### TheState of New Hampshire 

### NHDES DEPARTMENT OF ENVIRONMENTAL SERVICES
Thomas S

. Burack, Commissioner

March 8, 2011

Mr

. David Conroy Chief, Air Programs Branch US EPANew

England 5 Post Office Square, Suite 100 Boston MA 02109-3912 Re: Section 110(a) 8-Hour Ozone SIP and Greenhouse Gas PSDPermitting Requirements Dear Mr

. Conroy: On December 14, 2007, the New Hampshire Department of Environmental Services (NHDES) submitted a State Implementation Plan (SIP) revision addressing CleanAirAct section 110(a)(1) and (2) infrastructure requirements pertaining to the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS)

. NHDES understands that the Environmental Protection Agency (EPA) is working to complete its review ofthis SIP

. We wish to make note of recent changes to New Hampshire administrative rules referenced inthe infrastructure SIP

. Specifically, New

Hampshirehas amended portions of administrative rules Env-A 100Organizational Rules and Env-A 619Prevention of Significant Deterioration (PSD) ofAir QualityPermit Requirements to incorporate permitting requirements consistent with EPA's Greenhouse Gas Tailoring Rule

. These rule changes became effective on December 21, 2010, andwere submitted to EPAas a SIP revision on February 7, 2011

. NHDES requests that EPA, in completing its review of New Hampshire's infrastructure SIP, consider the amendedrules Env-A 100and Env-A619, rather than the older versions of those rules referenced in the infrastructure SIP submittal

. For your convenience, we are attaching copies ofthe amended rules and associated cover letter

.

Robert R

. Scott Director, Air Resources Division
rrs/chm enclosure cc: AnneArnold, Region I

DESWebSite: www .des.nh .gov P.O

. Box 95, 29 Hazen Drive, Concord, New Hampshire03302-0095 Telephone

: (603) 271-3503 Fax: (603) 271-2181 TDD Access: Relay NH 1-800-735-2964

### The State of New Hampshire EPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S

. Burack, Commissioner

February 7, 2011 H

. Curtis Spalding, Regional Administrator U .S

. Environmental Protection Agency, Region 1 5 Post Office Square, Suite 100 

### Boston, MA 02109-3912
Re: State Implementation Plan Revision Submittal Adopting Added and Amended Greenhouse Gas (GHG) Definitions: Env-A 101 .35,101 .96,101 .115; and Greenhouse Gas (GHG) Rule: Env-A619.03 Dear Administrator Spalding: Pursuant to section 110ofthe federal CleanAirAct as amended, the state of New Hampshire (NH) hereby submits for approval two copies ofthe attached State Implementation Plan (SIP) revision and one electronic copy
. As Governor John Lynch's designee, I am requesting EPA's prompt approval of this revision, which consists ofthe additions and amendments to the following rules: " Env-A 101 .35, Carbon dioxide equivalent emissions, and Env-A 101 .96, Greenhouse gases (added defnitions) " Env-A 101 .115, Major source (amendeddefinition) " Env-A619.03, PSDPermit requirements (amended rule) This submittal contains all documentation necessary to satisfy the SIP completeness requirements pursuant to 40 CFRPail 51, Appendix V

. Thefollowing administrative materials are included for your review :

a
. Evidence ofthe rule's adoption b

. Evidence of legal authority c
. Acopy ofthe rule d

. Evidence that all the State's legal requirements were followed in adopting the rule and submitting the SIP revision e
. Evidence that the public notice was given in accordance with EPA procedures f

. Certification that, if requested, the public hearing was held in accordance with the public notice g
. Acompilation of public comments and the State's responses thereto Oneofthe requirements ofAppendix Vis that the documentation include the date of adoption, as well as the effective date, ofthe rule

. In accordance with NH Revised Statutes Annotated (RSA) 541-A:14, an agency mayadopt a rule after all procedures have been completed

. The NH Department of Environmental Services (DES) adopts a rule on the day its

DES Web site: www

.des.nli .gov P .O

. Box 95, 29fflazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-1370 s Fax: (603) 271-1381 " TDDAccess: Relay NH 1-800-735-2964Mr

