Current through Register Vol. 25-06, March 15, 2025
The definitions in this section must be used in the major
stationary source nonattain-ment area permitting requirements in WAC
173-400-800 through
173-400-860. If a term is defined
differently in the federal program requirements for issuance, renewal and
expiration of a Plant Wide Applicability Limitation (WAC
173-400-850), then that
definition must be used for purposes of the Plant Wide Applicability Limitation
program.
(1) Actual emissions means:
(a) The actual rate of emissions of a
regulated NSR pollutant from an emissions unit, as determined in accordance
with (b) through (d) of this subsection. This definition does not apply when
calculating whether a significant emissions increase has occurred, or for
establishing a PAL under WAC
173-400-850. Instead, "projected
actual emissions" and "baseline actual emissions" as defined in subsections (2)
and (23) of this section apply for those purposes.
(b) In general, actual emissions as of a
particular date shall equal the average rate, in tons per year, at which the
unit actually emitted the pollutant during a consecutive twenty-four-month
period which precedes the particular date and which is representative of normal
source operation. The permitting authority shall allow the use of a different
time period upon a determination that it is more representative of normal
source operation. Actual emissions shall be calculated using the unit's actual
operating hours, production rates, and types of materials processed, stored, or
combusted during the selected time period.
(c) The permitting authority may presume that
source-specific allowable emissions for the unit are equivalent to the actual
emissions of the unit.
(d) For any
emissions unit that has not begun normal operations on the particular date,
actual emissions shall equal the potential to emit of the unit on that
date.
(2) Baseline
actual emissions means the rate of emissions, in tons per year, of a regulated
NSR pollutant, as determined in accordance with (a) through (d) of this
subsection.
(a) 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 twenty-four-month period selected by the owner or operator
within the five-year period immediately preceding when the owner or operator
begins actual construction of the project. The permitting authority shall allow
the use of a different time period upon a determination that it is more
representative of normal source operation.
(i)
The average rate shall include emissions associated with startups, shutdowns,
and malfunctions; and, for an emissions unit that is part of one of the source
categories listed in subsection (14)(e) of this section, the definition of
major stationary source, or for an emissions unit that is located at a major
stationary source that belongs to one of the listed source categories, the
average rate shall include fugitive emissions (to the extent
quantifiable).
(ii) The average
rate shall be adjusted downward to exclude any noncompliant emissions that
occurred while the source was operating above any emission limitation that was
legally enforceable during the consecutive twenty-four-month period.
(iii) For a regulated NSR pollutant, when a
project involves multiple emissions units, only one consecutive
twenty-four-month period must be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
twenty-four-month period can be used for each regulated NSR
pollutant.
(iv) The average rate
shall not be based on any consecutive twenty-four-month period for which there
is inadequate information for determining annual emissions, in tons per year,
and for adjusting this amount if required by (a)(ii) of this
subsection.
(b) 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
twenty-four-month period selected by the owner or operator within the ten-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 permitting authority for a permit required either under WAC
173-400-800 through
173-400-860 or under a plan
approved by EPA, whichever is earlier, except that the ten-year period shall
not include any period earlier than November 15, 1990.
(i) The average rate shall include emissions
associated with startups, shutdowns, and malfunctions; and, for an emissions
unit that is part of one of the source categories listed in subsection (14)(e)
of this section, the definition of major stationary source, or for an emissions
unit that is located at a major stationary source that belongs to one of the
listed source categories, the average rate shall include fugitive emissions (to
the extent quantifiable).
(ii) The
average rate shall be adjusted downward to exclude any noncompliant emissions
that occurred while the source was operating above an emission limitation that
was legally enforceable during the consecutive twenty-four-month
period.
