Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 31 - Nonattainment New Source Review › Rule 567-31.3 - Nonattainment New Source Review (NNSR) Requirements for Areas Designated Nonattainment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
For the purpose of NNSR, the following
				definitions shall apply:
"Act"
means the Clean Air Act,
				  42 U.S.C. §
											7401, et seq., as amended through November
				  15, 1990.
"Actual emissions"
means:
1. The actual rate of emissions of a
				regulated new source review (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
				567-31.9 (455B). Instead, the
				definitions of 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 U.S. 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 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 state implementation plan (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 rule, means the rate of emissions, in tons per year, of a
				  regulated NSR pollutant, 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 when 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 can 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) of this definition.
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 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 rule or under a plan 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 emission 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 emission
				limitation with which the major stationary source must currently comply, had
				such major stationary source been required to comply with such limitations
				during the consecutive 24-month period. However, if an emission limitation is
				part of a maximum achievable control technology standard that the Administrator
				proposed or promulgated under 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 31.3(3)
"b"
(7).
(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 can 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)
				of this definition.
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 major 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."
"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 operating, 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 department, 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 combustion 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 yet 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, or operational standard or combination thereof may be prescribed
				  instead to satisfy the requirement for the application of BACT. 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 4101-0065 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 any
				  technology, including technologies applied at the precombustion, combustion, or
				  post-combustion stage, at a new or existing facility that will achieve
				  significant reductions in air emissions of sulfur dioxide or oxides of nitrogen
				  associated with the utilization of coal in the generation of electricity, or
				  process steam that was not in widespread use as of November 15, 1990.
"Clean coal technology demonstration
				  project"
means a project using funds appropriated under the heading
				  "Department of Energy-Clean Coal Technology," up to a total amount of
				  $2,500,000,000 for commercial demonstration of clean coal technology, or
				  similar projects funded through appropriations for the EPA. The federal
				  contribution for a qualifying project shall be at least 20 percent of the total
				  cost of the demonstration project.
"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.
"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 all of the equipment that may be required to meet
				  the data acquisition and availability requirements of this rule, to sample, to
				  condition (if applicable), to analyze, and to provide a record of emissions on
				  a continuous basis.
"Continuous emissions rate monitoring
				  system"
or
"CERMS"
means the total equipment required
				  for the determination and recording of the pollutant mass emissions rate (in
				  terms of mass per unit of time).
"Continuous parameter monitoring system"
or
"CPMS"
means all of the equipment necessary to meet the data
				  acquisition and availability requirements of this rule, to monitor process and
				  control device operational parameters (for example, control device secondary
				  voltages and electric currents) and other information (for example, gas flow
				  rate, O2 or CO2 concentrations),
				  and to record average operational parameter value(s) on a continuous
				  basis.
"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 steam generating unit. For purposes of
				  this rule, there are two types of emissions units as described in paragraphs
				  "1" and "2."
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"
				of this definition. A replacement unit is an existing emissions unit.
"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 yet 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 is incorporated
				  into the SIP and expressly requires 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.
"Lowest achievable emissions rate"
or
"LAER"
means, for any source, the more stringent rate of
				  emissions based on the following:
1.
				The most stringent emissions limitation that is contained in the implementation
				plan of any state for such class or category of stationary source, unless the
				owner or operator of the proposed stationary source demonstrates that such
				limitations are not achievable; or
2. The most stringent emissions limitation
				that is achieved in practice by such class or category of stationary sources.
				This limitation, when applied to a modification, means the lowest achievable
				emissions rate for the new or modified emissions units within a stationary
				source. In no event shall the application of the term permit a proposed new or
				modified stationary source to emit any pollutant in excess of the amount
				allowable under an applicable new source standard of performance.
"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 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 an order under Sections 2(a) and (b) of the Energy Supply
				and Environmental Coordination Act of 1974 (or any superseding legislation) 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 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 December 21, 1976, unless such change would be prohibited
				under any federally enforceable permit condition that was established after
				December 12, 1976, pursuant to
				40 CFR §
												52.21 or under regulations approved pursuant
				to 40 CFR Subpart I or §51.166; or the source is approved to use under any
				permit issued under regulations approved pursuant to this rule;
(f) An increase in the hours of operation or
				in the production rate, unless such change is prohibited under any federally
				enforceable permit condition that was established after December 21, 1976,
				pursuant to 40 CFR §
												52.21 or regulations approved pursuant to 40
				CFR Part 51, Subpart I, or 40 CFR §
												51.166;
(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 SIP, and other requirements necessary to
				attain and maintain the national ambient air quality standard during the
				project and after it is terminated.
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
				567-31.9 (455B) for a PAL for
				that pollutant. Instead, the definition in
				567-31.9 (455B) shall
				apply.
4. For the purpose of
				applying the requirements of 31.3(8) to modifications at major stationary
				sources of nitrogen oxides located in ozone nonattainment areas or in ozone
				transport regions, whether or not subject to Subpart 2, Part D, Title I of the
				Act, any significant net emissions increase of nitrogen oxides is considered
				significant for ozone.
