---
kind: "section"
citation: "40 C.F.R. § 75.2"
title: "40"
number: "75.2"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/75.2"
---

# §75.2. Applicability.

- (a) Except as provided in paragraphs [(b)](#b) and [(c)](#c) of this section, the provisions of this part apply to each affected unit subject to Acid Rain emission limitations or reduction requirements for SO2 or NOX.
- (b) **The provisions of this part do not apply to—**
  - (1) A new unit for which a written exemption has been issued under [§ 72.7](/cfr/40/72.7.md) of this chapter (any new unit that serves one or more generators with total nameplate capacity of 25 MWe or less and burns only fuels with a sulfur content of 0.05 percent or less by weight may apply to the Administrator for an exemption); or
  - (2) Any unit not subject to the requirements of the Acid Rain Program due to operation of any paragraph of [§ 72.6(b)](/cfr/40/72.6.md?p=b) of this chapter; or
  - (3) An affected unit for which a written exemption has been issued under [§ 72.8](/cfr/40/72.8.md) of this chapter and an exception granted under [§ 75.67](/cfr/40/75.67.md) of this part.
- (c) The provisions of this part apply to sources subject to a State or federal NOX mass emission reduction program, to the extent these provisions are adopted as requirements under such a program.

## Notes

### Amendments

[58 FR 3701, Jan. 11, 1993, as amended at 58 FR 15716, Mar. 23, 1993; 60 FR 26516, May 17, 1995; 63 FR 57499, Oct. 27, 1998; 70 FR 28678, May 18, 2005; 76 FR 17306, Mar. 28, 2011]

### Authority

Authority: 42 U.S.C. 7401-7671q and 7651k note.

### Source

Source: 58 FR 3701, Jan. 11, 1993, unless otherwise noted.

### Amendments

[58 FR 3701, Jan. 11, 1993, as amended at 58 FR 15716, Mar. 23, 1993; 60 FR 26516, May 17, 1995; 63 FR 57499, Oct. 27, 1998; 70 FR 28678, May 18, 2005; 76 FR 17306, Mar. 28, 2011]