(iii) 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 such major stationary source been required to comply with such
limitations during the consecutive twenty-four-month period. However, if an
emission limitation is part of a maximum achievable control technology standard
that EPA proposed or promulgated under 40 C.F.R. Part 63, the baseline actual
emissions need only be adjusted if the state has taken credit for such
emissions reductions in an attainment demonstration or maintenance plan as part
of the demonstration of attainment or as reasonable further progress to attain
the NAAQS.
(iv) For a regulated NSR
pollutant, when a project involves multiple emissions units, only one
consecutive twenty-four-month period must be used to determine the baseline
actual emissions for the emissions units being changed. A different consecutive
twenty-four-month period can be used for each regulated NSR
pollutant.
(v) The average rate
shall not be based on any consecutive twenty-four-month period for which there
is inadequate information for determining annual emissions, in tons per year,
and for adjusting this amount if required under (b)(ii) and (iii) of this
subsection.
(c) 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. In the latter case,
fugitive emissions, to the extent quantifiable, shall be included only if the
emissions unit is part of one of the source categories listed in subsection
(14)(e) of this section, the definition of major stationary source, or if the
emissions unit is located at a major stationary source that belongs to one of
the listed source categories.
(d)
For a PAL for a major stationary source, the baseline actual emissions shall be
calculated for existing electric utility steam generating units in accordance
with the procedures contained in (a) of this subsection, for other existing
emissions units in accordance with the procedures contained in (b) of this
subsection, and for a new emissions unit in accordance with the procedures
contained in (c) of this subsection, except that fugitive emissions (to the
extent quantifiable) shall be included regardless of the source
category.
(3) Building,
structure, facility, or installation means all of the pollutant-emitting
activities which belong to the same industrial grouping, are located on one 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 shall be considered as part of the same
industrial grouping if they belong to the same major group (i.e., which have
the same two-digit code) as described in the Standard Industrial
Classification Manual, 1972, as amended by the 1977 Supplement (U.S.
Government Printing Office stock numbers 4101-0065 and 003-005-00176-0,
respectively).
(4) 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.
(5) 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 two and one-half billion dollars for commercial demonstration of
clean coal technology, or similar projects funded through appropriations for
the Environmental Protection Agency. The federal contribution for a qualifying
project shall be at least twenty percent of the total cost of the demonstration
project.
(6) 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.
(7) Continuous emissions monitoring system
(CEMS) means all of the equipment that may be required to meet the data
acquisition and availability requirements of this section, to sample, condition
(if applicable), analyze, and provide a record of emissions on a continuous
basis.
(8) Continuous parameter
monitoring system (CPMS) means all of the equipment necessary to meet the data
acquisition and availability requirements of this section, to monitor process
and control device operational parameters (for example, control device
secondary voltages and electric currents) and other information (for example,
gas flow rate, O2 or CO2
concentrations), and to record average operational parameter value(s) on a
continuous basis.
(9) Continuous
emissions rate monitoring system (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).
(10)
Electric utility steam generating unit means any steam electric generating unit
that is constructed for the purpose of supplying more than one-third of its
potential electric output capacity and more than 25 MW 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.
(11) Emissions unit means
any part of a stationary source that emits or would have the potential to emit
any regulated NSR pollutant and includes an electric steam generating unit. For
purposes of this section, there are two types of emissions units:
(a) A new emissions unit is any emissions
unit which is (or will be) newly constructed and which has existed for less
than two years from the date such emissions unit first operated.
(b) An existing emissions unit is any
emissions unit that is not a new emissions unit. A replacement unit, as defined
in subsection (25) of this section is an existing emissions unit.
(12) Fugitive emissions means
those emissions which could not reasonably pass through a stack, chimney, vent
or other functionally equivalent opening. Fugitive emissions, to the extent
quantifiable, are addressed as follows for the purposes of this section:
(a) In determining whether a stationary
source or modification is major, fugitive emissions from an emissions unit are
included only if the emissions unit is part of one of the source categories
listed in subsection (14)(e) of this section, the definition of major
stationary source, or the emissions unit is located at a stationary source that
belongs to one of those source categories. Fugitive emissions are not included
for those emissions units located at a facility whose primary activity is not
represented by one of the source categories listed in subsection (14)(e) of
this section, the definition of major stationary source and that are not, by
themselves, part of a listed source category.
