Mich. Admin. Code R. 336.2801 - Definitions
Rule 1801. The following definitions apply to terms used in
this part. If a term defined in this part is also defined elsewhere in the
rules, then the definition
(a) "Actual emissions " means the actual rate
of emissions of a regulated new source review pollutant from an emissions unit ,
as determined under
R
336.1101(b), except that this
definition shall not apply for calculating whether a significant emissions
increase has occurred, or for establishing a plant wide applicability limit
under
R 336.2823. Instead, the terms
"projected actual emissions " and "baseline actual emissions " shall apply for
those purposes.
(b) "Baseline
actual emissions " means the rate of emissions, in tons per year, of a regulated
new source review pollutant , as determined by the following:
(i) For any existing electric utility steam
generating unit , baseline actual emissions means the average rate, in tons per
year, at which the unit actually emitted the pollutant during any consecutive
24-month period selected by the owner or operator within the 5-year period
immediately preceding when the owner or operator begins actual construction of
the project . The department shall allow the use of a different time period upon
a determination that it is more representative of normal source operation. All
of the following provisions apply:
(A) The
average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
(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 24-month period.
(C) For a regulated new source review
pollutant , if a project involves multiple emissions units, then only 1
consecutive 24-month period shall be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period may be used for each regulated new source review
pollutant .
(D) The average rate
shall not be based on any consecutive 24-month period for which there is
inadequate information for determining annual emissions, in tons per year, and
for adjusting this amount if required by paragraph (i)(B) of this
subdivision.
(ii) For an
existing emissions unit , other than an electric utility steam generating unit ,
baseline actual emissions means the average rate, in tons per year, at which
the emissions unit actually emitted the pollutant during any consecutive
24-month period selected by the owner or operator within the 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
R
336.1201, whichever is earlier, except that the
10-year period shall not include any period earlier than November 15, 1990. All
of the following provisions apply:
(A) The
average rate shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions.
(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 24-month period.
(C) The average rate shall be adjusted
downward to exclude emissions that would have exceeded an emission limitation
with which the major stationary source must currently comply, had such major
stationary source been required to comply with such limitations during the
consecutive 24-month period. However, if an emission limitation is part of a
maximum achievable control technology standard that the United States
environmental protection agency proposed or promulgated under 40 C.F.R. part
63, adopted by reference in
R
336.1902, then the baseline actual emissions need only
be adjusted if the state has taken credit for such emissions reductions in an
attainment demonstration or maintenance plan submitted to the U.S.
environmental protection agency.
(D) For a regulated new source review
pollutant , if a project involves multiple emissions units, then only 1
consecutive 24-month period shall be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period may be used for each regulated new source review
pollutant .
(E) The average rate
shall not be based on any consecutive 24-month period for which there is
inadequate information for determining annual emissions, in tons per year, and
for adjusting this amount if required by subparagraphs (B) and (C) of this
paragraph.
(iii) 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 such unit shall equal zero; and thereafter, for all other
purposes, shall equal the unit 's potential to emit .
(iv) For a plant wide applicability limit for
a stationary source , the baseline actual emissions shall be calculated for
existing electric utility steam generating units under paragraph (i) of this
subdivision, for other existing emissions units under paragraph (ii) of this
subdivision, and for a new emissions unit under paragraph (iii) of this
subdivision.
(c)
"Baseline area " means all of the following:
(i) Any intrastate area, and every part
thereof, designated as attainment or unclassifiable under section 107(d) of the
clean air act in which the major source or major modification establishing the
minor source baseline date would construct or would have an annual average air
quality impact equal to or greater than 1 microgram per cubic meter for sulfur
dioxide, oxides of nitrogen, or PM-10 , or 0.3 microgram per cubic meter for PM
2.5 of the pollutant for which the minor source baseline date is
established.
(ii) Area
redesignations under section 107(d) of the clean air act shall not intersect or
be smaller than the area of impact of any major stationary source or major
modification which does either of the following:
(A) Establishes a minor source baseline
date .
(B) Is subject to PSD
regulations or new source review for major sources in nonattainment areas
regulations.
