Rules

of

Tennessee Department of Environment and Conservation

Bureau of Environment

Division of Air Pollution Control

Chapter 1200-3-9

Construction and Operating Permits

Table of Contents

1200-3-9-.01	Construction Permits	1200-3-9-.04	Exemptions

1200-3-9-.02	Operating Permits	1200-3-9-.05	Appeal of Permit Application
Denials and Permit

1200-3-9-.03	General Provisions		Conditions

 CONSTRUCTION PERMITS.

(1)	Application for Construction Permit

(a)	Except as specifically exempted in Rule 1200-3-9-.04, no person
shall begin the construction of a new air contaminant source or the
modification of an air contaminant source which may result in the
discharge of air contaminants without first having applied for and
received from the Technical Secretary a construction permit for the
construction or modification of such air contaminant source.

(b)	The application for a construction permit shall be made on forms
available from the Technical Secretary not less than ninety (90) days
prior to the estimated starting date of construction.  Sources
identified in paragraph 1200-3-9-.01(4) shall make application for a
construction permit not less than one hundred twenty (120) days prior to
the estimated date of construction.

(c)	In addition to the information provided in the construction permit
application forms, the Technical Secretary may require submission, by
the owner or operator of a source to be constructed or modified of such
information on the nature and amounts of air contaminants to be emitted
by the source or emitted by associated mobile sources, and any other
information necessary to insure compliance with the regulations of this
Division, 1200-3, and the Board approved control strategy.

(d)	Construction of a new air contaminant source or the modification of
an air contaminant source which may result in the discharge of air
contaminants must be in accordance with the approved construction permit
application, the provisions and stipulations set forth in the
construction permit, all provisions of the regulations of this Division
1200-3, any applicable measures of the control strategy, and all
provisions of the Tennessee Air Quality Act.

(e)	No construction permit shall be issued by the Technical Secretary if
the approval to construct or modify an air contaminant source would
result in a violation of the ambient air quality standards specified in
Chapter 1200-3-3, would cause a violation of any other regulatory
requirement under this Division, 1200-3, would result in a violation of
applicable portions of the control strategy, or would interfere with
attainment or maintenance of a national ambient air quality standard in
a neighboring state.  In the case where a source or modification was
constructed without first obtaining a construction permit, a
construction permit may be issued to the source or modification to
establish as conditions of the permit, the necessary emission limits and
requirements to assure that these regulatory requirements are met.  The
appropriate enforcement action shall be pursued to insure that ambient
air quality standards and other regulatory requirements will be met.
All emission limits and requirements of the construction permit must be
met prior to issuance of an operating permit for the source or
modification.

(f)	In the issuance of construction permits for new air contaminant
sources, or modifications, source impact analysis shall demonstrate that
allowable emission increases would not cause or contribute to air
pollution in violation of any ambient air quality standard in Chapter
1200-3-3, of any national ambient air quality standard, or any
applicable maximum allowable increase as defined in paragraph
1200-3-9-.01(4).  As required, all estimates of ambient concentrations
shall be based on applicable air quality models, and data bases
acceptable to the Technical Secretary, and meeting the requirements in
the EPA publication No. 450/2-78-027R, “Guidelines on Air Quality
Models (revised)” (1986), Supplement A (1987), and Supplement C (1995)
which are incorporated by reference.  The Technical Secretary may
approve use of a modified or another model on a case-by-case basis after
consultation with and upon written approval from the EPA Administrator.

(g)	In the issuance of construction permits for new air contaminant
sources or modifications, the degree of emission limitation required of
any source for control of any air contaminant must not be affected by so
much of any source’s stack height that exceeds good engineering
practice or by any other dispersion technique except as provided for in
Chapter 1200-3-24 of these regulations.

(h)	The Department shall on a monthly basis notify the public, by
advertisement in a newspaper of general circulation in each air quality
control region in which the proposed source or modification would be
constructed, of the applicants seeking to obtain a permit to construct
or modify an air contaminant source.  This notice shall specify the
general vicinity or location of the proposed source or modification, the
type of source or modification, and opportunity for public comment.
Comments shall be in writing and delivered to the Technical Secretary
within thirty (30) days after the publication of the public notice.

(i)	Reserved.

(2)	Definitions.  As used in this chapter all terms not defined herein
or in subsequent parts of this chapter shall have the meaning given them
in Chapter 1200-3-2.

(a)	Reserved.

(b)	“Control Strategy” means a combination of measures, approved by
the Board, designated to achieve the aggregate reduction of emissions
necessary for attainment and maintenance of the ambient air quality
standards specified in the regulations under this Division 1200-3, or of
the national ambient air quality standards including, but not limited to
measures such as:

1.	Emission limitations.

2.	State emission charges or other economic incentives or disincentives.

3.	Closing or relocation of residential, commercial, or industrial
facilities.

4.	Changes in schedules or methods of operation of commercial or
industrial facilities or transportation systems, including, but not
limited to, short term changes made in accordance with standby plans.

5.	Periodic inspection and testing of motor vehicle emission control
systems, at such time it is determined that such programs are feasible
and practicable.

6.	Emission control measures applicable to in-use motor vehicles,
including, but not limited to, measures such as mandatory maintenance,
installation of emission control devices, and conversion of gaseous
fuels.

7.	Any transportation control measures considered feasible and
practicable.

8.	Any variation of, or alternative to any measure delineated herein.

9.	Control or prohibition of a fuel or fuel additive used in motor
vehicles, if such control or prohibition is necessary to achieve a
primary or secondary air quality standard, or national primary or
secondary standard, and is approved by the Technical Secretary.

(c)	“National Ambient Air Quality Standard” means any ambient
standard for an air contaminant promulgated by the Administrator of the
Environmental Protection Agency and published in the Code of Federal
Regulations.

(d)	“Best available control technology (BACT)” means an emission
limitation (including a visible emission standard) based on the maximum
degree of reduction for each pollutant subject to regulation under these
rules which would be emitted from any proposed new or modified air
contaminant source 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 Chapters 1200-3-11 and
1200-3-16 of these rules.  If the Technical Secretary determines that
technological or economic limitations on the application of measurement
methodology to a particular class of sources would make the imposition
of an emission standard infeasible, a design, equipment, work practice,
or operational standard, or combination thereof, may be prescribed
instead to require the application of best available control technology.
 Such standard shall, to the degree possible, set forth the emission
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 major
sources and major modifications, as defined in subparagraph (4)(b) of
this rule, which are subject to the provisions of paragraph (4) of this
rule.

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

1.	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

2.	The most stringent emissions limitation which is achieved in practice
by such class or category of stationary source.  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 contaminant in excess of the
amount allowable under applicable new source standards of performance.

3.	This definition does not apply to major sources and major
modifications, as defined in part (5)(b)1. of this rule, which are
subject to the provisions of subparagraph (5)(b) of this rule.  The
definition at subpart (5)(b)1.(xviii) of this rule applies to major
sources and major modifications in non-attainment areasThe definition at
subparagraph (2)(d) of this rule applies to major sources and major
modifications.

(3)	Reserved.

(4)	Prevention of Significant Air Quality Deterioration

(a)	General Provisions

1.	No new major stationary source or major modification, as defined in
parts (b) 1. and (b) 2. of this paragraph, shall begin actual
construction unless the requirements of this paragraph, as applicable,
have been met.

2.	The requirements of this paragraph shall only apply to a proposed
major stationary source, or major modification with respect to any
pollutant which is emitted in significant amounts, or would result in a
significant net emissions increase of the pollutant respectively.  Also,
the requirements of this paragraph do not apply to proposed pollutant
emission sources or modifications in a nonattainment area as defined in
Chapter 1200-3-2 for any pollutant to be emitted by the proposed source
or modification for which the area is classified nonattainment.

3.	Any owner or operator who constructs or operates a source or
modification not in accordance with the application submitted pursuant
to this paragraph or with the terms of any approval to construct, or any
owner or operator of a source or modification subject to this paragraph
who commences construction after June 3, l981 without applying for and
receiving approval hereunder, shall be subject to appropriate
enforcement action.

4.	Approval to construct shall become invalid if construction is not
commenced within 18 months after issuance of an approved 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.  The Tennessee Air
Pollution Control Board may grant an extension to complete construction
of the source provided adequate justification is presented.  An
extension shall not exceed 18 months in time.  The provision does not
apply to the time period between construction of the approved phases of
a phased construction project; each phase must commence construction
within 18 months of the projected and approved commencement date.

5.	Approval to construct shall not relieve any owner or operator of the
responsibility to comply fully with the applicable provisions under this
Division 1200-3 and any other requirements under local, State, or
Federal law.

6.	If a particular source or modification becomes a major stationary
source or major modification solely by virtue of a relaxation in any
enforceable limitation which was established after August 7, 1980, on
the capacity of the source or modification otherwise to emit a
pollutant, such as a restriction on hours of operation, then the
requirements of this paragraph shall apply to the source or modification
as though construction had not yet commenced on the source or
modification.

7.	Permit Rescission

(i)	Any permit for a prevention of significant air quality deterioration
(PSD) source or modification that was issued prior to June 2, l990, will
remain in effect and binding until such time as the permittee files a
completed application to obtain rescission.  This application for
rescission may be filed at any time by the permittee.

(ii)	The Technical Secretary shall approve any application for
rescission if the application shows that this paragraph 1200-3-9-.01(4),
would not apply to the source or modification.