(b) For purposes of determining the net
emissions increase associated with a project, an increase or decrease in
fugitive emissions is creditable only if it occurs at an emissions unit that is
part of one of the source categories listed in subsection (14)(e) of this
section, the definition of major stationary source, or if the emission unit is
located at a major stationary source that belongs to one of the listed source
categories. Fugitive emission increases or decreases are not creditable for
those emissions units located at a facility whose primary activity is not
represented by one of the source categories listed in subsection (14)(e) of
this section, the definition of major stationary source, and that are not, by
themselves, part of a listed source category.
(c) For purposes of determining the projected
actual emissions of an emissions unit after a project, fugitive emissions are
included only if the emissions unit is part of one of the source categories
listed in subsection (14)(e) of this section, the definition of major
stationary source, or if the emission unit is located at a major stationary
source that belongs to one of the listed source categories. Fugitive emissions
are not included for those emissions units located at a facility whose primary
activity is not represented by one of the source categories listed in
subsection (14)(e) of this section, the definition of major stationary source,
and that are not, by themselves, part of a listed source category.
(d) For purposes of determining the baseline
actual emissions of an emissions unit, fugitive emissions are included only if
the emissions unit is part of one of the source categories listed in subsection
(14)(e) of this section, the definition of major stationary source, or if the
emission unit is located at a major stationary source that belongs to one of
the listed source categories, except that, for a PAL, fugitive emissions shall
be included regardless of the source category. With the exception of PALs,
fugitive emissions are not included for those emissions units located at a
facility whose primary activity is not represented by one of the source
categories listed in subsection (14)(e) of this section, the definition of
major stationary source, and that are not, by themselves, part of a listed
source category.
(e) In calculating
whether a project will cause a significant emissions increase, fugitive
emissions are included only for those emissions units that are part of one of
the source categories listed in subsection (14)(e) of this section, the
definition of major stationary source, or for any emissions units that are
located at a major stationary source that belongs to one of the listed source
categories. Fugitive emissions are not included for those emissions units
located at a facility whose primary activity is not represented by one of the
source categories listed in subsection (14)(e) of this section, the definition
of major stationary source, and that are not, by themselves, part of a listed
source category.
(f) For purposes
of monitoring and reporting emissions from a project after normal operations
have been resumed, fugitive emissions are included only for those emissions
units that are part of one of the source categories listed in subsection
(14)(e) of this section, the definition of major stationary source, or for any
emissions units that are located at a major stationary source that belongs to
one of the listed source categories. Fugitive emissions are not included for
those emissions units located at a facility whose primary activity is not
represented by one of the source categories listed in subsection (14)(e) of
this section, the definition of major stationary source, and that are not, by
themselves, part of a listed source category.
(g) For all other purposes of this section,
fugitive emissions are treated in the same manner as other, nonfugitive
emissions. This includes, but is not limited to, the treatment of fugitive
emissions for offsets (see WAC
173-400-840(7))
and for PALs (see WAC
173-400-850).
(13) Lowest achievable emission
rate (LAER) means, for any source, the more stringent rate of emissions based
on the following:
(a) The most stringent
emissions limitation which is contained in the implementation plan of any state
for such class or category of stationary source, unless the owner or operator
of the proposed stationary source demonstrates that such limitations are not
achievable; or
(b) The most
stringent emissions limitation which is achieved in practice by such 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. In no event shall the
application of the term permit a proposed new or modified stationary source to
emit any pollutant in excess of the amount allowable under an applicable new
source standard of performance.
