### StateofUtah

GARY R HERBERT Gowrnor

GREG BELL IAeurenantGowmor 

### Departmentof Environmental Qua lity

AmandaSmith

£xeCIIfll'eDirector

DIVISION OFAIRQUAl lTV Cheryl H eymg D1recror

M E MORA N DUM

TO: Air Quality Board

T HROUGH: Cheryllleying, Executive Secretary

FROM: Regg Olsen, Permitting Branch Manager

DATE: November22,20I0 DAQ-052-10

SUBJECT : PROPOSE FOR PUBLICCOMMENT

- Amend R307-401-9. Permit: Newand Modified Sources. Small SourceExemption; R307-405-3. Permits: Major Sources in Attainment or Unclassified Areas (PSD). Definitions; and R307-415-3. Permits: Operating Permit Requirements. Def initions.

On May 13,2010

,theEnvironmental Protection Agency (EPA) issued a final rulethat addresses greenhouse gas (GHG) emissions from stationarysources under theClean AirActpermitting programs. This final rule setsthresholds for GHGemissions that define when permits arerequired for new and existing indust rial facilities undertheNew Source Review Prevention ofSignificantDeterioration (PSD) and TitleVOperating Permit programs

.

Theproposed amendmentstoR307-405-3 and R307-415-3 incorporatechanges,primarily to definitions, for the New Source Review PSD and TitleVOperatingPermitprograms. Thosechangeswould allow Utah

toobtainprimacy for permitting Utah sources ofGHG. Theproposedamendmentto R307-401-9 would

exclude sourceswhose GHG emissions are below the established EPA thresholds for GHG from the requirement to obtain an Approval Order.

On September I.20I0.the Air Quality Board approved for public comment theserules and a hearing was held on October7

, 20I0.Thecommentperiod ran from September 15, 20I0

, through October 15, 20I0. In addition, we havehad these proposed changes and otherinformationregarding GHG permitting posted on

our web site sinceJune 24, 20I0. We received no comments at the hearing orduringthe commentperiod.

On October27, 20I0, after thecommentperiod closed, DAQ staffdid receivecomments from the Air Permitting Forum, atrade associationthat focuseson implementation oftheCl eanAirActpermitting and otherenvironmental requirement s. DAQ staffis still reviewingthesecommentsand feel that theremay be

195 Nonh 1950West · Salt LakeCn y, Utah MailingAddress: P.O

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-4820 Telephone(801)536-4000•Fnx (801) 536-4099•T.D

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. (801) 536-4414

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-052-10 Page2

somemerit in them. Thecomments basically suggestbuilding into the Utahrule a provision that conditions the changes on the continued validity ofthe federal rules.

Therefore, staffhasdrafted the attached proposed amendmenttothechangeseffected to incorporate the Greenhouse GasTailoring Rule i nto ourstater ul

es to establish a provision that does condition ourruleson thecontinued validity ofthe federal rules.

StaffRecommendation: Staffrecommends that the Board propose these amendmentsto RJ07-405-3 and R307-415-3 for public comment.R307-405-3 November 22

, 2010 Page 1 of 4

1 R307. Environmental Quality

, Air Quality

. 2 R307-405

. Permits : Ma j or Sources in Attainment or Unclassified 3 Areas (PSD)

. 4 R307-405

- 3. Definit ions. 5 (1) Except as provided in (2) below, the definitions 6 contained in 40 CFR 52.21(b) are hereby incorporated by reference. 7 (2) (a) (i) "Major Source Baseline Date" means : 8 (A) in the case of particulate matter: 9 (I) for Davis, Salt Lake, Utah and Weber Counties, the date 10 that EPA approves the PM10 maintenance plan that was adopted by 11 the Board on July 6, 2005; 12 (II) for all other areas of the State, January 6, 1975; 13 (B) in the case of sulfur dioxide : 14 (I) for Salt Lake County, the date that EPA approves the 15 sulfur dioxide maintenance plan that was adopted by the Board on 16 January 5, 2005; 17 (II) for all other areas of the State, January 6, 1975; and 18 (C) in the case of nitrogen dioxide, February 8, 1988. 19 (ii) "Minor Source Baseline Date" means the earliest date 20 after the trigger date on which a major stationary source or a 21 major modificati on subject to 40 CFR 52.21 or R307

