New major facilities or major modifications proposed for
location in a nonattainment area and which would be major for the nonattainment
regulated air pollutant are considered nonattainment new source review (NSR)
actions and are subject to the requirements in Section
204. Section
202 contains application
requirements and Section
209 contains processing
requirements for nonattainment NSR permitting actions. The intent of Section
204 is to incorporate the federal
nonattainment NSR rule requirements. (3-28-23)
01.
Incorporated Federal Program
Requirements. Requirements contained in the following subparts of
40 CFR
51.165 are incorporated by reference in
Section 107.
Requirements contained in the following subparts of
40 CFR
52.21, are incorporated by reference in
Section 107. These
CFR sections have been codified in the electronic CFR at
https://www.ecfr.gov/current/title-40.
|
40 CFR
Reference |
40 CFR Reference
Title |
|
40
CFR
51.165(a)(1) |
Definitions |
|
40
CFR 51.165(a)(2)(ii) -
51.165(a)(3) |
Applicability Provisions |
|
40
CFR 51.165(a)(6)(i) -
(v) |
Applicability Provisions |
|
40
CFR
52.21(aa) |
Actual PALs |
(3-28-23)
02.
Additional Requirements. The
applicant must demonstrate to the satisfaction of the Department the following:
(3-28-23)
a.
LAER. Except as
otherwise provided in Section
204, the new major facility or
major modification would be operated at the lowest achievable emission rate
(LAER) for the nonattainment regulated air pollutant, specifically: (3-28-23)
i. A new major facility would meet the lowest
achievable emission rate at each new emissions unit that emits the
nonattainment regulated air pollutant; and (3-28-23)
ii. A major modification would meet the
lowest achievable emission rate at each new or modified emissions unit that has
a net emissions increase of the nonattainment regulated air pollutant.
(3-28-23)
b.
Required offsets. Allowable emissions from the new major facility
or major modification are offset by reductions in actual emissions from
stationary sources, facilities, and/or mobile sources in the nonattainment area
so as to represent reasonable further progress. All offsetting emission
reductions must satisfy the requirements for emission reduction credits
(Section 460) and provide for a net air
quality benefit that satisfies the requirements of Section
208. If the offsets are provided by
other stationary sources or facilities, a permit to construct will not be
issued for the new major facility or major modification until the offsetting
reductions are made enforceable through the issuance of operating permits. The
new major facility or major modification may not commence operation, and an
operating permit for the new major facility or major modification will not be
effective before the date the offsetting reductions are achieved.
(3-28-23)
c.
Compliance
status. All other sources in the State owned or operated by the
applicant, or by any entity controlling, controlled by or under common control
with such person, are in compliance with all applicable emission limitations
and standards or subject to an enforceable compliance schedule.
(3-28-23)
d.
Effect on
visibility. The effect on visibility of any federal Class I area, Class
I area designated by the Department, or integral vista of a mandatory Class I
Federal Area, by the new major facility or major modification, is consistent
with making reasonable progress toward the national visibility goal referred to
in 40 CFR
51.300(a). The Department
may take into account the costs of compliance, the time necessary for
compliance, the energy and non-air quality environmental impacts of compliance
and the useful life of the source. Any integral vista which the Federal Land
Manager has not identified at least six (6) months prior to the submittal of a
complete application, or which the Department determines was not identified in
accordance with the criteria adopted pursuant to
40 CFR
51.304(a), may be exempted
from Section 204 by the
Department. (3-28-23)
03.
Nonmajor Requirements. If the proposed action meets the
requirements of an exemption or exclusion under the provisions of
40 CFR
51.165 or
40 CFR
52.21 incorporated in Section
204, the nonmajor facility or
stationary source permitting requirements of Sections
200 through
227 apply, including the exemptions
in Sections 220 through
223. (3-28-23)
