Section 127.504. Source category exemptions  


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  • (a) A source located at a facility that is not a Title V facility, that is not an affected source or that is not a solid waste incineration unit required to obtain a permit under section 129(e) of the Clean Air Act (42 U.S.C.A. § 7429(e)) is exempted from the obligation to obtain a Title V permit until the Administrator of the EPA completes a rulemaking to determine how the program should be structured for the sources and the appropriateness of permanent exemptions.

    (b) In the case of nonmajor sources subject to a standard or other requirement under section 111 or 112 of the Clean Air Act (42 U.S.C.A. § § 7411 and 7412), the Administrator of the EPA will determine whether to exempt the applicable sources from the requirement to obtain a Title V permit at the time that the new standard is promulgated.

    (c) A source exempt from the requirement to obtain a permit under this section may opt to apply for a permit under the Title V program.

    (d) The following source categories are exempted from the obligation to obtain a Title V permit:

    (1) Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA (relating to standards of performance for new residential wood heaters).

    (2) Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M (relating to National emission standard for asbestos) including 61.145 (relating to demolition and renovation).