5. Any
				physical change in, or change in the method of operation of, a major stationary
				source of volatile organic compounds that results in any increase in emissions
				of volatile organic compounds from any discrete operation, emissions unit, or
				other pollutant emitting activity at the source shall be considered a
				significant net emissions increase and a major modification for ozone, if the
				major stationary source is located in an extreme ozone nonattainment area that
				is subject to Subpart 2, Part D, Title I of the Act.
"Major stationary source"
means:
1. Any stationary source of air pollutants
				that emits, or has the potential to emit, 100 tons per year or more of any
				regulated NSR pollutant, except that lower emissions thresholds shall apply in
				areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title I of the
				Act, according to definitions in 31.3(1).
(a)
				50 tons per year of volatile organic compounds in any serious ozone
				nonattainment area.
(b) 50 tons per
				year of volatile organic compounds in an area within an ozone transport region,
				except for any severe or extreme ozone nonattainment area.
(c) 25 tons per year of volatile organic
				compounds in any severe ozone nonattainment area.
(d) 10 tons per year of volatile organic
				compounds in any extreme ozone nonattainment area.
(e) 50 tons per year of carbon monoxide in
				any serious nonattainment area for carbon monoxide, where stationary sources
				contribute significantly to carbon monoxide levels in the area (as determined
				under rules issued by the Administrator).
(f) 70 tons per year of
				PM10 in any serious nonattainment area for
				PM10.
2. For the purposes of applying the
				requirements of 31.3(8) to stationary sources of nitrogen oxides located in an
				ozone nonattainment area or in an ozone transport region, any stationary source
				that emits, or has the potential to emit, 100 tons per year or more of nitrogen
				oxides emissions, except that the following emission thresholds apply in areas
				subject to Subpart 2 of Part D, Title I of the Act:
(a) 100 tons per year or more of nitrogen
				oxides in any ozone nonattainment area classified as marginal or
				moderate.
(b) 100 tons per year or
				more of nitrogen oxides in any ozone nonattainment area classified as a
				transitional, submarginal, or incomplete or no data area, when such area is
				located in an ozone transport region.
(c) 100 tons per year or more of nitrogen
				oxides in any area designated under Section 107(d) of the Act as attainment or
				unclassifiable for ozone that is located in an ozone transport
				region.
(d) 50 tons per year or
				more of nitrogen oxides in any serious nonattainment area for ozone.
(e) 25 tons per year or more of nitrogen
				oxides in any severe nonattainment area for ozone.
(f) 10 tons per year or more of nitrogen
				oxides in any extreme nonattainment area for ozone.
3. Any physical change that would occur at a
				stationary source not qualifying under 31.3(1) as a major stationary source, if
				the change would constitute a major stationary source by itself.
4. A major stationary source that is major
				for volatile organic compounds shall be considered major for ozone.
5. 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 following categories of stationary sources: coal cleaning plants (with
				thermal dryers); kraft pulp mills; Portland cement plants; primary zinc
				smelters; iron and steel mills; primary aluminum ore reduction plants; primary
				copper smelters; municipal incinerators capable of charging more than 250 tons
				of refuse per day; hydrofluoric, sulfuric, or 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 (the term chemical processing plant shall not
				include ethanol production facilities that produce ethanol by natural
				fermentation included in North American Industry Classification System (NAICS)
				codes 325193 or 312140); fossil-fuel boilers (or combination 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;
				charcoal production plants; fossil fuel-fired steam electric plants of more
				than 250 million British thermal units per hour heat input; and any other
				stationary source category that, as of August 7, 1980, is being regulated under
				Section 111 or 112 of the Act.
"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 sum of 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 of
				  31.3(2)
"b,"
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 shall be determined as provided in the
				  definition of "baseline actual emissions," except that paragraphs "1"(c) and
				  "2"(d) 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.
(c) Reserved.
3. An increase in actual emissions is
				creditable only to the extent that the new level of actual emissions exceeds
				the old level.
4. A decrease in
				actual emissions is creditable only to the extent that:
(a) The old level of actual emission or the
				old level of allowable emissions, whichever is lower, exceeds the new level of
				actual emissions;
(b) It is
				enforceable as a practical matter at and after the time that actual
				construction on the particular change begins;
(c) The department has not relied on a
				decrease in actual emissions in issuing any permit under regulations approved
				pursuant to 40 CFR Part 51, Subpart I, or has not relied on a decrease in
				actual emissions in demonstrating attainment or reasonable further progress;
				and
(d) 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.
5. 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.
6. Actual emissions shall not
				apply for determining creditable increases and decreases or after a
				change.
"Nonattainment new source review program"
or
"NNSR program"
means a major source preconstruction permit
				  program that has been approved by the Administrator and incorporated into the
				  plan to implement the requirements of this rule, or a program that implements
				  40 CFR Part 51, Appendix S, Sections I through VI, as amended through October
				  25, 2012. Any permit issued under such a program is a major NSR permit.
