(a) Definitions.
For purposes of this section:
"Actual emissions" means the
actual rate of emissions of a regulated NSR pollutant from an emissions unit,
as determined in accordance with paragraphs (i) through (iii) of this
definition, except that this definition shall not apply for calculating whether
a significant emissions increase has occurred, or for establishing a PAL under
paragraph (b)(xv) of this section. Instead, the definitions for "Projected
actual emissions" and "Baseline actual emissions" of this section shall apply
for those purposes.
(i) In general,
actual emissions as of a particular date shall equal the average rate, in tons
per year, at which the unit actually emitted the pollutant during a consecutive
24-month period which precedes the particular date and which is representative
of normal source operation. The Division 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.
(ii) The Division may presume that
source-specific allowable emissions for the unit are equivalent to the actual
emissions of the unit.
(iii) 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
Administrator of the Division of Air Quality, Wyoming Department of
Environmental Quality.
"Allowable emissions" means
the emission rate of a stationary source calculated using the maximum rated
capacity of the source (unless the source is subject to enforceable permit
conditions which limit the operating rate or hours of operation, or both) and
the most stringent of the following:
(i) Applicable standards set forth in Chapter
5, Section 2 or Section 3 of these regulations and other new source performance
standards and national emission standards for hazardous air pollutants
promulgated by the EPA but not yet adopted by the State of Wyoming.
(ii) Any other applicable emission limit in
these regulations.
(iii) The
emission rate agreed to by the owner or operator as an enforceable permit
condition.
"Baseline actual emissions"
means the rate of emissions, in tons per year, of a regulated NSR pollutant, as
determined in accordance with paragraphs (i) through (iv) of this
definition.
(i) For any existing
electric utility steam generating unit, baseline actual emissions means the
average rate, in tons per year, at which the unit actually emitted the
pollutant during any consecutive 24-month period selected by the owner or
operator within the 5-year period immediately preceding when the owner or
operator begins actual construction of the project. The Division shall allow
the use of a different time period upon a determination that it is more
representative of normal source operation.
(A) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(B)
The average rate shall be adjusted downward to exclude any non-compliant
emissions that occurred while the source was operating above an emission
limitation that was legally enforceable during the consecutive 24-month
period.
(C) For a regulated NSR
pollutant, when a project involves multiple emissions units, only one
consecutive 24-month period must be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
(D) The average rate shall not be based on
any consecutive 24-month period for which there is inadequate information for
determining annual emissions, in tons per year, and for adjusting this amount
if required by paragraph (i)(B) of this definition.
(ii) For an existing emissions unit (other
than an electric utility steam generating unit), baseline actual emissions
means the average rate, in tons per year, at which the emissions unit actually
emitted the pollutant during any consecutive 24-month period selected by the
owner or operator within the 10-year period immediately preceding either the
date the owner or operator begins actual construction of the project, or the
date a complete permit application is received by the Division for a Chapter 6,
Section 4 permit, whichever is earlier, except that the 10-year period shall
not include any period earlier than November 15, 1990.
(A) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(B)
The average rate shall be adjusted downward to exclude any non-compliant
emissions that occurred while the source was operating above an emission
limitation that was legally enforceable during the consecutive 24-month
period.
(C) The average rate shall
be adjusted downward to exclude any emissions that would have exceeded an
emission limitation with which the major stationary source must currently
comply, had such major stationary source been required to comply with such
limitations during the consecutive 24-month period; however, if an emission
limitation is part of a maximum achievable control technology standard that the
EPA Administrator proposed or promulgated under 40 CFR
63, the baseline actual
emissions need only be adjusted if the Division 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).
(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 (ii)(B) and (C)
of this definition.
(iii) For a new emissions unit, the baseline
actual emissions for purposes of determining the emissions increase that will
result from the initial construction and operation of such unit shall equal
zero; and thereafter, for all other purposes, shall equal the unit's potential
to emit.
(iv) For a PAL for a
stationary source, the baseline actual emissions shall be calculated for
existing electric utility steam generating units in accordance with the
procedures contained in paragraph (i) of this definition, for other existing
emissions units in accordance with the procedures contained in paragraph (ii)
of this definition, and for a new emissions unit in accordance with the
procedures contained in paragraph (iii) of this definition.
"Baseline area" means any
intrastate area (and every part thereof) designated as attainment or
unclassifiable under the Federal Clean Air Act in which a major source or major
modification establishing the minor source baseline date would construct or
would have an air quality impact for the pollutant for which the baseline date
is established as follows: Equal to or greater than 1
µg/m3 (annual average) for
SO2, NO2, or
PM10; or equal to or greater than 0.3
µg/m3 (annual average) for
PM2.5.
(i) The
following baseline areas have been designated as separate particulate matter
attainment areas under section 107 of the Clean Air Act:
(A) The Powder River Basin Area, described as
that area bounded by Township 40 through 52 North, and Range 69 through 73
West, inclusive of the Sixth Principal Meridian, Campbell and Converse
Counties, excluding the areas defined as the Pacific Power and Light attainment
area and the Hampshire Energy attainment area.
(B) The Pacific Power and Light Area,
described as that area bounded by the NW1/4 of Section 27, T50N, R71W, Campbell
County, Wyoming.
(C) The Hampshire
Energy Area, described as that area bounded by Section 6 excluding the SW1/4;
E1/2 Section 7; Section 17 excluding the SW1/4; Section 14 excluding the SE1/4;
Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 of T48N, R70W and Section 26
excluding the NE1/4; SW1/4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30,
31, 32, 33, 34, 35 of T49N, R70W, Campbell County, Wyoming.
(D) The Kennecott-Puron Area, described as
the area bounded by the W1/2SW1/4 Section 18, W1/2NW1/4, NW1/4SW1/4 Section 19,
T47N, R70W, S1/2 Section 13, N1/2, N1/2SW1/4, N1/2SE1/4 Section 24 T47N, R71W,
Campbell County, Wyoming.
(E) The
remainder of the State of Wyoming.
(ii) Any baseline area established originally
for the TSP increments shall remain in effect and shall apply for purposes of
determining the amount of available PM10 increments.
"Baseline concentration" means
that ambient concentration level which 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, as defined in this section, representative of sources in
existence on the applicable minor source baseline date, except as provided in
paragraph (iv) of this definition;
(ii) The allowable emissions of major
stationary sources which commenced construction before the major source
baseline date, but were not in operation by the applicable minor source
baseline date;
(iii) Contributions
due to emissions from any emitting source or modification which (1) is not
listed in Chapter 6, Section 4(a) under the definition for "Major stationary
source", item (a) and qualified as "major" prior to August 7, 1980 only because
fugitive emissions were included in determining potential to emit, (2)
submitted a complete permit application under Chapter 6, Section 4(b) or the
Federal Clean Air Act prior to August 7, 1980, and (3) was in existence as of
the minor source baseline date;
(iv) The following will not be included in
the baseline concentration and will affect the applicable maximum allowable
increment:
(A) Actual emissions, as defined in
this section, from any major stationary source on which construction commenced
after the major source baseline date; and
(B) Actual emissions increases and decreases,
as determined in accordance with the definition for "Actual emissions" in this
section, at any stationary source occurring after the minor source baseline
date.
"Begin actual construction"
means, in general, initiation of physical on-site construction activities on an
emissions unit which are of a permanent nature. Such activities include, but
are not limited to, installation of building supports and foundations, laying
of underground pipework, and construction of permanent storage structures. With
respect to a change in method of operation this term refers to those onsite
activities, other than preparatory activities, which mark the initiation of the
change.
"Best available control
technology" means an emission limitation (including a visible
emission standard) based on the maximum degree of reduction of each pollutant
subject to regulation under these Standards and Regulations or regulation under
the Federal Clean Air Act, which would be emitted from or which results for any
proposed major stationary source or major modification which the Administrator,
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 or production processes and available methods,
systems, and techniques, including fuel cleaning or treatment or innovative
fuel combustion techniques for control of such pollutant. If the Administrator
determines that technological or economic limitations on the application of
measurement methodology to a particular emissions unit would make the
imposition of an emission standard infeasible, he may instead prescribe a
design, equipment, work practice or operational standard or combination thereof
to satisfy the requirement of Best Available Control Technology. Such standard
shall, to the degree possible, set forth the emission reduction achievable by
implementation of such design, equipment, work practice, or operation and shall
provide for compliance by means which achieve equivalent results. Application
of BACT shall not result in emissions in excess of those allowed under Chapter
5, Section 2 or Section 3 of these regulations and any other new source
performance standard or national emission standards for hazardous air
pollutants promulgated by the EPA but not yet adopted by the State of
Wyoming.
"Clean coal technology" means
any technology, including technologies applied at the precombustion,
combustion, or post combustion stage, at a new or existing facility which will
achieve significant reduction in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the generation of
electricity, or process steam which was not in widespread use as of November
15, 1990.
"Clean coal technology demonstration
project" means a project using funds appropriated under the
heading "Department of Energy-Clean Coal Technology", up to a total amount of
$2,500,000,000 for commercial demonstration of clean coal technology, or
similar projects funded through appropriations for the Environmental Protection
Agency. The Federal contribution for a qualifying project shall be at least 20
percent of the total cost of the demonstration project.
"Commenced", as applied to
construction of a major stationary source or major modification, means that the
owner or operator has obtained a Construction Permit required by Chapter 6,
Section 2 and either has (i) begun, or caused to begin, a continuous program of
actual on-site construction of the source or (ii) 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
construction of the source to be completed within a reasonable time.
"Complete" means, in reference
to an application for a permit, that the application contains all the
information necessary for processing the application. Designating an
application complete for purposes of permit processing does not preclude the
Division from requesting or accepting any additional information.
"Construction" means any
physical change or change in the method of operation (including fabrication,
erection, installation, demolition, or modification of an emissions unit) which
would result in a change in emissions.
"Continuous emissions monitoring system
(CEMS)" means all of the equipment that may be required to meet
the data acquisition and availability requirements of this section, to sample,
condition (if applicable), analyze, and provide a record of emissions on a
continuous basis.
"Continuous emissions rate monitoring system
(CERMS)" means the total equipment required for the
determination and recording of the pollutant mass emissions rate (in terms of
mass per unit of time).
"Continuous parameter monitoring system
(CPMS)" means all of the equipment necessary to meet the data
acquisition and availability requirements of this section, to monitor process
and control device operational parameters (for example, control device
secondary voltages and electric currents) and other information (for example,
gas flow rate, 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 utility steam
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 utility steam generating unit
as defined in this section. For purposes of this section, there are two types
of emissions units as described in paragraphs (i) and (ii) of this
definition.
(i) A new emissions unit
is any emissions unit that is (or will be) newly constructed and that has
existed for less than 2 years from the date such emissions unit first
operated.