- 405 submi ts a 22 complete appli cation under the relevant regulations. The trigger 23 date is: 24 (A) In the case of part iculate matter and sulfur dioxide, 25 August 7, 1977, and 26 (B) in the case of nitrogen dioxide, February 8, 1988. 27 (iii) The baseline date is established for each pollutant 28 for which increments or other equivalent measures have been 29 established if: 30 (A) the area in w hich the proposed source or modification 31 would construct is designated as attainment or unclassifiable 32 under section 107(d) (i) (D) or (E) of the Act for the pollutant on 33 the date of its complete application under 40 CFR 52.21 or R307

- 34 405; and 35 (B) in the case of a major stationary source, the pollutant 36 would be emitted in significant amounts, or, in the case of a 37 major modification, there would be a significant net emissions 38 increase of the pollutant. 39 (iv) Any minor source baseline date established originally 40 for the TSP increments shall remain in effect and shall apply for 41 purposes of determining the amount of available PMlO increments, 42 except that the executive secretary shall rescind a minor source 43 baseline date where it can be shown, to the satisfaction of the 44 execut ive secretary, that the emissions increase from the major 45 stationary source, or net emissions increase from the major 46 modification, responsible for triggering that date did not result 47 in a significant amount of PM10 emissions

. 48 (b) In the defini tion of "baseline area" in 40 CFR 49 52.21 (b) (15) (ii) (b) insert the words "or R307

-405'' after "Is 50 subject to 40 CFR 52.21". 51 (c) "Revi ewing Authority" m eans t he executive secretary. 52 (d) (i) The term "Administrator" shall be changed toR307-405-3 November 22, 2010 Page 2 of 4

1 "executive secretary" throughout R307-405

, except as provided in 2 (ii)

. 3 (ii) The term "Administrator" shall be changed to "EPA 4 Administrator" in the following incorporated sections : 5 (A) 40 CFR 52

. 21(b) (17) I 6 (B) 40 CFR 52

.21 (b) (37) (i) I 7 (C) 40 CFR 52

. 21(b) (43) I 8 (D) 40 CFR 52.21(b) (48) (ii) (c)
1 9 (E) 40 CFR 52

. 21 (b) (SO) (i} I 10 (F) 40 CFR 52

.21(1) (2) I 11 (G) 40 CFR 52

.21 (p) (2)

, and 12 (H) 40 CFR 51

. 166 (q) (2) (iv). 13 (e) The following definitions or portions of definitions 14 that apply to the equipment repair and replacement**provi~ions** are 15 not incorporated because these provisions were vacated by the DC 16 Circuit Court of Appeals on March 17, 2006 : 17 (i) in the definition major modification in 40 CFR 18 52.21(b) (2}, the second sentence i n subparagraph (iii) (a), 19 (ii) the definition of "process unit" in 40 CFR 20 52.21(b)(55), 21 (iii) the definition of "functionally equivalent component" 22 in 40 CFR 52.21{b) (56), 23 (iv) the definition of "fixed capital cost" in 40 CFR 52

. 21 24 (b) (57), and 25 (v) the definition of "total capital investment" in 40 CFR 26 52.21(b)(58)

. 27 (f) In the definition of "Regulated NSR pollutant" in 40 CFR 28 52 .21(b) (50), subparagraph (iv) shall be changed to read, "Any 29 pollutant that otherwise is subject to regulation under the Act." 30 A new subparagraph (v) shall be added that reads, "The term 31 regulated NSR pollutant shall not include any or all hazardous air 32 pollutants either listed in section 112 of the federal Clean Air 33 Act, or added to the list pursuant to section 112 (b) (2) of the 34 federal Clean Air Act

, and which have not been delisted pursuant 35 to section 112 (b) (3) of the federal Clean Air Act, unless the 36 listed hazardous air pollutant is also regulated as a constituent 3 7 or precursor of a general pollutant list ed under section 108 of 38 the federal Clean Air Act

