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Proposed effective date: February 25, 2011                            

SOUTH CAROLINA 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS 

REGULATION 61-62.5 

AIR POLLUTION CONTROL STANDARDS 

STANDARD NO. 7 

PREVENTION OF SIGNIFICANT DETERIORATION

(a)(1) Reserved. 

 (2) Applicability procedures. 

 (i) The requirements of this regulation apply to the construction of any new major stationary source (as 

defined in paragraph (b)(32)) or any project at an existing major stationary source in an area designated as 

attainment or unclassifiable under 40 CFR 81.341. 

 (ii) The requirements of paragraphs (j) through (r) apply to the construction of any new major stationary 

source or the major modification of any existing major stationary source, except as this section otherwise 

provides. 

 (iii) No new major stationary source or major modification to which the requirements of paragraphs (j) 

through (r)(5) apply shall begin actual construction without a permit that states that the major stationary 

source or major modification will meet those requirements. The Department has authority to issue any such 

permit. 

 (iv) The requirements of the program will be applied in accordance with the principles set out in 

paragraphs (a)(2)(iv)(a) through (f). 

 (a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi), and consistent with the definition of 

major modification contained in paragraph (b)(30), a project is a major modification for a regulated New 

Source Review (NSR) pollutant if it causes two types of emissions increases – a significant emissions 

increase (as defined in paragraph (b)(50)), and a significant net emissions increase (as defined in paragraphs 

(b)(34) and (b)(49)). 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 (a)(2)(iv)(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 paragraph (b)(34). 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 paragraph (b)(41)) and the baseline actual 
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emissions (as defined in paragraphs (b)(4)(i) and (ii)), for each existing emissions unit, equals or exceeds the 

significant amount for that pollutant (as defined in paragraph (b)(49)). 

 (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 paragraph (b)(37)) from each new emissions unit following 

completion of the project and the baseline actual emissions (as defined in paragraph (b) (4)(iii)) of these units 

before the project equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(49)). 

 (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 paragraphs (a)(2)(iv)(c) and (d) as applicable with respect to 

each emissions unit, equals or exceeds, the significant amount for that pollutant (as defined in paragraph 

(b)(49)). 

 (v) For any major stationary source for a Plantwide Applicability Limitation (PAL) for a regulated NSR 

pollutant, the major stationary source shall comply with the requirements under paragraph (aa). 

(b) Definitions. 

 For the purposes of this regulation: 

 (1)(i) “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an 

emissions unit, as determined in accordance with paragraphs (b)(1)(ii) through (iv), except that this 

definitions shall not apply for calculating whether a significant emissions increase has occurred, or for 

establishing a PAL under paragraph (aa). Instead, paragraphs (b)(41) and (b)(4) shall apply for those 

purposes. 

 (ii) 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 24-month period which precedes the 

particular date and which is representative of normal source operation. The Department 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. 

 (iii) The Department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

 (iv) 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) “Adverse impact on visibility” means visibility impairment which interferes with the management, 

protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This 

determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, frequency and time of visibility impairment, and how these factors correlate with (1) times of visitor 

use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. 

 (3)“Allowable emissions” means the emissions rate of a stationary source calculated using the maximum 

rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the 
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operating rate, or hours of operation, or both) and the most stringent of the following: 

 (i) The applicable standards as set forth in 40 CFR 60 and 61; 

 (ii) The applicable State Implementation Plan emissions limitation, including those with a future 

compliance date; or 

 (iii) The emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

 (4) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR 

pollutant, as determined in accordance with paragraphs (b)(4)(i) through (iv). 

 (i) 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 24-month period 

selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

begins actual construction of the project. The Department shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. 

 (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated 

with startups and shutdowns. 

 (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred 

while the source was operating above any emission limitation that was legally enforceable during the 

consecutive 24-month period. 

 (c) For a regulated NSR pollutant, when a project involves multiple emissions units, only one 

consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 

 (d) 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 (b)(4)(i)(b). 

 

 (ii) 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 Department for a permit required 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 than November 15, 1990. The Department reserves the right to determine if the 24-

month period selected is appropriate. 

 (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated 

with startups and shutdowns. 

 (b) 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 legally enforceable during the 

consecutive 24-month period. 

 (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an 
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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 40 CFR 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 consistent 

with the requirements of 40 CFR 51.165(a)(3)(ii)(G). 

 (d) For a regulated NSR pollutant, when a project involves multiple emissions units, only one 

consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions 

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 

 (e) 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 

paragraphs (b)(4)(ii)(b) and (c). 

 (iii) 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. 

 (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in paragraph (b)(4)(i), for 

other existing emissions units in accordance with the procedures contained in paragraph (b)(4)(ii), and for a 

new emissions unit in accordance with the procedures contained in paragraph (b)(4)(iii). 

 (5)(i) “Baseline area” means any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under section 107(d)(1)(D) or (E) of the Clean Air Act in which the major source or major 

modification establishing the minor source baseline date would construct or would have an air quality impact 

equal to or greater than 1 μg/m3

 (annual average) of the pollutant for which the minor source baseline date is 

established. 

 (ii) Area redesignations under section 107(d)(1)(D) or (E) of the Clean Air Act cannot intersect or be 

smaller than the area of impact of any major stationary source or major modification which: 

 (a) Establishes a minor source baseline date; or 

 (b) Is subject to 40 CFR 51.166 and would be constructed in the same state as the state proposing the 

redesignation. 

 (iii) Any baseline area established originally for the TSP increments shall remain in effect and shall 

apply for purposes of determining the amount of available PM10 increments, except that such baseline area 

shall not remain in effect if the Department rescinds the corresponding minor source baseline date in 

accordance with paragraph (b)(31)(iv). 

 (6)(i) “Baseline concentration” means that ambient concentration level that exists in the baseline area at 

the time of the applicable minor source baseline date. A baseline concentration is determined for each 

pollutant for which a minor source baseline date is established and shall include: 

 (a) The actual emissions, as defined in paragraph (b)(1), representative of sources in existence on the 

applicable minor source baseline date, except as provided in paragraph (b) (6)(ii); and 

 (b) The allowable emissions of major stationary sources that commenced construction before the 
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major source baseline date, but were not in operation by the applicable minor source baseline date. 

 (ii) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 

 (a) Actual emissions, as defined in paragraph (b)(1), from any major stationary source on which 

construction commenced after the major source baseline date; and 

 (b) Actual emissions increases and decreases, as defined in paragraph (b)(1), at any stationary source 

occurring after the minor source baseline date. 

 (7)“Begin actual construction” means, in general, initiation of physical on-site construction activities on 

an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation 

of building supports and foundations, laying underground pipework and construction of permanent storage 

structures. With respect to a change in method of operations, this term refers to those on-site activities other 

than preparatory activities which mark the initiation of the change. 

 (8) “Best available control technology” means an emissions limitation (including a visible emission 

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 Department, on a caseby-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 CFR 60 and 61. If the Department 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 best available control 

technology. 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. 

 (9) “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 first 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 4101-0066 and 003-005-00176-0, respectively). 

 (10) “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. 

 (11) “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 $2,500,000,000 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 20 

percent of the total cost of the demonstration project. 
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 (12) [Reserved] 

 (13) “Commence” as applied to construction of a major stationary source or major modification means that 

the owner or operator has all necessary preconstruction approvals or permits and either has: 

 (i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

completed within a reasonable time; or 

 (ii) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

without substantial loss to the owner or operator, to undertake a program of actual construction of the source 

to be completed within a reasonable time. 

 (14) “Complete” means in reference to an application for a permit, that the application contains all of the 

information necessary for processing the application. 

 (15) “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 actual emissions. 

 (16) “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this regulation, to sample, condition (if 

applicable), analyze, and provide a record of emissions on a continuous basis. 

 (17) “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). 

 (18) “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to meet 

the data acquisition and availability requirements of this regulation, 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. 

 (19) “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. 

 (20) “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 utility steam generating unit as defined in paragraph 

(b)(19). For purposes of this regulation, there are two types of emissions units as described in paragraphs 

(b)(20)(i) and (ii). 

 (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed 

for less than 2 years from the date such emissions unit first operated. 

 (ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph 

(b)(20)(i). A replacement unit, as defined in paragraph (b)(45), is an existing emissions unit. 
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 (21) “Federal Land Manager” means, with respect to any lands in the United States, the Secretary of the 

department with authority over such lands. 

 (22) “Federally enforceable” means all limitations and conditions which are enforceable by the 

Administrator, including those requirements developed pursuant to 40 CFR 60 and 61, requirements within 

any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or 

under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under an 

EPA-approved program that is incorporated into the State implementation plan and expressly requires 

adherence to any permit issued under such program. 

 (23) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

 (24) “High terrain” means any area having an elevation 900 feet or more above the base of the stack of a 

source. 

 (25) “Indian Governing Body” means the governing body of any tribe, band, or group of Indians subject 

to the jurisdiction of the United States and recognized by the United States as possessing power of self 

government. 

 (26) “Indian Reservation” means any federally recognized reservation established by Treaty, Agreement, 

Executive Order, or Act of Congress. 

 (27) “Innovative control technology” means any system of air pollution control that has not been 

adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous 

emissions reduction than any control system in current practice or of achieving at least comparable reductions 

at lower cost in terms of energy, economics, or nonair quality environmental impacts. 

 (28) “Low terrain” means any area other than high terrain. 

 (29) “Lowest achievable emission rate (LAER)” is as defined in paragraph (c)(5) of Regulation 61-62.5 

Standard 7.1, “Nonattainment New Source Review.” 

 (30)(i) “Major modification” means any physical change in or change in the method of operation of a 

major stationary source that would result in: a significant emissions increase (as defined in paragraph (b)(50)) 

of a regulated NSR pollutant (as defined in paragraph (b)(44)); and a significant net emissions increase of that 

pollutant from the major stationary source. 

 (ii) Any significant emissions increase (as defined in paragraph (b)(50)) from any emissions units or net 

emissions increase (as defined in paragraph (b)(34)) at a major stationary source that is significant for volatile 

organic compounds or oxides of nitrogen shall be considered significant for ozone. 

 (iii) A physical change or change in the method of operation shall not include: 

 (a) Routine maintenance, repair and replacement; 

 (b) 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; 

 (c) Use of an alternative fuel by reason of an order or rule under section 125 of the Clean Air Act; 
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 (d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from 

municipal solid waste; 

 (e) Use of an alternative fuel or raw material by a stationary source which: 

 (1) The source was capable of accommodating before January 6, 1975, unless such change would be 

prohibited under any federally enforceable permit condition which was established after January 6, 1975 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166; or 

 (2) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations 

approved pursuant to 40 CFR 51.166; 

 (f) An increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit condition which was established after January 6, 1975, 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166. 

 (g) Any change in ownership at a stationary source. 

 (h) [Reserved] 

 

 (i) The installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with: 

 (1) The State implementation plan for the State in which the project is located, and 

 (2) Other requirements necessary to attain and maintain the national ambient air quality standards 

during the project and after it is terminated. 

 (j) The installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. 

 (k) The reactivation of a very clean coal-fired electric utility steam generating unit. 

 (iv) 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 (aa) for a PAL for that pollutant. 

Instead, the definition at paragraph (aa)(2)(viii) shall apply. 

 (31)(i) “Major source baseline date” means: 

 (a) In the case of particulate matter and sulfur dioxide, January 6, 1975, and 

 (b) In the case of nitrogen dioxide, February 8, 1988. 

 (ii) “Minor source baseline date” means the earliest date after the trigger date on which a major 

stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 

CFR 51.166 submits a complete application under the relevant regulations. The trigger date is: 

 (a) In the case of particulate matter and sulfur dioxide, August 7, 1977, and 
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 (b) In the case of nitrogen dioxide, February 8, 1988. 

 (iii) The baseline date is established for each pollutant for which increments or other equivalent measures 

have been established if: 

 (a) The area in which the proposed source or modification would construct is designated as attainment 

or unclassifiable under section 107(d)(i)(D) or (E) of the Federal Clean Air Act for the pollutant on the date of 

its complete application under 40 CFR 52.21; and 

 (b) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, 

in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

 (iv) Any minor source baseline date established originally for the TSP increments shall remain in effect 

and shall apply for purposes of determining the amount of available PM10 increments, except that the 

Department shall rescind a minor source baseline date where it can be shown, to the satisfaction of the 

Department, that the emissions increase from the major stationary source, or net emissions increase from the 

major modification, responsible for triggering that date did not result in a significant amount of PM10

emissions. 

 (32)(i) “Major stationary source” means: 

 (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 

100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp 

mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore 

reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of 

refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock 

processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary 

lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process 

plants (which does not include ethanol production facilities that produce ethanol by natural fermentation 

included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) totaling more than 

250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal 

production plants; 

 (b) Notwithstanding the stationary source size specified in paragraph (b)(32)(i), any stationary source 

which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or 

 (c) Any physical change that would occur at a stationary source not otherwise qualifying under 

paragraph (b)(32), as a major stationary source, if the changes would constitute a major stationary source by 

itself. 

 (ii) A major stationary source that is major for volatile organic compounds or oxides of nitrogen shall be 

considered major for ozone. 

 (iii) The fugitive emissions of a stationary source shall not be included in determining for any of the 

purposes of this regulation whether it is a major stationary source, unless the source belongs to one of the 

following categories of stationary sources: 

 (a) Coal cleaning plants (with thermal dryers); 
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 (b) Kraft pulp mills; 

 (c) Portland cement plants; 

 (d) Primary zinc smelters; 

 (e) Iron and steel mills; 

 (f) Primary aluminum ore reduction plants; 

 (g) Primary copper smelters; 

 (h) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (i) Hydrofluoric, sulfuric, or nitric acid plants; 

 (j) Petroleum refineries; 

 (k) Lime plants; 

 (l) Phosphate rock processing plants; 

 (m) Coke oven batteries; 

 (n) Sulfur recovery plants; 

 (o) Carbon black plants (furnace process); 

 (p) Primary lead smelters; 

 (q) Fuel conversion plants; 

 (r) Sintering plants; 

 (s) Secondary metal production plants; 

 (t) 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; 

 (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per 

hour heat input; 

 (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

 (w) Taconite ore processing plants; 

 (x) Glass fiber processing plants; 

 (y) Charcoal production plants; 

 (z) Fossil fuel-fired steam electric plants of more that 250 million British thermal units per hour heat 
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input, and 

 (aa) 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. 

 (33) “Necessary preconstruction approvals or permits” means those permits or approvals required under 

federal air quality control laws and regulations and those air quality control laws and regulations which are 

part of the applicable State Implementation Plan. 

 (34)(i) “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: 

 (a) The increase in emissions from a particular physical change or change in method of operation at a 

stationary source as calculated pursuant to paragraph (a)(2)(iv); and 

 (b) 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 actual emissions for 

calculating increases and decreases under this paragraph (b)(34)(i)(b) shall be determined as provided in 

paragraph (b)(4), except that paragraphs (b)(4)(i)(c) and (b)(4)(ii)(d) shall not apply. 

 (ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular 

change only if it occurs between: 

 (a) The date five years before construction on the particular change commences; and 

 (b) The date that the increase from the particular change occurs. 

 (iii) An increase or decrease in actual emissions is creditable only if: 

 (a) The Department has not relied on it in issuing a permit for the source under this section, which 

permit is in effect when the increase in actual emissions from the particular change occurs; and 

 (b) [Reserved] 

 (c) It occurs within five years before the date that the increase from the particular change occurs. 

 (iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxide, 

that occurs before the applicable minor source baseline date is creditable only if it is required to be considered 

in calculating the amount of maximum allowable increases remaining available 

 (v) An increase in actual emissions is creditable only to the extent that the new level of actual emissions 

exceeds the old level. 

 (vi) A decrease in actual emissions is creditable only to the extent that: 

 (a) The old level of actual emissions or the old level of allowable emissions, whichever is lower, 

exceeds the new level of actual emissions; 

 (b) It is federally enforceable at and after the time that actual construction on the particular change 

begins; and 
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 (c) It has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

 (vii) [Reserved] 

 (viii) 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. Any replacement 

unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 

180 days. 

 (ix) Paragraph (b)(1)(ii) shall not apply for determining creditable increases and decreases. 

 (35) [Reserved]

 (36) [Reserved]

 (37) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or 

the effect it would have on emissions is federally enforceable. Secondary emissions do not count in 

determining the potential to emit of a stationary source. 

 (38) “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. 

 (39) “Prevention of Significant Deterioration (PSD) program” means the EPA-implemented major 

source preconstruction permit programs or a major source preconstruction permit program that has been 

approved by the Administrator and incorporated into the State Implementation Plan pursuant to 40 CFR 

51.166 to implement the requirements of that section. Any permit issued under such a program is a major 

NSR permit. 

 (40) “Project” means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

 (41)(i) “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 5 years (12-month 

period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to 

emit 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. 

 (ii) In determining the projected actual emissions under paragraph (b)(41)(i) (before beginning actual 

construction), the owner or operator of the major stationary source: 

 (a) 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 State Implementation Plan; and 
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 (b) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups 

and shutdowns; and 

 (c) 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 24-month period used to establish the baseline actual emissions under paragraph (b)(4) and that 

are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or 

 (d) In lieu of using the method set out in paragraph (b)(41)(ii)(a) through (c), may elect to use the 

emissions unit's potential to emit, in tons per year, as defined under paragraph (b)(37). 

 (42) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical 

change or change in the method of operation associated with the commencement of commercial operations by 

a coal-fired utility unit after a period of discontinued operation where the unit: 

 (i) Has not been in operation for the two-year period prior to the enactment of the Clean Air Act 

Amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's 

emissions inventory at the time of enactment; 

 (ii) Was equipped prior to shut-down with a continuous system of emissions control that achieves a 

removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency for particulates of no 

less than 98 percent; 

 (iii) Is equipped with low-NOx burners prior to the time of commencement of operations following 

reactivation; and 

 (iv) Is otherwise in compliance with the requirements of the Clean Air Act. 

 (43) “Reasonably available control technology (RACT)” is as defined in 40 CFR 51.100(o). 

 (44) “Regulated NSR pollutant,” for purposes of this regulation, means the following: 

 (i) Any pollutant for which a national ambient air quality standard has been promulgated and any 

constituents or precursors for such pollutants identified by the Administrator (e.g., volatile organic 

compounds are precursors for ozone);. Precursors identified by the Administrator for purposes of NSR are the 

following: 

 (a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and 

unclassifiable areas. 

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. 

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable 

areas, unless the State demonstrates to the Administrator’s satisfaction or the EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s 

ambient PM2.5 concentrations. 

(d) Volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment or 

unclassifiable area, unless the State demonstrates to the Administrator’s satisfaction or the EPA demonstrates 
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that emissions of volatile organic compounds from sources in a specific area are a significant contributor to 

that area’s ambient PM2.5 concentrations. 

 (ii) Any pollutant that is subject to any standard promulgated under section 111 of the Clean Air Act; 

 (iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the 

Clean Air Act; or 

 (iv) Any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all 

hazardous air pollutants either listed in section 112 of the Clean Air Act or added to the list pursuant to 

section 112(b)(2) of the Clean Air Act, which have not been delisted pursuant to section 112(b)(3) of the 

Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor of a general pollutant listed under section 108 of the Clean Air Act. 