(ii) An existing
emissions unit is any emissions unit that does not meet the requirements in
paragraph (i) of this definition.
"Enforceable" means all
limitations and conditions which are enforceable under provisions of the
Wyoming Environmental Quality Act and/or are federally enforceable by the
Administrator of the EPA, including those requirements developed pursuant to 40
CFR parts 60 and 61, requirements within the State Implementation Plan, and any
permit requirements established pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR 51.18 or
51.166.
"Federal Land Manager" means,
with respect to any lands in the United States, the Secretary of the Department
with authority over such lands.
"Fugitive emissions" means
those emissions which could not reasonably pass through a stack, chimney, vent,
or other functionally equivalent opening.
"Greenhouse gases (GHGs)", the
air pollutant defined as the aggregate group of six greenhouse gases: carbon
dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride, shall not be subject to regulation except as provided in
paragraph (iii) of this definition.
(i) For purposes of paragraphs (ii) and (iii)
of this definition, the term
"tpy CO2
equivalent emissions (CO2e)" shall
represent an amount of GHGs emitted, and shall be computed as follows:
(A) Multiplying the mass amount of emissions
(tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's
associated global warming potential published at Table A-1 to Subpart A of 40
CFR part
98 --Global Warming Potentials. Table A-1 to Subpart A of 40 CFR part
98 is adopted by reference.
(B) Sum
the resultant value from paragraph (i)(A) of this definition for each gas to
compute a tpy CO2e.
(C) Prior to July 21, 2014, the mass of the
greenhouse gas carbon dioxide shall not include carbon dioxide emissions
resulting from the combustion or decomposition of non-fossilized and
biodegradable organic material originating from plants, animals, or
micro-organisms (including products, by-products, residues and waste from
agriculture, forestry and related industries as well as the non-fossilized and
biodegradable organic fractions of industrial and municipal wastes, including
gases and liquids recovered from the decomposition of non-fossilized and
biodegradable organic material).
(ii) The term "emissions
increase" as used in paragraph (iii) of this definition shall
mean that both a significant emissions increase (as calculated using the
procedures in (b)(i)(J) of this section) and a significant net emissions
increase (as "net emissions increase" and "significant" are defined in this
section) occur. For the pollutant GHGs, an emissions increase shall be based on
tpy CO2e, and shall be calculated assuming the pollutant
GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy
CO2e instead of applying the provisions in paragraphs
(ii) or (iii) of the definition of "significant" in this section.
(iii) The pollutant GHGs is subject to
regulation if the stationary source is:
(A) A
new major stationary source for a regulated NSR pollutant that is not GHGs, and
also will emit or will have the potential to emit 75,000 tpy
CO2e or more; or
(B) An existing major stationary source for a
regulated NSR pollutant that is not GHGs, and also will have an emissions
increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy
CO2e or more; or,
(C) A new stationary source that will emit or
have the potential to emit 100,000 tpy CO2e;
or
(D) An existing stationary
source that emits or has the potential to emit 100,000 tpy
CO
2e, when such stationary source undertakes a physical
change or change in the method of operation that will result in an emissions
increase of 75,000 tpy CO
2e or more.
"High terrain" means any area
having an elevation 900 feet or more above the base of the stack of a
source.
"Indian Governing Body" means
the governing body of any tribe, band, or group of Indians subject to the
jurisdiction of the United States and recognized by the United States as
possessing power of self-Government.
"Indian Reservation" means any
federally recognized reservation established by treaty, agreement, executive
order, or act of Congress.
"Innovative control
technology" means any system of air pollution control that has
not been adequately demonstrated in practice, but would have a substantial
likelihood of achieving greater continuous emissions reduction than any control
system in current practice or of achieving at least comparable reductions at
lower cost in terms of energy, economics, or non air quality environmental
impacts.
"Lowest achievable emission rate
(LAER)" means, for any source, the more stringent rate of
emissions based on the following:
(i)
The most stringent emissions limitation which 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
(ii) The most stringent emissions limitation
which 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.
"Low terrain" means any area
other than high terrain.
"Major modification" means any
physical change in or change in the method of operation of a major stationary
source that would result in: a significant emissions increase (as defined in
the definition for "Significant emissions increase" in this section) of a
regulated NSR pollutant (as defined in the definition for "Regulated NSR
pollutant" in this section); and a significant net emissions increase of that
pollutant from the major stationary source. Any significant emissions increase
(as defined in the definition for "Significant emissions increase" in this
section) from any emissions units or net emissions increase (as defined in the
definition for "Net emissions increase" in this section) at a major stationary
source that is significant for volatile organic compounds or NOx shall be
considered significant for ozone.
(i)
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 by reason of an order under section 125 of the Federal Clean
Air Act;
(C) An increase in the
hours of operation or in the production rate, if such increase does not exceed
the operating design capacity of the major stationary source unless such change
would be prohibited by, or inconsistent with, an enforceable permit issued by
the Division;
(D) Use of an
alternative fuel or raw material by reason of an order in effect 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 effect pursuant to the Federal Power Act;
(E) Use of an alternative fuel or raw
material, if prior to January 6, 1975, the source was capable of accommodating
such fuel or material unless such change would be prohibited by, or
inconsistent with, an enforceable permit issued by the Division, or if the
source is approved to use such fuel or material through an enforceable permit
issued under these regulations;
(F)
Change in ownership of the stationary source;
(G) The use of municipal solid waste as an
alternative fuel at a steam generating plant;
(H) The installation, operation, cessation or
removal of a temporary clean coal technology demonstration project, provided
that the project complies with:
(I) The
Wyoming State Implementation Plan, and
(II) Other requirements necessary to attain
and maintain the national ambient air quality standards during the project and
after it is terminated.
(I) The installation or operation of a
permanent clean coal technology demonstration project that constitutes
repowering, provided that the project does not result in an increase in the
potential to emit of any regulated pollutant emitted by the unit. This
exemption shall apply on a pollutant-by-pollutant basis.
(J) The reactivation of a very clean
coal-fired electric utility steam generating unit.
(ii) This definition shall not apply with
respect to a particular regulated NSR pollutant when the major stationary
source is complying with the requirements under paragraph (b)(xv) of this
section for a PAL for that pollutant. Instead, the definition in paragraph
(b)(xv)(B) for "PAL major modification" of this section shall apply.
"Major source baseline date"
means:
(i) In the case of
PM10 and sulfur dioxide, January 6, 1975; and
(ii) In the case of nitrogen dioxide,
February 8, 1988.
(iii) In the case
of PM
2.5, October 20, 2010.
"Major stationary source"
means
(a) any of the following
stationary sources of air pollutants which emit, or have the potential to emit,
one hundred tons per year or more of any air pollutant for which standards are
established under these Standards and Regulations or under the Federal Clean
Air Act, except for sources of GHGs addressed separately under (e) of this
definition: fossil fuel-fired steam electric plants of more than two hundred
and fifty million British thermal units per hour heat input, coal cleaning
plants (with thermal dryers), kraft pulp mills, Portland Cement plants, primary
zinc smelters, iron and steel mill plants, primary aluminum ore reduction
plants (with thermal dryers), primary copper smelters, municipal incinerators
capable of charging more than two hundred and fifty tons of refuse per day,
hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime
plants, phosphate rock processing plants, coke oven batteries, sulfur recovery
plants, carbon black plants (furnace process), primary lead smelters, fuel
conversion plants, sintering plants, secondary metal production plants,
chemical process plants (which does not include ethanol production facilities
that produce ethanol by natural fermentation included in NAICS codes 325193 or
312140), fossil fuel boilers (or combinations thereof) of more than two hundred
and fifty million British thermal units per hour heat input, petroleum storage
and transfer plants with a capacity exceeding three hundred thousand barrels,
taconite ore processing plants, glass fiber processing plants, charcoal
production plants.
(b) Such term
also includes any stationary source which emits, or has the potential to emit,
two hundred and fifty tons per year or more of any air pollutant for which
standards are established under these Standards and Regulations or under the
Federal Clean Air Act, except for sources of GHGs addressed separately under
(e) of this definition.
(c) Such
term also includes any physical change that would occur at a stationary source
not otherwise qualifying under this definition if the change would constitute a
major stationary source by itself.
(d) A major source which is major for
volatile organic compounds or NOx is considered to be
major for ozone.
(e) Such term also
includes any source of greenhouse gases as defined in Chapter 6, Section 4(a),
but only if: the greenhouse gases are subject to regulation under subsection
(iii) of that definition, and the source's potential to emit greenhouse gases
exceeds 100 tpy on a mass basis if listed under (a) of this definition of
"Major stationary source" or 250 tpy on a mass basis if listed under (b) of
this definition of "Major stationary source."
"Minor source baseline date"
means the earliest date after August 7, 1977 for PM10
and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after
October 20, 2011 for PM2.5 on which a major stationary
source or major modification submits a complete permit application under
Chapter 6, Section 4(b) or under the Federal Clean Air Act.
(i) The minor source baseline date
for sulfur dioxide for the State of Wyoming is February 2, 1978.
(ii) The minor source baseline date for
nitrogen oxides for the State of Wyoming is February 26, 1988.
(iii) The minor source baseline date for
PM
10 is as follows:
(A) For the Powder River Basin Area - March
6, 1997;
(B) For the Pacific Power
and Light Area - June 18 1980;
(C)
For the Hampshire Energy Area - September 30, 1982;
(D) For the Kennecott-Puron Area - February
27, 1995;
(E) For the rest of the
State of Wyoming - February 22, 1979.
(iv) The minor source baseline date for
PM
2.5 is as follows:
(A) For Laramie County - March 1,
2012;
(B) For the City of Cheyenne
- March 1, 2012;
(C) For Carbon
County - May 1, 2012;
(D) For
Sweetwater County - December 12, 2012.
(v) The baseline date is established for each
pollutant for which increments or other equivalent measures have been
established, if:
(A) The area in which the
proposed source or modification would construct is designated as attainment or
unclassifiable under the Federal Clean Air Act for the pollutant on the date of
its complete application; and
(B)
In the case of a major stationary source, the pollutant would be emitted in
significant amounts, or in the case of a major modification, there would be a
significant net emissions increase of the pollutant.
(vi) The baseline date is not established by
the permit application for an emitting source or modification which (1) is not
listed in Chapter 6, Section 4(a) under the definition for "Major stationary
source", item (a), (2) qualified as "major" prior to August 7, 1980 only
because fugitive emissions were included in determining potential to emit, and
(3) submitted a complete permit application under Chapter 6, Section 4(b) or
the Federal Clean Air Act prior to August 7, 1980.
(vii) 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.
