Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
1
For
the
reasons
stated
in
the
preamble,
Title
40,
Chapter
I
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

Part
51
 
Requirements
for
Preparation,
Adoption,
and
Submittal
of
Implementation
Plans
1.
The
authority
citation
for
part
51
continues
to
read
as
follows:

Authority:
23
U.
S.
C.
101;
42
U.
S.
C.
7401­
7671q.

Subpart
I
­
Review
of
New
Sources
and
Modifications
(
Amended)

2.
Section
51.165
is
amended:

a.
By
revising
paragraph
(
a)(
1)(
x).

b.
By
revising
paragraph
(
a)(
1)(
xxxvii)(
C).

c.
By
adding
paragraphs
(
a)(
1)(
xxxvii)(
C)(
1)
through
(
4).

d.
By
adding
paragraph
(
a)(
1)(
xxxvii)(
D).

e.
By
revising
paragraph
(
a)(
9).

The
revisions
and
additions
read
as
follows:

§
51.165
­
Permit
requirements
(
a)
*
*
*

(
1)
*
*
*

(
x)
Significant
means
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:
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
2
POLLUTANT
EMISSION
RATE
*
*
*

PM10:
15
tpy.

PM2.5:
10
tpy
of
PM2.5
emissions;
40
tpy
of
sulfur
dioxide
emissions;
40
tpy
of
nitrogen
oxide
emissions
when
identified
as
a
PM2.5
precursor
under
paragraph
(
a)(
1)(
xxxvii).

*
*
*

(
xxxvii)
Regulated
NSR
pollutant,
for
purposes
of
this
section,

means
the
following:

*
*
*

(
C)
Any
pollutant
that
is
a
constituent
or
precursor
of
a
general
pollutant
listed
under
paragraphs
(
a)(
1)(
xxxvii)(
A)
or
(
B)
of
this
section,
provided
that
a
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:

(
1)
Volatile
organic
compounds
and
nitrogen
oxides
are
precursors
to
ozone
in
all
ozone
nonattainment
areas.

(
2)
Sulfur
dioxide
is
a
precursor
to
PM2.5
in
all
PM2.5
nonattainment
areas.
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
3
(
3)
Nitrogen
oxides
are
presumed
to
be
precursors
to
PM2.5
in
all
PM2.5
nonattainment
areas,
unless
the
State
demonstrates
to
the
Administrator's
satisfaction
that
emissions
of
nitrogen
oxides
from
stationary
sources
in
a
specific
area
are
not
a
significant
contributor
to
that
area's
ambient
PM2.5
concentrations
and
the
area
is
not
in
a
State
identified
by
the
Administrator
as
a
source
of
a
PM2.5
interstate
transport
problem.

(
4)
Volatile
organic
compounds
and
ammonia
are
presumed
not
to
be
precursors
to
PM2.5
in
any
PM2.5
nonattainment
area,
unless
the
State
demonstrates
to
the
Administrator's
satisfaction
that
emissions
of
volatile
organic
compounds
or
ammonia
from
stationary
sources
in
a
specific
area
are
a
significant
contributor
to
that
area's
ambient
PM2.5
concentrations.

(
D)
Particulate
matter
(
PM2.5
and
PM10)
includes
gaseous
emissions
from
a
source
or
activity
which
condense
to
form
particulate
matter
at
ambient
temperatures.

(
2)
*
*
*

(
3)
*
*
*
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
4
(
4)
*
*
*

(
5)
*
*
*

(
6)
*
*
*

(
7)
*
*
*

(
8)
*
*
*

(
9)
(
i)
The
plan
shall
require
that
in
meeting
the
emissions
offset
requirements
of
paragraph
(
a)(
3)
of
this
section,
the
ratio
of
total
actual
emissions
reductions
to
the
emissions
increase
shall
be
at
least
1:
1
unless
an
alternative
ratio
is
provided
for
the
applicable
nonattainment
area
in
paragraph
(
a)(
9)(
ii)
to
(
a)(
9)(
iv).

(
ii)
The
plan
shall
require
that
in
meeting
the
emissions
offset
requirements
of
paragraph
(
a)(
3)
of
this
section
for
ozone
nonattainment
areas
that
are
subject
to
subpart
2,
part
D,
title
I
of
the
Act,
the
ratio
of
total
actual
emissions
reductions
of
VOC
to
the
emissions
increase
of
VOC
shall
be
as
follows:
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
5
(
A)
In
any
marginal
nonattainment
area
for
ozone
 
at
least
1.1:
1;

(
B)
In
any
moderate
nonattainment
area
for
ozone
 
at
least
1.15:
1;

(
C)
In
any
serious
nonattainment
area
for
ozone
 
at
least
1.2:
1;

