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OAR Box 1793 

Prepped by Keeia Richards 

Document Number: 

16) ll-F-58 

Docket Number: 

A-90-37 

Printed 11/3/2008 11:31:54 AM Sheet 16 of 45 
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US.E^,ronmcntal Protection Agency 

Research Tnangle Park, NC 27711 ^ 

FAX Number: (919)541-5509 <? D 

919-541- ^^9 ^ 

COMMENTS: 

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Section 51.166 Prevention of significant deterioration of 

air quality. 

t 

(b) 

(2) 

(iii) * * * 

* * * 

(H) The addition, replacement or use of-a pollution 

control project at an existing emissions unit unless the 

pollution control project will result in a significant net 

increase in representative actual annual emissions of any 

pollutant regulated under this section tho Act and the 

permitting authority determines that this increase will 

cause or contribute to a violation of any national- ambient 

air quality standard (including visibility) or prevention of 

significant deterioration increment or will adversely impact 

any air quality related value at any Class I area. For the 

purpose of this paragraph, in lieu of the source's 

representative actual annual emissions, the emissions levels 

used for that source in the most recent air quality impact 

analysis in the area conducted for the purpose of title I, 

if any, may be used. 

**** * 

(L) Any activity undertaken at an existing emissions 

unit for which a federally enforceable emission limit has 

been established, provided that: 

(1.) The activity or project will not increase the 

maximum emissions rate, in pounds or kilograms per hour, 

above the maximum emissions rate achievable by the emission 

unit at any time during the 180 consecutive days which 

precede the date of the activity or project and the 

emissions increase is determined by: 

(jL) Material balances, continuous emission monitoring 

data, or manual emission tests using the EPA-approved 

procedures, where available, and conducted under such 

conditions as the permitting authority will specify to the 

owner or operator based on representative performance of the 

emission units affected by the activity or project including 

at least three valid test runs conducted before and at least 

three valid test runs conducted after the activity or 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

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(iii) A detailed description of the system of 

continuous emission reduction proposed by the source or 

modification, and all information used or consulted in 

either recommending the best available control technology 

according to paragraph (j)(5) of this section or applying 

for the undemonstrated technology or application waiver 

under paragraph (s) of this section. 

(iv) Information and data used or consulted to perform 

all required analyses or determinations under paragraph (o), 

(p) , (r), (s) and (u) of this section, as applicable. 

(3) The plan shall provide that upon request of the 

permitting authority, the owner or operator shall provide 

any information and data used or consulted to perform all 

required analyses or determinations under paragraph (k), (1) 

and (m) of this section. 

(4) The plan shall provide that an application shall 

not be considered complete unless the permit application has 

. been registered on the applicable EPA electronic bulletin 

board. To register, at a minimum, the following must be 

provided: 

(i) Name and type of source; 

(ii) Nature of proposed project, i.e., new facility or 

modification; 

(iii) Proposed location of the sSource location in 

state/county (including Universal Transverse Mercator 

coordinates) and the distance between the source and each 

Class I area within 250 kilometers; 

(iv) Anticipated allowable emissions, or increase in 

emission rate, for each affected air pollutant regulated 

under the Act; 

(v) Source contact mailing address and telephone 

number; and 

(vi) The permitting agency responsible for issuing the 

permit. 

(5) The plan shall provide that prior to making a 

completeness determination, the permitting authority shall 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

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values in a Federal Class I area all available information 

about such values and methods to analyze potential impacts. 

(iii) Consultation with Federal Land Manager. The 

plan shall provide for consultation and coordination with 

the Federal Land Manager including the procedures contained 

in paragraph (p)(3) through (p)(6) of this section. 

(3) Pre-application coordination. The plan shall 

provide that, for a proposed major source or major 

modification within 100 kilometers of a Federal Class I 

area--

(i) The affected Federal Land Manager shall be 

notified within 30 days from receipt by the permitting 

authority of advance notification of a permit application, 

and 

(ii) The affected Federal Land Manager shall be given 

reasonable notice and an opportunity to participate in preapplication meetings with the applicant. 

(4) Permit application coordination. The plan shall 

provide that--

(i) The Federal Land Manager of any Federal Class I 

area within 100 kilometers of a proposed major source or 

major modification shall be provided with a copy of the 

permit application and other relevant information; 

(ii) The Federal Land Manager shall be provided with a 

copy of a permit application requested within 7 days from 

the date information is registered on the applicable EPA 

electronic bulletin board (in accordance with paragraph 

(n)(4) of this section); 

(5) Completeness determination coordination. The plan 

shall provide that prior to making the completeness 

determination under paragraph (n)(1) of this section, the 

permitting authority shall--

(i) Ensure that the applicant has provided any 

analysis required pursuant to paragraph (p)(2)(i) of this 

section; 

(ii) Give the Federal Land Manager 3 0 days from 

receipt of an application to review the application, where 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

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which permit applicants would not otherwise be responsible 

to consider in determining best available control technology 

as of the date an application is complete according to 

paragraph (j) (5) (iii) of this section. Such information may 

include the name and location of the source utilizing the 

control technology, manufacturer and type of control device, 

date of installation and operation of control device, and 

performance requirements and available test data. 

(3) The plan shall provide that--

(i) After any cut-off date established pursuant to 

paragraph (j)(5)(iii) of* this section, the permitting 

authority shall notify a permit applicant within 10 working 

days upon receiving a public comment on any control 

technology alternatives that the permitting authority 

determines to warrant further consideration by the 

applicant; and 

(ii) The permitting authority shall make available in 

the public record all information that was submitted with 

public comment regarding control technology alternatives and 

provide the basis for its decision to require or not require 

the permit applicant to further consider such control 

technology alternatives. 

**** * 

(r) * * * 

(1) The plan shall include enforceable procedures to--

(i) Provide that approval to construct shall not 

relieve any owner or operator of the responsibility to 

comply fully with applicable provisions of the plan and any 

other requirements under local, State or Federal law; and 

(ii) Require any owner or operator to construct and 

operate a source or modification in accordance with the 

application submitted pursuant to this section or with the 

terms of any approval to construct. 

**** * 

(s) Undemonstrated technology or application waiver 

(1) The plan may provide that an owner or operator of 

a proposed major stationary source or major modification may 

THIS DOCUMENT IS A PRELIMINARY DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW AND DOES NOT REPRESENT OFFICIAL EPA POLICY 

*** October 25, 1995 -- [filename 51 166 6.29] ***