(1)
Definitions. For the purpose of NNSR, the following
definitions shall apply:
"Act" means the Clean Air Act,
42 U.S.C. §
7401, et seq., as amended through November
15, 1990.
"Actual emissions" means:
1. The actual rate of emissions of a
regulated new source review (NSR) pollutant from an emissions unit, as
determined in accordance with paragraphs "2" through "4," except that this
definition shall not apply for calculating whether a significant emissions
increase has occurred, or for establishing a PAL under
567-31.9 (455B). Instead, the
definitions of projected actual emissions and baseline actual emissions shall
apply for those purposes.
2. 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 that is
representative of normal source operation. The department 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.
3. The department may presume that
source-specific allowable emissions for the unit are equivalent to the actual
emissions of the unit.
4. 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.
"Administrator" means the administrator for
the U.S. Environmental Protection Agency (EPA) or designee.
"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 that
restrict the operating rate, or hours of operation, or both) and the most
stringent of the following:
1. The
applicable standards as set forth in 567-subrules 23.1(2) through 23.1(5) (new
source performance standards, emissions standards for hazardous air pollutants,
and federal emissions guidelines) or an applicable federal standard not adopted
by the state, as set forth in 40 CFR Parts
60,
61 and
63;
2. The state implementation plan (SIP)
emissions limitation, including those with a future compliance date;
or
3. The emissions rate specified
as an enforceable permit condition, including those with a future compliance
date.
"Baseline actual emissions," for the
purposes of this rule, means the rate of emissions, in tons per year, of a
regulated NSR pollutant, as determined in accordance with paragraphs "1"
through "4."
1. 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 begins actual construction of the project. The department 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 noncompliant
emissions that occurred while the source was operating above an emissions
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 "1"(b) of this definition.
2. 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 ten-year period immediately preceding either the date the
owner or operator begins actual construction of the project, or the date on
which a complete permit application is received by the department for a permit
required either under this rule or under a plan approved by the Administrator,
whichever is earlier, except that the ten-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 noncompliant 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 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 31.3(3)
"b"(7).
(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 "2"(b) and "2"(c)
of this definition.
3.
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.
4. For a PAL for a major stationary source,
the baseline actual emissions shall be calculated for existing electric utility
steam generating units in accordance with the procedures contained in paragraph
"1," for other existing emissions units in accordance with the procedures
contained in paragraph "2," and for a new emissions unit in accordance with the
procedures contained in paragraph "3."
"Begin actual construction" means, 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 operating, this term refers to those on-site
activities other than preparatory activities that mark the initiation of the
change.
"Best available control technology" or
"BACT" means an emissions limitation, including a visible
emissions standard, based on the maximum degree of reduction for each regulated
NSR pollutant that would be emitted from any proposed major stationary source
or major modification that the department, 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. In no event shall application of best available control
technology result in emissions of any pollutant that would exceed the emissions
allowed by any applicable standard under 567-subrules 23.1(2) through 23.1(5)
(standards for new stationary sources, federal standards for hazardous air
pollutants, and federal emissions guidelines), or federal regulations as set
forth in 40 CFR Parts 60, 61, and 63 but not yet adopted by the state. If the
department 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, or operational standard or combination thereof may be prescribed
instead to satisfy the requirement for the application of BACT. 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" means 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., that 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 4101-0065 and 003-005-00176-0, respectively).
"CFR" means the Code of Federal Regulations,
with standard references in this chapter by title and part, so that " 40 CFR 51
" or " 40 CFR Part 51 " means "Title 40 Code of Federal Regulations, Part
51."
"Clean coal technology" means any
technology, including technologies applied at the precombustion, combustion, or
post-combustion stage, at a new or existing facility that will achieve
significant reductions in air emissions of sulfur dioxide or oxides of nitrogen
associated with the utilization of coal in the generation of electricity, or
process steam that was not in widespread use as of November 15, 1990.
"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 EPA. The federal
contribution for a qualifying project shall be at least 20 percent of the total
cost of the demonstration project.