 (v) Reserved 

 (vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10 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 (or any earlier date established in the upcoming rulemaking codifying test methods), 

such condensable particulate matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for PM, PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for 

PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particular matter unless 

required by the terms and conditions of the permit or the applicable implementation plan. Applicability 

determinations made prior to this date without accounting for condensable particular matter shall not be 

considered in violation of this section unless the applicable implementation plan required condensable 

particular matter to be included. 

 (45) “Replacement unit” means an emissions unit for which all the criteria listed in paragraphs 

(b)(45)(i) through (iv) are met. No credible emission reductions shall be generated from shutting down the 

existing emissions unit that is replaced. 

 (i)The emissions unit is a reconstructed unit within the meaning of 40 CFR 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. 

 (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. 

 (46)(i) “Repowering” means replacement of an existing coal-fired boiler with one of the following clean 

coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined 

cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as 

determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of 

these technologies, and any other technology capable of controlling multiple combustion emissions 

simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction 

relative to the performance of technology in widespread commercial use as of November 15, 1990. 

 (ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal 
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technology demonstration funding as of January 1, 1991, by the Department of Energy. 

 (iii) The Department shall give expedited consideration to permit applications for any source that 

satisfies the requirements of this subsection and is granted an extension under section 409 of the Clean Air 

Act. 

 

 (47) Reserved 

 (48) “Secondary emissions” means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major stationary 

source or major modification itself. For the purposes of this section, secondary emissions must be specific, 

well defined, quantifiable, and impact the same general areas the stationary source modification which causes 

secondary emissions. Secondary emissions include emissions from any offsite support facility which would 

not be constructed or increase its emissions except as a result of the construction or operation of the major 

stationary source or major modification. Secondary emissions do not include any emissions which come 

directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, from a 

vessel; or from the following: 

 (i) Emissions from ships or trains coming to or from the new or modified stationary source; and 

 (ii) Emissions from any offsite support facility which would not otherwise be constructed or increase its 

emissions as a result of the construction or operation of the major stationary source or major modification. 

 (49)(i) “Significant” means, 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 and Emissions Rate 

 Carbon monoxide: 100 tons per year (tpy) 

 Nitrogen oxides: 40 tpy 

 Sulfur dioxide: 40 tpy 

 Particulate matter: 

 25 tpy of particulate matter emissions; 

 15 tpy of PM10 emissions 

 10 tpy of direct PM2.5 ; 

 40 tpy of sulfur dioxide emissions; 

 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under (b)44 of this 

section 

 Ozone: 40 tpy of volatile organic compounds or oxides of nitrogen 

 Lead: 0.6 tpy 

 Fluorides: 3 tpy 

 Sulfuric acid mist: 7 tpy 

 Hydrogen sulfide (H2S): 10 tpy 
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 Total reduced sulfur (including H2S): 10 tpy 

 Reduced sulfur compounds (including H2S): 10 tpy 

 Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins 

and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 x 10-6 tons per year). 

 Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per 

year) 

 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams 

per year (40 tons per year) 

 Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams 

per year (50 tons per year) 

 (ii) “Significant” means, in reference to a net emissions increase or the potential of a source to emit a 

regulated NSR pollutant that paragraph (b)(49)(i), does not list, any emissions rate. 

 (iii) Notwithstanding paragraph (b)(49)(i), significant means any emissions rate or any net emissions 

increase associated with a major stationary source or major modification, which would construct within 10 

kilometers of a Class I area, and have an impact on such area equal to or greater than 1 μg/m3

, (24-hour 

average). 

 (50) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that 

is significant (as defined in paragraph (b)(49)) for that pollutant. 

 (51) “Stationary source” means any building, structure, facility, or installation which emits or may emit a 

regulated NSR pollutant. 

 (52) “Temporary clean coal technology demonstration project” means a clean coal technology 

demonstration project that is operated for a period of 5 years or less, and which complies with the State 

implementation plans 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. 

 (53) “Volatile organic compounds (VOC)” is as defined in Regulation 61-62.1, Section I, Definitions. 

(c) Ambient air increments.

 In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration 

shall be limited to the following: 

CLASS I 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 4 Particulate matter: PM10, 24-hr maximum 8 

Sulfur dioxide: annual arithmetic mean 2 

24-hr maximum 5 
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CLASS I 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

3-hr maximum 25 

Nitrogen dioxide: annual arithmetic mean 2.5 

CLASS II 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 17 Particulate matter: PM10, 24-hr maximum 30 

annual arithmetic mean 20 

Sulfur dioxide: 24-hr maximum 91 

3-hr maximum 512 

Nitrogen dioxide: annual arithmetic mean 25 

CLASS III 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 34 Particulate matter: PM10, 24-hr maximum 60 

annual arithmetic mean 40 

Sulfur dioxide: 24-hr maximum 182 

3-hr maximum 700 

Nitrogen dioxide: annual arithmetic mean 50 

 For any period other than an annual period, the applicable maximum allowable increase may be exceeded 

during one such period per year at any one location. 

(d) Ambient air ceilings. 

 No concentration of a pollutant shall exceed: 

 (1) The concentration permitted under the national secondary ambient air quality standard, or 

 (2) The concentration permitted under the national primary ambient air quality standard, whichever 

concentration is lowest for the pollutant for a period of exposure. 

(e) Restrictions on area classifications. 

 (1) All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may 

not be redesignated: 

 (i) International parks, 

 (ii) National wilderness areas which exceed 5,000 acres in size, 

 (iii) National memorial parks which exceed 5,000 acres in size, and 
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 (iv) National parks which exceed 6,000 acres in size. 

 (2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall 

remain Class I, but may be redesignated as provided in this section. 

 (3) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated 

Class II, but may be redesignated as provided in this section. 

 (4) The following areas may be redesignated only as Class I or II: 

 (i) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a 

national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a 

national wildlife refuge, a national lakeshore or seashore; and 

 (ii) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 

acres in size. 

(f) [Reserved] 

(g) Redesignation. 

 (1) All areas (except as otherwise provided under paragraph (e)) are designated Class II as of December 5, 

1974. Redesignation (except as otherwise precluded by paragraph (e)) may be proposed by the respective 

States or Indian Governing Bodies, as provided below, subject to approval by the Administrator as a revision 

to the applicable State implementation plan. 

 (2) The State may submit to the Administrator a proposal to redesignate areas of the State Class I or Class 

II provided that: 

 (i) At least one public hearing has been held in accordance with procedures established in 40 CFR 

51.102; 

 (ii) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by 

the proposed redesignation were notified at least 30 days prior to the public hearing; 

 (iii) A discussion of the reasons for the proposed redesignation, including a satisfactory description and 

analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was 

prepared and made available for public inspection at least 30 days prior to the hearing and the notice 

announcing the hearing contained appropriate notification of the availability of such discussion; 

 (iv) Prior to the issuance of notice respecting the redesignation of an area that includes any Federal lands, 

the State has provided written notice to the appropriate Federal Land Manager and afforded adequate 

opportunity (not in excess of 60 days) to confer with the State respecting the redesignation and to submit 

written comments and recommendations. In redesignating any area with respect to which any Federal Land 

Manager had submitted written comments and recommendations, the State shall have published a list of any 

inconsistency between such redesignation and such comments and recommendations (together with the 

reasons for making such redesignation against the recommendation of the Federal Land Manager); and 

 (v) The State has proposed the redesignation after consultation with the elected leadership of local and 

other substate general purpose governments in the area covered by the proposed redesignation. 
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 (3) Any area other than an area to which paragraph (e) refers may be redesignated as Class III if – 

 (i) The redesignation would meet the requirements of paragraph (g)(2); 

 (ii) The redesignation, except any established by an Indian Governing Body, has been specifically 

approved by the Governor of the State, after consultation with the appropriate committees of the legislature, if 

it is in session, or with the leadership of the legislature, if it is not in session (unless State law provides that 

the redesignation must be specifically approved by State legislation) and if general purpose units of local 

government representing a majority of the residents of the area to be redesignated enact legislation or pass 

resolutions concurring in the redesignation: 

 (iii) The redesignation would not cause, or contribute to, a concentration of any air pollutant which 

would exceed any maximum allowable increase permitted under the classification of any other area or any 

national ambient air quality standard; and 

 (iv) Any permit application for any major stationary source or major modification, subject to review 

under paragraph (l), which could receive a permit under this section only if the area in question were 

redesignated as Class III, and any material submitted as part of that application, were available insofar as was 

practicable for public inspection prior to any public hearing on redesignation of the area as Class III. 

 (4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the 

appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Department a 

proposal to redesignate areas Class I, Class II, or Class III: Provided, That: 

 (i) The Indian Governing Body has followed procedures equivalent to those required of a State under 

paragraphs (g)(2), (g)(3)(iii), and (g)(3)(iv); and 

 (ii) Such redesignation is proposed after consultation with the State(s) in which the Indian Reservation is 

located and which border the Indian Reservation. 

 (5) The Administrator shall disapprove, within 90 days of submission, a proposed redesignation of any area 

only if it is found, after notice and opportunity for public hearing, that such redesignation does not meet the 

procedural requirements of this paragraph or is inconsistent with paragraph (e). If any such disapproval 

occurs, the classification of the area shall be that which was in effect prior to the redesignation which was 

disapproved. 

 (6) If the Administrator disapproves any proposed redesignation, the State or Indian Governing Body, as 

appropriate, may resubmit the proposal after correcting the deficiencies noted by the Administrator. 

(h) Stack heights. 

 (1) The degree of emission limitation required for control of any air pollutant under this section shall not be 

affected in any manner by-- 

 (i) So much of the stack height of any source as exceeds good engineering practice, or 

 (ii) Any other dispersion technique. 

 (2) Paragraph (h)(1) shall not apply with respect to stack heights in existence before December 31, 1970, or 

to dispersion techniques implemented before then. 
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(i) Exemptions

 (1) The requirements of paragraphs (j) through (r) shall not apply to a particular major stationary source or 

major modification, if: 

 (i) Construction commenced on the source or modification before August 7, 1977. The regulations at 40 

CFR 52.21 as in effect before August 7, 1977, shall govern the review and permitting of any such source or 

modification; or 

 (ii) The source or modification was subject to the review requirements of 40 CFR 52.21(d)(1) as in effect 

before March 1, 1978, and the owner or operator: 

 (a) Obtained under 40 CFR 52.21 a final approval effective before March 1, 1978; 

 (b) Commenced construction before March 19, 1979; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable time; or 

 (iii) The source or modification was subject to 40 CFR 52.21 as in effect before March 1, 1978, and the 

review of an application for approval for the stationary source or modification under 40 CFR 52.21 would 

have been completed by March 1, 1978, but for an extension of the public comment period pursuant to a 

request for such an extension. In such case, the application shall continue to be processed, and granted or 

denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or 

 (iv) The source or modification was not subject to 40 CFR 52.21 as in effect before March 1, 1978, and 

the owner or operator: 

 (a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the 

applicable State Implementation Plan before March 1, 1978; 

 (b) Commenced construction before March 19, 1979; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable time; or 

 (v) The source or modification was not subject to 40 CFR 52.21 as in effect on June 19, 1978 or under 

the partial stay of regulations published on February 5, 1980 (45 FR 7800), and the owner or operator: 

 (a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the 

applicable State Implementation Plan before August 7, 1980; 

 (b) Commenced construction within 18 months from August 7, 1980, or any earlier time required 

under the applicable State Implementation Plan; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable time; or 

 (vi) The source or modification would be a nonprofit health or nonprofit educational institution, or a 

major modification would occur at such an institution, and the governor of the state in which the source or 
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modification would be located requests that it be exempt from those requirements; or 

 (vii) The source or modification would be a major stationary source or major modification only if 

fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the 

stationary source or modification and the source does not belong to any of the following categories: 

 (a) Coal cleaning plants (with thermal dryers); 

 (b) Kraft pulp mills; 

 (c) Portland cement plants; 

 (d) Primary zinc smelters; 

 (e) Iron and steel mills; 

 (f) Primary aluminum ore reduction plants; 

 (g) Primary copper smelters; 

 (h) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (i) Hydrofluoric, sulfuric, or nitric acid plants; 

 (j) Petroleum refineries; 

 (k) Lime plants; 

 (l) Phosphate rock processing plants; 

 (m) Coke oven batteries; 

 (n) Sulfur recovery plants; 

 (o) Carbon black plants (furnace process); 

 (p) Primary lead smelters; 

 (q) Fuel conversion plants; 

 (r) Sintering plants; 

 (s) Secondary metal production plants; 

 (t) 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; 

 (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per 

hour heat input; 

 (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 
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 (w) Taconite ore processing plants; 

 (x) Glass fiber processing plants; 

 (y) Charcoal production plants; 

 (z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 

input; 

 (aa) Any other stationary source category which, as of August 7, 1980, is being regulated under 

section 111 or 112 of the Clean Air Act; or 

 (viii) The source is a portable stationary source which has previously received a permit under this 

section, and 

 (a) The owner or operator proposes to relocate the source and emissions of the source at the new 

location would be temporary; and 

 (b) The emissions from the source would not exceed its allowable emissions; and 

 (c) The emissions from the source would impact no Class I area and no area where an applicable 

increment is known to be violated; and 

 (d) Reasonable notice is given to the Department prior to the relocation identifying the proposed new 

location and the probable duration of operation at the new location. Such notice shall be given to the 

Department not less than 10 days in advance of the proposed relocation unless a different time duration is 

previously approved by the Department. 

 (ix) The source or modification was not subject to section 52.21 with respect to particulate matter, as in 

effect before July 31, 1987, and the owner or operator: 

 (a) Obtained all final Federal, State, and local preconstruction approvals or permits necessary under 

the applicable State implementation plan before July 31, 1987; 

 (b) Commenced construction within 18 months after July 31, 1987, or any earlier time required under 

the State implementation plan; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable period of time. 

 (x) The source or modification was subject to 40 CFR 52.21, with respect to particulate matter, as in 

effect before July 31, 1987 and the owner or operator submitted an application for a permit under this section 

before that date, and the Department subsequently determines that the application as submitted was complete 

with respect to the particulate matter requirements then in effect in this section. Instead, the requirements of 

paragraphs (j) through (r) that were in effect before July 31, 1987 shall apply to such source or modification. 

 (2) The requirements of paragraphs (j) through (r) shall not apply to a major stationary source or major 

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that 

pollutant, the source or modification is located in an area designated as nonattainment under section 107 of 

the Clean Air Act. 
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 (3) The requirements of paragraphs (k), (m) and (o) shall not apply to a major stationary source or major 

modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, 

or the net emissions increase of that pollutant from the modification: 

 (i) Would impact no Class I area and no area where an applicable increment is known to be violated, and 

 (ii) Would be temporary. 

 (4) The requirements of paragraphs (k), (m) and (o) as they relate to any maximum allowable increase for a 

Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 

1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after 

the application of best available control technology would be less than 50 tons per year. 

 (5) The Department may exempt a stationary source or modification from the requirements of paragraph 

(m), with respect to monitoring for a particular pollutant if: 

 (i) The emissions increase of the pollutant from the new source or the net emissions increase of the 

pollutant from the modification would cause, in any area, air quality impacts less than the following amounts: 

 Carbon monoxide--575 μg/m3

, 8-hour average; 

 Nitrogen dioxide--14 μg/m3

, annual average; 

 Particulate matter--10 μg/m3

 of PM10, 24-hour average; 

 Sulfur dioxide--13 μg/m3

, 24-hour average; 

 Ozone;1

 

 Lead--0.1 μg/m3

, 3-month average; 

 Fluorides--0.25 μg/m3

, 24-hour average; 

 Total reduced sulfur--10 μg/m3

, 1-hour average; 

 Hydrogen sulfide--0.2 μg/m3

, 1-hour average; 

 Reduced sulfur compounds--10 μg/m3

, 1-hour average; or 

 1

 No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per 

year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform 

an ambient impact analysis including the gathering of ambient air quality data. 

 (ii) The concentrations of the pollutant in the area that the source or modification would affect are less 

than the concentrations listed in paragraph (i)(85)(i), or the pollutant is not listed in paragraph (i)(85)(i). 

 (6) The requirements for best available control technology in paragraph (j) and the requirements for air 

quality analyses in paragraph (m)(1), shall not apply to a particular stationary source or modification that was 

subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification 

submitted an application for a permit under those regulations before August 7, 1980, and the Department 

subsequently determines that the application as submitted before that date was complete. Instead, the 

requirements at 40 CFR 52.21(j) and (n) as in effect on June 19, 1978 apply to any such source or 

modification. 

 (7)(i) The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) shall not apply to a 

particular source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner 

or operator of the source or modification submits an application for a permit under this section on or before 

June 8, 1981, and the Department subsequently determines that the application as submitted before that date 

was complete with respect to the requirements of this regulation other than those in paragraphs (m)(1)(ii) 
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through (iv), and with respect to the requirements for such analyses at 40 CFR 52.21(m)(2) as in effect on 

June 19, 1978. Instead, the latter requirements shall apply to any such source or modification. 

 (ii) The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) shall not apply to a 

particular source or modification that was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if the 

owner or operator of the source or modification submits an application for a permit under this section on or 

before June 8, 1981, and the Department subsequently determines that the application as submitted before that 

date was complete, except with respect to the requirements in paragraphs (m)(1)(ii) through (iv). 

 (8)(i) At the discretion of the Department, the requirements for air quality monitoring of PM10 in 

paragraphs (m)(1)(i)--(iv) may not apply to a particular source or modification when the owner or operator of 

the source or modification submits an application for a permit under this section on or before June 1, 1988 

and the Department subsequently determines that the application as submitted before that date was complete, 

except with respect to the requirements for monitoring particulate matter in paragraphs (m)(1)(i) through (iv). 

 (ii) The requirements for air quality monitoring of PM10 in paragraphs (m)(1), (ii) and (iv) and (m)(3) 

shall apply to a particular source or modification if the owner or operator of the source or modification 

submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. 

The data shall have been gathered over at least the period from February 1, 1988 to the date the application 

becomes otherwise complete in accordance with the provisions set forth under paragraph (m)(1)(viii), except 

that if the Department determines that a complete and adequate analysis can be accomplished with monitoring 

data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have 

been gathered over a shorter period. 

 (9) The requirements of paragraph (k)(2) shall not apply to a stationary source or modification with respect 

to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification 

submitted an application for a permit under this section before the provisions embodying the maximum 

allowable increase took effect as part of the applicable implementation plan and the Department subsequently 

determined that the application as submitted before that date was complete. 

 (10) The requirements in paragraph (k)(2) shall not apply to a stationary source or modification with 

respect to any maximum allowable increase for PM10 if 

 (i) the owner or operator of the source or modification submitted an application for a permit under this 

section before the provisions embodying the maximum allowable increases for PM10 took effect in an 

implementation plan to which this section applies, and 

 (ii) the Department subsequently determined that the application as submitted before that date was 

otherwise complete. Instead, the requirements in paragraph (k)(2) shall apply with respect to the maximum 

allowable increases for TSP as in effect on the date the application was submitted. 

