p.1 

OAR Box 1796 

Prepped by Keeia Richards 

Document Number: 

42) IV-H-68 

Docket Number: 

A-90-37 

Printed 10/31/2008 4:20:37 PM Sheet 42 of 107 
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el oo I 

United States Department of Energy 

Office of the Deputy General Counsel 

FACSIMILE TRANSMISSION FORM 

Facsimile from: 

0 ^ 0 37 

I/-H-6 8 

David R. Hill 

Deputy General Counsel 

for Energy Policy 

Forrestal Building, Room 6D-033 

1000 Independence Avenue, SW 

Washington, DC 20585 

Phone: 202-586-3410 

Facsimile: 202-586-7479 

NOV 

To: Bill Wchrum 

Facsimile number(s): 202-501-0394 

Date Nov. 21, 2002 

Pages: *? & (including cover page) 

Message: 

Here are DOE's proposed changes to the final rule (165) text. Thanks. 

This facsimile is intended only for the use of the recipient(s) to whom it is addressed and may contain 

information that is privileged and confidential. If you are not the intended recipient (or a person 

responsible for delivering this to the intended recipient), you are hereby notified that any disclosure, 

distribution or copying of this information is strictly prohibited. If you have received this facsimile in 

error, please notify Darlene Dowing immediately at 202-586-2918 and return the facsimile to her at 

the address shown above via the United States Postal Service. Thank you. 
_3_ 

.11/21/0 2 THU 19:5 4 FAX @]002 

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51.165 Amendatory Language 11/19/02 

(D) This definition shall not apply with respect to a 

particular regulated NSR pollutant when the major- stationary 

source is complying with the requirements under paragraph 

(f) of this section for a^PAL-s- for that pollutant. Instead, 

the definition at paragraph (f)(2)(viii) of this section 

shall apply. 

(vi)(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: 

(2.) The increase in emissions from a particular 

physical change or change in the method of operation at a 

stationary ssoujr o uri c e ^ials&gla&t^ R tfe 3pacr a'fl-ir- & o h £ 

0/, ":(-.:gt: 1^:- ;'-'(="-^r >:.^"-'i^jP^;ciaiEnv=ifci^:dj:-B 1^ i :J

:^!ts:cS:teji3Li :ci>:tbi: ^ an d 

(22) Any other increases and decreases in actual 

emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise 

creditable. Baseline a';e-tual:c

:lemissions for calculating 

increases and decreases under this paragraph 

(a) (1) (vi) (A) (22) shall be determined as provided in 

paragraph (a) (1) (xxxv) of this section, except that 

paragraphs (a) (1) (xxxv) (A) (1) and (a) (1) (xxxv) (B) (J4-4-) of 

this section shall not apply— )33arqd 
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4«K 

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51.165 Amendatory Language 11/19/02 

V MM. 4****- ,j c(35:}3;cpca#aair&pfe3:^ shall , no t 

l^^'n^J{0 ap^l.y:Vfa:fV:C:d:e:ta:Krttih'i:h:.gi:ja;c^ a 

v. t\ x .V'MJ**' ch:anqe:3: 

•k -k -k -k k 

(C) An increase or decrease in actual emissions is 

creditable only if: 

(JL) It occurs within a reasonable period to be 

specified by the reviewing authority; and 

(2.) The reviewing authority has not relied on it in 

issuing a permit for the source under regulations approved 

pursuant to this section, which permit is in effect when the 

increase in actual emissions from the particular change 

occurs; and 

(3.) The increase or decrease in emissions did not 

occur at a Clean Unit, except as provided in paragraphs 

(c)(8) and (d)(10) of this section. 

E) * * * 

(2.) It is enforceable as a practical matter at and 

after the time that actual construction on the particular 

change begins; and 

****•* • 

(±) It has approximately the same qualitative 
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51.165 Amendatory Language 11/19/02 

lieeta'll-yx^enforceable during the consecutive 24-month period . 

(J3) When a project involves physical changes—to or 

changes—in the method of operation of multiple emissions 

units, only one consecutive 24-month period may be used to 

determine the baseline actual emissions for the emissions 

units being changed. 

(4.) 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 

(a) (1) (xxxv) (A) (2.) of this section. 

