(b) Exceptions to adopting
40 C.F.R.
52.21 by reference.
(i) Every use of the word "administrator" in
40 C.F.R.
52.21 means ecology except for the following:
(A) In
40 C.F.R.
52.21(b)(17), the definition
of federally enforceable, "administrator" means the EPA
administrator.
(B) In
40 C.F.R.
52.21(l)(2), air quality
models, "administrator" means the EPA administrator.
(C) In
40 C.F.R.
52.21(b)(43) the definition
of prevention of significant deterioration program, "administrator" means the
EPA administrator.
(D) In
40 C.F.R.
52.21(b)(48)(ii)(c) related
to regulations promulgated by the administrator, "administrator" means the EPA
administrator.
(E) In
40 C.F.R.
52.21(b)(50)(i) related to
the definition of a regulated NSR pollutant, "administrator" means the EPA
administrator.
(F) In
40 C.F.R.
52.21(b)(37) related to the
definition of re-powering, "administrator" means the EPA
administrator.
(G) In
40 C.F.R.
52.21(b)(51) related to the
definition of reviewing authority, "administrator" means the EPA
administrator.
(ii) Each
reference in 40 C.F.R.
52.21(i) to "paragraphs (j)
through (r) of this section" is amended to state "paragraphs (j) through
(p)(1), (2), (3) and (4) of this section, paragraph (r) of this section, WAC
173-400-720, and
173-400-730."
(iii) The following paragraphs replace the
designated paragraphs of 40
C.F.R. 52.21:
(A) In (a)(2)(iv)(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 increase between the
projected actual emissions (as defined in paragraph (b)(41) of this section)
and the baseline actual emissions (as defined in paragraphs (b)(48)(i) and (ii)
of this section), for each existing emissions unit, equals or exceeds the
significant amount for that pollutant (as defined in paragraph (b)(23) of this
section)."
(B) In (a)(2)(iv)(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 increase between the
potential to emit (as defined in paragraph (b)(4) of this section) from each
new emissions unit following completion of the project and the baseline actual
emissions (as defined in paragraph (b)(48)(iii) of this section) of these units
before the project equals or exceeds the significant amount for that pollutant
(as defined in paragraph (b)(23) of this section)."
(C) In (a)(2)(iv)(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 increase for each emissions unit, using the method specified in
paragraphs (a)(2)(iv)(c) and (d) of this section as applicable with respect to
each emissions unit, equals or exceeds the significant amount for that
pollutant (as defined in paragraph (b)(23) of this section)."
(D) In
40 C.F.R.
52.21(b)(1)(i)(a) and
(b)(1)(iii)(h), the size threshold for
municipal waste incinerators is changed to 50 tons of refuse per day.
(E)
40 C.F.R.
52.21(b)(23)(i) after the
entry for municipal solid waste landfills emissions, add Ozone Depleting
Substances: 100 tpy.
(F)
40 C.F.R.
52.21(c) after the effective
date of EPA's incorporation of this section into the Washington state
implementation plan, the concentrations listed in WAC
173-400-116(2)
are excluded when determining increment consumption."
(G)
40 C.F.R.
52.21(r)(6)
"The provisions of this paragraph (r)(6) apply with respect
to any regulated NSR pollutant from projects at an existing emissions unit 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 of such pollutant and the owner or operator elects to use the method
specified in paragraphs 40
C.F.R. 52.21(b)(41)(ii)(a) through
(c) for calculating projected actual
emissions.
(i) Before beginning actual
construction of the project, the owner or operator shall document and maintain
a record of the following information:
(a) A
description of the project;
(b)
Identification of the emissions unit(s) whose emissions of a regulated NSR
pollutant could be affected by the project; and
(c) 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 paragraph
40 C.F.R.
52.21(b)(41)(ii)(c) and an
explanation for why such amount was excluded, and any netting calculations, if
applicable.
(ii) The
owner or operator shall submit a copy of the information set out in paragraph
40 C.F.R.
52.21(r)(6)(i) to the
permitting authority before beginning actual construction. This information may
be submitted in conjunction with any NOC application required under the
provisions of WAC
173-400-110. Nothing in this
paragraph (r)(6)(ii) shall be construed to require the owner or operator of
such a unit to obtain any PSD determination from the permitting authority
before beginning actual construction.
