that have been determined (pursuant to part (q)4. of this paragraph) to
be comparable to BACT, 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 BACT as specified in sub-part (q)8.(iv) of this
paragraph, then the emissions unit 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 sub-part (q)3.(iv) of this
paragraph). 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
sub-parts(c)4.(i) through (iv) and sub-part (c)4.(vi) of this paragraph
as if the emissions unit is not 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 sub-parts (q)3.(i) through (iii) of this paragraph. After
the original Clean Unit designation expires in accordance with part
(q)6. of this paragraph or is lost pursuant to sub-part (q)2.(iii) of
this paragraph, such emissions unit may re-qualify as a Clean Unit under
either sub-part (q)3.(iv) of this paragraph, or under the Clean Unit
provisions in sub-paragraph (p) of this paragraph. To re-qualify as a
Clean Unit under sub-part (q)3.(iv) of this paragraph, the emissions
unit must obtain a new permit issued pursuant to the requirements in
parts (q)7. and 8. of this paragraph and meet all the criteria in
sub-part (q)3.(iv) of this paragraph. The Technical Secretary 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 part (b)36. or work practices) that meets both the
following requirements in items (q)3.(i)(I) and (II) of this paragraph.

(I)	The owner or operator has demonstrated that the emissions unit’s
control technology is comparable to BACT according to the requirements
of part (q)4. of this paragraph. 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 BACT determinations to which it is compared have
resulted in a determination that no control measures are required).

(II)	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.

(ii)	Impact of emissions from the unit. The Technical Secretary 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 plan requirements
to implement the requirements of this sub-part (q)3.(iii). However, for
such emissions units, the owner or operator must apply for the Clean
Unit designation within 2 years after the plan requirements become
effective. For technologies installed after the plan requirements become
effective, 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 parts (q)7. and 8. of this
paragraph) that demonstrates that the emissions unit’s control
technology is achieving a level of emission control comparable to
current-day BACT, and the emissions unit must meet the requirements in
item (q)3.(i)(I) and (q)3.(ii) of this paragraph.

4.	Demonstrating control effectiveness comparable to BACT. The owner or
operator may demonstrate that the emissions unit’s control technology
is comparable to BACT for purposes of sub-part (q)3.(i) of this
paragraph according to either sub-part (q)4.(i) or (ii) of this
paragraph. Sub-part (q)4.(iii) of this paragraph specifies the time for
making this comparison.

(i)	Comparison to previous BACT and 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
BACT if it achieves an emission limitation that is equal to or better
than the average of the emission limitations achieved by all the sources
for which a BACT or LAER determination has been made within the
preceding 5 years and entered into the RBLC, and for which it is
technically feasible to apply the BACT or LAER control technology to the
emissions unit. The Technical Secretary shall also compare this
presumption to any additional BACT or 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 BACT 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 BACT. In addition, any other person may
present evidence related to whether the control technology is
substantially as effective as BACT during the public participation
process required under part (q)7. of this paragraph. The Technical
Secretary shall consider such evidence on a case-by-case basis and
determine whether the emissions unit’s air pollution control
technology is substantially as effective as BACT.

(iii)	Time of comparison

(I)	Emissions units with control technologies that are installed before
the effective date of plan requirements implementing this paragraph. The
owner or operator of an emissions unit whose control technology is
installed before the effective date of plan requirements implementing
this sub-paragraph (q) may, at its option, either demonstrate that the
emission limitation achieved by the emissions unit’s control
technology is comparable to the BACT 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 BACT requirements. The
expiration date of the Clean Unit designation will depend on which
option the owner or operator uses, as specified in part (q)6. of this
paragraph.

(II)	Emissions units with control technologies that are installed after
the effective date of plan requirements implementing this paragraph. The
owner or operator must demonstrate that the emission limitation achieved
by the emissions unit’s control technology is comparable to
current-day BACT 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 part (q)7. of this paragraph 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 BACT 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 part (q)5. of this paragraph. 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 part (q)9. of this paragraph.

7.	Procedures for designating emissions units as Clean Units. The
Technical Secretary shall designate an emissions unit a Clean Unit only
by issuing a permit either through the permitting program prescribed in
paragraph (1) of this rule or through the procedures of paragraph
1200-3-9-.02(11), as applicable, including requirements for public
notice of the proposed Clean Unit designation and opportunity for public
comment.  a permitting program that has been approved by the
Administrator, including requirements for public notice of the proposed
Clean Unit designation and opportunity for public comment. Such permit
must also meet the requirements in part (q)8. of this paragraph.

8.	Required permit content. The permit required by part (q)7. of this
paragraph shall include the terms and conditions set forth in sub-parts
(q)8.(i) through (vi). 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 paragraph
.02(11) 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 the Clean Unit
designation applies.

(ii)	The effective date of the Clean Unit designation. If this date is
not known when the Technical Secretary 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 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
Technical Secretary 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 Technical Secretary 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
Technical Secretary 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 BACT, 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 BACT
(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 part (q)9. of this
paragraph.)

(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 part (q)9. of this paragraph.

9.	Maintaining the Clean Unit designation. To maintain the Clean Unit
designation, the owner or operator must conform to all the restrictions
listed in sub-parts (q)9.(i) through (v) of this paragraph. This part
(q)9. applies independently to each pollutant for which the Technical
Secretary 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 emission control comparable to BACT.

(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 BACT (e.g., possibly the emissions unit’s
capacity or throughput).

(iii)	[Reserved]

(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.	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”) unless such use
occurs before the effective date of plan requirements adopted to
implement this sub-paragraph (q) 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 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 designation 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 sub-parts (p)2.(iii) and
(q)2.(iii) of this paragraph, it must re-qualify under the requirements
that are currently applicable.

(r)	PCP exclusion procedural requirements.

1.	Before an owner or operator begins actual construction of a PCP, the
owner or operator must either submit a notice to the Technical Secretary
if the project is listed in sub-parts (b)35.(i) through (vi) of this
paragraph, or if the project is not listed in sub-parts (b)35.(i)
through (vi) of this paragraph, then the owner or operator must submit a
permit application and obtain approval to use the PCP exclusion from the
Technical Secretary consistent with the requirements in part (r)5. of
this paragraph. Regardless of whether the owner or operator submits a
notice or a permit application, the project must meet the requirements
in part (r)2. of this paragraph, and the notice or permit application
must contain the information required in part (r)3. of this paragraph.

2.	Any project that relies on the PCP exclusion must meet the
requirements in sub-parts (r)2.(i) and (ii) of this paragraph.

(i)	Environmentally beneficial analysis. The environmental benefit from
the emission reductions of pollutants regulated under the Federal Act,
including hazardous air pollutants, must outweigh the environmental
detriment of emissions increases in pollutants regulated under the
Federal Act, including hazardous air pollutants. A statement that a
technology from sub-parts (b)35.(i) through (vi) of this paragraph 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 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 Technical Secretary, the owner or operator must
include, at a minimum, the information listed in sub-parts (r)3.(i)
through (v) of this paragraph.

(i)	A description of the project.

(ii)	The potential emissions increases and decreases of any pollutant
regulated under the Federal Clean Air Act and the projected emissions
increases and decreases using the methodology in sub-parts (c)4.(i)
through (iii) of this paragraph, that will result from the project, and
a copy of the environmentally beneficial analysis required by sub-part
(r)2.(i) of this paragraph.

(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 paragraph .02(11) of this chapter.

(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 air quality analysis required by sub-parts
(r)2.(i) and (ii) of this paragraph, 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 sub-part
(r)2.(ii) of this paragraph. An air quality impact analysis is not
required for any pollutant that will not experience a significant
emissions increase as a result of the project.

4.	Notice process for listed projects. For projects listed in sub-parts
(b)35.(i) through (vi) of this paragraph, the owner or operator may
begin actual construction of the project immediately after notice is
sent to the Technical Secretary (unless otherwise prohibited under
requirements of the applicable plan). The owner or operator shall
respond to any requests by the Technical Secretary for additional
information that the Technical Secretary 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 project that is not listed in
sub-parts (b)35.(i) through (vi) of this paragraph, the project must be
approved by the Technical Secretary and recorded in a plan-approved
permit or title V permit using procedures that are consistent with
1200-3-9-.01(1) or 1200-3-9-.02(11)(f)5.(iv)40 CFR 51.160 and 51.161.
This includes the requirement that the Technical Secretary 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 Technical Secretary 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 sub-parts (r)6.(i) through
(iv) of this paragraph.

(i)	General duty. The owner or operator must operate the PCP consistent
with proper industry and engineering practices, in a manner that is
consistent with the environmentally beneficial analysis and air quality
analysis required by sub-parts (r)2.(i) and (ii) of this paragraph, with
information submitted in the notice or permit application required by
part (r)3., 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.

