p.1 

OAR Box 1796 

Prepped by Keeia Richards 

Document Number: 

33) IV-H-59 

Docket Number: 

A-90-37 

Printed 10/31/2008 4:20:37PM Sheet 33 of 107 
P.2 

ft/22/02 FRI 16:12 FAX 919 541_5509 

NDU-21-2002 2i:i B 

OPG IIG EPA (2)009 

PAGf 

To: 

Fox# : 

Prom: 

FAX TRANSMISSION 

OFFICE OF INFORMATION AND R£6ULATOFLV AFFAIRS 

OFFICE Q? MANAGEMENT AND BUDGET 

NATURAL RESOURCES. ENga&y ANO ASWCULTUDC BRANCH 

725 17th Street, NW. Room 10202 

Washington. _C 205O3 

Office: 202-395-3084/F«: 202-395-72B5 

L/riA rf cfJisefL 

1'7-677-&S7 

Date. 

Pages; 

) Art Fraas 

) Rich Theroux 

) Jim Laity 

) Amanda Lee 

,Sl^Amy Farrell 

) Bryon Allen 

) Margie Malanosk. 

) David Rostker 

) Ruth Salomon 

) Edmcnd Toy 

including this; cover sheet. 

1 

NOV 2 2 2002 

Comments: 

Li i/ i y\ 

9°^ f 

QJI\SU msho^ o^ rule AUfisk... 7TV/ ^^ ^ 

^^^3 ^// /rUkt. r 

F*J(SH?GT.*tt» 
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 P "05/23E|OO2 

Internal and Deliberative Draft- Do not quote, cite, copy, or distribute. 

51.165 Amendatory Language 11/19/02 

(D) This definition shall not apply with respect to a 

particular regulated NSR pollutant when the major stationary 

source is complying with the requirements under paragraph 

(f) of this section for s^PALs- for that pollutant. Instead, 

the definition at paragraph, (f) (2) (viii) of this section 

shall apply. 

(vi)(A) Net_emissions increase means* with respect to 

any regulated NSR pollutant emitted fay a major stationary 

source, the amount by which the sum of the following exceeds 

zero: 

(1) The increase in emissions from a particular 

physical change or change in the method of operation at a 

stationary sourcs^/affi^^ 

(f^trW^f^^^^m^^^: and 

(2.) Any other increases and decreases in actual 

emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise 

creditable. Baseline kcfe^l-Tiemissions for calculating 

increases and decreases under this paragraph 

(a) (1) (vi) (A) (i£) shall ba determined as provided in 

paragraph (a) (1) (xxxv) of this section, except that 

paragraphs (a) (1) (xxxv) (A) '_) and (a) (1) (xxxv) (B) (it*) of 

this section shall not app 1 y-~Pr'scn'cl 

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 r

- ^ *" 

Internal, and DeliherafcivQ- Dra£t- Do not quota, «ifee, copy, or dia-triiute . 

Novejttbaa: 19, 20p2 ^""^ 

relevant terminology for calculating a puat modifii-abioii 

fchanaeVpre-chancre emissions—rrrcreaise' for most applications 

is now "baseline actual emissions" rather than "actual 

emissions.^ You may use any consecutive 24-month period in 

the past -IO years to determine your baseline actual 

emissions. Second, we are supplementing the existing 

•^ctual^lto potential "a ctua'l^o-pot en tial applicability test 

with an ^actual Lo pioiairted-a£taalfl'actlual-to-pro1ectedactual' applicability test for determining if a non-routine 

physical or operational change- at an existing emissions unit 

will result in an emissions increase. Notwithstanding the 

new test, you will still have the ability to conduct an 

"actual to-poleritdAl^gctual-to-potential type test within 

the new "actual to/j± uje.i-.Lfaq- act ual "actual- to-proiect ed-

.actual applicability test. In this case, you will not be 

v V ({ri. ltU>V\A «* ' -•• — "-

subject to cMKi n recordkeeping requirements that *woulelO £&/•*& acW 

afehcrxwliifc. apply T &>rV^nR^' 

