NSR
in
Phase
II
Ozone
Implementation
Rule
NSR
in
Phase
II
Ozone
Rule
°
Specific
requirements
for
State/
local
agencies
to
implement
nonattainment
permitting
given
new
Subpart
X
°
Based
on
June
2003
Ozone
Implementation
Proposal
Rule
and
July
1996
NSR
Reform
Rule
What
Rules
Are
Changing?

°
§
51.165­
Major
NSR
nonattainment
SIP
rule
°
Appendix
S
to
part
51­
nonattainment
rules
when
SIP
has
not
been
approved
°
§
52.24­
Rule
requiring
States
to
use
Appendix
S
in
periods
before
nonattainment
NSR
SIP
approval
°
§
51.166
PSD
SIP
rule
°
§
52.21
PSD
FIP
rule
What
changes
are
included?

°
1990
CAA
requirements
for
nonattainment
area
major
stationary
sources
of
VOC
and
NOx
°
Section
VI
of
Appendix
S
(
transitional
program)

°
§
52.24
to
implement
nonattainment
major
NSR
before
SIP
approval
°
NOx
as
an
ozone
precursor
in
attainment
areas
°
Using
Emission
Reduction
Credits
from
shutdowns/
curtailments
for
offsets
°
Updates
to
Appendix
S
1990
Amendments
for
VOC
and
NOx
in
Nonattainment
Areas
°
Major
stationary
source
thresholds
for
VOC
and
NOx
in
ozone
nonattainment
areas
°
Significant
emission
rates
for
NOx
as
an
ozone
precursor
°
Offset
Ratios
for
VOC
and
NOx
in
ozone
nonattainment
areas
°
Requirements
for
NOx
as
an
ozone
precursor
do
not
apply
if
NOx
waiver
in
effect
Appendix
S
Section
VI
°
Existing
Section
VI
exempts
sources
from
LAER
and
offsets
if
attainment
dates
have
not
passed
°
Proposed
Section
VI
would
apply
for
areas
that
meet
1­
hr
NAAQS
but
are
8­
hr
nonattainment
(
Transitional
NSR
Program)

°
Not
adopting
proposed
changes
to
Section
VI
to
implement
Transitional
NSR
Program
°
Amending
Section
VI
to
close
loophole­
it
only
applies
when
Administrator
provides
FR
notice
that
it
applies
for
a
source
category
Changes
to
§
52.24
°
Amending
§
52.24(
k)
as
proposed
to
issue
permits
under
appendix
S
from
designation
to
SIP
approval,
even
if
this
exceeds
18
months
°
Amending
§
52.24
as
proposed
to
remove
construction
ban
except
where
retained
under
1990
Amendments
NOx
as
Ozone
Precursor
In
Attainment
Areas
°
Treats
NOx
as
ozone
precursor
in
same
manner
as
VOC
°
Revised
definitions
of
major
stationary
source,
significant
emission
rate,
and
regulated
NSR
pollutant
°
Significant
monitoring
level­
100
tpy
°
Won't
draw
additional
sources
into
PSD
Shutdown
Credits
°
Amending
regulations
as
proposed
to
remove
requirement
for
approved
attainment
demonstration
before
shutdown/
curtailment
credits
can
be
used
for
offsets
°
Retains
regulatory
language
that
shutdown/
curtailments
creditable
for
offsets/
netting
if
carried
in
projected
emissions
inventory
Appendix
S
Updates
°
Needed
to
make
Appendix
S
consistent
with
§
51.165
and
1990
Amendments
for
ozone
sources
°
Location
of
offsets­
replaced
requirement
for
VOC
and
NOx
to
be
from
"
broad
vicinity"
with
statutory
requirements
in
CAA
173(
c)(
1)

°
RFP­
replaced
language
that
RFP
satisfied
if
100
tpy
and
>
1:
1
offset
ratio
with
statutory
requirement
for
RFP
at
CAA
173(
a)(
1)(
A)

°
Removed
exemption
for
50
tpy
sources
Criteria
Pollutants
°
Proposed
in
1996
to
add
major
stationary
source
thresholds
and
significant
emission
rates
for
CO
and
PM10
from
1990
CAA
°
CO
in
serious
CO
nonattainment
areas­
50
tpy
major
stationary
source
threshold
and
50
tpy
significant
emission
rate
°
PM10
and
PM10
precursors
in
serious
PM10
nonattainment
areas
­
70
tpy
major
stationary
source
threshold
and
40
tpy
significant
emission
rate