(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 sub-part
(r)6.(i) of this paragraph.

(iii)	Permit requirements. The owner or operator must comply with any
provisions in the 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 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.

7.	The Technical Secretary may disallow a proposed pollution control
project listed in sub-parts (b)35.(i) through (vi) of this paragraph if
evidence is available that the proposed project does not meet
requirements of part (r)2. of this paragraph.

(s)	Actuals PALs.

1.	Applicability.

(i)	The Technical Secretary may approve the use of an actuals PAL for
any existing major stationary source if the PAL meets the requirements
in parts (s)1. through 15. of this paragraph. The term “PAL” shall
mean “actuals PAL” throughout sub-paragraph (s) of this paragraph.

(ii)	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 parts (s)1. through 15.
of this paragraph, and complies with the PAL permit:

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

(II)	Does not have to be approved through the major NSR program; and

(III)	Is not subject to the provisions in part (a)6. of this paragraph
(restrictions on relaxing enforceable emission limitations that the
major stationary source used to avoid applicability of the major NSR
program).

(iii)	Except as provided under item (s)1.(ii)(III) of this paragraph, 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.  When a term is not defined in these sub-parts, it shall
have the meaning given in subparagraph (b) of this rule or in the
Federal Clean Air Act.

(i)	“Actuals PAL” for a major stationary source means a PAL based on
the baseline actual emissions (as defined in part (b)45. of this
paragraph) of all emissions units (as defined in part (b)8. of this
paragraph) at the source, that emit or have the potential to emit the
PAL pollutant.

(ii)	“Allowable emissions” means “allowable emissions” as
defined in part (b)17. of this paragraph, except as this definition is
modified according to items (s)2.(ii)(I) and (II) of this paragraph.

(I)	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.

(II)	An emissions unit’s potential to emit shall be determined using
the definition in part (b)5. of this paragraph, except that the words
“or enforceable as a practical matter” should be added after
“federally enforceable.”

(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 part (b)24. of
this paragraph or in the Federal Clean Air Act, whichever is lower.

(iv)	“Major emissions unit” means:

(I)	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

(II)	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 Federal Clean Air Act
for nonattainment areas. For example, in accordance with the definition
of major stationary source in section 182(c) of the Federal Clean Air
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 parts (s)1. through 15. of
this paragraph.

(vi)	“PAL effective date” generally means the date of issuance of
the PAL permit. However, the PAL effective date for an increased PAL is
the date any emissions unit that 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 parts (b)2.,
3., and 4. of this paragraph (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 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 Technical Secretary 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 part (b)24. of
this paragraph or in the Federal Clean Air 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 sub-part (s)2.(iv) of this
paragraph.

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 in sub-parts (s)3.(i) through
(iii) of this paragraph to the Technical Secretary 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 sub-part (s)13.(i) of this paragraph.

4.	General requirements for establishing PALs.

(i)	The Technical Secretary may establish a PAL at a major stationary
source, provided that at a minimum, the requirements in items
(s)4.(i)(I) through (VII) of this paragraph are met.

(I)	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.

(II)	The PAL shall be established in a PAL permit that meets the public
participation requirements in part (s)5. of this paragraph.

(III)	The PAL permit shall contain all the requirements of part (s)7. of
this paragraph.

(IV)	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.

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

(VI)	Each PAL shall have a PAL effective period of 10 years.

(VII)	The owner or operator of the major stationary source with a PAL
shall comply with the monitoring, recordkeeping, and reporting
requirements provided in parts (s)12. through 14. of this paragraph 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 that occur during the PAL effective period
creditable as decreases for purposes of offsets under sub-part
(5)(b)2.(v) of this rule 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 requirements for PALs. PALs for existing major
stationary sources shall be established, renewed, or increased, through
a procedure that is consistent with 40 CFR 51.160 and 51.161,
subparagraph (l) of this paragraph, part (5)(b)3. of this rule, or
1200-3-9-.02(11)(f)8. subparagraph (l) of this paragraph and part
(5)(b)3. of this rule.  This includes the requirement that the Technical
Secretary 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 Technical Secretary must address all material comments before
taking final action on the permit.

6.	Setting the 10-year actuals PAL level.

(i)	Except as provided in sub-part (s)6.(ii) of this paragraph, the
actuals PAL level for a major stationary source shall be established as
the sum of the baseline actual emissions (as defined in part (b)(45) of
this paragraph) of the PAL pollutant for each emissions unit at the
source; plus an amount equal to the applicable significant level for the
PAL pollutant under part (b)24. of this paragraph or under the Federal
Clean Air 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 shut down after this 24-month period must be
subtracted from the PAL level. The Technical Secretary 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 Technical Secretary 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).

(ii)	For newly constructed units (which do not include modifications to
existing units) on which actual construction began after the 24-month
period, in lieu of adding the baseline actual emissions as specified in
sub-part (s)6.(i) of this paragraph, the emissions must be added to the
PAL level in an amount equal to the potential to emit of the units.

7.	Contents of the PAL permit. The PAL permit shall contain, at a
minimum, the information in sub-parts (s)7.(i) through (x) of this
paragraph.

(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 part (s)10.
of this paragraph 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 Technical
Secretary.

(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 part (s)9. of this paragraph.

(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 sub-part (s)13.(i) of this paragraph.

(vii)	A requirement that the major stationary source owner or operator
monitor all emissions units in accordance with the provisions under part
(s)13. of this paragraph.

(viii)	A requirement to retain the records required under part (s)12. of
this paragraph on site. Such records may be retained in an electronic
format.

(ix)	A requirement to submit the reports required under part (s)14. of
this paragraph by the required deadlines.

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

8.	PAL effective period and reopening of the PAL permit.

(i)	PAL effective period. The Technical Secretary shall specify a PAL
effective period of 10 years.

(ii)	Reopening of the PAL permit.

(I)	During the PAL effective period, the Technical Secretary shall
reopen the PAL permit to:

I	Correct typographical/calculation errors made in setting the PAL or
reflect a more accurate determination of emissions used to establish the
PAL;

II	Reduce the PAL if the owner or operator of the major stationary
source creates creditable emissions reductions for use as offsets under
sub-part (5)(b)2.(v) of this rule; and

III	Revise the PAL to reflect an increase in the PAL as provided under
part (s)11. of this paragraph.

(II)	The Technical Secretary may reopen the PAL permit for the
following:

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

II	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; and

III	Reduce the PAL if the Technical Secretary 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 AQRV 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)	Except for the permit reopening in sub-item (s)8.(ii)(I)I of this
paragraph for the correction of typographical/calculation errors that do
not increase the PAL level, all reopenings shall be carried out in
accordance with the public participation requirements of part (s)5. of
this paragraph.

9.	Expiration of a PAL. Any PAL that is not renewed in accordance with
the procedures in part (s)10. of this paragraph shall expire at the end
of the PAL effective period, and the requirements in sub-part (s)9.(i)
through (v) of this paragraph 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 items
(s)9.(i)(I) and (II) of this paragraph.

(I)	Within the time frame specified for PAL renewals in sub-part
(s)10.(ii) of this paragraph, 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 Technical Secretary) 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 sub-part (s)10.(v) of this
paragraph, such distribution shall be made as if the PAL had been
adjusted.

(II)	The Technical Secretary 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 Technical Secretary determines is appropriate.

(ii)	Each emissions unit(s) shall comply with the allowable emission
limitation on a 12-month rolling basis. The Technical Secretary 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 Technical Secretary issues the revised permit
incorporating allowable limits for each emissions unit, or each group of
emissions units, as required under item (s)9.(i)(II) of this paragraph,
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 major NSR requirements if
such change meets the definition of major modification in parts (b)2.
and 3. of this paragraph.

(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 part (a)6. of this
paragraph, but were eliminated by the PAL in accordance with the
provisions in item (s)1.(ii)(III) of this paragraph.

10.	Renewal of a PAL.

(i)	The Technical Secretary shall follow the procedures specified in
part (s)5. of this paragraph 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 Technical Secretary.

(ii)	Application deadline. A major stationary source owner or operator
shall submit a timely application to the Technical Secretary 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 items (s)10.(iii)(I) through
(IV) of this paragraph.

(I)	The information required in sub-parts (s)3.(i) through (iii) of this
paragraph.

(II)	A proposed PAL level.

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

(IV)	Any other information the owner or operator wishes the Technical
Secretary to consider in determining the appropriate level for renewing
the PAL.

(iv)	PAL adjustment. In determining whether and how to adjust the PAL,
the Technical Secretary shall consider the options outlined in items
(s)10.(iv)(I) and (II) of this paragraph. However, in no case may any
such adjustment fail to comply with item (s)10.(iv)(III) of this
paragraph.