. 11 39 (3) "Air Quality Related Values," as used in analyses under 40 40 CFR 52.21 (p) that is incorporated by reference in R307-405-17, 41 means those special attributes of a Class I area, assigned by a 42 federal land manager, that are adversely affected by air quality. 43 (4) "Heat input" means heat input as defined in 40 CFR 44 52.01(g), that is hereby incorporated by reference

. 45 (5) "Title V permit" means any permit or group of permits 46 covering a Part 70 source that is issued, renewed, amended, or 47 revised pursuant to R307-415. 48 (6) "Ti tle V Operating Permit Program" means R307-415

. 49 (7) The definition of "Good Engineering Practice (GEP) Stack 50 Height" as defined in R307-410 shall apply in this rule. 51 (8) The definition of "Dispersion Technique 11 as defined in 52 R307-410 shall apply in this rule.R307-405-3 November 22, 2010 Page 3 of 4

1 (9) "Subject to regulation" means, for any air pollutant, 2 that the pollutant is subject to either a provision in the federal 3 Clean Air Act, or a nationally-applicable regulation codified by 4 the Administrator in subchapter C of 40 CFR Chapter I, that 5 requires actual control of the quantity of emissions of that 6 pollutant, and that such a control requirement has taken effect 7 and is operative to control, limit or restrict the quantity of 8 emissi.ons of that pollutant released from the regulated activity. 9 Except that: · 10 (a) "Greenhouse gases (GHGs)," the air pollutant defined in 11 40 CFR 86.1818-12 (a) (Federal Register, Vol. 75, Page 25686) as 12 the aggregate group of six greenhouse gases: carbon dioxide, 13 nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 14 sulfur hexafluoride, shall not be subject to regulation except as 15 provided in paragraphs (d) through (e) of this section. 16 (b) For purposes of paragraphs (c) through (e) of this 17 section, the term "tons per year (tpy) C02 equivalent em issions 18 (C02e)" shall represent an amount of GHGs emitted

, and shall be 19 computed as follows: 20 (i) Multiplying the mass am ount of emissions (tpy), for each 21 of the six greenhouse gases in the pollutant GHGs, by the gas's 22 associated global warming potential published at Table A-1 to 23 subpart A of 40 CFR Part 98

- Global Warming Potentials, that is 24 hereby incorporated by reference (Federal Register, Vol

. 74, Pages 25 56395-96). 26 (ii) Sum the resultant value from paragraph (b) (i) of this 27 section for each gas to compute a tpy C02e. 28 (c) The term "emissions increase" as used in paragraphs (d) 29 through (e) of this section shall mean that both a significant 30 emissions increase (as calculated using the procedures in 40 CFR 31 52

. 21 (a) (2) (iv) that is incorporated by reference in R307-405-2) 32 and a significant net emissions increase (as defined in paragraphs 33 40 CFR 52

. 21(b) (3) and (b) (23) that is incorporated by reference 34 in R307-405-3) occur. For the pollutant GHGs, an emissions 35 increase shall be based on tpy C02e, and shall be calculated 36 assuming the pollutant GHGs is a regulated NSR pollutant, and 37 ''si gnificant'' is defined as 75,000 tpy C02e instead of applying 38 the value in paragraph 40 CFR 52 .21 (b) (23) (ii). 39 (d) Beginning January 2, 2011, the pollutant GHGs is subject 40 to regulation if: 41 (i) The stationary source is a new major stationary source 42 for a regulated NSR pollutant that is not GHGs, and also will emit 43 or will have the potential to emit 75,000 tpy C02e or more; or 44 (ii) The stationary source is an existing major stationary 45 source for a regulated NSR pollutant that is not GHGs, and also 46 will have an emissions increase of a regulated NSR pollutant, and 47 an emissions increase of 75,000 tpy C02e or more; and, 48 (e) Beginning July 1, 2011, in addition to the provisions in 49 paragraph (d) of this section, the pollutant GHGs shall also be 50 subject to regulation: 51 (i) At a new stati onary source that will emit or have the 52 potential to emit 100,000 tpy C02e; orR307-405-3 November 22

