March
11,
1991
MEMORANDUM
SUBJECT:
New
Source
Review
(
NSR)
Program
Transitional
Guidance
FROM:
John
S.
Seitz,
Director
Office
of
Air
Quality
Planning
and
Standards
(
MD­
10)

TO:
Addressees
The
Clean
Air
Act
Amendments
of
1990
(
1990
Amendments)
make
numerous
changes
to
the
NSR
requirements
of
the
prevention
of
significant
deterioration
(
PSD)
and
nonattainment
area
programs.
The
1990
Amendments
create
new
and
expanded
nonattainment
areas,
extend
PSD
coverage
to
current
Class
I
area
boundaries,
and
mandate
a
PSD
exemption
for
certain
hazardous
air
pollutants.
The
Environmental
Protection
Agency
(
EPA)
intends
to
propose
by
September
of
this
year
a
regulatory
package
that
will
implement
these
and
other
changes
to
the
NSR
provisions.
Final
adoption
of
these
revised
regulations
is
projected
for
August
1992.
In
the
interim
period
between
passage
of
the
1990
Amendments
and
adoption
of
the
Agency's
final
regulations,
EPA
expects
that
numerous
issues
regarding
the
1990
Amendments
will
arise.
This
memorandum
sets
forth
the
Agency's
position
on
the
most
important
of
these
transitional
issues
involving
the
NSR
program.

The
Regional
Offices
should
send
this
guidance
document
to
their
States.
Questions
from
States
and
applicants
concerning
specific
issues
and
cases
should
be
directed
to
the
appropriate
EPA
Regional
Office.
If
you
have
any
general
questions,
please
contact
Mr.
Michael
Sewell
of
the
New
Source
Review
Section
at
FTS
629­
0873
or
(
919)
541­
0873.

Attachment
Addressees
Director,
Air,
Pesticides,
and
Toxics
Management
Division,
Regions
I,
IV,
and
VI
Director,
Air
and
Waste
Management
Division,
Region
II
Director,
Air
Management
Division,
Regions
III
and
IX
Director,
Air
and
Radiation
Division,
Region
V
Director,
Air
and
Toxics
Division,
Regions
VII,
VIII,
and
X
cc:
J.
Calcagni
R.
Campbell
W.
Laxton
2
E.
Lillis
J.
Rasnic
L.
Wegman
J.
Weigold
NSR
Contacts
CORRECTIONS
TO
ORIGINAL
DOCUMENT:
Two
errors
in
the
document
as
issued
on
March
11,
1991
have
been
corrected
in
this
copy.
On
page
2
on
the
last
line,
"
CFC
112"
is
changed
to
correctly
read
"
CFC
113".
On
page
8
in
item
4,
the
cite
"
Section
172(
b)"
is
changed
to
correctly
read
"
Section
173(
b)".
3
OAQPS:
AQMD:
PPB:
NSRS:
Sewell/
Allman(
541­
0873/
MU)
03/
07/
91
disk:
Sewell#
2;
GS26.
MEM
bcc:
Sect.
file
New
Source
Review
(
NSR)
Transitional
Guidance
Toxics
and
National
Emissions
Standards
for
Hazardous
Air
Pollutants
(
NESHAPS)
Issues
1.
Section
112
Hazardous
Air
Pollutants
are
No
Longer
Considered
Regulated
Pollutants
Under
Prevention
of
Significant
Deterioration
(
PSD),
but
NESHAPS
Still
Apply
Under
the
1977
Amendments
to
the
Clean
Air
Act
(
Act)
and
regulations
issued
thereunder,
the
PSD
requirements
of
the
Act
apply
to
all
"
major"
new
sources
and
"
major"
modifications,
i.
e.,
those
exceeding
certain
annual
tonnage
thresholds
[
see
40
CFR
52.21(
b)(
1)(
i)
and
(
b)(
2)(
i)].
Typically,
new
sources
and
modifications
become
subject
to
PSD
because
they
exceed
the
specified
tonnage
threshold
for
a
criteria
pollutant,
i.
e.,
a
pollutant
for
which
a
national
ambient
air
quality
standard
(
NAAQS)
has
been
established
under
section
109
of
the
Act.
Once
a
new
source
or
modification
is
subject
to
PSD,
the
PSD
requirements
apply
to
every
pollutant
subject
to
regulation
under
the
Act
that
is
emitted
in
"
significant"
quantities
(
or,
in
the
case
of
a
major
modification,
for
which
there
is
a
significant
net
emissions
increase)
[
see
40
CFR
52.21(
b)(
23)
and
(
i)(
2)].
Under
the
1977
Amendments,
best
available
control
technology
(
BACT)
and
other
PSD
requirements
apply
not
only
to
emissions
of
criteria
pollutants
but
also
to
emissions
of
pollutants
regulated
under
other
provisions
of
the
Act,
such
as
section
111
or
112.
This
regulatory
structure
was
altered
by
the
1990
Amendments.