(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 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 reviewing authority for a 

permit required either under this section or under a plan 

approved by the Administrator, whichever is earlier, except 

that the 10-year period shall not include any period earlier 

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51.165 Amendatory Language 11/19/02 

than November 15, 1990. 

(1) The average rate shall include fugitive emissions 

to the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(22) 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 

k/OW^^^T' l^da 371 ycc:enforceable during the consecutive 24-month period. 

. (3.) 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 24-month period. However, if an emission 

limitation is part of a maximum achievable control 

technology standard that the Administrator proposed or 

promulgated under part 63 of this chapter, 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 consistent with the 

requirements of paragraph (a)(3)(ii)(G) of this section. 

(4_) When a project involves physical—changes—to or 

changes—in—the method of—operation—erf—multiple emissions 

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51.165 Amendatory Language 11/19/02 

preconstruction permit program that has been approved by the 

Administrator and incorporated into the 'State' s 

Ijuplementation Plan—(the planj- to implement the requirements 

of §51.166 of this ch-ayst'er«• ect-ironr.hnvat.»?• r, or under the 

program in §52.21 of this chapter. 

f/.-xXJS.ii) Fod^ral Laud lluix-iaci. ric-~u\Kr w-ih ^^sp^r.M^o 

•suw 2<z;idz i.n L3tp .fir-aia^od KLal g^,.

 i h.<i Se>~rotagy n„ j3j/ 

d^6',x;lcie.".i w,lh Aui.ly-rll y ov»r s „r,h Lar-d*-,. tjUCki 

(2) Applicability procedures. / ^fljf?i -»/LV^ -A-

(i) Each plan shall adopt a preconstructipn review v%.C^\fi 

program to satisfy the requirements of sections! 172 (b) (6)/, 

172(c)(5), and 173 of the Act for any area designated 

nonattainment for any national ambient air quality standard 

under 40 CFR 81.300 et seq. Such a program shall apply to 

any new major stationary source or major modification that 

is major for the pollutant for which the area is designated 

nonattainment under section 107(d) (1) (A) (i) of the Act, if 

the stationary source or modification would locate anywhere 

in the designated nonattainment area. 

(ii) Each plan shall use the specific provisions of 

paragraphs (a)(2)(ii)(A) through (F) of this section. 

Deviations from these provisions will be approved only if 

the State specifically demonstrates that the submitted 

provisions are more stringent than or at least as stringent 

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51.165 Amendatory Language 11/19/02 

these units before the project equals or exceeds the 

significant amount for that pollutant (as defined in 

paragraph (a)(1)(x) of this section). 

(E) Emission test for projects that involve Clean 

Units. For a project that will be constructed and operated 

at a Clean Unit without causing the emissions unit to lose 

its Clean*Unit st atusd&fi 1 ct-ianion, no emissions increase is 

Lii iv IPCS' to occur. 

(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 paragraphs (a)(2)(ii)(C) 

through (E) of this section 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 paragraph (a)(1)(x) of this section). For 

example, if a project involves both an existing emissions 

unit and a Clean Unit, the projected increase is determined 

by summing the values determined using the method specified 

in paragraph (a)(2)(ii)(C) of this section for the existing 

unit and using the method specified in paragraph 

(a)(2)(ii)(E) of this section for the Clean Unit. 

(iii) *¥«& plan shall require that for any major 

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51.165 Amendatory Language 11/19/02 

stationary source for which—the—reviewing—authority—Wars 

established1a PAL for a regulated NSR pollutant, the major 

stationary source shall comply with requirements under 

paragraph (f) of this section. 

(iv) TT^pTpl an shall require that an3.o'wrie:r-3b:r:cloperator 

\ 

uhdfe:rtaik:i;nq:7

:;a7c;PCP3- (as defined in paragraph (a) (1) (xxv) of 

this section) shall comply with the requirements under 

paragraph (e) of this section. 

(3) * * * 

(ii) * * * 

(H) Decreases in actual emissions resulting from the 

installation of add-on control technology or application of 

pollution prevention measures that were relied upon in 

designating an emissions unit as a Clean Unit or a project 

as a PCP cannot be used as offsets. 

(I) Decreases in actual emissions occurring at a Clean 

Unit cannot be used as offsets, except as provided in 

paragraphs (c)(8) and (d)(10) of this section. Similarly, 

decreases in actual emissions occurring at a PCP cannot be 

used as offsets, except as provided in paragraph (e)(6)(iv) 

of this section. 

