326 IAC 2-2-1 - Definitions
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) The
definitions in this section apply throughout this rule.
(b) "Actual emissions " means the actual rate
of emissions of a regulated new source review (NSR) pollutant from an emissions
unit as determined in accordance with the following:
(1) 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 twenty-four (24) month
period preceding the particular date and representative of normal source
operation . The department 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.
(2) The
department may presume that source-specific allowable emissions for the unit
are equivalent to the actual emissions of the unit.
(3) 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.
(4) The term shall not apply for calculating
a significant emissions increase under section 2(d) of this rule or for
establishing a PAL under 326 IAC 2-2.4. Instead, subsections (e) and (pp) shall
apply for those purposes.
(c) "Adverse impact on visibility " means
visibility impairment that interferes with the management, protection,
preservation, or enjoyment of the visitor's visual experience of the federal
Class I area as defined in section 13 of this rule. This determination must be
made on a case-by-case basis taking into account the geographic extent,
intensity, duration, frequency, and time of visibility impairment, and how
these factors correlate with:
(1) times of
visitor use of the federal Class I area; and
(2) the frequency and timing of natural
conditions that reduce visibility.
(d) "Allowable emissions " means the emissions
rate of a stationary source calculated using the maximum rated capacity of the
source (unless a source is subject to enforceable permit limits that restrict
the operating rate or hours of operation , or both) and the most stringent of
the:
(2) SIP emissions limitation, including those
with a future compliance date; or
(3) emissions rate specified as an
enforceable permit condition, including those with a future compliance
date.
(e) "Baseline
actual emissions " means the rate of emissions, in tons per year, of a regulated
NSR pollutant, as determined in accordance with the following:
(1) For any existing electric utility steam
generating unit , the term means the average rate, in tons per year, at which
the unit actually emitted the pollutant during any consecutive twenty-four (24)
month period selected by the owner or operator within the five (5) year period
immediately preceding when the owner or operator begins actual construction of
the project. The commissioner shall allow the use of a different time period
upon a determination that it is more representative of normal source operation .
The baseline actual emissions shall be determined in accordance with the
following:
(A) The average rate shall include
fugitive emissions to the extent quantifiable and emissions associated with
start-ups, shutdowns, and malfunctions to the extent they are affected by the
project.
(B) The average rate shall
be adjusted downward to exclude any noncompliant emissions that occurred while
the source was operating above any emission limitation that was legally
enforceable during the consecutive twenty-four (24) month period.
(C) For a regulated NSR pollutant , when a
project involves multiple emissions units, only one (1) consecutive twenty-four
(24) month period may be used to determine the baseline actual emissions for
the emissions units being changed. A different consecutive twenty-four (24)
month period can be used for each regulated NSR pollutant.
(D) The average rate shall not be based on
any consecutive twenty-four (24) month period for which there is inadequate
information available for determining annual emissions, in tons per year, and
for adjusting this amount if required by clause (B).
(2) For an existing emissions unit other than
an electric utility steam generating unit , the term means the average rate, in
tons per year, at which the emissions unit actually emitted the pollutant
during any consecutive twenty-four (24) month period selected by the owner or
operator within the ten (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 department for a permit required
by this rule, except that the ten (10) year period shall not include any period
earlier than November 15, 1990. The baseline actual emissions shall be
determined in accordance with the following:
(A) The average rate shall include fugitive
emissions to the extent quantifiable and emissions associated with start-ups,
shutdowns, and malfunctions to the extent they are affected by the
project.
(B) The average rate shall
be adjusted downward to exclude any noncompliant emissions that occurred while
the source was operating above an emission limitation that was legally
enforceable during the consecutive twenty-four (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 the
major stationary source been required to comply with the limitations during the
consecutive twenty-four (24) month period. However, if an emission limitation
is part of a maximum achievable control technology standard that the U.S. EPA
proposed or promulgated under 40 CFR Part 63 *, the baseline actual emissions
need only be adjusted if the department has applied the emissions reductions to
an attainment demonstration or maintenance plan consistent with the
requirements of 326 IAC 2-3-3(b)(12).
(D) For a regulated NSR pollutant , when a
project involves multiple emissions units, only one (1) consecutive twenty-four
(24) month period may be used to determine the baseline actual emissions for
all the emissions units being changed. A different consecutive twenty-four (24)
month period can be used for each regulated NSR pollutant.