(iii)	If requested by the permittee, the Technical Secretary may rescind
only certain elements required in a PSD permit issued on or before June
3, l981.

(iv)	Those sources subject to PSD review before August 7, 1977 shall not
be allowed to apply for a PSD permit rescission if construction had
“commenced” by August 7, 1977.

(v)	If a source or modification whose permit is rescinded were later
found to be causing or contributing to an increment violation,
additional control may be required if determined necessary by the
Technical Secretary.

(vi)	If the Technical Secretary rescinds a permit under this paragraph,
the public shall be given adequate notice of the rescission.
Publication 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.

8.	Reserved.

9.	Reserved.

10.	Reserved.

11.	The following specific provisions apply to projects at existing
emissions units at a major stationary source (other than projects at a
Clean Unit or at a source with a plantwide applicability limitation
[PAL]) in circumstances where there is a reasonable possibility that a
project that is not a part of a major modification may result in a
significant emissions increase and the owner or operator elects to use
the method specified in items (b)38.(i)(I) through (III) of this
paragraph for calculating projected actual emissions.

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

(I)	A description of the project;

(II)	Identification of the emissions unit(s) whose emissions of a
regulated NSR pollutant could be affected by the project; and

(III)	A description of the applicability test used to determine that the
project is not a major modification for any regulated NSR pollutant,
including the baseline actual emissions, the projected actual emissions,
the amount of emissions excluded under item (b)38.(i)(III) of this
paragraph and an explanation for why such amount was excluded, and any
netting calculations, if applicable.

(ii)	If the emissions unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information set out in sub-part
(a)11.(i) of this paragraph to the Technical Secretary.  Nothing in this
sub-part (a)11.(ii) shall be construed to require the owner or operator
of such a unit to obtain any determination from the Technical Secretary
before beginning actual construction.

(iii)	The owner or operator shall monitor the emissions of any regulated
NSR pollutant that could increase as a result of the project and that is
emitted by any emissions unit identified in item (a)11.(i)(II) of this
paragraph; and calculate and maintain a record of the annual emissions,
in tons per year on a calendar year basis, for a period of 5 years
following resumption of regular operations after the change, or for a
period of 10 years following resumption of regular operations after the
change if the project increases the design capacity or potential to emit
of that regulated NSR pollutant at such emissions unit.

(iv)	If the unit is an existing electric utility steam generating unit,
the owner or operator shall submit a report to the Technical Secretary
within 60 days after the end of each year during which records must be
generated under sub-part (a)11.(ii) of this paragraph setting out the
unit’s annual emissions during the calendar year that preceded
submission of the report.

(v)	If the unit is an existing unit other than an electric utility steam
generating unit, the owner or operator shall submit a report to the
Technical Secretary if the annual emissions, in tons per year, from the
project identified in sub-part (a)11.(i) of this paragraph, exceed the
baseline actual emissions (as documented and maintained pursuant to item
(a)11.(i)(III) of this paragraph) by a significant amount (as defined in
part (b)24. of this paragraph) for that regulated NSR pollutant, and if
such emissions differ from the preconstruction projection as documented
and maintained pursuant to item (a)11.(i)(III) of this paragraph.  Such
report shall be submitted to the Technical Secretary within 60 days
after the end of such year. The report shall contain the following:

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

(II)	The annual emissions as calculated pursuant to sub-part (a)11.(iii)
of this paragraph; and

(III)	Any other information that the owner or operator wishes to include
in the report (e.g., an explanation as to why the emissions differ from
the preconstruction projection).

12.	The owner or operator of the source shall make the information
required to be documented and maintained pursuant to part (a)11. of this
paragraph available for review upon request for inspection by the
Technical Secretary or the general public.

(b)	Definitions.  As used in this paragraph, all terms not defined
herein shall have the meaning given them in Chapter 1200-3-2.

1.	“Major stationary source” means:

(i)	Any of the following stationary sources, which emit or have the
potential to emit, 100 tons per year or more of any aira regulated NSR
pollutant regulated under this Division 1200-3.

(I)	Fossil-fuel fired steam electric plants of more than 250 million BTU
per hour heat input.

(II)	Municipal incinerators (or combinations thereof) capable of
charging more than 250 tons of refuse per day.

(III)	Fossil-fuel boilers (or combinations thereof) totaling more than
250 million BTU per hour heat input.

(IV)	Petroleum storage and transfer facilities with a total storage
capacity exceeding 300,000 barrels.

(V)	Coal cleaning plants (with thermal dryers)

(VI)	Kraft pulp mills

(VII)	Portland cement plants

(VIII)	Primary zinc smelters

(IX)	Iron and steel mill plants

(X)	Primary aluminum ore reduction plants

(XI)	Primary copper smelters

(XII)	Hydrofluoric acid plants

(XIII)	Sulfuric acid plants

(XIV)	Nitric acid plants

(XV)	Petroleum refineries

(XVI)	Lime plants

(XVII)	Phosphate rock processing plants

(XVIII)	Coke oven batteries

(XIX)	Sulfur recovery plants

(XX)	Carbon black plants (furnace process)

(XXI)	Primary lead smelters

(XXII)	Fuel conversion plants

(XXIII)	Sintering plants

(XXIV)	Secondary metal production plants

(XXV)	Chemical process plants

(XXVI)	Taconite ore processing plants

(XXVII)	Glass fiber processing plants

(XXVIII)	Charcoal production plants

(ii)	Notwithstanding the stationary source size specified in subpart
(b)1.(i) of this paragraph, any stationary source which emits or has the
potential to emit, 250 tons per year or more of any aira regulated NSR
pollutant subject to regulation under this Division 1200-3.

(iii)	Any physical change that would occur at a stationary source not
otherwise qualifying under part (b)1. as a major stationary source if
the change would constitute a major stationary source by itself.

2.	“Major modification” means any physical change in or change in
the method of operation of a major stationary source that would result
in a significant net emissions increase (as defined in part (b)34. of
this paragraph) of any a regulated NSR pollutant (as defined in part
(b)47. of this paragraph)subject to regulation under this Division
1200-3; and a significant net emissions increase of that pollutant from
the major stationary source.

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

(I)	Routine maintenance, repair, or 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 an applicable federal
statute;

(III)	Use of an alternative fuel by reason of an order or rule under
section 125 of the Clean Air Act;

(IV)	Use of an alternative fuel at a steam generating unit 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 January 6, 1975,
unless such change would be prohibited under a legally enforceable
permit condition which was established after January 6, 1975, or under
regulations of this Division 1200-3, or under regulations approved by
the Environmental Protection Agency pursuant to 40 CFR 51.160-51.166;

(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 January 6, 1975, or under
regulations of this Division 1200-3.

(VII)	Any change in ownership at a stationary source.

(VIII)	The addition, replacement, or use of a pollution control project
(PCP), as defined in part (b)35. of this paragraph, at an existing
emissions unit meeting the requirements of subparagraph (r) of this
paragraph.  A replacement control technology must provide more effective
emission control than that of the replaced control technology to qualify
for this exclusion.

(ii)	This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under subparagraph (s) of this paragraph for a PAL
for that pollutant. Instead, the definition at sub-part (s)2.(viii) of
this paragraph shall apply.

3.	Major sources and modifications for ozone

(i)	A source that is major for volatile organic compounds shall be
considered major for ozone.

(ii)	Any significant emissions increase from any emissions units or net
emissions increase at a major stationary source that is significant for
volatile organic compounds shall be considered significant for ozone.Any
net emissions increase that is significant for  volatile organic
compounds shall be considered significant for ozone.

4.	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)	AnyThe increase in actual emissions from a particular physical
change or change in the method of operation at a stationary source, as
calculated pursuant to part (c)4. of this paragraph; 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 item (b)4.(i)(II) shall be determined
as provided in part (b)45., except that items (b)45.(i)(III) and
(b)45.(ii)(IV) of this paragraph shall not apply.

(ii)	An increase or decrease in actual emissions is contemporaneous with
the increase from the particular change only if it occurs between:

(I)	The date five years before a completed application for the
particular change is submitted; and

(II)	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 the five years prior to the date a completed
application for the particular change is submitted; It occurs within a
reasonable period (to be 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 this rule, 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 parts (p)8. and (q)10. of this paragraph.

(iv)	An increase or decrease in actual emissions of sulfur dioxide,
particulate matter, or nitrogen oxides that occurs before the applicable
minor source baseline date is creditable only if it is required to be
considered in calculating the amount of maximum allowable increases
remaining available.

(iii)	An increase or decrease in actual emissions is creditable only if
the Technical Secretary has not relied on it in issuing a permit for the
source under regulations approved pursuant to this rule, which permit is
in effect when the increase in actual emissions from the particular
change occurs.

(iv)	An increase or decrease in actual emissions of sulfur dioxide,
particulate matter, or nitrogen oxides which occurs before the
applicable minor source baseline date is creditable only if it is
required to be considered in calculating the amount of maximum allowable
incremental increases remaining available.

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

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

(I)	The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;

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

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

(IV)	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 subparagraph (q) of this paragraph or part
(5)(b)8. 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 subparagraph (r) of this paragraph or for the Clean Unit
designation are creditable to the extent they meet the requirements in
sub-part (r)6.(iv) of this paragraph for the PCP and part (p)8. or
(q)10. of this paragraph for a Clean Unit.

(vii)	An increase that results from a physical change at a source occurs
when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant.  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.