. H

. Curtis Spalding, RegionalAdministrator Page 2 of2 SIP Revision Submi ttal

_ February 7, 2011



### Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with the Director ofthe Office of Legislative Services (OLS)

. The rule takes effect the day after it is filed

. The attachments hereto contain a letter fromthe DES Commissioner to the Director ofthe OLS, documenting the adoption of the rule, as well as written documentationfromthe OLS as to the filing and effective dates oftherule

. Technical support materials are not included for any ofthe changes, as it is not anticipatedthatthe enclosed rules will affect previous demonstrations regarding attainment of the national ambient air quality standards

. Should you have any questions regarding this submittal, please contact Gary D

. Milbury, 3r., Air Permit Programs Manager at ary.milburyjr(a7,desaih.gov or (603) 271-2630, or Barbara L

. Hoffman, Compliance and Enforcement Programs Manager at barbara.hoffmanacdes

.nh.gov or (603) 271-7874

. Thank you
.

Robert R

. Scott Director Air Resources Division

Enclosures Sincerely,

ec: Dave Conroy, EPA lda E

. McDonnell, EPA Donald Dahi, EPAFP 2010-111 Adopted 1

Effective 12-21-2010, new Env-A 101 .35 reads as follows: Env-A 101 .35 "Carbon dioxide equivalent emissions (C02e)" means a measurement of the global warming potential of GHGs emitted, determined by multiplying the mass amount of emissions in tons per year (tpy) of each gas in the pollutant group GHGs by the associated global warming potential for that gas published at Table A-1 to subpart Aof 40 CFRpart 98, Global Warming Potentials, and adding the resultant values to compute a tpy COZe for the GHGs

.

Effective 12-21-2010, new Env-A 101 .96 reads as follows: Env-A 101 .96 "Greenhouse gases (GHGs)" means the group of 6gases that, when emitted to the ambient air, act as a shield to trap heat in the earth's atmosphere

. The group is comprised ofcarbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride

.

Effective 12-21-2010, Env-A 101 .115 (previously Env-A 101 .113) reads as follows: Env-A 101 .115 "Major source" means a stationary source that has been identified as meeting a specified threshold for producing pollutants ofconcern
. The termincludes: (a) "Acid rain affected source" as defined in this part; (b) "Major source" as defined in 40CFR 70.2, July l, 2009edition, as amended at 75 FR 31607 by the addition of the phrase "subject to regulation" in paragraph (2) and the addition of a definition of that phrase; (c) "Major stationary source" as defined in paragraph (3) of the definition of major source in 40CFR 70.2, including the following:

(1) Any source with the potential to emit nitrogen oxides in the following counties and specific quantities: a
. In Belknap, Carroll, Cheshire, Coos, Grafton, or Sullivan counties, 100tpy or more; or b

. In Hillsborough, Merrimack, Rockingham or Strafford counties, 50tpy or more; or (2) Any source with the potential to emit volatile organic compounds in the quantity of 50tpy or more; and (d) For purposes of Env-A 619, a major stationary source as defined in the federal definition cited in Env-A 619.03(a) or (b), as applicable

.FP 2010-111 Adopted 2

APPENDIx A

: STATE STATUTES ANDFEDERAL STATUTES AND REGULATIONS IMPLEMENTED
Rule Section(s) State Statute(s) Im lemented Federal Statute or Regulation Im plemented Env-A 101 .35 [new] RSA 125-C:4, I(a) 40CFR§ 52.21 Env-A 101 .96 [new] RSA 125-C:4, I(a) ; 125-L:1, IV 40 CFR § 52.21 ' Env-A 101 .115 RSA 125-C:4, I(a) 42 U.S.C

. § 7661(2) and 40CFR 70.2

APPENDIX B

: FEDERAL DEFINITIONS CITEDIN ENV-A 101
40 CFR 52.21(b

) Definitions : (1)(i) Major stationary source means: (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSRpollutant : Fossil fuel-fired steamelectric plants of
more than 250million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminumore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more than 250tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleumrefineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (whichdoes not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil-fuel boilers (or combinations thereof) totaling more than 250million British thermal units per hour heat input, petroleumstorage and transfer units with a total storage capacity exceeding 300,000barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; (b) Notwithstanding the stationary source size specified in paragraph (b)(1)(i) of this section, any stationary source which emits, or has the potential to emit, 250tons per year or more of a regulated NSRpollutant ; or (c) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (b)(1) of this section, as a major stationary source, if the changes would constitute a major stationary source by itself