"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 only 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 all of the equipment necessary to monitor process
				  and control device operational parameters (for example, control device
				  secondary voltages and electric currents) and other information (for example,
				  gas flow rate, O2 or CO2
				  concentrations), and calculate and record the mass emissions rate (for example,
				  lb/hr) on a continuous basis.
"Prevention of significant deterioration
				  permit"
or
"PSD permit"
means any permit that is
				  issued under a major source preconstruction permit program that has been
				  approved by the Administrator and incorporated into the plan to implement the
				  requirements of 40 CFR
				  §
											51.166, or under the program in
				  40 CFR §
											52.21.
"Project"
means a physical change in, or
				  change in the method of operation of, an existing major stationary
				  source.
"Projected actual emissions"
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) following the date 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 of 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. 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.
"Reasonable period"
means 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.
"Regulated NSR pollutant"
means the
				  following:
1. Nitrogen oxides or any
				volatile organic compounds;
2. Any
				pollutant for which a national ambient air quality standard has been
				promulgated;
3. Any pollutant that
				is identified as a constituent or precursor of a general pollutant listed under
				paragraph "1" or "2," provided that such constituent or precursor pollutant may
				only be regulated under NSR as part of regulation of the general 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 ozone nonattainment
				areas.
(b) Sulfur dioxide is a
				precursor to PM2.5 in all PM2.5
				nonattainment areas.
(c) Nitrogen
				oxides are presumed to be precursors to PM2.5 in all
				PM2.5 nonattainment areas, unless the department
				demonstrates to the EPA's satisfaction or the 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 and ammonia are presumed not to be precursors to
				PM2.5 in any PM2.5 nonattainment
				area, unless the department demonstrates to the EPA's satisfaction or the EPA
				demonstrates that emissions of volatile organic compounds or ammonia from
				sources in a specific area are a significant contributor to that area's ambient
				PM2.5 concentrations; or
4. 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" of this
				  definition are met. No creditable emission 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 alter the basic
				design parameters 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.
"Reviewing authority"
means the department
				  of natural resources.
"Secondary emissions"
means emissions that
				  would 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 purpose of this rule, "secondary
				  emissions" must be specific, be well defined, be quantifiable, and impact the
				  same general area as the stationary source or 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 of operation of the major stationary source of
				  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 Emission Rate
(a) Carbon monoxide: 100 tons per year
				(tpy)
(b) Nitrogen oxides: 40
				tpy
(c) Sulfur dioxide: 40
				tpy
(d) Ozone: 40 tpy of volatile
				organic compounds or nitrogen oxides
(e) Lead: 0.6 tpy
(f) PM10: 15 tpy
(g) PM2.5: 10 tpy of
				direct PM2.5 emissions, 40 tpy of sulfur dioxide
				emissions, or 40 tpy of nitrogen oxide emissions unless the department
				demonstrates to the EPA's satisfaction that the emissions of nitrogen oxides
				from sources in a specific area are not a significant contributor to the area's
				ambient PM2.5 concentrations.
2. Notwithstanding the significant emissions
				rate for ozone, "significant" means, in reference to an emissions increase or a
				net emissions increase, any increase in actual emissions of volatile organic
				compounds that would result from any physical change in, or change in the
				method of operation of, a major stationary source locating in a serious or
				severe ozone nonattainment area that is subject to Subpart 2, Part D, Title I
				of the Act, if such emissions increase of volatile organic compounds exceeds 25
				tons per year.
3. For the purposes
				of applying the requirements of 31.3(8) to modifications at major stationary
				sources of nitrogen oxides located in an ozone nonattainment area or in an
				ozone transport region, the significant emission rates and other requirements
				for volatile organic compounds in paragraphs "1," "2," and "5" shall apply to
				nitrogen oxides emissions.
4.
				Notwithstanding the significant emissions rate for carbon monoxide,
				"significant" means, in reference to an emissions increase or a net emissions
				increase, any increase in actual emissions of carbon monoxide that would result
				from any physical change in, or change in the method of operation of, a major
				stationary source in a serious nonattainment area for carbon monoxide if such
				increase equals or exceeds 50 tons per year, provided the department has
				determined that stationary sources contribute significantly to carbon monoxide
				levels in that area.
5.
				Notwithstanding the significant emissions rates for ozone under paragraphs "1"
				and "2," any increase in actual emissions of volatile organic compounds from
				any emissions unit at a major stationary source of volatile organic compounds
				located in an extreme ozone nonattainment area that is subject to Subpart 2,
				Part D, Title I of the Act shall be considered a significant net emissions
				increase.
"Significant emissions increase"
means, for
				  a regulated NSR pollutant, an increase in emissions that is significant for
				  that pollutant.
"Stationary source"
means any building,
				  structure, facility, or installation that emits or may emit a regulated NSR
				  pollutant.
"Temporary clean coal technology demonstration
				  project"
means a clean coal technology demonstration project that is
				  operated for a period of five years or less and that complies with the SIP and
				  other requirements necessary to attain and maintain the national ambient air
				  quality standards during the project and after it is terminated.
"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.