Current through Register Vol. 49, No. 2, February 2024
CHAPTER
2:
DEFINITIONS
Terms and phrases used in this regulation which are not
explicitly defined herein shall have the same meaning as those terms which are
used in the federal Clean Air Act. For the purposes of this regulation:
"Actual emissions" means
(1) the actual rate of emissions of a
regulated New Source Review (NSR) pollutant from an emissions unit, as
determined in accordance with paragraphs (2) through (4) of this definition,
except that this definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a Plantwide
Applicability Limitation (PAL) under Chapter 8 of this regulation. Instead, the
definitions of "projected actual emissions" and "baseline actual emissions"
shall apply for those purposes.
(2)
In general, actual emissions as of a particular date shall equal the average
rate, in tons per year, at which the unit actually emitted the pollutant during
a consecutive 24-month period which precedes the particular date and which is
representative of normal source operation. The reviewing authority shall allow
the use of a different time period upon a determination that it is more
representative of normal source operation. Actual emissions shall be calculated
using the unit's actual operating hours, production rates, and types of
materials processed, stored, or combusted during the selected time
period.
(3) The reviewing authority
may presume that source-specific allowable emissions for the unit are
equivalent to the actual emissions of the unit.
(4) For any emissions unit that has not begun
normal operations on the particular date, actual emissions shall equal the
potential to emit of the unit on that date.
"Allowable emissions" means the
emissions rate of a stationary source calculated using the maximum rated
capacity of the source (unless the source is subject to federally enforceable
limits which restrict the operating rate, or hours of operation, or both) and
the most stringent of the following:
(1) The applicable standards set forth in 40
CFR Part 60 or 61;
(2) Any
applicable State Implementation Plan emissions limitation including those with
a future compliance date; or
(3)
The emissions rate specified as a federally enforceable permit condition,
including those with a future compliance date.
"Baseline actual emissions" means
the rate of emissions, in tons per year, of a regulated NSR pollutant, as
determined in accordance with paragraphs (1) through (4) of this
definition.
(1) For any existing
electric utility steam generating unit, baseline actual emissions means the
average rate, in tons per year, at which the unit actually emitted the
pollutant during any consecutive 24-month period selected by the owner or
operator within the 5-year period immediately preceding when the owner or
operator begins actual construction of the project. The reviewing authority
shall allow the use of a different time period upon a determination that it is
more representative of normal source operation.
(a) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(b)
The average rate shall be adjusted downward to exclude any non-compliant
emissions that occurred while the source was operating above any emission
limitation that was legally enforceable during the consecutive 24-month
period.
(c) For a regulated NSR
pollutant, when a project involves multiple emissions units, only one
consecutive 24-month period must be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
(d) The average rate shall not be based on
any consecutive 24-month period for which there is inadequate information for
determining annual emissions, in tons per year, and for adjusting this amount
if required by paragraph (1)(b) of this definition.
(2) For an existing emissions unit (other
than an electric utility steam generating unit), baseline actual emissions
means the average rate, in tons per year, at which the emissions unit actually
emitted the pollutant during any consecutive 24-month period selected by the
owner or operator within the 10- year period immediately preceding either the
date the owner or operator begins actual construction of the project, or the
date a complete permit application is received by the reviewing authority for a
permit required either under this section or under a plan approved by the EPA
Administrator, whichever is earlier, except that the 10-year period shall not
include any period earlier than November 15, 1990.
(a) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(b)
The average rate shall be adjusted downward to exclude any non-compliant
emissions that occurred while the source was operating above an emission
limitation that was legally enforceable during the consecutive 24-month
period.
(c) The average rate shall
be adjusted downward to exclude any emissions that would have exceeded an
emission limitation with which the major stationary source must currently
comply, had such major stationary source been required to comply with such
limitations during the consecutive 24-month period. However, if an emission
limitation is part of a maximum achievable control technology standard that the
EPA Administrator proposed or promulgated under Part 63 of this chapter, the
baseline actual emissions need only be adjusted if the State has taken credit
for such emissions reductions in an attainment demonstration or maintenance
plan consistent with the requirements of Reg. 31.405(H) of this
regulation.
(d) For a regulated NSR
pollutant, when a project involves multiple emissions units, only one
consecutive 24-month period must be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period can be used for each regulated NSR pollutant.
(e) The average rate shall not be based on
any consecutive 24-month period for which there is inadequate information for
determining annual emissions, in tons per year, and for adjusting this amount
if required by paragraphs (2)(b) and (c) of this definition.
(3) For a new emissions unit, the
baseline actual emissions for purposes of determining the emissions increase
that will result from the initial construction and operation of such unit shall
equal zero; and thereafter, for all other purposes, shall equal the unit's
potential to emit.
(4) 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 (1) of this definition, for other
existing emissions units in accordance with the procedures contained in
paragraph (2) of this definition, and for a new emissions unit in accordance
with the procedures contained in paragraph (3) of this definition.
"Begin actual construction" means
in general, initiation of physical on-site construction activities on an
emissions unit which are of a permanent nature. Such activities include, but
are not limited to, installation of building supports and foundations, laying
of underground pipework, and construction of permanent storage structures. With
respect to a change in method of operating this term refers to those on-site
activities other than preparatory activities which mark the initiation of the
change.
"Best available control technology"
(BACT) means an emissions limitation (including a visible
emissions 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 reviewing authority, on a case-by-case basis,
taking into account energy, environmental, and economic impacts and other
costs, determines is achievable for such source or modification through
application of production processes or available methods, systems, and
techniques, including fuel cleaning or treatment or innovative fuel combustion
techniques for control of such pollutant. In no event shall application of best
available control technology result in emissions of any pollutant which would
exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or
61. If the reviewing authority determines that technological or economic
limitations on the application of measurement methodology to a particular
emissions unit would make the imposition of an emissions standard infeasible, a
design, equipment, work practice, operational standard, or combination thereof,
may be prescribed instead to satisfy the requirement for the application of
BACT. Such standard shall, to the degree possible, set forth the emissions
reduction achievable by implementation of such design, equipment, work practice
or operation, and shall provide for compliance by means which achieve
equivalent results.
"Building, structure, facility, or
installation" means all of the pollutant-emitting activities
which belong to the same industrial grouping, are located on one or more
contiguous or adjacent properties, and are under the control of the same person
(or persons under common control) except the activities of any vessel.
Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same Major Group (i.e., which have
the same two-digit code) as described in the Standard Industrial Classification
Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing
Office stock numbers 4101-0065 and 003-005-00176 -0, respectively).
"Clean coal technology" means any
technology, including technologies applied at the precombustion, combustion, or
post combustion stage, at a new or existing facility which will achieve
significant reductions in air emissions of sulfur dioxide or oxides of nitrogen
associated with the utilization of coal in the generation of electricity, or
process steam which was not in widespread use as of November 15, 1990.
