The potential to emit includes fugitive emissions only if the source belongs to one of the source categories listed in 40 C.F.R. part 51, Appendix S, paragraph II.A.4(iii) or 40 C.F.R. § 52.21(b)(1)(iii), as applicable. Minor Source Program Regulations Section 102(B)(28).
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants
(u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more that 250 million British thermal units per hour heat input, and
(aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.
1. Allowable Emissions (See also, Potential to Emit): Emissions rate of a source calculated using the maximum rated capacity of the source (unless the source is subject to practically and legally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a) Any applicable standards as set forth in 40 CFR parts 60 and 61;
b) Any applicable Tribal or Federal Implementation Plan emissions limitation, including those with a future compliance date; or
c) Any emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.
2. Potential to Emit: The maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable as a practical matter. See Allowable Emissions.
Actual Emissions: Estimates of actual emissions must take into account equipment, operating conditions, and air pollution control measures. For a source that operated during the entire calendar year preceding the initial registration submittal, the reported actual emissions typically should be the annual emissions for the preceding calendar year, calculated using the actual operating hours, production rates, in-place control equipment, and types of materials processed, stored, or combusted during the preceding calendar year. However, if you believe that the actual emissions in the preceding calendar year are not representative of the emissions that your source will actually emit in coming years, you may submit an estimate of projected actual emissions along with the actual emissions from
the preceding calendar year and the rationale for the projected actual emissions. For a source that has not operated for an entire year, the actual emissions are the estimated annual emissions for the current calendar year.
3. The emission estimates can be based upon actual test data or, in the absence of such data, upon procedures acceptable to the Reviewing Authority. The following procedures are generally acceptable for estimating emissions from air pollution sources:
(i) Source-specific emission tests;
(ii) Mass balance calculations;
(iii) Published, verifiable emission factors that are applicable to the source. (i.e., manufacturer specifications).
(iv) Other engineering calculations; or
(v) Other procedures to estimate emissions specifically approved by the Reviewing Authority.
4. Guidance for estimating emissions can be found by searching for EPA's Tribal Minor New Source Review website at https://www.epa.gov/tribal-air/tribal-minor-nsr-registration-source-emissions-calculators.