has all necessary
preconstruction approvals or permits and either has:
(i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable
time; or
(ii) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
source to be completed within a reasonable time.
(10) Necessary preconstruction approvals or permits means those
permits or approvals required under Federal air quality control laws and
regulations and those air quality control laws and regulations which are
part of the applicable State Implementation Plan.
(11) Begin actual construction means, in general, initiation of
physical on-site construction activities on an emissions unit which are
of a permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying of underground
pipework, and construction of permanent storage structures. With respect
to a change in method of operation this term refers to those on-site
activities, other than preparatory activities, which mark the initiation
of the change.
(12) Best available control technology means an emissions limitation
(including a visible emissions standard) based on the maximum degree of
reduction for each a regulated NSR pollutant which would be emitted from
any proposed major stationary source or major modification which the
reviewing authority, on a case-by-case basis, taking into account
energy, environmental, and economic impacts and other costs, determines
is achievable for such source or modification through application of
production processes or available methods, systems, and techniques,
including fuel cleaning or treatment or innovative fuel combination
techniques for control of such pollutant. In no event shall application
of best available control technology result in emissions of any
pollutant which would exceed the emissions allowed by any applicable
standard under 40 CFR parts 60 and 61. If the reviewing authority
determines that technological or economic limitations on the application
of
[[Page 204]]
measurement methodology to a particular emissions unit would make the
imposition of an emissions standard infeasible, a design, equipment,
work practice, operational standard or combination thereof, may be
prescribed instead to satisfy the requirement for the application of
best available control technology. Such standard shall, to the degree
possible, set forth the emissions reduction achievable by implementation
of such design, equipment, work practice or operation, and shall provide
for compliance by means which achieve equivalent results.
(13)(i) Baseline concentration means that ambient concentration
level that exists in the baseline area at the time of the applicable
minor source baseline date. A baseline concentration is determined for
each pollutant for which a minor source baseline date is established and
shall include:
(a) The actual emissions, as defined in paragraph (b)(21) of this
section, representative of sources in existence on the applicable minor
source baseline date, except as provided in paragraph (b)(13)(ii) of
this section;
(b) The allowable emissions of major stationary sources that
commenced construction before the major source baseline date, but were
not in operation by the applicable minor source baseline date.
(ii) The following will not be included in the baseline
concentration and will affect the applicable maximum allowable
increase(s):
(a) Actual emissions, as defined in paragraph (b)(21) of this
section, from any major stationary source on which construction
commenced after the major source baseline date; and
(b) Actual emissions increases and decreases, as defined in
paragraph (b)(21) of this section, at any stationary source occurring
after the minor source baseline date.
(14)(i) Major source baseline date means:
(a) In the case of particulate matter and sulfur dioxide, January 6,
1975, and
(b) In the case of nitrogen dioxide, February 8, 1988.
(ii) Minor source baseline date means the earliest date after the
trigger date on which a major stationary source or a major modification
subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR
51.166 submits a complete application under the relevant regulations.
The trigger date is:
(a) In the case of particulate matter and sulfur dioxide, August 7,
1977, and
(b) In the case of nitrogen dioxide, February 8, 1988.
(iii) The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:
(a) The area in which the proposed source or modification would
construct is designated as attainment or unclassifiable under section
107(d)(i) (D) or (E) of the Act for the pollutant on the date of its
complete application under 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR 51.166; and
(b) In the case of a major stationary source, the pollutant would be
emitted in significant amounts, or, in the case of a major modification,
there would be a significant net emissions increase of the pollutant.
(iv) Any minor source baseline date established originally for the
TSP increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that the
reviewing authority may rescind any such minor source baseline date
where it can be shown, to the satisfaction of the reviewing authority,
that the emissions increase from the major stationary source, or the net
emissions increase from the major modification, responsible for
triggering that date did not result in a significant amount of PM-10
emissions.
(15)(i) Baseline area means any intrastate area (and every part
thereof) designated as attainment or unclassifiable under section
107(d)(1) (D) or (E) of the Act in which the major source or major
modification establishing the minor source baseline date would construct
or would have an air quality impact equal to or greater than 1 [mu]g/
m\3\ (annual average) of the pollutant for which the minor source
baseline date is established.
(ii) Area redesignations under section 107(d)(1) (D) or (E) of the
Act cannot intersect or be smaller than the area of impact of any major
stationary source or major modification which:
[[Page 205]]
(a) Establishes a minor source baseline date; or
(b) Is subject to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR 51.166, and would be constructed in the same State as
the State proposing the redesignation.
(iii) Any baseline area established originally for the TSP
increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that such
baseline area shall not remain in effect if the permit authority
rescinds the corresponding minor source baseline date in accordance with
paragraph (b)(14)(iv) of this section.
(16) Allowable emissions means the emissions rate of a stationary
source calculated using the maximum rated capacity of the source (unless
the source is subject to federally enforceable limits which restrict the
operating rate, or hours of operation, or both) and the most stringent
of the following:
(i) The applicable standards as set forth in 40 CFR parts 60 and 61;
(ii) The applicable State Implementation Plan emissions limitation,
including those with a future compliance date; or
(iii) The emissions rate specified as a federally enforceable permit
condition.
(17) Federally enforceable means all limitations and conditions
which are enforceable by the Administrator, including those requirements
developed pursuant to 40 CFR parts 60 and 61, requirements within any
applicable State implementation plan, any permit requirements
established pursuant to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR part 51, subpart I, including operating permits
issued under an EPA-approved program that is incorporated into the State
implementation plan and expressly requires adherence to any permit
issued under such program.
(18) Secondary emissions means emissions which occur as a result of
the construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. For the purposes of this section, secondary
emissions must be specific, well defined, quantifiable, and impact the
same general areas the stationary source modification which causes the
secondary emissions. Secondary emissions include emissions from any
offsite support facility which would not be constructed or increase its
emissions except as a result of the construction or operation of the
major stationary source or major modification. Secondary emissions do
not include any emissions which come directly from a mobile source, such
as emissions from the tailpipe of a motor vehicle, from a train, or from
a vessel.
(19) Innovative control technology means any system of air pollution
control that has not been adequately demonstrated in practice, but would
have a substantial likelihood of achieving greater continuous emissions
reduction than any control system in current practice or of achieving at
least comparable reductions at lower cost in terms of energy, economics,
or nonair quality environmental impacts.
(20) Fugitive emissions means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
(21)(i) Actual emissions means the actual rate of emissions of a
regulated NSR pollutant from an emissions unit, as determined in
accordance with paragraphs (b)(21)(ii) through (iv) of this section,
except that this definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a PAL
under paragraph (w) of this section. Instead, paragraphs (b)(40) and
(b)(47) of this section shall apply for those purposes.
(ii) In general, actual emissions as of a particular date shall
equal the average rate, in tons per year, at which the unit actually
emitted the pollutant during a consecutive 24-month period which
precedes the particular date and which is representative of normal
source operation. The reviewing authority shall allow the use of a
different time period upon a determination that it is more
representative of normal source operation. Actual emissions shall be
calculated using the unit's actual operating hours, production rates,
and types of materials processed, stored, or combusted during the
selected time period.
[[Page 206]]
(iii) The reviewing authority may presume that source-specific
allowable emissions for the unit are equivalent to the actual emissions
of the unit.
(iv) For any emissions unit that has not begun normal operations on
the particular date, actual emissions shall equal the potential to emit
of the unit on that date.
(22) Complete means, in reference to an application for a permit,
that the application contains all the information necessary for
processing the application. Designating an application complete for
purposes of permit processing does not preclude the reviewing authority
from requesting or accepting any additional information.
(23)(i) Significant means, in reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a
rate of emissions that would equal or exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: 25 tpy of particulate matter emissions. 15 tpy of
PM10 emissions.
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2 S): 10 tpy
Total reduced sulfur (including H2 S): 10 tpy
Reduced sulfur compounds (including H2 S): 10 tpy
Municipal waste combustor organics (measured as total tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x
10-6 megagrams per year (3.5 x 10-6 tons per year)
Municipal waste combustor metals (measured as articulate matter): 14
megagrams per year (15 tons per year) Municipal waste combustor acid
gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams
per year (40 tons per year)
Municipal solid waste landfill emissions (measured as nonmethane organic
compounds): 45 megagrams per year (50 tons per year)
(ii) Significant means, in reference to a net emissions increase or
the potential of a source to emit a a regulated NSR pollutant that
paragraph (b)(23)(i) of this section, does not list, any emissions rate.
(iii) Notwithstanding paragraph (b)(23)(i) of this section,
significant means any emissions rate or any net emissions increase
associated with a major stationary source or major modification, which
would construct within 10 kilometers of a Class I area, and have an
impact on such area equal to or greater than 1 [mu]g/m\3\ (24-hour
average).
(24) Federal Land Manager means, with respect to any lands in the
United States, the Secretary of the department with authority over such
lands.
(25) High terrain means any area having an elevation 900 feet or
more above the base of the stack of a source.
(26) Low terrain means any area other than high terrain.
(27) Indian Reservation means any federally recognized reservation
established by Treaty, Agreement, Executive Order, or Act of Congress.
(28) Indian Governing Body means the governing body of any tribe,
band, or group of Indians subject to the jurisdiction of the United
States and recognized by the United States as possessing power of self-
government.
(29) Volatile organic compounds (VOC) is as defined in
Sec. 51.100(s) of this part.
(30) Electric utility steam generating unit means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose
of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.
(31) Pollution control project (PCP) means any activity, set of work
practices or project (including pollution prevention as defined under
paragraph (b)(38) of this section) undertaken at an existing emissions
unit that reduces emissions of air pollutants from such unit. Such
qualifying activities or projects can include the replacement or upgrade
of an existing emissions control technology with a more effective unit.
Other changes that may occur at the source are not considered part of
the PCP if they are not necessary to reduce emissions through the
[[Page 207]]
PCP. Projects listed in paragraphs (b)(31)(i) through (vi) of this
section are presumed to be environmentally beneficial pursuant to
paragraph (v)(2)(i) of this section. Projects not listed in these
paragraphs may qualify for a case-specific PCP exclusion pursuant to the
requirements of paragraphs (v)(2) and (v)(5) of this section.
(i) Conventional or advanced flue gas desulfurization or sorbent
injection for control of SO2.
(ii) Electrostatic precipitators, baghouses, high efficiency
multiclones, or scrubbers for control of particulate matter or other
pollutants.
(iii) Flue gas recirculation, low-NOX burners or
combustors, selective non-catalytic reduction, selective catalytic
reduction, low emission combustion (for IC engines), and oxidation/
absorption catalyst for control of NOX.
(iv) Regenerative thermal oxidizers, catalytic oxidizers,
condensers, thermal incinerators, hydrocarbon combustion flares,
biofiltration, absorbers and adsorbers, and floating roofs for storage
vessels for control of volatile organic compounds or hazardous air
pollutants. For the purpose of this section, ``hydrocarbon combustion
flare'' means either a flare used to comply with an applicable NSPS or
MACT standard (including uses of flares during startup, shutdown, or
malfunction permitted under such a standard), or a flare that serves to
control emissions of waste streams comprised predominately of
hydrocarbons and containing no more than 230 mg/dscm hydrogen sulfide.
(v) Activities or projects undertaken to accommodate switching (or
partially switching) to an inherently less polluting fuel, to be limited
to the following fuel switches:
(a) Switching from a heavier grade of fuel oil to a lighter fuel
oil, or any grade of oil to 0.05 percent sulfur diesel (i.e., from a
higher sulfur content 2 fuel or from 6 fuel, to CA
0.05 percent sulfur 2 diesel);
(b) Switching from coal, oil, or any solid fuel to natural gas,
propane, or gasified coal;
(c) Switching from coal to wood, excluding construction or
demolition waste, chemical or pesticide treated wood, and other forms of
``unclean'' wood;
(d) Switching from coal to 2 fuel oil (0.5 percent maximum
sulfur content); and
(e) Switching from high sulfur coal to low sulfur coal (maximum 1.2
percent sulfur content).
(vi) Activities or projects undertaken to accommodate switching from
the use of one ozone depleting substance (ODS) to the use of a substance
with a lower or zero ozone depletion potential (ODP), including changes
to equipment needed to accommodate the activity or project, that meet
the requirements of paragraphs (b)(31)(vi)(a) and (b) of this section.
(a) The productive capacity of the equipment is not increased as a
result of the activity or project.
(b) The projected usage of the new substance is lower, on an ODP-
weighted basis, than the baseline usage of the replaced ODS. To make
this determination, follow the procedure in paragraphs (b)(31)(vi)(b)(1)
through (4) of this section.
(1) Determine the ODP of the substances by consulting 40 CFR part
82, subpart A, appendices A and B.
(2) Calculate the replaced ODP-weighted amount by multiplying the
baseline actual usage (using the annualized average of any 24
consecutive months of usage within the past 10 years) by the ODP of the
replaced ODS.
(3) Calculate the projected ODP-weighted amount by multiplying the
projected annual usage of the new substance by its ODP.
(4) If the value calculated in paragraph (b)(31)(vi)(b)(2) of this
section is more than the value calculated in paragraph (b)(31)(vi)(b)(3)
of this section, then the projected use of the new substance is lower,
on an ODP-weighted basis, than the baseline usage of the replaced ODS.
(32) [Reserved]
(33) Clean coal technology means any technology, including
technologies applied at the precombustion, combustion, or post
combustion stage, at a new or existing facility which will achieve
significant reductions in air emissions of sulfur dioxide or oxides of
[[Page 208]]
nitrogen associated with the utilization of coal in the generation of
electricity, or process steam which was not in widespread use as of
November 15, 1990.
(34) Clean coal technology demonstration project means a project
using funds appropriated under the heading ``Department of Energy--Clean
Coal Technology'', up to a total amount of $2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded
through appropriations for the Environmental Protection Agency. The
Federal contribution for a qualifying project shall be at least 20
percent of the total cost of the demonstration project.
(35) Temporary clean coal technology demonstration project means a
clean coal technology demonstration project that is operated for a
period of 5 years or less, and which complies with the State
implementation plan for the State in which the project is located and
other requirements necessary to attain and maintain the national ambient
air quality standards during and after the project is terminated.
