(a) The following
provisions govern an actual PAL for a major facility:
(1) The Department may approve the use of an
actual PAL for any existing major facility if the PAL meets the requirements in
this subsection and subsections (b)-(n).
(2) The Department will not permit an actual
PAL for VOC or NOx for a major facility located in an extreme ozone
nonattainment area.
(3) A physical
change in or change in the method of operation of a major facility that
maintains its total facility-wide emissions below the PAL level, meets the
requirements in this subsection and subsections (b)-(n) and complies with the
PAL permit is not:
(i) A major modification
for the PAL pollutant.
(ii) Subject
to this subchapter.
(iii) Subject
to §
127.203(e)(2)
(relating to facilities subject to special permit
requirements).
(4) An
owner or operator of a major facility shall continue to comply with applicable
Federal or State requirements, emissions limitations and work practice
requirements that were established prior to the PAL effective date.
(b) The owner or operator of a
major facility shall submit the following information to the Department as part
of the PAL application:
(1) A list of the
emissions units at the facility designated as small, significant or major based
on their potential to emit. The list must indicate which Federal or State
applicable requirements, emissions limitations or work practices apply to each
unit.
(2) Calculations and
supporting documentation for the baseline actual emissions, which include
emissions associated with operation of the unit, startups and
shutdowns.
(3) The calculation
procedures that the owner or operator of the major facility 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 subsection
(m)(1).
(c) The
Department may establish a PAL if the following requirements are met:
(1) The PAL shall impose an annual emissions
limitation in TPY for the entire major facility. For each month during the PAL
effective period after the first 12 months of establishing a PAL, the owner or
operator of the major facility shall show that the sum of the monthly emissions
from each emissions unit under the PAL for the previous 12 consecutive months,
expressed as a 12-month rolling total, is less than the PAL. For each month
during the first 11 months from the PAL effective date, the owner or operator
of the major facility 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.
(2) The PAL
shall be established in a PAL permit that meets the public participation
requirements in subsection (e).
(3)
The PAL permit shall contain the requirements of subsection (g).
(4) 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 facility.
(5) Each PAL shall regulate emissions of only
one pollutant.
(6) Each PAL shall
have a PAL effective period of 10 years.
(7) The owner or operator of a major facility
issued a PAL permit shall comply with the monitoring, recordkeeping and
reporting requirements provided in subsections (m)-(o) for each emissions unit
under the PAL through the PAL effective period.
(d) At no time during or after the PAL
effective period are emissions reductions of a PAL pollutant, which occur
during the PAL effective period, creditable as decreases for purposes of
offsets under this subchapter unless the level of the PAL is reduced by the
amount of the emissions reductions and the reductions would be creditable in
the absence of the PAL.
(e) A PAL
for an existing major facility must be established or modified in accordance
with the public notice procedures under §§
127.44,
127.424 and
127.521 (relating to public
notice; public notice; and additional public participation
provisions).
(f) Setting the
10-year actual PAL level must comply with the following:
(1) The actual PAL level for a major facility
must be established as the sum of the baseline actual emissions of the PAL
pollutant for each emissions unit at the facility plus an amount equal to the
applicable emissions rate that is significant for the PAL pollutant or under
the Clean Air Act, whichever is lower.
(2) When establishing the actual PAL level,
for a PAL pollutant, 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.
(3) Emissions associated
with units that were permanently shut down after this 24-month period must be
subtracted from the PAL level.
(4)
For newly constructed emission units, which do not include modifications to
existing units, on which actual construction began after the 24-month period,
instead of adding the baseline actual emissions as specified in this paragraph,
the emissions must be added to the PAL level in an amount equal to the
potential to emit of the emission units.
(5) The Department will specify a reduced PAL
level in TPY 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 prior to issuance of the PAL permit.
(g) At a minimum, the PAL permit
must contain the following information:
(1)
The PAL pollutant and the applicable facility-wide emissions limitation in
TPY.
(2) The effective date and the
expiration date.
(3) A requirement
that if the owner or operator of a major facility applies to renew a PAL in
accordance with subsection (k) before the end of the PAL effective period, the
PAL permit does not expire at the end of the PAL effective period. The PAL
permit remains in effect until the Department issues a revised PAL
permit.
(4) A requirement that
emission calculations for compliance purposes include emissions from startups,
shutdowns and malfunctions.
(5) A
requirement that, upon expiration of the PAL permit, the owner or operator of a
major facility is subject to the requirements of subsection (j).
(6) The calculation procedures that the owner
or operator of a major facility 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 subsection (n)(1).
(7) A requirement that the owner or operator
of a major facility monitor all emissions units in accordance with subsection
(m).
