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**[MEMORANDUM]{.underline}**

**Date:** October 27, 2005

**To:** Raj Rao, OAQPS/AQPD/NSRG (MD-C504-03)

**From:** Joanne O'Loughlin, Stephen Edgerton, EC/R Incorporated

**Subject:** Update of State Minor New Source Review (NSR) Programs

1.  **Purpose**

The U.S. Environmental Protection Agency (EPA) is developing Federal
minor NSR and nonattainment major NSR rules to fill regulatory gaps in
Indian country. EC/R is supporting the EPA in their regulatory
development effort. As part of that effort, EC/R has done an assessment
of selected State Minor NSR Program applicability thresholds (*de
minimis* levels). The purpose of this memorandum is to present a summary
of this assessment.

**2.0 Methodology**

This assessment includes the review of 23 State air permitting programs.
The 23 State air permitting programs selected are based on a report
prepared in 1997 for the EPA on 20 minor source preconstruction air
permitting programs (MRI, 1997). Three additional State air permitting
programs are included in the assessment because their websites contained
readily-available information on the State's minor source permitting
program. Our approach was limited to internet searches (e.g., checking
for information on the State's regulatory website(s)) and quick reviews
of on-line regulations (where information was not readily-available on a
State's website). Where we identified minor source applicability
thresholds or exemptions, we noted them. Section 3 summarizes the
overall results of our assessment and includes a table indicating the
States assessed and whether the State's program includes minor source
applicability emission thresholds or source/unit exemptions (e.g., gas
stations). Section 4 presents a summary of selected State program
applicability emission thresholds and whether they are supplemented by
source exemptions.

**3.0 State Minor Source Emission Threshold/Exemption Summary Table**

The following table presents the 23 State air permitting programs that
we assessed and whether they contain minor source thresholds/exemptions.

  --------------------- ------------------------ ------------------------
  **State**             **Minor Source           **Unit/Source
                        Thresholds^a^**          Exemptions^b^**

  Alaska                X                        X

  Arizona (Maricopa     X                        X
  County)                                        

  California (Feather   X                        X
  River Air Quality                              
  Management District)                           

  Colorado              X                        X

  Florida               X                        X

  Idaho                 X                        X

  Iowa                  X                        X

  Kansas                X                        

  Minnesota             X                        

  Montana               X                        X

  Nebraska              X                        X

  Nevada                                         X

  New Mexico            X                        X -- emissions exemption

  North Dakota                                   X

  Oklahoma              X                        X

  Oregon                                         X

  South Dakota          X                        X

  Texas                                          X

  Utah                  X                        X

  Virginia              X                        X

  Washington            X                        X

  Wisconsin             X                        X

  Wyoming                                        X
  --------------------- ------------------------ ------------------------

^a^ Minor source thresholds - thresholds, below which a minor source
would be exempt.

^b^Unit/source exemptions -- specified unit/source categories that are
exempt from having to obtain a permit.

Many of the programs assessed include construction of major and minor
sources under the same permitting rules. Some States subject minor
sources to the same permitting requirements as they do major sources.
Some States have permits to construct that, when construction is
completed, become the permit to operate. Some States define a minor
source as a non-Title V source that emits any amount of air pollutant,
unless declared *de minimis* or exempted by rule.

Many State air permitting programs have developed minor source
permitting programs that attempt to reduce the burden of permitting for
minor sources while ensuring that air quality is not adversely impacted
(e.g., through the use of pre-approved General Permits, tiered
permitting requirements based on the quantity of emissions from a
source, exempting small sources from permitting, requiring only
registration of minor sources or a subset of minor sources).

The focus of our assessment was to identify existing *de minimis*
emission thresholds and whether there are exemptions for specific source
categories of minor sources under the assessed State air quality
permitting programs. Many of the State programs include a long list of
exempt source categories/emission units, in lieu of (e.g., Wisconsin has
a list of over 100 exempt source categories), or in addition to, *de
minimis* exemption emission thresholds (e.g., Colorado includes both
emission thresholds and source category exemptions).

**4.0** **Minor NSR State Program Applicability**

The following paragraphs present a brief summary of the applicability of
minor NSR for 23 State air permitting programs.

**[Alaska]{.underline}**

Since the 1997 MRI Report, the Alaska Department of Environmental
Conservation completed an overhaul of their permitting rules in late
2004. New rules were issued for minor construction permitting. The minor
permit program is for new or relocated minor sources and changes at both
major and minor stationary sources. It would also apply to continued
operation of stationary sources not subject to Title V. Once issued, the
general permits and permits by rule would allow an owner or operator to
construct and operate a stationary source with little or no delay after
submitting an application.

Any stationary source meeting emission rate criteria would need a minor
permit for construction or modification if it does not need a major
construction permit.

Additionally, the new list includes new stationary sources with
allowable emissions greater than:

-   15 tons per year (tpy) particulate matter less than 10
    micrometers (mm) in diameter (PM~10~);

-   40 tpy nitrogen oxide (NO~x~);

-   40 tpy sulfur dioxide (SO~2~);

-   0.6 tpy lead (Pb); and

-   100 tpy carbon monoxide (CO) within 10 kilometers (km) of a
    nonattainment area.

For stationary sources that are required to have a minor permit, a
modification that will cause an increase in allowable emissions greater
than:

-   10 tpy PM~10~;

-   10 tpy NO~x~;

-   10 tpy SO~2~; and

-   100 tpy CO within 10 km of a nonattainment area.

