Section 096-138-1 - ApplicabilityA.Affected facilities. This regulation shall apply to any existing stationary source that has the potential to emit quantities of NOx emissions greater than or equal to 100 tons per year. (1) By May 31, 1995, any source located in any area designated by the Federal Government under 40 Code of Federal Regulations, Part 81 as a moderate nonattainment area for ozone shall comply with the standards specified in Section 3. (2) By May 31, 1995, any source located in any area in the state that is not designated by the Federal Government under 40 Code of Federal Regulations, Part 81 as a moderate nonattainment area for ozone shall comply with the standards specified in Sections 3(A), 3(C) -3(O) and Section 4. (3) Unless the results of an EPA-approved modeling demonstration determines that the emission reductions from sources outside the moderate nonattainment area for ozone are excess emission reductions under Section 182(f), any source located in said area shall file an application specified in Section 5 and comply with the standards specified in Section 3 within 12 months of EPA's determination, based on the modeling results.(4) Once an existing source is subject to this Chapter, the source will remain subject to RACT, even if the source's emissions later fall below the applicability level.B.Exempt facilities and equipment(1) NOx-emitting equipment that has the potential to emit less than 10 tons per year of NOx.(2) Emergency standby engines operating less than 500 hours during any consecutive 12 month period that set and maintain the ignition timing of the engine four degrees retarded to standard timing.06- 096 C.M.R. ch. 138, § 1