All of the definitions in 40 CFR 52.21(b) as they existed on May 1, 2023 are hereby incorporated by reference. This section incorporates these definitions to support the implementation of 40 CFR Section 52.21, Prevention of Significant Deterioration of Air Quality. Selected definitions are included here for convenience. If a conflict is found, the definition in 40 CFR Section 52.21 shall apply.
"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 emissions increase as defined in 40 CFR 52.21(b)(40) of a regulated NSR pollutant, and a significant net emissions increase as defined in 40 CFR 52.21(b)(3) of that pollutant from the major stationary source. Any significant emissions increase from any emissions unit or net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.
A physical change or change in the method of operation shall not include:
(1) Routine maintenance, repair, and replacement;(2) Use of an alternative fuel or raw material by reason of an order pursuant to Sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 or any superseding legislation or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;(3) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;(5) Use of an alternative fuel or raw material by a stationary source which: (A) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited pursuant to any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR Section 52.21 or to regulations approved pursuant to 40 CFR Part 51 Subpart I or 40 CFR Section 51.166; or(B) The source is approved to use under any permit issued pursuant to 40 CFR Section 52.21 or regulations approved pursuant to 40 CFR Section 51.166;(6) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR Section 52.21 or regulations approved pursuant to 4 0 CFR Part 51 Subpart I or 40 CFR Section 51.166;(7) Any change in ownership at a stationary source;(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project as defined in 40 CFR 52.21(b)(36), provided the project complies with: (A) Hawaii state implementation plan; and(B) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated;(9) The installation or operation of a permanent clean coal technology demonstration project as defined in 40 CFR 52.21(b) (34-35) that constitutes repowering as defined in 40 CFR 52.21(b)(37), provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis; or(10) The reactivation of a very clean coal-fired electric utility steam generating unit as defined in 40 CFR 52.21(b)(38);This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 40 CFR Paragraph 52.21(aa) for a Plant Applicability Limitation (PAL) for that pollutant.
Instead, the definition at 40 CFR Paragraph 52.21(aa)(2)(viii) shall apply.
"Major stationary source" means:
(1) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, one hundred tons per year or more of any regulated NSR pollutant other than the pollutant greenhouse gases:(A) Fossil fuel fired steam electric plants of more than two hundred fifty million BTU per hour heat input;(B) Coal cleaning plants (with thermal dryers);(D) Portland cement plants;(E) Primary zinc smelters;(F) Iron and steel mills;(G) Primary aluminum ore reduction plants (with thermal dryers);(H) Primary copper smelters;(I) Municipal incinerators capable of charging more than two hundred fifty tons of refuse per day;(J) Hydrofluoric, sulfuric, and nitric acid plants;(K) Petroleum refineries; (M) Phosphate rock processing plants; (O) Sulfur recovery plants;(P) Carbon black plants (furnace process);(Q) Primary lead smelters;(R) Fuel conversion plants;(T) Secondary metal production plants;(U) Chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140);(V) Fossil fuel boilers (or combinations thereof) totaling more than two hundred fifty million BTU per hour heat input;(W) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels;(X) Taconite ore processing plants;(Y) Glass fiber processing plants; and(Z) Charcoal production plants;(2) Notwithstanding the stationary source size specified in this definition, any stationary source which emits, or has the potential to emit two hundred fifty tons per year or more of a regulated NSR pollutant other than the pollutant greenhouse gases; or(3) Any physical change that would occur at a stationary source not otherwise qualifying under this definition as a major stationary source, if the changes would constitute a major stationary source by itself.A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone. The fugitive emissions of a stationary source shall not be included in determining whether the source is a major stationary source, unless the source belongs to one of the following categories of stationary sources:
(1) Coal cleaning plants (with thermal dryers);(3) Portland cement plants;(4) Primary zinc smelters;(5) Iron and steel mills;(6) Primary aluminum ore reduction plants;(7) Primary copper smelters;(8) Municipal incinerators capable of charging more than two hundred fifty tons of refuse per day;(9) Hydrofluoric, sulfuric, or nitric acid plants;(10) Petroleum refineries;(12) Phosphate rock processing plants;(13) Coke oven batteries;(14) Sulfur recovery plants;(15) Carbon black plants (furnace process);(16) Primary lead smelters;(17) Fuel conversion plants;(19) Secondary metal production plants;(20) Chemical process plants - the term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;(21) Fossil fuel boilers (or combination thereof) totaling more than two hundred fifty million BTU per hour heat input;(22) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels;(23) Taconite ore processing plants;(24) Glass fiber processing plants;(25) Charcoal production plants;(26) Fossil fuel fired steam electric plants of more than two hundred fifty million BTU per hour heat input; and(27) Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act."NSR" means New Source Review and is synonymous to PSD Review.