(E) The average rate shall not be based on
any consecutive twenty-four (24) month period for which there is inadequate
information available for determining annual emissions, in tons per year, and
for adjusting this amount if required by clauses (B) and (C).
(3) 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 the unit shall
equal zero (0) and thereafter, for all other purposes, shall equal the unit's
potential to emit.
(4) For a PAL
for a stationary source, the baseline actual emissions shall be calculated as
follows:
(A) For an existing electric utility
steam generating unit , in accordance with subdivision (1).
(B) For an existing emissions unit except an
existing electric utility steam generating unit , in accordance with subdivision
(2).
(C) For a new emissions unit ,
in accordance with subdivision (3).
(f) "Baseline area " means the following:
(1) Any intrastate area (and every part
thereof) designated as attainment or unclassifiable in accordance with 326 IAC
1-4 in which the major stationary 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:
(A) equal to or greater than one (1)
microgram per cubic meter ([MICRO]g/m3) (annual
average) for sulfur dioxide (SO2), nitrogen dioxide
(NO2), or PM10; or
(B) equal to or greater than three-tenths
(0.3) microgram per cubic meter ([MICRO]g/m3)
(annual average) for PM2.5.
(2) Area redesignations under 326 IAC 1-4 and
Section 107(d)(1)(D) or 107(d)(1)(E) of the CAA cannot intersect or be smaller
than the area of impact of any major stationary source or major modification
that:
(A) establishes a minor source baseline
date; or
(B) is subject to 40 CFR
Part 52.21 * and this rule and would be constructed in the same state as the
state proposing the redesignation.
(3) Any baseline area established originally
for the total suspended particulate (TSP) increments shall remain in effect and
shall apply for purposes of determining the amount of available
PM10 increments, except that the baseline area shall not
remain in effect if the U.S. EPA rescinds the corresponding minor source
baseline date in accordance with 40 CFR Part 52.21(b)(14)(iv) *.
(g) "Baseline concentration " means
that ambient concentration level that 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 the following:
(1) The actual emissions , as defined in
subsection (b), representative of sources in existence on the applicable minor
source baseline date except as provided in subdivision (3).
(2) The allowable emissions of major
stationary sources that commenced construction before the major source baseline
date, but were not in operation by the applicable minor source baseline
date.
(3) The following will not be
included in the baseline concentration and will affect the applicable maximum
allowable increase or increases:
(A) Actual
emissions , as defined in subsection (b), from any major stationary source on
which construction commenced after the major source baseline date.
(B) Increases and decreases of actual
emissions , as defined in subsection (b), at any stationary source occurring
after the minor source baseline date.
(h) "Begin actual construction " means, in
general, initiation of physical on-site construction activities on an emissions
unit that are of a permanent nature. Such activities include, but are not
limited to, the following:
(1) Installation of
building supports and foundations.
(2) Laying underground pipework.
(3) Construction of permanent storage
structures.
With respect to a change in method of operations, the term refers to those on-site activities other than preparatory activities that mark the initiation of the change.
(i) "Best available control technology " or
"BACT" means an emissions limitation, including a visible emissions standard,
based on the maximum degree of reduction for each regulated NSR pollutant that
would be emitted from any proposed major stationary source or major
modification, that the commissioner, on a case-by-case basis, taking into
account energy, environmental, and economic impacts and other costs, determines
is achievable for the source or modification through application of production
processes or available methods, systems, and techniques, including fuel
cleaning or treatment or innovative fuel combustion techniques for control of
the pollutant. In no event shall application of BACT result in emissions of any
pollutant that would exceed the emissions allowed by any applicable standard
under 40 CFR Part 60 * and 40 CFR Part 61 *. If the commissioner determines
that technological or economic limitations on the application of measurement
methodology to a particular emissions unit would make the imposition of an
emissions standard not feasible, a design, equipment, work practice,
operational standard, or combination thereof may be prescribed instead to
satisfy the requirements for the application of BACT . The standard shall, to
the degree possible, set forth the emissions reduction achievable by
implementation of the design, equipment, work practice, or operation and shall
provide for compliance by means that achieve equivalent results.