(36)(i) Repowering means replacement of an existing coal-fired
boiler with one of the following clean coal technologies: atmospheric or
pressurized fluidized bed combustion, integrated gasification combined
cycle, magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
Administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
technology capable of controlling multiple combustion emissions
simultaneously with improved boiler or generation efficiency and with
significantly greater waste reduction relative to the performance of
technology in widespread commercial use as of November 15, 1990.
(ii) Repowering shall also include any oil and/or gas-fired unit
which has been awarded clean coal technology demonstration funding as of
January 1, 1991, by the Department of Energy.
(iii) The reviewing authority shall give expedited consideration to
permit applications for any source that satisfies the requirements of
this subsection and is granted an extension under section 409 of the
Clean Air Act.
(37) Reactivation of a very clean coal-fired electric utility steam
generating unit means any physical change or change in the method of
operation associated with the commencement of commercial operations by a
coal-fired utility unit after a period of discontinued operation where
the unit:
(i) Has not been in operation for the two-year period prior to the
enactment of the Clean Air Act Amendments of 1990, and the emissions
from such unit continue to be carried in the permitting authority's
emissions inventory at the time of enactment;
(ii) Was equipped prior to shutdown with a continuous system of
emissions control that achieves a removal efficiency for sulfur dioxide
of no less than 85 percent and a removal efficiency for particulates of
no less than 98 percent;
(iii) Is equipped with low-NOX burners prior to the time
of commencement of operations following reactivation; and
(iv) Is otherwise in compliance with the requirements of the Clean
Air Act.
(38) Pollution prevention means any activity that through process
changes, product reformulation or redesign, or substitution of less
polluting raw materials, eliminates or reduces the release of air
pollutants (including fugitive emissions) and other pollutants to the
environment prior to recycling, treatment, or disposal; it does not mean
recycling (other than certain ``in-process recycling'' practices),
energy recovery, treatment, or disposal.
(39) Significant emissions increase means, for a regulated NSR
pollutant, an increase in emissions that is significant (as defined in
paragraph (b)(23) of this section) for that pollutant.
(40)(i) Projected actual emissions means the maximum annual rate, in
tons per year, at which an existing emissions unit is projected to emit
a regulated NSR pollutant in any one of the 5 years (12-month period)
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or its
potential to emit that regulated NSR pollutant, and full utilization of
the unit
[[Page 209]]
would result in a significant emissions increase, or a significant net
emissions increase at the major stationary source.
(ii) In determining the projected actual emissions under paragraph
(b)(40)(i) of this section (before beginning actual construction), the
owner or operator of the major stationary source:
(a) Shall consider all relevant information, including but not
limited to, historical operational data, the company's own
representations, the company's expected business activity and the
company's highest projections of business activity, the company's
filings with the State or Federal regulatory authorities, and compliance
plans under the approved plan; and
(b) Shall include fugitive emissions to the extent quantifiable and
emissions associated with startups, shutdowns, and malfunctions; and
(c) Shall exclude, in calculating any increase in emissions that
results from the particular project, that portion of the unit's
emissions following the project that an existing unit could have
accommodated during the consecutive 24-month period used to establish
the baseline actual emissions under paragraph (b)(47) of this section
and that are also unrelated to the particular project, including any
increased utilization due to product demand growth; or,
(d) In lieu of using the method set out in paragraphs (b)(40)(ii)(a)
through (c) of this section, may elect to use the emissions unit's
potential to emit, in tons per year, as defined under paragraph (b)(4)
of this section.
(41) Clean Unit means any emissions unit that has been issued a
major NSR permit that requires compliance with BACT or LAER, is
complying with such BACT/LAER requirements, and qualifies as a Clean
Unit pursuant to regulations approved by the Administrator in accordance
with paragraph (t) of this section; or any emissions unit that has been
designated by a reviewing authority as a Clean Unit, based on the
criteria in paragraphs (u)(3)(i) through (iv) of this section, using a
plan-approved permitting process; or any emissions unit that has been
designated as a Clean Unit by the Administrator in accordance with 52.21
(y)(3)(i) through (iv) of this chapter.
(42) Prevention of Significant Deterioration Program (PSD) program
means a major source preconstruction permit program that has been
approved by the Administrator and incorporated into the plan to
implement the requirements of this section, or the program in Sec. 52.21
of this chapter. Any permit issued under such a program is a major NSR
permit.
(43) Continuous emissions monitoring system (CEMS) means all of the
equipment that may be required to meet the data acquisition and
availability requirements of this section, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.
(44) Predictive emissions monitoring system (PEMS) means all of the
equipment necessary to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate, O\2\ or
CO\2\ concentrations), and calculate and record the mass emissions rate
(for example, lb/hr) on a continuous basis.
(45) Continuous parameter monitoring system (CPMS) means all of the
equipment necessary to meet the data acquisition and availability
requirements of this section, to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O\2\ or CO\2\ concentrations), and to record average operational
parameter value(s) on a continuous basis.
(46) Continuous emissions rate monitoring system (CERMS) means the
total equipment required for the determination and recording of the
pollutant mass emissions rate (in terms of mass per unit of time).
(47) Baseline actual emissions means the rate of emissions, in tons
per year, of a regulated NSR pollutant, as determined in accordance with
paragraphs (b)(47)(i) through (iv) of this section.
(i) For any existing electric utility steam generating unit,
baseline actual emissions means the average rate, in tons per year, at
which the unit actually emitted the pollutant during any
[[Page 210]]
consecutive 24-month period selected by the owner or operator within the
5-year period immediately preceding when the owner or operator begins
actual construction of the project. The reviewing authority shall allow
the use of a different time period upon a determination that it is more
representative of normal source operation.
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
an emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed. A different consecutive 24-month period can be used For each
regulated NSR pollutant.
(d) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by paragraph (b)(47)(i)(b) of this section.
(ii) For an existing emissions unit (other than an electric utility
steam generating unit), baseline actual emissions means the average
rate, in tons per year, at which the emissions unit actually emitted the
pollutant during any consecutive 24-month period selected by the owner
or operator within the 10-year period immediately preceding either the
date the owner or operator begins actual construction of the project, or
the date a complete permit application is received by the reviewing
authority for a permit required either under this section or under a
plan approved by the Administrator, whichever is earlier, except that
the 10-year period shall not include any period earlier than November
15, 1990.
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
an emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
major stationary source must currently comply, had such major stationary
source been required to comply with such limitations during the
consecutive 24-month period. However, if an emission limitation is part
of a maximum achievable control technology standard that the
Administrator proposed or promulgated under part 63 of this chapter, the
baseline actual emissions need only be adjusted if the State has taken
credit for such emissions reductions in an attainment demonstration or
maintenance plan consistent with the requirements of
Sec. 51.165(a)(3)(ii)(G).
(d) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed. A different consecutive 24-month period can be used For each
regulated NSR pollutant.
(e) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by paragraphs (b)(47)(ii)(b) and (c) of this section.
(iii) For a new emissions unit, the baseline actual emissions for
purposes of determining the emissions increase that will result from the
initial construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's potential to
emit.
(iv) For a PAL for a stationary source, the baseline actual
emissions shall be calculated for existing electric utility steam
generating units in accordance with the procedures contained in
paragraph (b)(47)(i) of this section, for other existing emissions
[[Page 211]]
units in accordance with the procedures contained in paragraph
(b)(47)(ii) of this section, and for a new emissions unit in accordance
with the procedures contained in paragraph (b)(47)(iii) of this section.
(48) [Reserved]
(49) Regulated NSR pollutant, for purposes of this section, means
the following:
(i) Any pollutant for which a national ambient air quality standard
has been promulgated and any constituents or precursors for such
pollutants identified by the Administrator (e.g., volatile organic
compounds are precursors for ozone);
(ii) Any pollutant that is subject to any standard promulgated under
section 111 of the Act;
(iii) Any Class I or II substance subject to a standard promulgated
under or established by title VI of the Act; or
(iv) Any pollutant that otherwise is subject to regulation under the
Act; except that any or all hazardous air pollutants either listed in
section 112 of the Act or added to the list pursuant to section
112(b)(2) of the Act, which have not been delisted pursuant to section
112(b)(3) of the Act, are not regulated NSR pollutants unless the listed
hazardous air pollutant is also regulated as a constituent or precursor
of a general pollutant listed under section 108 of the Act.
(50) Reviewing authority means the State air pollution control
agency, local agency, other State agency, Indian tribe, or other agency
authorized by the Administrator to carry out a permit program under
Sec. 51.165 and this section, or the Administrator in the case of EPA-
implemented permit programs under Sec. 52.21 of this chapter.
(51) Project means a physical change in, or change in method of
operation of, an existing major stationary source.
(52) Lowest achievable emission rate (LAER) is as defined in
Sec. 51.165(a)(1)(xiii).
(c) Ambient air increments. The plan shall contain emission
limitations and such other measures as may be necessary to assure that
in areas designated as Class I, II, or III, increases in pollutant
concentration over the baseline concentration shall be limited to the
following:
------------------------------------------------------------------------
Maximum
allowable
increase
Pollutant (micrograms
per cubic
meter)
------------------------------------------------------------------------
Class I
------------------------------------------------------------------------
Particulate matter:
PM-10, annual arithmetic mean.......................... 4
PM-10, 24-hr maximum................................... 8
Sulfur dioxide:
Annual arithmetic mean................................. 2
24-hr maximum.......................................... 5
3-hr maximum........................................... 25
Nitrogen dioxide: Annual arithmetic mean................... 2.5
------------------------------------------------------------------------
Class II
------------------------------------------------------------------------
Particulate matter:
PM-10, annual arithmetic mean.......................... 17
PM-10, 24-hr maximum................................... 30
Sulfur dioxide:
Annual arithmetic mean................................. 20
24-hr maximum.......................................... 91
3-hr maximum........................................... 512
Nitrogen dioxide:
Annual arithmetic mean................................. 25
------------------------------------------------------------------------
Class III
------------------------------------------------------------------------
Particulate matter:
PM-10, annual arithmetic mean.......................... 34
PM-10, 24-hr maximum................................... 60
Sulfur dioxide:
Annual arithmetic mean................................. 40
24-hr maximum.......................................... 182
3-hr maximum........................................... 700
Nitrogen dioxide: Annual arithmetic mean................... 50
------------------------------------------------------------------------
For any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location.
(d) Ambient air ceilings. The plan shall provide that no
concentration of a pollutant shall exceed:
(1) The concentration permitted under the national secondary ambient
air quality standard, or
(2) The concentration permitted under the national primary ambient
air quality standard, whichever concentration is lowest for the
pollutant for a period of exposure.
(e) Restrictions on area classifications. The plan shall provide
that--
(1) All of the following areas which were in existence on August 7,
1977, shall be Class I areas and may not be redesignated:
(i) International parks,
(ii) National wilderness areas which exceed 5,000 acres in size,
[[Page 212]]
(iii) National memorial parks which exceed 5,000 acres in size, and
(iv) National parks which exceed 6,000 acres in size.
(2) Areas which were redesignated as Class I under regulations
promulgated before August 7, 1977, shall remain Class I, but may be
redesignated as provided in this section.
(3) Any other area, unless otherwise specified in the legislation
creating such an area, is initially designated Class II, but may be
redesignated as provided in this section.
(4) The following areas may be redesignated only as Class I or II:
(i) An area which as of August 7, 1977, exceeded 10,000 acres in
size and was a national monument, a national primitive area, a national
preserve, a national recreational area, a national wild and scenic
river, a national wildlife refuge, a national lakeshore or seashore; and
(ii) A national park or national wilderness area established after
August 7, 1977, which exceeds 10,000 acres in size.
(f) Exclusions from increment consumption. (1) The plan may provide
that the following concentrations shall be excluded in determining
compliance with a maximum allowable increase:
(i) Concentrations attributable to the increase in emissions from
stationary sources which have converted from the use of petroleum
products, natural gas, or both by reason of an order in effect under
section 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) over the
emissions from such sources before the effective date of such an order;
(ii) Concentrations attributable to the increase in emissions from
sources which have converted from using natural gas by reason of natural
gas curtailment plan in effect pursuant to the Federal Power Act over
the emissions from such sources before the effective date of such plan;
(iii) Concentrations of particulate matter attributable to the
increase in emissions from construction or other temporary emission-
related activities of new or modified sources;
(iv) The increase in concentrations attributable to new sources
outside the United States over the concentrations attributable to
existing sources which are included in the baseline concentration; and
(v) Concentrations attributable to the temporary increase in
emissions of sulfur dioxide, particulate matter, or nitrogen oxides from
stationary sources which are affected by plan revisions approved by the
Administrator as meeting the criteria specified in paragraph (f)(4) of
this section.
(2) If the plan provides that the concentrations to which paragraph
(f)(1) (i) or (ii) of this section, refers shall be excluded, it shall
also provide that no exclusion of such concentrations shall apply more
than five years after the effective date of the order to which paragraph
(f)(1)(i) of this section, refers or the plan to which paragraph
(f)(1)(ii) of this section, refers, whichever is applicable. If both
such order and plan are applicable, no such exclusion shall apply more
than five years after the later of such effective dates.
(3) [Reserved]
(4) For purposes of excluding concentrations pursuant to paragraph
(f)(1)(v) of this section, the Administrator may approve a plan revision
that:
(i) Specifies the time over which the temporary emissions increase
of sulfur dioxide, particulate matter, or nitrogen oxides would occur.
Such time is not to exceed 2 years in duration unless a longer time is
approved by the Administrator.
(ii) Specifies that the time period for excluding certain
contributions in accordance with paragraph (f)(4)(i) of this section, is
not renewable;
(iii) Allows no emissions increase from a stationary source which
would:
(a) Impact a Class I area or an area where an applicable increment
is known to be violated; or
(b) Cause or contribute to the violation of a national ambient air
quality standard;
(iv) Requires limitations to be in effect the end of the time period
specified in accordance with paragraph (f)(4)(i) of this section, which
would ensure that the emissions levels from stationary sources affected
by the plan revision would not exceed those levels occurring from such
sources before the plan revision was approved.
[[Page 213]]
(g) Redesignation. (1) The plan shall provide that all areas of the
State (except as otherwise provided under paragraph (e) of this section)
shall be designated either Class I, Class II, or Class III. Any
designation other than Class II shall be subject to the redesignation
procedures of this paragraph. Redesignation (except as otherwise
precluded by paragraph (e) of this section) may be proposed by the
respective States or Indian Governing Bodies, as provided below, subject
to approval by the Administrator as a revision to the applicable State
implementation plan.
