# E C 

# / R Incorporated Providing Environmental Technical Support Since 198 9

501 Eastowne Drive, Suite 250  Chapel Hill, North Carolina 27514 Telephone: (919) 484-0222  Fax: (919) 484-0122 

### MEMORANDUM

DATE: January 27, 2011

TO: Docket No. EPA-HQ-OAR-2003-0076

Review of New Sources and Modifications in Indian Country

FROM: Stephen Edgerton, EC/R Incorporated

SUBJECT: Information Compiled on State and Local Minor New Source Review Programs

1.0 Purpose

The U.S. Environmental Protection Agency (EPA) is finalizing federal minor new source review (NSR) and nonattainment major NSR rules to f ill regulatory gaps in Indian country. In recent years, EC/R has supported EPA in this regula tory development effort by compiling and summarizing information about various aspects of se lected state and local minor NSR programs. The purpose of this memorandum is to gather this in formation together for submission to the rulemaking docket.

2.0 Methodology

The information attached to this memorandum was ga thered primarily from state and local agency web sites where the agencies’ regulati ons and permitting forms and guidance are made available to the public. An additional source for the information in Attachment 1 is a 1997 report prepared by Midwest Research Institute for E PA titled Review of State and Local Agencies’ New Source Preconstruction Permit Program s for Minor Sources (referred to in Attachment 1 as the “MRI Report”), Docket ID No. EP A-HQ-OAR-2003-0076-0002.

Attachments

### ATTACHMENT 1

STATE MINOR NSR RULES Information on Selected Topics

### Date: Thu, 05 Feb 2009 09:20:25 -0500

To: Jessica Montañez From: Stephen Edgerton Subject: minor NSR data for Tribal rule Cc: Pam Lon g

Jessica,

The attached table shows the information we've pull ed together thus far.

I've color coded it as follows:

Grey highlighted material was taken directly from the MRI Report an d has not yet been verified. Regarding exemptions, it has tended to b e basically correct and up-to-date with only minor changes in the intervening years. AQIA infor mation has been inconsistent. In some cases, the information in the MRI Report does not r eally relate to AQIAs for minor NSR or even to AQIAs at all. The MRR information from the MRI Report was taken from the sections on Permit Conditions since it did not directly address MRR.

Blue highlighted material has been compiled by EC/R, but has not ye t been QA'ed to verify accuracy. This is in the areas of Construction and Reconstruction, where we have not in all cases verified whether the definitions apply to minor NSR as well as major NSR. For Reconstruction, there are likely cases where they don't apply to NS R at all, but are defined for NSPS and/or

NESHAP.

Unhighlighted material has been compiled by EC/R and QA'ed.

Please take a look, and then let's talk to see how you would like us to proceed.

Stephen Edgerton EC/R IncorporatedEC/R DRAFT

2/4/09

1 

### STATE MINOR NSR RULES Information on Selected Topics

State Definition of Construct/Construction

Alaska [Bottom Line: Minor NSR uses EPA's major NSR definitio ns.]

18 AAC 50.990. Definitions . In this chapter

* * * * * (25) "construct" or "construction" has the meaning given to “construction” in AS 46.14.990;

* * * * *

AS 46.14.990. Definitions. [This is the statute .]

* * * * * 6. "construction" has the meaning given in 40 C.F.R. 51.1 66(b);

* * * * *

[40 CFR 51.166(b)(8) Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demo lition, or modification of an emissions unit) that would result in a change in emissions. ]

[18 AAC 50.040 "Federal standards adopted by reference" adopts m ost of the definitions of 40 CFR 52.21 and 51.165, with some exceptions (e.g., "constru ction" which is defined in the statute by citing 51.166, as shown above). This includes " begin actual construction."]

[18 AAC 50.502 "Minor permits for air quality protection " states that o/o must obtain a minor permit "before beginning actual construction of a new stationary source" and "before beginning a physical change to or a change in the method of operation of an existing stationary source." 18 AAC 50.502(c)(1), (2), and (3)]EC/R DRAFT

2/4/09

2 

### State Definition of Construct/Construction

Arizona:
Maricopa
County [Bottom Line: Minor NSR essentially uses EPA's major NS R definitions, with the addition of

definitions related to "physical change or change in the method of operation."]

REGULATION I – GENERAL PROVISIONS

RULE 100
GENERAL PROVISIONS AND DEFINITIONS
SECTION 200 – DEFINITIONS
200.33 CONSTRUCTION - Any physical change or change in the method of operation, including fabrication, erection, or installation, demolition, or modification of an emissions unit, which would result in a change in actual emissions.
200.65 MODIFICATION - A physical change in or a change in the method of operation of a source which increases the actual emissions of any regulated air p ollutant emitted by such source by more than any relevant deminimis amount, or which results in the emission of any regulated air pollutant not previously emitted by more tha n such deminimis amount.
200.79 PHYSICAL CHANGE - Any replacement, addition, or alteration of equipment that i s not already allowed under the terms of the source's permit.
200.64 METHOD OF OPERATION - The definition of method of operation is included in Section 200.72-Definition Of Operation of this rule.
200.72 OPERATION - Any physical action resulting in a change in the location, fo rm, or physical properties of a material, or any chemical action resulti ng in a change in the chemical composition or properties of a material. [Also has definitions of "commence" (verbatim from EPA's maj or NSR rules, including applying only to major sources and major modifications) and "begin actual construction," but not "necessary preconstruction approvals or permits."

REGULATION II – PERMITS AND FEES RULE 200 – PERMIT REQUIREMENTS

SECTION 300 – STANDARDS 301 PERMITS REQUIRED: Except as otherwise provided in these rules, no person shall commence construction of, operate, or make a modification to any source subject to regulation under these rules, without first obtaining a permit or perm it revisions from the Control Officer.



### California

Feather

River

AQMD The AQMD rules do not define "construction." The rules do not contain EPA's definitions

related to when construction commences.

The rules state "No person shall cause or permit the constructio n or modification of any source without first obtaining, as required by regulations, an Au thority to Construct or modify from the Air Pollution Control Officer (APCO) so as to comply with applicable rules and regulations and ambient air quality standards."EC/R DRAFT

2/4/09

3 

### State Definition of Construct/Construction

Colorado [Bottom Line: Colorado specifies activities that can be perfor med before a permit is obtained.]

Regulation Number 3
PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING

AND PERMITTING I. Applicability

I.B. Definitions I.B.10. Commence, also Commence Construction When the owner or operator has obtained all necessary pre-constr uction approvals or permits required by federal, state, or local air pollution and air quali ty laws and regulations and has either; (a) begun, or caused to begin, a continuous program of physical onsite construction of the source, or (b) entered into binding agreements or contractu al obligation that cannot be

cancelled or modified without substantial loss to the owner o r operator, to undertake a program of actual construction of the source to be completed within a r easonable time. The following activities do not require the owner or operator to obtain a perm it: 1) planning; 2) site clearing and grading; 3) ordering of equipment and materials ; 4) storing of equipment; 5) setting up temporary trailers to house construction managemen t staff and contractor personnel; 6) engineering and design; and 7) geotechnical inv estigation. In the event that the source does not qualify for issuance of a permit, the ow ner or operator accepts the financial risk of commencing these activities.

PART B CONCERNING CONSTRUCTION PERMITS II. General Requirements For Construction Permits

II.A. General Considerations II.A.1. Except where specifically authorized by the terms of th is Regulation Number 3, no person shall commence constructio n of any stationary source or modification of a stationary source without first obtaining or having a valid constructi on permit from the Division.

* * * * *

COMMON PROVISIONS REGULATION I. DEFINITIONS, STATEMENT OF INTENT, AND GENERAL PR OVISIONS

APPLICABLE TO ALL EMISSION CONTROL REGULATIONS ADOP TED BY THE COLORADO AIR QUALITY CONTROL COMMISSION

I.G. Definitions
CONSTRUCTION Except as listed below or unless defined differently for a sp ecific regulation, construction means the fabrication, erection, install ation, or modification of an air pollution source. For Prevention of Significant Deterioratio n and New Source Review purposes, construction means any physical change or change in t he method of operation (including, but not limited to, fabrication, erection, inst allation, demolition, or modification of an emissions unit) which would result in a change in actual emi ssions.EC/R DRAFT

2/4/09

4 

### State Definition of Construct/Construction

Florida [Bottom Line: Generally uses definitions consistent with E PA's major NSR definitions

(although organized a little differently), but includes addit ional activities that are, and are not, considered construction.]

CHAPTER 62-210 STATIONARY SOURCES - GENERAL REQUIRE MENTS

62-210.200 Definitions. (94) “Construction” – (a) The act of performing on-site fabrication, erection, install ation or modification of an emissions unit or facility of a permanent nature, including installation of foundations or building supports; laying of underground pipe work or electri cal conduit; and fabrication or installation of permanent storage structures, component pa rts of an emissions unit or facility, associated support equipment, or utility connecti ons. Land clearing and other site preparation activities are not a part of the construction activ ities. (b) For the purposes of Rules 62-212.300 [General Preconstr uction Review Requirements], 62- 212.400 [PSD], 62-212.500 [NA NSR], and 62-212.720 [ PAL permits], F.A.C., construction means any physical change or change in the method of operation (i ncluding fabrication, erection, installation, or modification of an emissions unit ) that would result in a change in

emissions. (c) For the purposes of the provisions of 40 CFR Parts 6 0 and 61, adopted by reference in Rule 62-204.800, F.A.C., construction means fabrication, erection , or installation of an affected facility. (d) For the purposes of the provisions of 40 CFR Part 6 3, adopted by reference in Rule 62- 204.800, F.A.C., construction means the on-site fabrication , erection, or installation of an

affected source. Construction does not include the removal of all equipment comprising an affected source from an existing location and reinstallation of s uch equipment at a new location. The owner or operator of an existing affected source t hat is relocated may elect not to reinstall minor ancillary equipment including piping, ductwo rk, and valves. However, removal

and reinstallation of an affected source will be construed as reco nstruction if it satisfies the

criteria for reconstruction as defined in this section. The cos ts of replacing minor ancillary equipment must be considered in determining whether the existin g affected source is

reconstructed.