The permit content regulations for minor permits for air quality
protection are designed to allow the department the flexibility to
include conditions in their permit application only when they are
necessary. The conditions could include testing, monitoring, record
keeping, or reporting. To satisfy the requirement for a minor permit
classified under 18 AAAC 50.502, the owner or operator would have a
choice of source specific permits, general permits, or permits by rule.
Although technology review is routinely conducted as part of the permit
application process, the State regulations do not specify a specific
technology review process.

The department has established a general minor permit for portable oil
and gas drilling. The department may establish additional general minor
permits that meet the conditions and requirements for minor source
permits, provided there is notice and an opportunity for public comment
and hearing.

Source: <http://www.state.ak.us/local/akpages/ENV.CONSERV>

**[Arizona]{.underline}**

**Maricopa County:**

Maricopa County (Phoenix Area) has supplementary regulations to Arizona
State regulations. The program for minor sources is under their
non-Title V source permitting requirements. A "non-Title V source" is
"any source other than a major source, including an area source, subject
to a standard, limitation, or other requirement under Section 111 or 112
of the Act." General emission thresholds for non-Title V permits are
total uncontrolled emissions of 3 pounds per day (lbs/day) volatile
organic compounds (VOC) and 5.5 lbs/day of any other regulated air
pollutant. Other thresholds include: (1) new or modified sources
expected to emit 10 tpy or more of a hazardous air pollutant (HAP) or 25
tpy or more of any combination of HAP designated by the Director and not
listed in Section 112(b) of the Clean Air Act (CAA); and (2) non-major
sources, including area sources with the potential to emit (PTE) with
controls at leas 1 ton, but not less than 10 tpy of a HAP or at least
2.5 tons, but less than 25 tpy of any combination of HAP. In addition,
Maricopa County has established non Title V process thresholds for
specific equipment (MRI, 1997). There have been no changes to these
thresholds since the 1997 MRI report. Major and minor sources are
subject to the same permit requirements. A source may request approval
for the classification of an activity as insignificant by including such
a request in its permit application. A list of insignificant activities
(activities and units exempt from permitting) (e.g., food processing
equipment, surface coating an printing equipment, laboratories and pilot
plants) is available in MCAQD Rule 200(1a) and Appendix D (1b).

General permits have been established for the following: dry cleaning,
graphic arts operations, gasoline dispensing operations, surface coating
operations, vehicle and mobile equipment refinishing operations, and
external fuel burning operations. Specified criteria must be met to be
eligible for a general permit.

Source:
<http://www.maricopa.gov/aq/divisions/engineering/nontitlev.aspx>

**[California]{.underline}**

The California NSR program is derived from the California CAA NSR
requirements arising from the California CAA, and are codified in the
California Health and Safety Code at Division 26. Specific to NSR, each
District is to include in its attainment plan, a stationary source
control program designed to achieve no net increase in emissions of
non-attainment pollutants or their precursors for all new or modified
sources that exceed particular emission thresholds. In addition, most
new and modified stationary sources are required to use BACT. In
California, BACT is synonymous with the federal term LAER for
non-attainment area permit requirements.

Each of the 35 Air Pollution Control Districts in California has its own
NSR program and issues its own NSR or PSD permits to construct and
operate. To do so, each district has adopted its own rules and
regulations to comply with State and federal laws. These regulations
usually incorporate both the California and federal regulations into one
or more rules.

Some of the County Air Pollution Control Districts (also referred to as
Districts) have specified exemption (limits for units/source
categories), while others do not have specified exemptions from minor
source permitting (e.g., Amador County). It is often at the discretion
of the permitting authority to exempt a unit (e.g., if it has a PTE less
than 1 tpy) from permitting. Some Districts require a permit by limit
and do not require BACT, while others require BACT (e.g., Antelope
Valley requires BACT for minor sources that have a PTE of 25 lbs/day of
a criteria pollutant; Bay Area requires BACT for sources with potential
emission of 10 lbs/day of any criteria pollutant) and/or permit limits
in lieu of BACT (e.g., Antelope Valley may require that a source that
emits less than 25 lbs/day of all criteria pollutants to receive limits
based on the permitting official's discretion; Bay Area requires sources
that do not trigger BACT to meet limits for SO~2~, NO~x~, CO, and
opacity). Some Districts require that sources that do not trigger BACT
(because of a specified emission level) meet reasonably available
control technology (RACT) (e.g., Calaveras County requires BACT for
sources with a PTE of 15 lbs per hour (lbs/hr) or 150 lbs/day of any
criteria pollutant, and RACT for sources that do not trigger BACT. In
some Districts, BACT is case-by-case (e.g., Northern Sierra, North Coast
Unified).

**Feather River Air Quality Management District:**

The 1997 MRI report reviewed the permitting requirements of the Feather
River Air Quality Management District (FRAQMD). The FRAQMD has areas
that have severe nonattainment air quality for ozone. All minor sources
that have the PTE greater than 25 lbs/day day of a criteria pollutant
are required to apply BACT. There is a *de minimis* exemption for a
source that has a PTE 2 lbs/day or less of a criteria pollutant. Other
specific source exemptions are specified (e.g., air conditioners, steam
cleaning equipment).

Sources: <http://www.arb.ca.gov/nsr/nsr.htm>

> <http://www.arb.ca.gov/drdb/fr/cur.htm>

**[Colorado]{.underline}**

All sources of air emissions in Colorado are required to obtain a
construction permit unless they are specifically exempted by the
provisions of Regulation No. 3. The Construction Permit Unit issues
construction permits to commercial and industrial air pollution sources
in Colorado in order to ensure compliance with air quality regulations.
The permitting process and requirements involve a two-phased approach.
The first phase requires the source to report air emissions through the
submission of an Air Pollutant Emission Notice (APEN). In general, an
APEN is required for an emission point with uncontrolled actual emission
of any criteria pollutant equal to or greater than 2 tpy in attainment
areas, 1 tpy in nonattainment areas, and

100 lbs/year of Pb in both attainment and non-attainment areas. For
sources with air emissions exceeding permitting thresholds, the second
phase involves the issuing of an air permit.

