(
c)
Switching
from
coal
to
wood,
excluding
construction
or
demolition
waste,
chemical
or
pesticide
treated
wood,
and
other
forms
of
"
unclean"
wood;

(
d)
Switching
from
coal
to
#
2
fuel
oil
(
0.5
percent
maximum
sulfur
content);
and
(
e)
Switching
from
high
sulfur
coal
to
low
sulfur
coal
(
maximum
1.2
percent
sulfur
content).

(
vi)
Activities
or
projects
undertaken
to
accommodate
switching
from
the
use
of
one
ozone
depleting
substance
(
ODS)
to
the
use
of
a
substance
with
a
lower
or
zero
ozone
depletion
potential
(
ODP),
including
changes
to
equipment
needed
to
accommodate
the
activity
or
project,
that
meet
the
requirements
of
paragraphs
II.
A.
22(
vi)(
a)
and
(
b)
of
this
Ruling.

(
a)
The
productive
capacity
of
the
equipment
is
not
increased
as
a
result
of
the
activity
or
project.

(
b)
The
projected
usage
of
the
new
substance
is
lower,

on
an
ODP­
weighted
basis,
than
the
baseline
usage
of
the
replaced
ODS.
To
make
this
determination,
follow
the
procedure
in
paragraphs
II.
A.
22(
vi)(
b)(
1)
through
(
4)
of
this
Ruling.

(
1)
Determine
the
ODP
of
the
substances
by
consulting
40
CFR
part
82,
subpart
A,
appendices
A
and
B.

(
2)
Calculate
the
replaced
ODP­
weighted
amount
by
multiplying
the
baseline
actual
usage
(
using
the
annualized
average
of
any
24
consecutive
months
of
usage
within
the
past
10
years)
by
the
ODP
of
the
replaced
ODS.
102
(
3)
Calculate
the
projected
ODP­
weighted
amount
by
multiplying
the
projected
future
annual
usage
of
the
new
substance
by
its
ODP.

(
4)
If
the
value
calculated
in
paragraph
II.
A.
22(
vi)(
b)(
2)
of
this
Ruling
is
more
than
the
value
calculated
in
paragraph
II.
A.
22(
vi)(
b)(
3)
of
this
Ruling,

then
the
projected
use
of
the
new
substance
is
lower,
on
an
ODP­
weighted
basis,
than
the
baseline
usage
of
the
replaced
ODS.

23.
Pollution
prevention
means
any
activity
that
through
process
changes,
product
reformulation
or
redesign,

or
substitution
of
less
polluting
raw
materials,
eliminates
or
reduces
the
release
of
air
pollutants
(
including
fugitive
emissions)
and
other
pollutants
to
the
environment
prior
to
recycling,
treatment,
or
disposal;
it
does
not
mean
recycling
(
other
than
certain
"
in­
process
recycling"

practices),
energy
recovery,
treatment,
or
disposal.

24.
Significant
emissions
increase
means,
for
a
regulated
NSR
pollutant,
an
increase
in
emissions
that
is
significant
(
as
defined
in
paragraph
II.
A.
10
of
this
Ruling)

for
that
pollutant.

25.(
i)
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
103
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
of
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.

(
ii)
In
determining
the
projected
actual
emissions
under
paragraph
II.
A.
25(
i)
of
this
Ruling
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
under
the
approved
plan;
and
(
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
104
actual
emissions
under
paragraph
II.
A.
32
of
this
Ruling
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
II.
A.
25(
ii)(
a)
through
(
c)
of
this
Ruling,
may
elect
to
use
the
emissions
unit's
potential
to
emit,
in
tons
per
year,
as
defined
under
paragraph
II.
A.
3
of
this
Ruling.

26.
Clean
Unit
means
any
emissions
unit
that
has
been
issued
a
major
NSR
permit
that
requires
compliance
with
BACT
or
LAER,
that
is
complying
with
such
BACT/
LAER
requirements,

and
qualifies
as
a
Clean
Unit
pursuant
to
IV.
I
of
this
Ruling
or
pursuant
to
regulations
approved
by
the
Administrator
in
accordance
with
§
51.165(
c)
of
this
part;
or
any
emissions
unit
that
has
been
designated
by
a
reviewing
authority
as
a
Clean
Unit,
based
on
the
criteria
in
paragraphs
IV.
J.
3(
i)
through
(
iv)
of
this
Ruling,
using
a
plan­
approved
permitting
process;
or
any
emissions
unit
that
has
been
designated
by
a
reviewing
authority
as
a
Clean
Unit,
based
on
the
criteria
in
§
§
51.165(
d)(
3)(
i)
through
(
iv)
of
this
part,
using
a
plan­
approved
permitting
process;

or
any
emissions
unit
that
has
been
designated
as
a
Clean
Unit
by
the
Administrator
in
accordance
with
§
52.21
(
y)(
3)(
i)
through
(
iv)
of
this
chapter.

27.
Nonattainment
major
new
source
review
(
NSR)

program
means
a
major
source
preconstruction
permit
program
that
implements
Sections
I
through
VI
of
this
Ruling,
or
a
105
program
that
has
been
approved
by
the
Administrator
and
incorporated
into
the
plan
to
implement
the
requirements
of
§
51.165
of
this
part.
Any
permit
issued
under
such
a
program
is
a
major
NSR
permit.

28.
Continuous
emissions
monitoring
system
(
CEMS)

means
all
of
the
equipment
that
may
be
required
to
meet
the
data
acquisition
and
availability
requirements
of
this
Ruling,
to
sample,
condition
(
if
applicable),
analyze,
and
provide
a
record
of
emissions
on
a
continuous
basis.

29.
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.

30.
Continuous
parameter
monitoring
system
(
CPMS)

means
all
of
the
equipment
necessary
to
meet
the
data
acquisition
and
availability
requirements
of
this
Ruling,
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.

31.
Continuous
emissions
rate
monitoring
system
(
CERMS)
means
the
total
equipment
required
for
the
106
determination
and
recording
of
the
pollutant
mass
emissions
rate
(
in
terms
of
mass
per
unit
of
time).

32.
Baseline
actual
emissions
means
the
rate
of
emissions,
in
tons
per
year,
of
a
regulated
NSR
pollutant,

as
determined
in
accordance
with
paragraphs
II.
A.
32(
i)

through
(
iv)
of
this
Ruling.

(
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
reviewing
authority
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
any
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
107
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
II.
A.
32(
i)(
b)
of
this
Ruling.

(
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
reviewing
authority
for
a
permit
required
either
under
this
Ruling
or
under
a
plan
approved
by
the
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
108
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
Administrator
proposed
or
promulgated
under
part
63
of
this
chapter,
the
baseline
actual
emissions
need
only
be
adjusted
if
the
State
has
taken
credit
for
such
emissions
reductions
in
an
attainment
demonstration
or
maintenance
plan.

(
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.
A.
32(
ii)(
b)
and
(
c)
of
this
Ruling.

(
iii)
For
a
new
emissions
unit,
the
baseline
actual
109
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
II.
A.
32(
i)
of
this
Ruling,
for
other
existing
emissions
units
in
accordance
with
the
procedures
contained
in
paragraph
II.
A.
32(
ii)
of
this
Ruling,
and
for
a
new
emissions
unit
in
accordance
with
the
procedures
contained
in
paragraph
II.
A.
32(
iii)
of
this
Ruling.

33.
Regulated
NSR
pollutant,
for
purposes
of
this
Ruling,
means
the
following:

(
i)
Nitrogen
oxides
or
any
volatile
organic
compounds;

(
ii)
Any
pollutant
for
which
a
national
ambient
air
quality
standard
has
been
promulgated;
or
(
iii)
Any
pollutant
that
is
a
constituent
or
precursor
of
a
general
pollutant
listed
under
paragraphs
II.
A.
33(
i)
or
(
ii)
of
this
Ruling,
provided
that
a
constituent
or
precursor
pollutant
may
only
be
regulated
under
NSR
as
part
of
regulation
of
the
general
pollutant.

34.
Reviewing
authority
means
the
State
air
pollution
control
agency,
local
agency,
other
State
agency,
Indian
tribe,
or
other
agency
issuing
permits
under
this
Ruling
or
110
authorized
by
the
Administrator
to
carry
out
a
permit
program
under
§
§
51.165
and
51.166
of
this
part,
or
the
Administrator
in
the
case
of
EPA­
implemented
permit
programs
under
this
Ruling
or
under
§
52.21
of
this
chapter.

35.
Project
means
a
physical
change
in,
or
change
in
the
method
of
operation
of,
an
existing
major
stationary
source.

36.
Best
available
control
technology
(
BACT)
means
an
emissions
limitation
(
including
a
visible
emissions
standard)
based
on
the
maximum
degree
of
reduction
for
each
regulated
NSR
pollutant
which
would
be
emitted
from
any
proposed
major
stationary
source
or
major
modification
which
the
reviewing
authority,
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
or
available
methods,
systems,
and
techniques,
including
fuel
cleaning
or
treatment
or
innovative
fuel
combustion
techniques
for
control
of
such
pollutant.
In
no
event
shall
application
of
best
available
control
technology
result
in
emissions
of
any
pollutant
which
would
exceed
the
emissions
allowed
by
any
applicable
standard
under
40
CFR
part
60
or
61.
If
the
reviewing
authority
determines
that
technological
or
economic
limitations
on
the
application
of
measurement
methodology
to
a
particular
emissions
unit
would
make
the
imposition
of
an
emissions
standard
infeasible,
a
111
design,
equipment,
work
practice,
operational
standard,
or
combination
thereof,
may
be
prescribed
instead
to
satisfy
the
requirement
for
the
application
of
BACT.
Such
standard
shall,
to
the
degree
possible,
set
forth
the
emissions
reduction
achievable
by
implementation
of
such
design,

equipment,
work
practice
or
operation,
and
shall
provide
for
compliance
by
means
which
achieve
equivalent
results.

37.
Prevention
of
Significant
Deterioration
(
PSD)

permit
means
any
permit
that
is
issued
under
a
major
source
preconstruction
permit
program
that
has
been
approved
by
the
Administrator
and
incorporated
into
the
plan
to
implement
the
requirements
of
§
51.166
of
this
chapter,
or
under
the
program
in
§
52.21
of
this
chapter.

38.
Federal
Land
Manager
means,
with
respect
to
any
lands
in
the
United
States,
the
Secretary
of
the
department
with
authority
over
such
lands.

*
*
*
*
*

IV.
*
*
*

C.
*
*
*

7.
Designation
of
a
Clean
Unit
or
PCP.
Decreases
in
actual
emissions
resulting
from
the
installation
of
add­
on
control
technology
or
application
of
pollution
prevention
measures
that
were
relied
upon
in
designating
an
emissions
unit
as
a
Clean
Unit
or
a
project
as
a
PCP
cannot
be
used
as
offsets.

8.
Credit
for
decreases
at
Clean
Units
and
PCPs.
112
Decreases
in
actual
emissions
occurring
at
a
Clean
Unit
cannot
be
used
as
offsets,
except
as
provided
in
paragraphs
IV.
I.
8
and
IV.
J.
10
of
this
Ruling.
Similarly,
decreases
in
actual
emissions
occurring
at
a
PCP
cannot
be
used
as
offsets,
except
as
provided
in
paragraph
IV.
K.
6(
iv)
of
this
Ruling.

D.
Location
of
offsetting
emissions.
The
owner
or
operator
of
a
new
or
modified
major
stationary
source
may
comply
with
any
offset
requirement
in
effect
under
this
Ruling
for
increased
emissions
of
any
air
pollutant
only
by
obtaining
emission
reductions
of
such
air
pollutant
from
the
same
source
or
other
sources
in
the
same
nonattainment
area,

except
that
the
reviewing
authority
may
allow
the
owner
or
operator
of
a
source
to
obtain
such
emission
reductions
in
another
nonattainment
area
if
the
conditions
in
IV.
D.
1
and
2
are
met.

1.
The
other
area
has
an
equal
or
higher
nonattainment
classification
than
the
area
in
which
the
source
is
located.

2.
Emissions
from
such
other
area
contribute
to
a
violation
of
the
national
ambient
air
quality
standard
in
the
nonattainment
area
in
which
the
source
is
located.

*
*
*
*
*

E.
Reasonable
Further
Progress
Permits
to
construct
and
operate
may
be
issued
if
the
reviewing
authority
determines
that,
by
the
time
the
source
is
to
commence
operation,
sufficient
offsetting
emissions
113
reductions
have
been
obtained,
such
that
total
allowable
emissions
from
existing
sources
in
the
region,
from
new
or
modified
sources
which
are
not
major
emitting
facilities,

and
from
the
proposed
source
will
be
sufficiently
less
than
total
emissions
from
existing
sources
prior
to
the
application
for
such
permit
to
construct
or
modify
so
as
to
represent
(
when
considered
together
with
the
plan
provisions
required
under
CAA
section
172)
reasonable
further
progress
(
as
defined
in
CAA
section
171).

G.
Applicability
procedures.

1.
To
determine
whether
a
project
constitutes
a
major
modification,
the
reviewing
authority
shall
apply
the
principles
set
out
below
in
paragraphs
IV.
G.
1(
i)
through
(
vi)
of
this
Ruling.

(
i)
Except
as
otherwise
provided
in
paragraphs
IV.
G.
2
and
3
of
this
Ruling,
and
consistent
with
the
definition
of
major
modification
contained
in
paragraph
II.
A.
5
of
this
Ruling,
a
project
is
a
major
modification
for
a
regulated
NSR
pollutant
if
it
causes
two
types
of
emissions
increases
 
a
significant
emissions
increase
(
as
defined
in
paragraph
II.
A.
24
of
this
Ruling),
and
a
significant
net
emissions
increase
(
as
defined
in
paragraphs
II.
A.
6
and
10
of
this
Ruling).
The
project
is
not
a
major
modification
if
it
does
not
cause
a
significant
emissions
increase.
If
the
project
causes
a
significant
emissions
increase,
then
the
project
is
a
major
modification
only
if
it
also
results
in
a
significant
net
emissions
increase.
114
(
ii)
The
procedure
for
calculating
(
before
beginning
actual
construction)
whether
a
significant
emissions
increase
(
i.
e.,
the
first
step
of
the
process)
will
occur
depends
upon
the
type
of
emissions
units
being
modified,

according
to
paragraphs
IV.
G.
1(
iii)
through
(
vi)
of
this
Ruling.
The
procedure
for
calculating
(
before
beginning
actual
construction)
whether
a
significant
net
emissions
increase
will
occur
at
the
major
stationary
source
(
i.
e.,

the
second
step
of
the
process)
is
contained
in
the
definition
in
paragraph
II.
A.
6
of
this
Ruling.
Regardless
of
any
such
preconstruction
projections,
a
major
modification
results
if
the
project
causes
a
significant
emissions
increase
and
a
significant
net
emissions
increase.