Title
III
of
the
1990
Amendments
added
a
new
section
112(
b)(
6)
that
excludes
the
hazardous
air
pollutants
listed
in
section
112(
b)(
1)
of
the
revised
Act
(
as
well
as
any
pollutants
that
may
be
added
to
the
list)
from
the
PSD
(
and
other)
requirements
of
Part
C.
Thus,
because
they
are
on
the
initial
Title
III
hazardous
air
pollutants
list,
the
following
pollutants,
which
had
been
regulated
under
PSD
because
they
were
covered
by
the
section
112
NESHAPS
or
section
111
new
source
performance
standards
(
NSPS)
program,
are
now
exempt
from
Federal
PSD
applicability:

!
arsenic
!
asbestos
!
benzene
(
including
benzene
from
gasoline)

!
beryllium
!
hydrogen
sulfide
(
H
2
S)

!
mercury
!
radionuclides
(
including
radon
and
polonium)

!
vinyl
chloride.
2
The
Title
III
exemption
applies
to
final
Federal
PSD
permits
(
i.
e.,
those
issued
in
final
form
and
for
which
administrative
appeals,
if
any,
under
40
CFR
124.19
have
been
exhausted)
issued
on
or
after
the
date
of
enactment
of
the
1990
Amendments
(
November
15,
1990).
For
Federal
PSD
permit
applications
now
under
review
by
either
an
EPA
Regional
Office
or
a
delegated
State,
PSD
permit
requirements
do
not
apply
to
the
pollutants
exempted
by
Title
III.
For
Federal
PSD
permits
containing
PSD
requirements
for
the
pollutants
exempted
by
Title
III
issued
on
or
after
November
15,
1990,
the
permittee
may
request
a
revision
(
e.
g.,
removal
of
a
BACT
limit
for
benzene)
to
their
PSD
permit
to
reflect
the
Title
III
exemption
from
Federal
PSD
applicability.

Note
that
pursuant
to
section
116
and
the
preservation
clause
in
section
112(
d)(
7)
of
the
amended
Act,
States
with
an
approved
PSD
program
may
continue
to
regulate
the
Title
III
hazardous
air
pollutants
now
exempted
from
Federal
PSD
by
section
112(
b)(
6)
if
the
State
PSD
regulations
provide
an
independent
basis
to
do
so.
These
State
rules
would
remain
in
effect
unless
a
State
revised
them
to
provide
similar
exemptions.
Additionally,
the
Title
III
pollutants
continue
to
be
subject
to
any
other
applicable
State
and
Federal
rules;
the
exclusion
is
only
for
Part
C
rules.

Finally,
section
112(
q)
retains
existing
NESHAPS
regulations
by
specifying
that
any
standard
under
section
112
in
effect
prior
to
the
date
of
enactment
of
the
1990
Amendments
shall
remain
in
force
and
effect
after
such
date
unless
modified
as
provided
in
the
amended
section.
Therefore,
the
requirements
of
40
CFR
61.05
to
61.08,
including
preconstruction
permitting
requirements,
for
new
and
modified
sources
subject
to
existing
NESHAPS
regulations
are
still
applicable.

In
summary,
the
pollutants
currently
regulated
under
the
Act
as
of
March
1991
that
are
still
subject
to
Federal
PSD
review
and
permitting
requirements
are:

!
carbon
monoxide
!
nitrogen
oxides
!
sulfur
dioxide
!
particulate
matter
and
PM­
10
!
ozone
(
volatile
organic
compounds)

!
lead
(
elemental)

!
fluorides
!
sulfuric
acid
mist
!
total
reduced
sulfur
compounds
(
including
H
2
S)

!
CFC's
11,
12,
113,
114,
115
3
!
halons
1211,
1301,
2402
!
municipal
waste
combustor
(
MWC)
acid
gases,
MWC
metals
and
MWC
organics.

2.
Hazardous
Air
Pollutants
that
are
Regulated
as
One
Component
of
a
More
General
Pollutant
Under
Other
Provisions
of
the
Clean
Air
Act
are
Still
Regulated
Any
hazardous
air
pollutants
listed
in
section
112(
b)(
1)
which
are
regulated
as
constituents
of
a
more
general
pollutant
listed
under
section
108
of
the
Act
are
still
subject
to
PSD
as
part
of
the
more
general
pollutant,
despite
the
exemption
in
Title
III.
For
example,
volatile
organic
compounds
(
VOC's)
(
a
term
which
includes
benzene,
vinyl
chloride,
methanol,
toluene,
methyl
ethyl
ketone,
and
thousands
of
other
compounds)
are
still
regulated
as
VOC's
(
but
not
as
individual
pollutants
such
as
benzene,
etc.)
under
the
PSD
regulations
because
these
pollutants
are
ozone
precursors,
not
because
they
are
air
toxics.
Also,
particulates
(
including
lead
compounds
and
asbestos)
are
still
regulated
as
particulates
(
both
PM­
10
and
particulate
matter)
under
the
PSD
regulations.
Lead
compounds
are
exempt
from
Federal
PSD
by
Title
III,
but
the
elemental
lead
portion
of
lead
compounds
(
as
tested
for
in
40
CFR
Part
60,
Appendix
A,
Method
12)
is
still
considered
a
criteria
pollutant
subject
to
the
lead
NAAQS
and
still
regulated
under
PSD.

3.
Toxic
Effect
of
Unregulated
Pollutants
Still
Considered
in
BACT
Analysis
Based
on
the
remand
decision
on
June
3,
1986
by
the
EPA
Administrator
in
North
County
Resource
Recovery
Associates
(
PSD
Appeal
No.
85­
2),
the
impact
on
emissions
of
other
pollutants,
including
unregulated
pollutants,
must
be
taken
into
account
in
determining
BACT
for
a
regulated
pollutant.
When
evaluating
control
technologies
and
their
associated
emissions
limits,
combustion
practices,
and
related
permit
terms
and
conditions
in
a
BACT
proposal,
the
applicant
must
consider
the
environmental
impacts
of
all
pollutants
not
regulated
by
PSD.
Once
a
project
is
subject
to
BACT
due
to
the
emission
of
nonexempted
pollutants,
the
BACT
analysis
should
therefore
consider
all
pollutants,
including
Title
III
hazardous
air
pollutants
previously
subject
to
PSD,
in
determining
which
control
strategy
is
best.
4
PSD
Class
I
Boundary
Issues
1.
PSD
Applicability
Coverage
Changes
as
Class
I
Area
Boundaries
Change
Sections
162(
a)
and
164(
a)
of
the
amended
Act
specify
that
the
boundaries
of
areas
designated
as
Class
I
must
now
conform
to
all
boundary
changes
at
such
parks
and
wilderness
areas
made
since
August
7,
1977
and
any
changes
that
may
occur
in
the
future.
The
EPA
does
not
believe
that
Congress
intended
to
create
the
turmoil
which
would
occur
if
this
redesignation
required
the
modification
of
permits
issued
between
August
7,
1977
and
November
15,
1990,
or
the
resubmission
and
reevaluation
of
complete
permit
applications
submitted
prior
to
enactment
of
the
1990
Amendments.
Thus,
for
this
reason,
applications
considered
complete
prior
to
November
15,
1990
should
be
processed
as
submitted
without
regard
to
the
new
Class
I
area
boundaries.
Exceptions
to
this
general
policy
are
in
the
areas
of
increment
consumption
and
air
quality
related
values
(
including
visibility),
as
discussed
below.

For
an
applicant
who
submitted
a
complete
PSD
application
prior
to
November
15,
1990,
if
all
other
PSD
requirements
are
met,
a
permit
may
be
issued
based
on
the
Class
I
analysis
as
submitted
in
the
application,
unless
the
reviewing
authority
finds,
on
a
case­
by­
case
basis,
that
additional
analysis
is
needed
from
the
applicant
to
address
suspected
adverse
impacts
or
increment
consumption
problems
due
to
the
expanded
boundaries
of
the
Class
I
areas.
Any
existing
increment
violations
in
the
new
boundaries
of
Class
I
areas
must
be
remedied
through
a
SIP
revision
pursuant
to
40
CFR
51.166(
a)(
3).

The
PSD
applications
not
considered
complete
before
November
15,
1990
must
consider
the
impact
of
both
existing
sources
and
the
new
or
modified
source
on
the
Class
I
areas
as
defined
by
the
1990
Amendments.
Thus,
the
complete
application
must
consider
the
impacts
on
the
entire
Class
I
area
based
upon
the
boundaries
in
existence
on
the
date
of
submittal
of
a
complete
application;
as
before,
if
a
Class
I
boundary
changes
before
the
permit
is
issued,
the
reviewing
authority
may
find,
on
a
case­
by­
case
basis,
that
additional
analysis
is
needed
from
the
applicant
to
address
suspected
adverse
impacts
or
increment
consumption
problems
due
to
expanded
Class
I
area
boundaries.
5
NSR
Nonattainment
Issues
1.
NSR
Construction
Permit
Requirements
in
Nonattainment
Areas
In
many
States,
the
existing
approved
Part
D
permit
program
by
its
terms
covers
all
designated
nonattainment
areas
in
the
State,
so
a
Part
D
permit
program
will
automatically
apply
to
the
new
and
expanded
nonattainment
areas
which
are
established
under
provisions
of
Title
I
of
the
1990
Amendments.
Thus,
until
new
rules
are
adopted
for
these
new
or
expanded
nonattainment
areas,
States
should
apply
the
requirements
of
their
existing
approved
Part
D
permit
program.
However,
in
other
States,
a
Part
D
program
may
be
limited
to
specified
areas
and
does
not
apply
to
new
or
expanded
areas.
In
these
areas,
States
must
implement
a
transitional
permitting
program
until
their
existing
Part
D
programs
are
revised
to
meet
the
requirements
of
the
1990
Amendments
and
expanded
to
cover
all
nonattainment
areas
in
the
State.
Otherwise,
both
the
goals
of
Part
D
and
Congress'
intent
in
creating
new
or
expanded
nonattainment
areas
will
be
frustrated.

The
EPA
regulations
already
provide
for
these
new
or
expanded
designated
nonattainment
areas
because
the
Emission
Offset
Interpretative
Ruling
(
40
CFR
Part
51,
Appendix
S)
governs
permits
to
construct
between
the
date
of
designation
and
the
date
an
approved
Part
D
plan
is
made
applicable
to
the
new
nonattainment
area
[
see
40
CFR
52.24(
k)].
Until
a
State's
new
Part
D
plan
is
approved
by
EPA,
if
a
State
wishes
to
issue
a
permit
for
a
major
stationary
source
or
major
modification
in
a
new
or
expanded
designated
nonattainment
area,
the
State
should
comply
with
the
requirements
of
Appendix
S.
Among
other
things,
Appendix
S
requires
a
major
source
seeking
to
locate
in
a
nonattainment
area
to
(
1)
meet
the
lowest
achievable
emission
rate
for
such
source,
(
2)
provide
offsets
from
existing
sources
in
the
area,
and
(
3)
show
that
the
offsets
will
provide
a
positive
net
air
quality
benefit
(
see
40
CFR
Part
51,
Appendix
S,
section
IV.
A).
The
EPA
believes
that
in
order
to
carry
out
the
intent
of
Appendix
S,
offsets
should
be
required
for
sources
in
all
categories
and
in
all
instances
should
be
calculated
on
a
tons
per
year
basis
(
see
40
CFR
Part
51,
Appendix
S,
section
IV.
C).

Of
course,
neither
Appendix
S
nor
the
existing
NSR
rules
incorporate
the
NSR
changes
mandated
by
Title
I
of
the
1990
Amendments
such
as
lower
source
applicability
thresholds,
increased
emissions
offset
ratios,
new
definitions
of
major
stationary
source,
and
(
for
ozone
nonattainment
areas)
requirements
for
nitrogen
oxides
(
NOx)
6
control
and
NOx
emissions
offsets.
However,
the
1990
Amendments
require
States
to
submit
to
EPA
new
NSR
permit
program
rules
for
ozone
nonattainment
areas
by
November
15,
1992;
for
PM­
10
nonattainment
areas
by
June
30,
1992;
and
for
most
carbon
monoxide
(
CO)
nonattainment
areas
no
later
than
3
years
from
the
date
of
the
nonattainment
designation.
The
EPA
interprets
this
as
an
expression
of
congressional
intent
not
to
mandate
that
States
adhere
to
the
more
stringent
Title
I
NSR
requirements
in
nonattainment
areas
during
the
time
provided
for
State
implementation
plan
(
SIP)
development.
Thus,
for
NSR
permitting
purposes
in
nonattainment
areas,
the
new
NSR
requirements
in
Title
I
are
not
in
effect
until
the
States,
as
required
by
the
Act,
adopt
NSR
permit
program
rules
to
implement
the
Title
I
provisions.
In
addition,
EPA
encourages
any
State
having
adequate
authority
for
early
implementation
of
the
NSR
changes
to
do
so
as
soon
as
possible.

If
States
fail
to
submit
to
EPA
the
new
NSR
permit
program
rules
for
nonattainment
areas
by
the
deadlines
in
the
amended
Act,
EPA
intends
to
impose
in
these
nonattainment
areas
a
Federal
implementation
plan
(
FIP)
embodying
such
requirements.
Currently,
EPA
intends
to
propose
revised
NSR
regulations
at
40
CFR
Part
52
that
would
implement
the
new
Title
I
NSR
requirements
under
a
FIP
in
a
State
if
that
State's
revised
NSR
rules
to
implement
Title
I
are
not
submitted
in
approvable
form
to
EPA
and
made
effective
within
the
State
by
the
deadlines
established
by
the
1990
Amendments.

The
area
designation
in
effect
on
the
date
of
permit
issuance
by
the
reviewing
agency
determines
which
regulations
(
Part
C
or
Part
D)
apply
to
that
permit.
In
other
words,
the
PSD
permit
regulations
apply
to
pollutants
for
which
the
area
is
designated
as
attainment
or
unclassifiable,
and
the
NSR
nonattainment
permit
regulations
apply
to
pollutants
for
which
the
area
is
designated
nonattainment
[
see
40
CFR
51.166(
i)(
3)
and
(
5);
and
40
CFR
52.21(
i)(
3)
and
(
5)].
Under
these
regulations,
a
PSD
permit
for
a
pollutant
cannot
be
issued
in
an
area
that
is
designated
nonattainment
for
that
pollutant.
For
the
situation
where
a
source
receives
a
PSD
or
other
permit
prior
to
the
date
the
area
is
designated
as
nonattainment,
the
permit
remains
in
effect
as
long
as
the
source
commences
construction
within
18
months
after
the
date
of
nonattainment
designation
of
the
area,
does
not
discontinue
construction
for
more
than
18
months,
and
completes
construction
within
a
reasonable
time
[
see
40
CFR
52.24(
g)
and
(
k)].
Although
the
PSD
regulations
provide
for
extension
of
these
deadlines,
no
extension
would
be
appropriate
where
the
area
has
been
designated
as
nonattainment
following
permit
issuance.
Accordingly,
if
7
any
of
these
construction
provisions
are
not
met,
the
PSD
permit
or
other
permit
will
not
be
extended,
and
the
source
(
if
subject
to
the
nonattainment
provisions)
must
obtain
a
nonattainment
permit
prior
to
commencing
(
or
continuing)
construction.

