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OAR Box 1790 

Prepped by Keeia Richards 

Document Number: 

249) ll-F-39 

Docket Number: 

A-90-37 

Printed 10/31/2008 12:43:17 PM Sheet 249 of 250 
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A-90-37 

ir - F- ss 

For the reasons set forth in the preamble, part 51 of 

chapter I of title 4 0 of the Code of Federal Regulations is 

amended as follows: 

P£_IT 51-REQUIREMENTS FOR PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION PLANS 

1. The authority citation for part 51 is revised to 

read as follows: 

Authority: 42 U.S.C. sections 7401-7671q. 

2. Section 51.165 is amended as follows: 

a. Amending paragraph (a)(1)(v)(C)(6) introductory 

text by inserting adding the words "standing alone,:" after 

the words "ahall not include at the beginning- of th& 

sentence; 

b. Deleting (a)(1)(v)(C)(£)(i) and (ii), and revising 

(a) (1) (v) (C) (8) ; 

c. Adding new paragraphs (a) (1) (v) (C) (.10,) and (11.) ; 

d. Revising paragraph (a) (1) (vi) (E) (4.) ; 

e. Revising paragraph (a)(1)(xii)(B); 

f. Amending paragraph (a)(1)(xii)(C) by replacing the 

word "reviewing" to read "permitting"; 

_. Adding a new (a)(1)(xii)(F>; 

g. Amending paragraph (a)(l)(xxii) by replacing the 

word "it" to read "the project"; 

h. Revising paragraph (a)(1)(xxv) introductory text 

and (a) (1) (xxv) (A) ; 

i. Deleting paragraph (a)(1)(xxv)(B) and redesignating 

paragraph (a)(1)(xxv)(C) and (D) as newly redesignated 

paragraph (a)(1)(xxv)(B) and (C); 

j. Adding new paragraphs (a)(1)(xxvi) through (xxxi); 

k. Redesignating paragraph (a)(2) as (a)(2)(i); 

1. Adding new paragraph (a)(2)(ii); 

m. Adding new paragraphs (a)(6) through (9). 

Section 51.165 Permit requirements. 

(a) * * * unif .ftop z n vrr 

(D * * * 

(v) * * * 

(C) * * * 

(8.) The addition, replacement or use of a pollution 

control project at an existing emissions unit unless the 

pollution control project will result in a significant net 

increase in representative actual annual emissions of any 

pollutant regulated under the Act and the permitting 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** September 18, 1995 -- [filename 51165.918] *** 
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condition in a permit issued under regulations approved 

pursuant to section 51.160 through 51.166 of this part or a 

permit issued "under section 52.21 of this chapter; and 

(ii) The entire major stationary source was permitted, 

and received the currently applicable emission limits for 

all emissions units at the entire source issued under this 

section, or regulations approved pursuant to section 51.166 

of this part or section 52.21 of this chapter no more than 

120 consecutive months prior to the proposed activity. 

(Vi) * * * 

(E) * * * 

(4.) It has approximately the same qualitative 

significance for public health and welfare as that 

attributed to the increase from the particular change 

such that, at a minimum, the decrease is sufficient to 

prevent the proposed increase from causing or contributing 

to a violation of any national ambient air quality standard 

or having an adverse impact on visibility in accordance with 

the definition at section 51.301(a) of this part. 

(xii)(A) * * * 

(B) Actual emissions shall be calculated using the 

unit's actual operating hours, production rates, and types 

of materials processed, stored, or combusted for any 12 

consecutive months during the 120 consecutive months that 

precede the commencement of construction of a proposed 

physical or operational change at the source and any 

current, federally enforceable limitations on emissions 

required by the Act, including, but not limited to, best 

available control technology, lowest achievable emission 

rate, reasonably available control technology or maximum 

achievable control technology. 