(
iii)
Actual­
to­
projected­
actual
applicability
test
for
projects
that
only
involve
existing
emissions
units.
A
significant
emissions
increase
of
a
regulated
NSR
pollutant
is
projected
to
occur
if
the
sum
of
the
difference
between
the
projected
actual
emissions
(
as
defined
in
paragraph
II.
A.
25
of
this
Ruling)
and
the
baseline
actual
emissions
(
as
defined
in
paragraphs
II.
A.
32(
i)
and
(
ii)
of
this
Ruling,
as
applicable),
for
each
existing
emissions
unit,

equals
or
exceeds
the
significant
amount
for
that
pollutant
(
as
defined
in
paragraph
II.
A.
10
of
this
Ruling).

(
iv)
Actual­
to­
potential
test
for
projects
that
only
involve
construction
of
a
new
emissions
unit(
s).
A
significant
emissions
increase
of
a
regulated
NSR
pollutant
115
is
projected
to
occur
if
the
sum
of
the
difference
between
the
potential
to
emit
(
as
defined
in
paragraph
II.
A.
3
of
this
Ruling)
from
each
new
emissions
unit
following
completion
of
the
project
and
the
baseline
actual
emissions
(
as
defined
in
paragraph
II.
A.
32(
iii)
of
this
Ruling)
of
these
units
before
the
project
equals
or
exceeds
the
significant
amount
for
that
pollutant
(
as
defined
in
paragraph
II.
A.
10
of
this
Ruling).

(
v)
Emission
test
for
projects
that
involve
Clean
Units.
For
a
project
that
will
be
constructed
and
operated
at
a
Clean
Unit
without
causing
the
emissions
unit
to
lose
its
Clean
Unit
designation,
no
emissions
increase
is
deemed
to
occur.

(
vi)
Hybrid
test
for
projects
that
involve
multiple
types
of
emissions
units.
A
significant
emissions
increase
of
a
regulated
NSR
pollutant
is
projected
to
occur
if
the
sum
of
the
emissions
increases
for
each
emissions
unit,

using
the
method
specified
in
paragraphs
IV.
G.
1(
iii)
through
(
v)
of
this
Ruling
as
applicable
with
respect
to
each
emissions
unit,
for
each
type
of
emissions
unit
equals
or
exceeds
the
significant
amount
for
that
pollutant
(
as
defined
in
paragraph
II.
A.
10
of
this
Ruling).
For
example,

if
a
project
involves
both
an
existing
emissions
unit
and
a
Clean
Unit,
the
projected
increase
is
determined
by
summing
the
values
determined
using
the
method
specified
in
paragraph
IV.
G.
1(
iii)
of
this
Ruling
for
the
existing
unit
and
using
the
method
specified
in
paragraph
IV.
G.
1(
v)
of
116
this
Ruling
for
the
Clean
Unit.

2.
For
any
major
stationary
source
for
a
PAL
for
a
regulated
NSR
pollutant,
the
major
stationary
source
shall
comply
with
requirements
under
paragraph
IV.
L
of
this
Ruling.

3.
An
owner
or
operator
undertaking
a
PCP
(
as
defined
in
paragraph
II.
A.
22
of
this
Ruling)
shall
comply
with
the
requirements
under
paragraph
IV.
K
of
this
Ruling.

H.
Provisions
for
projected
actual
emissions.
The
provisions
of
this
paragraph
IV.
H
apply
to
projects
at
existing
emissions
units
at
a
major
stationary
source
(
other
than
projects
at
a
Clean
Unit
or
at
a
source
with
a
PAL)
in
circumstances
where
there
is
a
reasonable
possibility
that
a
project
that
is
not
a
part
of
a
major
modification
may
result
in
a
significant
emissions
increase
and
the
owner
or
operator
elects
to
use
the
method
specified
in
paragraphs
II.
A.
25(
ii)(
a)
through
(
c)
of
this
Ruling
for
calculating
projected
actual
emissions.

1.
Before
beginning
actual
construction
of
the
project,
the
owner
or
operator
shall
document
and
maintain
a
record
of
the
following
information:

(
i)
A
description
of
the
project;

(
ii)
Identification
of
the
emissions
unit(
s)
whose
emissions
of
a
regulated
NSR
pollutant
could
be
affected
by
the
project;
and
(
iii)
A
description
of
the
applicability
test
used
to
117
determine
that
the
project
is
not
a
major
modification
for
any
regulated
NSR
pollutant,
including
the
baseline
actual
emissions,
the
projected
actual
emissions,
the
amount
of
emissions
excluded
under
paragraph
II.
A.
25(
ii)(
c)
of
this
Ruling
and
an
explanation
for
why
such
amount
was
excluded,

and
any
netting
calculations,
if
applicable.

2.
If
the
emissions
unit
is
an
existing
electric
utility
steam
generating
unit,
before
beginning
actual
construction,
the
owner
or
operator
shall
provide
a
copy
of
the
information
set
out
in
paragraph
IV.
H.
1
of
this
Ruling
to
the
reviewing
authority.
Nothing
in
this
paragraph
IV.
H.
2
shall
be
construed
to
require
the
owner
or
operator
of
such
a
unit
to
obtain
any
determination
from
the
reviewing
authority
before
beginning
actual
construction.

3.
The
owner
or
operator
shall
monitor
the
emissions
of
any
regulated
NSR
pollutant
that
could
increase
as
a
result
of
the
project
and
that
is
emitted
by
any
emissions
units
identified
in
paragraph
IV.
H.
1(
ii)
of
this
Ruling;
and
calculate
and
maintain
a
record
of
the
annual
emissions,
in
tons
per
year
on
a
calendar
year
basis,
for
a
period
of
5
years
following
resumption
of
regular
operations
after
the
change,
or
for
a
period
of
10
years
following
resumption
of
regular
operations
after
the
change
if
the
project
increases
the
design
capacity
or
potential
to
emit
of
that
regulated
NSR
pollutant
at
such
emissions
unit.

4.
If
the
unit
is
an
existing
electric
utility
steam
generating
unit,
the
owner
or
operator
shall
submit
a
report
118
to
the
reviewing
authority
within
60
days
after
the
end
of
each
year
during
which
records
must
be
generated
under
paragraph
IV.
H.
3
of
this
Ruling
setting
out
the
unit's
annual
emissions
during
the
year
that
preceded
submission
of
the
report.

5.
If
the
unit
is
an
existing
unit
other
than
an
electric
utility
steam
generating
unit,
the
owner
or
operator
shall
submit
a
report
to
the
reviewing
authority
if
the
annual
emissions,
in
tons
per
year,
from
the
project
identified
in
paragraph
IV.
H.
1
of
this
Ruling,
exceed
the
baseline
actual
emissions
(
as
documented
and
maintained
pursuant
to
paragraph
IV.
H.
1(
iii)
of
this
Ruling,
by
a
significant
amount
(
as
defined
in
paragraph
II.
A.
10
of
this
Ruling)
for
that
regulated
NSR
pollutant,
and
if
such
emissions
differ
from
the
preconstruction
projection
as
documented
and
maintained
pursuant
to
paragraph
IV.
H.
1(
iii)

of
this
Ruling.
Such
report
shall
be
submitted
to
the
reviewing
authority
within
60
days
after
the
end
of
such
year.
The
report
shall
contain
the
following:

(
i)
The
name,
address
and
telephone
number
of
the
major
stationary
source;

(
ii)
The
annual
emissions
as
calculated
pursuant
to
paragraph
IV.
H.
3
of
this
Ruling;
and
(
iii)
Any
other
information
that
the
owner
or
operator
wishes
to
include
in
the
report
(
e.
g.,
an
explanation
as
to
why
the
emissions
differ
from
the
preconstruction
119
projection).

6.
The
owner
or
operator
of
the
source
shall
make
the
information
required
to
be
documented
and
maintained
pursuant
to
this
paragraph
IV.
H
of
this
Ruling
available
for
review
upon
a
request
for
inspection
by
the
reviewing
authority
or
the
general
public
pursuant
to
the
requirements
contained
in
§
70.4(
b)(
3)(
viii)
of
this
chapter.

I.
Clean
Unit
Test
for
emissions
units
that
are
subject
to
LAER.
The
owner
or
operator
of
a
major
stationary
source
has
the
option
of
using
the
Clean
Unit
Test
to
determine
whether
emissions
increases
at
a
Clean
Unit
are
part
of
a
project
that
is
a
major
modification
according
to
the
provisions
in
paragraphs
IV.
I.
1
through
9
of
this
Ruling.

1.
Applicability.
The
provisions
of
this
paragraph
IV.
I
apply
to
any
emissions
unit
for
which
the
reviewing
authority
has
issued
a
major
NSR
permit
within
the
past
10
years.

2.
General
provisions
for
Clean
Units.
The
provisions
in
paragraphs
IV.
I.
2(
i)
through
(
v)
of
this
Ruling
apply
to
a
Clean
Unit.

(
i)
Any
project
for
which
the
owner
or
operator
begins
actual
construction
after
the
effective
date
of
the
Clean
Unit
designation
(
as
determined
in
accordance
with
paragraph
IV.
I.
4
of
this
Ruling)
and
before
the
expiration
date
(
as
determined
in
accordance
with
paragraph
IV.
I.
5
of
this
Ruling)
will
be
considered
to
have
occurred
while
the
120
emissions
unit
was
a
Clean
Unit.

(
ii)
If
a
project
at
a
Clean
Unit
does
not
cause
the
need
for
a
change
in
the
emission
limitations
or
work
practice
requirements
in
the
permit
for
the
unit
that
were
adopted
in
conjunction
with
LAER
and
the
project
would
not
alter
any
physical
or
operational
characteristics
that
formed
the
basis
for
the
LAER
determination
as
specified
in
paragraph
IV.
I.
6(
iv)
of
this
Ruling,
the
emissions
unit
remains
a
Clean
Unit.

(
iii)
If
a
project
causes
the
need
for
a
change
in
the
emission
limitations
or
work
practice
requirements
in
the
permit
for
the
unit
that
were
adopted
in
conjunction
with
LAER
or
the
project
would
alter
any
physical
or
operational
characteristics
that
formed
the
basis
for
the
LAER
determination
as
specified
in
paragraph
IV.
I.
6(
iv)
of
this
Ruling,
then
the
emissions
unit
loses
its
designation
as
a
Clean
Unit
upon
issuance
of
the
necessary
permit
revisions
(
unless
the
unit
requalifies
as
a
Clean
Unit
pursuant
to
paragraph
IV.
I.
3(
iii)
of
this
Ruling).
If
the
owner
or
operator
begins
actual
construction
on
the
project
without
first
applying
to
revise
the
emissions
unit's
permit,
the
Clean
Unit
designation
ends
immediately
prior
to
the
time
when
actual
construction
begins.

(
iv)
A
project
that
causes
an
emissions
unit
to
lose
its
designation
as
a
Clean
Unit
is
subject
to
the
applicability
requirements
of
paragraphs
IV.
G.
1(
i)
through
121
(
iv)
and
paragraph
IV.
G.
1(
vi)
of
this
Ruling
as
if
the
emissions
unit
is
not
a
Clean
Unit.

(
v)
Certain
Emissions
Units
with
PSD
permits.
For
emissions
units
that
meet
the
requirements
of
paragraphs
IV.
I.
2(
v)(
a)
and
(
b)
of
this
Ruling,
the
BACT
level
of
emissions
reductions
and/
or
work
practice
requirements
shall
satisfy
the
requirement
for
LAER
in
meeting
the
requirements
for
Clean
Units
under
paragraphs
IV.
I.
3
through
8
of
this
Ruling.
For
these
emissions
units,
all
requirements
for
the
LAER
determination
under
paragraphs
IV.
I.
2(
ii)
and
(
iii)
of
this
Ruling
shall
also
apply
to
the
BACT
permit
terms
and
conditions.
In
addition,
the
requirements
of
paragraph
IV.
I.
7(
i)(
b)
of
this
Ruling
do
not
apply
to
emissions
units
that
qualify
for
Clean
Unit
status
under
this
paragraph
IV.
I.
2(
v).

(
a)
The
emissions
unit
must
have
received
a
PSD
permit
within
the
last
10
years
and
such
permit
must
require
the
emissions
unit
to
comply
with
BACT.

(
b)
The
emissions
unit
must
be
located
in
an
area
that
was
redesignated
as
nonattainment
for
the
relevant
pollutant(
s)
after
issuance
of
the
PSD
permit
and
before
the
effective
date
of
the
Clean
Unit
Test
provisions
in
the
area.

3.
Qualifying
or
re­
qualifying
to
use
the
Clean
Unit
applicability
test.
An
emissions
unit
automatically
qualifies
as
a
Clean
Unit
when
the
unit
meets
the
criteria
in
paragraphs
IV.
I.
3(
i)
and
(
ii)
of
this
Ruling.
After
the
122
original
Clean
Unit
designation
expires
in
accordance
with
paragraph
IV.
I.
5
of
this
Ruling
or
is
lost
pursuant
to
paragraph
IV.
I.
2(
iii)
of
this
Ruling,
such
emissions
unit
may
re­
qualify
as
a
Clean
Unit
under
either
paragraph
IV.
I.
3(
iii)
of
this
Ruling,
or
under
the
Clean
Unit
provisions
in
paragraph
IV.
J
of
this
Ruling.
To
re­
qualify
as
a
Clean
Unit
under
paragraph
IV.
I.
3(
iii)
of
this
Ruling,

the
emissions
unit
must
obtain
a
new
major
NSR
permit
issued
through
the
applicable
nonattainment
major
NSR
program
and
meet
all
the
criteria
in
paragraph
IV.
I.
3(
iii)
of
this
Ruling.
Clean
Unit
designation
applies
individually
for
each
pollutant
emitted
by
the
emissions
unit.

(
i)
Permitting
requirement.
The
emissions
unit
must
have
received
a
major
NSR
permit
within
the
past
10
years.

The
owner
or
operator
must
maintain
and
be
able
to
provide
information
that
would
demonstrate
that
this
permitting
requirement
is
met.

(
ii)
Qualifying
air
pollution
control
technologies.

Air
pollutant
emissions
from
the
emissions
unit
must
be
reduced
through
the
use
of
an
air
pollution
control
technology
(
which
includes
pollution
prevention
as
defined
under
paragraph
II.
A.
23
of
this
Ruling
or
work
practices)

that
meets
both
the
following
requirements
in
paragraphs
IV.
I.
3(
ii)(
a)
and
(
b)
of
this
Ruling.