(I)	If the emissions level calculated in accordance with part (s)6. of
this paragraph is equal to or greater than 80 percent of the PAL level,
the Technical Secretary may renew the PAL at the same level without
considering the factors set forth in item (s)10.(iv)(II) of this
paragraph; or

(II)	The Technical Secretary 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 Technical Secretary in its written rationale.

(III)	Notwithstanding items (s)10.(iv)(I) and (II) of this paragraph:

I	If the potential to emit of the major stationary source is less than
the PAL, the Technical Secretary shall adjust the PAL to a level no
greater than the potential to emit of the source; and

II	The Technical Secretary shall not approve a renewed PAL level higher
than the current PAL, unless the major stationary source has complied
with the provisions of part (s)11. of this paragraph (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 Technical Secretary 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 Technical Secretary may increase a PAL emission limitation only
if the major stationary source complies with the provisions in items
(s)11.(i)(I) through (IV) of this paragraph.

(I)	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.

(II)	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.

(III)	The owner or operator obtains a major NSR permit for all emissions
unit(s) identified in item (s)11.(i)(I) of this paragraph, 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 major NSR process (for
example, BACT), even though they have also become subject to the PAL or
continue to be subject to the PAL.

(IV)	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 Technical Secretary 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 item (s)11.(i)(II) of this paragraph),
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 part (s)5. of this
paragraph.

12.	Monitoring requirements for PALs

(i)	General requirements.

(I)	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 enforce the PAL permit.

(II)	The PAL monitoring system must employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in items (s)12.(ii)(I) through (IV) of this paragraph and must be
approved by the Technical Secretary.

(III)	Notwithstanding item (s)12.(i)(II) of this paragraph, you may also
employ an alternative monitoring approach that meets item (s)12.(i)(I)
of this paragraph if approved by the Technical Secretary.

(IV)	Failure to use a monitoring system that meets the requirements of
this paragraph 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 sub-parts
(s)12.(iii) through (ix) of this paragraph:

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

(II)	CEMS;

(III)	CPMS or PEMS; and

(IV)	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:

(I)	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;

(II)	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

(III)	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 Technical Secretary
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:

(I)	CEMS must comply with applicable Performance Specifications found in
40 CFR part 60, appendix B; and

(II)	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:

(I)	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

(II)	Each CPMS or PEMS must sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
Technical Secretary, 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:

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

(II)	The emissions unit shall operate within the designated range of use
for the emission factor, if applicable; and

(III)	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 Technical Secretary 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 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 sub-parts (s)12.(iii) through
(vii) of this paragraph, 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 Technical Secretary shall, at the time of permit
issuance:

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

(II)	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 Technical Secretary. 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 to retain a copy
of all records necessary to determine compliance with any requirement of
subparagraph (s) of this paragraph 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:

(I)	A copy of the PAL permit application and any applications for
revisions to the PAL; and

(II)	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 Technical Secretary in accordance with the applicable title V
operating permit program. The reports shall meet the requirements in
sub-parts (s)14.(i) through (iii) of this paragraph.

(i)	Semi-annual report. The semi-annual report shall be submitted to the
Technical Secretary within 30 days of the end of each reporting period.
This report shall contain the information required in items (s)14.(i)(I)
through (VII) of this paragraph.

(I)	The identification of owner and operator and the permit number.

(II)	Total annual emissions (tons/year) based on a 12-month rolling
total for each month in the reporting period recorded pursuant to
sub-part (s)13.(i) of this paragraph.

(III)	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.

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

(V)	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.

(VI)	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 sub-part (s)12.(vii) of
this paragraph.

(VII)	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.

(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 item .02(11)(e)1.(iii)(III) of this chapter
shall satisfy this reporting requirement. The deviation reports shall be
submitted within the time limits prescribed by item
.02(11)(e)1.(iii)(III) of this chapter. The reports shall contain the
following information:

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

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

(III)	Emissions resulting from the deviation or the exceedance; and

(IV)	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
Technical Secretary the results of any re-validation test or method
within three months after completion of such test or method.

15.	Transition requirements.

(i)	The Technical Secretary may not issue a PAL that does not comply
with the requirements in parts (s)1. through 15. of this paragraph after
the Administrator has approved regulations incorporating these
requirements into the State Implementation Plan (SIP).

(ii)	The Technical Secretary may supersede any PAL which was established
prior to the date of approval of the plan by the Administrator with a
PAL that complies with the requirements of parts (s)1. through 15. of
this paragraph.

(t)	If any provision of this section, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this section, 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.

(5)	Growth Policy

(a)	Attainment and Unclassified Areas

	The Technical Secretary shall not grant a permit for the construction
or modification of any air contaminant source in an attainment or
unclassified area if such construction or modification will interfere
with the maintenance of an air quality standard  or PSD increment where
applicable, or will violate any provisions of the Tennessee Air Quality
Act, or section 165 (a)(3) of the Clean Air Act, Amendments of 1990.

(b)	Nonattainment Areas

1.	Definitions as used in this subparagraph are not alphabetized. All
terms not defined herein shall have the meaning given them in Chapter
1200-3-2.

(i)	“Stationary source” means any building, structure, facility, or
installation which emits or may emit any air contaminant subject to
regulation under this Division 1200-3.a regulated NSR pollutant.

(ii)	“Building, structure, facility, or installation” means all of
the air contaminant-emitting activities which belong to the same
industrial grouping, are located on one or more contiguous or adjacent
properties, and are under the control of the same person (or persons
under common control).  Air contaminant-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) which
is specified in the Standard Industrial Classification Manual, 1972, as
amended by the 1977 Supplement (U.S. Government Printing Office stock
numbers 4101-0065 and<PHONE_NUMBER>6-0, respectively)).

(iii)	“Potential to emit” means the maximum capacity of a stationary
source to emit an air contaminant under its physical and operational
design.  Any physical or operational limitation on the capacity of the
source to emit an air contaminant, including air contaminant 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 “legally enforceable.”  Secondary emissions do not
count in determining the “potential to emit” of a stationary source.

(iv)	“Major stationary source” means:

(I)	Any stationary source of air contaminants which emits, or has the
potential to emit, 100 tons per year or more of any air contaminants
regulated under this Division 1200-3regulated NSR pollutant, or

(II)	Any physical change that would occur at a stationary source not
qualifying under items (iv)(I) as a major stationary source, if the
change would constitute a major stationary source by itself.

(III)	A major stationary source that is major for volatile organic
compounds or nitrogen oxides shall be considered major for ozone.

(IV)	The fugitive emissions of a stationary source shall not be included
in determining for any of the purposes of this Item, whether it is a
major stationary source, unless the source belongs to one of the
following categories of stationary sources:

I	Coal cleaning plants (with thermal dryers);

II	Kraft pulp mills;

III	Portland cement plants;

IV	Primary zinc smelters;

V	Iron and steel mills;

VI	Primary aluminum ore reduction plants;

VII	Primary copper smelters;

VIII	Municipal incinerators (or combination thereof) capable of charging
more than 250 tons of refuse per day;

IX	Hydrofluoric, sulfuric, or nitric acid plants;

X	Petroleum refineries;

XI	Lime plants;

XII	Phosphate rock processing plants;

XIII	Coke oven batteries;

XIV	Sulfur recovery plants;

XV	Carbon black plants (furnace process);

XVI	Primary lead smelters;

XVII	Fuel conversion plants;

XIII	Sintering plants;

XIX	Secondary metal production plants;

XX	Chemical process plants;

XXI	Fossil-fuel boilers (or combination thereof) totaling more than 250
million British thermal units per hour heat input;

XXII	Petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels;

XXIII	Taconite ore processing plants;

XXIV	Glass fiber processing plants;

XXV	Charcoal production plants;

XXVI	Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input; and

XXVII	Any other stationary source category which, as of August 7, 1980,
is being regulated under Chapter 1200-3-16, New Source Performance
Standards or Chapter 1200-3-11, Hazardous Air Contaminants or Chapter
1200-3-31, Standards For Hazardous Air Contaminants For Source
Categories.

(v)	Major modification:

(I)	“Major modification” means any physical change in or change in
the method of operation of a major stationary source that would result
in:

I	 Aa significant net emissions increase of a regulated NSR pollutant
(as defined in sub-part 1.(xlix) of this subparagraph).for any pollutant
subject to regulations under Subpart 1200-3-9-.01(5)(b)1.(x).