62-210.300 Permits Required. * * * (1) Air Construction Permits. (a) Unless exempt from permitting pursuant to paragraph 62-2 10.300(3)(a) or (b), F.A.C., or Rule 62-4.040, F.A.C., an air construction permit shall be obtained by the owner or operator of any proposed new, reconstructed, or modified facility or emiss ions unit, or any new pollution control equipment prior to the beginning of construction , reconstruction pursuant to 40 CFR 60.15 or 63.2, or modification of the facility or emissi ons unit or addition of the air pollution control equipment; or to establish a PAL; in accordance with all applicable provisions of this chapter, Chapter 62-212, F.A.C., and Chapter 62-4, F.A.C.

* * * * *



### Idaho [Bottom Line: Rules includes definitions that are consistent with EPA's major NSR definitions, but also have specific procedures to obtain approval to commence con struction, at the source's risk, prior to obtaining the permit to construct for no n-major sources and modifications.]

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION I N IDAHO
006.GENERAL DEFINITIONS.

22. Commence Construction or Modification- In general, this means initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activitiesEC/R DRAFT

2/4/09

5 

### State Definition of Construct/Construction

include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage s tructures. With respect to a change in method of operation, this term refers to those on-s ite activities, other than preparatory activities, which mark the initiation of the change.

24. Construction- Fabrication, erection, installation, or m odification of a stationary source or facility.

007.DEFINITIONS FOR THE PURPOSES OF [CONSTRUCTION P ERMITS] AND [OPERATING PERMITS FOR NON-TITLE V SOURCES].

03. Begin Actual Construction- Commence construction.

201.PERMIT TO CONSTRUCT REQUIRED. No owner or operator may commence construction or modificatio n of any stationary source, facility, major facility, or major modification without fi rst obtaining a permit to construct from the Department which satisfies the requirements of Sections 200 through 228 unless the source is exempted in any of Sections 220 through 223, or the ow ner or operator complies with Section 213[see below] and obtains the required permit to con struct, or the owner or operator complies with Sections 175 through 181 [Facility Emission s Cap provisions], or the source operates in accordance with all of the applicable provisions of a p ermit by rule.

213.PRE-PERMIT CONSTRUCTION. This section describes how owners or operators may commence cons truction or modification of certain stationary sources before obtaining the required permit to construct. (3-23-98) 01. Pre-Permit Construction Eligibility . Pre-permit construction approval is available for non-major sources and non-major modifications and for new s ources or modifications proposed in accordance with Subsection 213.01.d. Pre-permit constructi on is not available for any new source or modification that: uses emissions netting to stay below major source levels; uses optional offsets pursuant to Section 206; or would have an adverse impact on the air quality related values of any Class I area. Owners or operators may ask the Department for the ability to commence construction or modification of qualifying sources under Section 213 before receiving the required permit to construct. To obtain the Depart ment’s pre-permit construction approval, the owner or operator shall satisfy the followin g requirements: (4-5-00)

a. The owner or operator shall apply for a permit to construct in accordance with Subsections 202.01.a., 202.02, and 202.03 of this chapter. (3-23-98)

b. The owner or operator shall consult with Department representat ives prior to submitting a pre-permit construction approval application. (3-23-98)

c. The owner or operator shall submit a pre-permit constructio n approval application which must contain, but not be limited to: a letter requesting the ability to construct before obtaining the required permit to construct, a copy of the notice referenced i n Subsection 213.02; proof of eligibility; process description(s); equipment list(s); pr oposed emission limits and modeled ambient concentrations for all regulated air pollutants and toxi c air pollutants, such that they demonstrate compliance with all applicable air quality rules and reg ulations. The models shall

be conducted in accordance with Subsection 202.02 and with wri tten Department approved protocol and submitted with sufficient detail so that model ing can be duplicated by the Department. (4-11-06)

d. Owners or operators seeking limitations on a source’s potent ial to emit such that permitted emissions will be either below major source levels or below a s ignificant increase must describe in detail in the pre-permit construction application t he proposed restrictions and certifyEC/R DRAFT

2/4/09

6 

### State Definition of Construct/Construction

in accordance with Section 123 that they will comply with the restrictions, including any applicable monitoring and reporting requirements. (3-23-98)
02. Permit to Construct Procedures for Pre-Permit Construction . (3-23-98)

a. Within ten (10) days after the submittal of the pre-permit construction approval application, the owner or operator shall hold an informational meeting in at least one (1) location in the region in which the stationary source or facility is to be lo cated. The informational meeting shall be made known by notice published at least ten (10) days before the meeting in a newspaper of general circulation in the county(ies) in which th e stationary source or facility is to be located. A copy of such notice shall be included in the application. (3-23-98)

b. Within fifteen (15) days after the receipt of the pre-permit co nstruction approval application, the Department shall notify the owner or operator in writin g of pre-permit construction approval or denial. The Department may deny the pre-permit con struction approval application for any reason it deems valid. (3-23-98)

c. Upon receipt of the pre-permit construction approval letter i ssued by the Department, the owner or operator may begin construction at their own risk as identified in Subsection 213.02.d. Upon issuance of the pre-permit construction approval letter, any and all potential to emit limitations addressed in the pre-permit construction applicati on pursuant to Subsection 213.01.d. shall become enforceable. The owner or operator shall not operate those emissions units subject to permit to construct requirements in accordance w ith Section 200 unless and until issued a permit pursuant to Section 209. (5-3-03)

d. If the pre-permit construction approval application is determi ned incomplete or the permit to construct is denied, the Department shall issue an incompletenes s or denial letter pursuant to Section 209. If the Department denies the permit to construct, then the owner or operator shall

have violated Section 201 on the date it commenced construction as defined in Section 006. The owner or operator shall not contest the final permit to co nstruct decision based on the fact that they have already begun construction. (3-23-98)



### Minnesota "Begin actual construction" means, in general, initiation of ph ysical, on-site construction,

reconstruction, or modification activities on an emissions un it which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of perman ent storage structures. Such activities do not include site clearing and grading or enterin g into binding agreements or contractual obligations. With respect to a change in method of operating, this term refers to those on-site activities, other than preparatory activities, whi ch mark the initiation of the change. Owners or operators that undertake these activities prior to obtaining any required permits do so at their own risk; a permit may not be issu ed or may not contain the terms the applicant desires.

"Construction" means fabrication, erection, or installation o f an emission facility, emissions unit, or stationary source. Construction also includes excav ation, blasting, removing rock and soil, and/or backfilling unless the administrator deems thes e activities to be of minimal cost, do not significantly alter the site, and are not permanent in nat ure. Construction does not include site clearing or grading.



### MontanaEC/R DRAFT

2/4/09

7 

### State Definition of Construct/Construction

Nebraska "Begin actual construction" means in general, initiation of phy sical on-site construction

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and f oundations, laying of underground pipework, and construction of permanent storage structures. Wi th respect to a change in method of operating this term refers to those on-site activities oth er than preparatory activities which mark the initiation of the change.

"Commence" as applied to construction, reconstruction, or modi fication of a stationary source means that the owner or operator has all necessary preconstruction approvals and either has:

031.01 Begun, or caused to begin, a continuous program of physical on-site construction of the source to be completed within a reasonable t ime; or

031.02 Entered into binding agreements or contractual obligations, w hich cannot be

cancelled or modified without substantial loss to the owner o r operator, to undertake a program of construction of the source to be completed within a reasonable time.

"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modificat ion of an emissions unit) which would result in a change in actual emissions (a change in “emissi ons” for the Prevention of Significant Deterioration Program).



### Nevada “Construction” defined. ( NRS 445B.210 ) “Construction” means any physical change or

change in the method of operation of an emission unit, inclu ding, without limitation, the fabrication, erection, installation or modification of an emis sion unit.



### New

Mexico "Commencement" means that an owner or operator has undertaken a cont inuous program of

construction or modification.

Construction" means fabrication, erection, installation or relo cation of a stationary source, including but not limited to temporary installations and p ortable stationary sources.



### North

Dakota

Oklahoma "Commence" means, unless specifically defined otherwise, that the o wner or operator of a

facility to which neither a NSPS or NESHAP applies has begun the construction or installation of the emitting units on a pad or in the final location at the facility.

"Construction" means, unless specifically defined otherwise, fab rication, erection, or

installation of a source.



### Oregon [Bottom Line: Minor NSR rules contain nothing specific on when "construction" begins or

what can be done on site before the permit is issued.]

340-200-0020 General Air Quality Definitions As used in divisions 200 through 268 [the air rules], u nless specifically defined otherwise:

* * * * * (25) "Construction": (a) Except as provided in subsection(b) of this section means any physical change including, but not limited to, fabrication, erection, installation, dem olition, or modification of a source orEC/R DRAFT

2/4/09

8 

### State Definition of Construct/Construction

part of a source; (b) As used in OAR 340 division 224 [major NSR] means any physical change including, but not limited to, fabrication, erection, installation, demoliti on, or modification of an emissions unit, or change in the method of operation of a source which would result in a change in actual

emissions.

[Also includes definition for "commence or commencement" that p arallels the major NSR definition, but no major NSR definition for "begin actual construction" or "necessary preconstruction approvals or permits." Does not use the term "commence" in any of the provisions that apply to minor NSR, so not clear that thi s term has any force in minor NSR. In addition, "commence" is used in the major NSR rules only i n connection with commencing

construction within 18 months and with reevaluation of BAC T/LAER for phased construction projects, not in a general prohibition of construction wit hout a permit.]

Notice of Construction and Approval of Plans

340-210-0215 Requirement (1) New Stationary Sources. No person is allowed to construct , install, or establish a new stationary source that will cause an increase in any regulated pol lutant emissions without first notifying the Department in writing. (2) Modifications to Stationary Sources. No person is allo wed to make a physical change or change in operation of an existing stationary source that will cause an increase, on an hourly basis at full production, in any regulated pollutant emissio ns without first notifying the Department in writing. (3) Air Pollution Control Equipment. No person is allo wed to construct or modify any air pollution control equipment without first notifying th e Department in writing.