(
a)
The
control
technology
achieves
the
LAER
level
of
emissions
reductions
as
determined
through
issuance
of
a
123
major
NSR
permit
within
the
past
10
years.
However,
the
emissions
unit
is
not
eligible
for
Clean
Unit
designation
if
the
LAER
determination
resulted
in
no
requirement
to
reduce
emissions
below
the
level
of
a
standard,
uncontrolled,
new
emissions
unit
of
the
same
type.

(
b)
The
owner
or
operator
made
an
investment
to
install
the
control
technology.
For
the
purpose
of
this
determination,
an
investment
includes
expenses
to
research
the
application
of
a
pollution
prevention
technique
to
the
emissions
unit
or
expenses
to
apply
a
pollution
prevention
technique
to
an
emissions
unit.

(
iii)
Re­
qualifying
for
the
Clean
Unit
designation.

The
emissions
unit
must
obtain
a
new
major
NSR
permit
that
requires
compliance
with
the
current­
day
LAER,
and
the
emissions
unit
must
meet
the
requirements
in
paragraphs
IV.
I.
3(
i)
and
(
ii)
of
this
Ruling.

4.
Effective
date
of
the
Clean
Unit
designation.
The
effective
date
of
an
emissions
unit's
Clean
Unit
designation
(
that
is,
the
date
on
which
the
owner
or
operator
may
begin
to
use
the
Clean
Unit
Test
to
determine
whether
a
project
at
the
emissions
unit
is
a
major
modification)
is
determined
according
to
the
applicable
paragraph
IV.
I.
4(
i)
or
(
ii)
of
this
Ruling.

(
i)
Original
Clean
Unit
designation,
and
emissions
units
that
re­
qualify
as
Clean
Units
by
implementing
a
new
control
technology
to
meet
current­
day
LAER.
The
effective
date
is
the
date
the
emissions
unit's
air
pollution
control
124
technology
is
placed
into
service,
or
3
years
after
the
issuance
date
of
the
major
NSR
permit,
whichever
is
earlier,

but
no
sooner
than
the
date
that
this
Ruling
becomes
effective
for
the
State
in
which
the
unit
is
located.

(
ii)
Emissions
units
that
re­
qualify
for
the
Clean
Unit
designation
using
an
existing
control
technology.
The
effective
date
is
the
date
the
new,
major
NSR
permit
is
issued.

5.
Clean
Unit
expiration.
An
emissions
unit's
Clean
Unit
designation
expires
(
that
is,
the
date
on
which
the
owner
or
operator
may
no
longer
use
the
Clean
Unit
Test
to
determine
whether
a
project
affecting
the
emissions
unit
is,

or
is
part
of,
a
major
modification)
according
to
the
applicable
paragraph
IV.
I.
5(
i)
or
(
ii)
of
this
Ruling.

(
i)
Original
Clean
Unit
designation,
and
emissions
units
that
re­
qualify
by
implementing
new
control
technology
to
meet
current­
day
LAER.
For
any
emissions
unit
that
automatically
qualifies
as
a
Clean
Unit
under
paragraphs
IV.
I.
3(
i)
and
(
ii)
of
this
Ruling,
the
Clean
Unit
designation
expires
10
years
after
the
effective
date,
or
the
date
the
equipment
went
into
service,
whichever
is
earlier;
or,
it
expires
at
any
time
the
owner
or
operator
fails
to
comply
with
the
provisions
for
maintaining
Clean
Unit
designation
in
paragraph
IV.
I.
7
of
this
Ruling.

(
ii)
Emissions
units
that
re­
qualify
for
the
Clean
Unit
designation
using
an
existing
control
technology.
For
125
any
emissions
unit
that
re­
qualifies
as
a
Clean
Unit
under
paragraph
IV.
I.
3(
iii)
of
this
Ruling,
the
Clean
Unit
designation
expires
10
years
after
the
effective
date;
or,

it
expires
any
time
the
owner
or
operator
fails
to
comply
with
the
provisions
for
maintaining
the
Clean
Unit
Designation
in
paragraph
IV.
I.
7
of
this
Ruling.

6.
Required
title
V
permit
content
for
a
Clean
Unit.

After
the
effective
date
of
the
Clean
Unit
designation,
and
in
accordance
with
the
provisions
of
the
applicable
title
V
permit
program
under
part
70
or
part
71
of
this
chapter,
but
no
later
than
when
the
title
V
permit
is
renewed,
the
title
V
permit
for
the
major
stationary
source
must
include
the
following
terms
and
conditions
in
paragraphs
IV.
I.
6(
i)

through
(
vi)
of
this
Ruling
related
to
the
Clean
Unit.

(
i)
A
statement
indicating
that
the
emissions
unit
qualifies
as
a
Clean
Unit
and
identifying
the
pollutant(
s)

for
which
this
Clean
Unit
designation
applies.

(
ii)
The
effective
date
of
the
Clean
Unit
designation.

If
this
date
is
not
known
when
the
Clean
Unit
designation
is
initially
recorded
in
the
title
V
permit
(
e.
g.,
because
the
air
pollution
control
technology
is
not
yet
in
service),
the
permit
must
describe
the
event
that
will
determine
the
effective
date
(
e.
g.,
the
date
the
control
technology
is
placed
into
service).
Once
the
effective
date
is
determined,
the
owner
or
operator
must
notify
the
reviewing
authority
of
the
exact
date.
This
specific
effective
date
must
be
added
to
the
source's
title
V
permit
at
the
first
126
opportunity,
such
as
a
modification,
revision,
reopening,
or
renewal
of
the
title
V
permit
for
any
reason,
whichever
comes
first,
but
in
no
case
later
than
the
next
renewal.

(
iii)
The
expiration
date
of
the
Clean
Unit
designation.
If
this
date
is
not
known
when
the
Clean
Unit
designation
is
initially
recorded
into
the
title
V
permit
(
e.
g.,
because
the
air
pollution
control
technology
is
not
yet
in
service),
then
the
permit
must
describe
the
event
that
will
determine
the
expiration
date
(
e.
g.,
the
date
the
control
technology
is
placed
into
service).
Once
the
expiration
date
is
determined,
the
owner
or
operator
must
notify
the
reviewing
authority
of
the
exact
date.
The
expiration
date
must
be
added
to
the
source's
title
V
permit
at
the
first
opportunity,
such
as
a
modification,
revision,

reopening,
or
renewal
of
the
title
V
permit
for
any
reason,

whichever
comes
first,
but
in
no
case
later
than
the
next
renewal.

(
iv)
All
emission
limitations
and
work
practice
requirements
adopted
in
conjunction
with
the
LAER,
and
any
physical
or
operational
characteristics
that
formed
the
basis
for
the
LAER
determination
(
e.
g.,
possibly
the
emissions
unit's
capacity
or
throughput).

(
v)
Monitoring,
recordkeeping,
and
reporting
requirements
as
necessary
to
demonstrate
that
the
emissions
unit
continues
to
meet
the
criteria
for
maintaining
the
Clean
Unit
designation.
(
See
paragraph
IV.
I.
7
of
this
127
Ruling.)

(
vi)
Terms
reflecting
the
owner
or
operator's
duties
to
maintain
the
Clean
Unit
designation
and
the
consequences
of
failing
to
do
so,
as
presented
in
paragraph
IV.
I.
7
of
this
Ruling.

7.
Maintaining
the
Clean
Unit
designation.
To
maintain
the
Clean
Unit
designation,
the
owner
or
operator
must
conform
to
all
the
restrictions
listed
in
paragraphs
IV.
I.
7(
i)
through
(
iii)
of
this
Ruling.
This
paragraph
IV.
I.
7
applies
independently
to
each
pollutant
for
which
the
emissions
unit
has
the
Clean
Unit
designation.
That
is,

failing
to
conform
to
the
restrictions
for
one
pollutant
affects
Clean
Unit
designation
only
for
that
pollutant.

(
i)
The
Clean
Unit
must
comply
with
the
emission
limitation(
s)
and/
or
work
practice
requirements
adopted
in
conjunction
with
the
LAER
that
is
recorded
in
the
major
NSR
permit,
and
subsequently
reflected
in
the
title
V
permit.

(
a)
The
owner
or
operator
may
not
make
a
physical
change
in
or
change
in
the
method
of
operation
of
the
Clean
Unit
that
causes
the
emissions
unit
to
function
in
a
manner
that
is
inconsistent
with
the
physical
or
operational
characteristics
that
formed
the
basis
for
the
LAER
determination
(
e.
g.,
possibly
the
emissions
unit's
capacity
or
throughput).

(
b)
The
Clean
Unit
may
not
emit
above
a
level
that
has
been
offset.

(
ii)
The
Clean
Unit
must
comply
with
any
terms
and
128
conditions
in
the
title
V
permit
related
to
the
unit's
Clean
Unit
designation.

(
iii)
The
Clean
Unit
must
continue
to
control
emissions
using
the
specific
air
pollution
control
technology
that
was
the
basis
for
its
Clean
Unit
designation.
If
the
emissions
unit
or
control
technology
is
replaced,
then
the
Clean
Unit
designation
ends.

8.
Offsets
and
netting
at
Clean
Units.
Emissions
changes
that
occur
at
a
Clean
Unit
must
not
be
included
in
calculating
a
significant
net
emissions
increase
(
that
is,

must
not
be
used
in
a
"
netting
analysis"),
or
be
used
for
generating
offsets
unless
such
use
occurs
before
the
effective
date
of
the
Clean
Unit
designation,
or
after
the
Clean
Unit
designation
expires;
or,
unless
the
emissions
unit
reduces
emissions
below
the
level
that
qualified
the
unit
as
a
Clean
Unit.
However,
if
the
Clean
Unit
reduces
emissions
below
the
level
that
qualified
the
unit
as
a
Clean
Unit,
then,
the
owner
or
operator
may
generate
a
credit
for
the
difference
between
the
level
that
qualified
the
unit
as
a
Clean
Unit
and
the
new
emission
limitation
if
such
reductions
are
surplus,
quantifiable,
and
permanent.
For
purposes
of
generating
offsets,
the
reductions
must
also
be
federally
enforceable.
For
purposes
of
determining
creditable
net
emissions
increases
and
decreases,
the
reductions
must
also
be
enforceable
as
a
practical
matter.

9.
Effect
of
redesignation
on
the
Clean
Unit
129
designation.
The
Clean
Unit
designation
of
an
emissions
unit
is
not
affected
by
redesignation
of
the
attainment
status
of
the
area
in
which
it
is
located.
That
is,
if
a
Clean
Unit
is
located
in
an
attainment
area
and
the
area
is
redesignated
to
nonattainment,
its
Clean
Unit
designation
is
not
affected.
Similarly,
redesignation
from
nonattainment
to
attainment
does
not
affect
the
Clean
Unit
designation.

However,
if
an
existing
Clean
Unit
designation
expires,
it
must
re­
qualify
under
the
requirements
that
are
currently
applicable
in
the
area.

J.
Clean
Unit
provisions
for
emissions
units
that
achieve
an
emission
limitation
comparable
to
LAER.
The
owner
or
operator
of
a
major
stationary
source
has
the
option
of
using
the
Clean
Unit
Test
to
determine
whether
emissions
increases
at
a
Clean
Unit
are
part
of
a
project
that
is
a
major
modification
according
to
the
provisions
in
paragraphs
IV.
J.
1
through
11
of
this
Ruling.

1.
Applicability.
The
provisions
of
this
paragraph
IV.
J
apply
to
emissions
units
which
do
not
qualify
as
Clean
Units
under
paragraph
IV.
I
of
this
Ruling,
but
which
are
achieving
a
level
of
emissions
control
comparable
to
LAER,

as
determined
by
the
reviewing
authority
in
accordance
with
this
paragraph
IV.
J.

2.
General
provisions
for
Clean
Units.
The
provisions
in
paragraphs
IV.
J.
2(
i)
through
(
iv)
of
this
Ruling
apply
to
a
Clean
Unit
(
designated
under
this
paragraph
IV.
J).
130
(
i)
Any
project
for
which
the
owner
or
operator
begins
actual
construction
after
the
effective
date
of
the
Clean
Unit
designation
(
as
determined
in
accordance
with
paragraph
IV.
J.
5
of
this
Ruling)
and
before
the
expiration
date
(
as
determined
in
accordance
with
paragraph
IV.
J.
6
of
this
Ruling)
will
be
considered
to
have
occurred
while
the
emissions
unit
was
a
Clean
Unit.

(
ii)
If
a
project
at
a
Clean
Unit
does
not
cause
the
need
for
a
change
in
the
emission
limitations
or
work
practice
requirements
in
the
permit
for
the
unit
that
have
been
determined
(
pursuant
to
paragraph
IV.
J.
4
of
this
Ruling)
to
be
comparable
to
LAER,
and
the
project
would
not
alter
any
physical
or
operational
characteristics
that
formed
the
basis
for
determining
that
the
emissions
unit's
control
technology
achieves
a
level
of
emissions
control
comparable
to
LAER
as
specified
in
paragraph
IV.
J.
8(
iv)
of
this
Ruling,
the
emissions
unit
remains
a
Clean
Unit.

(
iii)
If
a
project
causes
the
need
for
a
change
in
the
emission
limitations
or
work
practice
requirements
in
the
permit
for
the
unit
that
have
been
determined
(
pursuant
to
paragraph
IV.
J.
4
of
this
Ruling)
to
be
comparable
to
LAER,

or
the
project
would
alter
any
physical
or
operational
characteristics
that
formed
the
basis
for
determining
that
the
emissions
unit's
control
technology
achieves
a
level
of
emissions
control
comparable
to
LAER
as
specified
in
paragraph
IV.
J.
8(
iv)
of
this
Ruling,
then
the
emissions
unit
131
loses
its
designation
as
a
Clean
Unit
upon
issuance
of
the
necessary
permit
revisions
(
unless
the
unit
re­
qualifies
as
a
Clean
Unit
pursuant
to
paragraph
IV.
J.
3(
iv)
of
this
Ruling).
If
the
owner
or
operator
begins
actual
construction
on
the
project
without
first
applying
to
revise
the
emissions
unit's
permit,
the
Clean
Unit
designation
ends
immediately
prior
to
the
time
when
actual
construction
begins.

(
iv)
A
project
that
causes
an
emissions
unit
to
lose
its
designation
as
a
Clean
Unit
is
subject
to
the
applicability
requirements
of
paragraphs
IV.
G.
1(
i)
through
(
iv)
and
paragraph
IV.
G.
1(
vi)
of
this
Ruling
as
if
the
emissions
unit
were
never
a
Clean
Unit.

