Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 6 - Permitting Requirements › Section 6-13 - Nonattainment new source review permit requirements

Current through July 13, 2024
(a) This section
				applies to new major stationary sources or major modifications to existing
				major stationary sources located in areas of the state which are designated as
				nonattainment pursuant to Section 107 of the Clean Air Act for any regulated
				NSR pollutant.
(b) Definitions. For
				purposes of this section:
"Act"
means Clean Air Act, as
				  amended,
				  42 U.S.C
				  7401, et seq.
"Actual emissions"
means the
				  actual rate of emissions of a regulated NSR pollutant from an emissions unit,
				  as determined in accordance with paragraphs (i) through (iii) of this
				  definition, except that this definition shall not apply for calculating whether
				  a significant emissions increase has occurred, or for establishing a plantwide
				  applicability limitation (PAL) under paragraph (g)(i) of this section. Instead,
				  the definitions for "Projected actual emissions" and "Baseline actual
				  emissions" of this section shall apply for those purposes.
(i) 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 which
				precedes the particular date and which is representative of normal source
				operation. The Division 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.
(ii) The
				Division may presume that source-specific allowable emissions for the unit are
				equivalent to the actual emissions of the unit.
(iii) 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
				  Administrator of the Division of Air Quality, Wyoming Department of
				  Environmental Quality.
"Allowable emissions"
means
				  the emission rate of a stationary source calculated using the maximum rated
				  capacity of the source (unless the source is subject to federally enforceable
				  limits which restrict the operating rate or hours of operation, or both) and
				  the most stringent of the following:
(i) Applicable standards set forth in Chapter
				5, Section 2 or Section 3 of these regulations and other new source performance
				standards and national emission standards for hazardous air pollutants
				promulgated by the EPA but not yet adopted by the State of Wyoming;
(ii) Any other applicable, SIP-approved
				emission limit, including those with a future compliance date; or
(iii) The emission rate specified as a
				federally enforceable permit condition, including those with a future
				compliance date.
"Baseline actual emissions"
means the rate of emissions, in tons per year, of a regulated NSR pollutant, as
				  determined in accordance with paragraphs (i) through (iv) of this
				  definition.
(i) 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 5-year period immediately preceding when the owner or
				operator begins actual construction of the project. The Division 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 non-compliant
				emissions that occurred while the source was operating above an emission
				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 (i)(B) of this definition.
(ii) 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 10-year period immediately preceding either the
				date the owner or operator begins actual construction of the project, or the
				date a complete permit application is received by the Division for a Chapter 6,
				Section 13 permit, or under a plan approved by the EPA Administrator, whichever
				is earlier, except that the 10-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 non-compliant 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 EPA
				Administrator proposed or promulgated under 40 CFR 63, the baseline actual
				emissions need only be adjusted if the Division has taken credit for such
				emissions reductions in an attainment demonstration or maintenance plan
				consistent with the requirements of (e)(vii) of this section.
(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 (ii)(B) and (C)
				of this definition.
(iii) 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.
(iv) 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 (i) of this definition, for other existing
				emissions units in accordance with the procedures contained in paragraph (ii)
				of this definition, and for a new emissions unit in accordance with the
				procedures contained in paragraph (iii) of this definition.
"Begin actual construction"
means, in general, initiation of physical on-site construction activities on an
				  emissions unit which 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 onsite
				  activities, other than preparatory activities, which mark the initiation of the
				  change.