["Construction" defined above. No definitions for "instal l," "establish," or "physical changes or change in operation." No specification of when construction beg ins.]

340-210-0225 Types of Construction/Modification Changes [Establishes Types 1 – 4, ranging from Type 1 with emissi on increases no greater than de minimis (which is a defined level; e.g., 1 tpy for criteria p ollutants other than lead) up to Type 4 which involve significant emissions (defined as in major NSR ).

340-210-0230
Notice to Construct

* * * * * Any person proposing a Type 1 or 2 change must provide notice to the Department before constructing or modifying a stationary source or air pollut ion control equipment.

* * * * * Any person proposing a Type 3 or 4 change must submit an application for either a construction ACDP, new permit, or permit modification, whi chever is appropriate.

* * * * *

340-210-0240 Construction Approval [Type 1 and 2 changes may "proceed with construction or mod ification" 10 or 60 days after submitting their notices, respectively.] (c) For Type 3 changes, the owner or operator must obtain eith er a Construction ACDP or a new or modified Standard ACDP in accordance with OAR chapter 340 division 216 beforeEC/R DRAFT

2/4/09

9 

### State Definition of Construct/Construction

proceeding with the construction or modification. (d) For Type 4 changes, the owner or operator must obtain a n ew or modified Standard ACDP before proceeding with the construction or modification.

* * * * * [ACDP = air contaminant discharge permit]

340-210-0250 Approval to Operate (1) The approval to construct does not provide approval to operate the constructed or modified stationary source or air pollution control equipment unless otherwise allowed by either the ACDP or Oregon Title V Operating Permit programs [Varying requirements depending on the change Type]



### South

Dakota Begin actual construction means in general, initiation of physi cal on-site construction activities

on an emissions unit which are of a permanent nature. Such activi ties include, but are not limited to, installation of building supports and fou ndations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other t han preparatory activities which mark the initiation of the change.

Commence as applied to construction of a major stationary sour ce or major modification means that the owner or operator has all necessary preconstruction appr ovals or permits and either has:

(A) Begun, or caused to begin, a continuous program of act ual on-site construction of the source, to be completed within a reasonable time; or

(B) Entered into binding agreements or contractual obligation s, which cannot be canceled or modified without substantial loss to the owner or operator , to undertake a program of actual construction of the source to be completed within a reasonable t ime.

(Above is a major NSR definition.)

Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modificat ion of an emissions unit) that would result in a change in emissions.EC/R DRAFT

2/4/09

10 

### State Definition of Construct/Construction

Texas Begin actual construction--In general, initiation of physical o n-site construction activities on an

emissions unit that are of a permanent nature. Such activities i nclude, but are not limited to, installation of building supports and foundations, layin g of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than prepar atory activities that mark the initiation of the change.

Commence--As applied to construction of a major stationary s ource or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and

either has: (A) begun, or caused to begin, a continuous program of actu al on-site construction of the source, to be completed within a reasonable time; or (B) entered into binding agreements or contractual obligations , which cannot be canceled or modified without substantial loss to the owner or operator , to undertake a program of actual construction of the source to be completed within a reasonable t ime.

Construction--Any physical change or change in the method of o peration (including fabrication, erection, installation, demolition, or modificat ion of an emissions unit) that would result in a change in actual emissions.EC/R DRAFT

2/4/09

11 

### State Definition of Construct/Construction

Utah [Bottom Line: Minor NSR rules contain nothing specific on when "construction" begins or

what can be done on site before the permit is issued.]

Rule R307-401. Permit: New and Modified Sources.
R307-401-2 Definitions [which supersede definitions in other sections for purposes of construction permitting (including minor NSR), unless fu rther superseded in other permitting sections (PSD, NAAs)]

"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modificat ion of an emissions unit) that would result in a change in emissions . [This definition supersedes the definition in R307-101 -2 below.]

[R307-401-5 states "Except as provided in [exemption provis ions], any person subject to R307- 401 shall submit a notice of intent [i.e., application] to t he executive secretary and receive an approval order [i.e., permit] prior to initiation of construction, modification or relocation." "Initiation" and "relocation" are not defined anywhere in the r ules. "Modification" is defined in

R307-101-2 as indicated below.

Rule R307-101. General Requirements.
R307-101-2 Definitions [which apply generally across the air program un less superseded in another section (as in R307-401)]

"Modification" means any planned change in a source which resul ts in a potential increase of

emission.

[ R307-101-2 includes a definition of "construction" that differs slightly from the R307-401-2 definition and the definition in EPA's major NSR rules, a s follows: "Construction" means any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modificat ion of a source which would result in a change in actual emissions

. Not clear where this definition has any effect. Also has a definition of "commence," which is identical to EP A major NSR rules, but no definition of "necessary preconstruction approvals or permits" or "begin actual construction" as are found in EPA's major NSR rules.]EC/R DRAFT

2/4/09

12 

### State Definition of Construct/Construction
Washington "Begin actual construction" means, in general, initiation of ph ysical on-site construction

activities on an emission unit which are of a permanent nature. S uch activities include, but are not limited to, installation of building supports and f oundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities othe r than preparatory activities which mark the initiation of the change.

"Commence" as applied to construction, means that the owner or o perator has all the necessary preconstruction approvals or permits and either has: (i) Begun, or caused to begin, a continuous program of actu al on-site construction of the source, to be completed within a reasonable time; or (ii) Entered into binding agreements or contractual obligatio ns, which cannot be cancelled or modified without substantial loss to the owner or operator , to undertake a program of actual construction of the source to be completed within a reasonable t ime. (b) For the purposes of this definition, "necessary preconst ruction approvals" means those permits or orders of approval required under federal air qualit y control laws and regulations, including state, local and federal regulations and orders contai ned in the SIP.



### Wisconsin “Commence construction” means to engage in a program of on−site con struction, including a

site clearance, grading, dredging or landfilling specifically desi gned for a stationary source in preparation for the fabrication, erection or installation of th e building components of the stationary source.


### Wyoming “Begin actual construction” means, in general, initiation of phy sical on-site construction

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and f oundations, laying of underground pipework, and construction of permanent storage structures. W ith respect to a change in method of operation this term refers to those onsite activities, oth er than preparatory activities, which mark the initiation of the change.

“Commenced”, as applied to construction of a major stationary source or major

modification , means that the owner or operator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, or caused to beg in, a continuous program of actual on-site construction of the source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without sub stantial loss to the owner or operator, to undertake a program of construction of the source to be completed within a

reasonable time.

“Construction” means any physical change or change in the method o f operation (including fabrication, erection, installation, demolition, or modificat ion of an emissions unit) which would result in a change in emissions.EC/R DRAFT

2/4/09

13 

### State Definition of Reconstruct/Reconstruction

Alaska "Reconstruction" not used in or defined for minor NSR or major NSR.

18 AAC 50.990. Definitions . In this chapter

* * * * * (88) "reconstruct" and “reconstruction” have the meaning given “reco nstruction” in 40 C.F.R. 63.2 [MACT General Provisions], adopted by reference in 18 AA C 50.040, except that for purposes of 18 AAC 50.260 “reconstruction has the meaning gi ven in 40 C.F.R. 51.301 [Regional Haze], adopted by reference in 18 AAC 50.260(a)



### Arizona:
Maricopa
County "Reconstruction" is defined for purposes of NA NSR and mi nor NSR.

REGULATION II – PERMITS AND FEES

RULE 220 NON-TITLE V PERMIT PROVISIONS

* * * * *
SECTION 404 PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE

A NON-TITLE V PERMIT REVISION:

* * * * *
404.3 Except as otherwise provided ..., the following changes may be made if the source provides written notice to the Control Officer in advance of t he change as provided below:

* * * * *

e. Making a change that amounts to reconstruction of the source or an affected facility: 7 days. For purposes of this section reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new components exceed 50% of th e fixed capital cost of a comparable entirely new source or affected facility and the changes to the components have occurred over the 12 consecutive months beginning with commencem ent of construction

* * * * * RULE 240 – PERMIT REQUIREMENTS FOR NEW MAJOR SOURCE S AND MAJOR
MODIFICATIONS TO EXISTING MAJOR SOURCES

SECTION 200 – DEFINITIONS
210 MAJOR SOURCE

* * * * *
210.6 Any source classified as major undergoing modification that meet s the definition of reconstruction;

* * * * *
211 RECONSTRUCTION – Of sources located in nonattainment areas, reconstruction shall be presumed to have taken place if the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary s ource, as determined in accordance with the provisions of 40 C.F.R. 60.15(f)(1) t hrough (3).

* * * * *



### California

Feather

River

AQMD "Reconstructed source" defined for NSR. The definition is need ed because the definition of

"modification" states that a reconstructed stationary source is to be treated as a new source, not

a modified source.

RULE 10.1 - NEW SOURCE REVIEW
D. DEFINITIONS D.34 Reconstructed Source: Any stationary source undergoing p hysical modification where the fixed capital cost of the new components exceeds fifty (50) percent of the fixed capital cost of a comparable entirely new stationary source. Fixed capital cost means t he capital needed to provide all the depreciable components.EC/R DRAFT

2/4/09

14 

### State Definition of Reconstruct/Reconstruction

Colorado "Reconstruction" is not used in the NSR program. It is d efined for purposes of NSPS and

visibility and BART regulations.



### Florida CHAPTER 62-210 STATIONARY SOURCES - GENERAL REQUIRE MENTS

62-210.200 Definitions. (259) “Reconstruction” – For the purposes of Rule 62-212.40 0 [PSD], F.A.C., the replacement of components of an existing emissions unit to such an ext ent that the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that wo uld be required to construct a comparable entirely new emissions unit.



### Idaho "Reconstruction" not defined for minor or major NSR.



### Minnesota "Reconstruction" means replacement of depreciable components of an ex isting emissions unit

to which a New Source Performance Standard or state air pollutio n control rule is applicable, to the extent that the fixed capital cost of the depreciable component s exceeds 50 percent of the fixed capital cost of depreciable components that would be requir ed to construct a comparable entirely new emissions unit.