"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:
(i) The increase in emissions
from a particular physical change or change in the method of operation at a
stationary source as calculated pursuant to paragraph (b)(i)(J) of this
section;
(ii) Any other increases
and decreases in actual emissions at the major stationary source that are
contemporaneous with the particular change and are otherwise creditable.
Baseline actual emissions for calculating increases and decreases under this
paragraph (ii) shall be determined as provided in the definition for "Baseline
actual emissions", except that paragraphs (i)(C) and (ii)(D) of the definition
for "Baseline actual emissions" shall not apply.
(iii) An increase or decrease in actual
emissions is contemporaneous with the increase from the particular change only
if it occurs between:
(A) The date five years
before construction on the particular change commences; and
(B) The date that the increase from the
particular change occurs.
(iv) An increase or decrease in actual
emissions is creditable only if:
(A) The
Division has not relied on it in issuing a Chapter 6, Section 4 permit for the
source, which is in effect when the increase in actual emissions from the
particular change occurs.
(v) 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.
(vi)
An increase in actual emissions is creditable only to the extent that the new
level of actual emissions exceeds the old level.
(vii) A decrease in actual emissions is
creditable only to the extent that:
(A) The
old level of actual emissions or the old level of allowable emissions,
whichever is lower, exceeds the new level of actual emissions;
(B) It is enforceable as a practical matter
at and after the time that actual construction on the particular change
begins;
(C) It has approximately
the same qualitative significance for public health and welfare as that
attributed to the increase from the particular change; and
(viii) 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.
(ix) The definition of "Actual emissions" of
this section, shall not apply for determining creditable increases and
decreases.
"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 the type or amount of material
combusted, stored, or processed, shall be treated as part of its design if the
limitation or the affect it would have on emissions is enforceable. Secondary
emissions do not count in determining the potential to emit of a stationary
source.
"Predictive emissions monitoring system
(PEMS)" means all of the equipment necessary to monitor process
and control device operational parameters (for example, control device
secondary voltages and electric currents) and other information (for example,
gas flow rate, O2 or CO2
concentrations), and calculate and record the mass emissions rate (for example,
lb/hr) on a continuous basis.
"Project" means a physical
change in, or change in 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 5 years
(12-month period) following the date the unit resumes regular operation after
the project, or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or its potential to
emit that regulated NSR pollutant, and full utilization of the unit would
result in a significant emissions increase, or a significant net emissions
increase at the major stationary source.
(i) In determining the projected actual
emissions under the above paragraph of this section (before beginning actual
construction), the owner or operator of the major stationary source:
(A) Shall consider all relevant information,
including but not limited to, historical operational data, the company's own
representations, the company's expected business activity and the company's
highest projections of business activity, the company's filings with the State
or Federal regulatory authorities, and compliance plans approved by the
Division;
(B) Shall include
fugitive emissions to the extent quantifiable and emissions associated with
startups, shutdowns, and malfunctions;
(C) Shall exclude, in calculating any
increase in emissions that results from the particular project, that portion of
the unit's emissions following the project that an existing unit could have
accommodated during the consecutive 24-month period used to establish the
baseline actual emissions under the definition for "Baseline actual emissions"
of this section and that are also unrelated to the particular project,
including any increased utilization due to product demand growth; or,
(D) In lieu of using the method set out in
paragraphs (i)(A) through (C) of this definition, may elect to use the
emissions unit's potential to emit, in tons per year, as defined under the
definition of "Potential to emit" of this section.
"Reactivation of a very clean coal-fired
electric utility steam generating unit" means any physical
change or change in the method of operation associated with the commencement of
commercial operations by a coal-fired utility unit after a period of
discontinued operation where the unit:
(i) Has not been in operation for the
two-year period prior to the enactment of the Clean Air Act Amendments of 1990,
and the emissions from such unit continue to be carried in the State of
Wyoming's emissions inventory at the time of enactment;
(ii) Was equipped prior to shut-down with a
continuous system of emissions control that achieves a removal efficiency for
sulfur dioxide of no less than 85 percent and a removal efficiency for
particulates of not less than 98 percent;
(iii) Is equipped with low-NOX burners prior
to the time of commencement of operations following reactivation; and
(iv) Is otherwise in compliance with the
requirements of the Clean Air Act.
"Regulated NSR pollutant", for
purposes of this section, means the following:
(i) Any pollutant for which a national
ambient air quality standard has been promulgated. This includes, but is not
limited to, the following:
(A)
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 unless required by the terms and conditions of
the permit or the applicable implementation plan. Applicability determinations
made prior to this date without accounting for condensable particulate matter
shall not be considered in violation of this subsection unless the applicable
implementation plan required condensable particulate matter to be
included;
(B) Any pollutant
identified under this paragraph as a constituent or precursor to a pollutant
for which a national ambient air quality standard has been promulgated.
Precursors identified by the EPA Administrator for purposes of NSR are 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 State demonstrates to the EPA 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.
(IV) Volatile organic compounds are presumed
not to be precursors to PM2.5 in any attainment or
unclassifiable area, unless the State demonstrates to the EPA 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.
(ii) Any pollutant that is subject
to any standard promulgated under section 111 of the Federal Clean Air
Act;
(iii) Any Class I or II
substance subject to a standard promulgated under or established by Title VI of
the Federal Clean Air Act;
(iv) Any
pollutant that otherwise is subject to regulation under the Federal Clean Air
Act; except that any or all hazardous air pollutants either listed in section
112 of the Federal Clean Air Act or added to the list pursuant to section
112(b)(2) of the Federal Clean Air Act, which have not been delisted pursuant
to section 112(b)(3) of the Federal 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
Federal Clean Air Act.
(v)
[Reserved.]
"Replacement unit" means an
emissions unit for which all the criteria listed in this section are met. No
creditable emission reductions shall be generated from shutting down the
existing emissions unit that is replaced.
(i) The emissions unit is a reconstructed
unit within the meaning of 40 CFR part
60.15(b)(1) , or the emissions unit
completely takes the place of an existing emissions unit.
(ii) The emissions unit is identical to or
functionally equivalent to the replaced emissions unit.
(iii) The replacement does not change the
basic design parameter(s) (as discussed in 40 CFR part
51.166(y)(2)) of the
process unit.
(iv) 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.
"Repowering" means replacement
of an existing coal-fired boiler with one of the following clean coal
technologies: atmospheric or pressurized fluidized bed combustion, integrated
gasification combined cycle, magnetohydrodynamics, direct and indirect
coal-fired turbines, integrated gasification fuel cells, or as determined by
the Administrator of EPA, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other technology
capable of controlling multiple combustion emissions simultaneously with
improved boiler or generation efficiency and with significantly greater waste
reduction relative to the performance of technology in widespread commercial
use as of November 15, 1990.
(i)
Repowering shall also include any oil and/or gas-fired unit which has been
awarded clean coal technology demonstration funding as of January 1, 1991, by
the Department of Energy.
(ii) The
Administrator shall give expedited consideration to permit applications for any
source that satisfies the requirements of this subsection and is granted an
extension under section 409 of the Clean Air Act.
"Secondary emissions" means
emissions which occur as a result of the construction or operation of a major
stationary source or major modification, but do not come from the major
stationary source or major modification itself. For the purposes of this
section, secondary emissions must be specific, well defined, quantifiable, and
impact the same general areas as the stationary source or modification which
causes the secondary emissions. Secondary emissions include emissions from any
offsite support facility which would not be constructed or increase its
emissions except as a result of the construction or modification of the major
stationary source or major modification. Secondary emissions do not include any
emissions which come directly from a mobile source, such as emissions from the
tailpipe of a motor vehicle or from a train.
"Significant" means:
(i) In reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a rate of
emissions that would equal or exceed any of the following rates:
POLLUTANT AND EMISSIONS RATE
|
Carbon monoxide:
|
100 tons per year (tpy)
|
|
Nitrogen oxides:
|
40 tpy
|
|
Sulfur dioxide:
|
40 tpy
|
|
Particulate matter:
|
25 tpy of particulate matter emissions; 15 tpy of
PM10 emissions
|
|
PM2.5:
|
10 tpy of direct PM2.5
emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide
emissions unless demonstrated not to be a PM2.5
precursor under the definition of "Regulated NSR pollutant" in Section 4(a) of
this chapter
|
|
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): Municipal waste combustor organics
|
10 tpy
|
|
(measured as total tetra- through octa-chlorinated
dibenzo-p-dioxins and dibenzofurans):
|
3.2 x 10-6 megagrams per
year (3.5 x 10-6 tons per year)
|
|
Municipal waste combustor metals (measured as
particulate matter):
|
14 megagrams per year (15 tons per year)
|
|
Municipal waste combustor acid gases (measured as
sulfur dioxide and hydrogen chloride)
|
36 megagrams per year (40 tons per year)
|
|
Municipal solid waste landfill emissions (measured
as nonmethane organic compounds):
|
45 megagrams per year (50 tons per year)
|
(ii)
"Significant" means, in reference to a net emissions increase or the potential
of a source to emit a pollutant subject to these regulations and regulations
under the Clean Air Act, that paragraph (i) above does not list, any emissions
rate.
(iii) Notwithstanding
paragraph (i) above, "significant" means any emissions rate or any net
emissions increase associated with a major stationary source or major
modification which would construct within 10 kilometers of a Class I Area, and
have an impact on such area equal to or greater than 1
µg/m
3 (24-hour average).
"Significant emissions
increase" means, for a regulated NSR pollutant, an increase in
emissions that is significant (as defined in paragraph (i) of the definition of
"Significant" in this section) for that pollutant.
"Stationary source" means any
structure, building, facility, equipment, installation or operation (or
combination thereof) which emits or may emit any air pollutant subject to these
regulations or regulations under the Federal Clean Air Act.
"Structure, building, facility, equipment,
installation, or operation" means all of the pollutant-emitting
activities which belong to the same industrial grouping, are located on one or
more contiguous or adjacent properties, and are under the control of the same
person (or persons under common control) except the activities of any vessel.
Pollutantemitting activities shall be considered as part of the same industrial
grouping if they belong to the same Major Group
(i.e., which have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1972,
as amended by the 1977 Supplement (U.S. Government Printing Office stock
numbers 4101-0066 and 003-00500176-0, respectively).
"Temporary clean coal technology demonstration
project" means a clean coal technology demonstration project
that is operated for a period of 5 years or less, and which complies with the
Wyoming State Implementation Plan 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
(VOCs)" is defined in Chapter 3, Section 6(a) of these
regulations.
(b)
Any person who plans to construct any major stationary source or undertake a
major modification of an existing stationary source shall be subject to the
conditions outlined below.