(14)
(a)
Major stationary source means any stationary source of air pollutants that
emits, or has the potential to emit, one hundred tons per year or more of any
regulated NSR pollutant, except that lower emissions thresholds apply in areas
subject to sections 181-185B, sections 186 and 187, or sections 188-190 of the
Federal Clean Air Act. In those areas the following thresholds apply:
(i) Fifty tons per year of volatile organic
compounds in any serious ozone nonattainment area;
(ii) Fifty tons per year of volatile organic
compounds in an area within an ozone transport region, except for any severe or
extreme ozone nonattainment area;
(iii) Twenty-five tons per year of volatile
organic compounds in any severe ozone nonattainment area;
(iv) Ten tons per year of volatile organic
compounds in any extreme ozone nonattainment area;
(v) Fifty tons per year of carbon monoxide in
any serious nonattainment area for carbon monoxide, where stationary sources
contribute significantly to carbon monoxide levels in the area (as determined
under rules issued by EPA);
(vi)
Seventy tons per year of PM-10 in any serious non-attainment area for
PM-10.
(b) For the
purposes of applying the requirements of WAC
173-400-830 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, one hundred tons per year or more of nitrogen oxides emissions, except
that the emission thresholds in (b)(i) through (vi) of this subsection shall
apply in areas subject to sections 181-185B of the Federal Clean Air Act.
(i) One hundred tons per year or more of
nitrogen oxides in any ozone nonattainment area classified as marginal or
moderate.
(ii) One hundred tons per
year or more of nitrogen oxides 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.
(iii) One hundred tons per year or more of
nitrogen oxides in any area designated under section 107(d) of the Federal
Clean Air Act as attainment or unclassifiable for ozone that is located in an
ozone transport region.
(iv) Fifty
tons per year or more of nitrogen oxides in any serious nonattainment area for
ozone.
(v) Twenty-five tons per
year or more of nitrogen oxides in any severe nonattainment area for
ozone.
(vi) Ten tons per year or
more of nitrogen oxides in any extreme nonattainment area for ozone.
(c) Any physical change that would
occur at a stationary source not qualifying under (a) and (b) of this
subsection as a major stationary source, if the change would constitute a major
stationary source by itself.
(d) A
major stationary source that is major for volatile organic compounds shall be
considered major for ozone.
(e) The
fugitive emissions of a stationary source shall not be included in determining
for any of the purposes of subsection (14) of this section whether it is a
major stationary source, unless the source belongs to one of the following
categories of stationary sources:
(i) Coal
cleaning plants (with thermal dryers);
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction
plants;
(vii) Primary copper
smelters;
(viii) Municipal
incinerators capable of charging more than fifty tons of refuse per
day;
(ix) Hydrofluoric, sulfuric,
or nitric acid plants;
(x)
Petroleum refineries;
(xii) Phosphate rock
processing plants;
(xiii) Coke oven
batteries;
(xiv) Sulfur recovery
plants;
(xv) Carbon black plants
(furnace process);
(xvi) Primary
lead smelters;
(xvii) Fuel
conversion plants;
(xviii)
Sintering plants;
(xix) Secondary
metal production plants;
(xx)
Chemical process plants - The term chemical processing plant shall not include
ethanol production facilities that produce ethanol by natural fermentation
included in NAICS codes 325193 or 312140;
(xxi) Fossil-fuel boilers (or combination
thereof) totaling more than two hundred fifty million British thermal units per
hour heat input;
(xxii) Petroleum
storage and transfer units with a total storage capacity exceeding three
hundred thousand barrels;
(xxiii)
Taconite ore processing plants;
(xxiv) Glass fiber processing
plants;
(xxv) Charcoal production
plants;
(xxvi) Fossil fuel-fired
steam electric plants of more than two hundred fifty million British thermal
units per hour heat input; and
(xxvii) Any other stationary source category
which, as of August 7, 1980, is being regulated under section 111 or 112 of the
Federal Clean Air Act.
(15)
(a)
Major modification means any physical change in or change in the method of
operation of a major stationary source that would result in:
(i) A significant emissions increase of a
regulated NSR pollutant; and
(ii) A
significant net emissions increase of that pollutant from the major stationary
source.
