Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.203a - Applicability determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department will conduct an applicability determination during its review of
						a plan approval application for the construction of a new major facility or
						modification at an existing major facility under this section. The owner or
						operator of the facility shall include in the plan approval application the
						estimate of an emissions increase in a regulated NSR pollutant from the
						project. The owner or operator shall calculate an emissions increase in a
						regulated NSR pollutant from a project in accordance with paragraph (1). The
						owner or operator shall calculate a net emissions increase in accordance with
						paragraph (1)(ii), if the emissions increase from a project equals or exceeds
						the applicable emissions rate that is "significant" as defined in §
												121.1 (relating to definitions).
						If the emissions increase from a project does not exceed the listed applicable
						emissions rate that is significant, the owner or operator shall calculate the
						net emissions increase in accordance with paragraph (2).
(1) As part of the plan approval application,
						the owner or operator of the facility shall calculate whether a significant
						emissions increase and a significant net emissions increase will occur as a
						result of a physical change or change in the method of operation. The owner or
						operator of the facility shall use the procedures in subparagraph (i) to
						calculate the emissions increase in a regulated NSR pollutant due to the
						project, and the procedures in subparagraph (ii) to calculate the net emissions
						increase in a regulated NSR pollutant. A project is a major modification for a
						regulated NSR pollutant if it causes two types of emissions increases-a
						significant emissions increase and a significant net emissions increase. If the
						project causes a significant emissions increase, the project is a major
						modification if it also results in a significant net emissions increase.
(i) The emissions increase in a regulated NSR
						pollutant due to the project will be the sum of the following:
(A) For existing emissions units, an
						emissions increase of a regulated NSR pollutant is the difference between the
						projected actual emissions and the baseline actual emissions for each unit, as
						determined in paragraphs (4) and (5). When calculating an increase in emissions
						that results from the particular project, exclude that portion of the unit's
						emissions following completion of the project that existing units could have
						accommodated during the consecutive 24-month period used to establish the
						baseline actual emissions and that is also unrelated to the particular project,
						including all increased utilization due to product demand growth as specified
						in paragraph (5)(i)(C).
(B) For new
						emissions units, the emissions increase of a regulated NSR pollutant will be
						the potential to emit from each new emissions unit.