[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR64.2]

[Page 7-8]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 64 - COMPLIANCE ASSURANCE MONITORING--Table of Contents
 
Sec. 64.2  Applicability.

    (a) General applicability. Except for backup utility units that are 
exempt under paragraph (b)(2) of this section, the requirements of this 
part shall apply to a pollutant-specific emissions unit at a major 
source that is required to obtain a part 70 or 71 permit if the unit 
satisfies all of the following criteria:
    (1) The unit is subject to an emission limitation or standard for 
the applicable regulated air pollutant (or a surrogate thereof), other 
than an emission limitation or standard that is exempt under paragraph 
(b)(1) of this section;
    (2) The unit uses a control device to achieve compliance with any 
such emission limitation or standard; and
    (3) The unit has potential pre-control device emissions of the 
applicable regulated air pollutant that are equal to or greater than 100 
percent of the amount, in tons per year, required for a source to be 
classified as a major source. For purposes of this paragraph, 
``potential pre-control device emissions'' 
shall have the same meaning as ``potential to 
emit,'' as defined in Sec. 64.1, except that 
emission reductions achieved by the applicable control device shall not 
be taken into account.
    (b) Exemptions - (1) Exempt emission limitations or 
standards. The requirements of this part shall not apply to any of the 
following emission limitations or standards:
    (i) Emission limitations or standards proposed by the Administrator 
after November 15, 1990 pursuant to section 111 or 112 of the Act.
    (ii) Stratospheric ozone protection requirements under title VI of 
the Act.
    (iii) Acid Rain Program requirements pursuant to sections 404, 405, 
406, 407(a), 407(b), or 410 of the Act.
    (iv) Emission limitations or standards or other applicable 
requirements that apply solely under an emissions trading program 
approved or promulgated by the Administrator under the Act that allows 
for trading emissions within a source or between sources.
    (v) An emissions cap that meets the requirements specified in 
Sec. 70.4(b)(12) or Sec. 71.6(a)(13)(iii) of this 
chapter.
    (vi) Emission limitations or standards for which a part 70 or 71 
permit specifies a continuous compliance determination method, as 
defined in Sec. 64.1. The exemption provided in this paragraph 
(b)(1)(vi) shall not apply if the applicable compliance method includes 
an assumed control device emission reduction factor that could be 
affected by the actual operation and maintenance of the control device

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(such as a surface coating line controlled by an incinerator for which 
continuous compliance is determined by calculating emissions on the 
basis of coating records and an assumed control device efficiency factor 
based on an initial performance test; in this example, this part would 
apply to the control device and capture system, but not to the remaining 
elements of the coating line, such as raw material usage).
    (2) Exemption for backup utility power emissions units. The 
requirements of this part shall not apply to a utility unit, as defined 
in Sec. 72.2 of this chapter, that is municipally-owned if the 
owner or operator provides documentation in a part 70 or 71 permit 
application that:
    (i) The utility unit is exempt from all monitoring requirements in 
part 75 (including the appendices thereto) of this chapter;
    (ii) The utility unit is operated for the sole purpose of providing 
electricity during periods of peak electrical demand or emergency 
situations and will be operated consistent with that purpose throughout 
the part 70 or 71 permit term. The owner or operator shall provide 
historical operating data and relevant contractual obligations to 
document that this criterion is satisfied; and
    (iii) The actual emissions from the utility unit, based on the 
average annual emissions over the last three calendar years of operation 
(or such shorter time period that is available for units with fewer than 
three years of operation) are less than 50 percent of the amount in tons 
per year required for a source to be classified as a major source and 
are expected to remain so.