For EUSGUs, we are making several changes to the ^ ^^'^<^x]rw\) 

existing procedures and are codifying our current policy for 

calculating the baseline actual emissions. That is, the 

baseline actual emissions for .EUSGUs is the average rate, in 

tons ivei: •vcarrt-Qy, at which that the unit actually emitted 

the pollutant during a 2-year (consecutive 24-month) period 

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J.l/22/02 06:36 FAX 919 541 2357 US EPA EMAD-OD ®002 

• NDU-21-2802 21'09 

Interna l .and Deliberativ e Draft- Do no t quoto, eito , copy-, or distribute . 

vH ^ ^ ^f^rac^) or report—yottr post-change emissions 

As discussed earlier, the cn-greiTt regulations provid 

that when your emissions unit, other than an eleut'riL. 

uLl^ily stream igener&ting unit '(EUSGUS, "has not begun normal 

operations," actual emissions equal the PTE of the unit. 

There ha«rve been considerable issues raised with this 

approach. For example, using potential Lu emiLPrF. as a 

measure of post-change emissions automatically attributes 

all possible emissions increases to the change. There are 

many cases, however, where this simply is not true. 

Moreover, when the actual-to-potential test is applied^ it 

is automatically assumed that the emissions unit has not 

begun normal operations after the change period. In many 

such cases, however, the changed unit as a practical matter 

will function essentially as it did before the change. We 

are, therefore, allowing all existing emissions units to use 

an actual-to-pro jected-actual Cauia-s-iuiigapplicabi.l j^y test. 

Accordingly^ we are eliminating the term

 v,vbegun normal 

operations" from the determination of whether a change 

results in a significant emissions increase.17 

We do make use of the term "resumes regular operations" 

(as opposed to "normal operations") in the -final rule-—B^ 

but that term has a very different meaning and we are using 

ir for an entirely different purpose. Specifically, we are 

51 
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tfovembar 10,. 2002 

the selected 24-month baseline period and is not related to 

the change. Accordingly, you will calculate the unit's 

projected actual emissions as the product of: (1) the hourly 

emissions rate, which is based on the emissions unit's 

operational capabilities following the change(s), taking 

into account legally enforceable restrictions that could 

affect the hourly emissions rate following the change(s); 

and (2)l_the projected level of utilization, which is based 

on both the emissions unit's historical annual utilization 

rate and available information regarding the emissions 

L^-chanqe capacity utilization. In 

calculating the projected actual emissions, you should ' 

-consider both the expected and the highest projections of 

the business activity that you expect could be achieved and 

that are consistent with information your company publishes 

A for business-related purposes- such as a stockholder 

\ (*• yy| prospectus, or applications for business loans.] „„when • 

determining projected actual emissions before beqjj-wrfrncT 

ijaatual construction, vou must crgTi 

Us) that, .are 

thev resume., normal 

ope rati 00,7^1 From the initial calculation, you may then make 

the appropriate adjustment to subtract out any,portion of 

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5L165 Amendatory Language 11/19/02 

fC) An increase or decrease in actual emissions is 

Creditable only if: 

(i.) It occurs within a reasonable period to be 

specified by the reviewing authority; and 

(<2) The reviewing authority has not relied on it in 

issuing a permit for the source under regulations approved 

pursuant to this section, which permit is in effect when the 

increase in actual emissions from the particular change 

occurs; and 

(2) The increase or decrease in emissions did not 

occur at a Clean Unit, except as provided in paragraphs 

(c)(8) and (d)(10) of this section. 

• * * * * 

(E) + •* * 

(2) It is enforceable as a practical matter at and 

after the time that actual construction on the particular 

change begins? and 

•A- * * * * 

•A) It has approximately the same qualitative 

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w-z 

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51.165 Amendatory Language 11/19/02 

jTe^^-^enforceabie during the consecutive 24-month period. 

(3) When a project involves yliysslcal uhiunyu^ to or 

uhaiaiyui, in Llm mt-lhuJ of uperation uf multiple emissions 

.units, only one consecutive 24-month period may be used to 

determine the baseline actual emissions for the emissions 

units being changed. 

(±) The average rate shall not be based on any 

consecutive 24-month period for which there is inadequate 

formation for determining annual emissions, in tons per 

year, and for adjusting this amount if required by paragraph 

(a) (1) (xxxv) (A) (2.) of this section. 