II.	A significant net emissions increase of that pollutant from the
major stationary source.

(II)	Any significant emissions increase (as defined in sub-part
1.(xxxix) of this subparagraph) from any emissions units or net
emissions increase (as defined in sub-part 1.(vi) of this subparagraph)
at a major stationary source that is significant for volatile organic
compounds shall be considered significant for ozone.

Any net emissions increase that is considered significant for volatile
organic compounds or nitrogen oxides shall be considered significant for
ozone.

(III)	A physical change or change in the method of operation shall not
include:

I	Routine maintenance, repair, and replacement;

II	Use of an alternative fuel or raw material by reason of any order
under section 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;

III	Use of an alternative fuel by reason of an order or Rule under
Section 125 of the Clean Air Act Amendments, August 7, 1977;

IV	Use of an alternative fuel at a steam generating unit (burning
equipment of 250 million BTU’s per hour or larger) to the extent that
the fuel is generated from municipal solid waste as determined by the
Tennessee Division of Solid Waste Management.

V	Use of an alternative fuel or raw material by a stationary source
which the source was capable of accommodating before December 12, 1976,
unless such change would be prohibited under a legally enforceable
permit condition which was established after December 12, 1976, pursuant
to 40 CFR Part 52.21 (July 1, 1993), or under regulations approved
pursuant to 40 CFR Part 51 Subpart I or 51.166 (July 1, 1993), or the
source is approved to use under any permit issued pursuant to this
paragraph;

VI	An increase in the hours of operation or in the production rate,
unless such change would be prohibited under a legally enforceable
permit condition which was established after December 21, 1976, pursuant
to 40 CFR Part 52.21 (July 1, 1993) or regulations approved pursuant to
40 CFR Part 51 Subpart I or 40 CFR Part 51.166 (July 1, 1993).

VII	Any change in ownership at a stationary source.

VIII	The addition, replacement, or use of a PCP, as defined in sub-part
1.(xxxvii) of this subparagraph, at an existing emissions unit meeting
the requirements of part 9. of this subparagraph. A replacement control
technology must provide more effective emissions control than that of
the replaced control technology to qualify for this exclusion.

(IV)	This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under part 10. of this subparagraph for a PAL for
that pollutant. Instead, the definition at item 10.(ii)(VIII) of this
subparagraph shall apply.

(vi)	Net emission increases

(I)	“Net emissions increase” means, with respect to any regulated
NSR pollutant emitted by a major stationary source, the amount by which
the sum of the following exceeds zero:

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 sub-parts 2.(xii) through (xvii) of this subparagraph; andAny
increase in actual emissions from a particular physical change or change
in the method of operation at a stationary source; and

II	Any other increases and decreases in actual emissions at the major
stationary source that are contemporaneous with the particular change
and are otherwise creditable. Baseline actual emissions for calculating
increases and decreases under this sub-item II shall be determined as
provided in sub-part 1.(xlvii) of this subparagraph, except that
sub-items 1.(xlvii)(I)III and IV of this subparagraph shall not
apply.Any other increases and decreases in actual emissions at the
stationary source that are contemporaneous with the particular change
and are otherwise creditable.

(II)	An increase or decrease in the 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.

(III)	An increase or decrease in actual emissions is creditable only if;

I	It occurs within a reasonable period to be specified by the Technical
Secretary; andIt occurs within a 5 year period or shorter time as
specified by the Technical Secretary; and

II	The Technical Secretary has not relied on it in issuing a permit for
the source under regulations approved pursuant to 40 CFR Part 51 Subpart
I.(July 1, 1993), which permit is in effect when the increase in actual
emissions from the particular change occurs.; and

III	The increase or decrease in emissions did not occur at a Clean Unit,
except as provided in sub-parts 7.(viii) and 8.(x) of this subparagraph.

(IV)	An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.

(V)	A decrease in actual emissions is creditable only to the extent
that:

I	The old level of actual emission or the old level of allowable
emissions which ever is the lower, exceeds the new level of actual
emissions; and

II	It is enforceable as a practical matter at and after the time that
actual construction on the particular change begins; andIt is legally
enforceable at and after the time that actual construction on the
particular change begins; and

III	The Technical Secretary has not relied on it in issuing any permit
under regulation approved pursuant to 40 CFR Part 51 Subpart I (July 1,
1993 ) or the Technical Secretary has not relied on it in demonstrating
attainment or reasonable further progress; and

IV	It has approximately the same qualitative significance for public
health and welfare as that attributed to the increase from the
particular change; and.

V	The decrease in actual emissions did not result from the installation
of add-on control technology or application of pollution prevention
practices that were relied on in designating an emissions unit as a
Clean Unit under part 8. of this subparagraph or subparagraph (5)(q) of
this rule. That is, once an emissions unit has been designated as a
Clean Unit, the owner or operator cannot later use the emissions
reduction from the air pollution control measures that the Clean Unit
designation is based on in calculating the net emissions increase for
another emissions unit (i.e., must not use that reduction in a
“netting analysis” for another emissions unit). However, any new
emissions reductions that were not relied upon in a PCP excluded
pursuant to part 9. of this subparagraph or for a Clean Unit designation
are creditable to the extent they meet the requirements in item
9.(vi)(IV) of this subparagraph for the PCP and sub-parts 7.(viii) or
8.(x) of this subparagraph for a Clean Unit.

(VI)	An increase that results from a physical change at a stationary
source occurs when the emissions unit on which construction occurred
becomes operational and begins to emit a particular air contaminant.
Any replacement unit that requires shakedown becomes operational only
after a reasonable shakedown period as determined by the Technical
Secretary, not to exceed 180 days.

(VII)	Item 1.(xiii)(I) of this subparagraph shall not apply for
determining creditable increases and decreases or after a change.

(vii)	“Emissions unit” means any part of a stationary source that
emits or would have the potential to emit any regulated NSR pollutant.
This definition includes an electric steam generating unit as defined in
sub-part 1.(lvi) of this subparagraph. For purposes of this section,
there are two types of emissions units as described in items 1.(vii)(I)
and (II) of this subparagraph.

(I)	A new emissions unit is any emissions unit which is (or will be)
newly constructed and which has existed for less than 2 years from the
date such emissions unit first operated.

(II)	An existing emissions unit is any emissions unit that does not meet
the requirements in item 1.(vii)(I) of this subparagraph. A replacement
unit, as defined in sub-part 1.(xxxvi) of this subparagraph, is an
existing emissions unit."Emissions unit" means any part of a stationary
source which emits or would have the potential to emit any air
contaminant subject to regulation under this Division 1200-3.

(viii)	“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.  For the purposes of this rule, 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.  Secondary emissions include, emissions from
any off-site support facility which would not otherwise be constructed
or increase its emissions except as a result of the construction or
operation of the major stationary source of major modification.
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.

(ix)	“Fugitive emissions” means those emissions which could not
reasonably pass through a stack, chimney, vent or other functionally
equivalent opening.

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

(I)	Air Contaminant and Emissions Rate

I	Carbon monoxide:  100 tons per year (tpy)

II	Nitrogen Oxides: 40  tpy

III	Sulfur dioxide:  40 tpy

IV	Ozone:  40 tpy of an ozone precursor

V	Lead:  0.6 tpy

VI	PM10: 15 tpy

(xi)	“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 legally enforceable limits which restrict the
operating rate, or hours of operation, or both) and the most stringent
of the following:

(I)	The applicable standards set forth in:

I	The New Source Performance Standards (NSPS) or;

II	The National Emission Standards for Hazardous Air Pollutants (NESHAP)
contained in Chapter 1200-3-11 and Chapter 1200-3-31 or;

III	Limits established pursuant to the applicable standards under
Division 1200-3 or;

IV	In the State Implementation Plan, emissions rates, specified as a
legally enforceable permit condition established pursuant to this rule
1200-3-9-.01 including those with a future compliance date

(xii)	“Legally enforceable” means all limitations and conditions
which are enforceable by the Technical Secretary and the EPA
Administrator and are included under this Division 1200-3 and the State
Implementation Plan.  All orders issued by the Tennessee Air Pollution
Control Board, operating permits and their respective special conditions
issued in accordance with the Act and Regulations, and any certificate
authorized by the Act or the Regulations shall be taken to public
hearing and made part of the State Implementation Plan by the Board to
be legally enforceable.

(xiii)	“Actual emissions” means the actual rate of emissions of a
regulated NSR pollutant from an emissions unit, as determined in
accordance with items 1.(xiii)(I) through (III) of this subparagraph,
except that this definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a PAL
under part 10. of this subparagraph. Instead, sub-parts 1.(xxxix) and
(xlvii) of this subparagraph shall apply for those purposes."Actual
emissions" means the actual rate of emissions of an air contaminant from
an emissions unit, as determined in accordance with items (I) through
(III) below.

(I)	In general, actual emissions as of a particular date shall equal the
average rate, in tons per year, at which the emissions unit actually
emitted the air contaminant during a two-yearconsecutive 24-month period
which precedes the particular date and which is representative of normal
source operation.  The Technical Secretary may allow the use of a
different time period upon a determination that it is more
representative of normal source operation.  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.

(II)	In the absence of reliable data, the Technical Secretary may
presume that permitted-specific allowable emissions for the emissions
unit are equivalent to the actual emissions of the emissions unit.

(III)	For any emissions unit whichthat has not begun normal operations
on the particular date, actual emissions shall equal the potential to
emit of the unit on that date.

(xiv)	“Construction” means any physical change or change in the
method of operation (including fabrication, erection, installation,
demolition, or modification of an emissions unit) whichthat would result
in a change in actual emissions.

(xv)	“Commence Construction”

	“Commence construction” as applied to a major stationary source or
major modification means that the owner or operator has all necessary
construction permits and either has begun, or caused to begin, a
continuous program of actual on-site construction of the stationary
source, to be completed within a reasonable time; or 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 stationary source to
be completed within a reasonable time.

(xvi)	“Necessary Preconstruction permits” means those permits
required under the Federal air quality control laws and regulations
which are part of the approved SIP under Division 1200-3.

(xvii)	“Begin actual construction” means, in general, initiation of
physical on-site construction activities on an emissions unit which are
of a permanent nature.  Such activities include, but are not limited to,
installation of building supports and foundations, laying of underground
pipe work, and construction of permanent storage structures.  With
respect to a change in method of operation this term refers to those
on-site activities, other than preparatory activities, which mark the
initiation of the change.

(xviii)	“Lowest achievable emission rate”  (LAER) means, for any
major stationary source or major modifications, the more stringent rate
of emissions based on the following:

(I)	The most stringent emissions limitation which is contained in the
applicable standards under this Division 1200-3, or in any State
Implementation Plan for such class or category of stationary source,
unless the owner or operator of the proposed source demonstrates that
such limitations are not achievable; or

(II)	The most stringent emissions limitation which is achieved in
practice by such class or category of stationary sources.  This
limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within the
stationary source.  In no event shall the application of this term
permit a proposed new or modified stationary source to emit any air
contaminantpollutant in excess of the amount allowable under applicable
New Source Standards of Performance.

(xix)	“Significantly impact” means the contribution by a new
stationary source or modification to the air quality in a nonattainment
area in concentrations equal to or greater than the amount as follows:

Averaging Time and Applicable Concentration

Pollutant	Annual	24 Hour	3 Hour	8 Hour	1 Hour.

Sulfur

  Dioxide	1 µg/m3	5 µg/m3	25 µg/m3

PM10	1 µg/m3	5 µg/m3

Carbon

  Monoxide				500 µg/m3	2000 µg/m3

Nitrogen

  Oxide 	1 µg/m3

(xx)	“Minor stationary source” means any source which is not a major
stationary source

(xxi)	“Minor modification” means

(I)	Any modification which is not a major modification; or

(II)	Any modification which is a physical change in or a change in the
method of operation of a minor stationary source provided the change
would not constitute a major stationary source by itself.

(xxii)	“Reasonable stack heights” means a stack height which will
minimize air quality impact, not to exceed the Tennessee ambient air
quality standards in any case.  The Technical Secretary shall on a
case-by-case basis, taking into account the existing air quality in the
area and the economic costs to the stationary source, determine the
achievable stack height to be used by the stationary source or
modification.  In no circumstance shall the stack height be less than 20
feet above ground level, or be required to exceed stack height
procedure.  Stacks not emitting the nonattainment pollutants are not
required to meet the minimum stack height requirement.  Stationary
sources which emit volatile organic compounds and nitrogen oxide and are
located in ozone nonattainment areas will not be required to meet the
minimum stack height requirement.

(xxiii)	“Reasonable Further Progress” (RFP)  means such annual
incremental reductions in emissions of the relevant air pollutant as are
required by this part or may reasonably be required by the Technical
Secretary or the EPA Administrator for the purpose of ensuring
attainment of the applicable ambient air quality standard by the
applicable date.

(xxiv)	“Reasonable available control technology” (RACT) means
devices, systems, process modifications, or other apparatus or
techniques that are reasonably available taking into account:

(I)	The necessity of imposing such controls in order to attain and
maintain an ambient air quality standard,

(II)	The social, environmental and economic impact of such controls, and

(III)	Alternative means of providing for attainment and maintenance of
such standard.

(xxv)	“Compliance schedule” means a chronology of actions to be
taken by a noncomplying source to bring it into full compliance with
Division 1200-3 or permits issued thereto.  Generally speaking,
compliance schedule increments will be divided into (1) engineering
evaluation for problem solution, (2) procurement of the equipment and/or
services necessary to solve the problem, (3) on-site delivery of the
equipment, (4) completion of the equipment’s installation including
startup of said equipment and (5) source testing to establish the air
contaminant emission levels of the completed installation if required by
the Technical Secretary.

(xxvi)	“Air contaminant” is particulate matter, dust, fumes, gas,
mist, smoke, or vapor, or any combinations thereof, total suspended
particulates, PM10, sulfur dioxide, carbon monoxide, ozone, nitrogen
oxides, lead, and gaseous fluorides expressed as HF.

(xxvii)	 “Good Engineering Practice” (GEP)

	(GEP)	Stack height means the greater of:

(I)	65 meters, measured from the ground-level elevation at the base of
the stack or,

(II)	I	For a stack in existence on January 12, 1979, and for which the
owner or operator had obtained all applicable permits or approvals
required under 40 CFR part 51 and 52 (July 1, 1993)

Hg  = 2.5 H,

provided the owner or operator produces evidence that this equation was
actually relied on in establishing an emission limitation;

II	For all other stacks,

Hg  =  H + 1.5L

where

Hg =	good engineering practice stack height, measured from the
ground-level elevation at the base of the stack.  This is the height at
which structural downwash no longer influences computer modeled ambient
impacts.

H  =	height of nearby structure(s) measured from the ground-level
elevation at the base of the stack.

L  =	lesser dimension, height or projected width, of nearby structure(s)

provided that the Technical Secretary may require the use of a field
study or fluid model to verify GEP stack height for the source; or

(III)	The height demonstrated by a fluid model or a field study approved
by the Technical Secretary, which ensures that the emissions from a
stack do not result in excessive concentrations of any air pollutant as
a result of atmospheric downwash, wakes, or eddy effects created by the
source itself, nearby structures or nearby terrain features.

(xxviii)	“Nonattainment Area” means any area that does not meet (or
that contributes to ambient air quality in a nearby area that does not
meet) any ambient air quality standard for the pollutant.  As used in
this chapter “nonattainment area” includes all the areas as defined
by 1200-3-2-.01(1)(ffff) plus any areas determined as not meeting any
ambient air quality standards as a result of required monitoring as part
of a construction permit application.  The demonstration required under
section 165(a)(3) of the 1990 Clean Air Act, shall not apply to maximum
allowable increases for Class II areas in the case of an expansion or
modification of a major emitting facility which was in existence on the
date of enactment of the Clean Air Act, Amendments of 1977, and whose
allowable emissions of air pollutants is established as required in sub
section 165(a)(4) of the 1990 Clean Air Act.

(xxix)	(Reserved)

(xxx)	“Volatile Organic Compounds” and “exempt compounds” have
the same meaning as defined in Division 1200-3-18-.01 Definitions.

(xxxi)	“Ambient Air Quality Standard” (AAQS) means any Primary
Ambient Air Quality Standard or Secondary Ambient Air Quality Standard
or Tennessee Ambient Air Quality Standard as defined in Chapter
1200-3-3.

(xxxii)	“Class I, Class II, or Class III” areas means areas of the
state as defined by Division 1200-3-9-.01(4)(g).

(xxxiii)	“Ozone precursor” means volatile organic compounds and/or
nitrogen oxides.  A proposed new source or a net emissions increase at
an existing source in an ozone transport region (or an ozone
nonattainment area) can be classified as major based on either VOC or
NOx emissions or both (but not in combination).  That is, the
determination of major must be made individually for each pollutant,
since VOC and NOx emissions cannot be added to meet the minimum level
required for such a demonstration.

(I)	Notwithstanding sub-part (xxxiii) of this part, NOx shall not be
considered an ozone precursor when:

I	Additional NOx emissions reductions would not be expected to decrease
ozone; and

II	The Administrator of EPA determines, for certain classes or
categories of sources (when the Administrator approves the Tennessee
State Implementation Plan or Plan revision), that net air quality
benefits would be greater in the absence of further nitrogen oxides
reductions from sources concerned.