(viii)	Sub-part (b)22.(i) of this paragraph shall not apply for
determining creditable increases and decreases.

5.	“Potential to emit” means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational design.
Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design
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.

6.	“Stationary source” means any building, structure, facility, or
installation which emits or may emit any aira regulated NSR pollutant
subject to regulation under this Division 1200-3 except the activities
of any vessel.

7.	“Building, structure, facility, or installation” means all of the
pollutant-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), except the activities of any vessel.  Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same “Major Group” (i.e., described by the
first two digits in the code which is specified in the Standard
Industrial Classification Manual, 1972, as amended by the 1977
Supplement (U.S. Government Printing Office stock numbers 4101-0066 and
003-005-00176-0, respectively)).

8.	“Emissions unit” means any part of a stationary source that emits
or would have the potential to emit any regulated NSR pollutant and
includes an electric utility steam generating unit as defined in part
(b)52. of this paragraph.  For purposes of this paragraph, there are two
types of emissions units as described in sub-parts (b)8.(i) and (ii) of
this paragraph.

(i)	A new emissions unit is any emissions unit that is (or will be)
newly constructed and that 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 sub-part (b)8.(i) of this paragraph.  A replacement
unit, as defined in part (b)33. of this paragraph, is an existing
emissions unit.means any part of a stationary source which emits or
would have the potential to emit any pollutant subject to regulation
under this Division 1200-3.

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

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

(i)	Begun, or caused to begin, a continuous program of actual on-site
construction of the source, to be completed within the time frame as
allowed in part 1200-3-9-.01(4)(a)4, or

(ii)	Entered into binding agreements or contractual obligations, which
cannot be canceled or modified without substantial loss to the owner or
operator, to undertake a program of actual construction of the source to
be completed within the time frame as allowed in part
1200-3-9-.01(4)(a)4.

11.	“Necessary preconstruction approvals or permits” means all
permits or approvals required under air quality control laws and
regulations.

12.	“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
pipework, 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.

13.	“Pollutant” means those air contaminants which fall under the
categories of criteria and non-criteria pollutants.  Criteria pollutants
are those for which an ambient air quality standard has been
established.  The non-criteria pollutants are air contaminants that are
not criteria pollutants.

14.	“Baseline area” means any intrastate area (and every part
thereof) not designated as a nonattainment area in which the major
source or major modification establishing the minor source baseline date
would construct or would have an air quality impact equal to or greater
than 1 ug/m3 (annual average) of the pollutant for which the minor
source baseline date is established.

(i)	Area redesignations under this Division 1200-3 cannot intersect or
be smaller than the area of impact of any major stationary source or
major modification which establishes a minor source baseline date or is
subject to the regulations in this paragraph.

15.	“Baseline date”:

(i)	“Major source baseline date” means in the case of particulate
matter and sulfur dioxide, January 6, 1975, and in the case of nitrogen
dioxide, February 8, 1988.

(ii)	“Minor source baseline date” means the earliest date after the
trigger date on which a major stationary source or a major modification
submits a complete application to the Technical Secretary or to the EPA
administrator.  The trigger date is:

(I)	In the case of particulate matter and sulfur dioxide, August 7,
1977, and

(II)	In the case of nitrogen dioxide, February 8, 1988.

(iii)	The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:

(I)	The area in which the proposed source or modification would
construct is not designated as a nonattainment area for the pollutant on
the date of its complete application.

(II)	In the case of a major stationary source, the pollutant would be
emitted in significant amounts, or, in the case of a major modification,
there would be a significant net emissions increase of the pollutant.

16.	“Baseline concentration” means that ambient concentration level
which exists in the baseline area at the time of the applicable minor
source baseline date.  A baseline concentration is determined for each
pollutant for which a minor source baseline date is established and
shall include:

(i)	The actual emissions representative of sources in existence on the
applicable minor source baseline date, except as provided in subpart
(b)146.(iii); and

(ii)	The allowable emissions of major stationary sources whichthat
commenced construction before the major source baseline date, but were
not in operation by the applicable minor source baseline date.

(iii)	The following will not be included in the baseline concentration
and will affect the applicable maximum allowable increment increase(s):

(I)	Actual emissions from any major stationary source on which
construction commenced after the major source baseline date; and

(II)	Actual emissions increases and decreases at any stationary source
occurring after the minor source baseline date.

17.	“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 under this Division 1200-3 or in the State
Implementation Plan, including those with a future compliance date; or

(ii)	The emissions rate specified as a legally enforceable permit
condition established pursuant to this Rule 1200- 3-9-.01, including
those with a future compliance date.

18.	“Legally enforceable” means all limitations and conditions which
are enforceable by the Technical Secretary and the EPA Administrator,
including those under this Division 1200-3 and the State Implementation
Plan, and any permit requirements established pursuant to this Rule
1200-3-9-.01.

19.	“Secondary emissions” means emissions which 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 purpose 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
offsite 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 or 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.

20.	“Innovative control technology” means any system of air
pollution control that has not been adequately demonstrated in practice,
but would have a substantial likelihood of achieving greater continuous
emissions reduction than any control system in current practice or of
achieving at least comparable reductions at lower cost in terms of
energy, economics, or non-air quality environmental impacts.

21.	“Fugitive emissions” means those emissions which could not
reasonably pass through a stack, chimney, vent, roof monitor, or other
functionally equivalent opening.

22.	“Actual emissions” means the actual rate of emissions of a
regulated NSR pollutant from an emissions unit, as determined in
accordance with subparts (i) through (iii) below, except that this
definition shall not apply for calculating whether a significant
emissions increase has occurred, or for establishing a PAL under
subparagraph (s) of this paragraph.  Instead, parts (b)38. and (b)45. of
this paragraph shall apply for those purposes.

(i)	In general, actual emissions as of a particular date shall equal the
average rate, in tons per year, at which the unit actually emitted the
pollutant during a 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)	The Technical Secretary may presume that source-- specific
allowable emissions for the unit are equivalent to the actual emissions
of the 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.

23.	“Complete” means, in reference to an application for a permit,
that the application contains all the information necessary for
processing the application.  Designating an application complete for
purposes of permit processing does not preclude the Technical Secretary
from requesting or accepting any additional information.

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

(i)	Pollutant and Emissions Rate

(I)	Carbon monoxide:  100 tons per year (tpy)

(II)	Nitrogen oxides:  40 tpy

(III)	Sulfur dioxide:  40 tpy

(IV)	Particulate matter:  25 tpy of particulate matter emissions; 15 tpy
of PM10 emissions.

(V)	Ozone:  40 tpy of volatile organic compounds or nitrogen oxides.

(VI)	Lead (elemental):  0.6 tpy

(VII)	Fluorides (excluding HF):  3 tpy

(VIII)	Sulfuric acid mist:  7 tpy

(IX)	Total reduced sulfur (including H2S):  10 tpy

(X)	Reduced sulfur compounds (including H2S):  10 tpy

(XI)	Municipal waste combustor organics (measured as total tetra-
through octa- chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x
10-6 megagrams per year (3.5 x 10-6 tpy).

(XII)	Municipal waste combustor metals (measured as particulate matter):
15 tpy

(XIII)	Municipal waste combustor acid gases (measured as sulfur dioxide
and hydrogen chloride):  36 megagrams per year (40 tpy)

(XIV)	Ozone depleting substances (listed under Section 602 of the
federal Clean Air Act):  40 tpy

(XV)	Hydrogen sulfide:  10 tpy

(XVI)	Municipal solid waste landfill emissions (measured as non-methane
organic compounds):  50 tpy

(ii)	“Significant” means, in reference to a net emissions increase
or the potential of a source to emit a regulated NSR pollutant subject
to regulations of EPA under the Clean Air Act and that subpart (b)24.(i)
does not list, any emissions rate.

(iii)	Notwithstanding subpart (b)24.(i), “significant” means any
emissions rate or any net emissions increase associated with a major
stationary source or major modification, which would construct within 10
kilometers of a Class I area and have an impact on such area equal to or
greater than 1 ug/m3 (24-hour average).

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

26.	“High terrain” means any area having an elevation 900 feet or
more above the base of the stack of a source.

27.	“Low terrain” means any area other than high terrain.

28.	“Adverse impact on visibility” means visibility impairment which
interferes with the management, protection, preservation or enjoyment of
the visitors visual experience of the Federal Class I area.  This
determination must be made on a case-by-case basis taking into account
the geographic extent, intensity, duration, frequency and time of
visibility impairments, and how these factors correlate with the times
of visitor use of the Federal Class I area, and with the frequency and
timing of natural conditions that reduce visibility.

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

(i)	This includes any such organic compound other than the following,
which have been determined to have negligible photochemical reactivity:
methane; ethane; methylene chloride (dichloromethane);
1,1,1-trichloroethane (methyl chloroform);
1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane
(CFI-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane
(HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro
1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115);
1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane
(HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro
1,1-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane
(HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane
(HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane
(HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or
linear completely methylated siloxanes; acetone; perchloroethylene
(tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane
(HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC-43-10mee); difluoromethane
(HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane
(HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-245ca);
1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane
(HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa);
1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane
(HFC-365mfc); chlorofluoromethane (HCFC-31); 1-chloro-1-fluoroethane
(HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3);
2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5); methyl acetate;
1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE–7000);
3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane
(HFE–7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl
formate (HCOOCH3); and perfluorocarbon compounds which fall into these
classes:

(I) 	Cyclic, branched, or linear, completely fluorinated alkanes;

(II)	Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations;

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

(IV) 	Sulfur containing perfluorocarbons with no unsaturations and with
sulfur bonds only to carbon and fluorine.

