Ohio Admin. Code 3745-31-01 - Definitions
[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (LLLLLL)
(A) Except as otherwise provided in
this rule, the definitions in rules
3745-15-01 and
3745-21-01 of the Administrative
Code shall apply to this chapter.
(A)
(B)(1) "Acid rain program"
means the program contained within Title IV of the Clean Air Act.
(C)(2)
"Actual emissions" means the actual rate of emissions of a regulated NSR
pollutant from an emissions unit, as determined under this paragraph, except
that this definition shall not apply for calculating whether a significant
emissions increase, as defined in this rule, has occurred, or for establishing
a PAL under rule
3745-31-33 of the Administrative
Code.
(1)(a) Actual emissions as
of a particular date shall equal the average rate, in tons per year, at which
the emissions unit actually emitted the pollutant during a consecutive
twenty-four-month period which precedes the particular date and which is
representative of normal emissions unit operation. The director shall allow the
use of a different time period upon a determination that
it
the time
period is more representative of normal emissions unit operation. Actual
emissions shall be calculated using the emissions unit's actual operating
hours, production rates and types of materials processed, stored or combusted
during the selected time period.
(2)(b) The director may
presume that emissions unit-specific allowable emissions for the emissions unit
are equivalent to the actual emissions of the emissions unit.
(3)(c)
For any emissions unit that has not begun normal operations on the particular
date, actual emissions shall equal the
potential to emit of the emissions unit on that date.
(D)(3)
"Actuals PAL" for a major stationary source means a PAL based on the baseline
actual emissions of all emissions units at the source that emit or have the
potential to emit the PAL pollutant.
(E)(4) "Adhesive" means
any substance that is used to bond one surface to another surface.
(F)(5)
"Administrative modification" means a change to a permit to install or a PTIO
that does not meet the definition of a modification under this rule.
(G)(6)
"Affected sources" shall have
has the meaning given to it in the regulations
promulgated under Title IV of the Clean Air Act.
(H)(7) "Air contaminant"
means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor
or odorous substances, or any combination thereof.
(I)(8) "Air contaminant
source," for the purpose of this chapter, means each separate operation, or
activity that results or may result in the emission of any of the following air
contaminants:
(1)(a) An air contaminant
or precursor of an air contaminant for which a national ambient air quality
standard has been adopted under the Clean Air Act.
(2)(b) An air contaminant
for which the source is regulated under the Clean Air Act.
(J)(9) "Air contaminant
source project" means the installation or modification of one or more air
contaminant sources (and any structures associated with such installations or
modifications), all of which results from a discrete production goal or
objective.
(K)(10) "Allowable
emissions" means the emission rate of an air contaminant source calculated
using the maximum rated capacity of the air contaminant source (unless the air
contaminant source is subject to limits that are federally enforceable or
legally and practically enforceable by the state that restrict the operating
rate or hours of operation, or both), and the most stringent of the following:
(2)(b) The applicable Ohio
state implementation plan emission limitation, including those with a future
compliance date.
(3)(c) The emission rate
by a permit condition that is federally enforceable or legally and practically
enforceable by the state, including those with a future compliance
date.
(L)(11) "Applicable laws"
means any applicable provisions of Chapters 3704. and 3745. of the Revised
Code; rules, regulations, and orders of the Ohio environmental protection
agency, the Clean Air Act; and rules and regulations of the administrator of
the United States environmental protection agency (including any Ohio rule,
law, or provision of the Ohio state implementation plan that has been approved
or promulgated by the United States environmental protection
agency.).
(M)(12) "Auto body
refinishing facility" means a facility engaged primarily in collision repair
and refinishing of automobiles and trucks. Automobile paint-only and
customizing facilities, which are engaged in repainting used motor vehicles and
trucks, but do not perform collision repair work, are also included in this
definition. Mobile auto body painting operations, which employ temporary spray
booths meeting the design criteria specified by paragraph (A)(4)(g) of rule
3745-31-03 of the Administrative
Code, are also included in this definition.
(N)(13) "Available
information" means, for purposes of identifying control technology options for
a major MACT source, information contained in the following information sources
as of the date of the MACT determination by the director:
(1)(a) A relevant proposed
regulation, including all supporting documentation.
(2)(b) Background
information documents for a draft or proposed regulation.
(3)(c)
Data and information available from the "Control Technology Center" developed
pursuant to Section 113 of the Clean Air Act.
(4)(d) Data and
information contained in the "Aerometric Informational Retrieval System"
including information in the MACT database.
(5)(e) Any additional
information that can be expeditiously provided by the administrator.
(6)(f)
Any additional information provided by the applicant or others, and any
additional information considered available by the director.
(B)
(O)(1) "Baseline actual
emissions" means the rate of emissions, in tons per year, of a regulated NSR
pollutant, as determined under this rule.
(1)(a) 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 twenty-four-month period selected by the owner
or operator within the five-year period immediately preceding when the owner or
operator begins actual construction of the NSR project. The director shall
allow the use of a different time period upon a determination that
it
the time
period is more representative of normal source operation.
(a)(i) The average rate
shall include fugitive emissions to the extent quantifiable, and emissions
associated with startups, shutdowns, and malfunctions.
(b)(ii)
The average rate shall be adjusted downward to exclude any non-compliant
emissions that occurred while the source was operating above any emission
limitation that was legally enforceable during the consecutive
twenty-four-month period.
(c)(iii) For a regulated
NSR pollutant, when a NSR project involves multiple emissions units, only one
consecutive twenty-four-month period must
shall be used to
determine the baseline actual emissions for the emissions units being changed.
A different consecutive twenty-four-month period can be used for each regulated
NSR pollutant.
(d)(iv) The average rate
shall not be based on any consecutive twenty-four-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
(O)(1)(b)
(B)(1)(b) of this rule.
(2)(b)
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
twenty-four-month period selected by the owner or operator within the ten-year
period immediately preceding either the date the owner or operator begins
actual construction of the NSR project, or the date a complete permit
application is received by the director for a permit required either under this
rule or under a plan approved by the administrator, whichever is earlier,
except that the ten-year period shall not include any period earlier than
November 15, 1990.
(a)(i) The average rate
shall include fugitive emissions to the extent quantifiable, and emissions
associated with startups, shutdowns, and malfunctions.
(b)(ii)
The average rate shall be adjusted downward to exclude any non-compliant
emissions that occurred while the source was operating above an emission
limitation that was legally enforceable during the consecutive
twenty-four-month period.
(c)(iii) 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
shall
currently comply, had such major stationary source been required to comply with
such limitations during the consecutive twenty-four-month period. However, if
an emission limitation is part of a MACT standard that the administrator
proposed or promulgated under 40 CFR Part 63, the baseline actual emissions
need only be adjusted if the state has taken credit for such emission
reductions in an attainment demonstration or maintenance plan consistent with
rule 3745-31-22 of the Administrative
Code.
(d)(iv) For a regulated
NSR pollutant, when a NSR project involves multiple emissions units, only one
consecutive twenty-four-month period must
shall be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
twenty-four-month period can be used for each regulated NSR
pollutant.
(e)(v) The average rate
shall not be based on any consecutive twenty-four-month period for which there
is inadequate information for determining annual emissions, in tons per year,
and for adjusting this amount if required by paragraphs
(O)(2)(b)
(B)(2)(b) and (O)(2)(c)
(B)(2)(c) of
this rule.
(3)(c) 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 if the operation of the new emissions unit has not yet
begun, or shall equal the unit's potential
to emit if operation of the new emissions unit has begun.
(4)(d)
For a PAL for a major stationary source, the baseline actual emissions shall be
calculated for existing electric utility steam generating units in accordance
with the procedures contained in paragraph (O)(1)
(B)(1) of this
rule, for other existing emissions units in accordance with the procedures
contained in paragraph (O)(2)
(B)(2) of this rule, and for a new emissions unit in
accordance with the procedures contained in paragraph
(O)(3)
(B)(3)
of this rule.
(P)(2) "Baseline area"
means 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
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, as follows: equal to or greater than
one microgram per cubic meter (annual average) for sulfur dioxide, nitrogen
dioxide or PM10; or equal to or greater than
0.3 microgram per cubic meter
for PM 2.5.
(1)(a)
Establishes a minor source baseline date.
(Q)(3)
"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)(a) The actual
emissions, as defined in this rule, representative of sources in existence on
the applicable minor source baseline date, except as provided in paragraph
(Q)(3)
(B)(3)(c) of this rule.
(2)(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.
(3)(c) The following will
not be included in the baseline concentration and will affect the applicable
maximum allowable increase:
(a)
(i) Actual emissions, as defined in this rule, from
any major stationary source on which construction commenced after the major
source baseline date.
(b)(ii) Actual emissions
increases and decreases, as defined in this rule, at any stationary source
occurring after the minor source baseline date.
(R)(4)
"Begin actual construction" means, in general, initiation of physical onsite
construction activities on an air contaminant source project that are of a
permanent nature. Activities that are considered to be included and excluded
from this definition are further identified in rule
3745-31-33 of the Administrative
Code.
(S)(5) "Best available
control technology" or "BACT" means an emission limitation (including a visible
emission standard) based on the maximum degree of reduction for each regulated
NSR pollutant which would be emitted from any proposed major stationary source
or major modification which the director, on a case-by-case basis, taking into
account energy, environmental and economic impacts and other costs, determines
is achievable for such major stationary source or major 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 such 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 Parts
60,
61, and
63. If the director determines
that technological or economic limitations on the application of measurement
methodology to a particular emissions unit would make the imposition of an
emission standard infeasible, a design, equipment, work practice, operational
standard, or combination thereof, may be approved by the director instead to
satisfy the requirement for the application of BACT. Such standard shall, to
the degree possible, set forth the emission reduction achievable by
implementation of such design, equipment, work practice or operation and
shall provide for compliance by means which
achieve equivalent results.
(T)(6) "Best available
technology" or "BAT" means any combination of work practices, raw material
specifications, throughput limitations, source design characteristics, an
evaluation of the annualized cost per ton of air pollutant removed, and air
pollution control devices that have been previously demonstrated to the
director of environmental protection to operate satisfactorily in this state or
other states with similar air quality on substantially similar air pollution
sources.
Any baseline area 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
such baseline area shall not remain in effect if the permit authority rescinds
the corresponding minor source baseline date in accordance with paragraph
(QQQ)(5)
Area redesignations under Section 107(d) of the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification that does either of the following:
(C)
(V)(3) "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 oxides of nitrogen associated with the utilization of coal in the
generation of electricity, or process steam, and that is not in widespread use
as of November 15, 1990.
(W)(4) "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 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 clean coal technology demonstration project shall be at least
twenty per cent of the total cost of the clean coal technology demonstration
project.
(X)(5) "Cleaning solution"
means liquid solvents or solutions used to remove ink and debris from the
operating surfaces of the printing press and its parts.
(Z)(6) "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:
(1)(a) Begun, or caused to
begin, a continuous program of actual on-site construction or the major
stationary source or major modification, to be completed within a reasonable
time.
(2)(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 major stationary source or major
modification to be completed within a reasonable time.
(AA)(7)
"Commercial bakery" means an establishment that is primarily engaged in
manufacturing fresh or frozen bread, bread-type rolls and dry bakery products
(e.g. biscuits, crackers, and cookies). This definition does not include
establishments that produce bakery products primarily for direct sale on the
premises to household consumers.
(BB)(8) "Complete," in
reference to an application for a permit, means 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
director from requesting or accepting any additional information.
(CC)(9)
"Construct a major MACT source" means any of the following:
(1)(a) Fabricate, erect,
or install at any greenfield site a stationary source or group of stationary
sources which is located within a contiguous area and under common control and
which emits or has the potential to emit ten tons per year or more of any HAP
or twenty-five tons per year or more of any combination of HAPs.
(2)(b)
Fabricate, erect, or install, at any developed site a new process or production
unit which in and of itself emits or has the potential to emit ten tons per
year or more of any HAP or twenty-five tons per year or more of any combination
of HAPs, unless the process or production unit satisfies the following
criteria:
(a)(i) All HAPs emitted by
the process or production unit that would otherwise be controlled under the
requirements of rule
3745-31-28 of the Administrative
Code will be controlled by emission control equipment which was previously
installed at the same site as the process or production unit.
(b)(ii)
One of the following determinations has been made:
(i)(a) The director has
determined within a period of five years prior to the fabrication, erection, or
installation of the process or production unit that the existing control
equipment represented the BACT, LAER, BAT, or MACT based on air toxics rules
for the category of pollutants which includes those HAPs to be emitted by the
process or production unit.
(ii)(b) The director
determines that the control of HAP emissions provided by the existing equipment
will be equivalent to that level of control currently achieved by other
well-controlled similar sources (i.e., will be equivalent to the level of
control that would be provided by a current BACT, LAER, BAT, or air toxic MACT
determination).
(c)(iii) The director
determines that the per cent control efficiency for emissions of HAPs from all
sources to be controlled by the existing control equipment will be equivalent
to the per cent control efficiency provided by the control equipment prior to
the inclusion of the new process or production unit.
(d)(iv) The director has
provided notice and an opportunity for public comment concerning its
determination that criteria in paragraphs (CC)(2)(a)
(C)(9)(b)(i) , (CC)(2)(b)
(C)(9)(b)(ii) , and (CC)(2)(c)
(C)(9)(b)(iii) of this rule apply and concerning the
continued adequacy of any prior LAER, BACT, BAT, or air toxic MACT
determination.
(e)(v) If any commenter
has asserted that a prior LAER, BACT, BAT, or air toxic MACT determination is
no longer adequate, the director has determined that the level of control
required by that prior determination remains adequate.
(f)(vi)
Any emission limitations, work practice requirements, or other terms and
conditions upon which the above determinations by the permitting authority are
predicated, will be construed as applicable requirements under Section 504(a)
of the Clean Air Act and either have been incorporated into any existing Title
V permit for the affected facility or will be incorporated into such permit
upon issuance.
(DD)(10) "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.
(EE)(11) "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
chapter, to sample, condition (if applicable), analyze, and provide a record of
emissions on a continuous basis.
(FF)(12) "Continuous
emissions rate monitoring system" or "CERMS" means the total equipment required
for the determination and recording of the pollutant mass emission rate (in
terms of mass per unit of time).
(GG)(13) "Continuous
parameter monitoring system" or "CPMS" means all of the equipment necessary to
meet the data acquisition and availability requirements of this chapter, 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 on a continuous basis.
(HH)(14)
"Control technology" means measures, processes, methods, systems, or
techniques, to limit the emission of HAPs including, but not limited to,
measures that do any of the following:
(1)(a) Reduce the quantity
of, or eliminate emissions of, such pollutants through process changes,
substitution of materials or other modifications.
(2)(b) Enclose systems or
processes to eliminate emissions.
(3)(c) Collect, capture,
or treat such pollutants when released from a process, stack, storage or
fugitive emissions point.
(4)(d) Are design,
equipment, work practice, or operational standards (including requirements for
operator training or certification) as provided in
42 USC
7412(h).
(5)(e)
Are a combination of paragraphs (HH)(1)
(C)(14)(a) to (HH)(4)
(C)(14)(d) of
this rule.
(II)(15) "Criteria
pollutant" means PM10, PM
2.5, nitrogen oxides, VOCs,
sulfur dioxide, carbon monoxide, lead or any other air pollutant for which a
national ambient air quality standard has been promulgated under Section 109 of
the Clean Air Act.
(1)
"Carbon dioxide
(CO2) equivalent" or "CO2e" means the mass of GHG emissions adjusted on the
global warming potential for each GHG and is calculated using the following
method:
(a)
Multiply the mass amount of emissions in tons per year
(tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's
associated global warming potential published at Table A-1 to subpart A of 40
CFR part 98 - "Global Warming Potentials."
(b)
Sum the resultant
values from paragraph (C)(2)(b) of this rule for each gas to compute total tpy
of CO2e.
(Y) Reserved.
(D)
(JJ)(1)
"Digital printing (direct-to-media printing) line" means a printing line where
the transfer of electronic files occurs directly from the computer to an
electronically driven output device that prints the image directly on the
selected media (substrate). Electronic images and four-color process images can
be printed virtually any size.
(KK)(2) "Distillate oil"
means a petroleum product designated as number one fuel oil, number two fuel
oil (with less than or equal to
0.5 per cent by weight sulfur),
diesel fuel or kerosene by the "American Petroleum Institute."
(E)
(LL)(1) "Electric utility
steam generating unit" means any steam electric generating unit that is
constructed for the purpose of supplying more than one-third of its potential
electric output capacity and more than twenty-five megawatt 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.
(MM)(2) "Emergency" means
any of the following:
(1)(a) An emergency caused
by flooding, damaging winds or tornado, fire, or other natural
disaster.
(2)(b) An electric power
outage due to a failure or interruption of the electrical grid, local supply
equipment, or facility equipment.
(3)(c) Any situation that
the director determines to be an immediate threat to human health, property, or
the environment.
(4)(d) Conditions where a
regional transmission organization notifies electric distributors that an
emergency exists or may occur and it is necessary to implement emergency
procedures for voluntary load curtailments by customers within Ohio, in
response to unusually low frequency, equipment overload, capacity or energy
deficiency, unacceptable voltage levels, or other emergency conditions leading
to a potential electric blackout.
(NN)(3) "Emergency engine"
means a stationary reciprocating engine or a turbine engine which operates as
an emergency or standby mechanical or electrical power source and is used only
during the following:
(1)(a) Emergencies.
Examples include stationary engines used to produce power for critical networks
or equipment (including power supplied to portions of a facility) when electric
power from the local utility (or the normal power source, if the facility runs
on its own power production) is interrupted, or stationary engines used to pump
water in the case of fire or flood, etc. Interruptions for preventative
maintenance on power supply systems are included.
(2)(b) Any combination of
the following purposes for a maximum of one hundred hours per calendar year:
(a)(i)
Maintenance checks and readiness testing, provided that the tests are
recommended by federal, state or local government, the manufacturer, the
vendor, the regional transmission organization or equivalent balancing
authority and transmission operator, or the insurance company associated with
the engine.
(b)(ii) Emergency demand
response for periods in which the regional transmission authority or equivalent
balancing authority and transmission operator has declared an "Energy Emergency
Alert Level 2 (EEA Level 2)" as defined in the "North American Electric
Reliability Corporation Reliability Standard EOP-002-3, Capacity and Energy
Emergencies."
(c)(iii) Periods where
there is a deviation of voltage or frequency of five per cent or greater below
standard voltage or frequency.
(d)(iv) Operation of up to
fifty hours per calendar year to supply power as part of a financial
arrangement with another entity if all of the conditions in paragraphs
(NN)(d)(i)
(E)(3)(b)(i) to (NN)(d)(v)
(E)(3)(b)(v) of this rule are met. The fifty hours of
non-emergency operation are counted as part of the one hundred hours per
calendar year described in paragraph (NN)(2)
(E)(3)(b) of
this rule.
(i)(a) The engine is
dispatched by the local balancing authority or local transmission and
distribution system operator.
(ii)(b) The dispatch is
intended to mitigate local transmission and/ or distribution limitations so as
to avert potential voltage collapse or line overloads that could lead to the
interruption of power supply in a local area or region.
(iii)(c)
The dispatch follows reliability, emergency operation or similar protocols that
follow specific NERC, regional, state, public utility commission or local
standards or guidelines.
(iv)(d) The power is
provided only to the facility itself or to support the local transmission and
distribution system.
(v)
(e) The owner or operator identifies and records the
entity that dispatches the engine and the specific NERC, regional, state,
public utility commission or local standards or guidelines that are being
followed for dispatching the engine. The local balancing authority or local
transmission and distribution system operator may keep these records on behalf
of the engine owner or operator.
(e)(v) The fifty hours per
year for non-emergency situations provided in paragraph
(NN)(2)(d)
(E)(3)(b) of this rule cannot be used for peak shaving
or non-emergency demand response, or to generate income for a facility to
supply power to an electric grid or otherwise supply power as part of a
financial arrangement with another entity unless the conditions in paragraph
(NN)(2)(d)
(E)(3)(b) of this rule are met.
(f)(vi)
Emergency engines may be operated for up to fifty hours per calendar year in
non-emergency situations other than those described in paragraphs
(NN)(2)(a)
(E)(3)(b)(i) to (NN)(2)(d)
(E)(3)(b)(iv) of this rule. The fifty hours of
operation in non-emergency situations are counted as part of the one hundred
hours per calendar year for maintenance and testing and emergency demand
response.
(OO)(4) "Emissions unit"
means any part of a stationary source that emits or would have the potential to
emit any regulated NSR pollutant and includes an electric utility steam
generating unit. Air contaminant sources that do not emit or would not have the
potential to emit any regulated NSR pollutant but which emit a pollutant
regulated under state law are not considered emissions units. The two types of
emissions units are as follows:
(1)(a) A "new emissions
unit" means any emissions unit which is (or will be) newly constructed and
which has existed for less than two years from the date such emissions unit
first operated.
(2)(b) An "existing
emissions unit" means any emissions unit that does not meet the requirements in
paragraph (OO)(1)
(E)(4)(a) of this rule. A replacement unit, as defined
in this rule, is an existing emissions unit.
(PP)(5)
"Express permit-to-install" or "express PTIO" means a registration status
permit-to-install or registration status PTIO that is registered for express
processing and issuance pursuant to paragraph (G) of rule
3745-31-05 of the Administrative
Code and pursuant to the division (A) of section
3704.037 of the Revised
Code.
(F)
(QQ)(1)
"Facility" means all of the air contaminant sources that 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 and those emissions
resulting directly from an internal combustion engine for transportation
purposes or from a non-road engine or non-road vehicle as defined in Section
216 of the Clean Air Act. Air contaminant sources shall be considered as part
of the same industrial grouping if they
the sources belong to the same major group (i.e.,
they
that have
the same two-digit code) as described in the "Standard Industrial
Classification Manual."
(RR)(2) "Federal land
manager" means, with respect to any lands in the United States, the secretary
of the department with authority over such lands.
(SS)(3) "Federally
enforceable" means all limitations and conditions that are enforceable by the
administrator (of the United States environmental protection agency), including
those requirements developed pursuant to
40 CFR Parts
60,
61 and
63, requirements within the Ohio
state implementation plan that implements the requirements of the Clean Air
Act, any permit requirements designated as federally enforceable established
pursuant to 40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Part 51, Subpart I, including operating permit requirements
designated as federally enforceable issued under an United States environmental
protection agency-approved program that is incorporated into the Ohio state
implementation plan and expressly requires adherence to any permit issued under
such program.
(TT)(4) "Fountain solution
additives" means volatile and non-volatile chemicals, alcohols, and other
additives, which are blended with water to form the fountain solution used in
the lithographic printing process.
(UU)(5) "Fugitive
emissions" means those emissions that cannot reasonably pass through a stack,
chimney, vent or other functionally equivalent opening.
(G)
(VV)(1) "General permit"
means a general permit-to-install or a general PTIO.
(WW)(2) "General
permit-to-install" or "general PTIO" means a permit-to-install or PTIO issued
under rule
3745-31-29 of the Administrative
Code.
(XX)(3) "Greenfield site"
means a contiguous area under common control that is an undeveloped
site.
(4)
"Greenhouses gases" or "GHG" means the air pollutant defined
in 40 CFR
86.1818-12(a) as the
aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide,
methane, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
(H)
(YY)(1)
"Hazardous air pollutant" or "HAP" means any air pollutant listed in, or
pursuant to, Section 112(b) of the Clean Air Act.
(ZZ)(2) "High terrain"
means any area having an elevation of nine hundred feet or more above the base
of the stack of a stationary source.
(I)
(CCC)(1) "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 emission 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.
(DDD)(2) "Install" or
"installation" means to begin actual construction, erect, locate or affix any
air contaminant source.
(AAA) "Tribal governing body" means
the governing body of any tribe, band, or group of Native Americans subject to
the jurisdiction of the United States and recognized by the United States as
possessing power of self-government.
(BBB) "Tribal lands" means any
federally recognized reservation established by treaty, agreement, executive
order, or act of congress.
(K)
[Reserved.]
(L)
(FFF)(1) "Letterpress
printing line" means a printing process where the image area is raised relative
to the non-image area and the paste ink is transferred to the paper directly
from the image surface without the use of an anilox roller.
(GGG)(2)
"List of source categories" means the source category list required by Section
112(c) of the Clean Air Act.
(HHH)(3) "Low terrain"
means any area other than high terrain.
(III)(4) "Lowest
achievable emission rate" or "LAER," for any emissions unit, means the more
stringent rate of emissions based on the following:
(1)(a)
The most stringent emission limitation that is contained in the implementation
plan of any state for such class or category of emissions unit, unless the
owner or operator of the proposed emissions unit demonstrates that such
limitations are not achievable.
(2)(b) The most stringent
emission limitation that is achieved in practice by such class or category of
emissions unit. This limitation, when applied to a major modification, means
LAER for the new or modified emissions units within the stationary source. In
no event shall the application of this term permit a proposed new or modified
emissions unit to emit any air pollutant in excess of the amount allowable
under applicable new source standards of
performance.
(M)
(JJJ)(1) "MACT
determination" means any combination of emission limitations, work practices,
raw material specifications, throughput limitations, source design
characteristics, and air pollution control devices that achieve the level of
HAP control required by paragraph (E) of rule
3745-31-28 of the Administrative
Code.
(KKK)(2) "Major MACT
source" means any process or production unit that in and of itself has the
potential to emit ten tons per year or more of any single HAP or twenty-five
tons per year or more of any combination of HAPs.
(LLL)(3) "Major
modification" means the following:
(1)(a) Any physical change
in or change in the method of operation of a major stationary source that would
result in any combination of the following:
(a)(i) A significant
emissions increase of a regulated NSR pollutant other
than the pollutant greenhouse gases .
(b)(ii) A significant net
emissions increase of that pollutant from the major stationary source.
(2)(b) Any significant
emissions increase from any emissions units or net emissions increase at a
major stationary source that is considered significant for VOCs or nitrogen
oxides shall be considered significant for ozone.
(3)(c) The procedure for
calculating (before beginning actual construction) whether a significant
emissions increase (i.e., the first step of the process) will occur depends
upon the type of emissions units being modified, according to paragraphs
(LLL)(4)(a)
(M)(3)(c)(i) to (LLL)(4)(c)
(M)(3)(c)(iii) of this rule. The procedure for
calculating (before beginning actual construction) whether a significant net
emissions increase will occur at the major stationary source (i.e., the second
step of the process) is contained in paragraph (VVV)
(N)(2) of this
rule. Regardless of any such preconstruction projections, a major modification
results if the NSR project causes a significant emissions increase and a
significant net emissions increase.
(a)(i)
Actual-to-projected-actual applicability test for NSR projects that only
involve existing emissions units.
(b)(ii)
Actual-to-potential test for NSR projects that only involve construction of a
new emissions unit.
(c)(iii)
Hybrid test for NSR projects that involve multiple types of emissions units.
(4)(d) A physical change
or change in the method of operation shall not include the following:
(a)(i)
Routine maintenance, routine repair, and routine replacement.
(b)(ii)
Use of an alternative fuel or raw material by reason of an order under Section
2(A) and (B) of the Energy Supply and Environmental Coordination Act of 1974
(or any superseding legislation) or by reason of a natural gas curtailment plan
pursuant to the Federal Power Act.
(c)(iii) Use of an
alternative fuel by reason of an order or rule under Section 125 of the Clean
Air Act.
(d)(iv) Use of an
alternative fuel at a steam generating unit to the extent that the fuel is
generated from municipal solid waste.
(e)(v) Use of an
alternative fuel or raw material by a stationary source that does one of the
following:
(i)(a) For nonattainment
NSR purposes, the stationary source was capable of accommodating before
December 21, 1976, unless such change would be prohibited under any federally
enforceable permit condition that 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
40 CFR
51.166.
(ii)(b) For PSD purposes,
the stationary source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally enforceable permit
condition that was established after January 6, 1975, pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Part 51, Subpart I or
40 CFR
51.166.
(iii)(c) The stationary
source is approved to use under any effective and applicable nonattainment NSR
permit or PSD permit.
(f)(vi) An increase in the
hours of operation or in the production rate, unless such change is prohibited
under any federally enforceable permit condition that was established after the
following:
(g)(vii) Any change in
ownership at a stationary source.