(j) "Building, structure, facility, or
installation" means all of the pollutant-emitting activities that belong to the
same industrial grouping, are located on one (1) 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. Pollutant-emitting
activities shall be considered as part of the same industrial grouping if they
belong to the same major group, for example, that have the same first two (2)
digit code, as described in the Standard Industrial Classification Manual,
1972, as amended by the 1977 Supplement (U.S. Government Printing
Office)*.
(k) "Clean coal
technology " means any technology, including technologies applied at the
precombustion, combustion, or postcombustion stage, at a new or existing
facility that will achieve significant reductions in air emissions of sulfur
dioxide or nitrogen oxides 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.
(l) "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 two billion five hundred million dollars ($2,500,000,000) for
commercial demonstration of clean coal technology or similar projects funded
through appropriations for the U.S. EPA. The federal contribution for a
qualifying project shall be at least twenty percent (20%) of the total cost of
the demonstration project.
(m)
"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:
(1) begun, or caused to begin, a continuous
program of actual on-site construction of the source to be completed within a
reasonable time; or
(2) 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.
(n)
"Complete " means, in reference to an application for a permit, that the
application contains all of the information necessary for processing the
application. Designating an application complete for purposes of permit
processing does not preclude the department from requesting or accepting any
additional information.
(o)
"Construction " means any physical change or change in the method of operation ,
including:
(1) fabrication;
(2) erection;
(3) installation;
(4) demolition; or
(5) modification;of an emissions unit , that
would result in a change in emissions.
(p) "Continuous emissions monitoring system "
or "CEMS" means all of the equipment that may be required to meet the data
acquisition and availability requirements of this rule to complete the
following:
(1) Sample emissions on a
continuous basis.
(2) If
applicable, condition emissions.
(3) Analyze emissions on a continuous
basis.
(4) Provide a record of
emissions on a continuous basis.
(q) "Continuous emissions rate monitoring
system " or "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.
(r) "Continuous parameter
monitoring system " or "CPMS" means all of the equipment necessary to meet the
data acquisition and availability requirements of this rule to:
(1) monitor:
(A) process and control device operational
parameters; and
(B) other
information, such as gas flow rate, O2 or
CO2 concentrations; and
(2) record the average operational parameter
value on a continuous basis.
(s) "Electric utility steam generating unit "
means any steam electric generating unit that is constructed for the purpose of
supplying more than one-third (1/3) of its potential electric output capacity
and more than twenty-five (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 also considered in determining the
electrical energy output capacity of the affected facility.
(t) "Emissions unit " means any part of a
stationary source that emits or would have the potential to emit any regulated
NSR pollutant. For purposes of this rule, there are the following two (2) types
of emissions units:
(1) A new emissions unit
is any emissions unit that is, or will be, newly constructed and that has
existed for less than two (2) years from the date the emissions unit first
operated.
(2) An existing
emissions unit is any emissions unit that does not meet the requirements in
subdivision (1). A replacement unit is an existing emissions unit .
(u) "Federal land manager " means,
with respect to any lands in the United States, the secretary of the department
with authority over the lands.
(v)
"Federally enforceable " means all limitations and conditions that are
enforceable by the U.S. EPA, including:
(2) requirements within the SIP;
and
(3) any permit requirements
established pursuant to 40 CFR Part 52.21 * or under regulations approved
pursuant to 40 CFR Part 51, Subpart I*, including operating permits issued
under an EPA-approved program that is incorporated into the SIP and expressly
requires adherence to any permit issued under the program.
(w) "Fugitive emissions " means those
emissions that could not reasonably pass through a stack, chimney, vent, or
other functionally equivalent opening.
(x) "High terrain " means any area having an
elevation nine hundred (900) feet or more above the base of the stack of a
source.
(y) "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.
(z) "Indian reservation " means any federally
recognized reservation established by:
(1)
treaty;
(2) agreement;
(3) executive order; or
(4) act of Congress.
(aa) "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 nonair quality environmental impacts.
(bb) "Lowest achievable emission rate " or
"LAER" means, for any source, the more stringent rate of emissions based on the
most stringent emissions limitation of the following:
(1) Contained in the SIP for the class or
category of stationary source unless the owner or operator of the proposed
stationary source demonstrates that the limitations are not
achievable.