(ii)	For purposes of determining compliance with emissions limits, VOC
will be measured by the test methods in the approved State
implementation plan (SIP) or 40 CFR part 60, Appendix A, as applicable.
Where such a method also measures compounds with negligible
photochemical reactivity, these negligibility-reactive compounds may be
excluded as VOC if the amount of such compounds is accurately
quantified, and such exclusion is approved by the Technical Secretary.

(iii)	As a precondition to excluding these compounds as VOC or at any
time thereafter, the Technical Secretary may require an owner or
operator to provide monitoring or testing methods and results
demonstrating, to the satisfaction of the Technical Secretary, the
amount of negligibly-reactive compounds in the source’s emissions.

(iv)	For purposes of enforcement for a specific source, the test methods
specified in these regulations, in the approved SIP, or in a permit
issued pursuant to these regulations shall be used.

(v)	The following compound(s) are VOC for purposes of all recordkeeping,
emissions reporting, photochemical dispersion modeling and inventory
requirements which apply to VOC and shall be uniquely identified in
emission reports, but are not VOC for purposes of VOC emissions
limitations or VOC content requirements: t-butyl acetate.

30.	“Dispersion technique” shall have the meaning as provided in
Chapter 1200-3-24.

31.	“Good engineering practice” (GEP) shall have the meaning as
provided in Chapter 1200-3-24.

32.	“Welfare” all language referring to effects on welfare includes,
but is not limited to, effects on soils, water, crops, vegetation,
manmade materials, animals, wildlife, weather, visibility, and climate,
damage to and deterioration of property, and hazards to transportation,
as well as effects on economic values and on personal comfort and
well-being, whether caused by transformation, conversion, or combination
with other air pollutants.

33.	“Replacement unit” means an emissions unit for which all the
criteria listed in sub-parts (b)33.(i) through (iv) of this paragraph
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 54. of this subparagraphsub-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 change the basic design parameter(s) 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.

34.	“Significant emissions increase” means, for a regulated NSR
pollutant, an increase in emissions that is significant (as defined in
part (b)24. of this paragraph) for that pollutant.

35.	“Pollution control project (PCP)” means any activity, set of
work practices or project (including pollution prevention as defined
under part (b)36. of this paragraph) 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 sub-parts (b)35.(i) through (vi) of this paragraph
are presumed to be environmentally beneficial pursuant to sub-part
(r)2.(i) of this paragraph.  Projects not listed in these sub-parts may
qualify for a case-specific PCP exclusion pursuant to the requirements
of parts (r)2. and (r)5. of this paragraph.

(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 paragraph, “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 items (b)35.(vi)(I) and (II) of this paragraph.

(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 sub-items
(b)35.(vi)(II)I through IV of this paragraph.

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

II	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.

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

IV	If the value calculated in sub-item (b)35.(vi)(II)II of this
paragraph is more than the value calculated in sub-item
(b)35.(vi)(II)III of this paragraph, then the projected use of the new
substance is lower, on an ODP-weighted basis, than the baseline usage of
the replaced ODS.

36.	“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.

37.	Reserved.

38.	“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 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 part (b)38. of
this paragraph (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 part (b)45. of this paragraph and
that are also unrelated to the particular project, including any
increased utilization due to product demand growth; or,

(IV)	In lieu of using the method set out in items (b)(38.(i)(I) through
(III) of this paragraph, may elect to use the emissions unit’s
potential to emit, in tons per year, as defined under part (b)5. of this
paragraph.

39.	“Clean Unit” means any emissions unit that has been issued a
major NSR permit that requires compliance with BACT or LAER, is
complying with such BACT/LAER requirements, and qualifies as a Clean
Unit pursuant to subparagraph (p) of this paragraph; or any emissions
unit that has been designated by the Technical Secretary as a Clean
Unit, based on the criteria in sub-parts (q)3.(i) through (iv) of this
paragraph, using a plan-approved permitting process.

40.	“Prevention of Significant Deterioration Program” (PSD) program
means a major source preconstruction permit program that has been
approved by the Administrator and incorporated into the State
Implementation Plan (SIP) to implement the requirements of 40 CFR
51.166.  Any permit issued under such a program is a major NSR permit.

41.	“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.

42.	“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, O 2 or CO 2
concentrations), and calculate and record the mass emissions rate (for
example, lb/hr) on a continuous basis.

43.	“Continuous parameter monitoring system (CPMS)” means all of the
equipment necessary to meet the data acquisition and availability
requirements of this paragraph, 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, O 2 or CO 2 concentrations), and to record average operational
parameter value(s) on a continuous basis.

44.	“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).

45.	“Baseline actual emissions” means the rate of emissions, in tons
per year, of a regulated NSR pollutant, as determined in accordance with
sub-parts (b)45.(i) through (iv) of this paragraph.

(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 an emission limitation that was legally enforceable during the
consecutive 24-month period.

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:

I.	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.

II.	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.

III.		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.

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 item (b)45.(i)(II) of this paragraph.

(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 section 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.

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:

I.	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.

II.	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.

III.		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.

IV.		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 items (b)45.(ii)(II) and (III) of this paragraph.

(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 stationary source, the baseline actual emissions
shall be calculated for existing electric utility steam generating units
in accordance with the procedures contained in sub-part (b)45.(i) of
this paragraph, for other existing emissions units in accordance with
the procedures contained in sub-part (b)45.(ii) of this paragraph, and
for a new emissions unit in accordance with the procedures contained in
sub-part (b)45.(iii) of this paragraph.

46.	[Reserved]

47.	“Regulated NSR pollutant,” for purposes of this paragraph, means
the following:

(i)	Any pollutant for which a national ambient air quality standard has
been promulgated and any constituents or precursors for such pollutants
identified by the Administrator (e.g., volatile organic compounds are
precursors for ozone);

(ii)	Any pollutant that is subject to any standard promulgated under
section 111 of the Federal Clean Air Act;

(iii)	Any Class I or II substance subject to a standard promulgated
under or established by title VI of the Federal Clean Air Act; or

(iv)	Any pollutant that otherwise is subject to regulation under the
Federal Clean Air Act; except that any or all hazardous air pollutants
either listed in section 112 of the Federal Clean Air Act or added to
the list pursuant to section 112(b)(2) of the Federal Clean Air Act,
which have not been delisted pursuant to section 112(b)(3) of the
Federal Clean Air Act, are not regulated NSR pollutants unless the
listed hazardous air pollutant is also regulated as a constituent or
precursor of a general pollutant listed under section 108 of the Federal
Clean Air Act.

48.	“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 40
CFR 51.165, or the Administrator in the case of EPA-implemented permit
programs under 40 CFR 52.21.

49.	“Project” means a physical change in, or change in method of
operation of, an existing major stationary source.

50.	“Lowest achievable emission rate (LAER)” is as defined in
sub-part (5)(b)1.(xviii) of this rule.

51.	Reserved.

52.	Electric utility steam generating unit 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.

53.	“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.

54.	“Reconstruction” means the replacement of components of an
existing facility to such an extent that:

(i)	The fixed capital cost of the new components exceeds 50 percent of
the fixed capital cost that would be required to construct a comparable
entirely new facility, and

(ii)	It is technologically and economically feasible to meet the
applicable standards set forth in this chapter.

(iii)	This part applies only in this chapter 1200-3-9 unless specified
otherwise.

(c)	Major stationary sources and major modifications of sources are
subject to the provisions of this paragraph.Applicability.

1.	The requirements of this paragraph apply to the construction of any
new major stationary source (as defined in part (b)1. of this paragraph)
or any project at an existing major stationary source in an area
designated as attainment or unclassifiable under sections
107(d)(1)(A)(ii) or (iii) of the Federal Clean Air Act.

2.	The requirements of subparagraphs (j), (k), (l), and (n); parts (e)1.
2., and 7.; and parts (a)5., 6., 8., 9., and 10. of this paragraph apply
to the construction of any new major stationary source or the major
modification of any existing major stationary source, except as this
rule otherwise provides.

3.	No new major stationary source or major modification to which the
requirements of subparagraphs (j), (k), (l), and (n); parts (e)1. 2.,
and 7.; and parts (a)5., 6., 8., 9., and 10. of this rule apply shall
begin actual construction without a permit that states that the major
stationary source or major modification will meet those requirements.

4.	(i)	Except as otherwise provided in sub-parts (c)5. and 6. 4.(v) and
(vi) of this paragraph, and consistent with the definition of major
modification contained in part (b)2. of this paragraph, 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
part (b)34. of this paragraph), and a significant net emissions increase
(as defined in parts (b)4. and 24.of this paragraph).  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.

(ii)	The procedure for calculating (before beginning actual
construction) whether a significant emissions increase (i.e., the first
step of the process) will occur depends upon the type of emissions units
being modified, according to sub-parts (c)4.(iii) through (vi) of this
paragraph.  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 part (b)4. of this paragraph.  Regardless
of any such preconstruction projections, a major modification results if
the project causes a significant emissions increase and a significant
net emissions increase.