3.
Qualifying
or
re­
qualifying
to
use
the
Clean
Unit
applicability
test.
An
emissions
unit
qualifies
as
a
Clean
Unit
when
the
unit
meets
the
criteria
in
paragraphs
IV.
J.
3(
i)
through
(
iii)
of
this
Ruling.
After
the
original
Clean
Unit
designation
expires
in
accordance
with
paragraph
IV.
J.
6
of
this
Ruling
or
is
lost
pursuant
to
paragraph
IV.
J.
2(
iii)
of
this
Ruling,
such
emissions
unit
may
requalify
as
a
Clean
Unit
under
either
paragraph
IV.
J.
3(
iv)
of
this
Ruling,
or
under
the
Clean
Unit
provisions
in
paragraph
IV.
I
of
this
Ruling.
To
re­
qualify
as
a
Clean
Unit
under
paragraph
IV.
J.
3(
iv)
of
this
Ruling,
the
emissions
unit
must
obtain
a
new
permit
issued
pursuant
to
the
requirements
in
paragraphs
IV.
J.
7
and
8
of
this
Ruling
and
meet
all
the
132
criteria
in
paragraph
IV.
J.
3(
iv)
of
this
Ruling.
The
reviewing
authority
will
make
a
separate
Clean
Unit
designation
for
each
pollutant
emitted
by
the
emissions
unit
for
which
the
emissions
unit
qualifies
as
a
Clean
Unit.

(
i)
Qualifying
air
pollution
control
technologies.

Air
pollutant
emissions
from
the
emissions
unit
must
be
reduced
through
the
use
of
air
pollution
control
technology
(
which
includes
pollution
prevention
as
defined
under
paragraph
II.
A.
23
of
this
Ruling
or
work
practices)
that
meets
both
the
following
requirements
in
paragraphs
IV.
J.
3(
i)(
a)
and
(
b)
of
this
Ruling.

(
a)
The
owner
or
operator
has
demonstrated
that
the
emissions
unit's
control
technology
is
comparable
to
LAER
according
to
the
requirements
of
paragraph
IV.
J.
4
of
this
Ruling.
However,
the
emissions
unit
is
not
eligible
for
the
Clean
Unit
designation
if
its
emissions
are
not
reduced
below
the
level
of
a
standard,
uncontrolled
emissions
unit
of
the
same
type
(
e.
g.,
if
the
LAER
determinations
to
which
it
is
compared
have
resulted
in
a
determination
that
no
control
measures
are
required).

(
b)
The
owner
or
operator
made
an
investment
to
install
the
control
technology.
For
the
purpose
of
this
determination,
an
investment
includes
expenses
to
research
the
application
of
a
pollution
prevention
technique
to
the
emissions
unit
or
to
retool
the
unit
to
apply
a
pollution
prevention
technique.
133
(
ii)
Impact
of
emissions
from
the
unit.
The
reviewing
authority
must
determine
that
the
allowable
emissions
from
the
emissions
unit
will
not
cause
or
contribute
to
a
violation
of
any
national
ambient
air
quality
standard
or
PSD
increment,
or
adversely
impact
an
air
quality
related
value
(
such
as
visibility)
that
has
been
identified
for
a
Federal
Class
I
area
by
a
Federal
Land
Manager
and
for
which
information
is
available
to
the
general
public.

(
iii)
Date
of
installation.
An
emissions
unit
may
qualify
as
a
Clean
Unit
even
if
the
control
technology,
on
which
the
Clean
Unit
designation
is
based,
was
installed
before
the
effective
date
of
the
requirements
of
this
paragraph
IV.
J.
3.
in
the
area
where
the
unit
is
located
but
no
sooner
than
June
15,
2004.
However,
for
such
emissions
units,
the
owner
or
operator
must
apply
for
the
Clean
Unit
designation
by
June
15,
2006.
For
technologies
installed
after
June
15,
2004,
the
owner
or
operator
must
apply
for
the
Clean
Unit
designation
at
the
time
the
control
technology
is
installed.

(
iv)
Re­
qualifying
as
a
Clean
Unit.
The
emissions
unit
must
obtain
a
new
permit
(
pursuant
to
requirements
in
paragraphs
IV.
J.
7
and
8
of
this
Ruling)
that
demonstrates
that
the
emissions
unit's
control
technology
is
achieving
a
level
of
emission
control
comparable
to
current­
day
LAER,

and
the
emissions
unit
must
meet
the
requirements
in
paragraphs
IV.
J.
3(
i)(
a)
and
IV.
J.
3(
ii)
of
this
Ruling.
134
4.
Demonstrating
control
effectiveness
comparable
to
LAER.
The
owner
or
operator
may
demonstrate
that
the
emissions
unit's
control
technology
is
comparable
to
LAER
for
purposes
of
paragraph
IV.
J.
3(
i)
of
this
Ruling
according
to
either
paragraph
IV.
J.
4(
i)
or
(
ii)
of
this
Ruling.

Paragraph
IV.
J.
4(
iii)
of
this
Ruling
specifies
the
time
for
making
this
comparison.

(
i)
Comparison
to
previous
LAER
determinations.
The
Administrator
maintains
an
on­
line
data
base
of
previous
determinations
of
RACT,
BACT,
and
LAER
in
the
RACT/
BACT/
LAER
Clearinghouse
(
RBLC).
The
emissions
unit's
control
technology
is
presumed
to
be
comparable
to
LAER
if
it
achieves
an
emission
limitation
that
is
at
least
as
stringent
as
any
one
of
the
five
best­
performing
similar
sources
for
which
a
LAER
determination
has
been
made
within
the
preceding
5
years,
and
for
which
information
has
been
entered
into
the
RBLC.
The
reviewing
authority
shall
also
compare
this
presumption
to
any
additional
LAER
determinations
of
which
it
is
aware,
and
shall
consider
any
information
on
achieved­
in­
practice
pollution
control
technologies
provided
during
the
public
comment
period,
to
determine
whether
any
presumptive
determination
that
the
control
technology
is
comparable
to
LAER
is
correct.

(
ii)
The
substantially­
as­
effective
test.
The
owner
or
operator
may
demonstrate
that
the
emissions
unit's
control
technology
is
substantially
as
effective
as
LAER.
135
In
addition,
any
other
person
may
present
evidence
related
to
whether
the
control
technology
is
substantially
as
effective
as
LAER
during
the
public
participation
process
required
under
paragraph
IV.
J.
7
of
this
Ruling.
The
reviewing
authority
shall
consider
such
evidence
on
a
caseby
case
basis
and
determine
whether
the
emissions
unit's
air
pollution
control
technology
is
substantially
as
effective
as
LAER.

(
iii)
Time
of
comparison.

(
a)
Emissions
units
with
control
technologies
that
are
installed
before
effective
date
of
requirements
in
this
paragraph.
The
owner
or
operator
of
an
emissions
unit
whose
control
technology
is
installed
before
the
effective
date
of
the
requirements
of
this
paragraph
K.
4.(
iii)(
a)
in
the
area
where
the
unit
is
located,
but
no
later
than
June
15,
2004
may,
at
its
option,
either
demonstrate
that
the
emission
limitation
achieved
by
the
emissions
unit's
control
technology
is
comparable
to
the
LAER
requirements
that
applied
at
the
time
the
control
technology
was
installed,
or
demonstrate
that
the
emission
limitation
achieved
by
the
emissions
unit's
control
technology
is
comparable
to
current­
day
LAER
requirements.
The
expiration
date
of
the
Clean
Unit
designation
will
depend
on
which
option
the
owner
or
operator
uses,
as
specified
in
paragraph
IV.
J.
6
of
this
Ruling.

(
b)
Emissions
units
with
control
technologies
that
are
136
installed
after
June
15,
2004.
The
owner
or
operator
must
demonstrate
that
the
emission
limitation
achieved
by
the
emissions
unit's
control
technology
is
comparable
to
current­
day
LAER
requirements.

5.
Effective
date
of
the
Clean
Unit
designation.
The
effective
date
of
an
emissions
unit's
Clean
Unit
designation
(
that
is,
the
date
on
which
the
owner
or
operator
may
begin
to
use
the
Clean
Unit
Test
to
determine
whether
a
project
involving
the
emissions
unit
is
a
major
modification)
is
the
date
that
the
permit
required
by
paragraph
IV.
J.
7
of
this
Ruling
is
issued
or
the
date
that
the
emissions
unit's
air
pollution
control
technology
is
placed
into
service,

whichever
is
later.

6.
Clean
Unit
expiration.
If
the
owner
or
operator
demonstrates
that
the
emission
limitation
achieved
by
the
emissions
unit's
control
technology
is
comparable
to
the
LAER
requirements
that
applied
at
the
time
the
control
technology
was
installed,
then
the
Clean
Unit
designation
expires
10
years
from
the
date
that
the
control
technology
was
installed.
For
all
other
emissions
units,
the
Clean
Unit
designation
expires
10
years
from
the
effective
date
of
the
Clean
Unit
designation,
as
determined
according
to
paragraph
IV.
J.
5
of
this
Ruling.
In
addition,
for
all
emissions
units,
the
Clean
Unit
designation
expires
any
time
the
owner
or
operator
fails
to
comply
with
the
provisions
for
maintaining
the
Clean
Unit
designation
in
paragraph
137
IV.
J.
9
of
this
Ruling.

7.
Procedures
for
designating
emissions
units
as
Clean
Units.
The
reviewing
authority
shall
designate
an
emissions
unit
a
Clean
Unit
only
by
issuing
a
permit
through
a
permitting
program
that
has
been
approved
by
the
Administrator
and
that
conforms
with
the
requirements
of
§
§
51.160
through
51.164
of
this
chapter
including
requirements
for
public
notice
of
the
proposed
Clean
Unit
designation
and
opportunity
for
public
comment.
Such
permit
must
also
meet
the
requirements
in
paragraph
IV.
J.
8.

8.
Required
permit
content.
The
permit
required
by
paragraph
IV.
J.
7
of
this
Ruling
shall
include
the
terms
and
conditions
set
forth
in
paragraphs
IV.
J.
8(
i)
through
(
vi)
of
this
Ruling.
Such
terms
and
conditions
shall
be
incorporated
into
the
major
stationary
source's
title
V
permit
in
accordance
with
the
provisions
of
the
applicable
title
V
permit
program
under
part
70
or
part
71
of
this
chapter,
but
no
later
than
when
the
title
V
permit
is
renewed.

(
i)
A
statement
indicating
that
the
emissions
unit
qualifies
as
a
Clean
Unit
and
identifying
the
pollutant(
s)

for
which
this
designation
applies.

(
ii)
The
effective
date
of
the
Clean
Unit
designation.

If
this
date
is
not
known
when
the
reviewing
authority
issues
the
permit
(
e.
g.,
because
the
air
pollution
control
technology
is
not
yet
in
service),
then
the
permit
must
138
describe
the
event
that
will
determine
the
effective
date
(
e.
g.,
the
date
the
control
technology
is
placed
into
service).
Once
the
effective
date
is
known,
then
the
owner
or
operator
must
notify
the
reviewing
authority
of
the
exact
date.
This
specific
effective
date
must
be
added
to
the
source's
title
V
permit
at
the
first
opportunity,
such
as
a
modification,
revision,
reopening,
or
renewal
of
the
title
V
permit
for
any
reason,
whichever
comes
first,
but
in
no
case
later
than
the
next
renewal.

(
iii)
The
expiration
date
of
the
Clean
Unit
designation.
If
this
date
is
not
known
when
the
reviewing
authority
issues
the
permit
(
e.
g.,
because
the
air
pollution
control
technology
is
not
yet
in
service),
then
the
permit
must
describe
the
event
that
will
determine
the
expiration
date
(
e.
g.,
the
date
the
control
technology
is
placed
into
service).
Once
the
expiration
date
is
known,
then
the
owner
or
operator
must
notify
the
reviewing
authority
of
the
exact
date.
The
expiration
date
must
be
added
to
the
source's
title
V
permit
at
the
first
opportunity,
such
as
a
modification,
revision,
reopening,
or
renewal
of
the
title
V
permit
for
any
reason,
whichever
comes
first,
but
in
no
case
later
than
the
next
renewal.

(
iv)
All
emission
limitations
and
work
practice
requirements
adopted
in
conjunction
with
emission
limitations
necessary
to
assure
that
the
control
technology
continues
to
achieve
an
emission
limitation
comparable
to
139
LAER,
and
any
physical
or
operational
characteristics
that
formed
the
basis
for
determining
that
the
emissions
unit's
control
technology
achieves
a
level
of
emissions
control
comparable
to
LAER
(
e.
g.,
possibly
the
emissions
unit's
capacity
or
throughput).

(
v)
Monitoring,
recordkeeping,
and
reporting
requirements
as
necessary
to
demonstrate
that
the
emissions
unit
continues
to
meet
the
criteria
for
maintaining
its
Clean
Unit
designation.
(
See
paragraph
IV.
J.
9
of
this
Ruling.)

(
vi)
Terms
reflecting
the
owner
or
operator's
duties
to
maintain
the
Clean
Unit
designation
and
the
consequences
of
failing
to
do
so,
as
presented
in
paragraph
IV.
J.
9
of
this
Ruling.

9.
Maintaining
Clean
Unit
designation.
To
maintain
Clean
Unit
designation,
the
owner
or
operator
must
conform
to
all
the
restrictions
listed
in
paragraphs
IV.
J.
9(
i)

through
(
v)
of
this
Ruling.
This
paragraph
IV.
J.
9
applies
independently
to
each
pollutant
for
which
the
reviewing
authority
has
designated
the
emissions
unit
a
Clean
Unit.

That
is,
failing
to
conform
to
the
restrictions
for
one
pollutant
affects
the
Clean
Unit
designation
only
for
that
pollutant.

(
i)
The
Clean
Unit
must
comply
with
the
emission
limitation(
s)
and/
or
work
practice
requirements
adopted
to
ensure
that
the
control
technology
continues
to
achieve
140
emission
control
comparable
to
LAER.

(
ii)
The
owner
or
operator
may
not
make
a
physical
change
in
or
change
in
the
method
of
operation
of
the
Clean
Unit
that
causes
the
emissions
unit
to
function
in
a
manner
that
is
inconsistent
with
the
physical
or
operational
characteristics
that
formed
the
basis
for
the
determination
that
the
control
technology
is
achieving
a
level
of
emission
control
that
is
comparable
to
LAER
(
e.
g.,
possibly
the
emissions
unit's
capacity
or
throughput).

(
iii)
The
Clean
Unit
may
not
emit
above
a
level
that
has
been
offset.

(
iv)
The
Clean
Unit
must
comply
with
any
terms
and
conditions
in
the
title
V
permit
related
to
the
unit's
Clean
Unit
designation.

(
v)
The
Clean
Unit
must
continue
to
control
emissions
using
the
specific
air
pollution
control
technology
that
was
the
basis
for
its
Clean
Unit
designation.
If
the
emissions
unit
or
control
technology
is
replaced,
then
the
Clean
Unit
designation
ends.

