State of Utah 

CiARY R.lli\RHI:RT 

( ivwrnor 

GREG BELL 

L.teutenant Governor 

I. Call-to-Order 

Department of 

Environmental Quality 

Amanda Smith 

f:xecunve Dtrector 

DIVISION OF AIR QUALITY 

Ch cry I II eying 

Vi reel or 

UTAH AIR QUALITY BOARD MEETING 

DRAFT AGENDA 

Wednesday, September 1, 2.010 

1:30 p.m. 

195 North 1950 West, Room 1015 

II. Date of the Next Air Quality Board Meeting: October 6, 2010 

Ill. Approval of the Minutes for the August 4, 20 l 0, Board Meeting. 

Air Quality Board 

Ernest E. Wessman, Chair 

Stephen C. Sands 11, Vice-Chair 

13renl C Brad lord 

Nan Bunker 

Joel E. Elstcin 

Kerry Kelly 

Robert Paine Ill 

If. Crnig Pctcrs~.:n 

Amanda Smith 

Darrell H. Smith 

Kathy Van Dame 

Cheryl Heying, 

Execufrve Secretary 

DAQ-038-1 0 

IV. Propose for Public Comment: Incorporate the EPA Greenhouse Gas (GHG) Tailoring rule. Amend 

R307-401-9. 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. Permits: 

Operating Permit Requirements. Definitions. Presented by Regg Olsen. 

V. Propose for Public Comment: Operating Permit Program Fee for Fiscal Year 2012. Presented by 

David Beatty. 

V I. lnformational ltems. 

A. Kennecott Bingham Canyon Mine Expansion Project. Presented by Chris Kaiser. 

B. Air Taxies. Presented by Robert Ford. 

C. Compliance. Presented by Jay Morris and Harold Burge. 

D. Monitoring. Presented by Bo Call. 

In compliance with the American with Disabilities Act, individuals with special needs (including auxiliary communicative aids and 

services) should contact Brooke Baker, Oftice of Human Resources at (80 I) 536-4412 (TDD 536-4414). 

J 95 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 ·Salt Lake Ciiy, Utah 84114-4820 

Telephone (801) 536-4000 • Fax (801) 536-4099 • T.D.n (80 I) 536-4414 

www deq utah.gov 

Pnnted on I 00°'o recycled paper 

State of Utah 

GARY R. IIERRERT 

(i(}ll('/'110/" 

(iRI·(i HFil 

I wult'lltllll (inn•r11or 

Department of 

Environmental Quality 

Amanda Sm1th 

£xec111ive Direc/or 

DIVISION OF AIR QUALITY 

Cheryl Heying 

/)ireclor 

MEMORAN D UM 

TO: A1r Quality Board 

T HROUGH : Cheryl Ileying, Hxecutivc Secretary 

FROM: Regg Olsen, Permitting Branch Manager 

DATE: August 17,2010 

DAQ-039-1 0 

SUBJ ECT: PROPOSE FOR PUBLIC COMMENT: Incorporate the EPA Greenhouse Gas (GHG) 

Tailoring rule. Amend R307-40 1-9. Perm1t: New and Modified Sources. Small Source 

Exemption; R307-405-3. Permits: Major Sources in Attainment or Unclassified Areas 

(PSD). refimtions; and R307-415-3. Permns: Operating Permit Requm;ments. 

Dciinitipns. 

On May 13, 20 I 0, the Environmental ProtectiOn Agency (EPA) issued a final rule that addresses 

greenhouse gas em1ssions 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 Source Review Prevention of Significant Deterioration (PSD) and Title 

V Operating Permit programs. 

The proposed amendments to R307-405-3 and R307-415-3 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 pennitting Utah sources of GHG. Without the changes, the EPA plans to issue a State 

Implementation Plan call directing these changes, followed by the implementation of a Federal 

Implementation Plan (Frp) which would make the EPA the permitting authority for Utah sources of GIIG. 

The proposed amendment to R307-401-9 would exclude sources whose GHG emissions are below the 

established EPA thresholds for GHG from the requirement to obtain an Approval Order. 

On June 24, 20 I 0, Utah Division of Air Quality staff conducted an informational meeting for interested 

parties to explain the changes needed to meet the new GHG permitting requirements and to answer 

questions. In addition, WF have had these proposed changes and other information regarding GHG 

195 North 1950 West· Salt Lake Cny, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 841 14-4820 

Telephone (RO I) 536-4000 • Fax (80 I) 536-4099 • T.D.D. (80 I) 536-4414 

""'~•· deq.111nh.gov 

Pnn1ed on I 000 • recycled paper 
D/\Q-039-10 

Page 2 

pennttting posted on our web site since June 24,2010. (The web site is at 

http://www.airquality.utah.gov!Public-Intcrcst/green_ house_ gases/TailoringRuleFactSheet.pdf.) To date. 

we hnvc received no feedback, questions or concerns. 

Staff R.9fQ!!1mcnQ_attOn: Staff recommends that the Board propose amendments to R307-40 1-9, R307-405-

3, and R307-415-3 for public comment. 
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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 emissions 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 c hemical c hange , 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 o p erator 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 18 0 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 

e x emption 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 e xecutive 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 e missions; 

(d) esti~ated annu al emission rates; 

(e) any control apparatus used; and 

(f) typical operating schedule . 

(4) An exemption under R307-401 -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 for 
R307-401 9 August 17 , 2010 I Page 2 of 2 

1 greenhouse gas es under R307-401 . This exe mption does not affec t 

2 th~ ~uj rement_ to obtain an ~roval order for1 any other a i r 

3 contami nant ~mitted by t he stati onary s ource . 

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5 KEY: air pollution, permits, approval orders 

6 Date of Enactment or Last Substantive Amendment: F~l:;>-Ftiary S-, 

7 2--G-0-8 ] 2 0 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 

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R307 40 5 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) . 

R307-4 05-3. Definitions. 

(J) Except as provided in (2) below, the definitions 

conlained in 40 CFR 52 .2 l(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 a pproves 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; a n d 

(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 emit ted 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) In l the definition of "baseline area" in 40 CFR 

52 .21 (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 to 
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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) 4 0 CFR 52 . 21 (l) ( 2) I 

(G) 40 CFR 52 . 21 (p) (2), and 

(H) 4 0 C FR 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 "functionally equiv4lent component " 

i n 40 CFR 52 .21 (b) (56), 

(iv) the definition of "fixed capital cost" in 40 CFR 52 .21 

(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 112 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~aJ 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. 
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R307-405-3 August 17, 2010 Page 3 of 4 

(9) "Supject to regulation" means, for any air pollutant, tha~t~t~h~e~ -oilJtant is sub'ect to either a rovision in the federal 

Clean Air Ac t 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 .21 (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 exist in 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; or 
R307-405-3 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 met od of operation 

4 that will resuJ t in an emissions increase of 75 1 000 tpy C02e or 

5 more. 

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7 KEY: air pollution, PSD, Class I area 

8 Date of Enactment or Last Substantive Amendment: ~~t:-y-5 , 

9 2 0.0S] 2 01 1 

10 No tice of Continuati on: February 5, 2009 

11 Authorizing, and Implemented or Interpreted Law: 19-2 - 104 

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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) That l 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 particular1purpose 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 increment 
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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 a ny stationary source tha~ is not a major 

source . 

"Designated representative" s.hall have the meaning given to 

i L in Section 4 02 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 permi L" 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 ha zardous 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 stationary 
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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 of 
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R307-415-3 August 17, 2010 Page 4 of 6 

August 7, 1980 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 nona t 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 matter 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. 11 Proposed 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 do llars; 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 lin subchapter C of 4 0 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 

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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 40 2 of t he Act 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+] 2 011 

Notice of Continuation : July 13, 2007 

Authorizing, and Implemented or Interpreted Law: 

2-104 

19-2-109 . 1; 19 -

1