(iii)	Actual-to-projected-actual applicability test for projects that
only involve existing emissions units.  A significant emissions increase
of a regulated NSR pollutant is projected to occur if the sum of the
difference between the projected actual emissions (as defined in part
(b)38. of this paragraph) and the baseline actual emissions (as defined
in sub-parts (b)45.(i) and (ii) of this paragraph) for each existing
emissions unit, equals or exceeds the significant amount for that
pollutant (as defined in part (b)24. of this paragraph).

(iv)	Actual-to-potential test for projects that only involve
construction of a new emissions unit(s).  A significant emissions
increase of a regulated NSR pollutant is projected to occur if the sum
of the difference between the potential to emit (as defined in part
(b)5. of this paragraph) from each new emissions unit following
completion of the project and the baseline actual emissions (as defined
in sub-part (b)45.(iii) of this paragraph) of these units before the
project equals or exceeds the significant amount for that pollutant (as
defined in part (b)24. of this paragraph).

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

(vi)	Hybrid test for projects that involve multiple types of emissions
units.  A significant emissions increase of a regulated NSR pollutant is
projected to occur if the sum of the emissions increases for each
emissions unit, using the method specified in sub-parts (c)4.(iii)
through (v) of this paragraph 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 part (b)24. of this
paragraph).  For example, if a project involves both an existing
emissions unit and a Clean Unit, the projected increase is determined by
summing the values determined using the method specified in sub-part
(c)4.(iii) of this paragraph for the existing unit and determined using
the method specified in sub-part (c)4.(v) of this paragraph for the
Clean Unit.

5.	For any major stationary source for a PAL for a regulated NSR
pollutant, the major stationary source shall comply with requirements
under subparagraph (s) of this paragraph.

6.	An owner or operator undertaking a PCP (as defined in part (b)35. of
this paragraph) shall comply with the requirements under subparagraph
(r) of this paragraph.

(d)	Major stationary sources and major modifications are exempt from
certain provisions of this paragraph in accordance with the following:

1.	Major stationary sources or major modifications as defined in this
paragraph shall not be subject to the requirements of this paragraph
(except as provided in part (4)(a)7. of this paragraph) if:

(i)	The source or modification would be a major stationary source or
major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and such source does not belong to any
of the categories listed under subpart (b)1.(i), or any other stationary
source category which, as of the (effective date of this rule) is being
regulated under Chapters 1200-3-11 and 1200-3-16.

(ii)	The source or modification was subject to the new construction
rules and regulations as in effect before June 3, l981, and the owner or
operator:

(I)	Obtained all final Federal, State, and local preconstruction
approvals or permits necessary before June 3, l981.

(II)	Commenced construction within 18 months of receipt of all necessary
Federal, State, and local preconstruction approvals or permits; and

(III)	Did not discontinue construction for a period of 18 months or more
and completed construction within the time frame as allowed in part
1200-3-9-.01(4)(a)4.

(iii)	The source or modification was subject to the prevention of
significant deterioration rules and regulations as in effect before June
3, l981, and the owner or operator:

(I)	Submitted a completed application before June 3, l981.

(II)	Commenced construction within 18 months of receipt of all necessary
Federal, State, and local preconstruction approvals or permits; and

(III)	Did not discontinue construction for a period of 18 months or more
and completed construction within the time frame as allowed in part
1200-3-9-.01(4)(a)4.

(iv)	The source or modification was not subject to this paragraph, with
respect to particulate matter, as in effect before June 2, l990 and the
owner or operator:

(I)	Obtained all final Federal, State, and local preconstruction
approvals or permits necessary before June 2, l990.

(II)	Commenced construction within 18 months of receipt of all necessary
Federal, State, and local preconstruction approvals or permits; and

(III)	Did not discontinue construction for a period of 18 months or more
and completed construction within the time frame as allowed in part
1200-3-9-.01(4)(a)4.

2.	A major stationary source or modification as defined in this
paragraph that was subject to the prevention of significant
deterioration rules and regulations, with respect to particulate matter,
as in effect before June 2, l990 does not have to meet the PM10
requirements effective on June 2, l990 if the owner or operator:

(i)	Submitted a completed application (as determined by the Technical
Secretary) before June 2, l990.

(ii)	Commenced construction within 18 months of receipt of all necessary
Federal, State, and local preconstruction approvals or permits; and

(iii)	Did not discontinue construction for a period of 18 months or more
and completed construction within the time frame as allowed in part
1200-3-9-.01(4)(a)4.

3.	No major stationary source or major modification as defined in this
paragraph shall be subject to the requirements of this paragraph with
respect to a particular pollutant if the owner or operator demonstrates
that, as to that pollutant, the source or modification is located in an
area designated as nonattainment as defined in Rule 1200-3-2-.01.

4.	Source impact and air quality analysis as required in parts (e)1.,
(e)3., and (e)7. of this paragraph shall not apply to a proposed major
stationary source or major modification with respect to a particular
pollutant, if the allowable emissions of that pollutant from a new
source, or the net emissions increase of that pollutant from a
modification, would be temporary and impact no Class I area and no area
where an applicable increment is known to be violated.

5.	Source impact and air quality analysis as required in parts
(e)1.,(e)3., and (e)7. of this paragraph as they relate to any maximum
allowable increase for a Class II area do not apply to a major
modification of a stationary source that was in existence on March 1,
1978, if the net increase in allowable emissions of each regulated NSR
pollutant from the modification after the application of best available
control technology would be less than 50 tons per year.

6.	Air quality analysis as required in this paragraph may be exempted
with respect to preconstruction monitoring for a particular pollutant by
the Technical Secretary if:

(i)	The emissions increase of the pollutant from a new stationary source
or the net emissions increase of the pollutant from a modification would
cause, in any area, air quality impacts less than the following amounts:

(I)	Carbon monoxide - 575 ug/m3, 8-hour average;

(II)	Nitrogen dioxide - 14 ug/m3, annual average;

(III)	Particulate matter:

	10 ug/m3 of TSP, 24-hour average

	10 ug/m3 of PM10, 24-hour average;

(IV)	Sulfur dioxide - 13 ug/m3, 24-hour average;

(V)	Ozone - no deminimis air quality level has been established.
However, any net increase of 100 tons per year or more of volatile
organic compounds subject to PSD would be required to perform an ambient
impact analysis, including the gathering of ambient air quality data.

(VI)	Lead (elemental) - 0.1 ug/m3, 3-month average;

(VII)	Fluorides (excluding HF) - 0.25 ug/m3, 24-hour average;

(VIII) 	Total reduced sulfur - 10 ug/ m3, 1-hour average;

(IX)	Reduced sulfur compounds - 10 ug/ m3, 1-hour average; or

0.2 μg/m3, 1-hour average; or

(ii)	The pollutants are not listed in sub-part (d)6.(i); or

(iii)	Representative existing ambient air quality data, consistent with
the requirements of the Ambient Monitoring Guideline for Prevention of
Significant Deterioration (PSD), EPA-450/4-87-007, are available for any
pollutant as emitted by a major stationary source, or major
modification; or

(iv)	The existing air pollutant levels are conservatively estimated to
be less than the concentrations listed in subpart (i) of this part, and
a monitoring network may not reliably measure the predicted background
concentrations.

7.	A portable stationary source which has previously received
construction approval under the requirements of this paragraph may
relocate if:

(i)	Emissions from the source would be temporary and would not exceed
its allowable emissions; and

(ii)	The emissions from the source would impact no Class I area and no
area where an applicable increment is known to be violated; and

(iii)	Notice shall be given to the Technical Secretary 30 days prior to
the relocation, giving the new temporary location and the probable
length of operation at the new location.

8.	Exclusions from Increment Consumption

(i)	Maximum allowable increases (ambient air increments) as specified in
subparagraph 1200-3-9-.01(4)(f) shall not apply to concentrations as
described below.

(I)	Concentrations attributable to the increase in emissions from
stationary sources which have converted from the use of petroleum
products, natural gas, or both by reason of an order in effect under
sections 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) over the
emissions from such sources before the effective date of such an order;

(II)	Concentrations attributable to the increase in emissions from
sources which have converted from using natural gas by reason of a
natural gas curtailment plan in effect pursuant to an applicable Federal
law over the emissions from such sources before the effective date of
such plan;

(III)	Concentrations of particulate matter attributable to the increase
in emissions from construction or other temporary emissions-related
activities of new or modified sources;

(IV)	Concentrations attributable to the temporary increase in emissions
of sulfur dioxide, particulate matter, or nitrogen oxides from
stationary sources which are affected by plan revisions approved as
meeting the criteria specified in subpart 7.(iii).

(ii)	No exclusion of such concentrations shall apply more than five
years after the effective date of the order to which item 7.(i)(I)
refers or of the plan to which item 7.(i)(II) refers, whichever is
applicable.  If both such order and plan are applicable, no such
exclusion shall apply more than five years after the later of such
effective dates.

(iii)	For purposes of excluding concentrations pursuant to item
7.(i)(IV), the proposed plan revision shall:

(I)	Specify the time over which the temporary emissions increase of
sulfur dioxide, particulate matter, or nitrogen oxides would occur.
Such time is not to exceed two years in duration.

(II)	Specify that the time period for excluding certain contributions in
accordance with item 7.(iii)(I) is not renewable.

(III)	Allow no emission increase from a stationary source which would:

I.	Impact a Class I area or an area where an applicable increment is
known to be violated; or

II.	Cause or contribute to the violation of a national ambient air
quality standard;

(IV)	Require limitations to be in effect at the end of the time period
specified in accordance with item 7.(iii)(I) which would ensure that the
emissions levels from stationary sources affected by the plan revision
would not exceed those levels occurring from such sources before the
plan revision was approved.

