Page 1 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

General Exemptions

 (2) Mobile transport tanks on vehicles, except 

for those containing asphalt.

 (5) Pressurized storage of oxygen, nitrogen, 

carbon dioxide, air, or inert gases.

 (6) Storage of solid material, dust-free handling.

 (a) Maintenance/construction: (7) Vehicle exhaust from auto maintenance and 

repair shops.

 (i) Cleaning and sweeping of streets and 

paved surfaces;

 (ii) Concrete application, and installation; (9) Vents from rooms, buildings and enclosures 

that contain permitted emissions units or 

activities from which local ventilation, controls 

and separate exhaust are provided.

 (iii) Dredging wet spoils handling and 

placement;

 (10) Internal combustion engines for propelling 

or powering a vehicle.

 (iv) Paving application and maintenance. 

This provision does not exempt asphalt 

plants from this chapter;

Appendix E: Comparison of emission units and rates exempt from permitting in Washington,some other states, and the EPA Tribal NSR rule.

WAC 173-400(4) de minimis emission 

units
Page 2 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (v) Plant maintenance and upkeep 

activities (grounds keeping, general repairs, 

house keeping, plant painting, welding, 

cutting, brazing, soldering, plumbing, 

retarring roofs, etc.);

 (43) Lawn and landscaping activities. (i) Welding using not more than one ton per 

day of welding rod.

 (33) Plant upkeep including routine 

housekeeping, preparation for and painting of 

structures or equipment, retarring roofs, applying 

insulation to buildings in accordance with 

applicable environmental and health and safety 

requirements and paving or stripping parking lots.

 (vi) Plumbing installation, plumbing 

protective coating application and 

maintenance activities;
Page 3 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (vii) Roofing application and 

maintenance;

 (viii) Insulation application and 

maintenance;

 (ix) Janitorial services and consumer use 

of janitorial products;

 (35) Cleaning and sweeping of streets and 

paved surfaces.

 (x) Construction activities that do not 

result in new or modified stationary sources 

or portable stationary sources.

 (74) Repair and maintenance activities, not 

involving installation of an emission unit and not 

increasing potential emissions of a regulated air 

pollutant.

 (67) Structural changes not having air 

contaminant emissions.

 (b) Storage tanks: Any storage or transfer operation involving petroleum liquids and other 

volatile organic compounds with a vapor pressure less than 1.5 pounds per 

square inch absolute under actual storage conditions or, in the case of 

loading or processing, under actual loading or processing conditions; and 

any operation specified below:

 (i) Lubricating oil storage tanks. This 

provision does not exempt wholesale 

distributors of lubricating oils from this 

chapter;

 (3) Lubricating oil storage tanks.

 (ii) Polymer tanks and storage devices 

and associated pumping and handling 

equipment, used for solids dewatering and 

flocculation;

 (117) Polymer tanks and storage devices and 

associated pumping and handling equipment, 

used for solids dewatering and flocculation.
Page 4 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (iii) Storage tanks, reservoirs, pumping 

and handling equipment of any size 

containing soaps, vegetable oil, grease, 

animal fat, and nonvolatile aqueous salt 

solutions;

 (4) Storage tanks, reservoirs and pumping and 

handling equipment of any size, limited to soaps, 

lubricants, hydraulic fluid, vegetable oil, grease, 

animal fat, aqueous salt solutions or other 

materials and processes using appropriate lids and 

covers where there is no generation of 

objectionable odor or airborne particulate matter.

 (iv) Process and white water storage 

tanks;

 (94) Process water and white water storage 

tanks.

 (v) Operation, loading and unloading of 

storage tanks and storage vessels, with lids 

or other appropriate closure and less than 

260-gallon capacity (35 cubic feet);

 (a) Operation, loading and unloading of storage 

tanks and storage vessels, with lids or other 

appropriate closure and less than two hundred 

sixty gallon capacity (35 cft), heated only to the 

minimum extent to avoid solidification if 

necessary.

Volatile organic compound storage operations. Any tank of 40,000 gallons 

or less storage capacity.

VOC storage tanks with a combined total tankage capacityof not more than 

10,000 gallons of volatile organic compounds.

 (vi) Operation, loading and unloading of 

storage tanks, ≤ 1100 gallon capacity, with 

lids or other appropriate closure, not for 

use with materials containing toxic air 

pollutants, as listed in chapter 173-460 

WAC, max. VP 550 mm mercury at 21°C;

 (b) Operation, loading and unloading of storage 

tanks, not greater than one thousand one 

hundred gallon capacity, with lids or other 

appropriate closure, not for use with hazardous 

air pollutants (HAPs), maximum (max.) vp 550mm 

Hg.

Storage tanks containing organic compounds with a true vapor pressure in 

pounds per square inch absolute at 70°F of less than 1.52 with a combined 

total tankage capacity of not more than 40,000 gallons.

 (vii) Operation, loading and unloading 

storage of butane, propane, or liquefied 

petroleum gas with a vessel capacity less 

than 40,000 gallons;

 (d) Operation, loading and unloading storage of 

butane, propane, or liquified petroleum gas (LPG), 

storage tanks, vessel capacity under forty 

thousand gallons.

Volatile organic compound transfer operations. (1) Any tank of 2,000 

gallons or less storage capacity. (2) Any operation outside the volatile 

organic compound emissions control areas designated in 9 VAC 5-20-206.

 (viii) Tanks, vessels and pumping 

equipment, with lids or other appropriate 

closure for storage or dispensing of 

aqueous solutions of inorganic salts, bases 

and acids.

 (s) Tanks, vessels, and pumping equipment, 

with lids or other appropriate closure for storage 

or dispensing of aqueous solutions of inorganic 

salts, bases and acids excluding: (i) 99% or 

greater H2SO4 or H3PO4; (ii) 70% or greater 

HNO3; (iii) 30% or greater HCl; (iv) More than 

one liquid phase where the top phase is more 

than one percent VOCs.
Page 5 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (c) Operation, loading and unloading of VOC 

storage tanks (including gasoline storage tanks), 

ten thousand gallons capacity or less, with lids or 

other appropriate closure, vp not greater than 

80mm Hg at 21°C.

Petroleum liquid storage and transfer operations. Any storage or transfer 

operation involving petroleum liquids with a vapor pressure less than 1.5 

pounds per square inch absolute under actual storage conditions or, in the 

case of loading or processing, under actual loading or processing conditions 

(kerosene and fuel oil used for household heating have vapor pressures of 

less than 1.5 pounds per square inch absolute under actual storage 

conditions; therefore, kerosene and fuel oil are not subject to the 

provisions of 9 VAC 5-80-10 when used or stored at ambient temperatures); 

and any operation pecified below:

a. Bulk terminals ) gasoline bulk loading operations.

Any operation outside volatile organic compound emissions control areas 

designated in 9 VAC 5-20-206.

b. Gasoline dispensing facilities. Any gasoline dispensing facility.

c. Bulk plants ) gasoline bulk loading operations.

(1) Any facility with an expected daily throughput of less than

4,000 gallons.

(2) Any operation outside volatile organic compound emissions

control areas designated in 9 VAC 5-20-206.

 (t) Equipment used exclusively to pump, load, 

unload or store high boiling organic material, 

material with initial boiling point (IBP) not less 

than 150°C. or vapor pressure (vp) not more than 

5mm Hg at 21°C. with lids or other appropriate 

closure.

Petroleum liquid storage operations.

(1) Any tank of 40,000 gallons or less storage capacity.

(2) Any tank of less than 420,000 gallons storage capacity for crude oil or 

condensate stored, processed or treated at a drilling and production facility 

prior to custody transfer.

(3) Any tank storing waxy, heavy pour crude oil.

One or more external combustion furnaces at a source which will not burn 

any hazardous waste identified under ch. NR 661, or which have been 

issued a license or licenses under ch. NR 670, and if no individual furnace is 

designed to burn the following fuels at more than the maximum rates 

indicated: (i) ≤ 500,000 Btu/hr using coal with ≤ 

0.5% sulfur or other solid fuels with ≤ 0.5% 

sulfur;

 (f) Combustion source, less than five hundred 

thousand Btu/hr., using any commercial fuel 

containing less than 0.4% by weight sulfur for coal 

or less than 1% by weight sulfur for other fuels.

Any unit using solid fuel with a maximum heat input of less than 1,000,000 

Btu per hour.

Coal, coke or other solid fuels, except wood, at a heat input rate of not 

more than 1.0 million Btu per hour.

 (ii) ≤ 500,000 Btu/hr using used oil, per 

the requirements of RCW 70.94.610;

 (h) Combustion source, not greater than five 

hundred thousand Btu/hr. if burning used oil and 

not greater than four hundred thousand Btu/hr. if 

burning waste wood or waste paper.

 (iii) ≤ 400,000 Btu/hr using wood waste 

or paper;

Wood alone or wood in combination with gaseous or liquid fossil fuels at a 

heat input rate of not more than 5.0 million Btu per hour.

 (iv) ≤ 1,000,000 Btu/hr using gasoline, 

kerosene, #1, or #2 fuel oil and with ≤0.05% 

sulfur;

 (g) Combustion source, of less than one million 

Btu/hr. if using kerosene, No. 1 or No. 2 fuel oil.

Any unit using liquid fuel with a maximum heat input of less than 

10,000,000 Btu per hour. Any unit using liquid and 

gaseous fuel with a maximum heat input of less than 10,000,000 Btu per 

hour.

Distillate oil at a heat input rate of not more than 10 million Btu per hour.

 (c) New or modified emission units with combined 

aggregate heat inputs to combustion units (excluding 

emergency engines exempted by subsection 

(4)(h)(xxxix) of this section), less than or equal to all of 

the following, as applicable:
Page 6 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (v) ≤ 4,000,000 Btu/hr using natural gas, 

propane, or LPG.

 (e) Combustion source less than five million 

Btu/hr. exclusively using natural gas, butane, 

propane and/or LPG.

Any unit using gaseous fuel with a maximum heat input of less than 

50,000,000 Btu per hour, unless subject to a new source performance 

standard in Article 5 (9 VAC 5-50-400 et seq.) of 9 VAC 5 Chapter 50.

Gaseous fossil fuel at a heat input rate of not more than 25

million Btu per hour.

 (r) Space heaters and hot water heaters using 

natural gas, propane or kerosene and generating 

less than five million Btu/hr.

Residual or crude oil at a heat input rate of not more than 5.0 million Btu 

per hour.

Equipment which is designed to incinerate solid wastes, which are not 

pathological wastes, infectious wastes, municipal wastes or hazardous 

wastes under ch. NR 661, at a rate of not more than 500 pounds per hour.

 (d) Material handling:

 (i) Continuous digester chip feeders; (92) Continuous digester chip feeders.

 (ii) Grain elevators not licensed as 

warehouses or dealers by either the 

Washington state department of agriculture 

or the U.S. Department of Agriculture;

 (iii) Storage and handling of water based 

lubricants for metal working where organic 

content of the lubricant is ≤ 10%;

 (aa) Storage and handling of water based 

lubricants for metal working where the organic 

content of the lubricant is less than ten percent.

 (iv) Equipment used exclusively to pump, 

load, unload, or store high boiling point 

organic material in tanks less than one 

million gallon, material with initial 

atmospheric boiling point not less than 

150°C or vapor pressure not more than 5 

mm mercury at 21°C, with lids or other 

appropriate closure.

Grain storage facilities; including facilities with rack dryers designed to dry 

grain at a rate of not more than 1,500 bushels per hour at 5% moisture 

extraction, or rack dryers equipped with at least 50 mesh screens, or 

column dryers; with an average tonnage of grain received of less than 5500 

tons per month and which are not subject to s. NR 440.47. The average 

monthly tonnage of grain received shall be calculated by dividing the 

cumulative tonnage of grain received since January 1 of each year by 12. 

The average monthly tonnage of grain received does not include product 

that the facility sells, acting as a broker, which is never actually received or 

dried at the grain storage facility.
Page 7 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

Grain processing facilities; including facilities with rack dryers designed to 

dry grain at a rate of not more than 1,500 bushels per hour at 5% moisture 

extraction, or rack dryers equipped with at least 50 mesh screens, or 

column dryers; with an average tonnage of grain received of less than 4500 

tons per month and which are not subject to s. NR 440.47. The average 

monthly tonnage of grain received shall be calculated by dividing the 

cumulative tonnage of grain received since January 1 of each year by 12. 

The average monthly tonnage of grain received does not include product 

that the facility receives that is packaged when received and remains 

packaged.

 (e) Water treatment:

 (i) Septic sewer systems, not including 

active wastewater treatment facilities;

 (ii) NPDES permitted ponds and lagoons 

used solely for the purpose of settling 

suspended solids and skimming of oil and 

grease;

 (iii) De-aeration (oxygen scavenging) of 

water where toxic air pollutants as defined 

in chapter 173-460 WAC are not emitted;

 (61) Demineralization and oxygen scavenging 

(deaeration) of water.

 (iv) Process water filtration system and 

demineralizer vents;

 (v) Sewer manholes, junction boxes, 

sumps and lift stations associated with 

wastewater treatment systems;

 (120) Sewer manholes, junction boxes, sumps 

and lift stations associated with wastewater 

treatment systems.

 (vi) Demineralizer tanks; (95) Demineralizer tanks.

 (vii) Alum tanks; (97) Alum tanks.

 (viii) Clean water condensate tanks. (96) Clean condensate tanks.

 (p) Municipal and industrial water chlorination 

facilities of not greater than twenty million gallons 

per day capacity. The exemption does not apply to 

waste water treatment.

Facilities for chlorination of municipal drinking water, the intake of once 

through industrial process or cooling water, or

water for swimming pools, spas or other recreational establishments.

 (bb) Municipal and industrial waste water 

chlorination facilities of not greater than one 

million gallons per day capacity.

 (f) Environmental chambers and laboratory equipment:

 (i) Environmental chambers and humidity 

chambers using only gases that are not toxic 

air pollutants listed in chapter 173-460 

WAC;

 (85) Environmental chambers not using 

hazardous air pollutant (HAPs) gasses.

 (ii) Gas cabinets using only gases that are 

not toxic air pollutants regulated under 

chapter 173-460 WAC;

 (65) Gas cabinets using only gasses that are not 

regulated air pollutants.

 (iii) Installation or modification of a single 

laboratory fume hood;

 (47) Natural draft hoods, natural draft stacks, or 

natural draft ventilators for sanitary and storm 

drains, safety valves, and storage tanks subject to 

size and service limitations expressed elsewhere 

in this section.
Page 8 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (iv) Laboratory research, 

experimentation, analysis and testing at 

sources whose primary purpose and activity 

is research or education. To be exempt, 

these sources must not engage in the 

production of products, or in providing 

commercial services, for sale or exchange 

for commercial profit except in a de minimis 

manner. Pilot-plants or pilot scale processes 

at these sources are not exempt.

A laboratory which emits volatile organic compounds, sulfur dioxide, 

carbon monoxide, nitrogen oxides or particulate matter or a combination 

thereof at a rate of less than 5.7 pounds per hour unless the emissions of 

any single hazardous air pollutant listed under section 112 (b) of the Act 

equal or exceed 10 tons per year or the cumulative emissions of hazardous 

air pollutants listed under section 112 (b) of the Act equal or exceed 25 tons 

per year. Hourly emissions shall be determined, based on the quantitative 

estimate of air contaminants before they enter any emission control 

devices, by dividing the total uncontrolled emissions which would have 

occurred during a calendar month by the total hours of operation of the 

laboratory during that calendar month. A laboratory is in operation if 

laboratory apparatus or equipment is in use

 (v) Laboratory calibration and 

maintenance equipment.

 (g) Monitoring/quality assurance/testing:

 (i) Equipment and instrumentation used 

for quality control/assurance or inspection 

purpose;

 (22) Inspection equipment for metal products.

 (ii) Hydraulic and hydrostatic testing 

equipment;

 (76) Hydraulic and hydrostatic testing 

equipment.

 (iii) Sample gathering, preparation and 

management;

 (iv) Vents from emission monitors and 

other analyzers.

 (8) Vents from continuous emissions monitors 

and other analyzers.

 (h) Miscellaneous:

 (i) Single-family residences and duplexes;
Page 9 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (ii) Plastic pipe welding; (29) Plastic pipe welding.

 (iii) Primary agricultural production 

activities including soil preparation, 

planting, fertilizing, weed and pest control, 

and harvesting;

 (iv) Comfort air conditioning; (46) Comfort air conditioning or air cooling 

systems, not used to remove air contaminants 

from specific equipment.

 (v) Flares used to indicate danger to the 

public;

 (44) Flares used to indicate danger to the 

public.

 (vi) Natural and forced air vents and 

stacks for bathroom/toilet activities;

 (48) Natural and forced air vents and stacks for 

bathroom/toilet facilities.

 (vii) Personal care activities; (50) Personal care activities. Dry cleaning plants. Any petroleum dry cleaning plant with a total 

manufacturers' rated solvent dryer capacity less than 84 pounds as 

determined by the applicable new source performance standard in 9 VAC 5-

50-410.

Perchloroethylene dry cleaning area sources as defined in s. NR 468.20 (2) 

(am).

 (viii) Recreational fireplaces including the 

use of barbecues, campfires, and 

ceremonial fires;

 (11) Recreational fireplaces including the use of 

barbecues, campfires and ceremonial fires.

 (ix) Tobacco smoking rooms and areas;

 (x) Noncommercial smokehouses; (u) Smokehouses under twenty square feet.

 (xi) Blacksmith forges for single forges;
Page 10 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (xii) Vehicle maintenance activities, not 

including vehicle surface coating;

 (xiii) Vehicle or equipment washing (see 

(c) of this subsection for threshold for 

boilers);

 (xiv) Wax application;

 (xv) Oxygen, nitrogen, or rare gas 

extraction and liquefaction equipment not 

including internal and external combustion 

equipment;

 (xvi) Ozone generators and ozonation 

equipment;

 (58) Ozonation equipment.

 (xvii) Solar simulators; (84) Solar simulators.

 (xviii) Ultraviolet curing processes, to the 

extent that toxic air pollutant gases as 

defined in chapter 173-460 WAC are not 

emitted;

 (xix) Electrical circuit breakers, 

transformers, or switching equipment 

installation or operation;

 (xx) Pulse capacitors; (62) Pulse capacitors.

 (xxi) Pneumatically operated equipment, 

including tools and hand held applicator 

equipment for hot melt adhesives;

 (xxii) Fire suppression equipment;

 (52) Firefighting and similar safety equipment 

and equipment used to train firefighters excluding 

fire drill pits.

 (xxiii) Recovery boiler blow-down tank; (90) Recovery boiler blow-down tank.

 (xxiv) Screw press vents;
Page 11 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (xxv) Drop hammers or hydraulic presses 

for forging or metal working;

 (18) Drop hammers or hydraulic presses for 

forging or metalworking.

 (xxvi) Production of foundry sand molds, 

unheated and using binders less than 0.25% 

free phenol by sand weight;

 (j) Foundry sand molds, unheated and using 

binders with less than 0.25% free phenol by sand 

weight.

 (xxvii) Kraft lime mud storage tanks and 

process vessels;

 (93) Weak liquor and filter tanks.

 (xxviii) Lime grits washers, filters and 

handling;

 (104) Lime grits washers, filters and handling.

 (xxix) Lime mud filtrate tanks; (99) Lime mud filtrate tank.

 (xxx) Lime mud water; (101) Lime mud water.

 (xxxi) Stock cleaning and pressurized pulp 

washing down process of the brown stock 

washer;

 (102) Lime mud filter.

 (98) Broke beaters, repulpers, pulp and 

repulping tanks, stock chests and pulp handling.

 (103) Liquor clarifiers and storage tanks and 

associated pumping, piping and handling.

 (100) Hydrogen peroxide tanks.

 (xxxii) Natural gas pressure regulator 

vents, excluding venting at oil and gas 

production facilities and transportation 

marketing facilities;
Page 12 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (xxxiii) Solvent cleaners less than 10 

square feet air-vapor interface with solvent 

vapor pressure not more than 30 mm 

mercury at 21°C where no toxic air 

pollutants as listed under chapter 173-460 

WAC are emitted;

Any solvent metal cleaning operation with an uncontrolled emission rate of 

not more than seven tons per year, 40 pounds per day and eight pounds 

per hour.

Batch cold cleaning equipment which does not use halogenated HAP 

solvent and has a total air to solvent interface of 1.0 square meters or less 

during operation.

Batch cold cleaning equipment which uses halogenated HAP solvent and 

meets both of the following requirements: 1. The equipment has a total air 

to solvent interface of 1.0 square meters or less during operation.

2. The equipment is not a major source or located at a major source, as 

defined in s. NR 460.02 (24).

Batch open top vapor degreasing equipment which does not use 

halogenated HAP solvent and has a total air to vapor interface of 1.0 

square meters or less during operation.

Batch open top vapor degreasing equipment which uses halogenated HAP 

solvent and meets both of the following requirements:

1. The equipment has a total air to solvent interface of 1.0 square meters or 

less during operation.

2. The equipment is not a major source or located at a major source, as 

defined in s. NR 460.02 (24).

Conveyorized non−vapor degreasing and conveyorized vapor degreasing 

equipment which uses halogenated HAP solvent and is not a major source 

or located at a major source, as defined in s. NR 460.02 (24).

 (xxxiv) Surface coating, aqueous solution 

or suspension containing ≤ 1% (by weight) 

VOCs, or ≤ 1% (by weight) toxic air 

pollutants as listed in chapter 173-460 WAC;

Large appliance coating application systems. 

Any coating application system if it is within a plant that has an 

uncontrolled emission rate of not more than seven tons per year, 40 

pounds per day and eight pounds per hour. Magnet wire 

coating application systems. Any coating application system if it is within a 

plant that has an uncontrolled emission rate of not more than seven tons 

per year, 40 pounds per day and eight pounds per hour. 

Automobile and light duty truck coating application systems. a. Any coating 

application system if it is within a plant that has an uncontrolled emission 

rate of not more than seven tons per year, 40 pounds per day and eight 

pounds

per hour. b. Any vehicle refinishing operation.

Painting or coating operations, including associated cleancleaning 

operations, which emit or will emit not more than 1666 pounds of volatile 

organic compounds per month, which are asured

prior to entering any emission control devices, unless the emissions of any 

single hazardous air pollutant listed under section 112 (b) of the Act (42 

USC 7412(b)) equal or exceed 10 tons per year

or the cumulative emissions of hazardous air pollutants listed under section 

112 (b) of the Act equal or exceed 25 tons per year.
Page 13 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (xxxv) Cleaning and stripping activities 

and equipment using solutions having ≤ 1% 

VOCs (by weight) or ≤ 1% (by weight) toxic 

air pollutants. Acid solutions used on 

metallic substances are not exempt;

 (xxxvi) Dip coating operations, using 

materials less than 1% VOCs (by weight) or 

≤ 1% (by weight) toxic air pollutants as 

listed in chapter 173-460 WAC.

 (xxxvii) Abrasive blasting performed 

inside a booth or hangar designed to 

capture the blast grit or overspray.

 (xxxviii) For structures or items too large 

to be reasonably handled indoors, abrasive 

blasting performed outdoors that employs 

control measures such as curtailment 

during windy periods and enclosure of the 

area being blasted with tarps and uses 

either steel shot or an abrasive containing 

less than one percent (by mass) which 

would pass through a No. 200 sieve.

 (xxxix) Stationary emergency internal 

combustion engines with an aggregate 

brake horsepower that is less than or equal 

to 500 brake horsepower.

 (n) Combustion turbines, of less than 500 HP. Emergency electric generators powered by internal combustion engines 

which are fueled by gaseous fuels, gasoline or distillate fuel oil with an 

electrical output of less than 3,000 kilowatts.
Page 14 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (xl) Gasoline dispensing facilities with 

annual gasoline throughputs less than those 

specified in WAC 173-491-040 (4)(a). 

Gasoline dispensing facilities subject to 

chapter 173-491 WAC are exempt from 

toxic air pollutant analysis pursuant to 

chapter 173-460 WAC.

Gasoline dispensing facilities which dispense gasoline or other petroleum 

products.

These are not included in 173-400-110(4)

 (13) Atmospheric generators used in 

connection with metal heat treating processes.

 (3) The following units or activities may be 

determined to be insignificant on a case-by-case 

basis by the permitting authority:

Portland concrete batch plants which produce or will produce less than 

20,000 cubic yards of concrete per month averaged over any 12 

consecutive month period.

