### State ofUtah

CiARY R.lli\RHI:RT (ivwrnor

GREG BELL L.teutenant Governor

I. Call-to-Order 

### Department of Environmental Quality

Ama ndaSmith f:xecunve Dtrector

DIVISION OF AIR QUALITY ChcryIIIeying Viree lor

UTAHAIR QUALITYBOARD MEETING

DRAFTAGENDA

Wednesday
, September 1
, 2

. 010 1:30 p.m. 195 North 1950West, Room 1015

II. Dateofthe Next AirQuality Board Meeting: October 6, 2010

Ill. Approval ofthe Minutes for the August 4, 20l0
, Board Meeting. Air Qualit y Board Ernest E. Wessman, Chair Stephen C. Sands 11
, Vice-Chair 13renl C Bradlord Nan Bunker Joel E. Elstcin

Kerry Kelly Robert Paine Ill If

. Crnig**Pctcrs~.:n**

Amanda Smith Darrell H

. Smith KathyVan Dame

Cheryl Heying, Execufrve Secretary

DAQ-038-10

IV

. Propose for Public Comment: IncorporatetheEPA Greenhouse Gas (GHG) Tailoring rule. Amend R307-401-9. Permit: Newand Modified Sources. Small Source Exemption; R307-405-3. Permit s : Major Sources in Attainment orUnclassified Areas (PSD). Definitions; and R307-415-3. Permits: Operating Permit Requirements. Defini tions. Presented byRegg Olsen.

V. Propose for Public Comment: Operating Permit Program Feefor Fiscal Year 2012. Presented by David Beatt y.

VI. lnf ormational ltems. A. Kennecott Bingham Canyon Mine Expansion Project. Presented by Chris Kaiser. B. Air Taxies. Presented by Robert Ford. C. Compliance. Presented byJay Morris and Harold Burge. D. Monitoring. Presented byBoCall.

In compliance with the American with Disabilities Act
, individuals with special needs (includingauxiliary communicative aids and services) should contact Brooke Baker
, Oftice ofHuman Resources at (80I) 536-4412 (TDD 536-4414).

J95 N o rth 1950 West • Sa l t Lake City
, U tah Mail ing Address: P.O

.B ox 1 44820 ·Salt Lake Ciiy
, Utah 84114-4820 Teleph one (801) 536-4000 •Fax (801) 536-4099 • T

.D.n (80I) 536-4414

wwwdeq utah.gov Pnntedon I00°'o recycled paper

### State ofUtah

GARY R. IIERRERT
(i(}ll('/'110/"
(iRI·(i HFil I wult'lltllll (inn•r11or 

### Department of 

### Environmental Quality

Amanda Sm1th £xec111ive Direc/or

DIVISION OFAIR QUALITY Cheryl Heying

/)ir eclor

MEMORAN D UM

TO: A1r Quality Board

T HROUGH : Cheryl Ileying
, Hxecutivc Secretary

FROM : Regg Olsen, Permitting Branch Manager

DATE: August 17,2010 DAQ-039-10

SUBJECT: PROPOSE FORPUBLIC COMMENT: Incorporate the EPA Greenhouse Gas (GHG) Tailoringrule. Amend R307-40 1-9. Perm1t: New and Modified Sources. Small Source Exemption; R307-405-3. Permits: Major Sourcesin Attainment orUnclassified Areas (PSD). refimtions; and R307-415-3. Permns: Operating Permit Requm;ments. Dciinitipns.

On May 13
, 20I0, the Environmental ProtectiOn Agency (EPA) issued a final rule that addresses greenhouse gas em1 ssions from stationary sources under the Clean Air Act permitting programs. This final rule sets thresholds for qHG emissions that define when permits are required for new and existing industrial facilities under the New SourceReview Prevention ofSignificantDeterioration (PSD) and Title V OperatingPermit programs.

The proposed amendments to R307-405-3 and R307-415-3 incorporate changes, primarilyto definitions, for the New SourceReview PSD and Title V OperatingPermitprograms. Those changes would allow Utah
to obtain primacy for pennittingUtah sources ofGHG. Without the changes, the EPA plans to issue a State Implementation Plan call directing these changes, followed by the implementation ofa Federal ImplementationPlan (Frp) which would make the EPA the permitting authority for Utah sources ofGIIG. The proposed amendment to R307-401-9 would exclude sources whose GHG emissions are below the establishedEPA thresholds for GHG from the requirement to obtain an Approval Order.