(2) Achieved in
practice by the class or category of stationary source . This limitation, when
applied to a modification, means the LAER for the new or modified emissions
unit within the stationary source. In no event shall the application of the
LAER allow a proposed new or modified stationary source to emit any pollutant
in excess of the amount allowable under applicable new source standards of
performance.
(cc) "Low
terrain " means any area other than high terrain .
(dd) "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 and a significant net
emissions increase of a regulated NSR pollutant from the major stationary
source. The following shall apply:
(1) Any
significant emissions increase from any emissions units or net emissions
increase at a major stationary source that is significant for VOC or
NOx shall be considered significant for ozone.
(2) A physical change or change in the method
of operation shall not include the following:
(A) Routine maintenance, repair, and
replacement.
(B) Use of an
alternative fuel or raw material by reason of an order under Sections 2(a) and
2(b) of the Energy Supply and Environmental Coordination Act of 1974 or by
reason of a natural gas curtailment plan pursuant to the Federal Power
Act.
(C) Use of an alternative fuel
by reason of an order under Section 125 of the CAA.
(D) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is generated from municipal solid
waste.
(E) Use of an alternative
fuel or raw material by a source that the source:
(i) was capable of accommodating before
January 6, 1975, unless the change would be prohibited under any enforceable
permit condition that was established after January 6, 1975, pursuant to:
(AA) 40 CFR Part 52.21 *;
(BB) this rule;
(CC) 326 IAC 2-3; or
(ii) is approved to use
under any permit issued under 40 CFR Part 52.21 * or under this rule.
(F) An increase in the
hours of operation or in the production rate unless the change would be
prohibited under any enforceable permit condition that was established after
January 6, 1975, pursuant to 40 CFR Part 52.21 * or under this rule or 326 IAC
2-3.
(G) Any change in ownership at
a source.
(H) The installation,
operation , cessation, or removal of a temporary clean coal technology
demonstration project provided that the project complies with:
(i) the SIP; and
(ii) other requirements necessary to attain
and maintain the national ambient air quality standards during the project and
after the project 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 .
(ee) "Major source baseline date " means the
following:
(1) In the case of
PM10 and sulfur dioxide, January 6, 1975.
(2) In the case of nitrogen dioxide, February
8, 1988.
(3) In the case of
PM2.5, October 20, 2010.
(ff) "Major stationary source " means the
following:
(1) Any of the following stationary
sources of air pollutants that are located or proposed to be located in an
attainment or unclassifiable area as designated in 326 IAC 1-4 and that emit or
have the potential to emit one hundred (100) tons per year or more of any
regulated NSR pollutant:
(A) Fossil fuel-fired
steam electric plants of more than two hundred fifty million (250,000,000)
British thermal units per hour heat input.
(B) Coal cleaning plants (with thermal
driers).
(C) Kraft pulp
mills.
(D) Portland cement
plants.
(E) Primary zinc
smelters.
(F) Iron and steel mill
plants.
(G) Primary aluminum ore
reduction plants.
(H) Primary
copper smelters.
(I) Municipal
incinerators capable of charging more than fifty (50) tons of refuse per
day.
(J) Hydrofluoric, sulfuric,
and nitric acid plants.
(K)
Petroleum refineries.
(L) Lime
plants.
(M) Phosphate rock
processing plants.
(N) Coke oven
batteries.
(O) Sulfur recovery
plants.
(P) Carbon black plants
(furnace process ).
(Q) Primary lead
smelters.
(R) Fuel conversion
plants.
(S) Sintering
plants.
(T) Secondary metal
production plants.
(U) Chemical
process plants, excluding ethanol production facilities that produce ethanol by
natural fermentation included in North American Industry Classification System
(NAICS) codes 325193 for Ethyl Alcohol Manufacturing or 312140 for
Distilleries, as revised in 2007**.
(V) Fossil fuel boilers (or combinations
thereof) totaling more than two hundred fifty million (250,000,000) British
thermal units per hour heat input.
(W) Taconite ore processing plants.
(X) Glass fiber processing plants.
(Y) Charcoal production plants.
(Z) Petroleum storage and transfer units with
a total storage capacity exceeding three hundred thousand (300,000)
barrels.