(2) The plan may provide that the State may submit to the
Administrator a proposal to redesignate areas of the State Class I or
Class II: Provided, That:
(i) At least one public hearing has been held in accordance with
procedures established in Sec. 51.102.
(ii) Other States, Indian Governing Bodies, and Federal Land
Managers whose lands may be affected by the proposed redesignation were
notified at least 30 days prior to the public hearing;
(iii) A discussion of the reasons for the proposed redesignation,
including a satisfactory description and analysis of the health,
environmental, economic, social, and energy effects of the proposed
redesignation, was prepared and made available for public inspection at
least 30 days prior to the hearing and the notice announcing the hearing
contained appropriate notification of the availability of such
discussion;
(iv) Prior to the issuance of notice respecting the redesignation of
an area that includes any Federal lands, the State has provided written
notice to the appropriate Federal Land Manager and afforded adequate
opportunity (not in excess of 60 days) to confer with the State
respecting the redesignation and to submit written comments and
recommendations. In redesignating any area with respect to which any
Federal Land Manager had submitted written comments and recommendations,
the State shall have published a list of any inconsistency between such
redesignation and such comments and recommendations (together with the
reasons for making such redesignation against the recommendation of the
Federal Land Manager); and
(v) The State has proposed the redesignation after consultation with
the elected leadership of local and other substate general purpose
governments in the area covered by the proposed redesignation.
(3) The plan may provide that any area other than an area to which
paragraph (e) of this section refers may be redesignated as Class III
if--
(i) The redesignation would meet the requirements of provisions
established in accordance with paragraph (g)(2) of this section;
(ii) The redesignation, except any established by an Indian
Governing Body, has been specifically approved by the Governor of the
State, after consultation with the appropriate committees of the
legislature, if it is in session, or with the leadership of the
legislature, if it is not in session (unless State law provides that
such redesignation must be specifically approved by State legislation)
and if general purpose units of local government representing a majority
of the residents of the area to be redesignated enact legislation
(including resolutions where appropriate) concurring in the
redesignation;
(iii) The redesignation would not cause, or contribute to, a
concentration of any air pollutant which would exceed any maximum
allowable increase permitted under the classification of any other area
or any national ambient air quality standard; and
(iv) Any permit application for any major stationary source or major
modification subject to provisions established in accordance with
paragraph (l) of this section which could receive a permit only if the
area in question were redesignated as Class III, and any material
submitted as part of that application, were available, insofar as was
practicable, for public inspection prior to any public hearing on
redesignation of any area as Class III.
(4) The plan shall provide that lands within the exterior boundaries
of Indian Reservations may be redesignated only by the appropriate
Indian Governing Body. The appropriate Indian Governing Body may submit
to the Administrator a proposal to redesignate
[[Page 214]]
areas Class I, Class II, or Class III: Provided, That:
(i) The Indian Governing Body has followed procedures equivalent to
those required of a State under paragraphs (g) (2), (3)(iii), and
(3)(iv) of this section; and
(ii) Such redesignation is proposed after consultation with the
State(s) in which the Indian Reservation is located and which border the
Indian Reservation.
(5) The Administrator shall disapprove, within 90 days of
submission, a proposed redesignation of any area only if he finds, after
notice and opportunity for public hearing, that such redesignation does
not meet the procedural requirements of this section or is inconsistent
with paragraph (e) of this section. If any such disapproval occurs, the
classification of the area shall be that which was in effect prior to
the redesignation which was disapproved.
(6) If the Administrator disapproves any proposed area designation,
the State or Indian Governing Body, as appropriate, may resubmit the
proposal after correcting the deficiencies noted by the Administrator.
(h) Stack heights. The plan shall provide, as a minimum, that the
degree of emission limitation required for control of any air pollutant
under the plan shall not be affected in any manner by--
(1) So much of a stack height, not in existence before December 31,
1970, as exceeds good engineering practice, or
(2) Any other dispersion technique not implemented before then.
(i) Exemptions.
(1) The plan may provide that requirements equivalent to those
contained in paragraphs (j) through (r) of this section do not apply to
a particular major stationary source or major modification if:
(i) The major stationary source would be a nonprofit health or
nonprofit educational institution or a major modification that would
occur at such an institution; or
(ii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and such source does not belong to any
following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
(iii) The source or modification is a portable stationary source
which has previously received a permit under requirements equivalent to
those contained in paragraphs (j) through (r) of this section, if:
(a) The source proposes to relocate and emissions of the source at
the new location would be temporary; and
(b) The emissions from the source would not exceed its allowable
emissions; and
(c) The emissions from the source would impact no Class I area and
no
[[Page 215]]
area where an applicable increment is known to be violated; and
(d) Reasonable notice is given to the reviewing authority prior to
the relocation identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the reviewing authority not less than 10 days in advance of the proposed
relocation unless a different time duration is previously approved by
the reviewing authority.
(2) The plan may provide that requirements equivalent to those
contained in paragraphs (j) through (r) of this section do not apply to
a major stationary source or major modification with respect to a
particular pollutant if the owner or operator demonstrates that, as to
that pollutant, the source or modification is located in an area
designated as nonattainment under section 107 of the Act.
(3) The plan may provide that requirements equivalent to those
contained in paragraphs (k), (m), and (o) of this section do not apply
to a proposed major stationary source or major modification with respect
to a particular pollutant, if the allowable emissions of that pollutant
from a new source, or the net emissions increase of that pollutant from
a modification, would be temporary and impact no Class I area and no
area where an applicable increment is known to be violated.
(4) The plan may provide that requirements equivalent to those
contained in paragraphs (k), (m), and (o) of this section as they relate
to any maximum allowable increase for a Class II area do not apply to a
modification of a major stationary source that was in existence on March
1, 1978, if the net increase in allowable emissions of each a regulated
NSR pollutant from the modification after the application of best
available control technology would be less than 50 tons per year.
(5) The plan may provide that the reviewing authority may exempt a
proposed major stationary source or major modification from the
requirements of paragraph (m) of this section, with respect to
monitoring for a particular pollutant, if:
(i) The emissions increase of the pollutant from a new stationary
source or the net emissions increase of the pollutant from a
modification would cause, in any area, air quality impacts less than the
following amounts:
(a) Carbon monoxide--575 ug/m\3\, 8-hour average;
(b) Nitrogen dioxide--14 ug/m\3\, annual average;
(c) Particulate matter--10 [mu]g/m\3\ of PM-10, 24-hour average.
(d) Sulfur dioxide--13 ug/m\3\, 24-hour average;
(e) Ozone; \1\
---------------------------------------------------------------------------
\1\ No de minimis air quality level is provided for ozone. However,
any net increase of 100 tons per year or more of volatile organic
compounds subject to PSD would be required to perform and ambient impact
analysis, including the gathering of ambient air quality data.
---------------------------------------------------------------------------
(f) Lead--0.1 [mu]g/m\3\, 3-month average.
(g) Fluorides--0.25 [mu]g/m3, 24-hour average;
(h) Total reduced sulfur--10 [mu]g/m3, 1-hour average
(i) Hydrogen sulfide--0.2 [mu]g/m3, 1-hour average;
(j) Reduced sulfur compounds--10 [mu]g/m3, 1-hour
average; or
(ii) The concentrations of the pollutant in the area that the source
or modification would affect are less than the concentrations listed in
(i)(8)(i) of this section; or
(iii) The pollutants is not listed in paragraph (i)(8)(i) of this
section.
(6) If EPA approves a plan revision under 40 CFR 51.166 as in effect
before August 7, 1980, any subsequent revision which meets the
requirements of this section may contain transition provisions which
parallel the transition provisions of 40 CFR 52.21(i)(9), (i)(10) and
(m)(1)(v) as in effect on that date, which provisions relate to
requirements for best available control technology and air quality
analyses. Any such subsequent revision may not contain any transition
provision which in the context of the revision would operate any less
stringently than would its counterpart in 40 CFR 52.21.
(7) If EPA approves a plan revision under Sec. 51.166 as in effect
[before July 31, 1987], any subsequent revision which meets the
requirements of this section may contain transition provisions which
parallel the transition provisions of Sec. 52.21 (i)(11), and (m)(1)
(vii)
[[Page 216]]
and (viii) of this chapter as in effect on that date, these provisions
being related to monitoring requirements for particulate matter. Any
such subsequent revision may not contain any transition provision which
in the context of the revision would operate any less stringently than
would its counterpart in Sec. 52.21 of this chapter.
(8) The plan may provide that the permitting requirements equivalent
to those contained in paragraph (k)(2) of this section do not apply to a
stationary source or modification with respect to any maximum allowable
increase for nitrogen oxides if the owner or operator of the source or
modification submitted an application for a permit under the applicable
permit program approved or promulgated under the Act before the
provisions embodying the maximum allowable increase took effect as part
of the plan and the permitting authority subsequently determined that
the application as submitted before that date was complete.
(9) The plan may provide that the permitting requirements equivalent
to those contained in paragraph (k)(2) of this section shall not apply
to a stationary source or modification with respect to any maximum
allowable increase for PM-10 if (i) the owner or operator of the source
or modification submitted an application for a permit under the
applicable permit program approved under the Act before the provisions
embodying the maximum allowable increases for PM-10 took effect as part
of the plan, and (ii) the permitting authority subsequently determined
that the application as submitted before that date was complete.
Instead, the applicable requirements equivalent to paragraph (k)(2)
shall apply with respect to the maximum allowable increases for TSP as
in effect on the date the application was submitted.
(j) Control technology review. The plan shall provide that:
(1) A major stationary source or major modification shall meet each
applicable emissions limitation under the State Implementation Plan and
each applicable emission standards and standard of performance under 40
CFR parts 60 and 61.
(2) A new major stationary source shall apply best available control
technology for each a regulated NSR pollutant that it would have the
potential to emit in significant amounts.
(3) A major modification shall apply best available control
technology for each a 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.
(4) For phased construction projects, the determination of best
available control technology shall be reviewed and modified as
appropriate at the least reasonable time which occurs no later than 18
months prior to commencement of construction of each independent phase
of the project. At such time, the owner or operator of the applicable
stationary source may be required to demonstrate the adequacy of any
previous determination of best available control technology for the
source.
(k) Source impact analysis. The plan shall provide that the owner or
operator of the proposed source or modification shall demonstrate that
allowable emission increases from the proposed source or modification,
in conjunction with all other applicable emissions increases or
reduction (including secondary emissions) would not cause or contribute
to air pollution in violation of:
(1) Any national ambient air quality standard in any air quality
control region; or
(2) Any applicable maximum allowable increase over the baseline
concentration in any area.
(l) Air quality models. The plan shall provide for procedures which
specify that--
(1) All applications of air quality modeling involved in this
subpart shall be based on the applicable models, data bases, and other
requirements specified in appendix W of this part (Guideline on Air
Quality Models).
[[Page 217]]
(2) Where an air quality model specified in appendix W of this part
(Guideline on Air Quality Models) is inappropriate, the model may be
modified or another model substituted. Such a modification or
substitution of a model may be made on a case-by-case basis or, where
appropriate, on a generic basis for a specific State program. Written
approval of the Administrator must be obtained for any modification or
substitution. In addition, use of a modified or substituted model must
be subject to notice and opportunity for public comment under procedures
set forth in Sec. 51.102.
(m) Air quality analysis--(1) Preapplication analysis. (i) The plan
shall provide that any application for a permit under regulations
approved pursuant to this section shall contain an analysis of ambient
air quality in the area that the major stationary source or major
modification would affect for each of the following pollutants:
(a) For the source, each pollutant that it would have the potential
to emit in a significant amount;
(b) For the modification, each pollutant for which it would result
in a significant net emissions increase.
(ii) The plan shall provide that, with respect to any such pollutant
for which no National Ambient Air Quality Standard exists, the analysis
shall contain such air quality monitoring data as the reviewing
authority determines is necessary to assess ambient air quality for that
pollutant in any area that the emissions of that pollutant would affect.
(iii) The plan shall provide that with respect to any such pollutant
(other than nonmethane hydrocarbons) for which such a standard does
exist, the analysis shall contain continuous air quality monitoring data
gathered for purposes of determining whether emissions of that pollutant
would cause or contribute to a violation of the standard or any maxiumum
allowable increase.
(iv) The plan shall provide that, in general, the continuous air
monitoring data that is required shall have been gathered over a period
of one year and shall represent the year preceding receipt of the
application, except that, if the reviewing authority determines that a
complete and adequate analysis can be accomplished with monitoring data
gathered over a period shorter than one year (but not to be less than
four months), the data that is required shall have been gathered over at
least that shorter period.
(v) The plan may provide that the owner or operator of a proposed
major stationary source or major modification of volatile organic
compounds who satisfies all conditions of 40 CFR part 51 appendix S,
section IV may provide postapproval monitoring data for ozone in lieu of
providing preconstruction data as required under paragraph (m)(1) of
this section.
(2) Post-construction monitoring. The plan shall provide that the
owner or operator of a major stationary source or major modification
shall, after construction of the stationary source or modification,
conduct such ambient monitoring as the reviewing authority determines is
necessary to determine the effect emissions from the stationary source
or modification may have, or are having, on air quality in any area.
(3) Operation of monitoring stations. The plan shall provide that
the owner or operator of a major stationary source or major modification
shall meet the requirements of appendix B to part 58 of this chapter
during the operation of monitoring stations for purposes of satisfying
paragraph (m) of this section.
(n) Source information. (1) The plan shall provide that the owner or
operator of a proposed source or modification shall submit all
information necessary to perform any analysis or make any determination
required under procedures established in accordance with this section.
(2) The plan may provide that such information shall include:
(i) A description of the nature, location, design capacity, and
typical operating schedule of the source or modification, including
specifications and drawings showing its design and plant layout;
(ii) A detailed schedule for construction of the source or
modification;
[[Page 218]]
(iii) A detailed description as to what system of continuous
emission reduction is planned by the source or modification, emission
estimates, and any other information as necessary to determine that best
available control technology as applicable would be applied;
(3) The plan shall provide that upon request of the State, the owner
or operator shall also provide information on:
(i) The air quality impact of the source or modification, including
meteorological and topographical data necessary to estimate such impact;
and
(ii) The air quality impacts and the nature and extent of any or all
general commercial, residential, industrial, and other growth which has
occurred since August 7, 1977, in the area the source or modification
would affect.
(o) Additional impact analyses. The plan shall provide that--
(1) The owner or operator shall provide an analysis of the
impairment to visibility, soils, and vegetation that would occur as a
result of the source or modification and general commercial,
residential, industrial, and other growth associated with the source or
modification. The owner or operator need not provide an analysis of the
impact on vegetation having no significant commercial or recreational
value.
(2) The owner or operator shall provide an analysis of the air
quality impact projected for the area as a result of general commercial,
residential, industrial, and other growth associated with the source or
modification.
(p) Sources impacting Federal Class I areas--additional
requirements--(1) Notice to EPA. The plan shall provide that the
reviewing authority shall transmit to the Administrator a copy of each
permit application relating to a major stationary source or major
modification and provide notice to the Administrator of every action
related to the consideration of such permit.
(2) Federal Land Manager. The Federal Land Manager and the Federal
official charged with direct responsibility for management of Class I
lands have an affirmative responsibility to protect the air quality
related values (including visibility) of any such lands and to consider,
in consultation with the Administrator, whether a proposed source or
modification would have an adverse impact on such values.
(3) Denial--impact on air quality related values. The plan shall
provide a mechanism whereby a Federal Land Manager of any such lands may
present to the State, after the reviewing authority's preliminary
determination required under procedures developed in accordance with
paragraph (r) of this section, a demonstration that the emissions from
the proposed source or modification would have an adverse impact on the
air quality-related values (including visibility) of any Federal
mandatory Class I lands, notwithstanding that the change in air quality
resulting from emissions from such source or modification would not
cause or contribute to concentrations which would exceed the maximum
allowable increases for a Class I area. If the State concurs with such
demonstration, the reviewing authority shall not issue the permit.
(4) Class I Variances. The plan may provide that the owner or
operator of a proposed source or modification may demonstrate to the
Federal Land Manager that the emissions from such source would have no
adverse impact on the air quality related values of such lands
(including visibility), notwithstanding that the change in air quality
resulting from emissions from such source or modification would cause or
contribute to concentrations which would exceed the maximum allowable
increases for a Class I area. If the Federal land manager concurs with
such demonstration and so certifies to the State, the reviewing
authority may: Provided, That applicable requirements are otherwise met,
issue the permit with such emission limitations as may be necessary to
assure that emissions of sulfur dioxide, particulate matter, and
nitrogen oxides would not exceed the following maximum allowable
increases over minor source baseline concentration for such pollutants:
------------------------------------------------------------------------
Maximum
allowable
increase
Pollutant (micrograms
per cubic
meter)
------------------------------------------------------------------------
Particulate matter:
PM-10, annual arithmetic mean.......................... 17
PM-10, 24-hour maximum................................. 30
[[Page 219]]
Sulfur dioxide:
Annual arithmetic mean................................. 20
24-hr maximum.......................................... 91
3-hr maximum........................................... 325
Nitrogen dioxide: Annual arithmetic mean................... 25
------------------------------------------------------------------------
(5) Sulfur dioxide variance by Governor with Federal Land Manager's
concurrence. The plan may provide that--
(i) The owner or operator of a proposed source or modification which
cannot be approved under procedures developed pursuant to paragraph
(q)(4) of this section may demonstrate to the Governor that the source
or modification cannot be constructed by reason of any maximum allowable
increase for sulfur dioxide for periods of twenty-four hours or less
applicable to any Class I area and, in the case of Federal mandatory
Class I areas, that a variance under this clause would not adversely
affect the air quality related values of the area (including
visibility);
(ii) The Governor, after consideration of the Federal Land Manager's
recommendation (if any) and subject to his concurrence, may grant, after
notice and an opportunity for a public hearing, a variance from such
maximum allowable increase; and
(iii) If such variance is granted, the reviewing authority may issue
a permit to such source or modification in accordance with provisions
developed pursuant to paragraph (q)(7) of this section: Provided, That
the applicable requirements of the plan are otherwise met.
(6) Variance by the Governor with the President's concurrence. The
plan may provide that--
(i) The recommendations of the Governor and the Federal Land Manager
shall be transferred to the President in any case where the Governor
recommends a variance in which the Federal Land Manager does not concur;
(ii) The President may approve the Governor's recommendation if he
finds that such variance is in the national interest; and
(iii) If such a variance is approved, the reviewing authority may
issue a permit in accordance with provisions developed pursuant to the
requirements of paragraph (q)(7) of this section: Provided, That the
applicable requirements of the plan are otherwise met.
(7) Emission limitations for Presidential or gubernatorial variance.
The plan shall provide that in the case of a permit issued under
procedures developed pursuant to paragraph (q) (5) or (6) of this
section, the source or modification shall comply with emission
limitations as may be necessary to assure that emissions of sulfur
dioxide from the source or modification would not (during any day on
which the otherwise applicable maximum allowable increases are exceeded)
cause or contribute to concentrations which would exceed the following
maximum allowable increases over the baseline concentration and to
assure that such emissions would not cause or contribute to
concentrations which exceed the otherwise applicable maximum allowable
increases for periods of exposure of 24 hours or less for more than 18
days, not necessarily consecutive, during any annual period:
Maximum Allowable Increase
[Micrograms per cubic meter]
------------------------------------------------------------------------
Terrain areas
Period of exposure -----------------
Low High
------------------------------------------------------------------------
24-hr maximum......................................... 36 62
3-hr maximum.......................................... 130 221
------------------------------------------------------------------------
(q) Public participation. The plan shall provide that--
(1) The reviewing authority shall notify all applicants within a
specified time period as to the completeness of the application or any
deficiency in the application or information submitted. In the event of
such a deficiency, the date of receipt of the application shall be the
date on which the reviewing authority received all required information.
(2) Within one year after receipt of a complete application, the
reviewing authority shall:
(i) Make a preliminary determination whether construction should be
approved, approved with conditions, or disapproved.
[[Page 220]]
(ii) Make available in at least one location in each region in which
the proposed source would be constructed a copy of all materials the
applicant submitted, a copy of the preliminary determination, and a copy
or summary of other materials, if any, considered in making the
preliminary determination.
(iii) Notify the public, by advertisement in a newspaper of general
circulation in each region in which the proposed source would be
constructed, of the application, the preliminary determination, the
degree of increment consumption that is expected from the source or
modification, and of the opportunity for comment at a public hearing as
well as written public comment.
(iv) Send a copy of the notice of public comment to the applicant,
the Administrator and to officials and agencies having cognizance over
the location where the proposed construction would occur as follows: Any
other State or local air pollution control agencies, the chief
executives of the city and county where the source would be located; any
comprehensive regional land use planning agency, and any State, Federal
Land Manager, or Indian Governing body whose lands may be affected by
emissions from the source or modification.
(v) Provide opportunity for a public hearing for interested persons
to appear and submit written or oral comments on the air quality impact
of the source, alternatives to it, the control technology required, and
other appropriate considerations.
(vi) Consider all written comments submitted within a time specified
in the notice of public comment and all comments received at any public
hearing(s) in making a final decision on the approvability of the
application. The reviewing authority shall make all comments available
for public inspection in the same locations where the reviewing
authority made available preconstruction information relating to the
proposed source or modification.
(vii) Make a final determination whether construction should be
approved, approved with conditions, or disapproved.
(viii) Notify the applicant in writing of the final determination
and make such notification available for public inspection at the same
location where the reviewing authority made available preconstruction
information and public comments relating to the source.
(r) Source obligation. (1) The plan shall include enforceable
procedures to provide that approval to construct shall not relieve any
owner or operator of the responsibility to comply fully with applicable
provisions of the plan and any other requirements under local, State or
Federal law.
(2) The plan shall provide that at such time that a particular
source or modification becomes a major stationary source or major
modification solely by virtue of a relaxation in any enforceable
limitation which was established after August 7, 1980, on the capacity
of the source or modification otherwise to emit a pollutant, such as a
restriction on hours of operation, then the requirements of paragraphs
(j) through (s) of this section shall apply to the source or
modification as though construction had not yet commenced on the source
or modification.
(3)-(5) [Reserved]
(6) Each plan shall provide that the following specific provisions
apply to projects at existing emissions units at a major stationary
source (other than projects at a Clean Unit or at a source with a PAL)
in circumstances where there is a reasonable possibility that a project
that is not a part of a major modification may result in a significant
emissions increase and the owner or operator elects to use the method
specified in paragraphs (b)(40)(ii)(a) through (c) of this section for
calculating projected actual emissions. Deviations from these provisions
will be approved only if the State specifically demonstrates that the
submitted provisions are more stringent than or at least as stringent in
all respects as the corresponding provisions in paragraphs (r)(6)(i)
through (v) of this section.
(i) Before beginning actual construction of the project, the owner
or operator shall document and maintain a record of the following
information:
(a) A description of the project;
(b) Identification of the emissions unit(s) whose emissions of a
regulated
[[Page 221]]
NSR pollutant could be affected by the project; and
(c) A description of the applicability test used to determine that
the project is not a major modification for any regulated NSR pollutant,
including the baseline actual emissions, the projected actual emissions,
the amount of emissions excluded under paragraph (b)(40)(ii)(c) of this
section and an explanation for why such amount was excluded, and any
netting calculations, if applicable.
(ii) If the emissions unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information set out in paragraph
(r)(6)(i) of this section to the reviewing authority. Nothing in this
paragraph (r)(6)(ii) shall be construed to require the owner or operator
of such a unit to obtain any determination from the reviewing authority
before beginning actual construction.
(iii) The owner or operator shall monitor the emissions of any
regulated NSR pollutant that could increase as a result of the project
and that is emitted by any emissions unit identified in paragraph
(r)(6)(i)(b) of this section; and calculate and maintain a record of the
annual emissions, in tons per year on a calendar year basis, for a
period of 5 years following resumption of regular operations after the
change, or for a period of 10 years following resumption of regular
operations after the change if the project increases the design capacity
or potential to emit of that regulated NSR pollutant at such emissions
unit.
(iv) If the unit is an existing electric utility steam generating
unit, the owner or operator shall submit a report to the reviewing
authority within 60 days after the end of each year during which records
must be generated under paragraph (r)(6)(iii) of this section setting
out the unit's annual emissions during the calendar year that preceded
submission of the report.
(v) If the unit is an existing unit other than an electric utility
steam generating unit, the owner or operator shall submit a report to
the reviewing authority if the annual emissions, in tons per year, from
the project identified in paragraph (r)(6)(i) of this section, exceed
the baseline actual emissions (as documented and maintained pursuant to
paragraph (r)(6)(i)(c) of this section) by a significant amount (as
defined in paragraph (b)(23) of this section) for that regulated NSR
pollutant, and if such emissions differ from the preconstruction
projection as documented and maintained pursuant to paragraph
(r)(6)(i)(c) of this section. Such report shall be submitted to the
reviewing authority within 60 days after the end of such year. The
report shall contain the following:
(a) The name, address and telephone number of the major stationary
source;
(b) The annual emissions as calculated pursuant to paragraph
(r)(6)(iii) of this section; and
(c) Any other information that the owner or operator wishes to
include in the report (e.g., an explanation as to why the emissions
differ from the preconstruction projection).
(7) Each plan shall provide that the owner or operator of the source
shall make the information required to be documented and maintained
pursuant to paragraph (r)(6) of this section available for review upon
request for inspection by the reviewing authority or the general public
pursuant to the requirements contained in Sec. 70.4(b)(3)(viii) of this
chapter.
(s) Innovative control technology. (1) The plan may provide that an
owner or operator of a proposed major stationary source or major
modification may request the reviewing authority to approve a system of
innovative control technology.
(2) The plan may provide that the reviewing authority may, with the
consent of the Governor(s) of other affected State(s), determine that
the source or modification may employ a system of innovative control
technology, if:
(i) The proposed control system would not cause or contribute to an
unreasonable risk to public health, welfare, or safety in its operation
or function;
(ii) The owner or operator agrees to achieve a level of continuous
emissions reduction equivalent to that which would have been required
under paragraph (j)(2) of this section, by a date specified by the
reviewing authority.
[[Page 222]]
Such date shall not be later than 4 years from the time of startup or 7
years from permit issuance;
(iii) The source or modification would meet the requirements
equivalent to those in paragraphs (j) and (k) of this section, based on
the emissions rate that the stationary source employing the system of
innovative control technology would be required to meet on the date
specified by the reviewing authority;
(iv) The source or modification would not before the date specified
by the reviewing authority:
(a) Cause or contribute to any violation of an applicable national
ambient air quality standard; or
(b) Impact any area where an applicable increment is known to be
violated;
(v) All other applicable requirements including those for public
participation have been met.
(vi) The provisions of paragraph (p) of this section (relating to
Class I areas) have been satisfied with respect to all periods during
the life of the source or modification.
(3) The plan shall provide that the reviewing authority shall
withdraw any approval to employ a system of innovative control
technology made under this section, if:
(i) The proposed system fails by the specified date to achieve the
required continuous emissions reduction rate; or
(ii) The proposed system fails before the specified date so as to
contribute to an unreasonable risk to public health, welfare, or safety;
or
(iii) The reviewing authority decides at any time that the proposed
system is unlikely to achieve the required level of control or to
protect the public health, welfare, or safety.
(4) The plan may provide that if a source or modification fails to
meet the required level of continuous emissions reduction within the
specified time period, or if the approval is withdrawn in accordance
with paragraph (s)(3) of this section, the reviewing authority may allow
the source or modification up to an additional 3 years to meet the
requirement for the application of best available control technology
through use of a demonstrated system of control.
(t) Clean Unit Test for emissions units that are subject to BACT or
LAER. The plan shall provide an owner or operator of a major stationary
source the option of using the Clean Unit Test to determine whether
emissions increases at a Clean Unit are part of a project that is a
major modification according to the provisions in paragraphs (t)(1)
through (9) of this section.
(1) Applicability. The provisions of this paragraph (t) apply to any
emissions unit for which the reviewing authority has issued a major NSR
permit within the past 10 years.
(2) General provisions for Clean Units. The provisions in paragraphs
(t)(2)(i) through (iv) of this section apply to a Clean Unit.
