Md. Code Regs. 26.11.17.08 - Plantwide Applicability Limit (PAL) - Permits
A. Permit Application.
(1) The owner or operator of a major
stationary source may apply for a PAL permit by submitting an application to
the Department that includes:
(a) A list of
all emissions units at the source designated as small, major, or significant
based on their potential to emit;
(b) Applicable State and federal requirements
for each emissions unit;
(c) The
baseline actual emissions for each emissions unit with supporting calculations
and documentation including emissions associated with startup, shutdown, and
malfunctions; and
(d) The method to
be used to monitor each emissions unit.
(2) The source shall include in the
application calculations and procedures that are to be used to convert
emissions data to monthly emissions to enable calculation of 12-month rolling
averages.
B. PAL Level.
(1) The PAL level for a major stationary
source shall be established as the sum of the baseline actual emissions 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 Regulation .01B of
this chapter or under the Clean Air Act, whichever is lower.
(2) When establishing the actual PAL levels
for a PAL pollutant, only one consecutive 24-month period shall 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.
(3) Emissions
associated with units that were permanently shut down after the 24-month period
shall be subtracted from the PAL level. Emissions from units on which actual
construction began after the 24-month period shall be added to the PAL level in
an amount equal to the potential to emit of the units.
(4) The Department shall specify a reduced
PAL level, in tons per year, in the PAL permit to become effective on the
future compliance date of any applicable federal or state regulatory
requirement that the Department is aware of before issuance of the PAL
permit.
C. Issuance of a
PAL Permit.
(1) If the Department approves an
application for a PAL permit, the PAL permit shall be issued for a period not
to exceed 5 years from the PAL effective date.
(2) The PAL permit shall include:
(a) The PAL pollutant and the applicable
source-wide emissions limitation in tons per year;
(b) The effective date and expiration date of
the PAL;
(c) Specification that if
a major stationary source owner or operator applies to renew a PAL in
accordance with §G of this regulation before the end of the PAL effective
period, then the PAL does not expire at the end of the PAL effective period but
remains in effect until a revised PAL permit is issued by the
Department;
(d) A requirement that
emissions calculations for compliance purposes include emissions from startup,
shutdowns, and malfunctions;
(e) A
requirement that, once the PAL expires, the major stationary source is subject
to the requirements of §E of this regulation;
(f) 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;
(g) A
requirement that the major stationary source owner or operator monitor all
emissions units and retain records, in accordance with the provisions of
Regulation .09A of this chapter, which may be retained in an electronic
format;
(h) A requirement to submit
the reports required under Regulation .09A of this chapter by the required
deadlines; and
(i) Any other
requirement that the Department determines is necessary to implement and
enforce the PAL.
D. General Requirements.
(1) 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.
(2)
The PAL shall include emissions of only one pollutant, including quantifiable
fugitive emissions of that pollutant from all emissions units.
(3) 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. 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.
(4) A person who receives a PAL permit from
the Department is subject to:
(a) All
applicable existing State and federal requirements; and
(b) Any future State or federal requirements
that apply to an emissions unit under an approved PAL.
(5) During the PAL effective period, emission
reductions of a PAL pollutant may not be creditable for use as ERCs unless the
level of the PAL is reduced by the amount of the reduction and the reduction
would be creditable in the absence of the PAL.
(6) PALs for existing major stationary
sources shall be established, renewed, or increased through a public
participation procedure that is consistent with
40 CFR §§
51.160 and
51.161. The Department shall
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. All comments received by
the Department shall be addressed before the Department takes final action on
the permit.
E.
Expiration of a PAL.
(1) Any PAL that is not
renewed according to §G of this regulation shall expire at the end of the
PAL effective period.
(2) Within
the time frame specified for PAL renewals, the major stationary source shall
submit a proposed allowable emission limitation for each emissions unit (or
each group of emissions units, if this distribution is more appropriate, as
determined by the Department) 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 any applicable
requirement that became effective during the PAL effective period, as required
under §G of this regulation, the distribution shall be made as if the PAL
had been adjusted.
(3) The
Department 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 Department determines
is appropriate.
(4) Each emissions
unit shall comply with the allowable emission limitation on a 12-month rolling
basis. The Department may approve the use of monitoring systems (for example,
source testing or emission factors) other than CEMs, CERMs, PEMs, or CPMs to
demonstrate compliance with the allowable emission limitation.
