Current through Bulletin 2024-06, March 15, 2024
(1) R307-403 applies to any new major
stationary source or major modification that is major for the pollutant or
precursor pollutant for which the area is designated nonattainment under
section 107(d)(1)(A)(i) of the Clean Air Act, if the stationary source or
modification would locate anywhere in the designated nonattainment area.
(a) Except as otherwise provided in paragraph
R307-403-2(2), and consistent with the definition of major modification
contained in
40 CFR
51.165(a)(1)(v)(A), a
project is a major modification for a regulated NSR pollutant if it causes two
types of emissions increases-a significant emissions increase (as defined in
40 CFR
51.165(a)(1) (xxvii)), and a
significant net emissions increase (as defined in
40 CFR 51.165(a)(1)(vi) and
(x) ). 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 (before beginning actual construction) whether a significant
emissions increase (i.e., the first step of the process) will occur depends
upon the type of emissions units being modified, according to paragraphs
R307-403-2(1)(c) through (f). The procedure for calculating (before beginning
actual construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is contained
in the definition in
40 CFR
51.165(a)(1)(vi). Regardless
of any such preconstruction projections, a major modification results if the
project causes a significant emissions increase and a significant net emissions
increase.
(c)
Actual-to-projected-actual applicability test for projects that only involve
existing emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
projected actual emissions (as defined in
40 CFR
51.165(a)(1) (xxviii)) and
the baseline actual emissions (as defined in
40 CFR
51.165(a)(1) (xxxv)(A) and
(B), as applicable), for each existing emissions unit, equals or exceeds the
significant amount for that pollutant (as defined in
40 CFR
51.165(a)(1)(x) ).
(d) Actual-to-potential test for projects
that only involve construction of a new emissions unit(s). A significant
emissions increase of a regulated NSR pollutant is projected to occur if the
sum of the difference between the potential to emit (as defined in
40 CFR
51.165(a)(1)(iii) ) from
each new emissions unit following completion of the project and the baseline
actual emissions (as defined in
40 CFR
51.165(a)(1) (xxxv)(C)) of
these units before the project equals or exceeds the significant amount for
that pollutant (as defined in
40 CFR
51.165(a)(1)(x) ).
(e) Reserved.
(f) Hybrid test for projects that involve
multiple types of emissions units. A significant emissions increase of a
regulated NSR pollutant is projected to occur if the sum of the emissions
increases for each emissions unit, using the method specified in
R307-403-2(1)(c) through (d) as applicable with respect to each emissions unit,
for each type of emissions unit equals or exceeds the significant amount for
that pollutant (as defined in
40 CFR
51.165(a)(1)(x) ).
(2) For any major stationary
source for a PAL for a regulated NSR pollutant, the major stationary source
shall comply with requirements under
R307-403-11.
(5)
(a)
Approval to construct shall not relieve any owner or operator of the
responsibility to comply fully with applicable provisions of the state
implementation plan and any other requirements under local, state or federal
law.
(b) 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 R307-403 shall apply to the source or
modification as though construction had not yet commenced on the source or
modification;
(6) The
provisions of R307-403-2(6)(a) through (f) apply to projects at existing
emissions units at a major stationary source (other than projects at a source
with a PAL) in circumstances where there is a reasonable possibility that a
project that is not a part of a major modification may result in a significant
emissions increase and the owner or operator elects to use the method specified
in paragraphs
40 CFR
51.165(a)(1) (xxviii)(B)(1)
through (3) for calculating projected actual emissions.
(a) Before beginning actual construction of
the project, the owner or operator shall document and maintain a record of the
following information:
(i) A description of
the project;
(ii) Identification of
the emissions unit(s) whose emissions of a regulated NSR pollutant could be
affected by the project; and
(iii)
A description of the applicability test used to determine that the project is
not a major modification for any regulated NSR pollutant, including the
baseline actual emissions, the projected actual emissions, the amount of
emissions excluded under
40 CFR 51.165(a)
(1) (xxviii)(B)(3) and an explanation for why
such amount was excluded, and any netting calculations, if
applicable.
(b) If the
emissions unit is an existing electric utility steam generating unit, before
beginning actual construction, the owner or operator shall provide a copy of
the information set out in R307-403-2(6)(a) to the reviewing authority. Nothing
in this paragraph shall be construed to require the owner or operator of such a
unit to obtain any determination from the reviewing authority before beginning
actual construction.
(c) The owner
or operator shall monitor the emissions of any regulated NSR pollutant that
could increase as a result of the project and that is emitted by any emissions
units identified in paragraph R307-403-2(6)(a)(ii); and calculate and maintain
a record of the annual emissions, in tons per year on a calendar year basis,
for a period of 5 years following resumption of regular operations after the
change, or for a period of 10 years following resumption of regular operations
after the change if the project increases the design capacity or potential to
emit of that regulated NSR pollutant at such emissions unit.