. (ii) Amajor source that is major for volatile organic compounds or NOx shall be considered major for
ozone
. (iii) The fugitive emissions ofa stationary source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(a) Coal cleaning plants (with thermal dryers) ; (b) Kraft pulp mills; (c) Portland cement plants; (d) Primary zinc smelters; (e) Iron and steel mills; (f) Primary aluminumore reduction plants; (g) Primary copper smelters;FP 2010-111 Adopted 3

(h) Municipal incinerators capable of charging more than 250tons of refuse per day; (i) Hydrofluoric, sulfuric, or nitric acid plants; (j) Petroleumrefineries; (k) Lime plants; (1) Phosphate rock processing plants; (m) Coke oven batteries; (n) Sulfur recovery plants; (o) Carbon black plants (furnace process) ; (p) Primary lead smelters; (q) Fuel conversion plants; (r) Sintering plants; (s) Secondary metal production plants; (t) Chemical process plants--The termchemical processingplant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; (u) Fossil-fuel boilers (or combination thereof) totaling more than 250million British thermal units per hour heat input; (v) Petroleumstorage and transfer units with a total storage capacity exceeding 300,000barrels; (w) Taconite ore processing plants; (x) Glass fiber processingplants; (y) Charcoal production plants; (z) Fossil fuel-fired steamelectric plants of more that 250 million British thermal units per hour heat input, and (aa) Any other stationary source category which, as ofAugust 7, 1980, is being regulated under section 111 or 112 of the Act

. (49) Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions of that pollutant released fromthe regulated activity

. Except that: (i) Greenhouse gases (GHGs), the air pollutant defined in § 86.1818-12(a) ofthis chapter as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v) ofthis section

. (ii) For purposes of paragraphs (b)(49)(iii) through (v) of this section, the termtpy C02equivalent emissions (C02e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(a) Multiplying the mass amount ofemissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of part 98 of this chapter- Global Warming Potentials

.FP 2010-111 Adopted 4

(b) Sumthe resultant value fromparagraph (b)(49)(ii)(a) ofthis section for each gas to compute a tpy Me

. (iii) The termemissions increase as used in paragraphs (b)(49)(iv) through (v) of this section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) ofthis section) occur
. For the pollutant GHGs, an emissions increase shall be based on tpy CO~e, and shall be calculated assuming the pollutant GHGs is a regulated NSRpollutant, and "significant" is defined as 75,000tpy CO,,e instead ofapplying the value in paragraph (b)(23)(ii) of this section

. (50) Regulated NSRpollutant, for purposes of this section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph (b)(50)(i) as a constituent or precursor for such pollutant

. Precursors identified by the Administrator for purposes of NSR are the following:

(a) Volatile organic compounds and nitrogen oxides are precursors to ozone nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas
. (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas
. (c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction or EPAdemonstrates that emissions of nitrogen oxides fromsources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations

. (d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds fromsources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations

. (ii) Any pollutant that is subject to any standard promulgated under section 1 I 1 of the Act ; (iii) Any Class I or II substance subject to a standard promulgated underor established by title VI of the Act ; (iv) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

(a) The stationary source is a newmajor stationary source for a regulated NSRpollutant that is not GHGs, and also will emit or will have the potential to emit 75,000tpy COZe or more; or (b) The stationary source is an existing major stationary sourcefor a regulated NSRpollutant that is not GHGs, and also will have an emissions increase ofa regulated NSRpollutant, and an emissions increase of 75,000tpy COZe or more; and, (v) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(49)(iv) of this section, the pollutant GHGs shall also be subject to regulation

(a) At a newstationary source that will emit or have the potential to emit 100,000 tpy CO-,e; or (b) At an existing stationary source that emits or has the potential to emit 100,000tpy C02e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000tpy CO,,e or more
. (vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10emissions shall include gaseous emissions froma source or activity which condense to formparticulate matter at ambient temperatures

. On or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM 10 in PSDpermits

. Compliance with emissions limitations forFP 2010-111 Adopted 5

PM, PM2.5 and PM10issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan

. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to be included

.

