Current through Vol. 24-04, March 15, 2024
Rule 1901. The following definitions apply to terms used in
this part. If a term defined here is also defined elsewhere in these rules,
then the definition contained here supersedes for this part only:
(a) "Actual emissions" means the actual rate
of emissions of a regulated new source review pollutant from an emissions unit,
as determined under
R
336.1101(b), except that this
definition shall not apply for calculating whether a significant emissions
increase has occurred, or for establishing a plant wide applicability limit
under
R 336.2907. Instead, the terms
"projected actual emissions" and "baseline actual emissions" shall apply for
those purposes.
(b) "Baseline
actual emissions" means the rate of emissions, in tons per year, of a regulated
new source review pollutant, as determined by the following:
(i) 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 department shall allow the use of a different time period upon
a determination that it is more representative of normal source operation. The
following shall apply:
(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 new source review
pollutant, when a project involves multiple emissions units, only one
consecutive 24-month period shall be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period may be used for each regulated new source review
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 (i)(B) of this
subdivision.
(ii) 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 department for a permit required under
R
336.1201, whichever is earlier, except that the
10-year period shall not include any period earlier than November 15, 1990. All
of the following shall apply:
(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
the major stationary source been required to comply with the limitations during
the consecutive 24-month period. However, if an emission limitation is part of
a maximum achievable control technology standard that the United States
environmental protection agency proposed or promulgated under 40 C.F.R. part
63, adopted by reference in
R
336.1902, then the baseline actual emissions need only
be adjusted if the department has taken credit for such emissions reductions in
an attainment demonstration or maintenance plan.
(D) For a regulated new source review
pollutant, when a project involves multiple emissions units, only 1 consecutive
24-month period shall be used to determine the baseline actual emissions for
the emissions units being changed. A different consecutive 24-month period may
be used for each regulated new source review 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 subparagraphs (B) and (C) of this paragraph.
(iii) 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.
(iv) For
a plant wide applicability limit for a major stationary source, the baseline
actual emissions shall be calculated for existing electric utility steam
generating units under paragraph (i) of this subdivision, for other existing
emissions units under paragraph (ii) of this subdivision, and for a new
emissions unit under paragraph (iii) of this subdivision.
(c) "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. "A
change in method of operation" refers to those on-site activities other than
preparatory activities which mark the initiation of the change.
(d) "Best available control technology" or
"BACT" means an emissions limitation, including a visible emissions standard,
based on the maximum degree of reduction for each regulated new source review
pollutant which would be emitted from any proposed major stationary source or
major modification which the department, 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. Application of best available control technology shall not
result in emissions of any pollutant which would exceed the emissions allowed
by any applicable standard under 40 C.F.R. part 60 or 61, adopted by reference
in
R
336.1902. If the department 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, then a design, equipment, work practice,
operational standard, or combination thereof, may be prescribed instead to
satisfy the requirement for the application of BACT. The standard shall, to the
degree possible, set forth the emissions reduction achievable by implementation
of the design, equipment, work practice, or operation, and shall provide for
compliance by means which achieve equivalent results.
(e) "Building, structure, facility, or
installation" means all of the pollutant-emitting activities which belong to
the same industrial grouping, are located on 1 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 are part of the same industrial grouping if they have the same
2-digit major group code associated with their primary activity. Major group
codes and primary activities are described in the standard industrial
classification manual, 1987. For assistance in converting North American
industrial classification system codes to standard industrial classification
codes see http://www.census.gov/epcd/naics02/.
(f) "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.
(g) "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 United States
environmental protection agency. The federal contribution for a qualifying
project shall be at least 20% of the total cost of the demonstration
project.
(i) "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 either
of the following:
(i) Begun, or caused to
begin, a continuous program of actual on-site construction of the source, to be
completed within a reasonable time.
(ii) 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.
(j) "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.
(k) "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 rule, to sample, condition,
if applicable, analyze, and provide a record of emissions on a continuous
basis.
(l) "Continuous emissions
rate monitoring system" or "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.
(m)
"Continuous parameter monitoring system" or "CPMS" means all of the equipment
necessary to meet the data acquisition and availability requirements of this
rule, to monitor process and control device operational parameters and other
information, and to record average operational parameter values on a continuous
basis.
(n) "Electric utility steam
generating unit" means any steam electric generating unit that is constructed
for the purpose of supplying more than 1/3 of its potential electric output
capacity and more than 25 megawatts 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.
(o) "Emissions unit" means any part of a
stationary source that emits or would have the potential to emit any regulated
new source review pollutant. The term emissions unit includes an electric steam
generating unit. Each emissions unit can be classified as either new or
existing based on the following:
(i) A new
emissions unit is any emissions unit that is, or will be, newly constructed and
that has existed for less than 2 years from the date the emissions unit first
operated.
