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Now, there exists a distinct possibility that several pieces of the NSR applicability puzzle could change depending on the outcome of an ongoing NSR enforcement action filed by the U. The NAAQS are the ultimate basis of the NSR programs. EPA enforcement action involves the potential modification of an existing major stationary source, and more specifically involves the detailed math of determining how much of an emission increase will result from the modification.The NSR programs were established to ensure that the NAAQS are attained and maintained as major new emissions sources are constructed and as existing emission sources are modified in a manner that increases their emissions as a part of facility expansion projects. Determining whether or not a project at an existing major stationary source will result in a “net significant increase” under the NSR rules at face value does not appear to be a difficult task.Some documents in the database are a scanned or retyped version of a paper photocopy of the original. Michigan, February 7, 1989Final Determinations Regarding the Applicability of the Clean Air Act's NSPS and PSD Requirements to the Proposed Life Extension Project at the Port Washington Steam Electric Generating Station Owned by WEPCOResponse to Question on whether the Combustion of Municipal Sewage Sludge would Qualify as "Municipal Solid Waste" under the Exemption Provided in Section IV. We have taken considerable effort to quality assure the documents, but some may contain typographical errors. To re-sort, click on the column heading of interest.Click again to switch between ascending and descending order.This is sometimes called the “demand growth exclusion.” The NSR regulations prescribe that an emission increase is determined by the calculation of the difference between the baseline actual emissions (BAE) and PAE, and allows for subtracting from this result those potential emission increases that are excludable because the emissions unit could have accommodated (or generated) those emissions prior to the modification except for the lack of demand to operate.This is a fair practice since almost every emission source does not operate at maximum levels and maximum hours, and to use that difference as proof that the source underwent a major modification would make almost every physical modification of a major source subject to NSR permitting.

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The notice predicted that a post-project emissions increase would occur, but that the increase in emissions was unrelated to the project and should be excluded as the result of increased demand. EPA asserted that the facility was required to obtain a pre-construction permit from MDEQ because the project was a major modification under the Michigan NSR regulations and that the source’s notice to MDEQ was untimely and deficient, stating that the notice included no explanation of why emissions were excluded. EPA’s concern that sources could manage emission to pre-construction projections for five (5) years and then increase emissions thereafter.A key piece of the equation and apparently the key issue in U. EPA’s 2010 enforcement action is how “excludable” emissions are determined and used in an NSR applicability evaluation.The term excludable is not defined within the NSR rules but is used to describe the emissions that an emissions unit “could have accommodated” during the 24-month baseline period used to establish BAE for the unit in an applicability evaluation.Typically for an industrial process, the use of a peak month of production during the 24-month baseline period is selected and the production associated with that month is annualized, (i.e., multiplied by 12) and then adjusted to reflect realistic annual operating rates (i.e., accounting for “normal” maintenance downtime and outages).As an extra measure of applicability, the facility making a physical change that was determined not to trigger NSR permitting must still keep records to show that either no emission increase occurred after the source modification for five (5) years, or in the case of an emission increase that is not large enough to trigger NSR permitting the facility must demonstrate that their PAE level is not exceeded for a period of 10 years.However, it can be a very difficult task to quantify the actual emission increase that will result from the modification being proposed.