On June 24
, 20I0, Utah Division ofAir Quality staffconducted an informational meeting for interested partiesto explain the changes needed to meet the new GHG permittingrequirements and to answer questions. In addition, 

### WF have had these proposed changes and otherinformation regarding GHG

195 North 1950 West· Salt Lake Cny, Utah Mailing Address: P.O. Box 14 4820 • Salt Lake City, Utah 841 14-4820 Telephone (ROI)536-4000 • Fax (80I) 536-4099 •T.D.D. (80I) 536-4414**""'~•·** deq.111nh.gov Pnn1edon I000• recycled paperD/\Q-039-10 Page 2

pennttting posted on our web site sinceJune 24,2010. (The web siteis at http://www.airquality.utah.gov!Public-Intcrcst/green

_house

_gases/TailoringRuleFactSheet.pdf.) To date.

we hnvc received no feedback, questions or concerns.

StaffR.9fQ!!1mcnQ_attOn: Staffrecommends that the Board propose amendments to R307-40 1-9, R307-405- 3, and R307-415-3 for public comment.1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 R307

- 10J 9 August 17
, 2010 Page 1 of 2

R307. Environmental Quality, Air Quality. R307-401. Permit: New and Modified Sources. R307-401-9.

### S~all Source Exemption. (1) A small stationary source is exempted from the requirement to obtain an approval order in R307-401-5 through 8 if the following conditions are met

. (a) its actual emissions are less than 5 tons per year per air contaminant of any of the following air contaminants : sulfur dioxide, carbon monoxide , nitrogen oxides, PM10 , ozone, or volatile organic compounds; (b) its actual emissions are less than 500 pounds per year of any hazardous air pollutant and less than ?.000 pounds per year of any combination of hazardous air pollutants; (c) its actual em issions are less than 500 pounds per year of any air contaminant not listed in (a) ( or (b) above and less than 2000 pounds per year of any combination of air contaminants not listed in (a) or {b) above

. (d) Air contaminants that are drawn from the environment through equipment in intake air and then are released back to the environment without chemical change , as well as carbon dioxide, nitrogen, oxygen, argon, neon, helium, krypLon, xenon should not be included in emission calculations when determining applicability under (a) through (c) above

. (2) The owner or operator of a source that i s exempted from the requirement to obtain an approval order under (1) above shall

no longer be exempt if actual emissions in any subsequent year exceed the emission thresholds in (1) above

. The owner or operator shall submit a notice of intent under R307-401-5 no later than 180 days

### I after the end o f the calendar year in which the

source exceedetl the emission threshold

. (3) Small Source Exemption

- Registration

. The executive secretary will maintain a registry of sources that are claiming an
exemption under R307-401

- 9. The owner or operator of a stationary

source that is claiming an exemption under R307-401-9 may submit a
written registration notice to the executive secretary

. The notice shall include the following minimum information : (a) identifying information
, including company name and address, location of source , telephone number
, and name of plant site manager or point of contact ; (b) a description of the nature of the processes involved
, equipmenL, anticipated quantities of materials used, the type and quantity of fuel employed and nature and quantity of the finished product; 1 (c) identification of expected emissions ; (d)

### esti~ated annual emission rates ; (e) any control apparatus used; and (f) typical operating schedule

. (4) An exemption under R307-40 1 -9 does not affect the requiremenLs of R307-401-17
, Temporary Relocation

. (5) A stationary source that is not required to obtain a**~rmit** under R307-405 for greenhouse gases, as defined in R307- 405-3 (9) (i), is not required to obtain an approval order forR307-401 9 A ugust 17
, 2010 

# I Page 2 of 2

1 greenhouse gas es under R307-401

. This exem ption does not affec t 2**th~ ~uj**  rement

_ to obtain an**~roval** order for1 any other ai r 3 contami nant**~mitted** by t he stati onary s ource