(ii) An existing
emissions unit is any emissions unit that does not meet the definition of a new
emissions unit. A replacement unit is an existing emissions unit and no
creditable emission reductions shall be generated from shutting down the
existing emissions unit that is replaced. Replacement unit means all of the
following:
(A) The emissions unit is a
reconstructed unit as defined within
R
336.1118(b) or the emissions unit
completely takes the place of an existing emissions unit.
(B) The emissions unit is identical to or
functionally equivalent to the replaced emissions unit.
(C) The replacement does not alter the basic
design parameters of the process unit.
(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, it shall constitute a new emissions unit.
(p) "Federal land manager" means,
with respect to any lands in the United States, the secretary of the department
with authority over such lands.
(q)
Functionally equivalent component" means a component that serves the same
purpose as the replaced component.
(r) "Hydrocarbon combustion flare" means
either a flare used to comply with an applicable new source performance
standard or maximum achievable control technology standard, including uses of
flares during startup, shutdown, or malfunction permitted under such a
standard, or a flare that serves to control emissions of waste streams
comprised predominately of hydrocarbons and containing not more than 230
milligrams per dry standard cubic meter hydrogen sulfide.
(s) "Lowest achievable emission rate" or
"LAER" means, for any source, the more stringent rate of emissions based on
either of the following:
(i) The most
stringent emissions limitation that is contained in the implementation plan of
any state for the same class or category of stationary source, unless the owner
or operator of the proposed stationary source demonstrates that the limitations
are not achievable.
(ii) The most
stringent emissions limitation that is achieved in practice by the same 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 a stationary source. Application of the term
shall not permit a proposed new or modified stationary source to emit any
pollutant in excess of the amount allowable under an applicable new source
performance standard.
(t) "Major modification" means the following:
(i) Any physical change in or change in the
method of operation of a major stationary source that would result in both of
the following:
(A) A significant emissions
increase of a regulated new source review pollutant.
(B) A significant net emissions increase of
that pollutant from the major stationary source.
(ii) Any significant emissions increase from
any emissions units or net emissions increase at a major stationary source that
is significant for volatile organic compounds shall be considered significant
for ozone.
(iii) A physical change
or change in the method of operation shall not include any of the following:
(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,
15 U.S.C. §
792 et seq., or any superseding legislation,
or by reason of a natural gas curtailment plan under the federal power act of
1995, 16 U.S.C. § 791-828c et seq.
(C) Use of an alternative fuel by reason of
an order or rule under 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 meets either of the
following:
(1) The source was capable of
accommodating before December 21, 1976, unless the change would be prohibited
under any federally enforceable permit condition that was established after
December 12, 1976, under prevention of significant deterioration of air quality
regulations or new source review for major sources in nonattainment areas
regulations.
(2) The source is
approved to use under any permit issued under
R
336.1201(1)(a).
(F) 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 December 21, 1976,
under
R
336.1201(1)(a).
(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 both of the following:
(1) The state implementation plan.
(2) Other requirements necessary to attain
and maintain the national ambient air quality standard during the project and
after it is terminated.
(iv) This definition shall not apply with
respect to a particular regulated new source review pollutant when the major
stationary source is complying with the requirements of
R 336.2907 for a plant wide
applicability limit for that pollutant. Instead, the definition in
R 336.2907(1)(h)
shall apply.
(v) For the purposes
of applying the requirements of
R
336.2902(8) 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
1 of the clean air act, any significant net emissions increase of nitrogen
oxides is considered significant for ozone.
(vi) 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 1 of the
clean air act.
(u)
"Major stationary source" means all of the following:
(i) Any of the following:
(A) Any stationary source of air pollutants
that emits or has the potential to emit 100 tons per year or more of any
regulated new source review pollutant, except that lower emissions 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:
(1) In any serious ozone nonattainment area,
50 tons per year of volatile organic compounds.
(2) In an area within ozone transport region
except for any severe or extreme ozone nonattainment area, 50 tons per year of
volatile organic compounds.
(3) In
any severe ozone nonattainment area, 25 tons per year of volatile organic
compounds.
(4) In any extreme ozone
nonattainment area, 10 tons per year of volatile organic compounds.
(5) In any serious nonattainment area for
carbon monoxide, where the department has determined that stationary sources
contribute significantly to carbon monoxide levels in the area, 50 tons per
year of carbon monoxide.
(6) In any
serious nonattainment area for PM-10, 70 tons per year of PM-10.
(B) For the purposes of applying
the requirements of
R
336.2902(8) 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 oxide emissions, except that the following
emission thresholds shall apply in areas subject to subpart 2 of part D, title
1 of the clean air act:
(1) In any ozone
nonattainment area classified as marginal or moderate, 100 tons per year or
more of nitrogen oxides.
(2) 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, 100 tons per year or more of nitrogen oxides.