All construction permits for new or modified sources will be issued for
the level of production/operation requested on the APEN. Minor and major
sources are regulated under the same permitting requirements. The
Colorado air permitting requirements outlined here have not changed
since the 1997 MRI report.

In general, a construction permit is required for a facility with
uncontrolled actual emissions of any criteria pollutant equal to or
greater than the following in non-attainment areas:

-   2 tpy of VOC;

-   1 tpy of PM~10~;

-   5 tpy of total suspended particles;

-   5 tpy of CO;

-   5 tpy of SO~2~;

-   5 tpy of NO~x~;

-   200 lbs/year of Pb; and

-   2 tpy of other criteria pollutants.\*

> For attainment areas, these levels are:

-   5 tpy of VOC;

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-   5 tpy of PM~10~;

-   10 tpy of total suspended particles;

-   10 tpy of CO;

-   10 tpy of SO~2~;

-   10 tpy of NO~x~;

-   200 lbs/year of Pb; and

-   2 tpy of other criteria pollutants.\*

\*Other criteria pollutants -- fluorides, sulfuric acid mist, hydrogen
sulfide, total reduced sulfur, reduced sulfur compounds, and municipal
waste combustor emissions.

Exempt sources categories are specified in Regulation 3, Part B (II.D.)
(e.g., specified internal combustion engines, specified gasoline
stations located in ozone attainment areas). None of the exemptions
listed in Sections II.D. 1. through II.D.4 shall apply if a source is
subject to Part A of Regulation 6 (new source performance standards
(NSPS)) and/or Regulation No. 8 (HAPs), Parts A, C, D, and E. Permit
exemptions taken under this section do not affect the applicability of
the regulations to the source. Section II.D.8 states that "any person
may request the division to add source categories to the permit
exemption list, in accordance with" specified procedures.

Source: <http://www.cdphe.state.co.us/ap/conperm.asp>

**[Florida]{.underline}**

A minor source facility is defined as any pollutant source that is not a
major source facility. A "major facility" is defined as a facility that
emits or has a TPE 5 tpy or more of Pb or Pb compounds, measured as
elemental Pb; 30 tpy of acrylonitrile; or 100 tpy or more of any other
air pollutant subject to regulation under Chapter 403, Florida statutes.
Florida includes a long list of source/unit/activity permit exemptions
(e.g., vacuum pumps in laboratory operations, equipment used for steam
cleaning). Categorical exemptions are listed in 62-210.300(3)(a).
Generic and temporary exemptions are listed in 62-210.300(3)(b). The
generic and temporary exemptions paragraph includes the following *de
minimis* thresholds:

**Generic Emissions Unit Exemptions**:

Unit must not emit or have the potential to emit -

-   500 lbs/yr of Pb and Pb compounds expressed as Pb;

-   1,000 lbs/yr of any HAP;

-   2,500 lbs/yr or more of total HAP; or

-   5 tpy or more of any other regulated pollutant.

**Generic Facility Exemptions:**

The facility would neither emit or have the potential to emit -

-   1,000 lbs/yr of Pb and Pb compounds expressed as Pb;

-   1 tpy of any HAP;

-   2.5 tpy or more of total HAP;

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-   25 tpy or more of CO, NO~x~, and SO~2~; or

-   10 tpy or more of any other regulated pollutant.

Florida also contains generic non-Title V general permits for minor
sources of air pollution, such as mercury recovery and reclamation, bulk
gasoline plants, heating units and general purpose internal combustion
engines, surface coating operations, plastic products fabrication, cast
polymer operations, concrete batching plants, human crematory, animal
crematory, and nonmetallic mineral processing plants.

Source: <http://www.dep.state.fl.us/air/permitting/nontv_gp.htm>

**[Idaho]{.underline}**

Idaho's Department of Environmental Quality Air Quality Division
requires that an air quality permit to construct prior to construction
or modification of a stationary source such as building, structures, and
other instillations that emit, or may emit pollution to the air. A
permit to construct is also required for certain portable equipments
such as generators. A major source is a facility that has the PTE 10 tpy
or more of any HAP or 25 tpy of any combination of HAP, with exceptions;
a facility that directly emits or has the PTE 100 tpy of any pollutant;
a facility located in a "serious" PM~10~ nonattainment area that has a
PTE of 70 tpy or more of PM~10~; a facility in a "serious" CO
nonattainment area that has a PTE of 50 tpy or more of CO; a facility
located in an ozone transport region that has a PTE of 50 tpy or more of
VOC or NO~x~ in excess of specified amounts in marginal, serious,
severe, and extreme nonattainment areas. Minor sources are sources that
are not major sources. Commencing construction of a major facility or
major modification prior to obtaining a Permit to Construct is a
violation. Minor sources, on the other hand, may be able to obtain a
15-day pre-permit construction approval.

General exemption criteria are specified in Section IDAPA 58.0101.220.
It states that no permit to construct is required for a source that
satisfies all of the general exemption criteria (e.g., source has a PTE
less than 100 tpy of any regulated pollutant, emissions increase does
not exceed significant emission rates) in addition to criteria set forth
in Sections 221, 222, or 223. Exemptions are also specified for some
Category I sources (e.g., sources that have *de minimis* emissions of
less than 10 percent of the significant emission rates specified in
Idaho State regulations) (Section IDAPA 58.0101.221) and Category II
sources (e.g., sources that have a PTE less than 100 tpy of any
pollutant, and qualify as a listed exempt source, such as laboratory
equipment used exclusively for chemical and physical analysis)(Section
IDAPA 58.0101.222).