10.
Offsets
and
Netting
at
Clean
Units.
Emissions
changes
that
occur
at
a
Clean
Unit
must
not
be
included
in
calculating
a
significant
net
emissions
increase
(
that
is,

must
not
be
used
in
a
"
netting
analysis"),
or
be
used
for
generating
offsets
unless
such
use
occurs
before
June15,

2004
or
after
the
Clean
Unit
designation
expires;
or,
unless
the
emissions
unit
reduces
emissions
below
the
level
that
141
qualified
the
unit
as
a
Clean
Unit.
However,
if
the
Clean
Unit
reduces
emissions
below
the
level
that
qualified
the
unit
as
a
Clean
Unit,
then
the
owner
or
operator
may
generate
a
credit
for
the
difference
between
the
level
that
qualified
the
unit
as
a
Clean
Unit
and
the
emissions
unit's
new
emission
limitation
if
such
reductions
are
surplus,

quantifiable,
and
permanent.
For
purposes
of
generating
offsets,
the
reductions
must
also
be
federally
enforceable.

For
purposes
of
determining
creditable
net
emissions
increases
and
decreases,
the
reductions
must
also
be
enforceable
as
a
practical
matter.

11.
Effect
of
redesignation
on
the
Clean
Unit
designation.
The
Clean
Unit
designation
of
an
emissions
unit
is
not
affected
by
redesignation
of
the
attainment
status
of
the
area
in
which
it
is
located.
That
is,
if
a
Clean
Unit
is
located
in
an
attainment
area
and
the
area
is
redesignated
to
nonattainment,
its
Clean
Unit
designation
is
not
affected.
Similarly,
redesignation
from
nonattainment
to
attainment
does
not
affect
the
Clean
Unit
designation.

However,
if
a
Clean
Unit's
designation
expires
or
is
lost
pursuant
to
paragraphs
IV.
I.
2(
iii)
and
IV.
J.
2(
iii)
of
this
Ruling,
it
must
re­
qualify
under
the
requirements
that
are
currently
applicable.

K.
PCP
exclusion
procedural
requirements.
PCPs
shall
be
provided
according
to
the
provisions
of
paragraphs
IV.
K.
1
through
6
of
this
Ruling.
142
1.
Before
an
owner
or
operator
begins
actual
construction
of
a
PCP,
the
owner
or
operator
must
either
submit
a
notice
to
the
reviewing
authority
if
the
project
is
listed
in
paragraphs
II.
A.
22(
i)
through
(
vi)
of
this
Ruling,

or
if
the
project
is
not
listed
in
paragraphs
II.
A.
22(
i)

through
(
vi)
of
this
Ruling,
then
the
owner
or
operator
must
submit
a
permit
application
and
obtain
approval
to
use
the
PCP
exclusion
from
the
reviewing
authority
consistent
with
the
requirements
in
paragraph
IV.
K.
5
of
this
Ruling.

Regardless
of
whether
the
owner
or
operator
submits
a
notice
or
a
permit
application,
the
project
must
meet
the
requirements
in
paragraph
IV.
K.
2
of
this
Ruling,
and
the
notice
or
permit
application
must
contain
the
information
required
in
paragraph
IV.
K.
3
of
this
Ruling.

2.
Any
project
that
relies
on
the
PCP
exclusion
must
meet
the
requirements
in
paragraphs
IV.
K.
2(
i)
and
(
ii)
of
this
Ruling.

(
i)
Environmentally
beneficial
analysis.
The
environmental
benefit
from
the
emission
reductions
of
pollutants
regulated
under
the
Act
must
outweigh
the
environmental
detriment
of
emissions
increases
in
pollutants
regulated
under
the
Act.
A
statement
that
a
technology
from
paragraphs
II.
A.
22(
i)
through
(
vi)
of
this
Ruling
is
being
used
shall
be
presumed
to
satisfy
this
requirement.

(
ii)
Air
quality
analysis.
The
emissions
increases
from
the
project
will
not
cause
or
contribute
to
a
violation
143
of
any
national
ambient
air
quality
standard
or
PSD
increment,
or
adversely
impact
an
air
quality
related
value
(
such
as
visibility)
that
has
been
identified
for
a
Federal
Class
I
area
by
a
Federal
Land
Manager
and
for
which
information
is
available
to
the
general
public.

3.
Content
of
notice
or
permit
application.
In
the
notice
or
permit
application
sent
to
the
reviewing
authority,
the
owner
or
operator
must
include,
at
a
minimum,

the
information
listed
in
paragraphs
IV.
K.
3(
i)
through
(
v)

of
this
Ruling.

(
i)
A
description
of
the
project.

(
ii)
The
potential
emissions
increases
and
decreases
of
any
pollutant
regulated
under
the
Act
and
the
projected
emissions
increases
and
decreases
using
the
methodology
in
paragraph
IV.
G
of
this
Ruling,
that
will
result
from
the
project,
and
a
copy
of
the
environmentally
beneficial
analysis
required
by
paragraph
IV.
K.
2(
i)
of
this
Ruling.

(
iii)
A
description
of
monitoring
and
recordkeeping,

and
all
other
methods,
to
be
used
on
an
ongoing
basis
to
demonstrate
that
the
project
is
environmentally
beneficial.

Methods
should
be
sufficient
to
meet
the
requirements
in
part
70
and
part
71.

(
iv)
A
certification
that
the
project
will
be
designed
and
operated
in
a
manner
that
is
consistent
with
proper
industry
and
engineering
practices,
in
a
manner
that
is
consistent
with
the
environmentally
beneficial
analysis
and
144
air
quality
analysis
required
by
paragraphs
IV.
K.
2(
i)
and
(
ii)
of
this
Ruling,
with
information
submitted
in
the
notice
or
permit
application,
and
in
such
a
way
as
to
minimize,
within
the
physical
configuration
and
operational
standards
usually
associated
with
the
emissions
control
device
or
strategy,
emissions
of
collateral
pollutants.

(
v)
Demonstration
that
the
PCP
will
not
have
an
adverse
air
quality
impact
(
e.
g.,
modeling,
screening
level
modeling
results,
or
a
statement
that
the
collateral
emissions
increase
is
included
within
the
parameters
used
in
the
most
recent
modeling
exercise)
as
required
by
paragraph
IV.
K.
2(
ii)
of
this
Ruling.
An
air
quality
impact
analysis
is
not
required
for
any
pollutant
which
will
not
experience
a
significant
emissions
increase
as
a
result
of
the
project.

4.
Notice
process
for
listed
projects.
For
projects
listed
in
paragraphs
II.
A.
22(
i)
through
(
vi)
of
this
Ruling,

the
owner
or
operator
may
begin
actual
construction
of
the
project
immediately
after
notice
is
sent
to
the
reviewing
authority
(
unless
otherwise
prohibited
under
requirements
of
the
applicable
plan).
The
owner
or
operator
shall
respond
to
any
requests
by
its
reviewing
authority
for
additional
information
that
the
reviewing
authority
determines
is
necessary
to
evaluate
the
suitability
of
the
project
for
the
PCP
exclusion.

5.
Permit
process
for
unlisted
projects.
Before
an
owner
or
operator
may
begin
actual
construction
of
a
PCP
145
project
that
is
not
listed
in
paragraphs
II.
A.
22(
i)
through
(
vi)
of
this
Ruling,
the
project
must
be
approved
by
the
reviewing
authority
and
recorded
in
a
permit
issued
pursuant
to
this
Ruling,
a
plan­
approved
permit,
or
title
V
permit
using
procedures
that
are
consistent
with
§
§
51.160
and
51.161
of
this
chapter.
This
includes
the
requirement
that
the
reviewing
authority
provide
the
public
with
notice
of
the
proposed
approval,
with
access
to
the
environmentally
beneficial
analysis
and
the
air
quality
analysis,
and
provide
at
least
a
30­
day
period
for
the
public
and
the
Administrator
to
submit
comments.
The
reviewing
authority
must
address
all
material
comments
received
by
the
end
of
the
comment
period
before
taking
final
action
on
the
permit.

6.
Operational
requirements.
Upon
installation
of
the
PCP,
the
owner
or
operator
must
comply
with
the
requirements
of
paragraphs
IV.
K.
6(
i)
through
(
iii)
of
this
Ruling.

(
i)
General
duty.
The
owner
or
operator
must
operate
the
PCP
in
a
manner
consistent
with
proper
industry
and
engineering
practices,
in
a
manner
that
is
consistent
with
the
environmentally
beneficial
analysis
and
air
quality
analysis
required
by
paragraphs
IV.
K.
2(
i)
and
(
ii)
of
this
Ruling,
with
information
submitted
in
the
notice
or
permit
application
required
by
paragraph
IV.
K.
3
of
this
Ruling,
and
in
such
a
way
as
to
minimize,
within
the
physical
configuration
and
operational
standards
usually
associated
with
the
emissions
control
device
or
strategy,
emissions
of
146
collateral
pollutants.

(
ii)
Recordkeeping.
The
owner
or
operator
must
maintain
copies
on
site
of
the
environmentally
beneficial
analysis,
the
air
quality
impacts
analysis,
and
monitoring
and
other
emission
records
to
prove
that
the
PCP
operated
consistent
with
the
general
duty
requirements
in
paragraph
IV.
K.
6(
i)
of
this
Ruling.

(
iii)
Permit
requirements.
The
owner
or
operator
must
comply
with
any
provisions
in
the
permit
issued
pursuant
to
this
Ruling,
plan­
approved
permit,
or
title
V
permit
related
to
use
and
approval
of
the
PCP
exclusion.

(
iv)
Generation
of
emission
reduction
credits.

Emission
reductions
created
by
a
PCP
shall
not
be
included
in
calculating
a
significant
net
emissions
increase,
or
be
used
for
generating
offsets,
unless
the
emissions
unit
further
reduces
emissions
after
qualifying
for
the
PCP
exclusion
(
e.
g.,
taking
an
operational
restriction
on
the
hours
of
operation).
The
owner
or
operator
may
generate
a
credit
for
the
difference
between
the
level
of
reduction
which
was
used
to
qualify
for
the
PCP
exclusion
and
the
new
emission
limitation
if
such
reductions
are
surplus,

quantifiable,
and
permanent.
For
purposes
of
generating
offsets,
the
reductions
must
also
be
federally
enforceable.

For
purposes
of
determining
creditable
net
emissions
increases
and
decreases,
the
reductions
must
also
be
enforceable
as
a
practical
matter.
147
L.
Actuals
PALs.
The
provisions
in
paragraphs
IV.
L.
1
through
15
of
this
Ruling
govern
actuals
PALs.

1.
Applicability.

(
i)
The
reviewing
authority
may
approve
the
use
of
an
actuals
PAL
for
any
existing
major
stationary
source
(
except
as
provided
in
paragraph
IV.
L.
1(
ii)
of
this
Ruling)
if
the
PAL
meets
the
requirements
in
paragraphs
IV.
L.
1
through
15
of
this
Ruling.
The
term
"
PAL"
shall
mean
"
actuals
PAL"

throughout
paragraph
IV.
L
of
this
Ruling.

(
ii)
The
reviewing
authority
shall
not
allow
an
actuals
PAL
for
VOC
or
NOX
for
any
major
stationary
source
located
in
an
extreme
ozone
nonattainment
area.

(
iii)
Any
physical
change
in
or
change
in
the
method
of
operation
of
a
major
stationary
source
that
maintains
its
total
source­
wide
emissions
below
the
PAL
level,
meets
the
requirements
in
paragraphs
IV.
L.
1
through
15
of
this
Ruling,

and
complies
with
the
PAL
permit:

(
a)
Is
not
a
major
modification
for
the
PAL
pollutant;

(
b)
Does
not
have
to
be
approved
through
a
nonattainment
major
NSR
program;
and
(
c)
Is
not
subject
to
the
provisions
in
paragraph
IV.
F
of
this
Ruling
(
restrictions
on
relaxing
enforceable
emission
limitations
that
the
major
stationary
source
used
to
avoid
applicability
of
a
nonattainment
major
NSR
program).

(
iv)
Except
as
provided
under
paragraph
IV.
L.
1(
iii)(
c)
148
of
this
Ruling,
a
major
stationary
source
shall
continue
to
comply
with
all
applicable
Federal
or
State
requirements,

emission
limitations,
and
work
practice
requirements
that
were
established
prior
to
the
effective
date
of
the
PAL.

2.
Definitions.
For
the
purposes
of
this
paragraph
IV.
L,
the
definitions
in
paragraphs
IV.
L.
2(
i)
through
(
xi)

of
this
Ruling
apply.
When
a
term
is
not
defined
in
these
paragraphs,
it
shall
have
the
meaning
given
in
paragraph
II.
A
of
this
Ruling
or
in
the
Act.

(
i)
Actuals
PAL
for
a
major
stationary
source
means
a
PAL
based
on
the
baseline
actual
emissions
(
as
defined
in
paragraph
II.
A.
32
of
this
Ruling)
of
all
emissions
units
(
as
defined
in
paragraph
II.
A.
7
of
this
Ruling)
at
the
source,

that
emit
or
have
the
potential
to
emit
the
PAL
pollutant.

(
ii)
Allowable
emissions
means
"
allowable
emissions"

as
defined
in
paragraph
II.
A.
11
of
this
Ruling,
except
as
this
definition
is
modified
according
to
paragraphs
IV.
L.
2(
ii)(
a)
through
(
b)
of
this
Ruling.

(
a)
The
allowable
emissions
for
any
emissions
unit
shall
be
calculated
considering
any
emission
limitations
that
are
enforceable
as
a
practical
matter
on
the
emissions
unit's
potential
to
emit.

(
b)
An
emissions
unit's
potential
to
emit
shall
be
determined
using
the
definition
in
paragraph
II.
A.
3
of
this
Ruling,
except
that
the
words
"
or
enforceable
as
a
practical
matter"
should
be
added
after
"
federally
enforceable."
149
(
iii)
Small
emissions
unit
means
an
emissions
unit
that
emits
or
has
the
potential
to
emit
the
PAL
pollutant
in
an
amount
less
than
the
significant
level
for
that
PAL
pollutant,
as
defined
in
paragraph
II.
A.
10
of
this
Ruling
or
in
the
Act,
whichever
is
lower.

(
iv)
Major
emissions
unit
means:

(
a)
Any
emissions
unit
that
emits
or
has
the
potential
to
emit
100
tons
per
year
or
more
of
the
PAL
pollutant
in
an
attainment
area;
or
(
b)
Any
emissions
unit
that
emits
or
has
the
potential
to
emit
the
PAL
pollutant
in
an
amount
that
is
equal
to
or
greater
than
the
major
source
threshold
for
the
PAL
pollutant
as
defined
by
the
Act
for
nonattainment
areas.