(3) 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, 100 tons per year or more of nitrogen
oxides.
(4) In any serious
nonattainment area for ozone, 50 tons per year or more of nitrogen
oxides.
(5) In any severe
nonattainment area for ozone, 25 tons per year or more of nitrogen
oxides.
(6) In any extreme
nonattainment area for ozone, 10 tons per year or more of nitrogen
oxides.
(C) Any physical
change that would occur at a stationary source not qualifying under R
336.2901(u)(i)(A) or (B) as a major stationary source, if the change would
constitute a major stationary source by itself.
(ii) A major stationary source that is major
for volatile organic compounds shall be considered major for ozone.
(iii) 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. The term chemical process plant shall not include ethanol
production facilities that produce ethanol by natural fermentation included in
North American Industrial Classification System codes 325193 or 312140.
(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.
(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.
(v) "Necessary preconstruction approvals or
permits" mean a permit issued under
R
336.1201(1)(a) that is required by
R
336.2802 or
R
336.2902.
(w) "Net emissions increase" means all of the
following:
(i) With respect to any regulated
new source review 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 under
R
336.2902(2).
(B) Any other increases and decreases in
actual emissions at the major stationary source that occur within the
contemporaneous period and are otherwise creditable.
(ii) The contemporaneous period must meet all
of the following:
(A) Begins on the date 5
years before construction on the particular change commences.
(B) Ends on the date that the increase from
the particular change occurs.
(iii) An increase or decrease in actual
emissions is creditable only if the department has not relied on it in issuing
a permit under
R
336.1201(1)(a) or
R 336.1214a, which permit is in
effect when the increase in actual emissions from the particular change
occurs.
(iv) The magnitude of a
creditable, contemporaneous increase in actual emissions is determined by the
amount that the allowable emissions following the increase exceed the emissions
unit's baseline actual emissions prior to the increase. This means allowable
emissions and baseline actual emissions are determined from the date of the
contemporaneous increase. Baseline actual emissions shall be determined as
provided in the definition of baseline actual emissions, except that
subdivision (b)(i)(C) and (b)(ii)(D) of this rule shall not apply.
(v) A contemporaneous decrease in actual
emissions is creditable only to the extent that all of the following occur:
(A) The magnitude of a creditable
contemporaneous decrease is determined by the lower of the following:
(1) The amount by which the emission unit's
baseline actual emissions prior to the decrease exceed the level of allowable
emissions following the decrease.
(2) The amount by which the emission unit's
allowable emissions prior to the decrease exceed the level of allowable
emissions following the decrease.
(3) In determining the magnitude of a
creditable contemporaneous decrease, allowable emissions and baseline actual
emissions are determined from the date of the contemporaneous decrease.
Baseline actual emissions shall be determined as provided in the definition of
baseline actual emissions except that subdivision (b)(i)(C) and (b)(ii)(D) of
this rule shall not apply.
(B) It is enforceable as a practical matter
at and after the time that actual construction on the particular change
begins.
(C) The department has not
relied on it in issuing any permit under
R
336.1201(1)(a) or
R 336.1214a.
(D) It has approximately the same qualitative
significance for public health and welfare as that attributed to the increase
from the particular change.
(vi) 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. Any
replacement unit that requires shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180 days.
(vii) The definition of actual emissions in
R
336.1101(b) shall not apply for
determining creditable increases and decreases after a change, instead the
definitions of the terms "projected actual emissions" and "baseline actual
emissions" shall be used.
(x) "Nonattainment major new source review"
or "NSR" program means the requirements of this rule,
R
336.1220, or
R
336.1221. A permit issued under any of these rules is
a major new source review permit.
(z) "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 legally
enforceable. Secondary emissions do not count in determining the potential to
emit of a stationary source.
(aa)
"Predictive emissions monitoring system" or "PEMS" means all of the equipment
necessary to monitor process and control device operational parameters and
other information and calculate and record the mass emissions rate on a
continuous basis.
(bb) "Prevention
of significant deterioration" or "PSD" permit means any permit that is issued
under
R
336.2802 or the prevention of significant
deterioration of air quality regulations under
40 C.F.R.
§
52.21, adopted by reference in
R
336.1902.
(cc) "Process Unit" means any collection of
structures or equipment, or both that processes, assembles, applies, blends, or
otherwise uses material inputs to produce or store an intermediate or a
completed product. A single stationary source may contain more than one process
unit, and a process unit may contain more than one emissions unit.
(i) Pollution control equipment is not part
of the process unit, unless it serves a dual function as both process and
control equipment. Administrative and warehousing facilities are not part of
the process unit.
(ii) For
replacement cost purposes, components shared between two or more process units
are proportionately allocated based on capacity.
(iii) The following list identifies process
units at specific categories of stationary sources.