(2) Any
stationary source with the potential to emit two hundred fifty (250) tons per
year or more of a regulated NSR pollutant.
(3) Any of the following stationary sources
with potential emissions of five (5) tons per year or more of lead or lead
compounds measured as elemental lead:
(A)
Primary lead smelters.
(B)
Secondary lead smelters.
(C)
Primary copper smelters.
(D) Lead
gasoline additive plants.
(E)
Lead-acid storage battery manufacturing plants that produce two thousand
(2,000) or more batteries per day.
(4) Any other stationary source with
potential emissions of twenty-five (25) or more tons per year of lead or lead
compounds measured as elemental lead.
(5) Any physical change occurring at a
stationary source not qualifying under subdivisions (1) through (4) if the
change would by itself qualify as a major stationary source under subdivisions
(1) through (4).
(6)
Notwithstanding subdivisions (1) through (5), a source or modification of a
source shall not be considered a major stationary source if it would qualify
under subdivisions (1) through (5) only if fugitive emissions , to the extent
quantifiable, are considered in calculating potential to emit of the stationary
source or modification and the source does not belong to any of the categories
listed in subdivision (1) or any other stationary source category that, as of
August 7, 1980, is being regulated under Section 111 or 112 of the CAA ( 42
U.S.C. 7411 or 42 U.S.C. 7412 ).
(7) A major stationary source that is major
for VOC or NOx shall be considered major for
ozone.
(gg) "Minor
source baseline date" means the earliest date after the trigger date on which a
major stationary source or major modification subject to the requirements of
this rule or to 40 CFR Part 52.21 * submits a complete application under the
relevant regulations, including the following:
(1) The trigger date is the following:
(A) In the case of
PM10 and sulfur dioxide, August 7, 1977.
(B) In the case of nitrogen dioxide, February
8, 1988.
(C) In the case of
PM2.5, October 20, 201Sec. 1.
(2) 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 326 IAC 1-4 for the pollutant on the date of its complete
application under this rule; 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.
(3) 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, except that the commissioner may
rescind a minor source baseline date where it can be shown, to the satisfaction
of the commissioner, that the emissions increase from the major stationary
source, or net emissions increase from the major modification, responsible for
triggering that date did not result in a significant amount of
PM10 emissions.
(hh) "Necessary preconstruction approvals or
permits " means those permits or approvals required under federal air quality
control laws and regulations and air quality control laws and regulations that
are part of the SIP.
(ii) "Net
emissions increase ", with respect to any regulated NSR pollutant emitted by a
major stationary source , means the following:
(1) The amount by which the sum of the
following exceeds zero (0):
(A) The increase
in emissions from a particular physical change or change in the method of
operation at a stationary source as calculated under section 2(d) of this
rule.
(B) 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
clause shall be determined as provided in subsection (e), except that
subsection (e)(1)(C) and (e)(2)(D) shall not apply.
(2) An increase or decrease in actual
emissions is contemporaneous with the increase from the particular change only
if it occurs between the following:
(A) The
date five (5) years before construction of the particular change
commences.
(B) The date that the
increase from the particular change occurs.
(3) An increase or decrease in actual
emissions is creditable only if the department has not relied on the increase
or decrease in actual emissions in issuing a permit to the source under 40 CFR
Part 52.21 * or this rule and the permit is in effect when the increase in
actual emissions from the particular change occurs.
(4) An increase or decrease in actual
emissions of sulfur dioxide, PM, 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.
(5) An
increase in actual emissions is creditable only to the extent that a new level
of actual emissions exceeds the old level.
(6) 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;
and
(C) it has approximately the
same qualitative significance for public health and welfare as that attributed
to the increase from the particular change.
(7) An increase that results from the
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 one hundred eighty (180)
days.
(8) Subsection (b)(1) shall
not apply for determining creditable increases and decreases.
(jj) "Plant-wide applicability
limitation " or "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 this rule. For
purposes of this rule, a PAL is an actuals PAL.
(kk) "Pollution prevention " means the
following:
(1) Any activity that eliminates or
reduces the release of air pollutants, including fugitive emissions , and other
pollutants to the environment prior to recycling, treatment, or disposal,
through:
(A) process changes;
(B) product reformulation or redesign;
or
(C) substitution of less
polluting raw materials.