(j) Control technology review. 

 (1) A major stationary source or major modification shall meet each applicable emissions limitation under 

the State Implementation Plan and each applicable emissions standard and standard of performance under 40 

CFR 60 and 61. 

 (2) A new major stationary source shall apply best available control technology for each regulated NSR 

pollutant that it would have the potential to emit in significant amounts. 

 (3) A major modification shall apply best available control technology for each regulated NSR pollutant for 
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which it would result in a significant net emissions increase at the source. This requirement applies to each 

proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a 

physical change or change in the method of operation in the unit. 

 (4) For phased construction projects, the determination of best available control technology shall be 

reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior 

to commencement of construction of each independent phase of the project. At such time, the owner or 

operator of the applicable stationary source may be required to demonstrate the adequacy of any previous 

determination of best available control technology for the source. 

(k) Source impact analysis. 

 The owner or operator of the proposed source or modification shall demonstrate that allowable emission 

increases from the proposed source or modification, in conjunction with all other applicable emissions 

increases or reductions (including secondary emissions), would not cause or contribute to air pollution in 

violation of: 

 (1) Any national ambient air quality standard in any air quality control region; or 

 (2) Any applicable maximum allowable increase over the baseline concentration in any area. 

(l) Air Quality Models 

 (1) All estimates of ambient concentrations required under this paragraph shall be based on applicable air 

quality models, data bases, and other requirements specified in 40 CFR 51 appendix W (Guideline on Air 

Quality Models). 

 (2) Where an air quality model specified in 40 CFR 51 appendix W (Guideline on Air Quality Models) is 

inappropriate, the model may be modified or another model substituted. Such a modification or substitution of 

a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific state 

program. Written approval of the Department must be obtained for any modification or substitution. In 

addition, use of a modified or substituted model must be subject to notice and opportunity for public comment 

under procedures developed in accordance with paragraph (q). 

(m) Air quality analysis-- 

 (1) Preapplication analysis. 

 (i) Any application for a permit under this section shall contain an analysis of ambient air quality in the 

area that the major stationary source or major modification would affect for each of the following pollutants: 

 (a) For the source, each pollutant that it would have the potential to omit in a significant amount; 

 (b) For the modification, each pollutant for which it would result in a significant net emissions 

increase. 

 (ii) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the 

analysis shall contain such air quality monitoring data as the Department determines is necessary to assess 

ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. 

 (iii) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard 
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does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of 

determining whether emissions of that pollutant would cause or contribute to a violation of the standard or 

any maximum allowable increase. 

 (iv) In general, the continuous air quality monitoring data that is required shall have been gathered over a 

period of at least one year and shall represent at least the year preceding receipt of the application, except that, 

if the Department determines that a complete and adequate analysis can be accomplished with monitoring 

data gathered over a period shorter than one year (but not to be less than four months), the data that is 

required shall have been gathered over at least that shorter period. 

 (v) For any application which becomes complete, except as to the requirements of paragraphs (m)(1)(iii) 

and (iv), between June 8, 1981, and February 9, 1982, the data that paragraph (m)(1)(iii), requires shall have 

been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise 

complete, except that: 

 (a) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in 

effect on June 19, 1978, any monitoring data shall have been gathered over at least the period required by 

those regulations. 

 (b) If the Department determines that a complete and adequate analysis can be accomplished with 

monitoring data over a shorter period (not to be less than four months), the data that paragraph (m)(1)(iii), 

requires shall have been gathered over at least that shorter period. 

 (c) If the monitoring data would relate exclusively to ozone and would not have been required under 

40 CFR 52.21 as in effect on June 19, 1978, the Department may waive the otherwise applicable requirements 

of this paragraph (v) to the extent that the applicant shows that the monitoring data would be unrepresentative 

of air quality over a full year. 

 (vi) The owner or operator of a proposed stationary source or modification of volatile organic 

compounds who satisfies all conditions of 40 CFR 51 Appendix S, section IV may provide post-approval 

monitoring data for ozone in lieu of providing preconstruction data as required under paragraph (m)(1). 

 (vii) For any application that becomes complete, except as to the requirements of paragraphs (m)(1)(iii) 

and (iv) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989 the data that paragraph 

(m)(1)(iii) requires shall have been gathered over at least the period from August 1, 1988 to the date the 

application becomes otherwise complete, except that if the Department determines that a complete and 

adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 

months), the data that paragraph (m)(1)(iii) requires shall have been gathered over that shorter period. 

 (viii) With respect to any requirements for air quality monitoring of PM10 under paragraphs (i)(11)(i) and 

(ii) the owner or operator of the source or modification shall use a monitoring method approved by the 

Department and shall estimate the ambient concentrations of PM10 using the data collected by such approved 

monitoring method in accordance with estimating procedures approved by the Department. 

 (2) Post-construction monitoring. The owner or operator of a major stationary source or major modification 

shall, after construction of the stationary source or modification, conduct such ambient monitoring as the 

Department determines is necessary to determine the effect emissions from the stationary source or 

modification may have, or are having, on air quality in any area. 

 (3) Operations of monitoring stations. The owner or operator of a major stationary source or major 

modification shall meet the requirements of Appendix B to 40 CFR 58 of during the operation of monitoring 
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stations for purposes of satisfying paragraph (m). 

(n) Source information. 

 The owner or operator of a proposed source or modification shall submit all information necessary to 

perform any analysis or make any determination required under this section. 

 (1) With respect to a source or modification to which paragraphs (j), (l), (n) and (p) apply, such information 

shall include: 

 (i) A description of the nature, location, design capacity, and typical operating schedule of the source or 

modification, including specifications and drawings showing its design and plant layout; 

 (ii) A detailed schedule for construction of the source or modification; 

 (iii) A detailed description as to what system of continuous emission reduction is planned for the source 

or modification, emission estimates, and any other information necessary to determine that best available 

control technology would be applied. 

 (2) Upon request of the Department, the owner or operator shall also provide information on: 

 (i) The air quality impact of the source or modification, including meteorological and topographical data 

necessary to estimate such impact; and 

 (ii) The air quality impacts, and the nature and extent of any or all general commercial, residential, 

industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification 

would affect. 

(o) Additional impact analyses. 

 (1) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that 

would occur as a result of the source or modification and general commercial, residential, industrial and other 

growth associated with the source or modification. The owner or operator need not provide an analysis of the 

impact on vegetation having no significant commercial or recreational value. 

 (2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a 

result of general commercial, residential, industrial and other growth associated with the source or 

modification. 

 (3) Visibility monitoring. The Department may require monitoring of visibility in any Federal class I area 

near the proposed new stationary source for major modification for such purposes and by such means as the 

Administrator deems necessary and appropriate. 

(p) Sources impacting Federal Class I areas--additional requirements-- 

 (1) Notice to Federal land managers. The Department shall provide written notice of any permit application 

for a proposed major stationary source or major modification, the emissions from which may affect a Class I 

area, to the Federal land manager and the Federal official charged with direct responsibility for management 

of any lands within any such area. Such notification shall include a copy of all information relevant to the 

permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing 

on the application for a permit to construct. Such notification shall include an analysis of the proposed 
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source's anticipated impacts on visibility in the Federal Class I area. The Department shall also provide the 

Federal land manager and such Federal officials with a copy of the preliminary determination required under 

paragraph (q), and shall make available to them any materials used in making that determination, promptly 

after the Department makes such determination. Finally, the Department shall also notify all affected Federal 

land managers within 30 days of receipt of any advance notification of any such permit application. 

 (2) Federal Land Manager. The Federal Land Manager and the Federal official charged with direct 

responsibility for management of such lands have an affirmative responsibility to protect the air quality 

related values (including visibility) of such lands and to consider, in consultation with the Department, 

whether a proposed source or modification will have an adverse impact on such values. 

 (3) Visibility analysis. The Department shall consider any analysis performed by the Federal land manager, 

provided within 30 days of the notification required by paragraph (p)(1), that shows that a proposed new 

major stationary source or major modification may have an adverse impact on visibility in any Federal Class I 

area. Where the Department finds that such an analysis does not demonstrate to the satisfaction of the 

Department that an adverse impact on visibility will result in the Federal Class I area, the Department must, in 

the notice of public hearing on the permit application, either explain its decision or give notice as to where the 

explanation can be obtained. 

 (4) Denial--impact on air quality related values. The Federal Land Manager of any such lands may 

demonstrate to the Department that the emissions from a proposed source or modification would have an 

adverse impact on the air quality-related values (including visibility) of those lands, notwithstanding that the 

change in air quality resulting from emissions from such source or modification would not cause or contribute 

to concentrations which would exceed the maximum allowable increases for a Class I area. If the Department 

concurs with such demonstration, then the permit shall not be issued. 

 (5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the 

Federal Land Manager that the emissions from such source or modification would have no adverse impact on 

the air quality related values of any such lands (including visibility), notwithstanding that the change in air 

quality resulting from emissions from such source or modification would cause or contribute to 

concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal Land 

Manager concurs with such demonstration and so certifies, the State may authorize the Administrator: 

Provided, That the applicable requirements of this regulation are otherwise met, to issue the permit with such 

emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter, and 

nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline 

concentration for such pollutants: 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 17 Particulate matter: PM10, 24-hr maximum 30 

annual arithmetic mean 20 

Sulfur dioxide: 24-hr maximum 91 

3-hr maximum 325 

Nitrogen dioxide: annual arithmetic mean 25 

 (6) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator 

of a proposed source or modification which cannot be approved under paragraph (q)(4) may demonstrate to 

the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur 

dioxide for a period of twenty-four hours or less applicable to any Class I area and, in the case of Federal 
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mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related 

values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's 

recommendation (if any) and concurrence, may, after notice and public hearing, grant a variance from such 

maximum allowable increase. If such variance is granted, the Department shall issue a permit to such source 

or modification pursuant to the requirements of paragraph (q)(7): Provided, that the applicable requirements 

of this regulation are otherwise met. 

 (7) Variance by the Governor with the President's concurrence. In any case where the Governor 

recommends a variance in which the Federal Land Manager does not concur, the recommendations of the 

Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the 

Governor's recommendation if it is found that the variance is in the national interest. If the variance is 

approved, the Department shall issue a permit pursuant to the requirements of paragraph (q)(7): Provided, that 

the applicable requirements of this regulation are otherwise met. 

 (8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant 

to paragraph (q)(5) or (6) the source or modification shall comply with such emission limitations as may be 

necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any 

day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to 

concentrations which would exceed the following maximum allowable increases over the baseline 

concentration and to assure that such emissions would not cause or contribute to concentrations which exceed 

the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more 

than 18 days, not necessarily consecutive, during any annual period: 

MAXIMUM ALLOWABLE INCREASE 

(Micrograms per cubic meter) 

Terrain Areas Period of exposure Low High 

24-hr maximum 36 62 

3-hr maximum 130 221 

 (q) Public participation. 

 (1) Within 30 days after receipt of an application to construct, or any addition to such application, the 

Department shall advise the applicant of any deficiency in the application or in the information submitted and 

transmit a copy of such application to EPA. In the event of such a deficiency, the date of receipt of the 

application shall be, for the purpose of this regulation, the date on which the Department received all required 

information. 

 (2) In accordance with Regulation 61-30, Environmental Protection Fees, the Department shall make a 

final determination on the application. This involves performing the following actions in a timely manner: 

 (i) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

 (ii) Make available in at least one location in each region in which the proposed plant or modification 

would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination 

and a copy or summary of other materials, if any, considered in making the preliminary determination. 

 (iii) Notify the public, by advertisement in a newspaper of general circulation in each region in which the 

proposed plant or modification would be constructed, of the application, the preliminary determination, the 
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degree of increment consumption that is expected from the plant or modification, and the opportunity for 

comment at a public hearing as well as written public comment. 

 (iv) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to 

officials and agencies having cognizance over the location where the proposed construction would occur as 

follows: The chief executives of the city and county where the plant or modification would be located, any 

comprehensive regional land use planning agency and any State, Federal Land Manager, or Indian Governing 

Body whose lands may be affected by emissions from the plant or modification. 

 (v) Provide opportunity for a public hearing for interested persons to appear and submit written or oral 

comments on the air quality impact of the plant or modification, alternatives to the plant or modification, the 

control technology required, and other appropriate considerations. 

 (vi) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. No later than 10 days after the close of the public comment period, the applicant may submit a 

written response to any comments submitted by the public. The Department shall consider the applicant’s 

response in making a final decision. The Department shall make all comments available for public inspection 

in the same locations where the Department made available preconstruction information relating to the 

proposed plant or modification. 

 (vii) Make a final determination whether construction should be approved, approved with conditions, or 

disapproved pursuant to this section. 

 (viii) Notify the applicant in writing of the final determination and make such notification available for 

public inspection at the same location where the Department made available preconstruction information and 

public comments relating to the plant or modification. 

 (ix) Notify EPA of every action related to the consideration of the permit. 

 (3) The requirements of Section (q), Public Participation, of this standard shall not apply to any major plant 

or major modification which Section (i), Review of Major Stationary Sources and Major Modifications, 

would exempt from the requirements of Sections (k), (m), and (o), but only to the extent that, with respect to 

each of the criteria for construction approval under the South Carolina State Implementation Plan and for 

exemption under Section (i), requirements providing the public with at least as much participation in each 

material determination as those of Section (q) have been met in the granting of such construction approval. 

(r) Source obligation. In addition to all other applicable requirements specified in this regulation, the owner 

or operator shall comply with the requirements of paragraphs (r)(1) through (r)(8). 

 (1) Any owner or operator who constructs or operates a source or modification not in accordance with the 

application submitted pursuant to this section or with the terms of any approval to construct, or any owner or 

operator of a source or modification subject to this section who commences construction after the effective 

date of these regulations without applying for and receiving approval hereunder, shall be subject to 

appropriate enforcement action. 

 (2) Approval to construct shall become invalid if construction is not commenced within 18 months after 

receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction 

is not completed within a reasonable time. The Department may extend the 18-month period upon a 

satisfactory showing that an extension is justified. This provision does not apply to the time period between 

construction of the approved phases of a phased construction project; each phase must commence 
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construction within 18 months of the projected and approved commencement date. 

 (3) 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. 

 (4) 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 enforceable 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 or paragraphs (j) through (s) shall apply to the source or 

modification as though construction had not yet commenced on the source or modification. 

 (5) Reserved 

 (6) Monitoring, recordkeeping and reporting. The provisions of this paragraph (r)(6) apply to 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 and the owner or operator elects to use the method specified in 

paragraphs (b)(41)(ii)(a) through (c) for calculating projected actual emissions. 

 (i) If the project requires construction permitting under Regulation 61-62.1, Section II “Permit 

Requirements”, the owner or operator shall provide a copy of the information set out in paragraph (r)(6)(ii) as 

part of the permit application to the Department. If construction permitting under Regulation 61-62.1, Section 

II “Permit Requirements” is not required, the owner or operator shall maintain the information set out in 

paragraph (r)(6)(ii). 

 (ii) 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 (b)(41)(ii)(c) and an explanation for why such amount was 

excluded, and any netting calculations, if applicable. 

 (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 (r)(6)(ii)(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) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the Department within 60 days after the end of each year during which records must be generated 

under paragraph (r)(6)(iii) setting out the unit's annual emissions during the calendar year that preceded 

submission of the report. 
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 (v) 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 Department if the annual emissions, in tons per year, from the project identified in 

paragraph (r)(6)(ii), exceed the baseline actual emissions (as documented and maintained pursuant to 

paragraph (r)(6)(ii)(c)), by a significant amount (as defined in paragraph (b)(49)) for that regulated NSR 

pollutant, and if such emissions differ from the preconstruction projection as documented and maintained 

pursuant to paragraph (r)(6)(ii)(c). Such report shall be submitted to the Department 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); and 

 (c) Any other information needed to make a compliance determination (e.g., an explanation as to why 

the emissions differ from the preconstruction projection). 

 (7) If a project at a source with a PAL requires construction permitting under Regulation 61-62.1, Section 

II, “Permit Requirements”, the owner or operator shall provide notification of source status as part of the 

permit application to the Department. 

 (8) The owner or operator of the source shall make the information required to be documented and 

maintained pursuant to paragraph (r)(6) available for review upon a request for inspection by the Department 

or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 

(s) through (u)(3) - Reserved. 

(u)(4) In the case of a source or modification which proposes to construct in a class III area, emissions from 

which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the 

area were designated a class II area, and where no standard under section 111 of the act has been promulgated 

for such source category, the Administrator must approve the determination of best available control 

technology as set forth in the permit. 

(v) Innovative control technology. 

 (1) An owner or operator of a proposed major stationary source or major modification may request the 

Department in writing no later than the close of the comment period under 40 CFR 124.10 to approve a 

system of innovative control technology. 

 (2) The Department shall, with the consent of the governor(s) of the affected state(s), determine that the 

source or modification may employ a system of innovative control technology, if:-- 

 (i) The proposed control system would not cause or contribute to an unreasonable risk to public health, 

welfare, or safety in its operation or function; 

 (ii) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that 

which would have been required under paragraph (j)(2), by a date specified by the Department. Such date 

shall not be later than 4 years from the time of startup or 7 years from permit issuance; 

 (iii) The source or modification would meet the requirements of paragraphs (j) and (k), based on the 

emissions rate that the stationary source employing the system of innovative control technology would be 

required to meet on the date specified by the Department; 
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 (iv) The source or modification would not before the date specified by the Department: 

 (a) Cause or contribute to a violation of an applicable national ambient air quality standard; or 

 (b) Impact any area where an applicable increment is known to be violated; and 

 (v) All other applicable requirements including those for public participation have been met. 

 (vi) The provisions of paragraph (p) (relating to Class I areas) have been satisfied with respect to all 

periods during the life of the source or modification. 

 (3) The Department shall withdraw any approval to employ a system of innovative control technology 

made under this section, if: 

 (i) The proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

 (ii) The proposed system fails before the specified date so as to contribute to an unreasonable risk to 

public health, welfare, or safety; or 

 (iii) The Department decides at any time that the proposed system is unlikely to achieve the required 

level of control or to protect the public health, welfare, or safety. 

 (4) If a source or modification fails to meet the required level of continuous emission reduction within the 

specified time period or the approval is withdrawn in accordance with paragraph (v)(3), the Department may 

allow the source or modification up to an additional 3 years to meet the requirement for the application of best 

available control technology through use of a demonstrated system of control. 

(w) Permit rescission. 

 (1) Any permit issued under this section or a prior version of this regulation shall remain in effect, unless 

and until it expires under paragraph (s) or is rescinded. 

 (2) Any owner or operator of a stationary source or modification who holds a permit for the source or 

modification which was issued under 40 CFR 52.21 as in effect on July 30, 1987, or any earlier version of this 

regulation, may request that the Administrator rescind the permit or a particular portion of the permit. 

 (3) The Department shall grant an application for rescission if the application shows that this section would 

not apply to the source or modification. 

