AQ-2016-002 DRAFT NOTICE OF FINAL RULEMAKING.PDF

DRAFT NOTICE OF FINAL RULEMAKING
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 241: MINOR NEW SOURCE REVIEW (NSR)
PREAMBLE
1. Rule affected Rulemaking action
Rule 241: Minor New Source Review (NSR) Amend
2. Statutory authority for the rulemaking:
Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480
Implementing Statute: A.R.S. § 49-112
3. The effective date of the rule:
Tentative date of adoption: September 7, 2016
4. List of public notices addressing the rulemaking:
Notice of Briefing to Maricopa County Manager: March 2016
Notice of Stakeholder Workshop: April 1, 2016
Notice of Maricopa County Board of Health Meeting: April 25, 2016
Notice of Proposed Rulemaking: 22 A.A.R. 1116, May 13, 2016
5. Name and address of department personnel with whom persons may communicate regarding the
rulemaking:
Name: Johanna M. Kuspert or Hether Krause
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 1001 N Central Avenue, Suite 125
Phoenix, Arizona 85004
Telephone: (602) 506-6010
Fax: (602) 506-6179
E-mail: aqplanning@mail.maricopa.gov
6. Explanation of the rule, including the department's reasons for initiating the rulemaking:
Summary: Rule 241 provides a procedure for the review of new sources and modifications to existing
sources of air pollution requiring permits or permit revisions for the protection of the national ambient air
quality standards (NAAQS). Revisions proposed in Rule 241 include changing the threshold when new or
modified stationary sources are required to apply Best Available Control Technology (BACT) and
Reasonably Available Control Technology (RACT) from 25 tons per year to 40 tons per year for volatile
organic compounds, nitrogen oxides, or sulfur dioxide. Stakeholders have requested that Rule 241 be
revised to be consistent with the federal thresholds.
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In addition, the proposed amendments will correct typographical or other clerical errors; make minor
grammatical changes to improve readability or clarity; modify the format, numbering, order, capitalization,
punctuation, or syntax of certain text to increase standardization within and among rules; or make various
other minor changes of a purely editorial nature. As these changes do not alter the sense, meaning, or effect
of the rules, they are not described in detail here, but can be readily discerned in the “underline/ strikeout”
version of the rules contained in Item 14 of this notice.
Description of Proposed Amendments:
• Section 102 (Applicability): Stakeholders submitted comments after the workshop conducted on April 1,
2016. Stakeholders proposed introductory text for Section 102.1 to state that it applies to new sources
and introductory text to Section102.2 to state that it applies to existing sources. In addition, Stakeholders
proposed that Section 102.2 be changed to match text in the Arizona Department of Environmental
Quality’s (ADEQ’s) Rule R18-2-334(A)(3) (Minor New Source Review); “if the modification" should be
added between “minor NSR modification” and “would increase” and “maximum capacity to emit”
should be changed to “potential to emit”. Stakeholders also proposed that “permit limit” be added to the
phrase “increase the source’s permit limit or potential to emit that pollutant…”; however, after
consideration, the department has not proposed this change, because a permit limit and potential to emit
may not be equivalent.
• Section 304.1 (BACT Required): Propose to change the BACT requirement for any new stationary
source which emits 40 or more tons per year (instead of 25 or more tons per year) of volatile organic
compounds, nitrogen oxides, or sulfur dioxide
• Section 304.2 (BACT Required): Propose to change the BACT requirement for any modified existing
stationary source if the modification causes an increase in the source’s potential to emit 40 or more tons
per year (instead of 25 or more tons per year) of volatile organic compounds, nitrogen oxides, or sulfur
dioxide. Stakeholders submitted comments after the workshop conducted on April 1, 2016. Stakeholders
proposed that “maximum capacity to emit” be changed to “potential to emit” and that “existing” be
added between “modified” and “stationary source”. Stakeholders also proposed that “permit limit” be
added to the phrase “increase the source’s permit limit or potential to emit…”; however, after
consideration, the department has not proposed this change, because a permit limit and potential to emit
may not be equivalent.
• Section 305 (RACT Required): Propose to change the RACT requirement for any new or modified
existing stationary source which emits or causes an increase in the source’s potential to emit up to 40
tons per year (instead of 25 tons per year) of volatile organic compounds, nitrogen oxides, or sulfur
dioxide. Stakeholders submitted comments after the workshop conducted on April 1, 2016. Stakeholders
proposed that “emissions of” be changed to “potential to emit” and that “existing” be added between
“modified” and “stationary source”.