(b) 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.
(c) A physical change or change in the method
of operation shall not include:
(i) Routine
maintenance, repair and replacement;
(ii) 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 (or any superseding legislation) or
by reason of a natural gas curtailment plan pursuant to the Federal Power
Act;
(iii) Use of an alternative
fuel by reason of an order or rule section 125 of the Federal Clean Air
Act;
(iv) Use of an alternative
fuel at a steam generating unit to the extent that the fuel is generated from
municipal solid waste;
(v) Use of
an alternative fuel or raw material by a stationary source which:
(A) The source was capable of accommodating
before December 21, 1976, unless such change would be prohibited under any
federally enforceable permit condition which was established after December 12,
1976, pursuant to 40 C.F.R.
52.21 or under regulations approved pursuant
to 40 C.F.R. Part 51, Subpart I or
40 C.F.R.
51.166; or
(B) The source is approved to use under any
permit issued under regulations approved by EPA implementing
40 C.F.R.
51.165.
(vi) An increase in the hours of operation or
in the production rate, unless such change is prohibited under any federally
enforceable permit condition which was established after December 21, 1976,
pursuant to 40 C.F.R.
52.21 or regulations approved pursuant to 40
C.F.R. Part 51, Subpart I or 40 C.F.R. 51.166;
(vii) Any change in ownership at a stationary
source;
(viii) The installation,
operation, cessation, or removal of a temporary clean coal technology
demonstration project, provided that the project complies with:
(A) The state implementation plan for the
state in which the project is located; and
(B) Other requirements necessary to attain
and maintain the National Ambient Air Quality Standard during the project and
after it is terminated.
(d) This definition shall not apply with
respect to a particular regulated NSR pollutant when the major stationary
source is complying with the requirements for a PAL for that pollutant.
Instead, the definitions in 40 C.F.R. Part 51, Appendix S (in effect on the
date in WAC
173-400-025) shall
apply.
(e) For the purpose of
applying the requirements of WAC
173-400-830(1)(i)
to modifications at major stationary sources of nitrogen oxides located in
ozone nonattainment areas or in ozone transport regions, whether or not subject
to sections 181-185B, Part D, Title I of the Federal Clean Air Act, any
significant net emissions increase of nitrogen oxides is considered significant
for ozone.
(f) 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 sections 181-185B, Part D, Title I of the Federal Clean Air
Act.
(g) Fugitive emissions shall
not be included in determining for any of the purposes of this section whether
a physical change in or change in the method of operation of a major stationary
source is a major modification, unless the source belongs to one of the source
categories listed in subsection (14)(e) of this section, the definition of
major stationary source.
(16) Necessary preconstruction approvals or
permits means those permits or orders of approval required under federal air
quality control laws and regulations or under air quality control laws and
regulations which are part of the applicable state implementation
plan.
(17)
(a) Net emissions increase means with respect
to any regulated NSR pollutant emitted by a major stationary source, the amount
by which the sum of the following exceeds zero:
(i) The increase in emissions from a
particular physical change or change in the method of operation at a stationary
source as calculated pursuant to WAC
173-400-820(2) and
(3); and
(ii) Any other increases and decreases in
actual emissions at the major stationary source that are contemporaneous with
the particular change and are otherwise creditable. In determining the net
emissions increase, baseline actual emissions for calculating increases and
decreases shall be determined as provided in the definition of baseline actual
emissions, except that subsection (2)(a)(iii) and (b)(iv) of this section, in
the definition of baseline actual emissions, shall not apply.