 (4) If the Department rescinds a permit under this paragraph, the public shall be given adequate notice of 

the rescission. Publication of an announcement of rescission in a newspaper of general circulation in the 

affected region within 60 days of the rescission shall be considered adequate notice. 

(x) [Reserved]

(y) [Reserved]

(z) [Reserved]

(aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15) govern actuals PALs. 
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 (1) Applicability. 

 (i) The Department may approve the use of an actuals PAL for any existing major stationary source if the 

PAL meets the requirements in paragraphs (aa)(1) through (15). The term "PAL" shall mean "actuals PAL" 

throughout paragraph (aa). 

 (ii) 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 (aa)(1) 

through (15), and complies with the PAL permit: 

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

 (b) Does not have to be approved through Regulation 61-62.5, Standard 7, Prevention of Significant 

Deterioration. However, will be reviewed through R. 61-62.1, Section II A. Permit Requirements; and 

 (c) Is not subject to the provisions in paragraph (r)(4) (restrictions on relaxing enforceable emission 

limitations that the major stationary source used to avoid applicability of the major NSR program). 

 (iii) Except as provided under paragraph (aa)(1)(ii)(c), a major stationary source shall continue to comply 

with all applicable Federal or State requirements, emission limitations, and work practice requirements that 

were established prior to the effective date of the PAL. 

 (2) Definitions. The definitions in paragraphs (aa)(2)(i) through (xi) shall apply to actual PALs consistent 

with paragraphs (aa)(1) through (15). When a term is not defined in these paragraphs, it shall have the 

meaning given in paragraph (b) or in the Clean Air Act. 

 (i) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as 

defined in paragraph (b)(4)) of all emissions units (as defined in paragraph (b)(20)) at the source, that emit or 

have the potential to emit the PAL pollutant. 

 (ii) “Allowable emissions” means "allowable emissions" as defined in paragraph (b)(3), except as this 

definition is modified according to paragraphs (aa)(2)(ii)(a) and (b). 

 (a) The allowable emissions for any emissions unit shall be calculated considering any emission 

limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

 (b) An emissions unit's potential to emit shall be determined using the definition in paragraph (b)(37), 

except that the words "or enforceable as a practical matter" should be added after "federally enforceable." 

 (iii) “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as defined in paragraph (b)(49) or 

in the Clean Air Act, whichever is lower. 

 (iv) “Major emissions unit” means: 

 (a) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL 

pollutant in an attainment area; or 

 (b) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is 

equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for 
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nonattainment areas. For example, in accordance with the definition of major stationary source in section 

182(c) of the Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions unit 

is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of 

VOC per year. 

 (v) “Plantwide applicability limitation (PAL)” means an emission limitation expressed in tons per 

year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established 

source-wide in accordance with paragraphs (aa)(1) through (15). 

 (vi) “PAL effective date” generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

 (vii) “PAL effective period” means the period beginning with the PAL effective date and ending 10 

years later. 

 (viii) “PAL major modification” means, notwithstanding paragraphs (b)(30) and (b)(34) (the 

definitions for major modification and net emissions increase), any physical change in or change in the 

method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater 

than the PAL. 

 (ix) “PAL permit” means the major NSR permit, the minor NSR permit, or the State operating permit 

under Regulation 61-62.1, Section II G, or the title V permit issued by the Department that establishes a PAL 

for a major stationary source. 

 (x) “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source. 

 (xi) “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph (b)(49) or 

in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify 

the unit as a major emissions unit as defined in paragraph (aa)(2)(iv). 

 (3) Permit application requirements. As part of a permit application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information to the Department for approval: 

 (i) A list of all emissions units at the source 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, emission limitations, 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 malfunctions. 

 (iii) The calculation procedures that the major stationary source owner or operator proposes to use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling 

total for each month as required by paragraph (aa)(13)(i). 

 (4) General requirements for establishing PALs. 

 (i) The Department is allowed to establish a PAL at a major stationary source, provided that at a 

minimum, the requirements in paragraphs (aa)(4)(i)(a) through (g) are met. 
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 (a) The PAL shall impose an annual emission limitation 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 first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the 

sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive 

months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months 

from the PAL effective date, the major stationary source owner or operator shall show that the sum of the 

preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than 

the PAL. 

 (b) The PAL shall be established in a PAL permit that meets the public participation requirements in 

paragraph (aa)(5). 

 (c) The PAL permit shall contain all the requirements of paragraph (aa)(7). 

 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that 

emit or have the potential to emit the PAL pollutant at the major stationary source. 

 (e) Each PAL shall regulate emissions of only one pollutant. 

 (f) Each PAL shall have a PAL effective period of 10 years. 

 (g) The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in paragraphs (aa)(12) through (14) for each 

emissions unit under the PAL through the PAL effective period. 

 (ii) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that 

occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 

51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

 (5) Public participation requirements for PALs. PALs for existing major stationary sources shall be 

established, renewed, or increased through a procedure that is consistent with section (q) “Public 

Participation” of this regulation. The Department must address all material comments before taking final 

action on the permit. 

 (6) Setting the 10-year actuals PAL level.

 (i) Except as provided in paragraph (aa)(6)(ii), the actuals PAL level for a major stationary source shall 

be established as the sum of the baseline actual emissions (as defined in paragraph (b)(4)) of the PAL 

pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the 

PAL pollutant under paragraph (b)(49) or under the Clean Air Act, whichever is lower. When establishing the 

actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the 

baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period 

may be used for each different PAL pollutant. Emissions associated with units that were permanently shut 

down after this 24-month period must be subtracted from the PAL level. The Department shall specify a 

reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of 

any applicable Federal or State regulatory requirement(s) that the Department is aware of prior to the issuance 

of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from 

industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the 
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permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the 

original baseline emissions of such unit(s). 

 (ii) Emissions from units (which do not include modification to existing units) on which operation began 

less than 24-months prior to the date of the PAL permit application must be added to the PAL level in an 

amount equal to the potential to emit of the units. 

 (7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information in 

paragraphs (aa)(7)(i) through (x). 

 (i) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

 (ii) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

 (iii) Specification in the PAL permit that if a major stationary source owner or operator applies to renew 

a PAL in accordance with paragraph (aa)(10) before the end of the PAL effective period, then the PAL shall 

not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued 

by the Department. 

 (iv) A requirement that emission calculations for compliance purposes must include emissions from 

startups, shutdowns, and malfunctions. 

 (v) A requirement that, once the PAL expires, the major stationary source is subject to the requirements 

of paragraph (aa)(9). 

 (vi) The calculation procedures that the major stationary source owner or operator shall use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as 

required by paragraph (aa)(13)(i). 

 (vii) A requirement that the major stationary source owner or operator monitor all emissions units in 

accordance with the provisions under paragraph (aa)(12). 

 (viii) A requirement to retain the records required under paragraph (aa)(13) on site. Such records may be 

retained in an electronic format. 

 (ix) A requirement to submit the reports required under paragraph (aa)(14) by the required deadlines. 

 (x) Any other requirements that the Department deems necessary to implement and enforce the PAL. 

 (8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs (aa)(8)(i) 

and (ii) apply to actuals PALs. 

 (i) PAL effective period. The Department shall specify a PAL effective period of 10 years. 

 (ii) Reopening of the PAL permit. 

 (a) During the PAL effective period, the Department must reopen the PAL permit to: 

 (1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate 

determination of emissions used to establish the PAL; 
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 (2) Reduce the PAL if the owner or operator of the major stationary source creates creditable 

emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and 

 (3) Revise the PAL to reflect an increase in the PAL as provided under paragraph (aa)(11). 

 (b) The Department shall have discretion to reopen the PAL permit for the following: 

 (1) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with 

compliance dates after the PAL effective date; 

 (2) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, 

and that the State may impose on the major stationary source under the State Implementation Plan; and 

 (3) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or 

contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value 

that has been identified for a Federal Class I area by a Federal Land Manager and for which information is 

available to the general public. 

 (c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1) for the correction of 

typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in 

accordance with the public participation requirements of paragraph (aa)(5). 

 (9) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in paragraph 

(aa)(10) shall expire at the end of the PAL effective period, and the requirements in paragraphs (aa)(9)(i) 

through (v) shall apply. 

 (i) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with 

an allowable emission limitation under a revised permit established according to the procedures in paragraphs 

(aa)(9)(i)(a) and (b). 

 (a) Within the time frame specified for PAL renewals in paragraph (aa)(10)(ii), the major stationary 

source shall submit a proposed allowable emission limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as decided by the Department) by distributing the 

PAL allowable emissions for the major stationary source among each of the emissions units that existed under 

the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the 

PAL effective period, as required under paragraph (aa)(10)(v), such distribution shall be made as if the PAL 

had been adjusted. 

 (b) The Department shall decide whether and how the PAL allowable emissions will be distributed and 

issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions 

units, as the Department determines is appropriate. 

 (ii) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 

basis. The Department may approve the use of monitoring systems (source testing, emission factors, etc.) 

other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission 

limitation. 

 (iii) Until the Department issues the revised permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as required under paragraph (aa)(9)(i)(b), the source shall continue to 

comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 
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 (iv) Any physical change or change in the method of operation at the major stationary source will be 

subject to major NSR requirements if such change meets the definition of major modification in paragraph 

(b)(30). 

 (v) The major stationary source owner or operator shall continue to comply with any State or Federal 

applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had been established 

pursuant to paragraph (r)(4), but were eliminated by the PAL in accordance with the provisions in paragraph 

(aa)(1)(ii)(c). 

 (10) Renewal of a PAL. 

 (i) The Department shall follow the procedures specified in paragraph (aa)(5) in approving any request to 

renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written 

rationale for the proposed PAL level to the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by the Department. 

 (ii) Application deadline. A major stationary source owner or operator shall submit a timely application 

to the Department to request renewal of a PAL. A timely application is one that is submitted at least 6 months 

prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of 

a major stationary source submits a complete application to renew the PAL within this time period, then the 

PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

 (iii) Application requirements. The application to renew a PAL permit shall contain the information 

required in paragraphs (aa)(10)(iii)(a) through (d). 

 (a) The information required in paragraphs (aa)(3)(i) through (iii). 

 (b) A proposed PAL level. 

 (c) The sum of the potential to emit of all emissions units under the PAL (with supporting 

documentation). 

 (d) Any other information the owner or operator wishes the Department to consider in determining the 

appropriate level for renewing the PAL. 

 (iv) PAL adjustment. In determining whether and how to adjust the PAL, the Department shall consider 

the options outlined in paragraphs (aa)(10)(iv)(a) and (b). However, in no case may any such adjustment fail 

to comply with paragraph (aa)(10)(iv)(c). 

 (a) If the emissions level calculated in accordance with paragraph (aa)(6) is equal to or greater than 80 

percent of the PAL level, the Department may renew the PAL at the same level without considering the 

factors set forth in paragraph (aa)(10)(iv)(b); or 

 (b) The Department may set the PAL at a level that it determines to be more representative of the 

source's baseline actual emissions, or that it determines to be more appropriate considering air quality needs, 

advances in control technology, anticipated economic growth in the area, desire to reward or encourage the 

source's voluntary emissions reductions, or other factors as specifically identified by the Department in its 

written rationale. 
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 (c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b): 

 (1) If the potential to emit of the major stationary source is less than the PAL, the Department shall 

adjust the PAL to a level no greater than the potential to emit of the source; and 

 (2) The Department shall not approve a renewed PAL level higher than the current PAL, unless the 

major stationary source has complied with the provisions of paragraph (aa)(11) (increasing a PAL). 

 (v) If the compliance date for a State or Federal requirement that applies to the PAL source occurs during 

the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall 

be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 

 (11) Increasing a PAL during the PAL effective period. 

 (i) The Department may increase a PAL emission limitation only if the major stationary source complies 

with the provisions in paragraphs (aa)(11)(i)(a) through (d). 

 (a) The owner or operator of the major stationary source shall submit a complete application to request 

an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal 

or exceed its PAL. 

 (b) As part of this application, the major stationary source owner or operator shall demonstrate that the 

sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, 

plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level 

of control that would result from BACT equivalent controls on each significant or major emissions unit shall 

be determined by conducting a new BACT analysis at the time the application is submitted, unless the 

emissions unit is currently required to comply with a BACT or LAER requirement that was established within 

the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the 

level of BACT or LAER with which that emissions unit must currently comply. 

 (c) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph 

(aa)(11)(i)(a), regardless of the magnitude of the emissions increase resulting from them (that is, no 

significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting 

from the major NSR process (for example, BACT), even though they have also become subject to the PAL or 

continue to be subject to the PAL. 

 (d) The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL 

pollutant. 

 (ii) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified 

or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

units (assuming application of BACT equivalent controls as determined in accordance with paragraph 

(aa)(11)(i)(b)), plus the sum of the baseline actual emissions of the small emissions units. 

 (iii) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of paragraph (aa)(5). 

 (12) Monitoring requirements for PALs. (i) General requirements. (a) Each PAL permit must contain 
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Proposed effective date: February 25, 2011                            

enforceable requirements for the monitoring system that accurately determines plantwide emissions of the 

PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit 

must be based on sound science and meet generally acceptable scientific procedures for data quality and 

manipulation. Additionally, the information generated by such system must meet minimum legal 

requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

 (b) The PAL monitoring system must employ one or more of the four general monitoring approaches 

meeting the minimum requirements set forth in paragraphs (aa)(12)(ii)(a) through (d) and must be approved 

by the Department. 

 (c) Notwithstanding paragraph (aa)(12)(i)(b), the owner or operator may also employ an alternative 

monitoring approach that meets paragraph (aa)(12)(i)(a) if approved by the Department. 

 (d) Failure to use a monitoring system that meets the requirements of this regulation renders the PAL 

invalid. 

 (ii) Minimum performance requirements for approved monitoring approaches. The following are 

acceptable general monitoring approaches when conducted in accordance with the minimum requirements in 

paragraphs (aa)(12)(iii) through (ix): 

 (a) Mass balance calculations for activities using coatings or solvents; 

 (b) CEMS; 

 (c) CPMS or PEMS; and 

 (d) Emission factors. 

 (iii) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the following requirements: 

 (a) Provide a demonstrated means of validating the published content of the PAL pollutant that is 

contained in or created by all materials used in or at the emissions unit; 

 (b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any 

raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and 

 (c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range 

of pollutant content from such material, the owner or operator must use the highest value of the range to 

calculate the PAL pollutant emissions unless the Department determines there is site-specific data or a sitespecific monitoring program to support another content within the range. 

 (iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

 (a) CEMS must comply with applicable Performance Specifications found in 40 CFR 60, appendix B; 

and 

 (b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is 

operating. 
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 (v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions 

shall meet the following requirements: 

 (a) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation 

between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the 

emissions unit; and 

 (b) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the Department, while the emissions unit is operating. 

 (vi) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions 

shall meet the following requirements: 

 (a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or 

limitations in the factors' development; 

 (b) The emissions unit shall operate within the designated range of use for the emission factor, if 

applicable; and 

 (c) If technically practicable, the owner or operator of a significant emissions unit that relies on an 

emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a sitespecific emission factor within 6 months of PAL permit issuance, unless the Department determines that 

testing is not required. 

 (vii) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any 

period of time that there is no monitoring data, unless another method for determining emissions during such 

periods is specified in the PAL permit. 

 (viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) through (vii), where an owner or 

operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of 

permit issuance: 

 (a) Establish default value(s) for determining compliance with the PAL based on the highest potential 

emissions reasonably estimated at such operating point(s); or 

 (b) Determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

 (ix) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance 

testing or other scientifically valid means approved by the Department. Such testing must occur at least once 

every 5 years after issuance of the PAL. 

 (13) Recordkeeping requirements. (i) The PAL permit shall require an owner or operator to retain a copy 

of all records necessary to determine compliance with any requirement of paragraph (aa) and of the PAL, 

including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date 

of such record. 

 (ii) The PAL permit shall require an owner or operator to retain a copy of the following records for the 

duration of the PAL effective period plus 5 years: 
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 (a) A copy of the PAL permit application and any applications for revisions to the PAL; and 

 (b) Each annual certification of compliance pursuant to title V and the data relied on in certifying the 

compliance. 

 (14) Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the Department in accordance with the applicable title V 

operating permit program. The reports shall meet the requirements in paragraphs (aa)(14)(i) through (iii). 

 (i) Semi-annual report. The semi-annual report shall be submitted to the Department within 30 days of 

the end of each reporting period. This report shall contain the information required in paragraphs 

(aa)(14)(i)(a) through (g). 

 (a) The identification of owner and operator and the permit number. 

 (b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the 

reporting period recorded pursuant to paragraph (aa)(13)(i). 

 (c) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, 

in calculating the monthly and annual PAL pollutant emissions. 

 (d) A list of any emissions units modified or added to the major stationary source during the preceding 

6-month period. 

 (e) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time 

associated with zero and span calibration checks), and any corrective action taken. 

 (f) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or 

temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether the emissions unit monitored by the 

monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by (aa)(12)(vii). 

 (g) A signed statement by the responsible official (as defined by the applicable title V operating permit 

program) certifying the truth, accuracy, and completeness of the information provided in the report. 

 (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 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation 

reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 

70.6(a)(3)(iii)(B). The reports shall contain the following information: 

 (a) The identification of owner and operator and the permit number; 

 (b) The PAL requirement that experienced the deviation or that was exceeded; 

 (c) Emissions resulting from the deviation or the exceedance; and 

 (d) A signed statement by the responsible official (as defined by the applicable title V operating permit 

program) certifying the truth, accuracy, and completeness of the information provided in the report. 
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 (iii) Re-validation results. The owner or operator shall submit to the Department the results of any revalidation test or method within 3 months after completion of such test or method. 

 (15) Transition requirements. 

 (i) The Department may not issue a PAL that does not comply with the requirements in paragraphs 

(aa)(1) through (15) after the date these provisions become effective. 

 (ii) The Department may supersede any PAL that was established prior to the date these provisions 

become effective with a PAL that complies with the requirements of paragraphs (aa)(1) through (15). 

(bb) If any provision of this regulation, or the application of such provision to any person or circumstance, is 

held invalid, the remainder of this regulation, or the application of such provision to persons or circumstances 

other than those as to which it is held invalid, shall not be affected thereby. 

R. 61-62.5, Standard No. 7 History - South Carolina State Register:

 Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; 

 Vol. 9, Issue No. 5, (Doc. No. 577), May 24, 1985; 

 Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; 

 Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 1988; 

 Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1989; 

 Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; 

 Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 1992; 

 Vol. 18, Issue No. 11, (Doc. No. 1799), November 25, 1994; 

 Vol. 20, Issue No. 4, (Doc. No. 1926), April 26, 1996; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001; 

 Vol. 29, Issue No. 6. (Doc. No. 2943), June 24, 2005; 

 Vol. 33, Issue No. 4, (Doc. No. 4056), April 24, 2009. 
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SOUTH CAROLINA 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS 

REGULATION 61-62.5 

AIR POLLUTION CONTROL STANDARDS 

STANDARD NO. 7 

PREVENTION OF SIGNIFICANT DETERIORATION

(a)(1) Reserved. 