"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:
1. Begun, or caused to begin, a continuous
program of actual on-site construction of the source, to be completed within a
reasonable time; or
2. Entered into
binding agreements or contractual obligations, which cannot be canceled 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.
"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.
"Continuous emissions monitoring system" or
"CEMS" means all of the equipment that may be required to meet
the data acquisition and availability requirements of this rule, to sample, to
condition (if applicable), to analyze, and to provide a record of emissions on
a continuous basis.
"Continuous emissions rate monitoring
system" or "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).
"Continuous parameter monitoring system" or
"CPMS" means all of the equipment necessary to meet the data
acquisition and availability requirements of this rule, 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, O2 or CO2 concentrations),
and to record average operational parameter value(s) on a continuous
basis.
"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.
"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 steam generating unit. For purposes of
this rule, there are two types of emissions units as described in paragraphs
"1" and "2."
1. 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.
2. An existing emissions
unit is any emissions unit that does not meet the requirements in paragraph "1"
of this definition. A replacement unit is an existing emissions unit.
"Federal land manager" means, with respect
to any lands in the United States, the secretary of the department with
authority over such lands.
"Federally enforceable" means all
limitations and conditions that are enforceable by the Administrator and the
department, including those federal requirements not yet adopted by the state,
developed pursuant to 40 CFR Parts 60, 61, and 63; requirements within
567-subrules 23.1(2) through 23.1(5); requirements within the SIP; any permit
requirements established pursuant to
40 CFR §
52.21 or under regulations approved pursuant
to 40 CFR Part 51, Subpart I, as amended through October 20, 2010, including
operating permits issued under an EPA-approved program that is incorporated
into the SIP and expressly requires adherence to any permit issued under such
program.
"Fugitive emissions" means those emissions
that could not reasonably pass through a stack, chimney, vent or other
functionally equivalent opening.
"Lowest achievable emissions rate" or
"LAER" means, for any source, the more stringent rate of
emissions based on the following:
1.
The most stringent emissions limitation that is contained in the implementation
plan of any state for such class or category of stationary source, unless the
owner or operator of the proposed stationary source demonstrates that such
limitations are not achievable; or
2. The most stringent emissions limitation
that is achieved in practice by such class or category of stationary sources.
This limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within a stationary
source. In no event shall the application of the term permit a proposed new or
modified stationary source to emit any pollutant in excess of the amount
allowable under an applicable new source standard of performance.
"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 of a regulated NSR
pollutant and a significant net emissions increase of that pollutant from the
major stationary source.
1. Any
significant emissions increase from any emissions units or net emissions
increase at a major stationary source that is significant for volatile organic
compounds shall be considered significant for ozone.
2. 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 an 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 pursuant to the Federal Power
Act;
(c) Use of an alternative fuel
by reason of an order or rule 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 that the source was capable of
accommodating before December 21, 1976, unless such change would be prohibited
under any federally enforceable permit condition that was established after
December 12, 1976, pursuant to
40 CFR §
52.21 or under regulations approved pursuant
to
40 CFR Subpart I or §51.166; or the source is approved to use under any
permit issued under regulations approved pursuant to this rule;
(f) An increase in the hours of operation or
in the production rate, unless such change is prohibited under any federally
enforceable permit condition that was established after December 21, 1976,
pursuant to 40 CFR §
52.21 or regulations approved pursuant to 40
CFR Part
51, Subpart I, or 40 CFR §
51.166;
(g) Any change in ownership at a stationary
source;
(h) Reserved.
(i) The installation, operation, cessation,
or removal of a temporary clean coal technology demonstration project, provided
that the project complies with the SIP, and other requirements necessary to
attain and maintain the national ambient air quality standard during the
project and after it is terminated.
3. This definition shall not apply with
respect to a particular regulated NSR pollutant when the major stationary
source is complying with the requirements under
567-31.9 (455B) for a PAL for
that pollutant. Instead, the definition in
567-31.9 (455B) shall
apply.
4. For the purpose of
applying the requirements of 31.3(8) to modifications at major stationary
sources of nitrogen oxides located in ozone nonattainment areas or in ozone
transport regions, whether or not subject to Subpart 2, Part D, Title I of the
Act, any significant net emissions increase of nitrogen oxides is considered
significant for ozone.