"Best available control
				  technology"
means an emission limitation (including a visible
				  emission standard) based on the maximum degree of reduction of each pollutant
				  subject to regulation under these Standards and Regulations or regulation under
				  the Act, which would be emitted from or which results from any proposed major
				  stationary source or major modification which the Administrator, 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 and available methods,
				  systems, and techniques, including fuel cleaning or treatment or innovative
				  fuel combustion techniques for control of such pollutant. If the Administrator
				  determines that technological or economic limitations on the application of
				  measurement methodology to a particular emissions unit would make the
				  imposition of an emission standard infeasible, he may instead prescribe a
				  design, equipment, work practice or operational standard or combination thereof
				  to satisfy the requirement of Best Available Control Technology. Such standard
				  shall, to the degree possible, set forth the emission reduction achievable by
				  implementation of such design, equipment, work practice, or operation and shall
				  provide for compliance by means which achieve equivalent results. Application
				  of BACT shall not result in emissions in excess of those allowed under Chapter
				  5, Section 2 or Section 3 of these regulations and any other new source
				  performance standard or national emission standards for hazardous air
				  pollutants promulgated by the EPA but not yet adopted by the State of
				  Wyoming.
"Clean coal technology"
means
				  any technology, including technologies applied at the precombustion,
				  combustion, or post combustion stage, at a new or existing facility which will
				  achieve significant reduction in air emissions of sulfur dioxide or oxides of
				  nitrogen associated with the utilization of coal in the generation of
				  electricity, or process steam which 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 Environmental Protection
				  Agency. 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 obtained a Construction Permit required by Chapter 6,
				  Section 2 and either has (i) begun, or caused to begin, a continuous program of
				  actual on-site construction of the source, to be completed within a reasonable
				  time or (ii) 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 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) which
				  would result in a change in emissions.
"Continuous emissions monitoring system
				  (CEMS)"
means all of the equipment that may be required to meet
				  the data acquisition and availability requirements of this section, to sample,
				  condition (if applicable), analyze, and provide a record of emissions on a
				  continuous basis.
"Continuous emissions rate monitoring system
				  (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
				  (CPMS)"
means all of the equipment necessary to meet the data
				  acquisition and availability requirements of this section, 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.
"Division"
means the Air
				  Quality Division of the Wyoming Department of Environmental Quality.
"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 utility steam
				  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
				  as defined in this section. For purposes of this section, there are two types
				  of emissions units as described in paragraphs (i) and (ii) of this
				  definition.
(i) A new emissions unit
				is any emissions unit that is (or will be) newly constructed and that has
				existed for less than 2 years from the date such emissions unit first
				operated.
(ii) An existing
				emissions unit is any emissions unit that does not meet the requirements in
				paragraph (i) of this definition. A replacement unit, as defined in this
				section, is an existing emissions unit.
"Enforceable"
means all
				  limitations and conditions which are enforceable under provisions of the
				  Wyoming Environmental Quality Act and/or are federally enforceable by the
				  Administrator of the EPA, including those requirements developed pursuant to 40
				  CFR parts 60 and 61, requirements within the State Implementation Plan, and any
				  permit requirements established pursuant to
				  40 CFR
				  52.21 or under regulations approved pursuant
				  to 40 CFR part 51 , subpart I, including operating permits issued under Chapter
				  6, Section 3 of these regulations.
"Federal Land Manager"
means,
				  with respect to any lands in the United States, the Secretary of the Department
				  with authority over such lands.
"Fugitive emissions"
means
				  those emissions which could not reasonably pass through a stack, chimney, vent,
				  or other functionally equivalent opening.
"Lowest achievable emission rate
				  (LAER)"
means, for any source, the more stringent rate of
				  emissions based on the following:
(i)
				The most stringent emissions limitation which 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
(ii) The most stringent emissions limitation
				which 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 (as defined in
				  the definition for "Significant emissions increase" in this section) of a
				  regulated NSR pollutant (as defined in the definition for "Regulated NSR
				  pollutant" in this section); and a significant net emissions increase of that
				  pollutant from the major stationary source. Any significant emissions increase
				  (as defined in the definition for "Significant emissions increase" in this
				  section) from any emissions units or net emissions increase (as defined in the
				  definition for "Net emissions increase" in this section) at a major stationary
				  source that is significant for volatile organic compounds (VOCs) or
				  NOx shall be considered significant for ozone.