(2) The term does not include:
(A) recycling, except certain in-process
recycling practices;
(B) energy
recovery;
(C) treatment;
or
(D) disposal.
(ll) "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 on the
type or amount of material combusted, stored, or processed, shall be treated as
part of its design if the limitation or the effect it would have on emissions
is enforceable as a practical matter. Secondary emissions do not count in
determining the potential to emit of a stationary source.
(mm) "Predictive emissions monitoring system "
or "PEMS" means all of the equipment necessary to, on a continuous basis:
(1) monitor:
(A) process and control device operational
parameters; and
(B) other
information, such as gas flow rate, O2 or
CO2 concentrations; and
(2) calculate and record the mass emissions
rate, such as pounds per hour.
(nn) "Prevention of significant deterioration
program " or "PSD program" means a major source preconstruction permit program
that has been approved by the U.S. EPA and incorporated into the SIP to
implement the requirements of 40 CFR Part 51.166 or the program in 40 CFR Part
52.21. Any permit issued under the program is a major NSR permit.
(oo) "Project " means a physical change in, or
change in the method of operation of, an existing major stationary
source.
(pp) "Projected actual
emissions " means the following:
(1) The
maximum annual rate, in tons per year, at which an existing emissions unit is
projected to emit a regulated NSR pollutant in any consecutive twelve (12)
month period of the five (5) years following the date the unit resumes regular
operation after the project, or in any consecutive twelve (12) month period of
the ten (10) years following the date the unit resumes regular operation , 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.
(2) In determining the projected actual
emissions under this subsection, before beginning actual construction, the
owner or operator of the major stationary source:
(A) shall:
(i) consider all relevant information,
including, but not limited to:
(AA) historical
operational data;
(BB) the
company's own representations;
(CC)
the company's expected business activity and the company's highest projections
of business activity;
(DD) the
company's filings with the state or federal regulatory authorities;
and
(EE) compliance plans under the
approved SIP;
(ii)
include fugitive emissions to the extent quantifiable and emissions associated
with start-ups, shutdowns, and malfunctions to the extent they are affected by
the project; and
(iii) exclude, in
calculating any increase in emissions that result from the particular project ,
that portion of the unit's emissions following the project that an existing
unit could have accommodated during the consecutive twenty-four (24) month
period used to establish the baseline actual emissions under subsection (e) and
that are also unrelated to the particular project, including any increased
utilization due to product demand growth; or
(B) in lieu of using the method set out in
clause (A), may elect to use the emissions unit 's potential to emit , in tons
per year, as defined under subsection (ll).
(qq) "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:
(1) has not been in
operation for the two (2) year period prior to the enactment of the CAA
Amendments of 1990, and the emissions from the unit continue to be carried in
the department's emissions inventory at the time of enactment;
(2) was equipped prior to shutdown with a
continuous system of emissions control that achieves a removal efficiency for
sulfur dioxide of not less than eighty-five percent (85%) and a removal
efficiency for particulates of not less than ninety-eight percent
(98%);
(3) is equipped with
low-NOx burners prior to the time of commencement of
operations following reactivation; and
(4) is otherwise in compliance with the
requirements of the CAA.
(rr) "Reasonably available control
technology " or "RACT" means devices, systems, process modifications, or other
apparatus or techniques that are reasonably available taking into account:
(1) the necessity of imposing the controls in
order to attain and maintain a national ambient air quality standard;
(2) the social, environmental, and economic
impact of the controls; and
(3)
alternative means of providing for attainment and maintenance of the
standard.
(ss)
"Regulated NSR pollutant " means the following:
(1) Any pollutant for which a national
ambient air quality standard has been promulgated and any pollutant identified
as a constituent or precursor to the pollutant. For purposes of NSR, in all
attainment and unclassifiable areas:
(A) VOC
and nitrogen oxides are precursors to ozone;
(B) sulfur dioxide and nitrogen oxides are
precursors to PM2.5; and
(C) VOC and ammonia are not precursors to
PM2.5.
(2) Any pollutant that is subject to any
standard promulgated under Section 111 of the CAA.
(3) Any Class I or II substance subject to a
standard promulgated under or established by Title VI of the CAA.
(4) Any pollutant that otherwise is subject
to regulation under the CAA as defined in subsection (zz).