(xxxiv)	“Stack height procedures” means those procedures that must
provide that the degree of emission limitation required of any source
for control of any air pollutant must not be affected by so much of any
source’s stack height that exceed good engineering practice or by any
other dispersion technique, except as provided in 40 CFR Part 51.118(b)
(July 1, 1993 ). Such procedures must provide that before the Technical
Secretary issues a permit to a source based on a good engineering
practice stack height that exceeds the height allowed by 40 CFR Part
51.100(ii) (1) or (2)(July 1, 1993), the Technical Secretary must notify
the public of the availability of the demonstration study and must
provide opportunity for public hearing on it.  This subpart does not
require such procedures to restrict in any manner the actual stack
height of any source.

(xxxv)	“Portable Stationary Source” means any source that is mounted
on any chassis or skids and may be moved by the application of a lifting
or pulling force.  In addition, there shall be no cable, chain,
turnbuckle, bolt or other means (except electrical connections) by which
any piece of equipment is attached or clamped to any anchor, slab, or
structure, including bedrock that must be removed prior to the
application of a lifting or pulling force for the purpose of
transporting the unit, except that such connection as deemed appropriate
by the Technical Secretary may be exempted for safety considerations
from the specified restrictions on a qualifying source.

(xxxvi)	Replacement unit means an emissions unit for which all the
criteria listed in items 1.(xxxvi)(I) through (IV) of this subparagraph
are met. No creditable emission reductions shall be generated from
shutting down the existing emissions unit that is replaced.

(I)	The emissions unit is a reconstructed unit within the meaning of
part (4)(b)54. of this rulesub-part 16-.01(9)(b)2.(i) of this division,
or the emissions unit completely takes the place of an existing
emissions unit.

(II)	The emissions unit is identical to or functionally equivalent to
the replaced emissions unit.

(III)	The replacement does not alter the basic design parameters of the
process unit.

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

(xxxvii)	“Pollution control project (PCP)” means any activity, set
of work practices or project (including pollution prevention as defined
under sub-part 1.(xxxviii) of this subparagraph) undertaken at an
existing emissions unit that reduces emissions of air pollutants from
such unit. Such qualifying activities or projects can include the
replacement or upgrade of an existing emissions control technology with
a more effective unit. Other changes that may occur at the source are
not considered part of the PCP if they are not necessary to reduce
emissions through the PCP. Projects listed in items (I) through (VI)
below are presumed to be environmentally beneficial pursuant to item
9.(ii)(I) of this subparagraph. Projects not listed in these paragraphs
may qualify for a case-specific PCP exclusion pursuant to the
requirements of sub-parts 9.(ii) and (v) of this subparagraph.

(I)	Conventional or advanced flue gas desulfurization or sorbent
injection for control of SO2.

(II)	Electrostatic precipitators, baghouses, high efficiency
multiclones, or scrubbers for control of particulate matter or other
pollutants.

(III)	Flue gas recirculation, low-NOX burners or combustors, selective
non-catalytic reduction, selective catalytic reduction, low emission
combustion (for IC engines), and oxidation/absorption catalyst for
control of NOX.

(IV)	Regenerative thermal oxidizers, catalytic oxidizers, condensers,
thermal incinerators, hydrocarbon combustion flares, biofiltration,
absorbers and adsorbers, and floating roofs for storage vessels for
control of volatile organic compounds or hazardous air pollutants. For
the purpose of this subparagraph, “hydrocarbon combustion flare”
means either a flare used to comply with an applicable NSPS or MACT
standard (including uses of flares during startup, shutdown, or
malfunction permitted under such a standard), or a flare that serves to
control emissions of waste streams comprised predominately of
hydrocarbons and containing no more than 230 mg/dscm hydrogen sulfide.

(V)	Activities or projects undertaken to accommodate switching (or
partially switching) to an inherently less polluting fuel, to be limited
to the following fuel switches:

I	Switching from a heavier grade of fuel oil to a lighter fuel oil, or
any grade of oil to 0.05 percent sulfur diesel (i.e., from a higher
sulfur content #2 fuel or from #6 fuel, to CA 0.05 percent sulfur #2
diesel);

II	Switching from coal, oil, or any solid fuel to natural gas, propane,
or gasified coal;

III	Switching from coal to wood, excluding construction or demolition
waste, chemical or pesticide treated wood, and other forms of
“unclean” wood;

IV	Switching from coal to #2 fuel oil (0.5 percent maximum sulfur
content); and

V	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 sub-items 1.(xxxvii)(VI)I and II of this
subparagraph.

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

II	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 sections 1.(xxxvii)(VI)IIA
through D of this subparagraph.

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

B	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.

C	Calculate the projected ODP-weighted amount by multiplying the
projected future annual usage of the new substance by its ODP.

D	If the value calculated in section 1.(xxxvii)(VI)IIB of this
subparagraph is more than the value calculated in section
1.(xxxvii)(VI)IIC of this subparagraph, then the projected use of the
new substance is lower, on an ODP-weighted basis, than the baseline
usage of the replaced ODS.

(xxxviii)	“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.

(xxxix)	“Significant emissions increase” means, for a regulated NSR
pollutant, an increase in emissions that is significant (as defined in
sub-part 1.(x) of this subparagraph) for that pollutant.

(xl)	“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 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.

(I)	In determining the projected actual emissions under sub-part 1.(xl)
of this subparagraph before beginning actual construction, the owner or
operator of the major stationary source:

I	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

II	Shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions; and

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 24-month period used to establish the baseline
actual emissions under sub-part 1.(xlvii) of this subparagraph and that
are also unrelated to the particular project, including any increased
utilization due to product demand growth; or,

(II)	In lieu of using the method set out in sub-items 1.(xl)(I)I through
III of this subparagraph, may elect to use the emissions unit’s
potential to emit, in tons per year, as defined under sub-part 1.(iii)
of this subparagraph.

(xli)	“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 part 7. of this subparagraph; or any emissions unit
that has been designated by the Technical Secretary as a Clean Unit,
based on the criteria in items 8.(iii)(I) through (IV) of this
subparagraph, using a SIP-approved permitting process.

(xlii)	“Nonattainment major new source review (NSR) program” means a
major source preconstruction permit program that has been approved by
the Administrator and incorporated into the SIP to implement the
requirements of this subparagraph, or a program that implements 40 CFR
51, appendix S, Sections I through VI. Any permit issued under such a
program is a major NSR permit.

(xliii)	“Continuous emissions monitoring system” (CEMS) means all of
the equipment that may be required to meet the data acquisition and
availability requirements of this section, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.

(xliv)	“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.

(xlv)	“Continuous parameter monitoring system” (CPMS) means all of
the equipment necessary to meet the data acquisition and availability
requirements of this section, 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.

(xlvi)	“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).

(xlvii)	“Baseline actual emissions” means the rate of emissions, in
tons per year, of a regulated NSR pollutant, as determined in accordance
with items 1.(xlvii)(I) through (IV) of this subparagraph.

(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 Technical Secretary shall allow the use
of a different time period upon a determination that it is more
representative of normal source operation.

I.	The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.

II.	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.

III.	For a regulated NSR pollutant, when a project involves multiple
emissions units, one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  However, the Technical Secretary is authorized to allow the
use of multiple, pollutant specific 24-month baselines in determining
the magnitude of a significant net emissions increase and the
applicability of major new source review requirements if all of the
following conditions are met:

A.	Construction of a new source or modification would become subject to
major new source review if a single 2-year baseline is used for all
pollutants.

B.	One or more pollutants were emitted during such 2-year period in
amounts that were less than otherwise permitted for reasons other than
operations at a lower production or utilization rate.  Qualifying
examples include, but are not limited to, the voluntary use of:

(A)	a cleaner fuel than otherwise permitted in a fuel burning operation
(e.g., natural gas instead of coal in a multi-fuel boiler),

(B)	a coating with a lower VOC content than otherwise permitted in a
coating operation,

(C)	a voluntary improvement in the control efficiency of an air
pollution control device or the voluntary addition of a control device
where one did not exist before, and

(D)	alternate production methods, raw materials, or products that result
in lower emissions of one or more pollutants.

C.		Use of alternate 2-year baselines for the pollutants described in 2.
above would result in the construction of the new source or modification
not being subject to major new source review.

D.		The use of the multiple baselines is not prohibited by any
applicable provision of the USEPA’s new source review regulations.

	The burden for demonstrating that these conditions are met is upon the
permit applicant.  The demonstration and the Technical Secretary’s
approval will be made a part of the permit record.

IV.	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 sub-item 1.(xlvii)(I)II of this subparagraph.

(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 Technical
Secretary for a permit required either under this subparagraph 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.