, 2010 Page 4 of 4

1 (ii) At an existing stationary source that emits or has the 2 potential to emit 100, 000 tpy C02e, when such stationary source 3 undertakes a physical change or change in the method of operation 4 that will result in an emissions increase of 75,000 tpy C02e or 5 more. 6 (f) If there is a chanoe in federal regulations or a court 7 of competent j urisdiction determines

, in w hole or in oart
, that 8 GHG emissions are not subject to regulation under Title 1

, Part C 9 of the Clean Air Act, then consistent with the regulatory change 10 or judicial determination a stationary source may not be required 11 t o obtain an approval order for GHG emissions and paragraphs 12 (9) (a) through (e) above shall be inoperative, in whole or in 13 part

. 14 15 KEY: air pollution, PSD, Class I area, greenhouse gas 16 Date of Enactment or Last Substantive Amendment: 2011 17 Notice of Continuation: February 5, 2009 18 Authorizing, and Implemented or Interpreted Law: 19-2-104R307

-415

- 3 November 22, 2010 Page 1 of 6

1 R307. Environmental Quali ty, Air Quality. 2 R307-415

. Permits: Operating Permit Requirements. 3 R307-415-3. Definitions. 4 (1) The definitions contained in R307

- 101-2 apply throughout 5 R307-415, except as specifically provided in (2). 6 (2) The following additional definitions apply to R307-415

. 7 "Act" means the Clean Air Act, as amended, 42 U.S.C. 7401, et 8 seq. 9 "Administrator" means the Administrator of EPA or his or her 10 designee. 11 "Affected States" are all states: 12 (a) Whose ai r quality may be affected and that are 13 contiguous to Utah; or 14 (b) That are w i thin 50 miles of the permitted source

. 15 "Air Pollutant" means an air pollution agent or combination 16 of such agents, including any physical, chemical, biological, or 17 radioactive (including source material, special nuclear material, 18 and byproduct material) substance or m atter which is emitted into 19 or otherwise enters the ambient air

. Such term includes any 20 precursors to the formation of any air pollutant, to the extent 21 the Administrator has identified such precursor or precursors for 22 the particular purpose for which the term air pollutant is used. 23 "Applicable requirement" means all of the following as they 24 apply to emissions units in a Part 70 source, including 25 requirements that have been prom ulgated or approved by the Board 26 or by the EPA through rulemaking at the time of permit issuance 27 but have future-effective com pliance dates: 28 (a) Any standard or other requirement provided for in the 29 State Implementation Plan; 30 (b) Any term or condition of any approval order issued under 31 R307

-401; 32 (c) Any standard or other requirement under Section 111 of 33 the Act, Sta ndards of Performance for New Stationary Sources, 34 including Section 111(d); 35 (d) Any standard or other requirement under Section 112 of 36 the Act, Hazardous Air Pollutants, including any requirement 37 concerning accident prevention under Section 112(r) (7) of the Act; 38 (e) Any standard or other requirem ent of the Acid Rain 39 Program under Title IV of the Act or the regulations promulgated 40 thereunder; 41 (f) Any requirements established pursuant to Section 504(b) 42 of the Act, Monitoring and Analysis, or Section 114(a) (3) of the 43 Act, Enhanced Monitoring and Compliance Certification; 44 (g) Any standard or other requirement governing solid waste 45 incineration, under Section 129 of the Act; 46 (h) Any standard or other requirement for consumer and 47 commercial products, under Section 183(e) of the Act; 48 (i) Any standard or other requirement of the regulations 49 promulgated to protect stratospheric ozone under Title VI of the 50 Act, unless the Administrator has determined that such 51 requirements need not be contained in an operating permit; 52 (j) Any national ambient air quality standard or incrementR307-415-3 November 22, 2010 Page 2 of 6