(b) An increase or decrease in
actual emissions is contemporaneous with the increase from the particular
change only if it occurs before the date that the increase from the particular
change occurs;
(c) An increase or
decrease in actual emissions is creditable only if:
(i) It occurred no more than one year prior
to the date of submittal of a complete notice of construction application for
the particular change, or it has been documented by an emission reduction
credit (ERC). Any emissions increases occurring between the date of issuance of
the ERC and the date when a particular change becomes operational shall be
counted against the ERC; and
(ii)
The permitting authority has not relied on it in issuing a permit for the
source under regulations approved pursuant to
40 C.F.R.
51.165, which permit is in effect when the
increase in actual emissions from the particular change occurs; and
(iii) As it pertains to an increase or
decrease in fugitive emissions (to the extent quantifiable), it occurs at an
emissions unit that is part of one of the source categories listed in
subsection (14)(e) of this section, the definition of major stationary source,
or it occurs at an emissions unit that is located at a major stationary source
that belongs to one of the listed source categories. Fugitive emission
increases or decreases are not creditable for those emissions units located at
a facility whose primary activity is not represented by one of the source
categories listed in subsection (14)(e) of this section, the definition of
major stationary source, and that are not, by themselves, part of a listed
source category.
(d) An
increase in actual emissions is creditable only to the extent that the new
level of actual emissions exceeds the old level;
(e) A decrease in actual emissions is
creditable only to the extent that:
(i) The
old level of actual emission or the old level of allowable emissions whichever
is lower, exceeds the new level of actual emissions;
(ii) It is enforceable as a practical matter
at and after the time that actual construction on the particular change
begins;
(iii) The permitting
authority has not relied on it as part of an offsetting transaction under WAC
173-400-113(4)
or 173-400-830 or in issuing any
permit under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I or
the state has not relied on it in demonstrating attainment or reasonable
further progress;
(iv) It has
approximately the same qualitative significance for public health and welfare
as that attributed to the increase from the particular change; and
(f) 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.
(g) Any replacement unit
that requires shakedown becomes operational only after a reasonable shakedown
period, not to exceed one hundred eighty days.
(h) Subsection (1)(b) of this section, in the
definition of actual emissions, shall not apply for determining creditable
increases and decreases or after a change.
(18) Nonattainment major new source review
(NSR) program means the major source preconstruction permit program that has
been approved by EPA and incorporated into the plan to implement the
requirements of 40 C.F.R.
51.165, or a program that implements 40
C.F.R. Part 51, Appendix S, sections I through VI. Any permit issued under
either program is a major NSR permit.
(19) Pollution prevention means any activity
that through process changes, product reformulation or redesign, or
substitution of less polluting raw materials, eliminates or reduces the release
of air pollutants (including fugitive emissions) and other pollutants to the
environment prior to recycling, treatment, or disposal; it does not mean
recycling (other than certain "in-process recycling" practices), energy
recovery, treatment, or disposal.
(20) Predictive emissions monitoring system
(PEMS) means all of the equipment necessary to monitor process and control
device operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow rate,
O2 or CO2 concentrations), and
calculate and record the mass emissions rate (for example, lb/hr) on a
continuous basis.
(21) Prevention
of significant deterioration (PSD) permit means any permit that is issued under
the major source pre-construction permit program that has been approved by EPA
and incorporated into the plan to implement the requirements of
40 C.F.R.
51.166, or under the program in
40 C.F.R.
52.21.
(22) Project means a physical change in, or
change in the method of operation of, an existing major stationary
source.
(23)
(a) Projected actual emissions means the
maximum annual rate, in tons per year, at which an existing emissions unit is
projected to emit a regulated NSR pollutant in any one of the five years
(twelve-month period) following the date the unit resumes regular operation
after the project, or in any one of the ten years following that date, if the
project involves increasing the emissions unit's design capacity or its
potential to emit of that regulated NSR 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.