(i) Any project for which the owner or operator begins actual
construction after the effective date of the Clean Unit designation (as
determined in accordance with paragraph (t)(4) of this section) and
before the expiration date (as determined in accordance with paragraph
(t)(5) of this section) will be considered to have occurred while the
emissions unit was a Clean Unit.
(ii) If a project at a Clean Unit does not cause the need for a
change in the emission limitations or work practice requirements in the
permit for the unit that were adopted in conjunction with BACT and the
project would not alter any physical or operational characteristics that
formed the basis for the BACT determination as specified in paragraph
(t)(6)(iv) of this section, the emissions unit remains a Clean Unit.
(iii) If a project causes the need for a change in the emission
limitations or work practice requirements in the permit for the unit
that were adopted in conjunction with BACT or the project would alter
any physical or operational characteristics that formed the basis for
the BACT determination as specified in paragraph (t)(6)(iv) of this
section, then the emissions unit loses its designation as a Clean Unit
upon issuance of the necessary permit revisions (unless the unit re-
qualifies as a Clean Unit pursuant to paragraph (t)(3)(iii) of this
section). If the owner or operator begins actual construction on the
project without first applying to revise the emissions unit's permit,
the
[[Page 223]]
Clean Unit designation ends immediately prior to the time when actual
construction begins.
(iv) A project that causes an emissions unit to lose its designation
as a Clean Unit is subject to the applicability requirements of
paragraphs (a)(7)(iv)(a) through (d) and paragraph (a)(7)(iv)(f) of this
section as if the emissions unit is not a Clean Unit.
(3) Qualifying or re-qualifying to use the Clean Unit Applicability
Test. An emissions unit automatically qualifies as a Clean Unit when the
unit meets the criteria in paragraphs (t)(3)(i) and (ii) of this
section. After the original Clean Unit designation expires in accordance
with paragraph (t)(5) of this section or is lost pursuant to paragraph
(t)(2)(iii) of this section, such emissions unit may re-qualify as a
Clean Unit under either paragraph (t)(3)(iii) of this section, or under
the Clean Unit provisions in paragraph (u) of this section. To re-
qualify as a Clean Unit under paragraph (t)(3)(iii) of this section, the
emissions unit must obtain a new major NSR permit issued through the
applicable PSD program and meet all the criteria in paragraph
(t)(3)(iii) of this section. The Clean Unit designation applies
individually for each pollutant emitted by the emissions unit.
(i) Permitting requirement. The emissions unit must have received a
major NSR permit within the past 10 years. The owner or operator must
maintain and be able to provide information that would demonstrate that
this permitting requirement is met.
(ii) Qualifying air pollution control technologies. Air pollutant
emissions from the emissions unit must be reduced through the use of air
pollution control technology (which includes pollution prevention as
defined under paragraph (b)(38) of this section or work practices) that
meets both the following requirements in paragraphs (t)(3)(ii)(a) and
(b) of this section.
(a) The control technology achieves the BACT or LAER level of
emissions reductions as determined through issuance of a major NSR
permit within the past 10 years. However, the emissions unit is not
eligible for the Clean Unit designation if the BACT determination
resulted in no requirement to reduce emissions below the level of a
standard, uncontrolled, new emissions unit of the same type.
(b) The owner or operator made an investment to install the control
technology. For the purpose of this determination, an investment
includes expenses to research the application of a pollution prevention
technique to the emissions unit or expenses to apply a pollution
prevention technique to an emissions unit.
(iii) Re-qualifying for the Clean Unit designation. The emissions
unit must obtain a new major NSR permit that requires compliance with
the current-day BACT (or LAER), and the emissions unit must meet the
requirements in paragraphs (t)(3)(i) and (t)(3)(ii) of this section.
(4) Effective date of the Clean Unit designation. The effective date
of an emissions unit's Clean Unit designation (that is, the date on
which the owner or operator may begin to use the Clean Unit Test to
determine whether a project at the emissions unit is a major
modification) is determined according to the applicable paragraph
(t)(4)(i) or (t)(4)(ii) of this section.
(i) Original Clean Unit designation, and emissions units that re-
qualify as Clean Units by implementing a new control technology to meet
current-day BACT. The effective date is the date the emissions unit's
air pollution control technology is placed into service, or 3 years
after the issuance date of the major NSR permit, whichever is earlier,
but no sooner than the date that provisions for the Clean Unit
applicability test are approved by the Administrator for incorporation
into the plan and become effective for the State in which the unit is
located.
(ii) Emissions Units that re-qualify for the Clean Unit designation
using an existing control technology. The effective date is the date the
new, major NSR permit is issued.
(5) Clean Unit expiration. An emissions unit's Clean Unit
designation expires (that is, the date on which the owner or operator
may no longer use the Clean Unit Test to determine whether a project
affecting the emissions unit is, or is part of, a major
[[Page 224]]
modification) according to the applicable paragraph (t)(5)(i) or (ii) of
this section.
(i) Original Clean Unit designation, and emissions units that re-
qualify by implementing new control technology to meet current-day BACT.
For any emissions unit that automatically qualifies as a Clean Unit
under paragraphs (t)(3)(i) and (ii) of this section or re-qualifies by
implementing new control technology to meet current-day BACT under
paragraph (t)(3)(iii) of this section, the Clean Unit designation
expires 10 years after the effective date, or the date the equipment
went into service, whichever is earlier; or, it expires at any time the
owner or operator fails to comply with the provisions for maintaining
the Clean Unit designation in paragraph (t)(7) of this section.
(ii) Emissions units that re-qualify for the Clean Unit designation
using an existing control technology. For any emissions unit that re-
qualifies as a Clean Unit under paragraph (t)(3)(iii) of this section
using an existing control technology, the Clean Unit designation expires
10 years after the effective date; or, it expires any time the owner or
operator fails to comply with the provisions for maintaining the Clean
Unit designation in paragraph (t)(7) of this section.
(6) Required title V permit content for a Clean Unit. After the
effective date of the Clean Unit designation, and in accordance with the
provisions of the applicable title V permit program under part 70 or
part 71 of this chapter, but no later than when the title V permit is
renewed, the title V permit for the major stationary source must include
the following terms and conditions related to the Clean Unit in
paragraphs (t)(6)(i) through (vi) of this section.
(i) A statement indicating that the emissions unit qualifies as a
Clean Unit and identifying the pollutant(s) for which this Clean Unit
designation applies.
(ii) The effective date of the Clean Unit designation. If this date
is not known when the Clean Unit designation is initially recorded in
the title V permit (e.g., because the air pollution control technology
is not yet in service), the permit must describe the event that will
determine the effective date (e.g., the date the control technology is
placed into service). Once the effective date is determined, the owner
or operator must notify the reviewing authority of the exact date. This
specific effective date must be added to the source's title V permit at
the first opportunity, such as a modification, revision, reopening, or
renewal of the title V permit for any reason, whichever comes first, but
in no case later than the next renewal.
(iii) The expiration date of the Clean Unit designation. If this
date is not known when the Clean Unit designation is initially recorded
into the title V permit (e.g., because the air pollution control
technology is not yet in service), then the permit must describe the
event that will determine the expiration date (e.g., the date the
control technology is placed into service). Once the expiration date is
determined, the owner or operator must notify the reviewing authority of
the exact date. The expiration date must be added to the source's title
V permit at the first opportunity, such as a modification, revision,
reopening, or renewal of the title V permit for any reason, whichever
comes first, but in no case later than the next renewal.
(iv) All emission limitations and work practice requirements adopted
in conjunction with BACT, and any physical or operational
characteristics that formed the basis for the BACT determination (e.g.,
possibly the emissions unit's capacity or throughput).
(v) Monitoring, recordkeeping, and reporting requirements as
necessary to demonstrate that the emissions unit continues to meet the
criteria for maintaining the Clean Unit designation. (See paragraph
(t)(7) of this section.)
(vi) Terms reflecting the owner or operator's duties to maintain the
Clean Unit designation and the consequences of failing to do so, as
presented in paragraph (t)(7) of this section.
(7) Maintaining the Clean Unit designation. To maintain the Clean
Unit designation, the owner or operator must conform to all the
restrictions listed in paragraphs (t)(7)(i) through (iii) of this
section. This paragraph (t)(7) applies independently to each pollutant
for which the emissions unit has the Clean
[[Page 225]]
Unit designation. That is, failing to conform to the restrictions for
one pollutant affects the Clean Unit designation only for that
pollutant.
(i) The Clean Unit must comply with the emission limitation(s) and/
or work practice requirements adopted in conjunction with the BACT that
is recorded in the major NSR permit, and subsequently reflected in the
title V permit. The owner or operator may not make a physical change in
or change in the method of operation of the Clean Unit that causes the
emissions unit to function in a manner that is inconsistent with the
physical or operational characteristics that formed the basis for the
BACT determination (e.g., possibly the emissions unit's capacity or
throughput).
(ii) The Clean Unit must comply with any terms and conditions in the
title V permit related to the unit's Clean Unit designation.
(iii) The Clean Unit must continue to control emissions using the
specific air pollution control technology that was the basis for its
Clean Unit designation. If the emissions unit or control technology is
replaced, then the Clean Unit designation ends.
(8) Netting at Clean Units. Emissions changes that occur at a Clean
Unit must not be included in calculating a significant net emissions
increase (that is, must not be used in a ``netting analysis''), unless
such use occurs before the effective date of the Clean Unit designation,
or after the Clean Unit designation expires; or, unless the emissions
unit reduces emissions below the level that qualified the unit as a
Clean Unit. However, if the Clean Unit reduces emissions below the level
that qualified the unit as a Clean Unit, then the owner or operator may
generate a credit for the difference between the level that qualified
the unit as a Clean Unit and the new emission limitation if such
reductions are surplus, quantifiable, and permanent. For purposes of
generating offsets, the reductions must also be federally enforceable.
For purposes of determining creditable net emissions increases and
decreases, the reductions must also be enforceable as a practical
matter.
(9) Effect of redesignation on the Clean Unit designation. The Clean
Unit designation of an emissions unit is not affected by redesignation
of the attainment status of the area in which it is located. That is, if
a Clean Unit is located in an attainment area and the area is
redesignated to nonattainment, its Clean Unit designation is not
affected. Similarly, redesignation from nonattainment to attainment does
not affect the Clean Unit designation. However, if an existing Clean
Unit designation expires, it must re-qualify under the requirements that
are currently applicable in the area.
(u) Clean Unit provisions for emissions units that achieve an
emission limitation comparable to BACT. The plan shall provide an owner
or operator of a major stationary source the option of using the Clean
Unit Test to determine whether emissions increases at a Clean Unit are
part of a project that is a major modification according to the
provisions in paragraphs (u)(1) through (11) of this section.
(1) Applicability. The provisions of this paragraph (u) apply to
emissions units which do not qualify as Clean Units under paragraph (t)
of this section, but which are achieving a level of emissions control
comparable to BACT, as determined by the reviewing authority in
accordance with this paragraph (u).
(2) General provisions for Clean Units. The provisions in paragraphs
(u)(2)(i) through (iv) of this section apply to a Clean Unit.
(i) Any project for which the owner or operator begins actual
construction after the effective date of the Clean Unit designation (as
determined in accordance with paragraph (u)(5) of this section) and
before the expiration date (as determined in accordance with paragraph
(u)(6) of this section) will be considered to have occurred while the
emissions unit was a Clean Unit.
(ii) If a project at a Clean Unit does not cause the need for a
change in the emission limitations or work practice requirements in the
permit for the unit that have been determined (pursuant to paragraph
(u)(4) of this section) to be comparable to BACT, and the project would
not alter any physical or operational characteristics that formed the
basis for determining that the emissions unit's control technology
[[Page 226]]
achieves a level of emissions control comparable to BACT as specified in
paragraph (u)(8)(iv) of this section, the emissions unit remains a Clean
Unit.
(iii) If a project causes the need for a change in the emission
limitations or work practice requirements in the permit for the unit
that have been determined (pursuant to paragraph (u)(4) of this section)
to be comparable to BACT, or the project would alter any physical or
operational characteristics that formed the basis for determining that
the emissions unit's control technology achieves a level of emissions
control comparable to BACT as specified in paragraph (u)(8)(iv) of this
section, then the emissions unit loses its designation as a Clean Unit
upon issuance of the necessary permit revisions (unless the unit re-
qualifies as a Clean Unit pursuant to paragraph (u)(3)(iv) of this
section). If the owner or operator begins actual construction on the
project without first applying to revise the emissions unit's permit,
the Clean Unit designation ends immediately prior to the time when
actual construction begins.
(iv) A project that causes an emissions unit to lose its designation
as a Clean Unit is subject to the applicability requirements of
paragraphs (a)(7)(iv)(a) through (d) and paragraph (a)(7)(iv)(f) of this
section as if the emissions unit is not a Clean Unit.
(3) Qualifying or re-qualifying to use the Clean Unit applicability
test. An emissions unit qualifies as a Clean Unit when the unit meets
the criteria in paragraphs (u)(3)(i) through (iii) of this section.
After the original Clean Unit designation expires in accordance with
paragraph (u)(6) of this section or is lost pursuant to paragraph
(u)(2)(iii) of this section, such emissions unit may re-qualify as a
Clean Unit under either paragraph (u)(3)(iv) of this section, or under
the Clean Unit provisions in paragraph (t) of this section. To re-
qualify as a Clean Unit under paragraph (u)(3)(iv) of this section, the
emissions unit must obtain a new permit issued pursuant to the
requirements in paragraphs (u)(7) and (8) of this section and meet all
the criteria in paragraph (u)(3)(iv) of this section. The reviewing
authority will make a separate Clean Unit designation for each pollutant
emitted by the emissions unit for which the emissions unit qualifies as
a Clean Unit.
(i) Qualifying air pollution control technologies. Air pollutant
emissions from the emissions unit must be reduced through the use of air
pollution control technology (which includes pollution prevention as
defined under paragraph (b)(38) or work practices) that meets both the
following requirements in paragraphs (u)(3)(i)(a) and (b) of this
section.
(a) The owner or operator has demonstrated that the emissions unit's
control technology is comparable to BACT according to the requirements
of paragraph (u)(4) of this section. However, the emissions unit is not
eligible for the Clean Unit designation if its emissions are not reduced
below the level of a standard, uncontrolled emissions unit of the same
type (e.g., if the BACT determinations to which it is compared have
resulted in a determination that no control measures are required).