1 or visibility requirement under part C of Title I of the Act, but 2 only as it would apply to tem porary sources permitted pursuant to 3 Section 504(e) of the Act; 4 (k) Any standard or other requirement under rules adopted by 5 the Board. 6 11Area source 11 means any stationary source that is not a major 7 source. 8 11Designated representativen shall have the meaning given to 9 it in Section 402 of the Act and in 40 CFR Section 72.2, and 10 applies only to Title IV affected sources. 11 "Draft permit 11 means the version of a permit for which the 12 Executive Secretary offers public participation under R307-415-7i 13 or affected State review under R307-415-8(2). 14 11Emissions allowable under the permit 11 means a federally15 enforceable permit term or condition determined at issuance to be 16 required by an applicable requirement that establishes an 17 emissions limit, including a work practice standard, or a 18 federally-enforceable emissions cap that the source has assumed to 19 avoid an applicable requirement to which the source would 20 otherwise be subject. 21 11Emissions unit 11 means any part or activity of a stationary 22 source that emits or has the potential to emit any regulated air 23 pollutant or any hazardous air pollutant

. This term is not meant 24 to alter or affect the definition of the term nunit" for purposes 25 of Title IV of the Act, Acid Deposition Control. 26 11Final permit" means the version of an operating permit 27 issued by the Executive Secretary that has completed all review 28 procedures required by R307-415-7a through 7i and R307-415-8. 29 11General permit" means an operating permit that meets the 30 requirements of R307-415-6d

. 31 "Hazardous Air Pollutant" means any pollutant listed by the 32 Administrator as a hazardous air pollutant under Section 112(b) of 33 the Act. 34 "Major source" means any stationary source (or any group of 35 stationary sources that are located on one or more contiguous or 3 6 adjacent properties, and are under common control of the same 37 person (or persons under common control)) belonging to a single 38 major industrial grouping and that are described in paragraphs 39 (a), (b), or (c) of this definition. For the purposes of defining 40 "major source," a stationary source or group of stationary sources 41 shall be considered part of a single industrial grouping if all of 42 the pollutant emitting activities at such source or group of 43 sources on contiguous or adjacent properties belong to the same 44 Major Group (all have the same two-digit code} as described in the 45 Standard Industrial Classification Manual, 1987. Emissions 46 resulting directly from an internal combustion engine for 47 transportation purposes or from a non-road vehicle shall not be 48 considered in determining whether a stationary source is a major 49 source under this definition. 50 (a) A major source under Section 112 of the Act, Hazardous 51 Air Pollutants, which is defined as: for pollutants other than 52 radionuclides, any stationary source or group of stationary

### R307

-415

- 3 November 22, 2010 Page 3 of 6

1 sources located within a contiguous area and under common control 2 that emits or has the potential to emit, in the aggregate, ten 3 tons per year or more of any hazardous air pollutant or 25 tons 4 per year or more of any combination of such hazardous air 5 pollutants. Notwithstanding the preceding sentence, emissions 6 from any oil or gas exploration or production well, with its 7 associated equipment, and em issions from any pipeline compressor 8 or pump station shall not be aggregated with emissions from other 9 similar units, whether or not such units are in a contiguous area 10 or under common control, to determine whether such units or 11 stations are major sources. 12 (b) A m ajor st ationary source of air pollutants, as defined 13 in Section 302 of the Act, that directly emits or has the 14 potential to emit, 100 tons per year or more of any air pollutant 15 subject to regulation, including any major source of fugitive 16 emissions or fugitive dust of any such pollutant as determined by 17 rule by the Administrator. The fugitive emissions or ·fugitive 18 dust of a stationary source shall not be considered in determining 19 whether it is a major stationary source for the purposes of 20 Section 302(j) of the Act, unless the source belongs to any one of 21 the following categories of stationary source: 22 (i) Coal cleaning plants with thermal dryers; 23 (i i) Kraft pulp mills; 24 (iii) Portland cement plants; 25 (iv) Primary zinc smelters; 26 (v) Iron and steel mills; 27 (vi) Primary aluminum ore reduction plants; 28 (vii ) Primary copper smelters ; 29 (viii) Municipal incinerators capable of charging more than 30 250 tons of refuse per day; 31 (ix) Hydrofluoric, sulfuric, or nitric acid plants; 32 (x) Petroleum refineries; 33 (xi) Lime plants; 34 (xii) Phosphate rock processing plants; 35 (xiii) Coke oven batteries; 36 (xiv) Sulfur recovery plants; 37 (xv) Carbon black plants, furnace process; 38 (xvi) Primary lead smelters; 39 (xvii) Fuel conversion plants; 40 (xvi ii) Sintering plants; 41 (xix) Secondary metal production plants; 42 (xx) Chemical process plants; 43 (xxi) Fossil