(8) A requirement that the
owner or operator retain the records required under subsection (n) and that
they be retrievable onsite.
(9) A
requirement that the owner or operator submit the reports required under
subsection (o) by the required deadlines.
(10) A requirement that the emissions from a
new source that requires a plan approval shall be the minimum attainable
through the use of BAT. A physical change or change in method of operation at
an existing emissions unit will not be subject to BAT requirements of this
chapter unless the emissions unit is modified so that the fixed capital cost of
new components exceeds 50% of the fixed capital cost that would be required to
construct a comparable entirely new emissions unit.
(11) Other requirements the Department deems
necessary to implement and enforce the PAL.
(h) The Department will specify a PAL
effective period of 10 years.
(i)
The following requirements apply to reopening of the PAL permit:
(1) During the PAL effective period, the
Department will reopen the PAL permit to:
(i)
Correct typographical/calculation errors made in setting the PAL or reflect a
more accurate determination of emissions used to establish the PAL.
(ii) Reduce the PAL if the owner or operator
of the major facility creates creditable emissions reductions for use as
offsets under §
127.207 (relating to creditable
emissions decrease or ERC generation or creation).
(iii) Revise the PAL to reflect an increase
in the PAL as provided under subsection (l).
(2) The Department may reopen the PAL permit
to reduce the PAL:
(i) To reflect newly
applicable Federal requirements with compliance dates after the PAL effective
date.
(ii) Consistent with a
requirement that is enforceable as a practical matter and that the Department
may impose on the major facility consistent with all applicable
requirements.
(iii) If the
Department determines that a reduction is necessary to avoid causing or
contributing to:
(A) A NAAQS or PSD increment
violation.
(B) 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) Except for the permit reopening paragraph
(1)(i) for the correction of typographical/calculation errors that do not
increase the PAL level, other reopening shall be carried out in accordance with
the public participation requirements of subsection (e).
(j) A PAL permit which is not renewed in
accordance with the procedures in subsection (k) expires at the end of the PAL
effective period and the following requirements apply:
(1) The owner or operator of each emissions
unit or each group of emissions units that existed under the PAL shall comply
with an allowable emissions limitation under a revised permit established
according to the following procedures:
(i)
Within the time frame specified for PAL permit renewals in subsection (k)(2),
the owner or operator of the major facility shall submit a proposed allowable
emissions limitation for each emissions unit, or each group of emissions units
if this distribution of allowable emissions is more appropriate as determined
by the Department, by distributing the PAL allowable emissions for the major
facility among each of the emissions units that existed under the PAL permit.
If the PAL permit has not been adjusted for an applicable requirement that
became effective during the PAL effective period, as required under subsection
(k)(5), this distribution is made as if the PAL permit has been
adjusted.
(ii) The Department will
decide whether and how to distribute the PAL allowable emissions and issue a
revised PAL permit incorporating allowable limits for each emissions unit or
each group of emissions units.
(2) The owner or operator of each emissions
unit or group of emissions units shall comply with the allowable emissions
limitation on a 12-month rolling basis. The Department may approve the use of
emissions monitoring systems other than CEMS, CERMS, PEMS or CPMS to
demonstrate compliance with the allowable emissions limitation.
(3) Until the Department issues the revised
PAL permit incorporating the allowable limits for each emissions unit or group
of emissions units required under paragraph (1)(i), the owner or operator of
the facility shall continue to comply with a facility-wide, multi-unit
emissions cap equivalent to the level of the PAL emissions
limitation.
(4) A physical change
or change in the method of operation at the major facility is subject to this
subchapter if the change meets the definition of major modification.
(5) The owner or operator of the major
facility shall continue to comply with any State or Federal applicable
requirements including BAT, BACT, RACT or NSPS that may have applied either
during the PAL effective period or prior to the PAL effective period except for
those emissions limitations that had been established under §
127.203(e)(2),
but were eliminated by the PAL in accordance with the provisions in subsection
(a)(3)(iii).
(k) The
following requirements apply to renewal of a PAL:
(1) The Department will follow the procedures
specified in subsection (e) in approving a request to renew a PAL permit for a
major facility, and will provide both the proposed PAL level and a written
rationale for the proposed PAL level to the public for review and comment in
accordance with the applicable public notice requirements in §§
127.44,
127.424 and
127.521. During the public review,
a person may propose a PAL level for the major facility for consideration by
the Department.
(2) An owner or
operator of a major facility shall submit a timely application to the
Department to request renewal of a PAL permit. A timely application is one that
is submitted at least 6 months prior to, but not earlier than 18 months prior
to the date of permit expiration. If the owner or operator of a major facility
submits a complete application to renew the PAL permit within this time period,
the PAL continues to be effective until the revised permit with the renewed PAL
is issued.