"Clean coal technology demonstration
project" means a project using funds appropriated under the
heading "Department of Energy-Clean Coal Technology," up to a total amount of
$2,500,000,000 for commercial demonstration of clean coal technology, or
similar projects funded through appropriations for the Environmental Protection
Agency. The Federal contribution for a qualifying project shall be at least 20
percent of the total cost of the demonstration project.
"Commence as applied to construction of a major
stationary source or major modification" means that the owner
or operator has all necessary preconstruction approvals or permits and either
has:
(1) Begun, or caused to begin, a
continuous program of actual on-site construction of the source, to be
completed within a reasonable time; or
(2) Entered into binding agreements or
contractual obligations, which cannot be canceled or modified without
substantial loss to the owner or operator, to undertake a program of actual
construction of the source to be completed within a reasonable time.
"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.
"Continuous emissions monitoring system"
(CEMS) means all of the equipment that may be required to meet
the data acquisition and availability requirements of this regulation, to
sample, condition (if applicable), analyze, and provide a record of emissions
on a continuous basis.
"Continuous emissions rate monitoring system"
(CERMS) means the total equipment required for the
determination and recording of the pollutant mass emissions rate (in terms of
mass per unit of time).
"Continuous parameter monitoring system"
(CPMS) means all of the equipment necessary to meet the data
acquisition and availability requirements of this regulation, 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, O2 or CO2
concentrations), and to record average operational parameter value(s) on a
continuous basis.
"Department" means the Arkansas
Department of Environmental Quality, or its successor. When reference is made
in this regulation to actions taken by or with reference to the Department, the
reference is to the staff of the Department acting at the direction of the
Director.
"Director" means the director of
the Arkansas Department of Environmental Quality, or its successor, acting
directly or through the staff of the Department.
"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 25 MW 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.
"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 steam generating unit as
defined in this chapter. For purposes of this regulation, there are two types
of emissions units as described in paragraphs (1) and (2) of this
definition.
(1) A new emissions unit
is any emissions unit which is (or will be) newly constructed and which has
existed for less than 2 years from the date such emissions unit first
operated.
(2) An existing emissions
unit is any emissions unit that does not meet the requirements in paragraph (1)
above. A replacement unit, as defined in this chapter, is an existing emissions
unit.
"Federal Land Manager" means,
with respect to any lands in the United States, the Secretary of the department
with authority over such lands.
"Federally enforceable" means all
limitations and conditions which are enforceable by the EPA Administrator,
including those requirements developed pursuant to 40 CFR Parts 60 and 61,
requirements within any applicable State implementation plan, any permit
requirements established pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Part 51, subpart I, including operating permits issued under an
EPA-approved program that is incorporated into the State implementation plan
and expressly requires adherence to any permit issued under such
program.
"Fugitive emissions" means those
emissions which could not reasonably pass through a stack, chimney, vent or
other functionally equivalent opening.
"Lowest achievable emission rate"
(LAER) means, for any source, the more stringent rate of
emissions based on the following:
(1)
The most stringent emissions limitation which is contained in the
implementation plan of any State for such class or category of stationary
source, unless the owner or operator of the proposed stationary source
demonstrates that such limitations are not achievable; or
(2) The most stringent emissions limitation
which is achieved in practice by such class or category of stationary sources.
This limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within or stationary
source. In no event shall the application of the term permit a proposed new or
modified stationary source to emit any pollutant in excess of the amount
allowable under an applicable new source standard of performance.
"Major modification" means
(1) any physical change in or change in the
method of operation of a major stationary source that would result in:
(a) A significant emissions increase of a
regulated NSR pollutant (as defined in this chapter); and
(b) A significant net emissions increase of
that pollutant from the major stationary source.
(2) Any significant emissions increase (as
defined in this chapter) from any emissions units or net emissions increase (as
defined in this chapter) at a major stationary source that is significant for
volatile organic compounds shall be considered significant for ozone.
(3) A physical change or change in the method
of operation shall not include:
(a) Routine
maintenance, repair and replacement.
(b) Use of an alternative fuel or raw
material by reason of an order under Sections 2 (a) and (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) Use of an
alternative fuel by reason of an order or rule Section 125 of the Clean Air
Act;
(d) Use of an alternative fuel
at a steam generating unit to the extent that the fuel is generated from
municipal solid waste;
(e) Use of
an alternative fuel or raw material by a stationary source which;
(i) The source was capable of accommodating
before December 21, 1976, unless such change would be prohibited under any
federally enforceable permit condition which was established after December 12,
1976 pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR subpart I or
40 CFR
51.166, or
(ii) The source is approved to use under any
permit issued under regulations approved pursuant to 40 CFR 165.
(f) An increase in the hours of
operation or in the production rate, unless such change is prohibited under any
federally enforceable permit condition which was established after December 21,
1976 pursuant to
40 CFR
52.21 or regulations approved pursuant to 40
CFR Part 51 Subpart I or
40 CFR
51.166.
(g) Any change in ownership at a stationary
source.
(h)
[Reserved]
(i) The
installation, operation, cessation, or removal of a temporary clean coal
technology demonstration project, provided that the project complies with:
(i) The State Implementation Plan for the
State in which the project is located, and
(ii) Other requirements necessary to attain
and maintain the national ambient air quality standard during the project and
after it is terminated.
(4) This definition shall not apply with
respect to a particular regulated NSR pollutant when the major stationary
source is complying with the requirements under Chapter 8 of this regulation
for a PAL for that pollutant. Instead, the definition at Reg. 31.802(H) of this
regulation shall apply.
(5) For the
purpose of applying the requirements of Reg. 31.409 of this regulation to
modifications at major stationary sources of nitrogen oxides located in ozone
nonattainment areas or in ozone transport regions, whether or not subject to
subpart 2, Part D, Title I of the Clean Air Act, any significant net emissions
increase of nitrogen oxides is considered significant for ozone.
(6) Any physical change in, or change in the
method of operation of, a major stationary source of volatile organic compounds
that results in any increase in emissions of volatile organic compounds from
any discrete operation, emissions unit, or other pollutant emitting activity at
the source shall be considered a significant net emissions increase and a major
modification for ozone, if the major stationary source is located in an extreme
ozone nonattainment area that is subject to subpart 2, Part D, Title I of the
Clean Air Act.
"Major stationary source"
means:
(1)
[Reserved]
(a) Any stationary source of air pollutants
which emits, or has the potential to emit 100 tons per year or more of any
regulated NSR pollutant, or
(b) Any
physical change that would occur at a stationary source not qualifying under
paragraph (1)(a) as a major stationary source, if the change would constitute a
major stationary source by itself.
(2) Any stationary source of air pollutants
that
(a) emits, or has the potential to emit,
100 tons per year or more of any regulated NSR pollutant, except that lower
emissions thresholds shall apply in areas subject to subpart 2, subpart 3, or
subpart 4 of Part D, Title I of the Clean Air Act, according to paragraphs
(1)(a)(i) through (vi) of this definition.
(i) 50 tons per year of volatile organic
compounds in any serious ozone nonattainment area.
(ii) 50 tons per year of volatile organic
compounds in an area within an ozone transport region, except for any severe or
extreme ozone nonattainment area.
