Section R18-2-1702. Applicability

A.      The provisions of this Article apply to:

1.        Minor sources of state hazardous air pollutants that are in one of the source categories listed in Table 2; and

2.        Major sources of state hazardous air pollutants.

B.       The provisions of this Article shall not apply to:

1.        Affected sources for which a standard under 40 CFR 61 or 40 CFR 63 imposes an emissions limitation.

2.        Affected sources at a minor source of state HAPs if the minor source:

a.         Is in a source category for which a standard under 40 CFR 63 has been adopted; and

b.        Agrees  to  comply  with  the  emissions  limitation under R18-2-306.01.

C.      If the Clean Air Act has established provisions including spe- cific schedules for the regulation of source categories under Section 112(e)(5) and 112(n), those provisions and schedules shall apply to the regulation of those source categories.

D.      For any category or subcategory of facilities licensed by the Nuclear Regulatory Commission, the Director shall not adopt or enforce any standard or limitation respecting emissions of

Department of Environmental Quality – Air Pollution Control

radionuclides which is more stringent than the standard or lim- itation adopted by the Administrator under Section 112 of the Act.

E.       The provisions of this Article shall not apply to sources for which the Administrator has made one of the following find- ings under Section 112(n) of the Clean Air Act, 42 U.S.C. 7412(n):