"Regulated NSR pollutant" means the following:
(1) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursor for such pollutant. Precursors identified by the Administrator for purposes of NSR are the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas;(B) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas; and(C) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas.(2) Any pollutant that is subject to any standard promulgated under section 111 of the Act;(3) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act;(4) Any pollutant that otherwise is subject to regulation under the Act as defined in this subchapter,(5) Notwithstanding paragraphs (1) through (4) of this definition, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted pursuant to section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act.(6) PM2.5 and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Compliance with emissions limitations for PM2.5 and PM10 issued prior to January 1, 2011 shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the Hawaii state implementation plan. Applicability determinations made prior to January 1, 2011 without accounting for condensable particular matter shall not be considered in violation of this subchapter."Significant" means in reference to a net emissions increase or the potential of a source to emit any of the following pollutants:
(1) A rate of emissions that would equal or exceed any of the following pollutant emission rates: (A) Carbon monoxide: one hundred tpy;(B) Nitrogen oxides: forty tpy;(C) Sulfur dioxide: forty tpy;(D) Particulate matter: twenty-five tpy of particulate matter emissions;(F) PM2.5: ten tpy of direct PM2.5 emissions; forty tpy of sulfur dioxide emissions; forty tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under 40 CFR 52.21(b) (50);(G) Ozone: forty tpy of volatile organic compounds or nitrogen oxides;(I) Fluorides: three tpy;(J) Sulfuric acid mist: seven tpy;(K) Hydrogen sulfide (H2S): ten tpy;(L) Total reduced sulfur (including H2S): ten tpy;(M) Reduced sulfur compounds (including H2S): ten tpy;(N) 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);(O) Municipal waste combustor metals (measured as particulate matter): fourteen megagrams per year (fifteen tpy);(P) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): thirty-six megagrams per year (forty tpy);(Q) Municipal solid waste landfills emissions (measured as nonmethane organic compounds): forty-five megagrams per year (50 tpy); or(R) Greenhouse gases: as specified in paragraphs (3) and (4) under the definition of 'Subject to Regulation" of this subchapter.(2) Any net emissions increase or the potential of a major stationary source to emit a regulated NSR pollutant that is not listed in paragraph (1), any emissions rate.(3) Notwithstanding paragraph (1), any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten kilometers of a Class I area, and have an impact on such area equal to or greater than 1 pg/m3, (twenty-four-hour average)."Subject to Regulation" means for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified in Title 40 CFR Chapter I, Subchapter C, Air Programs, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:
(1) Greenhouse gases (GHGs), the air pollutant defined in 40 CFR Subsection 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraph(4) of this definition and shall not be subject to regulation if the stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements of paragraphs 40 CFR 52.21(aa)(1) through (15), and complies with the PAL permit containing the GHG PAL.(2) For purposes of paragraphs (3) and (4) of this definition, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows: (A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR Part 98 -Global Warming Potentials.(B) Sum the resultant value from paragraph (2)(A) above for each gas to compute a tpy CO2e.(3) The term "emissions increase" as used in paragraph (4) of this definition shall mean that both a significant emissions increase (as calculated using the procedures in 40 CFR 52.21(a)(2)(iv)) and a significant net emissions increase (as defined in 40 CFR 52.21(b)(3) and (b) (23)) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy CO2e instead of applying the value in 40 CFR 52.21(b)(23)(ii).(4) GHGs are subject to regulation for major stationary source prevention of significant deterioration permits as follows: (A) For existing stationary sources, GHGs are subject to regulation (GHG BACT analysis) only if: (i) the stationary source is major due to the potential to emit of a non-GHG pollutant;(ii) the project would cause both a significant emissions increase and significant net emissions increase for a non-GHG pollutant; and(iii) the project would cause both 0026 emissions increase and CO2e net emissions increase equal to or greater than 75,000 tpy.(B) For new stationary sources, GHGs are subject to regulation (BACT analysis for GHGs) only if the stationary source:(i) is major due to the potential to emit another pollutant; and(ii) would have the potential to emit equal to or greater than 75,000 tpy of CO2e emissions.Haw. Code R. § 11-60.1-131
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; am and comp 11/14/03; comp 1/13/12; am and comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416, 7475; 40 C.F.R. Part 52) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416, 7475; 40 C.F.R. Part 52)