Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 33 - Construction Permit Requirements for Major Stationary Sources- Prevention of Significant Deterioration (PSD) › Rule 567-33.3 - Psd Construction Permit Requirements for Major Stationary Sources

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
Definitions included in this subrule apply to the
				provisions set forth in this rule (PSD program requirements). For purposes of
				this rule and unless otherwise noted, the definitions herein apply. Definitions
				that are adopted by reference from
				40 CFR
				51.166 or
				52.21 are as amended through July
				19, 2021, unless otherwise noted. The following phrases contained in
				40 CFR
				51.166 are not adopted by reference: "it
				shall also provide that," "mechanism whereby," "the plan may provide that,"
				"the plan provides that," "the plan shall provide," and "the plan shall provide
				that." Additionally, the term "the plan" shall mean "State Implementation Plan"
				or "SIP."
For purposes of this rule, the following terms have the
				  meanings indicated in this subrule:
"Act"
means the Clean Air Act,
				  42 U.S.C. Sections
				  7401, et seq., as amended through November
				  15, 1990.
"Actual emissions"
means:
1. The actual rate of emissions of a
				regulated NSR pollutant from an emissions unit, as determined in accordance
				with paragraphs "2" through "4," except that this definition shall not apply
				for calculating whether a significant emissions increase has occurred, or for
				establishing a PAL under
				567-33.9 (455B). Instead, the
				requirements specified under the definitions for "projected actual emissions"
				and "baseline actual emissions" shall apply for those purposes.
2. In general, actual emissions as of a
				particular date shall equal the average rate, in tons per year, at which the
				unit actually emitted the pollutant during a consecutive 24-month period that
				precedes the particular date and that is representative of normal source
				operation. The department shall allow the use of a different time period upon a
				determination that it is more representative of normal source operation. Actual
				emissions shall be calculated using the unit's actual operating hours,
				production rates, and types of materials processed, stored, or combusted during
				the selected time period.
3. The
				department may presume that source-specific allowable emissions for the unit
				are equivalent to the actual emissions of the unit.
4. For any emissions unit that has not begun
				normal operations on the particular date, actual emissions shall equal the
				potential to emit of the unit on that date.
"Administrator"
means the administrator for
				  the United States Environmental Protection Agency (EPA) or designee.
"Allowable emissions"
means the emissions
				  rate of a stationary source calculated using the maximum rated capacity of the
				  source (unless the source is subject to federally enforceable limits or
				  enforceable permit conditions that restrict the operating rate, or hours of
				  operation, or both) and the most stringent of the following:
1. The applicable standards as set forth in
				567-subrules 23.1(2) through 23.1(5) (new source performance standards,
				emissions standards for hazardous air pollutants, and federal emissions
				guidelines) or an applicable federal standard not adopted by the state, as set
				forth in 40 CFR Parts 60, 61 and 63;
2. The applicable SIP emissions limitation,
				including those with a future compliance date; or
3. The emissions rate specified as an
				enforceable permit condition, including those with a future compliance
				date.
"Baseline actual emissions,"
for the
				  purposes of this chapter, means the rate of emissions, in tons per year, of a
				  regulated NSR pollutant, as "regulated NSR pollutant" is defined in this
				  subrule, and as determined in accordance with paragraphs "1" through
				  "4."
1. For any existing electric
				utility steam generating unit, "baseline actual emissions" means the average
				rate, in tons per year, at which the unit actually emitted the pollutant during
				any consecutive 24-month period selected by the owner or operator within the
				five-year period immediately preceding the date on which the owner or operator
				begins actual construction of the project. The department shall allow the use
				of a different time period upon a determination that it is more representative
				of normal source operation.
(a) The average
				rate shall include fugitive emissions to the extent quantifiable and emissions
				associated with startups, shutdowns, and malfunctions.
(b) The average rate shall be adjusted
				downward to exclude any noncompliant emissions that occurred while the source
				was operating above an emissions limitation that was legally enforceable during
				the consecutive 24-month period.
(c) For a regulated NSR pollutant, when a
				project involves multiple emissions units, only one consecutive 24-month period
				must be used to determine the baseline actual emissions for the emissions units
				being changed. A different consecutive 24-month period may be used for each
				regulated NSR pollutant.
(d) The
				average rate shall not be based on any consecutive 24-month period for which
				there is inadequate information for determining annual emissions, in tons per
				year, and for adjusting this amount if required by paragraph "1"(b).