(B) For an existing emissions unit (other than an 

electric utility steam generating unit), baseline actual 

emissions means the average rate, in tons per year, at which 

the emissions unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or 

operator within the 10-year period immediately preceding 

either the date the owner or operator begins actual 

construction of the project, or the date a complete permit 

application is received by the reviewing authority for a 

permit required either under this section or under a plan 

approved fay the Administrator, whichever is earlier, except 

that the 10-year period shall not include any period earlier 

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5L165 Amendatory Language 11/19/02 

than November 15, 1990. 

UJ The average rate shall include fugitive emissions 

to the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(Z.) The average rate shall be adjusted downward to 

exclude any non-eompllant emissions that occurred while the 

source was operating above an emission limitation that was 

A&f^n'' I'^tf^li^-enforceable during the consecutive 24-month period. 

&*" n (^) The average rate shall be adjusted downward to 

' exclude any emissions that would have exceeded an emission 

limitation with which the major stationary source must 

currently comply, had such major stationary source been 

required to comply with such limitations during the 

consecutive 24-month period. However, if an emission 

limitation is part of a maximum achievable control 

technology standard that the Administrator proposed or 

promulgated under part 63 of this chapter, the baseline 

actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment 

demonstration or maintenance plan consistent with the 

requirements of paragraph (a)(3)(li)(G) of this section. 

(4.) When a project involves physical Uiangij& La uj. 

changc-a. in tl'm iriethuU of opui-ntiun o£ multiple emissions 

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51.165 Amendatoiy Language 11/19/02 

preconstruction permit program tha t has been approved by the 

.Administrator and incorporated into the State'a,1 

•PittyleaneBUtttLiuii Plan1 (the plant- to implement the requirements 

of §51-166 of this s'hapteiyigcfl'ori^^p^. or under the 

program in §52.21 of this chapter. 

mamtBmsemitmsia^iii^siLwm. 

Mtt 

atfmfel (2) Applicability procedures. / t ^c^ i /^)/ X 

(i) Each plan shall adopt a preconstructipn review 

program to satisfy the requirements of sections/172 (b) (6)/ 

172(c)(5)/ and 173 of the Act for any area designated 

nonattainment for any national ambient air quality standard 

under 40 CFR 81.300 _____[. Such a program shall apply to 

any new major stationary source or major modification that 

is major for the pollutant for which the area is designated 

nonattainment under section 107(d)(l) (A) (i) of the Act, if 

the stationary source or modification would locate anywhere 

in the designated nonattainment area. 

(ii) Each plan shall use the specific provisions of 

paragraphs (a)(2)(ii)(A) through (F) of this section. 

Deviations from these provisions will be approved only if 

the State specifically demonstrates that the submitted 

provisions are more stringent than or at least as stringent 

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51.165 Amendatory Language 11/19/02 

these units before the project equals or exceeds the 

significant amount for that pollutant (as defined in 

paragraph (a) (l)(x) of this section). 

(E) Emis5ionjtas_t_for projects that involve clean 

Units. For a project that will be constructed and operated 

at a clean Unit without causing the emissions -unit to lose 

its Clean.Unit status! 

1____W^ 

oce^K to < 

no emissions increase is 

occur. 

(F) Hybrid test for projects that involve multiple 

types of emissions units. A significant emissions increase 

of a regulated NSR pollutant is projected to occur if the 

sum of the emissions increases for each emissions unit, 

using the method specified in paragraphs (a)(2)(ii)(C) 

through (E) of this section as applicable with respect to 

each emissions "unit, for each type of emissions unit equals 

or exceeds the significant amount for that pollutant (as 

defined in paragraph '(a) (1) (x) of this section) . For 

example, if a project involves both an existing emissions 

unit and a Clean Unit, the projected increase is determined 

by summing the values determined using the method specified 

in paragraph (a)(2)(ii)(C) of this section for the existing 

unit and using the method specified in paragraph 

(a)(2) (ii) (E) o£ tJj-is section for the Clean Unit. 

(iii) Stwplan shall require that for any major 

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51.165 Amendatory Language 11/19/02 

stationary source for whiuh Llm njui.-wii.-g aufchvj.iLy lia^ 

t=rs»t-Bljli3hed -a PAL for a regulated NSR pollutant, the major 

stationary source shall comply with requirements under 

paragraph (f) of this section. 