Source: <http://www.deq.idaho.gov/air/permits_forms.cfm>

**[Iowa]{.underline}**

Iowa's Department of Natural Resources (DNR) requires that all
stationary air pollutant emitting equipment constructed or modified
after September 23, 1970 must obtain an air construction permit prior to
construction or modification. This is true for all stationary equipment
with air pollutant emissions that could reasonably be captured and
vented to the atmosphere through a stack, chimney, vent, or other
functionally-equivalent opening, unless exempted as a "small unit." A
"small unit" is defined as an emissions unit (and associated control
equipment) that emits less than the small unit thresholds (specified in
567 IAC 22.1(2)w(1)) on a 12-month rolling total basis. The emission
thresholds are:

-   5 tpy SO~2~;

-   5 tpy NO~x~;

-   5 tpy VOC;

-   5 tpy CO;

-   5 tpy particulate matter (PM);

-   5 tpy HAP;

-   2.5 tpy PM~10~; and

-   40 lbs per year of Pb and Pb compounds expressed as Pb.

An emission unit is defined as any activity or part of an activity that
emits or has the potential to emit any pollutant subject to regulation
under the CAA.

Any facility may use the exemption provided that the emission units are
not subject to federal air requirements (e.g., NESHAP, NSPS, etc.).

The owner or operator must maintain an exemption justification document
on site for each emission unit or group of similar emission units that
the exemption is being applied to. The exemption justification document
is to include the minimum information necessary to justify the exemption
(567 IAC 22.1(2)w(3)). The exemption justification document is like a
permit that the owner or operator writes for the facility stating how
their unit or units will be maintained to remain below the small unit
emission thresholds. If an exemption document is not prepared, an air
construction permit application will need to be submitted (even when
emissions are below the small unit emissions exemption).

An owner or operator must apply for air construction permits for all
substantial small units for which the cumulative notice threshold for
the pollutant(s) in question has been reached. These cumulative notice
threshold levels are:

-   40 tpy SO~2~;

-   40 tpy NO~x~;

-   40 tpy VOC;

-   100 tpy CO;

-   25 tpy PM;

-   10 tpy of any HAP;

-   25 tpy and combination of HAP;

-   15 tpy PM~10~; and

-   0.6 tpy of Pb and Pb compounds expressed as Pb.

> (567 IAC 22.1(2)"w"(8))

Iowa also specifies exemptions under 567 Iowa Administrative Code
(IAC)22.1(2) (e.g., manually operated equipment and non-production
equipment and equipment vented indoors).

Source: <http://www.iowadnr.com/air/prof/const/const.html>

**[Kansas]{.underline}**

State "Construction Permits" are required for the following:

-   New sources with emission of a regulated pollutant above state PTE
    threshold (see below);

-   Modification of existing source if increase of regulated pollutant
    emissions exceed state permit PTE threshold;

-   Affected Title V sources; and

-   Incinerators.

State Permit PTE Thresholds

-   25 tpy PM;

-   15 tpy PM~10~;

-   40 tpy SO~x~;

-   100 tpy CO;

-   40 tpy VOC;

-   40 tpy NO~x~;

-   0.6 tpy Pb;

-   10 tpy HAP; and

-   25 tpy combined HAP.

State Construction Approvals are required for the following:

-   New source with emission of regulated pollutant above state approval
    PTE threshold (see below);

-   Modification of existing source if increase of regulated pollutant
    emissions exceeds state approval PTE threshold;

-   Most minor NSPS, Part 61 national emission standards for hazardous
    air pollutants (NESHAP) and Part 63 NESHAP sources;

-   Sources which apply and qualify for an approval under K.A.R.
    28-19-302(c)(see below).

State "Construction Approval" PTE Thresholds

-   5 lbs/hr PM;

-   5 lbs/hr PM~10~ (agricultural);

-   2 lbs/hr PM~10~ (other);

-   2 lbs/hr SO~2~ or sulfur trioxide (SO~3~);

-   50lbs/24 hr period CO;

-   50 lbs/24 hr period VOC (except in Wy or Jo counties);

-   15 lbs/24 hr period VOC or 3 lbs/hr VOC (Wy or Jo counties);

-   50 lbs/24 hr period NOx;

-   0.1 lbs/hr Pb or Pb compounds;

-   50 megagrams/yr non-methane organic compounds (NMOC) (landfills
    [\>]{.underline} 2.5 million megagrams or [\>]{.underline} 2.5
    million cubic meters)

K.A.R. 28-19-302(c)

a.  Allows most sources with actual emissions below State permit
    thresholds to be treated in the same manner as a source with
    potential emissions below those thresholds.

b.  A restriction in an approval will reduce the PTE for State purposes
    if the reduced PTE is not for the purpose of avoiding PSD or a Class
    I or II operating permit.

> Sources: KDHE, Bureau of Air and Radiation, Construction Permits and
> Approvals: Informational Sheet, K.A.R. 28-19-300(a)
>
> <http://www.kdheks.gov/air-Permit/forms/Informational_Sheet.pdf>

**[Minnesota]{.underline}**

Construction permits are issued for the construction of a new facility
whose PTE is over federal or state thresholds, or the modification of an
existing facility. In general, a facility that does not already require
a total facility permit will not need a construction permit for a
modification at its facility unless the additional PTE of the
construction activity increases the PTE of the total facility to the
point that the PTE of the total facility crosses a permitting threshold.
State total facility PTE thresholds in tpy are as follows:

-   100 tpy NO~x~;

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-   50 tpy SO~2~;

-   100 tpy VOC;

-   100 tpy PM;

-   25 tpy PM~10~;

-   100 tpy CO;

-   0.5 tpy Pb;

-   10 tpy of one HAP; and

-   25 tpy of more than one HAP.