(i) 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 in effect 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 in effect pursuant
				to the Federal Power Act;
(C) Use
				of an alternative fuel by reason of an order under section 125 of the
				Act;
(D) The use of municipal solid
				waste as an alternative fuel at a steam generating plant;
(E) Use of an alternative fuel or raw
				material, if prior to December 21, 1976, the source was capable of
				accommodating such fuel or material unless such change would be prohibited by,
				or inconsistent with, an enforceable permit issued by the Division, or if the
				source is approved to use such fuel or material through an enforceable permit
				issued under these regulations;
(F)
				An increase in the hours of operation or in the production rate, if such
				increase does not exceed the operating design capacity of the major stationary
				source unless such change would be prohibited by, or inconsistent with, an
				enforceable permit issued by the Division;
(G) Change in ownership of the stationary
				source;
(H) The installation,
				operation, cessation or removal of a temporary clean coal technology
				demonstration project, provided that the project complies with:
(I) The Wyoming State Implementation Plan;
				and
(II) Other requirements
				necessary to attain and maintain the national ambient air quality standards
				during the project and after it is terminated.
(ii) This definition shall not apply with
				respect to a particular regulated NSR pollutant when the major stationary
				source is complying with the requirements under paragraph (g)(i) of this
				section for a PAL for that pollutant. Instead, the definition in paragraph
				(g)(i)(B) for "PAL major modification" of this section shall apply.
(iii) For the purposes of applying the
				requirements of paragraph (f)(i) of this section 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.
(iv) Any physical change in, or change in the
				method of operation of, a major stationary source of VOCs that results in any
				increase in emissions of VOCs 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"
(i) Means:
(A) 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 paragraphs (I) through (VI) below:
(I) 50 tons per year of VOCs in any serious
				ozone nonattainment area.
(II) 50
				tons per year of VOCs in an area within an ozone transport region, except for
				any severe or extreme ozone nonattainment area.
(III) 25 tons per year of VOCs in any severe
				ozone nonattainment area.
(IV) 10
				tons per year of VOCs in any extreme ozone nonattainment area.
(V) 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 EPA Administrator).
(VI) 70 tons per year of
				PM10 in any serious nonattainment area for
				PM10;
(B) For the purposes of applying the
				requirements of paragraph (f)(i) of this section to stationary sources of
				nitrogen oxides located in an ozone nonattainment area or in an ozone transport
				region, any stationary source which emits, or has the potential to emit, 100
				tons per year or more of nitrogen oxides emissions, except that the emission
				thresholds in paragraphs (I) through (VI) below shall apply in areas subject to
				subpart 2 of part D, title I of the Act:
(I)
				100 tons per year or more of nitrogen oxides in any ozone nonattainment area
				classified as marginal or moderate.
(II) 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.
(III) 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.
(IV) 50
				tons per year or more of nitrogen oxides in any serious nonattainment area for
				ozone.
(V) 25 tons per year or more
				of nitrogen oxides in any severe nonattainment area for ozone.
(VI) 10 tons per year or more of nitrogen
				oxides in any extreme nonattainment area for ozone; or
(C) Any physical change that would occur at a
				stationary source not qualifying under paragraphs (i)(A) or (B) of this
				definition as a major stationary source, if the change would constitute a major
				stationary source by itself.
(ii) A major stationary source that is major
				for VOCs shall be considered major for ozone.
(iii) The fugitive emissions of a stationary
				source shall not be included in determining for any of the purposes of this
				paragraph 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 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 which, as of August 7, 1980, is being
				regulated under section 111 or 112 of the Act.
"Net emissions increase"
means,
(i) With respect to any
				regulated NSR pollutant emitted by a major stationary source, the amount by
				which the sum of the following exceeds zero:
(A) The increase in emissions from a
				particular physical change or change in the method of operation at a stationary
				source as calculated pursuant to paragraph (c)(ii)(B) of this
				section;
(B) 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
				paragraph (ii) shall be determined as provided in the definition for "Baseline
				actual emissions", except that paragraphs (i)(C) and (ii)(D) of the definition
				for "Baseline actual emissions" shall not apply.