(iv) Tjfijxplan shall require that 'if^^si^ik^hW^t^^^&ii 

aniaas^i^JRf^'-MxPCPg {as defined in paragraph U ) (l) (xxv) of 

this section) shall comply with the requirements under 

paragraph (e) of this section. 

(3) * + * 

(ii) * * * 

(H) Decreases in actual emissions resulting from the 

installation of- add-on control technology or application of 

pollution prevention measures that were relied upon in 

designating an emissions unit as a Clean Unit or a project 

as a PCP cannot be used as offsets. 

(I) Decreases in actual emissions occurring at a Clean 

Unit cannot be used as offsets/ except as provided in 

paragraphs (c)(8) and (d)(10) of this section. Similarly, 

decreases in actual emissions occurring at a PCP cannot be 

used as offsets, except as provided in paragraph (e)(6)(iv) 

of this section. 

(J) The total tonnage of increased emissions/ in tons 

per year/ resulting from a major modification that must be 

offset in accordance with section 173 of the Act shall be 

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S1.16S Amendatory Language 11/19/02 

emission limitations or work practice requirements in the 

permit for the unit that were adopted in conjunction with 

LAER or the project would alter any physical or operational 

characteristics that formed the basis for the LAER 

determination as specified in paragraph (c) (6) (iv) of this 

section, then the emissions unit loses its vt a t u^^^j^^j^iji 

as a Clean Unit upon issuance of the necessary permit 

revisions (unless the unit requalifies as a Clean unit 

pursuant to paragraph (c)(3)(iii) of this section). If the 

owner or operator begins actual construction on the project 

without first applying to revj.se the emissions unit's 

permit, ths Clean Unit ia I & t Ubj^p^p^pff ends immediately 

prior to the time when actual construction begins. 

(iv) A .project that causes an emissions unit to lose 

its stat^^g M as a clean Unit is subject to the 

applicability requirea&nts of paragraph (a) (2) (ii) (A) 

through (D)/of this section as if the emissions unit is not 

a Clean Unit. 

(v) Certain .Emissions Units with PSD permits. For 

emissions units that meet the requirements of paragraph 

(c) (2) (v) (4§) and (£]|) of this section, the BACT level of 

emissions reductions $as®5B^

 x 

satisfy the requirement for LAER in meeting the requirements 

for clean Units under paragraphs (c)(3) through (8. of this 

35 

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SM6S Amendatory Language 11/19/02 

The emissions unit must have received a PSD 

permit within the last 10 years and such permit must require 

the emissions unit to comply with BACT. 

(;g$|) The emissions unit must be located in an area 

that was redesignated as nonattainment for the relevant 

pollutant(s) after issuance of the PSD permit and before the 

effective date of the clean Unit Test provisions in the 

area, 

(3) Qualifying or re-qualifYinquto_ use. the_Clean Unit 

applicability test. An emissions unit automatically 

qualifies as a Clean Unit when the unit meets the criteria 

below ln paragraphs (c)(3)(i) and (ii) of this section. 

After the original Clean Unit s-tTgttng^s^iMSW^ expires in 

accordance with paragraph (c)(5) of/this section or is lost 

pursuant to paragraph (c) (2) (iii) oc this section, such 

emissions unit may re-qualify as a Clean Unit under either 

paragraph (c) (3) (iii) below, or undfer the Clean Unit 

provisions in paragraph (d) of this teection. To re-qualify 

'cku*****^ 

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NDU-21-20B2 21:14 

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51.165 Amendatory Language 11/19/02 

standard, uncontrolled, new emissions unit of the same type. 

CB) The owner or operator made an investment to 

install the control technology. For the purpose of this 

determination, an investment includes expenses to research 

the application of a pollution prevention technique to the 

emissions unit or expenses to apply a pollution prevention 

technique to an emissions unit. 

(iii) Re-ggalifvina for &fieS;Clean Unit 

.tesl^'ajfa-aii. The emissions unit must obtain a new 

major NSR permit that requires compliance with the currentday LAER, and the emissions unit must meet the requirements 

in paragraphs Cc) (3) (i) and (c) (3) (ii) above/ 

(4) Effective date of ^I^Clean Unit 

&Latugde33h-q4^41on. The effective date of an emissions 

unit's Clean Unit stflLu&'d^s^^^t'i'^Ja, (that is, the date on 

which the owner or operator may bsgin to use the Clean Unit 

Test to determine whether a project at the emissions unit is 

a major modification) is determined-according to the 

applicable paragraph (c) (4)(i) or (c) (4) (ii) below. 

