| (8) Clean coal technology--Any technology, including
technologies applied at the precombustion, combustion, or post-combustion
stage, at a new or existing facility that will achieve significant
reductions in air emissions of sulfur dioxide or oxides of nitrogen
associated with the utilization of coal in the generation of electricity,
or process steam that was not in widespread use as of November 15,
1990.
(9) Clean coal technology demonstration project--A
project using funds appropriated under the heading "Department of
Energy-Clean Coal Technology," up to a total amount of $2.5 billion
for commercial demonstration of clean coal technology, or similar
projects funded through appropriations for the United States Environmental
Protection Agency. The federal contribution for a qualifying project
shall be at least 20% of the total cost of the demonstration project.
(10) Commence--As applied to construction of a major
stationary source or major modification, means that the owner or operator
has all necessary preconstruction approvals or permits and either
has:
(A) begun, or caused to begin, a continuous program
of actual on-site construction of the source, to be completed within
a reasonable time; or
(B) 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 actual construction
of the source to be completed within a reasonable time.
(11) Construction--Any physical change or change in
the method of operation (including fabrication, erection, installation,
demolition, or modification of an emissions unit) that would result
in a change in actual emissions.
(12) Contemporaneous period--For major sources the
period between:
(A) the date that the increase from the particular
change occurs; and
(B) 60 months prior to the date that construction on
the particular change commences.
(13) De minimis threshold
test (netting)--A method of determining if a proposed emission increase
will trigger nonattainment or prevention of significant deterioration
review. The summation of the proposed project emission increase in
tons per year with all other creditable source emission increases
and decreases during the contemporaneous period is compared to the
significant level for that pollutant. If the significant level is
exceeded, then prevention of significant deterioration and/or nonattainment
review is required.
(14) Electric utility steam generating unit--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 megawatts 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 generator that
would produce electrical energy for sale is included in determining
the electrical energy output capacity of the affected facility.
(15) Federally regulated new source review pollutant--As
defined in subparagraphs (A) - (E) of this paragraph:
(A) any pollutant for which a national ambient air
quality standard has been promulgated and any constituents or precursors
for such pollutants identified by the United States Environmental
Protection Agency;
(B) except for greenhouse gases, any pollutant that
is subject to any standard promulgated under Federal Clean Air Act
(FCAA), §111;
(C) any Class I or II substance subject to a standard
promulgated under or established by FCAA, Title VI;
(D) any pollutant that otherwise is subject to regulation
under the FCAA; except that any or all hazardous air pollutants either
listed in FCAA, §112 or added to the list under FCAA, §112(b)(2),
which have not been delisted under FCAA, §112(b)(3), are not
regulated new source review pollutants unless the listed hazardous
air pollutant is also regulated as a constituent or precursor of a
general pollutant listed under FCAA, §108; or
(E) greenhouse gases that meet or exceed the thresholds
established in §116.164 of this title (relating to Prevention
of Significant Deterioration Applicability for Greenhouse Gases Sources).
(16) Greenhouse gases (GHGs)--as defined in §101.1
of this title (relating to Definitions).
(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;
Cont'd... |