(3) The application to
renew a PAL permit must contain the following information:
(i) The information required in subsection
(b)(1)-(3).
(ii) A proposed PAL
level.
(iii) The sum of the
potentials to emit of the emissions units under the PAL.
(iv) Other information the owner or operator
wishes the Department to consider in determining the appropriate level at which
to renew the PAL.
(4) The
Department will consider the options in subparagraphs (i) and (ii) in
determining whether and how to adjust the PAL. In no case may the adjustment
fail to comply with subparagraphs (iii) and (iv).
(i) If the emissions level calculated in
accordance with subsection (f) is equal to or greater than 80% of the PAL
level, the Department may renew the PAL at the same level without considering
the factors set forth in subparagraph (ii).
(ii) The Department may set the PAL at a
level that it determines to be more representative of the facility'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 facility's voluntary emissions
reductions or other factors specifically identified by the Department in its
written rationale.
(iii) If the
potential to emit of the major facility is less than the PAL, the Department
will adjust the PAL to a level no greater than the potential to emit of the
facility.
(iv) The Department will
not approve a renewed PAL level higher than the current PAL unless the major
facility has complied with subsection (l).
(5) If the compliance date for a State or
Federal requirement that applies to the facility occurs during the PAL
effective period and the Department has not already adjusted for this
requirement, the PAL must be adjusted at the time of the PAL permit renewal or
Title V permit renewal, whichever occurs first.
(l) The following requirements apply to
increasing a PAL during the PAL effective period:
(1) The Department may increase a PAL
emissions limitation during the PAL effective period if the owner or operator
of the major facility complies with the following:
(i) The owner or operator of the major
facility shall submit a complete application to request an increase in the PAL
limit for a PAL major modification. The application must identify the emissions
units contributing to the increase in emissions that cause the major facility's
emissions to equal or exceed its PAL.
(ii) The owner or operator of the major
facility shall demonstrate that the sum of the baseline actual emissions of the
small emissions units assuming application of BAT, 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 BAT or BACT equivalent controls on each small
emissions unit, significant emissions unit or major emissions unit must be
determined by conducting a new BAT or BACT analysis at the time the application
is submitted unless the emissions unit is currently required to comply with a
BAT, BACT or LAER requirement that was established within the preceding 10
years. In this case, the assumed control level for that emissions unit is equal
to the level of BAT, BACT or LAER with which that emissions unit must currently
comply.
(iii) The owner or operator
of the major facility shall obtain a major NSR permit for all emissions units
identified in subparagraph (i), regardless of the magnitude of the emissions
increase resulting from them. The owner or operator of these emissions units
shall comply with the applicable emissions requirements of this subchapter,
even if the units are subject to a PAL or continue to be subject to a
PAL.
(iv) The PAL permit must
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 will 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 determined in
accordance with paragraph (1)(ii), plus the sum of the baseline actual
emissions of the small emissions units.
(3) The PAL permit must be revised to reflect
the increased PAL level under the public notice requirements of subsection (e).
(m) The following
monitoring requirements apply to an owner or operator subject to a PAL:
(1) Each PAL permit must contain enforceable
requirements for the monitoring system to accurately determine plantwide
emissions of the PAL pollutant in terms of mass per unit of time.
(2) The PAL monitoring system must employ one
or more of the four general monitoring approaches meeting the minimum
requirements in paragraph (5) and must be approved in writing by the
Department.
(3) The owner or
operator of the facility may also use an alternative monitoring approach that
meets the requirements of paragraph (1), if approved in writing by the
Department.
(4) Failure to use a
monitoring system that meets the requirements of this section renders the PAL
permit invalid.
(5) The following
are acceptable general monitoring approaches when conducted in accordance with
the minimum requirements in paragraphs (6)-(12):
(i) Mass balance calculations for activities
using coatings or solvents.
(ii)
CEMS.
(iii) CPMS or PEMS.
(iv) Emission factors.
(6) An owner or operator of a major facility
using mass balance calculations to monitor PAL pollutant emissions from
activities using coating or solvents shall meet the following requirements:
(i) 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.
(ii) 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.
(iii) If the vendor
of a material or fuel used in or at the emissions unit publishes a range of
pollutant content from the material, the owner or operator shall use the
highest value of the range to calculate the PAL pollutant emissions unless the
Department determines, in writing, that there is site-specific data or a
site-specific monitoring program to support another content within the
range.
(7) An owner or
operator of a major facility using a CEMS to monitor PAL pollutant emissions
shall meet the following requirements:
(i)
The CEMS must comply with applicable performance specifications found in 40 CFR
Part
60 , Appendix B (relating to performance specifications).
