1. (a) Terms and phrases used in this part which are not explicitly defined herein shall have the same meaning as those terms which are used in the federal Clean Air Act.

2. (b) For the purposes of this part:

   1. (1) “Actual emissions” means:

      1. (A)

3. (i) The actual rate of emissions of a regulated New Source Review (NSR) pollutant from an emissions unit, as determined in accordance with subdivisions (b)(1)(B) – (D) of this section, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a plantwide applicability limitation (PAL) under Subpart 7 of this part.

   1. (ii) Instead, the definitions of “projected actual emissions” and “baseline actual emissions” shall apply for those purposes;

      1. (B)

         1. (i) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive twenty-four-month period which precedes the particular date and which is representative of normal source operation.
         2. (ii) The reviewing authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
         3. (iii) Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period;
      2. (C) The reviewing authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit;
      3. (D) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date;

   2. (2) “Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

      1. (A) The applicable standards set forth in 40 C.F.R. pt. 60 or 61;
      2. (B) Any applicable State Implementation Plan emissions limitation including those with a future compliance date; or
      3. (C) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date;

   3. (3)

      1. (A) “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with subdivisions (b)(3)(B) – (E) of this section.

      2. (B)

         1. (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 twenty-four-month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator begins actual construction of the project.
         2. (ii) The reviewing authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
         3. (iii)
4. (a) (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

5. (b) (b) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty-four-month period.

   1. (c)
   2. (1) (c)(1) For a regulated NSR pollutant, when a project involves multiple emissions units, only one (1) consecutive twenty-four-month period must be used to determine the baseline actual emissions for the emissions units being changed.

   3. (2) (2) A different consecutive twenty-four-month period can be used for each regulated NSR pollutant.

      1. (d) (d) The average rate shall not be based on any consecutive twenty-four-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivision (b)(3)(B)(iii)(b) of this section.

      2. (C)

         1. (i) 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 twenty-four-month period selected by the owner or operator within the ten-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 part or under a plan approved by the Administrator of the Environmental Protection Agency, whichever is earlier, except that the ten-year period shall not include any period earlier than November 15, 1990.
         2. (ii) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
         3. (iii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four-month period.
         4. (iv)
6. (a) (a) 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 twenty-four-month period.

7. (b) (b) However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator of the Environmental Protection Agency proposed or promulgated under 40 C.F.R. pt. 63, 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 consistent with the requirements of 8 CAR § 43-305(h).

   1. (v)
8. (a) (a) For a regulated NSR pollutant, when a project involves multiple emissions units, only one (1) consecutive twenty-four-month period must be used to determine the baseline actual emissions for the emissions units being changed.

9. (b) (b) A different consecutive twenty-four-month period can be used for each regulated NSR pollutant.

   1. (vi) The average rate shall not be based on any consecutive twenty-four-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivisions (b)(3)(C)(iii) and (iv) of this section.

      1. (D) For a new emissions unit, the baseline actual 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.

      2. (E) For a PAL for a major stationary source, the baseline actual emissions shall be calculated for:

         1. (i) Existing electric utility steam generating units in accordance with the procedures contained in subdivision (b)(3)(B) of this section;
         2. (ii) Other existing emissions units in accordance with the procedures contained in subdivision (b)(3)(C) of this section;
         3. (iii) A new emissions unit in accordance with the procedures contained in subdivision (b)(3)(D) of this section;

   2. (4)

      1. (A) “Begin actual construction” means, in general, initiation of physical onsite construction activities on an emissions unit which are of a permanent nature.

      2. (B) Such activities include, but are not limited to:

         1. (i) Installation of building supports and foundations;
         2. (ii) Laying of underground pipework; and
         3. (iii) Construction of permanent storage structures.
      3. (C) With respect to a change in method of operating, this term refers to those onsite activities other than preparatory activities which mark the initiation of the change;

   3. (5)

      1. (A) “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.
      2. (B) 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 C.F.R. pt. 60 or 61.

