Current through Register Vol. 48, No. 9, September 27, 2024
(a) Part 70
sources. The following sources are subject to the permitting requirements of
this Part:
(1) Any major source;
(2) Any source, including an area source,
subject to a standard, limitation, or other requirement under Section 111 of
the Act;
(3) Any source, including
an area source, subject to a standard or other requirement under Section 112 of
the Act, except that a source is not required to obtain a permit solely because
it is subject to regulations or requirements under Section 112(r)(r) of this
Act;
(4) Any affected source under
the Title IV Acid Rain Program; and
(5) Any source in a source category
designated by the Administrator pursuant to this Section .
(6) Deleted
(b) Source category exemptions.
(1) All sources listed in Section
70.3(b)(4)(a) that are not major sources, affected sources, or solid waste
incineration units required to obtain a permit pursuant to Section 129(e)(e) of
the Act, shall be exempted by the State from the obligation to obtain a Part 70
permit for 4 years after the effective date of the program or until such time
as the Administrator completes a rulemaking to determine how the program should
be structured for non-major sources and the appropriateness of any permanent
exemptions in addition to those provided for in Section
70.3(a)(b)(4).
(2) In the case of
non-major sources subject to a standard or other requirement under either
Section 111 or Section 112 of the Act after July 21, 1992, publication, the
Administrator will determine whether to exempt any or all such applicable
sources from the requirement to obtain a Part 70 permit at the time that the
new standard is promulgated.
(3)
[Reserved]
(4) The following source
categories are exempted from the obligation to obtain a Part 70 permit, but are
not exempted from other Department and EPA requirements:
(i) All sources and source categories that
would be required to obtain a permit solely because they are subject to Part
60, Subpart AAA - Standards of Performance for New Residential Wood Heaters;
and
(ii) All sources and source
categories that would be required to obtain a permit solely because they are
subject to Part 61, Subpart M - National Emission Standard for Hazardous Air
Pollutants for Asbestos, Section 61.145, Standard for Demolition and
Renovation.
(c) Emissions units and Part 70 sources.
(1) For major sources, the permitting
authority shall include in the permit all applicable requirements for all
relevant emissions units in the major source.
(2) For any non-major source subject to the
Part 70 program under Section s70.3(a) or (b)(a) or (b), the Department shall
include in the permit all applicable requirements that apply to emissions units
that cause the source to be subject to the Part 70 program.
(d) Fugitive emissions. Fugitive
emissions from a Part 70 source shall be included in the permit application and
the Part 70 permit 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.
(e)
Applicability Determinations. Any person that operates or proposes to operate a
particular source or installation may submit a request in writing that the
Department make a determination as to whether a particular source or
installation is subject to the permit requirements of this regulation. The
request must contain such information as is believed sufficient for the
Department to make the requested determination. The Department may request any
additional information that it needs for purposes of making the
determination.
