Subpart W-Determining Conformity of General Federal Actions to State or Federal Implementation Plans Sec. 51.850 Prohibition. 51.851 State implementation plan (SIP) re vision. 51.852 Definitions. 51.853 Applicability. 51.854 Conformity analysis. 51.855 Reporting requirements. 51.856 Public participation. 51.857 Frequency of conformity determinations. 51.858 Criteria for determining conformity of general Federal actions. 51.859 Procedures for conformity determinations of general Federal actions. 51.860 Mitigation of air quality impacts. APPENDICES TO PART 51 APPENDICES A-K-[RESERVED] APPENDIX M-RECOMMENDED TEST METHODS APPENDIX P-MINIMUM EMISSION MONITORING REQUIREMENTS APPENDICES Q-R-[RESERVED] APPENDIX S-EMISSION OFFSET INTERPRETATIVE RULING APPENDIX T-U-[RESERVED] APPENDIX V-CRITERIA FOR DETERMINING THE COMPLETENESS OF PLAN SUBMISSIONS APPENDIX W-GUIDELINE ON AIR QUALITY MODELS (REVISED] AUTHORITY: 42 U.S. C. 7401(a)(2), 7475(e), 7502(a) and (b). 7503. 9601(a)(1) and 7602. SOURCE: 36 FR 22398, Nov. 25, 1971, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes affecting part 51 appear at 51 FR 40661, Nov. 7, 1986. Subparts A-E-(Reserved) Subpart F-Procedural SOURCE: 51 FR 40661, Nov. 7, 1986, unless otherwise noted. 851.100 Definitions. As used in this part, all terms not defined herein will have the meaning given them in the Act: (a) Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by Pub. L. 91-604, 84 Stat. 1676 Pub. L. 95-95, 91 Stat., 685 and Pub. L. 95-190, 91 Stat., 1399.) (b) Administrator means the Administrator of the Environmental Protection Agency (EPA) or an authorized representative. (c) Primary standard means a national primary ambient air quality standard promulgated pursuant to section 109 of the Act. (d) Secondary standard means a national secondary ambient air quality standard promulgated pursuant to section 109 of the Act. (e) National standard means either a primary or secondary standard. (f) Owner or operator means any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly result or may result in emissions of any air pollutant for which a national standard is in effect. (g) Local agency means any local government agency other than the State agency, which is charged with responsibility for carrying out a portion of the plan. (h) Regional Office means one of the ten (10) EPA Regional Offices. (1) State agency means the air pollution control agency primarily responsible for development and implementation of a plan under the Act. (j) Plan means an implementation plan approved or promulgated under section 110 of 172 of the Act. (k) Point source means the following: (1) For particulate matter, sulfur oxides, carbon monoxide, volatile organic compounds (VOC) and nitrogen diox ide (1) Any stationary source the actual emissions of which are in excess of 90.7 metric tons (100 tons) per year of the pollutant in a region containing an area whose 1980 urban place population, as defined by the U.S. Bureau of the Census, was equal to or greater than 1 million. (ii) Any stationary source the actual emissions of which are in excess of 22.7 metric tons (25 tons) per year of the pollutant in a region containing an area whose 1980 urban place population, as defined by the U.S. Bureau of the Census, was less than 1 million; or (2) For lead or lead compounds measured as elemental lead, any stationary source that actually emits a total of 4.5 metric tons (5 tons) per year or more. (1) Area source means any small residential, governmental, institutional, commercial, or industrial fuel combustion operations; onsite solid waste disposal facility; motor vehicles, aircraft vessels, or other transportation facilities or other miscellaneous sources identified through inventory techniques similar to those described in the "AEROS Manual series, Vol. II AEROS User's Manual," EPA-450/2-76-029 December 1976. (m) Region means an area designated as an air quality control region (AQCR) under section 107(c) of the Act. (n) Control strategy means a combination of measures designated to achieve the aggregate reduction of emissions necessary for attainment and maintenance of national standards including, but not limited to, measures such as: (1) Emission limitations. (2) Federal or State emission charges or taxes 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 as the Administrator determines 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 to gaseous fuels. (7) Any transportation control measure including those transportation measures listed in section 108(f) of the Clean Air Act as amended. (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 national primary or secondary air quality standard and is approved by the Administrator under section 211(c)(4)(C) of the Act. (0) Reasonably available control technology (RACT) means devices, systems process modifications, or other apparatus or techniques that are reasonably available taking into account (1) the necessity of imposing such controls in order to attain and maintain a national ambient air quality standard, (2) the social, environmental and economic impact of such controls, and (3) alternative means of providing for attainment and maintenance of such standard, (This provision defines RACT for the purposes of §§51.110(c)(2) and 51.341(b) only.) (p) Compliance schedule means the date or dates by which a source or category of sources is required to comply with specific emission limitations contained in an implementation plan and with any increments of progress toward such compliance. (q) Increments of progress means steps toward compliance which will be taken by a specific source, including: (1) Date of submittal of the source's final control plan to the appropriate air pollution control agency; (2) Date by which contracts for emission control systems or process modifications will be awarded; or date by which orders will be issued for the purchase of component parts to accomplish emission control or process modification; (3) Date of initiation of on-site construction or installation of emission control equipment or process change; (4) Date by which on-site construction or installation of emission control equipment or process modification is to be completed; and (5) Date by which final compliance is to be achieved. (r) Transportation control measure means any measure that is directed toward reducing emissions of air pollutants from transportation sources. Such measures include, but are not limited to, those listed in section 108(f) of the Clean Air