 (2) Applicability procedures. 

 (i) The requirements of this regulation apply to the construction of any new major stationary source (as 

defined in paragraph (b)(32)) or any project at an existing major stationary source in an area designated as 

attainment or unclassifiable under 40 CFR 81.341. 

 (ii) The requirements of paragraphs (j) through (r) apply to the construction of any new major stationary 

source or the major modification of any existing major stationary source, except as this section otherwise 

provides. 

 (iii) No new major stationary source or major modification to which the requirements of paragraphs (j) 

through (r)(5) apply shall begin actual construction without a permit that states that the major stationary 

source or major modification will meet those requirements. The Department has authority to issue any such 

permit. 

 (iv) The requirements of the program will be applied in accordance with the principles set out in 

paragraphs (a)(2)(iv)(a) through (f). 

 (a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi), and consistent with the definition of 

major modification contained in paragraph (b)(30), a project is a major modification for a regulated New 

Source Review (NSR) pollutant if it causes two types of emissions increases – a significant emissions 

increase (as defined in paragraph (b)(50)), and a significant net emissions increase (as defined in paragraphs 

(b)(34) and (b)(49)). 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 (a)(2)(iv)(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 paragraph (b)(34). 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 paragraph (b)(41)) and the baseline actual 
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emissions (as defined in paragraphs (b)(4)(i) and (ii)), for each existing emissions unit, equals or exceeds the 

significant amount for that pollutant (as defined in paragraph (b)(49)). 

 (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 paragraph (b)(37)) from each new emissions unit following 

completion of the project and the baseline actual emissions (as defined in paragraph (b) (4)(iii)) of these units 

before the project equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(49)). 

 (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 paragraphs (a)(2)(iv)(c) and (d) as applicable with respect to 

each emissions unit, equals or exceeds, the significant amount for that pollutant (as defined in paragraph 

(b)(49)). 

 (v) For any major stationary source for a Plantwide Applicability Limitation (PAL) for a regulated NSR 

pollutant, the major stationary source shall comply with the requirements under paragraph (aa). 

(b) Definitions. 

 For the purposes of this regulation: 

 (1)(i) “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an 

emissions unit, as determined in accordance with paragraphs (b)(1)(ii) through (iv), except that this 

definitions shall not apply for calculating whether a significant emissions increase has occurred, or for 

establishing a PAL under paragraph (aa). Instead, paragraphs (b)(41) and (b)(4) shall apply for those 

purposes. 

 (ii) 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 24-month period which precedes the 

particular date and which is representative of normal source operation. The Department 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. 

 (iii) The Department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

 (iv) 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) “Adverse impact on visibility” means visibility impairment which interferes with the management, 

protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This 

determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, frequency and time of visibility impairment, and how these factors correlate with (1) times of visitor 

use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. 

 (3)“Allowable emissions” means the emissions rate of a stationary source calculated using the maximum 

rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the 
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operating rate, or hours of operation, or both) and the most stringent of the following: 

 (i) The applicable standards as set forth in 40 CFR 60 and 61; 

 (ii) The applicable State Implementation Plan emissions limitation, including those with a future 

compliance date; or 

 (iii) The emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

 (4) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR 

pollutant, as determined in accordance with paragraphs (b)(4)(i) through (iv). 

 (i) 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 24-month period 

selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

begins actual construction of the project. The Department shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. 

 (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups and shutdowns. 

 (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above any emission limitation that was legally enforceable during the 

consecutive 24-month period. 

 (c) For a regulated NSR pollutant, when a project involves multiple emissions units, only one 

consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 

 (d) 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 (b)(4)(i)(b). 

 

 (ii) 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 Department for a permit required 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 than November 15, 1990. The Department reserves the right to determine if the 24-

month period selected is appropriate. 

 (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups and shutdowns. 

 (b) 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 legally enforceable during the 

consecutive 24-month period. 

 (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded 
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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 40 CFR 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 

consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G). 

 (d) For a regulated NSR pollutant, when a project involves multiple emissions units, only one 

consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions 

units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 

 (e) 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 paragraphs (b)(4)(ii)(b) and (c). 

 (iii) 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. 

 (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in paragraph (b)(4)(i), for 

other existing emissions units in accordance with the procedures contained in paragraph (b)(4)(ii), and for a 

new emissions unit in accordance with the procedures contained in paragraph (b)(4)(iii). 

 (5)(i) “Baseline area” means any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under section 107(d)(1)(D) or (E) of the Clean Air Act in which the major source or major 

modification establishing the minor source baseline date would construct or would have an air quality impact 

equal to or greater than 1 μg/m3

 (annual average) of the pollutant for which the minor source baseline date is 

established. 

 (ii) Area redesignations under section 107(d)(1)(D) or (E) of the Clean Air Act cannot intersect or be 

smaller than the area of impact of any major stationary source or major modification which: 

 (a) Establishes a minor source baseline date; or 

 (b) Is subject to 40 CFR 51.166 and would be constructed in the same state as the state proposing the 

redesignation. 

 (iii) Any baseline area established originally for the TSP increments shall remain in effect and shall 

apply for purposes of determining the amount of available PM10 increments, except that such baseline area 

shall not remain in effect if the Department rescinds the corresponding minor source baseline date in 

accordance with paragraph (b)(31)(iv). 

 (6)(i) “Baseline concentration” means that ambient concentration level that exists in the baseline area at 

the time of the applicable minor source baseline date. A baseline concentration is determined for each 

pollutant for which a minor source baseline date is established and shall include: 

 (a) The actual emissions, as defined in paragraph (b)(1), representative of sources in existence on the 

applicable minor source baseline date, except as provided in paragraph (b) (6)(ii); and 

 (b) The allowable emissions of major stationary sources that commenced construction before the 
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major source baseline date, but were not in operation by the applicable minor source baseline date. 

 (ii) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 

 (a) Actual emissions, as defined in paragraph (b)(1), from any major stationary source on which 

construction commenced after the major source baseline date; and 

 (b) Actual emissions increases and decreases, as defined in paragraph (b)(1), at any stationary source 

occurring after the minor source baseline date. 

 (7)“Begin actual construction” means, in general, initiation of physical on-site construction activities on 

an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation 

of building supports and foundations, laying underground pipework and construction of permanent storage 

structures. With respect to a change in method of operations, this term refers to those on-site activities other 

than preparatory activities which mark the initiation of the change. 

 (8) “Best available control technology” means an emissions limitation (including a visible emission 

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 Department, on a caseby-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 CFR 60 and 61. If the Department 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 best available control 

technology. 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. 

 (9) “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 first 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 4101-0066 and 003-005-00176-0, respectively). 

 (10) “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. 

 (11) “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 $2,500,000,000 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 20 

percent of the total cost of the demonstration project. 
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 (12) [Reserved] 

 (13) “Commence” as applied to construction of a major stationary source or major modification means that 

the owner or operator has all necessary preconstruction approvals or permits and either has: 

 (i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

completed within a reasonable time; or 

 (ii) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

without substantial loss to the owner or operator, to undertake a program of actual construction of the source 

to be completed within a reasonable time. 

 (14) “Complete” means in reference to an application for a permit, that the application contains all of the 

information necessary for processing the application. 

 (15) “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 actual emissions. 

 (16) “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this regulation, to sample, condition (if 

applicable), analyze, and provide a record of emissions on a continuous basis. 

 (17) “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). 

 (18) “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to 

meet the data acquisition and availability requirements of this regulation, 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. 

 (19) “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. 

 (20) “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 utility steam generating unit as defined in paragraph 

(b)(19). For purposes of this regulation, there are two types of emissions units as described in paragraphs 

(b)(20)(i) and (ii). 

 (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed 

for less than 2 years from the date such emissions unit first operated. 

 (ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph 

(b)(20)(i). A replacement unit, as defined in paragraph (b)(45), is an existing emissions unit. 
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 (21) “Federal Land Manager” means, with respect to any lands in the United States, the Secretary of the 

department with authority over such lands. 

 (22) “Federally enforceable” means all limitations and conditions which are enforceable by the 

Administrator, including those requirements developed pursuant to 40 CFR 60 and 61, requirements within 

any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or 

under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under an 

EPA-approved program that is incorporated into the State implementation plan and expressly requires 

adherence to any permit issued under such program. 

 (23) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

 (24) “High terrain” means any area having an elevation 900 feet or more above the base of the stack of a 

source. 

 (25) “Indian Governing Body” means the governing body of any tribe, band, or group of Indians subject 

to the jurisdiction of the United States and recognized by the United States as possessing power of self 

government. 

 (26) “Indian Reservation” means any federally recognized reservation established by Treaty, Agreement, 

Executive Order, or Act of Congress. 

 (27) “Innovative control technology” means any system of air pollution control that has not been 

adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous 

emissions reduction than any control system in current practice or of achieving at least comparable reductions 

at lower cost in terms of energy, economics, or nonair quality environmental impacts. 

 (28) “Low terrain” means any area other than high terrain. 

 (29) “Lowest achievable emission rate (LAER)” is as defined in paragraph (c)(5) of Regulation 61-62.5 

Standard 7.1, “Nonattainment New Source Review.” 

 (30)(i) “Major modification” means any physical change in or change in the method of operation of a 

major stationary source that would result in: a significant emissions increase (as defined in paragraph (b)(50)) 

of a regulated NSR pollutant (as defined in paragraph (b)(44)); and a significant net emissions increase of that 

pollutant from the major stationary source. 

 (ii) Any significant emissions increase (as defined in paragraph (b)(50)) from any emissions units or net 

emissions increase (as defined in paragraph (b)(34)) at a major stationary source that is significant for volatile 

organic compounds or oxides of nitrogen shall be considered significant for ozone. 

 (iii) A physical change or change in the method of operation shall not include: 

 (a) Routine maintenance, repair and replacement; 

 (b) 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; 

 (c) Use of an alternative fuel by reason of an order or rule under section 125 of the Clean Air Act; 
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 (d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from 

municipal solid waste; 

 (e) Use of an alternative fuel or raw material by a stationary source which: 

 (1) The source was capable of accommodating before January 6, 1975, unless such change would be 

prohibited under any federally enforceable permit condition which was established after January 6, 1975 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166; or 

 (2) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations 

approved pursuant to 40 CFR 51.166; 

 (f) An increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit condition which was established after January 6, 1975, 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166. 

 (g) Any change in ownership at a stationary source. 

 (h) [Reserved] 

 

 (i) The installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with: 

 (1) The State implementation plan for the State in which the project is located, and 

 (2) Other requirements necessary to attain and maintain the national ambient air quality standards 

during the project and after it is terminated. 

 (j) The installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. 

 (k) The reactivation of a very clean coal-fired electric utility steam generating unit. 

 (iv) 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 (aa) for a PAL for that pollutant. 

Instead, the definition at paragraph (aa)(2)(viii) shall apply. 

 (31)(i) “Major source baseline date” means: 

 (a) In the case of particulate matter and sulfur dioxide, January 6, 1975, and 

 (b) In the case of nitrogen dioxide, February 8, 1988. 

 (ii) “Minor source baseline date” means the earliest date after the trigger date on which a major 

stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 

CFR 51.166 submits a complete application under the relevant regulations. The trigger date is: 

 (a) In the case of particulate matter and sulfur dioxide, August 7, 1977, and 
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 (b) In the case of nitrogen dioxide, February 8, 1988. 

 (iii) The baseline date is established for each pollutant for which increments or other equivalent measures 

have been established if: 

 (a) The area in which the proposed source or modification would construct is designated as attainment 

or unclassifiable under section 107(d)(i)(D) or (E) of the Federal Clean Air Act for the pollutant on the date of 

its complete application under 40 CFR 52.21; and 

 (b) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, 

in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

 (iv) Any minor source baseline date established originally for the TSP increments shall remain in effect 

and shall apply for purposes of determining the amount of available PM10 increments, except that the 

Department shall rescind a minor source baseline date where it can be shown, to the satisfaction of the 

Department, that the emissions increase from the major stationary source, or net emissions increase from the 

major modification, responsible for triggering that date did not result in a significant amount of PM10

emissions. 

 (32)(i) “Major stationary source” means: 

 (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 

100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp 

mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore 

reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of 

refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock 

processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary 

lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process 

plants (which does not include ethanol production facilities that produce ethanol by natural fermentation 

included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) totaling more than 

250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal 

production plants; 

 (b) Notwithstanding the stationary source size specified in paragraph (b)(32)(i), any stationary source 

which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or 

 (c) Any physical change that would occur at a stationary source not otherwise qualifying under 

paragraph (b)(32), as a major stationary source, if the changes would constitute a major stationary source by 

itself. 

 (ii) A major stationary source that is major for volatile organic compounds or oxides of nitrogen shall be 

considered major for ozone. 

 (iii) The fugitive emissions of a stationary source shall not be included in determining for any of the 

purposes of this regulation whether it is a major stationary source, unless the source belongs to one of the 

following categories of stationary sources: 

 (a) Coal cleaning plants (with thermal dryers); 
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 (b) Kraft pulp mills; 

 (c) Portland cement plants; 

 (d) Primary zinc smelters; 

 (e) Iron and steel mills; 

 (f) Primary aluminum ore reduction plants; 

 (g) Primary copper smelters; 

 (h) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (i) Hydrofluoric, sulfuric, or nitric acid plants; 

 (j) Petroleum refineries; 

 (k) Lime plants; 

 (l) Phosphate rock processing plants; 

 (m) Coke oven batteries; 

 (n) Sulfur recovery plants; 

 (o) Carbon black plants (furnace process); 

 (p) Primary lead smelters; 

 (q) Fuel conversion plants; 

 (r) Sintering plants; 

 (s) Secondary metal production plants; 

 (t) 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; 

 (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per 

hour heat input; 

 (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

 (w) Taconite ore processing plants; 

 (x) Glass fiber processing plants; 

 (y) Charcoal production plants; 

 (z) Fossil fuel-fired steam electric plants of more that 250 million British thermal units per hour heat 
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input, and 

 (aa) 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. 

 (33) “Necessary preconstruction approvals or permits” means those permits or approvals required under 

federal air quality control laws and regulations and those air quality control laws and regulations which are 

part of the applicable State Implementation Plan. 

 (34)(i) “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: 

 (a) The increase in emissions from a particular physical change or change in method of operation at a 

stationary source as calculated pursuant to paragraph (a)(2)(iv); and 

 (b) 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 actual emissions for 

calculating increases and decreases under this paragraph (b)(34)(i)(b) shall be determined as provided in 

paragraph (b)(4), except that paragraphs (b)(4)(i)(c) and (b)(4)(ii)(d) shall not apply. 

 (ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular 

change only if it occurs between: 

 (a) The date five years before construction on the particular change commences; and 

 (b) The date that the increase from the particular change occurs. 

 (iii) An increase or decrease in actual emissions is creditable only if: 

 (a) The Department has not relied on it in issuing a permit for the source under this section, which 

permit is in effect when the increase in actual emissions from the particular change occurs; and 

 (b) [Reserved] 

 (c) It occurs within five years before the date that the increase from the particular change occurs. 

 (iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxide, 

that occurs before the applicable minor source baseline date is creditable only if it is required to be considered 

in calculating the amount of maximum allowable increases remaining available 

 (v) An increase in actual emissions is creditable only to the extent that the new level of actual emissions 

exceeds the old level. 

 (vi) A decrease in actual emissions is creditable only to the extent that: 

 (a) The old level of actual emissions or the old level of allowable emissions, whichever is lower, 

exceeds the new level of actual emissions; 

 (b) It is federally enforceable at and after the time that actual construction on the particular change 

begins; and 
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 (c) It has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

 (vii) [Reserved] 

 (viii) 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. Any replacement 

unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 

180 days. 

 (ix) Paragraph (b)(1)(ii) shall not apply for determining creditable increases and decreases. 

 (35) [Reserved]

 (36) [Reserved]

 (37) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or 

the effect it would have on emissions is federally enforceable. Secondary emissions do not count in 

determining the potential to emit of a stationary source. 

 (38) “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. 

 (39) “Prevention of Significant Deterioration (PSD) program” means the EPA-implemented major 

source preconstruction permit programs or a major source preconstruction permit program that has been 

approved by the Administrator and incorporated into the State Implementation Plan pursuant to 40 CFR 

51.166 to implement the requirements of that section. Any permit issued under such a program is a major 

NSR permit. 

 (40) “Project” means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

 (41)(i) “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 5 years (12-month 

period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to 

emit 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. 

 (ii) In determining the projected actual emissions under paragraph (b)(41)(i) (before beginning actual 

construction), the owner or operator of the major stationary source: 

 (a) 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 State Implementation Plan; and 
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 (b) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups 

and shutdowns; and 

 (c) 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 24-month period used to establish the baseline actual emissions under paragraph (b)(4) and that 

are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or 

 (d) In lieu of using the method set out in paragraph (b)(41)(ii)(a) through (c), may elect to use the 

emissions unit's potential to emit, in tons per year, as defined under paragraph (b)(37). 

 (42) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical 

change or change in the method of operation associated with the commencement of commercial operations by 

a coal-fired utility unit after a period of discontinued operation where the unit: 

 (i) Has not been in operation for the two-year period prior to the enactment of the Clean Air Act 

Amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's 

emissions inventory at the time of enactment; 

 (ii) Was equipped prior to shut-down with a continuous system of emissions control that achieves a 

removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency for particulates of no 

less than 98 percent; 

 (iii) Is equipped with low-NOx burners prior to the time of commencement of operations following 

reactivation; and 

 (iv) Is otherwise in compliance with the requirements of the Clean Air Act. 

 (43) “Reasonably available control technology (RACT)” is as defined in 40 CFR 51.100(o). 

 (44) “Regulated NSR pollutant,” for purposes of this regulation, means the following: 

 (i) Any pollutant for which a national ambient air quality standard has been promulgated and any 

constituents or precursors for such pollutants identified by the Administrator. Precursors identified by the 

Administrator for purposes of NSR are the following: 

 (a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and 

unclassifiable areas. 

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. 

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable 

areas, unless the State demonstrates to the Administrator’s satisfaction or the EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s 

ambient PM2.5 concentrations. 

(d) Volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment or 

unclassifiable area, unless the State demonstrates to the Administrator’s satisfaction or the EPA demonstrates 

that emissions of volatile organic compounds from sources in a specific area are a significant contributor to 
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that area’s ambient PM2.5 concentrations. 

 (ii) Any pollutant that is subject to any standard promulgated under section 111 of the Clean Air Act; 

 (iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the 

Clean Air Act; or 

 (iv) Any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all 

hazardous air pollutants either listed in section 112 of the Clean Air Act or added to the list pursuant to 

section 112(b)(2) of the Clean Air Act, which have not been delisted pursuant to section 112(b)(3) of the 

Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor of a general pollutant listed under section 108 of the Clean Air Act. 