2. 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 ten-year period immediately
				preceding either the date on which the owner or operator begins actual
				construction of the project, or the date on which a complete permit application
				is received by the department for a permit required either under this chapter
				or under a SIP approved by the Administrator, whichever is earlier, except that
				the ten-year period shall not include any period earlier than November 15,
				1990.
(a) The average rate shall include
				fugitive emissions to the extent quantifiable and emissions associated with
				startups, shutdowns, and malfunctions.
(b) The average rate shall be adjusted
				downward to exclude any noncompliant emissions that occurred while the source
				was operating above an emissions limitation that was legally enforceable during
				the consecutive 24-month period.
(c) The average rate shall be adjusted
				downward to exclude any emissions that would have exceeded an emissions
				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 emissions limitation is
				part of a maximum achievable control technology standard that the Administrator
				proposed or promulgated under 40 CFR Part 63, 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 40 CFR
				51.165(a)(3)(ii)(G) as
				amended through November 29, 2005.
(d) For a regulated NSR pollutant, when a
				project involves multiple emissions units, only one consecutive 24-month period
				must be used to determine the baseline actual emissions for the emissions units
				being changed. A different consecutive 24-month period may be used for each
				regulated NSR pollutant.
(e) The
				average rate shall not be based on any consecutive 24-month period for which
				there is inadequate information for determining annual emissions, in tons per
				year, and for adjusting this amount if required by paragraphs "2"(b) and
				"2"(c).
3. For a new
				emissions unit, the baseline actual emissions for purposes of determining the
				emissions increase that will result from the initial construction and operation
				of such unit shall equal zero; and thereafter, for all other purposes, shall
				equal the unit's potential to emit.
4. For a PAL for a stationary source, the
				baseline actual emissions shall be calculated for existing electric utility
				steam generating units in accordance with the procedures contained in paragraph
				"1," for other existing emissions units in accordance with the procedures
				contained in paragraph "2," and for a new emissions unit in accordance with the
				procedures contained in paragraph "3."
"Baseline area"
means:
1. Any intrastate area (and every part
				thereof) designated as attainment or unclassifiable under Section
				107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major
				modification establishing the minor source baseline date would construct or
				would have an air quality impact for the pollutant for which the baseline date
				is established, as follows: equal to or greater than 1 µg/m3 (annual
				average) for sulfur dioxide (SO2), nitrogen dioxide
				(NO2) or PM10; or equal to or
				greater than 0.3 µg/m3 (annual average) for
				PM2.5.
2.
				Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the Act cannot
				intersect or be smaller than the area of impact of any major stationary source
				or major modification that establishes a minor source baseline date or is
				subject to regulations specified in this rule, in
				40 CFR
				52.21 (PSD requirements), or in department
				rules approved by EPA and published in 40 CFR Part 51, Subpart I, as amended
				through October 20, 2010, and would be constructed in the same state as the
				state proposing the redesignation.
3. Any baseline area established originally
				for the total suspended particulate increments shall remain in effect and shall
				apply for purposes of determining the amount of available
				PM10 increments, except that such baseline area shall
				not remain in effect if the permitting authority rescinds the corresponding
				minor source baseline date in accordance with the definition of "baseline date"
				specified in this subrule.
"Baseline concentration"
means:
1. The ambient concentration level that
				exists in the baseline area at the time of the applicable minor source baseline
				date. A baseline concentration is determined for each pollutant for which a
				minor source baseline date is established and shall include:
(a) The actual emissions representative of
				sources in existence on the applicable minor source baseline date, except as
				provided in paragraph "2";
(b) The
				allowable emissions of major stationary sources that commenced construction
				before the major source baseline date but were not in operation by the
				applicable minor source baseline date.
2. The following will not be included in the
				baseline concentration and will affect the applicable maximum allowable
				increase(s):
(a) Actual emissions from any
				major stationary source on which construction commenced after the major source
				baseline date; and
(b) Actual
				emissions increases and decreases at any stationary source occurring after the
				minor source baseline date.
"Baseline date"
means:
1. Either "major source baseline date" or
				"minor source baseline date" as follows:
(a)
				The "major source baseline date" means, in the case of
				PM10 and sulfur dioxide, January 6, 1975; in the case of
				nitrogen dioxide, February 8, 1988; and in the case of
				PM2.5, October 20, 2010.
