The State of New Hampshire 

NHDES DEPARTMENT OF ENVIRONMENTAL SERVICES 

Thomas S . Burack, Commissioner 

March 8, 2011 

Mr. David Conroy 

Chief, Air Programs Branch 

US EPA New England 

5 Post Office Square, Suite 100 

Boston MA 02109-3912 

Re: Section 110(a) 8-Hour Ozone SIP and Greenhouse Gas PSD Permitting Requirements 

Dear Mr. Conroy: 

On December 14, 2007, the New Hampshire Department of Environmental Services 

(NHDES) submitted a State Implementation Plan (SIP) revision addressing Clean Air Act 

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 of this SIP. 

We wish to make note of recent changes to New Hampshire administrative rules referenced 

in the infrastructure SIP. Specifically, New Hampshire has amended portions of 

administrative rules Env-A 100 Organizational Rules and Env-A 619 Prevention of 

Significant Deterioration (PSD) of Air Quality Permit Requirements to incorporate 

permitting requirements consistent with EPA's Greenhouse Gas Tailoring Rule. These rule 

changes became effective on December 21, 2010, and were submitted to EPA as a SIP 

revision on February 7, 2011 . 

NHDES requests that EPA, in completing its review of New Hampshire's infrastructure SIP, 

consider the amended rules Env-A 100 and Env-A 619, rather than the older versions of 

those rules referenced in the infrastructure SIP submittal. For your convenience, we are 

attaching copies of the amended rules and associated cover letter . 

Robert R. Scott 

Director, Air Resources Division 

rrs/chm 

enclosure 

cc: Anne Arnold, Region I 

DES Web Site : www.des.nh.gov 

P.O . Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

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-A 619.03 

Dear Administrator Spalding: 

Pursuant to section 110 of the federal Clean Air Act as amended, the state of New 

Hampshire (NH) hereby submits for approval two copies of the 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 of the additions and 

amendments to the following rules : 

" Env-A 101 .35, Carbon dioxide equivalent emissions, and Env-A 101 .96, Greenhouse 

gases (added def nitions) 

" Env-A 101 .115, Major source (amended definition) 

" Env-A 619 .03, PSD Permit requirements (amended rule) 

This submittal contains all documentation necessary to satisfy the SIP completeness 

requirements pursuant to 40 CFR Pail 51, Appendix V. The following administrative materials 

are included for your review: 

a. Evidence of the rule's adoption 

b. Evidence of legal authority 

c. A copy of the 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. A compilation of public comments and the State's responses thereto 

One of the requirements of Appendix V is that the documentation include the date of 

adoption, as well as the effective date, of the rule . In accordance with NH Revised Statutes 

Annotated (RSA) 541-A:14, an agency may adopt 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, 29 fflazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 271-1370 s Fax : (603) 271-1381 " TDD Access: Relay NH 1-800-735-2964 
Mr. H. Curtis Spalding, Regional Administrator Page 2 of 2 

SIP Revision Submittal _ February 7, 2011 

Commissioner signs a letter advising that he has adopted the rule and files the adopted rule with 

the Director of the Office of Legislative Services (OLS) . The rule takes effect the day after it is 

filed. The attachments hereto contain a letter from the DES Commissioner to the Director of the 

OLS, documenting the adoption of the rule, as well as written documentation from the OLS as to 

the filing and effective dates of the rule. 

Technical support materials are not included for any of the changes, as it is not 

anticipated that the 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, EPA 
FP 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 A of 40 CFR part 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 6 gases that, when emitted to the 

ambient air, act as a shield to trap heat in the earth's atmosphere. The group is comprised of carbon 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 of concern. The term includes : 

(a) "Acid rain affected source" as defined in this part; 

(b) "Major source" as defined in 40 CFR 70.2, July l, 2009 edition, 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 40 CFR 

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, 100 tpy or more; or 

b . In Hillsborough, Merrimack, Rockingham or Strafford counties, 50 tpy or more; or 