(5) Notwithstanding subdivisions (1) through
(4), any or all HAPs either listed in Section 112 of the CAA or added to the
list pursuant to Section 112(b)(2) of the CAA, which have not been delisted
pursuant to Section 112(b)(3) of the CAA, are not regulated NSR pollutants
unless the listed HAP is also regulated as a constituent or precursor of a
general pollutant listed under Section 108 of the CAA.
(6) Notwithstanding subdivision (5), any
pollutant listed in subsection (ww)(1)(A) through (ww)(1)(V).
(tt) "Replacement unit " means an
emissions unit for which all the criteria listed in subdivisions (1) through
(4) are met. No creditable emission reductions shall be generated from shutting
down the existing emission unit that is replaced. The following applies:
(1) The emissions unit is a reconstructed
unit within the meaning of 40 CFR 60.15(b)(1) *, or the emissions unit
completely takes the place of an existing emissions unit .
(2) The emissions unit is identical to or
functionally equivalent to the replaced emissions unit .
(3) The replacement does not alter the basic
design parameters, as discussed in 40 CFR 51.165(h)(2), of the process
unit.
(4) 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 .
(uu) "Repowering " means
replacement of an existing coal-fired boiler with one (1) of the following
clean coal technologies:
(1) Atmospheric or
pressurized fluidized bed combustion.
(2) Integrated gasification combined
cycle.
(3)
Magnetohydrodynamics.
(4) Direct
and indirect coal-fired turbines.
(5) Integrated gasification fuel
cells.
(6) As determined by the
U.S. EPA, in consultation with the Secretary of Energy, a derivative of one (1)
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.
The term shall also include any oil or gas-fired unit, or
both, that has been awarded
(vv) "Secondary emissions " means emissions
that would 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. The term includes emissions
from any off-site support facility that would not be constructed or increase
its emissions except as a result of the construction or operation of the major
stationary source or major modification. For the purpose of this rule,
secondary emissions must be specific, well-defined, quantifiable, and impact
the same general area as the source or modification that causes the secondary
emissions. The term does not include any emissions that come directly from a
mobile source, such as emissions from:
(1)
the tailpipe of a motor vehicle;
(2) a train; or
(3) a vessel.
(ww) "Significant " means the following:
(1) In reference to a net emissions increase
or the potential of the source to emit any of the following pollutants, a rate
of emissions that would equal or exceed any of the following rates:
(A) Carbon monoxide: one hundred (100) tons
per year.
(B) Nitrogen oxides:
forty (40) tons per year.
(C)
Sulfur dioxide: forty (40) tons per year.
(D) PM: twenty-five (25) tons per
year.
(E)
PM10: fifteen (15) tons per year.
(F) PM2.5: ten (10)
tons per year direct PM2.5; forty (40) tons per year of
sulfur dioxide; forty (40) tons per year of nitrogen oxides.
(G) Ozone: forty (40) tons per year of VOC or
nitrogen oxides.
(H) Lead:
six-tenths (0.6) ton per year.
(I)
Asbestos: seven one-thousandths (0.007) ton per year.
(J) Beryllium: four ten-thousandths (0.0004)
ton per year.
(K) Mercury:
one-tenth (0.1) ton per year.
(L)
Vinyl chloride: one (1) ton per year.
(M) Fluorides: three (3) tons per
year.
(N) Sulfuric acid mist: seven
(7) tons per year.
(O) Hydrogen
sulfide (H2S): ten (10) tons per year.
(P) Total reduced sulfur (including
H2S): ten (10) tons per year.
(Q) Reduced sulfur compounds (including
H2S): ten (10) tons per year.
(R) Municipal waste combustor organics
(measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and
dibenzofurans): thirty-five ten-millionths (0.0000035) or 3.5 ×
10-6 ton per year.
(S) Municipal waste combustor metals
(measured as PM): fifteen (15) tons per year.
(T) Municipal waste combustor acid gases
(measured as sulfur dioxide and hydrogen chloride): forty (40) tons per
year.
(U) Municipal solid waste
landfills emissions (measured as nonmethane organic compounds): fifty (50) tons
per year.
(V) Ozone-depleting
substances (ODS): one hundred (100) tons per year.
(W) Pollutant greenhouse gases (GHGs): as
specified in subsection (zz).