(iii) 25 tons per year of volatile organic
compounds in any severe ozone nonattainment area.
(iv) 10 tons per year of volatile organic
compounds in any extreme ozone nonattainment area.
(v) 50 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 EPA Administrator).
(vi) 70 tons per year of PM-10 in any serious
nonattainment area for PM-10;
(b) For the purposes of applying the
requirements of Reg. 31.409 of this regulation to stationary sources of
nitrogen oxides located in an ozone nonattainment area or in an ozone transport
region, any stationary source which emits, or has the potential to emit, 100
tons per year or more of nitrogen oxides emissions, except that the emission
thresholds in paragraphs (1)(b)(i) through (vi) of this definition shall apply
in areas subject to subpart 2 of Part D, Title I of the Clean Air Act.
(i) 100 tons per year or more of nitrogen
oxides in any ozone nonattainment area classified as marginal or
moderate.
(ii) 100 tons per year or
more of nitrogen oxides in any ozone nonattainment area classified as a
transitional, submarginal, or incomplete or no data area, when such area is
located in an ozone transport region.
(iii) 100 tons per year or more of nitrogen
oxides in any area designated under Section 107(d) of the Clean Air Act as
attainment or unclassifiable for ozone that is located in an ozone transport
region.
(iv) 50 tons per year or
more of nitrogen oxides in any serious nonattainment area for ozone.
(v) 25 tons per year or more of nitrogen
oxides in any severe nonattainment area for ozone.
(vi) 10 tons per year or more of nitrogen
oxides in any extreme nonattainment area for ozone; or
(c) Any physical change that would occur at a
stationary source not qualifying under paragraphs (a) or (b) of this definition
as a major stationary source, if the change would constitute a major stationary
source by itself.
(3) A
major stationary source that is major for volatile organic compounds shall be
considered major for ozone.
(4) The
fugitive emissions of a stationary source shall not be included in determining
for any of the purposes of this paragraph whether it is a major stationary
source, unless the source belongs to one of the following categories of
stationary sources:
(a) Coal cleaning plants
(with thermal dryers);
(b) Kraft
pulp mills;
(c) Portland cement
plants;
(d) Primary zinc
smelters;
(e) Iron and steel
mills;
(f) Primary aluminum ore
reduction plants;
(g) Primary
copper smelters;
(h) Municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(i) Hydrofluoric, sulfuric, or
nitric acid plants;
(j) Petroleum
refineries;
(k) Lime
plants;
(l) Phosphate rock
processing plants;
(m) Coke oven
batteries;
(n) Sulfur recovery
plants;
(o) Carbon black plants
(furnace process);
(p) Primary lead
smelters;
(q) Fuel conversion
plants;
(r) Sintering
plants;
(s) Secondary metal
production plants;
(t) Chemical
process plants;
(u) Fossil-fuel
boilers (or combination thereof) totaling more than 250 million British thermal
units per hour heat input;
(v)
Petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels;
(w) Taconite ore
processing plants;
(x) Glass fiber
processing plants;
(y) Charcoal
production plants;
(z) Fossil
fuel-fired steam electric plants of more than 250 million British thermal units
per hour heat input; and
(aa) Any
other stationary source category which, as of August 7, 1980, is being
regulated under Section 111 or 112 of the Clean Air Act.
"Necessary preconstruction approvals or
permits" means those Federal air quality control laws and
regulations and those air quality control laws and regulations which are part
of the applicable State Implementation Plan.
"Net emissions increase"
means:
(1) with respect to any
regulated NSR pollutant emitted by a major stationary source, the amount by
which the sum of the following exceeds zero:
(a) The increase in emissions from a
particular physical change or change in the method of operation at a stationary
source as calculated pursuant to Chapter 4 of this regulation; and
(b) Any other increases and decreases in
actual emissions at the major stationary source that are contemporaneous with
the particular change and are otherwise creditable. Baseline actual emissions
for calculating increases and decreases under this paragraph shall be
determined as provided in this chapter, except that paragraphs (1)(c) and
(2)(d) of the definition of baseline actual emissions shall not
apply.
(2) An increase
or decrease in actual emissions is contemporaneous with the increase from the
particular change only if it occurs before the date that the increase from the
particular change occurs;
(3) An
increase or decrease in actual emissions is creditable only if:
(a) It occurs between:
(i) The date five years before construction
on the particular change commences; and
(ii) The date that the increase from the
particular change occurs.
(b) The reviewing authority has not relied on
it in issuing a permit for the source under this regulation, which permit is in
effect when the increase in actual emissions from the particular change occurs;
and
(c)
[Reserved]
(4) An increase in actual emissions is
creditable only to the extent that the new level of actual emissions exceeds
the old level.
(5) A decrease in
actual emissions is creditable only to the extent that:
(a) The old level of actual emission or the
old level of allowable emissions whichever is lower, exceeds the new level of
actual emissions;
(b) It is
enforceable as a practical matter at and after the time that actual
construction on the particular change begins; and
(c) The reviewing authority has not relied on
it in issuing any permit under regulations approved pursuant to 40 CFR Part 51
subpart I or the State has not relied on it in demonstrating attainment or
reasonable further progress;
(d) It
has approximately the same qualitative significance for public health and
welfare as that attributed to the increase from the particular change;
and
(e)
[Reserved]
(6) An increase that results from a physical
change at a source occurs when the emissions unit on which construction
occurred becomes operational and begins to emit a particular
pollutant.
(7) Paragraph (2) of the
definition of actual emissions shall not apply for determining creditable
increases and decreases or after a change.
"Nonattainment major new source review (NSR)
program" means a major source pre-construction permit program
that has been approved by the EPA Administrator and incorporated into the plan
to implement the requirements of
40 CFR
51.165, or a program that implements Part 51,
appendix S, Sections I through VI of that chapter. Any permit issued under such
a program is a major NSR permit..
"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.
"Potential to emit" means the
maximum capacity of a stationary source to emit a pollutant under its physical
and operational design. Any physical or operational limitation on the capacity
of the source to emit a pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design only if
the limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions do not count in determining the potential to
emit of a stationary source.
"Predictive emissions monitoring system"
(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, O2 or CO2 concentrations), and calculate and record the mass
emissions rate (for example, lb/hr) on a continuous basis.
"Prevention of Significant Deterioration (PSD)
permit" means any permit that is issued under Chapter 9 of the
Regulations of the Arkansas Plan of Implementation of Air Pollution Control,
Regulation 19.
"Projected actual emissions"
means,
(1) The maximum annual rate, in
tons per year, at which an existing emissions unit is projected to emit a
regulated NSR pollutant in any one of the 5 years (12-month period) following
the date the unit resumes regular operation after the project, or in any one of
the 10 years following that date, if the project involves increasing the
emissions unit's design capacity or its potential to emit of that regulated NSR
pollutant and full utilization of the unit would result in a significant
emissions increase or a significant net emissions increase at the major
stationary source.