(2) Any source with the potential to emit volatile organic compounds in the quantity of 50 tpy 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 AND FEDERAL STATUTES AND REGULATIONS IMPLEMENTED 

Rule Section(s) State Statute(s) Im lemented Federal Statute or Regulation Implemented 

Env-A 101 .35 [new] RSA 125-C:4, I(a) 40 CFR § 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 40 CFR 70.2 

APPENDIX B: FEDERAL DEFINITIONS CITED IN 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 NSR pollutant : Fossil fuel-fired steam electric plants of 

more than 250 million 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 aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal 

incinerators capable of charging more than 250 tons 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 (or combinations thereof) totaling more than 250 million 

British thermal units per hour heat input, petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels, 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, 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) A major source that is major for volatile organic compounds or NOx shall be considered major for 

ozone. 

(iii) The fugitive emissions of a 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 aluminum ore reduction plants ; 

(g) Primary copper smelters; 
FP 2010-111 Adopted 3 

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(i) Hydrofluoric, sulfuric, or nitric acid plants ; 

(j) Petroleum refineries; 

(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 term chemical 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 250 million British thermal 

units per hour heat input; 

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels ; 

(w) Taconite ore processing plants ; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants ; 

(z) Fossil fuel-fired steam electric plants of more that 250 million 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. 

(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 of emissions of that 

pollutant released from the regulated activity. Except that: 

(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 term tpy C02 equivalent 

emissions (C02e) shall represent an amount of GHGs emitted, and shall be computed as follows: 

(a) 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 A 

of part 98 of this chapter- Global Warming Potentials. 
FP 2010-111 Adopted 4 

(b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this section for each gas to compute a 

tpy Me. 

(iii) The term emissions 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) of this 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 NSR pollutant, and "significant" is defined as 75,000 tpy CO,,e 

instead of applying the value in paragraph (b)(23)(ii) of this section . 

(50) Regulated NSR pollutant, 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 EPA demonstrates 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 from sources 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 under or 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 new major stationary source for a regulated NSR pollutant that is not 

GHGs, and also will emit or will have the potential to emit 75,000 tpy COZe or more; or 

(b) The stationary source is an existing major stationary source for a regulated 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 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 new stationary 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 100,000 tpy C02e, when 

such stationary source undertakes a physical change or change in the method of operation that will 

result in an emissions increase of 75,000 tpy CO,,e or more. 

(vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate 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 PSD permits. Compliance with emissions limitations for 
FP 2010-111 Adopted 5 

PM, PM2.5 and PM10 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. 

40 CFR 70.2 Definitions : 

Major source 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) of this definition. For the purposes of defining "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) A major 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, 10 tons 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 of such hazardous air 

pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the 

preceding sentence, emissions from any oil or gas exploration or production well (with its associated 

equipment) and emissions from any pipeline compressor or pump station 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 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, that directly emits 

or has the potential to emit, 100 tpy or more of any air pollutant subject to regulation (including any major 

source of fugitive emissions of any such pollutant, as determined by rule by the Administrator) . The fugitive 

emissions of a 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 aluminum ore reduction plants ; 

(vii) Primary 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; 
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 term chemical 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 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; or 

(xxvii) Any other stationary source category, which as of August 7, 1980 is being regulated under 

section 111 or 112 of the Act. 

A major 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 100 tpy or more of volatile 

organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy 

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 50 tpy 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 50 tpy 

or more of carbon monoxide; and 

(iv) For particulate matter (PM-10) nonattainment areas classified as "serious," sources with the 

potential to emit 70 tpy 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 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 of emissions of that 

pollutant released from the 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 of July 1, 2011, the 

GHG emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CO, 

equivalent emissions . 