The
1990
Amendments
create
some
new
and
expanded
nonattainment
areas
by
operation
of
law.
Other
nonattainment
area
changes
are
expected
as
the
States
and
EPA
complete
the
designation
process
prescribed
in
amended
section
107(
d).
Because
of
these
provisions,
the
dates
areas
switch
from
attainment
to
nonattainment
for
NSR
purposes
vary
by
pollutant.
However,
except
for
the
two
instances
where
the
Amendments
create
changes
by
operation
of
law,
the
new
designations
and
expanded
boundaries
will
not
be
effective
for
NSR
purposes
until
EPA
promulgates
the
changes.
The
promulgations
will
be
announced
in
the
Federal
Register.

Congress
create
new
PM­
10
nonattainment
areas
through
designations
that
became
effective
upon
enactment
of
the
1990
Amendments
on
November
15,
1990
[
see
section
107(
d)(
4)(
B)].
Specifically,
Congress
designated
Group
I
areas
and
areas
where
violations
of
the
PM­
10
NAAQS
had
occurred
prior
to
January
1,
1989
as
nonattainment.
The
EPA
published
a
list
of
these
PM­
10
areas
in
a
Federal
Register
notice
(
see
55
FR
45799,
October
31,
1990;
see
also
52
FR
29383,
August
7,
1987).
The
EPA
plans
to
publish
a
notice
in
the
Federal
Register
listing
these
areas
as
nonattainment
in
the
near
future,
but
they
are
already
considered
nonattainment
areas
as
of
November
15,
1990.

Similarly,
the
1990
Amendments
expand
by
operation
of
law
some
CO
and
ozone
nonattainment
areas.
However,
these
changes
did
not
become
effective
with
passage
but
rather
on
December
30,
1990.
The
specifics
are
as
follows:

Section
107(
d)(
4)(
A)(
iv)
of
the
amended
Act
provides
that,
with
the
exception
explained
below,
ozone
and
CO
nonattainment
areas
located
within
metropolitan
statistical
areas
(
MSA)
and
consolidated
metropolitan
statistical
areas
(
CMSA)
which
are
classified
as
serious,
severe,
or
extreme
for
ozone
or
as
serious
for
CO
are
automatically
expanded
to
include
the
entire
MSA
or
CMSA.
This
expansion
became
effective
by
operation
of
law
45
days
after
enactment
unless
the
Governor
submitted
a
notice
by
this
deadline
of
the
State's
intent
to
seek
a
modification
of
the
expanded
boundaries
pursuant
to
the
procedures
set
forth
in
section
107(
d)(
4)(
A)(
v).
So
if
a
8
State
did
not
provide
this
notice,
the
nonattainment
boundaries
of
all
serious,
severe,
and
extreme
ozone
nonattainment
areas
in
the
State
and
all
serious
CO
areas
in
the
State
expanded
to
include
the
entire
MSA
or
CMSA
on
December
30,
1990.
If
a
State
did
provide
timely
notice,
the
Administrator
has
up
to
14
months
from
enactment
to
resolve
the
State's
challenge.
Until
EPA
promulgates
a
resolution
of
the
State's
challenge,
the
old
boundaries
remain
in
effect.