5. Any
physical change in, or change in the method of operation of, a major stationary
source of volatile organic compounds that results in any increase in emissions
of volatile organic compounds from any discrete operation, emissions unit, or
other pollutant emitting activity at the source shall be considered a
significant net emissions increase and a major modification for ozone, if the
major stationary source is located in an extreme ozone nonattainment area that
is subject to Subpart 2, Part D, Title I of the Act.
"Major stationary source" means:
1. Any stationary source of air pollutants
that emits, or has the potential to emit, 100 tons per year or more of any
regulated NSR pollutant, except that lower emissions thresholds shall apply in
areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title I of the
Act, according to definitions in 31.3(1).
(a)
50 tons per year of volatile organic compounds in any serious ozone
nonattainment area.
(b) 50 tons per
year of volatile organic compounds in an area within an ozone transport region,
except for any severe or extreme ozone nonattainment area.
(c) 25 tons per year of volatile organic
compounds in any severe ozone nonattainment area.
(d) 10 tons per year of volatile organic
compounds in any extreme ozone nonattainment area.
(e) 50 tons per year of carbon monoxide in
any serious nonattainment area for carbon monoxide, where stationary sources
contribute significantly to carbon monoxide levels in the area (as determined
under rules issued by the Administrator).
(f) 70 tons per year of
PM10 in any serious nonattainment area for
PM10.
2. For the purposes of applying the
requirements of 31.3(8) to stationary sources of nitrogen oxides located in an
ozone nonattainment area or in an ozone transport region, any stationary source
that emits, or has the potential to emit, 100 tons per year or more of nitrogen
oxides emissions, except that the following emission thresholds apply in areas
subject to Subpart 2 of Part D, Title I of the Act:
(a) 100 tons per year or more of nitrogen
oxides in any ozone nonattainment area classified as marginal or
moderate.
(b) 100 tons per year or
more of nitrogen oxides in any ozone nonattainment area classified as a
transitional, submarginal, or incomplete or no data area, when such area is
located in an ozone transport region.
(c) 100 tons per year or more of nitrogen
oxides in any area designated under Section 107(d) of the Act as attainment or
unclassifiable for ozone that is located in an ozone transport
region.
(d) 50 tons per year or
more of nitrogen oxides in any serious nonattainment area for ozone.
(e) 25 tons per year or more of nitrogen
oxides in any severe nonattainment area for ozone.
(f) 10 tons per year or more of nitrogen
oxides in any extreme nonattainment area for ozone.
3. Any physical change that would occur at a
stationary source not qualifying under 31.3(1) as a major stationary source, if
the change would constitute a major stationary source by itself.
4. A major stationary source that is major
for volatile organic compounds shall be considered major for ozone.
5. The fugitive emissions of a stationary
source shall not be included in determining for any of the purposes of this
rule whether it is a major stationary source, unless the source belongs to one
of the following categories of stationary sources: coal cleaning plants (with
thermal dryers); kraft pulp mills; Portland cement plants; primary zinc
smelters; iron and steel mills; primary aluminum ore reduction plants; primary
copper smelters; municipal incinerators capable of charging more than 250 tons
of refuse per day; hydrofluoric, sulfuric, or 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 (the term chemical processing plant shall not
include ethanol production facilities that produce ethanol by natural
fermentation included in North American Industry Classification System (NAICS)
codes 325193 or 312140); fossil-fuel boilers (or combination 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;
charcoal production plants; fossil fuel-fired steam electric plants of more
than 250 million British thermal units per hour heat input; and any other
stationary source category that, as of August 7, 1980, is being regulated under
Section 111 or 112 of the Act.
"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 that are part of the SIP.
"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: the increase in emissions from
a particular physical change or change in the method of operation at a
stationary source as calculated according to the applicability requirements of
31.3(2)"b," and 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 shall be determined as provided in the
definition of "baseline actual emissions," except that paragraphs "1"(c) and
"2"(d) shall not apply.
1. An increase
or decrease in actual emissions is contemporaneous with the increase from the
particular change only if the increase or decrease in actual emissions occurs
between the date five years before construction on the particular change
commences and the date that the increase from the particular change
occurs.
2. An increase or decrease
in actual emissions is creditable only if:
(a) The increase or decrease in actual
emissions occurs within the contemporaneous time period, as noted in paragraph
"1" of this definition; and
(b) The
department has not relied on the increase or decrease in actual emissions in
issuing a permit for the source under this rule, which permit is in effect when
the increase in actual emissions from the particular change occurs.
(c) Reserved.
3. An increase in actual emissions is
creditable only to the extent that the new level of actual emissions exceeds
the old level.
4. A decrease in
actual emissions is creditable only to the extent that:
(a) The old level of actual emission 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) The department has not relied on a
decrease in actual emissions in issuing any permit under regulations approved
pursuant to 40 CFR Part
51, Subpart I, or has not relied on a decrease in
actual emissions in demonstrating attainment or reasonable further progress;
and
(d) The decrease in actual
emissions has approximately the same qualitative significance for public health
and welfare as that attributed to the increase from the particular
change.
5. 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.
6. Actual emissions shall not
apply for determining creditable increases and decreases or after a
change.
"Nonattainment new source review program" or
"NNSR 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 rule, or a program that implements
40 CFR Part 51, Appendix S, Sections I through VI, as amended through October
25, 2012. Any permit issued under such a program is a major NSR permit.
"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. "Pollution prevention"
does not mean recycling (other than certain in-process recycling practices),
energy recovery, treatment, or disposal.
"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, shall be treated as part of its design only 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" or
"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, O2 or CO2
concentrations), and calculate and record the mass emissions rate (for example,
lb/hr) on a continuous basis.
"Prevention of significant deterioration
permit" or "PSD permit" means any permit that is
issued under a major source preconstruction permit program that has been
approved by the Administrator and incorporated into the plan to implement the
requirements of 40 CFR
§
51.166, or under the program in
40 CFR §
52.21.
"Project" means a physical change in, or
change in the method of operation of, an existing major stationary
source.
"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 five years
(12-month period) following the date the unit resumes regular operation after
the project, or in any one of the ten years following that date, if the project
involves increasing the emissions unit's design capacity or its potential to
emit of that regulated NSR 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:
1. 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
2. Shall include fugitive emissions to the
extent quantifiable, and emissions associated with startups, shutdowns, and
malfunctions; and
3. 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 and that are also unrelated to
the particular project, including any increased utilization due to product
demand growth; or
4. In lieu of
using the method set out in paragraphs "1" through "3," may elect to use the
emissions unit's potential to emit, in tons per year.
"Reasonable period" means an increase or
decrease in actual emissions is contemporaneous with the increase from the
particular change only if the increase or decrease in actual emissions occurs
between the date five years before construction on the particular change
commences and the date that the increase from the particular change
occurs.
"Regulated NSR pollutant" means the
following:
1. Nitrogen oxides or any
volatile organic compounds;
2. Any
pollutant for which a national ambient air quality standard has been
promulgated;
3. Any pollutant that
is identified as a constituent or precursor of a general pollutant listed under
paragraph "1" or "2," provided that such constituent or precursor pollutant may
only be regulated under NSR as part of regulation of the general pollutant.
Precursors identified by the Administrator for purposes of NSR are the
following:
(a) Volatile organic compounds and
nitrogen oxides are precursors to ozone in all ozone nonattainment
areas.
(b) Sulfur dioxide is a
precursor to PM2.5 in all PM2.5
nonattainment areas.
(c) Nitrogen
oxides are presumed to be precursors to PM2.5 in all
PM2.5 nonattainment areas, unless the department
demonstrates to the EPA's satisfaction or the EPA demonstrates that emissions
of nitrogen oxides from sources in a specific area are not a significant
contributor to the area's ambient PM2.5
concentrations.