(h)(viii) The
installation, operation, cessation, or removal of a temporary clean coal
technology demonstration project, provided that the temporary clean coal
technology demonstration project complies with the following:
(i)(a) The Ohio state
implementation plan.
(ii)(b) Other requirements
necessary to attain and maintain the national ambient air quality standard
during the temporary clean coal technology demonstration project and after the
NSR project is terminated.
(i)(ix) For PSD purposes
only, 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)(x) For PSD purposes
only, the reactivation of a very clean coal-fired electric utility steam
generating unit.
(5)(e) This definition
shall
does not
apply with respect to a particular regulated NSR pollutant when the major
stationary source is complying with the requirements under rule
3745-31-32 of the Administrative
Code for a PAL for that pollutant. Instead, the definition under paragraph
(JJJJ)
(P)(5)
of this rule shall apply
applies .
(6)(f) Different
pollutants, including individual precursors, are not summed to determine
applicability of a major modification.
(MMM)(4) "Major source
baseline date" means the following:
(1)(a) In the case of PM10
and sulfur dioxide, January 6, 1975.
(2)(b) In the case of
nitrogen dioxide, February 8, 1988.
(3)(c) In the case of PM
2.5, October 20, 2010.
(4)(d)
The baseline date is established for each pollutant for which increments or
other equivalent measures have been established if the following apply:
(a)(i)
The area in which the proposed source or modification would construct is
designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of
the Clean Air Act for the pollutant on the date of its complete application
under 40 CFR
52.21 or rules
3745-31-11 to
3745-31-20 of the Administrative
Code.
(b)(ii) 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.
(NNN)(5)
"Major stationary source" means any stationary source or any group of
stationary sources that are described in paragraph (NNN)(1)
(M)(5)(a) or
(NNN)(2)
(M)(5)(b) of this rule except as restricted under
paragraphs (NNN)(3)
(M)(5)(c) to (NNN)(5)
(M)(5)(v) of
this rule. Different pollutants, including individual precursors, are not
summed to determine applicability of a major stationary source.
(1)(a) For stationary
sources located in a nonattainment area for a given regulated air pollutant:
(a)(i) Fifty tons per year
of VOC in any serious ozone nonattainment area.
(b)(ii) Fifty tons per
year of VOC in an area within an ozone transport region, except for any severe
or extreme ozone nonattainment area.
(c)(iii) Twenty-five tons
per year of VOC in any severe ozone nonattainment area.
(d)(iv)
Ten tons per year of VOC in any extreme ozone nonattainment area.
(e)(v)
Fifty tons per year of carbon monoxide in any serious nonattainment area for
carbon monoxide, where stationary sources contribute significantly to carbon
monoxide levels in the area (as determined under rules issued by the
administrator of USEPA).
(f)(vi) Seventy tons per
year of PM10 in any serious nonattainment area for PM10.
(g)(vii)
Seventy tons per year of PM
2.5 in any serious nonattainment
area for PM 2.5.
(h)(viii) Seventy tons per
year of any individual precursor for PM
2.5 in any serious nonattainment
area for PM 2.5.
(2)(b)
For stationary sources located in an attainment area for a given regulated air
pollutant:
(a)(i) Any of the
following stationary sources of air pollutants that emits, or has the potential
to emit, one hundred tons per year or more of any regulated NSR pollutant:
(i)(a)
Fossil fuel-fired steam electric plants of more than two hundred fifty million
British thermal units per hour heat input.
(ii)(b) Coal cleaning
plants (with thermal dryers).
(iii)(c) Kraft pulp
mills.
(iv)(d) Portland cement
plants.
(v)(e) Primary zinc
smelters.
(vi)(f) Iron and steel
mill plants.
(vii)(g) Primary aluminum
ore reduction plants.
(viii)(h) Primary copper
smelters.
(ix)(i) Municipal
incinerators capable of charging more than fifty tons of refuse per
day.
(x)(j) Hydrofluoric,
sulfuric or nitric acid plants.
(xi)(k) Petroleum
refineries.
(xii)(l) Lime
plants.
(xiii)(m) Phosphate rock
processing plants.
(xiv)(n) Coke oven
batteries.
(xv)(o) Sulfur recovery
plants.
(xvi)(p) Carbon black
plants (furnace process).
(xvii)(q) Primary lead
smelters.
(xviii)(r) Fuel conversion
plants.
(xix)(s) Sintering
plants.
(xx)(t) Secondary metal
production plants.
(xxi)(u) Chemical process
plants except for ethanol production facilities that produce ethanol by natural
fermentation included in NAICS codes 325193 or 312140.
(xxii)(v)
Fossil fuel boilers (or combinations thereof) totaling more than two hundred
fifty million British thermal units per hour heat input.
(xxiii)(w) Petroleum
storage and transfer units with a total storage capacity exceeding three
hundred thousand barrels.
(xxiv)(x) Taconite ore
processing plants.
(xxv)
(y) Glass fiber processing plants.
(xxvi)
(z) Charcoal production plants.
(b)(ii)
Notwithstanding the stationary source size specified in paragraph
(NNN)(2)(a)
(M)(5)(b)(ii) of this rule, any stationary source that
emits, or has the potential to emit, two hundred fifty tons per year or more of
any regulated NSR pollutant.
(3)(c) A major stationary
source that is major for VOCs or nitrogen oxides shall be considered major for
ozone.
(4)(d) The fugitive
emissions of a stationary source to the extent quantifiable shall not be
included in determining for any of the purposes of this rule whether it is a
major stationary source, unless the stationary source belongs to one of the
following categories of stationary sources:
(a)(i) Coal cleaning
plants (with thermal dryers).
(b)(ii) Kraft pulp
mills.
(c)(iii) Portland cement
plants.
(d)(iv) Primary zinc
smelters.
(e)(v) Iron and steel
mills.
(f)(vi) Primary aluminum
ore reduction plants.
(g)(vii) Primary copper
smelters.
(h)(viii) Municipal
incinerators capable of charging more than fifty tons of refuse per
day.
(i)(ix) Hydrofluoric,
sulfuric, or nitric acid plants.
(j)(x) Petroleum
refineries.
(k)(xi) Lime
plants.
(l)(xii) Phosphate rock
processing plants.
(m)(xiii) Coke oven
batteries.
(n)(xiv) Sulfur recovery
plants.
(o)(xv) Carbon black
plants (furnace process).
(p)(xvi) Primary lead
smelters.
(q)(xvii) Fuel conversion
plants.
(r)(xviii) Sintering
plants.
(s)(xix) Secondary metal
production plants.
(t)(xx) Chemical process
plants except for ethanol production facilities that produce ethanol by natural
fermentation included in NAICS codes 325193 or 312140.
(u)(xxi)
Fossil-fuel boilers (or combination thereof) totaling more than two hundred
fifty million British thermal units per hour heat input.
(v)(xxii)
Petroleum storage and transfer units with a total storage capacity exceeding
three hundred thousand barrels.
(w)(xxiii) Taconite ore
processing plants.
(x)(xxiv) Glass fiber
processing plants.
(y)(xxv) Charcoal
production plants.
(z)(xxvi) Fossil
fuel-fired steam electric plants of more than two hundred fifty million British
thermal units per hour heat input.
(aa)(xxvii) Any other
stationary source category which, as of August 7, 1980, is being regulated
under Section 111 or 112 of the Clean Air Act.
(5)(e)
Any physical change that would occur at a stationary source not qualifying
under paragraph (NNN)
(M)(5) of this rule as a major stationary source would
be considered a major stationary source, if the change would constitute a major
stationary source by itself.
(OOO)(6) "Maximum
achievable control technology emission limitation for new sources" or "MACT
emission limitation for new sources" means the emission limitation which is not
less stringent than the emission limitation achieved in practice by the best
controlled similar source, and which reflects the maximum degree of reduction
in emissions that the director, taking into consideration the cost of achieving
such emission reduction, and any non-air quality health and environmental
impacts and energy requirements, determines is achievable by the constructed or
reconstructed major MACT source.
(PPP)(7) "Maximum
uncontrolled emissions" (only used for express permit-to-install or express
PTIO processing) means the amount of emissions from the air contaminant source
in tons per year calculated at the maximum operating capacity of the air
contaminant source based upon operating eight thousand seven hundred sixty
hours per year in the absence of control equipment.
(QQQ)(8) "Minor source
baseline date" means the earliest date after the trigger date on which a major
stationary source or a major modification subject to
40 CFR
52.21 or rules
3745-31-11 to
3745-31-20 of the Administrative
Code submits a complete application under the relevant regulations. The trigger
date is as follows:
(1)(a) In the case of PM10
and sulfur dioxide, August 7, 1977.
(2)(b) In the case of
nitrogen dioxide, February 8, 1988.
(3)(c) In the case of PM
2.5, October 20, 2011.
(4)(d)
The baseline date is established for each pollutant for which increments or
other equivalent measures have been established if the following apply:
(a)(i)
The area in which the proposed source or modification would construct is
designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of
the Clean Air Act for the pollutant on the date of its complete application
under 40 CFR
52.21 or rules
3745-31-11 to
3745-31-20 of the Administrative
Code.
(b)(ii) 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.
(5)(e) 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 director
may rescind any such minor source baseline date where it can be shown, to the
satisfaction of the director, 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
PM10 emissions.
(RRR)(9) "Model general
permit" means a document that the director has developed that includes a
definition of a category of air contaminant source, a description of the
qualifications that must
are to be met for that category of source and model
terms and conditions that will be used as a general permit for any qualified
air contaminant source.
(SSS)(10) "Modify" or
"modification" means:
(1)(a) Any physical change
in, or change in the method of operation any of the following:
(a)(i) Any air contaminant
source that does any one or a combination of the following:
(i)(a) Results in an
increase in the allowable emissions.
(ii)(b) Results in an
increase in emissions of greater than the de minimis levels in rule
3745-15-05 of the Administrative
Code of any type of air contaminant not previously emitted.
(iii)(c)
Results in the relocation of the air contaminant source to a new facility,
including, but not limited to, the movement of any existing air contaminant
source from another state, county, or other geographic location.
(iv)(d)
Is otherwise defined as a major modification, or is defined as a modification
under applicable regulations promulgated by the administrator of the United
States environmental protection agency regarding new source performance
standards or national emission standards for hazardous pollutants, or is either
a new source or a reconstruction under applicable rules promulgated by the
administrator under Section 112 of the Clean Air Act.
(v)(e)
'Modify' or 'modification' shall not include routine maintenance, routine
repair, and routine replacement; use of an alternate fuel or raw material that
the source is capable of accommodating and is not expressly prohibited from
using under any permit condition or applicable requirement of the Clean Air
Act; an increase in the hours of operation or in the production rate that is
not expressly prohibited under any permit condition or applicable requirement
of the Ohio environmental protection agency or the Clean Air Act.
(vi)(f)
'Modify' or 'modification' shall not include pollution control or pollution
prevention projects that the director has determined, in writing, are
environmentally beneficial. Environmentally beneficial projects do not include
those that cause or contribute to a violation of a national ambient air quality
standard, cause or contribute to a violation of an increment per paragraph (B)
of rule 3745-31-11 of the Administrative
Code, adversely impact a visibility limitation, or are expressly prohibited
under any Ohio environmental protection agency or Clean Air Act permit
condition or applicable requirement.
(vii)(g) 'Modify' or
'modification' shall not include allowable emission increases due to an
alternative emission limit that satisfies the criteria set forth in division
(E) of section 3704.03 of the Revised Code and
is consistent with division (K) of section
3704.036 of the Revised
Code.
(b)(ii) Any significant
air contaminant source project that, for the specific air contaminant or air
contaminants for which the air contaminant source project is classified as a
significant air contaminant source project, results in an increase in the
ambient air quality impact of the air contaminant source project greater than
the following levels as determined by atmospheric dispersion modeling or by
another method acceptable to the director:
(i)(a) Carbon monoxide -
five hundred seventy-five µg/m3, eighthour
average.
(ii)(b) Nitrogen dioxide -
fourteen µg/m3, annual average.
(iii)(c)
Directly emitted particulate matter less than
2.5 microns (PM
2.5) -four µg/m3,
twenty-four-hour average.
(iv)(d) Particulate matter
less than ten microns (PM10) - ten µg/m3, twenty-four-hour average.
(v)(e)
Sulfur dioxide - thirteen µg/m3, twenty-four-hour average.
(vi)(f)
Lead - 0.1 µg/m3, three-month
average.
(TTT)(11) "Municipal solid
waste landfill" or "MSW landfill" means, as defined under paragraph (B)(14) of
rule 3745-76-01 of the Administrative
Code, an entire disposal facility in a contiguous geographical space where
municipal solid waste is placed and regulated in accordance with Chapters
3745-27 and
3745-37 of the Administrative
Code and excludes scrap tire monofills. A MSW landfill may also receive other
types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes (rule
3745-50-10 of the Administrative
Code) such as commercial solid waste, nonhazardous sludge, and industrial solid
waste. Portions of a MSW landfill may be separated by access roads. A MSW
landfill may be publicly or privately owned. A MSW landfill may be a new MSW
landfill or existing MSW landfill.
[Comment: Except as otherwise provided in rule 3745-31-32 of the Administrative Code, and consistent with the definition of major modification, a NSR project is a major modification for a regulated NSR pollutant if the NSR project causes two types of emissions increases; a significant emissions increase and a significant net emissions increase. The NSR project is not a major modification if the NSR project does not cause a significant emissions increase. If the NSR project causes a significant emissions increase, then the NSR project is a major modification only if the NSR project also results in a significant net emissions increase.]
A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.
A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the NSR project and the baseline actual emissions of these emissions units before the NSR project equals or exceeds the significant amount for that pollutant.
A significant emissions increase of a regulated NSR pollutant
is projected to occur if the sum of the emissions
increases
each
unit
(LLL)(4)(a)
(LLL)(4)(b)
for each type of emissions
unit equals or exceeds the significant amount for that
pollutant.
(iv)
The "sum of the difference" as used in paragraphs
(M)(3)(c)(i), (M)(3)(c)(ii), and (M)(3)(iii) of this rule includes both
increases and decreases in emissions calculated in accordance with those
paragraphs.