40CFR 70.2 Definitions: Majorsource means any stationary source (or 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)) belonging to a single major industrial grouping and that are described in paragraph (1), (2), or (3) ofthis definition

. For the purposes ofdefining "major source," a stationary source or group of stationary 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 (i .e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987

. (1) Amajor source under section 112 of the Act, which is defined as: (i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination ofsuch hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule

. Notwithstanding the preceding sentence, emissions fromany oil or gas exploration or production well (with its associated equipment) and emissions fromany pipeline compressor or pump station shall not be aggregated with emissions fromother similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or
rule

. (ii) For radionuclides, "major source" shall have the meaning specified by the Administrator by (2) A major stationary source of air pollutants, as defined in section 302 of the Act, thatdirectly emits or has the potential to emit, 100tpy or more of any air pollutant subject to regulation (including any major source offugitive emissions of any such pollutant, as determined by rule by the Administrator)

. The fugitive emissions ofa stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to one of the following categories of stationary source:

(i) Coal cleaning plants (with thermal dryers) ; (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminumore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable ofcharging more than 250tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleumrefineries;FP 2010-111 Adopted 6

(xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke 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--The termchemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140

; (xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250million British thermal units per hour heat input; (xxii) Petroleumstorage and transfer units with a total storage capacity exceeding 300,000barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steamelectric plants of more than 250million British thermal units per hour heat input; or (xxvii) Any other stationary source category, which as of August 7, 1980is being regulated under section 111 or 112 of the Act

. Amajor stationary source as defined in part D of title I of the Act, including: (i) For ozone nonattainment areas, sources with the potential to emit 100tpy or more ofvolatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme" ; except that the references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under section 182(f) (1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; (ii) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit 50tpy or more of volatile organic compounds; (iii) For carbon monoxide nonattainment areas: (A) That are classified as "serious," and (B) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50tpy or more of carbon monoxide; and (iv) For particulate matter (PM-10) nonattainment areas classified as "serious," sources with the potential to emit 70tpy or more of PM-10

.FP 2010-111 Adopted 7

Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C ofthis chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions of that pollutant released fromthe regulated activity

. Except that: (1) Greenhouse gases (GHGs), the air pollutant defined in § 86.1818-12(a) of this chapter as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation unless, as ofJuly 1, 2011, the GHGemissions are at a stationary source emitting or having the potential to emit 100,000tpy CO, equivalent emissions

. (2) The termtpy COZ equivalent emissions (C02e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart Aof part 98 of this chapter-Global Warming Potentials, and summing the resultant value for each to compute a tpy COZe

.FP 2010-112 Adopted

Effective 12-21-2010, Env-A 619.03 reads as follows: Env-A 619.03 PSD Permit Requirements

. (a) In furtherance of RSA 125-C:11 and except as provided in (b), below, the provisions of 40CFR 52.21(b) through (p), (r), (t), (v), and (w), July 1, 2001 edition, shall apply for the purposes of implementing a PSDpermit programthat meets the requirements of Title I of the Act

. 1

(b) For the purposes of regulating GHGs in accordance with this part, the definitions of "major stationary source" and "significant" contained in 40 CFR 52.21(b), July 1, 2009edition, as amended at 75 FR 31606-31607 by the addition of adefinition of "subject to regulation" as (b)(49) and revisions to the definition of "regulated NSRpollutant" in (b)(50), shall apply

. (c) For the purposes of this part, the word "department" shall replace the word "administrator" in the paragraphs of 40 CFR 52.21 referenced in (a), above, except in the following paragraphs:

(1) Paragraph (b)(17) ; (2) Paragraphs (g)(1) through (6) ; (3) Paragraph (1)(2) ; and (4) Paragraph (t)

. (d) An owner or operator of a new or modified source subject to this part shall file a permit application in accordance with the procedures set forth in Env-A 607

. (e) A permit application subject to this part shall be subject to the public notice procedures set forth in Env-A 621 .03

.