(5) Until the Department issues the revised
permit incorporating allowable limits for each emissions unit, or each group of
emissions units, the source shall continue to comply with a source-wide,
multi-unit emissions cap equivalent to the level of the PAL emission
limitation.
(6) Any physical change
or change in the method of operation at the major stationary source is subject
to the nonattainment major NSR requirements if the change meets the definition
of a major modification.
(7) 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 before the PAL effective
period, except for those emission limitations that had been established
pursuant to Regulation .02G of this chapter but were eliminated by the PAL in
accordance with Regulation .07A(2)(c) of this chapter.
F. Reopening a PAL Permit.
(1) During the PAL effective period, the
permit may be reopened to:
(a) Correct any
errors in setting the PAL or to reflect a more accurate determination of
emissions used to establish the PAL;
(b) Reduce the PAL if the source creates
emission reduction credits; or
(c)
Reflect a necessary increase in the PAL level.
(2) The Department may reopen the PAL to:
(a) Reflect a new federal or State
requirement that would apply to an emissions unit after the effective date or
for other reasons determined by the Department;
(b) Reduce the PAL consistent with any other
requirement that is enforceable as a practicable matter, and that the
Department may impose on the major stationary source; or
(c) Reduce the PAL if the Department
determines that a reduction is necessary to avoid causing or contributing to:
(i) A NAAQS or PSD increment violation;
or
(ii) An adverse impact on an air
quality related value 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)
Any adjustment to the PAL shall be made through the public participation
procedures required when the PAL was first established.
G. Renewal of a PAL.
(1) A person who requests renewal of a PAL
permit shall apply for the renewal not later than 6 months before the existing
PAL permit expiration date. If a person submits a complete application to renew
the PAL within that time period, the PAL shall continue to be effective until a
renewed permit is issued.
(2) The
application to renew the PAL shall contain the following:
(a) The information required in §A of
this regulation;
(b) A proposed PAL
level;
(c) The sum of potential to
emit of all emissions units under the PAL and supporting documentation;
and
(d) Any other information the
owner or operator wishes the Department to consider in determining the
appropriate level for renewing the PAL.
(3) Adjustments at Renewal.
(a) If the sum of the emissions from each
emissions unit within the PAL is 80 percent or less than the PAL, a renewed PAL
permit may be issued at the same level.
(b) The Department 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 Department in its written
rationale.
(c) If the potential to
emit of the major stationary source is less than the PAL, the Department shall
adjust the PAL to a level not greater than the potential to emit of the source,
and the Department may not approve a renewed PAL level higher than the current
PAL unless the major stationary source has complied with the provisions of
Regulation .09A of this chapter.
(4) If a compliance date for a State or
federal requirement that applies to the PAL source occurs during the PAL
effective period, and if the Department has not already adjusted for this
requirement, that PAL shall be adjusted at the time of PAL renewal or Title V
permit renewal, whichever occurs first.
(5) The Department shall provide both the
proposed PAL level and a written rationale for the proposed PAL level to the
public for review and comment. During the public review, any person may propose
a PAL level for the source for consideration by the Department.
H. Increasing a PAL.
(1) Requirements for Increasing a PAL.
(a) A PAL may be increased during the PAL
effective period if the requirements of this subsection are met.
(b) 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. The application shall identify the
emissions units contributing to the increase in emissions so as to cause the
major stationary source's emissions to equal or exceed its PAL.
(c) 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 units, 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 this case, the assumed control level for that
emissions unit shall be equal to the level of BACT or LAER with which that
emissions unit shall currently comply.
(d) The owner or operator shall obtain a
major NSR permit for all emissions units identified in this subsection
regardless of the magnitude of the emissions increase resulting from them (that
is, no significant levels apply). These emissions units shall comply with any
emissions requirements resulting from the nonattainment major NSR program
processed (for example, LAER), even though they have also become subject to the
PAL or continue to be subject to the PAL.
(e) The PAL permit shall require that the
increased PAL level 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.
(2) The
Department shall calculate the new PAL as the sum of 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 §H(1)(c) of this
regulation), plus the sum of the baseline actual emissions of the small
emissions units.
(3) The PAL permit
shall be revised to reflect the increased PAL level pursuant to the public
notice requirements of §D(6) of this regulation.
Notes
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