(i) Original Clean Unit tia^uiF'&^-xTt^^^. and 

emissions units that. re-aualif v as Clean units -bv; 

implementing a. new,control technology to meet current-day 

;LAER.- The effective date is the date the emissions unit's 

air pollution control technology is placed into service, or 

38 

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51.165 Amendatory Language 11/19/02 

restrictions for one pollutant affects Clean Unit 

sLatug^e^^^a^^Jfcii only for that pollutant. 

(i) The Clean Unit must comply with the emission 

limitation(s) and/or work practice requirements adopted in 

conjunction with the LAER that is recorded in the major NSR 

permit, and subsequently reflected in the title v permit. 

(A) The owner or operator may not make a physical 

change in or change in the method of operation of the Clean 

Unit that causes the emissions unit to function in a manner 

that is inconsistent with the physical or operational 

characteristics that formed the basis for the LAER 

determination (e.g., possibly the emissions unit's capacity 

or throughput). 

(B) The clean Unit mav not emit above a level that has. 

(ii) The Clean Unit must comply with any terms and 

conditions in the title V permit related to the unit's Clean 

Unit j tat us'g 

(iii) The Clean Unit must continue to control 

emissions using the specific air pollution control 

technology that was tha basis for its Clean Unit 

.bLa,LLL-bii&ls-f,OH&glb'h. If the emissions unit or control 

technology is replaced, then the Clean Unit 

^taLus^iss^itliat^;^ ends. 

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51.165 Amendatdry Language 11/19/02 

(8) _0_ff.S£_t,5, and netting at, Clean Units. Emissions 

changes that occur at a Clean Unit must not be included in 

calculating a significant net emissions increase (that is, 

must not be used in a "netting analysis"), or be used for 

generating offsets unless such use occurs before the 

effective date Of t'K'e^Clean Unit status^s'^gri-ajfeiili'^. or after 

the Clean Unit statuh^^ifeqjsafeiJ&Bi expires; or, unless the 

emissions unit reduces emissions below the level that 

qualified the unit as a Clean Unit. However, if the Clean 

Unit reduces emissions below the level that qualified the 

unit as a Clean Unit, then, the owner or operator may 

generate a credit for the difference -between the level that 

qualified the unit as a Clean Unit and the new emissionsllmiLj^'ita^atil'j^, if such reductions are surplus, 

quantifiable, permanent andwEetiS^^l^feiforceabltf^as—g 

piaiLical mattci. J 

(9) Effect of rede3iqna£ion_on ffi&jclaan Unit 

s t^usj^_JMu&-&i. The Clean Unit b uAI»Ua.deS^Jaaa^Asin of an 

emissions unit is not affected by redesignation of the 

attainment status of the area in which it is located. That 

is, if a Clean Unit is located in an attainment area and the 

area is redesignated to nonattainment, its Clean Unit 

&Latuadiesaj-etna^-'t^S is not affected. Similarly, redesignation 

from nonattainment to attainment does net affect tfjevClean 

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51.165 Amendatory Language 11/19/02 

the necessary permit revisions (unless the unit re-qualifies 

as a Clean Unit pursuant to paragraph (d) (3) (iv) of this 

section). If the owner or operator begins actual 

construction on the project without first applying to revise 

the. emissions unit's permit, the Clean Unit 

•a,taLu=>dies''i&B&fcjEojn ends immediately prior to the time when 

actual construction begins. 

(iv) A project that causes an emissions unit to lose 

its srbatta^a^^aKaijIiiB as a Clean Unit is subject to the 

applicability requirements of paragraph (a) (2) (ii) (A) 

through (D)/*of tnis section as if the emissions unit were 

never a Clean Unit. 