For
example,
in
accordance
with
the
definition
of
major
stationary
source
in
section
182(
c)
of
the
Act,
an
emissions
unit
would
be
a
major
emissions
unit
for
VOC
if
the
emissions
unit
is
located
in
a
serious
ozone
nonattainment
area
and
it
emits
or
has
the
potential
to
emit
50
or
more
tons
of
VOC
per
year.

(
v)
Plantwide
applicability
limitation
(
PAL)
means
an
emission
limitation
expressed
in
tons
per
year,
for
a
pollutant
at
a
major
stationary
source,
that
is
enforceable
as
a
practical
matter
and
established
source­
wide
in
accordance
with
paragraphs
IV.
L.
1
through
15
of
this
Ruling.

(
vi)
PAL
effective
date
generally
means
the
date
of
issuance
of
the
PAL
permit.
However,
the
PAL
effective
date
150
for
an
increased
PAL
is
the
date
any
emissions
unit
which
is
part
of
the
PAL
major
modification
becomes
operational
and
begins
to
emit
the
PAL
pollutant.

(
vii)
PAL
effective
period
means
the
period
beginning
with
the
PAL
effective
date
and
ending
10
years
later.

(
viii)
PAL
major
modification
means,
notwithstanding
paragraphs
II.
A.
5
and
6
of
this
Ruling
(
the
definitions
for
major
modification
and
net
emissions
increase),
any
physical
change
in
or
change
in
the
method
of
operation
of
the
PAL
source
that
causes
it
to
emit
the
PAL
pollutant
at
a
level
equal
to
or
greater
than
the
PAL.

(
ix)
PAL
permit
means
the
permit
issued
under
this
Ruling,
the
major
NSR
permit,
the
minor
NSR
permit,
or
the
State
operating
permit
under
a
program
that
is
approved
into
the
plan,
or
the
title
V
permit
issued
by
the
reviewing
authority
that
establishes
a
PAL
for
a
major
stationary
source.

(
x)
PAL
pollutant
means
the
pollutant
for
which
a
PAL
is
established
at
a
major
stationary
source.

(
xi)
Significant
emissions
unit
means
an
emissions
unit
that
emits
or
has
the
potential
to
emit
a
PAL
pollutant
in
an
amount
that
is
equal
to
or
greater
than
the
significant
level
(
as
defined
in
paragraph
II.
A.
10
of
this
Ruling
or
in
the
Act,
whichever
is
lower)
for
that
PAL
pollutant,
but
less
than
the
amount
that
would
qualify
the
unit
as
a
major
emissions
unit
as
defined
in
paragraph
151
IV.
L.
2(
iv)
of
this
Ruling.

3.
Permit
application
requirements.
As
part
of
a
permit
application
requesting
a
PAL,
the
owner
or
operator
of
a
major
stationary
source
shall
submit
the
following
information
to
the
reviewing
authority
for
approval:

(
i)
A
list
of
all
emissions
units
at
the
source
designated
as
small,
significant
or
major
based
on
their
potential
to
emit.
In
addition,
the
owner
or
operator
of
the
source
shall
indicate
which,
if
any,
Federal
or
State
applicable
requirements,
emission
limitations
or
work
practices
apply
to
each
unit.

(
ii)
Calculations
of
the
baseline
actual
emissions
(
with
supporting
documentation).
Baseline
actual
emissions
are
to
include
emissions
associated
not
only
with
operation
of
the
unit,
but
also
emissions
associated
with
startup,

shutdown
and
malfunction.

(
iii)
The
calculation
procedures
that
the
major
stationary
source
owner
or
operator
proposes
to
use
to
convert
the
monitoring
system
data
to
monthly
emissions
and
annual
emissions
based
on
a
12­
month
rolling
total
for
each
month
as
required
by
paragraph
IV.
L.
13(
i)
of
this
Ruling.

4.
General
requirements
for
establishing
PALs.

(
i)
The
reviewing
authority
is
allowed
to
establish
a
PAL
at
a
major
stationary
source,
provided
that
at
a
minimum,
the
requirements
in
paragraphs
IV.
L.
4(
i)(
a)
through
(
g)
of
this
Ruling
are
met.
152
(
a)
The
PAL
shall
impose
an
annual
emission
limitation
in
tons
per
year,
that
is
enforceable
as
a
practical
matter,

for
the
entire
major
stationary
source.
For
each
month
during
the
PAL
effective
period
after
the
first
12
months
of
establishing
a
PAL,
the
major
stationary
source
owner
or
operator
shall
show
that
the
sum
of
the
monthly
emissions
from
each
emissions
unit
under
the
PAL
for
the
previous
12
consecutive
months
is
less
than
the
PAL
(
a
12­
month
average,

rolled
monthly).
For
each
month
during
the
first
11
months
from
the
PAL
effective
date,
the
major
stationary
source
owner
or
operator
shall
show
that
the
sum
of
the
preceding
monthly
emissions
from
the
PAL
effective
date
for
each
emissions
unit
under
the
PAL
is
less
than
the
PAL.

(
b)
The
PAL
shall
be
established
in
a
PAL
permit
that
meets
the
public
participation
requirements
in
paragraph
IV.
L.
5
of
this
Ruling.

(
c)
The
PAL
permit
shall
contain
all
the
requirements
of
paragraph
IV.
L.
7
of
this
Ruling.

(
d)
The
PAL
shall
include
fugitive
emissions,
to
the
extent
quantifiable,
from
all
emissions
units
that
emit
or
have
the
potential
to
emit
the
PAL
pollutant
at
the
major
stationary
source.

(
e)
Each
PAL
shall
regulate
emissions
of
only
one
pollutant.

(
f)
Each
PAL
shall
have
a
PAL
effective
period
of
10
years.
153
(
g)
The
owner
or
operator
of
the
major
stationary
source
with
a
PAL
shall
comply
with
the
monitoring,

recordkeeping,
and
reporting
requirements
provided
in
paragraphs
IV.
L.
12
through
14
of
this
Ruling
for
each
emissions
unit
under
the
PAL
through
the
PAL
effective
period.

(
ii)
At
no
time
(
during
or
after
the
PAL
effective
period)
are
emissions
reductions
of
a
PAL
pollutant,
which
occur
during
the
PAL
effective
period,
creditable
as
decreases
for
purposes
of
offsets
under
paragraph
IV.
C
of
this
Ruling
unless
the
level
of
the
PAL
is
reduced
by
the
amount
of
such
emissions
reductions
and
such
reductions
would
be
creditable
in
the
absence
of
the
PAL.

5.
Public
participation
requirement
for
PALs.
PALs
for
existing
major
stationary
sources
shall
be
established,

renewed,
or
increased
through
a
procedure
that
is
consistent
with
§
§
51.160
and
51.161
of
this
chapter.
This
includes
the
requirement
that
the
reviewing
authority
provide
the
public
with
notice
of
the
proposed
approval
of
a
PAL
permit
and
at
least
a
30­
day
period
for
submittal
of
public
comment.
The
reviewing
authority
must
address
all
material
comments
before
taking
final
action
on
the
permit.

6.
Setting
the
10­
year
actuals
PAL
level.
The
actuals
PAL
level
for
a
major
stationary
source
shall
be
established
as
the
sum
of
the
baseline
actual
emissions
(
as
defined
in
paragraph
II.
A.
32
of
this
Ruling)
of
the
PAL
pollutant
for
154
each
emissions
unit
at
the
source;
plus
an
amount
equal
to
the
applicable
significant
level
for
the
PAL
pollutant
under
paragraph
II.
A.
10
of
this
Ruling
or
under
the
Act,
whichever
is
lower.
When
establishing
the
actuals
PAL
level,
for
a
PAL
pollutant,
only
one
consecutive
24­
month
period
must
be
used
to
determine
the
baseline
actual
emissions
for
all
existing
emissions
units.
However,
a
different
consecutive
24­
month
period
may
be
used
for
each
different
PAL
pollutant.
Emissions
associated
with
units
that
were
permanently
shutdown
after
this
24­
month
period
must
be
subtracted
from
the
PAL
level.
Emissions
from
units
on
which
actual
construction
began
after
the
24­
month
period
must
be
added
to
the
PAL
level
in
an
amount
equal
to
the
potential
to
emit
of
the
units.
The
reviewing
authority
shall
specify
a
reduced
PAL
level(
s)
(
in
tons/
yr)
in
the
PAL
permit
to
become
effective
on
the
future
compliance
date(
s)

of
any
applicable
Federal
or
State
regulatory
requirement(
s)

that
the
reviewing
authority
is
aware
of
prior
to
issuance
of
the
PAL
permit.
For
instance,
if
the
source
owner
or
operator
will
be
required
to
reduce
emissions
from
industrial
boilers
in
half
from
baseline
emissions
of
60
ppm
NOx
to
a
new
rule
limit
of
30
ppm,
then
the
permit
shall
contain
a
future
effective
PAL
level
that
is
equal
to
the
current
PAL
level
reduced
by
half
of
the
original
baseline
emissions
of
such
unit(
s).

7.
Contents
of
the
PAL
permit.
The
PAL
permit
155
contain,
at
a
minimum,
the
information
in
paragraphs
IV.
L.
7(
i)
through
(
x)
of
this
Ruling.

(
i)
The
PAL
pollutant
and
the
applicable
source­
wide
emission
limitation
in
tons
per
year.

(
ii)
The
PAL
permit
effective
date
and
the
expiration
date
of
the
PAL
(
PAL
effective
period).

(
iii)
Specification
in
the
PAL
permit
that
if
a
major
stationary
source
owner
or
operator
applies
to
renew
a
PAL
in
accordance
with
paragraph
IV.
L.
10
of
this
Ruling
before
the
end
of
the
PAL
effective
period,
then
the
PAL
shall
not
expire
at
the
end
of
the
PAL
effective
period.
It
shall
remain
in
effect
until
a
revised
PAL
permit
is
issued
by
the
reviewing
authority.

(
iv)
A
requirement
that
emission
calculations
for
compliance
purposes
include
emissions
from
startups,

shutdowns
and
malfunctions.

(
v)
A
requirement
that,
once
the
PAL
expires,
the
major
stationary
source
is
subject
to
the
requirements
of
paragraph
IV.
L.
9
of
this
Ruling.

(
vi)
The
calculation
procedures
that
the
major
stationary
source
owner
or
operator
shall
use
to
convert
the
monitoring
system
data
to
monthly
emissions
and
annual
emissions
based
on
a
12­
month
rolling
total
for
each
month
as
required
by
paragraph
IV.
L.
13(
i)
of
this
Ruling.

(
vii)
A
requirement
that
the
major
stationary
source
owner
or
operator
monitor
all
emissions
units
in
accordance
156
with
the
provisions
under
paragraph
IV.
L.
12
of
this
Ruling.

(
viii)
A
requirement
to
retain
the
records
required
under
paragraph
IV.
L.
13
of
this
Ruling
on
site.
Such
records
may
be
retained
in
an
electronic
format.

(
ix)
A
requirement
to
submit
the
reports
required
under
paragraph
IV.
L.
14
of
this
Ruling
by
the
required
deadlines.

(
x)
Any
other
requirements
that
the
reviewing
authority
deems
necessary
to
implement
and
enforce
the
PAL.

8.
PAL
effective
period
and
reopening
of
the
PAL
permit.
The
requirements
in
paragraphs
IV.
L.
8(
i)
and
(
ii)

of
this
Ruling
apply
to
actuals
PALs.

(
i)
PAL
effective
period.
The
reviewing
authority
shall
specify
a
PAL
effective
period
of
10
years.

(
ii)
Reopening
of
the
PAL
permit.

(
a)
During
the
PAL
effective
period,
the
reviewing
authority
must
reopen
the
PAL
permit
to:

(
1)
Correct
typographical/
calculation
errors
made
in
setting
the
PAL
or
reflect
a
more
accurate
determination
of
emissions
used
to
establish
the
PAL.

(
2)
Reduce
the
PAL
if
the
owner
or
operator
of
the
major
stationary
source
creates
creditable
emissions
reductions
for
use
as
offsets
under
paragraph
IV.
C
of
this
Ruling.

(
3)
Revise
the
PAL
to
reflect
an
increase
in
the
PAL
as
provided
under
paragraph
IV.
L.
11
of
this
Ruling.
157
(
b)
The
reviewing
authority
shall
have
discretion
to
reopen
the
PAL
permit
for
the
following:

(
1)
Reduce
the
PAL
to
reflect
newly
applicable
Federal
requirements
(
for
example,
NSPS)
with
compliance
dates
after
the
PAL
effective
date.

(
2)
Reduce
the
PAL
consistent
with
any
other
requirement,
that
is
enforceable
as
a
practical
matter,
and
that
the
State
may
impose
on
the
major
stationary
source
under
the
plan.

(
3)
Reduce
the
PAL
if
the
reviewing
authority
determines
that
a
reduction
is
necessary
to
avoid
causing
or
contributing
to
a
NAAQS
or
PSD
increment
violation,
or
to
an
adverse
impact
on
an
air
quality
related
value
that
has
been
identified
for
a
Federal
Class
I
area
by
a
Federal
Land
Manager
and
for
which
information
is
available
to
the
general
public.

(
c)
Except
for
the
permit
reopening
in
paragraph
IV.
L.
8(
ii)(
a)(
1)
of
this
Ruling
for
the
correction
of
typographical/
calculation
errors
that
do
not
increase
the
PAL
level,
all
other
reopenings
shall
be
carried
out
in
accordance
with
the
public
participation
requirements
of
paragraph
IV.
L.
5
of
this
Ruling.

9.
Expiration
of
a
PAL.
Any
PAL
which
is
not
renewed
in
accordance
with
the
procedures
in
paragraph
IV.
L.
10
of
this
Ruling
shall
expire
at
the
end
of
the
PAL
effective
period,
and
the
requirements
in
paragraphs
IV.
L.
9(
i)
through
158
(
v)
of
this
Ruling
shall
apply.

(
i)
Each
emissions
unit
(
or
each
group
of
emissions
units)
that
existed
under
the
PAL
shall
comply
with
an
allowable
emission
limitation
under
a
revised
permit
established
according
to
the
procedures
in
paragraphs
IV.
L.
9(
i)(
a)
through
(
b)
of
this
Ruling.

(
a)
Within
the
time
frame
specified
for
PAL
renewals
in
paragraph
IV.
L.
10(
ii)
of
this
Ruling,
the
major
stationary
source
shall
submit
a
proposed
allowable
emission
limitation
for
each
emissions
unit
(
or
each
group
of
emissions
units,
if
such
a
distribution
is
more
appropriate
as
decided
by
the
reviewing
authority)
by
distributing
the
PAL
allowable
emissions
for
the
major
stationary
source
among
each
of
the
emissions
units
that
existed
under
the
PAL.
If
the
PAL
had
not
yet
been
adjusted
for
an
applicable
requirement
that
became
effective
during
the
PAL
effective
period,
as
required
under
paragraph
IV.
L.
10(
v)
of
this
Ruling,
such
distribution
shall
be
made
as
if
the
PAL
had
been
adjusted.