Except
for
these
two
cases
where
new
or
expanded
boundaries
have
been
created
by
operation
of
law,
nonattainment
area
changes
will
not
be
considered
effective
until
the
changes
are
promulgated
by
the
EPA.
As
to
most
new
areas
or
expansions
of
previously­
designated
nonattainment
areas,
this
will
occur
240
days
after
enactment
[
see
section
107(
d)(
4)(
A)(
i)
and
(
ii)].
Newlycreated
ozone
and
CO
nonattainment
areas
will
be
considered
part
of
a
designated
nonattainment
area
for
NSR
purposes
at
the
time
of
promulgation.

2.
Status
of
Construction
Bans
Pursuant
to
section
110(
n)(
3),
an
existing
construction
ban
that
was
imposed
due
to
the
absence
of
approved
Part
D
NSR
rules
remains
in
effect
until
a
revised
NSR
SIP
is
approved.
Existing
construction
bans
imposed
due
to
disapproval
of
primary
sulfur
dioxide
NAAQS
attainment
plans
also
remain
in
effect.
A
Federal
Register
notice
will
be
published
soon
announcing
the
status
of
construction
bans
in
general
and
also
lifting
specific
bans
where
appropriate.
Should
a
construction
ban
be
lifted
in
any
area
designated
as
nonattainment,
and
the
area
lacks
an
approved
Part
D
NSR
rule,
the
State
should
meet
the
requirements
of
40
CFR
Part
51,
Appendix
S,
in
issuing
permits
to
major
new
sources
or
major
modifications
prior
to
the
adoption
of
NSR
rules
meeting
the
requirements
of
the
1990
Amendments.

3.
Federal
Implementation
Plans
Remain
in
Effect
The
NSR
permitting
program
in
an
existing
FIP
remains
in
effect
until
a
SIP
is
approved
or
a
revised
FIP
is
adopted.

4.
Use
of
Previously­
Approved
Growth
Allowances
is
Prohibited
Section
173(
b)
invalidates
growth
allowances
in
existing
SIP's
in
areas
that
received
a
SIP
call
prior
to
enactment
of
the
1990
Amendments,
or
that
receive
one
thereafter.
For
NSR
permits
issued
on
or
after
November
15,
1990,
previously­
approved
growth
allowances
cannot
be
used
9
in
these
areas.
Construction
permits
cannot
be
issued
in
SIP­
call
areas
under
existing
EPA­
approved
Part
D
programs
to
the
extent
that
such
permits
rely
on
previously­
approved
growth
allowances.
Case­
by­
case
emission
offsets
must
be
obtained
for
any
such
permits,
and
other
existing
Part
D
requirements
must
be
met.

5.
Existing
NSR
Permitting
Rules
Continue
to
Apply
in
the
Northeast
Ozone
Transport
Region
(
NOTR)

The
1990
Amendments
establish
a
single
ozone
transport
region
comprised
of
the
States
of
Connecticut,
Delaware,
Maine,
Maryland,
Massachusetts,
New
Hampshire,
New
Jersey,
New
York,
Pennsylvania,
Rhode
Island,
Vermont,
and
the
CMSA
that
includes
the
District
of
Columbia
and
part
of
the
State
of
Virginia.
For
this
transport
region,
including
all
attainment
areas
within
its
boundaries,
new
section
184(
b)(
2)
specifies
that
any
stationary
source
that
emits
or
has
the
potential
to
emit
at
least
50
tons
per
year
of
VOC's
shall
be
considered
a
major
stationary
source
and
subject
to
the
requirements
which
would
be
applicable
to
major
stationary
sources
if
the
area
were
classified
as
a
moderate
ozone
nonattainment
area.
For
NSR
purposes,
the
requirements
of
section
184(
b)(
2)
are
not
in
effect
in
a
State
until
the
State
submits
a
new
or
revised
SIP
that
includes
the
requirements
(
or
EPA
imposes
a
FIP
implementing
those
requirements).
A
State
in
the
NOTR
has
until
November
15,
1992
to
submit
to
EPA
the
new
or
revised
NSR
rules
addressing
the
new
requirements.