. 4 5 KEY: air pollution, permits, approval orders 6 Date of Enactment or Last Substantive Amendment:**F~l:;>-Ftiary** S-, 7 2--G-0-8] 20 11 8 Notice of Continuation: July 13, 2007 1 9 Authorizing, and Implemented or Interpreted Law: 19-2-104(3) (q); 10 J.9-2-J.08 111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 R307 405 3 August 17
, 2010 Page J of 4

R307

.**Enviro~ental** Quality, Air Quality

. R307-405

. Permits: Major Sources in Attainment or Unclassified Areas (PSD)

. R307-405-3. Definitions

. (J) Except as provided in (2) below, the definitions conlained in 40 CFR 52 .2l(b) are hereby incorporated by reference

. (2) (a) (i) "Major Source Baseline Date" means: (A) in the case of particulate matter : (I) for lnavis, Salt Lake, Utah and Weber Counties, the date that EPA appr<?ves the PMlO maintenance plan that was adopted by the Board on July 6, 2005; (II) for all other areas of the State, January 6, 1975; (B) in the case of sulfur dioxide : (I) for Sall Lake County, the date that EPA approves the sulfur dioxide mainlenance plan that was adopted by lhe Board on January 5
, 2005; (JI) for all other areas of the State, January 6, 1975; and (C) in the case of nitrogen dioxide, February 8
, 1988

. (ii) "Minor Source Baseline Date" means the earliest date after the

### tri~ger date on which a major stationary source or a major modification subject to 40 CFR 52

. 21 or R307 -405 submits a complete appli ation under the relevant regulations

. The trigger date is : (A) In the case of particulate matter and sulfur dioxide, August 7, 1977, and (B) in the case of nitrogen dioxide, February 8, 1988

. (iii) The baseline date is established for each pollutant f or which in9rements or other equivalent measures have**bee~** established if : (A) the area in which the proposed source or modification would construl.t is designated as attainment or unclassifiable under section 07(d) (i) (D) or (E) of the Act for the pollutant on the date of i s complete application under 40 CFR 52 .21 or R307- 405 ; and 

### l (B)**in t~e**  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

. 

### (i v) 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 availab le PMlO increments, except that the executive secretary shall rescind a minor source baseline date where it can be shown
, to the satisfaction of the executive secretary, that the emissions increase from the maj or stationary**so~rce,** or net emissions increase from the major modification, responsible for triggering that date did not result in a

### significa~t amount of PM10 emissions

. (b) Inl the definition of "baseline area" in 40 CFR 52 .2 1 (b) (15) (ii) (b) insert the words "or R307-405" after "Is subject to 40 CFR 52

. 21"

. (c) "Reviewing Authority" means the executive secretary. (d) (i) The term "Administrator" shall be changed to1 2 3 4 5 6 7 8 9 10 11 1/. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 R307-405-3 August 17
, 2010 Page 2 of. 4

"executive secretary " throughout R307-405, except as provided in (ii)

. (ii) The term "Administrator" shall be changed to "EPA AdministraLor" in the following incorporated secti<pns : (A) 40 CFR 52.21 (b) (17) I (B) 40 CFR 52

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

. 21 (b) (43) I (D) 40 CFR 52

. 21 (b) (48) (ii) (c), (E) 40 CFR 52

. 21 (b) (50) (i) I (F) 40 CFR 52

. 21 (l) (2) I (G) 40 CFR 52

. 21 (p) (2), and (H) 4 0 CFR 51

. 1.6 6 (q) (2 ) (i v)

. (e) The following definitions or po:rLions of definj lions that apply to the equipment repair and replacement provisions are not incorporated because these provisions were vacated by the DC Circuit Court of Appeals on March 17, 2006 : (i) in the definition major**modi ficat~on**  in 40 CFR 52

. 21(b) (2), the second sentence in subparagraph (iii) (a)
, (ii) the definition of "process**uni~"** in 40 CFR s2

. 21(b)(5s), 1 (iii) the definition of "f unctionally equiv4lent component " i n 40 CFR 52 .21 (b) (56), (iv) the definition of "fixed capital cost" in 40 CFR 52 .2 1 (b) (57), and (v) the definition of "total capital investment" in 40 CFR s2

. 2l(b)(5s)

. 