(J) The total tonnage of increased emissions, in tons 

per year, resulting from a major modification that must be 

offset in accordance with section 173 of the Act shall be 

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51.165 Amendatory Language 11/19/02 

emission limitations or work practice requirements in the 

permit for the unit that were adopted in conjunction with 

LAER or the project would alter any physical or operational 

characteristics that formed the basis for the LAER 

determination as specified in paragraph (c)(6)(iv) of this 

section, then the emissions unit loses its statusdeg + flT-aticm 

as a Clean Unit upon issuance of the necessary permit 

revisions (unless the unit requalifies as a Clean Unit 

pursuant to paragraph (c)(3)(iii) of this section). If the 

owner or operator begins actual construction on the project 

without first applying to revise the emissions unit's 

permit, the Clean Unit statuses:,ar'at icm ends immediately 

prior to the time when actual construction begins. 

(iv) A project that causes an emissions unit to lose 

its statusdesignatton as a Clean Unit is subject to the 

applicability requirements of paragraph (a)(2)(ii)(A) 

/• A*A Or) 

through (D)/of this section as if the emissions unit is not 

a Clean Unit. 

(v) Certain Emissions Units with PSD permits. For 

emissions units that meet the requirements of paragraph 

(c) (2) (v) (±§|) and (iff) of this section, the BACT level of 

emissions reductions ard/or wo'fc practice ^emr re-nvsnts shall 

e~e~cuwu£~ee£e~£e~e*'^£.—-—Cx*c~z.*c&<*eB*wcxX,+.ix.—..t-r.e£i-x^t^~.^—&*d^xMx^£u*%*Jt^U~x."ultcx.cr,..ct.t..i 

satisfy the requirement for LAER in meeting the requirements 

for Clean. Units under paragraphs (c) (3) through (8) of this 

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51.165 Amendatory Language 11/19/02 

section . To;-: thes e err?.ssions un.-ts., al l requirement-3- for. 

zhe !.#?;& detemiration , under paragraphs (cj <-;> (ii.t and. ;ii.i: 

o,f t'-iXB sectio n a-sha 11 .also svmly t o the-- r^CT permit tern s 

,.r.:f«.-wcMay^j«aM:c.aCc:..^;«,ra-<a.,^^ 

and. conditions. In. addition; the requirements of "jarscrrapr; 

(.c) P ) i'i) 3? of this section do not arpiv to exaissions units, 

that qualify for Ciean Unit status under this war^rapb, 

(if|) The emissions unit must have received a PSD 

permit within the last 10 years and such permit must require 

the emissions unit to comply with BACT. 

(g|§) The emissions unit must be located in an area 

that was redesignated as nonattainment for the relevant 

pollutant (s) after issuance of the PSD permit and before the 

effective date of the Clean Unit Test provisions in the 

area. 

(3) Qualifying or re-qualifvinq to use the Clean Unit 

applicability test. An emissions unit automatically 

qualifies as a Clean Unit when the unit meets the criteria 

below in paragraphs (c)(3)(i) and (ii) of this section. 

After the original Clean Unit statusdet:iCT.st" on expires in 

accordance with paragraph (c) (5) off this section or is lost 

this section, such 

lean Unit under either 

pursuant to paragraph (c) (2) (iii) o 

emissions unit may re-qualify as a 

paragraph (c) (3) (iii) below, or undfer the Clean Unit 

provisions in paragraph (d) of this^ection. To re-qualify 
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51.165 Amendatory Language 11/19/02 

standard, uncontrolled, new emissions unit of the same type. 

CB) The owner or operator made an investment to 

install the control technology. For the purpose of this 

determination, an investment includes expenses to research 

the application of a pollution prevention technique to the 

emissions unit or expenses to apply a pollution prevention 

technique to an emissions unit. 

(iii) Re-aualifvinq for

 :th:^3-Clean Unit 

stafcusdesiqhatiori. The emissions unit must obtain a new 

major NSR permit that requires compliance with the currentday LAER, and the emissions unit must meet the requirements 

in paragraphs (c)(3)(i) and (c)(3)(ii) above. 