Any stationary source of air pollutants that emits, or has the
potential to emit one hundred tons per year or more of the given regulated NSR
pollutant, except that lower emission thresholds shall apply in areas subject to subpart 2, subpart
3, or subpart 4 of part D, title 1 of the Clean Air Act, according to the
following:
(N)
(UUU)(1) "Necessary
pre-construction approvals or permits" means those permits or approvals
required under federal air pollution control laws and regulations and those air
pollution control laws and regulations that are part of the federally approved
Ohio state implementation plan.
(VVV)(2) "Net emissions
increase" means, with respect to any regulated NSR pollutant emitted by a major
stationary source, the amount by which the sum of the following, except as
limited by paragraph (VVV)(3)
(N)(2)(c) of this rule, exceeds zero:
(1)(a) Any increase in
emissions from a particular physical change or change in the method of
operation at a stationary source as calculated under this rule.
(2)(b)
Any other increases and decreases in actual emissions at the stationary source
that are contemporaneous with the particular change and are otherwise
creditable. Baseline actual emissions for calculating increases and decreases
under paragraph (VVV)
(N)(2) of this rule shall be determined as provided in
paragraph (O)
(B)(1) of this rule, except that paragraphs
(O)(1)(c)
(B)(1)(a)(iii) and (O)(2)(d)
(B)(1)(b)(iv) of this rule shall not apply.
(3)(c)
The following limit paragraphs (VVV)(1)
(N)(2)(a) and (VVV)(2)
(N)(2)(b) of
this rule:
(a)(i) An increase or
decrease in actual emissions is contemporaneous with the increase from the
particular change only if the increase or decrease occurs within the period
beginning five years prior to the date on which the owner or operator of the
facility expects construction to commence, as stated in the initial complete
application for an installation permit for a new or modified emission unit for
the particular change or project, and ending on the date when the new or
modified emissions unit becomes operational and begins to emit a
pollutant.
(b)(ii) An increase or
decrease in actual emissions is creditable only if the director has not relied
on the increase or decrease in issuing a permit for the stationary source under
regulations approved pursuant to this rule, which permit is in effect when the
increase in actual emissions from the particular change occurs.
(c)(iii)
For PSD purposes only, an increase or decrease in actual emissions of sulfur
dioxide, nitrogen oxide, or particulate matter that occurs before the
applicable minor source baseline date is creditable only if the increase or
decrease is required to be considered in calculating the amount of maximum
allowable increases remaining available. Only PM10 emissions shall be used to
evaluate the net emissions increase for PM10.
(d)(iv) An increase in
actual emissions is creditable only to the extent that the new level of actual
emissions exceeds the old level.
(e)(v) A decrease in
actual emissions is creditable only if the following apply:
(i)(a) The old level of
actual emissions or the old level of allowable emissions, whichever is lower,
exceeds the new level of actual emissions.
(ii)(b) The decrease is
enforceable as a practical matter at and after the time that actual
construction on the particular change begins.
(iii)(c) The decrease has
approximately the same qualitative significance for public health and welfare
as that attributed to the increase from the particular change.
(iv)(d)
For nonattainment NSR purposes only, the director has not relied on the
decrease in issuing any permit under regulations pursuant to 40 CFR part 51,
subpart I or the director has not relied on the decrease in demonstrating
attainment or reasonable further progress.
(f)(vi) An increase that
results from a physical change at a stationary source occurs when the emissions
unit on which construction occurred becomes operational and begins to emit a
particular air pollutant. Any replacement unit that requires shakedown becomes
operational only after a reasonable shakedown period, not to exceed one hundred
eighty days.
(g)(vii) Paragraph
(C)(1)
(A)(2)(a) of this rule shall not apply for determining
creditable increases and decreases or after a change.
(WWW)(3) "New source"
means any air contaminant source for which an owner or operator undertakes a
continuing program of installation or modification or enters into a binding
contractual obligation to undertake and complete, within a reasonable time, a
continuing program of installation or modification, after January 1, 1974, and
that at the time of installation or modification, would have otherwise been
subject to the provisions of this chapter. The replacement of an entire air
contaminant source is considered a new source.
(XXX)(4) "New source
review project" or "NSR project" means a physical change in, or change in the
method of operation of, an existing major stationary source for which a
permit-to-install or a permit-to-install and operate is required.
(YYY)(5)
"Nonattainment" or "nonattainment area," for a given pollutant, for purposes of
determining applicability of this chapter, means that the area has been
designated as nonattainment in
40 CFR
81.336.
(ZZZ)(6) "Nonattainment
new source review permit" or "nonattainment NSR permit" means any permit that
is issued under a major source preconstruction permit program that has been
approved by the administrator and incorporated into a plan to implement the
requirements of 40 CFR
51.165, or a program that implements 40 CFR
part 51, appendix S, sections I to VI.
(AAAA)(7) "Non-heatset"
means an offset lithographic printing process where the printing inks dry by
oxidation and absorption without the use of heat. For the purposes of this
chapter, ultraviolet-cured (UV) and electron beam-cured inks employed in an
offset lithographic printing process are considered non-heatset.
(BBBB)(8)
"Non-methane organic compound" or "NMOC" has the same meaning as found in
paragraph (B)(16) of rule
3745-76-01 of the Administrative
Code.
(CCCC)(9) "Non-road
engine" means, as defined under
40 CFR
89.2, any of the following:
(1)(a) Except as discussed
in paragraph (CCCC)(2)
(N)(9)(b) of this rule, a nonroad engine, as defined
in 40 CFR
89.2, is any internal combustion engine that
meets the following:
(a)(i) In or on a piece of
equipment that is self-propelled or serves a dual purpose by both propelling
itself and performing another function (such as garden tractors, off-highway
mobile cranes and bulldozers).
(b)(ii) In or on a piece
of equipment that is intended to be propelled while performing its function
(such as lawnmowers and string trimmers).
(c)(iii) That, by itself
or in or on a piece of equipment, is portable or transportable, meaning
designed to be and capable of being carried or moved from one location to
another. Indicia of transportability include, but are not limited to, wheels,
skids, carrying handles, dolly, trailer, or platform.
(2)(b) An
internal combustion engine is not a non-road engine if it meets any of the
following:
(a)(i) The engine is used
to propel a motor vehicle, an aircraft, or equipment used solely for
competition.
(b)(ii) The engine is
regulated under 40 CFR part 60, (or otherwise regulated by a federal New Source
Performance Standard promulgated under section 111 of the Clean Air Act
(42 U.S.C.
7411).
(c)(iii)
The engine otherwise included in paragraph (CCCC)(1)(c)
(N)(9)(a)(iii) of this rule remains or will remain at
a location for more than twelve consecutive months or a shorter period of time
for an engine located at a seasonal source. A location is any single site at a
building, structure, facility, or installation. Any engine (or engines) that
replaces an engine at a location and that is intended to perform the same or
similar function as the engine replaced will be included in calculating the
consecutive time period. An engine located at a seasonal source is an engine
that remains at a seasonal source during the full annual operating period of
the seasonal source. A seasonal source is a stationary source that remains in a
single location on a permanent basis (i.e., at least two years) and that
operates at that single location approximately three months (or more) each
year. Provisions in 40 CFR
1068.31 apply if the engine is removed from
the location.
(e)(v)
Engines used in underground mining or engines used in underground mining
equipment and regulated by the "Mining Safety and Health Administration" (MSHA)
in 30 CFR parts
7,
31,
32,
36,
56,
57,
70, and
75.
(f)(vi) Locomotive engines
that meet one
either of the following:
(ii)(b) Are exempted from
the requirements of 40 CFR part 92 by exemption provisions of 40 CFR part 92
other than those specified in 40 CFR
92.907
40 CFR 92.907
.
(g)
(viii) Hobby engines installed in reduced-scale models
of vehicles that are not capable of transporting a person.
(iii) Are marine engines, as defined
in 40 CFR part 94, with rated power at or above 37kW that are manufactured in
calendar years in which the standards of 40 CFR part 94 are not yet
applicable.
(vii)
Marine engines
that meet any of the following:
(a)
Are subject to the standards of
40 CFR part
94.
(h) Tier 4 engines that are subject
to emission standards under 40 CFR part 1039. See 40 CFR 1039.1 to determine
when that part 1039 applies. Note that certain requirements and prohibitions
apply to engines built on or after January 1, 2006 if they are installed in
stationary applications or in equipment that will be used solely for
competition, as described in 40 CFR 1039.1and 40 CFR 1068.1; those provisions
apply instead of the provisions of 40 CFR part 89.
(O)
(DDDD)(1)
"Ohio state implementation plan" means the plan submitted by the state of Ohio
to, and approved by, the United States environmental protection agency in
response to Section 110 of the Clean Air Act.
(EEEE)(2) "Organic
compounds" or "OC" means any chemical compound containing carbon, excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic
carbonates, ammonium carbonate, non landfill gas methane and
ethane.
(P)
(FFFF)(1)
"PAL allowable emissions" means allowable emissions as defined in this rule,
except as this definition is modified as follows:
(1)(a) The allowable
emissions for any emissions unit shall be calculated considering any emission
limitations that are enforceable as a practical matter on the emissions unit's
potential to emit.
(2)(b) An emissions unit's
potential to emit shall be determined using the definition in paragraph
(BBBBB)
(P)(23) of this rule, except that the words or
enforceable as a practical matter should be added after federally
enforceable.
(GGGG)(2) "PAL effective
date" generally means the date of issuance of the PAL permit. However, the PAL
effective date for an increased PAL is the date any emissions unit, which is
part of the PAL major modification, becomes operational and begins to emit the
PAL pollutant.
(HHHH)(3) "PAL effective
period" means the period beginning with the PAL effective date and ending ten
years later.
(IIII)(4) "PAL major
emissions unit" means either of the following:
(1)(a) Any emissions unit
that emits or has the potential to emit one hundred tons per year or more of
the PAL pollutant in an attainment area.
(2)(b)
Any emissions unit that emits or has the potential to emit the PAL pollutant in
an amount that is equal to or greater than the major source threshold for the
PAL pollutant as defined by the Clean Air Act for nonattainment areas. For
example, in accordance with the definition of major stationary source in
Section 182(c) of the Clean Air Act, an emissions unit would be a PAL major
emissions unit for VOC if the emissions unit is located in a serious ozone
nonattainment area and it emits or has the potential to emit fifty or more tons
of VOC per year.
(JJJJ)(5) "PAL major
modification" means, notwithstanding this rule (the definitions for major
modification and net emissions increase), any physical change in or change in
the method of operation of the PAL source that causes it to emit the PAL
pollutant at a level equal to or greater than the PAL.
(KKKK)(6)
"PAL permit" means the permit-to-install issued by the director that
establishes, incorporates or modifies a PAL for a major stationary
source.
(LLLL)(7) "PAL pollutant"
means the pollutant for which a PAL is established at a major stationary
source.
(MMMM)(8) "PAL significant
emissions unit" means an emissions unit that emits or has the potential to emit
a PAL pollutant in an amount that is equal to or greater than the significant
level as defined in this rule or in the Clean Air Act whichever is lower for
that PAL pollutant, but less than the amount that would qualify the unit as a
PAL major emissions unit as defined in this rule.
(NNNN)(9) "PAL small
emissions unit" means an emissions unit that emits or has the potential to emit
the PAL pollutant in an amount less than the significant level for that PAL
pollutant, as defined in this rule or in the Clean Air Act, whichever is
lower.
(OOOO)
(10) "Particulate matter" shall have
has the
same meaning as found in rule
3745-17-01 of the Administrative
Code.
(PPPP)(11) "Particulate
matter emissions" shall have
has the same meaning as found in rule
3745-17-01 of the Administrative
Code.
(QQQQ)(12) "Permanent"
means that emission reductions used to offset emission increases are assured
for the life of the corresponding increase through a federally enforceable
mechanism, through restrictions that are legally and practically enforceable by
the state, or because emissions are no longer physically or operationally
possible, whether the corresponding increase is limited or unlimited in
duration.
(RRRR)(13) "Person" means
the federal government or any agency thereof, the state or any agency thereof,
any political subdivision, or any agency thereof, or any public or private
corporation, individual, partnership, or other entity.
(SSSS)(14) "Plantwide
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 paragraphs (A)(1) to (A)(13) of rule
3745-31-32 of the Administrative
Code.
(TTTT)(15) "PM
2.5" means particulate matter
with an aerodynamic diameter less than or equal to a nominal
2.5 micrometers as measured by a
reference method based on 40 CFR part 50 appendix L and designated in
accordance with 40 CFR part 53 or an equivalent method designated in 40 CFR
part 53.
(UUUU)(16) "PM
2.5 direct emissions" means
solid particles, with an aerodynamic diameter less than or equal to nominal
2.5 micrometers, emitted
directly from an air emissions source or activity, or gaseous emissions or
liquid droplets from an air emissions source or activity which condense to form
particulate matter at ambient temperatures. Direct PM
2.5 emissions include elemental
carbon, directly emitted organic carbon, directly emitted sulfate, directly
emitted nitrate, and other inorganic particles (including but not limited to
crustal material, and metals).
(VVVV)(17) "PM
2.5 emissions" means finely
divided solid or liquid material, with an aerodynamic diameter less than or
equal to nominal 2.5 micrometers that is or has
been emitted to the ambient air as measured by an applicable reference method,
or an equivalent or alternative method, specified in 40 CFR part 51, appendix
M.
(WWWW)(18) "PM
2.5 precursor" means those air
pollutants other than PM
2.5 direct emissions that
significantly contribute to the formation of PM
2.5 in a specific area. PM
2.5 precursors include sulfur
dioxide, nitrogen oxides, VOC and ammonia except the director may exempt a
particular precursor from the requirements of this chapter if a demonstration
of insignificant contribution is approved by the administrator of the USEPA. In
Ohio, the precursors VOC and ammonia are determined to be insignificant
contributors to the formation of PM
2.5. In the event the
administrator of the USEPA has not approved Ohio's demonstration by the
effective date of this rule, the determination of VOC or ammonia as a precursor
for PM 2.5 shall be made in accordance
with paragraphs II.A.31.(ii)(b)(3) and (4) of Appendix S of 40 CFR Part
51.
(XXXX)(19) "PM10" means
particulate matter with an aerodynamic diameter less than or equal to a nominal
ten micrometers as measured by a reference method based on 40 CFR part 50,
appendix J and designated in accordance with 40 CFR part 53 or an equivalent
method designated in 40 CFR part 53.
