B. Definitions. For the purpose of this Section, the terms below shall have the meaning specified herein as follows. Actual Emissions-the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with the following, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under Subsection AA of this Section. Instead, Subsection B.Projected Actual Emissions and Baseline Actual Emissions of this Section shall apply for those purposes.
a. 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 that precedes the particular date and which is representative of normal source operation. The administrative 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.b. The administrative authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.c. 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. Adverse Impact on Visibility-visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairments, and how these factors correlate with:
a. times of visitor use of the federal Class I area; andb. the frequency and timing of natural conditions that reduce visibility. Allowable Emissions-the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits that restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a. the applicable standards as set forth in 40 CFR Parts 60 and 61; orb. the applicable implementation plan emissions limitation, including those with a future compliance date; orc. the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. Baseline Actual Emissions -the rate of emissions, in tons per year, of a regulated NSR pollutant, determined as follows.
a. 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 consecutive 24-month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator projects to begin actual construction of the project. The administrative authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation. i. The average rate shall include fugitive emissions to the extent quantifiable, and authorized emissions associated with start-ups, shutdowns, and malfunctions.ii. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.iii. 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.iv. 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 Clause a.ii of this definition.b. 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 administrative authority for a permit required under this Section, except that the 10-year period shall not include any period earlier than November 15, 1990. i. The average rate shall include fugitive emissions to the extent quantifiable, and authorized emissions associated with start-ups, shutdowns, and malfunctions.ii. 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.iii. 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 administrative authority proposed or promulgated under 40 CFR Part 63, 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 40 CFR 51.165(a)(3)(ii)(G).iv. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period may be used for each regulated NSR pollutant.v. 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 Clauses b.ii and iii of this definition.c. 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.d. 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 Subparagraph a of this definition, for other existing emissions units in accordance with the procedures contained in Subparagraph b of this definition, and for a new emissions unit in accordance with the procedures contained in Subparagraph c of this definition. Baseline Area-
a. any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the Clean Air 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 the following amounts of the pollutant for which the minor source baseline date is established: 1 [MICRO]g/m3 (annual average) for SO2, NO2, or PM10; or 0.3 [MICRO]g/m3 (annual average) for PM2.5;b. area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification that: i. establishes a minor source baseline date; orii. is subject to 40 CFR 52.21 or under regulations approved in accordance with 40 CFR 51.166 and would be constructed in the same state as the state proposing the redesignation;c. any baseline area established originally for the total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the administrative authority rescinds the corresponding minor source baseline date in accordance with Subparagraph B.Baseline Date.d of this Section. Baseline Concentration-
a. 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: i. the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in Subparagraph b of this definition;ii. 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;b. the following will not be included in the baseline concentration and will affect the applicable maximum allowable increase:i. actual emissions from any major stationary source on which construction commenced after the major source baseline date; andii. actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. Baseline Date-
a.Major Source Baseline Date- i. in the case of particulate matter (PM10) and sulfur dioxide, January 6, 1975;ii. in the case of nitrogen dioxide, February 8, 1988; andiii. in the case of PM2.5, October 20, 2011.b.Minor Source Baseline Date-the earliest date after the trigger date on which a major stationary source or a major modification subject to this Section submits a complete application under the relevant regulations. The trigger date is: i. in the case of particulate matter (PM10) and sulfur dioxide, August 7, 1977;ii. in the case of nitrogen dioxide, February 8, 1988; andiii. in the case of PM2.5, October 20, 2011.c. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: i. the area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the Clean Air Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved in accordance with 40 CFR 51.166; andii. 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.d. 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 PM10 increments, except that the administrative authority shall rescind a minor source baseline date where it can be shown, to the satisfaction of the administrative authority, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions. Begin Actual Construction-in general, initiation of physical on-site construction activities on an emissions unit that 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, that mark the initiation of the change.
