A. Except as otherwise provided in this title, no person shall commence construction of, operate, or make a modification to any source subject to regulation under this title without first obtaining a permit or permit revision from the control officer. Permits issued pursuant to this section shall be issued for a period of five years.
B. There shall be three classes of permits as follows:
1. A Class I permit shall be required for a person to commence construction of or operate any of the following:
a. Any major source.
b. Solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Act (Solid Waste Combustion).
c. An affected source.
d. Any source in a source category designated by the administrator pursuant to 40 CFR 70.3 and adopted by the control officer by rule.
2. A Class II permit shall be required for a person to commence construction of or modify the following:
a. Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act (Standards of Performance for New Stationary Sources).
b. Any source, including an area source, subject to a standard or other requirement under Section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under Section 112(r) of the Act.
3. A Class III permit shall be required for a person to commence construction of or modify the following:
a. Any source that emits, or has the potential to emit, without controls, significant quantities of regulated air pollutants.
b. Stationary rotating machinery of greater than three hundred twenty-five brake horsepower.
c. Fuel-burning equipment which, at a location or property other than a one- or two-family residence, are fired at a sustained rate of more than one million BTUs per hour for more than an eight-hour period.
C. Notwithstanding subsections A and B of this section, the following sources shall not require a permit unless the source is a major source, or unless operation without a permit would result in a violation of the Act:
1. Sources subject to 40 CFR 60, Subpart AAA, 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 61.145.
3. Agricultural equipment used in normal farm operations. "Agricultural equipment used in normal farm operations" does not include equipment that would be classified as a source that would require a permit under Title V of the Act (Permits), or would be subject to a standard under 40 CFR Part 60 or 61.
D. No person may construct or reconstruct any major source of hazardous air pollutants, unless the control officer 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 Section 17.16.530(B). For purposes of this subsection, constructing and reconstructing a major source shall have the meanings described in 40 CFR 63.41.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.140.