(YYYY)(20) "PM10
emissions" means finely divided solid or liquid material, with an aerodynamic
diameter less than or equal to a nominal ten micrometers that is or has been
emitted to the ambient air as measured by an applicable reference method, or an
equivalent or alternative method, specified in 40 CFR part 51, appendix
M.
(ZZZZ)(21) "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 prior to recycling,
treatment, or disposal; it does not mean recycling (other than certain
in-process recycling practices), energy recovery, treatment, or
disposal.
(AAAAA)(22) "Portable
source" means an air contaminant source that, in the director's judgment, is
specifically designed to be transferred to a new site as needs
warrant.
(BBBBB)(23) "Potential to
emit" means the maximum capacity of an emissions unit or stationary source to
emit an air pollutant under its physical and operational design. Any physical
or operational limitation on the capacity of the emissions unit or stationary
source to emit an air pollutant, which includes any federally regulated air
pollutant as defined in paragraph (DD) of rule
3745-77-01 of the Administrative
Code, 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 the emission unit's or stationary source's design
if the limitation or the effect the limitation would have on emissions is
federally enforceable or legally and practicably enforceable by the state.
Secondary emissions do not count in determining the potential to emit of a
stationary source.
(CCCCC)(24) "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 emission rate (for example, pounds per hour) on a
continuous basis.
(DDDDD)(25) "Prevention of
significant deterioration increment" or "PSD increment" means an allowable
increment specified in paragraph (B) of rule
3745-31-11 of the Administrative
Code.
(EEEEE)(26) "Prevention of
significant deterioration permit" or "PSD permit" means any permit that is
issued under a major source preconstruction permit program that has been
approved by the administrator and incorporated into the plan to implement the
requirements of 40 CFR
51.166, or under the program in
40 CFR
52.21.
(FFFFF)(27)
"Process or production unit" means any collection of structures or equipment
that processes, assembles, applies, or otherwise uses material inputs to
produce or store an intermediate or final product. A single facility may
contain more than one process or production unit.
(GGGGG)(28) "Projected
actual emissions" means, the maximum annual rate, in tons per year, at which an
existing emissions unit is projected to emit a regulated NSR pollutant in any
one of the five years (twelve-month period) following the date the emissions
unit resumes regular operation after the NSR project, or in any one of the ten
years following that date, if the NSR project involves increasing the emissions
unit's design capacity or its potential to emit of that regulated NSR pollutant
and full utilization of the emissions unit would result in a significant
emissions increase or a significant net emissions increase at the major
stationary source.
(1)(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 approved plan.
(2)(b) Include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(3)(c) Exclude, in
calculating any increase in emissions that results from the particular NSR
project, that portion of the emissions unit's emissions following the NSR
project that an existing emissions unit could have accommodated during the
consecutive twenty-four-month period used to establish the baseline actual
emissions under paragraph (O)
(B)(1) of this rule and that are also unrelated to the
particular NSR project, including any increased utilization due to product
demand growth.
(4)
(d) In lieu of using the method set out in paragraphs
(GGGGG)(1)
(P)(28)(a) to (GGGGG)(3)
(P)(28)(c)
of this rule, the owner or operator may elect to use the emissions unit's
potential to emit, in tons per year, as defined under paragraph
(BBBBB)
(P)(23) of this rule.
(HHHHH)(29) "PTIO" or
"permit-to-install and operate" means a permit-to-install and a
permit-to-operate applicable to air contaminant sources not located at
facilities subject to Chapter 3745-77 of the Administrative Code.
(IIIII)(30) "Publicly
owned treatment works" or "POTW" means any device or system used in the
treatment (including recycling and reclamation) of domestic sewage or
industrial waste of a liquid nature that is owned by a municipality, county or
state entity or any public body created under state law that has authority over
disposal of sewage.
[Comment: The definition of a process or production unit can be
determined by the intermediate product of a process. For example, at a plant
which manufactures fiberglass reinforced plastic boats, the owners wish to add
more spray guns to an existing fabrication line to supplement existing spray
guns in laminating a particular model of boat hulls. The new spray guns will
have a potential to emit greater than ten tons per year of a single HAP. In
this example, the fiberglass hull of a boat is an intermediate product in the
manufacture of a final product (a boat). The collection of equipment needed to
manufacture the intermediate product includes the new spray guns, the existing
spray guns, the laminating operation, and other supporting equipment. Because
the new spray guns in and of themselves do not produce the intermediate
product, they
In determining the projected actual emissions under this rule before beginning actual construction, the owner or operator of the major stationary source shall do the following:
(R)
(KKKKK)(1) "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 following apply:
(1)(a) The unit has not
been in operation for the two-year period prior to the enactment of the Clean
Air Act Amendments of 1990, and the emissions from such unit continue to be
carried in the permitting authority's emission inventory at the time of
enactment.
(2)(b) The unit was
equipped prior to shutdown with a continuous system of emission control that
achieves a removal efficiency for sulfur dioxide of no less than eighty-five
per cent and a removal efficiency for particulates of no less than ninety-eight
per cent.
(3)(c) The unit is
equipped with low-NOx burners prior to the time of commencement of operations
following reactivation.
(4)(d) The unit is
otherwise in compliance with the requirements of the Clean Air Act.
(LLLLL)(3) "Reconstruct a
major MACT source" means the replacement of components at an existing process
or production unit that in and of itself emits or has the potential to emit ten
tons per year or more of any HAP or twenty-five tons per year or more of any
combination of HAPs, whenever the following occur:
(1)(a) The fixed capital
cost of the new components exceeds fifty per cent of the fixed capital cost
that would be required to construct a comparable process or production
unit.
(2)(b) It is technically
and economically feasible for the reconstructed major source to meet the
applicable MACT emission limitation for new sources established under rule
3745-31-28 of the Administrative
Code.
(MMMMM)(4) "Reduced sulfur
compounds" or "RSC" means, as defined under 40 CFR part 60, subpart J, the sum
of the sulfur compounds hydrogen sulfide, carbonyl sulfide and carbon
disulfide.
(NNNNN)(5) "Regulated NSR
pollutant" means the following:
(1)(a) For stationary
sources located in a nonattainment area for a given regulated air pollutant:
(a)(i)
Nitrogen oxides or any VOCs.
(b)(ii) Any pollutant for
which a national ambient air quality standard has been promulgated.
(c)(iii)
Any pollutant that is identified under this paragraph as a constituent or
precursor of a general pollutant listed under paragraph
(NNNNN)(1)(a)
(R)(5)(a)(i) or (NNNNN)(1)(b)
(R)(5)(a)(ii) of this rule, provided that such
constituent or precursor pollutant may only be regulated under NSR as part of
regulation of the general pollutant. Precursors identified by the director for
purposes of new source review are the following:
(i)(a) VOCs and nitrogen
oxides are precursors to ozone in all ozone nonattainment areas.
(ii)(b)
Sulfur dioxide is a precursor to PM
2.5 in all PM
2.5 nonattainment
areas.
(iii)(c) Nitrogen oxides
are a precursor to PM
2.5 in all PM
2.5 nonattainment
areas.
(d)(iv) PM
2.5 emissions and PM10 emissions
shall include gaseous emissions from a source or activity which condense to
form particulate matter at ambient temperatures. On or after January 1, 2011,
such condensable particulate matter shall be accounted for in applicability
determinations and in establishing emissions limitations for PM
2.5 and PM10 in nonattainment
new source review permits. Compliance with emissions limitations for PM
2.5 and PM10 issued prior to
this date shall not be based on condensable particulate matter unless required
by the terms and conditions of a permit or the Ohio state implementation plan.
Applicability determinations made prior to this date without accounting for
condensable particulate matter shall not be considered in violation of this
chapter unless the Ohio state implementation plan required condensable
particulate matter to be included.
(2)(b) For stationary
sources located in an attainment area for a given regulated air pollutant, the
following:
(a)(i) Any pollutant for
which a national ambient air quality standard has been promulgated. This
includes, but is not limited to, any of the following:
(i)(a) PM
2.5 emissions, and PM10
emissions shall include gaseous emissions from a source or activity which
condense to form particulate matter at ambient temperatures. On or after
January 1, 2011, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations for PM
2.5 and PM10 in PSD permits.
Compliance with emissions limitations for PM
2.5 and PM10 issued prior to
this date shall not be based on condensable particular
particulate
matter unless required by the terms and conditions of the permit or the
applicable implementation plan. Applicability determinations made prior to this
date without accounting for condensable particular
particulate
matter shall not be considered in violation of this section unless the
applicable implementation plan required condensable particular
particulate
matter to be included.
(ii)(b) Any pollutant
identified under this paragraph as a constituent or precursor to a pollutant
for which a national ambient air quality standard has been promulgated.
Precursors identified for purposes of new source review are the following:
(a)(i)
VOCs and nitrogen oxides are precursors to ozone in all ozone attainment and
unclassifiable areas.
(b)(ii) Sulfur dioxide is
a precursor to PM 2.5 in all attainment and
unclassifiable areas.
(c)(iii) Nitrogen oxides
are a precursor to PM
2.5 in all attainment and
unclassifiable areas.
(d)(iv) VOCs are presumed
not to be precursors to PM
2.5 in all attainment and
unclassifiable areas, unless Ohio demonstrates to the administrator's
satisfaction or the United States environmental protection agency demonstrates
that emissions of VOCs from sources in a specific area are a significant
contributor to that area's ambient PM
2.5 concentrations.
(b)(ii) Any pollutant that
is subject to any standard promulgated under Section 111 of the Clean Air
Act.
(c)(iii) Any Class I or II
substance subject to a standard promulgated under or established by Title VI of
the Clean Air Act.
(d)(iv) Any pollutant that
otherwise is subject to regulation under the Clean Air Act; except that any or
all HAPs either listed in Section 112 of the Clean Air Act or added to the list
pursuant to Section 112(b)(2) of the Clean Air Act, which have not been
delisted pursuant to Section 112(b)(3) of the Clean Air Act, 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 Clean Air
Act.
(OOOOO)(6) "Replacement
unit" means an emissions unit for which all the following criteria are met. No
creditable emission reductions shall be generated from shutting down the
existing emissions unit that is replaced.
(1)(a) 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)(b) The emissions unit
is identical to or functionally equivalent to the replaced emissions
unit.
(3)(c) The replacement
does not alter the basic design parameters of the process unit.
(4)(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, the emissions unit shall constitute a new
emissions unit.
(PPPPP)(7) "Repowering"
means the following:
(1)(a) Replacement of an
existing coal-fired boiler with one of the following clean coal technologies:
atmospheric or pressurized fluidized bed combustion, integrated gasification
combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the administrator, in
consultation with the secretary of energy, a derivative of one 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.
(2)(b) Repowering
shall also include
includes any
oil or gas-fired unit which has been awarded clean coal technology
demonstration funding as of January 1, 1991, by the department of
energy.
(3)(c) The director shall
give expedited consideration to permit applications for any source that
satisfies this rule
the requirements of paragraph (R)(7) of this rule and
is granted an extension under Section 409 of the Clean Air
Act.
(QQQQQ)(8) "Research and
development activity" means an activity conducted at a research or laboratory
facility whose primary purpose is to conduct research and development into new
processes and products, where such a source is operated under the close
supervision of technically trained personnel and is not engaged in the
manufacture of products for sale or exchange for commercial profit, except in a
de minimis manner.
(2)
"Reasonable possibility" means that the owner or operator
calculates a project to result in either:
(a)
A projected
actual emissions increase of at least fifty per cent of the amount that is a
"significant emissions increase," as defined in this rule (without reference to
the amount that is a significant net emissions increase), for the regulated NSR
pollutant.
(b)
A projected actual emissions increase that, added to
the amount of emissions excluded under paragraph (P)(28)(c) of this rule, sums
to at least fifty per cent of the amount that is a "significant emissions
increase," as defined in this rule (without reference to the amount that is a
significant net emissions increase), for the regulated NSR pollutant. For a
project for which a reasonable possibility occurs only within the meaning of
paragraph (R)(5) of this rule, and not also within the meaning of paragraph
(R)(2)(a) of this rule, then provisions under paragraphs (A)(2) to (A)(5) of
rule 3745-31-10 of the Administrative
Code do not apply to the project.
(S)
(RRRRR)(1) "Screen
printing line" means a printing process where the printing ink passes through a
web or a fabric to which a refined form of stencil has been applied. The
stencil openings determine the form and dimensions of the imprint.
(SSSSS)(2) "Secondary
emissions" means emissions that 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 rule, secondary emissions must
shall be specific, well defined, quantifiable, and
impact the same general areas as the stationary source or major modification
that causes the secondary emissions. Secondary emissions include emissions from
any off-site support operation that would not be constructed or increase their
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 that come directly from a mobile source, such as emissions from the
tailpipe of a motor vehicle, from a train or from a vessel.
(TTTTT)(3) "Semi-public
disposal system" means a disposal system which treats the sanitary sewage
discharged from publicly or privately owned buildings or place of assemblage,
entertainment, recreation, education, correction, hospitalization, housing or
employment, but does not include a disposal system which treats sewage in
amounts of more than twenty-five thousand gallons per day; a disposal system
for the treatment of sewage that is exempt from the requirements of division
(F) of section 6111.04 of the Revised Code; or
a disposal system for the treatment of industrial waste.
(UUUUU)(4) "Significant
air contaminant source" or "significant air contaminant source project" means
any air contaminant source, or air contaminant source project, that emits the
following:
(1)(a) Greater than one
hundred tons per year of any of the following air contaminants:
(a)(i) PM10.
(b)(ii)
PM 2.5.
(c)(iii) Sulfur
dioxide.
(d)(iv) Nitrogen
oxides.
(e)(v) OCs.
(2)(b) Greater than one
thousand tons per year of carbon monoxide.
(3)(c) Greater than two
tons per year of lead.
(1)(5) "Significant"
means, in reference to a net emissions increase or the potential of a
stationary source to emit any of the following air pollutants, a rate of
emissions that would equal or exceed any of the following rates:
(2)(d)
"Significant", in reference to a net emissions increase or the potential of a
stationary source to emit a regulated NSR pollutant that the air pollutant and
emission rate table in paragraph (VVVVV)(1)
(S)(5)(a)
of this rule does not list, any emission rate.