(iii) Any
baseline area established originally for the total suspended particulates
increments shall remain in effect and shall apply for purposes of determining
the amount of available PM-10 increments, except that the baseline area shall
not remain in effect if the department rescinds the corresponding minor source
baseline date under subdivision (bb)(iv) of this rule.
(d) "Baseline concentration " means the value
derived using the following procedures:
(i)
The 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 both of the following:
(A) The actual emissions representative of
sources in existence on the applicable minor source baseline date .
(B) 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 .
(ii) The following
shall not be included in the baseline concentration and shall affect the
applicable maximum allowable increase:
(A)
Actual emissions from any major stationary source on which construction
commenced after the major source baseline date .
(B) Actual emissions increases and decreases
at any stationary source occurring after the minor source baseline
date .
(e)
"Begin actual construction " means, in general, initiation of physical on-site
construction activities on an emissions unit which are of a permanent nature.
Such activities include, but are not limited to, installation of building
supports and foundations, laying of underground pipework, and construction of
permanent storage structures. "A change in method of operation " refers to those
on-site activities, other than preparatory activities, which mark the
initiation of the change.
(f) "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 new source review pollutant , which would be
emitted from any proposed major stationary source or major modification which
the department -- on a case-by-case basis, taking into account energy,
environmental, and economic impacts and other costs -- determines is achievable
for such source or modification through application of production processes or
available methods, systems, and techniques, including fuel cleaning or
treatment or innovative fuel combination techniques for control of the
pollutant . Application of best available control technology shall not result in
emissions of any pollutant which would exceed the emissions allowed by any
applicable standard under 40 C.F.R. parts 60 and 61, adopted by reference in
R
336.1902. If the department 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 infeasible, then a design, equipment, work practice,
operational standard , or combination thereof, may be prescribed instead to
satisfy the requirement for the application of best available control
technology . 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 which achieve
equivalent results.
(g) "Building,
structure, facility , or installation" means all of the pollutant -emitting
activities which belong to the same industrial grouping, are located on 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 are part of the same industrial grouping if they
have the same 2-digit major group code associated with their primary activity.
Major group codes and primary activities are described in the standard
industrial classification manual, 2017.
(h) "Clean coal technology " means any
technology, including technologies applied at the pre-combustion, combustion,
or post-combustion stage, at a new or existing facility which 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 which was not in widespread use as of November 15,
1990.
(i) "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 $2,500,000,000 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 .
(j) [Reserved]
(k) "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 has done
either of the following:
(i) Begun, or caused
to begin, a continuous program of actual on-site construction of the source , to
be completed within a reasonable time.
(ii) 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.
(l) "Complete " means, in reference
to an application for a permit , that the application contains all 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 additional information.
(m) "Construction " means 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 emissions.
(n) "Continuous emissions monitoring system "
or "CEMS " means all of the equipment that may be required to meet the data
acquisition and availability requirements of these rules, to sample, condition
if applicable, analyze, and provide a record of emissions on a continuous
basis.
(o) "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.
(p)
"Continuous parameter monitoring system " or "CPMS " means all of the equipment
necessary to meet the data acquisition and availability requirements of these
rules, to monitor process and control device operational parameters (for
example, control device secondary voltages and electric currents) and other
information (for example, gas flow rate, oxygen or carbon dioxide
concentrations), and to record average operational parameter value or values on
a continuous basis.
(q) "Electric
utility steam generating unit " means any steam electric generating unit that is
constructed for supplying more than 1/3 of its potential electric output
capacity and more than 25 megawatt electrical output to any utility power
distribution system for sale. Steam supplied to a steam distribution system for
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 .
(r) "Emissions unit " means any part of a
stationary source that emits or would have the potential to emit any regulated
new source review pollutant and includes an electric utility steam generating
unit . Both of the following are types of emissions units:
(i) A new emissions unit is any emissions
unit that is, or will be, newly constructed and that has existed for less than
2 years from the date the emissions unit first operated.