 (v) Reserved 

 (vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10 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 (or any earlier date established in the upcoming rulemaking codifying test methods), 

such condensable particulate matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for PM, PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM, 

PM2.5 and PM10 issued prior to this date shall not be based on condensable particular matter unless required by 

the terms and conditions of the permit or the applicable implementation plan. Applicability determinations 

made prior to this date without accounting for condensable particular matter shall not be considered in 

violation of this section unless the applicable implementation plan required condensable particular matter to 

be included. 

 (45) “Replacement unit” means an emissions unit for which all the criteria listed in paragraphs (b)(45)(i) 

through (iv) are met. No credible emission reductions shall be generated from shutting down the existing 

emissions unit that is replaced. 

 (i)The emissions unit is a reconstructed unit within the meaning of 40 CFR 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. 

 (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. 

 (46)(i) “Repowering” means replacement of an existing coal-fired boiler with one of the following clean 

coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined 

cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as 

determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of 

these technologies, and any other technology capable of controlling multiple combustion emissions 

simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction 

relative to the performance of technology in widespread commercial use as of November 15, 1990. 

 (ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal 

technology demonstration funding as of January 1, 1991, by the Department of Energy. 
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 (iii) The Department shall give expedited consideration to permit applications for any source that 

satisfies the requirements of this subsection and is granted an extension under section 409 of the Clean Air 

Act. 

 

 (47) Reserved 

 (48) “Secondary emissions” means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major stationary 

source or major modification itself. For the purposes of this section, secondary emissions must be specific, 

well defined, quantifiable, and impact the same general areas the stationary source modification which causes 

secondary emissions. Secondary emissions include emissions from any offsite support facility which would 

not be constructed or increase its emissions except as a result of the construction or operation of the major 

stationary source or major modification. Secondary emissions do not include any emissions which come 

directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, from a 

vessel; or from the following: 

 (i) Emissions from ships or trains coming to or from the new or modified stationary source; and 

 (ii) Emissions from any offsite support facility which would not otherwise be constructed or increase its 

emissions as a result of the construction or operation of the major stationary source or major modification. 

 (49)(i) “Significant” means, 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 and Emissions Rate 

 Carbon monoxide: 100 tons per year (tpy) 

 Nitrogen oxides: 40 tpy 

 Sulfur dioxide: 40 tpy 

 Particulate matter: 

 25 tpy of particulate matter emissions; 

 15 tpy of PM10 emissions 

 10 tpy of direct PM2.5 ; 

 40 tpy of sulfur dioxide emissions; 

 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under (b)44 of this 

section 

 Ozone: 40 tpy of volatile organic compounds or oxides of nitrogen 

 Lead: 0.6 tpy 

 Fluorides: 3 tpy 

 Sulfuric acid mist: 7 tpy 

 Hydrogen sulfide (H2S): 10 tpy 
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 Total reduced sulfur (including H2S): 10 tpy 

 Reduced sulfur compounds (including H2S): 10 tpy 

 Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins 

and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 x 10-6 tons per year). 

 Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per 

year) 

 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams 

per year (40 tons per year) 

 Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams 

per year (50 tons per year) 

 (ii) “Significant” means, in reference to a net emissions increase or the potential of a source to emit a 

regulated NSR pollutant that paragraph (b)(49)(i), does not list, any emissions rate. 

 (iii) Notwithstanding paragraph (b)(49)(i), significant means any emissions rate or any net emissions 

increase associated with a major stationary source or major modification, which would construct within 10 

kilometers of a Class I area, and have an impact on such area equal to or greater than 1 μg/m3

, (24-hour 

average). 

 (50) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that 

is significant (as defined in paragraph (b)(49)) for that pollutant. 

 (51) “Stationary source” means any building, structure, facility, or installation which emits or may emit a 

regulated NSR pollutant. 

 (52) “Temporary clean coal technology demonstration project” means a clean coal technology 

demonstration project that is operated for a period of 5 years or less, and which complies with the State 

implementation plans 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. 

 (53) “Volatile organic compounds (VOC)” is as defined in Regulation 61-62.1, Section I, Definitions. 

(c) Ambient air increments.

 In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration 

shall be limited to the following: 

CLASS I 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 4 Particulate matter: PM10, 24-hr maximum 8 

annual arithmetic mean 2 

Sulfur dioxide: 24-hr maximum 5 

3-hr maximum 25 
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CLASS I 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

Nitrogen dioxide: annual arithmetic mean 2.5 

CLASS II 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 17 Particulate matter: PM10, 24-hr maximum 30 

annual arithmetic mean 20 

Sulfur dioxide: 24-hr maximum 91 

3-hr maximum 512 

Nitrogen dioxide: annual arithmetic mean 25 

CLASS III 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 34 Particulate matter: PM10, 24-hr maximum 60 

annual arithmetic mean 40 

Sulfur dioxide: 24-hr maximum 182 

3-hr maximum 700 

Nitrogen dioxide: annual arithmetic mean 50 

 For any period other than an annual period, the applicable maximum allowable increase may be exceeded 

during one such period per year at any one location. 

(d) Ambient air ceilings. 

 No concentration of a pollutant shall exceed: 

 (1) The concentration permitted under the national secondary ambient air quality standard, or 

 (2) The concentration permitted under the national primary ambient air quality standard, whichever 

concentration is lowest for the pollutant for a period of exposure. 

(e) Restrictions on area classifications. 

 (1) All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may 

not be redesignated: 

 (i) International parks, 

 (ii) National wilderness areas which exceed 5,000 acres in size, 

 (iii) National memorial parks which exceed 5,000 acres in size, and 
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 (iv) National parks which exceed 6,000 acres in size. 

 (2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall 

remain Class I, but may be redesignated as provided in this section. 

 (3) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated 

Class II, but may be redesignated as provided in this section. 

 (4) The following areas may be redesignated only as Class I or II: 

 (i) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a 

national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a 

national wildlife refuge, a national lakeshore or seashore; and 

 (ii) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 

acres in size. 

(f) [Reserved] 

(g) Redesignation. 

 (1) All areas (except as otherwise provided under paragraph (e)) are designated Class II as of December 5, 

1974. Redesignation (except as otherwise precluded by paragraph (e)) may be proposed by the respective 

States or Indian Governing Bodies, as provided below, subject to approval by the Administrator as a revision 

to the applicable State implementation plan. 

 (2) The State may submit to the Administrator a proposal to redesignate areas of the State Class I or Class 

II provided that: 

 (i) At least one public hearing has been held in accordance with procedures established in 40 CFR 

51.102; 

 (ii) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by 

the proposed redesignation were notified at least 30 days prior to the public hearing; 

 (iii) A discussion of the reasons for the proposed redesignation, including a satisfactory description and 

analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was 

prepared and made available for public inspection at least 30 days prior to the hearing and the notice 

announcing the hearing contained appropriate notification of the availability of such discussion; 

 (iv) Prior to the issuance of notice respecting the redesignation of an area that includes any Federal lands, 

the State has provided written notice to the appropriate Federal Land Manager and afforded adequate 

opportunity (not in excess of 60 days) to confer with the State respecting the redesignation and to submit 

written comments and recommendations. In redesignating any area with respect to which any Federal Land 

Manager had submitted written comments and recommendations, the State shall have published a list of any 

inconsistency between such redesignation and such comments and recommendations (together with the 

reasons for making such redesignation against the recommendation of the Federal Land Manager); and 

 (v) The State has proposed the redesignation after consultation with the elected leadership of local and 

other substate general purpose governments in the area covered by the proposed redesignation. 
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 (3) Any area other than an area to which paragraph (e) refers may be redesignated as Class III if – 

 (i) The redesignation would meet the requirements of paragraph (g)(2); 

 (ii) The redesignation, except any established by an Indian Governing Body, has been specifically 

approved by the Governor of the State, after consultation with the appropriate committees of the legislature, if 

it is in session, or with the leadership of the legislature, if it is not in session (unless State law provides that 

the redesignation must be specifically approved by State legislation) and if general purpose units of local 

government representing a majority of the residents of the area to be redesignated enact legislation or pass 

resolutions concurring in the redesignation: 

 (iii) The redesignation would not cause, or contribute to, a concentration of any air pollutant which 

would exceed any maximum allowable increase permitted under the classification of any other area or any 

national ambient air quality standard; and 

 (iv) Any permit application for any major stationary source or major modification, subject to review 

under paragraph (l), which could receive a permit under this section only if the area in question were 

redesignated as Class III, and any material submitted as part of that application, were available insofar as was 

practicable for public inspection prior to any public hearing on redesignation of the area as Class III. 

 (4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the 

appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Department a 

proposal to redesignate areas Class I, Class II, or Class III: Provided, That: 

 (i) The Indian Governing Body has followed procedures equivalent to those required of a State under 

paragraphs (g)(2), (g)(3)(iii), and (g)(3)(iv); and 

 (ii) Such redesignation is proposed after consultation with the State(s) in which the Indian Reservation is 

located and which border the Indian Reservation. 

 (5) The Administrator shall disapprove, within 90 days of submission, a proposed redesignation of any area 

only if it is found, after notice and opportunity for public hearing, that such redesignation does not meet the 

procedural requirements of this paragraph or is inconsistent with paragraph (e). If any such disapproval 

occurs, the classification of the area shall be that which was in effect prior to the redesignation which was 

disapproved. 

 (6) If the Administrator disapproves any proposed redesignation, the State or Indian Governing Body, as 

appropriate, may resubmit the proposal after correcting the deficiencies noted by the Administrator. 

(h) Stack heights. 

 (1) The degree of emission limitation required for control of any air pollutant under this section shall not be 

affected in any manner by-- 

 (i) So much of the stack height of any source as exceeds good engineering practice, or 

 (ii) Any other dispersion technique. 

 (2) Paragraph (h)(1) shall not apply with respect to stack heights in existence before December 31, 1970, or 

to dispersion techniques implemented before then. 
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(i) Exemptions

 (1) The requirements of paragraphs (j) through (r) shall not apply to a particular major stationary source or 

major modification, if: 

 (i) Construction commenced on the source or modification before August 7, 1977. The regulations at 40 

CFR 52.21 as in effect before August 7, 1977, shall govern the review and permitting of any such source or 

modification; or 

 (ii) The source or modification was subject to the review requirements of 40 CFR 52.21(d)(1) as in effect 

before March 1, 1978, and the owner or operator: 

 (a) Obtained under 40 CFR 52.21 a final approval effective before March 1, 1978; 

 (b) Commenced construction before March 19, 1979; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable time; or 

 (iii) The source or modification was subject to 40 CFR 52.21 as in effect before March 1, 1978, and the 

review of an application for approval for the stationary source or modification under 40 CFR 52.21 would 

have been completed by March 1, 1978, but for an extension of the public comment period pursuant to a 

request for such an extension. In such case, the application shall continue to be processed, and granted or 

denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or 

 (iv) The source or modification was not subject to 40 CFR 52.21 as in effect before March 1, 1978, and 

the owner or operator: 

 (a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the 

applicable State Implementation Plan before March 1, 1978; 

 (b) Commenced construction before March 19, 1979; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable time; or 

 (v) The source or modification was not subject to 40 CFR 52.21 as in effect on June 19, 1978 or under 

the partial stay of regulations published on February 5, 1980 (45 FR 7800), and the owner or operator: 

 (a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the 

applicable State Implementation Plan before August 7, 1980; 

 (b) Commenced construction within 18 months from August 7, 1980, or any earlier time required 

under the applicable State Implementation Plan; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable time; or 

 (vi) The source or modification would be a nonprofit health or nonprofit educational institution, or a 

major modification would occur at such an institution, and the governor of the state in which the source or 

modification would be located requests that it be exempt from those requirements; or 
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 (vii) The source or modification would be a major stationary source or major modification only if 

fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the 

stationary source or modification and the source does not belong to any of the following categories: 

 (a) Coal cleaning plants (with thermal dryers); 

 (b) Kraft pulp mills; 

 (c) Portland cement plants; 

 (d) Primary zinc smelters; 

 (e) Iron and steel mills; 

 (f) Primary aluminum ore reduction plants; 

 (g) Primary copper smelters; 

 (h) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (i) Hydrofluoric, sulfuric, or nitric acid plants; 

 (j) Petroleum refineries; 

 (k) Lime plants; 

 (l) Phosphate rock processing plants; 

 (m) Coke oven batteries; 

 (n) Sulfur recovery plants; 

 (o) Carbon black plants (furnace process); 

 (p) Primary lead smelters; 

 (q) Fuel conversion plants; 

 (r) Sintering plants; 

 (s) Secondary metal production plants; 

 (t) 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; 

 (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per 

hour heat input; 

 (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 
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 (w) Taconite ore processing plants; 

 (x) Glass fiber processing plants; 

 (y) Charcoal production plants; 

 (z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 

input; 

 (aa) Any other stationary source category which, as of August 7, 1980, is being regulated under 

section 111 or 112 of the Clean Air Act; or 

 (viii) The source is a portable stationary source which has previously received a permit under this 

section, and 

 (a) The owner or operator proposes to relocate the source and emissions of the source at the new 

location would be temporary; and 

 (b) The emissions from the source would not exceed its allowable emissions; and 

 (c) The emissions from the source would impact no Class I area and no area where an applicable 

increment is known to be violated; and 

 (d) Reasonable notice is given to the Department prior to the relocation identifying the proposed new 

location and the probable duration of operation at the new location. Such notice shall be given to the 

Department not less than 10 days in advance of the proposed relocation unless a different time duration is 

previously approved by the Department. 

 (ix) The source or modification was not subject to section 52.21 with respect to particulate matter, as in 

effect before July 31, 1987, and the owner or operator: 

 (a) Obtained all final Federal, State, and local preconstruction approvals or permits necessary under 

the applicable State implementation plan before July 31, 1987; 

 (b) Commenced construction within 18 months after July 31, 1987, or any earlier time required under 

the State implementation plan; and 

 (c) Did not discontinue construction for a period of 18 months or more and completed construction 

within a reasonable period of time. 

 (x) The source or modification was subject to 40 CFR 52.21, with respect to particulate matter, as in 

effect before July 31, 1987 and the owner or operator submitted an application for a permit under this section 

before that date, and the Department subsequently determines that the application as submitted was complete 

with respect to the particulate matter requirements then in effect in this section. Instead, the requirements of 

paragraphs (j) through (r) that were in effect before July 31, 1987 shall apply to such source or modification. 

 (2) The requirements of paragraphs (j) through (r) shall not apply to a major stationary source or major 

modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that 

pollutant, the source or modification is located in an area designated as nonattainment under section 107 of 

the Clean Air Act. 
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 (3) The requirements of paragraphs (k), (m) and (o) shall not apply to a major stationary source or major 

modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, 

or the net emissions increase of that pollutant from the modification: 

 (i) Would impact no Class I area and no area where an applicable increment is known to be violated, and 

 (ii) Would be temporary. 

 (4) The requirements of paragraphs (k), (m) and (o) as they relate to any maximum allowable increase for a 

Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 

1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after 

the application of best available control technology would be less than 50 tons per year. 

 (5) The Department may exempt a stationary source or modification from the requirements of paragraph 

(m), with respect to monitoring for a particular pollutant if: 

 (i) The emissions increase of the pollutant from the new source or the net emissions increase of the 

pollutant from the modification would cause, in any area, air quality impacts less than the following amounts: 

 Carbon monoxide--575 μg/m3

, 8-hour average; 

 Nitrogen dioxide--14 μg/m3

, annual average; 

 Particulate matter--10 μg/m3

 of PM10, 24-hour average; 

 Sulfur dioxide--13 μg/m3

, 24-hour average; 

 Ozone;1

 

 Lead--0.1 μg/m3

, 3-month average; 

 Fluorides--0.25 μg/m3

, 24-hour average; 

 Total reduced sulfur--10 μg/m3

, 1-hour average; 

 Hydrogen sulfide--0.2 μg/m3

, 1-hour average; 

 Reduced sulfur compounds--10 μg/m3

, 1-hour average; or 

 1

 No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per 

year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform 

an ambient impact analysis including the gathering of ambient air quality data. 

 (ii) The concentrations of the pollutant in the area that the source or modification would affect are less 

than the concentrations listed in paragraph (i)(5)(i), or the pollutant is not listed in paragraph (i)(5)(i). 

 (6) The requirements for best available control technology in paragraph (j) and the requirements for air 

quality analyses in paragraph (m)(1), shall not apply to a particular stationary source or modification that was 

subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification 

submitted an application for a permit under those regulations before August 7, 1980, and the Department 

subsequently determines that the application as submitted before that date was complete. Instead, the 

requirements at 40 CFR 52.21(j) and (n) as in effect on June 19, 1978 apply to any such source or 

modification. 

 (7)(i) The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) shall not apply to a 

particular source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner 

or operator of the source or modification submits an application for a permit under this section on or before 

June 8, 1981, and the Department subsequently determines that the application as submitted before that date 

was complete with respect to the requirements of this regulation other than those in paragraphs (m)(1)(ii) 

through (iv), and with respect to the requirements for such analyses at 40 CFR 52.21(m)(2) as in effect on 
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June 19, 1978. Instead, the latter requirements shall apply to any such source or modification. 

 (ii) The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) shall not apply to a 

particular source or modification that was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if the 

owner or operator of the source or modification submits an application for a permit under this section on or 

before June 8, 1981, and the Department subsequently determines that the application as submitted before that 

date was complete, except with respect to the requirements in paragraphs (m)(1)(ii) through (iv). 

 (8)(i) At the discretion of the Department, the requirements for air quality monitoring of PM10 in 

paragraphs (m)(1)(i)--(iv) may not apply to a particular source or modification when the owner or operator of 

the source or modification submits an application for a permit under this section on or before June 1, 1988 

and the Department subsequently determines that the application as submitted before that date was complete, 

except with respect to the requirements for monitoring particulate matter in paragraphs (m)(1)(i) through (iv). 

 (ii) The requirements for air quality monitoring of PM10 in paragraphs (m)(1), (ii) and (iv) and (m)(3) 

shall apply to a particular source or modification if the owner or operator of the source or modification 

submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. 

The data shall have been gathered over at least the period from February 1, 1988 to the date the application 

becomes otherwise complete in accordance with the provisions set forth under paragraph (m)(1)(viii), except 

that if the Department determines that a complete and adequate analysis can be accomplished with monitoring 

data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have 

been gathered over a shorter period. 

 (9) The requirements of paragraph (k)(2) shall not apply to a stationary source or modification with respect 

to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification 

submitted an application for a permit under this section before the provisions embodying the maximum 

allowable increase took effect as part of the applicable implementation plan and the Department subsequently 

determined that the application as submitted before that date was complete. 

 (10) The requirements in paragraph (k)(2) shall not apply to a stationary source or modification with 

respect to any maximum allowable increase for PM10 if 

 (i) the owner or operator of the source or modification submitted an application for a permit under this 

section before the provisions embodying the maximum allowable increases for PM10 took effect in an 

implementation plan to which this section applies, and 

 (ii) the Department subsequently determined that the application as submitted before that date was 

otherwise complete. Instead, the requirements in paragraph (k)(2) shall apply with respect to the maximum 

allowable increases for TSP as in effect on the date the application was submitted. 

(j) Control technology review. 