(iii) 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 unit identified in paragraph
40 C.F.R.
52.21(r)(6)(i)(b); 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 of or potential to emit that regulated NSR pollutant at such emissions
unit.
(iv) The owner or operator
shall submit a report to the permitting authority within 60 days after the end
of each year during which records must be generated under paragraph
40 C.F.R.
52.21(r)(6)(iii) setting out
the unit's annual emissions during the calendar year that preceded submission
of the report.
(v) The owner or
operator shall submit a report to the permitting authority if the annual
emissions, in tons per year, from the project identified in paragraph
40 C.F.R.
52.21(r)(6)(i), exceed the
baseline actual emissions (as documented and maintained pursuant to paragraph
40 C.F.R.
52.21(r)(6)(i)(c)), by a
significant amount (as defined in paragraph
40 C.F.R.
52.21(b)(23)) for that
regulated NSR pollutant, and if such emissions differ from the preconstruction
projection as documented and maintained pursuant to paragraph
40 C.F.R.
52.21(r)(6)(i)(c). Such
report shall be submitted to the permitting authority within 60 days after the
end of such year. The report shall contain the following:
(a) The name, address and telephone number of
the major stationary source;
(b)
The annual emissions as calculated pursuant to paragraph (r)(6)(iii) of this
section; and
(c) 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).
(vi) A
"reasonable possibility" under this subsection occurs when the owner or
operator calculates the project to result in either:
(a) A projected actual emissions increase of
at least fifty percent of the amount that is a "significant emissions
increase," (without reference to the amount that is a significant net emissions
increase), for the regulated NSR pollutant; or
(b) A projected actual emissions increase
that, added to the amount of emissions excluded under the definition of
projected actual emissions sums to at least fifty percent of the amount that is
a "significant emissions increase," (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
(r)(6)(vi)(b) of this subsection, and not also within the meaning of
(r)(6)(vi)(a) of this subsection, then the provisions of (r)(6)(vi)(ii) through
(v) of this subsection do not apply to the project."
(H)
40 C.F.R.
52.21(r)(7)"The owner or
operator of the source shall submit the information required to be documented
and maintained pursuant to paragraphs
40 C.F.R.
52.21(r)(6)(iv) and (v)
annually within 60 days after the anniversary date of the original analysis.
The original analysis and annual reviews shall also be available for review
upon a request for inspection by the permitting authority or the general public
pursuant to the requirements contained in
40 C.F.R.
70.4(b)(3)
(viii)."
(I)
40 C.F.R.
52.21(aa)(2)(ix)"PAL permit
means the PSD permit, an ecology issued order of approval issued under WAC
173-400-110, or regulatory order
issued under WAC
173-400-091 issued by ecology
that establishes a PAL for a major stationary source."
(J)
40 C.F.R.
52.21(aa)(5)"Public
participation requirements for PALs. PALs for existing major stationary sources
shall be established, renewed, or expired through the public participation
process in WAC
173-400-171. A request to
increase a PAL shall be processed in accordance with the application processing
and public participation process in WAC
173-400-730 and
173-400-740."
(K)
40 C.F.R.
52.21(aa)(9)(i)(b)"Ecology,
after consultation with the permitting authority, shall decide whether and how
the PAL allowable emissions will be distributed and issue a revised order,
order of approval or PSD permit incorporating allowable limits for each
emissions unit, or each group of emissions units, as ecology determines is
appropriate."
(L)
40 C.F.R.
52.21(aa)(14)"Reporting and
notification requirements. The owner or operator shall submit semiannual
monitoring reports and prompt deviation reports to the permitting authority in
accordance with the requirements in chapter 173-401 WAC. The reports shall meet
the requirements in paragraphs
40 C.F.R.
52.21(aa)(14)(i) through
(iii)."
(M)
40 C.F.R.
52.21(aa)(14)(ii)"Deviation
report. The major stationary source owner or operator shall promptly submit
reports of any deviations or exceedance of the PAL requirements, including
periods where no monitoring is available. A report submitted pursuant to WAC
173-401-615(3)(b)
and within the time limits prescribed shall satisfy this reporting requirement.
The reports shall contain the information found at WAC
173-401-615(3)."
(iv) The following provisions in
40 C.F.R.
52.21 are not adopted: (a)(2) (iv)(g) and
(r)(2).
