8 CAR § 40-201. Applicability

(a) General applicability. No person shall cause or permit the operation, construction, or modification of a stationary source, which actually emits: (1) Seventy-five (75) tons per year or more of carbon monoxide; (2) Forty (40) tons per year or more of nitrogen oxides; (3) Forty (40) tons per year or more of sulfur dioxide; (4) Forty (40) tons per year or more of volatile organic compounds; (5) Twenty-five (25) tons per year or more of particulate matter; (6) Ten (10) tons per year or more of direct PM2.5; (7) Fifteen (15) tons per year or more of PM10; (8) One-half (0.5) ton per year or more of lead; (9) Two (2) tons per year or more of any single hazardous air pollutant; (10) Five (5) tons per year or more of any combination of hazardous air pollutants; or (11) Twenty-five (25) tons per year or more of any other air contaminant without first obtaining a permit from the Division of Environmental Quality. (b) Special applicability. Except as provided for by law or rule, the following stationary sources are required to obtain a permit under this subpart regardless of emissions: (1) Any stationary source that the Director of the Division of Environmental Quality determines should obtain a permit in order to protect the public health and welfare or to assist in the abatement or control of air pollution; (2)(A) Any class of stationary sources for which the director has determined that the intrinsic nature of the source’s operation and/or actual emissions is such that a permit is necessary for the protection of public health and welfare or to assist in the abatement or control of air pollution. (B) Such sources include but are not limited to: (i) Medical waste incinerators; (ii) Rendering plants; (iii) Pathological waste incinerators, including crematories; (iv) Chemical process plants; (v) Hazardous waste treatment storage or disposal facilities; (vi) Sour gas process plants; (vii) Lead acid battery recycling facilities; or (viii) Charcoal plants; and (3) Any stationary source subject to the requirements of a rule promulgated under 40 C.F.R. pt. 60, pt. 61, or pt. 63, as of June 27, 2008, except for: (A) 40 C.F.R. pt. 60, subpt. AAA (wood stoves); (B) 40 C.F.R. pt. 60, subpt. JJJ (petroleum dry cleaners); (C) 40 C.F.R. pt. 63, subpt. M (perchloroethylene dry cleaners); (D) 40 C.F.R. pt. 63, subpt. Q (industrial cooling towers); (E) Sources subject to 40 C.F.R. pt. 60, subpt. Dc (steam generating units) which only burn gas; (F) 40 C.F.R. pt. 63, subpt. ZZZZ (stationary reciprocating internal combustion) for non-Part 70 sources (minor sources); (G) 40 C.F.R. pt. 63, subpt. WWWWW (hospital ethylene oxide sterilizers); (H) 40 C.F.R. pt. 63, subpt. CCCCCC (gasoline dispensing facilities); (I) 40 C.F.R. pt. 60, subpt. IIII (stationary compression ignition internal combustion engines) for engines with a displacement of less than thirty (30) liters per cylinder; (J) 40 C.F.R. pt. 60, subpt. JJJJ (stationary spark ignition internal combustion engines); (K) 40 C.F.R. pt. 63, subpt. HHHHHH (paint stripping and miscellaneous surface coating operations at area sources); (L) 40 C.F.R. pt. 63, subpt. BBBBBB (national emission standards for hazardous air pollutants for source category: gasoline distribution bulk terminals, bulk plants, and pipeline facilities with a throughput less than twenty thousand (20,000) gallons per day of gasoline); and (M) 40 C.F.R. pt. 63, subpt. OOOOOO (national emission standards for hazardous air pollutants for flexible polyurethane foam production and fabrication area sources).