(3)(e) Notwithstanding
paragraph (VVVVV)(1)
(S)(5)(a) of this rule, "significant" means any
emission rate or any net emissions increase associated with a major stationary
source or major modification that would be constructed within ten kilometers of
a Class I area, and have an impact on such area equal to or greater than one
microgram per cubic meter (twenty-four hour average).
(WWWWW)(6) "Significant
emissions increase" means, for a regulated NSR pollutant, an increase in
emissions that is significant, as defined in this rule, for that
pollutant.
(XXXXX)(7) "Similar
source" means a stationary source or process that has comparable emissions and
is structurally similar in design and capacity to a constructed or
reconstructed major MACT source such that the source could be controlled using
the same control technology.
(YYYYY)(8) "Soil-liquid
extraction remediation activities" means soil remediation activities that use a
process for physically separating (extracting) groundwater from soils
contaminated with low levels of organic species or other pollutants that are
moderately soluble in an aqueous phase using a trench dug around or along side
the contaminated soil perpendicular to the groundwater's down gradient flow
direction. The contaminated groundwater is collected in the trench and
transferred out of the trench for further treatment to separate the soluble
contaminants from the water and to destroy the contaminants in an air pollution
control system.
(ZZZZZ)(9) "Soil-vapor
extraction remediation activities" means soil remediation activities that use a
process for physically separating (extracting) contaminates that are VOCs and
semivolatile organic compounds from unsaturated soils by placing a porous tube
(or tubes) under vacuum in the contaminated soil, and when a vacuum is drawn on
the tube, vapor and some groundwater are drawn into the tube. The vapors
collected through the vacuum system are then sent to an air pollution control
system to destroy the organic contaminants.
(AAAAAA)(10) "Stationary
source" means all of the emissions units that 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 and those emissions resulting directly from an
internal combustion engine for transportation purposes or from a non-road
engine or non-road vehicle as defined in Section 216 of the Clean Air Act.
Emissions units shall be considered as part of the same industrial grouping if
they
the emissions
units belong to the same major group (i.e., that have the same two-digit
code) as described in the "Standard Industrial Classification
Manual."
(BBBBBB)(11) "Surplus"
means emission reductions made below an applicable source baseline which
conform to the following:
(1)(a) Are below allowable
emission rates.
(2)(b) The state of Ohio
has not relied on the emission reduction in a required attainment demonstration
of a national ambient air quality standard or a demonstration of reasonable
further progress.
(3)(c) The director has
not relied on the emission reduction in issuing any permit under this
chapter.
(4)(d) Is not required by
any applicable laws.
(VVVVV)
|
Air Pollutant |
Emission Rate (Ton/Yr) |
|
Carbon monoxide |
100 |
|
Nitrogen oxides |
40 |
|
Sulfur dioxide |
40 |
|
Particulate matter |
25 |
|
PM10 |
15 |
|
PM 2.5 |
10 (of direct PM
2.5 emissions); 40 (sulfur
dioxide emissions); 40 (nitrogen oxides emissions); or 40 (VOC emissions), to
the extent that any such pollutant is defined as a precursor for PM
2.5 in paragraphs
|
|
Ozone (VOCs or nitrogen oxides) |
40 |
|
Lead |
0.6 |
|
Fluorides (excluding hydrogen fluoride) |
3 |
|
Sulfuric acid mist |
7 |
|
Hydrogen sulfide |
10 |
|
TRS |
10 |
|
RSCs |
10 |
|
NMOCs from municipal waste landfills |
50 |
(a) Municipal
waste combustor organic (measured as total tetra- through octachlorinated
dibenzo-p-dioxins and dibenzofurans):
3.2 grams per year
(0.007055 pounds per
year).
(b) Municipal waste
combustor metals (measured as particulate matter): fourteen megagrams per year
(fifteen tons per year).
(c)
Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen
chloride): thirty-six megagrams per year (forty tons per year).
Emission reductions can be used for offsets or emission reduction credits to the extent allowed under state or federal law.
(T)
(CCCCCC)(1) "Temporary
clean coal technology demonstration project" means a clean coal technology
demonstration project that is operated for a period of five years or less, and
which complies with the state implementation plan for the state in which the
clean coal technology demonstration project is located and other requirements
necessary to attain and maintain the national ambient air quality standards
during the clean coal technology demonstration project and after the project is
terminated.
(DDDDDD)(2) "Temporary
source" means any new source of air contaminants or modification of an air
contaminant source, which will cease operation, be relocated, or obtain a new
permanent permit-to-install within two years of beginning operation.
(EEEEEE)(3) "Title I
modification" means any modification under Section 111 or 112 of the Clean Air
Act and any major modification under parts C or D of Title I of the Clean Air
Act.
(FFFFFF)(4) "Total reduced
sulfur" or "TRS" means, as defined under paragraph (L) of rule
3745-73-01 of the Administrative
Code, the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan,
dimethyl sulfide and dimethyl disulfide, that are measured by methods specified
in rule 3745-73-04 of the Administrative
Code.
(GGGGGG)(7) "Truck" means
every motor vehicle, except trailers and semitrailers, designed and used to
carry property and having a gross vehicle weight rating of ten thousand pounds
or less.
(5)
"Tribal governing body" means the governing body of any
tribe, band, or group of Native Americans subject to the jurisdiction of the
United States and recognized by the United States as possessing power of
self-government.
(6)
"Tribal lands" means any federally recognized
reservation established by treaty, agreement, executive order, or act of
congress.
(W)
(JJJJJJ)(1) "Water-based
ink/coating/adhesive" means an ink, coating or adhesive with a VOC content less
than or equal to ten per cent by weight as applied.
(KKKKKK)(2) "Water-borne"
means a material in which the water content of the volatile fraction is at
least ninety-five per cent by weight.
(X)
[Reserved.]
(Y)
[Reserved.]
(Z)
[Reserved.]
(1) Availability. The referenced materials
are available as follows:
(a) Aerometric
information retrieval system (AIRS). Information can be obtained by writing to:
"Air Facility System (OECA), Office of Enforcement and Compliance Assurance,
1200 Pennsylvania Ave. NW, mail code 2222A, Washington, D.C. 20460-0001," by
calling 1-800-367-1044, or by visiting their web site at
http://www.epa.gov/enviro/facts/afs/search.html.
(b) "American Society for Testing Materials"
(ASTM). Information and copies of documents may be obtained by writing to:
"ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken,
Pennsylvania 19426-2959." These documents are also available for purchase at
www.astm.org. ASTM documents are also
available for inspection and use at most public libraries and "The State
Library of Ohio."
(c) California
air resources board (CARB) certification. Information and copies of executive
orders, approval letters, equipment advisories, and equivalent test procedures
may be obtained by writing to: "California Air Resources Board, Monitoring and
Laboratory Division, P.O. Box 2815, Sacramento, CA, 95812-2815" or by calling
(916) 327-0900. The full text of all CARB certification documents are also
available in electronic format at
http://www.arb.ca.gov/vapor/vapor.htm.
(d) Chemical abstract service (CAS).
Information can be obtained by writing to: "Chemical Abstract Service, 2540
Olentangy River Road, Columbus, Ohio, 43202," or by visiting their web site at
www.cas.org.
(e) Chemical rubber company (CRC) handbook of
chemistry and physics. Information and copies may be obtained by writing to
"CRC Press LLC, 2000 NW Corporate Blvd., Boca Raton, Florida, 33431," by
calling 1-800-272-7737, or at http://www.crcpress.com/. A copy of this
book is also available for inspection and use at most public libraries and "The
State Library of Ohio."
(f) Clean
Air Act. Information and copies may be obtained by writing to: "Superintendent
of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The
full text of the act is also available in electronic format at
www.epa.gov/oar/caa/text.html
https://www.epa.gov/clean-air-act-overview.
A copy of the act is also available for inspection and use at most public
libraries and "The State Library of Ohio."
(g) Code of Federal Regulations (CFR).
Information and copies may be obtained by writing to: "Superintendent of
Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The
full text of the CFR is also available in electronic format at
http://www.ecfr.gov. The CFR
compilations are also available for inspection and use at most public libraries
and "The State Library of Ohio."
(h) Compilation of air pollutant emission
factors, AP-42. Information and copies may be obtained by writing to:
"Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA
15250-7954." The full text of the compilation of air pollutant emission
factors, AP-42, is also available in electronic format at
http://www.epa.gov/ttn/chief/ap42/index.html
https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors.
The compilation of air pollutant emission factors, AP-42, are also available
for inspection and use at most public libraries and "The State Library of
Ohio."
(i) Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). Information
and copies may be obtained by writing to: "Superintendent of Documents, Attn:
New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act
is also available in electronic format at http://www.epa.gov/lawsregs/laws/cercla.html
https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response-compensation-and-liability-act.
A copy of the act is also available for inspection and use at most public
libraries and "The State Library of Ohio."
(j) Control technology center. Information
can be obtained by writing to: "Research Triangle Institute, Research Triangle
Park, NC, 27709," by calling 1-919-541-2734, or by visiting their web site at
http://www.epa.gov/etv/centers/center5.html
https://www.epa.gov/catc/clean-air-technology-center-products.
(k) Federal Power Act. Information and copies
may be obtained by writing to: "Superintendent of Documents, Attn: New Orders,
PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also
available in electronic format at
http://www.fws.gov/laws/lawsdigest/fedpowr.html.
A copy of the act is also available for inspection and use at most public
libraries and "The State Library of Ohio."
(l) Federal Register. Information and copies
may be obtained by writing to: "Superintendent of Documents, Attn: New Orders,
PO Box 371954, Pittsburgh, PA 15250-7954." Online access to the Federal
Register is available at
http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.
A copy of the Federal Register is also available for inspection and use at most
public libraries and "The State Library of Ohio."
(m) Great lakes binational toxics strategy.
Information can be obtained by writing to: "U.S. Environmental Protection
Agency, Great Lakes National Program Office, 77 W. Jackson Boulevard (G-17J),
Chicago, Illinois, 60604-3511," by calling 1-312-353-2117, or by visiting their
web site at http://www.epa.gov/grtlakes/bns/.
(n) Integrated risk management system (IRIS).
Information can be obtained by writing to: "IRIS Hotline, c/o EPA Docket
Center, Mail Code 28221T, EPA-West Building, 1301 Constitution Avenue NW,
Washington, DC 20005," by calling 1-202-566-1676, or by visiting their web site
at http://www.epa.gov/iris/index.html.
(o) "Lange's Handbook of Chemistry."
Information and copies can be obtained by contacting: "McGraw-Hill Publishing,
104 Windsor Center Drive Suite 400 East Windsor, NJ 08520"; by calling (800)
722-4726, by electronic mail at customer.service@mcgraw-hill.com, or by
visiting their website at http://www.mhprofessional.com/index.php.
(p) North American Electric Reliability
Corporation Reliability Standard EOP-002-3. Information can be obtained by
writing to: "NERC, Washington Office, 1325 G Street, NW Suite 600, Washington,
DC 20005-3801," by calling 1-202-400-3000, or by visiting their website at
http://www.nerc.com/files/EOP-002-3.pdf.
(q) North American industry classification
system (NAICS). Information and copies may be obtained by contacting the
national technical information service at 1-800-553-6847. The codes are also
available in electronic format at www.census.gov/eos/www/naics.html
https://www.census.gov/eos/www/naics/.
(r) "Perry's Chemical Engineer's Handbook;
Information and copies can be obtained by contacting:" "McGraw-Hill Publishing,
104 Windsor Center Drive Suite 400 East Windsor, NJ 08520"; by calling (800)
722-4726, by electronic mail at customer.service@mcgraw-hill.com, or by
visiting their website at http://www.mhprofessional.com/index.php.
(s) Recommended policy on control of volatile
organic compounds. Information and copies of the federal register notice may be
obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO
Box 371954, Pittsburgh, PA 15250-7954." The federal register notice is also
available for inspection and use at most public libraries and "The State
Library of Ohio."
(t) Resource
Conservation and Recovery Act (RCRA). Information and copies may be obtained by
writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954,
Pittsburgh, PA 15250-7954." The full text of the act is also available in
electronic format at http://www.epa.gov/epaoswer/osw/laws-reg.htm
https://www.epa.gov/rcra. A copy
of the act is also available for inspection and use at most public libraries
and "The State Library of Ohio."
(u) Standard industrial classification manual
(SICM). Information and copies may be ordered by writing to: "U.S. Department
of Commerce, Technology Administration, National Technical Information Service,
Springfield, Virginia, 22161" or by calling 1-800-553-6847. A copy of the act
is also available for inspection and use at most public libraries and "The
State Library of Ohio."
(v)
"Underwriters Laboratory" (UL). Information and copies may be ordered by
writing to: "Underwriters Laboratories, 25175 Regency Drive Novi, MI
48375-2155" or by calling 1-877-854-3577. Copies can also be obtained
electronically at: http://ulstandards.ul.com/. Copies of
the standard are also available for inspection and use at most public libraries
and "The State Library of Ohio."
(w) United States Code (USC). Information and
copies may be obtained by writing to: "Superintendent of Documents, Attn: New
Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the United
States Code is also available in electronic format at
http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode_=USCODE.
The USC compilations are also available for inspection and use at most public
libraries and "The State Library of Ohio."
(2) Referenced materials:
(l)(m)
40 CFR
60.111b; "Standards of Performance for
Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage
Vessels) for Which Construction, Reconstruction, or Modification Commenced
After July 23, 1984 - Definitions;" 52 FR 11429,
Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 FR 61756, Oct. 17,
2000; 68 FR 59333, Oct. 15, 2003
as published
in the July 1, 2020 Code of Federal Regulations .
(m)(n)
40 CFR
60.671; "Standards of Performance for
Nonmetallic Mineral Processing Plants - Definitions;"
51 FR 31337, Aug. 1, 1985, as amended at 62 FR
31359, June 9, 1997
as published in the July
1, 2020 Code of Federal Regulations .
(n)(o)
40 CFR
60.4211; "What are my compliance requirements
if I am an owner or operator of a stationary CI internal combustion engine?;"
71 FR 39172, July 11, 2006, as amended at 76 FR
37970, June 28, 2011,78 FR 6695, Jan. 30, 2013
as published in the July 1, 2020 Code of Federal
Regulations .