(b) The "minor source baseline date" means
				the earliest date after the trigger date on which a major stationary source or
				a major modification subject to
				40 CFR
				52.21 as amended through October 20, 2010, or
				subject to this rule (PSD program requirements), or subject to a department
				rule approved by EPA and published in 40 CFR Part 51, Subpart I, as amended
				through October 20, 2010, submits a complete application under the relevant
				regulations. The trigger date for PM10 and sulfur
				dioxide is August 7, 1977. For nitrogen dioxide, the trigger date is February
				8, 1988. For PM2.5, the trigger date is October 20,
				2011.
2. The "baseline
				date" is established for each pollutant for which increments or other
				equivalent measures have been established if:
(a) The area in which the proposed source or
				modification would construct is designated as attainment or unclassifiable
				under Section 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the
				date of its complete application under
				40 CFR
				52.21 as amended through October 20, 2010, or
				under regulations specified in this rule (PSD program requirements);
				and
(b) In the case of a major
				stationary source, the pollutant would be emitted in significant amounts, or in
				the case of a major modification, there would be a significant net emissions
				increase of the pollutant.
Any minor source baseline date established originally for the
				  total suspended particulate increments shall remain in effect and shall apply
				  for purposes of determining the amount of available PM10
				  increments, except that the reviewing authority may rescind any such minor
				  source baseline date where it can be shown, to the satisfaction of the
				  reviewing authority, that the emissions increase from the major stationary
				  source, or the net emissions increase from the major modification, responsible
				  for triggering that date did not result in a significant amount of
				  PM10 emissions.
"Begin actual construction"
means, in
				  general, initiation of physical on-site construction activities on an emissions
				  unit that are of a permanent nature. Such activities include, but are not
				  limited to, installation of building supports and foundations, laying of
				  underground pipework, and construction of permanent storage structures. With
				  respect to a change in method of operation, this term refers to those on-site
				  activities, other than preparatory activities, that mark the initiation of the
				  change.
"Best available control technology"
or
"BACT"
means an emissions limitation, including a visible
				  emissions standard, based on the maximum degree of reduction for each regulated
				  NSR pollutant that would be emitted from any proposed major stationary source
				  or major modification that the reviewing authority, on a case-by-case basis,
				  taking into account energy, environmental, and economic impacts and other
				  costs, determines is achievable for such source or modification through
				  application of production processes or available methods, systems, and
				  techniques, including fuel cleaning or treatment or innovative fuel combination
				  techniques for control of such pollutant. In no event shall application of best
				  available control technology result in emissions of any pollutant that would
				  exceed the emissions allowed by any applicable standard under 567-subrules
				  23.1(2) through 23.1(5) (standards for new stationary sources, federal
				  standards for hazardous air pollutants, and federal emissions guidelines), or
				  federal regulations as set forth in 40 CFR Parts 60, 61 and 63 but not adopted
				  by the state. If the department determines that technological or economic
				  limitations on the application of measurement methodology to a particular
				  emissions unit would make the imposition of an emissions standard infeasible, a
				  design, equipment, work practice, operational standard or combination thereof
				  may be prescribed instead to satisfy the requirement for the application of
				  best available control technology. Such standard shall, to the degree possible,
				  set forth the emissions reduction achievable by implementation of such design,
				  equipment, work practice or operation and shall provide for compliance by means
				  that achieve equivalent results.
"Building, structure, facility, or
				  installation"
means all of the pollutant-emitting activities that
				  belong to the same industrial grouping, are located on one or more contiguous
				  or adjacent properties, and are under the control of the same person (or
				  persons under common control) except the activities of any vessel.
				  Pollutant-emitting activities shall be considered as part of the same
				  industrial grouping if they belong to the same major group (i.e., that have the
				  same two-digit code) as described in the Standard Industrial Classification
				  Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing
				  Office stock numbers 4101-0066 and 003-005-00176-0, respectively).
"CFR"
means the Code of Federal Regulations,
				  with standard references in this chapter by title and part, so that " 40 CFR 51
				  " or " 40 CFR Part 51 " means "Title 40 Code of Federal Regulations, Part
				  51."
"Clean coal technology"
means the definition
				  of "clean coal technology" set forth in
				  40 CFR
				  52.21(b)(34) and is adopted
				  by reference.
"Clean coal technology demonstration
				  project"
means the definition of "clean coal technology demonstration
				  project" set forth in 40 CFR
				  52.21(b)(35) and is adopted
				  by reference.