(ii) An increase or decrease in actual
				emissions is contemporaneous with the increase from the particular change only
				if it occurs between:
(A) The date five years
				before construction on the particular change commences; and
(B) The date that the increase from the
				particular change occurs.
(iii) An increase or decrease in actual
				emissions is creditable only if:
(A) It occurs
				within a reasonable period specified by the Division;
(B) The Division has not relied on it in
				issuing a Chapter 6, Section 13 permit for the source, which is in effect when
				the increase in actual emissions from the particular change occurs;
				and
(C) As it pertains to an
				increase or decrease in fugitive emissions (to the extent quantifiable), it
				occurs at an emissions unit that is part of one of the source categories listed
				in paragraph (iii) in the definition of "Major stationary source" of this
				section or it occurs at an emissions unit that is located at a major stationary
				source that belongs to one of the listed source categories. Fugitive emission
				increases or decreases are not creditable for those emissions units located at
				a facility whose primary activity is not represented by one of the source
				categories listed in paragraph (iii) in the definition of "Major stationary
				source" of this section and are not, by themselves, part of a listed source
				category.
(iv) An
				increase in actual emissions is creditable only to the extent that the new
				level of actual emissions exceeds the old level.
(v) 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) It is enforceable as a practical matter
				at and after the time that actual construction on the particular change
				begins;
(C) The Division has not
				relied on it in issuing any permits approved pursuant to 40 CFR part 51 subpart
				I or in demonstrating attainment or reasonable further progress;
(D) It has approximately the same qualitative
				significance for public health and welfare as that attributed to the increase
				from the particular change; and
(vi) 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.
(vii) The definition of "Actual emissions" of
				this section, shall not apply for determining creditable increases and
				decreases after a change.
"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 the type or amount of material
				  combusted, stored, or processed, shall be treated as part of its design if the
				  limitation or the affect 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
				  (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.
"Project"
means a physical
				  change in, or change in 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 5 years
				  (12-month period) following the date the unit resumes regular operation after
				  the project, or in any one of the 10 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.
(i) In determining the projected actual
				emissions under the above paragraph of this section (before beginning actual
				construction), the owner or operator of the major stationary source:
(A) 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 approved by the
				Division;
(B) Shall include
				fugitive emissions to the extent quantifiable and emissions associated with
				startups, shutdowns, and malfunctions; and
(C) 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 under the definition for "Baseline actual emissions"
				of this section and that are also unrelated to the particular project,
				including any increased utilization due to product demand growth; or
(D) In lieu of using the method set out in
				paragraphs (i)(A) through (C) of this definition, may elect to use the
				emissions unit's potential to emit, in tons per year, as defined under the
				definition of "Potential to emit" of this section.
"Regulated NSR pollutant"
, for
				  purposes of this section, means the following:
(i) Nitrogen oxides or any VOCs.
(ii) Any pollutant for which a national
				ambient air quality standard has been promulgated.
(iii) Any pollutant identified under this
				paragraph as a constituent or precursor to a pollutant listed above under
				paragraphs (i) and (ii) of this definition, 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 EPA Administrator for
				purposes of NSR are the following:
(A) VOCs
				and nitrogen oxides are precursors to ozone in all attainment and
				unclassifiable 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 nonattainment areas, unless
				the State demonstrates to the EPA Administrator's satisfaction or EPA
				demonstrates that emissions of nitrogen oxides from sources in a specific area
				are not a significant contributor to that area's ambient
				PM2.5 concentrations.
(D) VOCs and ammonia are presumed not to be
				precursors to PM2.5 in any nonattainment area, unless
				the State demonstrates to the EPA Administrator's satisfaction or EPA
				demonstrates that emissions of VOCs from sources in a specific area are a
				significant contributor to that area's ambient PM2.5
				concentrations.