## I (f) In the definition of "Regulated NSR pollutant" in 40 CFR**5~1** (b) (SO), subparagraph (iv)

. shall**~~hanged** to read,**~y** pollutant that otherwise is subject to regulaLion under the Act

. "

A new subparagraph (v) shall be added that reads, "The term regulated NSR pollutant shall not include any or all hazardous air pollutants either**l~sted** in section 1 12 of the**f~deral** Clean Air Act, or added to the list pursuant to section**1~2** (b) (2) of the federal Clean Air Act, and which have not been delisted pursuant to section 112 (b) (3) of the federal Clean Air Act, unless the listed hazardous air pollutant is also regu lated as a constituent

or precursor of a**gen~a J**  pollutant

_listed**unde~section 1~8**  o! the federal Clean Air Act

. " (3) "Air Quality Related Values," as used in analyses under 40 CFR 52

. 21 (p) that is incorporated by reference
, in R307-405-17,

means those special att ributes of a Class I area, assigned by a federal land manager, that are adversely affected by air quality

. (4) "Heat input" means heat input as del'ned in 40 CFR 52

. 0l(g)
, that is hereby incorporated by reference (5) "Title V permit" means any permit or roup of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to R307-415

. (6) 11Title V Operating Permit Program" means R307-415. (7) The definition of "Good Engineering Practice (GEP) Stack Height " as defined in R307-410 shall appJy in this rule

. (8) The definition of "Dispersion Technique" as defined in R307-410 shall apply in this rule.1 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 

### 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 R307-405-3 August 17, 2010 Page 3 of 4

(9) 

### "Supject to regulation" means, for any air pollutant,**th a~t~t~h~e~**  

### -oilJtant is sub'ect to either a rovision in the federal Clean Air Act or a nationall -applicable regulation codified by the Administr tor in subchapter C of 4 

### 0 CFR Chapter I, 

### that**re~ires actu~l**  

### control o!_ the**quan~~** 

### of emi_§sion§__of _that pollutant, and that such a control requirement has taken effect:**~nd** 

### is**ope:r:~tive** 

### to_ control, limit or restrict the quantity of emissions of !hat pollutant released from the regulated activity

. Exce2!:___l.hat : (i)**"Gr~enhouse** 

### gases (GHGs)," the air pollutant defined in 40 --=c=F=-=R:-=-:--86

. 181 -12(a) (Federal Reister, Vol

. 75, Pa 

### e 25686) as Lhe aggregate group of six greenhouse gases : carbon dioxide, nitrous oxide, methane
, h drofluorocarbons, perfluorocarbons, and sulfur hexafl oride
, shall not be_subject to**regul~tio_!]** 

### except as provided in**p~ragraphs** 

### (iv) through (v) of this section

.

_ (ii) For _purposes of**J:>ar~raphs** 

### (iii) through (v) of this**~ection,** 

### the term "tons per year (tpy) C02 equivalent emissions (C02e)" shall _Eepresent an amount of GHGs emitted, and shall be computed as follows : (a) Multiplying the mass amount of emissions (tpy)
, for each of the six**gr~enhouse** 

### gases in the pollutant GHGs, by the gas's associated lobal warmin otential ublished at Table A-1 to sub art A of 0 CFR Part 98- GJ obal Warmin Polentials, that is hereb incor o ated b reference (Federal Re ister, Vol

. 74
, Pa es 56395-96)

. (b) Sum the resultant value from ara ra h (ii) (a) of this section for ea

. h gas to compute a tpy C02e

. (iii) The term "emissions increase" as used in paragraphs (iv) through (v) of this section shall mean that both a significant emissions increase (as calculated using the procedures in 40 CFR 52 .21 (a) (2) (iv) that is incorporated by reference in R307-405-2) and a significant net emissions increase (as defined in paragraphs 40 CFR 52.21 ( ) (3) and (b) (23) that is incor orated b reference in R307-405-3) occur

. For the ollutant GHGs, an emissions increase shaLl. be based on t C02e, and shall be calculated assumin the ollutant GHGs is a re ulated NSR ollutant, and ''significant '' is defined as 75 ,000 tpy C02e instead of applying the value in paragraph 40 CFR 52 .2 1 (b) (23) (ii)

. (iv) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: (a) The stationary source is a new major stationary source for a**regulate~** 

### NSR pollutant that is not GHGs, and also will emit

or will have the otential to emit 75,000 t C02e or more; or (b) The stationar source is an existin rna· or stationar

source for a egulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and

an emissions increase of 75,000 tpy C02e or more; and, (v) Beginning July 1, 2011, in addition to the provisions in paragraph (iv) of this section, the pollutant GHGs shall also be subject to regulation (a) At a new stationary source that will emit or have the potential to**e~it** 

### 100,000 tpy C02e; orR307-405-3 August 17 1 2010 Page 4 of 4

1 (b) At an existin stationar source that emits or has the 2**po~ential** Lo emit 100 1 000 tpy C02e l

_**~f?.en** such s atjonary source 3 undertakes 

### a physical change or change in the m et od of operation 4 that will resuJ t in an emissions increase of 75
1 000 tpy C02e or 5 more. 6 7 KEY: air pollution, PSD, Class I area 8 Date of Enactment or Last Substantive Amendment:**~~t:-y -5** **,** 9 20.0S] 2 0 1 1 10 No tice of Continuati on: February 5, 2009 11 Authorizing, and Implemented or Interpreted Law : 19-2

- 104 121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ] 9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 R307-415-3 August 17
, 2010 Page 1 of 6

R307. Environmental Quality, Air Quality. R3 07-415

. Permits: Operating Permit Requi rements. R307-415-3

. Definitions. (1) The

### ~efinitions contained in R307-101-2 apply throughout R307-415, excebt as specifically provided in (2). (2) The [ollowing additional definitions apply Lo R307-415. "Act" mea[s the Clean Air Act, as amended, 42 U

. S .C. 7401, et seq

. "Administ ator" means the Administrator of EPA or his or her designee. "Affected States" are all states : (a) Whose air quality may be affected and that are conliguous to Utah ; or (b) Thatl are within 50 miles of the permitted source. "Air Pollutant" means an air pollution agent or combination of such agents, including any physical, chemical, biological, or radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into

or otherwise enters the ambient air

. Such term Lncludes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors f or the particular 1purpose for which the term air pollutant is used

. "Applicab+e requirement" means all of the following as they apply to emilssions units in a Part 70 source, including requirements tpat have been promulgated or approved by the Board

or by the EPA through rulemaking at the time of permit issuance but have future-effective compliance dates: (a) Any standard or other requirement provided for in the State Implementation Plan ; (b) Any term or condition of any approval order issued under R307-401; (c) Any

1standard or other requirement under Section 111 of the Act, Stantlards of Performance for New Stationary Sources, including Section 111(d) ; (d) Any !standard or other requirement under Section 112 of the Act, Hazdrdous Air Pollutants, including any requirement concerning accident prevention under Section 112(r) (7) of the Act; (e) Any standard or other requirement of the Acid Rain Program under Title IV of the Act or the regulations promulgated thereunder; (f) Any requirements established pursuant to Section 504(b) of the Act, Monitoring and Analysis, or Section 114(a) (3) of the Act, Enhanced Monitoring and Compliance Certification; (g) Any

### ~tandard or other requirement governing solid waste incineration,**~nder** Section 129 of the Act; (h) Any standard or other requirement for consumer and commercial products, under Section 183(e) of the Act; (i) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Acl, unless the Administrator has determined that such requirements need not be contained in an operating permit; (j) Any national ambient air quality standard or increment1 2 3 4 

### s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 R307-415-3 August 17
, 2010 lage 2 of 6

or visibility requirement under part C of Title I of the Act, buL only as 

### iL would apply to temporary sources**permi~ted** pursuant to Section**~04(e)** of the Act; (k) Any standard or other requiremenL under rules adopted by the Board

. "Area source " means any stationary source**tha~** is not a major
source

. "Designated representative" s.hall have the meaning given to i L in Section 402 of the Act and in 40 CFR Se<ftion 72

. 2
, and applies only to Title IV affected sources. "Draft permit" means the version of a permit for which the Executive Secretary offers public parLicipation under R307-415

- 7i

or affected State review under R307-415-8(2)

. 

### I "Emissions allowable under the permiL" mearls a federallyenforceable permit term or condition determined at issuance to be required by an applicable requiremenL that establishes an emissions limit, including a work practice standard, or a federally enforceable emissions cap that Lhe source has assumed to avoid an applicable requirement to which**th~** source would olherwise be subject

. I "Emissions unit" means any part or activity of a stationary

source that emits or has the potential to emit**a~** regulated air pollutant or any hazardous air pollutant

. This t rm is not meanl to alter or affect the definition of the term "un't" for purposes of Title IV of the Act, Acid Deposition Control

. "Final permit" means the version of an operating permit issued by the ExecuLi ve Secretary that has completed all review procedures required by R307-415-7a through 7i and R307-415-8. "General permit" means an operating permit that meeLs the requirements of R307-415-6d

. "Hazardous Air Pollutant'' means any pollutant listed by the Administrator as a hazar dous air pollutant under Section 112(b) of the Act

. 

## I "Major source" means any stationary source 

## Un any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control ))**belong~ng** to a single major industrial grouping and that are described in paragraphs (a), (b)
, or (c) of this definition

. For the purposes of defining

"major source , 11 a stationary source or group of stqtionary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of

sources on contiguous or adjacent properties belong to the same Major Group (all have the same two-digit code) as described in the Standard Industrial Classification Manual,

### 198~**.** Emissions resulting directly from an internal combustipn engine for transportation purposes or from a non-road Vehicle shall not be considered in determining whether a stationary source is a major

source under this definition

. (a) A major source under Section Air PolluLants, which is defined as : radionuclides, any stationary source 112 of the Act
, Hazardous for pollulants other than

or group of stationary1 2 3 4 5 6 7 8 9 

### 10 11 12 13 14 15 16 17 1 8 19 

### 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 

### 50 51 52 R307-415 3 

### August 17, 

### 2010 Page 3 of 6

sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten tons per year or more of any hazardous air pollutant or 25 

### tons per year or more of any combination of such hazardous air pollutants

. Notwithstanding the precedi ng sentence, emissions from any oil or gas exploraLion or production well, with its associated**eq~ipment ,**  

### and emissions from any pipeline compressor or pump statidn shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are mpjor sources

. (b) A**m~jor** 

### stationary source of air pollutants, as defined in Section**3~2** 

### of the Act, that directly emits or has lhe potential to elmit, 100 tons per year or more of any air polJutant subject to rdgulation, including any major source of fugitive emissions or fugitive dust of any such pollutant as determined by rule by the Administrator. The fugitive emissions or fugitive dust of a stationary source shall not be considered in determining whether j t 

### is a major stationary source for the purposes of Section 302(j) l 

### of the Act, unless the source belongs to any one of the following categories of stationary source : (i) Coal cleaning plants with thermal dryers; (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Prifary zinc smelters; (v) Iron and steel mills; (vi) Pri ary aluminum ore reduction plants; (vii) Pr 'mary copper smelters ; (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Limg · plants ; (xii) Ph sphate rock processing plants; (xiii) C ke oven batteries ; (xiv) Sulfur recovery plants; (xv) Carbon black plants, furnace process; (xvi) Primary lead smelters; (xvii) Fuel conversion plants ; (xviii) Sintering plants; (xix) Secondary metal production plants ; (xx) Chemical process plants; (xxi) Fossil-fuel boilers, or combination thereof, tolaling

more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil- fuel-fired steam electric plants of more than 250 

### million British thermal units per hour heat input; (xxvii) Any other stationary source category, which as of1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 R307-415-3 August 17, 2010 Page 4 of 6
August 7, 1 980 is being regulated under Section 111 or Section 112 of the Act. (c) A major stationary source as defined in part 

### D of Title I of the Act, Plan Requirements for Nonattainment Areas, including : (1) For ozone nonattainment areas, sources with the potential to emit 100 tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal"

or "moderate, " 50 tons per year or more in c:treak classi.f i.cd as

" serious," 25 tons per year or more in areas classified as

" seve1 e," and 10 tons per year or more in areas classified as

"extreme" ; except that the references in this paragraph to 100, 50, 25, and 10 tons per year of nitrogen oxides Jhall noL apply with respect to any source for which the Administ ator has made a finding, under Section 182(£) (1) or (2) of the Act, that requirements under Section 182(f) of the Act do no apply ; (ii) For ozone transport regions establislt.ed pursuant to Section 184 of the Act, sources with the potential to emit 50 tons per year or more of volatile organic compounds; (iii) For carbon monoxide nonat tainment b.reas that are classified as "serious " and in which stationary soJrces contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tons per year or more of carbon monoxide;

1 (iv) For PM-10 particulate m atter nonatttainment areas classified as "serious," sources with the potential to emit 70 tons per year or more of PM-10 particulate matter

. "Non-Road Vehicle" means a vehicle that is powered by an internal combustion engine (including the fuel system), that is not a sel f -propel led vehicle designed for**transpo~ting** persons or property on a street or highway or a vehicle used solely for competition, and is not subject to standards promulgated under Section 111 of the Act (New Source Performance! Standards) or Section 202 of the Act (Motor Vehicle Emission Starldards)

. "Operating permit" or "permit," unless the dontext suggests otherwise
, means any permit or group of permits covering a Part 70

source that 

### is issued
, renewed, amended, or revised pursuant to these rules

. j "Part 70 Source" means any source subject to the permitting requirements of R307-415, as provided in R307-415-4. "Permit modification" means a revision to an dperating permit that meets the requirements of R307-415-7f. 1 "Permit revision" means any permit m0dification or administrative permit amendment

. "Permit shield" means the permit shield as**de~cribed** in R307- 415-6f.

11Proposed permit" means the version of a permit that the Executive Secretary proposes to issue and forwards to EPA for review in compliance with R307-415-8

. 1 "Renewal '' means the process by which a permit is reissued at the end of its term. "Responsible official" means one of the following :R307 415-3 August 17, 2010 Page 5 of 6

1 (a) For a cor-poration : a president, secretary, treasurer, or 2 vice-president of the corporation in charge of a principal 3 business function, or any other person who performs similar poUcy 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 deJegation of authority to such representative is 13 approved in advance by the Executive Secretary; 14 (b) For a partnership or sole proprietorship : a genera] 15 partner or the proprietor, respectively ; 16 (c) For a municipality, State, Federal, or other public 17 agency : eithETr 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 2 6 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 emiL 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 3 5 Administrator l 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,**lim~t** or restrict the quantity of emissions of that 39 pollutant released from the regulated activity. Except that : 40 (1) "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 hexaflupride
, shal l not be subj ect to regulation unless, as 4 5 of July 1
, 2C 11, the GHG emissions are at a stationary source 46 emitting or h!l.ving the potential to emit 100,000 tons per year 47 (tpy) C02 equivalent emissions. 48 (2) The term "tpy C02 equivalent emissions (C02e)" shall 49 represent an**~mount** of GHGs**~mitted,** and shall be computed by 50 multiplying the mass amount of emissions (tpy), for each of the 51 six greenhouse gases in the _pollutant GHGs, by the gas's 52 associated glqbal warming potential published at Table A-1 to I1 2 3 4 5 6 7 8 9 10 11 12 

### 13 14 15 16 R307-415

- 3 August 17
, 2010

## ~age 6 of 6
subpart A of 40 CPR Part 98-Global Warming Potentials, that is hereby**incoq~orated** 

### l:?Y_Eeference_ (Federal_**Re__giste!:J.~.** 

### Vol

. 74**~__** 

### Pages ?6395-961, and summing the resultant value for each Lo comEuLe a**~py** 

### C02e

. "TiLle IV Affected source" means a source that contains one or more affected units as defined in Section 402 of t he A ct and jn 

### 40 CFR, Part "/2

.
KEY: air pollution, environmental protection,**o~erating** per.mit, emission fees 

### I Date of Enactment or Last Substantive Amendment

# :1

. [NG¥embe.r-

-9, -2-0-0+] 2011 Notice of Continuation : July 13, 

### 2007 Authorizing, and Implemented or Interpreted Law: 2-104 19-2-109

. 1; 19

-

1