9.	With the approval of the Technical Secretary, the requirements for
air quality monitoring of PM10 in part (e)7. of this paragraph may not
apply to a particular major stationary source or major modification if
the owner or operator submitted an application for a permit on or before
June 1, l988 and the Technical Secretary determines that the application
as submitted before that date was complete, except with respect to the
particulate matter monitoring requirements in part (e)7. of this
paragraph.

10.	Preapplication air quality analysis for ozone as required in part
(e)7. of this paragraph will not be necessary if the source owner or
operator chooses to meet the lowest achievable emission rate (LAER) in
lieu of meeting the requirements to apply best available control
technology (BACT) for emissions of volatile organic compounds or
nitrogen oxides and is required to conduct post-construction monitoring
for ozone.

(e)	The owner or operator of the proposed major stationary source or
major modification:

1.	Shall demonstrate by performing source impact analysis that allowable
emission increases from the proposed source or modification, in
conjunction with all other applicable emissions increases or reduction
(including secondary emissions) would not cause or contribute to air
pollution in violation of:

(i)	Any Tennessee ambient air quality standard in the source impact
area.

(ii)	Any applicable maximum allowable increase over the baseline
concentration in any area.

2.	Shall submit all data necessary to make the analyses and
determinations required under this paragraph.

(i)	The data shall include:

(I)	A description of the nature, location, design capacity, and typical
operating schedule of the source or modification, including
specifications and drawings needed for the review showing its design and
plant layout.

(II)	A detailed proposed schedule for construction of the source or
modification.

(III)	A detailed description as to what system of continuous emission
reduction is planned for the source or modification, emission estimates,
and any other information necessary to determine that best available
control technology (BACT) would be applied where required by this
paragraph.

(IV)	Additional impact analysis

I.	The impairment to visibility, soils, and vegetation that would occur
as a result of the source or modification and the associated general
commercial, residential, industrial, and other growth.  Vegetation
having no significant commercial or recreational value may be excluded
from the analysis.

II.	The air quality impact projected for the area as a result of general
commercial, residential, industrial, and other growth associated with
the source or modification.

III.	The Technical Secretary may require monitoring of visibility in any
Federal Class I area near the proposed new stationary source or major
modification, for such purposes and by such means as the Technical
Secretary deems necessary  and appropriate.

(ii)	Upon request by the Technical Secretary, the owner or operator
shall also provide information on:

(I)	The air quality impact of the source or modification, including
meteorological and topographical data.

(II)	The air quality impacts, and the nature and extent of any or all
general commercial, residential, industrial, and other growth which has
occurred since the PSD baseline date in the area the source or
modification would affect.  Such data in the possession of the Division
shall be made available to the owner or operator.

3.	Shall, after construction of the stationary source or modification,
conduct such post-construction monitoring as the Technical Secretary
determines is necessary to determine the effect emissions from the
stationary source or modification may have, or are having on air quality
in any area.

4.	Shall meet the quality assurance requirements as specified in the
Code of Federal Regulations, Title 40, Part 58, Appendix B, as published
July 1, 1991, during the operation of monitoring stations for purposes
of satisfying parts (e)3. and (e)7. of this paragraph.

5.	Shall insure that the major stationary source or the major
modification be in compliance with all applicable emission limitations
of this Division 1200-3.

6.	Shall pay the cost of all publications required under this paragraph.

7.	Shall perform the preapplication air quality analysis as outlined
below:

(i)	Any application for a construction permit pursuant to the
regulations of this paragraph shall contain an analysis of ambient air
quality in the area that the major stationary source or major
modification would affect for each of the following pollutants:

(I)	For the source, each pollutant that it would have the potential to
emit in a significant amount;

(II)	For the modification, each pollutant for which it would result in a
significant net emissions increase.

(ii)	For a pollutant for which an ambient air quality standard exists in
these regulations (other than non-methane hydrocarbons), the analysis
shall contain continuous air quality monitoring data gathered for
purposes of determining whether emissions of that pollutant would cause
or contribute to a violation of the standard or any maximum allowable
increase unless specifically exempted in subparagraph
1200-3-9-.01(4)(d).

(iii)	In general, the continuous air monitoring data that is required
shall have been gathered over a period of one year and shall represent
the year preceding receipt of the application, except that, if the
Technical Secretary determines that a complete and adequate analysis can
be accomplished with monitoring data gathered over a period shorter than
one year (but not to be less than four months), the data that is
required shall have been gathered over at least that shorter period.

(iv)	(Reserved)

(v)	With respect to any pollutant for which no Tennessee Ambient Air
Quality Standard exists, the analysis shall contain such air quality
monitoring data as is determined by the Technical Secretary and EPA to
be necessary to assess ambient air quality for that pollutant in any
area that the emissions of the pollutant would affect.

(vi)	The requirements for air quality monitoring of PM10 in subparts
(ii) and (iii) of this part shall apply to a particular source or
modification if the owner or operator of the source or modification
submits an application for a permit after June 1, 1988 and no later than
December 1, 1988.  The data shall have been gathered over at least the
period from February 1, 1988 to the date the application becomes
otherwise complete in accordance with the provisions set forth under (i
through v) of this part, except that if the Technical Secretary
determines that a complete and adequate analysis can be accomplished
with monitoring data over a shorter period (not to be less than 4
months), the data required in (i through v) shall have been gathered
over that shorter period.

(vii)	For any application that becomes complete, except as to the
requirements of subparts (ii) and (iii) of this part pertaining to PM10,
after December 1, 1988 and no later than August 1, 1989 the data that
subpart (ii) requires shall have been gathered over at least the period
from August 1, 1988 to the date the application becomes otherwise
complete, except that if the Technical Secretary determines that a
complete and adequate analysis can be accomplished with monitoring data
over a shorter period (not to be less than 4 months), the data that
subpart (ii) of this part requires shall have been gathered over that
shorter period.

(f)	Ambient Air Increments.  In areas designated as class I, II, or III,
increases in pollutant concentration over the baseline concentration
shall be limited to the following:

MAXIMUM ALLOWABLE INCREASE

(Micrograms per cubic meter)

Class I

Pollutant									ug/m3

PM-10:

	PM-10, Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .	  4

	PM-10, 24-hour maximum. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 	  8

Sulfur dioxide:

	Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	  2

	24-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .	  5

	3-hour maximum. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 	 25

Nitrogen dioxide:

	Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	2.5

Class II

PM-10-:

	PM-10-, Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 	 17

	PM-10-, 24-hour maximum. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	 30

Sulfur dioxide:

	Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	 20

	24-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .	 91

	3-hour maximum. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 	512

Nitrogen dioxide:

	Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	 25

Class III

PM-10-:

	PM-10-, Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 	 34

	PM-10-, 24-hour maximum. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	 60

Sulfur dioxide:

	Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	 40

	24-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .	182

	3-hour maximum. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 	700

Nitrogen dioxide:

	Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .	 50

	For any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location.

(g)	Area classifications - For the purpose of this paragraph, the
following classifications shall apply:

1.	Class I Areas - Great Smoky Mountains National Park, Joyce Kilmer
Slickrock National Wilderness Area, and the Cohutta Wilderness Area.

2.	Class III Areas - None

3.	Class II Areas - Remainder of the state

	Areas in surrounding states are classified as specified in the EPA
approved implementation plan for each adjoining state.

(h)	Restrictions on area classifications.

1.	All of the following areas which were in existence on August 7, 1977,
shall be Class I areas and may not be redesignated:

(i)	International parks,

(ii)	National wilderness areas which exceed 5,000 acres in size,

(iii)	National memorial parks which exceed 5,000 acres in size, and

(iv)	National parks which exceed 6,000 acres in size.

2.	Areas which were redesignated as Class I before August 7, 1977, shall
remain Class I, but may be redesignated as provided in this section.

3.	Any other area, unless otherwise specified in the legislation
creating such as area, is initially designated Class II, but may be
redesignated as provided in this section.

4.	The following areas may be redesignated only as Class I or II:

(i)	An area which as of August 7, 1977, exceeded 10,000 acres in size
and was a national monument, a national primitive area, a national
preserve, a national recreational area, a national wild and scenic
river, a national wildlife refuge, a national lakeshore or seashore; and

(ii)	A national park or national wilderness area established after
August 7, 1977, which exceeds 10,000 acres in size.

5.	In redesignation, the procedures specified in 40 CFR 51.166(g) as of
July 1, 1992, shall be applied.

(i)	Ambient air ceilings

1.	No concentration of a pollutant shall exceed the concentration
permitted under the Tennessee secondary ambient air quality standard
(Chapter 1200-3-3, Table 1), or the concentration permitted under the
Tennessee primary ambient air quality standard (Chapter 1200-3-3, Table
1), whichever concentration is lowest for the pollutant for a period of
exposure.

2.	Except as permitted by Section 123 of the Clean Air Act Amendments of
1977, dispersion techniques which exceed good engineering practice, and
which were implemented after December 31, 1970, will not be considered
when determining the emission limitations required for control of any
pollutant.

(j)	Control Technology Review

1.	A major stationary source or major modification shall meet each
applicable emissions limitation under this Division 1200-3 and the State
Implementation Plan, and each applicable emission standard and standard
of performance under 40 CFR parts 60 and 61.