### Montana

Nebraska "Reconstruction" means a situation where the fixed capital cost o f the new components exceeds

50% of the fixed capital cost of a comparable entirely new facility or source. However, any

final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 CFR 60.15(f)(1)-(3). A reconstructed s ource will be treated as a new stationary source. In determining best available control technology or low est achievable emission rate for a reconstructed source, the provisions of 40 CFR 60.15(f)(4 ) shall be taken into account in assessing whether a standard of performance under 40 CFR Part 60 is applicable to such

source. 

### Nevada (a) “Reconstruction” means the replacement of components of an existi ng facility to such an

extent that: (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct an entirely new comparable faci lity; and (2) It is technologically and economically feasible to meet the applicable standards set forth in

NAC 445B.248 and 445B.250 and this section. (b) “Fixed capital cost” means the capital needed to provide al l the depreciable components.



### New

Mexico "Reconstruction" means a modification which results in the repl acement of the components or

addition of integrally related equipment to an existing source to such an extent that the fixed capital cost of the new components or equipment exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facil ity.



### North

Dakota

Oklahoma "Reconstruction" means

(A) the replacement of components of an existing source to the extent that will be determined by the Executive Director based on: (i) the fixed capital cost (the capital needed to provide all the d epreciable components of the new components exceeds 50 percent of the fixed capital cost of a com parable entirely new source); (ii) the estimated life of the source after the replacements is comp arable to the life of an entirely new source; and, (iii) the extent to which the components being replaced cause or contribute to the emissions

from the source. (B) a reconstructed source will be treated as a new source for pur poses of OAC 252:100-8, Part

9.EC/R DRAFT

2/4/09

15 

### State Definition of Reconstruct/Reconstruction

Oregon No definition of "reconstruction" appears in the minor or m ajor NSR rules. However, the

provisions for NSPS and NESHAP use this term.

The effect is that reconstruction is not addressed in the minor NSR rules, just as it is not in EPA's major NSR rules.



### South

Dakota

Texas

Utah No definition of "reconstruction" appears in the rules. How ever, the provisions for NSPS and

NESHAP incorporate the federal regulations by reference.

The effect is that reconstruction is not addressed in the minor NSR rules, just as it is not in EPA's major NSR rules. 

### Washington

Wisconsin “Reconstruction” means the removal of components of a stationary s ource and the substitution

of those components with similar new components to such an ex tent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new stationary source. The term “recon struction” does not apply to minor or indirect sources.


### WyomingEC/R DRAFT

2/4/09

16 

### Air Quality Impact Analysis (AQIA)

**State Air Quality Impact Analysis** 

Alaska [Bottom Line: AQIA required for minor NSR permits unles s state makes a finding in writing

that it is not needed.]

18 AAC 50.540. Minor permit: application.

* * * * * (c) Minor permit for air quality protection. Except for a Port of Anchorage stationary source, a permit application under 18 AAC 50.502 must include (1) the information required in the following forms, incl uded in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030: (A) the Emission Unit Information Form ; (B) the Emission Summary Form ; and (2) for a permit for construction, modification, or relocation of a stationary source, a demonstration that the proposed potential emission s from the stationary source

will not interfere with the attainment or maintenance of the ambient air quality standards; the ambient demonstration must follow an app roved modeling protocol if the department requests a modeling protocol for demonstrating compl iance with ambient air quality standards; unless the department has made a findin g in writing that the stationary source or modification does not need an ambient analysis t o determine that construction and operation will not result in a violation of an ambi ent air quality standard, the application must include an ambient analysis for (A) each air pollutant for which a permit is required under 18 AAC 50.502(c)(1) or (3); (B) sulfur dioxide, PM-10, and nitrogen dioxide for a po rtable oil and gas operation; (C) sulfur dioxide for a stationary source in an sulfur dioxide special protection area established under 18 AAC 50.025(c); or (D) an air pollutant for which the department requests an analys is for a stationary source classified under 18 AAC 50.502(b). (d) Carbon monoxide source or modification. For construction that would increase carbon monoxide emissions by 100 TPY or more within 10 kilomet ers of a nonattainment area, an application must include a demonstration that the potential to emit carbon monoxide emissions from construction and operation of the stationary source or em issions increase from the

modification will not cause or contribute to a violation of the ambient air quality standard for

carbon monoxide.



### Arizona

Maricopa
County [Bottom Line: No specified requirement for AQIA for minor sources or modifications. County agency may have the authority to require one, but not clearly stated in the rules. However, the requirements reproduced below are not really necessary for major so urces because the AQIA requirements for major sources are set out elsewhere in the rules. ]

REGULATION II – PERMITS AND FEES RULE 200 – PERMIT REQUIREMENTS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 407 AIR QUALITY IMPACT MODELS
407.1 Where the Control Officer requires a person to perform air qu ality impact modeling, the modeling shall be performed in a manner consistent with 40 CF R 51, Appendix W, "Guideline on Air quality Models", as of July 1, 2004 (and no futu re amendments or additions), .... [407.2 gives requirements for model substitution.]



### California

Feather

River

AQMD [Bottom Line: The AQMD can require an AQIA for minor sour ces or modifications. The NSR

rule is a combined NA NSR and minor NSR rule and applies to both major and minor sources (by EPA definitions). PSD is apparently administered direct ly by EPA Region 9.)]EC/R DRAFT

2/4/09

17 

### State **Air Quality Impact Analysis**

RULE 10.1 - NEW SOURCE REVIEW

* * * * * G. AIR QUALITY IMPACT ANALYSIS (Adopted 2/8/93)

In no case shall emissions from a new or modified emissions unit cause or make worse the violation of an ambient air quality standard. The APCO may r equire an applicant to use an air quality model to estimate the effects of a new or modified emis sions unit or facility. For the purpose of performing an impact analysis the following shall apply: G.1 Air quality models shall be consistent with the requirem ents contained in the most recent edition of USEPA's "Guidelines on Air Quality Models , OAQPS 1.2-080", unless the APCO finds that such model is inappropriate for use. A fter making such a finding the APCO may designate an alternate model, with the concurrence of the Air Resources Board and the Environmental Protection Agency. All modeling costs associated with the siting of a new or modified emissions unit or facility shall be borne by the applicant; G.2 In performing an impact analysis, if the proposed stack h eight is higher than is dictated by good engineering practices, the actual height used for the purposes of modeling shall be calculated in accordance with good engineering practices.



### Colorado [Bottom Line: The regulations are not clear, but the state has published a guidance document

that addresses this topic. Table 1 below includes guidelines regarding when modeling is "usually warranted." If the source does not submit modeling , the state will run a screening – level analysis. If there appears to be a problem, the source us ually is required to run any necessary refined modeling.]

Regulation Number 3
PART B CONCERNING CONSTRUCTION PERMITS

III. Construction Permit Review Procedures III.B. Application for a Construction Permit III.B.5. Except for applications for sources subject to the requirements of Section VI. of Part D of this regulation (Prevention of Significant Deterioration) , the Division shall prepare its preliminary analysis within sixty calendar days after receipt of a complete permit application. The preliminary analysis allows the Division to determine wh ether the new source will, at date of commencement of operation, comply with: III.B.5.a. All applicable emission control regulations, III.B.5.b. Applicable regulations for the control of hazardou s pollutants, III.B.5.c. Requirements of the nonattainment and attainment pro grams (Sections V. and VI. of Part D), and III.B.5.d. Any applicable ambient air quality standards and all applicable regulations.

The preliminary analysis shall indicate what impact, if any, the new source will have (as of the projected date of commencement of operation) on all areas (attainment

, attainment/maintenance, nonattainment, unclassifiable), within th e probable area of influence of the proposed source. If so requested on the permit application form, a copy of this preliminary analysis shall be forwarded to the applicant postmarked no later than fifteen calendar days after the completion of the preliminary analysis.

When the preliminary analysis includes modeling, the model used shall be an appropriate one given the topography, meteorology and other characteristics of the region that the source will impact. Use of any non-guideline model requires U.S. EPA appr oval under Section VIII.A. of Part A of this regulation.

Colorado Modeling Guideline for Air Quality Permits

* * * * *EC/R DRAFT

2/4/09

18 

### State **Air Quality Impact Analysis**

Minor sources and minor modifications are not required by regulation to su bmit a compliance demonstration (i.e., modeling) along with their permit appl ication. Nevertheless, applicants may elect to include modeling with the application to prevent unnecess ary delays. If modeling is not submitted with the permit application, the Division will d ecide if modeling is warranted to complete the impact analysis and compliance demonstration required b y Regulation No. 3. If modeling is warranted, the Division will perform a screening- level analysis if it is technically feasible to perform one. If the screening-level analysis shows t here could be modeled violations of applicable standards, the Division will contact the applicant to discuss options. Since the Division does not usually perform refined-level modeling as part of the permitting process, the Division will typically request that the applicant perform any refined modeling that might be

warranted.

* * * * * Table 1. Modeling Thresholds . Modeling is usually warranted to quantify the impact if th e emission rate is equal to or greater than these long-term (tons per year) and/or short-term (pound per hour, etc.) emission thresholds. If the emissio n rate is less, a qualitative description of the impact is adequate unless there is a situation that warrant s modeling. (1)

Pollutant Requested Emission Rate from a

New Source

or Facility-Wide Net Emissions

Increase from a Modification Carbon Monoxide (CO) 100 tons per year

or 23 pounds per hour
Nitrogen Oxides (NO

x ) 40 tons per year

Sulfur Dioxide (SO 2 ) 40 tons per year

or 27 pounds per 3-hours
Particulate Matter (PM10) 15 tons per year

or 82 pounds per day
Lead (Pb) 0.6 tons per year

or 100 pounds per month

(1) Modeling is usually warranted, even though the source or modification does not exceed the modeling thresholds in Table 1, if it is reasonable to b elieve the source will cause or contribute to a violation of applicable ambient air quality stan dards in circumstances such

as: (a) Sources of SO 2 , PM10, CO, or Pb where a substantial portion of the new or modified emissions have poor dispersion characteristics (e.g., rain caps, horizontal stacks, fugitive releases, or building downwash ) in close proximity to ambient air at the site boundary; (b) Sources of SO 2 , PM10, CO, or Pb located in complex terrain (e.g., terrain above stack height in close proximity to the source); (c) Sources located in areas with poor existing air quality; (d) Modifications at existing major stationary sources, incl uding grandfathered sources that

have never been modeled before.EC/R DRAFT

2/4/09

19 

### State **Air Quality Impact Analysis**

Florida [Bottom Line: Could not locate any particulars in the rules or Florida web site regarding when

minor NSR sources are required to conduct an AQIA, although the rules appear to include the leeway to require an AQIA.]