APPENDIX A: STATE STATUTESAN DFEDERAL STATUTES ANDREGULATIONS IMPLEMENTED
Rule Section(s) State Statute(s) Im plemented Federal Statute or Regulation Im plemented Env-A 619.03 RSA 125-C:4, 1(d) ; RSA 125-C:6, XIV;

RSA 125-C:11, IV 42 U.S.C

. §7410(a)(2)(C) ; 40CFR § 51 .166

APPENDIX B

: FEDERAL DEFINITIONS CITEDIN ENV-A 619 .03 40 CFR52

.21(b) Definitions: 

### (1) (i) Major stationary source means: (a) Any of thefollowing stationary sources of air pollutants which emits, or has the potential to emit, 100tons per year or more of any regulated NSRpollutant: Fossil fuel-fired steam electric plants of more than 250million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminumore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more than 250tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum

refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil-fuel boilers (orcombinations thereof) totaling more than 250million British thermal units perhour heat input, petroleum storage and transfer units with a total storage capacity exceedingFP 2010-112 Adopted 2

300,000barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; (b) Notwithstanding the stationary source size specified in paragraph (b)(1)(i) ofthis section, any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or (c) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (b)(1) of this section, as a major stationary source, if the changes would constitute a major stationary source by itself

. (ii) Amajor source that is major for volatile organic compounds or NOx shall be considered majorfor ozone
. (iii) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes ofthis section whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources: (a) Coal cleaning plants (with thermal dryers) ; (b) Kraft pulp mills; (c) Portland cement plants; (d) Primary zinc smelters; (e) Iron and steel mills; (f) Primary aluminumore reduction plants; (g) Primary copper smelters; (h) Municipal incinerators capable ofcharging more than 250tons of refuse per day; (i) Hydrofluoric, sulfuric, or nitric acid plants; (j) Petroleumrefineries; (k) Limeplants; (1) Phosphate rock processing plants; (m) Coke oven batteries; (n) Sulfur recovery plants; (o) Carbon black plants (furnace process) ; (p) Primary lead smelters; (q) Fuel conversionplants; (r) Sintering plants; (s) Secondary metal production plants; (t) Chemical process plants--The termchemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; (u) Fossil-fuel boilers (or combination thereof) totaling more than 250million British thermal units per hour heat input; (v) Petroleumstorage and transfer units with a total storage capacity exceeding 300,000barrels ; (w) Taconite ore processing plants;FP 2010-112 Adopted 3

(x) Glass fiber processing plants; (y) Charcoal production plants; (z) Fossil fuel-fired steamelectric plants of more that 250million British thermal units per hour heat input, and (aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act

. (23) (i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100tons peryear (tpy) Nitrogen oxides: 40tpy Sulfur dioxide: 40tpy Particulate matter: 25 tpy of particulate matter emissions PM,() : 15 tpy PM2.5: 10tpy ofdirect PM2,5emissions; 40tpy ofsulfur dioxide emissions; 40tpy of nitrogen oxide emissions unless demonstrated not to be a PMZ.5 precursor under paragraph (b)(50) of this section Ozone: 40tpy of volatile organic compounds or nitrogen oxides Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (HZS) : 10 tpy Total reduced sulfur (including H2S) : 10tpy Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) : 3.2 x 10-6 megagrams per year (3.5 x 10-6 tons per year) Municipal waste combustor metals (measured as particulate matter) : 14 megagrams per year (15 tons per year) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride) : 36 megagrams per year (40tons per year) Municipal solid waste landfills emissions (measured as nonmethane organic compounds) : 45 megagrams per year (50tons per year) (ii) Significant means, in reference to a net emissions increase or the potential of a source to emit a regulated NSRpollutant that paragraph (b)(23)(i) of this section, does not list, any emissions rate

. (iii) Notwithstanding paragraph (b)(23)(i) of this section, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to orgreater than 1 Pg/m3 J24- hour average)

. (49) Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions of that pollutant released fromthe regulated activity

. Except that:FP 2010-112 Adopted 4

(i) Greenhouse gases (GHGs), the air pollutant defined in § 86.1818-12(a) of this chapter as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v) of this section

. (ii) For purposes of paragraphs (b)(49)(iii) through (v) of this section, the termtpy C02equivalent emissions (CO,e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(a) Multiplying the mass amount ofemissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of part 98 of this chapter- Global Warming Potentials

