p.1 

OAR Box 1793 

Prepped by Keeia Richards 

Document Number: 

12) ll-F-54 

Docket Number: 

A-90-37 

Printed 11/3/2008 11:31:54 AM Sheet 12 of 45 
P.2 

Office of Air Quality m*TM?*"* ****» 

F ^7^^c^r y 

FAX Number: (919) 541-5309 

A-90-37 

rh^^^^-e^ (tu^ 

•^-"- ^ >t-tZ#i O 

If you did 

Number of Pages (including cover sheet): 

;es, please contact tht 

91M41. 
P.3 

10 

the provisions of paragraph (g) of this section or section 

52.21(g) of this chapter. 

(39) Federal official means the Federal official 

charged with direct responsibility for management of any 

lands within a Federal Class I area. 

(40) Air quality related value means, for purposes of 

this section, visibility or a scenic, cultural, physical, 

biological, ecological, or recreational resource that may be 

affected. t>y.a# change inair#guality, as defined by'the 

Federal*Land'Manager"for"federal"lands and as defined by a 

State or Indian Governing Body for nonfederal lands within 

their respective jurisdictions. 

(41) Adverse impact on air quality related values 

means, for purposes of this section, a deleterious effect, 

resulting in-wheie-er-in-parfc from emissions from a proposed 

major source or major modification, that interferes with the 

management, protection, preservation, or enjoyment of the 

air quality related values of a Federal Class I area. 

(42) Demonstrated in practice means for the purposes 

of this section, a control technology that has been— 

(i) Listed in or required by any of the following: 

(A) The EPA's RACT/BACT/LAER Clearinghouse; 

(B) Major source construction permits issued pursuant 

to parts C and D of title I of the Act; 

(C) Emissions limitations contained in federallyapproved plans excluding emissions limitations established 

by permits issued pursuant to programs for non-major 

sources; 

(D) Permits and standards under section 111 and 112 of 

the Act; 

(E) The EPA's alternative Control Technology Documents 

and Control Techniques Guidelines; or 

(ii) Not withstanding paragraph (b)(42)(i) of this 

section, installed and operating on an emissions unit or 

units which have operated at a minimum of 50 percent of 

nameplate capacity for 6 months, and the pollution control 

efficiency performance has been verified with a performance 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** October 20, 1995 — [filename 51_166_6.29] *** 
P.4 

13 

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 consulted 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 consulted 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; 

(iii) Proposed location of the sSource ioeation in 

state/county *(including"universal"Transverse Mercator 

coordinates) and the distance between the source and each 

Class I area within 250 kilometers; 

(iv) Anticipated allowable emissions, or increase in 

emission rate, for each affected air pollutant regulated 

under the Act; 

(v) Source contact mailing address and telephone 

number; and 

(vi) The permitting agency responsible for issuing the 

permit. 

(5) The plan shall provide that prior to making a 

completeness determination, the permitting authority shall 

provide for any Federal Land Manager review and coordination 

required under paragraph (p)(5) of this section. 

**** * 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** October 20, 1995 — [filename 51_166_6.29] *** 
P.5 

14 

(p)- Sources potentially impacting Federal Class I 

areas 

(1) Protection of air quality related values. The 

Federal Land Manager and the Federal Official have an 

affirmative responsibility to protect the air quality 

related values of Federal Class I areas and to consider, in 

consultation with the Administrator, whether a proposed 

source or modification will have an adverse impact on such 

values. 

(2) General requirements, (i) Notification of 

potential impacts on a Federal Class I area and requirement 

for impact assessment. The plan shall provide that where 

the Federal Official, Federal Land Manager, the 

Administrator, the Governor of an adjacent State, or the 

governing body of an adjacent Indian Tribe containing a 

Federal Class I area, files( prior to#the#date a 

completeness determination is made'pursuant"to"paragraph 

(nj(1) of this#section{ a written notice alleging that 

emissions"from'a proposed major"source or major modification 

may cause or contribute to a change in the air quality in 

such area and identifying the potential adverse impact of 

such change on each affected air quality related value 

_ ,••••••••••••••••••••#•*••#••*•••••••••••••• • , 

identifiedin the § area # by t the # Federal^ Land ^ Manager, a permit 

shaii * not"be * issued"unless * the"owner"or'operator"of such 

source: (A) demonstrates to the satisfaction of the 

permitting authority that emissions will not cause or 

contribute to ambient air quality concentrations in the 

Federal Class I area which violate the maximum allowable 

increases over baseline concentrations, and (B) provides an 

analysis of the potential impacts on air quality related 

values at the Federal Class I area. The plan may provide 

that a permit otherwise prohibited under this clause may be 

issued in accordance with the variance provisions in 

paragraph (p)(8) through (p)(ll) of this section. 