(d) Volatile
organic compounds and ammonia are presumed not to be precursors to
PM2.5 in any PM2.5 nonattainment
area, unless the department demonstrates to the EPA's satisfaction or the EPA
demonstrates that emissions of volatile organic compounds or ammonia from
sources in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations; or
4. PM2.5 emissions and
PM10 emissions shall include gaseous emissions from a
source or activity that condense to form particulate matter at ambient
temperatures.
"Replacement unit" means an emissions unit
for which all the criteria listed in paragraphs "1" through "4" of this
definition are met. No creditable emission reductions shall be generated from
shutting down the existing emissions unit that is replaced.
1. The emissions unit is a reconstructed unit
within the meaning of 40 CFR
§
60.15(b)(1) as
amended through December 16, 1975, or the emissions unit completely takes the
place of an existing emissions unit.
2. The emissions unit is identical to or
functionally equivalent to the replaced emissions unit.
3. The replacement does not alter the basic
design parameters of the process unit.
4. 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.
"Reviewing authority" means the department
of natural resources.
"Secondary emissions" means 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 purpose of this rule, "secondary
emissions" must be specific, be well defined, be quantifiable, and impact the
same general area as the stationary source or modification that causes the
secondary emissions. "Secondary emissions" includes emissions from any offsite
support facility that would not be constructed or increase its emissions except
as a result of the construction of operation of the major stationary source of
major modification. "Secondary emissions" does 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" means:
1. 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
(a) Carbon monoxide: 100 tons per year
(tpy)
(b) Nitrogen oxides: 40
tpy
(c) Sulfur dioxide: 40
tpy
(d) Ozone: 40 tpy of volatile
organic compounds or nitrogen oxides
(e) Lead: 0.6 tpy
(f) PM10: 15 tpy
(g) PM2.5: 10 tpy of
direct PM2.5 emissions, 40 tpy of sulfur dioxide
emissions, or 40 tpy of nitrogen oxide emissions unless the department
demonstrates to the EPA's satisfaction that the emissions of nitrogen oxides
from sources in a specific area are not a significant contributor to the area's
ambient PM2.5 concentrations.
2. Notwithstanding the significant emissions
rate for ozone, "significant" means, in reference to an emissions increase or a
net emissions increase, any increase in actual emissions of volatile organic
compounds that would result from any physical change in, or change in the
method of operation of, a major stationary source locating in a serious or
severe ozone nonattainment area that is subject to Subpart 2, Part D, Title I
of the Act, if such emissions increase of volatile organic compounds exceeds 25
tons per year.
3. For the purposes
of applying the requirements of 31.3(8) to modifications at major stationary
sources of nitrogen oxides located in an ozone nonattainment area or in an
ozone transport region, the significant emission rates and other requirements
for volatile organic compounds in paragraphs "1," "2," and "5" shall apply to
nitrogen oxides emissions.
4.
Notwithstanding the significant emissions rate for carbon monoxide,
"significant" means, in reference to an emissions increase or a net emissions
increase, any increase in actual emissions of carbon monoxide that would result
from any physical change in, or change in the method of operation of, a major
stationary source in a serious nonattainment area for carbon monoxide if such
increase equals or exceeds 50 tons per year, provided the department has
determined that stationary sources contribute significantly to carbon monoxide
levels in that area.
5.
Notwithstanding the significant emissions rates for ozone under paragraphs "1"
and "2," any increase in actual emissions of volatile organic compounds from
any emissions unit at a major stationary source of volatile organic compounds
located in an extreme ozone nonattainment area that is subject to Subpart 2,
Part D, Title I of the Act shall be considered a significant net emissions
increase.
"Significant emissions increase" means, for
a regulated NSR pollutant, an increase in emissions that is significant for
that pollutant.
"Stationary source" means any building,
structure, facility, or installation that emits or may emit a regulated NSR
pollutant.
"Temporary clean coal technology demonstration
project" means a clean coal technology demonstration project that is
operated for a period of five years or less and that complies with the SIP and
other requirements necessary to attain and maintain the national ambient air
quality standards during the project and after it is terminated.
"Volatile organic compounds" or
"VOC" means any compound included in the definition of
"volatile organic compounds" found at
40 CFR §
51.100(s) as amended through
February 8, 2023.