Sources that have a PTE less than 50 tpy of SO~2~, 25 tpy of PM, 0.5 tpy
of Pb and 100 tpy of other criteria pollutants are exempt from
permitting if located at a new site. No State notification is required
for these units. Sources that choose to keep its emissions below these
limits will get a registration permit. If a new unit will be installed
at a facility that has already triggered permitting, the new unit can
still avoid a permit if (federal) NSR does not apply and the unit's
potential emissions are below the following rates:

-   2.28 lb/hr NO~x~, SO~2~, or VOC;

-   0.855 lb/hr PM~10~;

-   5.70 lb/hr CO; or

-   0.025 lb/hr Pb.

**General Permits**: The State permits are similar to the federal
permits for "general permits" except that the PTE for those facilities
are below the federal thresholds. There are two available "general
permits": non-metallic mineral processing, general manufacturing.

**Registration:** These are for facilities with low actual emissions
versus their potential emissions. In general, the facility's actual
emissions must be less than 50 % of the federal thresholds. There are
other requirements. These permits are similar to general permits in that
they are easier to obtain and the requirements are less rigorous when
making modifications.

Minnesota does not specifically define a "minor source," a permit must
be obtained for any new or modified source that has a PTE greater than
50 tpy SO~2~ (federal major source threshold is 100 tpy), 25 tpy PM~10~
(federal major source threshold is 100 tpy) and 0.5 tpy Pb (federal
major source threshold is 10 tpy).

Source: <http://www.pca.state.mn.us/air/permits/index.html>

**[Montana]{.underline}**

Montana regulations require construction permits for both major and
minor sources. Montana's major source thresholds are 250 tpy of any
criteria pollutant in attainment areas, and 100 tpy in nonattainment
areas. Minor sources are sources that are not major sources.

A minor source facility is required to obtain a minor source permit at a
new site if the source has a PTE more than 25 tpy of any criteria
pollutant, and a PTE more than 15 tpy of any criteria pollutant for a
new or modified source at an existing site (except for Pb). Under both
of these scenarios, the facility would need to complete a State level
BACT analysis. Note that Montana also specifies a long list of exempt
units/sources (e.g., agricultural and forest prescription fire
activities, food service establishments). See Administrative Rules of
Montana, Sub-Chapter 9, 17.8.743-4.

Montana may adopt rules for the registration of certain classes of
sources of air contaminants in lieu of a permit application.

Sources: <http://data.opi.state.mt.us/bills/mca/75/2/75-2-211.htm>

> Permit Requirements for Major Stationary Sources or Major
> Modifications Locating Within Nonattainment Areas, Air Quality,
> Administrative Rules of Montana, Sub-Chapter 9.

**[Nebraska]{.underline}**

Nebraska regulations pertaining to preconstruction permits can be found
in Chapter 17, Title 129, Department of Environmental Quality. The
operating permit, which is submitted, reviewed, and approved, also
incorporates the construction permit. Nebraska requires all new or
modified sources that emit air pollutants at specified levels to apply
for a construction permit. Nebraska requires both Class I (major
sources) and Class II (essentially minor sources) permits.

Threshold limits for source permitting (and *de minimis* exemption
thresholds):

-   15 tpy PM~10~,

-   40 tpy SO~2~, NO~x~, VOC,

-   50 tpy CO,

-   0.6 tpy Pb,

-   2.5 tpy any single HAP, and

-   10 tpy any combination of HAP. (Chapter 17 of Title 129)

No notification is required for sources that fall below the *de minimis*
thresholds, but it is recommended. Emission records must be kept.

A minor source construction permit is required for units that emit more
than the *de minimis* exemption levels, or for sources not specifically
exempt under Nebraska law (e.g., refuse incinerators on residential
premises containing five or fewer living units and used only for
residential waste).

Subject minor sources are required to apply BACT.

Sources:

<http://www.deq.state.ne.us/Publica.nsf/lddd539d2b73986256870007b30a8/e85cc52a7>

<http://www.eea-inc.com/rrdb/DGRegProject/States/NE.html>

**[Nevada]{.underline}**

Nevada has an integrated program where both construction and operations
are covered under the same permit. Major sources are non-exempt sources
that have a PTE of 250 tpy of any criteria pollutant or 50 tpy NOx or
VOC in nonattainment areas, or 10 tpy or more of a HAP or 25 tpy or more
of a combination of HAP. Minor sources are sources that are not major
sources. Trivial activities (e.g., consumer use of paper
trimmers/binders, equipment used to mix and packages soaps) and
insignificant activities (e.g., crematory incinerators processing less
than 175 tpy, autoclave rebricking) are provided. Trivial activities are
activities and emission units that may be presumptively omitted from
Class I applications. Insignificant activities are activities that are
not subject to permitting in accordance with NAC 445B.288.4. Sources
that are not specifically exempted must obtain a minor source permit.
Subject minor sources are subject to BACT.

