SCAQMD RULE 3001 - APPLICABILITY
LAST REVISED 08/11/95



(Adopted October 8, 1993)(Amended August 11, 1995)

RULE 3001. APPLICABILITY

(a) Phase One Title V Permits

No later than three years after the effective date, as defined in paragraph (b)(8) of Rule 3000, owners or operators of the following facilities shall obtain Title V permits and be subject to Regulation XXX - Title V Permits:

  1. (A) Non-RECLAIM facilities that in 1992 or later, reported emissions of 80 tons per year, or more, of VOC, SOx, NOx, carbon monoxide or PM10;
  2. (B) All facilities that in 1992 or later, reported emissions of 8 tons per year, or more, of any hazardous air pollutant listed pursuant to Section 112(b) of the federal Clean Air Act; or,

    (C) All facilities that in 1992 or later, reported emissions of 20 tons per year, or more, of any combination of hazardous air pollutants listed pursuant to Section 112(b) of the federal Clean Air Act;

  3. RECLAIM facilities that have starting plus nontradeable Allocations of 10 tons per year, or more, of NOx, or 100 tons per year, or more, of SOx;
  4. (A) All facilities located in the South Coast Air Basin that in 1992 or later, reported emissions of 8 tons per year, or more, of VOC;
  5. (B) Non-RECLAIM facilities located in the South Coast Air Basin that in 1992 or later, reported emissions of 8 tons per year, or more, of NOx;

    (C) Non-RECLAIM facilities located in the Los Angeles County or Riverside County ozone non-attainment portions of the South East Desert Air Basin that in 1992 or later, reported emissions of 20 tons per year, or more, of VOC or NOx;

    (D) All facilities in the South Coast Air Basin that in 1992 or later reported emissions of 40 tons per year, or more, of carbon monoxide;

    (E) All facilities in the South Coast Air Basin, Coachella Valley or the Los Angeles County portion of the South East Desert Air Basin that in 1992 or later reported emissions of 56 tons per year, or more, of particulate matter (PM10);

(b) Phase Two Title V Permits

No later than five years after the effective date, as defined in paragraph (b)(8) of Rule 3000, owners or operators of all facilities, not subject to the provisions of paragraph (a) of this rule, with the potential to emit any regulated air pollutant at, or greater than, the levels specified in 40 CFR Part 70, shall obtain Title V permits and be subject to Regulation XXX - Title V Permits, unless exempted pursuant to the provisions of a subsequent EPA, or SIP-approved State or District rule or regulation.

(c) Other Title V Permits

Not with standing subdivisions (a) and (b) of this rule, owners or operators of the following facilities shall obtain Title V permits in accordance with the timelines specified in Rule 3003 - Applications, and be subject to Regulation XXX - Title V Permits:

  1. All new facilities that have a potential to emit any regulated air pollutant at, or greater than, the levels specified in section 70.2 of 40 CFR Part 70;
  2. All facilities initially not subject to Title V requirements, that after installation or modification of equipment would have a potential to emit any regulated air pollutant at, or greater than, the levels specified in section 70.2 of 40 CFR Part 70; or ;
  3. RECLAIM facilities initially not subject to Title V requirements, that after purchase of RECLAIM Trading Credits would have an annual Allocation of 10 tons, or more, per year of NOx, or 100 tons, or more, per year of SOx;
  4. All facilities that EPA defines as a major source of hazardous air pollutants by establishing a lesser emission threshold or different criteria, pursuant to Section 112 (a)(1) of the federal Clean Air Act;
  5. All "affected sources" as defined under the acid rain provisions of Title IV of the federal Clean Air Act and 40 CFR Part 70, Section 70.2;
  6. Solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the federal Clean Air Act;
  7. All sources subject to a standard, limitation, or other requirement of the New Source Performance Standards under Section 111 of the federal Clean Air Act and District Regulation IX - Standards of Performance for New Stationary Sources;
  8. All sources, including area sources, subject to a hazardous air pollutant standard or other requirement under Section 112 of the federal Clean Air Act and District Regulation X - National Emission Standards for Hazardous Air Pollutants, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under Section 112(r); and,
  9. All other stationary sources so designated by the EPA by regulation pursuant to 40 CFR Part 70.

(d) Exemptions

  1. Notwithstanding subdivision (c) of this rule, the following sources are exempt from Title V permit requirements:
  2. (A) Sources and source categories that would be required to obtain a Title V permit solely because they are subject to Regulation IX (40 CFR Part 60), subpart AAA (Standards of Performance for New Residential Wood Heaters);

    (B) Sources and source categories that would be required to obtain a Title V permit solely because they are subject to Regulation X (40 CFR Part 61), subpart M (National Emission Standard for Hazardous Air Pollutants for Asbestos) Section 61.145 (Standard for Demolition and Renovation); and,

    (C) Sources specified under paragraphs (c)(7), (c)(8), and (c)(9) of this rule, which are not major sources, until such time as EPA requires these sources by rule to obtain Title V permits.

  3. Facilities subject to the requirements of paragraphs (a)(1), (a)(2), and (a)(3) of this rule, that demonstrate to the satisfaction of the Executive Officer or designee and EPA that the facility's potential to emit has been reduced to less than the levels specified in section 70.2 of 40 CFR Part 70, are exempt from Title V permit requirements.
  4. Emissions from on-road and off-road mobile equipment, as defined in Rule 219 - Equipment Not Requiring A Written Permit Pursuant to Regulation II, will not be aggregated with facility emissions for the purpose of establishing applicability of this regulation.
  5. Off-site emissions from equipment permitted to a rental equipment facility shall not be aggregated with emissions from on-site equipment at a rental equipment facility for the purpose of establishing applicability of this regulation.
  6. Off-site emissions from permitted portable equipment, as defined in Regulation XIII - New Source Review, shall not be considered for the purpose of determining applicability of this regulation provided the equipment is not operated at the facility.