(b) In determining the projected actual
emissions before beginning actual construction, the owner or operator of the
major stationary source:
(i) Shall 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 plan; and
(ii) Shall include emissions associated with
startups, shutdowns, and malfunctions; and, for an emissions unit that is part
of one of the source categories listed in subsection (14)(e) of this section,
the definition of major stationary source, or for an emissions unit that is
located at a major stationary source that belongs to one of the listed source
categories, shall include fugitive emissions (to the extent quantifiable);
and
(iii) Shall 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 twenty-four-month period
used to establish the baseline actual emissions and that are also unrelated to
the particular project, including any increased utilization due to product
demand growth; or
(iv) In lieu of
using the method set out in (b)(i) through (iii) of this subsection, the owner
or operator may elect to use the emissions unit's potential to emit, in tons
per year. For this purpose, if the emissions unit is part of one of the source
categories listed in subsection (14)(e) of this section, the definition of
major stationary source or if the emissions unit is located at a major
stationary source that belongs to one of the listed source categories, the
unit's potential to emit shall include fugitive emissions (to the extent
quantifiable).
(24)
(a)
Regulated NSR pollutant, means the following:
(i) Nitrogen oxides or any volatile organic
compounds;
(ii) Any pollutant for
which a National Ambient Air Quality Standard has been promulgated;
(iii) Any pollutant that is identified under
this subsection as a constituent or precursor of a general pollutant listed in
(a)(i) or (ii) of this subsection, provided that such constituent or precursor
pollutant may only be regulated under NSR as part of regulation of the general
pollutant. For purposes of NSR precursor pollutants are the following:
(A) Volatile organic compounds and nitrogen
oxides are precursors to ozone in all ozone nonattainment areas.
(B) Sulfur dioxide is a precursor to PM-2.5
in all PM-2.5 nonattainment areas.
(C) Nitrogen oxides are precursors to PM-2.5
in all PM-2.5 nonattainment areas.
(b) PM-2.5 emissions and PM-10 emissions
shall include gaseous emissions from a source or activity which condense to
form particulate matter at ambient temperatures. On or after January 1, 2011,
such condensable particulate matter shall be accounted for in applicability
determinations and in establishing emissions limitations for PM-2.5 in
nonattain-ment major NSR permits. Compliance with emissions limitations for
PM-2.5 issued prior to this date shall not be based on condensable particulate
matter unless required by the terms and conditions of the permit or the
applicable implementation plan. Applicability determinations for PM-2.5 made
prior to the effective date of WAC
173-400-800 through
173-400-850 made without
accounting for condensable particulate matter shall not be considered in
violation of WAC
173-400-800 through
173-400-850.
(25)
(a)
Replacement unit means an emissions unit for which all the criteria listed
below are met:
(i) The emissions unit is a
reconstructed unit within the meaning of
40 C.F.R.
60.15(b)(1), or the
emissions unit completely takes the place of an existing emissions
unit.
(ii) The emissions unit is
identical to or functionally equivalent to the replaced emissions
unit.
(iii) The replacement does
not alter the basic design parameters of the process unit. Basic design
parameters are:
(A) Except as provided in
(a)(iii)(C) of this subsection, for a process unit at a steam electric
generating facility, the owner or operator may select as its basic design
parameters either maximum hourly heat input and maximum hourly fuel consumption
rate or maximum hourly electric output rate and maximum steam flow rate. When
establishing fuel consumption specifications in terms of weight or volume, the
minimum fuel quality based on British thermal units content must be used for
determining the basic design parameter(s) for a coal-fired electric utility
steam generating unit.
(B) Except
as provided in (a)(iii)(C) of this subsection, the basic design parameter(s)
for any process unit that is not at a steam electric generating facility are
maximum rate of fuel or heat input, maximum rate of material input, or maximum
rate of product output. Combustion process units will typically use maximum
rate of fuel input. For sources having multiple end products and raw materials,
the owner or operator should consider the primary product or primary raw
material of the process unit when selecting a basic design parameter.