"Commence,"
as applied to construction of a
				  major stationary source or major modification, means that the owner or operator
				  has all necessary preconstruction approvals or permits and either has:
1. Begun, or caused to begin, a continuous
				program of actual on-site construction of the source, to be completed within a
				reasonable time; or
2. Entered into
				binding agreements or contractual obligations, which cannot be canceled or
				modified without substantial loss to the owner or operator, to undertake a
				program of actual construction of the source to be completed within a
				reasonable time.
"Complete"
means, in reference to an
				  application for a permit, that the application contains all the information
				  necessary for processing the application. Designating an application complete
				  for purposes of permit processing does not preclude the department from
				  requesting or accepting any additional information.
"Construction"
means any physical change or
				  change in the method of operation, including fabrication, erection,
				  installation, demolition, or modification of an emissions unit, that would
				  result in a change in emissions.
"Continuous emissions monitoring system"
or
"CEMS"
means the definition of "continuous emissions
				  monitoring system" set forth in
				  40 CFR
				  52.21(b)(44) and is adopted
				  by reference.
"Continuous emissions rate monitoring
				  system"
or
"CERMS"
means the definition of
				  "continuous emissions rate monitoring system" set forth in
				  40 CFR
				  52.21(b)(47) and is adopted
				  by reference.
"Continuous parameter monitoring system"
or
"CPMS"
means the definition of "continuous parameter
				  monitoring system" set forth in
				  40 CFR
				  52.21(b)(46) and is adopted
				  by reference.
"Electric utility steam generating unit"
means any steam electric generating unit that is constructed for the purpose of
				  supplying more than one-third of its potential electric output capacity and
				  more than 25 MW electrical output to any utility power distribution system for
				  sale. Any steam supplied to a steam distribution system for the purpose of
				  providing steam to a steam-electric generator that would produce electrical
				  energy for sale is also considered in determining the electrical energy output
				  capacity of the affected facility.
"Emissions unit"
means any part of a
				  stationary source that emits or would have the potential to emit any regulated
				  NSR pollutant and includes an electric utility steam generating unit. For
				  purposes of this chapter, there are two types of emissions units:
1. A new emissions unit is any emissions unit
				that is (or will be) newly constructed and that has existed for less than two
				years from the date such emissions unit first operated.
2. An existing emissions unit is any
				emissions unit that does not meet the requirements in paragraph "1." A
				replacement unit is an existing emissions unit.
"Enforceable permit condition,"
for the
				  purpose of this chapter, means any of the following limitations and conditions:
				  requirements developed pursuant to new source performance standards, prevention
				  of significant deterioration standards, emissions standards for hazardous air
				  pollutants, requirements within the SIP, and any permit requirements
				  established pursuant to this chapter, any permit requirements established
				  pursuant to 40 CFR
				  52.21 or Part 51, Subpart I, as amended
				  through October 20, 2010, or under construction or Title V operating permit
				  rules.
"Federal land manager"
means, with respect
				  to any lands in the United States, the secretary of the department with
				  authority over such lands.
"Federally enforceable"
means all
				  limitations and conditions that are enforceable by the Administrator and the
				  department, including those federal requirements not adopted by the state,
				  developed pursuant to 40 CFR Parts 60, 61 and 63; requirements within
				  567-subrules 23.1(2) through 23.1(5); requirements within the SIP; any permit
				  requirements established pursuant to
				  40 CFR
				  52.21 or under regulations approved pursuant
				  to 40 CFR Part 51, Subpart I, as amended through October 20, 2010, including
				  operating permits issued under an EPA-approved program, that are incorporated
				  into the SIP and expressly require adherence to any permit issued under such
				  program.
"Fugitive emissions"
means those emissions
				  that could not reasonably pass through a stack, chimney, vent, or other
				  functionally equivalent opening.
"High terrain"
means any area having an
				  elevation 900 feet or more above the base of the stack of a source.
"Indian governing body"
means the governing
				  body of any tribe, band, or group of Indians subject to the jurisdiction of the
				  United States and recognized by the United States as possessing power of
				  self-government.
"Indian reservation"
means any federally
				  recognized reservation established by treaty, agreement, executive order, or
				  Act of Congress.
"Innovative control technology"
means the
				  definition of "innovative control technology" set forth in
				  40 CFR
				  52.21(b)(19) and is adopted
				  by reference.
"Lowest achievable emissions rate"
or
"LAER"
means the definition of "lowest achievable emissions
				  rate" or "LAER" set forth in 40 CFR
				  52.21(b)(53) and is adopted
				  by reference.