2.	A new major stationary source shall apply best available control
technology for any each regulated NSR pollutant that it would have the
potential to emit in significant amounts.

3.	A major modification shall apply best available control technology
for any each regulated NSR pollutant 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 pollutant would occur as a result of a physical change
or change in the method of operation in the unit.

4.	For phased construction projects, the determination of best available
control technology 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 best available control technology for the source.

(k)	Air Quality Models.

	All estimates of ambient concentrations required under this paragraph
shall be based on the applicable air quality models, data bases, and
other requirements specified in 40 CFR Part 51 Appendix W, which is
incorporated by referencethe "Guideline on Air Quality Models (Revised)"
(1986) and Supplement A (1987) which are incorporated by reference.
Where an air quality impact model specified in 40 CFR Part 51 Appendix W
is the "Guideline on Air Quality Models (Revised)" (1986) and Supplement
A (1987) are inappropriate, the model may be modified or another model
substituted by the Technical Secretary after consultation with the EPA
Administrator.  The use of a modified or substituted model must be
subject to notice and opportunity for public comment under procedures
developed in accordance with subparagraph (l) of this paragraph.

(l)	Public Participation

1.	Within 30 days after receipt of an application to construct, or any
addition to such application, the Technical Secretary shall advise the
applicant of any deficiency in the application or in the information
submitted.  In the event of such a deficiency, the date of receipt of
the application shall be, for the purpose of this section, the date on
which the Technical Secretary received all required information.

2.	The Technical Secretary shall make a final determination on the
application no later than 6 months after receipt of a complete
application.  If there is a need for a longer period of time for review,
it shall be agreed upon by mutual consent.  In no case may this review
period be longer than 1 year.  The review process involves performing
the following actions:

(i)	Make a preliminary determination whether construction should be
approved, approved with conditions, or disapproved.

(ii)	Make available in at least one location in each air quality control
region in which the proposed source or modification would be constructed
a copy of all materials the applicant submitted, a copy of the
preliminary determination, and a copy or summary of other materials, if
any, considered in making the preliminary determination.

(iii)	Notify the public, by advertisement in a newspaper of general
circulation in each air quality control region in which the proposed
source or modification would be constructed, of the application, the
preliminary determination, the degree of increment consumption that is
expected from the source or modification, and the opportunity for
comment at a public hearing as well as written public comment.

(iv)	Send a copy of the notice of public comment to the applicant and to
officials and agencies having cognizance over the location where the
proposed construction would occur as follows:  State or local air
pollution control agencies, the chief executives of the city and county
where the source or modification would be located, any comprehensive
regional land use planning agency, the EPA Administrator, and any State
or Federal Land Manager whose lands may be affected by emissions from
the source or modification.

(v)	Provide opportunity for a public hearing for interested persons to
appear and submit written or oral comments on the air quality impact of
the source or modification, alternatives to it, the control technology
required, and other appropriate considerations.

(vi)	Consider all written comments submitted within a time specified in
the notice of public comment and all comments received at any public
hearing(s) in making a final decision on the approvability of the
application. No later than 10 days after the close of the public comment
period, the applicant may submit a written response to any comments
submitted by the public or request an extension for this purpose.  The
Technical Secretary shall consider the applicant’s response in making
a final decision.  The Technical Secretary shall make all comments
available for public inspection in the same locations where the
Technical Secretary made available preconstruction information relating
to the proposed source or modification.

(vii)	Make a final determination whether construction should be
approved, approved with conditions, or disapproved pursuant to this
paragraph.

(viii)	Notify the applicant in writing of the final determination and
make such notification available for public inspection at the same
location where the Technical Secretary made available preconstruction
information and public comments relating to the source or modification.

(ix)	All public comments and written comments prepared by the Technical
Secretary will be maintained in the public depositories for one year
from the date of issuance of the final determination.

(m)	Violations of Ambient Air Quality Increments or Standards

	The Technical Secretary shall not issue a construction permit to a
source or facility to construct in an area where the increment is known
to be violated or the air quality review predicts a violation of the
increment or the ambient air quality standards except in accordance with
the following:

1.	All new or modified facilities shall utilize good engineering
practice as determined by the Technical Secretary in designing stacks.
In no event shall that part of a stack which exceeds good engineering
practice stack height be taken into account for the purpose of
determining the degree of emission limitation required for the control
of any pollutant for which there is an ambient air quality standard
established in Chapter 1200-3-3, Table 1.

2.	A major source or modification which would normally be required to
meet BACT shall be required to meet the Lowest Achievable Emission Rate
(LAER) for that type of source as determined at the time of the permit
application.  The term “lowest achievable emission rate” shall be
defined as found in partparagraph 1200-3-9-.01(54)(b)50. of this rule.

3.	If requirements of parts 1200-3-9-.01(4)(m)1. and 2. are not adequate
to protect the increment or the ambient air quality standards, the
source shall obtain emission offsets, legally enforceable at or before
the time of PSD permit issuance, sufficient to predict that the
increment or air quality standard will no longer be violated.  The
offsets shall be accomplished on or before the time of the new source
operation and demonstrated through a source test or through another
method acceptable to the Technical Secretary.

4.	A major stationary source or major modification will be considered to
cause or contribute to a violation of an ambient air quality standard
when such source or modification would, at a minimum, exceed the
following significance levels at any locality that does not or would not
meet the applicable ambient air quality standard:

Pollutant	Annual	24 hour	8 hour	3 hour	1 hour

PM10

		1	5

Sulfur

  Dioxide	1	5		25

Carbon

   Monoxide			500		2000

Nitrogen

  Dioxide	1

(Levels are in units of micrograms per cubic meter.)

5.	This rule does not exempt the source from meeting the requirements of
paragraph 1200-3-9-.01(5).

(n)	Sources Impacting Class I Areas - Additional Requirements

1.	Notice to Federal Land Managers and the EPA Administrator

	The Technical Secretary shall promptly provide written notice of
receipt of any permit application for a proposed major stationary source
or major modification, the emissions from which may affect a Class I
area or which may have an adverse impact on visibility in any Class I
area to the EPA Administrator, the Federal Land Manager, and the Federal
official charged with direct responsibility for management of any lands
within any such area.  The Technical Secretary shall transmit to the EPA
Administrator and the Federal Land Manager a copy of each permit
application relating to a major stationary source or major modification
which would affect a Class I area.  This application shall include a
copy of all information relevant to the permit application and shall be
given within 30 days of receipt of the permit application, and at least
60 days prior to any public hearing on the application for a permit to
construct.  Such notification shall include an analysis of the proposed
source’s anticipated impacts on visibility in the Federal Class I
area.  The Technical Secretary shall also provide the EPA Administrator,
the Federal Land Manager and such Federal officials with a copy of the
preliminary determination and shall make available to them any materials
used in making that determination promptly after the Technical Secretary
makes it.  In addition, notification of public hearings, final
determinations, and permits issued shall be provided.  Finally, the
Technical Secretary shall also notify all affected Federal Land Managers
within 30 days of receipt of any advance notification of any such permit
application.

2.	Denial - Impact on Air Quality Related Values

	The Federal Land Manager of any such lands may demonstrate to the
Technical Secretary that the emissions from a proposed source or
modification would have an adverse impact on the air quality-related
values (including visibility) of those lands, notwithstanding that the
change in air quality resulting from emissions from such source or
modification would not cause or contribute to concentrations which would
exceed the maximum allowable increases for a Class I area.  If the
Technical Secretary concurs with such demonstration, then he shall not
issue the permit.

3.	Class I Variances

	The owner or operator of a proposed source or modification may
demonstrate to the Federal Land Manager that the emissions from such
source or modification would have no adverse impact on the air quality
related values of any such lands (including visibility), notwithstanding
that the change in air quality resulting from emissions from such source
or modification would cause or contribute to concentrations which would
exceed the maximum allowable increases for a Class I area.  If the
Federal Land Manager concurs with such demonstration and he so
certifies, the Technical Secretary, provided that the applicable
requirements of this paragraph are otherwise met, may issue the permit
with such emission limitations as may be necessary as approved by the
Tennessee Air Pollution Control Board to assure that emissions of sulfur
dioxide, particulate matter, and nitrogen oxides would not exceed the
following maximum allowable increases over baseline concentration for
such pollutants:

									Maximum

									allowable

									increase

Pollutant								ug/m3

PM-10-:

     PM-10-, Annual arithmeticgeometric mean. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 	17

     PM-10-, 24 hr. maximum . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .		 30

Sulfur dioxide:

     Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 	 20

     24-hr. maximum. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 	 91

     3-hr. maximum  . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 	325

Nitrogen dioxide:

     Annual arithmetic mean. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .	 25

4.	Visibility Analysis

	The Technical Secretary shall consider any analysis performed by the
Federal Land Manager, provided to the Technical Secretary within 30 days
of the notification and analysis required in part 1. of this
subparagraph, that a proposed new major stationary source or major
modification may have an adverse impact on visibility in any Federal
Class I area.  If the Technical Secretary concurs with the analysis then
he shall not issue the permit.  Where the Technical Secretary finds that
such an analysis does not demonstrate to the satisfaction of the
Technical Secretary that an adverse impact on visibility will result in
the Federal Class I area, the Technical Secretary must, in the notice of
public hearing on the permit application, either explain his decision or
give notice as to where the explanation can be obtained.

