CSR 45-14-16. Specific Exemptions

45-14-16. Specific Exemptions. 16.1. A non-profit health or non-profit educational institution proposing to construct or relocate a major stationary source or to make a major modification may petition the Secretary for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. 16.2. The source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source does not belong to any of the source categories listed in Table 1 may petition the Secretary for exemption from the requirements of subsections 8.2, 8.3, 8.4 and sections 9, 11 and 12. 16.3. Any person proposing to relocate a source or modification that is a portable stationary source which has previously received a permit under this rule may petition the Secretary for an exemption from the requirements of subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12. The Secretary shall grant this exemption if the following conditions are met: 16.3.a. The source proposes to relocate and emissions of the source at the new location would not exceed two (2) years; 16.3.b. The emissions from the source would not exceed its allowable emissions; 16.3.c. The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; 16.3.d. The source identifies the proposed new location and the probable duration of operation at the new location; and 16.3.e. Such petition shall be submitted to the Secretary not less than ten (10) days in advance of the proposed relocation unless a different time duration is previously approved by the Secretary. 16.4. Requirements equivalent to those contained in subsections 8.2, 8.3 and 8.4 and sections 9, 11 and 12 do 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 an area designated as nonattainment under 107 of the CAA. 16.5. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements of sections 9 through 12 with respect to a particular pollutant and the Secretary shall grant such exemption, if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would not exceed two (2) years, would not impact any Class I area and would not impact any area where an applicable increment is known to be violated. 16.6. Any person proposing to modify a major stationary source located in a Class II area that was in existence prior to March 1, 1978 may petition the Secretary for an exemption from the requirements of sections 9, 11 and 12 as they relate to any maximum allowable increase for a Class II area. The Secretary shall grant such exemption if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than fifty (50) tons per year. 16.7. Any person proposing to construct or relocate a major stationary source or make a major modification may petition the Secretary for an exemption from the requirements of section 11 with respect to a particular pollutant if: 16.7.a. The applicant demonstrates that the emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, an air quality impact less than the amounts listed in Table 2; or 16.7.b. The applicant demonstrates that the concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in Table 2; or 16.7.c. The applicants request is for any pollutant which is not listed in Table 2. 16.8. The permitting requirements contained in subdivision 9.1.b do not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increase took effect as part of the plan and the Secretary subsequently determines that the application as submitted before that date was complete. 16.9. The permitting requirements contained in subdivision 9.1.b shall not apply to a stationary source or modification with respect to any maximum allowable increase for PM10 if: 16.9.a. The owner or operator of the source or modification submitted an application for a permit to the Secretary before the provisions embodying the maximum allowable increases for PM10 took effect as part of the plan, and 16.9.b. The Secretary subsequently determines that the application as submitted before that date was complete. Instead, the applicable requirements of subdivision 9.1.b shall apply with respect to the maximum allowable increases for TSP as in effect on the date the application was submitted.