(o)(q)
40 CFR
60.4231; "What emission standards must I meet
if I am a manufacturer of stationary SI internal combustion engines or
equipment containing such engines?;" 73 FR 3591,
Jan. 18, 2008, as amended by 73 FR 59175, Oct. 8, 2008; 76 FR 37973, June 28,
2011, 78 FR 6695, Jan. 30, 2013
as published
in the July 1, 2020 Code of Federal Regulations .
(p)(t)
40 CFR
60.5375; "What standards apply to gas well
affected facilities?;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(q)(u)
40 CFR
60.5410; "How do I demonstrate initial
compliance with the standards for my gas well affected facility, my centrifugal
compressor affected facility, my reciprocating compressor affected facility, my
pneumatic controller affected facility, my storage vessel affected facility,
and my equipment leaks and sweetening unit affected facilities at onshore
natural gas processing plants?;" as published in the July 1,
2014
2020
Code of Federal Regulations.
(r)(v)
40 CFR
60.5420; "What are my notification,
reporting, and recordkeeping requirements?;" as published in the July 1,
2014
2020 Code
of Federal Regulations.
(s)(x)
40 CFR
63.6640; "How do I demonstrate continuous
compliance with the emission limitations and operating limitations?;" as
published in the July 1, 2014
2020 Code of Federal Regulations.
(t)(aa)
40 CFR
81.336; "Designation of Area for Air Quality
Planning Purposes-Ohio;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(u)(bb)
40 CFR
87.1(a); "Control of Air
Pollution From Aircraft and Aircraft Engines, Definitions;"
47 FR 58470, Dec. 30, 1982, as amended at 49 FR
31875, Aug. 9, 1984; 62 FR 25365, May 8, 1997
as published in the July 1, 2020 Code of Federal
Regulations .
(v)(cc)
40 CFR
89.2; "Control of Emissions From New and
In-Use Nonroad Compression-Ignition Engines, Definitions;"
59 FR 31335, June 17, 1994, as amended at 61 FR
52102, Oct. 4, 1996; 63 FR 18998, Apr. 16, 1998; 63 FR 56996, Oct. 23, 1998; 65
FR 73331, Dec. 29, 1999; 67 FR 68339, Nov. 8, 2002; 69 FR 39212, June 29, 2004;
70 FR 40444, July 13, 2005; 72 FR 53126, Sept. 18, 2007
as published in the July 1, 2020 Code of Federal
Regulations .
(w)(dd)
40 CFR
92.907; "Control of Air Pollution From
Locomotives and Locomotive Engines, Non-locomotive-specific engine exemption;"
63 FR 18998, Apr. 16, 1998; as amended at 70 FR
40457, July 13, 2005
as published in the July
1, 2020 Code of Federal Regulations .
(x)(ee)
40 CFR
1039.1; "Does this part apply for my
engines?;" 69 FR 39213, June 29, 2004, as amended at
70 FR 40462, July 13, 2005; 71 FR 39184, July 11, 2006
as published in the July 1, 2020 Code of Federal
Regulations
(y)(ff)
40 CFR
1068.1; "Does this part apply to me?;"
76 FR 57488, Sept. 15, 2011, as amended at 77 FR
36386, June 18, 2012; 78 FR 36399, June 17, 2013
as published in the July 1, 2020 Code of Federal
Regulations .
(z)(gg)
40 CFR
1068.31; "What provisions apply to nonroad or
stationary engines that change their status?;" 73 FR
59344, Oct. 8, 2008, as amended at 75 FR 23059, Apr. 30, 2010
as published in the July 1, 2020 Code of Federal
Regulations .
(aa)
(hh) 40 CFR part 50, appendix J; "Reference Method for
the Determination of Particulate Matter as PM10 in the Atmosphere;"
36 FR 22384, Nov. 25, 1971; 52 FR 24664, July 1,
1987; 52 FR 29467, Aug. 7, 1987
as published
in the July 1, 2020 Code of Federal Regulations .
(bb)(ii)
40 CFR part 50, appendix L; "Reference Method for the Determination of Fine
Particulate Matter as PM
2.5 in the Atmosphere;"
62 FR 38714, July 18, 1997, as amended at 64 FR
19719, Apr. 22, 1999; 71 FR 61226, Oct. 17, 2006
as published in the July 1, 2020 Code of Federal
Regulations .
(cc)(jj) 40 CFR part 51;
"Requirements for preparation, adoption, and submittal of implementation
plans;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(dd)(kk) 40 CFR part 51,
appendix M; "Recommended Test Methods for State Implementation Plans;"
36 FR 22398, Nov. 25, 1971; 55 FR 14249, Apr. 17,
1990; 55 FR 24687, June 18, 1990, as amended at 55 FR 37606, Sept. 12, 1990; 56
FR 6278, Feb. 15, 1991; 56 FR 65435, Dec. 17, 1991; 60 FR 28054, May 30, 1995;
62 FR 32502, June 16, 1997; 71 FR 55123, Sept. 21, 2006; 73 FR 30779, May 29,
2008
as published in the July 1, 2020 Code of
Federal Regulations .
(ee)(ll) 40 CFR part 51,
appendix S, sections I through VI; "Emission Offset Interpretive Ruling;"
36 FR 22398, Nov. 25, 1971; 44 FR 3282, Jan. 16,
1979, as amended at 45 FR 31311, May 13, 1980; 45 FR 52741, Aug. 7, 1980; 45 FR
59879, Sept. 11, 1980; 46 FR 50771, Oct. 14, 1981; 47 FR 27561, June 25, 1982;
49 FR 43210, Oct. 26, 1984; 51 FR 40661, 40675, Nov. 7, 1986; 52 FR 24714, July
1, 1987; 52 FR 29386, Aug 7, 1987; 54 FR 27285, 27299, June 28, 1989; 57 FR
3946, Feb. 3, 1992; 70 FR 71702, Nov. 29, 2005; 72 FR 10373, Mar. 8, 2007; 72
FR 24077, May 1, 2007; 72 FR 72616, Dec. 21, 2007; 73 FR 28348, May 16, 2008;
81 FR 58010, August 24, 2016
as published in
the July 1, 2020 Code of Federal Regulations .
(ff)(mm) 40 CFR part 51,
appendix W; "Guideline on Air Quality Models;" 70 FR
68228, Nov. 9, 2005
as published in the July
1, 2020 Code of Federal Regulations .
(gg)(nn) 40 CFR part 51,
subpart I; "Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, Subpart I -- Review of New Sources and Modifications;" as
published in the July 1, 2014
2020 Code of Federal Regulations.
(hh)(oo)
40 CFR part 52; "Approval and promulgation of implementation plans;" as
published in the July 1, 2014
2020 Code of Federal Regulations.
(ii)(pp)
40 CFR part 53; "Ambient Air Monitoring Reference and Equivalent Methods;" as
published in the July 1, 2014
2020 Code of Federal Regulations.
(jj)(qq)
40 CFR part 58, appendix A; "Quality Assurance Requirements for SLAMS, SPMs and
PSD Air Monitoring;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(kk)(rr) 40 CFR part 58,
appendix B; "Quality Assurance Requirements for Prevention of Significant
Deterioration (PSD) Air Monitoring;" 44 FR 27571,
May 10, 1979; 44 FR 65070, Nov. 9, 1979; 44 FR 72592, Dec. 14, 1979, as amended
at 46 FR 44168, Sept. 3, 1981; 48 FR 2530, Jan. 20, 1983; 51 FR 9596, Mar. 19,
1986; 52 FR 24741, July 1, 1987; 59 FR 41628, 41629, Aug. 12, 1994; 60 FR
52321, Oct. 6, 1995
as published in the July
1, 2020 Code of Federal Regulations .
(ll)(ss) 40 CFR part 60;
"Standards of Performance for New Stationary Sources;" as published in the July
1, 2014
2020
Code of Federal Regulations.
(mm)(tt) 40 CFR part 60,
appendix A; "Test Methods - Standards of Performance for New Stationary
Sources;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(nn)(uu) 40 CFR part 60,
appendix B; "Performance Specifications;" 48 FR
13327, Mar. 30, 1983 and 48 FR 23611, May 25, 1983, as amended at 48 FR 32986,
July 20, 1983; 51 FR 31701, Aug. 5, 1985; 52 FR 17556, May 11, 1987; 52 FR
30675, Aug. 18, 1987; 52 FR 34650, Sept. 14, 1987; 53 FR 7515, Mar. 9, 1988; 53
FR 41335, Oct. 21, 1988; 55 FR 18876, May 7, 1990; 55 FR 40178, Oct. 2, 1990;
55 FR 47474, Nov. 14, 1990; 56 FR 5526, Feb. 11, 1991; 59 FR 64593, Dec. 15,
1994; 64 FR 53032, Sept. 30, 1999; 65 FR 62130, 62144, Oct. 17, 2000; 65 FR
48920, Aug. 10, 2000; 69 FR 1802, Jan. 12, 2004; 70 FR 28673, May 18, 2005; 71
FR 55127, Sept. 21, 2006; 72 FR 32767, June 13, 2007; 72 FR 51527, Sept. 7,
2007; 72 FR 55278, Sept. 28, 2007
as published
in the July 1, 2020 Code of Federal Regulations .
(oo)(vv)
40 CFR part 60, subpart I; "Standards of Performance for Hot Mix Asphalt
Facilities;" 39 FR 9314, Mar. 8, 1974, as amended at
40 FR 46259, Oct. 6, 1975; 42 FR 37936, July 25, 1977; 51 FR 12325, Apr. 10,
1986; 54 FR 6667, Feb. 14, 1989
as published
in the July 1, 2020 Code of Federal Regulations .
(pp)(ww)
40 CFR part 60, subpart J; "Standards of Performance for Petroleum Refineries;"
39 FR 9315, Mar. 8, 1974, as amended at 40 FR 46259,
Oct. 6, 1975; 42 FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 43 FR
10868, Feb. 15, 1978; 43 FR 10868-10869, Mar. 15, 1978; 44 FR 13481, Mar. 12,
1979; 44 FR 61543, Oct. 25, 1979; 45 FR 79453, Dec. 1, 1980; 48 FR 23611, May
25, 1983; 50 FR 31701, Aug. 5, 1985; 51 FR 42842, Nov. 26, 1986; 52 FR 20392,
June 1, 1987; 53 FR 41333, Oct. 21, 1988; 54 FR 34026-340310, Aug. 17, 1989; 55
FR 40175-40176, 40178, Oct. 2, 1990; 56 FR 4176, Feb. 4, 1991; 64 FR 7465-7466,
Feb. 12, 1999; 65 FR 61753-61755, Oct. 17, 2000; 71 FR 55127, Sept. 21, 2006;
73 FR 35865, June 24, 2008
as published in the
July 1, 2020 Code of Federal Regulations .
(qq)(xx) 40 CFR, part 60,
subpart Dc; "Standards of Performance for Small
Industrial-Commercial-Institutional Steam Generating Units;"
55 FR 37683, Sept. 12, 1990, as amended at 61 FR
20736, May 8, 1996; 64 FR 7465, Feb. 12, 1999; 65 FR 61752, Oct. 17, 2000; 65
FR 61753, Oct. 17, 2000; 72 FR 32759, June 13, 2007
as published in the July 1, 2020 Code of Federal
Regulations .
(rr)
(yy) 40 CFR part 60, subpart AAA; "Standards of
Performance for New Residential Wood Heaters;" 53 FR
5873-5874, Feb. 26, 1988, as amended at 53 FR 12009, Apr. 12, 1988; 53 FR
14889, Apr. 26, 1988; 57 FR 5328, Feb. 13, 1992; 60 FR 33925, June 29, 1995; 53
FR 5873, Feb. 26, 1988; 63 FR 64874, Nov. 24, 1998; 64 FR 7466, Feb. 12, 1999;
65 FR 61763-61764, Oct. 17, 2000
as published
in the July 1, 2020 Code of Federal Regulations .
(ss)(aaa)
40 CFR part 60, subpart OOO; "Standards of Performance for Nonmetallic Mineral
Processing Plants;" 51 FR 31337, Aug. 1, 1985, as
amended at 54 FR 6680, Feb. 14, 1989; 62 FR 31359-31360, June 9, 1997; 65 FR
61778, Oct. 17, 2000
as published in the July
1, 2020 Code of Federal Regulations .
(tt)(bbb) 40 CFR part 60,
subpart IIII; "Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines;" as published in the July 1,
2014
2020 Code
of Federal Regulations.
(uu)(ccc) 40 CFR part 60,
subpart JJJJ; "Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(vv)(ddd) 40 CFR part 60,
subpart OOOO; "Standards of Performance for Crude Oil and Natural Gas
Production, Transmission and Distribution;" as published in the July 1,
2014
2020 Code
of Federal Regulations.
(ww)(eee) 40 CFR part 63,
subpart ZZZZ; "National Emissions Standards for Hazardous Air Pollutants for
Stationary Reciprocating Internal Combustion Engines;' as published in the July
1, 2014
2020
Code of Federal Regulations.
(xx)(fff) 40 CFR part 63,
subpart CCCCCC; "National Emission Standards for Hazardous Air Pollutants for
Source Category: Gasoline Dispensing Facilities;" as published in the July 1,
2014
2020
Code of Federal Regulations.
(yy)(ggg) 40 CFR part 63,
subpart HHHHHH; "National Emission Standards for Hazardous Air Pollutants:
Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources;"
as published in the July 1, 2014
2020 Code of Federal Regulations.
(zz)(hhh)
40 CFR part 61; "National Emission Standards for Hazardous Air Pollutants;" as
published in the July 1, 2014
2020 Code of Federal Regulations.
(aaa)(iii) 40 CFR part 61,
subpart M; "National Emission Standard for Asbestos;"
49 FR 13661, Apr. 5, 1984 as amended by 49 FR 25453,
June 21, 1984; 51 FR 8199, Mar. 10, 1986; 53 FR 36972, Sept. 23, 1988; 55 FR
48414, 48416, 48419, 48424, 48429-48433, Nov. 20, 1990; 56 FR 1669, Jan. 16,
1991; 55 FR 48424, Nov. 20, 1991; 60 FR 31920, June 19, 1995; 64 FR 7467, Feb.
12, 1999; 68 FR 54793, Sept. 18, 2003; 69 FR 43324, July 20, 2004
as published in the July 1, 2020 Code of Federal
Regulations .