Sources: <http://ndep.nv.gov/bapc/qa/getting.html>

> <http://www.eea-inc.com/rrdb/DGRegProject/States/NV.html>

**[New Mexico]{.underline}**

New Mexico State regulations governing NSR preconstruction permitting
can be found at Title 20 (Environmental Protection), Chapter 2 (Air
Quality (Statewide)), Part 72 (Construction Permits). Regulations do not
specifically define "minor" sources. However, permits must be obtained
for any new or modified stationary source that has a PTE greater than 10
lbs/hr or

25 tpy of any regulated air contaminant for which there is a National or
State ambient air quality standard.

Emissions from a list of specified activities are not required (e.g.,
activities that occur strictly for maintenance of grounds or buildings,
including: lawn care, pest control, grinding, cutting, welding,
painting, woodworking, sweeping, general repairs, janitorial activities,
and building rood operations) to be included in the calculation of the
facility-wide potential emission rate. (NMAC 20.2.72.202)

If a source has a PTE less than 10 tpy of each criteria pollutant, the
source is exempt from permitting. No State notification is required. If
a source has a PTE between 10 to 25 tpy or

10 lb/hr of any criteria pollutant, a minor source permit is required.
In most cases, an air dispersion modeling analysis demonstrating
compliance with applicable ambient standards needs to be submitted with
the application. The State ambient 24-hour NO~x~ standard is more
stringent than Federal standards, but there is no State BACT. Controls
may be necessary in areas where there are other NO~x~-emitting sources.

The presence of a specified list of sources/units and activities for
which emissions do not need to be calculated (e.g., specified stand-by
generators) at the facility shall be reported, as provided in the permit
application forms. Emissions from these sources and activities, however,
are not required to be included in the calculation of the facility-wide
potential emission rate.

The Department may, after notice and a public hearing with opportunity
for public participations, issue one or more general construction
permits, each covering numerous similar sources.

Sources: Title 20, Environmental Protection, Chapter 2, Air Quality
(Statewide), Part 72, Construction Permits. 20.2.72 NMAC

<http://www.eea-inc.com/rrdb/DGRegProject/States/NM.html>

**[North Dakota]{.underline}**

A "minor source" is defined as any designated air contaminant source
identified under NDAC 33-15-14-01 which is not required to obtain a
Title V permit to operate under NDAC 33-15-14-06. The process begins
with obtaining a preconstruction permit. Some units are exempt (e.g.,
bench scale laboratory equipment used exclusively for chemical or
physical analysis or experimentation) from permitting under NDAC
33-15-14-13. In such cases, no State notification is required, but is
strongly recommended. The department may require that the owner or
operator of any stationary source exempted under subsection 13 to
register the source.

The source must show that there would not be an exceedance of the NAAQS
and PSD increments, which may require modeling, particularly if the
source's PTE is over 40 tpy of NO~x~ or SO~2~ or 100 tpy of CO.

Source: NDAC 33-15-14-01 to 33-15-14-07. Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate.

**[Oklahoma]{.underline}**

Oklahoma's air regulations are promulgated under the Oklahoma CAA.
Oklahoma requires a preconstruction permit form the Air Quality Division
when there is an addition of a new source, or modification of an
existing source that results in a net increase in air contaminant
emissions, as deemed necessary. A minor source is any source for which a
permit is required, but is not a Part 70 source. Minor sources are
either Group I sources, or Group II sources. Group I sources emit at
least 25 tpy, but less than 100 tpy of any one pollutant. Group II
sources emit more than 1 lb/hr but less than 25 tpy of any pollutant.

There are three permit categories: (1) permit by rule; (2) general
permit; and (3) individual permit.

\(1\) **Permit by rule.** An owner or operator of a minor facility may
apply for registration under a permit by rule if the following criteria
are met:

\(A\) The facility has actual emissions less than 40 tpy of each
regulated air pollutant, except HAPs.

\(B\) The facility does not emit or have the PTE 10 tpy or more of any
single HAP or 25 tpy or more of any combination of HAPs.

\(C\) The DEQ has established a permit by rule for the industry in Part
9 of this Subchapter.

\(D\) The facility certifies that it will comply with the applicable
permit by rule.

\(E\) The facility is not operated in conjunction with another facility
or source that is subject to air quality permitting.

\(2\) **General permit.** Minor facilities may qualify for authorization
under a general permit if the following criteria are met:

\(A\) The facility has actual emissions less than 100 tpy of each
regulated air pollutant, except for HAPs.

\(B\) The facility does not emit or have the potential to emit 10 tpy or
more of any single HAP or 25 tpy or more of any combination of HAPs.

\(C\) The DEQ has issued a general permit for the industry.

\(3\) **Individual permit.** Minor facilities requiring permits which do
not qualify for a permit by rule or a general permit shall obtain
individual permits. An owner or operator may apply for an individual
permit even if the facility qualifies for a permit by rule or a general
permit.

There are three exemption conditions: (1) A construction permit is not
required for a minor source that releases less than or equal to 1 lb/hr
for any criteria pollutant, and emits less than 100 tpy; (2) emissions
of toxics do not exceed specified levels; and (3) the
source/modification is not subject to a NESHAP or NSPS. Oklahoma also
specifies unit/source exemptions (e.g., for organic materials with vapor
pressures of less than 1.5 psia under actual storage conditions,
fugitive dust from agricultural sources).

Sources: <http://www.deq.state.ok.us/rules/100.pdf>

> Title 252. Oklahoma Department of Environmental Quality. Chapter 100.
> Air Pollution Control. Part 3 -- Construction Permits.

**[Oregon]{.underline}**

Air Contaminant Discharge Permits (ACDPs) are primarily used to regulate
minor sources of air contaminant emissions, but are also required for
any new major source or major modification of a major source.