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7. Demonstration of compliance with A.R.S. §49-112:
Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent than the rules
adopted by the Director of the Arizona Department of Environmental Quality (ADEQ) for similar sources
unless it demonstrates compliance with the applicable requirements of A.R.S. §49-112.
§ 49-112 County regulation; standards
§ 49-112(A)
When authorized by law, a county may adopt a rule, ordinance or other regulation that is more stringent
than or in addition to a provision of this title or rule adopted by the director or any board or commission
authorized to adopt rules pursuant to this title if all of the following conditions are met:
1. The rule, ordinance or other regulation is necessary to address a peculiar local condition.
2. There is credible evidence that the rule, ordinance or other regulation is either;
(a) Necessary to prevent a significant threat to public health or the environment that results from a
peculiar local condition and is technically and economically feasible.
(b) Required under a federal statute or regulation, or authorized pursuant to an intergovernmental
agreement with the federal government to enforce federal statutes or regulations if the county rule,
ordinance or other regulation is equivalent to federal statutes or regulation.
3. Any fee or tax adopted under the rule, ordinance or other regulation will not exceed the reasonable
costs of the county to issue and administer that permit or plan approval program.
§ 49-112(B)
When authorized by law, a county may adopt rules, ordinances or other regulations in lieu of a state
program that are as stringent as a provision of this title or rule adopted by the director or any board or
commission authorized to adopt rules pursuant to this title if the county demonstrates that the cost of
obtaining permits or other approvals from the county will approximately equal or be less than the fee or
cost of obtaining similar permits or approvals under this title or any rule adopted pursuant to this title. If the
state has not adopted a fee or tax for similar permits or approvals, the county may adopt a fee when
authorized by law in the rule, ordinance or other regulation that does not exceed the reasonable costs of the
county to issue and administer that permit or plan approval program.
The department complies with A.R.S. § 49-112(A) in that Maricopa County fails to meet the NAAQS for
both ozone and particulates. The county recently failed to meet the 2008 8-hour ozone standard by the
marginal area attainment date and has been reclassified as “moderate”. Further, a portion of the county was
classified as a serious ozone nonattainment area under the previous 1-hour ozone standard requiring the
county to continue to maintain the measures and requirements that allowed the county to attain that
standard. Currently, a portion of Maricopa County and Apache Junction in Pinal County is designated
serious nonattainment for the PM10 24-hour standard. This is the only serious PM10 nonattainment area in
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Arizona. Maricopa County's permit rules are substantially identical to or impose no greater procedural
burden than procedures for the review, issuance, revision and administration of permits issued by the State.
However, Maricopa County's rules and procedures contain requirements specific to nonattainment area
status, increment consumption analysis and impacts on nearby nonattainment areas. These requirements
result in permit conditions that address the source's proximity to the PM10 and ozone nonattainment areas
and specific atmospheric, geographical conditions found at the source's location, and control technology
provisions required by the Clean Air Act for nonattainment areas, and other control measures adopted into
various nonattainment State Implementation Plans (SIPs) for Maricopa County. Specifically, various SIPs
for Maricopa County have required the adoption of RACT, BACT, and most stringent measures (MSM) as
required by CAA §§ 172, 182, 188, and 189.
The department complies with A.R.S. § 49-112 in that (1) the proposed amendments to Rule 241 are not
more stringent than or in addition to a provision of Title 49 or rule adopted by the director or any board or
commission authorized to adopt rules pursuant to Title 49, (2) Rule 241 addresses the peculiar local
conditions in Maricopa County and addresses long-standing federal requirements for nonattainment areas,
and (3) the proposed amendments to Rule 241 are authorized under A.R.S. Title 49, Chapter 3, Article 3
and consequently are not in lieu of a state program.
8. Documents and/or studies referenced and/or reviewed for this rulemaking:
Not applicable
9. Showing of good cause why the rule is necessary to promote a statewide interest if the rule will
diminish a previous grant of authority of a political subdivision:
Not applicable
10. Summary of the economic, small business, and consumer impact:
The following discussion addresses each of the elements required for an economic, small business and
consumer impact statement under A.R.S. § 41-1055.
An identification of the rulemaking.
This rulemaking is proposing to revise Rule 241 (Minor New Source Review (NSR)). Revisions proposed
in Rule 241 include changing the threshold when new or modified stationary sources are required to apply
Best Available Control Technology (BACT) and Reasonably Available Control Technology (RACT) from
25 tons per year to 40 tons per year for volatile organic compounds, nitrogen oxides, or sulfur dioxide to be
consistent with the federal thresholds.
An identification of the persons who will be directly affected by, bear the costs of or directly benefit
from the rulemaking.
The persons who will be directly affected by and bear the costs of this rulemaking will be owners or
operators of hot mix asphalt plants, sand and gravel facilities, coating facilities, facilities with large or
numerous boilers and/or engines, facilities that have installed low nitrogen oxide (NOx) boilers and
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engines, coating facilities that have elected to use low volatile organic compound (VOC) coatings, and
facilities that have installed VOC controls.
A cost benefit analysis of the following:
(a) The probable costs and benefits to the implementing agency and other agencies directly affected
by the implementation and enforcement of the rulemaking.
Because this rulemaking does not impose any new compliance burdens on permitted regulated entities
or introduce additional regulatory requirements, the department deemed that none of the revisions have
potentially significant economic impacts on permitted sources. In addition, the rulemaking will not
impose increased monetary or regulatory costs on other state agencies, political subdivisions of this
state, persons, or individuals so regulated.
(b) The probable costs and benefits to a political subdivision of this state directly affected by the
implementation and enforcement of the rulemaking
The rule revisions will not impose increased monetary or regulatory costs on other state agencies,
political subdivisions of this state, persons, or individuals so regulated.
(c) The probable costs and benefits to businesses directly affected by the rulemaking, including any
anticipated effect on the revenues or payroll expenditures of employers who are subject to the
rulemaking.
The department does not anticipate these rule revisions to have a significant impact on a person's
income, revenue, or employment in this state related to this activity. The rule revision will not impose
increased monetary or regulatory costs on individuals so regulated.
A general description of the probable impact on private and public employment in businesses,
agencies and political subdivisions of this state directly affected by the rulemaking.
The rule revisions will not impose increased monetary or regulatory costs on other state agencies, political
subdivisions of this state, persons, or individuals so regulated.
A statement of the probable impact of the rulemaking on small businesses.
The rule revisions will not impose increased monetary or regulatory costs on any permitted business,
persons, or individuals so regulated.
(a) An identification of the small businesses subject to the rulemaking.
Small businesses subject to this rulemaking include hot mix asphalt plants, sand and gravel facilities,
coating facilities, facilities with large or numerous boilers and/or engines, facilities that have installed
low nitrogen oxide (NOx) boilers and engines, coating facilities that have elected to use low volatile
organic compound (VOC) coatings, and facilities that have installed VOC controls.
(b) The administrative and other costs required for compliance with the rulemaking.
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To be consistent with the federal thresholds, revisions proposed in Rule 241 include changing the
threshold when new or modified stationary sources are required to apply Best Available Control
Technology (BACT) and Reasonably Available Control Technology (RACT) from 25 tons per year to
40 tons per year for volatile organic compounds, nitrogen oxides, or sulfur dioxide.
(c) A description of the methods that the agency may use to reduce the impact on small businesses.
(i) Establishing less costly compliance requirements in the rulemaking for small businesses.
By changing BACT and RACT thresholds to be consistent with federal thresholds, this
rulemaking lessens or eases the regulatory burden for small businesses.
(ii) Establishing less costly schedules or less stringent deadlines for compliance in the
rulemaking.
By changing BACT and RACT thresholds to be consistent with federal thresholds, this
rulemaking lessens or eases the regulatory burden for small businesses.
(iii) Exempting small businesses from any or all requirements of the rulemaking.
By changing BACT and RACT thresholds to be consistent with federal thresholds, this
rulemaking lessens or eases the regulatory burden for small businesses.
(d) The probable cost and benefit to private persons and consumers who are directly affected by the
rulemaking.
This rulemaking does not impose any new compliance burdens on regulated entities that are permitted
or introduce additional regulatory requirements and will not impose increased monetary or regulatory
costs on any permitted business, persons, or individuals so regulated. As such, there are no costs to
pass through to consumers, which means there are no impacts on consumers.
A statement of the probable effect on state revenues.
The rule revisions will not impose increased monetary or regulatory costs on other state agencies,
political subdivisions of this state, persons, or individuals so regulated. Without costs to pass through
to customers, there is no projected change in consumer purchase patterns and, thus, no impact on state
revenues from sales taxes.
A description of any less intrusive or less costly alternative methods of achieving the purpose of
the rulemaking.
Revisions proposed in Rule 241 include changing the threshold when new or modified stationary
sources are required to apply Best Available Control Technology (BACT) and Reasonably Available
Control Technology (RACT) from 25 tons per year to 40 tons per year for volatile organic compounds,
nitrogen oxides, or sulfur dioxide to be consistent with the federal thresholds.
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11. Name and address of department personnel with whom persons may communicate regarding the
accuracy of the economic, small business, and consumer impact:
Name: Johanna M. Kuspert or Hether Krause
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 1001 N Central Avenue, Suite 125
Phoenix, AZ 85004
Telephone: (602) 506-6010
Fax: (602) 506-6179
E-mail: aqplanning@mail.maricopa.gov
12. Description of the changes between the proposed rule, including supplemental notices and final rule:
Since the Notice of Proposed Rulemaking was published on May 13, 2016 (22 A.A.R. 1116), the
department is proposing the following amendments:
• Section 102 (Applicability): Propose to simplify the introductory statement by stating “…the provisions
of this rule shall apply to the construction of any new or modified Title V or Non-Title V source” instead
of stating “…the provisions of this rule shall apply to the construction of any new or modified Title V or
Non-Title V source and any minor NSR modification to a Title V or Non-Title V source”. The meaning
and effect of this section is not proposed to be changed.
• Section 102.1: Propose to change the sentence structure, because the phrase “potential to emit that
pollutant” is confusing. Propose to change Section 102.1 from “For new sources, a regulated minor NSR
pollutant emitted by a stationary source will have the potential to emit that pollutant at an amount equal
to or greater than the permitting threshold; or” to “A new source has the potential to emit a regulated
minor NSR pollutant in an amount equal to or greater than the permitting threshold; or”. The meaning
and effect of this section is not proposed to be changed.
• Section 102.2: Propose to change the sentence structure, because the phrase “potential to emit that
pollutant” is confusing. To change Section 102.2 from “For existing sources, an increase in emissions of
a regulated minor NSR pollutant from a minor NSR modification, if the modification would increase the
source’s potential to emit that pollutant by an amount equal to or greater than the minor NSR
modification threshold” to “An existing source increases emissions of a regulated minor NSR pollutant
from a minor NSR modification by an amount equal to or greater than the minor NSR modification
threshold”. The meaning and effect of this section is not proposed to be changed.
• Section 303: Propose to change the heading from “Review Of NAAQS Compliance” to “Determination
For Ambient Air Quality Impact Assessment”, so terms are consistent
• Sections 304.1(a)-(g) and 304.2(a)-(g) (BACT Required): Propose to change “more than x tons per year”
to “x or more tons per year”; this will include 40, 15, 100, 10, and 0.3 tons per year under the BACT
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requirement, whereas when it was written as “more than x tons per year”, such specific amounts were
inadvertently excluded from the BACT requirement.
• Section 308: Propose to change the heading from “NAAQS Compliance Assessment” to “Ambient Air
Quality Impact Assessment”, so terms are consistent
13. Summary of the comments made regarding the rule and the department response to them:
No comments were submitted during the 30-day comment period – May 13, 2016 through June 13, 2016
14. Any other matters prescribed by statute that are applicable to the specific department or to any
specific rule or class of rules:
Not applicable
15. Incorporations by reference and their location in the rule:
Not applicable
16. Was this rule previously an emergency rule?
No
17. Full text of the rule follows:
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 241
MINOR NEW SOURCE REVIEW (NSR)
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
103 EXEMPTION
SECTION 200 - DEFINITIONS (NOT APPLICABLE)
SECTION 300 - STANDARDS
301 PERMIT OR PERMIT REVISION REQUIRED
302 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) OR REASONABLY AVAILABLE
CONTROL TECHNOLOGY (RACT) REQUIRED
303 REVIEW OF NAAQS COMPLIANCE DETERMINATION FOR AMBIENT AIR QUALITY
IMPACT ASSESSMENT
304 BACT REQUIRED
305 RACT REQUIRED
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306 BACT DETERMINATIONS
307 RACT DETERMINATIONS
308 NAAQS COMPLIANCE AMBIENT AIR QUALITY IMPACT ASSESSMENT
309 APPLICATION DENIAL
310 PUBLIC NOTICE
311 NOTICE TO OTHER AGENCIES
312 MODELING REQUIRED
313 PERMIT CONDITIONS SPECIFIED PURSUANT TO THIS RULE
314 CIRCUMVENTION
315 SOURCE OBLIGATION
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
Adopted 11/15/1993; Revised 06/19/1996; Revised 02/03/2016; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 241
MINOR NEW SOURCE REVIEW (NSR)
SECTION 100 - GENERAL
101 PURPOSE: To provide a procedure for the review of new sources and modifications to existing sources of
air pollution requiring permits or permit revisions for the protection of the national ambient air quality
standards (NAAQS).
102 APPLICABILITY: Except as provided in Section 103 of this rule, the provisions of this rule shall apply to
the construction of any new or modified Title V or Non-Title V source and any minor NSR modification to
a Title V or Non-Title V source, when:
102.1 A regulated minor NSR pollutant emitted by a new stationary source will have the potential to
emit that pollutant at an amount equal to or greater than the permitting threshold, or A new source
has the potential to emit a regulated minor NSR pollutant in an amount equal to or greater than the
permitting threshold; or
102.2 An increase in emissions of a regulated minor NSR pollutant from a minor NSR modification
would increase the source’s maximum capacity to emit that pollutant by an amount equal to or
greater than the minor NSR modification threshold. An existing source increases emissions of a
regulated minor NSR pollutant from a minor NSR modification by an amount equal to or greater
than the minor NSR modification threshold.
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103 EXEMPTION: The provisions of this rule shall not apply to the emissions of a pollutant from any of the
activities identified in Section 102 of this rule, if the emissions of that pollutant are subject to major source
requirements under Rule 240 (Federal Major New Source Review (NSR)) of these rules.
SECTION 200 – DEFINITIONS (NOT APPLICABLE) See Rule 100 (General Provisions and Definitions) of
these rules for definitions of terms that are used but not specifically defined in this rule.
SECTION 300 - STANDARDS:
301 PERMIT OR PERMIT REVISION REQUIRED: An owner or operator of a source shall not begin
actual construction:
301.1 Of a new stationary source, subject to this rule, without first obtaining a permit, a permit revision,
a proposed final permit, or a proposed final permit revision from the Control Officer in accordance
with Rule 210 or Rule 220 of these rules.
301.2 Of a minor NSR modification, subject to this rule, without first obtaining a permit, a permit
revision, a proposed final permit, or a proposed final permit revision from the Control Officer in
accordance with Rule 210 or Rule 220 of these rules.
302 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) OR REASONABLY AVAILABLE
CONTROL TECHNOLOGY (RACT) REQUIRED: The Control Officer shall not issue a proposed final
Title V permit or permit revision or a Non-Title V permit or permit revision subject to this rule to an owner
or operator of a source proposing to construct a new source or make a minor NSR modification unless such
owner or operator implements BACT or RACT, as required by Sections 304 or 305 of this rule.
303 REVIEW OF NAAQS COMPLIANCE DETERMINATION FOR AMBIENT AIR QUALITY
IMPACT ASSESSMENT: Notwithstanding the implementation of RACT or BACT under this rule, an
applicant for a permit subject to this rule shall conduct an ambient air quality impact assessment under
Section 308 of this rule upon the Control Officer’s request. The Control Officer shall make such request, if
there is reason to believe that a new source or minor NSR modification could interfere with attainment or
maintenance of a national ambient air quality standard. In making the determination under this section of
this rule, the Control Officer shall take into consideration:
303.1 The source’s emission rates.
303.2 The location of emission units within the facility and their proximity to the ambient air.
303.3 The terrain in which the source is or will be located.
303.4 The source type.
303.5 The location and emissions of nearby sources.
303.6 Background concentrations of regulated minor NSR pollutants.
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304 BACT REQUIRED: An applicant for a permit or permit revision subject to Rules 210, 220, or 230 of
these rules shall implement BACT for each pollutant emitted which exceeds any of the threshold limits set
forth in any one of the following criteria:
304.1 Any new stationary source which emits: more than 25 tons/yr of volatile organic compounds,
nitrogen oxides, sulfur dioxide, or ; more than 15 tons/yr of PM10; more than 100 tons/yr of
carbon monoxide; more than 10 tons/yr of PM2.5; or more than 0.3 tons/yr of lead.
a. 40 or more tons/yr of volatile organic compounds; or
b. 40 or more tons/yr of nitrogen oxides; or
c. 40 or more tons/yr of sulfur dioxide; or
d. 15 or more tons/yr of PM10; or
e. 100 or more tons/yr of carbon monoxide; or
f. 10 or more tons/yr of PM2.5; or
g. 0.3 or more tons/yr of lead.
304.2 Any modified existing stationary source if the modification causes an increase in the
source’s maximum capacity potential to emit in any of the amounts listed in Sections 304.2(a)-(g)
of this rule. more than 25 tons/yr of volatile organic compounds, nitrogen oxides, sulfur dioxide;
more than 15 tons/yr of PM10; more than 100 tons/yr of carbon monoxide; more than 10 tons/yr
of PM2.5; or more than 0.3 tons/yr of lead. BACT is only required for the emission unit or group
of emission units being modified.
a. 40 or more tons/yr of volatile organic compounds; or
b. 40 or more tons/yr of nitrogen oxides; or
c. 40 or more tons/yr of sulfur dioxide; or
d. 15 or more tons/yr of PM10; or
e. 100 or more tons/yr of carbon monoxide; or
f. 10 or more tons/yr of PM2.5; or
g. 0.3 or more tons/yr of lead.
305 RACT REQUIRED: An applicant for a permit or permit revision for a new or modified existing stationary
source which emits or causes an increase in emissions of the source’s potential to emit in any of the
following amounts shall implement RACT for each pollutant emitted from said new or modified existing
stationary source: up to 25 tons/yr of volatile organic compounds, nitrogen oxides, sulfur dioxide; up to 15
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tons/yr of PM10; up to 100 tons/yr of carbon monoxide; up to 10 tons/yr of PM2.5; or up to 0.3 tons/yr of
lead shall implement RACT for each pollutant emitted from said new or modified stationary source.
305.1 Up to 40 tons/yr of volatile organic compounds; or
305.2 Up to 40 tons/yr of nitrogen oxides; or
305.3 Up to 40 tons/yr of sulfur dioxide; or
305.4 Up to 15 tons/yr of PM10; or
305.5 Up to 100 tons/yr of carbon monoxide; or
305.6 Up to 10 tons/yr of PM2.5; or
305.7 Up to 0.3 tons/yr of lead.
306 BACT DETERMINATIONS: The Control Officer shall determine BACT, as appropriate, for each
emission unit subject to the BACT requirements under Section 304 of this rule. BACT shall be determined
as follows:
306.1 An applicant for a permit or permit revision for a new or modified stationary source shall present
an emissions analysis to determine whether the future emissions increase will trigger BACT
requirements.
306.2 The applicant shall conduct a BACT analysis for each pollutant which exceeds the BACT
threshold. The applicant may conduct a case-by-case analysis.
306.3 The applicant may accept legally and practically enforceable limits on the operation of their source
in order to restrict emissions to below the BACT thresholds and avoid imposition of BACT in
accordance with Rule 220, Section 304 of these rules. At such time as the applicability of any
requirement of this rule would be triggered by an existing source solely by virtue of a relaxation of
any enforceable limitation on the capacity of the source to emit a pollutant, then the requirements
of this rule will apply to the source in the same way as they would apply to a new or modified
source otherwise subject to this rule.
306.4 In the case of a modification, the selection of BACT shall address the emission unit or group of
emission units being modified.
307 RACT DETERMINATIONS: The Control Officer shall determine RACT, as appropriate, for each
emission unit subject to the RACT requirements under Section 305 of this rule. RACT shall be determined
as follows:
307.1 For any facilities subject to a source-specific rule under Regulation III-Control of Air
Contaminants of these rules, RACT is the emissions limitation of the existing source performance
standard.
