R18-2-302. Applicability; Registration; Classes of Permits

A. Except as otherwise provided in this Article, no person shall begin actual construction of, operate, or make a modification to any stationary source subject to regulation under this Article, without obtaining a registration, permit or permit revision from the Director. B. Class I and II permits and registrations shall be required as follows: 1. A Class I permit shall be required for a person to begin actual construction of or operate any of the following: a. Any major source, b. Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the Act, c. Any affected source, or d. Any stationary source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Director by rule. 2. Unless a Class I permit is required, a Class II permit shall be required for: a. A person to begin actual construction of or operate any stationary source that emits, or has the maximum capacity to emit with any elective limits, any regulated NSR pollutant in an amount greater than or equal to the significant level. b. A person to make a physical or operational change to a stationary source that would cause the source to emit, or have the maximum capacity to emit with any elective limits, any regulated NSR pollutant in an amount greater than or equal to the significant level. c. A person to begin actual construction of or modify a stationary source that otherwise would be subject to registration but that the Director has determined requires a permit under R18-2-302.01(C)(4) or (D). 3. Unless a Class I or II permit is required, registration shall be required for: a. A person to begin actual construction of or operate any stationary source that emits or has the maximum capacity to emit any regulated minor NSR pollutant in an amount greater than or equal to a permitting exemption threshold. b. A person to begin actual construction of or operate any stationary source subject to a standard under section 111 of the Act, except that a stationary source is not required to register solely because it is subject to any of the following standards: i. 40 CFR 60, Subpart AAA (Residential Wood Heaters). ii. 40 CFR 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines). iii. 40 CFR 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines). iv. 40 CFR 60, Subpart QQQQ (Residential Hydronic Heaters and Forced-Air Furnaces). c. A person to begin actual construction of or operate any stationary source, including an area source, subject to a standard under section 112 of the Act, except that a stationary source is not required to register solely because it is subject to any of the following standards: i. 40 CFR 61.145. ii. 40 CFR 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines). iii. 40 CFR 63, Subpart WWWWW (Ethylene Oxide Sterilizers). iv. 40 CFR 63, Subpart CCCCCC (Gasoline Distribution). v. 40 CFR 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations). vi. 40 CFR 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers Area Sources), published at 76 FR 15554 (March 21, 2011). vii. A regulation or requirement under section 112(r) of the Act. d. A physical or operational change to a source that would cause the source to emit or have the maximum capacity to emit any regulated minor NSR pollutant in an amount greater than or equal to the permitting exemption threshold. C. Notwithstanding subsections (A) and (B), the following stationary sources do not require a permit or registration unless the source is a major source, or unless operation without a permit would result in a violation of the Act: 1. A stationary source that consists solely of a single categorically exempt activity plus any combination of trivial activities. 2. Agricultural equipment used in normal farm operations. “Agricultural equipment used in normal farm operations” does not include equipment classified as a source that requires a permit under Title V of the Act, or that is subject to a standard under 40 CFR 60, 61 or 63. D. No person may construct or reconstruct any major source of hazardous air pollutants, unless the Director determines that maximum achievable control technology emission limitation (MACT) for new sources under Section 112 of the Act will be met. If MACT has not been established by the Administrator, such determination shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in R18-2-1101(B). For purposes of this subsection, constructing and reconstructing a major source shall have the meaning prescribed in 40 CFR 63.41. E. Elective limits or controls adopted pursuant to R18-2- 302.01(F) shall not be considered in determining whether a source is a major source requiring a Class I permit under subsection (B)(1)(a). Elective limits or controls adopted pursuant to R18-2-302.01(F) shall be considered in determining any of the following: 1. Whether the registration is subject to the public participation requirements of R18-2-330, as provided in R18-2- 302.01(B)(3). 2. Whether review for possible interference with attainment or maintenance of ambient standards is required under R18-2-302.01(C). 3. Whether the source requires a Class II permit, as provided in subsections (B)(2)(a) or (b). F. The fugitive emissions of a stationary source shall not be considered in determining whether the source requires a Class II permit under subsections (B)(2)(a) or (b) or a registration under subsections (B)(3)(a) or (d), unless the source belongs to a section 302(j) category. If a permit is required for a stationary source, the fugitive emissions of the source shall be subject to all of the requirements of this Article. G. Notwithstanding subsections (A) and (B), a person may begin actual construction, but not operation, of a source requiring a Class I permit or Class I permit revision upon the Director’s issuance of the proposed final permit or proposed final permit revision.