(b) The owner or operator made an investment to install the control
technology. For the purpose of this determination, an investment
includes expenses to research the application of a pollution prevention
technique to the emissions unit or to retool the unit to apply a
pollution prevention technique.
(ii) Impact of emissions from the unit. The reviewing authority must
determine that the allowable emissions from the emissions unit will not
cause or contribute to a violation of any national ambient air quality
standard or PSD increment, or adversely impact an air quality related
value (such as visibility) that has been identified for a Federal Class
I area by a Federal Land Manager and for which information is available
to the general public.
(iii) Date of installation. An emissions unit may qualify as a Clean
Unit even if the control technology, on which the Clean Unit designation
is based, was installed before the effective date of plan requirements
to implement the requirements of this paragraph (u)(3)(iii). However,
for such emissions units, the owner or operator must apply for the Clean
Unit designation
[[Page 227]]
within 2 years after the plan requirements become effective. For
technologies installed after the plan requirements become effective, the
owner or operator must apply for the Clean Unit designation at the time
the control technology is installed.
(iv) Re-qualifying as a Clean Unit. The emissions unit must obtain a
new permit (pursuant to requirements in paragraphs (u)(7) and (8) of
this section) that demonstrates that the emissions unit's control
technology is achieving a level of emission control comparable to
current-day BACT, and the emissions unit must meet the requirements in
paragraphs (u)(3)(i)(a) and (u)(3)(ii) of this section.
(4) Demonstrating control effectiveness comparable to BACT. The
owner or operator may demonstrate that the emissions unit's control
technology is comparable to BACT for purposes of paragraph (u)(3)(i) of
this section according to either paragraph (u)(4)(i) or (ii) of this
section. Paragraph (u)(4)(iii) of this section specifies the time for
making this comparison.
(i) Comparison to previous BACT and LAER determinations. The
Administrator maintains an on-line data base of previous determinations
of RACT, BACT, and LAER in the RACT/BACT/LAER Clearinghouse (RBLC). The
emissions unit's control technology is presumed to be comparable to BACT
if it achieves an emission limitation that is equal to or better than
the average of the emission limitations achieved by all the sources for
which a BACT or LAER determination has been made within the preceding 5
years and entered into the RBLC, and for which it is technically
feasible to apply the BACT or LAER control technology to the emissions
unit. The reviewing authority shall also compare this presumption to any
additional BACT or LAER determinations of which it is aware, and shall
consider any information on achieved-in-practice pollution control
technologies provided during the public comment period, to determine
whether any presumptive determination that the control technology is
comparable to BACT is correct.
(ii) The substantially-as-effective test. The owner or operator may
demonstrate that the emissions unit's control technology is
substantially as effective as BACT. In addition, any other person may
present evidence related to whether the control technology is
substantially as effective as BACT during the public participation
process required under paragraph (u)(7) of this section. The reviewing
authority shall consider such evidence on a case-by-case basis and
determine whether the emissions unit's air pollution control technology
is substantially as effective as BACT.
(iii) Time of comparison--(a) Emissions units with control
technologies that are installed before the effective date of plan
requirements implementing this paragraph. The owner or operator of an
emissions unit whose control technology is installed before the
effective date of plan requirements implementing this paragraph (u) may,
at its option, either demonstrate that the emission limitation achieved
by the emissions unit's control technology is comparable to the BACT
requirements that applied at the time the control technology was
installed, or demonstrate that the emission limitation achieved by the
emissions unit's control technology is comparable to current-day BACT
requirements. The expiration date of the Clean Unit designation will
depend on which option the owner or operator uses, as specified in
paragraph (u)(6) of this section.
(b) Emissions units with control technologies that are installed
after the effective date of plan requirements implementing this
paragraph. The owner or operator must demonstrate that the emission
limitation achieved by the emissions unit's control technology is
comparable to current-day BACT requirements.
(5) Effective date of the Clean Unit designation. The effective date
of an emissions unit's Clean Unit designation (that is, the date on
which the owner or operator may begin to use the Clean Unit Test to
determine whether a project involving the emissions unit is a major
modification) is the date that the permit required by paragraph (u)(7)
of this section is issued or the date that the emissions unit's air
pollution control technology is placed into service, whichever is later.
[[Page 228]]
(6) Clean Unit expiration. If the owner or operator demonstrates
that the emission limitation achieved by the emissions unit's control
technology is comparable to the BACT requirements that applied at the
time the control technology was installed, then the Clean Unit
designation expires 10 years from the date that the control technology
was installed. For all other emissions units, the Clean Unit designation
expires 10 years from the effective date of the Clean Unit designation,
as determined according to paragraph (u)(5) of this section. In
addition, for all emissions units, the Clean Unit designation expires
any time the owner or operator fails to comply with the provisions for
maintaining the Clean Unit designation in paragraph (u)(9) of this
section.
(7) Procedures for designating emissions units as Clean Units. The
reviewing authority shall designate an emissions unit a Clean Unit only
by issuing a permit through a permitting program that has been approved
by the Administrator and that conforms with the requirements of
Secs. 51.160 through 51.164 of this chapter, including requirements for
public notice of the proposed Clean Unit designation and opportunity for
public comment. Such permit must also meet the requirements in paragraph
(u)(8) of this section.
(8) Required permit content. The permit required by paragraph (u)(7)
of this section shall include the terms and conditions set forth in
paragraphs (u)(8)(i) through (vi). Such terms and conditions shall be
incorporated into the major stationary source's title V permit in
accordance with the provisions of the applicable title V permit program
under part 70 or part 71 of this chapter, but no later than when the
title V permit is renewed.
(i) A statement indicating that the emissions unit qualifies as a
Clean Unit and identifying the pollutant(s) for which the Clean Unit
designation applies.
(ii) The effective date of the Clean Unit designation. If this date
is not known when the reviewing authority issues the permit (e.g.,
because the air pollution control technology is not yet in service),
then the permit must describe the event that will determine the
effective date (e.g., the date the control technology is placed into
service). Once the effective date is known, then the owner or operator
must notify the reviewing authority of the exact date. This specific
effective date must be added to the source's title V permit at the first
opportunity, such as a modification, revision, reopening, or renewal of
the title V permit for any reason, whichever comes first, but in no case
later than the next renewal.
(iii) The expiration date of the Clean Unit designation. If this
date is not known when the reviewing authority issues the permit (e.g.,
because the air pollution control technology is not yet in service),
then the permit must describe the event that will determine the
expiration date (e.g., the date the control technology is placed into
service). Once the expiration date is known, then the owner or operator
must notify the reviewing authority of the exact date. The expiration
date must be added to the source's title V permit at the first
opportunity, such as a modification, revision, reopening, or renewal of
the title V permit for any reason, whichever comes first, but in no case
later than the next renewal.
(iv) All emission limitations and work practice requirements adopted
in conjunction with emission limitations necessary to assure that the
control technology continues to achieve an emission limitation
comparable to BACT, and any physical or operational characteristics that
formed the basis for determining that the emissions unit's control
technology achieves a level of emissions control comparable to BACT
(e.g., possibly the emissions unit's capacity or throughput).
(v) Monitoring, recordkeeping, and reporting requirements as
necessary to demonstrate that the emissions unit continues to meet the
criteria for maintaining its Clean Unit designation. (See paragraph
(u)(9) of this section.)
(vi) Terms reflecting the owner or operator's duties to maintain the
Clean Unit designation and the consequences of failing to do so, as
presented in paragraph (u)(9) of this section.
(9) Maintaining the Clean Unit designation. To maintain the Clean
Unit designation, the owner or operator must
[[Page 229]]
conform to all the restrictions listed in paragraphs (u)(9)(i) through
(v) of this section. This paragraph (u)(9) applies independently to each
pollutant for which the reviewing authority has designated the emissions
unit a Clean Unit. That is, failing to conform to the restrictions for
one pollutant affects the Clean Unit designation only for that
pollutant.
(i) The Clean Unit must comply with the emission limitation(s) and/
or work practice requirements adopted to ensure that the control
technology continues to achieve emission control comparable to BACT.
(ii) The owner or operator may not make a physical change in or
change in the method of operation of the Clean Unit that causes the
emissions unit to function in a manner that is inconsistent with the
physical or operational characteristics that formed the basis for the
determination that the control technology is achieving a level of
emission control that is comparable to BACT (e.g., possibly the
emissions unit's capacity or throughput).
(iii) [Reserved]
(iv) The Clean Unit must comply with any terms and conditions in the
title V permit related to the unit's Clean Unit designation.
(v) The Clean Unit must continue to control emissions using the
specific air pollution control technology that was the basis for its
Clean Unit designation. If the emissions unit or control technology is
replaced, then the Clean Unit designation ends.
(10) Netting at Clean Units. Emissions changes that occur at a Clean
Unit must not be included in calculating a significant net emissions
increase (that is, must not be used in a ``netting analysis'') unless
such use occurs before the effective date of plan requirements adopted
to implement this paragraph (u) or after the Clean Unit designation
expires; or, unless the emissions unit reduces emissions below the level
that qualified the unit as a Clean Unit. However, if the Clean Unit
reduces emissions below the level that qualified the unit as a Clean
Unit, then the owner or operator may generate a credit for the
difference between the level that qualified the unit as a Clean Unit and
the emissions unit's new emission limitation if such reductions are
surplus, quantifiable, and permanent. For purposes of generating
offsets, the reductions must also be federally enforceable. For purposes
of determining creditable net emissions increases and decreases, the
reductions must also be enforceable as a practical matter.
(11) Effect of redesignation on the Clean Unit designation. The
Clean Unit designation of an emissions unit is not affected by
redesignation of the attainment designation of the area in which it is
located. That is, if a Clean Unit is located in an attainment area and
the area is redesignated to nonattainment, its Clean Unit designation is
not affected. Similarly, redesignation from nonattainment to attainment
does not affect the Clean Unit designation. However, if a Clean Unit's
designation expires or is lost pursuant to paragraphs (t)(2)(iii) and
(u)(2)(iii) of this section, it must re-qualify under the requirements
that are currently applicable.
(v) PCP exclusion procedural requirements. Each plan shall include
provisions for PCPs equivalent to those contained in paragraphs (v)(1)
through (6) of this section.
(1) Before an owner or operator begins actual construction of a PCP,
the owner or operator must either submit a notice to the reviewing
authority if the project is listed in paragraphs (b)(31)(i) through (vi)
of this section, or if the project is not listed in paragraphs
(b)(31)(i) through (vi) of this section, then the owner or operator must
submit a permit application and obtain approval to use the PCP exclusion
from the reviewing authority consistent with the requirements in
paragraph (v)(5) of this section. Regardless of whether the owner or
operator submits a notice or a permit application, the project must meet
the requirements in paragraph (v)(2) of this section, and the notice or
permit application must contain the information required in paragraph
(v)(3) of this section.
(2) Any project that relies on the PCP exclusion must meet the
requirements in paragraphs (v)(2)(i) and (ii) of this section.
(i) Environmentally beneficial analysis. The environmental benefit
from the emission reductions of pollutants regulated under the Act must
outweigh the
[[Page 230]]
environmental detriment of emissions increases in pollutants regulated
under the Act. A statement that a technology from paragraphs (b)(31)(i)
through (vi) of this section is being used shall be presumed to satisfy
this requirement.
(ii) Air quality analysis. The emissions increases from the project
will not cause or contribute to a violation of any national ambient air
quality standard or PSD increment, or adversely impact an air quality
related value (such as visibility) that has been identified for a
Federal Class I area by a Federal Land Manager and for which information
is available to the general public.
(3) Content of notice or permit application. In the notice or permit
application sent to the reviewing authority, the owner or operator must
include, at a minimum, the information listed in paragraphs (v)(3)(i)
through (v) of this section.
(i) A description of the project.
(ii) The potential emissions increases and decreases of any
pollutant regulated under the Act and the projected emissions increases
and decreases using the methodology in paragraph (a)(7)(vi) of this
section, that will result from the project, and a copy of the
environmentally beneficial analysis required by paragraph (v)(2)(i) of
this section.
(iii) A description of monitoring and recordkeeping, and all other
methods, to be used on an ongoing basis to demonstrate that the project
is environmentally beneficial. Methods should be sufficient to meet the
requirements in part 70 and part 71.
(iv) A certification that the project will be designed and operated
in a manner that is consistent with proper industry and engineering
practices, in a manner that is consistent with the environmentally
beneficial analysis and air quality analysis required by paragraphs
(v)(2)(i) and (ii) of this section, with information submitted in the
notice or permit application, and in such a way as to minimize, within
the physical configuration and operational standards usually associated
with the emissions control device or strategy, emissions of collateral
pollutants.
(v) Demonstration that the PCP will not have an adverse air quality
impact (e.g., modeling, screening level modeling results, or a statement
that the collateral emissions increase is included within the parameters
used in the most recent modeling exercise) as required by paragraph
(v)(2)(ii) of this section. An air quality impact analysis is not
required for any pollutant that will not experience a significant
emissions increase as a result of the project.
(4) Notice process for listed projects. For projects listed in
paragraphs (b)(31)(i) through (vi) of this section, the owner or
operator may begin actual construction of the project immediately after
notice is sent to the reviewing authority (unless otherwise prohibited
under requirements of the applicable plan). The owner or operator shall
respond to any requests by its reviewing authority for additional
information that the reviewing authority determines is necessary to
evaluate the suitability of the project for the PCP exclusion.
(5) Permit process for unlisted projects. Before an owner or
operator may begin actual construction of a PCP project that is not
listed in paragraphs (b)(31)(i) through (vi) of this section, the
project must be approved by the reviewing authority and recorded in a
plan-approved permit or title V permit using procedures that are
consistent with Secs. 51.160 and 51.161 of this chapter. This includes
the requirement that the reviewing authority provide the public with
notice of the proposed approval, with access to the environmentally
beneficial analysis and the air quality analysis, and provide at least a
30-day period for the public and the Administrator to submit comments.
The reviewing authority must address all material comments received by
the end of the comment period before taking final action on the permit.
(6) Operational requirements. Upon installation of the PCP, the
owner or operator must comply with the requirements of paragraphs
(v)(6)(i) through (iv) of this section.