(2) In
determining the projected actual emissions under paragraph (1) of this
definition before beginning actual construction, the owner or operator of the
major stationary source:
(a) Shall 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;
(b) Shall include fugitive emissions to the
extent quantifiable, and emissions associated with startups, shutdowns, and
malfunctions; and
(c) Shall
exclude, in calculating any increase in emissions that results from the
particular project, that portion of the unit's emissions following the project
that an existing unit could have accommodated during the consecutive 24-month
period used to establish the baseline actual emissions under this chapter and
that are also unrelated to the particular project, including any increased
utilization due to product demand growth; or,
(d) In lieu of using the method set out in
paragraphs (2)(a) through (c) of this definition, may elect to use the
emissions unit's potential to emit, in tons per year, as defined in this
chapter.
"Project" means a physical change
in, or change in the method of operation of, an existing major stationary
source.
"Regulated NSR pollutant," for
purposes of this regulation, means the following:
(1) Nitrogen oxides or any volatile organic
compounds;
(2) Any pollutant for
which a national ambient air quality standard has been promulgated;
or
(3) Any pollutant that is a
constituent or precursor of a general pollutant listed under paragraphs (1) or
(2) of this definition, provided that a constituent or precursor pollutant may
only be regulated under NSR as part of regulation of the general
pollutant.
"Replacement unit" means an
emissions unit for which all the criteria listed in paragraphs (1) through (4)
of this definition are met. No creditable emission reductions shall be
generated from shutting down the existing emissions unit that is
replaced.
(1) The emissions unit is a
reconstructed unit within the meaning of §
40 CFR
60.15(b)(1), or the
emissions unit completely takes the place of an existing emissions
unit.
(2) The emissions unit is
identical to or functionally equivalent to the replaced emissions
unit.
(3) The replacement does not
alter the basic design parameters of the process unit.
(4) The replaced emissions unit is
permanently removed from the major stationary source, otherwise permanently
disabled, or permanently barred from operation by a permit that is enforceable
as a practical matter. If the replaced emissions unit is brought back into
operation, it shall constitute a new emissions unit.
"Reviewing authority" means the
Arkansas Department of Environmental Quality.
"Secondary emissions" means
emissions which would occur as a result of the construction or operation of a
major stationary source or major modification, but do not come from the major
stationary source or major modification itself. For the purpose of this
section, secondary emissions must be specific, well defined, quantifiable, and
impact the same general area as the stationary source or modification which
causes the secondary emissions. Secondary emissions include emissions from any
off-site support facility which would not be constructed or increase its
emissions except as a result of the construction of operation of the major
stationary source of major modification. Secondary emissions do not include any
emissions which come directly from a mobile source such as emissions from the
tailpipe of a motor vehicle, from a train, or from a vessel.
"Significant" means:
(1) in reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a rate of
emissions that would equal or exceed any of the following rates:
Pollutant |
Emission Rate |
Carbon monoxide: |
100 tons per year (tpy) |
Nitrogen oxides: |
40 tpy |
Sulfur dioxide: |
40 tpy |
Ozone: |
40 tpy of volatile organic compounds or NOx |
Lead: |
0.6 tpy |
PM10 |
15 tpy PM10 |
(2)
Notwithstanding the significant emissions rate for ozone in paragraph (1) of
this definition, significant means, in reference to an emissions increase or a
net emissions increase, any increase in actual emissions of volatile organic
compounds that would result from any physical change in, or change in the
method of operation of, a major stationary source locating in a serious or
severe ozone nonattainment area that is subject to subpart 2, Part D, Title I
of the Clean Air Act, if such emissions increase of volatile organic compounds
exceeds 25 tons per year.
(3) For
the purposes of applying the requirements of Reg. 31.409 of this regulation to
modifications at major stationary sources of nitrogen oxides located in an
ozone nonattainment area or in an ozone transport region, the significant
emission rates and other requirements for volatile organic compounds in
paragraphs (1), (2), and (5) of this definition shall apply to nitrogen oxides
emissions.
(4) Notwithstanding the
significant emissions rate for carbon monoxide under paragraph (1) of this
definition, significant means, in reference to an emissions increase or a net
emissions increase, any increase in actual emissions of carbon monoxide that
would result from any physical change in, or change in the method of operation
of, a major stationary source in a serious nonattainment area for carbon
monoxide if such increase equals or exceeds 50 tons per year, provided the EPA
Administrator has determined that stationary sources contribute significantly
to carbon monoxide levels in that area.
(5) Notwithstanding the significant emissions
rates for ozone under paragraphs (1) and (2) of this definition, any increase
in actual emissions of volatile organic compounds from any emissions unit at a
major stationary source of volatile organic compounds located in an extreme
ozone nonattainment area that is subject to subpart 2, Part D, Title I of the
Clean Air Act shall be considered a significant net emissions
increase.
"Significant emissions increase"
means, for a regulated NSR pollutant, an increase in emissions that is
significant (as defined in this chapter) for that pollutant.
"Stationary source" means any
building, structure, facility, or installation which emits or may emit a
regulated NSR pollutant.
"Temporary clean coal technology demonstration
project" means a clean coal technology demonstration project
that is operated for a period of 5 years or less, and which complies with the
State Implementation Plan for the state in which the project is located and
other requirements necessary to attain and maintain the national ambient air
quality standards during the project and after it is terminated.
"Volatile organic compounds"
(VOC) means any compound of carbon, excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium
carbonate, which participates in atmospheric photochemical reactions.
(1) This includes any such organic compound
other than the following, which have been determined to have negligible
photochemical reactivity:
acetone;
methane;
ethane;
methylene chloride (dichloromethane);
1,1,1- trichloroethane (methyl chloroform);
perchloroethylene (tetrachloroethylene);
1,1,1 trichloro-2,2,2- trifluoroethane (CFC-113);
trichlorofluoromethane (CFC-11);
dichlorodifluoromethane (CFC-12);
chlorodifluoromethane (HCFC-22);
trifluoromethane (HFC-23);
1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114);
chloropentafluoroethane (CFC-115);
1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
1,1,1,2-tetrafluoroethane (HFC-134a);
1,1-dichloro 1-fluoroethane (HCFC-141b);
1 -chloro 1,1-difluoroethane (HCFC-142b);
2 -chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
pentaflurorethane (HFC-125);
1,1,2,2-tetrafluoroethane (HFC-134);
1,1,1-trifluoroethane (HFC-143a);
1,1-difluoroethane (HFC-152a);
parachlorobenzotrifluoride (PCBTF);
cyclic, branched, or linear completely methylated
siloxanes;
3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
difluoromethane (HFC-32);
ethylfluoride (HFC-161);
1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
1,1,2,2,3-pentafluoropropane (HFC-245ca);
1,1,2,3,3-pentafluoropropane (HFC 245ea);
1,1,1,2,3-pentafluoropropane (HFC-245eb);
1,1,1,3,3-pentafluoropropane (HFC-245fa);
1,1,1,2,3,3-hexafluoropropane (HFC-236ea);
1,1,1,3,3-pentafluorobutane (HFC-365mfc);
chlorofluoromethane (HCFC-31);
1 chloro-1-fluoroethane (HCFC-151a);
1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane
(C4F9OCH3
or HFE-7100);
2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane((CF3)2CFCF2OCH3);
1 -ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5
or HFE-7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5);
methyl acetate 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane
(n-C3F7 OCH3, HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl) hexane (HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC
227ea), and methyl formate (HCOOCH3), and
perfluorocarbon compounds which fall into these classes:
(a) cyclic, branched, or linear, completely
fluorinated alkanes;
(b) cyclic,
branched, or linear, completely fluorinated ethers with no
unsaturations;
(c) cyclic,
branched, or linear, completely fluorinated tertiary amines with no
unsaturations; and
(d) sulfur
containing perfluorocarbons with no saturations and with sulfur bonds only to
carbon and fluorine.