(i)
(A)
(I) The
review of the stationary source for the construction or modification permit(s)
required under Chapter 6, Section 2 of these regulations shall apply and shall
be expanded so as to include analysis of the predicted impact of the allowable
and secondary emissions from the stationary source on the ambient air quality
in areas affected by such emissions. An analysis of the predicted impact of
emissions from the stationary source is required for all pollutants for which
standards have been established under these regulations or under the Federal
Clean Air Act and which are emitted in significant amounts. An analysis of the
impact of other pollutants may be required by the Administrator. Such analysis
shall identify and quantify the impact on the air quality in the area of all
emissions not included in the baseline concentrations including, but not
limited to, those emissions resulting from the instant application and all
other permits issued in the area. The purpose of this analysis is to determine
the
total deterioration of air quality from the
baseline concentrations; however, projections of deterioration due to general
non-stationary source growth in the area predicted to occur after the date of
application is not required. A permit to construct pursuant to Chapter 6,
Section 2 shall be issued only if the conditions of Chapter 6, Section 2 are
complied with and if the predicted impact (over and above the baseline
concentration) of emissions defined above is less than the maximum allowable
increment shown in Table 1 for the classification of the area in which the
impact is predicted, and if the ambient standard for the pollutant(s) is not
exceeded.
Table 1
Maximum Allowable Increments of Deterioration -
µg/m3
|
Pollutant
|
Class I
|
Class II
|
|
Particulate Matter:
|
|
|
|
PM2.5, annual arithmetic
mean
|
1
|
4
|
|
PM2.5, 24-hr
maximum*
|
2
|
9
|
|
PM10, annual arithmetic
mean
|
4
|
17
|
|
PM10, 24-hour
maximum*
|
8
|
30
|
|
Sulfur Dioxide:
|
|
|
|
Annual arithmetic mean
|
2
|
20
|
|
24-hour maximum*
|
5
|
91
|
|
3-hour maximum*
|
25
|
512
|
|
Nitrogen Dioxide
|
|
|
|
Annual arithmetic mean
|
2.5
|
25
|
*Maximum allowable increment may be exceeded once per year at
any receptor site.
(1.) For purposes
of PM
2.5, the demonstration required in paragraph
(b)(i)(A)(I) of this section is deemed to have been made if the emissions
increase from the new stationary source alone or from the modification alone
would cause, in all areas, air quality impacts less than the amounts specified
in Table 2.
Table 2
PM2.5 Significant Impact Levels
|
Pollutant
|
Averaging Time
|
Class I
|
Class II
|
|
PM2.5
|
Annual
|
0.06
µg/m3
|
0.3
µg/m3
|
|
|
24-hour
|
0.07
µg/m3
|
1.2
µg/m3
|
(II) Notwithstanding the provisions of
paragraph (b)(i)(A)(I) above, the following concentrations shall be excluded in
determining compliance with maximum allowable increases:
(1.) Concentrations attributable to the
increase in emissions from stationary sources which have converted from the use
of petroleum products, natural gas, or both by reason of an order in effect
under sections 2(a) and (b) of the Energy Supply and Environmental Coordination
Act of 1974 (or any superseding legislation) over the emissions from such
sources before the effective date of such an order. No such exclusion shall
apply for more than five years after the later of such effective dates;
(2.) Concentrations attributable
to the increase in emissions from sources which have converted from using
natural gas by reason of natural gas curtailment plan in effect pursuant to the
Federal Power Act over the emissions from such sources before the effective
date of such plan. No such exclusion shall apply for more than 5 years after
the later of such effective date;
(3.) Concentrations of particulate matter
attributable to the increase in emissions from construction or other temporary
emission-related activities of new or modified sources;
(4.) The increase in concentrations
attributable to new sources outside the United States over the concentrations
attributable to existing sources which are included in the baseline
concentrations; and
(5.)
Concentrations attributable to the temporary increase in emissions of sulfur
dioxide, particulate matter, or nitrogen oxides from stationary sources as
specified below.
a. The temporary emissions do
not occur for more than 2 years.
b.
The 2-year time period is not renewable.
c. Such temporary emissions are not eligible
for exclusion if they would impact a Class I Area or an area where the
applicable increment is known to be violated or an area where they would cause
or contribute to a violation of the applicable ambient air quality
standard.
d. At the end of the
temporary emission time frame, emissions from the stationary source causing
these temporary emissions shall not exceed those levels occurring at such
source prior to such temporary emission.
(B) In addition to the analyses
required under Chapter 6, Section 4(b)(i)(A) above,
(I) The owner or operator shall provide an
analysis of the impairment to visibility, soils and vegetation that would occur
as a result of the source or modification and general commercial, residential,
industrial, and other growth associated with the source or modification. The
owner or operator need not provide an analysis of the impact on vegetation
having no significant commercial or recreational value.
(II) The owner or operator shall provide an
analysis of the air quality impact projected for the area as a result of
general commercial, residential, industrial and other growth associated with
the source or modification.
(C) The requirements for demonstration of
compliance with applicable increments of Chapter 6, Section 4(b)(i)(A)(I), the
additional analysis requirements of Chapter 6, Section 4(b)(i)(B) and the
ambient air quality analysis requirements of Chapter 6, Section 4(b)(i)(E)
shall not apply to a proposed major stationary source or modification with
respect to a particular pollutant if the Administrator determines that:
(I) The increase in allowable emissions of
that pollutant from the stationary source or the net emissions increase of that
pollutant from a modification would be temporary and would impact no Class I
Area and no area where an applicable increment is known to be violated;
or
(II) The stationary source was
in existence on March 1, 1978, and that the maximum allowable emission
increases only impact Class II Areas, and that after application of BACT, the
increase in allowable emissions of each pollutant would be less than 50 tons
per year.
(D) Fugitive
emissions, to the extent quantifiable, will be considered in calculating the
potential to emit of the stationary source or modification only for:
(I) Sources listed in Chapter 6, Section 4(a)
under the definition of "Major stationary source", item (a).
(II) Any other stationary source category
which, as of August 7, 1980, is being regulated under section 111 or 112 of the
Clean Air Act.
(III) And such other
sources as the Environmental Quality Council may later determine.
(E) An application subject to this
section shall contain an analysis of ambient air quality in the area that would
be affected by the stationary source or modification as required below:
(I) For each pollutant that the source would
have the potential to emit in a significant amount.
(II) For the modification, each pollutant for
which it would result in a significant net emissions increase.
(III) For pollutants for which National
Ambient Air Quality Standards have been established, the analysis shall contain
continuous air quality monitoring data gathered for purposes of determining
whether emissions of that pollutant would cause or contribute to a violation of
the standard or any maximum allowable increase.
(IV) In general, the required continuous air
quality monitoring data shall have been gathered over a period of one year
immediately preceding receipt of the application. The Administrator may provide
that the monitoring period specification may be reduced to a minimum of four
months if he is satisfied that a complete and adequate analysis can be
accomplished with monitoring data gathered over a period shorter than one
year.
(V) All monitoring conducted
pursuant to the requirements of this section shall meet the requirements of
Appendix B of 40 CFR part
58 .
(VI)
The requirements for pre-construction monitoring specified above and under
Chapter 6, Section 2(b) with respect to monitoring for a particular pollutant
may be waived by the Administrator upon petition from an applicant if:
(1.) The emissions increase of the pollutant
from a new stationary source or the net emissions increase of the pollutant
from a modification would cause, in any area, air quality impacts less than the
following amounts:
a. Carbon Monoxide - 575
µg/m3, 8-hour average;
b. Nitrogen Dioxide - 14
µg/m3, annual average;
c. PM2.5 - 4
µg/m3, 24-hour average;
d. PM10 - 10
µg/m3 of PM10, 24-hour
average;
e. Sulfur Dioxide - 13
µg/m3, 24-hour average;
f. Ozone (No de minimis air
quality level is provided for ozone; however, any net emissions increase of 100
tons per year or more of volatile organic compounds or nitrogen oxides subject
to PSD would be required to perform an ambient impact analysis, including the
gathering of air quality data.)
g.
Lead - 0.1 µg/m3, 3-month average;
h. Fluorides - 0.25
µg/m3, 24-hour average;
i. Total Reduced Sulfur - 10
µg/m3, 1-hour average;
j. Hydrogen Sulfide - 0.2
µg/m3, 1-hour average;
k. Reduced Sulfur Compounds - 10
µg/m3, 1-hour average; or
(2.) The concentrations of the pollutant in
the area that the source or modification would affect are less than the
concentrations listed in paragraph (b)(i)(E)(VI)(1.) of this section;
or
(3.) The pollutant is not listed
in paragraph (b)(i)(E)(VI)(1.) of this section.
(F) The Administrator may require an
applicant subject to the provisions of this section to conduct an approved
visibility monitoring program in any Class I Area which may be impacted by
emissions from the proposed stationary source.
(G) At such time that a particular source or
modification becomes a major stationary source or major modification solely by
virtue of a relaxation in any enforceable limitation which was established
after August 7, 1980 on the capacity of the source or modification otherwise to
emit a pollutant, then all of the provisions of Chapter 6, Sections 2 and 4
shall apply to the source or modification as though construction had not yet
commenced on the source or modification.
(H) The following specific provisions apply
to projects at existing emissions units at a major stationary source (other
than projects at a source with a PAL) in circumstances where the owner or
operator elects to use the method specified in paragraphs (i)(A) through (C) of
the definition for "Projected actual emissions" for calculating projected
actual emissions.
(I) Before beginning actual
construction of the project, the owner or operator shall document and maintain
a record of the following information:
(1.) A
description of the project;
(2.)
Identification of the emissions unit(s) whose emissions of a regulated NSR
pollutant could be affected by the project; and
(3.) A description of the applicability test
used to determine that the project is not a major modification for any
regulated NSR pollutant, including the baseline actual emissions, the projected
actual emissions, the amount of emissions excluded under paragraph (i)(C) of
the definition for "Projected actual emissions" in Section 4(a) and an
explanation for why such amount was excluded, and any netting calculations, if
applicable.
(II) Before
beginning actual construction, the owner or operator shall provide the
information set out in paragraph (b)(i)(H)(I) of this section to the Division
as a Chapter 6, Section 2 permit application.
(III) The owner or operator shall monitor the
emissions of any regulated NSR pollutant that could increase as a result of the
project and that is emitted by any emissions unit identified in paragraph
(b)(i)(H)(I)(2.) of this section; and calculate and maintain a record of the
annual emissions, in tons per year on a calendar year basis, for a period of 5
years following resumption of regular operations after the change, or for a
period of 10 years following resumption of regular operations after the change
if the project increases the design capacity or potential to emit of that
regulated NSR pollutant at such emissions unit.
(IV) The owner or operator shall submit a
report to the Division within 60 days after the end of each year during which
records must be generated under paragraph (b)(i)(H)(III) of this section
setting out the unit's annual emissions during the calendar year that preceded
submission of the report.
(I) The owner or operator of the source shall
make the information required to be documented and maintained pursuant to
paragraph (b)(i)(H) of this section available for review upon request for
inspection by the Division or the general public pursuant to the requirements
contained in
40 CFR
70.4(b)(3) (viii).
(J)
(I)
Except as otherwise provided in paragraph (b)(xv) of this section, and
consistent with the definition of "Major modification" contained in Section
4(a), a project is a major modification for a regulated NSR pollutant if it
causes two types of emissions increases - a significant emissions increase (as
defined in the definition for "Significant emissions increase" in Section
4(a)), and a significant net emissions increase (as defined in the definitions
for "Net emissions increase" and "Significant" in Section 4(a)). The project is
not a major modification if it does not cause a significant emissions increase.
If the project causes a significant emissions increase, then the project is a
major modification only if it also results in a significant net emissions
increase.
(II) The procedure for
calculating (before beginning actual construction) whether a significant
emissions increase (i.e., the first step of the process) will occur depends
upon the type of emissions units being modified, according to paragraphs
(b)(i)(J)(III) through (V) of this section. The procedure for calculating
(before beginning actual construction) whether a significant net emissions
increase will occur at the major stationary source (i.e., the second step of
the process) is contained in the definition for "Net emissions increase" in
Section 4(a). Regardless of any such preconstruction projections, a major
modification results if the project causes a significant emissions increase and
a significant net emissions increase.
(III) Actual-to-Projected-Actual
Applicability Test For Projects That Only Involve Existing Emissions Units. A
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the difference between the projected actual emissions (as
defined in the definition for "Projected actual emissions" in Section 4(a)) and
the baseline actual emissions (as defined in paragraphs (i) and (ii) in the
definition of "Baseline actual emissions" in Section 4(a)) for each existing
emissions unit, equals or exceeds the significant amount for that pollutant (as
defined in the definition of "Significant" in Section 4(a)).
(IV) Actual-to-Potential Test For Projects
That Only Involve Construction of a New Emissions Unit(s). A significant
emissions increase of a regulated NSR pollutant is projected to occur if the
sum of the difference between the potential to emit (as defined in the
definition for "Potential to emit" in Section 4(a)) from each new emissions
unit following completion of the project and the baseline actual emissions (as
defined in paragraph (iii) for the definition of "Baseline actual emissions" in
Section 4(a)) of these units before the project equals or exceeds the
significant amount for that pollutant (as defined in the definition of
"Significant" in Section 4(a)).
(V)
Hybrid Test For Projects That Involve Multiple Types of Emissions Units. A
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the emissions increases for each emissions unit, using the
method specified in paragraphs (b)(i)(J)(III) and (IV) of this section as
applicable with respect to each emissions unit, for each type of emissions unit
equals or exceeds the significant amount for that pollutant (as defined in the
definition of "Significant" in Section 4(a)).
(ii)
(A)
The required permit shall not be issued unless the proposed major stationary
source or major modification would meet an emission limit(s) or equipment
standard(s) specified by the Administrator to represent the application of Best
Available Control Technology for each pollutant regulated under these Standards
and Regulations and under the Federal Clean Air Act and having the potential to
emit in significant amounts. For phased construction projects, the
determination of BACT shall be reviewed and modified as appropriate at the
latest, most reasonable time no later than 18 months prior to commencement of
each phase of the proposed project. At such time, the owner or operator of the
applicable stationary source may be required to demonstrate the adequacy of any
previous determination of best available control technology for the stationary
source.
(B) In the case of a major
modification, the requirements for Best Available Control Technology shall
apply only to each new or modified emissions unit at which a net emissions
increase of the pollutant would occur.
(C)
(I) The
applicant for a permit for a source subject to this section may petition the
Administrator to approve a system of innovative control technology.
(II) The Administrator, with the approval of
the governor(s) of other affected state(s) may approve the employment of a
system of innovative control technology if:
(1.) The proposed control system would not
cause or contribute to an unreasonable risk to public health, welfare, or
safety in its operation or function;
(2.) The owner or operator agrees to achieve
a level of continuous emissions reduction equivalent to that which would have
been required under paragraphs (ii)(A) and (B) above by a date specified by the
Administrator. Such date shall not be later than 4 years from the time of
startup or 7 years from permit issuance.
(3.) The major stationary source or major
modification would meet the requirements equivalent to those in paragraphs
(b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that
the stationary source employing the system of innovative control technology
would be required to meet on the date specified by the Administrator.
(4.) The source or modification would not
before the date specified by the Administrator:
a. Cause or contribute to any violation of an
applicable National Ambient Air Quality Standard, or
b. Impact any Class I Area, or
c. Impact any area where an applicable
increment is known to be violated.
(5.) All other applicable requirements
including those for public participation have been met.
(III) The approval to employ a system of
innovative control technology shall be withdrawn by the Administrator if:
(1.) The proposed system fails by the
specified date to achieve the required continuous emissions reduction rate,
or
(2.) The proposed system fails
before the specified date so as to contribute to an unreasonable risk to public
health, welfare, or safety, or
(3.)
The Administrator decides at any time that the proposed system is unlikely to
achieve the required level of control or to protect the public health, welfare,
or safety.
(IV) If the
source or modification fails to meet the required level of continuous emissions
reduction within the specified time period or if the approval is withdrawn in
accordance with (III) above, the Administrator may allow the source or
modification up to an additional three years to meet the requirement for the
application of BACT through use of a demonstrated system of control.
(iii) Temporary
particulate matter emissions such as those associated with the construction
phase of the source shall not be included in the determination on the issuance
or denial of a required permit and shall not be taken into account when
determining compliance with the maximum allowable increments in Table 1;
however, Best Available Control Technology shall be applied to abate such
temporary emission.
(iv) All
applications of air quality modeling required under paragraph (b)(i) above
shall be based on the applicable models, databases, and other requirements
specified in Appendix W of 40 CFR part
51 (Guideline on Air Quality Models).
Where an air quality model specified in Appendix W of 40 CFR part
51 (Guideline
on Air Quality Models) is inappropriate, the model may be modified or another
model substituted. Such a modification or substitution of a model may be made
on a case-by-case basis or, where appropriate, on a generic basis for a
specific State of Wyoming program. Written approval of the EPA Administrator
must be obtained for any modification or substitution. In addition, use of a
modified or substituted model must be subject to notice and opportunity for
public comment under procedures set forth in Chapter 6, Section 2(g).
(v) In any case where the federal official
charged with direct responsibility for management of any lands within a Class I
Area, or the Administrator of EPA or the governor of an adjacent state
containing such a Class I Area, files a notice alleging that emissions from a
proposed source or major modification may cause or contribute to a change in
the air quality in such area and identifying the potential adverse impact of
such change, a permit shall not be issued unless the owner or operator of such
source demonstrates to the satisfaction of the Administrator that emissions of
particulate matter, sulfur dioxide, and nitrogen oxides will not cause or
contribute to concentrations which exceed the maximum allowable increases for
the Class I Area in question.
(vi)
(A) In any case where a Federal Land Manager
demonstrates to the satisfaction of the Administrator that the emissions from
such source will have an adverse impact on the air quality-related values
(including visibility) of such Class I Areas, notwithstanding the fact that the
change in air quality resulting from emissions from such source will not cause
or contribute to concentrations which exceed the maximum allowable increases
for Class I Areas, a permit shall not be issued.
(B) However, in the case where the Federal
Land Manager provides to the Division at least 30 days prior to the Public
Notice issued pursuant to Chapter 6, Section 2(m) of these regulations, an
analysis of the impact of the emissions on visibility in a Federal Class I
Area, the Division must consider such analysis in making its proposed decision.
If the Federal Land Manager's analysis concludes that an adverse impact on
visibility in the Federal Class I Area will occur but the Administrator
determines that the analysis does not demonstrate to
his satisfaction that such an adverse impact on visibility will occur, the
Administrator shall in the Public Notice issued pursuant to the requirements of
Chapter 6, Section 2(m), explain his decision or give notice as to where the
explanation can be obtained.
(vii) In any case where the owner or operator
of such source demonstrates to the satisfaction of the Federal Land Manager,
and the Federal Land Manager so certifies, that the emissions from such source
will have no adverse impact on the air quality-related values of such Class I
Areas (including visibility) notwithstanding the fact that the change in air
quality resulting from emissions from such source will cause or contribute to
concentrations which exceed the maximum allowable increases for Class I Areas,
the Administrator may issue a permit.
(viii) In the case of a permit issued
pursuant to subsection (vii), such source shall comply with such emission
limitation under such permit as may be necessary to assure that emissions of
sulfur oxides, particulate matter, and nitrogen oxides from such source, will
not cause or contribute to concentrations of such pollutant which exceeds the
following maximum allowable increases over the baseline concentration for such
pollutants:
|
Maximum Allowable Increase (micrograms per cubic
meter)
|
Particulate matter:
|
|
PM2.5, annual arithmetic
mean
|
4
|
|
PM2.5, 24-hr
maximum
|
9
|
|
PM10, annual arithmetic
mean
|
17
|
|
PM10, 24-hour
maximum
|
30
|
|
Sulfur dioxide:
|
|
|
Annual arithmetic mean
|
20
|
|
Twenty-four-hour maximum
|
91
|
|
Three-hour maximum
|
325
|
|
Nitrogen dioxide:
|
|
|
Annual arithmetic mean
|
25
|
(ix)
(A) In any case where the owner or operator
of a proposed major stationary source or major modification who has been denied
a certification under subparagraph (vii) demonstrates to the satisfaction of
the Governor of Wyoming (hereinafter the Governor), after notice and public
hearing, and the Governor finds, that the source cannot be constructed by
reason of any maximum allowable increases for sulfur dioxide for periods of
twenty-four hours or less applicable to any Class I Area and, in the case of
federal Mandatory Class I Areas, that a variance under this clause will not
adversely affect the air quality related values of the area (including
visibility), the Governor, after consideration of the Federal Land Manager's
recommendation (if any) and subject to his concurrence, may grant a variance
from such maximum allowable increase. If a variance is granted, a permit may be
issued to such source pursuant to the requirements of this subparagraph
provided other requirements of this section are met.
(B) In the case of a permit issued pursuant
to subparagraph (ix)(A), such source shall comply with such emission
limitations under such permit as may be necessary to assure that emissions of
sulfur oxides from such source will not (during any day on which the otherwise
applicable maximum allowable increases are exceeded) cause or contribute to
concentrations which exceed the following maximum allowable increases for such
areas over the baseline concentration for such pollutant and to assure that
such emissions will not cause or contribute to concentrations which exceed the
otherwise applicable maximum allowable increases for periods of exposure of 24
hours or less on more than 18 days during any annual period.
|
Maximum Allowable Increase (micrograms per cubic
meter)
|
Period of exposure:
|
|
Low terrain areas:
|
|
|
24-hr maximum
|
36
|
|
3-hr maximum
|
130
|
|
High terrain areas:
|
|
|
24-hr maximum
|
62
|
|
3-hr maximum
|
221
|
(x) Notwithstanding other requirements of
this section, a portable source which is a major stationary source and which
has otherwise received a construction permit under Chapter 6, Sections 2 and 4
shall not be required to obtain additional relocation permits under this
section if:
(A) Emissions from the source
would not exceed allowable emissions; and
(B) Such relocation would impact no Class I
Area and no area where an applicable increment is known to be violated;
and
(C) Notice is given to the
Division at least 10 days prior to such relocation identifying the proposed new
location and the probable duration of operation at such location; and
(D) Emissions at the new location will be
temporary.
(xi) After a
final decision is made on an application for a source subject to this section,
the final decision will be transmitted in writing to the applicant and the
final decision and all comments received by the Division during the public
comment period will be made available for public inspection in the same
location where the application and analysis was posted. A copy of each permit
application for each source or modification subject to this section and
impacting a Federal Class I Area will be transmitted to EPA. EPA will be
provided with notice of each action taken by the Division on such
application.
(xii)
[Reserved.]
(xiii)
[Reserved.]
(xiv)
[Reserved.]
(xv) Actuals Plantwide
Applicability Limitations (PALs).
(A)
Applicability.
(I) The Division may approve
the use of an actuals PAL for any existing major stationary source if the PAL
meets the requirements in paragraphs (b)(xv)(A) through (O) of this section.
The term "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) of this
section.
(II) Any physical change
in or change in the method of operation of a major stationary source that
maintains its total source-wide emissions below the PAL level, meets the
requirements in paragraphs (b)(xv)(A) through (O) of this section, and complies
with the PAL permit:
(1.) Is not a major
modification for the PAL pollutant;
(2.) Does not have to be approved through a
Chapter 6, Section 4 permit; and
(3.) Is not subject to the provisions in
paragraph (b)(i)(G) of this section (restrictions on relaxing enforceable
emission limitations that the major stationary source used to avoid
applicability of Chapter 6, Section 4).
(III) Except as provided under paragraph
(b)(xv)(A)(II)(3.) of this section, a major stationary source shall continue to
comply with all applicable Federal or State of Wyoming requirements, emission
limitations, and work practice requirements that were established prior to the
effective date of the PAL.
(B) Definitions. The following definitions
shall be used for actuals PALs consistent with paragraphs (b)(xv)(A) through
(O) of this section. When a term is not defined in these paragraphs, it shall
have the meaning given in Section 4(a) of this section or in the Clean Air Act.
"Actuals PAL for a major stationary
source" means a PAL based on the baseline actual emissions (as
defined in the definition for "Baseline actual emissions" in Section 4(a)) of
all emissions units (as defined in the definition for "Source" in Section 4(a))
at the source, that emit or have the potential to emit the PAL
pollutant.
"Allowable emissions" has the
same meaning as in the definition for "Allowable emissions" in Section 4(a),
except as this definition is modified according to paragraphs (i) and (ii) of
this definition.
(i) The allowable
emissions for any emissions unit shall be calculated considering any emission
limitations that are enforceable as a practical matter on the emissions unit's
potential to emit.
(ii) An
emissions unit's potential to emit shall be determined using the definition of
"Potential to emit" in Section 4(a), except that the words "or enforceable as a
practical matter" should be added after "enforceable".
"Major emissions unit"
means:
(i) Any emissions unit that
emits or has the potential to emit 100 tons per year or more of the PAL
pollutant in an attainment area; or
(ii) Any emissions unit that emits or has the
potential to emit the PAL pollutant in an amount that is equal to or greater
than the major source threshold for the PAL pollutant as defined by the Clean
Air Act for nonattainment areas. (For example, in accordance with the
definition of major stationary source in section 182(c) of the Clean Air Act,
an emissions unit would be a major emissions unit for VOC if the emissions unit
is located in a serious ozone nonattainment area and it emits or has the
potential to emit 50 or more tons of VOC per year.)
"PAL effective date" generally
means the date of issuance of the PAL permit; however, the PAL effective date
for an increased PAL is the date any emissions unit that is part of the PAL
major modification becomes operational and begins to emit the PAL
pollutant.
"PAL effective period" means
the period beginning with the PAL effective date and ending 10 years
later.
"PAL major modification"
means, notwithstanding the definitions for "Major modification" and "Net
emissions increase" of Section 4(a), any physical change in or change in the
method of operation of the PAL source that causes it to emit the PAL pollutant
at a level equal to or greater than the PAL.
"PAL permit" means the Chapter
6, Section 2 or Section 4 permit issued by the Division that establishes a PAL
for a major stationary source.
"PAL pollutant" means the
pollutant for which a PAL is established at a major stationary source.
"Plantwide applicability limitation
(PAL)" means an emission limitation expressed in tons per year,
for a pollutant at a major stationary source, that is enforceable as a
practical matter and established source-wide in accordance with paragraphs
(b)(xv)(A) through (O) of this section.
"Significant emissions unit"
means an emissions unit that emits or has the potential to emit a PAL pollutant
in an amount that is equal to or greater than the significant level (as defined
in the definition for "Significant" in Section 4(a) or in the Clean Air Act,
whichever is lower) for that PAL pollutant, but less than the amount that would
qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B)
for the definition of "Major emissions unit" of this section.
"Small emissions unit" means
an emissions unit that emits or has the potential to emit the PAL pollutant in
an amount less than the significant level for that PAL pollutant, as defined in
the definition for "Significant" in Section 4(a) or in the Clean Air Act,
whichever is lower.
(C) Permit Application Requirements. As part
of a permit application requesting a PAL, the owner or operator of a major
stationary source shall submit the following information in paragraphs
(b)(xv)(C)(I) through (III) of this section to the Division for approval.
(I) A List of All Emissions Units at the
Source Designated as Small, Significant or Major Based on Their Potential to
Emit. In addition, the owner or operator of the source shall indicate which, if
any, Federal or State of Wyoming applicable requirements, emission limitations,
or work practices apply to each unit.
(II) Calculations of the Baseline Actual
Emissions (With Supporting Documentation). Baseline actual emissions are to
include emissions associated not only with operation of the unit, but also
emissions associated with startup, shutdown, and malfunction.
(III) The calculation procedures that the
major stationary source owner or operator proposes to use to convert the
monitoring system data to monthly emissions and annual emissions based on a
12-month rolling total for each month as required by paragraph (b)(xv)(M)(I) of
this section.
(D)
General Requirements For Establishing PALs.
(I) The Division may establish a PAL at a
major stationary source, provided that at a minimum, the requirements in
paragraphs (b)(xv)(D)(I)(1.) through (7.) of this section are met.
(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. For each month during the PAL effective period
after the first 12 months of establishing a PAL, the major stationary source
owner or operator shall show that the sum of the monthly emissions from each
emissions unit under the PAL for the previous 12 consecutive months is less
than the PAL (a 12-month average, rolled monthly). For each month during the
first 11 months from the PAL effective date, the major stationary source owner
or operator shall show that the sum of the preceding monthly emissions from the
PAL effective date for each emissions unit under the PAL is less than the
PAL.
(2.) The PAL shall be
established in a PAL permit that meets the public participation requirements in
paragraph (b)(xv)(E) of this section.
(3.) The PAL permit shall contain all the
requirements of paragraph (b)(xv)(G) of this section.
(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 stationary
source.
(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 the major stationary source with a PAL shall comply with the
monitoring, recordkeeping, and reporting requirements provided in paragraphs
(b)(xv)(L) through (N) of this section for each emissions unit under the PAL
through the PAL effective period.
(II) At no time (during or after the PAL
effective period) are emissions reductions of a PAL pollutant that occur during
the PAL effective period creditable as decreases for purposes of offsets under
40 CFR part
51.165(a)(3)(ii) unless the level of the PAL is reduced by the
amount of such emissions reductions and such reductions would be creditable in
the absence of the PAL.
(E) Public Participation Requirements For
PALs. PALs for existing major stationary sources shall be established, renewed,
or increased, through a procedure that is consistent with Chapter 6, Section 2.
This includes the requirement that the Division provide the public with notice
of the proposed approval of a PAL permit and at least a 30-day period for
submittal of public comment. The Division must address all material comments
before taking final action on the permit.
(F) Setting the 10-Year Actuals PAL Level.
(I) Except as provided in paragraph
(b)(xv)(F)(II) of this section, the actuals PAL level for a major stationary
source shall be established as the sum of the baseline actual emissions (as
defined in the definition for "Baseline actual emissions" in Section 4(a)) 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 the definition
of "Significant" in Section 4(a) or under the Clean Air Act, whichever is
lower. When establishing the actuals PAL level, for a PAL pollutant, only one
consecutive 24-month period must be used to determine the baseline actual
emissions for all existing emissions units; however, a different consecutive
24-month period may be used for each different PAL pollutant. Emissions
associated with units that were permanently shut down after this 24-month
period must be subtracted from the PAL level. The Division shall specify a
reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the
future compliance date(s) of any applicable Federal or State of Wyoming
regulatory requirement(s) that the Division is aware of prior to issuance of
the PAL permit. For instance, if the source owner or operator will be required
to reduce emissions from industrial boilers in half from baseline emissions of
60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a
future effective PAL level that is equal to the current PAL level reduced by
half of the original baseline emissions of such unit(s).
(II) For newly constructed units (which do
not include modifications to existing units) on which actual construction began
after the 24-month period, in lieu of adding the baseline actual emissions as
specified in paragraph (b)(xv)(F)(I) of this section, the emissions must be
added to the PAL level in an amount equal to the potential to emit of the
units.
(G) Contents of
the PAL Permit. The PAL permit shall contain, at a minimum, the information in
paragraphs (b)(xv)(G)(I) through (X) of this section.
(I) The PAL pollutant and the applicable
source-wide emission limitation in tons per year.
(II) The PAL permit effective date and the
expiration date of the PAL (PAL effective period).
(III) Specification in the PAL permit that if
a major stationary source owner or operator applies to renew a PAL in
accordance with paragraph (b)(xv)(J) of this section before the end of the PAL
effective period, then the PAL shall not expire at the end of the PAL effective
period. It shall remain in effect until a revised PAL permit is issued by the
Division.
(IV) A requirement that
emission calculations for compliance purposes include emissions from startups,
shutdowns and malfunctions.
(V) A
requirement that, once the PAL expires, the major stationary source is subject
to the requirements of paragraph (b)(xv)(I) of this section.
(VI) The calculation procedures that the
major stationary source owner or operator shall use to convert the monitoring
system data to monthly emissions and annual emissions based on a 12-month
rolling total for each month as required by paragraph (b)(xv)(C)(I) of this
section.