(A) For a steam electric generating facility,
the process unit consists of those portions of the plant that contribute
directly to the production of electricity. For example, at a pulverized
coal-fired facility, the process unit would generally be the combination of
those systems from the coal receiving equipment through the emission stack
(excluding post-combustion pollution controls), including the coal handling
equipment, pulverizers or coal crushers, feedwater heaters, ash handling,
boiler, burners, turbine-generator set, condenser, cooling tower, water
treatment system, air preheaters, and operating control systems. Each separate
generating unit is a separate process unit.
(B) For a petroleum refinery, there are
several categories of process units: those that separate or distill, or both
petroleum feedstocks; those that change molecular structures; petroleum
treating processes; auxiliary facilities, such as steam generators and hydrogen
production units; and those that load, unload, blend or store intermediate or
completed products.
(C) For an
incinerator, the process unit would consist of components from the feed pit or
refuse pit to the stack, including conveyors, combustion devices, heat
exchangers and steam generators, quench tanks, and fans.
(dd) "Project" means a physical
change in, or change in the method of operation of, an existing major
stationary source.
(ee) "Projected
actual emissions" means the following:
(i) The
maximum annual rate, in tons per year, at which an existing emissions unit is
projected to emit a regulated new source review pollutant in any one of the 5
12-month periods following the date the unit resumes regular operation after
the project, or in any 1 of the 10 12-month periods following that date, if the
project involves increasing the emissions unit's design capacity or its
potential to emit of that regulated new source review 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.
(ii) In determining the projected actual
emissions before beginning actual construction, the owner or operator of the
major stationary source shall do the following:
(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
state implementation plan.
(B)
Include fugitive emissions to the extent quantifiable, and emissions associated
with startups, shutdowns, and malfunctions.
(C) 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 of this rule and that are also unrelated to the particular project,
including any increased utilization due to product demand growth.
(D) Elect to use the emissions unit's
potential to emit in tons per year instead of calculating projected actual
emissions.
(ff) "Regulated new source review pollutant"
means any of the following:
(i) Oxides of
nitrogen or any volatile organic compounds.
(ii) Any pollutant for which a national
ambient air quality standard has been promulgated.
(iii) Any pollutant that is a constituent or
precursor of a general pollutant listed under paragraphs (i) or (ii) of this
subdivision, provided that a constituent or precursor pollutant may only be
regulated under new source review as part of regulation of the general
pollutant.
(gg)
"Secondary emissions" means emissions that 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 rule, secondary emissions shall 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 that would not
be constructed or increase its 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 a
vessel.
(hh) "Significant" means
all of the following:
(i) "Significant"
means, in reference to a net emissions increase or the potential of a source to
emit any of the following pollutants at a rate of emissions that would equal or
exceed any of the following pollutant emission rates:
(A) Carbon monoxide: 100 tons per
year.
(B) Nitrogen oxides: 40 tons
per year.
(C) Sulfur dioxide: 40
tons per year.
(D) Ozone: 40 tons
per year of volatile organic compounds or of nitrogen oxides.
(E) Lead: 0.6 tons per year.
(F) PM-10: 15 tons per year of
PM-10.
(G) PM 2.5: 10 tons per year
of PM 2.5; 40 tons per year of sulfur dioxide emissions; 40 tons per year of
nitrogen oxide emissions.
(ii) Notwithstanding the significant
emissions rate for ozone in R 336.2901(hh) (i)(D), 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 located in a serious or severe ozone nonattainment area that is subject
to subpart 2, part D, title 1 of the clean air act, if such emissions increase
of volatile organic compounds exceeds 25 tons per year.
(iii) For the purposes of applying the
requirements of
R
336.2902(8) 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 R 336.2901(hh)(i)(D), R
336.2901(hh)(ii) and R 336.2901(hh)(v) shall apply to nitrogen oxides
emissions.
(iv) Notwithstanding the
significant emissions rate for carbon monoxide in R 336.2901(hh)(i)(A),
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 that the United States
environmental protection agency has determined that the stationary sources
contribute significantly to carbon monoxide levels in that area.
(v) Notwithstanding the significant emissions
rates for ozone in R 336.2901(hh)(i)(D) and R 336.2901(hh)(ii), 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 1 of the
clean air act shall be considered a significant net emissions
increase.
(ii)
"Significant emissions increase" means, for a regulated new source review
pollutant, an increase in emissions that is significant for that
pollutant.
(jj) "Stationary source"
means any building, structure, facility, or installation which emits or may
emit a regulated new source review pollutant.
(kk) "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 that complies with the state
implementation plan and other requirements necessary to attain and maintain the
national ambient air quality standards during the project and after it is
terminated.
An obvious error in R
336.2901 was corrected at the request of the promulgating agency, pursuant to
Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
containing the error was published in Michigan Register, 2019 MR 1. The
memorandum requesting the correction was published in Michigan Register, 2019
MR 2