(F) In lieu of paragraphs (&) and (E) of this section, 

the plan may provide that for nay emissiona utiitx actual' 

emissions of the unit following a physical or operational 

change shall equal the representative actual aa&ual 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** September 18, 1995 -- [filename 51165.918] *** 
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emissions of the unit, provided the source owner or operator 

maintains and submits to the reviewing authority, on at* 

annual basis for a period of 5 years from the date the unit 

resumes regular operation, information demonstrating t&afc 

the physical or operational change did not result in an 

emissions increase. A longer period/ not to exceed. IQ ye&ra* 

may be required by the reviewing authority if it determines " 

auch a period to be more representative of normal source' 

post-change operations, * 

(xxv) Pollution control proiect means: 

(A) Any activity or project undertaken at an existing 

emissions unit which, as its primary purpose, reduces 

emissions of air pollutants from such unit. Such activities 

or projects do not include the replacement of an existing 

emissions unit with a newer or different unit or the 

reconstruction of an existing emissions unit and are limited 

to any of the following: 

(1) The installation of conventional and advanced flue 

gas desulfurization and sorbent injection for S02; 

(2.) Electrostatic precipitators, baghouses, high 

efficiency multiclones, and scrubbers for particulate or . 

other pollutants; 

(3.) Flue gas recirculation, low-NOx burners, selective 

non-catalytic reduction and selective catalytic reduction 

for N0X; 

(4.) Regenerative thermal oxidizers, catalytic 

oxidizers, condensers, thermal incinerators, flares and 

carbon absorbers for volatile organic compounds and 

hazardous air pollutants; 

(5>) Activities or projects undertaken to accommodate 

switching to an inherently less polluting fuel, including 

but not limited to natural gas or coal reburning, or the 

cofiring of natural gas and other inherently less polluting 

fuels for the purpose of controlling emissions, and 

including any activity that is necessary to accommodate 

switching to an inherently less polluting fuel; and 

(6.) Pollution prevention projects which are determined 

by the permitting agency, through a process which includes 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** September 18, 1995 -- [filename 51165.918] *** 
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For the reasons set forth .in the preamble, part 51 of 

chapter I of title 40 of the Code of Federal Regulations is 

amended as follows: 

PART 51-REQUIREMENTS FOR PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION PLANS 

1. The authority citation for part 51 is revised to 

read as follows: 

Authority: 42 U.S.C. sections 7401-7671q. 

2. Paragraphs in section 51.166 are redesignated as 

follows: 

Old paragraph 

(b) (1) (i) (a)-(c) 

(b)(1)(iii)(a)-(aa) 

(b)(2)(iii)(a)-(k) 

(b) (3) (i) (a) and (b) 

(b) (3) (vi) (a) -(c) 

(b) (13) (i) (a) and (b) 

(b) (13) (ii) (a) and (b) 

(b) (14) (i) (a) and (b) 

(b) (14) (ii) (a) and (b) 

(b) (14) (iii) (a) and (b) 

(b) (15) (ii) (a) and (b) 

(f) (4) (iii) (a) and (b) 

(i) (4) (ii) (a) - (aa) •• 

(i) (4) (iii) (a)-(d) 

(i) (8) (i) (a)-(m) 

(m) (1) (i) (a) and (b) 

(s) (2) (iv) (a) and (b) 

New paragraph 

(b) (1) (i) (A)-(C) 

(b)(1)(iii)(A)-(AA) 

(b) (2) (iii) (A)-(K) 

(b) (3) (i) (A) and (B) 

(b) (3) (vi) (A)-(C) 

(b) (13) (i) (A) and (B) 

(b) (13) (ii) (A) and (B) 

(b) (14) (i) (A) and (B) 

(b) (14) (ii) (A) and (B) 

(b) (14) (iii) (A) and (B) 

(b) (15) (ii) (A) and (B) 

(f) (4) (iii) (A) and (B) 

(i) (4) (ii) (A)-(AA) 

(i) (4) (iii) (A)-(D) 

(i) (8) (ij (A)-(M) 

(m) (1) (i) (A) and (B) 

(s) (2) (iv) (A) and (B) 

3. Section 51.166 is amended as follows: 

a. Amending paragraph (b) (2) (iii) (F) introductory text 

by inserting adding the words "standing alone," after the 

wordo "ahall not include" at the beginning of thelHHSli; 

b. Deleting paragraphs (b) (2) (iii) (H) (1) and ^^TT^ana 

revising newly redesignated paragraph (b) (2) (iii) (H); 

c. Adding new paragraphs (b)(2)(iii)(L) and (M); 