(2)
For purposes of determining compliance with emission limits, VOC will be
measured by the test methods in the approved SIP or 40 CFR Part 60, appendix A,
as applicable. Where such a method also measures compounds with negligible
photochemical reactivity, these negligibly-reactive compounds may be excluded
as VOC if the amount of such compounds is accurately quantified, and such
exclusion is approved by the Department.
(3) As a precondition to excluding these
compounds as VOC or at any time thereafter, the Department may require an owner
or operator to provide monitoring or testing methods and results demonstrating,
to the satisfaction of the Department, the amount of negligibly reactive
compounds in the sources' emissions.
(4) The following compound(s) are VOC for
purposes of all recordkeeping, emissions reporting, photochemical dispersion
modeling and inventory requirements which apply to VOC and shall be uniquely
identified in emission reports, but are not VOC for purposes of VOC emissions
limitations or VOC content requirements: t-butyl acetate.
CHAPTER
8:
ACTUAL PALs
Reg.
31.801
Applicability
(A) The reviewing authority may approve the
use of an actuals PAL for any existing major stationary source (except as
provided in Reg. 31.801(B) of this chapter) if the PAL meets the requirements
in Reg. 31.801 through Reg. 31.816 of this chapter. The term "PAL" shall mean
"actuals PAL" throughout this chapter.
(B) The reviewing authority shall not allow
an actuals PAL for VOC or NOx for any major stationary source located in an
extreme ozone nonattainment area.
(C) Any physical change in or change in the
method of operation of a major stationary source that maintains its total
source-wide emissions below the PAL level, meets the requirements in Reg.
31.801 through Reg. 31.816 of this chapter, and complies with the PAL permit:
(1)I
s not a major modification for the PAL pollutant;
(2) Does not have to be approved through the
plan's nonattainment major NSR program; and
(3) Is not subject to the provisions in Reg.
31.406 of this regulation (restrictions on relaxing enforceable emission
limitations that the major stationary source used to avoid applicability of the
nonattainment major NSR program).
(D) Except as provided under Reg.
31.801(C)(3) of this chapter, a major stationary source shall continue to
comply with all applicable Federal or State requirements, emission limitations,
and work practice requirements that were established prior to the effective
date of the PAL.
Reg.
31.802
Definitions
For purposes of this chapter the following definitions apply.
When a term is not defined in this chapter, it shall have the meaning given in
Chapter 2 of this regulation or in the federal Clean Air Act.
(A)
"Actuals PAL for a major
stationary source" means a PAL based on the baseline actual
emissions (as defined in Chapter 2 of this regulation) of all emissions units
(as defined in Chapter 2 of this regulation) at the source, that emit or have
the potential to emit the PAL pollutant.
(B)
"Allowable
emissions" means "allowable emissions" as defined in Chapter 2
of this regulation, except as this definition is modified according to Reg.
31.802(B)(1) through (2) of this chapter.
(1)
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) An emissions unit's potential to emit
shall be determined using the definition in Chapter 2 of this regulation,
except that the words "or enforceable as a practical matter" should be added
after "federally enforceable."
(C)
"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 Chapter 2 of this regulation or in the Clean Air
Act, whichever is lower.
(D)
"Major emissions unit" means:
(1) Any emissions unit that emits or has the
potential to emit 100 tons per year or more of the PAL pollutant in an
attainment area; or
(2) 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 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 50 or more tons of VOC per year.
(E)
"Plantwide
applicability limitation (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 Reg. 31.801 through Reg. 31.816 of this chapter.
(F)
"PAL effective
date" 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.
(G)
"PAL effective period" means the period beginning
with the PAL effective date and ending 10 years later.
(H)
"PAL major
modification" means, notwithstanding the definitions for major
modification and net emissions increase contained in Chapter 2 of this
regulation, 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.
(I)
"PAL permit" means the major NSR permit, the
minor NSR permit, or the State operating permit under a program that is
approved into the plan, or the Title V permit issued by the reviewing authority
that establishes a PAL for a major stationary source.
(J)
"PAL
pollutant" means the pollutant for which a PAL is established
at a major stationary source.
(K)
"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 Chapter 2 of
this regulation 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 major
emissions unit as defined in Reg. 31.802(D) of this chapter.
Reg. 31.803
Permit
Application Requirements
As part of a permit application requesting a PAL, the owner or
operator of a major stationary source shall submit the following information to
the reviewing authority for approval:
(A) A list of all emissions units at the
source designated as small, significant or major based on their potential to
emit. In addition, the owner or operator of the source shall indicate which, if
any, Federal or State applicable requirements, emission limitations or work
practices apply to each unit.
(B)
Calculations of the baseline actual emissions (with supporting documentation).
Baseline actual emissions are to include emissions associated not only with
operation of the unit, but also emissions associated with startup, shutdown and
malfunction.
(C) The calculation
procedures that the major stationary source owner or operator proposes to use
to convert the monitoring system data to monthly emissions and annual emissions
based on a 12-month rolling total for each month as required by Reg. 31.814(A)
of this chapter.
Reg.
31.804
General Requirements for Establishing PALs
(A) The plan allows the reviewing authority
to establish a PAL at a major stationary source, provided that at a minimum,
the requirements in Reg. 31.804(A)(1) through (7) of this chapter are met.
(1) The PAL shall impose an annual emission
limitation in tons per year, that is enforceable as a practical matter, for the
entire major stationary source. For each month during the PAL effective period
after the first 12 months of establishing a PAL, the major stationary source
owner or operator shall show that the sum of the monthly emissions from each
emissions unit under the PAL for the previous 12 consecutive months is less
than the PAL (a 12-month average, rolled monthly). For each month during the
first 11 months from the PAL effective date, the major stationary source owner
or operator shall show that the sum of the preceding monthly emissions from the
PAL effective date for each emissions unit under the PAL is less than the
PAL.
(2) The PAL shall be
established in a PAL permit that meets the public participation requirements in
Reg. 31.805 of this chapter.
(3)
The PAL permit shall contain all the requirements of Reg. 31.807 of this
chapter.
(4) The PAL shall include
fugitive emissions, to the extent quantifiable, from all emissions units that
emit or have the potential to emit the PAL pollutant at the major stationary
source.
