| (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.
(23) Offset ratio--For the purpose of satisfying the
emissions offset reduction requirements of 42 United States Code, §7503(a)(1)(A),
the emissions offset ratio is the ratio of total actual reductions
of emissions to total emissions increases of such pollutants. The
minimum offset ratios are included in Table I of this section under
the definition of major modification. In order for a reduction to
qualify as an offset, it must be certified as an emission credit under
Chapter 101, Subchapter H, Division 1 or 4 of this title (relating
to Emission Credit Banking and Trading; or Discrete Emission Credit
Banking and Trading), except as provided for in §116.170(b) of
this title (relating to Applicability of Emission Reductions as Offsets).
The reduction must not have been relied on in the issuance of a previous
nonattainment or prevention of significant deterioration permit.
(24) Plant-wide applicability limit--An emission limitation
expressed, in tons per year, for a pollutant at a major stationary
source, that is enforceable and established in a plant-wide applicability
limit permit under §116.186 of this title (relating to General
and Special Conditions).
(25) Plant-wide applicability limit effective date--The
date of issuance of the plant-wide applicability limit permit.
(26) Plant-wide applicability limit major modification--Any
physical change in, or change in the method of operation of the plant-wide
applicability limit source that causes it to emit the plant-wide applicability
limit pollutant at a level equal to or greater than the plant-wide
applicability limit.
(27) Plant-wide applicability limit permit--The new
source review permit that establishes the plant-wide applicability
limit.
(28) Plant-wide applicability limit pollutant--The
pollutant for which a plant-wide applicability limit is established
at a major stationary source.
(29) Potential to emit--The maximum capacity of a stationary
source to emit a pollutant under its physical and operational design.
Any physical or enforceable operational limitation on the capacity
of the stationary source to emit a pollutant, including air pollution
control equipment and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed, may be
treated as part of its design only if the limitation or the effect
it would have on emissions is federally enforceable. Secondary emissions,
as defined in 40 Code of Federal Regulations §51.165(a)(1)(viii),
do not count in determining the potential to emit for a stationary
source.
(30) Project net--The sum of the following: the project
emissions increase, minus any sourcewide creditable emission decreases
proposed at the source between the date of application for the modification
and the date the resultant modification begins emitting. Baseline
actual emissions shall be used to determine emissions increases and
decreases. Increases and decreases must meet the creditability criteria
listed under the definition of net emissions increase in this section.
(31) Projected actual emissions--The maximum annual
rate, in tons per year, at which an existing facility is projected
to emit a federally regulated new source review pollutant in any rolling
12-month period during the five years following the date the facility
resumes regular operation after the project, or in any one of the
ten years following that date, if the project involves increasing
the facility's design capacity or its potential to emit that federally
regulated new source review pollutant. In determining the projected
actual emissions, the owner or operator of the major stationary source
shall include unauthorized emissions from planned maintenance, startup,
or shutdown activities, which were historically unauthorized and subject
to reporting under Chapter 101 of this title (relating to General
Air Quality Rules), to the extent they have been authorized, or are
being authorized; and fugitive emissions to the extent quantifiable;
and shall consider all relevant information, including, but not limited
to, historical operational data, the company's own representations,
the company's expected business activity and the company's highest
projections of business activity, the company's filings with the state
or federal regulatory authorities, and compliance plans under the
approved state implementation plan.
(32) Project emissions increase--Project emissions
increases are determined using the following methods:
(A) for existing facilities that are part of the project,
the sum of the differences between the projected actual emissions
and the baseline actual emissions. In calculating any increase in
emissions that results from the project, that portion of the facility's
emissions following the project that the facility could have accommodated
during the consecutive 24-month period used to establish the baseline
actual emissions and that are also unrelated to the particular project,
including any increased utilization due to product demand growth may
be excluded from the project emission increase. The potential to emit
from the Cont'd... |