(4) Effective date of th-e3.;Clean Unit 

statusde.siqnaitioh. The effective date of an emissions 

unit's Clean Unit statusdesiqiiiat-io.h (that is, the date on 

which the owner or operator may begin to use the Clean Unit 

Test to determine whether a project at the emissions' unit is 

a major modification) is determined according to the 

applicable paragraph (c) (4) (i) or (c) (4) (ii) below. 

(i) Original Clean Unit statusdesTLqnafcion, and 

emissions units that re-qualifv as Clean Units bv 

implementing a new control technology to meet current-dav 

LAER. The effective date is the date the emissions unit's 

air pollution control technology is placed into service, or 

©01.1. 

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51.165 Amendatory Language 11/19/02 

restrictions for one pollutant affects Clean Unit 

s±atusd:e;s:lq'h;atiQti only for that pollutant. 

(i) The Clean Unit must comply with the emission 

limitation(s) and/or work practice requirements adopted in 

conjunction with the LAER that is recorded in the major NSR 

permit, and subsequently reflected in the title V permit. 

(A) The owner or operator may not make a physical 

change in or change in the method of operation of the Clean 

Unit that causes the emissions unit to function in a manner 

that is inconsistent with the physical or operational 

characteristics that formed the basis for the LAER 

determination (e.g., possibly the emissions unit's capacity 

or throughput). 

(B) The Clean Unit may not emit above a level thjpt has„ 

(ii) The Clean Unit must comply with any terms and 

conditions in the title V permit related to the unit's Clean 

Unit status de 5:l;qri;aK-i;o:h;. 

(iii) The Clean Unit must continue to control 

emissions using the specific air pollution control 

technology that was the basis for its Clean Unit 

statusd6;g-i;qn:afe:&Qri. If the emissions unit or control 

technology is replaced, then the Clean Unit 

statusde;sighat:i7dh ends. 

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51.165 Amendatory Language 11/19/02 

(8) Offsets and netting at Clean Units. Emissions 

changes that occur at a Clean Unit must not be included in 

calculating a significant net emissions increase (that is, 

must not be used in a "netting analysis"), or be used for 

generating offsets unless such use occurs before the 

effective date of fel&ellClean Unit status€.e:s

:igflat:i:dn, or after 

the Clean Unit statusMi^-sJghca-til&ft expires; or, unless the 

emissions unit reduces emissions below the level that 

qualified the unit as a Clean Unit. However, if the Clean 

Unit reduces emissions below the level that qualified the 

unit as a Clean Unit, then, the owner or operator may 

generate a credit for the difference —between the level that 

qualified the unit as a Clean Unit and the new emissions1 iini 131 imitation if such reductions are s 

mforceablvlriTs—a 

urplus, /^^"^"V 

quantifiable, permanent and^ 

practical matter .1 

(9) Effect of redesignation on thsvcClean Unit 

<&az sU 

or (A 

statusd&sl^naicjpn . The Clean Unit s-fc-ertusdeisiicgna-tion of an

 Qr~%X & 

emissions unit is not affected by redesignation of the fdrattainment status of the area in which it is located. That (^ v~° 

is, if a Clean Unit is located in an attainment area and the '<-£- _. 

area is redesignated to nonattainment, its Clean Unit (J 

statusdeis:iqti'a-t:i:dh is not affected. Similarly, redesignation 

from nonattainment to attainment does not affect th.e: Clean 

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51.165 Amendatory Language 11/19/02 

the necessary permit revisions (unless the unit re-qualifies 

as a Clean Unit pursuant to paragraph (d)(3)(iv) of this 

section). If the owner or operator begins actual 

construction on the project without first applying to revise 

the emissions unit's permit, the Clean Unit 

statu5de:s

!lignat^oh ends immediately prior to the time when 

actual construction begins. 

(iv) A project that causes an emissions unit to lose 

its st-atusdea^griatildn as a Clean Unit is subject to the 

applicability requirements of paragraph (a)(2)(ii)(A) 

through (D)Jof this section as if the emissions unit were 

never a Clean Unit. 