(2) The term tpy 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 A of 

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 40 CFR 

52.21(b) through (p), (r), (t), (v), and (w), July 1, 2001 edition, shall apply for the purposes of implementing 

a PSD permit program that 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, 2009 edition, as amended at 75 FR 

31606-31607 by the addition of a definition of "subject to regulation" as (b)(49) and revisions to the 

definition of "regulated NSR pollutant" 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 STATUTES AND FEDERAL STATUTES AND REGULATIONS IMPLEMENTED 

Rule Section(s) State Statute(s) Implemented Federal Statute or Regulation Implemented 

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) ; 40 CFR § 51 .166 

APPENDIX B: FEDERAL DEFINITIONS CITED IN ENV-A 619.03 

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 NSR pollutant: Fossil fuel-fired steam electric plants of more 

than 250 million 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 

aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators 

capable of charging more than 250 tons 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 (or combinations thereof) totaling more than 250 million British thermal 

units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 
FP 2010-112 Adopted 2 

300,000 barrels, 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, 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) A major source that is major for volatile organic compounds or NOx shall be considered major for 

ozone. 

(iii) The fugitive emissions of a 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 aluminum ore reduction plants ; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(i) Hydrofluoric, sulfuric, or nitric acid plants ; 

(j) Petroleum refineries ; 

(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 term chemical 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 250 million British thermal units per 

hour heat input; 

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels ; 

(w) Taconite ore processing plants ; 
FP 2010-112 Adopted 3 

(x) Glass fiber processing plants ; 

(y) Charcoal production plants ; 

(z) Fossil fuel-fired steam electric plants of more that 250 million 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: 100 tons per year (tpy) 

Nitrogen oxides : 40 tpy 

Sulfur dioxide : 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions 

PM,(): 15 tpy 

PM2.5 : 10 tpy of direct PM2,5emissions; 40 tpy of sulfur dioxide emissions ; 40 tpy of nitrogen oxide 

emissions unless demonstrated not to be a PMZ.5 precursor under paragraph (b)(50) of this section 

Ozone: 40 tpy 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) : 10 tpy 

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 (40 tons per year) 

Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams 

per year (50 tons per year) 

(ii) Significant means, in reference to a net emissions increase or the potential of a source to emit a 

regulated NSR pollutant 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 or greater than 1 P g/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 of emissions of that 

pollutant released from the 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 term tpy C02 equivalent 

emissions (CO,e) shall represent an amount of GHGs emitted, and shall be computed as follows: 

(a) 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 A 

of part 98 of this chapter- Global Warming Potentials . 

(b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this section for each gas to compute a 

tpy CO-,e . 

(iii) The term emissions 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) of this 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 NSR pollutant, and "significant" is defined as 75,000 tpy COZe 

instead of applying the value in paragraph (b)(23)(ii) of this section . 

(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 regulated NSR pollutant that is not 

GHGs, and also will emit or will have the potential to emit 75,000 tpy COZe or more; or 

(b) The stationary source is an existing major stationary source for a regulated 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 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 new stationary source that will emit or have the potential to emit 100,000 tpy COZe ; or 

(b) At an existing stationary source that emits or has the potential to emit 100,000 tpy COZe, when 

such stationary source undertakes a physical change or change in the method of operation that will 

result in an emissions increase of 75,000 tpy COZe or more. 

(50) Regulated NSR pollutant, 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 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 EPA demonstrates 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 from sources 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) 

of this section . 

(v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this section, the term regulated NSR pollutant 

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 of a general 

pollutant listed under section 108 of the Act. 

(vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate 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 PSD permits. 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. 

40 CFR 98, Table A-1: 

Name CAS No. Chemical formula 

Global 

warming 

potential 

(100 yr.) 

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 1 1 354-33-6 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 CH2 FCF2 CF I 3 ~ 1,340 

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

Name CAS No. Chemical formula 

Global 

warming 

potential 

(100 yr.) 

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 1 1 406-58-6 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) 1 1 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 -~ 7,500 

PFC-5-1-14 (Perfluorohexane) 355-42-0 C6F,4 7,400 

PFC-9-1-18 306-94-5 C1oF1g -~ 7,500 

HCFE-235 da2 (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 I I 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 E 1730135 -- E CF3CF20CHZCHF2 E 374 
FP 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 

CF CFCF OCH 

297 

blend 163702-08-7 ( 3)2 Z 3 

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 CH30CF(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 .