      3. (C)

         1. (i) 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 design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT.
         2. (ii) 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;

   4. (6)

      1. (A) “Building, structure, facility, or installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties and are under the control of the same person (or persons under common control) except the activities of any vessel.
      2. (B) Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same Major Group, i.e., which have the same two-digit code, as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (United States Government Publishing Office stock numbers 4101-0065 and 003-005-00176-0, respectively);
   5. (7) “Clean coal technology” means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990;

   6. (8)

      1. (A) “Clean coal technology demonstration project” means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology", up to a total amount of two billion five hundred million dollars ($2,500,000,000) for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency.
      2. (B) The federal contribution for a qualifying project shall be at least twenty percent (20%) of the total cost of the demonstration project;

   7. (9) “Commence as applied to construction of a major stationary source or major modification” means that the owner or operator has all necessary preconstruction approvals or permits and either has:

      1. (A) Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or
      2. (B) Entered into binding agreements or contractual obligations which cannot be canceled or modified without substantial loss to the owner or operator to undertake a program of actual construction of the source to be completed within a reasonable time;
   8. (10) “Construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions;
   9. (11) “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of this part, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis;
   10. (12) “Continuous emissions rate monitoring system (CERMS)” means the total equipment required for the determination and recording of the pollutant mass emissions rate in terms of mass per unit of time;
   11. (13) “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements of this part, 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 or values on a continuous basis;
   12. (14) “Director” means the Director of the Division of Environmental Quality, or its successor, acting directly or through the staff of the Division of Environmental Quality;

   13. (15)

       1. (A) “Division” means the Division of Environmental Quality or its successor.
       2. (B) When reference is made in this part to actions taken by or with reference to the Division of Environmental Quality, the reference is to the staff of the Division of Environmental Quality acting at the direction of the Director of the Division of Environmental Quality;

   14. (16)

       1. (A) “Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third (1/3) of its potential electric output capacity and more than twenty-five megawatts (25 MW) electrical output to any utility power distribution system for sale.
       2. (B) Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility;

   15. (17)

       1. (A) “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric steam generating unit as defined in this subpart.

       2. (B)

          1. (i) For purposes of this part, there are two (2) types of emissions units as described in subdivisions (b)(17)(B)(ii) and (iii) of this section.
          2. (ii) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissions unit first operated.
          3. (iii)
10. (a) (a) An existing emissions unit is any emissions unit that does not meet the requirements in subdivision (b)(17)(B)(ii) of this section.

11. (b) (b) A replacement unit, as defined in this subpart, is an existing emissions unit;

    1. (18) “Federal Land Manager” means, with respect to any lands in the United States, the secretary of the department with authority over such lands;
    2. (19) “Federally enforceable” means all limitations and conditions which are enforceable by the Administrator of the Environmental Protection Agency, including those requirements developed pursuant to 40 C.F.R. pts. 60 and 61, requirements within any applicable state implementation plan, any permit requirements established pursuant to 40 C.F.R. § 52.21 or under regulations approved pursuant to 40 C.F.R. pt. 51, Subpart I, including operating permits issued under an Environmental Protection Agency-approved program that is incorporated into the state implementation plan and expressly requires adherence to any permit issued under such program;
    3. (20) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening;

    4. (21) “Lowest achievable emission rate (LAER)” means, for any source, the more stringent rate of emissions based on the following:

       1. (A) The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

       2. (B)

          1. (i) The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources.
          2. (ii) This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within or stationary source.
          3. (iii) In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance;

    5. (22) “Major modification” means:

       1. (A) Any physical change in, or change in the method of operation of, a major stationary source that would result in a significant:

          1. (i) Emissions increase of a regulated NSR pollutant, as defined in this subpart; and
          2. (ii) Net emissions increase of that pollutant from the major stationary source;
       2. (B) Any significant emissions increase, as defined in this subpart, from any emissions units or net emissions increase, as defined in this subpart, at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone;

       3. (C) A physical change or change in the method of operation shall not include:

          1. (i) Routine maintenance, repair, and replacement;
          2. (ii) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;
          3. (iii) Use of an alternative fuel by reason of an order or rule Section 125 of the Clean Air Act;
          4. (iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
          5. (v) Use of an alternative fuel or raw material by a stationary source which:
12. (a) (a) Was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976, pursuant to 40 C.F.R. § 52.21 or under regulations approved pursuant to 40 C.F.R. Subpart I or 40 C.F.R. § 51.166; or

13. (b) (b) Is approved to use under any permit issued under regulations approved pursuant to 40 C.F.R. pt. 165;

    1. (vi) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976, pursuant to 40 C.F.R. § 52.21 or regulations approved pursuant to 40 C.F.R. pt. 51, Subpart I or 40 C.F.R. § 51.166;

       1. (vii) Any change in ownership at a stationary source;

          1. (viii) [Reserved];
          2. (ix) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
14. (a) (a) The State Implementation Plan for the state in which the project is located; and

15. (b) (b) Other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is terminated;

    1. (D)

       1. (i) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Subpart 7 of this part for a PAL for that pollutant.

          1. (ii) Instead, the definition at 8 CAR § 43-702(b)(6) shall apply;
       2. (E) For the purpose of applying the requirements of 8 CAR § 43-309 to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, whether or not subject to Subpart 2, Part D, Title I of the Clean Air Act, any significant net emissions increase of nitrogen oxides is considered significant for ozone; and
       3. (F) Any physical change in, or change in the method of operation of, a major stationary source of volatile organic compounds that results in any increase in emissions of volatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the Clean Air Act;

    2. (23) “Major stationary source” means:

       1. (A) [Reserved].

          1. (i) Any stationary source of air pollutants which emits, or has the potential to emit one hundred (100) tons per year or more of any regulated NSR pollutant; or
          2. (ii) Any physical change that would occur at a stationary source not qualifying under subdivision (b)(23)(A)(i) of this section as a major stationary source, if the change would constitute a major stationary source by itself;

       2. (B) Any stationary source of air pollutants that:

          1. (i) Emits, or has the potential to emit, one hundred (100) tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title I of the Clean Air Act, according to subdivisions (b)(23)(B)(i)(a) – (f) of this section:
16. (a) (a) Fifty (50) tons per year of volatile organic compounds in any serious ozone nonattainment area;

17. (b) (b) Fifty (50) tons per year of volatile organic compounds in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area;

    1. (c) (c) Twenty-five (25) tons per year of volatile organic compounds in any severe ozone nonattainment area;

       1. (d) (d) Ten (10) tons per year of volatile organic compounds in any extreme ozone nonattainment area;
18. (e) (e) Fifty (50) tons per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the Administrator of the Environmental Protection Agency);

19. (f) (f) Seventy (70) tons per year of PM₁₀ in any serious nonattainment area for PM₁₀;

    1. (ii) For the purposes of applying the requirements of 8 CAR § 43-309 to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source which emits, or has the potential to emit, one hundred (100) tons per year or more of nitrogen oxides emissions, except that the emission thresholds in subdivisions (b)(23)(B)(ii)(a) – (f) of this section shall apply in areas subject to Subpart 2 of Part D, Title I of the Clean Air Act:
20. (a) (a) One hundred (100) tons per year or more of nitrogen oxides in any ozone nonattainment area classified as marginal or moderate;

21. (b) (b) One hundred (100) tons per year or more of nitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region;

    1. (c) (c) One hundred (100) tons per year or more of nitrogen oxides in any area designated under Section 107(d) of the Clean Air Act as attainment or unclassifiable for ozone that is located in an ozone transport region;

       1. (d) (d) Fifty (50) tons per year or more of nitrogen oxides in any serious nonattainment area for ozone;
22. (e) (e) Twenty-five (25) tons per year or more of nitrogen oxides in any severe nonattainment area for ozone;

23. (f) (f) Ten (10) tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone; or

    1. (iii) Any physical change that would occur at a stationary source not qualifying under subdivisions (b)(23)(B)(i) and (ii) of this section as a major stationary source, if the change would constitute a major stationary source by itself;

       1. (C) A major stationary source that is major for volatile organic compounds shall be considered major for ozone;