There are six types of ACDPs (short term activity, basic, general,
simple, standard, construction). A General ACDP differs from other ACDPs
in that general ACDPs are issued for an entire source category, and
qualifying facilities are subsequently assigned to the permit. The other
types of ACDPs are issued for each individual facility.

For a long list of activities and sources (over 100) that constitute
minor sources that require permits are specified in Table 1, OAR
340-216-0020. Examples of sources on this list include autobody repair
and painting shops painting more than 25 automobiles in a year;
bakeries, commercial baking more than 500 tons of dough a year, etc.

General ACDPs are available for 18 source categories (e.g., hard chrome
electroplaters, dry cleaners, asphalt plants).

Minor sources are sources that have the potential to emit less than
major source thresholds.

Source: <http://www.deq.state.or.us/aq/aqpermit/ACDP/index.htm>

**[South Dakota]{.underline}**

Under the South Dakota's Department of Environment and Natural
Resources' air regulations (Section 74:36), a minor source" is a source
whose potential emissions of any regulated pollutant are less than 100
tpy and does not meet the definition of a Part 70 "major source." The
State requires a preconstruction permit before any source or unit likely
to cause the emission of air pollutants is constructed or modified.

Facilities that have a PTE less than 25 tpy of any criteria pollutant
(except Pb) before control are exempt from permitting. A letter of
notification is required. A single unit with a PTE less than 2 tpy is
also exempt from permitting. A source that has a PTE more than 25 tpy of
any single criteria pollutant or actually emits more than 20 tpy of any
criteria pollutant must obtain a minor source permit. South Dakota's
regulations also include a list of source/unit exemptions (e.g., a
device or apparatus fueled by waste oil, laboratory equipment used
exclusively for chemical and physical analysis).

Sources for which General Permits have been developed include asphalt
plants, rock crushers, concrete plants and grain elevators. General
permits can be obtained by submitting an application and the appropriate
notice of intent to operate.

Sources: <http://www.eea-inc.com/rrdb/DGRegProject/States/SD.html>

> <http://www.state.sd.us/denr/DES/AirQuality/airprogr.htm>

**[Texas]{.underline}**

Texas Administrative Code (TAC) rules permit both minor and major
sources under the same requirements. Any construction or modification of
an existing facility which may emit air contaminants must comply with
the following:

\(1\) obtain a permit,

\(2\) satisfy the conditions for a standard permit,

\(3\) satisfy the conditions for a flexible permit, or

\(4\) satisfy the conditions for exempt facilities.

Texas exempts specific facilities or types of facilities (called *de
minimis* facilities or sources) that they have determined do not make a
significant contribution of air contaminants to the atmosphere. Texas's
exemption list includes over a 100 sources (e.g., music and film
studios, farm and ranch refueling operations, offices, beauty shops).
For listed *de minimis* facilities or sources, neither registration or
authorization prior to construction is required per Title 30 TAC Chapter
116.

Sources:
<http://www.tceq.state.tx.us/permitting/air/guidance/newsourcereview/demlist06_1377074.pdf>

**[Utah]{.underline}**

Utah State regulations governing NSR permitting are located in Rule
307-1-3, Control of Installations.

Exemptions and special provisions are specified in Rule 307-413. Small
source exemptions based on *de minimis* emissions are specified in Rule
307-413-2. Sources with a actual emissions less than 5 tpy of any
criteria pollutant or 500 lbs/yr of a HAP/air contaminant and less than
2,000 lbs/yr of any combination of HAP/air contaminant are exempt from
permitting.

Other source exemptions are specified in Rule 307-413-4 (e.g., comfort
heating equipment, exhaust systems for controlling steam and heat that
do not contain combustion products).

Any project that does not meet exemption criteria and does not trigger
Title V is subject to minor source permitting. In the nonattainment
areas of the state, offsetting and controls are likely. State BACT is
required in nonattainment area for NO~x~, PM, and SO~2~. If emissions
from a source are close to the major source threshold (250 tpy of any
criteria pollutant in attainment areas, 100 tpy of any criteria
pollutant in nonattainment or maintenance areas), it may be required to
complete some modeling to determine the impact on the ambient air. LAER
may be required, depending on the modeling results.

Sources: <http://www.code-co.com/utah/admin/2000/r307413.htm>

> <http://www.eea-inc.com/rrdb/DGRegProject/States/UT.html>

**[Virginia]{.underline}**

Minor NSR permits are issued to facilities that are large enough to emit
pollutants above minimum "exemption" levels but do not qualify as
"major" sources of air pollutants. The Virginia minor NSR regulations
require that a facility submit an application containing information
about the facility before DEQ can issue a permit to the facility. All
applications are available for review by the public at the appropriate
regional office. Within Minor NSR permitting there is a subset of
applications that include facilities that could be considered major
stationary sources but have requested that the permit limit the amount
of pollutants they can emit into the air (referred to as "synthetic
minors").

Any person or entity intending to construct a new air pollution source,
or to modify, relocate or reactivate an existing source not exempt by 9
VAC 5-80-11 must apply for a minor new, modified, and certain major
source construction permits.

Permit exemptions needs to be documented in writing from the appropriate
DEQ regional office. Specified facilities (e.g., vehicle refinishing
operations, coating operations for the exterior of fully assembled
aircraft or marine vessels) are exempt from construction, modification,
reconstruction, or relocation provisions. Virginia also specifies
threshold-based exemptions. Stationary sources with a PTE at rates less
than all of the emission rates specified below shall be exempt from
provisions pertaining to construction or relocation.