(3) Qualifying or re-QualifyingJ:_o use the Clean Unit 

applicability test. An emissions unit qualifies as a Clean 

Unit when the unit meets the criteria below in 

paragraphs (d)(3)(i) through (iii) of this section. After 

the original Clean Unit a.LatuJ,ffl-ii'dlinat&qfiF expires in 

accordance with paragraph (d)(6) of this section or is lost 

pursuant to paragraph (d) (2.) (iii) of this section, such 

emissions unit may re-qualify as a Clean Unit under either 

paragraph (d)(3)(iv) below,•or under the Clean Unit 

provisions in paragraph (c) of this section. To re-qualify 

as a Clean Unit under paragraph (d)(3)(iv)r the emissions 

unit must obtain a new permit issued pursuant to the 

47 

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51.165 Amendatory Language 11/19/02 

requirements in paragraphs (d) ("?) and (B) and meet all the 

criteria below in paragraph (d)(3)(iv). The reviewing 

authority will make a separate Clean Unit a.fruituad&£iLo^^fl5ffi 

for each pollutant emitted by the emissions unit for which 

the emissions unit qualifies as a Clean Unit. 

(i) Qualifying- air pollution control ^gctittftJ-aaieigr 

Air pollutant emissions from the emissions unit must be 

reduced through the use of -ait-air pollution control 

technology (which includes pollution prevention as defined 

under paragraph (a) (1) (xxvi)) or work practices^ that meeti| 

both the following requirementsr'f^^paffi£ra.fe^;•'HJ'flrJ&'f,:-li;£#-.ffi: .• i 

(A) The owner or operator has demonstrated that the 

emissions unit's control technology is comparable to LAER 

according to the requirements of paragraph (d)(4) of this 

section. However, the emissions unit is not eligible for 

t-he-.Clean Unit & tat us.Etesl%ti^jft^te if its emissions are not 

reduced below the level of a standard, uncontrolled 

emissions unit of the same type (e.g., if the LAER 

determinations to which it is compared have resulted in a 

determination that no control measures are required). 

(B) The owner or operator made an investment to 

install the control technology. For the purpose of this 

determination, an investment includes expenses to research 

(•4" •fe 

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51.165 Amendatory Language 11/19/02 

that the control technology is achieving a level of emission 

control that is comparable to LAER (e.g., possibly the 

emissions unit's capacity or throughput), 

(iii) The Clean Unit may not emit above a level that - ,. 

(iv) The Clean Unit must comply with any terms and 

conditions in the title V permit related to the unit's Clean 

Unit Ata tusid"^s7i^a!fei.r6JK. 

(v) The Clean Unit must continue to control emissions 

using the specific air pollution control technology that was 

the basis for its Clean Unit statu•i^fe'i^ri&ifcon. If the 

emissions unit or control technology is replaced, then the 

Clean Unit statugd-gajiej^iiii'i^ ends. 

(10) Qffaets and Netting at Clean Units. Emissions 

changes that occur at a Clean Unit must not be included in 

calculating a significant net emissions increase (that is, 

must not be used in a "netting analysis")/ or be used for 

generating offsets unless such use occurs before the 

effective datB of plan requirements adopted to implement 

this paragraph (d) or after the Clean. Unit s-fc*rtrus^.s^ona£-^onexpires? or, unless the emissions unit reduces emissions 

below the level that qualified the unit as a Clean Unit. 

However, if the clean Unit reduces emissions below the level 

that qualified the unit as a Clean Unit, then the owner or 

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51.165 Amendatory Language 11/19/02 

operator may generate a credit for the difference between 

the level that qualified the unit as a Clean Unit and the 

emissions unit's new pn.issic.ni.. liuilis^i^^it-eLri. if such 

reductions are surplus, quantifiable, permanent^and 

^enforceabl^as a pi.autlcal uidlLfc.1. 

(11) Effect of redesignation on.^'a^Clean Unit 

j,tatusd'ers^t^^^lbit. The Clean unit' statt«i^^^Q^^!i of an 

emissions unit is not affected by redesignation of the 

attainment status of the area in which it is located. That 

is, if a clean Unit is located in an attainment area and the 

area is redesignated to nonattainment, its Clean Unit 

stataag^^l'aii'a't|-otii is not affected. Similarly, redesignation 

from nonattainment to attainment does not affect the Clean 

Unit bLdLut.^'as'itiqrT^Ti'o'ri--. However, if a Clean Unif s 

-ly^atL'tre^a^^ana^P^ expires or is lost pursuant to paragraphs 

(c) (2) (iii) and (d) (2) (iii) of this section, it must requalify under the requirements that are currently 

applicable. 