CHAPTER 62-212 STATIONARY SOURCES - PRECONSTRUCTION REVIEW 62-212.300 General Preconstruction Review Requirements.

* * * * * (3) Permitting Requirements. (a) Each applicant for an air construction permit for an emissi ons unit subject to this rule shall provide the Department, at a minimum, the following informat ion:

1. The nature and amounts of emissions from the emissions unit.... 2. The location, design, construction, and operation of th e emissions unit to the extent necessary to allow the Department to determine whether construction or mo dification of the emissions unit would result in violations of any applicable provisio ns of Chapter 403, Florida Statutes, or Department air pollution rules, or whether the construction o r modification would interfere with the attainment and maintenance of any state or national ambient air q uality standard.

* * * * *

~~ 

### Idaho [Bottom Line: Rules appear to have the leeway for State to requ ire an AQIA, although there is

no general requirement for one. Where a source wishes to obtai n offsets so that it can meet ambient standards, it must submit a modeling demonstration. Also, if a source wants to get permission to start construction before it has obtained its permit to construct, it must submit modeling – see the section on the definition of "construction ."]

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION I N IDAHO 203.PERMIT REQUIREMENTS FOR NEW AND MODIFIED STATIO NARY
SOURCES. No permit to construct shall be granted for a new or modified stationary source unless the applicant shows to the satisfaction of the Department all of th e following:
01. Emission Standards

. ... 02. NAAQS . The stationary source or modification would not cause or s ignificantly contribute to a violation of any ambient air quality standard.

03. Toxic Air Pollutants.

...

206.OPTIONAL OFFSETS FOR PERMITS TO CONSTRUCT. The owner or operator of any proposed new or modified statio nary source, new major facility, or major modification, which cannot meet the requirements of S ubsections 202.01.c.vi., 203.02,

203.03 , 204.02.d., 205.01 (40 CFR 52.21(k)), and 209.02.b .vi., may propose the use of an emission offset in order to meet those requirements and thereby obtain a permit to construct. Any proposed emission offset must satisfy the requirements for emission reduction credits, Section 460, and demonstrate, through appropriate dispersion modeling , that the offset will reduce ambient concentrations sufficiently to meet the requirements at all modeled receptors which could not otherwise have met the requirements.



### Minnesota Although minor sources are not explicitly required to show that their emissions do not cause a

violation of ambient air quality standards, the MPCA does hav e regulatory authority to require such an analysis if it deems necessary.



### Montana An air quality permit to construct may not be issue d to a new or altered source unless the applicant

demonstrates that the source or stack can be expect ed to operate in compliance with the standards and rules adopted under the Montana Clean Air Act, the applicable regulations and requirements of the Federal Clean Air Act, and any applicable contr ol strategies contained in the Montana state implementation plan, and that it will not cause or contribute to a violation of any Montana orEC/R DRAFT

2/4/09

20 

### State **Air Quality Impact Analysis**

national ambient air quality standard. Modeling is required on a case-by-case basis to determine compliance with air quality standards.



### Nebraska Information on the impact of a new or modified sour ce upon the attainment or maintenance of

NAAQS standards are requested in the permit applica tion, as well as information needed to determine if the source may “violate any portion of an existing control strategy.”

Determination of pollutant concentration in the “vi cinity of a source or a combination of sources are determined by use of an air pollution dispersion mo del acceptable to the Director.” A worst-case scenario of meteorological and operating conditions are used in evaluating the potential impact of the new or modified source on air quality.

If a emissions from new or modified source will vio late the “Standards of Performance for New Stationary Sources,” interfere with attainment or m aintenance of a NAAQS, the permit may be

denied at the discretion of the Director until chan ges are made.

New processes are required to apply BACT in additio n to meeting other provisions.



### Nevada EC/R NOTE: This does not give information about AQ IA requirements.

Section 445B.391 of the Nevada Administrative Code (on Air Pollution) contains standards of quality for ambient air in a table format. Contain ed in this table are Nevada’s standards and the National standards broken down by average time, con centration, and method for measurement for the following sources:

• Ozone

• Carbon monoxide

• Nitrogen dioxide

• Sulfur dioxide

• Particulate Matter

• Lead

• Visibility

• Hydrogen sulfide



### New

Mexico An air quality impact analysis is performed as part of the normal permit application review process under the requirements of Part 72. The applicant i s required to demonstrate, through submission of USEPA approved modeling or analysis, that emissions from routine operations will not violate any NSPS, NESHAP, regulation adopted by the board under the Air Quality Control Act, any New Mexico or NAAQS, or prevention of significant deter ioration increment. The state then reviews the submitted model to ensure that the modeling was per formed correctly and that air quality is not significantly impacted.

In addition, any source located in a nonattainment area and exceeding the state-specified significant

ambient concentration listed in Part 72 must offset the ambient impact of its emissions by obtaining emission offsets for proposed emissions in an amoun t greater than one-to-one such that a net air quality benefit will occur.EC/R DRAFT

2/4/09

21 

### State **Air Quality Impact Analysis**

North

Dakota Air quality impact analysis is required by policy for any m inor source that emits more than:

• 15 tpy of PM,,

• 25 tpy of PM

• 40 tpy of SO,

• 40 tpy of NOx Determination of the effects on ambient air quality as may be req uired must be based on the applicable requirements specified in the USEPA’s “Guideline on Air Quality Models (Revised)” as supplemented by the “North Dakota Guideline for Ai r Quality Modeling Analyses” (North Dakota state department of health and consoli dated laboratories, division of environmental engineering). Where an air quality impact model specified in the documents incor porated by reference in subdivision a is inappropriate, the model may be modified or another model substituted provided:

• Any modified or nonguideline model must be subject to noti ce and opportunity for public comment under subsection 

### 6.

• The applicant must provide to the department adequate informatio n to evaluate the applicability of the modified or nonguideline model. Such in formation must include, but is not limited to, methods like those outlined in th e “Interim Procedures for Evaluating Air Quality Models (Revised)” (United States enviro nmental protection agency, office of air quality planning and standards, Research Tr iangle Park, North Carolina 277 11).

• Written approval from the department must be obtained for any modification or

substitution.

• Written approval from the United States environmental protectio n agency must be obtained for any modification or substitution prior to t he granting of a permit under this chapter.



### Oklahoma An increment evaluation must demonstrate that, as of the source’s startup date, the increase in

emissions from that source, in conjunction with all other ap plicable emissions increases or reductions of that source, will not cause or contribute to a ny increase in ambient concentrations exceeding the remaining available PSD increment for the specified air contaminants as determined by the Executive Director. EC/R NOTE: Does not give information about when such an analysis is required.

If the new source is expected to adversely affect a Federal Class I area, the permit applicatio n for a proposed new source or modification must contain an an alysis on the impairment of visibility in the vicinity of the source.

EC/R NOTE: The following is not related to AQIA re quirements. Subchapter 37 discusses control measures for VOC sources, and states “No person shall build, sell, or install or permit the building or installation o f any new stationary tank, reservoir or

other container of more than 40,000 gallons (150,000 liters) capacity which wil l be used for storage of any organic materials, unless such tank, reservoir or other container is to be a pressure tank capable of maintaining working pressures suffici ent at all times to prevent organic vapor or gas loss to the atmosphere or is designed, and wil l be built and equipped with [list of vapor loss control devices.]”EC/R DRAFT

2/4/09

22 

### State **Air Quality Impact Analysis**
Oregon [Bottom Line: Minor NSR rules appear to require AQIAs for some minor NSR sources.]

340-216 Air Contaminant Discharge Permits [ACDPs]
340-216-0066 Standard ACDPs (1) Application requirements. Any person requesting a new, m odified, or renewed Standard ACDP must submit an application in accordance with OAR 340-2 16-0040 and include the following additional information as applicable: (a) For new or modified Standard ACDPs that are not subject to NSR (OAR 340 division 224) but have emissions increases above the significant emissions rate, the application must include an analysis of the air quality and visibility (federal major s ources only) impact of the source or modification, including meteorological and topographical data, s pecific details of models used, and other information necessary to estimate air quality impacts. (b) For new or modified Standard ACDPs that are subject to NSR (OAR 340 division 224), the application must include the following additional informati on as applicable: (A) A detailed description of the air pollution control equi pment and emission reductions processes which are planned for the source or modification, and a ny other information necessary to determine that BACT or LAER technology, whichever i s applicable, would be applied; (B) An analysis of the air quality and visibility (federal m ajor sources only) impact of the source or modification, including meteorological and topograph ical data, specific details of models used, and other information necessary to estimate air qu ality impacts; and (C) An analysis of the air quality and visibility (federal m ajor sources only) impacts, and the nature and extent of all commercial, residential, industrial, and other source emission growth, which has occurred since January 1, 1978, in the area the source o r modification would affect.

* * *

340-216-0020

TABLE 1

Part C

The following sources must obtain a Standard ACDP under th e procedures set forth in 340-

216-0066:

1. Incinerators for PCBs and / or other hazardous wastes

2. All Sources that the Department determines have emissions that constitute a nuisance

3. All Sources electing to maintain the source’s baseline emission r ate, or netting basis

4. All Sources subject to a RACT, BACT, LAER, NESHAP, NSPS, State MACT, or other significant Air Quality regulation(s), except:

(a) Source categories for which a General ACDP has been issued, and

(b) Sources with less than 10 tons/yr. Actual emissions th at are subject to RACT, NSPS or a NESHAP which qualify for a Simple ACDP

5. All Sources having the Potential to Emit more than 100 tons of any regulated air contaminant in a year

6. All Sources having the Potential to Emit more than 10 tons of a single hazardous air pollutant in a year

7. All Sources having the Potential to Emit more than 25 tons of all hazardous air pollutants combined in a year

[Notes: 1. Standard ACDPs authorize construction and operation of a s ource. There are also Basic and Simple ACDPs for some types of smaller sources, which do no t include the air qualityEC/R DRAFT

2/4/09

23 

### State **Air Quality Impact Analysis**

analyses. 2. "NSR" in 340-224 is major NSR for PSD, but in NA and maintenance areas it applies to sources and modifications that are significant, regardless of wh ether the source is major under EPA rules. Thus, 340-216-0066(1)(a) would apply to some minor NSR sources in attainment and NA areas, and 340-216-0066(1)(b) would apply to some sources that we would consider minor NSR (under EPA's rules) in NA areas. 3. Standard ACDPs are also required to operate Type 3 and 4 chan ges, which involve emissions increases that are significant (per EPA definition), but coul d involve a source with a PTE <100 tpy. 4. 340-225 is Air Quality Analysis Requirements. This r egulation states that it does not apply

"unless a rule in another division refers the reader here." As quoted above, the paragraphs in the Standard ACDP regulation do not refer to 340-225. Pres umably, then, the AQIA required for Standard ACDPs is not specified in the regulatio ns. 5. Not clear whether the caveat about "federal major sources only" r efers only to the visibility analysis or to the air quality analysis as well. We would in terpret it as only applying to the visibility analysis.]



### South

Dakota Submission of preconstruction monitored or projected ambien t air quality data, or both, from

the proposed source must accompany the permit application. In addition, air quality dispersion modeling and meteorological data for the prescribed area may be req uired by the department. Costs of these requirements must be absorbed by the proposed source. (Does not distinguish between Major and minor. I think Major though.) http://legis.state.sd.us/rules/DisplayRule.aspx?Rule=74:36 :10:05



### Texas An air quality impact analysis is an integral part of the permi t review process under the

permitting requirements in Chapter 116, and occurs as part of the permit review.

Modeling is performed for new permits, or permit modificat ions that have the potential to increase emissions, to determine ground-level concentrations at fenceline and at the nearest off-property receptors. The predicted concentrations are then compared against NAAQS and/or the state’s health effects screening levels (ESLs), whi ch are guidelines derived from toxicological data (such as threshold limit values). Depen ding on the results, the state may request that applicants reduce emissions from the affected fa cility. In some cases, the reductions can only be achieved by the use of controls that are beyond the level considered to

be BACT.

A NAAQS increment analysis is performed for those facilities that have to obtain federal pe rmits (PSD or nonattainment) and the analysis is done using normal federal procedures

. 

### Utah [Bottom Line: Minor NSR rules require AQIAs for some mi nor NSR sources.]

R307-401. Permits: New and Modified Sources [This rule applies to all new and modified “installations” (def ined at R307-101-2 as a discrete process with identifiable emissions, which may be part of a l arger plant). The rule notes that there may be additional requirements for larger installations or installations located in nonattainment or maintenance areas in R307-403 (permitting for NAAs, both major and nonmajor), 405 (PSD), 406 (Visibility), 420 (ozone offsets in NAAs), and 421 (PM 10 offsets in NAAs).]

R307-410. Permits: Emissions Impact Analysis This rule establishes the procedures and requirements for evaluat ing the emissions impact of new or modified sources that require an approval order under R3 07-401 to ensure that the

source will not interfere with the attainment or maintenance of an y NAAQS. The rule also establishes the procedures and requirements for evaluating the emis sions impact of hazardous air pollutants. The rule also establishes the procedur es for establishing anEC/R DRAFT

2/4/09

24 

### State **Air Quality Impact Analysis**

emission rate based on the good engineering practice stack height as required by 40 CFR

51.118.

R307-410-3. Use of Dispersion Models All estimates of ambient concentrations derived in meeting the r equirements of R307 shall be based on appropriate air quality models, data bases, and other req uirements specified in 40 CFR Part 51, Appendix W, (Guideline on Air Quality Models), effective July 1, 2005, which is hereby incorporated by reference. Where an air quality model specified in the Guideline on Air Quality Models or other EPA approved guidance documents is inappropriate, the executive secretary may authorize the modification of the model or substi tution of another model. In meeting the requirements of federal law, any modification or sub stitution will be made only with the written approval of the Administrator, EPA.

R307-410-4. Modeling of Criteria Pollutant Impacts in At tainment Areas Prior to receiving an approval order under R307-401, a new source in an attainment area with a total controlled emission rate per pollutant greater than or equ al to amounts specified in Table 1, or a modification to an existing source located in an attainment area which increases the total controlled emission rate per pollutant of the source in an amount greater than or equal to those specified in Table 1, shall conduct air quality modeli ng, as identified in R307- 410-3, to estimate the impact of the new or modified source on air qual ity unless previously performed air quality modeling for the source indicates that the addition of the proposed emissions increase would not violate a National Ambient Air Quality Stand ard, as determined by the Executive Secretary.

TABLE 1

POLLUTANT EMISSIONS sulfur dioxide 40 tons per year oxides of nitrogen 40 tons per year PM10 - fugitive emissions 5 tons per year and fugitive dust PM10 - non-fugitive emissions 15 tons per year or non-fugitive dust carbon monoxide 100 tons per year lead 0.6 tons per year

[While the values in Table 1 are the “significant” values from majo r NSR (with the addition of a lower value for fugitive PM10), the impact analysis requirem ents apply to any new source that exceeds these levels – there is no major source threshold appl ied. In addition, the impact analysis requirements apply when a modification exceeds these values regardless of whether the source is a major source.] http://www.rules.utah.gov/publicat/code/r307/r307-410.htm 

### Washingto

n Air quality impacts/NAAQS increment analysis is only applied to PSD and LAER, which is not

a state regulation and does not apply to minor sources.



### Wisconsin No information.

Under Tech Review Process: The department shall prepare an analysis regarding the effect of th e proposed construction, reconstruction, replacement or modification on ambient air quali ty and a preliminary determination on the approvability of the construction permi t application, within 30 days for a minor source construction permit after the receipt of the plans , specifications and other

informationEC/R DRAFT

2/4/09

25 

### State **Air Quality Impact Analysis**
Wyoming No information.EC/R DRAFT

2/4/09

26 

### State **Monitoring/Recordkeeping/Reporting**

Alaska [Bottom Line: Minor NSR permits are to include terms requ iring MRR and testing. The

statute imposes some limits on what can be required.]

18 AAC 50.544. Minor permits: content.

* * * * * (b) In each minor permit under 18 AAC 50.502(b) [specified categories/sizes of portable sources], the department will include (1) terms and conditions as necessary to ensure that the propos ed stationary source or modification will meet the requirements of AS 46.14 and thi s chapter, including terms and conditions under AS 46.14.180 [see below] for (A) installation, use, and maintenance of monitoring equipment ; (B) sampling emissions according to the methods prescribed b y the department and at locations and intervals, and by procedures specified by the depart ment; (C) providing source test reports, monitoring data, emissi ons data, and information from analyses of any test samples; (D) keeping records; and (E) making periodic reports on process operations and emissi ons; * * * * * (c) In each minor permit under 18 AAC 50.502(c) [all sources above certain PTE], the department will include (1) terms and conditions as necessary to ensure that the propos ed stationary source or

modification will not cause or contribute to a violation of any ambient air quality standard or the standards set out in 18 AAC 50.110 [general prohibi tion on injurious or unreasonable air pollution], or to impose a limit under 18 AAC 50.20 1[provisions for sources that cause ambient problems] , including terms and conditions under AS 46.14.180 [see below] for (A) installation, use, and maintenance of monitoring equipment ; (B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the depart ment; (C) providing source test reports, monitoring data, emis sions data, and information from analyses of any test samples; (D) keeping records; and (E) making periodic reports on process operations and emissi ons * * * * *

AS 46.14.180. Monitoring. [Statute – puts some limits on required monitoring] Monitoring by the owner and operator of stack emissions or ambient air quality shall be required by the department only for purposes of demonstratin g compliance with applicable permit program requirements. Monitoring requirements must be reasonable and based on test methods, analytical procedures, and statistical conventions approv ed by the federal administrator or the department or otherwise generally accepted as scientifically competent. Unless otherwise agreed to by the owner and operator and the dep artment, (1) the department may not require an owner and operator of a s ource to monitor emissions or ambient air quality solely for the purpose of scientific inv estigation or research; and (2) monitoring activities must be consistent with the appli cable emission standards and other permit or permit application requirements.



### Arizona

Maricopa
County [Bottom Line: The County agency may require minor NSR perm its to include terms requiring

MRR and testing. The rules impose some criteria regarding what can be required. This is a "unified" permitting system that combines constr uction and operating permits. Major sources are subject to Title V permits and minor sources are sub ject to "Non-Title V permits."]

REGULATION II – PERMITS AND FEESEC/R DRAFT

2/4/09

27 

### State **Monitoring/Recordkeeping/Reporting**

RULE 200 – PERMIT REQUIREMENTS

SECTION 300 – STANDARDS

* * * * *
310 PERMIT CONDITIONS: The Control Officer may impose any permit conditions that are necessary to ensure compliance with Federal laws, Arizona laws, or these rules.

310.1 The Control Officer my require, as specified in Section 310.2 and Section 310.3 of this rule, any source of regulated air pollutants to monitor, sam ple, or perform other studies to quantify emission of regulated air pollutants or levels of ai r pollution that my reasonably be attributable to that source, if the Control Officer:

a. Determines that monitoring , sampling, or other studies are necessary to determine the effects of the source on levels of air pollution; or

b. Has reasonable cause to believe a violation of this rule, rules ad opted pursuant to this rule, or a permit issued pursuant to this rule has been committed; or

c. Determines that those studies are or data are necessary to accomplish the purposes of this rule and that the monitoring, sampling or other studies by the source are necessary in order to assess the impact of the source on the emission of regulated air contaminants.
310.2 The Control Officer may require a source of air contaminants, by permit or order, to perform monitoring, sampling, or other quantification of its emissions or air pollution that may reasonably be attributed to such a source. Before requiring such monitoring, sampling, or other quantification by permit or order, the Control Officer shall consider the relative cost and accuracy of any alternatives which may be reasonable under the circumst ances such as emission factors, modeling, mass balance analysis, or emission projections. The Control Officer may require such monitoring, sampling, or other qu antification by permit or order if the Control Officer determines in writing that all of the follo wing conditions are met:

a. The actual or potential emissions of air pollution may advers ely affect public health or the

environment

b. An adequate scientific basis for the monitoring, sampling, or quantification method exists.

c. The monitoring, sampling, or quantification method is tech nically feasible for the subject

contaminant and the source.

d. The monitoring, sampling, or quantification method is reaso nably accurate.

e. The cost of the method is reasonable in light of the use to b e made of the data.

310.3 [Specifies appeal procedures]

* * * * *

RULE 220 – NON-TITLE V PERMIT PROVISIONS

SECTION 300 – STANDARDS
302 PERMIT CONTENTS: Each permit issued under this rule shall include the following elements:

* * * * *
302.4 As necessary, requirements concerning the use, maintenance, and if applicable, installation of monitoring equipment or methods.

302.5 Periodic monitoring sufficient to yield reliable data from th e relevant time period that are representative of the source’s compliance with the permit, if the applicable requirement does not require periodic testing or instrumental or noninstrum ental monitoring (which may consist of recordkeeping designed to serve as monitoring). The monit oring requirements shall ensure use of terms, test methods, units, averaging periods, and ot her statistical conventions consistent with the applicable requirement and as otherwise required under Sect ion 304 of this rule. Recordkeeping provisions may be sufficient to meet the requirem ents of this rule.

302.6 All emissions monitoring and analysis procedures or test me thods required under the applicable requirements, including any procedures and methods pro mulgated under Section 114(a)(3) of the Act and including any monitoring and analys is procedures or test methods required under Section 304 of this rule.EC/R DRAFT

2/4/09

28 

### State **Monitoring/Recordkeeping/Reporting**

302.7 All recordkeeping requirements, including recordkeeping requir ements established under Section 304 of this rule, if applicable, for the retention of records of all required monitoring data and support information for a period of at least five year s from the date of the monitoring sample, measurement, report, or application. Support informat ion includes all calibration and maintenance records, all strip-chart recordings for continuous m onitoring instrumentation, and copies of all reports required by the permit.
302.8 All applicable reporting requirements and require the submittal of any required monitoring reports at least annually. Upon request, such r eporting requirements shall require prompt reporting of deviations from permit requirements, including those deviations attributable to upset conditions, as defined in the permit. R eports of deviations shall include the probable cause of the deviations and any corrective actions or pr eventative measures taken. For the purposes of this Section, reporting shall be considered prompt when such reporting is made in accordance with Rule 130-Emergency Provisions of these rul es. * * * * *



### California

Feather

River

AQMD [Bottom Line: Appears that the ACMD has authority to requ ire MRR, although it does not

specify that permits must include MRR.]

RULE 9.1 - EMISSION MONITORING The Air Pollution Control Officer may require the owner or operator of any air contaminant source to install, use and maintain monitoring equipment: sam ple emissions; establish and maintain records; and make periodic emission reports. All of t hese actions shall be accomplished in a manner approved by the Air Pollution Contro l Officer.

RULE 9.2 - RECORDS AND REPORTS Air Pollution monitoring records and such fuel compositio n data as deemed necessary shall be recorded, compiled and submitted on forms furnished by the Air Pollution Control Officer.



### Colorado [Bottom Line: The minor NSR rules do not specify what m ust be included in the permit, including as relates to MRR. There appears to be leeway to requir e any type of permit terms and conditions, as long as they can be related to the source meet ing the requirements that apply to it – emission limits and ambient air standards.]

Regulation Number 3

PART B CONCERNING CONSTRUCTION PERMITS
III. Construction Permit Review Procedures

III.E. Permit Terms and Conditions The Division shall include such terms and conditions in any permit as it deems necessary for the proposed project or activity to qualify for the permit. [The State grants the permit if it finds that the source wil l meet all the requirements that apply to it, including meeting emission control regulations, not causing violations of ambient standards, and meeting applicable major NSR requirements.]



### Florida [Bottom Line: Rules do not appear to contain any specific requ irements for permit content,

including MRR, although there appears to be leeway to require MR R if desired.]

CHAPTER 62-4-PERMITS

PART I GENERAL 62-4.070 Standards for Issuing or Denying Permits; Issua nce; Denial.

* * * * * (3) The Department may issue any permit with specific conditio ns necessary to provide reasonable assurance that Department rules can be met.

* * * * *EC/R DRAFT

2/4/09

29 

### State **Monitoring/Recordkeeping/Reporting**

CHAPTER 62-212 STATIONARY SOURCES - PRECONSTRUCTION REVIEW 62-212.300 General Preconstruction Review Requirements.

* * * * * (3) Permitting Requirements.

* * * * * (c) The Department shall include conditions in each permit issu ed to insure that the provisions

of this rule are not violated.



### Idaho [Bottom Line: The minor NSR rules allow the State to requ ire monitoring and recording of

emissions data. There do not seem to be any specific reporting requirements.]

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION I N IDAHO
211.CONDITIONS FOR PERMITS TO CONSTRUCT.
01. Reasonable Conditions . The Department may impose any reasonable conditions upon an approval, including conditions requiring the stationary sou rce or facility to be provided with: (5-1-94)

a. Sampling ports of a size, number, and location as the Department may require; (5-1-94)

b. Safe access to each port; (5-1-94)

c. Instrumentation to monitor and record emissions data; (5-1- 94)

d. Instrumentation for ambient monitoring to determine the eff ect emissions from the stationary source or facility may have, or are having, on the air quality in any area affected by the stationary source or facility; and (5-1-94)

e. Any other sampling and testing facilities as may be deemed reaso nably necessary. (5-1-94)

* * * * *



### Minnesota • State regulations require the following conditions be included in the permit, either

expressly or by reference:

o Unchallenged provisions of the permit remain valid despite an y successful challenges to specific portions of the permit.

o The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the state law.

o It is not a defense for a permittee in an enforcement action that i t would have been necessary to halt or reduce the permitted activity in order to mai ntain compliance with the conditions of the permit.

o The permit may be reopened and amended or revoked for cause. The f iling of a request by the permittee for a permit amendment, revocation and reissuance, or termination, or of a notification of planned changes or anticip ated noncompliancedoes not stay any permit condition, except as specif ically provided in the regulations.

o The permit does not convey any property rights of any sort, or any exclusive privilege.

o The permittee must furnish to the agency, within a reasonable ti me, any information that the agency may request in writing to determ ine whether cause exists for reopening and amending or revoking the permit or to determine compliance with the permit. Upon request, the permittee shall als o furnish to the agency copies of records required to be kept by the permittee.

o The agency's issuance of a permit does not release the permittee fro m any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit or as s pecifically provided in the permit shield provision.

o The agency's issuance of a permit does not prevent the future adop tion by the agency of pollution control rules, standards, or orders mor e stringent than those now in existence and does not prevent the enforcement of these rul es, standards, orEC/R DRAFT

2/4/09

30 

### State **Monitoring/Recordkeeping/Reporting**
orders against the permittee.

o The agency's issuance of a permit does not obligate the agency to enforce local laws, rules, or plans beyond that authorized by Minnesota stat utes.

o The permittee must at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the co nditions of the permit.

o The permittee may not knowingly make a false or misleading st atement, representation, or certification in a record, report, plan, or o ther document required to be submitted to the agency or to the commissioner by the permit.

o The permittee must, on, submit within a reasonable time any in formation and reports that are relevant to pollution or the activities author ized under this permit.

o If the permittee discovers, through any means, including noti fication by the agency, that noncompliance with a condition of the permit has occu rred, the permittee must immediately take all reasonable steps to minimize th e adverse impact on human health or the environment resulting from the noncompliance.

o The permit is not transferable to any person except as provided by regulation.

o The permit authorizes the permittee to perform the activities des cribed in the permit under the conditions of the permit.



### Montana

Nebraska

Nevada • The permit must contain emission limitations and standards.

• The permit must contain all requirements for monitoring, tes ting, and reporting.

• The permit must contain a requirement that the owner or operator promptly report any deviations form any requirement of the permit.



### New

Mexico The New Mexico regulations specify the following conditions be part of the permit:

• Individual emission limits determined on a case-by-casebasis on the source for which the permit is issued.

• A requirement that such source install and operate control technol ogy, determined on a case-by-case basis, sufficient to meet the requirements of the Air Quality Control Act and the Federal Act and regulations.

• Compliance with applicable NSPS and NESHAP.

• Imposition of reasonable restrictions and limitations other than restrictions and limitations relating to emission limits or emission rates.

• Recordkeeping and reporting requirements. The regulations also provide for the state to impose such oth er reasonable conditions upon a permit, including a schedule of construction, a condition req uiring timely revision of permit terms or conditions in order to meet new requirements under S IP revisions, and conditions relating to source testing, if necessary.



### North

Dakota Reasonable conditions can be imposed on a permit to construct, i ncluding conditions

concerning:

• Sampling, testing, and monitoring of the facilities or the ambient air or both.

• Trial operation and performance testing.

• Prevention and abatement of nuisance conditions caused by operati on of the facility.

• Record keeping and reporting.

• Compliance with applicable rules and regulations in accordance with a compliance

schedule.

• Limitation on hours of operation, production rate, proces sing rate or fuel usage when necessary to assure compliance with this article. The violation of any conditions so imposed may result in revocation or suspension of the permi tEC/R DRAFT

2/4/09

31 

### State **Monitoring/Recordkeeping/Reporting**

or other appropriate enforcement action. Enforcement actions are con sistent with procedures approved by the USEPA, and may use “any credible evidence” to establ ish rule violation.