(iv)
				PM2.5 emissions and PM10
				emissions. PM2.5 emissions and PM10
				emissions shall include gaseous emissions from a source or activity
				which condense to form particulate matter at ambient temperatures. On or after
				January 1, 2011, such condensable particulate matter shall be accounted for in
				applicability determinations and in establishing emissions limitations for
				PM2.5 and PM10 in Chapter 6,
				Section 13 permits. Compliance with emissions limitations for
				PM2.5 and PM10 issued prior to
				this date shall not be based on condensable particulate matter unless required
				by the terms and conditions of the permit or the applicable implementation
				plan. Applicability determinations made prior to this date without accounting
				for condensable particulate matter shall not be considered in violation of this
				subsection unless the applicable implementation plan required condensable
				particulate matter to be included.
"Replacement unit"
means an
				  emissions unit for which all the criteria listed below in this definition are
				  met. No creditable emission reductions shall be generated from shutting down
				  the existing emissions unit that is replaced.
(i) The emissions unit is a reconstructed
				unit within the meaning of 40 CFR part 60.15(b)(1) , or the emissions unit
				completely takes the place of an existing emissions unit.
(ii) The emissions unit is identical to or
				functionally equivalent to the replaced emissions unit.
(iii) The replacement does not change the
				basic design parameter(s).
(iv) 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
				  Administrator of the Division of Air Quality, Wyoming Department of
				  Environmental Quality.
"Secondary emissions"
means
				  emissions which 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 purposes of this
				  section, secondary emissions must be specific, well defined, quantifiable, and
				  impact the same general areas as the stationary source or modification which
				  causes the secondary emissions. Secondary emissions include emissions from any
				  offsite support facility which would not be constructed or increase its
				  emissions except as a result of the construction or modification of the major
				  stationary source or major modification. Secondary emissions do not include any
				  emissions which come directly from a mobile source, such as emissions from the
				  tailpipe of a motor vehicle or from a train, or from a vessel.
"Significant"
means:
(i) 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
PM10:
15 tpy of PM10
							 emissions
PM2.5:
10 tpy of direct PM2.5
							 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide
							 emissions unless demonstrated not to be a PM2.5
							 precursor under the definition of "Regulated NSR pollutant" in this
							 section
Ozone:
40 tpy of VOCs or nitrogen oxides
Lead:
0.6 tpy
(ii)
				Notwithstanding the significant emissions rate for ozone in paragraph (i) of
				this definition, "significant" means, in reference to an emissions increase or
				a net emissions increase, any increase in actual emissions of VOCs 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 nonattainment area that
				is subject to subpart 2, part D, title I of the Act, if such emissions increase
				of VOCs exceeds 25 tons per year.
(iii) For the purpose of applying the
				requirements of paragraph f(i) of this section 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 VOCs in paragraphs (i), (ii) and (v) of this definition shall
				apply to nitrogen oxide emissions.
(iv) Notwithstanding the significant
				emissions rate for carbon monoxide under paragraph (i) of this definition,
				"significant" means, in reference to an emissions increase or 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 area for carbon monoxide if such increase equals
				or exceeds 50 tons per year, provided the EPA Administrator has determined that
				stationary sources contribute significantly to carbon monoxide levels in the
				area.
(v) Notwithstanding the
				significant emission rates for ozone under paragraphs (i) and (ii) of this
				definition, any increase in actual emissions of VOCs from any emissions unit at
				a major stationary source of VOCs 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 (according to the definition of "Significant" in
				  this section) for that pollutant.
"Stationary source"
means any
				  structure, building, facility, equipment, installation or operation (or
				  combination thereof) which emits or may emit any air pollutant subject to these
				  regulations or regulations under the Act.
"Structure, building, facility, equipment,
				  installation, or operation"
means all of the pollutant-emitting
				  activities which 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.
				  Pollutantemitting activities shall be considered as part of the same industrial
				  grouping if they belong to the same
Major Group
(i.e., which
				  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 003-00500176-0,
				  respectively).
"Temporary clean coal technology demonstration
				  project"
means a clean coal technology demonstration project
				  that is operated for a period of 5 years or less, and which complies with the
				  Wyoming State Implementation Plan 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
				  (VOCs)"
is defined in Chapter 3, Section 6(a) of these
				  regulations.