In this subchapter the following definitions apply:
(1) "
Actual emissions" means the actual rate of
emissions of a pollutant from an
emissions unit as determined in accordance with (1)
(a) through (c).
(a) 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 two-year period which precedes the
particular date and which is representative of normal source operation. The
department may determine that a different time 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.
(b) If the department is unable to determine
actual emissions consistent with (1) (a), the department may presume that the
source-specific allowable emissions for the unit are equivalent to the actual
emissions of the unit.
(c) For any
emissions unit which has not begun normal operations on the particular date, actual
emissions shall equal the potential to emit of the unit on that date.
(2) "
Allowable emissions" means the
emissions rate of a
stationary source calculated using the maximum rated capacity of
the
source (unless the
source is subject to
federally enforceable limits which
restrict the operating rate or hours of
operation, or both) and the most stringent
of the following:
(b) the applicable emissions limitation contained
in the Montana State Implementation Plan, including those with a future compliance
date; or
(c) the emissions rate
specified as a federally enforceable permit condition, including those with a future
compliance date.
(3) "Begin
actual construction" means, in general, initiation of physical on-site construction
activities of a permanent nature on an emissions unit. Such activities include, but
are not limited to, installation of building supports and foundations, laying of
underground pipework, and construction of permanent storage structures. With respect
to a change in method of operation, this term refers to those on-site activities
other than preparatory activities which mark the initiation of the change.
(4) "Building, structure, facility, or
installation" means all of the pollutant-emitting activities which belong to the
same industrial grouping, are located on one 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 (i.e., having the same two-digit code) as described in the Standard
Industrial Classification Manual, 1987.
(5) "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.
(6) "Construction" means any physical
change or change in the method of operation (including fabrication, erection,
installation, demolition, or modification of an emissions unit) which would result
in a change in actual emissions.
(7)
"Emissions unit" means any part of a stationary source which emits or would have the
potential to emit any pollutant subject to regulation under the FCAA.
(8) "
Federally enforceable" means all limitations
and conditions which are enforceable by the
administrator, including those
requirements developed pursuant to 40 CFR Parts
60 and
61, requirements within the
Montana State Implementation Plan, and any permit requirement established pursuant
to 40 CFR
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
Montana State Implementation Plan and
expressly requires adherence to any permit issued under such program.
(9) "Fugitive emissions" means those emissions
which could not reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening.
(10)
"
Lowest achievable emission rate" means, for any
source, the more stringent rate of
emissions based on the following:
(a) the most
stringent emissions limitation which is contained in the implementation plan of any
state for such class or category of stationary source, unless the owner or operator
of the proposed stationary source demonstrates that such limitations are not
achievable; or
(b) the most stringent
emissions limitation which is achieved in practice by such class or category of
stationary sources. This limitation, when applied to a modification, means the
lowest achievable emissions rate for the new or modified emissions units within a
stationary source. In no event shall the application of the term permit a proposed
new or modified
stationary source to emit any pollutant in excess of the amount
allowable under applicable new
source standards of performance under 40 CFR Parts
60
and
61.
(11) "
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 net emissions increase
of any pollutant subject to regulation under the
FCAA.
(a) Any net emissions increase that is considered
significant for volatile organic compounds is considered significant for
ozone.
(b) A physical change in, or
change in the method of,
operation does not include:
(i) routine maintenance, repair, and
replacement;
(ii) use of an alternative
fuel or raw material by reason of an order under (2)(a) and (2)(b) of the Energy
Supply and Environmental Coordination
Act of 1974,
15 USC
791, et seq. (1988), or by reason of a natural gas
curtailment plan pursuant to the Federal Power
Act,
16 USC
791 a, et seq. (1988 and Supp. III
1991);
(iii) use of an alternative fuel
by reason of an order or rule under section 125 of the FCAA;
(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 which:
(A) the
source was capable of accommodating before December 21, 1976, unless such change
would be prohibited under any
federally enforceable permit condition which was
established after December 12, 1976, pursuant to
40 CFR
52.21 or under regulations approved pursuant to 40
CFR Part
51, subpart I, or section 51.166; or
(B) the
source is approved to use under any permit
issued under regulations approved pursuant to
40 CFR
51.165;
(vi) an increase in the hours of
operation or in
the production rate, unless such change is prohibited under any
federally
enforceable air quality preconstruction permit condition which was established after
December 21, 1976 pursuant to 40
CFR
52.21 or under regulations approved pursuant
to 40 CFR Part
51, subpart I, or section 51.166;
(vii) any change in ownership at a stationary
source.
(12) The
following apply to the definition of the term "
major stationary source":
(a) "
major stationary source" means:
(i) any stationary source of air pollutants which
emits, or has the potential to emit, 100 tons per year or more of any pollutant
subject to regulation under the FCAA; or
(ii) any stationary source of air pollutants
located in a serious particulate matter (PM-10) nonattainment area which emits, or
has the potential to emit, 70 tons per year or more of PM-10; or
(iii) any physical change that would occur at a
stationary source not qualifying under (12)(a)(i) or (ii) as a major stationary
source, if the change would constitute a major stationary source by
itself.