"Low terrain"
means any area other than high
				  terrain.
"Major modification"
means any physical
				  change in or change in the method of operation of a major stationary source
				  that would result in a significant emissions increase of a regulated NSR
				  pollutant and a significant net emissions increase of that pollutant from the
				  major stationary source.
1. Any
				significant emissions increase from any emissions units or net emissions
				increase at a major stationary source that is significant for volatile organic
				compounds or NOx shall be considered significant for
				ozone.
2. A physical change or
				change in the method of operation shall not include:
(a) Routine maintenance, repair and
				replacement;
(b) Use of an
				alternative fuel or raw material by reason of any order under Section 2(a) and
				(b) of the Energy Supply and Environmental Coordination Act of 1974 or by
				reason of a natural gas curtailment plan pursuant to the Federal Power
				Act;
(c) Use of an alternative fuel
				by reason of an order or rule under Section 125 of the Act;
(d) Use of an alternative fuel at a steam
				generating unit to the extent that the fuel is generated from municipal solid
				waste;
(e) Use of an alternative
				fuel or raw material by a stationary source that the source was capable of
				accommodating before January 6, 1975, unless such change would be prohibited
				under any federally enforceable permit condition, or that the source is
				approved to use under any federally enforceable permit condition;
(f) An increase in the hours of operation or
				in the production rate, unless such change would be prohibited under any
				federally enforceable permit condition that was established after January 6,
				1975;
(g) Any change in ownership
				at a stationary source;
(h)
				Reserved.
(i) The installation,
				operation, cessation, or removal of a temporary clean coal technology
				demonstration project, provided that the project complies with the requirements
				within the SIP; and other requirements necessary to attain and maintain the
				national ambient air quality standards during the project and after the project
				is terminated;
(j) The installation
				or operation of a permanent clean coal technology demonstration project that
				constitutes repowering, provided that the project does not result in an
				increase in the potential to emit of any regulated pollutant emitted by the
				unit. This exemption shall apply on a pollutant-by-pollutant basis;
(k) The reactivation of a very clean
				coal-fired electric utility steam generating unit.
3. This definition shall not apply with
				respect to a particular regulated NSR pollutant when the major stationary
				source is complying with the requirements under
				567-33.9 (455B) for a PAL for
				that pollutant. Instead, the definition under
				567-33.9 (455B) shall
				apply.
"Major source baseline date"
is defined
				  under the definition of "baseline date."
"Major stationary source"
means:
1.
(a) Any
				one of the following stationary sources of air pollutants that 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;
* Primary copper smelters;
* Municipal incinerators capable of charging more than 50
				  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 code 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 "1"(a), any stationary source that 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 this
				definition as a major stationary source if the change would constitute a major
				stationary source by itself.
2. A major source that is major for volatile
				organic compounds or NOxshall be considered major for
				ozone.
3. The fugitive emissions of
				a stationary source shall not be included in determining for any of the
				purposes of this rule whether it is a major stationary source, unless the
				source belongs to one of the categories of stationary sources listed in
				paragraph "1"(a) or to any other stationary source category that, as of August
				7, 1980, is being regulated under Section 111 or 112 of the Act.
"Minor source baseline date"
is defined
				  under the definition of "baseline date."
"Necessary preconstruction approvals or
				  permits"
means those permits or approvals required under federal air
				  quality control laws and regulations and those air quality control laws and
				  regulations that are part of the SIP.
"Net emissions increase"
means, with respect
				  to any regulated NSR pollutant emitted by a major stationary source, the amount
				  by which the following exceeds zero:
* The increase in emissions from a particular physical change
				  or change in the method of operation at a stationary source as calculated
				  according to the applicability requirements under 33.3(2); and
* 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 actual emissions for calculating
				  increases and decreases under this definition of "net emissions increase" shall
				  be determined as provided for under the definition of "baseline actual
				  emissions," except that paragraphs "1"(c) and "2"(d) of the definition of
				  "baseline actual emissions," which describe provisions for multiple emissions
				  units, shall not apply.
1. An increase
				or decrease in actual emissions is contemporaneous with the increase from the
				particular change only if the increase or decrease in actual emissions occurs
				between the date five years before construction on the particular change
				commences and the date that the increase from the particular change
				occurs.
2. An increase or decrease
				in actual emissions is creditable only if:
(a) The increase or decrease in actual
				emissions occurs within the contemporaneous time period, as noted in paragraph
				"1" of this definition; and
(b) The
				department has not relied on the increase or decrease in actual emissions in
				issuing a permit for the source under this rule, which permit is in effect when
				the increase in actual emissions from the particular change occurs.
3. An increase or decrease in
				actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that
				occurs before the applicable minor source baseline date is creditable only if
				the increase or decrease in actual emissions is required to be considered in
				calculating the amount of maximum allowable increases remaining
				available.
4. An increase in actual
				emissions is creditable only to the extent that the new level of actual
				emissions exceeds the old level.
5.
				A decrease in actual emissions is creditable only to the extent that:
(a) The old level of actual emissions or the
				old level of allowable emissions, whichever is lower, exceeds the new level of
				actual emissions;
(b) The decrease
				in actual emissions is enforceable as a practical matter at and after the time
				that actual construction on the particular change begins; and
(c) The decrease in actual emissions has
				approximately the same qualitative significance for public health and welfare
				as that attributed to the increase from the particular change.
6. An increase that results from a
				physical change at a source occurs when the emissions unit on which
				construction occurred becomes operational and begins to emit a particular
				pollutant. Any replacement unit that requires shakedown becomes operational
				only after a reasonable shakedown period, not to exceed 180 days.
7. The definition of "actual emissions,"
				paragraph "2," shall not apply for determining creditable increases and
				decreases.
"Nonattainment area"
means an area so
				  designated by the Administrator, acting pursuant to Section 107 of the
				  Act.
"Permitting authority"
means the Iowa
				  department of natural resources or the director thereof.
"Pollution prevention"
means any activity
				  that, through process changes, product reformulation or redesign, or
				  substitution of less polluting raw materials, eliminates or reduces the release
				  of air pollutants (including fugitive emissions) and other pollutants to the
				  environment prior to recycling, treatment, or disposal. "Pollution prevention"
				  does not mean recycling (other than certain "in-process recycling" practices),
				  energy recovery, treatment, or disposal.
"Potential to emit"
means the maximum
				  capacity of a stationary source to emit a pollutant under its physical and
				  operational design. Any physical or operational limitation on the capacity of
				  the source to emit a pollutant, including air pollution control equipment and
				  restrictions on hours of operation or on the type or amount of material
				  combusted, stored, or processed, shall be treated as part of its design if the
				  limitation or the effect it would have on emissions is federally enforceable.
				  Secondary emissions do not count in determining the potential to emit of a
				  stationary source.
"Predictive emissions monitoring system"
or
"PEMS"
means the definition of "predictive emissions
				  monitoring system" set forth in
				  40 CFR
				  52.21(b)(45) and is adopted
				  by reference.
"Prevention of significant deterioration (PSD)
				  program"
means a major source preconstruction permit program that has
				  been approved by the Administrator and incorporated into the SIP or means the
				  program in 40 CFR
				  52.21. Any permit issued under such a program
				  is a major NSR permit.
"Project"
means a physical change in, or
				  change in method of operation of, an existing major stationary source.
"Projected actual emissions,"
for the
				  purposes of this chapter, means the maximum annual rate, in tons per year, at
				  which an existing emissions unit is projected to emit a regulated NSR pollutant
				  in any one of the five years (12-month period) beginning on the first day of
				  the month following the date when the unit resumes regular operation after the
				  project, or in any one of the ten years following that date, if the project
				  involves increasing the emissions unit's design capacity or its potential to
				  emit that regulated NSR pollutant, and full utilization of the unit would
				  result in a significant emissions increase, or a significant net emissions
				  increase at the major stationary source. For purposes of this definition,
				  "regular" shall be determined by the department on a case-by-case basis.
In determining the projected actual emissions before
				  beginning actual construction, the owner or operator of the major stationary
				  source:
1. Shall consider all relevant
				information including, but not limited to, historical operational data, the
				company's own representations, the company's expected business activity and the
				company's highest projections of business activity, the company's filings with
				the state or federal regulatory authorities, and compliance plans under the
				approved plan; and
2. Shall include
				fugitive emissions to the extent quantifiable and emissions associated with
				startups, shutdowns, and malfunctions; and
3. Shall exclude, in calculating any increase
				in emissions that results from the particular project, that portion of the
				unit's emissions following the project that an existing unit could have
				accommodated during the consecutive 24-month period used to establish the
				baseline actual emissions and that are also unrelated to the particular
				project, including any increased utilization due to product demand growth;
				or
4. In lieu of using the method
				set out in paragraphs "1" through "3," may elect to use the emissions unit's
				potential to emit, in tons per year.