(
b)
The
reviewing
authority
shall
decide
whether
and
how
the
PAL
allowable
emissions
will
be
distributed
and
issue
a
revised
permit
incorporating
allowable
limits
for
each
emissions
unit,
or
each
group
of
emissions
units,
as
the
reviewing
authority
determines
is
appropriate.

(
ii)
Each
emissions
unit(
s)
shall
comply
with
the
allowable
emission
limitation
on
a
12­
month
rolling
basis.
159
The
reviewing
authority
may
approve
the
use
of
monitoring
systems
(
source
testing,
emission
factors,
etc.)
other
than
CEMS,
CERMS,
PEMS
or
CPMS
to
demonstrate
compliance
with
the
allowable
emission
limitation.

(
iii)
Until
the
reviewing
authority
issues
the
revised
permit
incorporating
allowable
limits
for
each
emissions
unit,
or
each
group
of
emissions
units,
as
required
under
paragraph
IV.
L.
9(
i)(
a)
of
this
Ruling,
the
source
shall
continue
to
comply
with
a
source­
wide,
multi­
unit
emissions
cap
equivalent
to
the
level
of
the
PAL
emission
limitation.

(
iv)
Any
physical
change
or
change
in
the
method
of
operation
at
the
major
stationary
source
will
be
subject
to
the
nonattainment
major
NSR
requirements
if
such
change
meets
the
definition
of
major
modification
in
paragraph
II.
A.
5
of
this
Ruling.

(
v)
The
major
stationary
source
owner
or
operator
shall
continue
to
comply
with
any
State
or
Federal
applicable
requirements
(
BACT,
RACT,
NSPS,
etc.)
that
may
have
applied
either
during
the
PAL
effective
period
or
prior
to
the
PAL
effective
period
except
for
those
emission
limitations
that
had
been
established
pursuant
to
paragraph
IV.
F
of
this
Ruling,
but
were
eliminated
by
the
PAL
in
accordance
with
the
provisions
in
paragraph
IV.
L.
1(
iii)(
c)

of
this
Ruling.

10.
Renewal
of
a
PAL.

(
i)
The
reviewing
authority
shall
follow
the
160
procedures
specified
in
paragraph
IV.
L.
5
of
this
Ruling
in
approving
any
request
to
renew
a
PAL
for
a
major
stationary
source,
and
shall
provide
both
the
proposed
PAL
level
and
a
written
rationale
for
the
proposed
PAL
level
to
the
public
for
review
and
comment.
During
such
public
review,
any
person
may
propose
a
PAL
level
for
the
source
for
consideration
by
the
reviewing
authority.

(
ii)
Application
deadline.
The
major
stationary
source
owner
or
operator
shall
submit
a
timely
application
to
the
reviewing
authority
to
request
renewal
of
a
PAL.
A
timely
application
is
one
that
is
submitted
at
least
6
months
prior
to,
but
not
earlier
than
18
months
from,
the
date
of
permit
expiration.
This
deadline
for
application
submittal
is
to
ensure
that
the
permit
will
not
expire
before
the
permit
is
renewed.
If
the
owner
or
operator
of
a
major
stationary
source
submits
a
complete
application
to
renew
the
PAL
within
this
time
period,
then
the
PAL
shall
continue
to
be
effective
until
the
revised
permit
with
the
renewed
PAL
is
issued.

(
iii)
Application
requirements.
The
application
to
renew
a
PAL
permit
shall
contain
the
information
required
in
paragraphs
IV.
L.
10(
iii)(
a)
through
(
d)
of
this
Ruling.

(
a)
The
information
required
in
paragraphs
IV.
L.
3(
i)

through
(
iii)
of
this
Ruling.

(
b)
A
proposed
PAL
level.

(
c)
The
sum
of
the
potential
to
emit
of
all
emissions
161
units
under
the
PAL
(
with
supporting
documentation).

(
d)
Any
other
information
the
owner
or
operator
wishes
the
reviewing
authority
to
consider
in
determining
the
appropriate
level
for
renewing
the
PAL.

(
iv)
PAL
adjustment.
In
determining
whether
and
how
to
adjust
the
PAL,
the
reviewing
authority
shall
consider
the
options
outlined
in
paragraphs
IV.
L.
10(
iv)(
a)
and
(
b)
of
this
Ruling.
However,
in
no
case
may
any
such
adjustment
fail
to
comply
with
paragraph
IV.
L.
10(
iv)(
c)
of
this
Ruling.

(
a)
If
the
emissions
level
calculated
in
accordance
with
paragraph
IV.
L.
6
of
this
Ruling
is
equal
to
or
greater
than
80
percent
of
the
PAL
level,
the
reviewing
authority
may
renew
the
PAL
at
the
same
level
without
considering
the
factors
set
forth
in
paragraph
IV.
L.
10(
iv)(
b)
of
this
Ruling;
or
(
b)
The
reviewing
authority
may
set
the
PAL
at
a
level
that
it
determines
to
be
more
representative
of
the
source's
baseline
actual
emissions,
or
that
it
determines
to
be
appropriate
considering
air
quality
needs,
advances
in
control
technology,
anticipated
economic
growth
in
the
area,

desire
to
reward
or
encourage
the
source's
voluntary
emissions
reductions,
or
other
factors
as
specifically
identified
by
the
reviewing
authority
in
its
written
rationale.

(
c)
Notwithstanding
paragraphs
IV.
L.
10(
iv)(
a)
and
(
b)

of
this
Ruling,
162
(
1)
If
the
potential
to
emit
of
the
major
stationary
source
is
less
than
the
PAL,
the
reviewing
authority
shall
adjust
the
PAL
to
a
level
no
greater
than
the
potential
to
emit
of
the
source;
and
(
2)
The
reviewing
authority
shall
not
approve
a
renewed
PAL
level
higher
than
the
current
PAL,
unless
the
major
stationary
source
has
complied
with
the
provisions
of
paragraph
IV.
L.
11
of
this
Ruling
(
increasing
a
PAL).

(
v)
If
the
compliance
date
for
a
State
or
Federal
requirement
that
applies
to
the
PAL
source
occurs
during
the
PAL
effective
period,
and
if
the
reviewing
authority
has
not
already
adjusted
for
such
requirement,
the
PAL
shall
be
adjusted
at
the
time
of
PAL
permit
renewal
or
title
V
permit
renewal,
whichever
occurs
first.

11.
Increasing
a
PAL
during
the
PAL
effective
period.

(
i)
The
reviewing
authority
may
increase
a
PAL
emission
limitation
only
if
the
major
stationary
source
complies
with
the
provisions
in
paragraphs
IV.
L.
11(
i)(
a)

through
(
d)
of
this
Ruling.

(
a)
The
owner
or
operator
of
the
major
stationary
source
shall
submit
a
complete
application
to
request
an
increase
in
the
PAL
limit
for
a
PAL
major
modification.

Such
application
shall
identify
the
emissions
unit(
s)

contributing
to
the
increase
in
emissions
so
as
to
cause
the
major
stationary
source's
emissions
to
equal
or
exceed
its
PAL.
163
(
b)
As
part
of
this
application,
the
major
stationary
source
owner
or
operator
shall
demonstrate
that
the
sum
of
the
baseline
actual
emissions
of
the
small
emissions
units,

plus
the
sum
of
the
baseline
actual
emissions
of
the
significant
and
major
emissions
units
assuming
application
of
BACT
equivalent
controls,
plus
the
sum
of
the
allowable
emissions
of
the
new
or
modified
emissions
unit(
s)
exceeds
the
PAL.
The
level
of
control
that
would
result
from
BACT
equivalent
controls
on
each
significant
or
major
emissions
unit
shall
be
determined
by
conducting
a
new
BACT
analysis
at
the
time
the
application
is
submitted,
unless
the
emissions
unit
is
currently
required
to
comply
with
a
BACT
or
LAER
requirement
that
was
established
within
the
preceding
10
years.
In
such
a
case,
the
assumed
control
level
for
that
emissions
unit
shall
be
equal
to
the
level
of
BACT
or
LAER
with
which
that
emissions
unit
must
currently
comply.

(
c)
The
owner
or
operator
obtains
a
major
NSR
permit
for
all
emissions
unit(
s)
identified
in
paragraph
IV.
L.
11(
i)(
a)
of
this
Ruling,
regardless
of
the
magnitude
of
the
emissions
increase
resulting
from
them
(
that
is,
no
significant
levels
apply).
These
emissions
unit(
s)
shall
comply
with
any
emissions
requirements
resulting
from
the
nonattainment
major
NSR
program
process
(
for
example,
LAER),

even
though
they
have
also
become
subject
to
the
PAL
or
continue
to
be
subject
to
the
PAL.
164
(
d)
The
PAL
permit
shall
require
that
the
increased
PAL
level
shall
be
effective
on
the
day
any
emissions
unit
that
is
part
of
the
PAL
major
modification
becomes
operational
and
begins
to
emit
the
PAL
pollutant.

(
ii)
The
reviewing
authority
shall
calculate
the
new
PAL
as
the
sum
of
the
allowable
emissions
for
each
modified
or
new
emissions
unit,
plus
the
sum
of
the
baseline
actual
emissions
of
the
significant
and
major
emissions
units
(
assuming
application
of
BACT
equivalent
controls
as
determined
in
accordance
with
paragraph
IV.
L.
11(
i)(
b)),
plus
the
sum
of
the
baseline
actual
emissions
of
the
small
emissions
units.

(
iii)
The
PAL
permit
shall
be
revised
to
reflect
the
increased
PAL
level
pursuant
to
the
public
notice
requirements
of
paragraph
IV.
L.
5
of
this
Ruling.

12.
Monitoring
requirements
for
PALs.

(
i)
General
Requirements.

(
a)
Each
PAL
permit
must
contain
enforceable
requirements
for
the
monitoring
system
that
accurately
determines
plantwide
emissions
of
the
PAL
pollutant
in
terms
of
mass
per
unit
of
time.
Any
monitoring
system
authorized
for
use
in
the
PAL
permit
must
be
based
on
sound
science
and
meet
generally
acceptable
scientific
procedures
for
data
quality
and
manipulation.
Additionally,
the
information
generated
by
such
system
must
meet
minimum
legal
requirements
for
admissibility
in
a
judicial
proceeding
to
165
enforce
the
PAL
permit.

(
b)
The
PAL
monitoring
system
must
employ
one
or
more
of
the
four
general
monitoring
approaches
meeting
the
minimum
requirements
set
forth
in
paragraphs
IV.
L.
12(
ii)(
a)

through
(
d)
of
this
Ruling
and
must
be
approved
by
the
reviewing
authority.

(
c)
Notwithstanding
paragraph
IV.
L.
12(
i)(
b)
of
this
Ruling,
you
may
also
employ
an
alternative
monitoring
approach
that
meets
paragraph
IV.
L.
12(
i)(
a)
of
this
Ruling
if
approved
by
the
reviewing
authority.

(
d)
Failure
to
use
a
monitoring
system
that
meets
the
requirements
of
this
Ruling
renders
the
PAL
invalid.

(
ii)
Minimum
Performance
Requirements
for
Approved
Monitoring
Approaches.
The
following
are
acceptable
general
monitoring
approaches
when
conducted
in
accordance
with
the
minimum
requirements
in
paragraphs
IV.
L.
12(
iii)
through
(
ix)

of
this
Ruling:

(
a)
Mass
balance
calculations
for
activities
using
coatings
or
solvents;

(
b)
CEMS;

(
c)
CPMS
or
PEMS;
and
(
d)
Emission
Factors.

(
iii)
Mass
Balance
Calculations.
An
owner
or
operator
using
mass
balance
calculations
to
monitor
PAL
pollutant
emissions
from
activities
using
coating
or
solvents
shall
meet
the
following
requirements:
166
(
a)
Provide
a
demonstrated
means
of
validating
the
published
content
of
the
PAL
pollutant
that
is
contained
in
or
created
by
all
materials
used
in
or
at
the
emissions
unit;

(
b)
Assume
that
the
emissions
unit
emits
all
of
the
PAL
pollutant
that
is
contained
in
or
created
by
any
raw
material
or
fuel
used
in
or
at
the
emissions
unit,
if
it
cannot
otherwise
be
accounted
for
in
the
process;
and
(
c)
Where
the
vendor
of
a
material
or
fuel,
which
is
used
in
or
at
the
emissions
unit,
publishes
a
range
of
pollutant
content
from
such
material,
the
owner
or
operator
must
use
the
highest
value
of
the
range
to
calculate
the
PAL
pollutant
emissions
unless
the
reviewing
authority
determines
there
is
site­
specific
data
or
a
site­
specific
monitoring
program
to
support
another
content
within
the
range.

(
iv)
CEMS.
An
owner
or
operator
using
CEMS
to
monitor
PAL
pollutant
emissions
shall
meet
the
following
requirements:

(
a)
CEMS
must
comply
with
applicable
Performance
Specifications
found
in
40
CFR
part
60,
appendix
B;
and
(
b)
CEMS
must
sample,
analyze
and
record
data
at
least
every
15
minutes
while
the
emissions
unit
is
operating.

(
v)
CPMS
or
PEMS.
An
owner
or
operator
using
CPMS
or
PEMS
to
monitor
PAL
pollutant
emissions
shall
meet
the
following
requirements:
167
(
a)
The
CPMS
or
the
PEMS
must
be
based
on
current
site­
specific
data
demonstrating
a
correlation
between
the
monitored
parameter(
s)
and
the
PAL
pollutant
emissions
across
the
range
of
operation
of
the
emissions
unit;
and
(
b)
Each
CPMS
or
PEMS
must
sample,
analyze,
and
record
data
at
least
every
15
minutes,
or
at
another
less
frequent
interval
approved
by
the
reviewing
authority,
while
the
emissions
unit
is
operating.

(
vi)
Emission
factors.
An
owner
or
operator
using
emission
factors
to
monitor
PAL
pollutant
emissions
shall
meet
the
following
requirements:

(
a)
All
emission
factors
shall
be
adjusted,
if
appropriate,
to
account
for
the
degree
of
uncertainty
or
limitations
in
the
factors'
development;

(
b)
The
emissions
unit
shall
operate
within
the
designated
range
of
use
for
the
emission
factor,
if
applicable;
and
(
c)
If
technically
practicable,
the
owner
or
operator
of
a
significant
emissions
unit
that
relies
on
an
emission
factor
to
calculate
PAL
pollutant
emissions
shall
conduct
validation
testing
to
determine
a
site­
specific
emission
factor
within
6
months
of
PAL
permit
issuance,
unless
the
reviewing
authority
determines
that
testing
is
not
required.

