(1) A process emission source subject to a Federal NSPS under 40 CFR part 60 (see table 1, section 200.9 of this Title) satisfies the requirements of this Part for the respective air contaminant regulated by the Federal standard if the facility owner or operator can demonstrate that the facility is in compliance with the relevant Federal regulation.

(2) A process emission source subject to the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR part 61 or part 63 (see table 1 of section 200.9 of this Title) satisfies the requirements of this Part for the respective air contaminant regulated by the Federal standard if the facility owner or operator can demonstrate that the process emission source is in compliance with the relevant Federal regulation and, for those NESHAPs regulating HTACs found in section 212-2.2, table 2 – high toxicity air contaminant list, of this Part, provide a TIA demonstrating that the maximum offsite ambient air concentration is less than the AGC/SGC or meeting the mass emission limit identified in Section 212-2.2, Table 2 of this Part. Either compliance option must have actual emissions less than the PB trigger for the respective air contaminant. Facility owners or operators required to submit a TIA shall submit a protocol describing the procedures to be used to predict the maximum offsite ambient air concentration. Once the protocol is approved by the department and the TIA is conducted, the facility owner or operator shall submit a final report to the department along with the air dispersion modeling results for approval. The department requires the use of an EPA approved air dispersion model for all screening and/or refined air dispersion modeling assessments; however, screen dispersion models do not require an approved modeling protocol.