Applicable requirement

Applicable requirement means all of the following as they apply to emissions units in a part 71 source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future compliance dates):
(1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in part 52 of this chapter;
(2) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under title I, including parts C or D, of the Act;
(3) Any standard or other requirement under section 111 of the Act, including section 111(d);
(4) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act;
(5) Any standard or other requirement of the acid rain program under title IV of the Act or 40 CFR parts 72 through 78;
(6) Any requirements established pursuant to section 114(a)(3) or 504(b) of the Act;
(7) Any standard or other requirement under section 126(a)(1) and (c) of the Act;
(8) Any standard or other requirement governing solid waste incineration, under section 129 of the Act;
(9) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act;
(10) Any standard or other requirement for tank vessels, under section 183(f) of the Act;
(11) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Act;
(12) Any standard or other requirement of the regulations promulgated at 40 CFR part 82 to protect stratospheric ozone under title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a title V permit; and
(13) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act.

Source

40 CFR § 71.2


Scoping language

The following definitions apply to part 71. Except as specifically provided in this section, terms used in this part retain the meaning accorded them under the applicable requirements of the Act.

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