(
vii)
A
source
owner
or
operator
must
record
and
report
maximum
potential
emissions
without
considering
enforceable
emission
limitations
or
operational
restrictions
168
for
an
emissions
unit
during
any
period
of
time
that
there
is
no
monitoring
data,
unless
another
method
for
determining
emissions
during
such
periods
is
specified
in
the
PAL
permit.

(
viii)
Notwithstanding
the
requirements
in
paragraphs
IV.
L.
12(
iii)
through
(
vii)
of
this
Ruling,
where
an
owner
or
operator
of
an
emissions
unit
cannot
demonstrate
a
correlation
between
the
monitored
parameter(
s)
and
the
PAL
pollutant
emissions
rate
at
all
operating
points
of
the
emissions
unit,
the
reviewing
authority
shall,
at
the
time
of
permit
issuance:

(
a)
Establish
default
value(
s)
for
determining
compliance
with
the
PAL
based
on
the
highest
potential
emissions
reasonably
estimated
at
such
operating
point(
s);

or
(
b)
Determine
that
operation
of
the
emissions
unit
during
operating
conditions
when
there
is
no
correlation
between
monitored
parameter(
s)
and
the
PAL
pollutant
emissions
is
a
violation
of
the
PAL.

(
ix)
Re­
validation.
All
data
used
to
establish
the
PAL
pollutant
must
be
re­
validated
through
performance
testing
or
other
scientifically
valid
means
approved
by
the
reviewing
authority.
Such
testing
must
occur
at
least
once
every
5
years
after
issuance
of
the
PAL.

13.
Recordkeeping
requirements.

(
i)
The
PAL
permit
shall
require
an
owner
or
operator
169
to
retain
a
copy
of
all
records
necessary
to
determine
compliance
with
any
requirement
of
paragraph
IV.
L
of
this
Ruling
and
of
the
PAL,
including
a
determination
of
each
emissions
unit's
12­
month
rolling
total
emissions,
for
5
years
from
the
date
of
such
record.

(
ii)
The
PAL
permit
shall
require
an
owner
or
operator
to
retain
a
copy
of
the
following
records
for
the
duration
of
the
PAL
effective
period
plus
5
years:

(
a)
A
copy
of
the
PAL
permit
application
and
any
applications
for
revisions
to
the
PAL;
and
(
b)
Each
annual
certification
of
compliance
pursuant
to
title
V
and
the
data
relied
on
in
certifying
the
compliance.

14.
Reporting
and
notification
requirements.
The
owner
or
operator
shall
submit
semi­
annual
monitoring
reports
and
prompt
deviation
reports
to
the
reviewing
authority
in
accordance
with
the
applicable
title
V
operating
permit
program.
The
reports
shall
meet
the
requirements
in
paragraphs
IV.
L.
14(
i)
through
(
iii).

(
i)
Semi­
Annual
Report.
The
semi­
annual
report
shall
be
submitted
to
the
reviewing
authority
within
30
days
of
the
end
of
each
reporting
period.
This
report
shall
contain
the
information
required
in
paragraphs
IV.
L.
14(
i)(
a)
through
(
g)
of
this
Ruling.

(
a)
The
identification
of
owner
and
operator
and
the
permit
number.
170
(
b)
Total
annual
emissions
(
tons/
year)
based
on
a
12­

month
rolling
total
for
each
month
in
the
reporting
period
recorded
pursuant
to
paragraph
IV.
L.
13(
i)
of
this
Ruling.

(
c)
All
data
relied
upon,
including,
but
not
limited
to,
any
Quality
Assurance
or
Quality
Control
data,
in
calculating
the
monthly
and
annual
PAL
pollutant
emissions.

(
d)
A
list
of
any
emissions
units
modified
or
added
to
the
major
stationary
source
during
the
preceding
6­
month
period.

(
e)
The
number,
duration,
and
cause
of
any
deviations
or
monitoring
malfunctions
(
other
than
the
time
associated
with
zero
and
span
calibration
checks),
and
any
corrective
action
taken.

(
f)
A
notification
of
a
shutdown
of
any
monitoring
system,
whether
the
shutdown
was
permanent
or
temporary,
the
reason
for
the
shutdown,
the
anticipated
date
that
the
monitoring
system
will
be
fully
operational
or
replaced
with
another
monitoring
system,
and
whether
the
emissions
unit
monitored
by
the
monitoring
system
continued
to
operate,
and
the
calculation
of
the
emissions
of
the
pollutant
or
the
number
determined
by
method
included
in
the
permit,
as
provided
by
paragraph
IV.
L.
12(
vii)
of
this
Ruling.

(
g)
A
signed
statement
by
the
responsible
official
(
as
defined
by
the
applicable
title
V
operating
permit
program)

certifying
the
truth,
accuracy,
and
completeness
of
the
information
provided
in
the
report.
171
(
ii)
Deviation
report.
The
major
stationary
source
owner
or
operator
shall
promptly
submit
reports
of
any
deviations
or
exceedance
of
the
PAL
requirements,
including
periods
where
no
monitoring
is
available.
A
report
submitted
pursuant
to
§
70.6(
a)(
3)(
iii)(
B)
of
this
chapter
shall
satisfy
this
reporting
requirement.
The
deviation
reports
shall
be
submitted
within
the
time
limits
prescribed
by
the
applicable
program
implementing
§
70.6(
a)(
3)(
iii)(
B)

of
this
chapter.
The
reports
shall
contain
the
following
information:

(
a)
The
identification
of
owner
and
operator
and
the
permit
number;

(
b)
The
PAL
requirement
that
experienced
the
deviation
or
that
was
exceeded;

(
c)
Emissions
resulting
from
the
deviation
or
the
exceedance;
and
(
d)
A
signed
statement
by
the
responsible
official
(
as
defined
by
the
applicable
title
V
operating
permit
program)

certifying
the
truth,
accuracy,
and
completeness
of
the
information
provided
in
the
report.

(
iii)
Re­
validation
results.
The
owner
or
operator
shall
submit
to
the
reviewing
authority
the
results
of
any
re­
validation
test
or
method
within
3
months
after
completion
of
such
test
or
method.

15.
Transition
requirements.
172
(
i)
No
reviewing
authority
may
issue
a
PAL
that
does
not
comply
with
the
requirements
in
paragraphs
IV.
L.
1
through
15
of
this
Ruling
after
the
date
that
this
Ruling
becomes
effective
for
the
State
in
which
the
major
stationary
source
is
located.

(
ii)
The
reviewing
authority
may
supersede
any
PAL
which
was
established
prior
to
the
date
that
this
Ruling
becomes
effective
for
the
State
in
which
the
major
stationary
source
is
located
with
a
PAL
that
complies
with
the
requirements
of
paragraphs
IV.
L.
1
through
15
of
this
Ruling.

M.
Offset
ratios
for
ozone
transport
regions
and
nonattainment
areas
that
are
subject
to
subpart
2,
part
D,

title
I
of
the
Act.

1.
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;
173
(
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
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);
and
2.
Notwithstanding
the
requirements
of
paragraph
IV.
M.
1
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.

N.
Additional
provisions
for
emissions
of
nitrogen
oxides
in
ozone
transport
regions
and
nonattainment
areas.

The
requirements
of
this
Ruling
applicable
to
major
stationary
sources
and
major
modifications
of
volatile
organic
compounds
shall
apply
to
nitrogen
oxides
emissions
from
major
stationary
sources
and
major
modifications
of
nitrogen
oxides
in
an
ozone
transport
region
or
in
any
ozone
nonattainment
area,
except
in
ozone
nonattainment
areas
where
the
Administrator
has
granted
a
NOx
waiver
applying
174
the
standards
set
forth
under
182(
f)
and
the
waiver
continues
to
apply.

O.
Severability.
If
any
provision
of
this
Ruling,
or
the
application
of
such
provision
to
any
person
or
circumstance,
is
held
invalid,
the
remainder
of
this
Ruling,

or
the
application
of
such
provision
to
persons
or
circumstances
other
than
those
as
to
which
it
is
held
invalid,
shall
not
be
affected
thereby.

*
*
*
*
*

VI.
POLICY
WHERE
ATTAINMENT
DATES
HAVE
NOT
PASSED
*
*
*
In
such
cases,
a
new
source
locating
in
an
area
designated
in
40
CFR
81.300
et.
seq.
as
nonattainment
(
or,

where
Section
III
of
this
Ruling
is
applicable,
a
new
source
that
would
cause
or
contribute
to
an
NAAQS
violation)
may
be
exempt
from
the
Conditions
of
Section
IV.
A.
if
the
conditions
in
paragraphs
VI.
A.
through
C
are
met.

A.
The
new
source
meets
the
applicable
SIP
emission
limitations.

B.
The
new
source
will
not
interfere
with
the
attainment
date
specified
in
the
SIP
under
section
110
of
the
Act
C.
The
Administrator
has
determined
that
conditions
A
and
B
of
this
section
are
satisfied
and
such
determination
is
published
in
the
Federal
Register.

PART
52
­
[
Amended]
175
1.
The
authority
citation
for
part
52
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7401,
et
seq.

Subpart
A
­
[
Amended]

2.
Section
52.24
is
revised
to
read
as
follows:

§
52.24
Statutory
restriction
on
new
sources.

(
a)
Any
area
designated
nonattainment
pursuant
to
section
107(
d)
of
the
Act
to
which,
immediately
prior
to
the
enactment
of
the
Amendments
to
the
Act
of
1990
(
November
15,

1990),
a
prohibition
of
construction
or
modification
of
major
stationary
sources
was
applied,
shall
retain
that
prohibition
if
such
prohibition
was
applied
by
virtue
of
a
finding
of
the
Administrator
that
the
State
containing
such
an
area:

(
1)
Failed
to
submit
an
implementation
plan
meeting
the
requirements
of
an
approvable
new
source
review
permitting
program;
or
(
2)
Failed
to
submit
an
implementation
plan
that
provided
for
timely
attainment
of
the
national
ambient
air
quality
standard
for
sulfur
dioxide
by
December
31,
1982.

This
prohibition
shall
apply
until
the
Administrator
approves
a
plan
for
such
area
as
meeting
the
applicable
requirements
of
part
D
of
title
I
of
the
Act
as
amended
(
NSR
permitting
requirements)
or
subpart
5
of
part
D
of
title
I
of
the
Act
as
amended
(
relating
to
attainment
of
the
176
national
ambient
air
quality
standards
for
sulfur
dioxide),

as
applicable.

(
b)
Permits
to
construct
and
operate
as
required
by
permit
programs
under
section
172(
c)(
5)
of
the
Act
may
not
be
issued
for
new
or
modified
major
stationary
sources
proposing
to
locate
in
nonattainment
areas
or
areas
in
a
transport
region
where
the
Administrator
has
determined
that
the
applicable
implementation
plan
is
not
being
adequately
implemented
for
the
nonattainment
area
or
transport
region
in
which
the
proposed
source
is
to
be
constructed
or
modified
in
accordance
with
the
requirements
of
part
D
of
title
I
of
the
Act.

(
c)
Whenever,
on
the
basis
of
any
information,
the
Administrator
finds
that
a
State
is
not
in
compliance
with
any
requirement
or
prohibition
of
the
Act
relating
to
the
construction
of
new
sources
or
the
modification
of
existing
sources,
the
Administrator
may
issue
an
order
under
section
113(
a)(
5)
of
the
Act
prohibiting
the
construction
or
modification
of
any
major
stationary
source
in
any
area
to
which
such
requirement
applies.

(
d)
The
restrictions
in
paragraphs
(
a)
and
(
b)
of
this
section
apply
only
to
major
stationary
sources
of
emissions
that
cause
or
contribute
to
concentrations
of
the
pollutant
(
or
precursors,
as
applicable)
for
which
the
transport
region
or
nonattainment
area
was
designated
such,
and
for
which
the
applicable
implementation
plan
is
not
being
177
carried
out
in
accordance
with,
or
does
not
meet,
the
requirements
of
part
D
of
title
I
of
the
Act.

(
e)
For
any
transport
region
or
any
area
designated
as
nonattainment
for
any
national
ambient
air
quality
standard,

the
restrictions
in
paragraphs
(
a)
and
(
b)
of
this
section
shall
apply
to
any
major
stationary
source
or
major
modification
that
would
be
major
for
the
pollutant
(
or
precursors,
where
applicable)
for
which
the
area
is
designated
nonattainment
or
a
transport
region,
if
the
stationary
source
or
major
modification
would
be
constructed
anywhere
in
the
designated
nonattainment
area
or
transport
region.
A
major
stationary
source
or
major
modification
that
is
major
for
volatile
organic
compounds
is
also
major
for
ozone.
A
major
stationary
source
or
major
modification
that
is
major
for
nitrogen
oxides
is
also
major
for
ozone.

(
f)
The
provisions
in
§
51.165
of
this
chapter
shall
apply
in
interpreting
the
terms
under
this
section.

(
g)
At
such
time
that
a
particular
source
or
modification
becomes
a
major
stationary
source
or
major
modification
solely
by
virtue
of
a
relaxation
in
any
enforceable
limitation
which
was
established
after
August
7,

1980,
on
the
capacity
of
the
source
or
modification
otherwise
to
emit
a
pollutant,
such
as
a
restriction
on
hours
of
operation,
then:

(
1)
If
the
construction
moratorium
imposed
pursuant
to
this
section
is
still
in
effect
for
the
nonattainment
area
178
or
transport
region
in
which
the
source
or
modification
is
located,
then
the
permit
may
not
be
so
revised;
or
(
2)
If
the
construction
moratorium
is
no
longer
in
effect
in
that
area,
then
the
requirements
of
§
51.165
of
this
chapter
shall
apply
to
the
source
or
modification
as
though
construction
had
not
yet
commenced
on
the
source
or
modification.

(
h)
This
section
does
not
apply
to
major
stationary
sources
or
major
modifications
locating
in
a
clearly
defined
part
of
a
nonattainment
area
or
transport
region
(
such
as
a
political
subdivision
of
a
State),
where
the
EPA
finds
that
a
plan
which
meets
the
requirements
of
part
D
of
title
I
of
the
Act
is
in
effect
and
is
being
implemented
in
that
part.

(
i)
RESERVED
(
j)
RESERVED
(
k)
For
an
area
designated
as
nonattainment
after
July
1,
1979,
the
Emission
offset
Interpretative
Ruling,
40
CFR
part
51,
Appendix
S
shall
govern
permits
to
construct
and
operate
applied
for
during
the
period
between
the
date
of
designation
as
nonattainment
and
the
date
the
part
D
plan
is
approved.