. (b) Sum the resultant value fromparagraph (b)(49)(ii)(a) of this section for each gas to compute a tpy CO-,e

. (iii) The termemissions increase as used in paragraphs (b)(49)(iv) through (v) of this section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) ofthis section) occur. For the pollutant GHGs, an emissions increase shall be based on tpy COZe, and shall be calculated assuming the pollutant GHGs is a regulated NSRpollutant, and "significant" is defined as 75,000tpy COZe instead of applying the value in paragraph (b)(23)(ii) ofthis section

. (iv) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: (a) The stationary source is a newmajor stationary source for a regulated NSRpollutant that is not GHGs, and also will emit or will have the potential to emit 75,000tpy COZe or more; or (b) The stationary source is an existing major stationary source for a regulated NSRpollutant that is not GHGs, and also will have an emissions increase of a regulated NSRpollutant, and an emissions increase of 75,000tpy COZe or more; and, (v) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(49)(iv) ofthis section, the pollutant GHGs shall also be subject to regulation

(a) At a new

stationary source that will emit or have the potential to emit 100,000tpy COZe; or (b) At an existing stationary source that emits or has the potential to emit 100,000tpy COZe, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000tpy COZe or more
. (50) Regulated NSRpollutant, for purposes of this section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph (b)(50)(i) as a constituent or precursor for such pollutant

. Precursors identified by the Administrator for purposes of NSRare the following:

(a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas
. (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas
. (c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction or EPAdemonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations

. (d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds fromsources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations

.FP 2010-112 Adopted 5

(ii) Any pollutant that is subject to any standard promulgated under section 1 11 of the Act ; (iii) Any Class I or 11 substance subject to a standard promulgated under or established by title VI of the Act; (iv) Any pollutant that otherwise is subject to regulation under the Act as defined in paragraph (b)(49) ofthis section

. (v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this section, the termregulated NSRpollutant shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted pursuant to section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under section 108 of the Act

. (vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include gaseous emissions froma source or activity which condense to formparticulate matter at ambient temperatures

. On or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM 10in PSDpermits

. Compliance with emissions limitations for PM, PM2.5 and PM

10 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan

. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to be included

. 40CFR98, Table A-1 :



### Name CAS No

. Chemical formula Global warming potential (100yr.) Carbon dioxide 124-38-9 ~ COZ 1 Methane 74-82-8~ CH4 ~ 21 Nitrous oxide 10024-97-2 N20 310 HFC-23 75-46-7 CHF3 11,700 HFC-32 75-10-5 CHZFZ 650 HFC-41 593-53-3 CH3F 150 HFC-125 11 354-33-6 CZHF5 2,800 HFC-134 359-35-3 CZHZF4 1,000 HFC-134a 811-97-2 CHZFCF3 1,300 HFC-143 430-66-0 CZH3F3 ~ 300 HFC-143

a 420-46-2 CZH3F3 3,800 HFC-152 624-72-6 CHZFCHZF 53 HFC-152a 75-37-6 CH3CHF2 140 jHFC-161 I 353-36-6 ~ CH3CHZF 12 HFC-227ea 431-89-0 C3HF7 C 2,900 I HFC-236cb I 677-56-5 I CH 2FCF2CF I 3 ~ 

