Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-30-3 - Applicability3.1. Permit requirement. 3.1.a. On and after the effective date of the operating permit program, no person shall violate any requirement of a permit issued under this rule nor shall any person operate any of the following sources, except in compliance with a permit issued under section 6: 3.1.a.1. Any major source;3.1.a.2. Any source, including an area source, subject to a standard or other requirements promulgated under §111 of the Clean Air Act;3.1.a.3. Any source, including an area source, subject to a standard or other requirements under §112 of the Clean Air Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under §112(r) of the Clean Air Act;3.1.a.4. Any affected source; and3.1.b. If, on the effective date of the operating permit program, a source is not subject to enforceable emissions limitations or such other enforceable measures that require the continued operation and maintenance of air pollution control equipment and/or other operational limitations that make the source non-major, the source shall be treated as a major source subject to the requirements of this rule.3.2. Exemptions and deferrals. 3.2.a. Except as provided in section 4, all sources listed in subsection 3.1 that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to §129(e) of the Clean Air Act may be deferred by the Secretary on a specific source category basis from the obligation to obtain a Title V operating permit under this rule. Any such deferral by the Secretary shall be consistent with the timetable established by U.S. EPA for non-major sources to which this rule applies except as provided under subdivision 4.1.a.3.2.c. Unless otherwise required by this rule to have a Title V operating permit, the following source categories are exempted from the obligation to obtain a Title V operating permit: 3.2.c.1. All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60 , Subpart AAA (1988) - Standards of Performance for New Residential Wood Heaters; and3.2.c.2. All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61 , Subpart M (1984) - National Emission Standard for Hazardous Air Pollutants for Asbestos, 40 CFR § 61.145, Standard for Demolition and Renovation.3.2.d. As provided in this subdivision, the following units or activities within a stationary source subject to this rule may be deemed to be insignificant: 3.2.d.1. Flares used solely to indicate danger to the public.3.2.d.2. Combustion units designed and used exclusively for comfort heating that use liquid petroleum gas or natural gas as fuel.3.2.d.3. Comfort air conditioning or ventilation systems not used to remove air contaminants generated by or released from specific units of equipment.3.2.d.4. Indoor or outdoor kerosene heaters.3.2.d.5. Space heaters operating by direct heat transfer.3.2.d.6. Repairs or maintenance where no structural repairs are made and where no new air pollutant emitting facilities are installed or modified.3.2.d.7. Air contaminant detectors or recorders, combustion controllers or shutoffs.3.2.d.8. Brazing, soldering or welding equipment used as an auxiliary to the principal equipment at the source.3.2.d.9. Any consumer product used in the same manner as in normal consumer use, provided the use results in a duration and frequency of exposure which are not greater than those experienced by consumers, and which may include, but not be limited to, personal use items, janitorial cleaning supplies, office supplies and supplies to maintain copying equipment.3.2.d.10. Equipment on the premises of industrial and manufacturing operations used solely for the purpose of preparing food for human consumption.3.2.d.11. Portable generators.3.2.d.12. Firefighting equipment and the equipment used to train firefighters.3.2.d.13. Such other sources or activities as the Secretary may determine with EPA approval.3.2.e. Potential emissions from the units or activities listed under subdivision 3.2.d. shall not be excluded in the determination as to whether a stationary source is a major source for the purpose of determining applicability of this rule; nor shall units subject to applicable requirements be deemed to be insignificant emission units. Units or activities deemed insignificant shall be identified in the permit application, and the owner or operator shall upon request provide sufficient information for the Secretary to verify that such units or activities are insignificant, provided that for all units or activities deemed insignificant because of their size, production rate or amount of pollutant emitted, or for which applicable requirements may apply, the owner or operator shall provide information sufficient for the Secretary to verify that the unit or activity is insignificant at the time the permit application is submitted.3.3. Emission units and sources. 3.3.a. For major sources, the Secretary shall include in the permit all applicable requirements for all emission units in the major source.3.3.b. For any non-major source, the Secretary shall include in the permit all applicable requirements for emission units that cause the source to be subject to this rule.3.4. Fugitive emissions. -- Fugitive emissions from a source subject to this rule shall be included in the permit application and all operating permits issued under this rule in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.