| (17) Lowest achievable emission rate--For any emitting
facility, that rate of emissions of a contaminant that does not exceed
the amount allowable under applicable new source performance standards
promulgated by the United States Environmental Protection Agency under
42 United States Code, §7411, and that reflects the following:
(A) the most stringent emission limitation that is
contained in the rules and regulations of any approved state implementation
plan for a specific class or category of facility, unless the owner
or operator of the proposed facility demonstrates that such limitations
are not achievable; or
(B) the most stringent emission limitation that is
achieved in practice by a specific class or category of facilities,
whichever is more stringent.
(18) Major facility--Any facility that emits or has
the potential to emit 100 tons per year or more of the plant-wide
applicability limit (PAL) pollutant in an attainment area; or any
facility 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 in Table I of this section for nonattainment
areas.
(19) Major stationary source--Any stationary source
that emits, or has the potential to emit, a threshold quantity of
emissions or more of any air contaminant (including volatile organic
compounds (VOCs)) for which a national ambient air quality standard
has been issued, or greenhouse gases. The major source thresholds
are identified in Table I of this section for nonattainment pollutants
and the major source thresholds for prevention of significant deterioration
pollutants are identified in 40 Code of Federal Regulations (CFR) §51.166(b)(1).
For greenhouse gases, the major source thresholds are specified in §116.164
of this title (relating to Prevention of Significant Deterioration
Applicability for Greenhouse Gases Sources). A source that emits,
or has the potential to emit a federally regulated new source review
pollutant at levels greater than those identified in 40 CFR §51.166(b)(1)
is considered major for all prevention of significant deterioration
pollutants. A major stationary source that is major for VOCs or nitrogen
oxides is considered to be major for ozone. The fugitive emissions
of a stationary source shall not be included in determining for any
of the purposes of this definition whether it is a major stationary
source, unless the source belongs to one of the categories of stationary
sources listed in 40 CFR §51.165(a)(1)(iv)(C).
(20) Major modification--As follows.
(A) Any physical change in, or change in the method
of operation of a major stationary source that causes a significant
project emissions increase and a significant net emissions increase
for any federally regulated new source review pollutant. At a stationary
source that is not major prior to the increase, the increase by itself
must equal or exceed that specified for a major source. At an existing
major stationary source, the increase must equal or exceed that specified
for a major modification to be significant. The major source and significant
thresholds are provided in Table I of this section for nonattainment
pollutants. The major source and significant thresholds for prevention
of significant deterioration pollutants are identified in 40 Code
of Federal Regulations §51.166(b)(1) and (23), respectively and
in §116.164 of this title (relating to Prevention of Significant
Deterioration Applicability for Greenhouse Gases Sources).
Attached Graphic
(B) A physical change or change in the method of operation
shall not include:
(i) routine maintenance, repair, and replacement;
(ii) use of an alternative fuel or raw material by
reason of an order under the Energy Supply and Environmental Coordination
Act of 1974, §2(a) and (b) (or any superseding legislation) or
by reason of a natural gas curtailment plan under the Federal Power
Act;
(iii) use of an alternative fuel by reason of an order
or rule of 42 United States Code, §7425;
(iv) use of an alternative fuel at a steam generating
unit to the extent that the fuel is generated from municipal solid
waste;
(v) use of an alternative fuel or raw material by a
stationary source that the source was capable of accommodating before
December 21, 1976 (unless such change would be prohibited under any
federally enforceable permit condition established after December
21, 1976) or the source is approved to use under any permit issued
under regulations approved under this chapter;
(vi) an increase in the hours of operation or in the
production rate (unless the change is prohibited under any federally
enforceable permit condition that was established after December 21,
1976);
(vii) any change in ownership at a stationary source;
(viii) any change in emissions of a pollutant at a
site that occurs under an existing plant-wide applicability limit;
(ix) the installation, operation, cessation, or removal
of a temporary clean coal technology demonstration project, provided
that the project complies with the state implementation plan and other
requirements necessary to attain and maintain the national ambient
air quality standard during the project and after it is terminated;
(x) for prevention of significant deterioration review
only, the installation or operation of a permanent clean coal technology
demonstration project that constitutes re-powering, 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; or
(xi) for prevention of significant deterioration review
only, the reactivation of a clean coal-fired electric utility steam
generating unit.
(21) Necessary preconstruction approvals or permits--Those
permits or approvals required under federal air quality control laws
and regulations and those air quality control laws and regulations
that are part of the applicable state implementation plan.
(22) Net emissions increase--The amount by which the
sum of the following exceeds zero: the project emissions increase
plus any sourcewide creditable contemporaneous emission increases,
minus any sourcewide creditable contemporaneous emission decreases.
Baseline actual emissions shall be used to determine emissions increases
and decreases.
(A) An increase or decrease in emissions is creditable
only if the following conditions are met:
(i) it occurs during the contemporaneous period;
(ii) the executive director has not relied on it in
issuing a federal new source review permit for the source and that
permit is in effect when the increase in emissions from the particular
change occurs; and
(iii) in the case of prevention of significant deterioration
review only, an increase or decrease in 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.
(B) An increase in emissions is creditable if it is
the result of a physical change in, or change in the method of operation
of a stationary source only to the extent that the new level of emissions
exceeds the baseline actual emission rate. Emission increases at facilities
under a plant-wide applicability limit are not creditable.
(C) A decrease in emissions is creditable only to the
extent that all of the following conditions are met:
(i) the baseline actual emission rate exceeds the new
level of emissions;
(ii) it is federally enforceable at and after the time
that actual construction on the particular change begins;
(iii) the executive director has not relied on it in
issuing a prevention of significant deterioration or a nonattainment
permit;
(iv) the decrease has approximately the same qualitative
significance for public health and welfare as that attributed to the
increase from the particular change; and
(v) in the case of nonattainment applicability analysis
only, the state has not relied on the decrease to demonstrate attainment
or reasonable further progress.
(D) 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.
Cont'd... |