       2. (D) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this subdivision (b)(23)(D) whether it is a major stationary source, unless the source belongs to one (1) of the following categories of stationary sources:

          1. (i) Coal cleaning plants (with thermal dryers);
          2. (ii) Kraft pulp mills;
          3. (iii) Portland cement plants;
          4. (iv) Primary zinc smelters;
          5. (v) Iron and steel mills;
          6. (vi) Primary aluminum ore reduction plants;
          7. (vii) Primary copper smelters;
          8. (viii) Municipal incinerators capable of charging more than two hundred fifty (250) tons of refuse per day;
          9. (ix) Hydrofluoric, sulfuric, or nitric acid plants;
          10. (x) Petroleum refineries;
          11. (xi) Lime plants;
          12. (xii) Phosphate rock processing plants;
          13. (xiii) Coke oven batteries;
          14. (xiv) Sulfur recovery plants;
          15. (xv) Carbon black plants (furnace process);
          16. (xvi) Primary lead smelters;
          17. (xvii) Fuel conversion plants; (xviii) Sintering plants;
          18. (xix) Secondary metal production plants;
          19. (xx) Chemical process plants;
          20. (xxi) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units per hour (250,000,000 BTUs/hr) heat input;
          21. (xxii) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels; (xxiii) Taconite ore processing plants;
          22. (xxiv) Glass fiber processing plants;
          23. (xxv) Charcoal production plants;
          24. (xxvi) Fossil fuel-fired steam electric plants of more than two hundred fifty million British thermal units per hour (250,000,000 BTUs/hr) heat input; and (xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act;
    2. (24) “Necessary preconstruction approvals or permits” means those federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan;

    3. (25) “Net emissions increase” means:

       1. (A) With respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero (0):

          1. (i) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subpart 3 of this part; and
          2. (ii)
24. (a) (a) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable.

25. (b) (b) Baseline actual emissions for calculating increases and decreases under this subdivision(b)(25)(A)(ii) shall be determined as provided in this subpart, except that subdivisions (b)(3)(B)(iii)(c) and (b)(3)(C)(v) of this section of baseline actual emissions shall not apply;

    1. (B) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs;

       1. (C) An increase or decrease in actual emissions is creditable only if:

          1. (i) It occurs between:
26. (a) (a) The date five (5) years before construction on the particular change commences; and

27. (b) (b) The date that the increase from the particular change occurs;

    1. (ii) The reviewing authority has not relied on it in issuing a permit for the source under this part, which permit is in effect when the increase in actual emissions from the particular change occurs; and

       1. (iii) [Reserved];
       2. (D) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level;

       3. (E) A decrease in actual emissions is creditable only to the extent that:

          1. (i) The old level of actual emission or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
          2. (ii) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;
          3. (iii) The reviewing authority has not relied on it in issuing any permit under regulations approved pursuant to 40 C.F.R. pt. 51, Subpart I or the state has not relied on it in demonstrating attainment or reasonable further progress;
          4. (iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and
          5. (v) [Reserved];
       4. (F) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant; and
       5. (G) Subdivision (b)(25)(B) of this section of actual emissions shall not apply for determining creditable increases and decreases or after a change;

    2. (26)

       1. (A) “Nonattainment major new source review (NSR) program” means a major source preconstruction permit program that has been approved by the Administrator of the Environmental Protection Agency and incorporated into the plan to implement the requirements of 40 C.F.R. § 51.165, or a program that implements Part 51, Appendix S, Sections I – VI of that chapter.
       2. (B) Any permit issued under such a program is a major NSR permit;

    3. (27)

       1. (A) “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.
       2. (B) It does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment, or disposal;

    4. (28)

       1. (A) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design.
       2. (B) Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable.
       3. (C) Secondary emissions do not count in determining the potential to emit of a stationary source;
    5. (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;
    6. (30) “Prevention of significant deterioration (PSD) permit” means any permit that is issued under 8 CAR § 41-801 et seq. of the Rules of the Arkansas Plan of Implementation of Air Pollution Control, 8 CAR pt. 41;

    7. (31)

       1. (A) “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 (1) of the five (5) years (twelve-month period) following the date the unit resumes regular operation after the project, or in any one (1) of the ten (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.