. Adding a new paragraph fb) (2%} (vi) ^ 

<?. Revising newly redesignated paragraph (b) (3) (vi) (C) , 

and paragraphs (b) (19), (b) (21) (ii), and (b) (22); 

e. Adding new paragraphs (b)(23)(iv) and (v); 

f. Amending paragraph (b)(24) by adding the words "(or 

the Secretary's designee)" after the word "lands" at the end 

of the sentence; 

g. Revising paragraph (b) (27) ; 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

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(19) Undemonstrated technology or application means 

any system, process, material, or treatment technology, 

including pollution prevention, that has not been 

demonstrated in practice, but would have a substantial 

likelihood to: 

(i) Operate effectively; and 

(ii) Achieve either greater continuous reductions of 

air pollutant emissions than any demonstrated system, or 

comparable emission reductions at lower cost, lower energy 

input, or with less environmental impact. 

**** * 

(21) * * * 

(ii) Actual emissions shall be calculated using the 

unit's actual operating hours, production rates, and types 

of materials processed, stored, or combusted for any 12 

consecutive months during the 120 consecutive months that 

precede the commencement of construction of a proposed 

physical or operational change at the source and any 

current, federally enforceable limitations on emissions 

required by the Act, including, but not limited to, best 

available control technology, lowest achievable emission 

rate, reasonably available control technology or maximum 

achievable control technology. 

(vi) in lieu of paragraphs (iv) and Cv} of thik 

section, the plan may provide that for nay emissions unit*, 

actual emissions of the unit following a physical or 

operational change shall equal the representative actual 

annual emissions of the unit, provided the source owner or 

operator maintains and submits to the reviewing; authority, 

on an annual basis for a period of 5 years from the date'the 

unit resumes regular operation, information demonstrating 

that the physical or operational change did not result in^ an, 

emissions increase, A longer period, not to exceed 10; years, 

may be required by the reviewing authority If it determines 

such a period to be more representative of normal' source 

post^change operations. 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** September 18, 1995 -- [filename 51_166_6.29] *** 

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13 

^ • (n) * * -* 

(1) The plan shall provide that the permitting 

authority shall--

(i) Determine that a permit application is complete or 

deficient based on the permitting authority's consideration 

of determinations, analyses and other information contained 

in the application, and adequacy thereof, as specified in 

paragraph (n)(2) through (5) of this section; and 

**** * 

(2) * * * 

(iii) A detailed description of the system of 

continuous emission reduction proposed by the source or 

modification, and all information used or consulted in 

either recommending the best available control technology 

according to paragraph (j)(5) of this section or applying 

for the undemonstrated technology or application waiver 

under paragraph (s) of this section. 

(iv) Information and data used or conoultcd to perform 

all required analyses or determinations under paragraph (o), 

(p), (r), (s) and (u) of this section, as applicable. 

(3) The plan shall provide that upon request of the 

permitting authority, the owner or operator shall provide 

any information and data used or conoultcd to perform all 

required analyses or determinations under paragraph (k), (1) 

and (m) of this section. 

(4) The plan shall provide that an application shall 

not be considered complete unless the permit application has 

been registered on the applicable EPA electronic bulletin 

board. To register, at a minimum, the following must be 

provided: 

(i) Name and type of source; 

(ii) Nature of proposed project, i.e., new facility or 

modification; 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

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TRANSMISSION RESULT REPORT (SEP 18 '95 05:36PM)« 

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FILE FILE TYPE OPTION TEL NO. PAGE RESULT 

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tf Air 

Integrated Implementation Group (MD-12) 

Infonnadon Transfer and Program Integration Div. 

Office of Air Quality Planning and Standards 

U. S. Environmental Protection Agency 

Research Triangle Park, NC 27711 

FAX Number: (919)541-5509 

Datr. 

TO: 

NAME C/v^ ^p/ e 

MONBNUMm 

COMPANY/OFFICE FAX NUMBER 

FROM: