Current through Register Vol. 48, No. 38, September 20, 2024
a)
For purposes of this Part, the term "major stationary source" shall exclusively
mean "building, structure and facility," as those terms are defined in Section
203.113 of this
Part.
b) The following constitute a
major stationary source:
1) For an area
designated as nonattainment for ozone, a major stationary source is a
stationary source which emits or has the potential to emit volatile organic
material in an amount equal to or greater than the following:
A) 100 tons per year in an area classified as
marginal or moderate nonattainment for ozone;
B) 50 tons per year in an area classified as
serious nonattainment for ozone;
C)
25 tons per year in an area classified as severe nonattainment for ozone;
and
D) 10 tons per year in an area
classified as extreme nonattainment for ozone.
2) For an area designated as nonattainment
for nitrogen dioxide, a major stationary source is a stationary source which
emits or has the potential to emit 100 tons per year or more of nitrogen
dioxide.
3) For an area designated
as nonattainment for ozone, a major stationary source is a stationary source
which emits or has the potential to emit nitrogen oxides in an amount equal to
or greater than the following, unless United States Environmental Protection
Agency (USEPA) has made a finding under Sections 110 and 182(f) of the Clean
Air Act that controlling of emissions of nitrogen oxides from such source shall
not be required:
A) 100 tons per year in an
area classified as marginal or moderate nonattainment for ozone,
B) 50 tons per year in an area classified as
serious nonattainment for ozone,
C)
25 tons per year in an area classified as severe nonattainment for ozone,
and
D) 10 tons per year in an area
classified as extreme nonattainment for ozone.
4) For an area designated nonattainment for
PM-10, a major stationary source is a stationary source which emits or has the
potential to emit:
A) 100 tons per year or
more of PM-10 in an area classified as moderate nonattainment area,
or
B) 70 tons per year or more of
PM-10 in an area classified as serious nonattainment.
5) For an area designated nonattainment for
carbon monoxide, a major stationary source is a stationary source which emits
or has the potential to emit:
A) 100 tons per
year or more of carbon monoxide in a nonattainment area, except as provided in
subsection (b)(5)(B),
B) 50 tons
per year or more in an area classified as "serious" nonattainment for carbon
monoxide where stationary sources significantly contribute to ambient carbon
monoxide levels, as determined under rules issued by USEPA, pursuant to the
Clean Air Act.
6) For an
area designated nonattainment for a pollutant other than ozone, nitrogen
dioxide, PM-10 or carbon monoxide, a major stationary source is a stationary
source which emits or has the potential to emit 100 tons per year or more of
the pollutant.
c) Any
physical change that occurs at a stationary source which does not qualify under
subsection (a) of this Section as a major stationary source will be considered
a major stationary source, if the change would constitute a major stationary
source by itself.
d) For purposes
of this Part, in areas that are classified as serious, severe, or extreme
nonattainment, the fugitive emissions of a stationary source shall be included
in determining whether it is a major stationary source. In areas that are not
classified as serious, severe or extreme nonattainment, the fugitive emissions
of a stationary source shall not be included in determining whether it is a
major stationary source, unless the source belongs to one of the following
categories of stationary sources:
1) Coal
cleaning plants (with thermal dryers);
2) Kraft pulp mills;
3) Portland cement plants;
4) Primary zinc smelters;
5) Iron and steel mills;
6) Primary aluminum ore reduction
plants;
7) Primary copper
smelters;
8) Municipal incinerators
capable of charging more than 250 tons of refuse per day;
9) Hydrofluoric, sulfuric, or nitric acid
plants;
10) Petroleum
refineries;
11) Lime
plants;
12) Phosphate rock
processing plants;
13) Coke oven
batteries;
14) Sulfer recovery
plants;
15) Carbon black plants
(furnace process);
16) Primary lead
smelters;
17) Fuel conversion
plants;
18) Sintering
plants;
19) Secondary metal
production plants;
20) Chemical
process plants;
21) Fossil-fuel
boilers (or combination thereof) totaling more than 250 million Btu per hour
heat input;
22) Petroleum storage
and transfer units with a total storage capacity exceeding 300,000
barrels;
23) Taconite ore
processing plants;
24) Glass fiber
processing plants;
25) Charcoal
production plants;
26) Fossil
fuel-fired steam electric plants of more than 250 million Btu per hour heat
input;
27) Any other stationary
source categories regulated by a standard promulgated under Section 111 or 112
of the Clean Air Act (
42 U.S.C.
7411,
7412) ,
but only with respect to those air pollutants that have been regulated for that
category;
28) Any other stationary
source category designated by the USEPA by rule.