### 1,340 HFC-236ea 1 431-63-0 CHF2CHFCF3 1,370FP 2010-112 Adopted 6



### Name CAS No

. Chemical formula Global warming potential (100yr.) HFC-236fa 690-39-1 C3HZF6 6,300 HFC-245ca 679-86-7 C3H3F5~ 560 ~HFC-245fa 460-73-1 l~ CHFZCH2CF3 1,030 'HFC-365mfc 11 406-58-6 CH3CFZCHZCF3 794 HFC-43-lOmee 138495-42-8 CF3CFHCFHCF2CF3 1,300 Sulfur hexafluoride 2551-62-4 SF6 ~ 23,900 Trifluoromethyl sulphur pentafluoride 373-80-8 SFSCF3 17,700 Nitrogen trifluoride 7783--54-2 ~ NF3 ---l 17,200 PFC-14 (Perfluoromethane) 11 75-73-0 CF4 6,500 PFC-116 (Perfluoroethane) 7 1 76-16-4 CZF6 ] 9,200 PFC-218 (Perfluoropropane) 76-19-7 C3F8 ~ 7,000 Perfluorocyclopropane 931-91-9 ~ C-C3F6 ~ 17,340 PFC-3-1-10 (Perfluorobutane) 355-25-9 ~ C4F~o -~ 7,000 Perfluorocyclobutane 115-25-3 C-C4F8 -I 8,700 PFC-4-1-12 (Perfluoropentane) 678-26-2 ~ CSF,2 -~ 7,50 0 PFC-5-1-14 (Perfluorohexane) 355-42-0 C6F,4 7,400 PFC-9-1-18 306-94-5 C1oF1g -~ 7,500 HCFE-235da2 (Isoflurane) 26675~6-7 CHFZOCHCICF3 350 HFE-43-lOpccc (H-Galden 1040x) E1730133 CHFZOCFZOCZF40CHF2 1,870 HFE-125 3822-68-2 11 CHFZ0CF3 14,900 HFE-134 1691-17-4 CHFZ0CHFZ ~ 6,320 HFE-143a 421-14-7 11 CH30CF3 ~- 756
-- HFE-227ea 2356-62-9 ~CF3CHFOCF3 1,540 HFE-236ca12 (HG-10) 7 1 78522-47-1 II CHF20CFZOCHF2 ~ 2,800 HFE-236ea2 (Desflurane) 57041-67-5 CHFZOCHFCF3 ~ 989 HFE-236

fa 20193-67-3 ~ CF3CH20CF3 487 ~ HFE-245cb2 22410~14-2 CH30CFZCF3 708 HFE-245fa1 84011-15-4 CHFZCH20CF3 286 HFE-245fa2 1885-48-9 ~CHFZOCHZCF3 659 HFE-254cb2 425-88-7 I

# F- CH30CFZCHF2 ~ 359 HFE-263fb2 460-43-5 [- -CF3CHZOCH3 C_ll HFE-329mcc2 67490-36-2 CF3CFZOCFZCHF2 ~919 HFE-338mcf2 156053-88-2 ~ CF3CFZ0CH2CF3 552 HFE-338pccl3 (HG-01) 188690-78-0 CHFZOCFZCFZOCHFZ 1,500 HFE-347mcc3 28523-86-6 CH30CF2CFZCF3 575 HFE-347mcf2 E1730135 -- E CF3CF20CHZCHF2 E 374FP 2010-112 Adopted 7


### Global Name CAS No

. Chemical formula warming potential 

### (100 yr.) HFE-347pcf2 HFE-356mec3 I 406-78-0 382-34-3 ~~ CHFZCFZOCHZCF3

CH30CFZCHFCF3 ~~ 580 101 HFE-356pcc3 160620-20-2 CH30CF2CFZCHF2 110 HFE-356pcf2 ~ E1730137 1~ CHF2CHZOCFZCHF2 ]L 265 HFE-356pcf3 35042-99-0 CHFZ0CHZCFZCHFZ 502 HFE-365mcf3 378-16-5 I CF3CF2CHZOCH3 ~11 HFE374pc2 - 512-51-6 CH3CHZOCFZCHF2 557 HFE-449s1 (HFE-7100) Chemical 163702-07-6 C4F90CH3 OCH CFCF CF 297 blend 163702-08-7 Z 3 3)2 ( HFE-569sf2 (HFE-7200) Chemical 163702-05-4 C4F90CzH5 59 blend ~ 163702-06-5 (CF3) ZCFCFZOCZHS ~Sevoflurane 28523-86-6 CH2FOCH(CF3)2 I 345 J HFE-356mm1 13171-18-1 (CF3)ZCHOCH3 27 HFE-338mmz1 26103-08-2 CHFZOCH(CF3)2 380(Octafluorotetramethylene)hydroxymethyl group NA X-(CFZ)4CH(OH)-X 73 HFE-347mmy1 22052-84-2 C H30CF(CF3)Z I 343 Bis(trifluoromethyl)-methanol 920-66-1 (CF3)2CHOH 195 2,2,3,3,3-pentafluoropropanol 422-05-9 CF3CFZCHZOH 42
PFPMIE NP' CF30CF(CF3) CF20CFZOCF3 10300 , NA = not available

.