Best Available Control Technology (BACT)-
a. an emissions limitation, including a visible emission standard, based on the maximum degree of reduction for each pollutant subject to regulation under this Section that would be emitted from any proposed major stationary source or major modification that the administrative 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 combustion techniques for control of such pollutant;b. in no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by an applicable standard under 40 CFR Parts 60 and 61. If the administrative authority determines that technological or economic limitations on the application of 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 that achieve equivalent results. Building, Structure, Facility, or Installation-all of the pollutant-emitting activities that 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 first 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).
Clean Air Act-the federal Clean Air Act, as amended (42 U.S.C. Chapter 85).
CO2Equivalent Emissions (CO2e) -the emitted amount of greenhouse gases (GHGs) computed by multiplying the mass amount of emissions for each of the six greenhouse gases in the pollutant GHGs by the gas's associated global warming potential published in Table A-1 to Subpart A of 40 CFR, Part 98 -Global Warming Potentials, and summing the resultant value for each.
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:
a. begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; orb. 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. Complete-in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the administrative authority from requesting or accepting any additional information.
Construction-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 actual emissions.
Continuous Emissions Monitoring System (CEMS)-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.
Continuous Emissions Rate Monitoring System (CERMS)-the total equipment required for the determination and recording of the pollutant mass emissions rate, in terms of mass per unit of time.
Continuous Parameter Monitoring System (CPMS)-all of the equipment necessary to meet the data acquisition and availability requirements of this Section, to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O2 or CO2 concentrations), and to record average operational parameter values on a continuous basis.
Electric Utility Steam Generating Unit-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.
Emissions Unit-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 this Subsection. For purposes of this Section, there are two types of emissions units.
a. A new emissions unit is any emissions unit that is, or will be, newly constructed and that has existed for less than two years from the date such emissions unit first operated.b. An existing emissions unit is any emissions unit that is not a new emissions unit. A replacement unit, as defined in this Subsection, is an existing emissions unit. Federal Land Manager-with respect to any lands in the United States, the secretary of the department with authority over such lands.
Federally Enforceable-all limitations and conditions that are enforceable by the administrator, including those requirements developed in accordance with 40 CFR Parts 60, 61, and 63, requirements within any applicable State Implementation Plan, any permit requirements established in accordance with 40 CFR 52.21 or under regulations approved in accordance with 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.
Fugitive Emissions-those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
Greenhouse Gases (GHGs)-an air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
High Terrain-any area having an elevation 900 feet or more above the base of the stack of a source.
Indian Governing Body-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.
Indian Reservation-any federally-recognized reservation established by treaty, agreement, executive order, or act of Congress.
Innovative Control Technology-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 non-air quality environmental impacts.
Low Terrain-any area other than high terrain, as defined in this Subsection.
Lowest Achievable Emission Rate (LAER)-as defined in LAC 33:III.504.
Major Modification-
a. any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant, and a significant net emissions increase of that pollutant from the major stationary source;b. any significant emissions increase from any emissions unit or net emissions increase at a major stationary source that is significant for volatile organic compounds (VOCs) or nitrogen oxides (NOx) shall be considered significant for ozone.c. a physical change or change in the method of operation shall not include: i. routine maintenance, repair, and replacement;ii. use of an alternative fuel or raw material by reason of any order under Sections 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 in accordance with the Federal Power Act;iii. use of an alternative fuel by reason of an order or rule under Section 125 of the Federal Clean Air Act;iv. use of an alternate fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;v. use by a source of an alternate fuel or raw material that:(a). the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975, in accordance with 40 CFR 52.21 or under regulations approved in accordance with 40 CFR Part 51, Subpart I or 40 CFR 51.166; or(b). the source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved in accordance with 40 CFR 51.166;vi. an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975, in accordance with 40 CFR 52.21 or under regulations approved in accordance with 40 CFR Part 51, Subpart I or 40 CFR 51.166;vii. any change in source ownership;d. this definition shall not apply with respect to a particular pollutant subject to regulation under this Section when the major stationary source is complying with the requirements under Subsection AA of this Section for a PAL for that pollutant. Instead, the definition at Subparagraph AA.2.g of this Section shall apply. Major Stationary Source-