(
D)
In
any
severe
nonattainment
area
for
ozone
 
at
least
1.3:
1
(
except
that
the
ratio
may
be
at
least
1.2:
1
if
the
approved
plan
also
requires
all
existing
major
sources
in
such
nonattainment
area
to
use
BACT
for
the
control
of
VOC);
and
(
E)
In
any
extreme
nonattainment
area
for
ozone
 
at
least
1.5:
1
(
except
that
the
ratio
may
be
at
least
1.2:
1
if
the
approved
plan
also
requires
all
existing
major
sources
in
such
nonattainment
area
to
use
BACT
for
the
control
of
VOC);
and
(
iii)
Notwithstanding
the
requirements
of
paragraph
(
a)(
9)(
ii)
of
this
section
for
meeting
the
requirements
of
paragraph
(
a)(
3)
of
this
section,
the
ratio
of
total
actual
emissions
reductions
of
VOC
to
the
emissions
increase
of
VOC
shall
be
at
least
1.15:
1
for
all
areas
within
an
ozone
transport
region
that
is
subject
to
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
6
subpart
2,
part
D,
title
I
of
the
Act,
except
for
serious,

severe,
and
extreme
ozone
nonattainment
areas
that
are
subject
to
subpart
2,
part
D,
title
I
of
the
Act.

(
iv)
The
plan
shall
require
that
in
meeting
the
emissions
offset
requirements
of
paragraph
(
a)(
3)
of
this
section
for
ozone
nonattainment
areas
that
are
subject
to
subpart
1,
part
D,
title
I
of
the
Act
(
but
are
not
subject
to
subpart
2,
part
D,
title
I
of
the
Act,
including
8­
hour
ozone
nonattainment
areas
subject
to
40
CFR
51.902(
b)),
the
ratio
of
total
actual
emissions
reductions
of
VOC
to
the
emissions
increase
of
VOC
shall
be
at
least
1:
1.

*
*
*

3.
Section
51.166
is
amended:

a.
By
adding
paragraph
(
a)(
6)(
iv).

b.
By
revising
paragraphs
(
b)(
23),
(
b)(
49),
(
i)(
5)(
ii),

and
(
i)(
5)(
iii).

The
addition
and
revisions
read
as
follows:

§
51.166
­
Prevention
of
significant
deterioration
of
air
quality
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
7
(
a)

*
*
*

(
6)
Amendments.

*
*
*

(
iv)
When
an
implementation
plan
must
be
amended
to
address
the
prevention
of
significant
deterioration
of
air
quality
for
the
PM2.5
national
ambient
air
quality
standards,
the
PM10
implementation
plan
provisions
approved
pursuant
to
this
section
may
be
used
to
implement
a
PM2.5
program
until
such
amendments
are
approved,
provided
that
(
1)
particulate
matter
emissions
shall
include
gaseous
emissions
from
a
source
or
activity
which
condense
to
form
particulate
matter
at
ambient
temperatures
for
purposes
of
determining
applicability
of
prevention
of
significant
deterioration
requirements;
and
(
2)
the
air
quality
analysis
required
under
subsection
(
m)
of
this
section
shall
be
conducted
with
respect
to
the
PM2.5
standards.

(
b)
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
8
*
*
*

(
23)(
i)
Significant
means,
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
*
*
*
*

Particulate
matter:
25
tpy
of
particulate
matter
emissions
PM10:
15
tpy
PM2.5:
10
tpy
of
PM2.5
emissions;
40
tpy
of
sulfur
dioxide
emissions;
40
tpy
of
nitrogen
oxide
emissions
when
identified
as
a
PM2.5
precursor
under
paragraph
(
b)(
49).

*
*
*

(
49)
Regulated
NSR
pollutant,
for
purposes
of
this
section,
means
the
following:
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
9
(
i)
Any
pollutant
for
which
a
national
ambient
air
quality
standard
has
been
promulgated
and
any
constituents
or
precursors
to
such
pollutants.
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
attainment
and
unclassifiable
areas.

(
b)
Sulfur
dioxide
is
a
precursor
to
PM2.5
in
all
attainment
and
unclassifiable
areas.

(
c)
Nitrogen
oxides
are
presumed
precursors
to
PM2.5
in
all
attainment
and
unclassifiable
areas,
unless
the
State
demonstrates
to
the
Administrator's
satisfaction
that
emissions
of
nitrogen
oxides
from
stationary
sources
in
a
specific
area
are
not
a
significant
contributor
to
that
area's
ambient
PM2.5
concentrations
and
the
area
is
not
in
a
State
identified
by
the
Administrator
as
a
source
of
a
PM2.5
interstate
transport
problem.

(
d)
Volatile
organic
compounds
are
presumed
not
to
be
precursors
to
PM2.5
in
any
attainment
or
unclassifiable
area,
unless
the
State
demonstrates
to
the
Administrator's
satisfaction
that
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
10
emissions
of
volatile
organic
compounds
from
stationary
sources
in
a
specific
area
are
a
significant
contributor
to
that
area's
ambient
PM2.5
concentrations.