 (1) A major stationary source or major modification shall meet each applicable emissions limitation under 

the State Implementation Plan and each applicable emissions standard and standard of performance under 40 

CFR 60 and 61. 

 (2) A new major stationary source shall apply best available control technology for each regulated NSR 

pollutant that it would have the potential to emit in significant amounts. 

 (3) A major modification shall apply best available control technology for each regulated NSR pollutant for 

which it would result in a significant net emissions increase at the source. This requirement applies to each 
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proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a 

physical change or change in the method of operation in the unit. 

 (4) For phased construction projects, the determination of best available control technology shall be 

reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior 

to commencement of construction of each independent phase of the project. At such time, the owner or 

operator of the applicable stationary source may be required to demonstrate the adequacy of any previous 

determination of best available control technology for the source. 

(k) Source impact analysis. 

 The owner or operator of the proposed source or modification shall demonstrate that allowable emission 

increases from the proposed source or modification, in conjunction with all other applicable emissions 

increases or reductions (including secondary emissions), would not cause or contribute to air pollution in 

violation of: 

 (1) Any national ambient air quality standard in any air quality control region; or 

 (2) Any applicable maximum allowable increase over the baseline concentration in any area. 

(l) Air Quality Models 

 (1) All estimates of ambient concentrations required under this paragraph shall be based on applicable air 

quality models, data bases, and other requirements specified in 40 CFR 51 appendix W (Guideline on Air 

Quality Models). 

 (2) Where an air quality model specified in 40 CFR 51 appendix W (Guideline on Air Quality Models) is 

inappropriate, the model may be modified or another model substituted. Such a modification or substitution of 

a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific state 

program. Written approval of the Department must be obtained for any modification or substitution. In 

addition, use of a modified or substituted model must be subject to notice and opportunity for public comment 

under procedures developed in accordance with paragraph (q). 

(m) Air quality analysis-- 

 (1) Preapplication analysis. 

 (i) Any application for a permit under this section shall contain an analysis of ambient air quality in the 

area that the major stationary source or major modification would affect for each of the following pollutants: 

 (a) For the source, each pollutant that it would have the potential to omit in a significant amount; 

 (b) For the modification, each pollutant for which it would result in a significant net emissions 

increase. 

 (ii) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the 

analysis shall contain such air quality monitoring data as the Department determines is necessary to assess 

ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. 

 (iii) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard 

does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of 
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determining whether emissions of that pollutant would cause or contribute to a violation of the standard or 

any maximum allowable increase. 

 (iv) In general, the continuous air quality monitoring data that is required shall have been gathered over a 

period of at least one year and shall represent at least the year preceding receipt of the application, except that, 

if the Department determines that a complete and adequate analysis can be accomplished with monitoring 

data gathered over a period shorter than one year (but not to be less than four months), the data that is 

required shall have been gathered over at least that shorter period. 

 (v) For any application which becomes complete, except as to the requirements of paragraphs (m)(1)(iii) 

and (iv), between June 8, 1981, and February 9, 1982, the data that paragraph (m)(1)(iii), requires shall have 

been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise 

complete, except that: 

 (a) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in 

effect on June 19, 1978, any monitoring data shall have been gathered over at least the period required by 

those regulations. 

 (b) If the Department determines that a complete and adequate analysis can be accomplished with 

monitoring data over a shorter period (not to be less than four months), the data that paragraph (m)(1)(iii), 

requires shall have been gathered over at least that shorter period. 

 (c) If the monitoring data would relate exclusively to ozone and would not have been required under 

40 CFR 52.21 as in effect on June 19, 1978, the Department may waive the otherwise applicable requirements 

of this paragraph (v) to the extent that the applicant shows that the monitoring data would be unrepresentative 

of air quality over a full year. 

 (vi) The owner or operator of a proposed stationary source or modification of volatile organic 

compounds who satisfies all conditions of 40 CFR 51 Appendix S, section IV may provide post-approval 

monitoring data for ozone in lieu of providing preconstruction data as required under paragraph (m)(1). 

 (vii) For any application that becomes complete, except as to the requirements of paragraphs (m)(1)(iii) 

and (iv) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989 the data that paragraph 

(m)(1)(iii) requires shall have been gathered over at least the period from August 1, 1988 to the date the 

application becomes otherwise complete, except that if the Department determines that a complete and 

adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 

months), the data that paragraph (m)(1)(iii) requires shall have been gathered over that shorter period. 

 (viii) With respect to any requirements for air quality monitoring of PM10 under paragraphs (i)(11)(i) and 

(ii) the owner or operator of the source or modification shall use a monitoring method approved by the 

Department and shall estimate the ambient concentrations of PM10 using the data collected by such approved 

monitoring method in accordance with estimating procedures approved by the Department. 

 (2) Post-construction monitoring. The owner or operator of a major stationary source or major modification 

shall, after construction of the stationary source or modification, conduct such ambient monitoring as the 

Department determines is necessary to determine the effect emissions from the stationary source or 

modification may have, or are having, on air quality in any area. 

 (3) Operations of monitoring stations. The owner or operator of a major stationary source or major 

modification shall meet the requirements of Appendix B to 40 CFR 58 of during the operation of monitoring 

stations for purposes of satisfying paragraph (m). 
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(n) Source information. 

 The owner or operator of a proposed source or modification shall submit all information necessary to 

perform any analysis or make any determination required under this section. 

 (1) With respect to a source or modification to which paragraphs (j), (l), (n) and (p) apply, such information 

shall include: 

 (i) A description of the nature, location, design capacity, and typical operating schedule of the source or 

modification, including specifications and drawings showing its design and plant layout; 

 (ii) A detailed schedule for construction of the source or modification; 

 (iii) A detailed description as to what system of continuous emission reduction is planned for the source 

or modification, emission estimates, and any other information necessary to determine that best available 

control technology would be applied. 

 (2) Upon request of the Department, the owner or operator shall also provide information on: 

 (i) The air quality impact of the source or modification, including meteorological and topographical data 

necessary to estimate such impact; and 

 (ii) The air quality impacts, and the nature and extent of any or all general commercial, residential, 

industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification 

would affect. 

(o) Additional impact analyses. 

 (1) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that 

would occur as a result of the source or modification and general commercial, residential, industrial and other 

growth associated with the source or modification. The owner or operator need not provide an analysis of the 

impact on vegetation having no significant commercial or recreational value. 

 (2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a 

result of general commercial, residential, industrial and other growth associated with the source or 

modification. 

 (3) Visibility monitoring. The Department may require monitoring of visibility in any Federal class I area 

near the proposed new stationary source for major modification for such purposes and by such means as the 

Administrator deems necessary and appropriate. 

(p) Sources impacting Federal Class I areas--additional requirements-- 

 (1) Notice to Federal land managers. The Department shall provide written notice of any permit application 

for a proposed major stationary source or major modification, the emissions from which may affect a Class I 

area, to the Federal land manager and the Federal official charged with direct responsibility for management 

of any lands within any such area. Such notification shall include a copy of all information relevant to the 

permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing 

on the application for a permit to construct. Such notification shall include an analysis of the proposed 

source's anticipated impacts on visibility in the Federal Class I area. The Department shall also provide the 
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Federal land manager and such Federal officials with a copy of the preliminary determination required under 

paragraph (q), and shall make available to them any materials used in making that determination, promptly 

after the Department makes such determination. Finally, the Department shall also notify all affected Federal 

land managers within 30 days of receipt of any advance notification of any such permit application. 

 (2) Federal Land Manager. The Federal Land Manager and the Federal official charged with direct 

responsibility for management of such lands have an affirmative responsibility to protect the air quality 

related values (including visibility) of such lands and to consider, in consultation with the Department, 

whether a proposed source or modification will have an adverse impact on such values. 

 (3) Visibility analysis. The Department shall consider any analysis performed by the Federal land manager, 

provided within 30 days of the notification required by paragraph (p)(1), that shows that a proposed new 

major stationary source or major modification may have an adverse impact on visibility in any Federal Class I 

area. Where the Department finds that such an analysis does not demonstrate to the satisfaction of the 

Department that an adverse impact on visibility will result in the Federal Class I area, the Department must, in 

the notice of public hearing on the permit application, either explain its decision or give notice as to where the 

explanation can be obtained. 

 (4) Denial--impact on air quality related values. The Federal Land Manager of any such lands may 

demonstrate to the Department that the emissions from a proposed source or modification would have an 

adverse impact on the air quality-related values (including visibility) of those lands, notwithstanding that the 

change in air quality resulting from emissions from such source or modification would not cause or contribute 

to concentrations which would exceed the maximum allowable increases for a Class I area. If the Department 

concurs with such demonstration, then the permit shall not be issued. 

 (5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the 

Federal Land Manager that the emissions from such source or modification would have no adverse impact on 

the air quality related values of any such lands (including visibility), notwithstanding that the change in air 

quality resulting from emissions from such source or modification would cause or contribute to 

concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal Land 

Manager concurs with such demonstration and so certifies, the State may authorize the Administrator: 

Provided, That the applicable requirements of this regulation are otherwise met, to issue the permit with such 

emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter, and 

nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline 

concentration for such pollutants: 

Pollutant Maximum Allowable Increase 

(micrograms per cubic meter) 

PM10, annual arithmetic mean 17 Particulate matter: PM10, 24-hr maximum 30 

annual arithmetic mean 20 

Sulfur dioxide: 24-hr maximum 91 

3-hr maximum 325 

Nitrogen dioxide: annual arithmetic mean 25 

 

(6) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator of 

a proposed source or modification which cannot be approved under paragraph (q)(4) may demonstrate to the 

Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur 

dioxide for a period of twenty-four hours or less applicable to any Class I area and, in the case of Federal 

mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related 
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values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's 

recommendation (if any) and concurrence, may, after notice and public hearing, grant a variance from such 

maximum allowable increase. If such variance is granted, the Department shall issue a permit to such source 

or modification pursuant to the requirements of paragraph (q)(7): Provided, that the applicable requirements 

of this regulation are otherwise met. 

 (7) Variance by the Governor with the President's concurrence. In any case where the Governor 

recommends a variance in which the Federal Land Manager does not concur, the recommendations of the 

Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the 

Governor's recommendation if it is found that the variance is in the national interest. If the variance is 

approved, the Department shall issue a permit pursuant to the requirements of paragraph (q)(7): Provided, that 

the applicable requirements of this regulation are otherwise met. 

 (8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant 

to paragraph (q)(5) or (6) the source or modification shall comply with such emission limitations as may be 

necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any 

day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to 

concentrations which would exceed the following maximum allowable increases over the baseline 

concentration and to assure that such emissions would not cause or contribute to concentrations which exceed 

the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more 

than 18 days, not necessarily consecutive, during any annual period: 

MAXIMUM ALLOWABLE INCREASE 

(Micrograms per cubic meter) 

Terrain Areas Period of exposure Low High 

24-hr maximum 36 62 

3-hr maximum 130 221 

 (q) Public participation. 

 (1) Within 30 days after receipt of an application to construct, or any addition to such application, the 

Department shall advise the applicant of any deficiency in the application or in the information submitted and 

transmit a copy of such application to EPA. In the event of such a deficiency, the date of receipt of the 

application shall be, for the purpose of this regulation, the date on which the Department received all required 

information. 

 (2) In accordance with Regulation 61-30, Environmental Protection Fees, the Department shall make a 

final determination on the application. This involves performing the following actions in a timely manner: 

 (i) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

 (ii) Make available in at least one location in each region in which the proposed plant or modification 

would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination 

and a copy or summary of other materials, if any, considered in making the preliminary determination. 

 (iii) Notify the public, by advertisement in a newspaper of general circulation in each region in which the 

proposed plant or modification would be constructed, of the application, the preliminary determination, the 

degree of increment consumption that is expected from the plant or modification, and the opportunity for 
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comment at a public hearing as well as written public comment. 

 (iv) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to 

officials and agencies having cognizance over the location where the proposed construction would occur as 

follows: The chief executives of the city and county where the plant or modification would be located, any 

comprehensive regional land use planning agency and any State, Federal Land Manager, or Indian Governing 

Body whose lands may be affected by emissions from the plant or modification. 

 (v) Provide opportunity for a public hearing for interested persons to appear and submit written or oral 

comments on the air quality impact of the plant or modification, alternatives to the plant or modification, the 

control technology required, and other appropriate considerations. 

 (vi) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. No later than 10 days after the close of the public comment period, the applicant may submit a 

written response to any comments submitted by the public. The Department shall consider the applicant’s 

response in making a final decision. The Department shall make all comments available for public inspection 

in the same locations where the Department made available preconstruction information relating to the 

proposed plant or modification. 

 (vii) Make a final determination whether construction should be approved, approved with conditions, or 

disapproved pursuant to this section. 

 (viii) Notify the applicant in writing of the final determination and make such notification available for 

public inspection at the same location where the Department made available preconstruction information and 

public comments relating to the plant or modification. 

 (ix) Notify EPA of every action related to the consideration of the permit. 

 (3) The requirements of Section (q), Public Participation, of this standard shall not apply to any major plant 

or major modification which Section (i), Review of Major Stationary Sources and Major Modifications, 

would exempt from the requirements of Sections (k), (m), and (o), but only to the extent that, with respect to 

each of the criteria for construction approval under the South Carolina State Implementation Plan and for 

exemption under Section (i), requirements providing the public with at least as much participation in each 

material determination as those of Section (q) have been met in the granting of such construction approval. 

(r) Source obligation. In addition to all other applicable requirements specified in this regulation, the owner 

or operator shall comply with the requirements of paragraphs (r)(1) through (r)(8). 

 (1) Any owner or operator who constructs or operates a source or modification not in accordance with the 

application submitted pursuant to this section or with the terms of any approval to construct, or any owner or 

operator of a source or modification subject to this section who commences construction after the effective 

date of these regulations without applying for and receiving approval hereunder, shall be subject to 

appropriate enforcement action. 

 (2) Approval to construct shall become invalid if construction is not commenced within 18 months after 

receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction 

is not completed within a reasonable time. The Department may extend the 18-month period upon a 

satisfactory showing that an extension is justified. This provision does not apply to the time period between 

construction of the approved phases of a phased construction project; each phase must commence 

construction within 18 months of the projected and approved commencement date. 
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 (3) 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. 

 (4) 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 enforceable 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 or paragraphs (j) through (s) shall apply to the source or 

modification as though construction had not yet commenced on the source or modification. 

 (5) Reserved 

 (6) Monitoring, recordkeeping and reporting. The provisions of this paragraph (r)(6) apply to 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 and the owner or operator elects to use the method specified in 

paragraphs (b)(41)(ii)(a) through (c) for calculating projected actual emissions. 

 (i) If the project requires construction permitting under Regulation 61-62.1, Section II “Permit 

Requirements”, the owner or operator shall provide a copy of the information set out in paragraph (r)(6)(ii) as 

part of the permit application to the Department. If construction permitting under Regulation 61-62.1, Section 

II “Permit Requirements” is not required, the owner or operator shall maintain the information set out in 

paragraph (r)(6)(ii). 

 (ii) 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 (b)(41)(ii)(c) and an explanation for why such amount was 

excluded, and any netting calculations, if applicable. 

 (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 (r)(6)(ii)(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) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the Department within 60 days after the end of each year during which records must be generated 

under paragraph (r)(6)(iii) setting out the unit's annual emissions during the calendar year that preceded 

submission of the report. 

 (v) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator 
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shall submit a report to the Department if the annual emissions, in tons per year, from the project identified in 

paragraph (r)(6)(ii), exceed the baseline actual emissions (as documented and maintained pursuant to 

paragraph (r)(6)(ii)(c)), by a significant amount (as defined in paragraph (b)(49)) for that regulated NSR 

pollutant, and if such emissions differ from the preconstruction projection as documented and maintained 

pursuant to paragraph (r)(6)(ii)(c). Such report shall be submitted to the Department 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); and 

 (c) Any other information needed to make a compliance determination (e.g., an explanation as to why 

the emissions differ from the preconstruction projection). 

 (7) If a project at a source with a PAL requires construction permitting under Regulation 61-62.1, Section 

II, “Permit Requirements”, the owner or operator shall provide notification of source status as part of the 

permit application to the Department. 

 (8) The owner or operator of the source shall make the information required to be documented and 

maintained pursuant to paragraph (r)(6) available for review upon a request for inspection by the Department 

or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 

(s) through (u)(3) - Reserved. 

(u)(4) In the case of a source or modification which proposes to construct in a class III area, emissions from 

which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the 

area were designated a class II area, and where no standard under section 111 of the act has been promulgated 

for such source category, the Administrator must approve the determination of best available control 

technology as set forth in the permit. 

(v) Innovative control technology. 

 (1) An owner or operator of a proposed major stationary source or major modification may request the 

Department in writing no later than the close of the comment period under 40 CFR 124.10 to approve a 

system of innovative control technology. 

 (2) The Department shall, with the consent of the governor(s) of the affected state(s), determine that the 

source or modification may employ a system of innovative control technology, if:-- 

 (i) The proposed control system would not cause or contribute to an unreasonable risk to public health, 

welfare, or safety in its operation or function; 

 (ii) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that 

which would have been required under paragraph (j)(2), by a date specified by the Department. Such date 

shall not be later than 4 years from the time of startup or 7 years from permit issuance; 

 (iii) The source or modification would meet the requirements of paragraphs (j) and (k), based on the 

emissions rate that the stationary source employing the system of innovative control technology would be 

required to meet on the date specified by the Department; 

 (iv) The source or modification would not before the date specified by the Department: 
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 (a) Cause or contribute to a violation of an applicable national ambient air quality standard; or 

 (b) Impact any area where an applicable increment is known to be violated; and 

 (v) All other applicable requirements including those for public participation have been met. 

 (vi) The provisions of paragraph (p) (relating to Class I areas) have been satisfied with respect to all 

periods during the life of the source or modification. 

 (3) The Department shall withdraw any approval to employ a system of innovative control technology 

made under this section, if: 

 (i) The proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

 (ii) The proposed system fails before the specified date so as to contribute to an unreasonable risk to 

public health, welfare, or safety; or 

 (iii) The Department decides at any time that the proposed system is unlikely to achieve the required 

level of control or to protect the public health, welfare, or safety. 

 (4) If a source or modification fails to meet the required level of continuous emission reduction within the 

specified time period or the approval is withdrawn in accordance with paragraph (v)(3), the Department may 

allow the source or modification up to an additional 3 years to meet the requirement for the application of best 

available control technology through use of a demonstrated system of control. 

(w) Permit rescission. 

 (1) Any permit issued under this section or a prior version of this regulation shall remain in effect, unless 

and until it expires under paragraph (s) or is rescinded. 

 (2) Any owner or operator of a stationary source or modification who holds a permit for the source or 

modification which was issued under 40 CFR 52.21 as in effect on July 30, 1987, or any earlier version of this 

regulation, may request that the Administrator rescind the permit or a particular portion of the permit. 

 (3) The Department shall grant an application for rescission if the application shows that this section would 

not apply to the source or modification. 