a. any of the stationary sources of air pollutants listed in Table A of this definition that emits, or has the potential to emit, 100 tons per year or more of any pollutant (except for GHGs) subject to regulation under this Section;b. for stationary source categories other than those listed in Table A of this definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more of any air pollutant (except for GHGs) subject to regulation under this Section;c. any physical change that would occur at a source not otherwise qualifying as a major stationary source under Subparagraphs a or b of this definition if the change would constitute a major source by itself;d. a major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone;e. 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 is listed in Table A of this definition or, as of August 7, 1980, is being regulated under section 111 of the Clean Air Act. Table A-Stationary Sources of Air Pollutants |
1 | Fossil fuel-fired steam electric plants of more than 250 million British thermal units (Btu) per hour heat input |
2 | Coal cleaning plants (with thermal dryers) |
3 | Kraft pulp mills |
4 | Portland cement plants |
5 | Primary zinc smelters |
6 | Iron and steel mill plants |
7 | Primary aluminum ore reduction plants |
8 | Primary copper smelters |
9 | Municipal incinerators capable of charging more than 250 tons of refuse per day |
10 | Hydrofluoric, sulfuric, and nitric acid plants |
11 | Petroleum refineries |
12 | Lime plants |
13 | Phosphate rock processing plants |
14 | Coke oven batteries |
15 | Sulfur recovery plants |
16 | Carbon black plants (furnace process) |
17 | Primary lead smelters |
18 | Fuel conversion plants |
19 | Sintering plants |
20 | Secondary metal production plants |
21 | Chemical process plants |
22 | Fossil fuel boilers (or combinations thereof) totaling more than 250 million Btu per hour heat input. |
23 | Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels |
24 | Taconite ore processing plants |
25 | Glass fiber processing plants |
26 | Charcoal production plants |
Necessary Preconstruction Approvals or Permits-those permits or approvals required under all applicable air quality control laws and regulations.
Net Emissions Increase-
a. with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:i. the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated in accordance with Paragraph A.4 of this Section; andii. 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 Clause shall be determined as provided in Subsection B.Baseline Actual Emissions of this Section, except that Clauses B.Baseline Actual Emissions.a.iii and b.iv of this Section shall not apply;b. an increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: i. the date five years before construction on the particular change commences; andii. the date that the increase from the particular change occurs;c. an increase or decrease in actual emissions is creditable only if the administrative authority has not relied on it in issuing a permit for the source under this Section, which permit is in effect when the increase in actual emissions from the particular change occurs;d. 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;e. an increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level;f. a decrease in actual emissions is creditable only to the extent that: i. the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;ii. it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; andiii. it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change;h. 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;i. Subparagraph B.Actual Emissions.a of this Section shall not apply for determining creditable increases and decreases. Pollution Prevention-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.
Potential to Emit-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, 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.
Predictive Emissions Monitoring System (PEMS)-all of the equipment necessary to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (e.g., lb/hr) on a continuous basis.
Prevention of Significant Deterioration (PSD) Program-a major source preconstruction permit program that has been approved by the administrator and incorporated into the State Implementation Plan to implement the requirements of this Section or the program in 40 CFR 52.21. Any permit issued under such a program is a major NSR permit.
Project-a physical change in, or change in the method of operation of, an existing major stationary source.