(e) PCP exclusion_procedural requirements. Bach'plan 

shall include provisions for PCPs equivalent to those 

contained in paragraphs (e)(1) through (6) of this section. 

(1) Before an owner or operator begins actual 

construction of a PCP, the owner or operator must either 

submit a notice to the reviewing authority if the project is 

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51.165 Amendatory Language 11/19/02 

credit for the difference between the level-of reduction 

which was used ta qualify for the PCP exclusion and th e new 

Ptni flftioM' lltftl^:aiM'g^.fc^5n! if such reductions are surplj^^ N 

quantifiable , permanent, and fofffrra.1Ij&Ienforceable^aw—ar 

yiautina l mat.ter. / Gmj>_\_ 

(f) Actuals PALs. Sfe^plan shall provide for PALs 

according to the provisions in paragraphs (f)(1) through 

(15) of this section. 

(1) Applicability. 

(i) The reviewing authority may approve the use of an 

actuals PAL (PftL)"for any existing major stationary source 

(except as provided in paragraph (f) (1) (ii) of this section) 

if the PAL meets the requirements in paragraphs (f) (1) 

through (IS) of this section. The term ^PAL" shall mean 

^a'ctuals PAL" throughout paragraph' (f) of this section. 

(ii) The reviewing authority shall not allow an 

actuals PAL for •^^||ofe-.:-M^.-^feb'^;-[;anv major stationary source 

located in an extreme ozone nonattainment area. 

(iii) Any physical change in or change in the method 

of operation of a major stationary source that maintains 'its 

total source-wide emissions below the PAL level, meets the 

requirements in paragraphs (f)(1) through (IS) o£ this 

section, and complies with the PAL permit: 

(A) Is not a major modification for the PAL pollutant; 

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51.165 Amendatory Language 11/19/02 

designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of 

the source shall indicate which, if any, Federal or State 

applicable requirements, amissioni, llmits^^n^-aakii'dniig'1 or 

warfc practices apply to each unit. 

(ii) Calculations of the baseline actual emissions 

(with supporting documentation). Baseline actual emissions 

are to include emissions associated not only with operation 

of the unit, but also emissions associated with startup, 

shutdown and malfunction. 

(iii) The calculation procedures that the major 

Stationary source owner or operator proposes to use to 

convert the monitoring system datavtp monthly emissions and 

//^p^fJJffjAl ^ _ 

annual emissions b'ft^dyjp^^^ 

maa required by paragraph -(f)(13)(i) of this section. 

(4) General requirements for establishing,PALs. 

(i) The plan allows the reviewing authority to 

establish a PAL at a major stationary source, provided that 

at a minimum, the requirements in paragraphs (f) (4) (i) (A) 

through (G) of this section are met. 

(A) The PAL shall impose an annual emission limitation 

tjxpj.tfvbuii in tons per yea.rj| that is enforceable as a 

practical matter, for the entire major stationary source. 

For each month during the PAL effective period after the 

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51.165 Amendatory Language 11/19/02 

monitoring system data to monthly^missions and annual 

emissions ^rH^d^se^^on ^iSSlT'ia^^^ ^ 

•iyat^'-ffi^ as required by paragraph (f) (13) (i) of 

this section. 

(vii) A requirement that the major stationary source 

owner or operator monitor all emissions units in accordance 

with the provisions and prahibitiuna, under paragraph (f) (12) 

of this section. 

(viii) A requirement to retain the records required 

under paragraph (f)(13) of this section on site. Such 

records may be retained in an electronic format. 

(ix) A requirement to submit the reports required 

under paragraph (f)(14) of this section by the required 

deadlines. 

(st) Any other requirements that the reviewing . 

authority deems necessary to implement and enforce the PAL. 

(8) PAL effective period and reopening of the PAL 

permit. The plan shall require the information in 

paragraphs (f) (9) (i) and (ii) of this section. 

(iJ PAL effective period. The reviewing authority 

shall specify a PAL effective period of 10 years. 

(ii) Reopeningr.ola£_r.he PAL permit. 

(A) During the PAL effective period, the plan shall 

require the reviewing authority to reopen the PAL permit to: 

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