Regulated NSR pollutant

31. Regulated NSR pollutant, for purposes of this Ruling, means the following:
(i) Nitrogen oxides or any volatile organic compounds;
(ii) 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 permits issued under this ruling. 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 section unless the applicable implementation plan required condensable particulate matter to be included.
(b) Any pollutant that is identified under this paragraph II.A.31(ii)(2) as a constituent or precursor of a general pollutant listed under paragraph II.A.31(i) or (ii) of this Ruling, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:
(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.
(2) Sulfur dioxide and Nitrogen oxides are regulated as precursors to PM2.5 in all PM2.5 nonattainment areas.
(3) For any area that was designated nonattainment for PM2.5 on or before April 15, 2015, Volatile organic compounds and Ammonia shall be regulated as precursors to PM2.5 beginning on April 15, 2017, with respect to any permit issued for PM2.5, unless the following conditions are met: The state submits a SIP for the Administrator's review containing the state's preconstruction review provisions for PM2.5 consistent with § 51.165 and a complete NNSR precursor demonstration consistent with § 51.1006(a)(3); and such SIP is determined to be complete by the Administrator or deemed to be complete by operation of law in accordance with section 110(k)(1)(B) of the Act by April 15, 2017. If these conditions are met, the precursor(s) addressed by the NNSR precursor demonstration (Volatile organic compounds, Ammonia, or both) shall not be regulated as a precursor to PM2.5 in such area. If the Administrator subsequently disapproves the state's preconstruction review provisions for PM2.5 and the NNSR precursor demonstration, the precursor(s) addressed by the NNSR precursor demonstration shall be regulated as a precursor to PM2.5 under this Ruling in such area as of April 15, 2017, or the effective date of the disapproval, whichever date is later.
(4) For any area that is designated nonattainment for PM2.5 after April 15, 2015, and was not already designated nonattainment for PM2.5 on or immediately prior to such date, Volatile organic compounds and Ammonia shall be regulated as precursors to PM2.5 under this Ruling beginning 24 months from the date of designation as nonattainment for PM2.5 with respect to any permit issued for PM2.5, unless the following conditions are met: the state submits a SIP for the Administrator's review which contains the state's preconstruction review provisions for PM2.5 consistent with § 51.165 and a complete NNSR precursor demonstration consistent with § 51.1006(a)(3); and such SIP is determined to be complete by the Administrator or deemed to be complete by operation of law in accordance with section 110(k)(1)(B) of the Act by the date 24 months from the date of designation. If these conditions are met, the precursor(s) addressed by the NNSR precursor demonstration (Volatile organic compounds, Ammonia, or both) shall not be regulated as a precursor to PM2.5 in such area. If the Administrator subsequently disapproves the state's preconstruction review provisions for PM2.5 and the NNSR precursor demonstration, the precursor(s) addressed by the NNSR precursor demonstration shall be regulated as a precursor to PM2.5 under this Ruling in such area as of the date 24 months from the date of designation, or the effective date of the disapproval, whichever date is later.

Source

40 CFR § S_to_part_51


Scoping language

None
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