(ii) Available information on air quality related 

values and analytical methods. The Federal Land Manager or 

Federal Official shall provide to the owner or operator of a 

proposed major source or major modification that may have an 

adverse impact on air quality related values in a Federal 

Class I area all available information about such values and 

methods to analyze potential impacts. 

(iii) Consultation with Federal Land Manager. The 

plan shall provide for consultation and coordination with 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** October 20, 1995 — [filename 51_166_6.29] *** 
P.6 

16 

(iv) Consult with the Federal Land Manager about any 

inconsistency between the determination by the permitting 

authority and the Federal Land Manager's recommendations. 

(6) Preliminary and final permit determination—No 

Class I increment violation. The plan shall provide that, 

where the permitting authority has determined that the 

emissions from the proposed major source or major 

modification will not cause or contribute to ambient air 

quality concentrations in the Federal Class I area which 

exceed the maximum allowable increases over baseline 

concentrations— 

(i) The permitting authority shall not issue.a 

prelimary permit[determination * untii]¥ the'Federal"Land 

Manager"wili-be has[been"given"at"ieast 60 days (from the 

date of issuance"of"the"completeness determination required 

under paragraph (n)(l) of "this "section thate-the-permit-ia 

eemptefee) prie_?-fee-fche-permifeteing-att'fehe_rifeyx9-preli._.i_'-ary 

permi'fe-detei.aiina'feien to submit a demonstrateion that a 

proposed major source or"major'modification will have an 

adverse impact on air quality related values. 

(ii) If the permitting authority agrees with the 

Federal Land Manager's demonstration under paragraph 

(p)(6)(i) of this section, the permitting authority shall 

propose to deny the permit. 

(iii) If the permitting authority disagrees is not 

satisfied with the Federal Land Manager's demonstration" 

under'paragraph (p)(6)(i) of this section, the permitting 

authority shall consult with the Federal Land Manager, 

_re__e_renee-the-Pede_rai-_band-Mana§erx3-demenst_rafe__on-o_. 

adve_rse-impaet-eB-a±_r-q«a_r__ty-_reia'feed-vaittes-in-,fehe-pubiie 

ne*teiee-anneunein§-the-pretiminary-pe_.*mi-fe-de,fcer_nina-feien 

_reqaired-ttnder-parag?aph-fq-)-f4->f±ii->-o*--fehis-seefcien7-and 

explain and propose to approve the permit with an 

explanation in writing (for inclusion in the public record) 

reqHt_red-ttnder-paragraph-fq->f4tfii-)-o*-,ehis-see-feion the 

reasons for proposing to reject the Federal Land Manager's 

demonstration. The permitting authority's"written 

u^J-"'''^ evaluation shall eentain address, at a minimum, the 

*^ following: 

(A) The basis for any disagreement with the data and 

analyses contained in the Federal Land Manager's 

demonstration of adverse impact on air quality related 

values; 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** October 20, 1995 — [filename 51_166_6.29] *** 

. 0 ^ 
P.7 

17 

(B) Any conclusions the permitting authority reaches( 

about whether the adverae-impae-fe potential effects of the 

proposed"source will have an adverse"impact'on'air"quality 

related values, that are inconsistent with these the 

conclusions #reached.by #the # Federal# Land Manager in * its 

adverse[impact[demonstratedion-by-'fehe-Federai-Band ; 

and 

(C) Any measures undertaken to mitigate the potential 

adverse impacts of proposed emissions increases, including 

the estimated effect of any mitigation. 

(iv) In the final permit determination, the permitting 

authority shall address any comments made by the Federal 

Land Manager concerning the permitting authority's 

preliminary determination. 

(7) Mitigation of adverse impacts. The plan shall 

provide that a proposed major source or major modification 

may mitigate its potential adverse impacts, if any, on air 

quality related values in a Federal Class I area. The 

permitting authority may issue a permit for a proposed major 

source or major modification that would otherwise be denied 

a permit under paragraph (p)(6) of this section, if the 

permitting authority determines, in consultation with the 

Federal Land Manager, that the source has mitigated its 

adverse impact on air quality related values. The owner or 

operator of a proposed major source or major modification 

may mitigate an adverse impact by obtaining enforceable and 

permanent emissions reductions of sufficient amount and in 

such location that the reductions will offset the change in 

air quality in the Federal Class I area that would have 

resulted from the proposed source. 

**** * 

(q) * * * 

(2) The plan may set forth the minimum information 

which must be submitted by public commenters to accompany 

any recommendations for control technology alternatives for 

which permit applicants would not otherwise be responsible 

to consider in determining best available control technology 

as of the date an application is complete according to 

paragraph (j)(5)(iii) of this section. Such information may 

include the name and location of the source utilizing the 

control technology, manufacturer and type of control device, 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** October 20, 1995 — [filename 51_166_6.29] ***