(i) General duty. The owner or operator must operate the PCP
consistent with proper industry and engineering practices, in a manner
that is consistent with the environmentally beneficial analysis and air
quality analysis required by paragraphs (v)(2)(i) and (ii)
[[Page 231]]
of this section, with information submitted in the notice or permit
application required by paragraph (v)(3), and in such a way as to
minimize, within the physical configuration and operational standards
usually associated with the emissions control device or strategy,
emissions of collateral pollutants.
(ii) Recordkeeping. The owner or operator must maintain copies on
site of the environmentally beneficial analysis, the air quality impacts
analysis, and monitoring and other emission records to prove that the
PCP operated consistent with the general duty requirements in paragraph
(v)(6)(i) of this section.
(iii) Permit requirements. The owner or operator must comply with
any provisions in the plan-approved permit or title V permit related to
use and approval of the PCP exclusion.
(iv) Generation of Emission Reduction Credits. Emission reductions
created by a PCP shall not be included in calculating a significant net
emissions increase unless the emissions unit further reduces emissions
after qualifying for the PCP exclusion (e.g., taking an operational
restriction on the hours of operation.) The owner or operator may
generate a credit for the difference between the level of reduction
which was used to qualify for the PCP exclusion and the new emission
limitation if such reductions are surplus, quantifiable, and permanent.
For purposes of generating offsets, the reductions must also be
federally enforceable. For purposes of determining creditable net
emissions increases and decreases, the reductions must also be
enforceable as a practical matter.
(w) Actuals PALs. The plan shall provide for PALs according to the
provisions in paragraphs (w)(1) through (15) of this section.
(1) Applicability. (i) The reviewing authority may approve the use
of an actuals PAL for any existing major stationary source if the PAL
meets the requirements in paragraphs (w)(1) through (15) of this
section. The term ``PAL'' shall mean ``actuals PAL'' throughout
paragraph (w) of this section.
(ii) Any physical change in or change in the method of operation of
a major stationary source that maintains its total source-wide emissions
below the PAL level, meets the requirements in paragraphs (w)(1) through
(15) of this section, and complies with the PAL permit:
(a) Is not a major modification for the PAL pollutant;
(b) Does not have to be approved through the plan's major NSR
program; and
(c) Is not subject to the provisions in paragraph (r)(2) of this
section (restrictions on relaxing enforceable emission limitations that
the major stationary source used to avoid applicability of the major NSR
program).
(iii) Except as provided under paragraph (w)(1)(ii)(c) of this
section, a major stationary source shall continue to comply with all
applicable Federal or State requirements, emission limitations, and work
practice requirements that were established prior to the effective date
of the PAL.
(2) Definitions. The plan shall use the definitions in paragraphs
(w)(2)(i) through (xi) of this section for the purpose of developing and
implementing regulations that authorize the use of actuals PALs
consistent with paragraphs (w)(1) through (15) of this section. When a
term is not defined in these paragraphs, it shall have the meaning given
in paragraph (b) of this section or in the Act.
(i) Actuals PAL for a major stationary source means a PAL based on
the baseline actual emissions (as defined in paragraph (b)(47) of this
section) of all emissions units (as defined in paragraph (b)(7) of this
section) at the source, that emit or have the potential to emit the PAL
pollutant.
(ii) Allowable emissions means ``allowable emissions'' as defined in
paragraph (b)(16) of this section, except as this definition is modified
according to paragraphs (w)(2)(ii)(a) and (b) of this section.
(a) The allowable emissions for any emissions unit shall be
calculated considering any emission limitations that are enforceable as
a practical matter on the emissions unit's potential to emit.
[[Page 232]]
(b) An emissions unit's potential to emit shall be determined using
the definition in paragraph (b)(4) of this section, except that the
words ``or enforceable as a practical matter'' should be added after
``federally enforceable.''
(iii) Small emissions unit means an emissions unit that emits or has
the potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant, as defined in paragraph
(b)(23) of this section or in the Act, whichever is lower.
(iv) Major emissions unit means:
(a) Any emissions unit that emits or has the potential to emit 100
tons per year or more of the PAL pollutant in an attainment area; or
(b) Any emissions unit that emits or has the potential to emit the
PAL pollutant in an amount that is equal to or greater than the major
source threshold for the PAL pollutant as defined by the Act for
nonattainment areas. For example, in accordance with the definition of
major stationary source in section 182(c) of the Act, an emissions unit
would be a major emissions unit for VOC if the emissions unit is located
in a serious ozone nonattainment area and it emits or has the potential
to emit 50 or more tons of VOC per year.
(v) Plantwide applicability limitation (PAL) means an emission
limitation expressed in tons per year, for a pollutant at a major
stationary source, that is enforceable as a practical matter and
established source-wide in accordance with paragraphs (w)(1) through
(15) of this section.
(vi) PAL effective date generally means the date of issuance of the
PAL permit. However, the PAL effective date for an increased PAL is the
date any emissions unit that is part of the PAL major modification
becomes operational and begins to emit the PAL pollutant.
(vii) PAL effective period means the period beginning with the PAL
effective date and ending 10 years later.
(viii) PAL major modification means, notwithstanding paragraphs
(b)(2) and (b)(3) of this section (the definitions for major
modification and net emissions increase), any physical change in or
change in the method of operation of the PAL source that causes it to
emit the PAL pollutant at a level equal to or greater than the PAL.
(ix) PAL permit means the major NSR permit, the minor NSR permit, or
the State operating permit under a program that is approved into the
plan, or the title V permit issued by the reviewing authority that
establishes a PAL for a major stationary source.
(x) PAL pollutant means the pollutant for which a PAL is established
at a major stationary source.
(xi) Significant emissions unit means an emissions unit that emits
or has the potential to emit a PAL pollutant in an amount that is equal
to or greater than the significant level (as defined in paragraph
(b)(23) of this section or in the Act, whichever is lower) for that PAL
pollutant, but less than the amount that would qualify the unit as a
major emissions unit as defined in paragraph (w)(2)(iv) of this section.
(3) Permit application requirements. As part of a permit application
requesting a PAL, the owner or operator of a major stationary source
shall submit the following information in paragraphs (w)(3)(i) through
(iii) of this section to the reviewing authority for approval.
(i) A list of all emissions units at the source designated as small,
significant or major based on their potential to emit. In addition, the
owner or operator of the source shall indicate which, if any, Federal or
State applicable requirements, emission limitations, or work practices
apply to each unit.
(ii) Calculations of the baseline actual emissions (with supporting
documentation). Baseline actual emissions are to include emissions
associated not only with operation of the unit, but also emissions
associated with startup, shutdown, and malfunction.
(iii) The calculation procedures that the major stationary source
owner or operator proposes to use to convert the monitoring system data
to monthly emissions and annual emissions based on a 12-month rolling
total for each month as required by paragraph (w)(13)(i) of this
section.
(4) General requirements for establishing PALs. (i) The plan allows
the reviewing authority to establish a PAL at a major stationary source,
provided that at a minimum, the requirements
[[Page 233]]
in paragraphs (w)(4)(i)(a) through (g) of this section are met.
(a) The PAL shall impose an annual emission limitation in tons per
year, that is enforceable as a practical matter, for the entire major
stationary source. For each month during the PAL effective period after
the first 12 months of establishing a PAL, the major stationary source
owner or operator shall show that the sum of the monthly emissions from
each emissions unit under the PAL for the previous 12 consecutive months
is less than the PAL (a 12-month average, rolled monthly). For each
month during the first 11 months from the PAL effective date, the major
stationary source owner or operator shall show that the sum of the
preceding monthly emissions from the PAL effective date for each
emissions unit under the PAL is less than the PAL.
(b) The PAL shall be established in a PAL permit that meets the
public participation requirements in paragraph (w)(5) of this section.
(c) The PAL permit shall contain all the requirements of paragraph
(w)(7) of this section.
(d) The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant at the major stationary source.
(e) Each PAL shall regulate emissions of only one pollutant.
(f) Each PAL shall have a PAL effective period of 10 years.
(g) The owner or operator of the major stationary source with a PAL
shall comply with the monitoring, recordkeeping, and reporting
requirements provided in paragraphs (w)(12) through (14) of this section
for each emissions unit under the PAL through the PAL effective period.
(ii) At no time (during or after the PAL effective period) are
emissions reductions of a PAL pollutant that occur during the PAL
effective period creditable as decreases for purposes of offsets under
Sec. 51.165(a)(3)(ii) of this chapter unless the level of the PAL is
reduced by the amount of such emissions reductions and such reductions
would be creditable in the absence of the PAL.
(5) Public participation requirements for PALs. PALs for existing
major stationary sources shall be established, renewed, or increased,
through a procedure that is consistent with Secs. 51.160 and 51.161 of
this chapter. This includes the requirement that the reviewing authority
provide the public with notice of the proposed approval of a PAL permit
and at least a 30-day period for submittal of public comment. The
reviewing authority must address all material comments before taking
final action on the permit.
(6) Setting the 10-year actuals PAL level. The plan shall provide
that the actuals PAL level for a major stationary source shall be
established as the sum of the baseline actual emissions (as defined in
paragraph (b)(47) of this section) of the PAL pollutant for each
emissions unit at the source; plus an amount equal to the applicable
significant level for the PAL pollutant under paragraph (b)(23) of this
section or under the Act, whichever is lower. When establishing the
actuals PAL level, for a PAL pollutant, only one consecutive 24-month
period must be used to determine the baseline actual emissions for all
existing emissions units. However, a different consecutive 24-month
period may be used for each different PAL pollutant. Emissions
associated with units that were permanently shutdown after this 24-month
period must be subtracted from the PAL level. Emissions from units on
which actual construction began after the 24-month period must be added
to the PAL level in an amount equal to the potential to emit of the
units. The reviewing authority shall specify a reduced PAL level(s) (in
tons/yr) in the PAL permit to become effective on the future compliance
date(s) of any applicable Federal or State regulatory requirement(s)
that the reviewing authority is aware of prior to issuance of the PAL
permit. For instance, if the source owner or operator will be required
to reduce emissions from industrial boilers in half from baseline
emissions of 60 ppm NOX to a new rule limit of 30 ppm, then
the permit shall contain a future effective PAL level that is equal to
the current PAL level reduced by half of the original baseline emissions
of such unit(s).
[[Page 234]]
(7) Contents of the PAL permit. The plan shall require that the PAL
permit contain, at a minimum, the information in paragraphs (w)(7)(i)
through (x) of this section.
(i) The PAL pollutant and the applicable source-wide emission
limitation in tons per year.
(ii) The PAL permit effective date and the expiration date of the
PAL (PAL effective period).
(iii) Specification in the PAL permit that if a major stationary
source owner or operator applies to renew a PAL in accordance with
paragraph (w)(10) of this section before the end of the PAL effective
period, then the PAL shall not expire at the end of the PAL effective
period. It shall remain in effect until a revised PAL permit is issued
by the reviewing authority.
(iv) A requirement that emission calculations for compliance
purposes include emissions from startups, shutdowns and malfunctions.
(v) A requirement that, once the PAL expires, the major stationary
source is subject to the requirements of paragraph (w)(9) of this
section.
(vi) The calculation procedures that the major stationary source
owner or operator shall use to convert the monitoring system data to
monthly emissions and annual emissions based on a 12-month rolling total
for each month as required by paragraph (w)(3)(i) of this section.
(vii) A requirement that the major stationary source owner or
operator monitor all emissions units in accordance with the provisions
under paragraph (w)(13) of this section.
(viii) A requirement to retain the records required under paragraph
(w)(13) of this section on site. Such records may be retained in an
electronic format.
(ix) A requirement to submit the reports required under paragraph
(w)(14) of this section by the required deadlines.
(x) Any other requirements that the reviewing authority deems
necessary to implement and enforce the PAL.
(8) PAL effective period and reopening of the PAL permit. The plan
shall require the information in paragraphs (w)(8)(i) and (ii) of this
section.
(i) PAL effective period. The reviewing authority shall specify a
PAL effective period of 10 years.
(ii) Reopening of the PAL permit.
(a) During the PAL effective period, the plan shall require the
reviewing authority to reopen the PAL permit to:
(1) Correct typographical/calculation errors made in setting the PAL
or reflect a more accurate determination of emissions used to establish
the PAL;
(2) Reduce the PAL if the owner or operator of the major stationary
source creates creditable emissions reductions for use as offsets under
Sec. 51.165(a)(3)(ii) of this chapter; and
(3) Revise the PAL to reflect an increase in the PAL as provided
under paragraph (w)(11) of this section.
(b) The plan shall provide the reviewing authority discretion to
reopen the PAL permit for the following:
(1) Reduce the PAL to reflect newly applicable Federal requirements
(for example, NSPS) with compliance dates after the PAL effective date;
(2) Reduce the PAL consistent with any other requirement, that is
enforceable as a practical matter, and that the State may impose on the
major stationary source under the plan; and
(3) Reduce the PAL if the reviewing authority determines that a
reduction is necessary to avoid causing or contributing to a NAAQS or
PSD increment violation, or to an adverse impact on an AQRV that has
been identified for a Federal Class I area by a Federal Land Manager and
for which information is available to the general public.
(c) Except for the permit reopening in paragraph (w)(8)(ii)(a)(1) of
this section for the correction of typographical/calculation errors that
do not increase the PAL level, all reopenings shall be carried out in
accordance with the public participation requirements of paragraph
(w)(5) of this section.
(9) Expiration of a PAL. Any PAL that is not renewed in accordance
with the procedures in paragraph (w)(10) of this section shall expire at
the end of the PAL effective period, and the requirements in paragraphs
(w)(9)(i) through (v) of this section shall apply.
(i) Each emissions unit (or each group of emissions units) that
existed
[[Page 235]]
under the PAL shall comply with an allowable emission limitation under a
revised permit established according to the procedures in paragraphs
(w)(9)(i)(a) and (b) of this section.
(a) Within the time frame specified for PAL renewals in paragraph
(w)(10)(ii) of this section, the major stationary source shall submit a
proposed allowable emission limitation for each emissions unit (or each
group of emissions units, if such a distribution is more appropriate as
decided by the reviewing authority) by distributing the PAL allowable
emissions for the major stationary source among each of the emissions
units that existed under the PAL. If the PAL had not yet been adjusted
for an applicable requirement that became effective during the PAL
effective period, as required under paragraph (w)(10)(v) of this
section, such distribution shall be made as if the PAL had been
adjusted.