(X)
Any regulated NSR pollutant other than the pollutants listed in this
subsection: any emission rate.
(2) Any emissions rate or any net emissions
increase associated with a major stationary source or major modification that:
(A) would be constructed within ten (10)
kilometers of a Class I area; and
(B) has an impact on the area equal to or
greater than one (1) microgram per cubic meter (24-hour average).
(xx) "Significant
emissions increase" means, for a regulated NSR pollutant , an increase in
emissions that is significant, as defined in subsection (ww), for that
pollutant.
(yy) "Stationary source "
means any building, structure, facility, or installation that emits or may emit
a regulated NSR pollutant . A stationary source does not include emissions
resulting from an internal combustion engine used for transportation purposes
or from a nonroad engine or nonroad vehicle.
(zz) "Subject to regulation " means, for any
air pollutant, that the pollutant is subject to either a provision in the CAA,
or a nationally applicable regulation codified by the U.S. EPA in 40 CFR,
Chapter I, Subchapter C, that requires actual control of the quantity of
emissions of that pollutant, and that the control requirement has taken effect
and is operative to control, limit, or restrict the quantity of emissions of
that pollutant released from that regulated activity, except as follows:
(1) Greenhouse gases (GHGs), the air
pollutant defined in 40 CFR 86.1818-12(a) *, as the aggregate group of six (6)
greenhouse gases shall not be subject to regulation except as provided in
subdivisions (4) and (5). Pollutant GHGs includes the following:
(A) Carbon dioxide.
(B) Nitrous oxide.
(C) Methane.
(D) Hydrofluorocarbons.
(E) Perfluorocarbons.
(F) Sulfur hexafluoride.
(2) For purposes of subdivisions (3) through
(5), "tons per year (tpy) CO2 equivalent emissions
(CO2e)" shall represent an amount of GHGs emitted and
shall be calculated as follows:
(A) Multiply
the mass amount of emissions in tpy for each of the six (6) greenhouse gases in
the pollutant GHGs by the gas's associated global warming potential published
in 40 CFR 98, Subpart A, Table A-1 (Global Warming Potentials)*, as amended by
78 FR 71948 (November 29, 2013).
(B) Sum the resultant value from clause (A)
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 nonfossilized and
biodegradable organic material originating from plants, animals, or
microorganisms (including products, by products, residues, and waste from
agriculture, forestry, and related industries as well as the nonfossilized and
biodegradable organic fractions of industrial and municipal wastes, including
gases and liquids recovered from the decomposition of nonfossilized and
biodegradable organic material).
(3) "Emissions increase ", as used in
subdivisions (4) and (5), means that both a significant emissions increase as
calculated using the procedures in 40 CFR 51.166(a)(7)(iv) * and a significant
net emissions increase as defined in subsections (ii) and (ww) 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 seventy-five
thousand (75,000) tpy CO2e instead of applying the value
in subsection (ww)(1)(W).
(4)
Beginning January 2, 2011, 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 will emit
or will have the potential to emit seventy-five thousand (75,000) tpy
CO2e or more; or
(B) an existing major stationary source for a
regulated NSR pollutant that is not GHGs and will have an emissions increase of
a regulated NSR pollutant, and an emissions increase of seventy-five thousand
(75,000) tpy CO2e or more.
(5) Beginning July 1, 2011, in addition to
the provisions in subdivision (4), the pollutant GHGs shall be subject to
regulation at:
(A) a new stationary source
that will emit or will have the potential to emit one hundred thousand
(100,000) tpy CO2e or more; or
(B) an existing stationary source that emits
or has the potential to emit one hundred thousand (100,000) tpy
CO2e or more, when such stationary source undertakes a
physical change or change in the method of operation that will result in an
emissions increase of seventy-five thousand (75,000) tpy
CO2e or more.
(aaa) "Temporary clean coal technology
demonstration project" means a clean coal technology demonstration project
that:
(1) is operated for a period of five
(5) years or less; and
(2) complies
with the SIP and other requirements necessary to attain and maintain the
national ambient air quality standards during the project and after the project
is terminated.
*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
**These documents are incorporated by reference. Copies may be obtained through the U.S. Census Bureau website at: www.census.gov/eos/www/naics or are available for review and copying at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.