Projected Actual Emissions-the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated pollutant in any one of the five 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 of that regulated pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions 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 State Implementation Plan; andb. shall include fugitive emissions to the extent quantifiable, and authorized emissions associated with start-ups, shutdowns, and malfunctions; andc. 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 as defined in this Subsection and that are also unrelated to the particular project, including any increased utilization due to product demand growth; ord. in lieu of using the method set out in Subparagraphs a-c of this definition, may elect to use the emissions unit's potential to emit, in tons per year, as defined in this Subsection. Reasonably Available Control Technology (RACT)-devices, systems, process modifications, or other apparatus or techniques that are reasonably available taking into account:
a. the necessity of imposing such controls in order to attain and maintain a national ambient air quality standard;b. the social, environmental, and economic impact of such controls; andc. alternative means of providing for attainment and maintenance of such standard. Regulated New Source Review (NSR) Pollutant-
a. any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant. Precursors identified by the administrative authority for purposes of PSD include the following: i. volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas;ii. sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas;iii. nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations; andiv. volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations;b. any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act;c. any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act;d. any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all hazardous air pollutants either listed in section 112 of the Clean Air Act or added to the list in accordance with section 112(b)(2) of the Clean Air Act, which have not been delisted in accordance with Section 112(b)(3) of the Clean Air 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 Clean Air Act; ore. PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this Section. Replacement Unit-an emissions unit for which all the criteria listed in Subparagraphs a-d of this definition are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced:
a. the emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit;b. the emissions unit is identical to or functionally equivalent to the replaced emissions unit;c. the emissions unit does not alter the basic design parameters of the process unit;d. the replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit, as defined in this Subsection. Secondary Emissions-emissions that would 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 definition, secondary emissions must be specific, well defined, and quantifiable, and impact the same general areas as the stationary source modification that causes the secondary emissions. Secondary emissions include emissions from any offsite support facility that 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 that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
Significant-
a. 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 | Emission Rate |
Carbon monoxide | 100 tons per year (tpy) |
Nitrogen oxides | 40 tpy |
Sulfur dioxide | 40 tpy |
Particulate matter | 25 tpy of particulate emissions |
| 15 tpy of PM10 emissions |
| 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions1 |
Ozone | 40 tpy of volatile organic compounds or nitrogen oxides |
Lead | 0.6 tpy |
Fluorides | 3 tpy |
Sulfuric acid mist | 7 tpy |
Hydrogen sulfide (H2S) | 10 tpy |
Total reduced sulfur (including H2S) | 10 tpy |
Reduced sulfur compounds (including H2S) | 10 tpy |
Municipal waste combustor organics2 | 0.0000035 tpy |
Municipal waste combustor metals3 | 15 tpy |
Municipal waste combustor acid gases4 | 40 tpy |
Municipal solid waste landfills emissions5 | 50 tpy |
GHGs and GHGs as CO2e | 0 tpy and 75,000 tpy, respectively6 |
1 Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations. 2 Measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans. 3 Measured as particulate matter. 4 Measured as sulfur dioxide and hydrogen chloride. 5 Measured as nonmethane organic compounds. 6 Both of the following conditions must be met:: (1) the net emissions increase of GHGs calculated as the sum of the six GHGs on a mass basis (i.e., no global warming potentials applied) equals or exceeds 0 tpy; and (2) the net emissions increase of GHGs calculated as the sum of the six GHGs on a CO2e basis (i.e., global warming potentials applied) equals or exceeds 75,000 tpy CO2e. |
b. in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that Subparagraph a of this definition does not list, any emissions rate;c. notwithstanding Subparagraph a of this definition, any emissions rate or any net emissions increase associated with a major stationary source or major modification that would construct within 10 kilometers of a Class I area and have an impact on such area equal to or greater than 1[MICRO]g/m3 (24-hour average);d. notwithstanding Subparagraph a of this definition, between January 2, 2011, and June 30, 2011, the pollutant GHGs is "subject to regulation" only if the stationary source is: i. a new major stationary source for a regulated NSR pollutant that is not GHGs and also will emit or have the potential to emit GHGs in a significant amount; orii. an existing major stationary source for a regulated NSR pollutant that is not GHGs and also will have a significant net emissions increase of both GHGs and another regulated NSR pollutant. Significant Emissions Increase-for a regulated NSR pollutant, an increase in emissions that is significant, as defined in this Subsection, for that pollutant.
Stationary Source-any building, structure, facility, or installation that emits or may emit any pollutant subject to regulation under this Section.