R307-401-11. Replacement-in-Kind Equipment

  (1) Applicability. Existing process equipment or pollution control equipment that is covered by an existing approval order or State Implementation Plan requirement may be replaced using the procedures in (2) below if:

  (a) the potential to emit of the process equipment is the same or lower;

  (b) the number of emission points or emitting units is the same or lower;

  (c) no additional types of air pollutants are emitted as a result of the replacement;

  (d) the process equipment or pollution control equipment is identical to or functionally equivalent to the replaced equipment;

  (e) the replacement does not change the basic design parameters of the process unit or pollution control equipment;

  (f) the replaced process equipment or pollution control equipment is permanently removed from the stationary source, otherwise permanently disabled, or permanently barred from operation;

  (g) the replacement process equipment or pollution control equipment does not trigger New Source Performance Standards or National Emissions Standards for Hazardous Air Pollutants under 42 U.S.C. 7411 or 7412; and

  (h) the replacement of the control apparatus or process equipment does not violate any other provision of Title R307.

  (2) Replacement-in-Kind Procedures.

  (a) In lieu of filing a notice of intent under R307-401-5, the owner or operator of a stationary source shall submit a written notification to the director before replacing the equipment. The notification shall contain a description of the replacement-in-kind equipment, including the control capability of any control apparatus and a demonstration that the conditions of (1) above are met.

  (b) If the replacement-in-kind meets the conditions of (1) above, the director will update the source's approval order and notify the owner or operator. Public review under R307-401-7 is not required for the update to the approval order.

  (3) If the replaced process equipment or pollution control equipment is brought back into operation, it shall constitute a new emissions unit.