I.	The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.

II.	The average rate shall be adjusted downward to exclude any
non-compliant emissions that occurred while the source was operating
above an emission limitation that was legally enforceable during the
consecutive 24-month period.

III.	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 40 CFR 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 item 2.(v)(VII) of this
subparagraph.

IV.	For a regulated NSR pollutant, when a project involves multiple
emissions units, one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  However, the Technical Secretary is authorized to allow the
use of multiple, pollutant specific 24-month baselines in determining
the magnitude of a significant net emissions increase and the
applicability of major new source review requirements if all of the
following conditions are met:

A.	Construction of a new source or modification would become subject to
major new source review if a single 2-year baseline is used for all
pollutants.

B.	One or more pollutants were emitted during such 2-year period in
amounts that were less than otherwise permitted for reasons other than
operations at a lower production or utilization rate.  Qualifying
examples include, but are not limited to, the voluntary use of:

(A)	a cleaner fuel than otherwise permitted in a fuel burning operation
(e.g., natural gas instead of coal in a multi-fuel boiler),

(B)	a coating with a lower VOC content than otherwise permitted in a
coating operation,

(C)	a voluntary improvement in the control efficiency of an air
pollution control device or the voluntary addition of a control device
where one did not exist before, and

(D)	alternate production methods, raw materials, or products that result
in lower emissions of one or more pollutants.

C.		Use of alternate 2-year baselines for the pollutants described in 2.
above would result in the construction of the new source or modification
not being subject to major new source review.

D.		The use of the multiple baselines is not prohibited by any
applicable provision of the USEPA’s new source review regulations.

The burden for demonstrating that these conditions are met is upon the
permit applicant.  The demonstration and the Technical Secretary’s
approval will be made a part of the permit record.

V.	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 sub-items 1.(xlvii)(II)II and III of this subparagraph.

(III)	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.

(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 item
1.(xlvii)(I) of this subparagraph, for other existing emissions units in
accordance with the procedures contained in item 1.(xlvii)(II) of this
subparagraph, and for a new emissions unit in accordance with the
procedures contained in item 1.(xlvii)(III) of this subparagraph.

(xlviii)	Reserved

(xlix)	“Regulated NSR pollutant,” for purposes of this subparagraph,
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 items 1.(xlix)(I) or (II) of this subparagraph,
provided that a constituent or precursor pollutant may only be regulated
under NSR as part of regulation of the general pollutant.

(l)	“Reviewing authority” means the State air pollution control
agency, local agency, other State agency, Indian tribe, or other agency
authorized by the Administrator to carry out a permit program under this
subparagraph and 40 CFR 51.166, or the Administrator in the case of
EPA-implemented permit programs under 40 CFR 52.21.

(li)	“Project” means a physical change in, or change in the method
of operation of, an existing major stationary source.

(lii)	“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 Technical Secretary, 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 Technical Secretary
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. 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.  This definition does not
apply to minor stationary sources and minor modifications proposing to
construct in a nonattainment area.  For these sources, the definition in
subparagraph (2)(d) of this rule applies.

(liii)	“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 SIP to implement the requirements of 40 CFR 51.166.  Any permit
issued under such a program is a major NSR permit.

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

(lv)	Reserved

(lvi)	“Electric utility steam generating unit” (EUSGU) means any
steam electric generating unit that is constructed for the purpose of
supplying more than one-third of its potential electric output capacity
and more than 25 MW electrical output to any utility power distribution
system for sale. 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.

2.	No major stationary source or major modification to which the
requirements of this subparagraph apply shall begin actual construction
without a permit whichthat states that the stationary source or
modifications will meet the requirements of this Paragraph.

	The requirements of this subparagraph shall apply to any new stationary
source or major modification that is major for a regulated NSR
pollutant, or precursor to a regulated NSR pollutant as applicable, if
the stationary source or modification would be constructed anywhere in
an area designated nonattainment (as of the date of the permit issued in
accordance with this subparagraph) for such pollutant pursuant to the
Clean Air Act Title I Part A Section 107(d) (As amended November
15,1990).

	The requirements of this subparagraph shall apply to each nonattainment
pollutant (and in some cases each precursor to the nonattainment
pollutant) that the source will emit, or will have the potential to
emit, in major amounts.  In the case of a modification, the requirements
shall apply to the significant net emissions increase of each
nonattainment pollutant (and each precursor to the nonattainment
pollutant, as applicable) for which the source is major.

(i)	All new stationary sources or modifications shall utilize “stack
height procedures.”

(ii)	All minor stationary sources, and minor modifications proposing to
construct in a nonattainment area shall utilize best available control
technology (BACT), as defined in subparagraph (2)(d) of this rule, for
the nonattainment pollutant as specified by the Technical Secretary at
the time of the completed permit application, but all major stationary
sources and major modifications are required to install LAER in
nonattainment areas for the nonattainment pollutant.

(iii)	Major stationary sources or major modifications shall meet the
following criteria:

(I)	A major stationary source or major modification shall meet each
applicable emissions limitation under the State Implementation Plan and
each applicable requirement for sources subject to the New Source
Performance Standards, and the National Emission Standards for Hazardous
Air Pollutants.

(II)	A new major stationary source shall apply the lowest achievable
emission rate for each contaminant for which the area is designated
nonattainment that it would have the potential to emit in an amount
sufficient to make the source or modification a major stationary source
or modification.  This provision applies to each new emissions unit at
which emissions would occur.

(III)	A major modification shall apply the lowest achievable emission
rate for each air contaminant for which the area is designated
nonattainment and for which it would result in a significant net
emissions increase at the source.  This requirement applies to each
proposed emissions unit at which a net emissions increase in the air
contaminant would occur as the result of a physical change or change in
the method of operation in the unit.

(IV)	For phased construction projects, the determination of lowest
achievable emission rate shall be reviewed and modified as appropriate
at the latest reasonable time which occurs no later than 18 months prior
to commencement of construction of each independent phase of the
project.  At such time, the owner or operator of the applicable
stationary source may be required to demonstrate the adequacy of any
previous determination of the lowest achievable emission rate.

(V)	The Technical Secretary shall, for each new major source and major
modification, submit to the RACT/BACT/LAER Clearinghouse within 60 days
of issuance of the permit, all information on the emissions prevention
or control technology for the new major source or major modification.

(iv)	Reasonable Further Progress (RFP)

(I)	Timing and exemptions:

I	By the time that the proposed source or modification is to commence
operation, sufficient offsetting emissions reductions shall be in effect
such that the total emissions from existing sources in the area, from
new or modified sources which are not major stationary sources, 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 the Clean Air Act Title I Part D Subpart 1
Section 172 (as amended November 15,1990) reasonable further progress;
or

II	In the case of a new major stationary source or major modification
which is located in a zone (within  the nonattainment area) identified
by the Administrator of EPA, in consultation with the Secretary of
Housing and Urban Development, as a zone to which economic development
should be targeted, the emissions of such air contaminant resulting from
the proposed new or modified major stationary source will not cause or
contribute to emissions levels which exceed the allowance permitted as
contained in the State’s approved Implementation Plan pursuant to the
Clean Air Act Title I Part D Subpart 1 Section 172(c)(4) (as amended
November 15,1990).

(II)	For the purposes of satisfying the requirements of sub-item
(iv)(I)I. of this sub-part, the determination of total emissions at both
the time prior to the application for a permit subject to the
requirements of this sub-part and the time such permitted source or
modification would commence operation, shall be made by the Technical
Secretary in a manner consistent with the assumptions in the applicable
implementation plan approved by the Administrator of EPA concerning
baseline emissions for the demonstration of reasonable further progress
and attainment of the ambient air quality standards for the particular
air contaminant subject to review under this sub-part.

(v)	Emissions Offsets

(I)	Prior to the issuance of a permit under this sub-part, legally
enforceable emission offsets shall be obtained from the same source or
other sources in the same non-attainment area, except that such
emissions reduction may be obtained from a source in another
non-attainment area if:

I.	The other area has an equal or higher non-attainment classification
than the area in which the source is located; and,

II.	Emissions from such other area contribute to a violation of a air
quality standard in the non-attainment area in which the proposed new or
modified source would construct.

(II)	By the time that the new or modified source commences operation,
such reductions shall be in place such that the total tonnage of
emissions of any applicable non-attainment air contaminant allowed from
the proposed new source, or net emissions increase from the
modification, shall be offset by an equal or greater reduction, as
applicable, in the actual emissions of such air contaminant from the
same or other sources.