(bbb)
(jjj) 40 CFR part 63; "National Emission Standards for
Hazardous Air Pollutants for Source Categories;" as published in the July 1,
2014
2020
Code of Federal Regulations.
(ccc)(kkk) 40 CFR part 89;
"Control of Emissions From New and In-Use Nonroad Compression-Ignition
Engines;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(ddd)(lll) 40 CFR part 92;
"Control of Air Pollution From Locomotives and Locomotive Engines;" as
published in the July 1, 2014
2020 Code of Federal Regulations.
(eee)(mmm) 40 CFR part 94;
"Control of emissions from marine compressionignition engines;" as published in
the July 1, 2014
2020 Code of Federal Regulations.
(fff)(nnn)
42 USC
7401 to
7671q; "The Public Health and
Welfare-Air Pollution Prevention and Control;" as
published January 2, 2006 in Supplement V of the
2000
in the 2018 Edition of the United
States Code; as amended December 19, 2007,
Pub. L.
110-140 ,
sec
201 ,
202 ,
203 (f), 204, 208, 209,
210(a), 210(b), 210(c), 247, and 251, 121 Stat. 1519, 1521, 1529, 1531, 1532,
1547, and 1548
.
(ggg)
(ooo)
42 USC
7410; "State implementation plans for
national primary and secondary ambient air quality standards;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(hhh)(ppp)
42 USC
7412(h); "Hazardous air
pollutants, Work practice standards and other requirements;"
as published January
2, 2005 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(iii)(qqq) ASTM D2306-00;
"Standard Test Method for C8 Aromatic Hydrocarbon Analysis by Gas
Chromatography";
approved June 10, 2000.
(jjj)(rrr) ASTM
D2879-97(2007)
D2879-18 ; "Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope"; approved April 10, 1997, reapproved May 1, 2007, updated December 12, 2018 .
(kkk)(sss) ASTM
D3792-05
D3792-16 ; "Standard Test Method for Water Content of
Coatings by Direct Injection Into a Gas Chromatograph"; approved January 1,
2005, updated December 27, 2016 .
(lll)(ttt) ASTM
E260-96(2001)
E260-96(2019) ; "Standard practice for packed column
gas chromatography"; approved January 1, 2001,
reapproved September 9, 2019 .
(mmm)(uuu) "Chemical
Rubber Company (CRC) Handbook of Chemistry and Physics," 89th edition,
2008-2009 as published on June 17, 2008.
(nnn)
(vvv) Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) Section 121(e); contained in
42 USC
9621; "Cleanup standards;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 Edition of the United States Code.
(ooo)(www) Federal Power
Act; contained in 16 USC
791 to
828c; "Federal Regulation and
Development of Power;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(ppp)(xxx) "Lange's
Handbook of Chemistry," seventieth anniversary edition; published December 20,
2004.
(qqq)(yyy) New source
performance standards; contained in
42 USC
7411; "Standards of performance for new
stationary sources;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(rrr)(zzz) North American
Electric Reliability Corporation Reliability Standard EOP-002-3; "Capacity and
Energy Emergencies;" adopted August 5, 2010.
(sss)(aaaa) Part C of
Title I of the Clean Air Act; contained in
42 USC
7470 to
7492; "Prevention of Significant
Deterioration of Air Quality;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(ttt)(bbbb) Part D of
Title I of the Clean Air Act; contained in
42 USC
7501 to
7515; "Plan Requirements for
Nonattainment Areas;" as published
January 2, 2006 in Supplement V of the 2000
in the 2018 edition of the United States
Code.
(uuu)(cccc) "Perry's
Chemical Engineers' Handbook," eigth edition; as published November 13,
2007.
(vvv)(dddd) RCRA Subtitle
D; contained in 42 USC
6941 to
6949a; "Resource Conservation and
Recovery Act, State or Regional Solid Waste Plans;" as published January 2,
2006 in Supplement V of the 2000
in the 2018
edition of the United States Code.
(www)(eeee)
" Recommended policy on control of volatile
organic compounds;" 42 FR 35314, July 8,
1977.
(xxx)(ffff) Section
1.4, "Natural Gas Combustion;"
contained in Chapter 1, "External Combustion Sources", Volume I, "Stationary
Point and Area Sources" of the "Compilation of Air Pollutant Emission Factors,
AP-42;" fifth edition, supplement D, as published July, 1998.
(yyy)(gggg) Section 2(A)
and (B) of the Energy Supply and Environmental Coordination Act of 1974;
contained in 15 USC
792; "Coal conversion and allocation;"
as published January
19, 2004 in Supplement III of the 2000
in the
2018 edition of the United States Code.
(zzz)(hhhh) Section 107(d)
of the Clean Air Act; contained in
42 USC
7407; "Air Quality Control
Regions-Designations;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(aaaa)(iiii) Section 108
of the Clean Air Act; contained in
42 USC
7408; "Air quality criteria and control
techniques;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(bbbb)(jjjj) Section 109
of the Clean Air Act; contained in
42 USC
7409; "National primary and secondary ambient
air quality standards;" as published
January 2,2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(cccc)(kkkk) Section 110
of the Clean Air Act; contained in
42 USC
7410; "State implementation plans for
national primary and secondary ambient air quality standards;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(dddd)(llll) Section 111
of the Clean Air Act; contained in
42 USC
7411; "Standards of performance for new
stationary sources;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(eeee)(mmmm) Section 112
of the Clean Air Act; contained in
42 USC
7412; "Hazardous Air Pollutants;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(ffff)(nnnn) Section
112(b) of the Clean Air Act; contained in
42 USC
7412; "Hazardous air pollutants- List of
pollutants;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(gggg)(oooo) Section
112(c) of the Clean Air Act; contained in
42 USC
7412; "Hazardous air pollutants - List of
source categories;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(hhhh)(pppp) Section
112(d) of the Clean Air Act; contained in
42 USC
7412; "Hazardous air pollutants-Emission
standards;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(iiii)(qqqq) Section
112(h) of the Clean Air Act; contained in
42 USC
7412; "Hazardous air pollutants-Work practice
standards and other requirements;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(jjjj)(rrrr) Section
112(j) of the Clean Air Act; contained in
42 USC
7412; "Hazardous air pollutants-Equivalent
emission limitation by permit;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(kkkk)(ssss) Section
112(l) of the Clean Air Act; contained in
42 USC
7412; "Hazardous Air Pollutants;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(llll)(tttt) Section 113
of the Clean Air Act; contained in
42 USC
7413; "Federal enforcement;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(mmmm)(uuuu) Section
121(e) of the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA); contained in 42 USC 9621; "Cleanup Standards -
Permits and Enforcement;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(nnnn)(vvvv) Section 125
of the Clean Air Act; contained in
42 USC
7425; "Measures to prevent economic
disruption or unemployment;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(oooo)(wwww) Section 173
of the Clean Air Act; contained in
42 USC
7503; "Permit requirements;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(pppp)(xxxx) Section 171
of the Clean Air Act; contained in
42 USC
7501; "Definitions;" as published January 2,
2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(qqqq)(yyyy) Section
182(c) of the Clean Air Act; contained in
42 USC
7511a; "Plan submissions and
requirements-Serious Areas;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(rrrr)(zzzz) Section
182(f) of the Clean Air Act; contained in
42 USC
7511a; "Plan submissions and requirements-NOx
requirements;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(ssss)(aaaaa) Section 189
of the Clean Air Act; contained in
42 USC
7513a; "Plan Provisions and Schedules for
Plan Submissions;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(tttt)(bbbbb) Section 202
of the Clean Air Act; contained in
42 USC
7521; "Emission standards for new motor
vehicles or new motor vehicle engines;" as
published January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(uuuu)(ccccc) Section 216
of the Clean Air Act; contained in
42 USC
7550; "Motor Vehicle Emission and Fuel
Standards - Definitions;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(vvvv)(ddddd) Section 304
of the Clean Air Act; contained in
42 USC
7604; "Citizen suits;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(wwww)(eeeee) Section
402(12) of Title IV of the Clean Air Act; contained in
42 USC
7651a; "Definitions;" as published January 2,
2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(xxxx)(fffff) Section 409
of the Clean Air Act; contained in
42 USC
7651h; "Repowered sources;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(yyyy)(ggggg) Section
504(a) of the Clean Air Act; contained in
42 USC
7661c; "Permit requirements and conditions;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(zzzz)(hhhhh) Standard
industrial classification manual. United States. Office of management and
budget. Last amended 1988.
(aaaaa)(iiiii) Title II of
the Clean Air Act; contained in
42 USC
7521 to
7590; "Emission Standards for
Moving Sources;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code; December 19, 2007,
Pub. L.
110-140 ,
sec
201 ,
202 ,
203 (f), 204, 208, 209,
210(a), 210(b), 210(c), 247, and 251, 121 Stat. 1519, 1521, 1529, 1531, 1532,
1547, and 1548.
.
(bbbbb)(jjjjj) Title IV of
the Clean Air Act; contained in
42 USC
7651 to
7651o; "Acid Deposition Control;"
as published January
2, 2006 in Supplement V of the 2000
in the
2018 edition of the United States Code.
(ccccc)(kkkkk) Title VI of
the Clean Air Act; contained in
42 USC
7671 to
7671q; "Stratospheric Ozone
Protection;" as published
January 2, 2006 in Supplement V of the
2000
in the 2018 edition of the United
States Code.
(ddddd)(lllll) UL 330;
"Standard for Hose and Hose Assemblies for Dispensing Flammable Liquids;" as
published December 16, 2009.
(eeeee)(mmmmm) USEPA
method 9; contained in 40 CFR part 60, appendix A-4; "Visual Determination of
the Opacity of Emissions From Stationary Sources;" as published in the July 1,
2014
2020 Code
of Federal Regulations.
(a)
1 USC
3; "General Provisions, "Vessel" as including
all means of water transportation;" as published
January 3, 2007 in the
2006
2018
edition of the United States Code.
(b) 30 CFR part 7; "Testing by Applicant or
Third Party;" as published in the July 1, 2014
2020 Code of
Federal Regulations.
(c) 30 CFR
part 36; "Approval Requirements for Permissible Mobile Diesel-Powered
Transportation Equipment;" as published in the July 1,
2014
2020 Code
of Federal Regulations.
(d) 30 CFR
part 56; "Safety and Health Standards--Surface Metal and Nonmetal Mines;" as
published in the July 1, 2014
2020 Code of Federal Regulations.
(e) 30 CFR part 57; "Safety and Health
Standards--Underground Metal and Nonmetal Mines;" as published in the July 1,
2014
2020
Code of Federal Regulations.
(f) 30
CFR part 70; "Mandatory Health Standards--Underground Coal Mines;" as published
in the July 1, 2014
2020 Code of Federal Regulations.
(g) 30 CFR part 75; "Mandatory Safety
Standards--Underground Coal Mines;" as published in the July 1,
2014
2020
Code of Federal Regulations.
(h)
40 CFR
51.165; "Permit requirements;"
51 FR 40669, Nov. 7, 1986, as amended at 52 FR
24713, July 1, 1987; 52 FR 29386, Aug 7, 1987; 54 FR 27285, 27299 June 28,
1989; 57 FR 3946, Feb. 3, 1992; 57 FR 32334, July 21, 1992; 67 FR 80244, Dec.
31, 2002; 68 FR 63027, Nov. 7, 2003; 69 FR 40275, July 1, 2004; 70 FR 71698,
Nov. 29, 2005; 72 FR 24077, May 1, 2007; 72 FR 32528, June 13, 2007; 72 FR
72616, Dec. 21, 2007; 73 FR 28347, May 16, 2008;
as published in the July 1, 2020 Code of Federal
Regulations.
(i)
40 CFR
51.166; "Requirements for Preparation,
Adoption, and Submittal of Implementation Plans, Prevention of significant
deterioration of air quality;" as published in the July 1,
2012
2020
Code of Federal Regulations.
(j)
40 CFR
52.21; "Approval and Promulgation of
Implementation Plans, Prevention of significant deterioration of air quality;"
as published in the July 1, 2014
2020 Code of Federal Regulations.
(k)
40 CFR
60.15(b)(1); "Standards of
Performance for New Stationary Sources - Reconstruction;"
40 FR 58420, Dec. 16, 1975
as published in the July 1, 2020 Code of Federal
Regulations .
(l)
40
CFR 60.18; "General control device and work
practice requirements;" as published in the July 1, 2020 Code of Federal
Regulations.
(p)
40
CFR 4214; "What are my notification,
reporting, and recordkeeping requirements if I am an owner or operator of a
stationary CI internal combustion engine?;" as published in the July 1, 2020
Code of Federal Regulations.
(r)
40 CFR
60.4243; "What are my compliance requirements
if I am an owner or operator of a stationary SI internal combustion engine?;"
as published in the July 1, 2020 Code of Federal Regulations.
(s)
40 CFR
60.4245; "What are my notification,
reporting, and recordkeeping requirements if I am an owner or operator of a
stationary SI internal combustion engine?;" as published in the July 1, 2020
Code of Federal Regulations.
(w)
40
CFR 63.6585; "Am I subject to this subpart?;"
as published in the July 1, 2020 Code of Federal Regulations.
(y)
40 CFR
63.6650; " What reports must I submit and
when?;" as published in the July 1, 2020 Code of Federal
Regulations.
(z)
40
CFR 80.510; "What are the standards and
marker requirements for refiners and importers for NRLM diesel fuel and ECA
marine fuel?;" as published in the July 1, 2020 Code of Federal
Regulations.
(zz)
40 CFR part 60,
subpart JJJ; "Standards of Performance for Petroleum Dry Cleaners;" as
published in the July 1, 2020 Code of Federal Regulations.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(F), 3704.03(G)
Rule Amplifies: 3704.03(A), 3704.03(F), 3704.03(G)
Prior Effective Dates: 07/05/1973, 01/01/1974, 11/07/1979, 08/15/1982, 09/18/1987, 11/17/1988 (Emer.), 03/09/1989 (Emer.), 06/12/1989, 10/08/1993, 06/01/1994, 04/12/1996, 04/27/1998, 09/25/1998, 11/30/2001, 10/17/2003, 10/28/2004, 11/03/2006, 12/01/2006, 12/14/2007, 05/29/2014, 05/01/2016, 03/20/2017
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.