*
*
*

(
v)
Particulate
matter
(
PM2.5
and
PM10)
emissions
include
gaseous
emissions
from
a
source
or
activity
which
condense
to
form
particulate
matter
at
ambient
temperatures.

*
*
*

(
i)
*
*
*

(
5)
*
*
*

*
*
*

(
ii)
The
concentrations
of
the
pollutant
in
the
area
that
the
source
or
modification
would
affect
are
less
than
the
concentrations
listed
in
paragraph
(
i)(
5)(
i)
of
this
section;
or
(
iii)
The
pollutant
is
not
listed
in
paragraph
(
i)(
5)(
i)
of
this
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
11
section.

*
*
*

4.
Appendix
S
to
subpart
51
is
amended:

a.
By
revising
paragraph
II.
A.
10.

b.
By
revising
paragraph
[#
to
be
determined
in
Appendix
S
rule
incorporating
NSR
reform
provisions](
C).

c.
By
revising
paragraph
IV
G.

The
revisions
read
as
follows:

Appendix
S
to
Part
51
­
Emissions
Offset
Interpretive
Ruling
I
­
INTRODUCTION
*
*
*

II
­
INITIAL
SCREENING
ANALYSIS
AND
DETERMINATION
OF
APPLICABLE
REQUIREMENTS
A.
*
*
*
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
12
*
*
*

10.
(
i)
Significant
means,
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
*
*
*

Particulate
matter:
25
tpy
of
particulate
matter
emissions
PM10:
15
tpy
PM2.5:
10
tpy
of
PM2.5
emissions;
40
tpy
of
sulfur
dioxide
emissions;
40
tpy
of
nitrogen
oxide
emissions
when
identified
as
a
PM2.5
precursor
under
paragraph
[#
to
be
determined
in
Appendix
S
rule
incorporating
NSR
reform
provisions].

*
*
*

[#
to
be
determined
in
Appendix
S
rule
incorporating
NSR
reform
provisions]
Regulated
NSR
pollutant,
for
purposes
of
this
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
13
section,
means
the
following:

*
*
*

(
iii)
Any
pollutant
that
is
a
constituent
or
precursor
of
a
general
pollutant
listed
under
paragraphs
[#
to
be
determined
in
Appendix
S
rule
incorporating
NSR
reform
provisions]
of
this
section,
provided
that
a
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
State
demonstrates
to
the
Administrator's
satisfaction
that
emissions
of
nitrogen
oxides
from
stationary
sources
in
a
specific
area
are
not
a
significant
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
14
contributor
to
that
area's
ambient
PM2.5
concentrations
and
the
area
is
not
in
a
State
identified
by
the
Administrator
as
a
source
of
a
PM2.5
interstate
transport
problem.

(
d)
Volatile
organic
compounds
and
ammonia
are
presumed
not
to
be
precursors
to
PM2.5
in
any
PM2.5
nonattainment
area,
unless
the
State
demonstrates
to
the
Administrator's
satisfaction
that
emissions
of
volatile
organic
compounds
or
ammonia
from
stationary
sources
in
a
specific
area
are
a
significant
contributor
to
that
area's
ambient
PM2.5
concentrations.

(
iv)
Particulate
matter
(
PM2.5
and
PM10)
includes
gaseous
emissions
from
a
source
or
activity
which
condense
to
form
particulate
matter
at
ambient
temperatures.

III.
*
*
*

IV.
*
*
*

G.
Offset
Ratios.
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
15
1.
In
meeting
the
emissions
offset
requirements
of
paragraph
IV.
A,
Condition
3
of
this
Ruling,
the
ratio
of
total
actual
emissions
reductions
to
the
emissions
increase
shall
be
at
least
1:
1
unless
an
alternative
ratio
is
provided
for
the
applicable
nonattainment
area
in
paragraphs
IV.
G.
2
to
IV.
G.
4.

2.
In
meeting
the
emissions
offset
requirements
of
paragraph
IV.
A,
Condition
3
of
this
Ruling
for
ozone
nonattainment
areas
that
are
subject
to
subpart
2,
part
D,
title
I
of
the
Act,
the
ratio
of
total
actual
emissions
reductions
of
VOC
to
the
emissions
increase
of
VOC
shall
be
as
follows:

(
i)
In
any
marginal
nonattainment
area
for
ozone
 
at
least
1.1:
1;

(
ii)
In
any
moderate
nonattainment
area
for
ozone
 
at
least
1.15:
1;

(
iii)
In
any
serious
nonattainment
area
for
ozone
 
at
least
1.2:
1;