-fuel boilers, or combination thereof, totali ng 44 more than 250 million British thermal units per hour heat input; 45 (xxii) Petroleum storage and transfer units with a total 46 storage capacity exceeding 300,000 barrels; 47 (xxiii) Taconite ore processing plants; 48 (xxiv) Glass fiber processing plants; 49 (xxv) Charcoal production plants; SO (xxvi) Fossil-fuel

-fired steam electric plants of more than 51 250 million British thermal units per hour heat input; 52 (xxvii) Any other stationary source category, whi ch as ofR307 -41S-3 November 22, 2010 Page 4 of 6

1 August 7, 1980 is being regulated under Section 111 or Section 112 2 of the Act. 3 (c) A major stationary source as defined in part D of Title 4 I of the Act, Plan Requirements for Nonattainment Areas, 5 including: 6 (i) For ozone nonattainment areas, sources with the 7 potential to emit 100 tons per year or more of volatile organic 8 compounds or oxides of nitrogen in areas classified as 11marginal 11 9 or 11moderate, 11 50 tons per year or more in areas cl assified as 10 "serious, 11 25 tons per year or more in areas classified as 11 11Severe, 11 and 10 tons per year or more in areas classi fied as 12 "extreme"; except that the references in this paragraph to 100, 13 SO, 25, and 10 tons per year of nitrogen oxides shal l not apply 14 with respect to any source for which the Administrator has made a 15 finding, under Section 182(f) (1) or (2) of the Act, that 16 requirements under Section 182(f) of the Act do not apply; 17 (ii) For ozone transport regions established pursuant to 18 Section 184 of the Act, sources with the potential to emit SO tons 19 per year or more of volati le organic compounds; 20 (iii) For carbon monoxide nonattainment areas that are 21 classified as 11serious 11 and in which stationary sources contribute 22 significantly to carbon monoxide levels as determined under rules 23 issued by the Administrator, sources with the potential to emit SO 24 tons per year or more of carbon monoxide; 25 (iv) For PM

- 10 particulate matter nonattainment areas 26 classified as "serious, 11 sources with the potential to emit 70 27 tons per year or more of PM-10 particulate m atter

. 28 11Non-Road Vehicle" means a vehicle that is powered by an 29 internal combustion engine (including the fuel system), that is 30 not a self-propelled vehicle designed for transporting persons or 31 property on a street or highway or a vehicle used solely for 32 competition, and is not subject to standards promulgated under 33 Section 111 of the Act (New Source Performance Standards) or 34 Section 202 of the Act (Motor Vehicle Emission Standards)

. 35 110perating permit 11 or 11permit, 11 unless the context suggests 36 otherwise, means any permit or group of permi

· ts covering a Part 70 37 source that is issued, renewed, amended, or revised pursuant to 38 these rules. 39 11Part 70 Source 11 means any source subject to the permitting 40 requirements of R307-415, as provided in R307-415-4. 41 11Permit modification" means a revision to an operating permit 42 that meets the requirements of R307-415-7f. 43 "Permit revision 11 means any permit modification or 44 administrative permit am endment. 4S "Permit shield 11 means the permit shield as described in R307

- 46 415

- 6f. 47 "Proposed permit" means the version of a permit that the 48 Executive Secretary proposes to issue and forwards to EPA for 49 review in compliance with R307-415-8. 

