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OAR Box 1793 

Prepped by Keeia Richards 

Document Number: 

29) ll-F-72 

Docket Number: 

A-90-37 

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Research Tnangle Park, NC 27711 

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(27) Indian Reservation means all land within the 

limits of any Indian Reservation under the jurisdiction of 

the United States Government, notwithstanding the issuance 

of any patent, and including rights-of-way running through 

the reservation. 

(31) Pollution control proiect means: 

(i) Any activity or project undertaken at an existing 

emissions unit which, as its primary purpose, reduces 

emissions of air pollutants from such unit. Such activities 

or projects do not include the replacement of an existing 

emissions unit with a newer or different unit or the 

reconstruction of an existing emissions unit and are limited 

to any of the following: 

(A) The installation of conventional and advanced flue 

gas desulfurization and sorbent injection for S02; 

(B) Electrostatic precipitators, baghouses, high 

efficiency multiclones, and scrubbers for particulate or 

other pollutants; 

(C) Flue gas recirculation, low-NOx burners, selective 

non-catalytic reduction and selective catalytic reduction 

for N0X ; 

(D) Regenerative thermal oxidizers, catalytic 

oxidizers, condensers, thermal incinerators, flares and 

carbon absorbers for volatile organic compounds and 

hazardous air pollutants; 

(E) Activities or projects undertaken to accommodate 

switching to an inherently less polluting fuel, including 

but not limited to natural gas or coal rebuming, or the 

cofiring of natural gas and other inherently less polluting 

fuels for the purpose of controlling emissions, and 

including any activity that is necessary to accommodate 

switching to an inherently less polluting fuel; and 

(F) Pollution prevention projects which are determined 

by the permitting agency, through a process which includco 

public notice and opportunity for public comment consistent 

with section 51.161 of this part, to be environmentally 

beneficial. Pollution prevention projects that may result 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** November 8, 1995 -- [filename 51166rvl.107] *** 
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in an unacceptable increased risk from the release of 

hazardous pollutants are not environmentally beneficial. 

(G)Installation of a technology for purposes set forth 

in this section, but which is not listed in paragraph (A) -

(E) above and meets the following: 

(1) Its effectiveness in reducing emissions pollutant 

has been demonstrated in practice to be comparable to 

technologies identified in paragraphs (A)-(E) of this 

section; and 

(2) It is determined bv the permitting authority. 

consistent with section 51.161 of this part to be 

environmentally beneficial. 

**** * 

(38) Federal Class I area means any Federal lands 

within the United States either designated by Congress as 

Class I pursuant to section 162(a) of the Act (and which may 

not be redesignated) or redesignated as Class I pursuant to 

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, 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 whole or in part 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; 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

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and certain other types of "pollution prevention" projects.18 

For instance, under these proposed regulations, VOC users who 

switch to water-based or powder paint application systems as a 

strategy for meeting RACT or switch to a non-toxic VOC to comply 

with maximum achievable control technology (MACT) requirements, 

could qualify for this exclusion. 

Accordingly, under today's proposal permitting authorities 

would be allowed to consider excluding from major NSR raw 

material substitutions, process changes and other pollution 

prevention strategies where the proposed changes are determined 

to be environmentally beneficial as discussed below. See 

proposed sections 51.165 (a) (1) (xxv) (A) (6.) , 51.166 (b) (31) (i) (F) , 

52.21(b)(32)(i)(F). 

b. Safeguards 

(1) General Applicability 

For the purpose of today's proposed exclusion, a pollution 

control project is an activity or project at an existing 

18 As defined in proposed sections, pollution prevention, 

means any activity that through process changes, product 

reformulation or redesign, or substitution of less polluting raw 

materials, eliminates or reduces the release of air pollutants 

and other pollutants to the environment (including fugitive 

emissions) prior to recycling, treatment, or disposal; it does 

not mean recycling (other than certain "in-process recycling" 

practices), energy recovery, treatment, or disposal [see 

Pollution Prevention Act of 1990, Pub. L. No. 101-508, section 

6602(b) and section 6603 (5) (A) and (B), 42 U.S.C. sections 

13101(b) and 13102(5)(A) and (B); see also "EPA Definition of 

'Pollution Prevention,'" memorandum from F. Henry Habicht II, May 

28, 1992] . 

PRELIMINARY STAFF WORKING DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW * DOES NOT REPRESENT OFFICIAL EPA POLICY 

•••November 8, 1995 [file name: Masterl.107] ••• 
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emissions unit where the primary function of such activity is the 

reduction of air pollutants subject to regulation under the Act 

at that unit. See proposed sections 51.165(a)(1)(xxv), 

51.166(b) (31) and 52.21(b) (31). The proposed exclusion would not 

be applicable to air pollution controls and emissions associated 

with a proposed new emissions unit. Consistent with the WEPCO 

rule and EPA's existing policy guidance the replacement of an 

existing emissions unit with a newer or different one (albeit 

more efficient and less polluting) or the reconstruction of an 

existing emissions unit would not qualify as a pollution control 

project. Similarly, the fabrication, manufacture or production 

of pollution control/prevention equipment and inherently lesspolluting fuels or raw materials would not qualify as pollution 

control projects (e.g., a physical or operational change for the 

purpose of producing reformulated gasoline at a refinery is not a 

pollution control project under the proposed exclusion). 

A point was raised to EPA that new pollution control 

technologies are likely to be developed over time that will meet 

the same criteria that technlogies named above have met. 

Conseguentlv, a process would be useful whereby such a new 

technology gualifies as a "pollution control proiect" when a 

history of performance has been established. The EPA is 

therefore proposing that new technologies which meet the 

following criteria be considered eligible for a pollution control 

PRELIMINARY STAFF WORKING DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW • DOES NOT REPRESENT OFFICIAL EPA POLICY 

•••November 8, 1995 --- [file name: Masterl.107] ••• 
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proiect exclusion: (1) it has been installed for the purposes of 

a pollution control proiect as defined in the regulation; (2) it 

has been demonstrated in practice to achieve a level of'emissions 

reduction that is comparable to technologies that have are 

considered by EPA to be eligible for a pollution control proiect 

exclusion; (3) it has been determined bv the permitting authority 

to be environmentally benficial. See proposed 40 CFR 

51.165(a) (1) (xxv) (A) (7), 52.21(b) (32) (i) (G) and 

51.166(b)(31)(i)(G). The EPA solicits comment on extending the 

pollution control proiect exclusion to new qualifying 

technologies and the gualification criteria. 

The EPA also solicits comment on whether applicability of 

the pollution control project exemption should be extended to 

"cross media" pollution control projects, and whether they should 

be required to meet the "environmentally beneficial" test.19 

To qualify for this exemption, as for all pollution control 

projects, a "cross media" pollution control project could not 

19 A "cross media" pollution control project could be 

defined as either a control technology or application to comply 

with limitations established under other Federal environmental 

laws (e.g., Safe Drinking Water Act or Clean Water Act) that 

results in emissions to the atmosphere. For example, to comply 

with an effluent limitation established under the Clean Water 

Act, a source chooses to install a control device that removes 

the pollutant from the wastewater stream and discharges it into 

the atmosphere. This type of pollution control project could 

qualify for the exclusion provide it is environmentally 

beneficial. 

PRELIMINARY STAFF WORKING DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW • DOES NOT REPRESENT OFFICIAL EPA POLICY 

•••November 8, 1995 [file name: Masterl.107] •••