(o)	Innovative Control Technology

1.	The owner or operator of a proposed major stationary source or major
modification may request that the Technical Secretary approve a system
of innovative control technology.

2.	The Technical Secretary, with the consent of the Governor(s) of the
other affected State(s), may determine that the source or modification
may employ a system of innovative control technology if:

(i)	The proposed control system would not cause or contribute to an
unreasonable risk to public health, welfare, or safety in its operation
or function.

(ii)	The owner or operator agrees to achieve a level of continuous
emissions reduction equivalent to that which would have been required
under part 1200-3-9-.01(4)(j)1. by a date specified by the Technical
Secretary. Such date shall not be later than 4 years from the time of
startup, or 7 years from permit issuance.

(iii)	The source or modification would meet the requirements of parts
(e)1. and (j)1. based on the emission rate that the stationary source
employing the system of innovative control technology would be required
to meet on the date specified by the Technical Secretary.

(iv)	The source or modification shall not:

(I)	Cause or contribute to a violation of an applicable ambient air
quality standard; or

(II)	Have an adverse impact on any Class I area; or

(III)	Impact any area where an applicable increment is known to be
violated; and

(v)	All other applicable requirements including those for public
participation have been met.

3.	The Technical Secretary shall withdraw any approval to employ a
system of innovative control technology made under this subparagraph,
if:

(i)	The proposed system fails by the specified date to achieve the
required continuous emissions reduction rate; or

(ii)	The proposed system fails before the specified date so as to
contribute to ambient air quality violations, or to an unreasonable risk
to public health, welfare, or safety; or

(iii)	The Technical Secretary decides at any time that the proposed
system is unlikely to achieve the required level of control, or to
protect the public health, welfare, or safety.

4.	If a source or modification fails to meet the required level of
continuous emission reduction within the specified time period or the
approval is withdrawn in accordance with part (o)3., the Technical
Secretary may allow the source or modification up to an additional 3
years to meet the requirement for the application of best available
control technology through use of a demonstrated system of control.

(p)	Clean Unit Test for emissions units that are subject to BACT or
LAER.  The owner or operator of a major stationary source may use the
Clean Unit Test to determine whether emissions increases at a Clean Unit
are part of a project that is a major modification according to the
provisions in parts (p)1. through 9. of this paragraph.

1.	Applicability. The provisions of this sub-paragraph (p) apply to any
emissions unit for which the Technical Secretary has issued a major NSR
permit within the past 10 years.

2.	General provisions for Clean Units.  The provisions in sub-parts
(p)2.(i) through (iv) of this paragraph apply to a Clean Unit.

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

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

(iii)	If a project causes the need for a change in the emission
limitations or work practice requirements in the permit for the unit
that were adopted in conjunction with BACT or the project would alter
any physical or operational characteristics that formed the basis for
the BACT determination as specified in sub-part (p)6.(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 (p)3.(iii) 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 automatically qualifies as a Clean Unit when the unit
meets the criteria in sub-parts (p)3.(i) and (ii) of this paragraph.
After the original Clean Unit designation expires in accordance with
part (p)5. of this paragraph or is lost pursuant to sub-part (p)2.(iii)
of this paragraph, such emissions unit may re-qualify as a Clean Unit
under either sub-part (p)3.(iii) of this paragraph, or under the Clean
Unit provisions in subparagraph (q) of this paragraph.  To re-qualify as
a Clean Unit under sub-part (p)3.(iii) of this paragraph, the emissions
unit must obtain a new major NSR permit issued through the applicable
PSD program and meet all the criteria in sub-part (p)3.(iii) of this
paragraph.  The Clean Unit designation applies individually for each
pollutant emitted by the emissions unit.

(i)	Permitting requirement.  The emissions unit must have received a
major NSR permit within the past 10 years.  The owner or operator must
maintain and be able to provide information that would demonstrate that
this permitting requirement is met.

(ii)	Qualifying air pollution control technologies.  Air pollutant
emissions from the emissions unit must be reduced through the use of air
pollution control technology (which includes pollution prevention as
defined under part (b)36. of this paragraph or work practices) that
meets both the following requirements in items (p)3.(ii)(I) and (II) of
this paragraph.

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

(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 expenses to apply a pollution
prevention technique to an emissions unit.

(iii)	Re-qualifying for the Clean Unit designation.  The emissions unit
must obtain a new major NSR permit that requires compliance with the
current-day BACT (or LAER), and the emissions unit must meet the
requirements in sub-parts (p)3.(i) and (p)3.(ii) of this paragraph.

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

(i)	Original Clean Unit designation, and emissions units that re-qualify
as Clean Units by implementing a new control technology to meet
current-day BACT.  The effective date is the date the emissions unit’s
air pollution control technology is placed into service, or 3 years
after the issuance date of the major NSR permit, whichever is earlier,
but no sooner than the date that provisions for the Clean Unit
applicability test are approved by the Administrator for incorporation
into the State Implementation Plan and become effective.

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

5.	Clean Unit expiration.  An emissions unit’s Clean Unit designation
expires (that is, the date on which the owner or operator may no longer
use the Clean Unit Test to determine whether a project affecting the
emissions unit is, or is part of, a major modification) according to the
applicable sub-part (p)5.(i) or (ii) of this paragraph.

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

(ii)	Emissions units that re-qualify for the Clean Unit designation
using an existing control technology.  For any emissions unit that
re-qualifies as a Clean Unit under sub-part (p)3.(iii) of this paragraph
using an existing control technology, the Clean Unit designation expires
10 years after the effective date; or, it expires any time the owner or
operator fails to comply with the provisions for maintaining the Clean
Unit designation in part (p)7. of this paragraph.

6.	Required title V permit content for a Clean Unit.  After the
effective date of the Clean Unit designation, and in accordance with the
provisions of the applicable title V permit program under paragraph
.02(11) of this rule, but no later than when the title V permit is
renewed, the title V permit for the major stationary source must include
the following terms and conditions related to the Clean Unit in
sub-parts (p)6.(i) through (vi) of this paragraph.

(i)	A statement indicating that the emissions unit qualifies as a Clean
Unit and identifying the pollutant(s) for which this Clean Unit
designation applies.

(ii)	The effective date of the Clean Unit designation.  If this date is
not known when the Clean Unit designation is initially recorded in the
title V permit (e.g., because the air pollution control technology is
not yet in service), the permit must describe the event that will
determine the effective date (e.g., the date the control technology is
placed into service).  Once the effective date is determined, the owner
or operator must notify the 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 Clean Unit designation is initially recorded into
the title V permit (e.g., because the air pollution control technology
is not yet in service), then the permit must describe the event that
will determine the expiration date (e.g., the date the control
technology is placed into service).  Once the expiration date is
determined, the owner or operator must notify the 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 BACT, and any physical or operational characteristics
that formed the basis for the BACT determination (e.g., possibly the
emissions unit’s capacity or throughput).

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

7.	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 (p)7.(i) through (iii) of this paragraph. This part
(p)7. applies independently to each pollutant for which the emissions
unit has the Clean Unit designation.  That is, failing to conform to the
restrictions for one pollutant affects 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 in conjunction with the BACT that is
recorded in the major NSR permit, and subsequently reflected in the
title V permit.  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
BACT determination (e.g., possibly the emissions unit’s capacity or
throughput).

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

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

8.	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 the Clean Unit designation, or after
the Clean Unit designation expires; or, unless the emissions unit
reduces emissions below the level that qualified the unit as a Clean
Unit.  However, if the Clean Unit reduces emissions below the level that
qualified the unit as a Clean Unit, then the owner or operator may
generate a credit for the difference between the level that qualified
the unit as a Clean Unit and the new emission limitation if such
reductions are surplus, quantifiable, and permanent.  For purposes of
generating offsets, the reductions must also be federally enforceable.
For purposes of determining creditable net emissions increases and
decreases, the reductions must also be enforceable as a practical
matter.

9.	Effect of redesignation on the Clean Unit designation.  The Clean
Unit designation of an emissions unit is not affected by redesignation
of the attainment status of the area in which it is located.  That is,
if a Clean Unit is located in an attainment area and the area is
redesignated to nonattainment, its Clean Unit designation is not
affected. Similarly, redesignation from nonattainment to attainment does
not affect the Clean Unit designation.  However, if an existing Clean
Unit designation expires, it must re-qualify under the requirements that
are currently applicable in the area.

(q)	Clean Unit provisions for emissions units that achieve an emission
limitation comparable to BACT.  The owner or operator of a major
stationary source may use the Clean Unit Test to determine whether
emissions increases at a Clean Unit are part of a project that is a
major modification according to the provisions in parts (q)1. through
11. of this paragraph.

1.	Applicability.  The provisions of this sub-paragraph (q) apply to
emissions units which do not qualify as Clean Units under sub-paragraph
(p) of this paragraph, but which are achieving a level of emissions
control comparable to BACT, as determined by the Technical Secretary in
accordance with this sub-paragraph (q).

2.	General provisions for Clean Units.  The provisions in sub-parts
(q)2.)(i) through (iv) of this paragraph apply to a Clean Unit.

(i)	Any project for which the owner or operator begins actual
construction after the effective date of the Clean Unit designation (as
determined in accordance with part (q)5. of this paragraph) and before
the expiration date (as determined in accordance with part (q)6. of this
paragraph) will be considered to have occurred while the emissions unit
was a Clean Unit.

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

(iii)	If a project causes the need for a change in the emission
limitations or work practice requirements in the permit for the unit