 (4) If the Department rescinds a permit under this paragraph, the public shall be given adequate notice of 

the rescission. Publication of an announcement of rescission in a newspaper of general circulation in the 

affected region within 60 days of the rescission shall be considered adequate notice. 

(x) [Reserved]

(y) [Reserved]

(z) [Reserved]

(aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15) govern actuals PALs. 
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 (1) Applicability. 

 (i) The Department may approve the use of an actuals PAL for any existing major stationary source if the 

PAL meets the requirements in paragraphs (aa)(1) through (15). The term "PAL" shall mean "actuals PAL" 

throughout paragraph (aa). 

 (ii) 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 (aa)(1) 

through (15), and complies with the PAL permit: 

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

 (b) Does not have to be approved through Regulation 61-62.5, Standard 7, Prevention of Significant 

Deterioration. However, will be reviewed through R. 61-62.1, Section II A. Permit Requirements; and 

 (c) Is not subject to the provisions in paragraph (r)(4) (restrictions on relaxing enforceable emission 

limitations that the major stationary source used to avoid applicability of the major NSR program). 

 (iii) Except as provided under paragraph (aa)(1)(ii)(c), a major stationary source shall continue to comply 

with all applicable Federal or State requirements, emission limitations, and work practice requirements that 

were established prior to the effective date of the PAL. 

 (2) Definitions. The definitions in paragraphs (aa)(2)(i) through (xi) shall apply to actual PALs consistent 

with paragraphs (aa)(1) through (15). When a term is not defined in these paragraphs, it shall have the 

meaning given in paragraph (b) or in the Clean Air Act. 

 (i) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as 

defined in paragraph (b)(4)) of all emissions units (as defined in paragraph (b)(20)) at the source, that emit or 

have the potential to emit the PAL pollutant. 

 (ii) “Allowable emissions” means "allowable emissions" as defined in paragraph (b)(3), except as this 

definition is modified according to paragraphs (aa)(2)(ii)(a) and (b). 

 (a) The allowable emissions for any emissions unit shall be calculated considering any emission 

limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

 (b) An emissions unit's potential to emit shall be determined using the definition in paragraph (b)(37), 

except that the words "or enforceable as a practical matter" should be added after "federally enforceable." 

 (iii) “Small emissions unit” means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as defined in paragraph (b)(49) or 

in the Clean Air Act, whichever is lower. 

 (iv) “Major emissions unit” means: 

 (a) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL 

pollutant in an attainment area; or 

 (b) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is 

equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for 

nonattainment areas. For example, in accordance with the definition of major stationary source in section 
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182(c) of the Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions unit 

is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of 

VOC per year. 

 (v) “Plantwide applicability limitation (PAL)” means an emission limitation expressed in tons per 

year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established 

source-wide in accordance with paragraphs (aa)(1) through (15). 

 (vi) “PAL effective date” generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

 (vii) “PAL effective period” means the period beginning with the PAL effective date and ending 10 

years later. 

 (viii) “PAL major modification” means, notwithstanding paragraphs (b)(30) and (b)(34) (the 

definitions for major modification and net emissions increase), any physical change in or change in the 

method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater 

than the PAL. 

 (ix) “PAL permit” means the major NSR permit, the minor NSR permit, or the State operating permit 

under Regulation 61-62.1, Section II G, or the title V permit issued by the Department that establishes a PAL 

for a major stationary source. 

 (x) “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source. 

 (xi) “Significant emissions unit” means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph (b)(49) or 

in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify 

the unit as a major emissions unit as defined in paragraph (aa)(2)(iv). 

 (3) Permit application requirements. As part of a permit application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information to the Department for approval: 

 (i) A list of all emissions units at the source 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, emission limitations, 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 malfunctions. 

 (iii) The calculation procedures that the major stationary source owner or operator proposes to use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling 

total for each month as required by paragraph (aa)(13)(i). 

 (4) General requirements for establishing PALs. 

 (i) The Department is allowed to establish a PAL at a major stationary source, provided that at a 

minimum, the requirements in paragraphs (aa)(4)(i)(a) through (g) are met. 
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 (a) The PAL shall impose an annual emission limitation 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 first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the 

sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive 

months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months 

from the PAL effective date, the major stationary source owner or operator shall show that the sum of the 

preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than 

the PAL. 

 (b) The PAL shall be established in a PAL permit that meets the public participation requirements in 

paragraph (aa)(5). 

 (c) The PAL permit shall contain all the requirements of paragraph (aa)(7). 

 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that 

emit or have the potential to emit the PAL pollutant at the major stationary source. 

 (e) Each PAL shall regulate emissions of only one pollutant. 

 (f) Each PAL shall have a PAL effective period of 10 years. 

 (g) The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in paragraphs (aa)(12) through (14) for each 

emissions unit under the PAL through the PAL effective period. 

 (ii) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that 

occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 

51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

 (5) Public participation requirements for PALs. PALs for existing major stationary sources shall be 

established, renewed, or increased through a procedure that is consistent with section (q) “Public 

Participation” of this regulation. The Department must address all material comments before taking final 

action on the permit. 

 (6) Setting the 10-year actuals PAL level.

 (i) Except as provided in paragraph (aa)(6)(ii), the actuals PAL level for a major stationary source shall 

be established as the sum of the baseline actual emissions (as defined in paragraph (b)(4)) of the PAL 

pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the 

PAL pollutant under paragraph (b)(49) or under the Clean Air Act, whichever is lower. When establishing the 

actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the 

baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period 

may be used for each different PAL pollutant. Emissions associated with units that were permanently shut 

down after this 24-month period must be subtracted from the PAL level. The Department shall specify a 

reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of 

any applicable Federal or State regulatory requirement(s) that the Department is aware of prior to the issuance 

of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from 

industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the 

permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the 
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original baseline emissions of such unit(s). 

 (ii) Emissions from units (which do not include modification to existing units) on which operation began 

less than 24-months prior to the date of the PAL permit application must be added to the PAL level in an 

amount equal to the potential to emit of the units. 

 (7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information in 

paragraphs (aa)(7)(i) through (x). 

 (i) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

 (ii) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

 (iii) Specification in the PAL permit that if a major stationary source owner or operator applies to renew 

a PAL in accordance with paragraph (aa)(10) before the end of the PAL effective period, then the PAL shall 

not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued 

by the Department. 

 (iv) A requirement that emission calculations for compliance purposes must include emissions from 

startups, shutdowns, and malfunctions. 

 (v) A requirement that, once the PAL expires, the major stationary source is subject to the requirements 

of paragraph (aa)(9). 

 (vi) The calculation procedures that the major stationary source owner or operator shall use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as 

required by paragraph (aa)(13)(i). 

 (vii) A requirement that the major stationary source owner or operator monitor all emissions units in 

accordance with the provisions under paragraph (aa)(12). 

 (viii) A requirement to retain the records required under paragraph (aa)(13) on site. Such records may be 

retained in an electronic format. 

 (ix) A requirement to submit the reports required under paragraph (aa)(14) by the required deadlines. 

 (x) Any other requirements that the Department deems necessary to implement and enforce the PAL. 

 (8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs (aa)(8)(i) 

and (ii) apply to actuals PALs. 

 (i) PAL effective period. The Department shall specify a PAL effective period of 10 years. 

 (ii) Reopening of the PAL permit. 

 (a) During the PAL effective period, the Department must reopen the PAL permit to: 

 (1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate 

determination of emissions used to establish the PAL; 

 (2) Reduce the PAL if the owner or operator of the major stationary source creates creditable 
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emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and 

 (3) Revise the PAL to reflect an increase in the PAL as provided under paragraph (aa)(11). 

 (b) The Department shall have discretion to reopen the PAL permit for the following: 

 (1) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with 

compliance dates after the PAL effective date; 

 (2) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, 

and that the State may impose on the major stationary source under the State Implementation Plan; and 

 (3) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or 

contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value 

that has been identified for a Federal Class I area by a Federal Land Manager and for which information is 

available to the general public. 

 (c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1) for the correction of 

typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in 

accordance with the public participation requirements of paragraph (aa)(5). 

 (9) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in paragraph 

(aa)(10) shall expire at the end of the PAL effective period, and the requirements in paragraphs (aa)(9)(i) 

through (v) shall apply. 

 (i) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with 

an allowable emission limitation under a revised permit established according to the procedures in paragraphs 

(aa)(9)(i)(a) and (b). 

 (a) Within the time frame specified for PAL renewals in paragraph (aa)(10)(ii), the major stationary 

source shall submit a proposed allowable emission limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as decided by the Department) by distributing the 

PAL allowable emissions for the major stationary source among each of the emissions units that existed under 

the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the 

PAL effective period, as required under paragraph (aa)(10)(v), such distribution shall be made as if the PAL 

had been adjusted. 

 (b) The Department shall decide whether and how the PAL allowable emissions will be distributed and 

issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions 

units, as the Department determines is appropriate. 

 (ii) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 

basis. The Department may approve the use of monitoring systems (source testing, emission factors, etc.) 

other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission 

limitation. 

 (iii) Until the Department issues the revised permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as required under paragraph (aa)(9)(i)(b), the source shall continue to 

comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 

 (iv) Any physical change or change in the method of operation at the major stationary source will be 
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subject to major NSR requirements if such change meets the definition of major modification in paragraph 

(b)(30). 

 (v) The major stationary source owner or operator shall continue to comply with any State or Federal 

applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had been established 

pursuant to paragraph (r)(4), but were eliminated by the PAL in accordance with the provisions in paragraph 

(aa)(1)(ii)(c). 

 (10) Renewal of a PAL. 

 (i) The Department shall follow the procedures specified in paragraph (aa)(5) in approving any request to 

renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written 

rationale for the proposed PAL level to the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by the Department. 

 (ii) Application deadline. A major stationary source owner or operator shall submit a timely application 

to the Department to request renewal of a PAL. A timely application is one that is submitted at least 6 months 

prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of 

a major stationary source submits a complete application to renew the PAL within this time period, then the 

PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

 (iii) Application requirements. The application to renew a PAL permit shall contain the information 

required in paragraphs (aa)(10)(iii)(a) through (d). 

 (a) The information required in paragraphs (aa)(3)(i) through (iii). 

 (b) A proposed PAL level. 

 (c) The sum of the potential to emit of all emissions units under the PAL (with supporting 

documentation). 

 (d) Any other information the owner or operator wishes the Department to consider in determining the 

appropriate level for renewing the PAL. 

 (iv) PAL adjustment. In determining whether and how to adjust the PAL, the Department shall consider 

the options outlined in paragraphs (aa)(10)(iv)(a) and (b). However, in no case may any such adjustment fail 

to comply with paragraph (aa)(10)(iv)(c). 

 (a) If the emissions level calculated in accordance with paragraph (aa)(6) is equal to or greater than 80 

percent of the PAL level, the Department may renew the PAL at the same level without considering the 

factors set forth in paragraph (aa)(10)(iv)(b); or 

 (b) The Department may set the PAL at a level that it determines to be more representative of the 

source's baseline actual emissions, or that it determines to be more appropriate considering air quality needs, 

advances in control technology, anticipated economic growth in the area, desire to reward or encourage the 

source's voluntary emissions reductions, or other factors as specifically identified by the Department in its 

written rationale. 

 (c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b): 
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 (1) If the potential to emit of the major stationary source is less than the PAL, the Department shall 

adjust the PAL to a level no greater than the potential to emit of the source; and 

 (2) The Department shall not approve a renewed PAL level higher than the current PAL, unless the 

major stationary source has complied with the provisions of paragraph (aa)(11) (increasing a PAL). 

 (v) If the compliance date for a State or Federal requirement that applies to the PAL source occurs during 

the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall 

be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 

 (11) Increasing a PAL during the PAL effective period. 

 (i) The Department may increase a PAL emission limitation only if the major stationary source complies 

with the provisions in paragraphs (aa)(11)(i)(a) through (d). 

 (a) The owner or operator of the major stationary source shall submit a complete application to request 

an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal 

or exceed its PAL. 

 (b) As part of this application, the major stationary source owner or operator shall demonstrate that the 

sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, 

plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level 

of control that would result from BACT equivalent controls on each significant or major emissions unit shall 

be determined by conducting a new BACT analysis at the time the application is submitted, unless the 

emissions unit is currently required to comply with a BACT or LAER requirement that was established within 

the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the 

level of BACT or LAER with which that emissions unit must currently comply. 

 (c) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph 

(aa)(11)(i)(a), regardless of the magnitude of the emissions increase resulting from them (that is, no 

significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting 

from the major NSR process (for example, BACT), even though they have also become subject to the PAL or 

continue to be subject to the PAL. 

 (d) The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL 

pollutant. 

 (ii) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified 

or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

units (assuming application of BACT equivalent controls as determined in accordance with paragraph 

(aa)(11)(i)(b)), plus the sum of the baseline actual emissions of the small emissions units. 

 (iii) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of paragraph (aa)(5). 

 (12) Monitoring requirements for PALs. (i) General requirements. (a) Each PAL permit must contain 

enforceable requirements for the monitoring system that accurately determines plantwide emissions of the 
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PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit 

must be based on sound science and meet generally acceptable scientific procedures for data quality and 

manipulation. Additionally, the information generated by such system must meet minimum legal 

requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

 (b) The PAL monitoring system must employ one or more of the four general monitoring approaches 

meeting the minimum requirements set forth in paragraphs (aa)(12)(ii)(a) through (d) and must be approved 

by the Department. 

 (c) Notwithstanding paragraph (aa)(12)(i)(b), the owner or operator may also employ an alternative 

monitoring approach that meets paragraph (aa)(12)(i)(a) if approved by the Department. 

 (d) Failure to use a monitoring system that meets the requirements of this regulation renders the PAL 

invalid. 

 (ii) Minimum performance requirements for approved monitoring approaches. The following are 

acceptable general monitoring approaches when conducted in accordance with the minimum requirements in 

paragraphs (aa)(12)(iii) through (ix): 

 (a) Mass balance calculations for activities using coatings or solvents; 

 (b) CEMS; 

 (c) CPMS or PEMS; and 

 (d) Emission factors. 

 (iii) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the following requirements: 

 (a) Provide a demonstrated means of validating the published content of the PAL pollutant that is 

contained in or created by all materials used in or at the emissions unit; 

 (b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any 

raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and 

 (c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range 

of pollutant content from such material, the owner or operator must use the highest value of the range to 

calculate the PAL pollutant emissions unless the Department determines there is site-specific data or a sitespecific monitoring program to support another content within the range. 

 (iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

 (a) CEMS must comply with applicable Performance Specifications found in 40 CFR 60, appendix B; 

and 

 (b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is 

operating. 

 (v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions 
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shall meet the following requirements: 

 (a) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation 

between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the 

emissions unit; and 

 (b) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the Department, while the emissions unit is operating. 

 (vi) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions 

shall meet the following requirements: 

 (a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or 

limitations in the factors' development; 

 (b) The emissions unit shall operate within the designated range of use for the emission factor, if 

applicable; and 

 (c) If technically practicable, the owner or operator of a significant emissions unit that relies on an 

emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a sitespecific emission factor within 6 months of PAL permit issuance, unless the Department determines that 

testing is not required. 

 (vii) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any 

period of time that there is no monitoring data, unless another method for determining emissions during such 

periods is specified in the PAL permit. 

 (viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) through (vii), where an owner or 

operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of 

permit issuance: 

 (a) Establish default value(s) for determining compliance with the PAL based on the highest potential 

emissions reasonably estimated at such operating point(s); or 

 (b) Determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

 (ix) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance 

testing or other scientifically valid means approved by the Department. Such testing must occur at least once 

every 5 years after issuance of the PAL. 

 (13) Recordkeeping requirements. (i) The PAL permit shall require an owner or operator to retain a copy 

of all records necessary to determine compliance with any requirement of paragraph (aa) and of the PAL, 

including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date 

of such record. 

 (ii) The PAL permit shall require an owner or operator to retain a copy of the following records for the 

duration of the PAL effective period plus 5 years: 
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 (a) A copy of the PAL permit application and any applications for revisions to the PAL; and 

 (b) Each annual certification of compliance pursuant to title V and the data relied on in certifying the 

compliance. 

 (14) Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the Department in accordance with the applicable title V 

operating permit program. The reports shall meet the requirements in paragraphs (aa)(14)(i) through (iii). 

 (i) Semi-annual report. The semi-annual report shall be submitted to the Department within 30 days of 

the end of each reporting period. This report shall contain the information required in paragraphs 

(aa)(14)(i)(a) through (g). 

 (a) The identification of owner and operator and the permit number. 

 (b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the 

reporting period recorded pursuant to paragraph (aa)(13)(i). 

 (c) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, 

in calculating the monthly and annual PAL pollutant emissions. 

 (d) A list of any emissions units modified or added to the major stationary source during the preceding 

6-month period. 

 (e) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time 

associated with zero and span calibration checks), and any corrective action taken. 

 (f) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or 

temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether the emissions unit monitored by the 

monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by (aa)(12)(vii). 

 (g) A signed statement by the responsible official (as defined by the applicable title V operating permit 

program) certifying the truth, accuracy, and completeness of the information provided in the report. 

 (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 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation 

reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 

70.6(a)(3)(iii)(B). The reports shall contain the following information: 

 (a) The identification of owner and operator and the permit number; 

 (b) The PAL requirement that experienced the deviation or that was exceeded; 

 (c) Emissions resulting from the deviation or the exceedance; and 

 (d) A signed statement by the responsible official (as defined by the applicable title V operating permit 

program) certifying the truth, accuracy, and completeness of the information provided in the report. 
S.C. DHEC NSR Revisions Parallel Processing Request, December 2, 2010                                                            Page   44  

Clean copy version: R. 61‐62.5, Standard 7

Proposed effective date: February 25, 2011                            

 (iii) Re-validation results. The owner or operator shall submit to the Department the results of any revalidation test or method within 3 months after completion of such test or method. 

 (15) Transition requirements. 

 (i) The Department may not issue a PAL that does not comply with the requirements in paragraphs 

(aa)(1) through (15) after the date these provisions become effective. 

 (ii) The Department may supersede any PAL that was established prior to the date these provisions 

become effective with a PAL that complies with the requirements of paragraphs (aa)(1) through (15). 

(bb) If any provision of this regulation, or the application of such provision to any person or circumstance, is 

held invalid, the remainder of this regulation, or the application of such provision to persons or circumstances 

other than those as to which it is held invalid, shall not be affected thereby. 

R. 61-62.5, Standard No. 7 History - South Carolina State Register:

 Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; 

 Vol. 9, Issue No. 5, (Doc. No. 577), May 24, 1985; 

 Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; 

 Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 1988; 

 Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1989; 

 Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; 

 Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 1992; 

 Vol. 18, Issue No. 11, (Doc. No. 1799), November 25, 1994; 

 Vol. 20, Issue No. 4, (Doc. No. 1926), April 26, 1996; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001; 

 Vol. 29, Issue No. 6. (Doc. No. 2943), June 24, 2005; 

 Vol. 33, Issue No. 4, (Doc. No. 4056), April 24, 2009.