Current through Register Vol. XLI, No. 39, September 27, 2024
Section 45-19-3 - Applicability3.1. Preconstruction Permit Program In Nonattainment Areas. - The preconstruction permit program requirements apply to the construction of any new major stationary source or major modification that is major for the pollutant for which the area is designated nonattainment under 40 CFR Part 81, Subpart C if the stationary source or modification would locate anywhere in the designated nonattainment area.3.2. Preconstruction Permit Program In Attainment Areas. - The preconstruction permit program requirements also apply to any proposed major stationary source and to any major modification to such source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard (NAAQS) pursuant to section 107 of the CAA when it would cause or contribute to a violation of any NAAQS.3.3. Significance levels. 3.3.a. A major source or major modification will be considered to cause or contribute to a violation of a NAAQS when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable national standard: Averaging time (hours) |
| Annual | 24 | 8 | 3 | 1 |
Ambient Air Concentration Increase (µg/m3) |
SO2 | 1.0 | 5.0 | | 25.0 | |
PM10 | 1.0 | 5.0 | | | |
PM2.5 | 0.3 | 1.2 | | | |
NO2 | 1.0 | | | | |
Ambient Air Concentration Increase (mg/m3) |
CO | | | 0.5 | | 2.0 |
3.3.b. A proposed major source or major modification subject to subsection 3.2 may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any NAAQS.3.4. Determination of major modification. - The determination as to whether or not a proposed project is a major modification for a regulated NSR pollutant shall be determined in accordance with the specific provisions set forth in subdivisions 3.4.a through 3.4.f.3.4.a. Except as otherwise provided in subsections 3.5 and 3.6, and consistent with the definition of major modification, a proposed 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 subsection 2.67), and a significant net emissions increase (as defined in subsections 2.66 and 2.39). The proposed 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.3.4.b. 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 subdivisions 3.4.c through 3.4.f. 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 subsection 2.39. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.3.4.c. Actual-to-projected-actual applicability test for proposed 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 and the baseline actual emissions (as defined in subdivisions 2.9.a and 2.9.b, as applicable), for each existing emissions unit, equals or exceeds the significant amount for that pollutant.3.4.d. Actual-to-potential test for proposed projects that only involve construction of a new emissions unit(s). - A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the proposed project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.3.4.f. 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 subdivisions 3.4.c through 3.4.d as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.3.5. For any major stationary source subject to a PAL for a regulated NSR pollutant, the major stationary source shall comply with the requirements under section 23.3.7. Exemption. 3.7.a. A source or modification shall not be considered a major stationary source or major modification only if fugitive emissions to the extent quantifiable are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories: 3.7.a.1. Coal cleaning plants (with thermal dryers);3.7.a.2. Kraft pulp mills;3.7.a.3. Portland cement plants;3.7.a.4. Primary zinc smelters;3.7.a.5. Iron and steel mills;3.7.a.6. Primary aluminum ore reduction plants;3.7.a.7. Primary copper smelters;3.7.a.8. Municipal incinerators capable of charging more than 250 tons of refiase per day;3.7.a.9. Hydrofluoric, sulfiaric, or citric acid plants;3.7.a.10. Petroleum refineries;3.7.a.12. Phosphate rock processing plants;3.7.a.13. Coke oven batteries;3.7.a.14. Sulfiar recovery plants;3.7.a.15. Carbon black plants (furnace process);3.7.a.16. Primary lead smelters;3.7.a.17. Fuel conversion plants;3.7.a.18. Sintering plants;3.7.a.19. Secondary metal production plants;3.7.a.20. Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;3.7.a.21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;3.7.a.22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;3.7.a.23. Taconite ore processing plants;3.7.a.24. Glass fiber processing plants;3.7.a.25. Charcoal production plants;3.7.a.26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and3.7.a.27. Any other stationary source category which, as of August 7, 1980, is being regulated under §§111 or 112 of the CAA.3.7.b. In addition to the facilities covered under subdivision 3.7.a, all coal preparation plants as defined under 40 CFR §60.251 (a) which process more than 200 tons per day shall count fugitive emissions from all "affected facilities" at the source.3.7.c. For the purpose of subdivision 3.7.b, the term "affected facilities" means those facilities which are listed or identified as "affected facilities" in the applicable standard promulgated under §§111 or 112 of the CAA.