Section 204.1400  Recordkeeping and Reporting Requirements for Certain Projects at Major Stationary Sources

Except as otherwise provided in subsection (f)(2), the provisions of this Section apply with respect to any regulated NSR pollutant emitted from projects involving existing emissions unit or units at a major stationary source (other than projects at a source with a PAL) in circumstances in which there is a reasonable possibility, within the meaning of subsection (f), that a project that is not a major modification for the pollutant may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in Section 204.600(b)(1) through (b)(3) for calculating projected actual emissions.

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

1)         A description of the project;

2)         Identification of the emissions unit or units whose emissions of a regulated NSR pollutant could be affected by the project; and

3)         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 Section 204.600(b)(3), an explanation for why such amount was excluded, and any netting calculations, if applicable.

b)         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 subsection (a) to the Agency.  Nothing in this subsection shall be construed to require the owner or operator of such a unit to obtain any determination from the Agency before beginning actual construction.

c)         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 subsection (a)(2); 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 that regulated NSR pollutant at such emissions unit.

d)         If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Agency within 60 days after the end of each year during which records must be generated under subsection (c) setting out the unit's annual emissions during the calendar year that preceded submission of the report.

e)         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 Agency if the annual emissions, in tons per year, from the project identified in subsection (a), exceed the baseline actual emissions (as documented and maintained under subsection (a)(3), by a significant amount (as defined in Section 204.660) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained under subsection (a)(3).  Such report shall be submitted to the Agency within 60 days after the end of such year.  The report shall contain the following:

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

2)         The annual emissions as calculated under subsection (c); and

3)         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).

f)         A "reasonable possibility" under this Section occurs when the owner or operator calculates the project to result in either:

1)         A projected actual emissions increase of at least 50 percent of the amount that is a "significant emissions increase", as defined in Section 204.670 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or

2)         A projected actual emissions increase that, added to the amount of emissions excluded under Section 204.600(b)(3), sums to at least 50 percent of the amount that is a "significant emissions increase", as defined under Section 204.670 (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant.  For a project for which a reasonable possibility occurs only within the meaning of this subsection (f)(2), and not also within the meaning of subsection (f)(1), then subsections (b) through (e) do not apply to the project.

g)         The owner or operator of the source shall make the information required to be documented and maintained under this Section available for review upon a request for inspection by the Agency or USEPA or the general public pursuant to the requirements contained in Section 39.5(8)(e) of the Act.