§63.845. Incorporation of new source performance standards for potroom groups. — Inbound Citations

(c) An owner or operator of an affected facility (potroom group or anode bake furnace) under § 60.190 of this chapter may elect to comply with either the requirements of § 63.845 of this subpart or the requirements of subpart S of part 60 of this chapter.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(c) Except as provided in § 63.845(g)(1), references to “potroom” or “potroom group” in Method 14 in appendix A to part 60 of this chapter shall be interpreted as “potline” for the purposes of this subpart.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.

(a) The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of “modified potroom group” or “reconstructed potroom group.”

(1) The following shall not, by themselves, be considered to result in a potroom group modification:

(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;

(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;

(iii) An increase in the hours of operation;

(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;

(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and

(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.

(i) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator;

(B) The location of the existing potroom group;

(C) A brief description of the existing potroom group and the components that are to be replaced;

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment;

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;

(F) The estimated life of the existing potroom group after the replacements; and

(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.

(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.

(iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;

(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;

(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and

(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements.