(a) No person shall cause or permit the operation, construction, or modification of a stationary source, whose actual emissions are:
- (1) Forty (40) tons per year or more but less than seventy-five (75) tons per year of carbon monoxide;
- (2) Twenty-five (25) tons per year or more but less than forty (40) tons per year of nitrogen oxides;
- (3) Twenty-five (25) tons per year or more but less than forty (40) tons per year of sulfur dioxide;
- (4) Twenty-five (25) tons per year or more but less than forty (40) tons per year of volatile organic compounds;
- (5) Fifteen (15) tons per year or more but less than twenty-five (25) tons per year of particulate matter;
- (6) Ten (10) tons per year or more but less than fifteen (15) tons per year of PM10;
- (7) One (1) ton per year or more but less than two (2) tons per year of any single hazardous air pollutant; or
(8)
- (A) Three (3) tons per year or more but less than five (5) tons per year of a combination of hazardous air pollutants without first having registered the source with the Division of Environmental Quality.
- (B) For the purpose of this subsection, “modification” shall mean any physical change in or change in the method of operation of a stationary source which increases the emission rates of any air pollutant, specified above, previously registered with the Division of Environmental Quality or results in the emission of an air pollutant not previously emitted and registered with the division.
(b) Such registration shall be made on such forms and contain such information as the division may reasonably require, including but not limited to:
- (1) The name and address of the facility;
- (2) An estimate of emissions from the facility; and
- (3) An explanation of how the emissions estimate was determined.
- (c) Such registration does not affect the responsibility of the owner/operator to comply with applicable portions of this part.
- (d) A facility may construct, operate, or modify a source subject to registration under this section immediately upon submittal of the registration.
(e)
- (1) Sources registered under this section shall pay an annual fee of two hundred dollars ($200).
- (2) The requirements of Subpart 2, Permit Fee Payment, of 8 CAR pt. 12, Permit Fee Rules, shall apply to fees collected under this section.
(f)
- (1) Sources currently holding permits but whose emissions are below the permitting thresholds in 8 CAR § 40-201, and above the registration thresholds under subsection (a) of this section, may elect to continue to operate under their existing permit or they may submit a registration and request their permit be voided.
- (2) The permit shall remain in effect until voided.
- (3) If a source takes no action, the permit will remain in effect.
- (g) A source otherwise required to be registered under this section may instead choose to operate under a permit issued in accordance with 8 CAR § 40-202.