(ii) The CEMS must sample, analyze and record
data at least every 15 minutes while the emissions unit is operating.
(8) An owner or operator of a
major facility using a CPMS or PEMS to monitor PAL pollutant emissions shall
meet the following requirements:
(i) The CPMS
or PEMS must be calibrated based on current site-specific data demonstrating a
correlation between the monitored parameters and the PAL pollutant emissions
across the range of operation of the emissions unit.
(ii) Each CPMS or PEMS must sample, analyze
and record data at least every 15 minutes or other less frequent interval
approved in writing by the Department, while the emissions unit is
operating.
(9) An owner
or operator of a major facility using emission factors to monitor PAL pollutant
emissions shall:
(i) Adjust the emission
factors to account for the degree of uncertainty or limitations in the
development of the factors.
(ii)
Operate the emissions unit within the designated range of use for the emission
factor, if applicable.
(iii)
Conduct validation testing to determine a site-specific emission factor within
6 months of PAL permit issuance, unless the Department determines, in writing,
that testing is not required.
(10) An owner or operator of a facility shall
record and report maximum potential emissions without considering enforceable
emissions limitations or operational restrictions for an emissions unit during
a period of time that there is no monitoring data, unless another method for
determining emissions during these periods is specified in the PAL permit.
(11) If an owner or operator of an
emissions unit cannot demonstrate a correlation between the monitored
parameters and the PAL pollutant emissions rate at the operating points of the
emissions unit, the Department will, at the time of permit issuance, either:
(i) Establish default values for determining
compliance with the PAL permit based on the highest potential emissions
reasonably estimated at the operating points.
(ii) Determine that operation of the
emissions unit during operating conditions when there is no correlation between
monitored parameters and the PAL pollutant emissions is a violation of the PAL
permit.
(12) Data used to
establish the PAL must be revalidated through performance testing or other
scientifically valid means approved in writing by the Department. This testing
must occur at least once every 5 years after issuance of the PAL
permit.
(n) The following
requirements apply to recordkeeping:
(1) The
PAL permit must require an owner or operator to retain a copy of the records
necessary to determine compliance with a requirement of this section and of the
PAL, including a determination of the 12-month rolling total emissions for each
emissions unit, for 5 years.
(2)
The PAL permit must require an owner or operator to retain a copy of the
following records for the duration of the PAL effective period and 5 years
after the PAL permit expires:
(i) A copy of
the PAL permit application and applications for revisions to the PAL
permit.
(ii) Each annual
certification of compliance required under Title V of the Clean Air Act
(42 U.S.C.A. §§
7661-
7661f) and regulations adopted
under the act and the data relied on in certifying the
compliance.
(o)
The following requirements apply to reporting and notification:
(1) The owner or operator of a major facility
shall submit semiannual monitoring reports and prompt deviation reports to the
Department in accordance with the Title V operating permit requirements of
Subchapters F and G (relating to operating permit requirements; and Title V
operating permits).
(2) The
semiannual reports must:
(i) Be submitted to
the Department within 30 days of the end of each reporting period.
(ii) Contain the following information:
(A) The identification of the owner and
operator and the permit number.
(B)
Total annual emissions in TPY based on a 12-month rolling total for each month
in the reporting period recorded in compliance with subsection
(n)(1).
(C) Data relied upon,
including the quality assurance or quality control data, in calculating the
monthly and annual PAL pollutant emissions.
(D) A list of the emissions units modified or
added to the major facility during the preceding 6-month period.
(E) The number, duration and cause of
deviations or monitoring malfunctions, other than the time associated with zero
and span calibration checks, and the corrective action taken.
(F) A notification of a shutdown of a
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, 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 the
method included in the permit under subsection (m)(10).
(G) A statement signed by a responsible
official of the company that owns or operates the facility certifying the
truth, accuracy and completeness of the information provided in the
report.
(3) The
reports of deviations and exceedances of the PAL requirements, including
periods in which no monitoring is available, must:
(i) Be submitted to the Department promptly.
A report submitted under Subchapter G satisfies this reporting
requirement.
(ii) Contain the
following information:
(A) The identification
of the 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.
(D) A statement signed by a responsible
official of the company that owns or operates the facility certifying the
truth, accuracy and completeness of the information provided in the
report.
(4) The
owner or operator of a major facility shall submit to the Department the
results of any revalidation test or method within 3 months after completion of
the test or method.
(p)
The Department may modify or supersede any PAL which was established prior to
the date of approval of the PAL provisions by the EPA as a revision to the
SIP.