(VII) A requirement that
the major stationary source owner or operator monitor all emissions units in
accordance with the provisions under paragraph (b)(xv)(M) of this
section.
(VIII) A requirement to
retain the records required under paragraph (b)(xv)(M) of this section on site.
Such records may be retained in an electronic format.
(IX) A requirement to submit the reports
required under paragraph (b)(xv)(N) of this section by the required
deadlines.
(X) Any other
requirements that the Division deems necessary to implement and enforce the
PAL.
(H) PAL Effective
Period and Reopening of the PAL Permit.
(I)
PAL Effective Period. The PAL effective period shall be 10 years.
(II) Reopening of the PAL Permit.
(1.) During the PAL effective period, the
Division shall reopen the PAL permit to:
a.
Correct typographical/calculation errors made in setting the PAL or reflect a
more accurate determination of emissions used to establish the PAL;
b. Reduce the PAL if the owner or operator of
the major stationary source creates creditable emissions reductions for use as
offsets under 40 CFR part
51.165(a)(3)(ii); and
c. Revise the PAL to reflect an increase in
the PAL as provided under paragraph (b)(xv)(K) of this section.
(2.) The Division may reopen the
PAL permit for the following:
a. Reduce the
PAL to reflect newly applicable Federal requirements (for example, NSPS) with
compliance dates after the PAL effective date;
b. Reduce the PAL consistent with any other
requirement, that is enforceable as a practical matter, and that the Division
may impose on the major stationary source; and
c. Reduce the PAL if the Division determines
that a reduction is necessary to avoid causing or contributing to a NAAQS or
PSD increment violation, or to an adverse impact on an AQRV that has been
identified for a Federal Class I Area by a Federal Land Manager and for which
information is available to the general public.
(3.) Except for the permit reopening in
paragraph (b)(xv)(H)(II)(1.)a. of this section for the correction of
typographical/calculation errors that do not increase the PAL level, all
reopenings shall be carried out in accordance with the public participation
requirements of paragraph (b)(xv)(E) of this section.
(I) Expiration of a PAL. Any PAL
that is not renewed in accordance with the procedures in paragraph (b)(xv)(J)
of this section shall expire at the end of the PAL effective period, and the
requirements in paragraphs (b)(xv)(I)(I) through (V) of this section shall
apply.
(I) Each emissions unit (or each group
of emissions units) that existed under the PAL shall comply with an allowable
emission limitation under a revised permit established according to the
procedures in paragraphs (b)(xv)(I)(I)(1.) and (2.) of this section.
(1.) Within the time frame specified for PAL
renewals in paragraph (b)(xv)(J)(II) of this section, the major stationary
source shall submit a proposed allowable emission limitation for each emissions
unit (or each group of emissions units, if such a distribution is more
appropriate as decided by the Division) by distributing the PAL-allowable
emissions for the major stationary source among each of the emissions units
that existed under the PAL. If the PAL had not yet been adjusted for an
applicable requirement that became effective during the PAL effective period,
as required under paragraph (b)(xv)(J)(V) of this section, such distribution
shall be made as if the PAL had been adjusted.
(2.) The Division 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 Division determines is appropriate.
(II) Each emissions unit(s) shall
comply with the allowable emission limitation on a 12-month rolling basis. The
Division may approve the use of monitoring systems (source testing, emission
factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance
with the allowable emission limitation.
(III) Until the Division issues the revised
permit incorporating allowable limits for each emissions unit, or each group of
emissions units, as required under paragraph (b)(xv)(I)(I)(2.) of this section,
the source shall continue to comply with a source-wide, multi-unit emissions
cap equivalent to the level of the PAL emission limitation.
(IV) Any physical change or change in the
method of operation at the major stationary source will be subject to Chapter
6, Section 4 requirements if such change meets the definition of "Major
modification" in Section 4(a).
(V)
The major stationary source owner or operator shall continue to comply with any
State of Wyoming or Federal applicable requirements (BACT, RACT, NSPS, etc.)
that may have applied either during the PAL effective period or prior to the
PAL effective period except for those emission limitations that had been
established pursuant to paragraph (b)(i)(G) of this section, but were
eliminated by the PAL in accordance with the provisions in paragraph
(b)(xv)(A)(II)(3.) of this section.
(J) Renewal of a PAL.
(I) The Division shall follow the procedures
specified in paragraph (b)(xv)(E) of this section in approving any request to
renew a PAL for a major stationary source, and shall provide both the proposed
PAL level and a written rationale for the proposed PAL level to the public for
review and comment. During such public review, any person may propose a PAL
level for the source for consideration by the Division.
(II) Application Deadline. A major stationary
source owner or operator shall submit a timely application to the Division to
request renewal of a PAL. A timely application is one that is submitted at
least 6 months prior to, but not earlier than 18 months from, the date of
permit expiration. This deadline for application submittal is to ensure that
the permit will not expire before the permit is renewed. If the owner or
operator of a major stationary source submits a complete application to renew
the PAL within this time period, then the PAL shall continue to be effective
until the revised permit with the renewed PAL is issued.
(III) Application Requirements. The
application to renew a PAL permit shall contain the information required in
paragraphs (b)(xv)(J)(III)(1.) through (4.) of this section.
(1.) The information required in paragraphs
(b)(xv)(C)(I) through (III) of this section.
(2.) A proposed PAL level.
(3.) The sum of the potential to emit of all
emissions units under the PAL (with supporting documentation).
(4.) Any other information the owner or
operator wishes the Division to consider in determining the appropriate level
for renewing the PAL.
(IV) PAL Adjustment. In determining whether
and how to adjust the PAL, the Division shall consider the options outlined in
paragraphs (b)(xv)(J)(IV)(1.) and (2.) of this section; however, in no case may
any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) of this
section.
(1.) If the emissions level
calculated in accordance with paragraph (b)(xv)(F) of this section is equal to
or greater than 80 percent of the PAL level, the Division may renew the PAL at
the same level without considering the factors set forth in paragraph
(b)(xv)(J)(IV)(2.) of this section; or
(2.) The Division 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 Division in its written
rationale.
(3.) Notwithstanding
paragraphs (b)(xv)(J)(IV)(1.) and (2.) of this section:
a. If the potential to emit of the major
stationary source is less than the PAL, the Division shall adjust the PAL to a
level no greater than the potential to emit of the source; and
b. The Division shall not approve a renewed
PAL level higher than the current PAL, unless the major stationary source has
complied with the provisions of paragraph (b)(xv)(K) of this section
(increasing a PAL).
(V) If the compliance date for a State of
Wyoming or Federal requirement that applies to the PAL source occurs during the
PAL effective period, and if the Division has not already adjusted for such
requirement, the PAL shall be adjusted at the time of PAL permit renewal or
Chapter 6, Section 3 operating permit renewal, whichever occurs
first.
(K) Increasing a
PAL During the PAL Effective Period.
(I) The
Division may increase a PAL emission limitation only if the major stationary
source complies with the provisions in paragraphs (b)(xv)(K)(I)(1.) through
(4.) of this section.
(1.) The owner or
operator of the major stationary source shall submit a complete application to
request an increase in the PAL limit for a PAL major modification. Such
application shall identify the emissions unit(s) contributing to the increase
in emissions so as to cause the major stationary source's emissions to equal or
exceed its PAL.
(2.) As part of
this application, the major stationary source owner or operator shall
demonstrate that the sum of the baseline actual emissions of the small
emissions units, plus the sum of the baseline actual emissions of the
significant and major emissions units assuming application of BACT equivalent
controls, plus the sum of the allowable emissions of the new or modified
emissions unit(s), exceeds the PAL. The level of control that would result from
BACT equivalent controls on each significant or major emissions unit shall be
determined by conducting a new BACT analysis at the time the application is
submitted, unless the emissions unit is currently required to comply with a
BACT or LAER requirement that was established within the preceding 10 years. In
such a case, the assumed control level for that emissions unit shall be equal
to the level of BACT or LAER with which that emissions unit must currently
comply.
(3.) The owner or operator
obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in
paragraph (b)(xv)(K)(I)(1.) of this section, regardless of the magnitude of the
emissions increase resulting from them (that is, no significant levels apply).
These emissions unit(s) shall comply with any emissions requirements resulting
from the Chapter 6, Section 4 process (for example, BACT), even though they
have also become subject to the PAL or continue to be subject to the
PAL.
(4.) The PAL permit shall
require that the increased PAL level shall be effective on the day any
emissions unit that is part of the PAL major modification becomes operational
and begins to emit the PAL pollutant.
(II) The Division 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 paragraph (b)(xv)(K)(I)(2.) of this section), plus the sum
of the baseline actual emissions of the small emissions units.
(III) The PAL permit shall be revised to
reflect the increased PAL level pursuant to the public notice requirements of
paragraph (b)(xv)(E) of this section.
(L) Monitoring Requirements for PALs.
(I) General Requirements.
(1.) Each PAL permit must contain enforceable
requirements for the monitoring system that accurately determines plantwide
emissions of the PAL pollutant in terms of mass per unit of time. Any
monitoring system authorized for use in the PAL permit must be based on sound
science and meet generally acceptable scientific procedures for data quality
and manipulation. Additionally, the information generated by such system must
meet minimum legal requirements for admissibility in a judicial proceeding to
enforce the PAL permit.
(2.) The
PAL monitoring system must employ one or more of the four general monitoring
approaches meeting the minimum requirements set forth in paragraphs
(b)(xv)(L)(II)(1.) through (4.) of this section and must be approved by the
Division.
(3.) Notwithstanding
paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative
monitoring approach that meets paragraph (b)(xv)(L)(I)(1.) of this section if
approved by the Division.
(4.)
Failure to use a monitoring system that meets the requirements of this section
renders the PAL invalid.
(II) Minimum Performance Requirements For
Approved Monitoring Approaches. The following are acceptable general monitoring
approaches when conducted in accordance with the minimum requirements in
paragraphs (b)(xv)(L)(III) through (IX) of this section:
(1.) Mass balance calculations for activities
using coatings or solvents;
(2.)
CEMS;
(3.) CPMS or PEMS;
and
(4.) Emission
factors.
(III) Mass
Balance Calculations. An owner or operator using mass balance calculations to
monitor PAL pollutant emissions from activities using coating or solvents shall
meet the following requirements:
(1.) 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;
(2.) Assume that the
emissions unit emits all of the PAL pollutant that is contained in or created
by any raw material or fuel used in or at the emissions unit, if it cannot
otherwise be accounted for in the process; and
(3.) Where the vendor of a material or fuel,
which is used in or at the emissions unit, publishes a range of pollutant
content from such material, the owner or operator must use the highest value of
the range to calculate the PAL pollutant emissions unless the Division
determines there is site-specific data or a site-specific monitoring program to
support another content within the range.