       2. (B) In determining the projected actual emissions under subdivision (b)(31)(A) of this section before beginning actual construction, the owner or operator of the major stationary source:

          1. (i) Shall consider all relevant information, including but not limited to:
28. (a) (a) Historical operational data;

29. (b) (b) The company's own representations;

    1. (c) (c) The company's expected business activity;

       1. (d) (d) The company's highest projections of business activity;
30. (e) (e) The company's filings with the state or federal regulatory authorities; and

31. (f) (f) Compliance plans under the approved plan;

    1. (ii) Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and

       1. (iii) 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 twenty-four-month period used to establish the baseline actual emissions under this subpart and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

          1. (iv) In lieu of using the method set out in in subdivisions (b)(31)(B)(i) – (iii) of this section, may elect to use the emissions unit's potential to emit, in tons per year, as defined in this subpart;
    2. (32) “Project” means a physical change in, or change in the method of operation of, an existing major stationary source;

    3. (33) “Regulated NSR pollutant”, for purposes of this part, means the following:

       1. (A) Nitrogen oxides or any volatile organic compounds;
       2. (B) Any pollutant for which a national ambient air quality standard has been promulgated; or
       3. (C) Any pollutant that is a constituent or precursor of a general pollutant listed under subdivision (b)(33)(A) or (B) of this section, provided that a constituent or precursor pollutant may only be regulated under NSR as part of the regulation of the general pollutant;

    4. (34)

       1. (A) “Replacement unit” means an emissions unit for which all the criteria listed in subdivisions (b)(34)(B)(ii) – (v) of this section are met.

       2. (B)

          1. (i) No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
          2. (ii) The emissions unit is a reconstructed unit within the meaning of 40 C.F.R. § 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.
          3. (iii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.
          4. (iv) The replacement does not alter the basic design parameters of the process unit.
          5. (v)
32. (a) (a) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter.

33. (b) (b) If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit;

    1. (35) “Reviewing authority” means the Division of Environmental Quality;

    2. (36)

       1. (A) “Secondary emissions” means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself.
       2. (B) For the purpose of this part, “secondary emissions” must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions.
       3. (C) “Secondary emissions” include emissions from any off-site support facility which would not be constructed or increase its emissions except as a result of the construction of operation of the major stationary source of major modification.
       4. (D) “Secondary emissions” do not include any emissions which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel;

    3. (37)

       1. (A) “Significant” means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

          Pollutant	Emission Rate
          Carbon monoxide:	100 tons per year (tpy)
          Nitrogen oxides:	40 tpy
          Sulfur dioxide:	40 tpy
          Ozone:	40 tpy of volatile organic compounds or NOx
          Lead:	0.6 tpy
          PM10:	15 tpy PM10

       2. (B) Notwithstanding the significant emissions rate for ozone in subdivision (b)(37)(A) of this section, “significant” means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the Clean Air Act, if such emissions increase of volatile organic compounds exceeds twenty-five (25) tons per year.
       3. (C) For the purposes of applying the requirements of 8 CAR § 43-309 to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in subdivisions (b)(37)(A), (B), and (E) of this section shall apply to nitrogen oxides emissions.
       4. (D) Notwithstanding the significant emissions rate for carbon monoxide under subdivision (b)(37)(A) of this section, “significant” means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds fifty (50) tons per year, provided the Administrator of the Environmental Protection Agency has determined that stationary sources contribute significantly to carbon monoxide levels in that area.
       5. (E) Notwithstanding the significant emissions rates for ozone under subdivisions (b)(37)(A) and (B) of this section, any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the Clean Air Act shall be considered a significant net emissions increase;
    4. (38) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in this subpart) for that pollutant;
    5. (39) “Stationary source” means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant;
    6. (40) “Temporary clean coal technology demonstration project” means a clean coal technology demonstration project that is operated for a period of five (5) years or less, and which complies with the State Implementation Plan for the state in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated; and

    7. (41)

       1. (A) “Volatile organic compounds (VOC)” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.