 (14) Metal finishing or cleaning using tumblers. (a) Pilot plants. Wood product manufacturing plants. Any addition of, relocation of or 

change to a woodworking machine within a plant provided the system air 

movement capacity, expressed as the cubic feet per minute of air, and 

maximum control efficiency of the control system are not decreased.

Automobile refinishing operations, including associated cleaning 

operations, which emit or will emit not more than 1666 pounds of volatile 

organic compounds per month, which are measured prior to entering any 

emission control devices, unless the emissions of any single hazardous air 

pollutant listed under section 112(b) of the Act (42 USC 7412(b)) equal or 

exceed 10 tons per year or the cumulative emissions of hazardous air 

pollutants listed under section 112(b) of the Act equal or exceed 25 tons 

per year.
Page 15 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (17) Metal or glass heat-treating, in absence of 

molten materials, oils, or VOCs.

 (b) Cold feed aggregate bins for asphalt and 

concrete production equipment.

Wood sawmills. Any wood sawmill. Graphic arts operations, including associated cleaning operations, which 

emit or will emit not more than 1666 pounds of volatile organic compounds 

per month, which are measured prior

to entering any emission control devices, unless the emissions of any single 

hazardous air pollutant listed under section 112 (b) of the Act equal or 

exceed 10 tons per year or the cumulative emissions of hazardous air 

pollutants listed under section 112 (b) of the Act equal or exceed 25 tons 

per year.

 (19) Electrolytic deposition, used to deposit 

brass, bronze, copper, iron, tin, zinc, precious and 

other metals not listed as the parents of HAPs.

 (c) Chemical or physical analytical laboratory 

operations or equipment including fume hoods 

and vacuum pumps.

Equipment used or to be used for the purpose of testing or research 

provided that all of the following requirements are met:

1. A complete application for exemption is made describing the proposed 

testing or research and including an operating schedule and the types and 

quantities of emissions anticipated.

2. The department determines that the equipment to be used and the 

anticipated emissions from the testing or research will not present a 

significant hazard to public health, safety or welfare or to the environment 

and approves the application for exemption.

3. The equipment will be in operation for less than 12 months.

4. The department approves the application for exemption submitted 

under subd. 1. The department shall approve or deny the application in 

writing within 45 days of receiving a complete

application. The department may provide public notice of an application for 

research and testing exemption, may provide an opportunity for public 

comment and an opportunity to request a public hearing and may hold a 

public hearing on any application under this paragraph. The department 

shall make all nonconfidential information available to the public upon 

request.
Page 16 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (15) Metal casting molds and molten metal 

crucibles that do not contain potential HAPs.

 (d) NPDES permitted ponds and lagoons utilized 

solely for the purpose of settling suspended solids 

and skimming of oil and grease.

Equipment whose primary purpose is to transport or sort paper.

 (20) Metal fume vapors from electrically heated 

foundry/forge operations wherein the 

components of the metal do not generate HAPs or 

HAP precursors. Electric arc furnaces are excluded 

from consideration for listing as insignificant.

 (e) Coffee roasters, under fifteen lbs./day of 

coffee.

(m) The following procedures for the remediation or disposal of soil or 

water contaminated with organic compounds, provided the potential to 

emit, considering emission control devices, for any hazardous air 

contaminant listed in Table A to Table C of s. NR 445.07 is not greater than 

the emission rate listed in Table A to Table C of s. NR 445.07 for the air 

contaminant at the respective stack height, and the procedure is not 

subject to any standard or regulation under section 111 or 112 of the Act 

(42 USC 7411 or 7412): Numerous additionla criteria listed in rule.
Page 17 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (16) Die casting. (f) Tire buffing of less than six thousand six 

hundred tires per year.

Renovation or demolition operations involving regulated 

asbestos−containing material provided that the provisions of subd. 1. or 2. 

are met:

1. The amount of regulated asbestos−containing material is less than 260 

linear feet on pipes or 160 square feet on other facility components.

2. If the amount of regulated asbestos−containing material is at least 260 

linear feet on pipes or at least 160 square feet on other facility 

components, all of the following conditions are met:

a. Notice of intention is provided under s. NR 447.07.

b. The notice indicates that the project will meet all applicable 

requirements of ch. NR 447.

c. The fee required under s. NR 410.05 (2) and (3) is submitted with the 

notice.

 (21) Metal melting and molten metal holding 

equipment and operations wherein the 

components of the metal do not generate HAPs or 

HAP precursors. Electric arc furnaces are not 

considered for listing as insignificant.

 (k) "Parylene" coaters using less than five 

hundred gallons of coating per year.

Private alcohol fuel production systems as defined in s .289.44 (1) (c), Stats.
Page 18 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (12) Brazing, soldering and welding equipment 

and oxygen-hydrogen cutting torches for use in 

cutting metal where in components of the metal 

do not generate HAPs or HAPs precursors.

 (l) Printing and silkscreening, using less than 

two gallon/day of any combination of the 

following: Inks, coatings, adhesives, fountain 

solutions, thinners, retarders, or nonaqueous 

cleaning solutions.

 (23) Plastic and resin curing equipment, 

excluding FRP.

 (m) Water cooling towers and ponds, not using 

chromium-based corrosion inhibitors, not used 

with barometric jets or condensers, not greater 

than ten thousand gpm, not in direct contact with 

gaseous or liquid process streams containing 

regulated air pollutants.

Chromium electroplating area sources and chromium anodizing area 

sources as defined in s. NR 460.02 (5).
Page 19 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (24) Extrusion equipment, metals, minerals, 

plastics, grain or wood.

 (o) Batch solvent distillation, not greater than 

fifty-five gallons batch capacity.

Crematories.

 (25) Presses and vacuum forming, for curing 

rubber and plastic products or for laminating 

plastics.

 (q) Surface coating, using less than two gallons 

per day.

Indirect malt dryers which are designed to burn fuels specified in par. (a) at 

a heat input rate less than the rates specified in par. (a).

 (87) Steam vents and safety relief valves. (v) Milling and grinding activities, using pasteform compounds with less than one percent 

VOCs.

Bulk gasoline plants which distribute gasoline or other petroleum products.
Page 20 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (26) Roller mills and calendars, rubber and 

plastics.

 (w) Rolling, forging, drawing, stamping, 

shearing, or spinning hot or cold metals.

(x) Any quarry, mine or other facility where nonmetallic minerals re 

extracted that is not a ledge rock quarry or industrial sand mine.

(y) Ledge rock quarries with actual production of less than 25,000 tons per 

month on a rolling 12 month average, or with actual operation of less than 

365 days per 5 year period.

(z) Industrial sand mines with actual production of less than 2,000 tons per 

month on a rolling 12 month average.

 (27) Conveying and storage of plastic pellets. (x) Dip-coating operations, using materials with 

less than one percent VOCs.

Fixed sand and gravel plants and fixed crushed stone plants with capacities 

of 25 tons per hour or less.

 (28) Plastic compression, injection, and transfer 

molding and extrusion, rotocasting, pultrusion, 

blowmolding, excluding acrylics, PVC, polystyrene 

and related copolymers and the use of plasticizer. 

Only oxygen, carbon dioxide, nitrogen, air, or inert 

gas allowed as blowing agents.

 (y) Surface coating, aqueous solution or 

suspension containing less than one percent 

VOCs.

Portable sand and gravel plants and portable crushed stone plants with 

capacities of 150 tons per hour or less.

 (30) Nonmetallic mineral mines and screening 

plants except for crushing and associated 

activities that are not subject to 40 C.F.R. Part 60 

Subpart 000. Quarrying of silica rock and 

associated activities are not considered for listing 

as insignificant.

 (z) Cleaning and stripping activities and 

equipment, using solutions having less than one 

percent VOCs by weight. On metallic substrates, 

acid solutions are not considered for listing as 

insignificant.

 (31) Wet sand and gravel screening.

 (32) Wax application.

 (34) Agricultural activities on a facility's 

property that are not subject to registration or 

new source review by the permitting authority.

 (36) Ultraviolet curing processes.

 (37) Hot melt adhesive application with no 

VOCs in the adhesive formulation.

 (38) Laundering, dryers, extractors, tumblers 

for fabrics, using water solutions of bleach and/or 

detergents.

 (39) Steam cleaning operations.

 (40) Steam sterilizers.

 (41) Food preparing for human consumption 

including cafeterias, kitchen facilities and 

barbecues located at a source for providing food 

service on the premises.

 (42) Portable drums and totes.

 (45) General vehicle maintenance including 

vehicle exhaust from repair facilities.

Any unit that powers a mobile source but is removed for maintenance or 

repair and testing.

 (49) Office activities. Can coating application systems. Any coating application system if it is 

within a plant that has an uncontrolled emission rate of not more than 

seven tons per year, 40 pounds per day and eight pounds per hour.

 (51) Sampling connections used exclusively to 

withdraw materials for laboratory analyses and 

testing.

Metal coil coating application systems. Any coating application system if it 

is within a plant that has an uncontrolled emission rate of not more than 

seven tons per year, 40 pounds per day and eight pounds per hour.
Page 21 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (53) Materials and equipment used by, and 

activity related to operation of infirmary; 

infirmary is not the source's business activity.

Paper and fabric coating application system. Any coating application 

system if it is within a plant that has an uncontrolled emission rate of not 

more than seven tons per year, 40 pounds per day and eight pounds per 

hour.

 (54) Fuel and exhaust emissions from vehicles 

in parking lots.

Vinyl coating application systems. Any coating application system if it is 

within a plant that has an uncontrolled emission rate of not more than 

seven tons per year, 40 pounds per day and eight pounds per hour.

 (55) Carving, cutting, routing, turning, drilling, 

machining, sawing, surface grinding, sanding, 

planing, buffing, shot blasting, shot peening, 

sintering or polishing: Ceramics, glass, leather, 

metals, plastics, rubber, concrete, paper stock or 

wood provided that:

Metal furniture coating application systems. Any coating application 

system if it is within a plant that has an uncontrolled emission rate of not 

more than seven tons per year, 40 pounds per day and eight pounds per 

hour.

 (a) Activity is performed indoors; Miscellaneous metal parts and products coating application systems. a. 

Any coating application system if it is within a plant that has an 

uncontrolled emission rate of not more than seven tons per year, 40 

pounds per day and eight pounds per hour.

b. Any vehicle customizing coating operation, if production is less than

20 vehicles per day.

c. Any vehicle refinishing operation.

d. Any fully assembled aircraft or marine vessel exterior coating

operation.

 (b) Particulate emission control in the 

immediate vicinity of the activity;

Flatwood paneling coating application systems. Any coating application 

system if it is within in a plant that has an uncontrolled emission rate of not 

more than seven tons per year, 40 pounds per day and eight pounds per 

hour.

 (c) Exhaust from the particulate control is 

within the building housing the activity;

Graphic arts (printing processes). Any printing process if it is within a plant 

that has an uncontrolled emission rate of not more than seven tons per 

year, 40 pounds per day and eight pounds per hour.

 (d) No fugitive particulate emissions enter the 

environment.

 (91) Salt cake mix tanks.

 (56) Oxygen, nitrogen, or rare gas extraction 

and liquefaction equipment subject to other 

exemption limitation, e.g., internal and external 

combustion equipment.

 (57) Slaughterhouse equipment except 

rendering cookers.

 (59) Nonasbestos brake shoe bonding.

 (60) Batch loading and unloading of solid phase 

catalysts.

 (63) Laser trimmers, using dust collection to 

prevent fugitive emissions.

 (64) Plasma etcher, using dust collection to 

prevent fugitive emissions and using only oxygen, 

nitrogen, carbon dioxide, or inert gas.

 (66) CO2 lasers, used only on metals and other 

materials which do not emit HAPs in the process.

 (68) Confection cooking equipment.

 (69) Mixing, packaging, storage and handling 

activities of any size, limited to soaps, lubricants, 

vegetable oil, grease, animal fat, aqueous salt 

solutions.
Page 22 of 110

A B C D E F

WAC 173-401-532 Categorically 

exempt insignificant emission units.

WAC 173-401-533 Units and activities 

defined as insignificant on the basis of 

size or production rate.

Virginia, 9 VAC 5 Chapter 80 Permits for stationary 

sources, 9 VAC 5-80-11

Wisconson Administrative Code NR 406.04 Direct sources 

exempt from Construction Permit requirements

WAC 173-400(4) de minimis emission 

units

 (70) Photographic process equipment by which 

an image is reproduced upon material sensitized 

to radiant energy, e.g., blueprint activity, 

photocopiers, mimeograph, telefax, photographic 

developing, and microfiche.

 (71) Pharmaceutical and cosmetics packaging 

equipment.

 (72) Paper trimmers/binders.

 (73) Sample gathering, preparation and 

management.

 (75) Handling equipment and associated 

activities for glass and aluminum which is destined 

for recycling, not the re-refining process itself.

 (77) Batteries and battery charging.

 (78) Porcelain and vitreous enameling 

equipment.

 (79) Solid waste (as defined in the Washington 

Administrative Code) containers.

 (80) Salt baths using nonvolatile salts and not 

used in operations which result in air emissions.

 (81) Shock chambers.

 (82) Wire strippers.

 (83) Humidity chambers.

 (86) Totally enclosed conveyors.

 (88) Air compressors, pneumatically operated 

equipment, systems and hand tools.

 (89) Steam leaks.

 (105) Lime silos and feed bins.

 (106) Paper forming.

 (107) Dryers (Yankee, after dryer, curing 

systems and coolings systems).

 (108) Vacuum systems exhausts.

 (109) Starch cooking.

 (110) Stock cleaning and pressurized pulp 

washing.

 (111) Winders.

 (112) Chipping.

 (113) Debarking.

 (114) Sludge dewatering and handling.

 (115) Screw press vents.

 (116) Pond dredging.

 (118) NonPCB oil filled circuit breakers, oil filled 

transformers and other equipment that is 

analogous to, but not considered to be, a tank.

 (119) Electric or steam-heated drying ovens and 

autoclaves.

 (121) Water cooling towers processing 

exclusively noncontact cooling water.
Page 23 of 110

A B

 (a) Maintenance/construction:

 (i) Cleaning and sweeping of streets and 

paved surfaces;

 (ii) Concrete application, and installation;

 (iii) Dredging wet spoils handling and 

placement;

 (iv) Paving application and maintenance. 

This provision does not exempt asphalt 

plants from this chapter;

Appendix E: Comparison of emission units and rates exempt from permitting in Washington,some other states, and the EPA Tribal NSR rule.

WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

(A) Insignificant Activities Stationary sources and activities listed in 

Appendix A of this regulation shall be considered to be insignificant and will 

not require a permit under this chapter or be included in a source's permit.

AppendixA, groups A and B

B71 Maintenance dredging of pulp and paper mill surface impoundments 

and ditches containing cellulosic and cellulosic derived biosolids and 

inorganic materials such as lime, ash, or sand.

3.3(12) The use of products such as antifreeze and fuel additives for the 

purpose of maintaining motor vehicles.
Page 24 of 110

A B

WAC 173-400(4) de minimis emission 

units

 (v) Plant maintenance and upkeep 

activities (grounds keeping, general repairs, 

house keeping, plant painting, welding, 

cutting, brazing, soldering, plumbing, 

retarring roofs, etc.);

 (vi) Plumbing installation, plumbing 

protective coating application and 

maintenance activities;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

10. Portable brazing, soldering, gas cutting or welding equipment used as 

an auxiliary to the principal equipment at the source. 39. On-site 

plant maintenance and upkeep activities, including, lawn care, weed 

control, pest control, general repairs, cleaning, painting, surface coating, 

welding, plumbing, grinding, cutting, woodworking, janitorial activities, retarring roofs, installing insulation, and paving parking lots, provided that 

these activities are not conducted as part of a manufacturing process and 

are not related to the source’s primary business activity; provided further, 

that for cleaning, surface coating and painting activities, the source is not 

subject to VOC or HAP control requirements and the source minimizes the 

generation of fugitive emissions of any regulated air pollutants; and 

provided further, that the source complies with the asbestos requirements 

in 45CSR15.

3.3(45) The following activities are considered trivial when they occur 

strictly for maintenance or construction activities: plastic pipe welding, 

soldering, brazing, cutting torches, janitorial activities, steam cleaning, 

water washing, acid and caustic washing activities, miscellaneous use of 

solvents, adhesives and caulking, miscellaneous sandblasting, non-asbestos 

insulation removal, application of refractory and insulation, the periodic 

use of air for clean-up, and, the process of demolition and rebricking 

boilers, smelters, furnaces and kilns (this does not include the subsequent 

operation of such equipment), the surface coating of equipment and 

buildings as is related to maintenance and construction, and activities 

which occur for maintenance of grounds such as lawn care, weed control 

and pest control. 3.3(36) Road and lot paving and 

striping operations.

A7. Welding or cutting equipment related to manufacturing activities that 

do not result in aggregate emissions of HAPS in excess of 0.1 tpy. 

B13. Maintenance of grounds or buildings, including: lawn care, weed 

control, pest control, and water washing activities.

B14. Repair, up-keep, maintenance, or construction activities not related to 

the sources' primary business activity, and not otherwise triggering a 

permit modification. This may include, but is not limited to such activities as 

general repairs, cleaning, painting, welding, woodworking, plumbing, retarring roofs, installing insulation, paved/paving parking lots, miscellaneous 

solvent use, application of refractory, or insulation, brazing, soldering, the 

use of adhesives, grinding, and cutting2

B15 Surface-coating equipment during miscellaneous maintenance and 

construction activities. This activity specifically does not include any facility 

whose primary business activity is

surface-coating or includes surface-coating or products.

40. Commercial and residential maintenance and upkeep activities 

occurring at a building, residence or other structure, including lawn care, 

weed control, pest control, general repairs, cleaning, painting, surface 

coating, welding, plumbing, grinding, cutting, woodworking, janitorial 

activities, re-tarring roofs, installing insulation, and paving parking lots, 

provided that these activities are not conducted as part of a manufacturing 

process; provided further, that for cleaning, surface coating and painting 

activities, the source is not subject to VOC or HAP control requirements and 

the source minimizes the generation of fugitive emissions of any regulated 

air pollutants; and provided further, that the source complies with the 

asbestos requirements in 45CSR15.
Page 25 of 110

A B

WAC 173-400(4) de minimis emission 

units

 (vii) Roofing application and 

maintenance;

 (viii) Insulation application and 

maintenance;

 (ix) Janitorial services and consumer use 

of janitorial products;

 (x) Construction activities that do not 

result in new or modified stationary sources 

or portable stationary sources.

 (b) Storage tanks:

 (i) Lubricating oil storage tanks. This 

provision does not exempt wholesale 

distributors of lubricating oils from this 

chapter;

 (ii) Polymer tanks and storage devices 

and associated pumping and handling 

equipment, used for solids dewatering and 

flocculation;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

B14. Repair, up-keep, maintenance, or construction activities not related to 

the sources'

primary business activity, and not otherwise triggering a permit 

modification. This may

include, but is not limited to such activities as general repairs, cleaning, 

painting,

welding, woodworking, plumbing, re-tarring roofs, installing insulation, 

paved/paving parking lots, miscellaneous solvent use, application of 

refractory, or insulation, brazing,

soldering, the use of adhesives, grinding, and cutting2

3.3(3) Vacuum cleaning systems used exclusively for office type areas at 

industrial facilities, or commercial or residential housekeeping.

B6. Janitorial services and consumer use of janitorial products

3.3(46) Excavation for new construction.
Page 26 of 110

A B

WAC 173-400(4) de minimis emission 

units

 (iii) Storage tanks, reservoirs, pumping 

and handling equipment of any size 

containing soaps, vegetable oil, grease, 

animal fat, and nonvolatile aqueous salt 

solutions;

 (iv) Process and white water storage 

tanks;

 (v) Operation, loading and unloading of 

storage tanks and storage vessels, with lids 

or other appropriate closure and less than 

260-gallon capacity (35 cubic feet);

 (vi) Operation, loading and unloading of 

storage tanks, ≤ 1100 gallon capacity, with 

lids or other appropriate closure, not for 

use with materials containing toxic air 

pollutants, as listed in chapter 173-460 

WAC, max. VP 550 mm mercury at 21°C;

 (vii) Operation, loading and unloading 

storage of butane, propane, or liquefied 

petroleum gas with a vessel capacity less 

than 40,000 gallons;

 (viii) Tanks, vessels and pumping 

equipment, with lids or other appropriate 

closure for storage or dispensing of 

aqueous solutions of inorganic salts, bases 

and acids.

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

49. Storage tanks, reservoirs and pumping and handling equipment of any 

size containing soaps, vegetable oil, animal grease or fat and aqueous salt 

solutions, provided appropriate lids and covers are utilized, excluding 

rendering plants. 50. Storage tanks, vessels and containers holding or 

storing liquid substances that will not emit any regulated air pollutant.

A4. Caustic storage tanks that contain no VOCs. 

B21 Storage tanks, vessels, and containers holding or storing liquid 

substances that do not contain any VOCs or HAPS.~

B22 Storage tanks, reservoirs, and pumping and handling equipment of any 

size containing soaps, vegetable oil, grease, animal fat, and no volatile 

aqueous salt solutions, provided appropriate lids and covers are used and 

appropriate odor control is achieved.

3.3(44) Storage vessels, tanks and containers with a capacity of less than 

750 gallons.

A2. Storage tanks less than or equal to 250 gallons storing organic liquids 

having a true vapor pressure less than or equal to 3.5 psia, provided that 

the aggregate pollutant specific emissions from all such liquid storage tanks 

listed as insignificant do not exceed 5 tpy of any combination of HAPs and 

10 tpy of any other pollutant.

58. Storage vessels having less than 10,567 gallons capacity containing 

petroleum or organic liquids with a vapor pressure of 1.5 psia or less at 

storage temperature, provided that the emissions from all such organic 

liquid storage tanks, in the aggregate, are less than 2 tons per year for 

hazardous air pollutants or VOCs.

3.2(25) Storage tanks, with capacities under 10,000 gallons, except those 

subject to either Part 229 or Part 233 of this Title.

A3. Storage tanks less than or equal to 10,000 gallons storing organic liquids 

having a true vapor pressure less than or equal to 0.5 psia, provided that 

the aggregate pollutant specific emissions from all such liquid storage tanks 

listed as insignificant do not exceed 5 tpy of any combination of HAPS and 

10 tpy of any other pollutant.

3.2(22) Pressurized fixed roof tanks which are capable of maintaining a 

working pressure at all times to prevent emissions of volatile organic 

compound to the outdoor atmosphere.
Page 27 of 110

A B

WAC 173-400(4) de minimis emission 

units

 (i) ≤ 500,000 Btu/hr using coal with ≤ 

0.5% sulfur or other solid fuels with ≤ 0.5% 

sulfur;

 (ii) ≤ 500,000 Btu/hr using used oil, per 

the requirements of RCW 70.94.610;

 (iii) ≤ 400,000 Btu/hr using wood waste 

or paper;

 (iv) ≤ 1,000,000 Btu/hr using gasoline, 

kerosene, #1, or #2 fuel oil and with ≤0.05% 

sulfur;

 (c) New or modified emission units with combined 

aggregate heat inputs to combustion units (excluding 

emergency engines exempted by subsection 

(4)(h)(xxxix) of this section), less than or equal to all of 

the following, as applicable:

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.2(21) Distillate and residual fuel oil storage tanks with storage capacities 

below 300,000 barrels. 3.2(23) External floating roof 

tanks which are of welded construction and are equipped with a metallictype shoe primary seal and a secondary seal from the top of the shoe seal 

to the tank wall.

3.2(24) External floating roof tanks which are used for the storage of a 

petroleum or volatile organic liquid with a true vapor pressure less than 4.0 

psi (27.6 kPa), are of welded construction and are equipped with one of the 

following:

(i) a metallic-type shoe seal;

(ii) a liquid-mounted foam seal;

(iii) a liquid-mounted liquid-filled type seal; or

(iv) equivalent control equipment or device.

3.2(26) Horizontal petroleum storage tanks.

A8. Containers of less than or equal to 5 gallons in capacity that do not emit 

any detectable VOCs or HAPs when closed. This includes filling, blending, or 

mixing of the contents of such containers by a retailer.

A9. Equipment used for surface coating, painting, dipping, or spraying 

operations, provided the material used contains no more than 0.4 lblgal 

VOCs, no hexavalent chromium, and no more than 0.1 tpy of all other HAPs.

3.2(1) Stationary or portable combustion installations where the furnace 

has a maximum rated heat input capacity less than 10 million Btu/hr 

burning fossil fuels, other than coal, and coal and wood fired stationary 

combustion units with a maximum heat input less than 1 million Btu/hr. 

This exemption includes unit space heaters, which burn waste oil as 

defined in 6NYCRR Subpart 225-2 and generated on-site, alone or in 

conjunction with used oil generated by a do-it-yourself oil changer as 

defined in 6 NYCRR Subpart 374-2. 

3.2(2) Stationary or portable combustion installations where the furnace 

has a maximum rated heat input capacity less than 10 million Btu/hr 

burning fossil fuels other than coal.
Page 28 of 110

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WAC 173-400(4) de minimis emission 

units

 (v) ≤ 4,000,000 Btu/hr using natural gas, 

propane, or LPG.

 (d) Material handling:

 (i) Continuous digester chip feeders;

 (ii) Grain elevators not licensed as 

warehouses or dealers by either the 

Washington state department of agriculture 

or the U.S. Department of Agriculture;

 (iii) Storage and handling of water based 

lubricants for metal working where organic 

content of the lubricant is ≤ 10%;

 (iv) Equipment used exclusively to pump, 

load, unload, or store high boiling point 

organic material in tanks less than one 

million gallon, material with initial 

atmospheric boiling point not less than 

150°C or vapor pressure not more than 5 

mm mercury at 21°C, with lids or other 

appropriate closure.

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.2(2) Stationary or portable combustion installations where the furnace 

has a maximum rated heat input capacity less than 10 million Btu/hr 

burning fossil fuels other than coal.

A1. Fuel burning equipment with a design rate less than 10 million BTU per 

hour, provided that the aggregate pollutant specific emissions from all such 

units listed as insignificant do not exceed 5 tons per year (tpy) of any 

combination of HAPs and 10 tpy of any other pollutant.

3.2(8) Feed and grain milling, cleaning, conveying, drying and storage 

operations including grain storage silos, where such silos exhaust to an 

appropriate emission control device, excluding grain terminal elevators 

with permanent storage capacities over 2.5 million U.S. bushels, and grain 

storage elevators with capacities above one million bushels.

3.3(65) Equipment used to mix and package soaps, vegetable oil, grease, 

animal fat, and nonvolatile aqueous salt solutions, provided appropriate 

lids and covers are utilized.

B23 Equipment used to mix and package soaps, vegetable oil, grease, 

animal fat, and nonvolatile aqueous salt solutions, provided appropriate 

lids and covers are used and appropriate odor control is achieved.
Page 29 of 110

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WAC 173-400(4) de minimis emission 

units

 (e) Water treatment:

 (i) Septic sewer systems, not including 

active wastewater treatment facilities;

 (ii) NPDES permitted ponds and lagoons 

used solely for the purpose of settling 

suspended solids and skimming of oil and 

grease;

 (iii) De-aeration (oxygen scavenging) of 

water where toxic air pollutants as defined 

in chapter 173-460 WAC are not emitted;

 (iv) Process water filtration system and 

demineralizer vents;

 (v) Sewer manholes, junction boxes, 

sumps and lift stations associated with 

wastewater treatment systems;

 (vi) Demineralizer tanks;

 (vii) Alum tanks;

 (viii) Clean water condensate tanks.

 (f) Environmental chambers and laboratory equipment:

 (i) Environmental chambers and humidity 

chambers using only gases that are not toxic 

air pollutants listed in chapter 173-460 

WAC;

 (ii) Gas cabinets using only gases that are 

not toxic air pollutants regulated under 

chapter 173-460 WAC;

 (iii) Installation or modification of a single 

laboratory fume hood;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

9. Boiler water treatment operations, excluding cooling towers. 

38. Oxygen scavenging (de-aeration) of water.

B45 Oxygen scavenging (de-aeration) of water. 

B43 Boiler water treatment operations, not including cooling towers.

42. Process water filtration systems and demineralizers 

15. Demineralized water tanks and demineralizer vents.

3.3(90) Process water filtration systems and demineralizers. B41 Process water filtration systems and demineralizers.

15. Demineralized water tanks and demineralizer vents. 3.3(91) Demineralized water tanks and demineralizer vents. B42 Demineralized water tanks and demineralizer vents.

23. Environmental chambers not using hazardous air pollutant gases. 

32. Humidity chambers.

3.3(86) Environmental chambers not using hazardous air pollutant gases. B38 Environmental chambers not using hazardous air pollutant gases.

B39 Shock chambers, humidity chambers, and solar simulators.

7. Bench-scale laboratory equipment used for physical or chemical 

analysis, excluding lab fume hoods or vents.

3.2(40) Ventilating and exhaust systems for laboratory operations.
Page 30 of 110

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WAC 173-400(4) de minimis emission 

units

 (iv) Laboratory research, 

experimentation, analysis and testing at 

sources whose primary purpose and activity 

is research or education. To be exempt, 

these sources must not engage in the 

production of products, or in providing 

commercial services, for sale or exchange 

for commercial profit except in a de minimis 

manner. Pilot-plants or pilot scale processes 

at these sources are not exempt.

 (v) Laboratory calibration and 

maintenance equipment.

 (g) Monitoring/quality assurance/testing:

 (i) Equipment and instrumentation used 

for quality control/assurance or inspection 

purpose;

 (ii) Hydraulic and hydrostatic testing 

equipment;

 (iii) Sample gathering, preparation and 

management;

 (iv) Vents from emission monitors and 

other analyzers.

 (h) Miscellaneous:

 (i) Single-family residences and duplexes;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.3(32) All process emission sources which are located at private, public, or 

vocational education institutions, where the emissions are the result of 

teaching and training exercises, and the institution is not engaged in the 

manufacture of products for commercial sale in commerce, except in a de 

minimis manner. 

A10. Non-production equipment approved by the Department, used for 

waste treatability studies or other pollution prevention programs provided 

that the emissions are less than

10 tpy of any pollutant regulated under this regulation or less than 2 tpy of 

a single HAP or 5 tpy of any combination of HAPS. 

B34 Bench-scale laboratory equipment used for physical or chemical 

analysis not including lab fume hoods or vents.

8. Routine calibration and maintenance of laboratory equipment or other 

analytical instruments.

B35 Routine calibration and maintenance of laboratory equipment or other 

analytical instruments.

26. Equipment used for quality control/assurance or inspection purposes, 

including sampling equipment used to withdraw materials for analysis.

A5 Emissions from laboratory equipment/vents used exclusively for routine 

chemical or physical analysis for quality control or environmental 

monitoring purposes provided that the aggregate pollutant specific 

emissions from all such equipment/vents considered insignificant do not 

exceed 5 tpy of any combination of HAPs and 10 tpy of any other pollutant. 

B36 Equipment used for quality controllassurance or inspection purposes, 

including sampling

equipment used to withdraw materials for analysis

33. Hydraulic and hydrostatic testing equipment. 3.3(56) Equipment used for hydraulic or hydrostatic testing. B37 Hydraulic and hydrostatic testing equipment.

51. Vents from continuous emissions monitors and other analyzers. 3.3(75) Contaminant detectors, sampling devices and recorders. B26 Vents from continuous emissions monitors and other analyzers.

2. Air contaminant detectors or recorders, combustion controllers or 

shutoffs.

13. Wood heaters, cookstoves or fireplaces used for heating and/or cooking 

at residential or publicly-owned facilities.

3.3(2) Any emission source or process constructed or operated at a 

domestic residence for domestic use.
Page 31 of 110

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WAC 173-400(4) de minimis emission 

units

 (ii) Plastic pipe welding;

 (iii) Primary agricultural production 

activities including soil preparation, 

planting, fertilizing, weed and pest control, 

and harvesting;

 (iv) Comfort air conditioning;

 (v) Flares used to indicate danger to the 

public;

 (vi) Natural and forced air vents and 

stacks for bathroom/toilet activities;

 (vii) Personal care activities;

 (viii) Recreational fireplaces including the 

use of barbecues, campfires, and 

ceremonial fires;

 (ix) Tobacco smoking rooms and areas;

 (x) Noncommercial smokehouses;

 (xi) Blacksmith forges for single forges;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.3(45) The following activities are considered trivial when they occur 

strictly for maintenance or construction activities: plastic pipe welding, 

soldering, brazing, cutting torches, janitorial activities, steam cleaning, 

water washing, acid and caustic washing activities, miscellaneous use of 

solvents, adhesives and caulking, miscellaneous sandblasting, non-asbestos 

insulation removal, application of refractory and insulation, the periodic 

use of air for clean-up, and, the process of demolition and rebricking 

boilers, smelters, furnaces and kilns (this does not include the subsequent 

operation of such equipment), the surface coating of equipment and 

buildings as is related to maintenance and construction, and activities 

which occur for maintenance of grounds such as lawn care, weed control 

and pest control.

3.3(14) Ventilating systems used in buildings to house animals. B75 Agricultural operations, including onsite grain storage, not including IC 

engines or grain elevators.

14. Comfort air conditioning or ventilation systems not used to remove air 

contaminants generated by or released from specific units of equipment.

3.3(4) Ventilating systems used exclusively for temperature and humidity 

control of buildings for the comfort of people living or working within the 

building except those systems which have applicable requirements under 

title VI of the act.

B2. Air conditioning and heating units used for comfort that do not have 

applicable requirements under Title VI of the Act.

B3. Ventilating units used for human comfort that do not exhaust air 

pollutants into the ambient air from any manufacturing/industrial or 

commercial process.

22. Emergency road flares. 29. Single-use flares used 

solely to indicate danger to the public.

3.3(35) Emergency road flares. B48 Emergency road flares.

4. Bathroom/toilet vent emissions. 3.3(4) Ventilating systems used exclusively for temperature and humidity 

control of buildings for the comfort of people living or working within the 

building except those systems which have applicable requirements under 

title VI of the act 3.3(7) Bathroom/toilet vents.

B9. Bathroom/toilet emissions B57 Stacks or vents to prevent 

escape of sanitary sewer gases through the plumbing traps.

36.

Laundry activities, excluding dry-cleaning and steam boilers. 

3. Any consumer product used in the same manner as in normal 

consumers’ use, provided the use results in a duration and frequency of 

exposure which are not greater than those experienced by consumers and 

which may include, but not be limited to, personal use items; janitorial 

cleaning supplies; office supplies; and supplies to maintain copying 

equipment.

3.3(8) Beauty salons and barber shops. 3.3(9) Laundry dryers, extractors, 

or tumblers used to clean fabrics with water solutions of bleach and 

detergents, where the emissions of such operations are controlled by 

appropriate emission control devices.

B8. Laundry activities, except for drycleaning and steam boilers.

3.3(68) Open fires B30 Barbecue equipment or outdoor fireplaces used in connection with any 

residence or recreation.

5. Tobacco smoking rooms and areas. 3.3(6) Smoking rooms and areas. B11 Tobacco smoking rooms and areas.

3.3(83) Blacksmith forges. B12. Blacksmith forges
Page 32 of 110

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WAC 173-400(4) de minimis emission 

units

 (xii) Vehicle maintenance activities, not 

including vehicle surface coating;

 (xiii) Vehicle or equipment washing (see 

(c) of this subsection for threshold for 

boilers);

 (xiv) Wax application;

 (xv) Oxygen, nitrogen, or rare gas 

extraction and liquefaction equipment not 

including internal and external combustion 

equipment;

 (xvi) Ozone generators and ozonation 

equipment;

 (xvii) Solar simulators;

 (xviii) Ultraviolet curing processes, to the 

extent that toxic air pollutant gases as 

defined in chapter 173-460 WAC are not 

emitted;

 (xix) Electrical circuit breakers, 

transformers, or switching equipment 

installation or operation;

 (xx) Pulse capacitors;

 (xxi) Pneumatically operated equipment, 

including tools and hand held applicator 

equipment for hot melt adhesives;

 (xxii) Fire suppression equipment;

 (xxiii) Recovery boiler blow-down tank;

 (xxiv) Screw press vents;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.3(10) Engine exhaust emissions and/or refueling emissions generated 

from mobile and portable powered vehicles and equipment used for the 

propulsion or operation of passengers and/or freight transportation 

vehicles, marine vehicles and equipment, construction and off-road 

vehicles and equipment, farm vehicles and equipment, competition and 

entertainment vehicles and equipment, and/or any other type of mobile or 

portable engine powered vehicles or equipment when these vehicles or 

equipment are operated anywhere outside of an enclosed facility for the 

purpose of their design and intended use or for compliance assessment 

with any safety or emission control or inspection programs sanctioned by 

New York State, the Federal government or any governmental entity 

empowered to carry out such activities.

3.3(11) Engine exhaust emissions and/or refueling emissions generated 

from mobile and portable powered vehicles and equipment such as 

competition and entertainment vehicles and equipment, farm vehicles and 

equipment, construction and off-road vehicles and equipment, 

automobiles, motorcycles, trucks, buses, marine vehicles and equipment, 

small engine powered tools and equipment, or any other type of mobile or 

portable engine powered vehicles or equipment which are collected and/or 

vented in any manner through any opening in a facility when these vehicles 

and equipment are operated in the facility for the purposes of their design 

and intended use, public safety, comfort or entertainment, facility 

maintenance, vehicle or equipment repair, adjustment or testing, or 

compliance assessment with any safety or emission control or inspection 

programs sanctioned by New York State, the Federal government, or any 

governmental entity empowered to carry out such activities.

3.3(12) The use of products such as antifreeze and fuel additives for the 

purpose of maintaining motor vehicles.

B56. Use of products for the purpose of maintaining motor vehicles 

operated by the facility not including air cleaning units of such vehicles (i.e. 

antifreeze, fuel additives).

57. Ozone generators used in water treatment facilities. 3.3(26) Equipment used exclusively to generate ozone for water treatment 

processes.

B46 Ozone generators.

Solar simulators. 3.3(89) Solar simulators. B39 Shock chambers, humidity chambers, and solar simulators.

3.2(19) Ultraviolet curing operations.

27. Fire suppression systems.

28. Firefighting equipment and the equipment used to train firefighters 

and emergency response individuals, which is subject to 45CSR6 and 

complies with 45CSR15.

3.3(69) Fire training activities.

3.3(70) Fire suppression systems.

B47 Fire suppression systems.
Page 33 of 110

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WAC 173-400(4) de minimis emission 

units

 (xxv) Drop hammers or hydraulic presses 

for forging or metal working;

 (xxvi) Production of foundry sand molds, 

unheated and using binders less than 0.25% 

free phenol by sand weight;

 (xxvii) Kraft lime mud storage tanks and 

process vessels;

 (xxviii) Lime grits washers, filters and 

handling;

 (xxix) Lime mud filtrate tanks;

 (xxx) Lime mud water;

 (xxxi) Stock cleaning and pressurized pulp 

washing down process of the brown stock 

washer;

 (xxxii) Natural gas pressure regulator 

vents, excluding venting at oil and gas 

production facilities and transportation 

marketing facilities;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

16. Drop hammers or hydraulic presses for forging or metalworking. 3.3(66) Drop hammers or hydraulic presses for forging or metalworking. B24 Drop hammers or presses for forging or metalworking

19. Foundry sand molding forming equipment, provided no heat is applied 

and no VOCs or hazardous air pollutants are emitted, but not including the 

metal pouring process.

B64 Emissions of wet lime from lime mud tanks, lime mud washers, lime 

mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks.

B64 Emissions of wet lime from lime mud tanks, lime mud washers, lime 

mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks.

B64 Emissions of wet lime from lime mud tanks, lime mud washers, lime 

mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks.

B64 Emissions of wet lime from lime mud tanks, lime mud washers, lime 

mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks.

37.

Natural gas pressure regulator vents, excluding venting at oil and gas 

production facilities.

B27 Natural gas pressure regulator vents, excluding venting at oil and gas 

production facilities. 

B76 The following natural gas and oil exploration production site 

equipment: separators, dehydration units, natural gas fired compressors, 

and pumping units. This does not include compressors located on natural 

gas transmission pipelines.
Page 34 of 110

A B

WAC 173-400(4) de minimis emission 

units

 (xxxiii) Solvent cleaners less than 10 

square feet air-vapor interface with solvent 

vapor pressure not more than 30 mm 

mercury at 21°C where no toxic air 

pollutants as listed under chapter 173-460 

WAC are emitted;

 (xxxiv) Surface coating, aqueous solution 

or suspension containing ≤ 1% (by weight) 

VOCs, or ≤ 1% (by weight) toxic air 

pollutants as listed in chapter 173-460 WAC;

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.2(39) Solvent metal cleaning processes:

(i) Cold cleaning degreasers with an open surface area of 11 square feet or 

less and an internal volume of 93 gallons or less or, having an organic 

solvent loss of 3 gallons per day or less.

(ii) Cold cleaning degreasers that use a solvent with a VOC content of five 

percent or less by weight, unless subject to the requirements in 40 CFR 63, 

subpart T.

(iii) Conveyorized degreasers with an air/vapor interface smaller than 22 

square feet (2.0 m2), unless subject to the requirements in 40 CFR 63, 

subpart T.

(iv) Open-top vapor degreasers with an open-top area smaller than 11 

square feet (1.0 m2), unless subject to the requirements in 40 CFR 63, 

subpart T.

3.3(47) Degreasing units which exclusively use non-hazardous air pollutant 

acids.

3.3(48) Degreasing units which exclusively use caustics (e.g., potassium 

hydroxide and sodium hydroxide).

3.3(49) Remote reservoir parts cleaners whose use of solvent is contained 

to the immediate cleaning of the part, after which time the solvent is 

drained through a drain opening, not to exceed 16 square inches, and is 

returned to a remote reservoir containing the solvent.

3.3(50) Cold cleaning degreasers that use a solvent with a VOC content of 

five percent or less by weight.

3.3(51) Cold cleaning degreasers with an internal volume less than or equal 

to two gallons.

3.2(17) Surface coating and related operations which use less than 25 

gallons per month of coating materials (paints) and cleaning solvents, 

combined, subject to the following:

(i) the facility is located outside of any severe ozone nonattainment area; 

and

(ii) all abrasive cleaning and surface coating operations are performed in an 

enclosed building where such operations are exhausted into appropriate 

emission control devices.
Page 35 of 110

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WAC 173-400(4) de minimis emission 

units

 (xxxv) Cleaning and stripping activities 

and equipment using solutions having ≤ 1% 

VOCs (by weight) or ≤ 1% (by weight) toxic 

air pollutants. Acid solutions used on 

metallic substances are not exempt;

 (xxxvi) Dip coating operations, using 

materials less than 1% VOCs (by weight) or 

≤ 1% (by weight) toxic air pollutants as 

listed in chapter 173-460 WAC.

 (xxxvii) Abrasive blasting performed 

inside a booth or hangar designed to 

capture the blast grit or overspray.

 (xxxviii) For structures or items too large 

to be reasonably handled indoors, abrasive 

blasting performed outdoors that employs 

control measures such as curtailment 

during windy periods and enclosure of the 

area being blasted with tarps and uses 

either steel shot or an abrasive containing 

less than one percent (by mass) which 

would pass through a No. 200 sieve.

 (xxxix) Stationary emergency internal 

combustion engines with an aggregate 

brake horsepower that is less than or equal 

to 500 brake horsepower.

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.2(18) Abrasive cleaning operations which exhaust to an appropriate 

emission control device.

21. Emergency electrical generators at residential locations. 3.2(3) Stationary or portable internal combustion engines which meet the 

following criteria:

(i) are diesel or natural gas powered, and located within any severe ozone 

nonattainment area, and have maximum mechanical power rating of less 

than 200 brake horsepower; or

(ii) are diesel or natural gas powered, and located outside of any severe 

ozone nonattainment areas, and have maximum mechanical power rating 

of less than 400 brake horsepower; or

(iii)are gasoline powered and have a maximum mechanical power rating of 

less than 50 brake horsepower.

3.2(4) Stationary or portable internal combustion engines which are 

temporarily located at a facility for a period not to exceed 30 days per 

calendar year, where the total combined maximum mechanical power 

rating for all affected units is less than 1,000 brake horsepower.

3.2(5) Gas turbines with a heat input at peak load less than 10 million Btu 

per hour.

3.2(6) Emergency power generating stationary internal combustion engines 

as defined in 200.1(cq) and engine test cells at engine manufacturing 

facilities that are utilized for research and development, reliability 

performance testing, or quality assurance performance testing.

A12 Emergency use generators, boilers, or other fuel burning equipment 

that is of equal or smaller capacity than the primary operating unit, cannot 

be used in conjunction with the primary operating unit, and does not emit 

or have the potential to emit regulated air pollutants in excess of the 

primary operating unit and not operated more than 90 days a year. 

B10. Emergency (backup) electrical generators at residential locations.
Page 36 of 110

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WAC 173-400(4) de minimis emission 

units

 (xl) Gasoline dispensing facilities with 

annual gasoline throughputs less than those 

specified in WAC 173-491-040 (4)(a). 

Gasoline dispensing facilities subject to 

chapter 173-491 WAC are exempt from 

toxic air pollutant analysis pursuant to 

chapter 173-460 WAC.

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.2(16) Gasoline dispensing sites with an annual throughput less than 

120,000 gallons located outside any severe ozone non-attainment areas.

1. Air compressorsandpneumatically-operatedequipment, including hand 

tools; instrument air systems (excluding fuel-fired compressors); emissions 

from pneumatic starters on reciprocating engines, turbines or other 

equipment; and periodic use of air for cleanup (excluding all sandblasting 

activities).

3.2 sections (9) Equipment used exclusively to slaughter animals, but not 

including other equipment at slaughterhouses, such as rendering cookers, 

boilers, heating plants, incinerators, and electrical power generating 

equipment. (10) Flour silos at bakeries, provided all such 

silos are exhausted through an appropriate emission control device.

(11) Emissions from flavorings added to a food product where such flavors 

are manually added to the product. (12) Screen printing 

inks/coatings or adhesives which are applied by a hand-held squeegee. A 

hand-held squeegee is one that is not propelled through the use of 

mechanical conveyance and is not an integral part of the screen printing 

process.

(13) Graphic arts processes at facilities located outside a severe ozone 

nonattainment area with facility-wide total emissions of volatile organic 

compounds from ink, coating, adhesive, fountain solution and cleaning 

solution less than three tons per year on a 12-month rolling basis.

(14) Graphic label and/or box labeling operations where the inks are 

applied by stamping or rolling.

(15) Graphic arts processes which are specifically exempted from regulation 

under Part 234 of this Title, with respect to emissions of volatile organic 

compounds which are not given an A rating.

A6. Non commercial water washing operations of empty drums less than or 

equal to 55 gallons with less than three percent of the maximum container 

volume of material.

A7. Welding or cutting equipment related to manufacturing activities that 

do not result in aggregate emissions of HAPS in excess of 0.1 tpy. 

A11. Operation of groundwater remediation wells, including emissions 

from the pumps and collection activities provided that the emissions are 

less than 10 tpy of any pollutant regulated under this regulation or less 

than 2 tpy of a single HAP or 5 tpy of any combination of HAPs. This does 

not include emissions from air-stripping or storage.

A13. Other activities for which the facility demonstrates that no 

enforceable permit conditions are necessary to insure compliance with any 

applicable law or regulation provided that the emissions are less than 5 tpy 

of any pollutant regulated under this regulation or less than 1 tpy of a 

single HAP or 2.5 tpy of any combination of HAPs. These emission limits 

apply to the sum of all activities listed under this group.

6. Batteries and battery charging stations, except at battery manufacturing 

plants.

3.2(20) Ventilating systems for landfill gases, where the systems are vented 

directly to the atmosphere, and the ventilating system has been required 

by, and is operating under, the conditions of a valid Part 360 permit, or 

order on consent; (27) Storage silos storing 

solid materials, provided all such silos are exhausted through an 

appropriate emission control device. (29) 

all processing equipment at sand and gravel mines or quarries that:

(i) are permanent or fixed installations with a maximum rated processing 

capacity of 25 tons of minerals per hour or less; or (ii) are mobile (portable) 

installations with a maximum rated processing capacity of 150 tons of 

minerals per hour or less.

(30) Mobile (portable) stone crushers with maximum rated capacities 

below 150 tons of minerals per hour which are located at non-metallic 

mineral processing operations.

B1. Combustion emissions from propulsion of mobile sources and 

emissions from refueling these sources unless regulated by Title I1 and 

required to obtain a permit under Title V of the federal Clean Air Act, as 

amended. This does not include emissions from any transportable units, 

such as temporary compressors or boilers. This does not include emissions 

from loading racks or fueling operations covered under any applicable 

federal requirements.

B4. Non-commercial food preparation or food preparation at restaurants, 

cafeterias, or caterers, etc.

B5. Consumer use of office equipment and products, not including 

commercial printers or business primarily involved in photographic 

reproduction.

B7. Internal combustion engines used for landscaping purposes.
Page 37 of 110

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WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

11. CO2 lasers, used only in metals and other materials which do not emit 

any hazardous air pollutants in the process.

3.2(31) Surface coating operations which are specifically exempted from 

regulation under Part 228 of this Title, with respect to emissions of volatile 

organic compounds which are not given an A rating.

(32) Pharmaceutical tablet branding operations.

(33) Thermal packaging operations, including but not limited to, therimage 

labeling, blister packing, shrink wrapping, shrink banding, and carton 

gluing;

(34) Powder coating operations.

(35) All tumblers used for the cleaning and/or deburring of metal products 

without abrasive blasting.

(36) Presses used exclusively for molding or extruding plastics except where 

halogenated carbon compounds or hydrocarbon solvents are used as 

foaming agents.

(37) Concrete batch plants where the cement weigh hopper and all bulk 

storage silos are exhausted through fabric filters, and the batch drop point 

is controlled by a shroud or other emission control device.

(38) Cement storage operations where materials are transported by screw 

or bucket conveyors.

B16 Portable electrical generators that can be "moved by hand" from one 

location to another B17 Hand-held equipment for 

buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining 

wood, metal, or plastic.

B18 Brazing or soldering equipment related to manufacturing activities that 

do not result in emission of HAPS.

B19 Air compressors and pneumatically operated equipment, including 

hand tools. 

B20 Batteries and battery charging stations, except at battery 

manufacturing plants. B25 Equipment 

used exclusively to slaughter animals, but not including other equipment at 

slaughter-houses, such as rendering cookers, boilers, heating plants, 

incinerators, and electrical power generating equipment.

12. Combustion emissions from propulsion of mobile sources. 3.2(41) Exhaust or ventilating systems for the melting of gold, silver, 

platinum and other precious metals.

(42) Exhaust systems for paint mixing, transfer, filling or sampling and/or 

paint storage rooms or cabinets, provided the paints stored within these 

locations are stored in closed containers when not in use.

(43) Exhaust systems for solvent transfer, filling or sampling, and/or solvent 

storage rooms provided the solvent stored within these locations are 

stored in closed containers when not in use.

(44) Research and development activities, including both stand-alone and 

activities within a major stationary source, until such time as the 

administrator completes a rule making to determine how the permitting 

program should be structured for these activities.

(45) The application of odor counteractants and/or neutralizers.

B28 Hand-held applicator equipment for hot melt adhesives with no VOCs 

in the adhesive.

B29 Lasers used only on metals and other materials which do not emit 

HAPS in the process.

B30 Consumer use of paper trimmers/binders.

B31 Electric or steam-heated drying ovens and autoclaves, but not the 

emissions from the articles or substances being processed in the ovens or 

autoclaves or the boilers delivering the steam.

B32 Salt baths using non-volatile salts that do not result in emissions of any 

air pollutant covered by this regulation.

B33 Laser trimmers using dust collection to prevent fugitive emissions.
Page 38 of 110

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WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

3.3(1) Boiler water treatment operations. (5) Exhaust systems for the 

storage of portable containers, drums, and bags of chemicals in rooms, 

buildings and warehouses, subject to the following:

B40 Fugitive emissions related to movement of passenger vehicles, 

provided the emissions are not counted for applicability purposes and any 

required fugitive dust control plan or its equivalent is submitted.

B44 Emissions from storage or use of water treatment chemicals, except for 

hazardous air pollutants or pollutants listed under regulations promulgated 

pursuant to Section 112(r) of the Act, for use in cooling towers, drinking 

water systems, and boiler waterlfeed systems.

17. Equipment used exclusively for pressing, drawing or stamping of 

metals, excluding emissions due to quenching activities or supporting 

equipment.

Commercial - Food Service Industries 3.3(15) Emissions from process, 

exhaust or ventilating systems in bakeries and restaurants which derive 

over 50 percent of their revenues from retail sales on premises.

(16) Non-conveyorized bakery ovens (this includes batch ovens, which are 

defined as a non-conveyor belt oven operating a single baking cycle in 

which a determinate amount of product is cooked at one baking).

(17) Bakery ovens used exclusively to produce baked goods leavened 

chemically in the absence of yeast.

(18) Process or exhaust or ventilating systems involved in the preparation 

of food, food blanching or cooking in water.

(19) Process, exhaust or ventilating systems or stationary combustion 

installations exclusively involved in the production of maple syrup.

B49 Steam vents and safety relief valves.

B50 Steam leaks.

B51 Steam cleaning operations.

B52 Steam and microwave sterilizers.

B53 Site assessment work to characterize waste disposal or remediation 

sites.

B54 Miscellaneous additions or upgrades of instrumentation.

B55 Emissions from combustion controllers or combustion shutoff devices 

but not combustion units itself.

B58 Emissions from equipment lubricating systems (i.e. oil mist), not 

including storage tanks, unless otherwise exempt.

B59 Residential wood heaters, cookstoves, or fireplaces.

B61 Log wetting areas and log flumes.

B62 Periodic use of pressurized air for cleanup.

B63 Solid waste dumpsters.
Page 39 of 110

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WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

18. Emissions from die-casting machinery, excluding emissions from melt 

furnaces or other associated processes.

Commercial - Graphic Arts 3.3(20) Lead melting pots used in printing 

establishments.

(21) Blueprint machines.

(22) Photocopying, photographic processing or related equipment.

(23) Proof press operations.

(24) Heat sealing operations which are used to seal and separate 

polyethylene and polypropylene bags.

Commercial - Other

(25) Batch process kilns used for firing ceramic ware, subject to the 

following:

(i) the exhaust stream does not contain emissions of fluorides, lead, 

and/or beryllium; and

(ii) the total heat input is less than one million Btu/hr.

B65 Natural gas odoring activities unless the Department determines that 

emissions constitute air pollution.

B66 Emissions from engine crankcase vents. 

B67 Storage tanks used for the temporary containment of materials 

resulting from an emergency reporting to an unanticipated release.

B68 Equipment used exclusively to mill or grind coatings in roll grinding 

rebuilding, and molding compounds where all materials charged are in 

paste form.

B69 Mixers, blenders, roll mills, or calendars for rubber or plastic for which 

no materials in powder form are added and in which no organic solvents, 

diluents, or thinners are used.

B70 The storage, handling, and handling equipment for bark and wood 

residues not subject to fugitive dispersion offsite (this applies to the 

equipment only).

20. Electric or steam-heated drying ovens, autoclaves or steam sterilizers, 

excluding the emissions from the articles or substances being processed in 

the ovens or autoclaves or the boilers delivering the steam. 

3.3(27) Air stripping processes utilized on public drinking water supplies.

(28) Air strippers and soil vents used to remediate gasoline spills, where the 

air stripper or soil vent is located at a State-funded site, or required under 

the provisions of an order on consent or stipulation agreement, and the 

operation of the air strippers or soil vents are conducted under the 

supervision of the department and are properly controlled as required by 

the department.

(29) Air strippers and soil vents required under the provisions of an order 

on consent or stipulation agreement, or in operation at a superfund site.

(30) Air strippers and soil vents operating for test purposes to qualify and 

quantify air emissions for remediation projects and for a time period 

acceptable to the regional air pollution control engineer.

(31) Emissions from the storage and application of road salt (calcium 

chloride or sodium chloride).

(33) Emergency relief vents, stacks and ventilating systems except any with 

the potential to emit vinyl chloride located at a facility where ethylene 

dichloride, vinyl chloride and/or polyvinyl chloride are produced.

(34) Snow plowing, street sweeping, sanding and ashing of streets and 

roads to abate traffic hazards.

B72 Tall oil soap storage, skimming, and loading.

B73 Water heaters used strictly for domestic (non-process) purposes.

B74 Facility roads and parking areas, unless necessary to control offsite 

fugitive emissions.
Page 40 of 110

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WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

24. Emissions from food preparation at restaurants and cafeterias. 3.3(36) Road and lot paving and striping operations.

(37) Public or private roadways, parking lots.

(38) Manhole covers.

(39) Sewers.

(40) Storm drains and vents.

(41) Solid waste dumpsters, including handling equipment and associated 

activities.

(42) Excavation for the repair of underground utility lines such as water, 

electric, or natural gas.

(43) Asbestos demolition and removal work subject to 40 CFR part 61, 

subpart M and/or 12 NYCRR Part 56.

(46) Excavation for new construction.

25. Equipment used exclusively to slaughter animals, excluding other 

equipment at slaughterhouses, such as rending cookers, boilers, heating 

plants, incinerators and electrical power generating equipment.

3.3(52) Hand-held or manually operated equipment used for buffing, 

polishing, carving, cutting, drilling, machining, routing, sanding, sawing, 

surface grinding or turning ceramic art work, ceramic precision parts, 

leather, metal parts, plastics, fiberboard, fiberglass, masonry, carbon, glass, 

graphite, wood or rubber.

(53) Manual surface coating/painting processes which exclusively use 

brushes, rollers, or aerosol cans.

(54) Hand-held or manually operated welding, brazing and soldering 

equipment.

(55) Acetylene, butane, and propane torches.

(57) Equipment lubricating systems, including metal cutting coolants and 

oils.

(58) Pneumatic starters used to start reciprocating engines, turbines, and 

other equipment.

(59) Instrument air systems, excluding fuel-fired compressors.

(60) Air vents from air compressors and pneumatically operated equipment 

emitting ambient air.

(61) Drum washing operations, where such operations are necessary to 

meet Resource Conservation and Recovery Act (RCRA) standards.

(62) Vacuum producing devices where only ambient air and the oil 

emissions from the vacuum producing mechanism itself are exhausted.
Page 41 of 110

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WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

30. Hand-held applicator equipment for hot melt adhesives with no VOCs 

or hazardous air pollutants in the adhesive formulation. 31. Hand-held 

equipment for buffing, polishing, cutting, drilling, sawing,grinding, turning 

or machining wood, metal or plastic.

3.3(63) Woodworking operations where no surface coating takes place, 

provided such operations exhaust to a sawdust collection system controlled 

by an appropriate emission control device.

(64) Sawmills, provided all processes are located at least 500 feet from any 

recreational area, school, or private residence and all residues from 

debarking, planing, sawing, etc., are contained in such a manner as to 

minimize fugitive emissions.

34. Mobile internal combustion engines used for landscaping purposes. 

35.

Laser trimmers using dust collection to prevent fugitive emissions.

3.3(71) Fecal incinerators with a charging rate not exceeding 10 pounds per 

hour, such as those used on certain vehicles or other special cases.

(72) Paint mixing operations located at retail paint, hardware or 

department stores where the paint is sold in five gallon or smaller 

containers.

(73) Rifle and pistol ranges.

(74) Aircraft de-icing operations.

(76) Emissions from natural gas odoring activities.

(77) Battery charging areas except those located at battery manufacturing 

plants.

(78) Incubators.

(79) The venting of compressed natural gas, butane or propane gas 

cylinders.

(80) Coal car thaw-pit burners.

(81) Consumer use of office equipment and products, not including printers 

or businesses primarily involved in photographic reproductions.

(82) Consumer use of paper trimmers/binders.

(84) Carbon dioxide lasers, used only on metals and other materials which 

do not emit hazardous air pollutants in the process.

(85) Laser trimmers using appropriate emission control devices.

41. Portable electrical generators that can be moved by hand from one 

location to another. “Moved by hand” means that it can be moved without 

the assistance of any motorized or nonmotorized vehicle, conveyance or 

device.

3.3(87) Shock chambers. (92) Steam leaks.

(93) Steam vents.

(94) Emissions of the following pollutants: water vapor, oxygen, carbon 

dioxide, nitrogen, inert gases such as argon, helium, neon, krypton and 

xenon, hydrogen, simple asphyxiants including methane and propane, trace 

constituents included in raw materials or byproducts, where the 

constituents are less than 1 percent by weight for any regulated air 

pollutant, or 0.1 percent by weight for any carcinogen listed by the United 

States Department of Health and Human Services' Seventh Annual Report 

on Carcinogens (1994).
Page 42 of 110

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WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting

43. Salt baths using nonvolatile salts that do not result in emissions of any 

regulated air pollutants.

44. Shock chambers.

46. Steam cleaning operations, excluding hazardous air pollutant 

emissions. 47.

Steam leaks.

48.

Steam vents and safety relief valves, provided that such valves shall be 

included in any permit application that may otherwise be required under 

this rule.

52. Operation of groundwater remediation wells, including emissions from 

the pumps and collection activities. This does not include emissions from 

air-stripping treatment or storage. 53.

Log wetting areas that are using only water.

54.

Log flumes.

55.

The storage, handling and handling equipment for bark and wood dust not 

subject to 45CSR7.

56.

Solid waste dumpsters.

 59.

A source that is not major that emits only nonprocessed fugitive emissions 

(other than haul roads).
Page 43 of 110

A B

WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting
Page 44 of 110

A B

WAC 173-400(4) de minimis emission 

units

G H I

West Virginia, Title 45 Series 13, Table 45-13B See 

defintion 2.6 "de minimis source" for criteria and 

treatment of these sources

NewYork , Subpart 201-3: Exempt and Trivial Activities Arkansas, Chapter Minor New Source Review, Reg. 

19.408 Exemption from Permitting
Page 45 of 110

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 (a) Maintenance/construction:

 (i) Cleaning and sweeping of streets and 

paved surfaces;

 (ii) Concrete application, and installation;

 (iii) Dredging wet spoils handling and 

placement;

 (iv) Paving application and maintenance. 

This provision does not exempt asphalt 

plants from this chapter;

Appendix E: Comparison of emission units and rates exempt from permitting in Washington,some other states, and the EPA Tribal NSR rule.

WAC 173-400(4) de minimis emission 

units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

References to 20.2.72.202, Exemptions Exemptions are in Section 2(k)
Page 46 of 110

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WAC 173-400(4) de minimis emission 

units

 (v) Plant maintenance and upkeep 

activities (grounds keeping, general repairs, 

house keeping, plant painting, welding, 

cutting, brazing, soldering, plumbing, 

retarring roofs, etc.);

 (vi) Plumbing installation, plumbing 

protective coating application and 

maintenance activities;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

A.(1) Activities which 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 

roofing operations;

A(2) Activities for maintenance of equipment or pollution control 

equipment, either inside or outside of a building, including cutting, welding, 

and grinding, but excluding painting;

p. Brazing, soldering or welding equipment or portable cutting torches used 

only for nonproduction activities.
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WAC 173-400(4) de minimis emission 

units

 (vii) Roofing application and 

maintenance;

 (viii) Insulation application and 

maintenance;

 (ix) Janitorial services and consumer use 

of janitorial products;

 (x) Construction activities that do not 

result in new or modified stationary sources 

or portable stationary sources.

 (b) Storage tanks:

 (i) Lubricating oil storage tanks. This 

provision does not exempt wholesale 

distributors of lubricating oils from this 

chapter;

 (ii) Polymer tanks and storage devices 

and associated pumping and handling 

equipment, used for solids dewatering and 

flocculation;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

i. Construction, modification or alteration to equipment which will not 

result in a net emissions increase (as defined in 22.5(1)Af@) of more than 

1.0 lb/hr of any regulated air pollutant (as defined in 22.100(455B)). 

Emission reduction achieved through the installation of control equipment, 

for which a construction permit has not been

m. Storage tanks with a capacity of less than 19,812 gallons and an annual 

throughput of less than 200,000 gallons.
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WAC 173-400(4) de minimis emission 

units

 (iii) Storage tanks, reservoirs, pumping 

and handling equipment of any size 

containing soaps, vegetable oil, grease, 

animal fat, and nonvolatile aqueous salt 

solutions;

 (iv) Process and white water storage 

tanks;

 (v) Operation, loading and unloading of 

storage tanks and storage vessels, with lids 

or other appropriate closure and less than 

260-gallon capacity (35 cubic feet);

 (vi) Operation, loading and unloading of 

storage tanks, ≤ 1100 gallon capacity, with 

lids or other appropriate closure, not for 

use with materials containing toxic air 

pollutants, as listed in chapter 173-460 

WAC, max. VP 550 mm mercury at 21°C;

 (vii) Operation, loading and unloading 

storage of butane, propane, or liquefied 

petroleum gas with a vessel capacity less 

than 40,000 gallons;

 (viii) Tanks, vessels and pumping 

equipment, with lids or other appropriate 

closure for storage or dispensing of 

aqueous solutions of inorganic salts, bases 

and acids.

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

t. Any container, storage tank, or vessel that contains a fluid having a 

maximum true vapor pressure of less than 0.75 psia. AMaximum true vapor 

pressure@ means the equilibrium partial pressure of the material 

considering: $ For material stored at ambient temperature, the maximum 

monthly average temperature as reported by the National Weather Service, 

or

$ For material stored above or below the ambient temperature, the 

temperature equal to the highest calendar-month average of the material 

storage temperature.
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WAC 173-400(4) de minimis emission 

units

 (i) ≤ 500,000 Btu/hr using coal with ≤ 

0.5% sulfur or other solid fuels with ≤ 0.5% 

sulfur;

 (ii) ≤ 500,000 Btu/hr using used oil, per 

the requirements of RCW 70.94.610;

 (iii) ≤ 400,000 Btu/hr using wood waste 

or paper;

 (iv) ≤ 1,000,000 Btu/hr using gasoline, 

kerosene, #1, or #2 fuel oil and with ≤0.05% 

sulfur;

 (c) New or modified emission units with combined 

aggregate heat inputs to combustion units (excluding 

emergency engines exempted by subsection 

(4)(h)(xxxix) of this section), less than or equal to all of 

the following, as applicable:

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

b. Fuel-burning equipment for indirect heating or cooling with a capacity of 

less than one million Btu per hour input per combustion unit when burning 

coal, untreated wood, untreated seeds or pellets, other untreated 

vegetative materials, or fuel oil. Used oils meeting the specification from 40 

CFR 279.11 as amended through May 3, 1993, are acceptable fuels for this 

exemption.

b. Fuel-burning equipment for indirect heating or cooling with a capacity of 

less than one million Btu per hour input per combustion unit when burning 

coal, untreated wood, untreated seeds or pellets, other untreated 

vegetative materials, or fuel oil. Used oils meeting the specification from 40 

CFR 279.11 as amended through May 3, 1993, are acceptable fuels for this 

exemption.
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WAC 173-400(4) de minimis emission 

units

 (v) ≤ 4,000,000 Btu/hr using natural gas, 

propane, or LPG.

 (d) Material handling:

 (i) Continuous digester chip feeders;

 (ii) Grain elevators not licensed as 

warehouses or dealers by either the 

Washington state department of agriculture 

or the U.S. Department of Agriculture;

 (iii) Storage and handling of water based 

lubricants for metal working where organic 

content of the lubricant is ≤ 10%;

 (iv) Equipment used exclusively to pump, 

load, unload, or store high boiling point 

organic material in tanks less than one 

million gallon, material with initial 

atmospheric boiling point not less than 

150°C or vapor pressure not more than 5 

mm mercury at 21°C, with lids or other 

appropriate closure.

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

(iii) Fuel burning equipment other than a smokehouse generator which 

has a heat input of not more than 25 million BTU per hour (6.25 billion gmcal/hr) and burns only gaseous fuel containing not more than 20 grains 

total sulfur per 100 std. ft3; has a heat input of not more than 10 million 

BTU/hr (2.5 billion gm-cal/hr) and burns any other fuel.

a. Fuel-burning equipment for indirect heating and reheating furnaces or 

cooling units using natural gas or liquefied petroleum gas with a capacity of 

less than ten million Btu per hour input per combustion unit.
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WAC 173-400(4) de minimis emission 

units

 (e) Water treatment:

 (i) Septic sewer systems, not including 

active wastewater treatment facilities;

 (ii) NPDES permitted ponds and lagoons 

used solely for the purpose of settling 

suspended solids and skimming of oil and 

grease;

 (iii) De-aeration (oxygen scavenging) of 

water where toxic air pollutants as defined 

in chapter 173-460 WAC are not emitted;

 (iv) Process water filtration system and 

demineralizer vents;

 (v) Sewer manholes, junction boxes, 

sumps and lift stations associated with 

wastewater treatment systems;

 (vi) Demineralizer tanks;

 (vii) Alum tanks;

 (viii) Clean water condensate tanks.

 (f) Environmental chambers and laboratory equipment:

 (i) Environmental chambers and humidity 

chambers using only gases that are not toxic 

air pollutants listed in chapter 173-460 

WAC;

 (ii) Gas cabinets using only gases that are 

not toxic air pollutants regulated under 

chapter 173-460 WAC;

 (iii) Installation or modification of a single 

laboratory fume hood;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

h. Equipment (other than anaerobic lagoons) or control equipment which 

emits odors unless such equipment or control equipment also emits 

particulate matter, or any other regulated air contaminant (as defined in 

22.100(455B)).

h. Equipment (other than anaerobic lagoons) or control equipment which 

emits odors unless such equipment or control equipment also emits 

particulate matter, or any other regulated air contaminant (as defined in 

22.100(455B)).
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WAC 173-400(4) de minimis emission 

units

 (iv) Laboratory research, 

experimentation, analysis and testing at 

sources whose primary purpose and activity 

is research or education. To be exempt, 

these sources must not engage in the 

production of products, or in providing 

commercial services, for sale or exchange 

for commercial profit except in a de minimis 

manner. Pilot-plants or pilot scale processes 

at these sources are not exempt.

 (v) Laboratory calibration and 

maintenance equipment.

 (g) Monitoring/quality assurance/testing:

 (i) Equipment and instrumentation used 

for quality control/assurance or inspection 

purpose;

 (ii) Hydraulic and hydrostatic testing 

equipment;

 (iii) Sample gathering, preparation and 

management;

 (iv) Vents from emission monitors and 

other analyzers.

 (h) Miscellaneous:

 (i) Single-family residences and duplexes;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

s. Equipment that is not related to the production of goods or services and 

used exclusively for academic purposes, located at educational institutions 

(as defined in Iowa Code section 455B.161). The equipment covered under 

this exemption is limited to: lab hoods, art class equipment, wood shop 

equipment in classrooms, wood fired pottery kilns, and fuel-burning units 

with a capacity of less than one million Btu per hour l. The equipment in 

laboratories used exclusively for nonproduction chemical and physical 

analyses. Nonproduction analyses means analyses incidental to the 

production of a good or service and includes analyses conducted for quality 

assurance or quality control activities, or for the assessment of 

environmental impact.

(v) Laboratory equipment used exclusively for chemical or physical 

analyses.

l. The equipment in laboratories used exclusively for nonproduction 

chemical and physical analyses. Nonproduction analyses means analyses 

incidental to the production of a good or service and includes analyses 

conducted for quality assurance or quality control activities, or for the 

assessment of environmental impact.

(10) Gases used to calibrate plant instrumentation, including continuous 

emission monitoring (CEM) systems;

(i) The installation or alteration of an air pollutant detector, air pollutants 

recorder, combustion controller, or combustion shutoff.

j. Residential heaters, cookstoves, or fireplaces, which burn untreated 

wood, untreated seeds or pellets, or other untreated vegetative materials.
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WAC 173-400(4) de minimis emission 

units

 (ii) Plastic pipe welding;

 (iii) Primary agricultural production 

activities including soil preparation, 

planting, fertilizing, weed and pest control, 

and harvesting;

 (iv) Comfort air conditioning;

 (v) Flares used to indicate danger to the 

public;

 (vi) Natural and forced air vents and 

stacks for bathroom/toilet activities;

 (vii) Personal care activities;

 (viii) Recreational fireplaces including the 

use of barbecues, campfires, and 

ceremonial fires;

 (ix) Tobacco smoking rooms and areas;

 (x) Noncommercial smokehouses;

 (xi) Blacksmith forges for single forges;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

d. Equipment used for cultivating land, harvesting crops, or raising livestock 

other than anaerobic lagoons. This

exemption is not applicable if the equipment is used to remove substances 

from grain which were applied to the grain by another person. This 

exemption is also not applicable to equipment used by a person to 

manufacture commercial feed, as defined in Iowa Code section 198.3, 

which is normally not fed to livestock, owned by the person or another 

person, in a feedlot, as defined in Iowa Code section 172D.1, subsection 6, 

or a confinementbuilding owned or operated by that person and located in 

this state.

(ii) Air conditioning or ventilating systems not designed to remove air 

pollutants generated by or released from equipment.

q. Cooling and ventilating equipment: Comfort air conditioning not 

designed or used to remove air contaminants generated by, or released 

from, specific units of equipment.

n. Stack or vents to prevent escape of sewer gases through plumbing traps. 

Systems which include any industrial waste are not exempt.

(9) Residential activities such as use of fireplaces, woodstoves, and 

barbecue cookers;
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units

 (xii) Vehicle maintenance activities, not 

including vehicle surface coating;

 (xiii) Vehicle or equipment washing (see 

(c) of this subsection for threshold for 

boilers);

 (xiv) Wax application;

 (xv) Oxygen, nitrogen, or rare gas 

extraction and liquefaction equipment not 

including internal and external combustion 

equipment;

 (xvi) Ozone generators and ozonation 

equipment;

 (xvii) Solar simulators;

 (xviii) Ultraviolet curing processes, to the 

extent that toxic air pollutant gases as 

defined in chapter 173-460 WAC are not 

emitted;

 (xix) Electrical circuit breakers, 

transformers, or switching equipment 

installation or operation;

 (xx) Pulse capacitors;

 (xxi) Pneumatically operated equipment, 

including tools and hand held applicator 

equipment for hot melt adhesives;

 (xxii) Fire suppression equipment;

 (xxiii) Recovery boiler blow-down tank;

 (xxiv) Screw press vents;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

(12) Automotive repair shop activities, except painting and use of solvents;

(4) Use of fire fighting equipment and fire fighting training;
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units

 (xxv) Drop hammers or hydraulic presses 

for forging or metal working;

 (xxvi) Production of foundry sand molds, 

unheated and using binders less than 0.25% 

free phenol by sand weight;

 (xxvii) Kraft lime mud storage tanks and 

process vessels;

 (xxviii) Lime grits washers, filters and 

handling;

 (xxix) Lime mud filtrate tanks;

 (xxx) Lime mud water;

 (xxxi) Stock cleaning and pressurized pulp 

washing down process of the brown stock 

washer;

 (xxxii) Natural gas pressure regulator 

vents, excluding venting at oil and gas 

production facilities and transportation 

marketing facilities;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
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units

 (xxxiii) Solvent cleaners less than 10 

square feet air-vapor interface with solvent 

vapor pressure not more than 30 mm 

mercury at 21°C where no toxic air 

pollutants as listed under chapter 173-460 

WAC are emitted;

 (xxxiv) Surface coating, aqueous solution 

or suspension containing ≤ 1% (by weight) 

VOCs, or ≤ 1% (by weight) toxic air 

pollutants as listed in chapter 173-460 WAC;

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
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units

 (xxxv) Cleaning and stripping activities 

and equipment using solutions having ≤ 1% 

VOCs (by weight) or ≤ 1% (by weight) toxic 

air pollutants. Acid solutions used on 

metallic substances are not exempt;

 (xxxvi) Dip coating operations, using 

materials less than 1% VOCs (by weight) or 

≤ 1% (by weight) toxic air pollutants as 

listed in chapter 173-460 WAC.

 (xxxvii) Abrasive blasting performed 

inside a booth or hangar designed to 

capture the blast grit or overspray.

 (xxxviii) For structures or items too large 

to be reasonably handled indoors, abrasive 

blasting performed outdoors that employs 

control measures such as curtailment 

during windy periods and enclosure of the 

area being blasted with tarps and uses 

either steel shot or an abrasive containing 

less than one percent (by mass) which 

would pass through a No. 200 sieve.

 (xxxix) Stationary emergency internal 

combustion engines with an aggregate 

brake horsepower that is less than or equal 

to 500 brake horsepower.

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

r. An internal combustion engine with a brake horsepower rating of less 

than 400 measured at the shaft, provided that the owner or operator meets 

all of the conditions in this paragraph. For the purposes of this exemption, 

the manufacturer=s nameplate rated capacity at full load shall be defined 

as the brake horsepower output at the shaft. The owner or operator of an 

engine that was manufactured, ordered, modified or reconstructed after 

March 18, 2009, may use this exemption only if the owner or operator, 

prior to installing, modifying or reconstructing the engine, submits to the 

department a completed registration, on forms provided by the 

department, certifying that the engine is in compliance with the following 

federal regulations: (1) New source performance standards (NSPS) for 

stationary compression ignition internal combustion engines (40 CFR Part 

60, Subpart IIII); or

(2) New source performance standards (NSPS) for stationary spark ignition 

internal combustion engines (40 CFR Part 60, Subpart JJJJ); and

(3) National emission standards for hazardous air pollutants (NESHAP) for 

reciprocating internal combustion engines (40 CFR Part 63, Subpart ZZZZ).

Use of this exemption does not relieve an owner or operator from any 

obligation to comply with NSPS or NESHAP requirements.
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WAC 173-400(4) de minimis emission 

units

 (xl) Gasoline dispensing facilities with 

annual gasoline throughputs less than those 

specified in WAC 173-491-040 (4)(a). 

Gasoline dispensing facilities subject to 

chapter 173-491 WAC are exempt from 

toxic air pollutant analysis pursuant to 

chapter 173-460 WAC.

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

A(3) Exhaust emissions from forklifts, courier vehicles, front end loaders, 

graders, carts, maintenance trucks, and fugitive emissions from fleet 

vehicle refueling operations, provided such emissions are not subject to 

any requirements under this Chapter (Air Quality), NSPS or NESHAP; 

A(5) Government military activities such as field exercises, explosions, 

weapons testing and

demolition to the extent that such activities:

(a) Do not result in visible emissions entering publicly accessible areas; and

(b) Are not subject to a NSPS or NESHAP;

A(6) Office activities, such as photocopying;

20.2.72 NMAC 6

A(7) Test drilling for characterization of underground storage tank and 

waste disposal sites;

A(8) Non-anthropogenic wind blown dust;

(iv) Mobile internal combustion engines. (vi) The installation of air 

pollution control equipment.

(vii) Gasoline storage tanks at retail establishments.

(viii)Such other minor sources which the Administrator determines to be 

insignificant in both emission rate and ambient air quality impact.

c. Mobile internal combustion and jet engines, marine vessels and 

locomotives.

A(11) Food service, such as cafeteria activities;

A(13) Use of portable aerospace ground equipment (such as power 

generators, compressors, heaters, air conditioners, lighting units) in direct 

support of aircraft operations and on or in the immediate vicinity of an 

airfield;

A(14) Activities which occur strictly for preventive maintenance of highway 

bridges, displays and water towers, including: grinding, cutting, welding, 

painting, and general repairs;

A(15) The act of repositioning or relocating equipment, pipes, ductwork, or 

conveyors within the plant site, but only when such change in physical 

configuration does not:

(a) Reposition or relocate any source of air emissions or the emission points 

from any such source; or

(b) Increase the amount of air emissions or the ambient impacts of such 

emissions.

e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning 

capacity of less than 25 pounds per hour. Pyrolysis cleaning furnace 

exemption is limited to those units that use only natural gas or propane. 

Salt bath units are not included in this exemption. f. Fugitive dust controls 

unless a control efficiency can be assigned to the equipment or control 

equipment.

g. Equipment or control equipment which reduces or eliminates all 

emission to the atmosphere. If a source wishes to obtain credit for emission 

reductions, a permit must be obtained for the reduction prior to the time 

the reduction is made. If a construction permit has been previously issued 

for the equipment or control equipment, all other conditions of the 

construction permit remain in effect.
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units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions

k. Asbestos demolition and renovation projects subject to 40 CFR 61.145 as 

amended through January 16, 1991. o. A nonproduction surface coating 

process that uses only hand-held aerosol spray cans. p. Brazing, 

soldering or welding equipment or portable cutting torches used only for 

nonproduction activities. u. Equipment for carving, cutting, routing, 

turning, drilling, machining, sawing, surface grinding, sanding, planing, 

buffing, sandblast cleaning, shot blasting, shot peening, or polishing 

ceramic artwork, leather, metals (other than beryllium), plastics, concrete, 

rubber, paper stock, and wood or wood products, where such equipment is 

either used for nonproduction activities or exhausted inside a building.

v. Manually operated equipment, as defined in 567—22.100(455B), used 

for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, 

sawing, scarfing, surface grinding, or turning.
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units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
Page 61 of 110

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WAC 173-400(4) de minimis emission 

units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
Page 62 of 110

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units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
Page 63 of 110

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WAC 173-400(4) de minimis emission 

units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
Page 64 of 110

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WAC 173-400(4) de minimis emission 

units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
Page 65 of 110

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WAC 173-400(4) de minimis emission 

units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
Page 66 of 110

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WAC 173-400(4) de minimis emission 

units

J K L

New Mexico TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) PART 72 

CONSTRUCTION PERMITS

Wyoming Chapter 06 Section 02 Permit requirements for 

construction, modification, and operation

Iowa 22.1(2) (455B) Exemptions
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 (a) Maintenance/construction:

 (i) Cleaning and sweeping of streets and 

paved surfaces;

 (ii) Concrete application, and installation;

 (iii) Dredging wet spoils handling and 

placement;

 (iv) Paving application and maintenance. 

This provision does not exempt asphalt 

plants from this chapter;

Appendix E: Comparison of emission units and rates exempt from permitting in Washington,some other states, and the EPA Tribal NSR rule.

WAC 173-400(4) de minimis emission 

units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

The exemptions do not apply to a combination of common emissions units 

that are a major stationary source or major modification, or to emissions 

units that the nNational Emissions Standards for Hazardous Air Pollutants 

applies (except for 40 CFR Part 61, subpart M, asbestos removal activities), 

or to emissions units that the "new source Performance Standards" aplies 

(except for subpart AAA, residential wood heaters)>

Applies to all NSR actions except those requred in an operating, or actions 

subject to federally-mandated permitting requirements. Actual exemptions 

are listed in 10 CSR 10-6.061(3)(A) , and (B) Excluded Activities

(3) General Provisions. The following construction or modifications are not 

required to obtain a permit under 10 CSR 10-6.060: (A) Exempt 

Emission Units. 1. The following combustion 

equipment is exempt from 10 CSR 10-6.060 if the equipment emits only 

combustion products, and the equipment produces less than one hundred 

fifty (150) pounds per day of any air contaminant:
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WAC 173-400(4) de minimis emission 

units

 (v) Plant maintenance and upkeep 

activities (grounds keeping, general repairs, 

house keeping, plant painting, welding, 

cutting, brazing, soldering, plumbing, 

retarring roofs, etc.);

 (vi) Plumbing installation, plumbing 

protective coating application and 

maintenance activities;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(e) Maintenance, Cleaning & Housekeeping. 2. 

Routine housekeeping activities such as painting buildings, roofing or 

paving parking lots, all clerical activities and all janitorial activities.

3. Maintenance activities such as: vehicle repair shops, brazing, soldering 

and welding equipment, carpenter shops, electrical charging stations, 

grinding and polishing operations maintenance shop vents, miscellaneous 

non-production surface cleaning, preparation and painting operations.

6. Vacuum-cleaning systems used exclusively for industrial, commercial, or 

residential housekeeping purposes. 

14. Portable equipment used for the on site painting of buildings, towers, 

bridges and roads.

(hh) All Maintenance welding. (3)(B)(5)A. Plant maintenance, and upkeep activities such as routine 

cleaning, janitorial services, use of janitorial products, grounds keeping, 

general repairs, architectural or maintenance painting, welding repairs, 

plumbing, roof repair, installing insulation, using air compressors and 

pneumatically operated equipment, and paving parking lots, provided 

these activities are not conducted as part of the installation’s primary 

business activity;
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WAC 173-400(4) de minimis emission 

units

 (vii) Roofing application and 

maintenance;

 (viii) Insulation application and 

maintenance;

 (ix) Janitorial services and consumer use 

of janitorial products;

 (x) Construction activities that do not 

result in new or modified stationary sources 

or portable stationary sources.

 (b) Storage tanks:

 (i) Lubricating oil storage tanks. This 

provision does not exempt wholesale 

distributors of lubricating oils from this 

chapter;

 (ii) Polymer tanks and storage devices 

and associated pumping and handling 

equipment, used for solids dewatering and 

flocculation;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(3)(B)(5)A. Plant maintenance, and upkeep activities such as routine 

cleaning, janitorial services, use of janitorial products, grounds keeping, 

general repairs, architectural or maintenance painting, welding repairs, 

plumbing, roof repair, installing insulation, using air compressors and 

pneumatically operated equipment, and paving parking lots, provided 

these activities are not conducted as part of the installation’s primary 

business activity;

(6)(c) (l)(iii) Liquids with a capacity of less than seven houndred gallons (2)(X) The following liquid storage and loading equipment:

(I) Storage tanks and vessels having a capacity of less than five hundred 

(500) gallons; and

(II) Tanks, vessels, and pumping equipment used exclusively for the storage 

and dispensing of any aqueous solution which contains less than one 

percent (1%) by weight of organic compounds. Tanks and vessels storing 

the following materials are not exempt:

1. All petroleum liquid storage tanks storing a liquid with a true vapor 

pressure of equal to or less than 0.50 psia as stored.

7. All chemical storage tanks used to store a chemical with a true vapor 

pressure of less than or equal to 10 millimeters of mercury.

(l)(i) Inorganic liquids inlcuding water (at standard termprature and 

pressure) except as described in paragraph (A)(1)(l)(v) of this rule
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WAC 173-400(4) de minimis emission 

units

 (iii) Storage tanks, reservoirs, pumping 

and handling equipment of any size 

containing soaps, vegetable oil, grease, 

animal fat, and nonvolatile aqueous salt 

solutions;

 (iv) Process and white water storage 

tanks;

 (v) Operation, loading and unloading of 

storage tanks and storage vessels, with lids 

or other appropriate closure and less than 

260-gallon capacity (35 cubic feet);

 (vi) Operation, loading and unloading of 

storage tanks, ≤ 1100 gallon capacity, with 

lids or other appropriate closure, not for 

use with materials containing toxic air 

pollutants, as listed in chapter 173-460 

WAC, max. VP 550 mm mercury at 21°C;

 (vii) Operation, loading and unloading 

storage of butane, propane, or liquefied 

petroleum gas with a vessel capacity less 

than 40,000 gallons;

 (viii) Tanks, vessels and pumping 

equipment, with lids or other appropriate 

closure for storage or dispensing of 

aqueous solutions of inorganic salts, bases 

and acids.

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

7. All chemical storage tanks used to store a chemical with a true vapor 

pressure of less than or equal to 10 millimeters of mercury.

(dd) Vegetable oil storage tanks and pumps and valves used in vegetables 

oil processing operations (l)(i) Inorganic liquids inlcuding water 

(at standard termprature and pressure) except as described in paragraph 

(A)(1)(l)(v) of this rule

(2)Y. The following chemical processing equipment or operations:

(I) Storage tanks, reservoirs, pumping, and handling equipment, and mixing 

and packaging equipment containing or processing soaps, vegetable oil, 

grease, animal fat, and nonvolatile aqueous salt solutions, provided 

appropriate lids and covers are utilized;

6. Portable drums and barrels provided that the volume of each container 

does ot exceed 550 gal.

2. All petroleum liquid storage tanks with a capacity of less than 40,000 

gallons storing a liquid with a true vapor pressure of equal to or less than 

2.0 psia as stored. 3. All petroleum liquid storage tanks with a capcity of 

less than 10,000 gallons storing

petroleum liquid.

(l)(iv) Liquids with a capacity of less than or equal to ten thousand gallons 

equipped with submerged fill and that store organic liquids or mixtures 

containing organic liquids (excludingt pesticides) with each organic liquid 

component's vapor pressure of less than or equal to 1.5 pounds per square 

inch absolute at seventy degrees Farenheit

4. Pressurized vessels designed to operate in excess of 30 psig storing a 

petroleum fuel.

(l)(ii) presurized storage for inorganic compounds or propane, butane, 

isobutane, and liquid petroleum gases

7. All chemical storage tanks used to store a chemical with a true vapor 

pressure of less than or equal to 10 millimeters of mercury.

(l)(v) Acids (as defined in the most recent editino of the chemical rubber 

company (CRC) handbook of chemistry and physics) stored in tanks less 

than or equal to seven thousand five hunderdgallons capacity.

(2)(X)(II) Tanks, vessels, and pumping equipment used exclusively for the 

storage and dispensing of any aqueous solution which contains less than 

one percent (1%) by weight of organic compounds. Tanks and vessels 

storing the following materials are not exempt:

(a) Sulfuric or phosphoric acid with an acid strength of more than ninetynine percent (99.0%) by weight;

(b) Nitric acid with an acid strength of more than seventy percent (70.0%) 

by weight;

(c) Hydrochloric or hydrofluoric acid with an acid strength of more than 

thirty percent (30.0%) by weight; or

(d) More than one liquid phase, where the top phase contains more than 

one percent (1%) VOC by weight;
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WAC 173-400(4) de minimis emission 

units

 (i) ≤ 500,000 Btu/hr using coal with ≤ 

0.5% sulfur or other solid fuels with ≤ 0.5% 

sulfur;

 (ii) ≤ 500,000 Btu/hr using used oil, per 

the requirements of RCW 70.94.610;

 (iii) ≤ 400,000 Btu/hr using wood waste 

or paper;

 (iv) ≤ 1,000,000 Btu/hr using gasoline, 

kerosene, #1, or #2 fuel oil and with ≤0.05% 

sulfur;

 (c) New or modified emission units with combined 

aggregate heat inputs to combustion units (excluding 

emergency engines exempted by subsection 

(4)(h)(xxxix) of this section), less than or equal to all of 

the following, as applicable:

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(b) Combustion Equipment. 3. Any fuel-burning equipment 

with a rated input capacity of 2.5 million BTU's per hour or less.

(3)(A)1.B. Any combustion equipment with a capacity of less than one (1) 

million Btus per hour heat input; 

(3)(A)2. The following establishments, systems, equipment and operations 

are exempt from 10 CSR 10-6.060:

A. Office and commercial buildings, where emissions result solely from (b) Combustion Equipment. 1. Fuel-burning equipment having 

a total heat input capacity of less than 10 million BTU's per hour burning 

only natural gas, LPG and/or distillate fuel oil containing 0.50% sulfur by 

weight or less.

(b) Fossil fuel or wood fuel-fired boilers, preheaters, air heaters, or water 

heaters less than one million Brithsh thermal units per hour except units 

burning wsate fuels or waste oil.

(b) Combustion Equipment. 2. Fuel-burning equipment rated at 

less than 5 million BTU's per hour burning a wood or fossil

fuel.

(b) Fossil fuel or wood fuel-fired boilers, preheaters, air heaters, or water 

heaters less than one million Brithsh thermal units per hour except units 

burning wsate fuels or waste oil.

(b) Combustion Equipment. 1. Fuel-burning equipment having 

a total heat input capacity of less than 10 million BTU's per hour burning 

only natural gas, LPG and/or distillate fuel oil containing 0.50% sulfur by 

weight or less.

(a) Fossil fuel-fired boilers, preheaters, air heaters, water heaters, or 

heaters used for other heat exchange media less than ten million Brithsh 

thermal units per hour burning only natural gas, distillate oil (with less than 

or equal to 0.5 percent by weight sulfur), or liquid petroleum gas. 

(c) Fossil fuel-fired furnaces or dryers less than ten million Brithsh thermal 

units per hour and burning only natural gas, distillate oil (with less than or 

equal to 0.5 percent by weight sulfur), or liquid petroleum gas and the only 

emissions are from the products or combustion from fuel and water vapor 

and where no melting or refining occurs nor where any burning of any 

material occurs. 
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WAC 173-400(4) de minimis emission 

units

 (v) ≤ 4,000,000 Btu/hr using natural gas, 

propane, or LPG.

 (d) Material handling:

 (i) Continuous digester chip feeders;

 (ii) Grain elevators not licensed as 

warehouses or dealers by either the 

Washington state department of agriculture 

or the U.S. Department of Agriculture;

 (iii) Storage and handling of water based 

lubricants for metal working where organic 

content of the lubricant is ≤ 10%;

 (iv) Equipment used exclusively to pump, 

load, unload, or store high boiling point 

organic material in tanks less than one 

million gallon, material with initial 

atmospheric boiling point not less than 

150°C or vapor pressure not more than 5 

mm mercury at 21°C, with lids or other 

appropriate closure.

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(b) Combustion Equipment. 1. Fuel-burning equipment having a 

total heat input capacity of less than 10 million BTU's per hour burning only 

natural gas, LPG and/or distillate fuel oil containing 0.50% sulfur by weight 

or less.

(a) Fossil fuel-fired boilers, preheaters, air heaters, water heaters, or 

heaters used for other heat exchange media less than ten million Brithsh 

thermal units per hour burning only natural gas, distillate oil (with less than 

or equal to 0.5 percent by weight sulfur), or liquid petroleum gas. 

(c) Fossil fuel-fired furnaces or dryers less than ten million Brithsh thermal 

units per hour and burning only natural gas, distillate oil (with less than or 

equal to 0.5 percent by weight sulfur), or liquid petroleum gas and the only 

emissions are from the products or combustion from fuel and water vapor 

and where no melting or refining occurs nor where any burning of any 

material occurs. 

(3)(A)1.A. Any combustion equipment using exclusively natural gas or 

liquefied petroleum gas or any combination of these with a capacity of less 

than ten (10) million British thermal units (Btus) per hour heat input; 

(3)(A)1C. Drying or heat treating ovens with less than ten (10) million Btus 

per hour capacity provided the oven does not emit pollutants other than 

the combustion products and the oven is fired exclusively by natural gas, 

liquefied petroleum gas, or any combination thereof;

(v) Combustors used exclusively for the purpose of research and 

development of more efficient combustion of coal or more effective 

prevention of air pollutant emissions from coal combusitn, less than ten 

million British thermal units per hyour and an annual average capacity 

factor of not more than twenty percent.

(3)(A)2.E. Any grain handling, storage and drying facility which—

(I) Is in noncommercial use only (used only to handle, dry or store grain 

produced by the owner) if—

(a) The total storage capacity does not exceed seven hundred fifty 

thousand (750,000) bushels;

(b) The grain handling capacity does not exceed four thousand (4,000) 

bushels per hour; and

(c) The facility is located at least five hundred feet (500') from any 

recreational area, residence or business not occupied or used solely by the 

owner;

(II) Is in commercial or noncommercial use and the total storage capacity of 

the new and any existing facility(ies) does not exceed one hundred ninety 

thousand (190,000) bushels; or

(III) Is in commercial or noncommercial use and has an installation of 

additional grain storage capacity in which there is no increase in hourly 

grain handling capacity and that utilizes existing grain receiving and loadout 

equipment

7. All chemical storage tanks used to store a chemical with a true vapor 

pressure of less than or equal to 10 millimeters of mercury.

(3)(A)2.L. Laboratory equipment used exclusively for chemical and physical 

analysis or experimentation, except equipment used for controlling 

radioactive air contaminants;
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units

 (e) Water treatment:

 (i) Septic sewer systems, not including 

active wastewater treatment facilities;

 (ii) NPDES permitted ponds and lagoons 

used solely for the purpose of settling 

suspended solids and skimming of oil and 

grease;

 (iii) De-aeration (oxygen scavenging) of 

water where toxic air pollutants as defined 

in chapter 173-460 WAC are not emitted;

 (iv) Process water filtration system and 

demineralizer vents;

 (v) Sewer manholes, junction boxes, 

sumps and lift stations associated with 

wastewater treatment systems;

 (vi) Demineralizer tanks;

 (vii) Alum tanks;

 (viii) Clean water condensate tanks.

 (f) Environmental chambers and laboratory equipment:

 (i) Environmental chambers and humidity 

chambers using only gases that are not toxic 

air pollutants listed in chapter 173-460 

WAC;

 (ii) Gas cabinets using only gases that are 

not toxic air pollutants regulated under 

chapter 173-460 WAC;

 (iii) Installation or modification of a single 

laboratory fume hood;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(g) Pollution Control.

1. Sanitary wastewater collection and treatment systems, except 

incineration equipment.

(3)(A)2.J. Equipment, including air pollution control equipment, but not 

including an anaerobic lagoon, that emits odors but no regulated air 

pollutants;

(g) Pollution Control.

1. Sanitary wastewater collection and treatment systems, except 

incineration equipment.

(3)(A)2.J. Equipment, including air pollution control equipment, but not 

including an anaerobic lagoon, that emits odors but no regulated air 

pollutants;

 (b) Combustion Equipment. 12. Boiler water treatment operations.

(3)(A)2.J. Equipment, including air pollution control equipment, but not 

including an anaerobic lagoon, that emits odors but no regulated air 

pollutants;

(3)(A)2.P. The following miscellaneous activities:

(VII) Environmental chambers, shock chambers, humidity chambers, and 

solar simulators provided no hazardous air pollutants are emitted by the 

process
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units

 (iv) Laboratory research, 

experimentation, analysis and testing at 

sources whose primary purpose and activity 

is research or education. To be exempt, 

these sources must not engage in the 

production of products, or in providing 

commercial services, for sale or exchange 

for commercial profit except in a de minimis 

manner. Pilot-plants or pilot scale processes 

at these sources are not exempt.

 (v) Laboratory calibration and 

maintenance equipment.

 (g) Monitoring/quality assurance/testing:

 (i) Equipment and instrumentation used 

for quality control/assurance or inspection 

purpose;

 (ii) Hydraulic and hydrostatic testing 

equipment;

 (iii) Sample gathering, preparation and 

management;

 (iv) Vents from emission monitors and 

other analyzers.

 (h) Miscellaneous:

 (i) Single-family residences and duplexes;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(f) Laboratories and Testing. 1. Laboratory equipment used 

exclusively for chemical or physical analyses; 4. Research and 

development facilities, quality control testing facilities and/or small pilot 

projects, where combined daily emissions from all operations are below all 

of the following thresholds:

(i) Less than 125 pounds per day of carbon monoxide;

(ii) Less than 0.8 pounds per day of lead;

(iii) Less than 50 pounds per day of particulate matter, PM10, or sulfur 

dioxide;

(iv) Less than 50 pounds per day of nitrogen oxides or VOCs except in the 

Counties of Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale, where less than 15 

pounds per day of nitrogen oxides; or VOCs; and

(v) Less than 5 pounds per day of any single hazardous air pollutant and less 

than 12.5 pounds per day of any combination of hazardous air pollutants.

(i) Laboratory equipment and laboratory fume hoods used exclusively for 

chemical or physical analyses and bench scale laboratory equipment. 

(cc) Air contaminant sources at nonproductin research and development 

operations with a potential to emit from any air contaminant source of less 

than one ton per year of any criteria pollutant per air contaminant source.

(f) Laboratories and Testing. 2. Sampling connections used exclusively to 

withdraw materials for testing and analysis, including air contaminant 

detectors and vent lines;

3. Vacuum producing devices;

(f) Laboratories and Testing.

(3)(A)2.P. (VI) Hydraulic and hydrostatic testing equipment;

(f) Laboratories and Testing. 2. Sampling connections used exclusively 

to withdraw materials for testing and analysis, including air contaminant 

detectors and vent lines;

K. Residential wood heaters, cookstoves or fireplaces;
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 (ii) Plastic pipe welding;

 (iii) Primary agricultural production 

activities including soil preparation, 

planting, fertilizing, weed and pest control, 

and harvesting;

 (iv) Comfort air conditioning;

 (v) Flares used to indicate danger to the 

public;

 (vi) Natural and forced air vents and 

stacks for bathroom/toilet activities;

 (vii) Personal care activities;

 (viii) Recreational fireplaces including the 

use of barbecues, campfires, and 

ceremonial fires;

 (ix) Tobacco smoking rooms and areas;

 (x) Noncommercial smokehouses;

 (xi) Blacksmith forges for single forges;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(d) Agricultural Operations.

1. Farm equipment used for soil preparation, livestock handling, crop 

tending and harvesting and for other farm related activities.

2. Herbicide and pesticide mixing and application activities for on site use.

(o) Storage tanks, storage silos, and other farm equipment located on a 

farm and utilized exclusively for the production of food or grain on the 

premises.

T. The following food and agricultural equipment:

(I) Any equipment used in agricultural operations to grow crops;

(II) Equipment used exclusively to slaughter animals. This exemption does 

not apply to other slaughterhouse equipment such as rendering cookers, 

boilers, heating plants, incinerators, and electrical power generating 

equipment

(e) Maintenance, Cleaning & Housekeeping.

1. Heating, air conditioning and ventilation systems not designed to remove 

air contaminants generated by or released from process or fuel-burning 

equipment.

(3)(A)2.B. Comfort air conditioning or comfort ventilating systems not 

designed or used to remove air contaminants generated by, or released 

from, specific units of equipment

(3)(A)2.N. Stacks or vents to prevent the escape of sewer gases through 

plumbing traps for systems handling domestic sewage only. Systems which 

include any industrial waste do not qualify for this exemption

(e) Maintenance, Cleaning & Housekeeping.

10. Laundry dryers, extractors, or tumblers for fabric cleaned with only 

water solutions of bleach or detergents.

11. Non-Perchloroethylene Dry-cleaning equipment with a capacity of 100 

pounds per hour or less of clothes.

(q) A drycleaning facility constructed between January 1, 1974 and 

December 31,m 1981 in which the annual amounts of fabric drycleaned 

with perchloroethylene is less than sixty thourshad pounds and is not 

located in Butler, Clermont, Cuyahoga, Franklin, Greene, Hamilton, Lake, 

Lorain, Lucas, Mahoning< Medina, Montgomery, Portage, Stark, Summit, 

Trumbull, Warren, and Wood counties.

(3)(A)2.

(3)(A)2.M. Recreational fireplaces;

(3)(A)2.P. (II) Tobacco smoking rooms and areas

(3)(A)2.T. (III) Commercial smokehouses or barbecue units in which the 

maximum horizontal inside cross-sectional area does not exceed twenty 

(20) square feet

 (b) Combustion Equipment. 5. Blacksmith forges. (3)(A)2.P. (V) Blacksmith forges, drop hammers, and hydraulic presses
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 (xii) Vehicle maintenance activities, not 

including vehicle surface coating;

 (xiii) Vehicle or equipment washing (see 

(c) of this subsection for threshold for 

boilers);

 (xiv) Wax application;

 (xv) Oxygen, nitrogen, or rare gas 

extraction and liquefaction equipment not 

including internal and external combustion 

equipment;

 (xvi) Ozone generators and ozonation 

equipment;

 (xvii) Solar simulators;

 (xviii) Ultraviolet curing processes, to the 

extent that toxic air pollutant gases as 

defined in chapter 173-460 WAC are not 

emitted;

 (xix) Electrical circuit breakers, 

transformers, or switching equipment 

installation or operation;

 (xx) Pulse capacitors;

 (xxi) Pneumatically operated equipment, 

including tools and hand held applicator 

equipment for hot melt adhesives;

 (xxii) Fire suppression equipment;

 (xxiii) Recovery boiler blow-down tank;

 (xxiv) Screw press vents;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(e) Maintenance, Cleaning & Housekeeping.

3. Maintenance activities such as: vehicle repair shops, brazing, soldering 

and welding equipment, carpenter shops, electrical charging stations, 

grinding and polishing operations maintenance shop vents, miscellaneous 

non-production surface cleaning, preparation and painting operations.

(h) Industrial Operations.

12. Equipment used exclusively for mizing and blending water-based 

adhesives and coating at ambient temperatures.

(3)(A)2.W.(XI) Equipment used exclusively for the melting and applying of 

wax containing less than one percent (1%) VOC by weight

(h) Industrial Operations.

9. Ozonization process or process equipment.

(3)(A)2.V. (II) Any powder coating operation, or radiation cured coating 

operation where ultraviolet or electron beam energy is used to initiate a 

reaction to form a polymer network

 (b) Combustion Equipment. 13. Fire fighter or other emergency/safety 

equipment used to train fire fighters.

(3)(B)5.C. Fire suppression equipment and emergency road flares
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 (xxv) Drop hammers or hydraulic presses 

for forging or metal working;

 (xxvi) Production of foundry sand molds, 

unheated and using binders less than 0.25% 

free phenol by sand weight;

 (xxvii) Kraft lime mud storage tanks and 

process vessels;

 (xxviii) Lime grits washers, filters and 

handling;

 (xxix) Lime mud filtrate tanks;

 (xxx) Lime mud water;

 (xxxi) Stock cleaning and pressurized pulp 

washing down process of the brown stock 

washer;

 (xxxii) Natural gas pressure regulator 

vents, excluding venting at oil and gas 

production facilities and transportation 

marketing facilities;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(h) Industrial Operations.

5. Equipment used exclusively for rolling, forging, pressing, stamping, 

spinning, or extruding

either hot or cold metals or plastic such as drop hammers or hydraulic 

presses for forging or

metalworking.

6. Die casting machines.
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 (xxxiii) Solvent cleaners less than 10 

square feet air-vapor interface with solvent 

vapor pressure not more than 30 mm 

mercury at 21°C where no toxic air 

pollutants as listed under chapter 173-460 

WAC are emitted;

 (xxxiv) Surface coating, aqueous solution 

or suspension containing ≤ 1% (by weight) 

VOCs, or ≤ 1% (by weight) toxic air 

pollutants as listed in chapter 173-460 WAC;

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(e) Maintenance, Cleaning & Housekeeping. 12. Cold cleaners having an 

air/vapor interface of not more than 10 square feet and that do not use a 

halogenated solvent.

(w) Solvent cold cleaners that meet the provisions of paragraph (o) of rule 

3745-21-09 of the Administrative Code and have a liquid surface area less 

than or equal to ten square feed or a reservoit opening of less than six 

inches in diameter.

(3)(B)6. The following miscellaneous surface preparation and cleaning 

activities:

A. Equipment and containers used for surface preparation, cleaning, or 

stripping by use of solvents or solutions that meet all of the following: 

{See rule for criteria}
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 (xxxv) Cleaning and stripping activities 

and equipment using solutions having ≤ 1% 

VOCs (by weight) or ≤ 1% (by weight) toxic 

air pollutants. Acid solutions used on 

metallic substances are not exempt;

 (xxxvi) Dip coating operations, using 

materials less than 1% VOCs (by weight) or 

≤ 1% (by weight) toxic air pollutants as 

listed in chapter 173-460 WAC.

 (xxxvii) Abrasive blasting performed 

inside a booth or hangar designed to 

capture the blast grit or overspray.

 (xxxviii) For structures or items too large 

to be reasonably handled indoors, abrasive 

blasting performed outdoors that employs 

control measures such as curtailment 

during windy periods and enclosure of the 

area being blasted with tarps and uses 

either steel shot or an abrasive containing 

less than one percent (by mass) which 

would pass through a No. 200 sieve.

 (xxxix) Stationary emergency internal 

combustion engines with an aggregate 

brake horsepower that is less than or equal 

to 500 brake horsepower.

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(3)(B)6.C. Abrasive blasting sources that have a confined volume of less 

than one hundred (100) cubic feet and are controlled by a particulate filter;

D. Blast cleaning equipment using a suspension of abrasive in water;

E. Portable blast cleaning equipment for use at any single location for less 

than sixty (60) days

(b) Combustion Equipment. 11. Stationary engines.

(i) Burning natural gas, LPG, gasoline, dual fuel, or diesel fuel which are 

used exclusively as emergency generators; or (ii) Burning natural gas, LPG, 

and/or diesel fuel and used for emergency and/or peaking power where 

the peaking power use does not exceed 200 hrs/yr. except in the counties 

of Banks, Barrow, Bartow, Butts, Carroll, Chattooga, Cherokee, Clarke, 

Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, Forsyth, 

Fulton, Gordon, Gwinnett, Hall, Haralson, Heard, Henry, Jackson, Jasper, 

Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe, Morgan, Newton, 

Oconee, Paulding, Pickens, Pike, Polk, Putnam, Rockdale, Spalding, Troup, 

Upson, and Walton where such engines with a rated capacity equal to and 

greater than 300 kilowatts are not exempt; or

(iii) Used for other purposes provided that the total horsepower of all nongasoline burning engines combined are less than 1500 engine horsepower 

and no individual engine operates for more than 1000 hrs/yr.; or

(iv) Used for other purposes provided that the total horsepower of all 

gasoline burning engines combined are less than 225 horsepower and no 

individual engine operates for more than 1000 hrs/yr.

(v) For the purpose of this subsection, the following definitions shall apply:

(I) An “emergency generator” means a generator whose function is to 

provide back-up power when electric power from the local utility is 

interrupted and which operates for less than 500 hours per year.

(II) “Used for peaking power” means used to reduce the electrical power 

requirements on the local utility grid. This could be for supplying power 

during the local utility’s peak demand periods, or for peak shaving by the 

facility.

(mm) Natural gas compressor engines used for maintenance activities with 

a heat input rate of no greater than 10 million British thermal units per 

hour fired by natural gas, gasoline or distillate oil ( with less than or equal 

to 0.5 pwecent by weight sulfur) (nn) Emergency electrical 

generators or emergency firefightingt water pumps less than or equal to 50 

horse power that burn gasoline, natural gas, distillate oil (with less than or 

equal to 0.5 percent by weight sulfur), or liquid petroleum gas.

(3)(A)2.BB. Internal combustion engines and gas turbine driven 

compressors, electric generator sets, and water pumps, used only for 

portable or emergency services, provided that the maximum annual 

operating hours shall not exceed five hundred (500) hours. Emergency 

generators are exempt only if their sole function is to provide back-up 

power when electric power from the local utility is interrupted. This 

exemption only applies if the emergency generators are operated only 

during emergency situations and for short periods of time to perform 

maintenance and operational readiness testing. The emergency generator 

shall be equipped with a non-resettable meter 

(3)(A)2.Q. The following internal combustion engines:

(I) Portable electrical generators that can be moved by hand without the 

assistance of any motorized or non-motorized vehicle, conveyance or 

device;

(II) Spark ignition or diesel fired internal combustion engines used in 

conjunction with pumps, compressors, pile drivers, welding, cranes, and 

wood chippers or internal combustion engines or gas turbines of less than 

two hundred fifty (250) horsepower rating
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 (xl) Gasoline dispensing facilities with 

annual gasoline throughputs less than those 

specified in WAC 173-491-040 (4)(a). 

Gasoline dispensing facilities subject to 

chapter 173-491 WAC are exempt from 

toxic air pollutant analysis pursuant to 

chapter 173-460 WAC.

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(ee) Gasoline dispensing facilities, as defined in paragraph (H) of rule 3745-

21-01 of the Administrative Code, or other motor fuel dispensing facilities 

that are equipped with Stage ! Vapor control and are not located in 

Ashtabula, butler, Clark, Clermont, Cuyahoga, Delawate, Franklin, Geauga, 

Green, Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, 

Montgomery, Portage, Stark, Summit, Trumbull, Watten, or Wood 

Counties. (ff) Gasoline dispensing facilities, defined in paragraph (H) of 

rule 3745-21-01 of the Administrative Code, or other motor fuel dispensing 

facilites that have an individual maximum annual through put of less than 

six thousand gallons of gasoline per year.

(b) Combustion Equipment. 

4. Equipment used for cooking food for immediate human consumption.

6. Clean steam condensate and steam relief vents.

7. Funeral homes and crematories of any size.

8. Air curtain destructor used at land clearing at a construction site.

9. Open burning.

10. Small incinerators operating as follows:

(i) less than 8 million BTU's per hour input, firing types 0, 1, 2 and/or 3 

waste; or

(ii) less than 8 million BTU's per hour input with no more than 10% 

pathological (type 4) waste by weight combined with types 0, 1, 2 and/or 3 

waste; or

(iii) less than 4 million BTU's per hour heat input firing type 4 waste

(e) Equipment used exclusively for the packaging of lubricants or greases, 

and water-borne adhesives, coating or binders. 

(f) Equipment used exclusively for the mixing and blending of materials at 

ambient temperature to make water-borne adhesives, coatings or binders. 

(g) Bakery overn that bake: (i) Chemically leavened products; or (ii) Yeast 

dough products and that are not located at a commercial bakery; or (iii) 

Biscuits, crackers, cookies and similar nonleavened projects; or (iv) Yeast 

dough, bread, buns and rolls at a bakery having a total maximum yeast 

dough, bread, buns and rolls productin rate of less than or equal to one 

thousand pounds per hour. (h) Mixers and 

blenderss and deep fat fryers (except deep fat fryers used to produce 

potato chips) where the products are edible and intended for human 

consumption. (j) Photographic process equipment by 

which an image is reporduced upon material sensitized to radiant energy.

(3)(A)1.C. Drying or heat treating ovens with less than ten (10) million Btus 

per hour capacity provided the oven does not emit pollutants other than 

the combustion products and the oven is fired exclusively by natural gas, 

liquefied petroleum gas, or any combination thereof; and

D. Any oven with a total production of yeast leavened bakery products of 

less than ten thousand (10,000) pounds per operating day heated either 

electrically or exclusively by natural gas firing with a maximum capacity of 

less than ten (10) million Btus per hour.

(e) Maintenance, Cleaning & Housekeeping.

5. Cold storage refrigeration equipment.

7. Equipment used for portable steam cleaning.

8. Blast-cleaning equipment using a suspension of abrasive in water and 

any exhaust system or collector serving them exclusively.

9. Portable blast-cleaning equipment.

15. Non-routine clean out of tanks and equipment for the purposes of 

worker entry or in preparation for maintenance or decommissioning.

16. Equipment used for the washing or drying of fabricated products 

provided that no VOCs are used in the process and that no oil or solid fuels 

are burned.

17. Devices used exclusively for cleaning metal parts or surfaces by burning 

off residual amounts of paint, varnish, or other foreign material, provided 

that such devices are equipped with afterburners.

18. Fresh water cooling towers provided that the total potential emissions 

from the entire source remain below 10 tons per year of any single 

hazardous air pollutant and below 25 tons per year of any combination of 

hazardous air pollutants.

(k) Equipment used for injection molding of resins where no more than one 

million pounds of resing (thermoplastic or thermosetting) per rolling twelvemonth period are used in injection machines at the facility. (m) 

Compression molding presses used for the curing of plastic products that 

qualify for the de minimis exemption under rule 3745-151-05 of the 

Administrative Code. this type of press uses a thermosetting resin and 

involves a chemical reaction, usually involving heat that converts the 

material (e.g., polyesters, polyurethanes, epoxy resins, etc.) to a solid, 

insoluble state using a hardening or curing operation. (n) presses used 

exclusively for extruding clay. (p) The relocation 

of any protable source in teh state of Ohio that meets either paragraph 

(A)1)(p)(i) or paragraph (A)(1)(p(ii) of the following: {see rule text for 

conditions} (r) Noncontinuous solvent recycling or reclaiming 

units with less than twenty gallons capacity. 

(3)(A)2. C. Equipment used for any mode of transportation 

F. Restaurants and other retail establishments for the purpose of preparing 

food for employee and guest consumption;

G. Any wet sand and gravel production facility that obtains its material from 

subterranean and subaqueous beds where the deposits of sand and gravel 

are consolidated granular materials resulting from natural disintegration of 

rock and stone and whose maximum production rate is less than five 

hundred (500) tons per hour. All permanent in-plant roads shall be paved 

and cleaned, or watered, or properly treated with dust-suppressant 

chemicals as necessary to achieve good engineering control of dust 

emissions. Only natural gas shall be used as a fuel when drying;

H. Equipment solely installed for the purpose of controlling fugitive dust;

I. Equipment or control equipment which eliminates all emissions to the 

ambient air O. Noncommercial incineration of dead animals, the on-site 

incineration of resident animals for which no consideration is received or 

commercial profit is realized as authorized in section 269.020.6, RSMo 2000
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units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(g) Pollution Control.

2. On site soil or groundwater decontamination units.

3. Bioremediation operations.

4. Garbage compactors and garbage handling equipment

5. Municipal Solid Waste Landfills which meet the following criteria:

(i) The total design capacity of the landfill is less than or equal to 2.756 

million tons (2.5 million megagrams) or 3.27 million cubic yards (2.5 million 

cubic meters)of solid waste; and

(ii) The emissions of VOC are less than 25 tons per year for landfills located 

within Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding, or Rockdale counties; and

(iii) The emissions of nitrogen oxides (NOX) from operations other than the 

final control device are less than 25 tons per year for landfills located within 

Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding, or Rockdale counties.

(s) Nonheat-set or sheet-feed presses with an organic compound potential 

to emit of less than three tons per year. (t) An incinerator designed and 

used to dispose of residential wastes and having a capacity for serving no 

more than five householdes. (u) Equipment used for 

spraying or applying insecticides, pesticides and hervbicides except at 

facilities producing these substances or mixtures for sale or distribution 

(x) Ink-jet printers (y) Grinding and maching 

operations, abrasive blasting, pneumaticconveying, and wood working 

operations controlled with a fabric filter, scrubber, or mist collector 

designed to emit not more than 0.03 grains of particulate per dry standard 

cubic foot of exhasut gas with less than four thousand acfm volume, 

venting inside a building, and emitting less than ten pounds per day of non 

paatricualte air contaminants. (z) Uncontrolled grinding, machining, and 

sanding operations, abrasive cleaning opertions (dry or wet), pneumatic 

conveying and woodworking operations that have no visible emissions, 

vent to teh inside of a building and emit less than ten pounds per day of 

nonparticulate air contaminants.

(3)(A)2. P. The following miscellaneous activities:

(I) Use of office equipment and products, not including printing 

establishments or businesses primarily involved in photographic 

reproduction. This exemption is solely for office equipment that is not part 

of the manufacturing or production process at the installation;

(III) Hand-held applicator equipment for hot melt adhesives with no volatile 

organic compound (VOC) in the adhesive formula;

(IV) Paper trimmers and binders (3)(A)2. Q(III) Laboratory 

engines used in research, testing, or teaching

(h) Industrial Operations.

1. Concrete block, brick plants, concrete products plants, and ready mix 

concrete plants producing less than 125,000 tons per yer of product.

2. Small aluminum scrap metal reclaimers (non-smelters).

3. Any of the following processes or process equipment which are 

electrically heated or which fire natural gas, LPG or distillate (#2) fuel oil at 

a maximum total heat input rate of not more than 10 million BTU’s per 

hour.

(i) Furnaces for heat treating glass or metals, the use of which does not 

involve molten materials, oil-coated parts, or oil quenching.

(ii) Porcelain enameling furncaces or porcelains enameling drying ovens.

(iii) Kilns for firing ceramic ware.

(iv) Crucible furnaces, pot furnaces, or induction melting and holding 

furnaces with a capacity of 1,000 pounds or less each, in which sweating or 

distilling is not conducted and in which fluxing is not conducted utilizing 

free chlorine or flouride

drivatives, or ammonium compounds.

(v) Bakery ovens and confection cookers.

(vi) Feed mill or grain mill ovens.

(vii) Surface coating drying ovens.

4. Grain, metal, or mineral extrusion process.

7. Equipment used exclusively for sintering of glass or metals, but not 

exempting equipment

used for sintering metal-bearing ores, metal scale, clay, fly ash, or metal 

compounds.

8. Equipment for the minig and screening of uncrushed native sand and 

gravel.

(aa) Parts washers and rinse tanks using detergent cleaners. 

(bb) Aluminum die-casting machines. (gg) Air separation plants 

(jj) Passive methane venting suystems from non-hazardous waste landfills. 

(kk) Coating applications with perperly designed and operated particulate 

control deviced and venting systems that employ less than five gallons of 

only air=dried coating material in anay one day provided that teh 

applications are: {See rule for criteria} (ll) Refrigerant 

reclaimin and cecycling machines located at motor vehicle repair facilities 

(oo) 2-stroke or 4-stroke, air-cooled, gasoline-powered engines no more 

than 20 horsepower used for lawn mowers, small electric generators, 

compressors, pumpss, minibikes, snowthrowers, garden tractors or other 

similar uses. (pp) Non-road engines, subject 

to the following provisos" {see rule text for criteria} 

(3)(A)2.R. The following quarries, mineral processing, and biomass facilities:

(I) Drilling or blasting activities;

(II) Concrete or aggregate product mixers or pug mills with a maximum 

rated capacity of less than fifteen (15) cubic yards per hour;

(III) Riprap production processes consisting only of a grizzly feeder, 

conveyors, and storage, not including additional hauling activities 

associated with riprap production;

(IV) Sources at biomass recycling, composting, landfill, publicly owned 

treatment works (POTW), or related facilities specializing in the operation 

of, but not limited to tub grinders powered by a motor with a maximum 

output rating of ten (10) horsepower, hoggers and shredders and similar 

equipment powered by a motor with a maximum output rating of twentyfive (25) horsepower, and other sources at such facilities with a total 

throughput less than five hundred (500) tons per year; and

(V) Land farming of soils contaminated only with petroleum fuel products 

where the farming beds are located a minimum of three hundred feet 

(300') from the property boundary
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units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(h) Industrial Operations.

10. Electrostatic powder coating booths with an apropriately designed and 

operated particulate

control system.

13. Equipment used for compression, molding and injection of plastics.

14. Wood products operations in the following SIC categories (combustion 

equipment and coatings operations are not included in this exemption):

(i) 2426 Dimensional Hardwood Lumber Mills

(ii) 2431 Lumber Millwork

[391-3-1-.03] - 8

(iii) 2434 Wood Kitchen Cabinets

(iv) 2439 Structural Wood Trusses

(v) 2441 Wood Boxes

(vi) 2448 Wood Pallets

(vii) 2449 Wood Containers

(viii) 2499 Miscellaneous Wood Products

15. Industrial process equipment used exclusively for educational purposes 

at educational institutions.

(2) Federal based exemptions. The following exemption applies 

regardless of the applicability of the "National Emissions Standards for 

Hazardous Air Pollutants" and/or the "New Source Performance 

Standards". (a) Cleanup activities associated with the removal or remedial 

action conducted entirely on site, where such remedial action is selected 

and carried out in compliance with the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA) section 121(e) and 

where such action meets all applicable air pollution emission limits and 

policies.

(3)(A)2.S. The following kilns and ovens:

(I) Kilns with a firing capacity of less than ten (10) million Btus per hour used 

for firing ceramic ware, heated exclusively by natural gas, liquefied 

petroleum gas, electricity, or any combination thereof; and

(II) Electric ovens or kilns used exclusively for curing or heat-treating 

provided no hazardous air pollutants (HAPs) or VOCs are emitted;

T. The following food and agricultural equipment:

(I) Any equipment used in agricultural operations to grow crops;

(II) Equipment used exclusively to slaughter animals. This exemption does 

not apply to other slaughterhouse equipment such as rendering cookers, 

boilers, heating plants, incinerators, and electrical power generating 

equipment;

(IV) Equipment used exclusively to grind, blend, package, or store tea, 

cocoa, spices or coffee;

(V) Equipment with the potential to dry, mill, blend, grind, or package less 

than one thousand (1,000) pounds per year of dry food products such as 

seeds, grains, corn, meal, flour, sugar, and starch;

(VI) Equipment with the potential to convey, transfer, clean, or separate 

less than one thousand (1,000) tons per year of dry food products or waste 

from food production operations;

(VII) Storage equipment or facilities containing dry food products that are 

not vented to the outside atmosphere or which have the potential to 

handle less than one thousand (1,000) tons per year;

(VIII) Coffee, cocoa, and nut roasters with a roasting capacity of less than 

fifteen (15) pounds of beans or nuts per hour, and any stoners or coolers 

operated with these roasters;

(IX) Containers, reservoirs, tanks, or loading equipment used exclusively for 

the storage or loading of beer, wine, or other alcoholic beverages produced (3)(A)2. U. Batch solvent recycling equipment provided the recovered 

solvent is used primarily on-site, the maximum heat input is less than one 

(1) million Btus per hour, the batch capacity is less than one hundred fifty 

(150) gallons, and there are no solvent vapor leaks from the equipment 

which exceed five hundred (500) parts per million;

V. The following surface coating and printing operations:

(I) Batch mixing of inks, coatings, or paints provided good housekeeping is 

practiced, spills are cleaned up as soon as possible, equipment is 

maintained according to manufacturer’s instruction and property is kept 

clean. In addition, all waste inks, coating, and paints shall be disposed of 

properly. Prior to disposal all liquid waste shall be stored in covered 

container. This exemption does not apply to ink, coatings, or paint 

manufacturing facilities;

(III) Any surface-coating source that employs solely non-refillable handheld 

aerosol cans; and

(IV) Surface coating operations utilizing powder coating materials with the 

powder applied by an electrostatic powder spray gun or an electrostatic 

fluidized bed
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units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(3)(A)2. W. The following metal working and handling equipment:

(I) Carbon dioxide (CO2) lasers, used only on metals and other materials 

that do not emit a HAP or VOC in the process;

(II) Laser trimmers equipped with dust collection attachments;

(III) Equipment used for pressing or storing sawdust, wood chips, or wood 

shavings;

(IV) Equipment used exclusively to mill or grind coatings and molding 

compounds in a paste form provided the solution contains less than one 

percent (1%) VOC by weight;

(V) Tumblers used for cleaning or deburring metal products without 

abrasive blasting;

(VI) Batch mixers with a rated capacity of fifty-five (55) gallons or less 

provided the process will not emit hazardous air pollutants;

(VII) Equipment used exclusively for the mixing and blending of materials at 

ambient temperature to make water-based adhesives provided the process 

will not emit hazardous air pollutants;

(VIII) Equipment used exclusively for the packaging of lubricants or greases;

(IX) Platen presses used for laminating provided the process will not emit 

hazardous air pollutants;

(X) Roll mills or calendars for rubber or plastics provided the process will 

not emit hazardous air pollutants;

(XI) Equipment used exclusively for the melting and applying of wax 

containing less than one percent (1%) VOC by weight;

(XII) Equipment used exclusively for the conveying and storing of plastic 

pellets; and

(XIII) Solid waste transfer stations that receive or load out less than fifty (50) 

tons per day of nonhazardous solid waste

(3)(A)2. Y.(II) Batch loading and unloading of solid phase catalysts;

Z. Body repair and refinishing of motorcycle, passenger car, van, light truck 

and heavy truck and other vehicle body parts, bodies, and cabs, provided— 

{See rule for criteria} (3)(A)(2).AA. Sawmills processing no more 

than twenty-five (25) million board feet, green lumber tally of wood per 

year, in which no mechanical drying of lumber is performed, in which fine 

particle emissions are controlled through the use of properly engineered 

baghouses or cyclones, and which meet all of the following provisions:

(I) The mill shall be located at least five hundred feet (500') from any 

recreational area, school, residence, or other structure not occupied or 

used solely by the owner of the facility or the owner of the property upon 

which the installation is located;

(II) All sawmill residues (sawdust, shavings, chips, bark) from debarking, 

planing, saw areas, etc., shall be removed or contained to minimize fugitive 

particulate emissions. Spillage of wood residues shall be cleaned up as soon 

as possible and contained such that dust emissions from wind erosion 

and/or vehicle traffic are minimized. Disposal of collected sawmill residues 

must be accomplished in a manner that minimizes residues becoming 

airborne. Disposal by means of burning is prohibited unless it is conducted 

in a permitted incinerator; and

(III) All open-bodied vehicles transporting sawmill residues (sawdust, 

shavings, chips, bark) shall be covered with a tarp to achieve maximum 

control of particulate emissions;
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WAC 173-400(4) de minimis emission 

units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(3)(A)2. DD. Carving, cutting, routing, turning, drilling, machining, sawing, 

sanding, planing, buffing, or polishing solid materials, other than materials 

containing any asbestos,beryllium or lead greater than one percent (1%) by 

weight as determined by Material Safety Data Sheets (MSDS), vendor 

material specifications and/or purchase order specifications, where 

equipment—

(I) Directs a stream of liquid at the point where material is processed;

(II) Is used only for maintenance or support activity not conducted as part 

of the installation’s primary business activity;

(III) Is exhausted inside a building; or

(IV) Is ventilated externally to an operating cyclonic inertial separator 

(cyclone), baghouse, or dry media filter. Other particulate control devices 

such as electrostatic precipitators or scrubbers are subject to construction 

permitting or a permit-by-rule, unless otherwise exempted.

(3)(B)1. Routine maintenance, parts replacement or relocation of emission 

units within the same installation which do not involve either any 

appreciable change either in the quality or nature, or any increase in either 

the potential to emit or the effect on air quality, of the emissions of any air 

contaminant. Some examples are as follows:

A. Replacing the bags in a baghouse;

B. Replacing wires, plates, rappers, controls or electric circuitry in an 

electrostatic precipitator which does not measurably decrease the design 

efficiency of the unit;

C. Replacement of fans, pumps or motors which does not alter the 

operation of a source or performance of a control device;

D. Replacement of boiler tubes;

E. Replacement of piping, hoods, and ductwork; and

F. Replacement of engines, compressors or turbines as part of a normal 

maintenance program;
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WAC 173-400(4) de minimis emission 

units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions

(3)(B)2. Changes in a process or process equipment which do not involve 

installing, constructing or reconstructing an emissions unit or associated air 

cleaning devices, and that do not involve either any appreciable change 

either in the quality or nature, or any increase in either the potential to 

emit orthe effect on air quality of the emissions of any air contaminant. 

Some examples are as follows:

A. Change in supplier or formulation of similar raw materials, fuels, paints 

and other coatings;

B. Change in the sequence of the process;

C. Change in the method of raw material addition;

D. Change in the method of product packaging;

E. Change in the process operating parameters;

F. Replacement of an identical or more efficient cyclone precleaner which is 

used as a precleaner in a fabric filter control system;

G. Installation of a floating roof on an open top petroleum storage tank;

H. Replacement of a fuel burner in a boiler with a more thermally efficient 

burner;

I. Lengthening a paint drying oven to provide additional curing time; and

J. Changes in the location, within the storage area, or configuration of a 

material storage pile or material handling equipment

(3)(B) 3. Replacement of like-kind emission units that do not involve either 

any appreciable change either in the quality or nature, or any increase 

either in the potential to emit or the effect on air quality, of the emissions 

of any air contaminant;

4. The exempt activities in paragraphs (3)(B)1.–3. of this rule reflect a 

presumption that existing emission units which are changed or replaced by 

like-kind units shall be treated as having begun normal operation for 

purposes of the definition of actual emissions in 10 CSR 10-6.020;

5. The following miscellaneous activities:

B. Batteries and battery charging stations;

E. Steam emissions from leaks, safety relief valves, steam cleaning 

operations, and steam sterilizers; and
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WAC 173-400(4) de minimis emission 

units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions
Page 87 of 110

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WAC 173-400(4) de minimis emission 

units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions
Page 88 of 110

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WAC 173-400(4) de minimis emission 

units

M N O

Georgia 391-3-1-.03(6) Ohio Statewide Rule 9745-31-03(A)(1) 

Permit to install exemptions

Missouri, 10 CSR 10-6-.061 Constructin Permit 

Exemptions
Page 89 of 110

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 (a) Maintenance/construction:

 (i) Cleaning and sweeping of streets and 

paved surfaces;

 (ii) Concrete application, and installation;

 (iii) Dredging wet spoils handling and 

placement;

 (iv) Paving application and maintenance. 

This provision does not exempt asphalt 

plants from this chapter;

Appendix E: Comparison of emission units and rates exempt from permitting in Washington,some other states, and the EPA Tribal NSR rule.

WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

.0101 REQUIRED AIR QUALITY PERMITS (a) No owner or operator shall do 

any of the following activities, that is not otherwise exempted, without first 

applying for and obtaining an air quality permit:

(2) construct, operate, or modify a facility that has the potential to emit at 

least 10 tons per year of any hazardous air pollutant or 25 tons per year of 

all hazardous air pollutants combined or that are subject to requirement 

established under the following sections of the federal Clean Air Act:

(A) Section 112(d), emissions standards;

(B) Section 112(f), standards to protect public health and the environment;

(C) Section 119(g), construction and reconstruction;

(D) Section 112(h), work practice standards and other requirements;

(E) Section 112(i)(5), early reduction;

(F) Section 112(.i), federal failure to promulgate standards;

(G) Section 112(r), accidental releases; or

014 Any source not required to obtain a construction permit pursuant to 

001 may request a construction permit to be issued in the manner 

prescribed by 002 through 013 for the following purposes: 

014.01 Establishing enforceable limits to avoid otherwise applicable 

requirements under the provisions of Title 129. 

014.02 Revising existing construction permits to incorporate significant 

permit revisions as defined in Chapter 15. 

014.03 Establishing a PAL pursuant to the provisions of Chapter 19 of Title 

129. The construction permit used to establish a PAL must include the 

information and conditions listed in Chapter 19, section 011.06. 014.04 

Establishing a Best Available Retrofit Technology (BART) permit or other 

permit required to reduce visibility impairment in a Class I Federal area 

pursuant to the provisions of Chapter 43

.0102 ACTIVITIES EXEMPTED FROM PERMIT REQUIREMENTS (a) This Rule 

does not apply to facilities required to have a permit under Section .0500 of 

this Subchapter.

This rule applies only to permits issued under Section .0300 of this 

Subchapter.

001.02 When determining applicability under 001.01 above, sources in the 

following source categories must include fugitive emissions:

(c) The following activities do not need a permit or permit modification 

under this Section .0300 of this Subchapter; however, the Director may 

require the owner or operator of these activities to register them under 

15A NCAC 20 .0200:

001.02A Coal cleaning plants (with thermal dryers);

001.02B Kraft pulp mills;

001.02C Portland cement plants;

001.02D Primary zinc smelters;

001.02E Iron and steel mills;

(c)(1) (A)(v) paving parking lots 001.02F Primary aluminum ore reduction plants;

(b) How do I determine the increase in allowable emissions from a physical 

or operational change at my source? Determine the resulting increase in 

allowable emissions in tons per year (tpy) of each regulated NSR pollutant 

after considering all increases from the change. A physical or operational 

change may involve one or more emissions units. The total increase in 

allowable emissions resulting from your proposed change, including 

fugitive emissions, to the extent they are quantifiable, only if your source 

belongs to one of the source categories listed pursuant to section 302(j) of 

the Act, would be the sum of the following:

(1) For each new emissions unit that is to be added, the emissions increase 

would be the potential to emit of the emissions unit.

(2) For each emissions unit with an allowable emissions limit that is to be 

changed or replaced, the emissions increase would be the allowable 

emissions of the emissions unit after the change or replacement minus the 

allowable emissions prior to the change or replacement. However, this may 

not be a negative value. If the allowable emissions of an emissions unit 

would be reduced as a result of the change or replacement, use zero in the 

calculation.

(3) For each unpermitted emissions unit (a unit without any enforceable 

permit conditions) that is to be changed or replaced, the emissions increase 

is the allowable emissions of the emissions unit after the change or 

replacement minus the potential to emit prior to the change or 

replacement. However, this may not be a negative value. If an emissions 

unit's post-change allowable emissions would be less than its pre-change 

potential to emit, use zero in the calculation.

(c) What emissions units and activities are exempt from this program? 

This program does not apply to the following emissions units and activities 

at a source that are listed in paragraphs (c)(1) through (7) of this section.

(1) Mobile sources.

(2) Ventilating units for comfort that do not exhaust air pollutants into the 

ambient air from any manufacturing or other industrial processes

(3) Noncommercial food preparation.

(4) Consumer use of office equipment and products.

(5) Janitorial services and consumer use of janitorial products.

(6) Internal combustion engines used for landscaping purposes.

(7) Bench scale laboratory activities, except for laboratory fume hoods or 

vents.
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WAC 173-400(4) de minimis emission 

units

 (v) Plant maintenance and upkeep 

activities (grounds keeping, general repairs, 

house keeping, plant painting, welding, 

cutting, brazing, soldering, plumbing, 

retarring roofs, etc.);

 (vi) Plumbing installation, plumbing 

protective coating application and 

maintenance activities;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(c)(1) activities exempted because of category: (b) How do I determine the increase in allowable emissions from a physical 

(A) maintenance, upkeep, and replacement:

(i) maintenance, structural changes, or repairs which do not change the 

capacity of such process, fuel burning, refuse-burning, or control 

equipment, and do not involve any change in quality or nature or increase 

in quantity of emission of regulated air pollutants;

(ii) housekeeping activities or building maintenance procedures, including 

painting buildings, resurfacing floors, roof repair, washing, portable 

vacuum cleaners, sweeping, use and associated storage of janitorial 

products, or insulation removal

001.02G Primary copper smelters;

001.02H Municipal incinerators capable of charging more than 250 tons of 

refuse per day;

001.02I Hydrofluoric, sulfuric, or nitric acid plants;
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WAC 173-400(4) de minimis emission 

units

 (vii) Roofing application and 

maintenance;

 (viii) Insulation application and 

maintenance;

 (ix) Janitorial services and consumer use 

of janitorial products;

 (x) Construction activities that do not 

result in new or modified stationary sources 

or portable stationary sources.

 (b) Storage tanks:

 (i) Lubricating oil storage tanks. This 

provision does not exempt wholesale 

distributors of lubricating oils from this 

chapter;

 (ii) Polymer tanks and storage devices 

and associated pumping and handling 

equipment, used for solids dewatering and 

flocculation;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

001.02J Petroleum refineries; (b) How do I determine the increase in allowable emissions from a physical 

001.02K Lime plants;

001.02L Phosphate rock processing plants;

(c)(1) (A)(i) maintenance, structural changes, or repairs which do not 

change the capacity of such process, fuel burning, refuse-burning, or 

control equipment, and do not involve any change in quality or nature or 

increase in quantity of emission of regulated air pollutants;

001.02M Coke oven batteries;

001.02N Sulfur recovery plants;

001.02O Carbon black plants (furnace process);

(c)(1)(D) (i) storage tanks used solely to store fuel oils, kerosene, diesel. 

crude oil, used motor oil, lubricants, cooling oils, natural gas or liquefied 

petroleum gas;

001.02P Primary lead smelters;

001.02Q Fuel conversion plants;
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WAC 173-400(4) de minimis emission 

units

 (iii) Storage tanks, reservoirs, pumping 

and handling equipment of any size 

containing soaps, vegetable oil, grease, 

animal fat, and nonvolatile aqueous salt 

solutions;

 (iv) Process and white water storage 

tanks;

 (v) Operation, loading and unloading of 

storage tanks and storage vessels, with lids 

or other appropriate closure and less than 

260-gallon capacity (35 cubic feet);

 (vi) Operation, loading and unloading of 

storage tanks, ≤ 1100 gallon capacity, with 

lids or other appropriate closure, not for 

use with materials containing toxic air 

pollutants, as listed in chapter 173-460 

WAC, max. VP 550 mm mercury at 21°C;

 (vii) Operation, loading and unloading 

storage of butane, propane, or liquefied 

petroleum gas with a vessel capacity less 

than 40,000 gallons;

 (viii) Tanks, vessels and pumping 

equipment, with lids or other appropriate 

closure for storage or dispensing of 

aqueous solutions of inorganic salts, bases 

and acids.

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

petroleum gas; 001.02R Sintering plants; (b) How do I determine the increase in allowable emissions from a physical 

001.02S Secondary metal production plants;

001.02T (Not EPA approved);

(c)(2(A)(i) above-ground storage tanks with a storage capacity of no more 

than 1100 gallons storing organic liquids, with a true vapor pressure of no 

more than 10.8 pounds per square inch absolute at 70OF; or

(ii) underground storage tanks with a storage capacity of no more than 

2500 gallons storing organic liquids, with a true vapor pressure of no more 

than 10.8 psi absolute at 70'F; (c)(1)(D) (i) storage 

tanks used solely to store fuel oils, kerosene, diesel. crude oil, used motor 

oil, lubricants, cooling oils, natural gas or liquefied petroleum gas;

(ii) storage tanks used to store gasoline for which there are no applicable 

requirements except Stage I controls under 15A NCAC 2D .0928;

(iii) storage tanks used solely to store inorganic liquids; or

(iv) storage tanks or vessels used for the temporary containment of 

materials resulting from an emergency response to an unanticipated 

release of hazardous materials;

001.02U Fossil-fuel boilers (or combination thereof) totaling more than 250 

million British thermal units per hours heat input;

001.02V Petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels;

(c)(1)(D)(iii) storage tanks used solely to store inorganic liquids; 001.02W Taconite ore processing plants;
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WAC 173-400(4) de minimis emission 

units

 (i) ≤ 500,000 Btu/hr using coal with ≤ 

0.5% sulfur or other solid fuels with ≤ 0.5% 

sulfur;

 (ii) ≤ 500,000 Btu/hr using used oil, per 

the requirements of RCW 70.94.610;

 (iii) ≤ 400,000 Btu/hr using wood waste 

or paper;

 (iv) ≤ 1,000,000 Btu/hr using gasoline, 

kerosene, #1, or #2 fuel oil and with ≤0.05% 

sulfur;

 (c) New or modified emission units with combined 

aggregate heat inputs to combustion units (excluding 

emergency engines exempted by subsection 

(4)(h)(xxxix) of this section), less than or equal to all of 

the following, as applicable:

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(c)(1)(D)(iv) storage tanks or vessels used for the temporary containment of (b) How do I determine the increase in allowable emissions from a physical 

materials resulting from an emergency response to an unanticipated 

release of hazardous materials;

001.02X Glass fiber processing plants;

001.02Y Charcoal production plants;

001.02Z Fossil fuel-fired steam electric plants of more than 250 million 

British thermal units per hour heat input;

001.02AA Any other stationary source category which is being regulated by 

a standard promulgated under Section 111 or 112 of the Act as of August 7, 

1980.

(c)(2)(B) (v) space heaters burning waste oil if:

(i) The heater burns only oil that the owner or operator generates or used 

oil from do-It-yourself oil changers who generate used oil as household 

wastes;

(ii) The heater is designed to have a maximum capacity of not more than 

500,000 Btu per hour; and

(iii) The combustion gases from the heater are vented to the ambient air;

(c)(2)(B) (i) fuel combustion equipment, except for internal combustion 

engines, firing exclusively kerosene, No. I fuel oil, No. 2 fuel oil, equivalent 

unadulterated fuels, or a mixture of these fuels or one or more of these 

fuels mixed of with natural gas or liquefied petroleum gas with a heat input 

of less than:

(II) 10 million BTU per hour for which construction, modification, or 

reconstruction commenced after June 9, 1989; or

(III) 30 million BTU per hour for which construction, modification, or 

reconstruction commenced before June 10, 1989;
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WAC 173-400(4) de minimis emission 

units

 (v) ≤ 4,000,000 Btu/hr using natural gas, 

propane, or LPG.

 (d) Material handling:

 (i) Continuous digester chip feeders;

 (ii) Grain elevators not licensed as 

warehouses or dealers by either the 

Washington state department of agriculture 

or the U.S. Department of Agriculture;

 (iii) Storage and handling of water based 

lubricants for metal working where organic 

content of the lubricant is ≤ 10%;

 (iv) Equipment used exclusively to pump, 

load, unload, or store high boiling point 

organic material in tanks less than one 

million gallon, material with initial 

atmospheric boiling point not less than 

150°C or vapor pressure not more than 5 

mm mercury at 21°C, with lids or other 

appropriate closure.

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(c)(2)(B)(iv) fuel combustion equipment, except for internal combustion (b) How do I determine the increase in allowable emissions from a physical 

engines, firing exclusively natural gas or liquefied petroleum gas or a 

mixture of these fuels with a heat input rating less than 65 million BTU per 

hour;
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WAC 173-400(4) de minimis emission 

units

 (e) Water treatment:

 (i) Septic sewer systems, not including 

active wastewater treatment facilities;

 (ii) NPDES permitted ponds and lagoons 

used solely for the purpose of settling 

suspended solids and skimming of oil and 

grease;

 (iii) De-aeration (oxygen scavenging) of 

water where toxic air pollutants as defined 

in chapter 173-460 WAC are not emitted;

 (iv) Process water filtration system and 

demineralizer vents;

 (v) Sewer manholes, junction boxes, 

sumps and lift stations associated with 

wastewater treatment systems;

 (vi) Demineralizer tanks;

 (vii) Alum tanks;

 (viii) Clean water condensate tanks.

 (f) Environmental chambers and laboratory equipment:

 (i) Environmental chambers and humidity 

chambers using only gases that are not toxic 

air pollutants listed in chapter 173-460 

WAC;

 (ii) Gas cabinets using only gases that are 

not toxic air pollutants regulated under 

chapter 173-460 WAC;

 (iii) Installation or modification of a single 

laboratory fume hood;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 

(C)(1)(F) wastewater treatment processes: industrial wastewater treatment 

processes or municipal wastewater treatment processes for which there 

are no applicable requirements
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units

 (iv) Laboratory research, 

experimentation, analysis and testing at 

sources whose primary purpose and activity 

is research or education. To be exempt, 

these sources must not engage in the 

production of products, or in providing 

commercial services, for sale or exchange 

for commercial profit except in a de minimis 

manner. Pilot-plants or pilot scale processes 

at these sources are not exempt.

 (v) Laboratory calibration and 

maintenance equipment.

 (g) Monitoring/quality assurance/testing:

 (i) Equipment and instrumentation used 

for quality control/assurance or inspection 

purpose;

 (ii) Hydraulic and hydrostatic testing 

equipment;

 (iii) Sample gathering, preparation and 

management;

 (iv) Vents from emission monitors and 

other analyzers.

 (h) Miscellaneous:

 (i) Single-family residences and duplexes;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(c)(1)(C) laboratory activities: (b) How do I determine the increase in allowable emissions from a physical 

(i) bench-scale, on-site equipment used exclusively for chemical or physical 

analysis for quality control purposes, staff instruction, water or wastewater 

analyses, or non-production environmental compliance assessments;

(ii) bench-scale experimentation, chemical or physical analyses, training or 

instruction from not-for-profit, non-production educational

laboratories;

(iii) bench-scale experimentation, chemical or physical analyses, training ir 

instruction from hospitals or health laboratories pursuant to the 

determination or diagnosis of illness; or

(iv) research and development laboratory activities provided the activity 

produces no commercial product or feedstock material;

(c)(1)(J)(v) exit gases from in-line process analyzers

(c)(1)(E) (ii) residential wood stoves, heaters, or fireplaces; 

(c)(1)(E) (iii) hot water heaters which are used for domestic purposes only 

and are not used to heat process water 
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WAC 173-400(4) de minimis emission 

units

 (ii) Plastic pipe welding;

 (iii) Primary agricultural production 

activities including soil preparation, 

planting, fertilizing, weed and pest control, 

and harvesting;

 (iv) Comfort air conditioning;

 (v) Flares used to indicate danger to the 

public;

 (vi) Natural and forced air vents and 

stacks for bathroom/toilet activities;

 (vii) Personal care activities;

 (viii) Recreational fireplaces including the 

use of barbecues, campfires, and 

ceremonial fires;

 (ix) Tobacco smoking rooms and areas;

 (x) Noncommercial smokehouses;

 (xi) Blacksmith forges for single forges;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 

(c)(2)(E)(xii) animal operations not required to have control technology 

under 15A NCAC 2D.1800 ( If an animal operation is required to have 

control technology, it shall be required to have a permit under this 

Subchapter).

(c)(1)(B) air conditioning or ventilation: comfort air conditioning or comfort 

ventilating systems which do not transport, remove, or exhaust regulated 

air pollutants to the atmosphere; (c)(1)(E) 

combustion and heat transfer equipment:

(i) space heaters burning distillate oil, kerosene, natural gas, or liquefied 

petroleum gas operating by direct heat transfer and used solely for comfort 

heat;

(c)(1)(J)(vi) stacks or vents to prevent escape of sewer gases from domestic 

waste through

plumb traps
Page 98 of 110

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WAC 173-400(4) de minimis emission 

units

 (xii) Vehicle maintenance activities, not 

including vehicle surface coating;

 (xiii) Vehicle or equipment washing (see 

(c) of this subsection for threshold for 

boilers);

 (xiv) Wax application;

 (xv) Oxygen, nitrogen, or rare gas 

extraction and liquefaction equipment not 

including internal and external combustion 

equipment;

 (xvi) Ozone generators and ozonation 

equipment;

 (xvii) Solar simulators;

 (xviii) Ultraviolet curing processes, to the 

extent that toxic air pollutant gases as 

defined in chapter 173-460 WAC are not 

emitted;

 (xix) Electrical circuit breakers, 

transformers, or switching equipment 

installation or operation;

 (xx) Pulse capacitors;

 (xxi) Pneumatically operated equipment, 

including tools and hand held applicator 

equipment for hot melt adhesives;

 (xxii) Fire suppression equipment;

 (xxiii) Recovery boiler blow-down tank;

 (xxiv) Screw press vents;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 

(c)(1)(A)(iv) use of fire fighting equipment
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WAC 173-400(4) de minimis emission 

units

 (xxv) Drop hammers or hydraulic presses 

for forging or metal working;

 (xxvi) Production of foundry sand molds, 

unheated and using binders less than 0.25% 

free phenol by sand weight;

 (xxvii) Kraft lime mud storage tanks and 

process vessels;

 (xxviii) Lime grits washers, filters and 

handling;

 (xxix) Lime mud filtrate tanks;

 (xxx) Lime mud water;

 (xxxi) Stock cleaning and pressurized pulp 

washing down process of the brown stock 

washer;

 (xxxii) Natural gas pressure regulator 

vents, excluding venting at oil and gas 

production facilities and transportation 

marketing facilities;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
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units

 (xxxiii) Solvent cleaners less than 10 

square feet air-vapor interface with solvent 

vapor pressure not more than 30 mm 

mercury at 21°C where no toxic air 

pollutants as listed under chapter 173-460 

WAC are emitted;

 (xxxiv) Surface coating, aqueous solution 

or suspension containing ≤ 1% (by weight) 

VOCs, or ≤ 1% (by weight) toxic air 

pollutants as listed in chapter 173-460 WAC;

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
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WAC 173-400(4) de minimis emission 

units

 (xxxv) Cleaning and stripping activities 

and equipment using solutions having ≤ 1% 

VOCs (by weight) or ≤ 1% (by weight) toxic 

air pollutants. Acid solutions used on 

metallic substances are not exempt;

 (xxxvi) Dip coating operations, using 

materials less than 1% VOCs (by weight) or 

≤ 1% (by weight) toxic air pollutants as 

listed in chapter 173-460 WAC.

 (xxxvii) Abrasive blasting performed 

inside a booth or hangar designed to 

capture the blast grit or overspray.

 (xxxviii) For structures or items too large 

to be reasonably handled indoors, abrasive 

blasting performed outdoors that employs 

control measures such as curtailment 

during windy periods and enclosure of the 

area being blasted with tarps and uses 

either steel shot or an abrasive containing 

less than one percent (by mass) which 

would pass through a No. 200 sieve.

 (xxxix) Stationary emergency internal 

combustion engines with an aggregate 

brake horsepower that is less than or equal 

to 500 brake horsepower.

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 

(c)(2)(B)(iv) emergency use generators and other internal combustion 

engines not regulated by rules adopted under Title II of the federal Clean 

Air Act, except self-propelled vehicles, that have a rated capacity of no 

more than:

i. 310 kilowatts (electric) or 460 horsepower for natural gas-fired engines,

ii. 830 kilowatts (electric) or 1150 horsepower for liquefied petroleum gasfired engines,

iii. 270 kilowatts (electric) or 410 horsepower for diesel-fired or kerosenefired engines; or

iv. 21 kilowatts (electric) or 31 horsepower for gasoline-fired engines;

v. portable generators and other portable equipment with internal 

combustion engines not regulated by rules adopted under Title II of the 

federal Clean Air Act, except self propelled vehicles, that operate at the 

facility no more than a combined 350 hours for any 365-day period 

provided the generators or engines have a rated capacity of no more than 

750 kilowatt (electric) or 1100 horsepower each and provided records are 

maintained to verify the hours of operation;

vi. peak shaving generators that produce no more than 325,000 kilowatthours of electrical energy for any 12-month period provided records are 

maintained to verify the energy production on a monthly basis and on a 12-

month basis
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WAC 173-400(4) de minimis emission 

units

 (xl) Gasoline dispensing facilities with 

annual gasoline throughputs less than those 

specified in WAC 173-491-040 (4)(a). 

Gasoline dispensing facilities subject to 

chapter 173-491 WAC are exempt from 

toxic air pollutant analysis pursuant to 

chapter 173-460 WAC.

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

((c)(1)(G)gasoline distribution: gasoline service stations or gasoline (b) How do I determine the increase in allowable emissions from a physical 

dispensing facilities;

(c)(1)(H)dispensing equipment: equipment used solely to dispense diesel 

fuel, kerosene, lubricants or cooling oils

A permit is required for: 001.03 Any incinerator 

used for refuse disposal or for the processing of salvageable materials 

except refuse incinerators located on residential premises containing five 

or less dwelling units used only for the disposal of residential waste 

generated on the said property.

(c)(1)(I) solvent recycling: portable solvent distillation systems used for onsite solvent recycling if:

(i) the portable solvent distillation system is not:

(I)owned by the facility, and 

(II)operated at the facility for more than seven consecutive days; and

(ii) The material recycled of origin;

(J) processes:

(i) small electric motor burn-out ovens with secondary combustion 

chambers or afterburners;

(ii) small electric motor bake-on ovens;

(iii) burn-off ovens for paint-line hangers with afterburners;

(iv) hosiery knitting machines and associated lint screens, hosiery dryers 

and associated lint screens, and hosiery dyeing processes where bleach or 

solvent dyes are not used;

(v) blade wood planers planning only green wood;

(c)(1)(F) solid waste landfills: municipal solid waste landfills (This Part does 

not apply to flares and other sources of combustion at solid waste landfills);

(c)(1)(G)miscellaneous:

(i) motor vehicles, aircraft, marine vessels, locomotives, tractors or other 

selfpropelled vehicles with internal combustion engines;

(ii) non-self-propelled non-road engines, except generators, regulated by 

rules adopted under Title II of the federal Clean Air Act;

(iii) equipment used for the preparation of food for direct on-site human 

consumption;

(iv) a source whose emissions are regulated only under Section 112(r) or 

Title VI of the federal Clean Air Act;

(c)(1)(G) (vii) refrigeration equipment that is consistent with Section 601 

through 618 of Title VI (Stratospheric Ozone Protection) of the federal 

Clean Air Act, 40 CFR Part 82, and any other regulations promulgated by 

EPA under Title VI for stratospheric ozone protection, except those units 

used as or in conjunction with air pollution control equipment;

(viii) equipment not vented to the outdoor atmosphere with the exception 

of equipment that emits volatile organic compounds;

(ix) equipment that does not emit any regulated air pollutants;

(x) facilities subject only to a requirement under 40 CFR Part 63 (This 

Subpart does not apply when a control device is used to meet a MACT or 

GACT emission standard.);

(xi) sources for which there are no applicable requirements 
Page 103 of 110

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units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(C)(2)(D) processes: (b) How do I determine the increase in allowable emissions from a physical 

(i) graphic arts operations, paint spray booths or other painting or coating 

operations without air pollution control devices (water wash and filters that 

are an integral part of the paint spray booth are not considered air 

pollution control devices), and solvent cleaning operations located at a 

facility whose facility-wide actual emissions of: volatile organic compounds 

are less than five tons per year (Graphic arts operations, coating 

operations, and solvent cleaning operations are defined in 15a NCAC 2Q 

.0803) (ii) sawmills that saw no more than 

2,000,000 board feet per year provided only green wood is sawed;

(iii) perchloroethylene dry cleaners that emit less than 13,000 pounds of 

perchloroethylene per year;

(iv) electrostatic dry powder coating operations with filters or powder 

recovery systems including electrostatic dry powder coating operations 

equipped with curing ovens with a heat input of less than 10,000,000 BTU 

per hour;

(C)(2)(E) miscellaneous:

(i) any source without emissions would not violate any applicable standard

and whose potential emissions of particulate, sulfur dioxide, nitrogen

oxides, volatile organic compounds, and carbon monoxide before air

pollution control devices, i.e., potential uncontrolled emissions, are each

no more than five tons per year and whose potential emissions of

hazardous air pollutants are below their lesser quantity cutoff except;

(I) storage tanks,

(II) fuel combustion equipment,

(III) space heaters burning waste oil,

(IV) generators, excluding emergency generators, or other nonselfpropelled

internal combustion engines,

(V) bulk gasoline plants,

(VI) printing, paint spray booths, or other painting or coating

operations,

(VII) sawmills,

(VIII) perchloroethylene dry cleaners, or

(IX) electrostatic dry powder coating operations,

provided that the total potential emissions of particulate, sulfur dioxide,

nitrogen oxides, volatile organic compounds, and carbon monoxide from

the facility are each less than 40 tons per year and the total potential

emissions of all hazardous air pollutants are below their lesser quantity

cutoff emission rates or provided that the facility has an air quality permit;

(ii) any facility whose actual emissions of particulate, sulfur dioxide, 

nitrogen

oxides, volatile organic compounds, or carbon monoxide before air

pollution control devices, i.e., uncontrolled emissions, are each less than
Page 104 of 110

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WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
Page 105 of 110

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WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
Page 106 of 110

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WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
Page 107 of 110

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WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
Page 108 of 110

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WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
Page 109 of 110

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WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
Page 110 of 110

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WAC 173-400(4) de minimis emission 

units

P Q R

North Carolina SUBCHAPTER 2Q AIR QUALITY PERMITS 

SECTION NCAC 2Q.0100 GENERAL PROVISIONS

Title 129 - Nebraska Air Quality Regulations

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED

EPA Tribal Air Rule at 40 CFR 49.153(b)(3)

(b) How do I determine the increase in allowable emissions from a physical 
Virginia De minimis Exemption 

rates

New source exemption levels by emission 

rate.

Facilities not covered by subsection B or C 

of this section with uncontrolled emission 

rates less than all of the significant 

emission rates specified below shall be 

exempt from the requirements of 9 VAC 5-

80-10 pertaining to construction, 

reconstruction or relocation.
EMISSION RATES.

Carbon monoxide - 100 tons per year.

Nitrogen dioxide - 40 tons per year.

Sulfur dioxide - 40 tons per year.

Particulate matter (PM10) - 15 tons per 

year.

Volatile organic compounds - 25 tons per 

year.

Lead - 0.6 ton per year.
Modified source exemption levels by 

emission rate.

Facilities with increases in uncontrolled 

emission rates less than all of the emission 

rates specified below shall be exempt from 

the requirements of 9 VAC 5-80-10 

pertaining to modification.

EMISSION RATES.

Carbon monoxide - 100 tons per year. 

Nitrogen dioxide - 10 tons per year. 

Sulfur dioxide - 10 tons per year. 

Particulate matter (PM10) - 10 tons per 

year. 

Volatile organic compounds - 10 tons per 

year. Lead - 

0.6 ton per year.


Wisconson 
1,666 lb/month , 12 month average (10 tons/year) of each: PM, Nox, SO2, PM10 and VOC 10 

lb/month, 12 month average (0.06 ton/yr) of lead

(2)(b) PTE for SO2 or CO do not exceed 9.0 lb/hr each ( (39.4 tpy) (c)PTE for PM, Nox 

or VOC does not exceed 5.7 lb/hr each (25 tpy) (cm) PTE for PM10 does not exceed 

3.4 lb.hr (15 tpy) (cs) PTE for PM2.5 does not exceed 2.2 lb/hr (9.6 tpy) 

(d) PTE for lead does not exceed 0.13 lb/hr (0.6 tpy)

(f) Hazardous air pollutants based on emission rate, release height tables

Arkansas, CHAPTER 4: MINOR SOURCE REVIEW

Reg. 19.401 General Applicability

No person shall cause or permit the operation, construction, or 

modification of a stationary source, whose actual emissions are:
40 tons per year or more of carbon monoxide;

25 tons per year or more of nitrogen oxides;

25 tons per year or more of sulfur dioxide;

25 tons per year or more of volatile organic compounds;

10 tons per year or more of PMlo;

0.5 tons per year or more of lead;

1.0 ton per year or more of any single hazardous air pollutant; or

3.0 tons per year or more of any combination of hazardous air 

pollutants
without first obtaining a permit from the Department pursuant to 

the provisions of this chapter

Reg. 19.407 Permit Amendments
(C) De Minimis Changes

(1) A proposed change to a facility will be considered De Minimis 

if:

(a) minimal judgment is required to establish the permit 

requirements for the

change; and

(b) the change will result in a trivial environmental impact.

(2) The environmental impact of a proposed change generally will 

be considered trivial if the potential emissions fiom the change 

alone, without taking into account any corresponding emission 

reductions, will:
(a) be less than the following amounts:

(i) five (5) tons per year of carbon monoxide, nitrogen dioxide, 

PMlo,

and sulfur dioxide;

(ii) twenty (20) tons per year of volatile organic compounds; and

(iii) one-half (0.5) a ton per year of lead;

(b) or, result in an air quality impact less than:
Kansas K.A.R. 28-19-300 CONSTRUCTION PERMITS AND 

APPROVALS; APPLICABILITY

(a) Any person who proposes to construct or modify a stationary source or 

emissions unit shall obtain a construction permit before commencing such 

construction or modification if:
(1) the potential-to-emit of the proposed stationary source or emissions 

unit, or the increase in the potential-to-emit resulting from the 

modification, equals or exceeds the following:

(A) either 25 tons per year of particulate matter or 15 tons per year of 

PM10, except for any agricultural-related activity, in which case the 

emission level is 100 tons per year of particulate matter, including but not 

limited to PM10;

(B) 40 tons per year of sulfur dioxide or sulfur trioxide or a combination 

thereof;

(C) 100 tons per year of carbon monoxide;

(D) 40 tons per year of volatile organic compounds;

(E) 40 tons per year of oxides of nitrogen; or

(F) 0.6 tons per year of lead or lead compound;

(2) the emissions unit or stationary source is an affected source;
(3) the emissions unit or stationary source is a major source of hazardous 

air pollutants;

(b) Any person who proposes to construct or modify a stationary source or 

emissions unit who is not required to obtain a construction permit pursuant 

to K.A.R. 28-19-300(a), shall, before commencing construction or 

modification of the stationary source or emissions unit, obtain an approval 

from the department to commence such construction or modification if:

(1) the potential-to-emit of the proposed stationary source or emissions 

unit, or the increase in the potential-to-emit resulting from the 

modification, equals or exceeds one or more of the following:
(A) either 5 pounds per hour of particulate matter or 2 pounds per hour of 

PM10, except for any agricultural-related activity in which case the emission 

level is 5 pounds per hour of particulate matter, including but not limited to 

PM10;

(B) 2 pounds per hour of sulfur dioxide or sulfur trioxide or a combination 

thereof;

(C) 50 pounds per 24 hour period of carbon monoxide;

(D) 50 pounds per 24 hour period of volatile organic compounds, except 

when the stationary source or emissions unit is located in an area 

designated as a nonattainment area at 40 CFR 81.317 as in effect on July 1, 

1989 in which case approval is required if the emission level exceeds either 

15 pounds per 24 hour period or 3 pounds per hour;

(E) 50 pounds per 24 hour period of oxides of nitrogen calculated as 

nitrogen dioxide; or

(F) 0.1 pounds per hour of lead or lead compound;
(2) the secretary or an authorized representative of the secretary 

determines any other air contaminant emissions from the emissions unit or 

stationary source may cause or contribute to air pollution within the state 

because of its specific chemical or physical nature or because of the 

quantity discharged and if the department notifies the owner or operator of 

the emissions unit or stationary source of such determination prior to the 

commencement of the construction or modification of the emissions unit or 

stationary source;

(3) the source is not otherwise required to obtain a construction permit 

pursuant to K.A.R. 28-19-30(a) but is subject to:
Iowa

i. Construction, modification or alteration to equipment 

which will not result in a net emissions increase (as 

defined in 22.5(1)Af@) of more than 1.0 lb/hr of any 

regulated air pollutant (as defined in 22.100(455B)). 

Emission reduction achieved through the installation of 

control equipment, for which a construction permit has 

not been obtained, does not establish a limit to 

potential emissions.
Hazardous air pollutants (as defined in rule 22.100) are 

not included in this exemption except for those listed in 

Table 1. Further, the net emissions rate INCREASE must 

not equal or exceed the values listed in Table 1.

Table 1

Pollutant Ton/year

Lead 0.6

Asbestos 0.007

Beryllium 0.0004

Vinyl Chloride 1

Fluorides 3
This exemption is ONLY applicable to vertical discharges 

with the exhaust stack height 10 or more feet above the 

highest building within 50 feet. If a construction permit 

has been previously issued for the equipment or control 

equipment, the conditions of the construction permit 

remain in effect. In order to use this exemption, the 

facility must comply with the information submission to 

the department as described above.

w. Small unit exemption.

(1) “Small unit” means any emission unit and associated 

control (if applicable) that emits less than the following:
1. 40 pounds per year of lead and lead compounds 

expressed as lead;

2. 5 tons per year of sulfur dioxide;

3. 5 tons per year of nitrogen oxides;

4. 5 tons per year of volatile organic compounds;

5. 5 tons per year of carbon monoxide;

6. 5 tons per year of particulate matter (particulate 

matter as defined in 40 CFR Part 51.100(pp));

7. 2.5 tons per year of PM10; or

8. 5 tons per year of hazardous air pollutants (as 

defined in rule 22.100(455B)).

For the purposes of this exemption, “emission unit” 

means any part or activity of a stationary source that 

emits or has the potential to emit any pollutant subject 

to regulation under the Act. This exemption applies to 

existing and new or modified “small units.”

An emission unit that emits hazardous air pollutants (as 

defined in rule 22.100(455B)) is not eligible for this 

exemption if the emission unit is required to be 

reviewed for compliance with 567—subrule 23.1(3), 

emission standards for hazardous air pollutants (40 CFR 

61, NESHAP), or 567—subrule 23.1(4), emission 

standards for hazardous air pollutants for source 

categories (40 CFR 63, NESHAP).

An emission unit that emits air pollutants that are not 

regulated air pollutants as defined in rule 22.100(455B) 

shall not be eligible to use this exemption.

Georgia 391-3-1-.03(6)

(i) Other

1. Facilities where the combined emissions from all non-exempt source 

activities [i.e., not listed in 391-3-1-.03(6)(a)-(h)] are below the following for all 

pollutants:

(i) 50 tons per year of carbon monoxide;

(ii) 300 pounds per year of lead total; with a 3.0 pound per day maximum 

emission;

(iii) 20 tons per year of particulate matter, PM10, or sulfur dioxide;

(iv) 20 tons per year of nitrogen oxides or VOCs except in the counties of 

Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Henry, Paulding, or Rockdale, where less than 5 tons per year of 

nitrogen oxides or VOCs is exempted; and

(v) 2 tons per year total with a 15 pound per day maximum emission of any 

single hazardous air pollutant and less than 5 tons per year of any combination 

of hazardous air pollutants.




Missouri, 10 CSR 10-6-.061 Constructin Permit Exemptions

(3)(A)3.Construction or modifications are exempt from

10 CSR 10-6.060 if they meet the requirements of subparagraphs (3)(A)3.B. of this rule for each hazardous air 

pollutant and the requirements of subparagraph (3)(A)3.A., (3)(A)3.C. or (3)(A)3.D. of this rule for each criteria 

pollutant. The director may require review of construction or modifications otherwise exempt under paragraph 

(3)(A)3. of this rule if the emissions of the proposed construction or modification will appreciably affect air 

quality or the air quality standards are appreciably exceeded or complaints involving air pollution have been filed 

in the vicinity of the proposed construction or modification.

A. At maximum design capacity the proposed construction or modification shall emit each pollutant at a rate of 

no more than the amount specified in Table 1.




NEBRASKA ADMINISTRATIVE CODE Title 129 - Department of 

Environmental Quality

Chapter 17 - CONSTRUCTION PERMITS - WHEN REQUIRED
001 No person shall cause the construction, reconstruction, or 

modification at any of the following without first having 

obtained a construction permit from the Department in the 

manner prescribed by this Chapter:

001.01 Any stationary source or emission unit, such that there is 

a net increase in potential emissions at the stationary source 

equal to or exceeding the following levels:

001.01A Fifteen (15) tons/year of PM10 emissions.

001.01B Forty (40) tons/year of sulfur dioxide (SO2) or sulfur 

trioxide (SO3), or any combination of the two.

001.01C Forty (40) tons/year of oxides of nitrogen (calculated as 

NO2).

001.01D Forty (40) tons/year of volatile organic compounds 

(VOC).

001.01E Fifty (50) tons/year of carbon monoxide.

001.01F Six-tenths (0.6) tons/year of lead.

001.01G Two and one-half (2.5) tons/year of any hazardous air 

pollutant or an aggregate of ten (10) tons/year of any hazardous 

air pollutants, including all associated fugitive emissions (see 

Chapter 27, section 003).



EPA national Tribal Air rule 40 CFR 49.153(b)(3)

Table 1 to § 49.153—Minor NSR Thresholds a
Minor NSR Minor NSR

thresholds 

for

thresholds for

nonattainme

nt areas

attainment 

areas

(tpy) (tpy)

Carbon monoxide (CO) 5 10

Nitrogen oxides (NOX) 5 b 10

Sulfur dioxide (SO2) 5 10

Volatile Organic Compounds (VOC) 2 b 5

Regulated NSR pollutant
PM 5 10

PM10 1 5

PM2.5 0.6 3

Lead 0.1 0.1
Fluorides NA 1

Sulfuric acid mist NA 2

Hydrogen sulfide (H2S) NA 2

Total reduced sulfur (including H2S) NA 2

Reduced sulfur compounds (including H2S) NA 2

Municipal waste combustor emissions NA 2
Municipal solid waste landfill emissions (measured as 

nonmethane organic compounds)

NA 10

b

 In extreme ozone nonattainment areas, section 182(e)(2) of the Act requires any change 

a

 If part of a Tribe's area of Indian country is designated as attainment and another part as