(3) Qualifying or re-qualifying to use the Clean Unit. 

applicability test. An.emissions unit qualifies as a Clean 

Unit when the unit meets the criteria below in 

paragraphs (d)(3)(i) through (iii) of this section. After 

the original Clean Unit statustdesiiignatib'h expires in 

accordance with paragraph (d)(6) of this section or is lost 

pursuant to paragraph (d) (2) (iii) of this section, such 

emissions unit may re-qualify as a Clean Unit under either 

paragraph (d)(3)(iv) below, or under the Clean Unit 

provisions in paragraph (c) of this section. To re-qualify 

as a Clean Unit under paragraph (d)(3)(iv), the emissions 

unit must obtain a new permit issued pursuant to the 

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51.165 Amendatory Language 11/19/02 

requirements in paragraphs (d)(7) and (8) and meet all the 

criteria below in paragraph (d)(3)(iv). The reviewing 

authority will make a separate Clean Unit st-atusdesiqnation 

for each pollutant emitted by the emissions unit for which 

the emissions unit qualifies as a Clean Unit. 

(i) Qualifying air pollution control fE'i linnl ngj paly S ^ 

Air pollutant emissions from the emissions unit must be c1^ CV ] V 

reduced through the use of ctn—air pollution control 

technology (which includes pollution prevention as defined 

under paragraph (a)(1)(xxvi)) or work practices ^ that meet | 

both the following requirement s~c;ln :::pa'r-adra.ph;s3.:^dcy (.3) -(.1). ;(A) 

and::3;(B;)c;:^d:f3::th-lSc:::gecti;&h:3 

(A) The owner or operator has demonstrated that the 

emissions unit's control technology is comparable to LAER 

according to the requirements of paragraph (d)(4) of this 

section. However, the emissions unit is not eligible for 

the3:Clean Unit statusdesignation if its emissions are not 

reduced below the level of a standard, uncontrolled 

emissions unit of the same type, (e.g., if the LAER 

determinations to which it is compared have resulted in a 

determination that no control measures are required) . 

(B) The owner or operator made an investment to 

install the control technology. For the purpose of this 

determination, an investment includes expenses to research 

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51.165 Amendatory Language 11/19/02 

that the control technology is achieving a level of emission 

control that is comparable to LAER (e.g., possibly the 

emissions unit's capacity or throughput). 

(iii) The Clean Unit may not emit above a level that * _. 

(iv) The Clean Unit must comply with any terms and 

conditions in the title V permit related to the unit's Clean 

Unit 'Statusdesignation. 

(v) The Clean Unit must continue to control emissions 

using the specific air pollution control technology that was 

the basis for its Clean Unit s t at us desi^natx-oh . If the 

emissions unit or control technology is replaced, then the 

Clean Unit status'd:e&i:ghatxoh ends. 

(10) Offsets and Netting at Clean Units. Emissions 

changes that occur at a Clean Unit must not be included in 

calculating a significant net emissions increase (that is, 

must not be used in a "netting analysis"), or be used for 

generating offsets unless such use occurs before the 

effective date of plan requirements adopted to implement 

this paragraph (d) or after the Clean Unit statusdesiqnaition 

expires; or, unless the emissions unit reduces emissions 

below the level that qualified the unit as a Clean Unit. 

However, if the Clean Unit reduces emissions below the level 

that qualified the unit as a Clean.Unit, then the owner or 

57 
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51.165 Amendatory Language 11/19/02 

operator may generate a credit for the difference between 

the level that qualified the unit as a Clean Unit and the 

emissions unit's new emissions—1 imi t 3l:l^j t at i on if such 

reductions are surplus, quantifiable, permanent arid 

ifefl'ar7jfj*_rfr3enforceableAa-s—a practical matter 

(11) Effect of redesignation on thecClean Unit 

statusote-sii^ri-atTboti. The Clean Unit statusde&ia-hatlori of an 

emissions unit is not affected by redesignation of the 

attainment status of the area in which it is located. That 

is, if a Clean Unit is located in an attainment area and the 

area is redesignated to nonattainment, its Clean Unit 

statusdfesxghatioh is not affected. Similarly, redesignation 

from nonattainment to attainment does not affect the Clean 

Unit statusde-s.:ighai;t-;l'oh;. However, if a Clean Unit's 

statusde-siignat-idn expires or is lost pursuant to paragraphs 

(c) (2) (iii) and (d) (2) (iii) of this section, it must requalify under the requirements that are currently 

applicable. 

(e) PCP exclusion procedural requirements. Each'plan 

shall include provisions for PCPs equivalent to those 

contained in paragraphs (e)(1) through (6) of this section. 