(
iv)
In
any
severe
nonattainment
area
for
ozone
 
at
least
1.3:
1
(
except
that
the
ratio
may
be
at
least
1.2:
1
if
the
State
also
requires
all
existing
major
sources
in
such
nonattainment
area
to
use
BACT
for
the
control
of
VOC);
and
(
v)
In
any
extreme
nonattainment
area
for
ozone
 
at
least
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
16
1.5:
1
(
except
that
the
ratio
may
be
at
least
1.2:
1
if
the
State
also
requires
all
existing
major
sources
in
such
nonattainment
area
to
use
BACT
for
the
control
of
VOC);

3.
Notwithstanding
the
requirements
of
paragraph
IV.
G.
2.
of
this
Ruling
for
meeting
the
requirements
of
paragraph
IV.
A,

Condition
3
of
this
Ruling,
the
ratio
of
total
actual
emissions
reductions
of
VOC
to
the
emissions
increase
of
VOC
shall
be
at
least
1.15:
1
for
all
areas
within
an
ozone
transport
region
that
is
subject
to
subpart
2,
part
D,
title
I
of
the
Act,
except
for
serious,
severe,
and
extreme
ozone
nonattainment
areas
that
are
subject
to
subpart
2,
part
D,
title
I
of
the
Act.

4.
In
meeting
the
emissions
offset
requirements
of
paragraph
IV.
A,
Condition
3
of
this
Ruling
for
ozone
nonattainment
areas
that
are
subject
to
subpart
1,
part
D,
title
I
of
the
Act
(
but
are
not
subject
to
subpart
2,
part
D,
title
I
of
the
Act,

including
8­
hour
ozone
nonattainment
areas
subject
to
40
CFR
51.902(
b)),
the
ratio
of
total
actual
emissions
reductions
of
VOC
to
the
emissions
increase
of
VOC
shall
be
at
least
1:
1.

Part
52
 
Approval
and
Promulgation
of
Implementation
Plans
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
17
5.
Section
52.21
is
amended
by
revising
paragraphs
(
b)(
23),
(
b)(
50)
and
(
i)(
5)(
ii)
to
read
as
follows:

§
52.21
­
Prevention
of
significant
deterioration
of
air
quality
(
a)
*
*
*

*
*
*

(
b)
*
*
*

*
*
*

(
23)(
i)
Significant
means,
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
*
*
*
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
18
Particulate
matter:

25
tpy
of
particulate
matter
emissions
PM10:
15
tpy
PM2.5:
10
tpy
of
PM2.5
emissions;
40
tpy
of
sulfur
dioxide
emissions;
40
tpy
of
nitrogen
oxide
emissions
when
identified
as
a
PM2.5
precursor
under
paragraph
(
b)(
50).

*
*
*

(
50)
Regulated
NSR
pollutant,
for
purposes
of
this
section,
means
the
following:

(
i)
Any
pollutant
for
which
a
national
ambient
air
quality
standard
has
been
promulgated
and
any
constituents
or
precursors
for
such
pollutants.
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
attainment
and
unclassifiable
areas.

(
b)
Sulfur
dioxide
is
a
precursor
to
PM2.5
in
all
attainment
and
unclassifiable
areas.
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
19
(
c)
Nitrogen
oxides
are
presumed
precursors
to
PM2.5
in
all
attainment
and
unclassifiable
areas,
unless
the
State
demonstrates
to
the
Administrator's
satisfaction
that
emissions
of
nitrogen
oxides
from
stationary
sources
in
a
specific
area
are
not
a
significant
contributor
to
that
area's
ambient
PM2.5
concentrations
and
the
area
is
not
in
a
State
identified
by
the
Administrator
as
a
source
of
a
PM2.5
interstate
transport
problem.

(
d)
Volatile
organic
compounds
are
presumed
not
to
be
precursors
to
PM2.5
in
any
attainment
or
unclassifiable
area,
unless
the
State
demonstrates
to
the
Administrator's
satisfaction
that
emissions
of
volatile
organic
compounds
from
stationary
sources
in
a
specific
area
are
a
significant
contributor
to
that
area's
ambient
PM2.5
concentrations.

*
*
*

(
v)
Particulate
matter
(
PM2.5
and
PM10)
emissions
include
gaseous
emissions
from
a
source
or
activity
which
condense
to
form
particulate
matter
at
ambient
temperatures.

*
*
*
Internal
and
Deliberative
Draft
Do
not
quote,
cite,
copy,
or
distribute
outside
the
agency.
September
2,
2005
20
(
i)
*
*
*

(
5)
*
*
*

*
*
*

(
ii)
The
concentrations
of
the
pollutant
in
the
area
that
the
source
or
modification
would
affect
are
less
than
the
concentrations
listed
in
paragraph
(
i)(
5)(
i)
of
this
section;
or
(
iii)
The
pollutant
is
not
listed
in
paragraph
(
i)(
5)(
i)
of
this
section.

*
*
*