(III)	In meeting the requirements of item (v)(II) of the sub-part for
ozone non-attainment areas the ratio of total actual emission reductions
of Volatile Organic Compounds and/or Nitrogen Oxides to the net
emissions increase of Volatile Organic Compounds and/or Nitrogen Oxides
shall be as follows:

I.	In any Marginal non-attainment area for ozone - at least 1.1 to 1;

II.	In any Moderate non-attainment area for ozone - at least 1.15 to 1;

III.	In any Serious non-attainment area for ozone - at least 1.2 to 1;

IV.	In any Severe non-attainment area for ozone - at least 1.3 to  1;

V.	In any Extreme non-attainment area for ozone - at least 1.5 to 1.

(IV)	Within an ozone transport region, for any area designated for ozone
attainment, unclassified, or Marginal non-attainment, the ratio of total
actual emission reductions of Volatile Organic Compounds and/or Nitrogen
Oxides to net emissions increase of Volatile Organic Compounds and/or
Nitrogen Oxides shall be at least 1.5 to 1.

(V)	I.	Emissions reductions achieved by shutting down an existing source
or curtailing production or operating hours below baseline levels may be
generally credited if such reductions are surplus, permanent,
quantifiable, and legally enforceable, and if the area has an EPA
approved attainment plan.  In addition, the shutdown or curtailment is
creditable only if it occurred on or after the date specified for this
purpose in the plan, and if such a date is on or after the date of the
most recent emissions inventory used in the plan’s demonstration of
attainment.  Where the plan does not specify a cutoff date for shutdown
credits, the date of the most recent emissions inventory or attainment
demonstration, as the case may be, shall apply.  However, in no event
may credit be given for shutdowns which occurred prior to August 7,
1977.  For the purposes of this sub-part, the Technical Secretary may
consider a prior shutdown or curtailment to have occurred after the date
of its most recent emissions inventory, if the inventory explicitly
includes as current existing emissions the emission from such previously
shutdown or curtailed source (Federal Register/Vol. 51, No.
233/Thursday, December 4, 1986, Emissions Trading Policy Statement;
General Principles for Creation, Banking, and Use of Emission Reduction
Credits).

II.	The reductions described in sub-item 2.(v)(V)I. of this part may be
credited in the absence of an approved attainment demonstration only if
the shutdown or curtailment occurred on or after the date the new source
application is filed, or, if the applicant can establish that the
proposed new source is a replacement for the shutdown or curtailed
source, and the cutoff date provisions of sub-item 2.(v)(V)I. of this
part are observed.

(VI)	With respect to a proposed increase in VOC emissions, no emissions
credit shall be allowed for reductions in any organic compound
specifically excluded from the definitions of “VOC” in this Division
1200-3.

(VII)	Credit for an emissions reduction may be claimed to the extent
that the reduction has not been relied on in any permit already issued
under regulations approved pursuant to 40 CFR Parts 51, 52, and 70,(July
1, 1993) or the State has not relied on it in demonstrating attainment
or reasonable further progress.  Incidental emissions reductions which
are not otherwise required under the federal Clean Air Act (As amended
November 15, 1990) may be credible as emissions reductions for such
purposes if such emissions reductions meet the applicable requirements
of this part.

(VIII)	Procedures relating to the permissible locations of offsetting
emissions shall be followed which are at least as stringent as those set
out in 40 CFR Part 51, Appendix S, Section IV.D. (July 1, 1993 ).

(IX)	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.

(X)	Decreases in actual emissions occurring at a Clean Unit cannot be
used as offsets, except as provided in sub-parts 7.(viii) and 8.(x) of
this subparagraph. Similarly, decreases in actual emissions occurring at
a PCP cannot be used as offsets, except as provided in item 9.(vi)(IV)
of this subparagraph.

(XI)	The total tonnage of increased emissions, in tons per year,
resulting from a major modification that must be offset in accordance
with section 173 of the Federal Clean Air Act shall be determined by
summing the difference between the allowable emissions after the
modification (as defined by sub-part 1.(xi) of this subparagraph) and
the actual emissions before the modification (as defined in sub-part
1.(xiii) of this subparagraph) for each emissions unit.

(XII)	Where the emissions limit under this division 1200-3 allows
greater emissions than the potential to emit of the source, emissions
offset credit will be allowed only for control below this potential;

(XIII)	For an existing fuel combustion source, credit shall be based on
the allowable emissions under this division 1200-3 for the type of fuel
being burned at the time the application to construct is filed. If the
existing source commits to switch to a cleaner fuel at some future date,
emissions offset credit based on the allowable (or actual) emissions for
the fuels involved is not acceptable, unless the permit is conditioned
to require the use of a specified alternative control measure which
would achieve the same degree of emissions reduction should the source
switch back to a dirtier fuel at some later date. The Technical
Secretary shall ensure that adequate long-term supplies of the new fuel
are available before granting emissions offset credit for fuel switches

(vi)	In a nonattainment area, prior to the issuance of a permit to a new
major stationary source or major modification an analysis of alternate
sites, sizes, production processes, and environmental control techniques
for the proposed source shall be made.  A permit shall only be issued if
the benefits of the proposed source significantly outweigh the
environmental and social costs imposed on the public as a result of the
sources location, construction, or modification in the nonattainment
area.  The Technical Secretary shall require the submittal of such
information as he deems necessary for this analysis.

(vii)	The Technical Secretary shall not issue a permit to any major
stationary source or major modification locating in or significantly
impacting a nonattainment area unless all other sources owned or
operated by the applicant (or any entity controlling, controlled by, or
under common control with the applicant) anywhere in the State are in
compliance or on an approved compliance schedule.

(viii)	If the nonattainment area is designated as attainment by the EPA
Administrator between the date construction is approved under this
subparagraph and before the new source start up date, the source has the
option of applying for a new construction permit and relief from the
requirements of this subparagraph.

(I)	Any permit issued under this part shall remain in effect, unless it
expires under subpart (xi) of this part or is rescinded.

(II)	The Technical Secretary shall grant an application for rescission
if the application shows that this part would not apply to the source or
modification.

(III)	If the Technical Secretary rescinds a permit under this
sub-paragraph, the public shall be given adequate notice of the
rescission.  Publication by the Technical Secretary of an announcement
of rescission in a newspaper of general circulation in the affected
region within 60 days of the rescission shall be considered adequate
notice.

(ix)	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 “legally 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 the requirements of Subparagraph
1200-3-9-.01(5)(b) shall apply to the source or modification as though
construction had not yet commenced on the source or modification.

(x)	Approval to construct shall not relieve any owner or operator of the
responsibility to comply fully with applicable provisions of the plan
and any other requirements under local, state or federal law.

(xi)	Approval to construct shall become invalid if construction is not
commenced within 18 months after issuance of an approved construction
permit, if construction is discontinued for a period of 18 months or
more, or if construction is not completed within 18 months of the
completion date specified on the construction permit application unless
an extension has been granted from the Tennessee Air Pollution Control
Board.  Also, each phase of a phased construction project must meet the
requirements stated above.  An extension of time for a phased
construction project may be requested for each phase or for the whole
project.  The above requirements do not apply to the time period between
the construction of the approved phases of a phased construction
project.  The Tennessee Air Pollution Control Board may issue a variance
granting an extension to complete construction of a source provided
adequate justification is presented.  Each extension shall not exceed 12
months in time.

(xii)	Except as otherwise provided in sub-parts 2.(xviii) and 2.(xix) of
this subparagraph, and consistent with the definition of major
modification contained in item 1.(v)(I) of this subparagraph, 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 sub-part 1.(xxxix) of this subparagraph), and a significant
net emissions increase (as defined in sub-parts 1.(vi) and 1.(x) of this
subparagraph). 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.

(xiii)	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 sub-parts 2.(xiv) and 2.(xvii) of this
subparagraph. 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 sub-part 1.(vi) of this subparagraph.
Regardless of any such preconstruction projections, a major modification
results if the project causes a significant emissions increase and a
significant net emissions increase.

(xiv)	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
sub-part 1.(xl) of this subparagraph) and the baseline actual emissions
(as defined in items 1.(xlvii)(I) and (II) of this subparagraph, as
applicable), for each existing emissions unit, equals or exceeds the
significant amount for that pollutant (as defined in sub-part 1.(x) of
this subparagraph).

(xv)	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 is projected to occur if the sum
of the difference between the potential to emit (as defined in sub-part
1.(iii) of this subparagraph) from each new emissions unit following
completion of the project and the baseline actual emissions (as defined
in item 1.(xlvii)(III) of this subparagraph) of these units before the
project equals or exceeds the significant amount for that pollutant (as
defined in sub-part 1.(x) of this subparagraph).

(xvi)	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.

(xvii)	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 sub-parts 2.(xiv) through
(xvi) of this subparagraph 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 sub-part 1.(x) of this