Act. (s) Volatile organic compounds (VOC) means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, 1,1-difluoroethane (HCFC-124); pentafluoroethane (HFC125); 1,1,2,2-tetrafluoroethane (HFC134); 1,1,1-trifluoroethane (HFC-143a); (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; and perfluorocarbon compounds which fall into these classes: (1) 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. (2) 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 enforcement authority. (3) As a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement au thority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the enforcement authority, the amount of negligibly-reactive compounds in the source's emissions. (4) For purposes of Federal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated under title V of the Act, or under 40 CFR part 51, subpart I or appendix S, or under 40 CFR parts 52 or 60. The EPA shall not be bound by any State determination as to appropriate methods for testing or monitoring negligibly-reactive compounds if such determination is not reflected in any of the above provisions. (t)-(w) [Reserved] (x) Time period means any period of time designated by hour, month, season, calendar year, averaging time, or other suitable characteristics, which ambient air quality is estimated. for (y) Variance means the temporary deferral of a final compliance date for an individual source subject to an approved regulation, or а temporary change to an approved regulation as it applies to an individual source. (z) Emission limitation and emission standard mean a requirement established by a State, local government, or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. (aa) Capacity factor means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment. (bb) Excess emissions means emissions of an air pollutant in excess of an emission standard. (cc) Nitric acid plant means any facility producing nitric acid 30 to 70 percent in strength by either the pressure or atmospheric pressure process. (dd) Sulfuric acid plant means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds. (ee) Fossil fuel-fired steam generator means a furnance or bioler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer. (ff) Stack means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares. (gg) A stack in existence means that the owner or operator had (1) begun, or caused to begin, a continuous program of physical on-site construction of the stack or (2) entered into binding agreements obligations, or contractual which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed within a reasonable time. (hh)(1) Dispersion technique means any technique which attempts to affect the concentration of a pollutant in the ambient air by: (1) Using that portion of a stack which exceeds good engineering practice stack height: (ii) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or (iii) Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. (2) The preceding sentence does not include: (i) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; (ii) The merging of exhaust gas streams where: (A) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; (B) After July 8, 1985 such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of dispersion techniques shall apply only to the emission limitation for the pollutant affected by such change in operation; or (C) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects of such merging in calculating the allowable emissions for the source; (iii) Smoke management in agricultural or silvicultural prescribed burning programs; (iv) Episodic restrictions on residential woodburning and open burning; or (v) Techniques under §51.100(hh)(1)(iii) which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. (ii) Good engineering practice (GEP) stack height means the greater of: (1) 65 meters, measured from the ground-level elevation at the base of the stack: (2)(1) For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required under 40 CFR parts 51 and 52. H=2.5H, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation: (ii) For all other stacks, H2=H + 1.5L where H=good engineering practice stack height, measured from the ground-level elevation at the base of the stack, H-height of nearby structure(s) measured from the ground-level elevation at the base of the stack. L-lesser dimension, height or projected width, of nearby structure(s) provided that the EPA, State or local control agency may require the use of a field study or fluid model to verify GEP stack height for the source; or (3) The height demonstrated by a fluid model or a field study approved by the EPA State or local control agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features. (jj) Nearby as used in §51.100(ii) of this part is defined for a specific structure or terrain feature and (1) For purposes of applying the formulae provided in §51.100(11)(2) means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1⁄2 mile), and (2) For conducting demonstrations under §51.100(ii)(3) means not greater than 0.8 km (1⁄2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed 2 miles if such feature achieves a height (H) 0.8 km from the stack that is at least 40 percent of the GEP stack height determined by the formulae provided in §51.100(ii)(2)(ii) of this part or 26 meters, whichever is greater, as measured from the groundlevel elevation at the base of the stack. The height of the structure or terrain feature is measured from the groundlevel elevation at the base of the stack. (kk) Excessive concentration is defined for the purpose of determining good en gineering practice stack height under §51.100(ii)(3) and means: (1) For sources seeking credit for stack height exceeding that established under §51.100(ii)(2) a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the prevention of significant deterioration program (40 CFR 51.166 and 52.21), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this part shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the authority administering the State implementation plan, an alternative emission rate shall be established in consultation with the source owner or operator. (2) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under §51.100(ii)(2), either (i) a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as provided in paragraph (kk)(1) of this section, except that the emission rate specified by any applicable State implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local 157-143 096 -26 |