Current through March 20, 2024
004.01 A
construction permit or permit modification will not be issued to a source if
the source is located or is to be located in an area that is nonattainment for
a pollutant for which the source or modification is major unless it is
determined that:
004.01A By the time the
facility is to begin operation, total allowable emissions from all the sources
described in Sections 004.01A1 through 004.01A3 represent a net decrease in
emissions and show reasonable further progress toward attainment and
maintenance of the NAAQS; which include:
004.01A1 The same source or existing sources
in the same nonattainment area,
004.01A2 New sources which are not major
emitting facilities, and,
004.01A3
Existing sources allowed under the SIP prior to the application for such permit
to construct or modify;
004.01B Any emissions reductions required as
a precondition of the issuance of a permit are be federally enforceable before
such permit is issued;
004.01C The
proposed source is required to comply with the lowest achievable emission
rate;
004.01D The owner or operator
of the proposed new or modified source has demonstrated that all other major
stationary sources owned or operated by such person (or by an entity
controlling, controlled by, or under common control with such person) in the
State subject to emissions limitations are in compliance, or on a schedule for
compliance, with all applicable emission limitations and standards;
004.01E The proposed source is in compliance
with requirements established under the State Implementation Plan and the
nonattainment area SIP is being adequately implemented for the nonattainment
area in which the proposed source is to be constructed or modified;
and
004.01F The source has provided
the Director an acceptable, complete, and detailed assessment of alternative
sites, sizes, production processes, and environmental control techniques for
such proposed source which demonstrates that benefits of the proposed source
significantly outweigh the environmental and social costs imposed as a result
of its location, construction, or modification. This assessment will include an
analysis as to why the facility cannot be constructed elsewhere.
004.02 The requirements of Section
004.01A for emission reductions from existing sources in the vicinity of
proposed new sources or modifications will be determined on a case-by-case
basis. The offset baseline will be the actual emissions of the source from
which offset credit is obtained. The following apply to emission offsets:
004.02A If the emissions limit under these
regulations allows greater emissions than the potential to emit of the source,
emissions offset credit will be allowed only for control below this
potential;
004.02B Requirements for
an existing fuel combustion source, as described in 40 CFR Part 51, Appendix S,
Section IV.C.2;
004.02C
Requirements for emissions reductions achieved by shutting down an existing
source or permanently curtailing production or operating hours below baseline
levels, as described in 40 CFR Part 51, Appendix S, Section IV.C.3;
004.02D Requirements for replacing one
volatile organic compound with another of lesser reactivity, as described in 40
CFR Part 51, Appendix S, Section IV.C.4;
004.02E The procedures set out in 40 CFR Part
51, Appendix S, Section IV.D, relating to the permissible location of
offsetting emissions will be followed, unless the Director determines that an
equally or more stringent procedure is appropriate;
004.02F Credit for an emissions reduction can
be claimed to the extent that the Director has not relied on it in issuing any
permit under regulations approved pursuant to 40 CFR Part 51 Subpart I or in
demonstrating attainment or reasonable further progress; and
004.02G Emission reductions otherwise
required by this Title will not be creditable as emissions reductions for
purposes of any offset.
004.03 The provisions of 004 do not apply to
a source or modification that would be a major stationary source or major
modification only if fugitive emissions, to the extent quantifiable, are
considered in calculating the potential to emit of the stationary source or
modification and the source does not belong to any of the source categories
found in 40 CFR § 52.21(i)(1)(vii).
004.04 At such time that a particular source
or modification becomes a major stationary source or major modification solely
by virtue of a relaxation in any enforcement limitation which was established
after August 7, 1980, on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then the
requirements of this section will apply to the source or modification as though
construction had not yet commenced on the source or modification.