-   100 tpy of CO;

-   40 tpy of NO~x~;

-   40 tpy of SO~2~;

-   25 tpy of PM;

-   15 tpy of PM~10~;

-   25 tpy of VOC;

-   0.6 tpy of Pb;

-   3 tpy of fluorides;

-   6 tpy of sulfuric acid mist;

-   9 tpy of total reduced sulfur;

-   9 tpy reduced sulfur compounds;

-   3.6 x 10^-6^ tpy municipal waste combustor organics;

-   13 tpy municipal waste combustor metals;

-   35 tpy municipal waste combustor acid gases; and

-   22 tpy municipal solid waste landfill emissions (measured as NMOC).

The exemption of modified and reconstructed sources shall be determined
as specified below.

Stationary sources with net emission increases less than all of the
emission rates specified below shall be exempt from the modification or
reconstruction provisions:

-   100 tpy of CO;

-   10 tpy of NO~x~;

-   10 tpy of S0~2~;

-   15 tpy of PM;

-   10 tpy of PM~10~;

-   10 tpy of VOC;

-   0.6 tpy of Pb;

-   3 tpy of fluoride;

-   6 tpy of sulfuric acid mist;

-   9 tpy of total reduced sulfur;

-   3.5 x 10^-6^ tpy of municipal waste combustor organics;

-   13 tpy of municipal waste combustor metals;

-   35 tpy municipal waste combustor acid gases; and

-   22 tpy of municipal solid waste landfill emissions (measured as
    NMOC).

> Exemptions from permitting do not stand for facilities subject to
> NSPS/NESHAP.

Source: <http://leg1.state.va.us/cgi-bin/legp504.exe>

**[Washington]{.underline}**

Washington regulations make no distinction between major and minor
sources with regards to construction permits. An air quality notice of
construction (NOC) permit is required for a new source, or modification
of an existing source if it emits air contaminants. The notice must
include a detailed description of the project, and include process
equipment information, type and amount of air contaminants that would be
emitted, air pollution control practices, and air pollution control
equipment.

> Sources with a PTE less than the thresholds listed below are exempt
> from permitting:

-   PM~10~: 1.25 tpy

-   NO~x~, SO~2~, and VOCs: 2 tpy

-   CO: 5 tpy

-   Pb: 0.005 tpy, and

-   Ozone depleting substances: 1 tpy. (WAC 173-400-110(5))

Additionally, Washington exempts a long list of sources under WAC
173-400-110(4) (e.g., cleaning and sweeping of streets and paved
surfaces; concrete application and installation).

A state BACT analysis for the appropriate pollutant is required for all
minor sources with a PTE more than the *de minimis* levels listed above.
However, sources may take permit limits to avoid BACT.

Sources:

<http://www.leg.wa.gov/wac/index.cfm?fuseaction=Section&Section=173-400-110>

<http://www.ecy.wa.gov/programs/air/airhome.html>

<http://www.eea-inc.com/rrdb/DGRegProject/States/WA.html>

**[Wisconsin]{.underline}**

Wisconsin defines a "minor source as "any facility, stationary source in
an attainment area that emits less than 100 tpy of any criteria
pollutant, less than 10 tpy of any individual federal HAP, and less than
25 tpy of all federal HAP combined.

Sources that are not exempt must obtain a minor permit.

Direct sources exempt from construction permit requirements are
specified in NR 406.04 (e.g., storage tanks containing organic compounds
with specified vapor pressures, portland concrete batch plants with
production limits, graphic arts operations).

In order to be eligible for a specific exemption, the owner or operator
of the source meet specified conditions (e.g., maintain records of
materials used, emissions or production rates, must meet maximum
theoretical emission thresholds). Maximum theoretical emission
thresholds include the following:

CO, SO~2~ [\<]{.underline} 9 lbs/hour each contaminant

PM, NO~x~, VOC [\<]{.underline} 5.7 lbs/hour each contaminant

PM~10~ [\<]{.underline} 3.4 lbs/hour

Pb [\<]{.underline} 0.13 lbs/hour

Sources: <http://www.dnr.state.wi.us/org/aw/air/>

<http://www.dnr.state.wi.us/org/aw/air/permitting>

> <http://www.eea-inc.com/rrdb/DGRegProject/States/WI.html>

**[Wyoming]{.underline}**

Wyoming regulations governing minor source permitting can be found in
Section 21 of the Wyoming Air Quality Act, Permit requirements for
construction, modification, and operation. There are no fixed exemption
limits (*de minimis* thresholds), and the regulations do not explicitly
define a minor source. All sources are required to obtain a construction
permit, unless the source/unit is specifically exempted (e.g., gasoline
storage tanks at retail establishments, air conditioning or ventilating
systems not designed to remove air pollutants generated by or released
from equipment). See Section 2(k) of Chapter 6 Wyoming Air Quality
Standards and Regulations. The State does have the ability to waive
requirements based on impacts and emission rates on a case-by-case
basis. Based on a letter of intent sent to the regulatory agency, a
source may be able to obtain an exemption. Based on this application,
the State will determine if BACT is necessary.

Regulations require facilities to utilize BACT to reduce or eliminate
their emissions with consideration of technical practicability and
economic reasonableness.

Sources: <http://deq.state.wy.us/>

> Wyoming Air Quality Standards and Regulations. Chapter 6 -- Permitting
> Requirements
>
> <http://www.eea-inc.com/rrdb/DGRegProject/States/WY.html>

**5.0 Reference**

> Midwest Research Institute (MRI), 1997. *Review of State and Local
> Agencies' New Source Preconstruction Permit Programs for Minor
> Sources. Final Report*. Prepared for the U.S. Environmental Protection
> Agency, Information Transfer and Program Integration Division. Office
> of Air Quality Planning and Standards. Research Triangle Park, NC.
> 27711