(d) If the unit is an existing electric
utility steam generating unit, the owner or operator shall submit a report to
the reviewing authority within 60 days after the end of each calendar year
during which records must be generated under paragraph R307-403-2(6)(c) setting
out the unit's annual emissions during the calendar year that preceded
submission of the report.
(e) If
the unit is an existing unit other than an electric utility steam generating
unit, the owner or operator shall submit a report to the reviewing authority if
the annual emissions, in tons per year, from the project identified in
paragraph R307-403-2(6)(a), exceed the baseline actual emissions (as documented
and maintained pursuant to paragraph R307-403-2(6)(c), by a significant amount
(as defined in
40 CFR
51.165(a)(1)(x) ) for that
regulated NSR pollutant, and if such emissions differ from the preconstruction
projection as documented and maintained pursuant to paragraph R307-403-2(6)
(c). Such report shall be submitted to the reviewing authority within 60 days
after the end of such year. The report shall contain the following:
(i) The name, address and telephone number of
the major stationary source;
(ii)
The annual emissions as calculated pursuant to paragraph R307-403-2(6)(c);
and
(iii) Any other information
that the owner or operator wishes to include in the report (e.g., an
explanation as to why the emissions differ from the preconstruction
projection).
(f) A
"reasonable possibility" under (R307-403-2(6) occurs when the owner or operator
calculates the project to result in either:
(i) A projected actual emissions increase of
at least 50 percent of the amount that is a 'significant emissions increase,"
as defined in
40 CFR
51.165(a)(1) (xxvii)
(without reference to the amount that is a significant net emissions increase),
for the regulated NSR pollutant; or
(ii) A projected actual emissions increase
that, added to the amount of emissions excluded under
40 CFR
51.165(a)(1) (xxviii)(B)
(3), sums to at least 50 percent of the amount that is a 'significant emissions
increase," as defined under paragraph
40 CFR
51.165(a)(1) (xxvii) without
reference to the amount that is a significant net emissions increase), for the
regulated NSR pollutant. For a project for which a reasonable possibility
occurs only within the meaning of this paragraph, and not also within the
meaning of paragraph R307-403-2(6)(f)(i), then provisions R307-403-2(6)(b)
through (e) do not apply to the project.
(7) The owner or operator of the source shall
make the information required to be documented and maintained pursuant to
paragraph R307-403-2(6) above available for review upon a request for
inspection by the director or the general public pursuant to the requirements
contained in
40 CFR
70.4(b)(3) (viii).
(8) The requirements of R307-403 applicable
to major stationary sources and major modifications of volatile organic
compounds shall apply to nitrogen oxides emissions from major stationary
sources and major modifications of nitrogen oxides in an ozone transport region
or in any ozone nonattainment area, except in ozone nonattainment areas or in
portions of an ozone transport region where the EPA Administrator has granted a
nitrogen oxides waiver applying the standards set forth under section 182(f) of
the Clean Air Act and the waiver continues to apply.
(10) The requirements of R307-403 apply to
new major sources and major modifications to existing sources. Such sources or
modifications located in or impacting areas of nonattainment for ozone,
PM10, or PM2.5 shall also
consider each precursor to ozone, PM10, or
PM2.5 respectively. Sources or modifications determined
to be major for any of these individual precursors shall also be regarded as
major for that pollutant for which the area is designated nonattainment.
(a) In areas of ozone nonattainment, a new
stationary source that is major for nitrogen oxides or for volatile organic
compounds shall be considered major for ozone. Similarly, a major modification
to an existing source that is major for nitrogen oxides or for volatile organic
compounds shall be considered major for ozone.
(b) In areas of PM10
nonattainment, the requirements of R307-403 applicable to major stationary
sources and major modifications of PM10 shall also apply
to major stationary sources and major modifications of nitrogen oxides and
sulfur dioxides and sulfur dioxide, except where the Administrator determines
that such sources do not contribute significantly to
PM10 levels that exceed the PM10
ambient standards in the area.
(c) In areas of PM2.5
nonattainment, the requirements of R307-403 applicable to major stationary
sources and major modifications of PM2.5 shall also
apply to major stationary sources and major modifications of any individual of
PM2.5 precursor as defined in
R307-403-1(4)(c).
(12) R307-403 applies to any major source or
major modification that is located outside a nonattainment area and is major
for the pollutant for which the area is designated nonattainment under section
107(d)(1)(A)(i) of the Clean Air Act and that causes the significant increments
in
R307-403-3(1)
to be exceeded in the nonattainment area.
(13)
R307-403-5
applies to any new or modified source in a PM10 or
PM2.5 nonattainment area.