(C) If the owner or operator believes the
basic design parameter(s) in (a)(iii)(A) and (B) of this subsection is not
appropriate for a specific industry or type of process unit, the owner or
operator may propose to the reviewing authority an alternative basic design
parameter(s) for the source's process unit(s). If the reviewing authority
approves of the use of an alternative basic design parameter(s), the reviewing
authority will issue a new permit or modify an existing permit that is legally
enforceable that records such basic design parameter(s) and requires the owner
or operator to comply with such parameter(s).
(D) The owner or operator shall use credible
information, such as results of historic maximum capability tests, design
information from the manufacturer, or engineering calculations, in establishing
the magnitude of the basic design parameter(s) specified in (a)(iii)(A) and (B)
of this subsection.
(E) If design
information is not available for a process unit, then the owner or operator
shall determine the process unit's basic design parameter(s) using the maximum
value achieved by the process unit in the five-year period immediately
preceding the planned activity.
(F)
Efficiency of a process unit is not a basic design parameter.
(iv) 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.
(b) No creditable emission reductions shall
be generated from shutting down the existing emissions unit that is
replaced.
(26) Reviewing
authority means "permitting authority" as defined in WAC
173-400-030.
(27) Significant means:
(a) In reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a rate of
emissions that would equal or exceed any of the following rates:
| Pollutant |
Emission Rate |
| Carbon monoxide |
100 tons per year (tpy) |
| Nitrogen oxides |
40 tons per year |
| Sulfur dioxide |
40 tons per year |
| Ozone |
40 tons per year of volatile organic
compounds or nitrogen oxides |
| Lead |
0.6 tons per year |
| PM-10 |
15 tons per year |
| PM-2.5 |
10 tons per year of direct PM-2.5
emissions; 40 tons per year of nitrogen oxide emissions; 40 tons per year of
sulfur dioxide emissions |
(b)
Notwithstanding the significant emissions rate for ozone, 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 locating in a serious or severe ozone nonattainment area that is subject
to sections 181-185B, of the Federal Clean Air Act, if such emissions increase
of volatile organic compounds exceeds twenty-five tons per year.
(c) For the purposes of applying the
requirements of WAC
173-400-830(1)(i)
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 (a),
(b), and (e) of this subsection, of the definition of significant, shall apply
to nitrogen oxides emissions.
(d)
Notwithstanding the significant emissions rate for carbon monoxide under (a) of
this subsection, the definition of significant, 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 fifty
tons per year, provided EPA has determined that stationary sources contribute
significantly to carbon monoxide levels in that area.
(e) Notwithstanding the significant emissions
rates for ozone under (a) and (b) of this subsection, the definition of
significant, 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
sections 181-185B of the Federal Clean Air Act shall be considered a
significant net emissions increase.
(28) Significant emissions increase means,
for a regulated NSR pollutant, an increase in emissions that is significant for
that pollutant.
(29) Source and
stationary source means any building, structure, facility, or installation
which emits or may emit a regulated NSR pollutant.
(30) Temporary clean coal technology
demonstration project means a clean coal technology demonstration project that
is operated for a period of five years or less, and which complies with the
state implementation plan for the state in which the project is located and
other requirements necessary to attain and maintain the National Ambient Air
Quality Standards during the project and after it is terminated.
(31) Best available control technology (BACT)
means an emissions limitation (including a visible emissions standard) based on
the maximum degree of reduction for each regulated NSR pollutant which would be
emitted from any proposed major stationary source or major modification which
the reviewing authority, 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. In no event shall application of best available control technology
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 . If the reviewing
authority 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, a design, equipment,
work practice, operational standard, or combination thereof, may be prescribed
instead to satisfy the requirement for the application of BACT. Such standard
shall, to the degree possible, set forth the emissions reduction achievable by
implementation of such design, equipment, work practice or operation, and shall
provide for compliance by means which achieve equivalent results.
Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order
11-10), § 173-400-810, filed 11/28/12, effective 12/29/12; 11-06-060 (Order
09-01), § 173-400-810, filed 3/1/11, effective
4/1/11.
