Section 336.2903. Additional permit requirements for sources impacting nonattainment areas.

(1) No new major stationary source or major modification shall be constructed in an area designated as attainment or unclassifiable for any national ambient air quality standard under section 107 of the clean air act, without first applying for a permit to install under R 336.1201(1)(a). The department shall not approve any permit to install that would cause or contribute to a violation of any national ambient air quality standard.

(2)   A major source or major modification shall be considered to cause or contribute to a violation of a national ambient air quality standard when the source or modification would, at a minimum, exceed the following significance levels in table 191 at any locality that does not or would not meet the applicable national standard:

TABLE 191

Significance Levels

	Averaging Time
Pollutant	Annual	24 hours	8 hours	3 hours	1 hour
Sulfur dioxide	1.0 ug/m3	5 ug/m3		25 ug/m3
PM-10	1.0 ug/m3	5 ug/m3
PM 2.5	0.3 ug/m3	1.2 ug/m3
Nitrogen dioxide	1.0 ug/m3
Carbon Monoxide			500 ug/m3		2000 ug/m3

(3)   The owner of a major stationary source or major modification subject to this rule may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any national ambient air quality standard. In the absence of such emission reductions, the department shall deny the proposed construction.

(4)   This rule shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in a nonattainment area.

History: 2008 AACS; 2012 AACS.