"Reactivation of a very clean coal-fired electric
				  utility steam generating unit"
means the definition of "reactivation
				  of a very clean coal-fired electric utility steam generating unit" set forth in
				  40 CFR
				  52.21(b)(38) and is adopted
				  by reference.
"Regulated NSR pollutant"
means the
				  following:
1. Any pollutant for which
				a national ambient air quality standard has been promulgated and any
				constituents or precursors for such pollutants identified by the Administrator:
(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 department demonstrates to EPA's satisfaction
				or EPA demonstrates that emissions of nitrogen oxides from sources in a
				specific area are not a significant contributor to the area's ambient
				PM2.5 concentrations;
(d) Volatile organic compounds are presumed
				not to be precursors to PM2.5 in any attainment and
				unclassifiable areas, unless the department demonstrates to EPA'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;
2. Any pollutant that is subject to any
				standard promulgated under Section 111 of the Act;
3. Any Class I or Class II substance subject
				to a standard promulgated under or established by Title VI of the Act;
				or
4. Any pollutant that otherwise
				is subject to regulation under the Act as defined in 33.3(1), definition of
				"subject to regulation."
5.
				Notwithstanding paragraphs "1" through "4," the definition of "regulated NSR
				pollutant" shall not include any or all hazardous air pollutants that are
				either listed in Section 112 of the Act or added to the list pursuant to
				Section 112(b)(2) of the Act and that 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.
6.
				Particulate matter (PM) emissions, PM2.5 emissions and
				PM10 emissions shall include gaseous emissions from a
				source or activity that condense to form particulate matter at ambient
				temperatures.
"Replacement unit"
means an emissions unit
				  for which all the criteria listed in paragraphs "1" through "4" are met. No
				  creditable emissions reductions shall be generated from shutting down the
				  existing emissions unit that is replaced.
1. The emissions unit is a reconstructed unit
				within the meaning of 40 CFR
				60.15(b)(1) as amended
				through December 16, 1975, or the emissions unit completely takes the place of
				an existing emissions unit.
2. The
				emissions unit is identical to or functionally equivalent to the replaced
				emissions unit.
3. The replacement
				does not change the basic design parameter(s) of the process unit.
4. The replaced emissions unit is permanently
				removed from the major stationary source, otherwise permanently disabled, or
				permanently barred from operation by a permit that is enforceable as a
				practical matter. If the replaced emissions unit is brought back into
				operation, it shall constitute a new emissions unit.
"Repowering"
means the definition of
				  "repowering" set forth in 40
				  CFR 52.21(b)(37) and is
				  adopted by reference.
"Reviewing authority"
means the department,
				  or the Administrator in the case of EPA-implemented permit programs under
				  40 CFR
				  52.21.
"Secondary emissions"
means emissions that
				  occur as a result of the construction or operation of a major stationary source
				  or major modification but do not come from the major stationary source or major
				  modification itself. For the purposes of this chapter, "secondary emissions"
				  must be specific, well-defined, and quantifiable, and must impact the same
				  general areas as the stationary source modification that causes the secondary
				  emissions. "Secondary emissions" includes emissions from any offsite support
				  facility that would not be constructed or increase its emissions except as a
				  result of the construction or operation of the major stationary source or major
				  modification. "Secondary emissions" does not include any emissions that come
				  directly from a mobile source, such as emissions from the tailpipe of a motor
				  vehicle, from a train, or from a vessel.
"Significant"
means:
1. 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
* PM10: 15 tpy
* PM2.5: 10 tpy of direct
				  PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40
				  tpy of nitrogen oxide emissions (unless the department demonstrates to EPA's
				  satisfaction that emissions of nitrogen oxides from sources in a specific area
				  are not a significant contributor to the area's ambient
				  PM2.5 concentrations)
* Ozone: 40 tpy of volatile organic compounds or
				  NOx
* Lead: 0.6 tpy
* Fluorides: 3 tpy
* Sulfuric acid mist: 7 tpy
* Hydrogen sulfide (H2S): 10
				  tpy
* Total reduced sulfur (including
				  H2S): 10 tpy
* Reduced sulfur compounds (including
				  H2S): 10 tpy
* Municipal waste combustor organics (measured as total
				  tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2
				  Ã— 10-6 megagrams per year (3.5 Ã— 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 landfill emissions (measured as
				  nonmethane organic compounds): 45 megagrams per year (50 tons per year)
2. "Significant" means, for
				purposes of this rule and in reference to a net emissions increase or the
				potential of a source to emit a regulated NSR pollutant not listed in paragraph
				"1," any emissions rate.