(5) Each PAL shall regulate
emissions of only one pollutant.
(6) Each PAL shall have a PAL effective
period of 10 years.
(7) The owner
or operator of the major stationary source with a PAL shall comply with the
monitoring, recordkeeping, and reporting requirements provided in Reg. 31.813
through Reg. 31.815 of this chapter for each emissions unit under the PAL
through the PAL effective period.
(B) At no time (during or after the PAL
effective period) are emissions reductions of a PAL pollutant, which occur
during the PAL effective period, creditable as decreases for purposes of
offsets under Reg. 31.405(B) through (K) of this regulation unless the level of
the PAL is reduced by the amount of such emissions reductions and such
reductions would be creditable in the absence of the PAL.
Reg. 31.805
Public Participation
Requirement for PALs
PALs for existing major stationary sources shall be
established, renewed, or increased through a procedure that is consistent with
Chapter 3 of this regulation. This includes the requirement that the reviewing
authority provide the public with notice of the proposed approval of a PAL
permit and at least a 30-day period for submittal of public comment. The
reviewing authority must address all material comments before taking final
action on the permit.
Reg.
31.806
Setting the 10-year Actuals PAL Level
(A) Except as provided in Reg. 31.806(B) of
this chapter, the plan shall provide that the actuals PAL level for a major
stationary source shall be established as the sum of the baseline actual
emissions (as defined in Chapter 2 of this regulation) of the PAL pollutant for
each emissions unit at the source; plus an amount equal to the applicable
significant level for the PAL pollutant under Chapter 2 of this regulation or
under the Clean Air Act, whichever is lower. When establishing the actuals PAL
level, for a PAL pollutant, only one consecutive 24-month period must be used
to determine the baseline actual emissions for all existing emissions units.
However, a different consecutive 24-month period may be used for each different
PAL pollutant. Emissions associated with units that were permanently shut down
after this 24-month period must be subtracted from the PAL level. The reviewing
authority shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit
to become effective on the future compliance date(s) of any applicable Federal
or State regulatory requirement(s) that the reviewing authority is aware of
prior to issuance of the PAL permit. For instance, if the source owner or
operator will be required to reduce emissions from industrial boilers in half
from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the
permit shall contain a future effective PAL level that is equal to the current
PAL level reduced by half of the original baseline emissions of such
unit(s).
(B) For newly constructed
units (which do not include modifications to existing units) on which actual
construction began after the 24-month period, in lieu of adding the baseline
actual emissions as specified in Reg. 31.806(A) of this chapter, the emissions
must be added to the PAL level in an amount equal to the potential to emit of
the units.
Reg. 31.807
Contents of the PAL Permit
Any PAL permit issued under this chapter shall contain the
following information:
(A) The PAL
pollutant and the applicable source-wide emission limitation in tons per
year.
(B) The PAL permit effective
date and the expiration date of the PAL (PAL effective period).
(C) Specification in the PAL permit that if a
major stationary source owner or operator applies to renew a PAL in accordance
with Reg. 31.811 of this chapter before the end of the PAL effective period,
then the PAL shall not expire at the end of the PAL effective period. It shall
remain in effect until a revised PAL permit is issued by the reviewing
authority.
(D) A requirement that
emission calculations for compliance purposes include emissions from startups,
shutdowns and malfunctions.
(E) A
requirement that, once the PAL expires, the major stationary source is subject
to the requirements of Reg. 31.810 of this chapter.
(F) The calculation procedures that the major
stationary source owner or operator shall use to convert the monitoring system
data to monthly emissions and annual emissions based on a 12-month rolling
total for each month as required by Reg. 31.814(A) of this chapter.
(G) A requirement that the major stationary
source owner or operator monitor all emissions units in accordance with the
provisions under Reg. 31.813 of this chapter.
(H) A requirement to retain the records
required under Reg. 31.814 of this chapter on site. Such records may be
retained in an electronic format.
(I) A requirement to submit the reports
required under Reg. 31.815 of this chapter by the required deadlines.
(J) Any other requirements that the reviewing
authority deems necessary to implement and enforce the PAL.
Reg. 31.808
Reopening of the
PAL Permit
(A) During the PAL
effective period, the PAL permit shall be reopened to:
(1) Correct typographical/calculation errors
made in setting the PAL or reflect a more accurate determination of emissions
used to establish the PAL.
(2)
Reduce the PAL if the owner or operator of the major stationary source creates
creditable emissions reductions for use as offsets under Reg. 31.405(B) through
(K) of this regulation.
(3) Revise
the PAL to reflect an increase in the PAL as provided under Reg. 31.812 of this
chapter.
(B) The PAL
permit may be reopened to:
(1) Reduce the PAL
to reflect newly applicable Federal requirements (for example, NSPS) with
compliance dates after the PAL effective date.
(2) Reduce the PAL consistent with any other
requirement, that is enforceable as a practical matter, and that the State may
impose on the major stationary source under the plan.
(3) Reduce the PAL if the reviewing authority
determines that a reduction is necessary to avoid causing or contributing to a
NAAQS or PSD increment violation, or to an adverse impact on an air quality
related value that has been identified for a Federal Class I area by a Federal
Land Manager and for which information is available to the general
public.
(C) Except for
the permit reopening in Reg. 31.808(A)(1) of this chapter for the correction of
typographical/calculation errors that do not increase the PAL level, all other
reopenings shall be carried out in accordance with the public participation
requirements of Reg. 31.805 of this chapter.
Reg. 31.809
PAL Effective Period
A PAL shall have an effective period of 10 years.
Reg. 31.810
Expiration of a
PAL
Any PAL which is not renewed in accordance with the procedures
in Reg. 31.811 of this chapter shall expire at the end of the PAL effective
period, and the requirements in Reg. 31.810(A) through (E) of this chapter
shall apply.
(A) Each emissions unit
(or each group of emissions units) that existed under the PAL shall comply with
an allowable emission limitation under a revised permit established according
to the procedures in Reg. 31.810(A)(1) through (2) of this chapter.
(1) Within the time frame specified for PAL
renewals in Reg. 31.811(B) of this chapter, the major stationary source shall
submit a proposed allowable emission limitation for each emissions unit (or
each group of emissions units, if such a distribution is more appropriate as
decided by the reviewing authority) by distributing the PAL allowable emissions
for the major stationary source among each of the emissions units that existed
under the PAL. If the PAL had not yet been adjusted for an applicable
requirement that became effective during the PAL effective period, as required
under Reg. 31.811(E) of this chapter, such distribution shall be made as if the
PAL had been adjusted.
(2) The
reviewing authority shall decide whether and how the PAL allowable emissions
will be distributed and issue a revised permit incorporating allowable limits
for each emissions unit, or each group of emissions units, as the reviewing
authority determines is appropriate.
(B) Each emissions unit(s) shall comply with
the allowable emission limitation on a 12-month rolling basis. The reviewing
authority may approve the use of monitoring systems (source testing, emission
factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance
with the allowable emission limitation.