(IV) CEMS. An owner or operator using CEMS to
monitor PAL pollutant emissions shall meet the following requirements:
(1.) CEMS must comply with applicable
Performance Specifications found in 40 CFR part
60 , Appendix B; and
(2.) CEMS must sample, analyze, and record
data at least every 15 minutes while the emissions unit is operating.
(V) CPMS or PEMS. An owner or
operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the
following requirements:
(1.) The CPMS or the
PEMS must be based on current site-specific data demonstrating a correlation
between the monitored parameter(s) and the PAL pollutant emissions across the
range of operation of the emissions unit; and
(2.) Each CPMS or PEMS must sample, analyze,
and record data at least every 15 minutes, or at another less frequent interval
approved by the Division, while the emissions unit is operating.
(VI) Emission Factors. An owner or
operator using emission factors to monitor PAL pollutant emissions shall meet
the following requirements:
(1.) All emission
factors shall be adjusted, if appropriate, to account for the degree of
uncertainty or limitations in the factors' development;
(2.) The emissions unit shall operate within
the designated range of use for the emission factor, if applicable;
and
(3.) If technically
practicable, the owner or operator of a significant emissions unit that relies
on an emission factor to calculate PAL pollutant emissions shall conduct
validation testing to determine a site-specific emission factor within 6 months
of PAL permit issuance, unless the Division determines that testing is not
required.
(VII) A source
owner or operator must record and report maximum potential emissions without
considering enforceable emission limitations or operational restrictions for an
emissions unit during any period of time that there is no monitoring data,
unless another method for determining emissions during such periods is
specified in the PAL permit.
(VIII)
Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII)
of this section, where an owner or operator of an emissions unit cannot
demonstrate a correlation between the monitored parameter(s) and the PAL
pollutant emissions rate at all operating points of the emissions unit, the
Division shall, at the time of permit issuance:
(1.) Establish default value(s) for
determining compliance with the PAL based on the highest potential emissions
reasonably estimated at such operating point(s); or
(2.) Determine that operation of the
emissions unit during operating conditions when there is no correlation between
monitored parameter(s) and the PAL pollutant emissions is a violation of the
PAL.
(IX) Re-validation.
All data used to establish the PAL pollutant must be re-validated through
performance testing or other scientifically valid means approved by the
Division. Such testing must occur at least once every 5 years after issuance of
the PAL.
(M)
Recordkeeping Requirements.
(I) The PAL permit
shall require an owner or operator to retain a copy of all records necessary to
determine compliance with any requirement of paragraph (b)(xv) of this section
and of the PAL, including a determination of each emissions unit's 12-month
rolling total emissions, for 5 years from the date of such record.
(II) The PAL permit shall require an owner or
operator to retain a copy of the following records, for the duration of the PAL
effective period plus 5 years:
(1.) A copy of
the PAL permit application and any applications for revisions to the PAL;
and
(2.) Each annual certification
of compliance pursuant to Chapter 6, Section 3 and the data relied on in
certifying the compliance.
(N) Reporting and Notification Requirements.
The owner or operator shall submit semi-annual monitoring reports and prompt
deviation reports to the Division in accordance with the applicable Chapter 6,
Section 3 operating permit program. The reports shall meet the requirements in
paragraphs (b)(xv)(N)(I) through (III) of this section.
(I) Semi-annual Report. The semi-annual
report shall be submitted to the Division within 30 days of the end of each
reporting period. This report shall contain the information required in
paragraphs (b)(xv)(N)(I)(1.) through (7.) of this section.
(1.) The identification of owner and operator
and the permit number.
(2.) Total
annual emissions (tons/year) based on a 12-month rolling total for each month
in the reporting period recorded pursuant to paragraph (b)(xv)(M)(I) of this
section.
(3.) All data relied upon,
including, but not limited to, any Quality Assurance or Quality Control data,
in calculating the monthly and annual PAL pollutant emissions.
(4.) A list of any emissions units modified
or added to the major stationary source during the preceding 6-month
period.
(5.) The number, duration,
and cause of any deviations or monitoring malfunctions (other than the time
associated with zero and span calibration checks), and any corrective action
taken.
(6.) A notification of a
shutdown of any monitoring system, whether the shutdown was permanent or
temporary, the reason for the shutdown, the anticipated date that the
monitoring system will be fully operational or replaced with another monitoring
system, and whether the emissions unit monitored by the monitoring system
continued to operate, and the calculation of the emissions of the pollutant or
the number determined by method included in the permit, as provided by
paragraph (b)(xv)(L)(VII) of this section.
(7.) A signed statement by the responsible
official (as defined by the applicable Chapter 6, Section 3 operating permit
program) certifying the truth, accuracy, and completeness of the information
provided in the report.
(II) Deviation Report. The major stationary
source owner or operator shall promptly submit reports of any deviations or
exceedance of the PAL requirements, including periods where no monitoring is
available. A report submitted pursuant to Chapter 6, Section
3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation
reports shall be submitted within the time limits prescribed by Chapter 6,
Section 3(h)(i)(C)(III)(2.). The reports shall contain the following
information:
(1.) The identification of owner
and operator and the permit number;
(2.) The PAL requirement that experienced the
deviation or that was exceeded;
(3.) Emissions resulting from the deviation
or the exceedance; and
(4.) A
signed statement by the responsible official (as defined by the applicable
Chapter 6, Section 3 operating permit program) certifying the truth, accuracy,
and completeness of the information provided in the report.
(III) Re-validation Results. The
owner or operator shall submit to the Division the results of any re-validation
test or method within three months after completion of such test or
method.
(O) Transition
Requirements.
(I) The Division shall not issue
a PAL that does not comply with the requirements in paragraphs (b)(xv)(A)
through (O) of this section after the Administrator has approved regulations
incorporating these requirements into Chapter 6, Section 4.
(II) The Division may supersede any PAL which
was established prior to the date of approval of this regulation by the
Administrator of EPA with a PAL that complies with the requirements of
paragraphs (b)(xv)(A) through (O) of this section.
(xvi) If any provision
of this section, or the application of such provision to any person or
circumstance, is held invalid, the remainder of this section, or the
application of such provision to persons or circumstances other than those as
to which it is held invalid, shall not be affected thereby.
(xvii) Transition:
(A) The requirements for BACT in Chapter 6,
Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6,
Section 4(b)(i) shall not apply to a major stationary source or major
modification that was subject to Chapter 6, Section 4, as effective on January
25, 1979, if the owner or operator of the source submitted an application for a
permit under these regulations before August 7, 1980, and the Administrator
subsequently determines that the application submitted before that date was
complete. Instead, the requirements of Chapter 6, Section 4 as in effect on
January 25, 1979, apply to any such source or modification.
(B) The requirements for air quality
monitoring in paragraph (b)(i)(E) shall not apply to a particular source or
modification that was subject to Chapter 6, Section 4, as effective on January
25, 1979, if the owner or operator of the source or modification submits an
application for a permit under these regulations on or before June 8, 1981, and
the Administrator subsequently determines that the application submitted before
that date was complete with respect to the requirements for ambient air quality
data analyses as in effect on January 25, 1979. Instead, the latter
requirements shall apply to such source or modification.
(C) The requirements for air quality
monitoring in paragraph (b)(i)(E) shall not apply to a particular source or
modification that was not subject to Chapter 6, Section 4, as effective on
January 25, 1979, if the owner or operator of the source or modification
submits an application for a permit under these regulations before June 8,
1981, and the Administrator subsequently determines that the application as
submitted before that date was complete except with respect to the requirements
in paragraph (b)(i)(F).
(D) The
requirements for air quality monitoring for PM10 in
paragraphs (b)(i)(E)(I) through (IV) of this section, effective February 13,
1989, shall not apply to a particular source or modification, if the owner or
operator of the source or modification submits an application for a permit
under Chapter 6, Section 4 on or before June 1, 1988 and the Administrator
subsequently determines that the application submitted before that date was
complete, except with respect to the requirements for monitoring particulate
matter.
(E) The requirements for
air quality monitoring of PM10 in paragraphs
(b)(i)(E)(IV) through (b)(i)(E)(V) of this section, effective February 13,
1989, shall apply to a particular source or modification if the owner or
operator of the source or modification submits an application for a permit
under this section after June 1, 1988 and no later than December 1, 1988. The
data shall have been gathered over at least the period from February 1, 1988 to
the date the application becomes otherwise complete in accordance with the
provisions set forth under paragraph (b)(xvii)(G) of this section, except that
the Administrator may provide that the monitoring period specification may be
reduced to a minimum of four months if he is satisfied that a complete and
adequate analysis can be accomplished with monitoring data gathered over that
shorter period of time.
(F) For any
application under this section that becomes complete except as to the
requirements of paragraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to
PM10, after December 1, 1988 and no later than August 1,
1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered
over at least the period from August 1, 1988 to the date the application
becomes otherwise complete. The Administrator may provide that the monitoring
period specification may be reduced to a minimum of four months if he is
satisfied that a complete and adequate analysis can be accomplished with
monitoring data gathered over that shorter period of time.
(G) With respect to any requirements for air
quality monitoring of PM
10 specified under paragraphs
(b)(xvii)(D) and (b)(xvii)(E) of this section, effective
February 13, 1989, the owner or operator of the source or
modification shall use a monitoring method approved by the Administrator and
shall estimate the ambient concentrations of PM10 using
the data collected by such approved monitoring method in accordance with
estimating procedures approved by the Administrator.
(H) The requirement to demonstrate compliance
with the maximum allowable increment for nitrogen dioxide shall not apply to a
major stationary source or major modification that was subject to Chapter 6,
Section 4, as effective on February 8, 1988, if the owner or operator of the
source or modification submits an application for a permit under these
regulations on or before October 30, 1990 and the Administrator subsequently
determines that the application submitted before that date was
complete.
(I) The requirement to
demonstrate compliance with the maximum allowable increment for
PM
10 shall not apply to a major stationary source or
major modification that was subject to Chapter 6, Section 4, as effective on
June 3, 1993, if the owner or operator of the source or modification submits an
application for a permit under these regulations on or before the effective
date of this regulation revision and the Administrator subsequently determines
that the application submitted before that date was complete. Instead, the
requirement to demonstrate compliance with the maximum allowable increment for
TSP, as in effect at the time the application was submitted, shall apply:
Maximum Allowable Increments of Deterioration -
µg/m3
|
Pollutant
|
Class I
|
Class II
|
|
Particulate Matter:
|
|
|
|
TSP, Annual geometric mean
|
5
|
19
|
|
TSP, 24-hour maximum*
|
10
|
37
|
*Maximum allowable increment may be exceeded once per year at
any receptor site.