3.
				Notwithstanding paragraph "1," "significant," for purposes of this rule, means
				any emissions rate or any net emissions increase associated with a major
				stationary source or major modification that would construct within ten
				kilometers of a Class I area and have an impact on such area equal to or
				greater than 1 µg/m3 (24-hour average).
"Significant emissions increase"
means, for
				  a regulated NSR pollutant, an increase in emissions that is significant for
				  that pollutant.
"State implementation plan"
or
"SIP"
means the plan adopted by the state of Iowa and approved
				  by the Administrator that provides for implementation, maintenance, and
				  enforcement of such primary and secondary ambient air quality standards as they
				  are adopted by the Administrator, pursuant to the Act.
"Stationary source"
means any building,
				  structure, facility, or installation that emits or may emit a regulated NSR
				  pollutant.
"Subject to regulation"
means, for any air
				  pollutant, that the pollutant is subject to either a provision in the Act, or a
				  nationally applicable regulation codified by the Administrator and published in
				  40 CFR Subchapter C (Air Programs) 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 40 CFR
				86.1818-12(a) (as amended
				through September 15, 2011) as the aggregate group of six greenhouse gases that
				includes carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
				perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation
				except as provided in paragraph "4," and shall not be subject to regulation if
				the stationary source maintains its total sourcewide emissions below the GHG
				PAL level, meets the requirements in
				567-33.9 (455B), and complies
				with the PAL permit containing the GHG PAL.
2. For purposes of paragraphs "3" and "4,"
				the term "tpy CO2 equivalent emissions
				(CO2e)" shall represent an amount of GHGs emitted and
				shall be computed as follows:
(a) Multiply the
				mass amount of emissions (tpy) for each of the six greenhouse gases in the
				pollutant GHGs by the associated global warming potential of the gas published
				at 40 CFR Part 98, Subpart A, Table A-1, "Global Warming Potentials," (as
				amended through December 24, 2014). For purposes of this definition, prior to
				July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include
				carbon dioxide emissions resulting from the combustion or decomposition of
				non-fossilized and biodegradable organic material originating from plants,
				animals, or microorganisms (including products, by-products, residues and waste
				from agriculture, forestry and related industries as well as the non-fossilized
				and biodegradable organic fractions of industrial and municipal wastes,
				including gases and liquids recovered from the decomposition of non-fossilized
				and biodegradable organic material).
(b) Sum the resultant value from paragraph
				(a) for each gas to compute a tpy CO2e.
3. The term "emissions increase,"
				as used in this paragraph and in paragraph "4," shall mean that both a
				significant emissions increase (as calculated using the procedures specified in
				33.3(2)
"c"
through
"h"
) and a significant net
				emissions increase (as specified in 33.3(1), in the definitions of "net
				emissions increase" and "significant") occur. For the pollutant GHGs, an
				emissions increase shall be based on tpy CO2e and shall
				be calculated assuming the pollutant GHGs are a regulated NSR pollutant, and
				"significant" is defined as 75,000 tpy CO2e rather than
				calculated by applying the value specified in 33.3(1), in paragraph "2" of the
				definition of "significant."
4.
				Beginning January 2, 2011, the pollutant GHGs are subject to regulation if:
(a) The stationary source is a new major
				stationary source for a regulated NSR pollutant that is not a GHG, and also
				will emit or will have the potential to emit 75,000 tpy
				CO2e or more, or
(b) The stationary source is an existing
				major stationary source for a regulated NSR pollutant that is not a GHG, and
				also will have an emissions increase of a regulated NSR pollutant and an
				emissions increase of 75,000 tpy CO2e or more.
"Temporary clean coal technology demonstration
				  project"
means the definition of "temporary clean coal technology
				  demonstration project" set forth in
				  40 CFR
				  52.21(b)(36) and is adopted
				  by reference.
"Title V permit"
means an operating permit
				  under Title V of the Act.
"Volatile organic compounds"
or
"VOC"
means any compound included in the definition of
				  "volatile organic compounds" found at
				  40 CFR
				  51.100(s) as amended through
				  February 8, 2023.