(b) The reviewing authority shall decide whether and how the PAL
allowable emissions will be distributed and issue a revised permit
incorporating allowable limits for each emissions unit, or each group of
emissions units, as the reviewing authority determines is appropriate.
(ii) Each emissions unit(s) shall comply with the allowable emission
limitation on a 12-month rolling basis. The reviewing authority may
approve the use of monitoring systems (source testing,emission factors,
etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance
with the allowable emission limitation.
(iii) Until the reviewing authority issues the revised permit
incorporating allowable limits for each emissions unit, or each group of
emissions units, as required under paragraph (w)(9)(i)(b) of this
section, the source shall continue to comply with a source-wide, multi-
unit emissions cap equivalent to the level of the PAL emission
limitation.
(iv) Any physical change or change in the method of operation at the
major stationary source will be subject to major NSR requirements if
such change meets the definition of major modification in paragraph
(b)(2) of this section.
(v) The major stationary source owner or operator shall continue to
comply with any State or Federal applicable requirements (BACT, RACT,
NSPS, etc.) that may have applied either during the PAL effective period
or prior to the PAL effective period except for those emission
limitations that had been established pursuant to paragraph (r)(2) of
this section, but were eliminated by the PAL in accordance with the
provisions in paragraph (w)(1)(ii)(c) of this section.
(10) Renewal of a PAL. (i) The reviewing authority shall follow the
procedures specified in paragraph (w)(5) of this section in approving
any request to renew a PAL for a major stationary source, and shall
provide both the proposed PAL level and a written rationale for the
proposed PAL level to the public for review and comment. During such
public review, any person may propose a PAL level for the source for
consideration by the reviewing authority.
(ii) Application deadline. The plan shall require that a major
stationary source owner or operator shall submit a timely application to
the reviewing authority to request renewal of a PAL. A timely
application is one that is submitted at least 6 months prior to, but not
earlier than 18 months from, the date of permit expiration. This
deadline for application submittal is to ensure that the permit will not
expire before the permit is renewed. If the owner or operator of a major
stationary source submits a complete application to renew the PAL within
this time period, then the PAL shall continue to be effective until the
revised permit with the renewed PAL is issued.
(iii) Application requirements. The application to renew a PAL
permit shall contain the information required in paragraphs (w)(10)(iii)
(a) through (d) of this section.
(a) The information required in paragraphs (w)(3)(i) through (iii)
of this section.
(b) A proposed PAL level.
(c) The sum of the potential to emit of all emissions units under
the PAL (with supporting documentation).
(d) Any other information the owner or operator wishes the reviewing
authority to consider in determining the
[[Page 236]]
appropriate level for renewing the PAL.
(iv) PAL adjustment. In determining whether and how to adjust the
PAL, the reviewing authority shall consider the options outlined in
paragraphs (w)(10)(iv) (a) and (b) of this section. However, in no case
may any such adjustment fail to comply with paragraph (w)(10)(iv)(c) of
this section.
(a) If the emissions level calculated in accordance with paragraph
(w)(6) of this section is equal to or greater than 80 percent of the PAL
level, the reviewing authority may renew the PAL at the same level
without considering the factors set forth in paragraph (w)(10)(iv)(b) of
this section; or
(b) The reviewing authority may set the PAL at a level that it
determines to be more representative of the source's baseline actual
emissions, or that it determines to be appropriate considering air
quality needs, advances in control technology, anticipated economic
growth in the area, desire to reward or encourage the source's voluntary
emissions reductions, or other factors as specifically identified by the
reviewing authority in its written rationale.
(c) Notwithstanding paragraphs (w)(10)(iv) (a) and (b) of this
section:
(1) If the potential to emit of the major stationary source is less
than the PAL, the reviewing authority shall adjust the PAL to a level no
greater than the potential to emit of the source; and
(2) The reviewing authority shall not approve a renewed PAL level
higher than the current PAL, unless the major stationary source has
complied with the provisions of paragraph (w)(11) of this section
(increasing a PAL).
(v) If the compliance date for a State or Federal requirement that
applies to the PAL source occurs during the PAL effective period, and if
the reviewing authority has not already adjusted for such requirement,
the PAL shall be adjusted at the time of PAL permit renewal or title V
permit renewal, whichever occurs first.
(11) Increasing a PAL during the PAL effective period. (i) The plan
shall require that the reviewing authority may increase a PAL emission
limitation only if the major stationary source complies with the
provisions in paragraphs (w)(11)(i) (a) through (d) of this section.
(a) The owner or operator of the major stationary source shall
submit a complete application to request an increase in the PAL limit
for a PAL major modification. Such application shall identify the
emissions unit(s) contributing to the increase in emissions so as to
cause the major stationary source's emissions to equal or exceed its
PAL.
(b) As part of this application, the major stationary source owner
or operator shall demonstrate that the sum of the baseline actual
emissions of the small emissions units, plus the sum of the baseline
actual emissions of the significant and major emissions units assuming
application of BACT equivalent controls, plus the sum of the allowable
emissions of the new or modified emissions unit(s), exceeds the PAL. The
level of control that would result from BACT equivalent controls on each
significant or major emissions unit shall be determined by conducting a
new BACT analysis at the time the application is submitted, unless the
emissions unit is currently required to comply with a BACT or LAER
requirement that was established within the preceding 10 years. In such
a case, the assumed control level for that emissions unit shall be equal
to the level of BACT or LAER with which that emissions unit must
currently comply.
(c) The owner or operator obtains a major NSR permit for all
emissions unit(s) identified in paragraph (w)(11)(i)(a) of this section,
regardless of the magnitude of the emissions increase resulting from
them (that is, no significant levels apply). These emissions unit(s)
shall comply with any emissions requirements resulting from the major
NSR process (for example, BACT), even though they have also become
subject to the PAL or continue to be subject to the PAL.
(d) The PAL permit shall require that the increased PAL level shall
be effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL pollutant.
(ii) The reviewing authority shall calculate the new PAL as the sum
of
[[Page 237]]
the allowable emissions for each modified or new emissions unit, plus
the sum of the baseline actual emissions of the significant and major
emissions units (assuming application of BACT equivalent controls as
determined in accordance with paragraph (w)(11)(i)(b) of this section),
plus the sum of the baseline actual emissions of the small emissions
units.
(iii) The PAL permit shall be revised to reflect the increased PAL
level pursuant to the public notice requirements of paragraph (w)(5) of
this section.
(12) Monitoring requirements for PALs--(i) General requirements. (a)
Each PAL permit must contain enforceable requirements for the monitoring
system that accurately determines plantwide emissions of the PAL
pollutant in terms of mass per unit of time. Any monitoring system
authorized for use in the PAL permit must be based on sound science and
meet generally acceptable scientific procedures for data quality and
manipulation. Additionally, the information generated by such system
must meet minimum legal requirements for admissibility in a judicial
proceeding to enforce the PAL permit.
(b) The PAL monitoring system must employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in paragraphs (w)(12)(ii) (a) through (d) of this section and must be
approved by the reviewing authority.
(c) Notwithstanding paragraph (w)(12)(i)(b) of this section, you may
also employ an alternative monitoring approach that meets paragraph
(w)(12)(i)(a) of this section if approved by the reviewing authority.
(d) Failure to use a monitoring system that meets the requirements
of this section renders the PAL invalid.
(ii) Minimum performance requirements for approved monitoring
approaches. The following are acceptable general monitoring approaches
when conducted in accordance with the minimum requirements in paragraphs
(w)(12)(iii) through (ix) of this section:
(a) Mass balance calculations for activities using coatings or
solvents;
(b) CEMS;
(c) CPMS or PEMS; and
(d) Emission factors.
(iii) Mass balance calculations. An owner or operator using mass
balance calculations to monitor PAL pollutant emissions from activities
using coating or solvents shall meet the following requirements:
(a) Provide a demonstrated means of validating the published content
of the PAL pollutant that is contained in or created by all materials
used in or at the emissions unit;
(b) Assume that the emissions unit emits all of the PAL pollutant
that is contained in or created by any raw material or fuel used in or
at the emissions unit, if it cannot otherwise be accounted for in the
process; and
(c) Where the vendor of a material or fuel, which is used in or at
the emissions unit, publishes a range of pollutant content from such
material, the owner or operator must use the highest value of the range
to calculate the PAL pollutant emissions unless the reviewing authority
determines there is site-specific data or a site-specific monitoring
program to support another content within the range.
(iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant
emissions shall meet the following requirements:
(a) CEMS must comply with applicable Performance Specifications
found in 40 CFR part 60, appendix B; and
(b) CEMS must sample, analyze, and record data at least every 15
minutes while the emissions unit is operating.
(v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor
PAL pollutant emissions shall meet the following requirements:
(a) The CPMS or the PEMS must be based on current site-specific data
demonstrating a correlation between the monitored parameter(s) and the
PAL pollutant emissions across the range of operation of the emissions
unit; and
(b) Each CPMS or PEMS must sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
reviewing authority, while the emissions unit is operating.
(vi) Emission factors. An owner or operator using emission factors
to
[[Page 238]]
monitor PAL pollutant emissions shall meet the following requirements:
(a) All emission factors shall be adjusted, if appropriate, to
account for the degree of uncertainty or limitations in the factors'
development;
(b) The emissions unit shall operate within the designated range of
use for the emission factor, if applicable; and
(c) If technically practicable, the owner or operator of a
significant emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct validation testing to
determine a site-specific emission factor within 6 months of PAL permit
issuance, unless the reviewing authority determines that testing is not
required.
(vii) A source owner or operator must record and report maximum
potential emissions without considering enforceable emission limitations
or operational restrictions for an emissions unit during any period of
time that there is no monitoring data, unless another method for
determining emissions during such periods is specified in the PAL
permit.
(viii) Notwithstanding the requirements in paragraphs (w)(12)(iii)
through (vii) of this section, where an owner or operator of an
emissions unit cannot demonstrate a correlation between the monitored
parameter(s) and the PAL pollutant emissions rate at all operating
points of the emissions unit, the reviewing authority shall, at the time
of permit issuance:
(a) Establish default value(s) for determining compliance with the
PAL based on the highest potential emissions reasonably estimated at
such operating point(s); or
(b) Determine that operation of the emissions unit during operating
conditions when there is no correlation between monitored parameter(s)
and the PAL pollutant emissions is a violation of the PAL.
(ix) Re-validation. All data used to establish the PAL pollutant
must be re-validated through performance testing or other scientifically
valid means approved by the reviewing authority. Such testing must occur
at least once every 5 years after issuance of the PAL.
(13) Recordkeeping requirements.
(i) The PAL permit shall require an owner or operator to retain a
copy of all records necessary to determine compliance with any
requirement of paragraph (w) of this section and of the PAL, including a
determination of each emissions unit's 12-month rolling total emissions,
for 5 years from the date of such record.
(ii) The PAL permit shall require an owner or operator to retain a
copy of the following records, for the duration of the PAL effective
period plus 5 years:
(a) A copy of the PAL permit application and any applications for
revisions to the PAL; and
(b) Each annual certification of compliance pursuant to title V and
the data relied on in certifying the compliance.
(14) Reporting and notification requirements. The owner or operator
shall submit semi-annual monitoring reports and prompt deviation reports
to the reviewing authority in accordance with the applicable title V
operating permit program. The reports shall meet the requirements in
paragraphs (w)(14)(i) through (iii) of this section.
(i) Semi-annual report. The semi-annual report shall be submitted to
the reviewing authority within 30 days of the end of each reporting
period. This report shall contain the information required in paragraphs
(w)(14)(i)(a) through (g) of this section.
(a) The identification of owner and operator and the permit number.
(b) Total annual emissions (tons/year) based on a 12-month rolling
total for each month in the reporting period recorded pursuant to
paragraph (w)(13)(i) of this section.
(c) All data relied upon, including, but not limited to, any Quality
Assurance or Quality Control data, in calculating the monthly and annual
PAL pollutant emissions.
(d) A list of any emissions units modified or added to the major
stationary source during the preceding 6-month period.
(e) The number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span
calibration checks), and any corrective action taken.
[[Page 239]]
(f) A notification of a shutdown of any monitoring system, whether
the shutdown was permanent or temporary, the reason for the shutdown,
the anticipated date that the monitoring system will be fully
operational or replaced with another monitoring system, and whether the
emissions unit monitored by the monitoring system continued to operate,
and the calculation of the emissions of the pollutant or the number
determined by method included in the permit, as provided by paragraph
(w)(12)(vii) of this section.
(g) A signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
(ii) Deviation report. The major stationary source owner or operator
shall promptly submit reports of any deviations or exceedance of the PAL
requirements, including periods where no monitoring is available. A
report submitted pursuant to Sec. 70.6(a)(3)(iii)(B) of this chapter
shall satisfy this reporting requirement. The deviation reports shall be
submitted within the time limits prescribed by the applicable program
implementing Sec. 70.6(a)(3)(iii)(B) of this chapter. The reports shall
contain the following information:
(a) The identification of owner and operator and the permit number;
(b) The PAL requirement that experienced the deviation or that was
exceeded;
(c) Emissions resulting from the deviation or the exceedance; and
(d) A signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
(iii) Re-validation results. The owner or operator shall submit to
the reviewing authority the results of any re-validation test or method
within three months after completion of such test or method.
(15) Transition requirements. (i) No reviewing authority may issue a
PAL that does not comply with the requirements in paragraphs (w)(1)
through (15) of this section after the Administrator has approved
regulations incorporating these requirements into a plan.
(ii) The reviewing authority may supersede any PAL which was
established prior to the date of approval of the plan by the
Administrator with a PAL that complies with the requirements of
paragraphs (w)(1) through (15) of this section.
(x) If any provision of this section, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this section, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not
be affected thereby.
(Secs. 101(b)(1), 110, 160-169, 171-178, and 301(a), Clean Air Act, as
amended (42 U.S.C. 7401(b)(1), 7410, 7470-7479, 7501-7508, and 7601(a));
sec. 129(a), Clean Air Act Amendments of 1977 (Pub. L. 95-95, 91 Stat.
685 (Aug. 7, 1977)))
[43 FR 26382, June 19, 1978]
Editorial Note: For Federal Register citations affecting
Sec. 51.166, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.