State of Utah 

GARY R HERBERT 

Gowrnor 

GREG BELL 

IAeurenant Gowmor 

Department of 

Environmental Quality 

Amanda Smith 

£xeCIIfll'e Director 

DIVISION OF AIR QUAl lTV 

Cheryl Heymg 

D1recror 

M E MORA N DUM 

TO: Air Quality Board 

T HROUGH: Cheryllleying, Executive Secretary 

FROM: Regg Olsen, Permitting Branch Manager 

DATE: November 22, 20 I 0 

DAQ-052-10 

SUBJECT : PROPOSE FOR PUBLIC COMMENT - Amend R307-40 1-9. Permit: New and Modified 

Sources. Small Source Exemption; R307-405-3. Permits: Major Sources in Attainment or 

Unclassified Areas (PSD). Definitions; and R307-415-3. Perm its: Operating Permit 

Requirements. Definitions. 

On May 13,2010, the Environmental Protection Agency (EPA) issued a final rule that addresses 

greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act permitting programs. 

This final rule sets thresholds for GHG emissions that define when permits are required for new and 

existing industrial facilities under the New Source Review Prevention of Significant Deterioration (PSD) 

and Title V Operating Permit programs. 

The proposed amendments to R307-405-3 and R307-4 15-3 incorporate changes, primarily to definitions, 

for the New Source Review PSD and Title V Operating Permit programs. Those changes would allow Utah 

to obtain primacy for permitting Utah sources of G HG. The proposed amendment to R307-40 1-9 would 

exclude sources whose GHG emissions are below the established EPA thres holds for GHG from the 

requirement to obtain an Approval Order. 

On September I. 20 I 0. the Air Quality Board approved for public comment these rules and a hearing was 

held on October 7, 20 I 0. The comment period ran from September 15, 20 I 0, through October 15, 20 I 0. In 

addition, we have had these proposed changes and other information regarding GHG permitting posted on 

our web site since June 24, 20 I 0. We received no comments at the hearing or during the comment period. 

On October 27, 20 I 0, after the comment period closed, DAQ staff did receive comments from the Air 

Permitting Forum, a trade association that focuses on implementation of the Clean Air Act permitting and 

other environmental requirements. DAQ staff is still reviewing these comments and feel that there may be 

195 Nonh 1950 West · Salt Lake Cny, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

Telephone (801) 536-4000 • Fnx (801) 536-4099 • T.D.D. (801) 536-4414 

M'ww.cleq.ulah.gov 

l'rinted on tOO"o rtC)'tled paper 
DAQ-052-10 

Page2 

some merit in them. The comments basically suggest building into the Utah rule a provision that 

conditions the changes on the continued validity of the federal rules. 

Therefore, staff has drafted the attached proposed amendment to the changes effected to incorporate the 

Greenhouse Gas Tailoring Rule into our state rules to establish a provision that does condition our rules on 

the continued validity of the federal rules. 

Staff Recommendation: Staff recommends that the Board propose these amendments to 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 : Maj or Sources in Attainment or Unc lassified 

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: 

3 0 (A) the area in wh ich 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 execu t i ve 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" means t he executive secretary. 

52 (d) (i) The term "Administrator" shall be changed to 
R307-405-3 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) 4 0 CFR 52 . 21 (b) ( 3 7) ( 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 

1 0 (F) 4 0 CFR 52 . 21 ( 1) ( 2) I 

11 (G) 4 0 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." 

3 0 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 delis ted 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 

3 8 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 emissions 

18 (C02e)" shall represent an amount of GHGs emitted, and shall be 

19 computed as follows: 

20 (i) Multiplying the mass amount 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 s hall 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 ; or 
R307-405-3 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 whole or in oart , that 

8 GHG emissions are not subject to regulation under Title 1 , Part C 

9 of the Clean Air Act, then consis tent 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: 19-2-104 
R307 - 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 a i r quality may be affected and that are 

13 contiguous to Utah; or 

14 (b) That are wi 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 matter 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 promulgated or approved by the Board 

26 or by the EPA through rulemaking at the time of permit issuance 

27 but have future-effective compliance 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 R3 0 7 - 4 0 1 ; 

32 (c) Any standard or other requirement under Section 111 of 

33 the Act, Standards o f 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 requirement 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 increment 
R307-415-3 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 temporary 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 representative n 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 11 Emissions 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 11 Emissions 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 11 Final 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 precedi ng sentence, emissions 

6 from any oil or gas exploration or production well, with its 

7 associated equipment, and emissions from any p i peline compressor 

8 or pump station shall not be aggregated with emissions from other 

9 similar units, whether or not such units are in a conti guous area 

10 or under common control, to determine whether such units or 

11 stations are major sources. 

12 (b) A major 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 mor e 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 followi ng 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 batter ies; 

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 capac ity exceeding 300,000 barrels; 

47 (xxiii) Taconite ore processing plants; 

48 (xxiv) Glass fiber processi ng 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 of 
R307 -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 c l 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 11 serious 11 and in which stationary sources contribute 

22 significantly to carbon monoxide levels as determi ned 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 matter. 

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 11 0perating permit 11 or 11 permit, 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 11 Part 70 Source 11 means any source subject to the permitting 

40 requirements of R307-415, as provided in R307-415-4. 

41 11 Permit modification" means a revision to an operating permit 

42 that meets the requirements of R307-415-7f. 

43 "Permit revision11 means any permit modification or 

44 administrative permit amendment. 

4S "Permit shield11 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 e xceeding $25 million in 

11 second quarter 1980 dollars; or 

12 (ii) the delegation o f 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 R3 07-415, 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 i nstallation 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 e ither 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, methane , 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 emissions ('tpy), for each of the 

51 s i x greenhouse gases in the pollutant GHGs, by the gas's 

52 associated g l obal warming potential published at Table A-1 to 
1 

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 emissions are not subject to regulation under Title V of the 

Clean Air Act, then consistent with the regulatory change or 

judicial determination a stationary source may not be required to 

obtain a Title V permit for GHG emissions and paragraphs (a) and 

(b) above shall be inop erative , 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