Current through Vol. 24-04, March 15, 2024
Rule 1802.
(1) This
part applies to the construction of a new major stationary source or a project
at an existing major stationary source in an area designated as attainment or
unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the clean air
act.
(2) The requirements of
R
336.2810 to
R
336.2818 apply to the construction of any new major
stationary source or the major modification of any existing major stationary
source, except as this rule otherwise provides.
(3) No new major stationary source or major
modification to which
R
336.2810 to
R
336.2818(2) apply shall begin actual
construction without a permit to install issued under
R
336.1201(1)(a) that states that the
major stationary source or major modification will meet those
requirements.
(4) This part applies
to the construction of new major sources and major modifications to existing
major sources in the following manner:
(a)
Except as otherwise provided in subrule (5) of this rule, and consistent with
the definition of major modification, a project is a major modification for a
regulated new source review pollutant if it causes both of the following types
of emissions increases:
(i) A significant
emissions increase.
(ii) A
significant net emissions increase. The project is not a major modification if
it does not cause a significant emissions increase. If the project causes a
significant emissions increase, then the project is a major modification only
if it also results in a significant net emissions increase.
(b) The procedure for calculating
whether a significant emissions increase will occur depends upon the type of
emissions units being modified. The procedure for calculating whether a
significant net emissions increase will occur at the major stationary source is
contained in the definition of net emissions increase. Regardless of
preconstruction projections, a major modification results if the project causes
a significant emissions increase and a significant net emissions
increase.
(c) The
actual-to-projected-actual applicability test may be used for projects that
only involve existing emissions units. A significant emissions increase of a
regulated new source review 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.
(d) The
actual-to-potential test may be used for projects that involve construction of
new emission units or modification of existing emission units. A significant
emissions increase of a regulated new source review pollutant is projected to
occur if the sum of the difference between the potential to emit from each new
or modified emission unit following completion of the project and the baseline
actual emissions of these units before the project equals or exceeds the
significant amount for that pollutant.
(e) The hybrid test may be used for projects
that involve multiple types of emissions units. A significant emissions
increase of a regulated new source review pollutant is projected to occur if
the sum of the emissions increases for each emissions unit, using the
appropriate methods specified in this subrule as applicable with respect to
each emissions unit, for each type of emissions unit equals or exceeds the
significant amount for that pollutant.
(5) For any major stationary source with a
plant wide applicability limit for a regulated new source review pollutant, the
major stationary source shall comply with
R 336.2823.