(ii) An existing emissions unit is any
emissions unit that does not meet the definition of a new emissions unit . A
replacement unit is an existing emissions unit and no creditable emission
reductions shall be generated from shutting down the existing emissions unit
that is replaced. A replacement unit shall meet all of the following criteria:
(A) The emissions unit is a reconstructed
unit if the replacement of components of an existing facility is to such an
extent that the fixed capital cost of the new components exceeds 50% of the
fixed capital cost that would be required to construct a comparable entirely
new facility or the emissions unit completely takes the place of an existing
emissions unit .
(B) The emissions
unit is identical to or functionally equivalent to the replaced emissions
unit .
(C) The replacement does not
alter the basic design parameters of the process unit.
(D) 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 .
(s) "Federal land manager " means,
with respect to any lands in the United States , the secretary of the department
with authority over such lands.
(t)
"High terrain " means an area having an elevation 900 feet or more above the
base of the stack of a source .
(u)
"Hydrocarbon combustion flare " means either a flare used to comply with an
applicable new source performance standard or maximum achievable control
technology standard , including uses of flares during startup, shutdown , or
malfunction permitted under such a standard , or a flare that serves to control
emissions of waste streams comprised predominately of hydrocarbons and
containing not more than 230 milligrams per dry standard cubic meter hydrogen
sulfide.
(v) "Indian reservation "
means any federally recognized reservation established by treaty, agreement ,
executive order, or act of congress.
(w) "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.
(x) "Innovative control technology " means any
system of air pollution control that has not been adequately demonstrated in
practice, but may 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
non-air quality environmental impacts.
(y) "Low terrain " means any area other than
high terrain .
(z) "Lowest
achievable emission rate " or "LAER ," for any source , means the more stringent
rate of emissions based on
R
336.2901(s).
(aa) "Major modification " means any of the
following:
(i) Physical change in or change in
the method of operation of a major stationary source that would result in both
of the following:
(A) A significant emissions
increase of a regulated new source review pollutant .
(B) A significant net emissions increase of
that pollutant from the major stationary source .
(ii) A significant emissions increase from
any emissions units or net emissions increase at a major stationary source that
is significant for volatile organic compounds or oxides of nitrogen shall be
considered significant for ozone.
(iii) Physical change or change in the method
of operation shall not include any of the following:
(A) Routine maintenance, repair , and
replacement.
(B) Use of an
alternative fuel or raw material by reason of any order under section 2(a) and
(b) of the Energy Supply and Environmental Coordination Act of 1974 or by
reason of a natural gas curtailment plan under the Federal Power Act .
(C) Use of an alternative fuel by reason of
an order or rule under section 125 of the clean air act .
(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 stationary source which meets either of the
following:
(1) The source was capable of
accommodating before January 6, 1975, unless such change would be prohibited
under any federally enforceable permit condition which was established after
January 6, 1975, under PSD regulations or
R
336.1201(1)(a).
(2) The source is approved to use under any
permit issued under PSD regulations or under
R
336.1201(1)(a).
(F) An increase in the hours of operation or
in the production rate, unless the change would be prohibited under any
federally enforceable permit condition which was established after January 6,
1975, under PSD regulations or
R
336.1201(1)(a).
(G) Any change in ownership at a stationary
source .
(H) [Reserved]
(I) The installation, operation, cessation,
or removal of a temporary clean coal technology demonstration project , provided
that the project complies with both of the following:
(1) The state implementation plan.
(2) Other requirements necessary to attain
and maintain the national ambient air quality standards during the project and
after the project is terminated.
(J) 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.
(K) The reactivation of a very clean
coal-fired electric utility steam generating unit .
(iv) This definition shall not apply with
respect to a particular regulated new source review pollutant when the major
stationary source is complying with the requirements for an actuals PAL for
that pollutant . Instead, the definition of PAL major modification in
R 336.2823 shall apply.
(bb) All of the following apply to
major and minor source baseline dates:
(i)
"Major source baseline date " means all of the following:
(A) January 6, 1975, for particulate matter
and sulfur dioxide.
(B) February 8,
1988, for nitrogen dioxide.
(C)
October 20, 2010 for PM 2.5
(ii) "Minor source baseline date " means the
earliest date after the trigger date on which a major stationary source or a
major modification subject to PSD regulations submits a complete application
under the relevant regulations. The trigger date is all of the following:
(A) August 7, 1977, for particulate matter
and sulfur dioxide.
(B) February 8,
1988, for nitrogen dioxide.
(C)
October 20, 2011 for PM 2.5
(iii) The baseline date is established for
each pollutant for which increments or other equivalent measures have been
established if both of the following occur:
(A) The area in which the proposed source or
modification would construct is designated as attainment or unclassifiable
under section 107(d) of the clean air act for the pollutant on the date of its
complete application under
R
336.1201 and PSD regulations.
(B) If a major stationary source , the
pollutant would be emitted in significant amounts, or, if a major modification ,
there would be a significant net emissions increase of the pollutant .
(iv) Any minor source baseline
date established originally for the total suspended particulates increments
shall remain in effect and shall apply for determining the amount of available
PM-10 increments, except that the department may rescind any minor source
baseline date where it can be shown, to the satisfaction of the department ,
that the emissions increase from the major stationary source , or the net
emissions increase from the major modification , responsible for triggering that
date did not result in a significant amount of PM-10 emissions.
(cc) "Major stationary source "
means any of the following:
(i) Any of the
following stationary sources of air pollutants which emit, or has the potential
to emit , 100 tons per year or more of a regulated new source review pollutant :
(A) Fossil fuel-fired steam electric plants
of more than 250 million British thermal units per hour heat input.
(B) Coal cleaning plants with thermal
dryers.
(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 250 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. The term chemical process plant shall not include ethanol
production facilities that produce ethanol by natural fermentation included in
North American Industrial Classification System codes 325193 or
312140.
(V) Fossil fuel boilers, or
combinations thereof, totaling more than 250 million British thermal units per
hour heat input.
(W) Petroleum
storage and transfer units with a total storage capacity exceeding 300,000
barrels.
(X) Taconite ore
processing plants.
(Y) Glass fiber
processing plants.
(Z) Charcoal
production plants.
(ii)
Any stationary source not listed in the previous subdivision which emits, or
has the potential to emit , 250 tons per year or more of a regulated new source
review pollutant .
(iii) Any
physical change that would occur at a stationary source not otherwise
qualifying under subdivision (cc) of this subrule, as a major stationary source
if the change would constitute a major stationary source by itself.
(iv) A major source that is major for
volatile organic compounds or oxides of nitrogen shall be considered major for
ozone.
(v) The fugitive emissions
of a stationary source shall not be included in determining, for any of the
purposes of this rule, whether it is a major stationary source , unless the
source belongs to 1 of the categories of stationary sources listed is paragraph
(i) of this subdivision.
(dd) "Necessary preconstruction approvals or
permits " means a permit issued under
R
336.1201(1)(a) that is required by R
336.2801 to
R
336.2819.
(ee) "Net emissions increase " means all of
the following:
(i) For any regulated new
source review pollutant emitted by a major stationary source , the amount by
which the sum of the following exceeds zero:
(A) The increase in emissions from a
particular physical change or change in the method of operation at a stationary
source as calculated under
R
336.2802(4).
(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 paragraph shall be
determined as provided in the definition of baseline actual emissions , except
that paragraphs (b)(i)(C) and (b)(ii)(D) of this rule shall not
apply.
(ii) 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 5 years before construction on
the particular change commences.
(B) The date that the increase from the
particular change occurs.
(iii) An increase or decrease in actual
emissions is creditable only if the department has not relied on it in issuing
a permit under
R
336.1201(1)(a) or
R 336.1214a, which permit is in
effect when the increase in actual emissions from the particular change
occurs.
(iv) An increase or
decrease in actual emissions of sulfur dioxide, particulate matter , or oxides
of nitrogen that occurs before the applicable minor source baseline date is
creditable only if it is required in calculating the amount of maximum
allowable increases remaining available.
(v) An increase in actual emissions is
creditable only to the extent that the new level of actual emissions exceeds
the old level.
(vi) A decrease in
actual emissions is creditable only to the extent that it meets all of the
following criteria:
(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.
(C) It has approximately
the same qualitative significance for public health and welfare as that
attributed to the increase from the particular change.
(vii) 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 . A replacement unit that requires shakedown becomes operational only
after a reasonable shakedown period, not to exceed 180 days.
(viii) The definition of actual emissions in
R
336.1101(b) shall not apply for
determining creditable increases and decreases after a change, instead the
definitions of the terms "projected actual emissions " and "baseline emissions"
shall be used.
(ff)
[Reserved]
(gg) "Pollution
prevention " means any activity that through process changes, product
reformulation or redesign, or substitution of less polluting raw materials,
eliminates or reduces the release of air pollutants, including fugitive
emissions , and other pollutants to the environment before recycling, treatment ,
or disposal . Pollution prevention does not mean recycling, other than certain
"in-process recycling" practices, energy recovery, treatment , or
disposal .
(hh) "Potential to emit "
means the maximum capacity of a stationary source to emit a pollutant under its
physical and operational design. A 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 legally
enforceable and enforceable as a practical matter by the state , local air
pollution control agency, or United States environmental protection agency.
Secondary emissions do not count in determining the potential to emit of a
stationary source .
(ii) "Predictive
emissions monitoring system " or "PEMS " means all of the equipment necessary to
monitor process and control device operational parameters (for example, control
device secondary voltages and electric currents) and other information (for
example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate
and record the mass emissions rate (for example, pounds per hour) on a
continuous basis.
(jj) "Prevention
of significant deterioration " or "PSD " program means the major source
preconstruction permit program required by
40 C.F.R.
§
52.21, adopted by reference in
R
336.1902. A permit issued under this program is a
major NSR permit .
(kk) "Project "
means a physical change in, or change in method of operation of, an existing
major stationary source .
(ll)
"Projected actual emissions " means all of the following:
(i) The maximum annual rate, in tons per
year, at which an existing emissions unit is projected to emit a regulated new
source review pollutant in any 1 of the 5 years (12-month period) following the
date the unit resumes regular operation after the project , or in any 1 of the
10 years following that date, if the project involves increasing the emissions
unit 's design capacity or its potential to emit that regulated new source
review 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 .
(ii) In
determining the projected actual emissions , before beginning actual
construction , the owner or operator of the major stationary source shall do all
of the following:
(A) 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 state implementation plan.
(B)
Include fugitive emissions to the extent quantifiable and emissions associated
with startups, shutdowns, and malfunctions.
(C) Exclude, in calculating any increase in
emissions that results from the particular project , that portion of the unit 's
emissions following the project that an existing unit 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.
(iii) The owner or operator of a major
stationary source may use the emissions unit 's potential to emit , in tons per
year, instead of calculating projected actual emissions .
(mm) "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 meets all of the following criteria:
(i) The unit was not in operation for the
2-year period before the enactment of the clean air act amendments of 1990, and
the emissions from the unit continue to be carried in the departments emissions
inventory at the time of enactment.
(ii) The unit was equipped before shutdown
with a continuous system of emissions control that achieves a removal
efficiency for sulfur dioxide of not less than 85% and a removal efficiency for
particulates of not less than 98%.
(iii) The unit was equipped with low-oxides
of nitrogen burners before the time of commencement of operations following
reactivation.
(iv) The unit
otherwise complies with the requirements of the clean air act .
(nn) "Regulated new source review
pollutant ," for purposes of this rule, means all of the following:
(i) A pollutant for which a national ambient
air quality standard has been promulgated and any constituents or precursors
for the pollutants identified by the United States environmental protection
agency. For example, volatile organic compounds and oxides of nitrogen are
precursors for ozone, and oxides of nitrogen and sulfur dioxide are precursors
for PM 2.5 .
(ii) A pollutant that
is subject to any standard promulgated under section 111 of the clean air
act .
(iii) A class I or II
substance subject to a standard promulgated under or established by title VI of
the clean air act .
(iv) A pollutant
that otherwise is subject to regulation under the clean air act ; except that
any or all hazardous air pollutants either listed in section 112 of the clean
air act or added to the list under section 112(b)(2) of the clean air act ,
which have not been delisted under section 112(b)(3) of the clean air act , 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 section 108 of the clean air act .
(oo) "Repowering " means all of the following:
(i) Replacement of an existing coal-fired
boiler with 1 of the following clean coal technologies:
(A) Atmospheric or pressurized fluidized bed
combustion.
(B) Integrated
gasification combined cycle.
(C)
Magneto hydrodynamics.
(D) Direct
and indirect coal-fired turbines.
(E) Integrated gasification fuel
cells.
(F) A derivative of 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,
as determined by the United States environmental protection agency, in
consultation with the Secretary of Energy.
(ii) Repowering shall also include any oil
and/or gas-fired unit which has been awarded clean coal technology
demonstration funding as of January 1, 1991, by the United States Department of
Energy.
(iii) The department shall
give expedited consideration to permit applications for any source that
satisfies the definition of repowering and is granted an extension under
section 409 of the clean air act .
(pp) "Secondary emissions " means emissions
which 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. For this rule, secondary emissions shall be
specific, well defined, quantifiable, and impact the same general areas the
stationary source modification which causes the secondary emissions . Secondary
emissions include emissions from any offsite support facility which 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 . Secondary
emissions do not include any emissions which come directly from a mobile
source , such as emissions from the tailpipe of a motor vehicle , from a train,
or from a vessel .
(qq)
"Significant " means:
(i) In reference to a
net emissions increase or the potential of a source to emit any of the
following pollutants, a rate of emissions that would equal or exceed any of the
following pollutant emission rates:
(A) Carbon
monoxide: 100 tons per year.
(B)
Oxides of nitrogen: 40 tons per year.
(C) Sulfur dioxide: 40 tons per
year.
(D) Particulate matter : 25
tons per year of particulate matter emissions.
(E) PM-10 : 15 tons per year of PM-10
emissions.
(F) PM 2.5 : 10 tons per
year of PM 2.5 emissions; 40 tons per year of sulfur dioxide emissions; 40 tons
per year of oxides of nitrogen emissions.
(G) Ozone: 40 tons per year of volatile
organic compounds or oxides of nitrogen.
(H) Lead: 0.6 tons per year.
(I) Fluorides: 3 tons per year.
(J) Sulfuric acid mist: 7 tons per
year.
(K) Hydrogen sulfide: 10 tons
per year.
(L) Total reduced sulfur,
including hydrogen sulfide: 10 tons per year.
(M) Reduced sulfur compounds, including
hydrogen sulfide: 10 tons per year.
(N) Municipal waste combustor organics,
measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and
dibenzofurans: 3.2 * 10-6 megagrams per year or 3.5 * 10-6 tons per
year.
(O) Municipal waste combustor
metals, measured as particulate matter : 14 megagrams per year or 15 tons per
year.
(P) Municipal waste combustor
acid gases, measured as sulfur dioxide and hydrogen chloride: 36 megagrams per
year or 40 tons per year.
(Q)
Municipal solid waste landfill emissions, measured as nonmethane organic
compounds: 45 megagrams per year or 50 tons per year.
(ii) In reference to a net emissions increase
or the potential of a source to emit a regulated new source review pollutant
not listed in this definition, any emissions rate.
(iii) Any emissions rate or any net emissions
increase associated with a major stationary source or major modification , which
would construct within 10 kilometers of a class I area, and have an impact on
such area equal to or greater than 1 microgram per cubic meter (24hour
average).
(rr)
"Significant emissions increase " means, for a regulated new source review
pollutant , an increase in emissions that is significant for that
pollutant .
(ss) "Stationary source "
means any building, structure, facility , or installation which emits or may
emit a regulated new source review pollutant .
(tt) "Temporary clean coal technology
demonstration project " means a clean coal technology demonstration project that
is operated for a period of 5 years or less, and which complies with the state
implementation plan and other requirements necessary to attain and maintain the
national ambient air quality standards during and after the project is
terminated.
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.