(1) Before an owner or operator begins actual 

construction of a PCP, the owner or operator must either 

submit a notice to the reviewing authority if the project is 

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51.165 Amendatory Language 11/19/02 

credit for the difference between the level of reduction 

which was used to qualify for the PCP exclusion and the new 

emissions—1 imit;7cl;iMit;a;ti:dn if such reductions are surplus p , "^ Jf4'-*^ 

quantifiable , permanent, and Bfedoife^J^ittJenforceable/a-g—a " 

practica l matter. / X* Q 

(f) Actuals PALs. ¥*^plan shall provide for PALs 

A 

according to the provisions in paragraphs (f)(1) through 

(15) of this section. 

(1) Applicability. 

(i) The reviewing authority may approve the use of an 

actuals PAL (PAL)—for any existing major stationary source 

(except as provided in paragraph (f)(1)(ii) of this section) 

if the PAL meets the requirements in paragraphs (f) (1) 

through (15) of this section. The term "PAL" shall mean 

"actuals PAL" throughout paragraph (f) of this section. 

(ii) The reviewing authority shall not allow an 

actuals PAL for \^OC77ocfe;3:H-Q,3'7f £.£ rr a n y major stationary source 

located in an extreme ozone nonattainment area. 

(iii) Any physical change in or change in the method 

of operation of a major stationary source that maintains its 

total source-wide emissions below the PAL level, meets the 

requirements in paragraphs (f)(1) through (15) of this 

section, and complies with the PAL permit: 

(A) Is not a major modification for the PAL pollutant; 

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51.165 Amendatory Language .11/19/02 

designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of 

the source shall indicate which, if any, Federal or State 

applicable requirements, emissions—1 imits- :-l;iih:i:t-a-t:ions or 

work practices apply to each unit. 

(ii) Calculations of the baseline actual emissions 

(with supporting documentation). Baseline actual emissions 

are to include emissions associated not only with operation 

of the unit, but also emissions associated with startup, 

shutdown and malfunction. 

(iii) The calculation procedures that the major 

stationary source owner or operator proposes to use to 

convert the monitoring system data jtp monthly emissions and 

annual emissions b:a;ge:;^:-:"^h73-a:^iil2Sfeoh; ti i22r£ a li'ing : :-t:6 tai'13#»ir:.."_ a a l O 

wtnnTTSy ;;a s requi ;quire. d by paragraph (f)(13)(i) of this section. 

(4) General reguirements for establishing PALs. 

(i) The plan allows the reviewing authority to 

establish a PAL at a major stationary source, provided that 

at a minimum, the- requirements in paragraphs (f)(4)(i)(A) 

through (G) of this section are met. 

(A) The PAL shall impose an annual emission limitation 

expressed in tons per year^ that is enforceable as a 

practical matter, for the entire major stationary source. 

For each month during the PAL effective period after the 

69 
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P.21 

©020 

Internal and Deliberative Draft- Do not quote, cite, copy, or distribute. 

51.165 Amendatory Language 11/19/02 

monitoring system data to monthly,emissions and annual 

emissions ro 11 ed&a&eli^Qn a/monthly oasisi'2-mdntfecrolllng 

.t:o:ti:a'Zl73-i:^^:i;c:7'l_

:_L';_l'i\".3ju as required by paragraph (f) (13) (i) of 

this section. 

(vii) A requirement that the major stationary source 

owner or operator monitor all emissions units in accordance 

with the provisions and prohibitions under paragraph (f)(12) 

of this section. 

(viii) A requirement to retain the records required 

under paragraph (f)(13) of this section on site. Such 

records may be retained in an electronic format. 

(ix) A requirement to submit the reports required 

under paragraph (f)(14) of this section by the required 

deadlines. 

(x) Any other requirements that the reviewing 

authority deems necessary to implement and enforce the PAL. 

(8) PAL effective period and reopening of the PAL 

permit. The plan shall require the information in 

paragraphs (f) (8) (i) and (ii) of this section. 

(i) PAL effective period. The reviewing authority 

shall specify a PAL effective period of 10 years. 

(ii) Reopening of the PAL permit. 

(A) During the PAL effective period, the plan shall 

require the reviewing authority to reopen the PAL permit to: 

74