NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT



Chapter III. APPLICABILITY OF REGULATION 5

Rule 300 APPLICABILITY


(a) Sources Subject to Regulation 5
The sources listed below are subject to the requirements of Regulation 5 and are required to obtain and maintain permits to operate:

  1. A major source;

  2. A source with an acid rain unit for which application for an Acid Rain Permit is required pursuant to Title IV of the Clean Air Act;

  3. A solid waste incinerator subject to a performance standard promulgated pursuant to section 111 or 129 of the Clean Air Act;

  4. Any other source in a source category designated by rule of the U.S. EPA, pursuant to 40 CFR Part 70.3; and

  5. Any source that is subject to a standard or other requirement promulgated pursuant to section 111 or 112 of the Clean Air Act, published after July 21, 1992, designated by the U.S. EPA pursuant to 40 CFR Part 70.3 at the time the new standard is promulgated.

[Reference: 40 CFR 70.3(a)]

(b) Sources Exempt from Regulation 5
The sources listed below are not subject to the requirements of Regulation 5:

  1. Sources regulated solely by 40 CFR Part 60, Subpart AAA (Standards of Performance for New Residential Wood Heaters);

  2. Sources regulated solely by 40 CFR Part 61, Subpart M, section 145 (National Emission Standards for Asbestos, Standard for Demolition and Renovation); and

  3. Any other source in a source category deferred by U.S. EPA pursuant to 40 CFR Part 70.3.

[Reference: 40 CFR 70.3(b)]



(c) Acid Rain Units Subject to Title IV Requirements

The North Coast Unified Air Quality Management District (NCUAQMD) hereby adopts and incorporates by reference the provisions of 40 CFR Part 72 for purposes of implementing an acid rain program that meets the requirements of Title IV of the Clean Air Act as of the date that the Environmental Protection Agency (EPA) approves the District's Title V program (which is set forth in Regulation 5, Rule 690). The effective date of this rule shall be the date on which the District receives delegation from the EPA for the implementation of the Title V program.

For the purposes of this rule the term "permitting authority", as that term is used in Part 72, shall mean the North Coast Unified Air Quality Management District, and the term "Administrator" shall mean the Administrator of the United States Environmental Protection Agency.

For those facilities which are subject to this rule, if the provisions or requirements of 40 CFR Part 72 are determined to conflict with Regulation 5, Rule 690, the provisions and requirements of Part 72 shall apply and take precedence.

In the event that EPA makes any subsequent amendments to Part 72, all such amendments shall be deemed to be included as part of this Rule without further action by the District.

[Reference: 40 CFR 72]