(C) Until the reviewing authority issues the
revised permit incorporating allowable limits for each emissions unit, or each
group of emissions units, as required under Reg. 31.810(A)(1) of this chapter,
the source shall continue to comply with a source-wide, multi-unit emissions
cap equivalent to the level of the PAL emission limitation.
(D) Any physical change or change in the
method of operation at the major stationary source will be subject to the
nonattainment major NSR requirements if such change meets the definition of
major modification in Chapter 2 of thisregulation.
(E) The major stationary source owner or
operator shall continue to comply with any State or Federal applicable
requirements (BACT, RACT, NSPS, etc.) that may have applied either during the
PAL effective period or prior to the PAL effective period except for those
emission limitations that had been established pursuant to Reg. 31.406 of this
regulation, but were eliminated by the PAL in accordance with the provisions in
Reg. 31.801(C)(3) of this chapter.
Reg. 31.811
Renewal of a PAL
(A) The reviewing authority shall follow the
procedures specified in Reg. 31.805 of this chapter in approving any request to
renew a PAL for a major stationary source, and shall provide both the proposed
PAL level and a written rationale for the proposed PAL level to the public for
review and comment. During such public review, any person may propose a PAL
level for the source for consideration by the reviewing authority.
(B) Application deadline.
A major stationary source owner or operator shall submit a
timely application to the reviewing authority to request renewal of a PAL. A
timely application is one that is submitted at least 6 months prior to, but not
earlier than 18 months from, the date of permit expiration. This deadline for
application submittal is to ensure that the permit will not expire before the
permit is renewed. If the owner or operator of a major stationary source
submits a complete application to renew the PAL within this time period, then
the PAL shall continue to be effective until the revised permit with the
renewed PAL is issued.
(C)
Application requirements.
The application to renew a PAL permit shall contain the
information required in Reg. 31.811(C)(1) through (4) of this chapter.
(1) The information required in Reg.
31.803(A) through (C) of this chapter.
(2) A proposed PAL level.
(3) The sum of the potential to emit of all
emissions units under the PAL (with supporting documentation).
(4) Any other information the owner or
operator wishes the reviewing authority to consider in determining the
appropriate level for renewing the PAL.
(D) PAL adjustment.
In determining whether and how to adjust the PAL, the reviewing
authority shall consider the options outlined in Reg. 31.811(D)(1) and (2) of
this chapter. However, in no case may any such adjustment fail to comply with
Reg. 31.811(D)(3) of this chapter.
(1)
If the emissions level calculated in accordance with Reg. 31.806 of this
chapter is equal to or greater than 80 percent of the PAL level, the reviewing
authority may renew the PAL at the same level without considering the factors
set forth in Reg. 31.811(D)(2) of this chapter; or
(2) The reviewing authority may set the PAL
at a level that it determines to be more representative of the source's
baseline actual emissions, or that it determines to be appropriate considering
air quality needs, advances in control technology, anticipated economic growth
in the area, desire to reward or encourage the source's voluntary emissions
reductions, or other factors as specifically identified by the reviewing
authority in its written rationale.
(3) Notwithstanding Reg. 31.811(D)(1) and (2)
of this chapter,
(a) If the potential to emit
of the major stationary source is less than the PAL, the reviewing authority
shall adjust the PAL to a level no greater than the potential to emit of the
source; and
(b) The reviewing
authority shall not approve a renewed PAL level higher than the current PAL,
unless the major stationary source has complied with the provisions of Reg.
31.812 of this chapter (increasing a PAL).
(E) If the compliance date for a State or
Federal requirement that applies to the PAL source occurs during the PAL
effective period, and if the reviewing authority has not already adjusted for
such requirement, the PAL shall be adjusted at the time of PAL permit renewal
or Title V permit renewal, whichever occurs first.
Reg. 31.812
Increasing a PAL During the
PAL Effective Period
(A) The reviewing
authority may increase a PAL emission limitation only if the major stationary
source complies with the provisions in Reg. 31.812(A)(1) through (4) of this
chapter.
(1) The owner or operator of the
major stationary source shall submit a complete application to request an
increase in the PAL limit for a PAL major modification. Such application shall
identify the emissions unit(s) contributing to the increase in emissions so as
to cause the major stationary source's emissions to equal or exceed its
PAL.
(2) As part of this
application, the major stationary source owner or operator shall demonstrate
that the sum of the baseline actual emissions of the small emissions units,
plus the sum of the baseline actual emissions of the significant and major
emissions units assuming application of BACT equivalent controls, plus the sum
of the allowable emissions of the new or modified emissions unit(s) exceeds the
PAL. The level of control that would result from BACT equivalent controls on
each significant or major emissions unit shall be determined by conducting a
new BACT analysis at the time the application is submitted, unless the
emissions unit is currently required to comply with a BACT or LAER requirement
that was established within the preceding 10 years. In such a case, the assumed
control level for that emissions unit shall be equal to the level of BACT or
LAER with which that emissions unit must currently comply.
(3) The owner or operator obtains a major NSR
permit for all emissions unit(s) identified in Reg. 31.812(A)(1) of this
chapter, regardless of the magnitude of the emissions increase resulting from
them (that is, no significant levels apply). These emissions unit(s) shall
comply with any emissions requirements resulting from the nonattainment major
NSR program process (for example, LAER), even though they have also become
subject to the PAL or continue to be subject to the PAL.
(4) The PAL permit shall require that the
increased PAL level shall be effective on the day any emissions unit that is
part of the PAL major modification becomes operational and begins to emit the
PAL pollutant.
(B) The
reviewing authority shall calculate the new PAL as the sum of the allowable
emissions for each modified or new emissions unit, plus the sum of the baseline
actual emissions of the significant and major emissions units (assuming
application of BACT equivalent controls as determined in accordance with Reg.
31.812(A)(2)), plus the sum of the baseline actual emissions of the small
emissions units.
(C) The PAL permit
shall be revised to reflect the increased PAL level pursuant to the public
notice requirements of Reg. 31.805 of this chapter.
Reg. 31.813
Monitoring Requirements for
PALs
(A) General Requirements.
(1) Each PAL permit must contain enforceable
requirements for the monitoring system that accurately determines plantwide
emissions of the PAL pollutant in terms of mass per unit of time. Any
monitoring system authorized for use in the PAL permit must be based on sound
science and meet generally acceptable scientific procedures for data quality
and manipulation. Additionally, the information generated by such system must
meet minimum legal requirements for admissibility in a judicial proceeding to
enforce the PAL permit.
(2) The PAL
monitoring system must employ one or more of the four general monitoring
approaches meeting the minimum requirements set forth in Reg. 31.813(B)(1)
through (4) of this chapter and must be approved by the reviewing
authority.
(3) Notwithstanding Reg.
31.813(A)(2) of this chapter, an owner or operator may also employ an
alternative monitoring approach that meets Reg. 31.813(A)(1) of this chapter if
approved by the reviewing authority.
(4) Failure to use a monitoring system that
meets the requirements of this chapter renders the PAL invalid.
(B) Minimum Performance
Requirements for Approved Monitoring Approaches.
The following are acceptable general monitoring approaches when
conducted in accordance with the minimum requirements in Reg. 31.813(C) through
(I) of this chapter:
(1) Mass balance
calculations for activities using coatings or solvents;
(2) CEMS;
(3) CPMS or PEMS; and
(4) Emission Factors.
(C) Mass Balance Calculations.
An owner or operator using mass balance calculations to monitor
PAL pollutant emissions from activities using coating or solvents shall meet
the following requirements:
(1)
Provide a demonstrated means of validating the published content of the PAL
pollutant that is contained in or created by all materials used in or at the
emissions unit;
(2) Assume that the
emissions unit emits all of the PAL pollutant that is contained in or created
by any raw material or fuel used in or at the emissions unit, if it cannot
otherwise be accounted for in the process; and
(3) Where the vendor of a material or fuel,
which is used in or at the emissions unit, publishes a range of pollutant
content from such material, the owner or operator must use the highest value of
the range to calculate the PAL pollutant emissions unless the reviewing
authority determines there is site-specific data or a site-specific monitoring
program to support another content within the range.
(D) CEMS.
An owner or operator using CEMS to monitor PAL pollutant
emissions shall meet the following requirements:
(1) CEMS must comply with applicable
Performance Specifications found in 40 CFR Part 60, appendix B; and
(2) CEMS must sample, analyze and record data
at least every 15 minutes while the emissions unit is operating.
(E) CPMS or PEMS.
An owner or operator using CPMS or PEMS to monitor PAL
pollutant emissions shall meet the following requirements:
(1) The CPMS or the PEMS must be based on
current site-specific data demonstrating a correlation between the monitored
parameter(s) and the PAL pollutant emissions across the range of operation of
the emissions unit; and
(2) Each
CPMS or PEMS must sample, analyze, and record data at least every 15 minutes,
or at another less frequent interval approved by the reviewing authority, while
the emissions unit is operating.
(F) Emission factors.
An owner or operator using emission factors to monitor PAL
pollutant emissions shall meet the following requirements:
(1) All emission factors shall be adjusted,
if appropriate, to account for the degree of uncertainty or limitations in the
factors' development;
(2) The
emissions unit shall operate within the designated range of use for the
emission factor, if applicable; and
(3) If technically practicable, the owner or
operator of a significant emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct validation testing to determine
a site-specific emission factor within 6 months of PAL permit issuance, unless
the reviewing authority determines that testing is not required.
(G) A source owner or operator
must record and report maximum potential emissions without considering
enforceable emission limitations or operational restrictions for an emissions
unit during any period of time that there is no monitoring data, unless another
method for determining emissions during such periods is specified in the PAL
permit.
(H) Notwithstanding the
requirements in Reg. 31.813(C) through (G) of this chapter, where an owner or
operator of an emissions unit cannot demonstrate a correlation between the
monitored parameter(s) and the PAL pollutant emissions rate at all operating
points of the emissions unit, the reviewing authority shall, at the time of
permit issuance:
(1) Establish default
value(s) for determining compliance with the PAL based on the highest potential
emissions reasonably estimated at such operating point(s); or
(2) Determine that operation of the emissions
unit during operating conditions when there is no correlation between monitored
parameter(s) and the PAL pollutant emissions is a violation of the
PAL.
(I) Re-validation.
All data used to establish the PAL pollutant must be
re-validated through performance testing or other scientifically valid means
approved by the reviewing authority. Such testing must occur at least once
every 5 years after issuance of the PAL.
Reg. 31.814
Recordkeeping
Requirements
(A) An owner or operator
shall retain a copy of all records necessary to determine compliance with any
requirement of this chapter and of the PAL, including a determination of each
emissions unit's 12-month rolling total emissions, for 5 years from the date of
such record.
(B) An owner or
operator shall retain a copy of the following records for the duration of the
PAL effective period plus 5 years:
(1) A copy
of the PAL permit application and any applications for revisions to the PAL;
and
(2) Each annual certification
of compliance pursuant to Title V and the data relied on in certifying the
compliance.
Reg.
31.815
Reporting and Notification Requirements
The owner or operator shall submit semi-annual monitoring
reports and prompt deviation reports to the reviewing authority in accordance
with the applicable Title V operating permit program. The reports shall meet
the requirements in Reg. 31.815(A) through (C).
(A) Semi-Annual Report.
The semi-annual report shall be submitted to the reviewing
authority within 30 days of the end of each reporting period. This report shall
contain the information required in Reg. 31.815(A)(1) through (7) of this
chapter.
(1) The identification of
owner and operator and the permit number.
(2) Total annual emissions (tons/year) based
on a 12-month rolling total for each month in the reporting period recorded
pursuant to Reg. 31.814(A) of this chapter.
(3) All data relied upon, including, but not
limited to, any Quality Assurance or Quality Control data, in calculating the
monthly and annual PAL pollutant emissions.
(4) A list of any emissions units modified or
added to the major stationary source during the preceding 6-month
period.
(5) The number, duration,
and cause of any deviations or monitoring malfunctions (other than the time
associated with zero and span calibration checks), and any corrective action
taken.
(6) A notification of a
shutdown of any monitoring system, whether the shutdown was permanent or
temporary, the reason for the shutdown, the anticipated date that the
monitoring system will be fully operational or replaced with another monitoring
system, and whether the emissions unit monitored by the monitoring system
continued to operate, and the calculation of the emissions of the pollutant or
the number determined by method included in the permit, as provided by Reg.
31.813(G) of this chapter.
(7) A
signed statement by the responsible official (as defined by the applicable
Title V operating permit program) certifying the truth, accuracy, and
completeness of the information provided in the report.
(B) Deviation report.
The major stationary source owner or operator shall promptly
submit reports of any deviations or exceedance of the PAL requirements,
including periods where no monitoring is available. A report submitted pursuant
to 26.701(C)(3)(b) of Arkansas Pollution Control and Ecology Commission,
Regulation 26 shall satisfy this reporting requirement. The deviation reports
shall be submitted within the time limits prescribed by 26.701(C)(3)(a) of
Regulation 26. The reports shall contain the following information:
(1) The identification of owner and operator
and the permit number;
(2) The PAL
requirement that experienced the deviation or that was exceeded;
(3) Emissions resulting from the deviation or
the exceedance; and
(4) A signed
statement by the responsible official (as defined by the applicable Title V
operating permit program) certifying the truth, accuracy, and completeness of
the information provided in the report.
(C) Re-validation results.
The owner or operator shall submit to the reviewing authority
the results of any re-validation test or method within 3 months after
completion of such test or method.
Reg. 31.816
Transition
Requirements
(A) The reviewing
authority may supersede any PAL which was established prior to the date of
approval of this regulation with a PAL that complies with the requirements of
Reg. 31.801 through Reg. 31.816 of this chapter.
(B) No reviewing authority may issue a PAL
that does not comply with the requirements of Reg. 31.801 through Reg. 31.816
of this chapter after the Administrator has approved regulations incorporating
these requirements into a plan.