### so "Renewal" means the process by which a permit is reissued at 51 the end of its term. 52 "Responsible official" means one of the following:R307-415-3 November 22

, 2010 Page 5 of 6

1 (a) For a corporation: a presi dent, secretary, treasurer, or 2 vice-president of the corporation in charge of a principal 3 business function, or any other person who performs similar policy 4 or decision

-making functions for the corporation, or a duly 5 authorized representative of such person if the representative is 6 responsible for the overall operation of one or more 7 manufacturing, production, or operating facilities applying for or 8 subject to a permit and either: 9 (i) the operating facilities employ more than 250 persons or 10 have gross annual sales or expenditures exceeding $25 million in 11 second quarter 1980 dollars; or 12 (ii) the delegation of authority to such representative is 13 approved in advance by the Executive Secretary; 14 (b) For a partnership or sole proprietorship: a general 15 partner or the proprietor, respectively; 16 (c) For a municipality, State, Federal, or other public 17 agency: either a principal executive officer or ranking elected 18 official. For the purposes of R307-415, a principal executive 19 officer of a Federal agency includes the chief executive officer 20 having responsibility for the overall operations of a principal 21 geographic unit of the agency; 22 (d) For Title IV affected sources: 23 (i) The designated representative in so far as actions, 24 standards, requirements

, or prohibitions under Title IV of the 25 Act, Acid Deposition Control, or the regulations promulgated 26 thereunder are concerned; 27 (ii) The responsible official as defined above for any other 28 purposes under R307-415

. 29 "Stationary source" means any building, structure, facility, 30 or installation that emits or may emit any regulated air pollutant 31 or any hazardous air pollutant. 32 "Subject to regulation" means, for any air pollutant, that 33 the pollutant is subject to either a provision in the Clean Air 34 Act, or a nationally

-applicable regulation codified by the 35 Administrator in subchapter 

### c of 40 CFR Chapter I, that requires 36 actual control of the quantity of emissions of that pollutant, and 37 that such a control requirement has taken effect and is operative 38 to control, limit or restrict the quantity of emissions of that 39 pollutant released from the regulated activity. Except that: 40 (a) "Greenhouse gases (GHGs)," the air pollutant defined in 41 40 CFR 86

. 1818-12 (a) (Federal Register, Vol. 75

, Page 25686) as 42 the aggregate group of six greenhouse gases : carbon dioxide, 43 nitrous oxide, m ethane

, hydrofluorocarbons, perfluorocarbons, and 44 sulfur hexafluoride, shall not be subject to regulation unless, as 45 of July 1, 2011, the GHG emissions are at a stationary source 46 emitting or having the potential to emit 100,000 tons per year 47 (tpy) C02 equivalent emissions. 48 (b) The term "tpy C02 equivalent emissions (C02e)" shall 49 represent an amount of GHGs emitted, and shall be computed by 50 multiplying the mass amount of em issions ('tpy), for each of the 51 six greenhouse gases in the pollutant GHGs, by the gas's 52 associated gl obal warming potential published at Table A-1 to1 2 3 4 5 6 7 8 9 10
11 12 13 14 15 16 17 18 19 20 21 R307-415-3 November 22, 2010 Page 6 of 6

subpart A of 40 CFR Part 98-Global Warming Potentials, that is hereby incorporated by reference (Federal Register, Vol

. 74, Pages 56395-96), and summing the resultant value for each to compute a tpy C02e. (c) If there is a change in federal regulations or a court of competent jurisdiction determines, in whole or in part, that GHG em issions are not subject to regulation under Title V of the Clean Air Act, then consistent with the regulatory change or judicial deter m

ination a stationary source may not be required to obtain a Title V permit for GHG emissions and paragraphs (a) and (b) above shall be inoperative

, in whole or in part

. 11Title IV Affected source 11 means a source that contains one

or more affected units as defined in Section 402 of the Act and in 40 CFR, Part 72.

KEY: air pollution, greenhouse gas, operating permit, emission fees Date of Enactment or Last Substantive Amendment: 2011 Notice of Continuation: July 13, 2007 Authorizing, and Implemented or Interpreted Law: 19

- 2-109

. 1; 19- 2-104