(b) The
fugitive
emissions of a
stationary source will not be included in determining, for any of the
purposes of this subchapter, whether it is a
major stationary source, unless the
source belongs to one of the following categories of stationary sources:
(i) coal cleaning plants (with thermal dryers)
;
(ii) kraft pulp mills;
(iii) Portland cement plants;
(iv) primary zinc smelters;
(v) iron and steel mills;
(vi) primary aluminum ore reduction
plants;
(vii) primary copper
smelters;
(viii) municipal incinerators
capable of charging more than 250 tons of refuse per day;
(ix) hydrofluoric, sulfuric, or nitric acid
plants;
(x) petroleum
refineries;
(xi) lime plants;
(xii) phosphate rock processing plants;
(xiii) coke oven batteries;
(xiv) sulfur recovery plants;
(xv) carbon black plants (furnace process)
;
(xvi) primary lead smelters;
(xvii) fuel conversion plants;
(xviii) sintering plants;
(xix) secondary metal production plants;
(xx) chemical process plants;
(xxi) fossil-fuel boilers (or combination thereof)
totaling more than 250 million British thermal units per hour heat input;
(xxii) petroleum storage and transfer units with a
total storage capacity exceeding 300,000 barrels;
(xxiii) taconite ore processing plants;
(xxiv) glass fiber processing plants;
(xxv) charcoal production plants;
(xxvi) fossil fuel-fired steam electric plants of
more than 250 million British thermal units per hour heat input; and
(xxvii) any other stationary source category
which, as of August 7, 1980, is being regulated under sections 111 or 112 of the
FCAA.
(13)
"Necessary preconstruction approvals or permits" means those permits or approvals
required under federal air quality control laws and regulations and those air
quality control laws and regulations which are part of the Montana State
Implementation Plan.
(14) The following
apply to the definition of the term "
net emissions increase":
(a) "
net emissions increase" means the amount by
which the sum of the following exceeds zero:
(i)
any increase in actual emissions from a particular physical change or change in the
method of operation at a stationary source; and
(ii) any other increases and decreases in actual
emissions at the source that are contemporaneous with the particular change and are
otherwise creditable.
(b) An
increase or decrease in actual emissions is contemporaneous with the increase from
the particular change only if it occurs between the date five years before
construction on the particular change commenced, and the date that the increase from
the particular change occurs.
(c) An
increase or decrease in
actual emissions is creditable only if the
department has
not relied on it in issuing a permit for the
source under regulations approved
pursuant to 40 CFR
51.165, which permit is in effect when the
increase in
actual emissions from the particular change occurs.
(d) An increase in actual emissions is creditable
only to the extent that the new level of actual emissions exceeds the old
level.
(e) A decrease in
actual
emissions is creditable only to the extent that:
(i) the old level of actual emissions or the old
level of allowable emissions, whichever is lower, exceeds the new level of actual
emissions;
(ii) it is federally
enforceable at and after the time that actual construction on the particular change
begins;
(iii) the
department has not
relied on it in issuing any
Montana air quality permit under regulations approved
pursuant to 40 CFR Part
51, subpart I (July 1, 1993 ed.), or the state has not
relied on it in demonstrating attainment or
reasonable further progress;
and
(iv) it has approximately the same
qualitative significance for public health and welfare as that attributed to the
increase from the particular change.
(f) An increase that results from a physical
change at a source occurs when the emissions unit on which construction occurred
becomes operational and begins to emit a particular pollutant. Any replacement unit
that requires shakedown becomes operational only after a reasonable shakedown
period, not to exceed 180 days.
(15) "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 only if the limitation
or the effect it would have on emissions is federally enforceable. Secondary
emissions do not count in determining the potential to emit of a stationary
source.
(16) "
Precursor" means:
(a) volatile organic compounds and nitrogen oxides
in ozone nonattainment areas; and
(b)
sulfur dioxide (SO2) in PM-2.5 nonattainment areas.
(17) "Reasonable further progress"
means annual incremental reductions in emissions of the applicable air pollutant
which are required by the FCAA or the administrator for attainment of the applicable
national ambient air quality standard by the date required in section 172(a) of the
FCAA.
(18) "Secondary emissions" means
emissions which 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. For the purpose of this chapter, secondary
emissions must be specific, well defined, quantifiable, and impact the same general
area as the stationary source or 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.
(19) "
Significant" means, 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 rates:
|
Pollutant Emission Rate
|
Carbon monoxide:
|
100 tons per year (tpy)
|
Nitrogen oxides:
|
40 tpy
|
Sulfur dioxide
(SO2):
|
40 tpy
|
Particulate matter:
|
25 tpy of particulate matter emissions or
|
|
15 tpy of PM-10 emissions
|
PM-2.5
|
10 tpy of direct PM-2.5 emissions, 40 tpy of
|
|
sulfur dioxide (SO2) emissions, or
40 tpy of
|
|
nitrogen oxide emissions unless demonstrated
|
|
not to be a PM-2.5 precursor
|
Lead:
|
0.6 tpy
|
(20)
"Stationary source" means any building, structure, facility, or installation which
emits or may emit any air pollutant subject to regulation under the FCAA.
(21) "
Volatile organic compounds (VOC)" means the
same as defined in 40 CFR
51.100 (s).