       2. (B) This includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity:

          1. (i) Acetone;
          2. (ii) Methane;
          3. (iii) Ethane;
          4. (iv) Methylene chloride (dichloromethane);
          5. (v) 1,1,1-trichloroethane (methyl chloroform);
          6. (vi) Perchloroethylene (tetrachloroethylene);
          7. (vii) 1,1,1 trichloro-2,2,2-trifluoroethane (CFC-113);
          8. (viii) Tichlorofluoromethane (CFC-11);
          9. (ix) Dichlorodifluoromethane (CFC-12);
          10. (x) Chlorodifluoromethane (HCFC-22);
          11. (xi) Trifluoromethane (HFC-23);
          12. (xii) 1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114);
          13. (xiii) Chloropentafluoroethane (CFC-115);
          14. (xiv) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
          15. (xv) 1,1,1,2-tetrafluoroethane (HFC-134a);
          16. (xvi) 1,1-dichloro 1-fluoroethane (HCFC-141b);
          17. (xvii) 1-chloro 1,1-difluoroethane (HCFC-142b); (xviii) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
          18. (xix) Pentaflurorethane (HFC-125);
          19. (xx) 1,1,2,2-tetrafluoroethane (HFC-134);
          20. (xxi) 1,1,1-trifluoroethane (HFC-143a);
          21. (xxii) 1,1-difluoroethane (HFC-152a); (xxiii) Parachlorobenzotrifluoride (PCBTF);
          22. (xxiv) Cyclic, branched, or linear completely methylated siloxanes;
          23. (xxv) 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
          24. (xxvi) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); (xxvii) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); (xxviii) Difluoromethane (HFC-32);
          25. (xxix) Ethylfluoride (HFC-161);
          26. (xxx) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
          27. (xxxi) 1,1,2,2,3-pentafluoropropane (HFC-245ca); (xxxii) 1,1,2,3,3-pentafluoropropane (HFC 245ea); (xxxiii) 1,1,1,2,3-pentafluoropropane (HFC-245eb); (xxxiv) 1,1,1,3,3-pentafluoropropane (HFC-245fa);
          28. (xxxv) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); (xxxvi) 1,1,1,3,3-pentafluorobutane (HFC-365mfc); (xxxvii) Chlorofluoromethane (HCFC-31); (xxxviii) 1 chloro-1-fluoroethane (HCFC-151a); (xxxix) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
          29. (xl) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C₄F₉OCH₃ or HFE-7100);
          30. (xli) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OCH₃);
          31. (xlii) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C₄F₉OC₂H₅ or HFE-7200); (xliii) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OC₂H₅); and
          32. (xliv) Methyl acetate 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7 OCH3, HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea), and methyl formate (HCOOCH₃), and perfluorocarbon compounds which fall into these classes:
34. (a) (a) Cyclic, branched, or linear, completely fluorinated alkanes;

35. (b) (b) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

    1. (c) (c) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

       1. (d) (d) Sulfur containing perfluorocarbons with no saturations and with sulfur bonds only to carbon and fluorine.

       2. (C)

          1. (i) For purposes of determining compliance with emission limits, VOC will be measured by the test methods in the approved SIP or 40 C.F.R. pt. 60, Appendix A, as applicable.
          2. (ii) Where such a method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the Division of Environmental Quality.
       3. (D) As a precondition to excluding these compounds as VOC or at any time thereafter, the Division of Environmental Quality may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Division of Environmental Quality, the amount of negligibly reactive compounds in the sources’ emissions.
       4. (E) The following compound is VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate.

Codification Notes: The Clean Air Act, Pub. L. No. 101-549, is codified at 42 U.S.C. § 7401 et seq. The Energy Supply and Environmental Coordination Act of 1974, Pub. L. No. 93-319, is codified generally at 15 U.S.C. § 791 et seq. The Federal Power Act is codified generally at 16 U.S.C. § 791 et seq. "PAL" means plantwide applicability limitation. "SIP" means State Implementation Plan.