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307.2 For any facilities not subject to a source-specific rule under Regulation III-Control of Air
Contaminants of these rules, RACT is the lowest emission limitation that a particular source is
capable of achieving by the application of control technology that is reasonably available
considering technological and economic feasibility and shall be determined by one of the
following:
a. Technology that may previously have been applied to a similar, but not necessarily identical,
source category. RACT for a particular facility is determined on a case-by-case basis,
considering the technological feasibility and cost-effectiveness of the application of the
control technology to the source category.
b. A control technique guideline issued by the Administrator under section 108(f)(1) of the Act.
c. An emissions standard established or revised by the Administrator for the same type of source
under section 111 or 112 of the Act after November 15, 1990.
308 NAAQS COMPLIANCE AMBIENT AIR QUALITY IMPACT ASSESSMENT: An ambient air
quality impact assessment must demonstrate that emissions from the source or minor NSR modification
will not interfere with attainment or maintenance of any national ambient air quality standard.
308.1 An owner or operator of a source may elect to have the Control Officer perform a screening model
of its emissions. If the results of the screening model indicate that the source or minor NSR
modification will interfere with attainment or maintenance of any national ambient air quality
standard, the owner or operator may perform a more refined model to make the demonstration
required by this rule.
308.2 The requirements of this rule shall be satisfied, if the results of the screen or more refined
modeling conducted pursuant to Section 308.1 of this rule demonstrate either of the following:
a. Ambient concentrations resulting from emissions from the source or modification combined
with existing concentrations of regulated minor NSR pollutants will not cause or contribute to
a violation of any national ambient air quality standard.
b. Emissions from the source or minor modification will have an ambient impact below the
significance levels as defined in Rule 240 of these rules.
308.3 The assessment required by this rule shall take into account any limitations, controls, or emissions
decreases that are or will be enforceable in the permit or permit revision for the source.
309 APPLICATION DENIAL: The Control Officer shall deny an application for a Title V permit or permit
revision or a Non-Title V permit or permit revision subject to this rule, if:
309.1 An assessment conducted pursuant to Section 308 of this rule demonstrates that the source or
permit revision will interfere with attainment or maintenance of any national ambient air quality
standard; or
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309.2 The new or modified source will violate applicable State Implementation Plan (SIP) requirements.
310 PUBLIC NOTICE: Public notice requirements pursuant to Rules 210 and 220 of these rules shall be
required for a permit or permit revision if the emissions of any one pollutant are equal to or greater than the
public notice threshold as defined in Rule 100 of these rules. The Control Officer shall hold a public
hearing upon written request. If a public hearing is requested, the Control Officer shall schedule the public
hearing and publish a notice once each week for two consecutive weeks in two newspapers of general
circulation in the county where the source is or will be located and by other means if necessary to assure
adequate notice to the affected public. The Control Officer shall give notice of any public hearing at least
30 days in advance of the public hearing.
311 NOTICE TO OTHER AGENCIES: A copy of the notice required by Rule 210, Section 408 for permits
or significant permit revisions or Rule 220, Section 407 of these rules for permits or non-minor permit
revisions subject to this rule must also be sent to the Administrator through the appropriate regional office.
The notice also must be sent to any other agency in the region having responsibility for implementing the
procedures required under this rule.
312 MODELING REQUIRED: All modeling required pursuant to this rule shall be conducted in accordance
with 40 CFR 51, Appendix W.
313 PERMIT CONDITIONS SPECIFIED PURSUANT TO THIS RULE: The Control Officer shall specify
those conditions in the permit that are implemented pursuant to this rule. The specified conditions shall be
included in subsequent permit renewals unless modified pursuant to this rule or Rule 240 of these rules.
314 CIRCUMVENTION: The submission of applications for permits or permit revisions for new or modified
sources in phases so as to circumvent the requirements of this section is prohibited. The burden of proof to
show that an application for a permit or permit revision is not being submitted as a phase of a larger project
shall be upon the applicant. A person shall not build, erect, install, or use any article, machine, equipment,
condition, or any contrivance, the use of which, without resulting in a reduction in the total release of air
contaminants to the atmosphere, conceals or dilutes an emission which would otherwise constitute a
violation of this section. A person shall not circumvent this section to dilute air contaminants by using more
emission openings than is considered normal practice by the industry or by the activity in question.
315 SOURCE OBLIGATION: The issuance of a permit or permit revision under this rule shall not relieve the
owner or operator of the responsibility to comply fully with applicable provisions of the State
Implementation Plan (SIP) and any other requirements under local, State, or Federal law.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
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