### Oklahoma
Oregon 340-216-0025

Types of Permits [Simple Air Contaminant Discharge Permits (ACDPs) and Standar d ACDPs both contain "Testing, monitoring, recordkeeping, and reporting requirem ents sufficient to determine compliance with the PSEL and other emission limits and standar ds, as necessary." The rules do not contain any further specification of what exactly is requir ed or how it is determined.

Simple and Standard ACDPs each function as construction and oper ating permits for minor

sources. Standard ACDPs can also function as a construction an d operating permit for major sources.]



### South

Dakota

Texas • Sampling requirements. If sampling of stacks or process vent s is required, the permit

holder shall contact the TNRCC Office of Air Quality prior t o sampling to obtain the proper data forms and procedures. All sampling and testing procedures must be approved by the executive director and coordinated with the region al representatives of the commission. The permit holder is also responsible for p roviding sampling facilities and conducting the sampling operations or contracting with an independent sampling

consultant.

• Equivalency of methods. It shall be the responsibility of t he permit holder to demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitorin g methods proposed as alternatives to methods indicated in the conditions of the per mit. Alternative methods shall be applied for in writing and must be reviewed and appro ved by the executive director prior to their use in fulfilling any requirements of the permit.

• Recordkeeping. A copy of the permit along with information and data sufficient to demonstrate compliance with the permit shall be maintained in a f ile at the plant site and made available at the request of personnel from the TNRCC or any air pollution control program having jurisdiction. For facilities that no rmally operate unattended,

this information shall be maintained at the nearest staffed locat ion within Texas specified by the permit holder in the permit application. Thi s information shall include, but is not limited to, production records and operating h ours. Additional recordkeeping requirements may be specified in special conditions attached to th e permit. Information in the file shall be retained for at least 2 years f ollowing the date that the

information or data is obtained.



### Utah No permit content (including MRR) is specified in R307-401 , which is the general construction

permitting requirements, including minor NSR. R307-170 Continuous Emission Monitoring Program, R30 7-170-3 refers to "any source required by an approval order issued under R307-401 to operat e a CMS to satisfy the requirements of R307-150 [which is Emission Inventory rep orting requirements] is not subject to...." This implies the power to require CMS in a permit. 

### Washington

Wisconsin
Wyoming General permit conditions for the Wyoming Air Quality Act ar e found in Section 21. Permit

requirements for construction, modification, and operation , and include any reasonable conditions upon an approval to construct, modify, or oper ate including, but not limited to, conditions requiring the source to be provided with:

• Sampling and testing facilities as the Administrator may requ ire.EC/R DRAFT

2/4/09

32 

### State **Monitoring/Recordkeeping/Reporting**

• Safe access to the sampling facilities.

• Instrumentation to monitor and record emission data.

• Ambient Air Quality monitoring which, in the judgment of the Administrator, is necessary to determine the effect which emissions from a source may have, or is having, on air quality in any area which may be affected by emiss ions from such

source.EC/R DRAFT

2/4/09

33 

### State **Exemptions**

Alaska [Bottom Line: The rules do not specify exemptions, but s eem to create them by specifying

cutoffs for the sources that must be permitted.]

[Under the rules, "minor permits" are permits to construct and operate.]

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is required as described in (b) - (f) of this section, except that a permit i s not required under this section (1) before construction, modification, or relocation of a new major stationary source or major modification ...; however, a minor permit is required under this section for an air pollutant if that air pollutant is not significant under 4 0 C.F.R. 52.21(b)(23)... and if a permit is not required under NA NSR; a minor permit that is required under this paragraph for that air pollutant will be issued as part of the major p ermit; (2) before operation if the stationary source needs a Title V p ermit; however, the need for a Title V permit does not exempt a stationary source from the r equirement for a minor permit for construction, modification, or relocation; (3) before relocation if the stationary source is already allowed by permit to operate at the new location; or (4) as provided in (g) of this section [source has a PAL p er PSD]. (b) Except as provided in (a) or (d) of this section, the o wner or operator must obtain a minor permit under this section before construction, operation, or relocation of a stationary source containing (1) an asphalt plant with a rated capacity of at least five tons per hour of product [implies exempt if <5 tons/hr]; (2) a thermal soil remediation unit with a rated capacity of at least five tons per hour of untreated material [implies exempt if <5 tons/hr]; (3) a rock crusher with a rated capacity of at least five tons per hour [implies exempt if <5 tons/hr]; (4) one or more incinerators with a cumulative rated capacity of 1 ,000 pounds or more per hour [implies exempt if <1,000 lb/hr]; (5) a coal preparation plant; or (6) a Port of Anchorage stationary source. (c) The owner or operator must obtain a minor permit under t his section before (1) beginning actual construction of a new stationary source with a potential to emit greater than [implies exempt if less than or equal to these amounts] (A) 15 TPY of PM-10; (B) 40 TPY of nitrogen oxides; (C) 40 TPY of sulfur dioxide; (D) 0.6 TPY of lead; or (E) 100 TPY of carbon monoxide within 10 kilometers of a nonattainment area; or (2) beginning actual construction or, if not already author ized in a permit under this chapter, beginning relocation (A) on or after December 3, 2005 of a portable oil and gas operation, unless ... [nothing to do with size]; (B) after October 1, 2004 of an emission unit with a rated cap acity of 10 million Btu or more per hour in a sulfur dioxide special protection area establ ished under 18 AAC 50.025(c) [implies exempt if less]; or (3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant gr eater than an amount listed in (1) of this subsection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in [implies exempt less than or equal to]EC/R DRAFT

2/4/09

34 

### State **Exemptions**

(A) potential to emit that is greater than (i) 10 TPY of PM-10 (ii) 10 TPY of sulfur dioxide; (iii) 10 TPY of nitrogen oxides; or (iv) 100 TPY of carbon monoxide for a stationary source wi thin 10 kilometers of a nonattainment area; or (B) actual emissions and a net emissions increase greater than (i) 10 TPY of PM-10 (ii) 10 TPY of sulfur dioxide; (iii) 10 TPY of nitrogen oxides; or (iv) 100 TPY of carbon monoxide for a stationary source wit hin 10 kilometers of a

nonattainment area. [Note: These are based on baseline actual emissions and projected actu al emissions, with the major NSR provisions adapted to minor sources.]

* * * * * (g) An increase in emissions under (c)(3) of this section d oes not require a permit under that paragraph if a plantwide applicability limitation (PAL) is est ablished for the stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50 .040.



### Arizona

Maricopa
County [County uses a "unified" permit system, which combines cons truction and operating permits.

For new minor sources, they issue a new "Non-Title V permi t" which authorizes construction and operation. For a modification at a minor source, they rev ise the Non-Title V permit; this action is effectively a minor NSR permitting action.

The program has a long list of exemptions from permitting. In addition, a source with a "nonTitle V permit" can make a lot of changes without revising its permit (in effect, without getting a minor NSR permit for a modification), although certain lis ted types of changes require recordkeeping in a log or advance notice to the County. For exam ple, sources may be able to increase emissions by over 10% of the major source thresholds with a 7-day notice.]

REGULATION II – PERMITS AND FEES RULE 200 PERMIT REQUIREMENTS

* * * * *
303 NON-TITLE V PERMIT: Unless a Title V permit or a permit revision is required, a Non-Title V permit or permit revision shall be required for : 303.1 A person to make a modification to a source which would cause it to emit or to have the potential to emit quantities of regulated air pollutants great er than those specified in subsections 303.2 and 303.3(c) of this rule.
303.2 A person to commence construction of or to modify either of the following after rules adopted pursuant to A.R.S. § 49-480.04 are effective:

a. A source that emits or has the potential to emit with control s ten tons per year or more of a hazardous air pollutant or 25 tons per year or more of any com bination of hazardous air pollutants designated by the Director pursuant to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and not listed i n Section 112(b) of the Act. [Reverse exemption by providing a threshold above which a s ource must be permitted.]

b. A source that is within a category designated by the Director p ursuant to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these r ules and that emits or has the potential to emit with controls at least one ton, but less t han ten tons per year of a hazardous air pollutant or at least 2.5 tons, but less than 25 tons per year of any combination of hazardous air pollutants. [Reverse exemption by providing a threshold above which a s ource must be permitted.]
303.3 A person to commence construction of, to operate, or to modif y any of the following:

a. Any source other than a major source, including an area source, s ubject to a standard,EC/R DRAFT

2/4/09

35 

### State **Exemptions**

limitation, or other requirement under Section 111 of the Act

. b. Any source other than a major source, including an area source, s ubject to a standard or other requirement pursuant to Section 112 of the Act. However, a s ource is not required to obtain a permit solely because it is subject to regulation or requirem ents pursuant to Section 112(r) of

the Act.

c. Any source that emits or has the potential to emit, without control, regulated air pollutants, except the following sources to the extent which the described limits are not exceeded

. However, any source that is exempt from obtaining a Non-Title V permit according to this section shall still comply with all other applicable requiremen ts of these rules. (1) General Combustion Equipment: (a) Any source with an aggregated input capacity of less than 2,000 ,000 BTU per hour calculated by adding only those pieces of equipment over 300,00 0 BTU per hour with respect to fuel burning equipment fired with natural gas or l iquefied petroleum gas. (b) Any oil fueled heating equipment with a maximum rated input cap acity or an aggregated input capacity of less than 500,000 BTU (527,200 k ilojoules) per hour. (2) Liquid Storage Tanks: (a) Stationary storage tanks with a capacity of 250 gallons (946 liters) or less used for storing organic liquids. (b) Stationary storage tanks used for storing organic liquids with a true vapor pressure of 1.5 psia (77.5 mm Hg) or less. (c) Pressure tanks and pressurized vessels used exclusively for the s torage of liquefied

gases. (3) Surface Coating and Printing Equipment: (a) The aggregate of all surface coating operations of a source in whi ch no coated product is heat cured and a combined total of one gallon per day or less of all coating materials and

solvents are used. (b) Application equipment for architectural surface coatings is used for commercial and residential applications. (c) Any coating operation, which employs only hand-held aerosol can s, where VOC emissions do not exceed three pounds on any single day. (d) Any printing operation which employs a combination of prin ting presses with a maximum of 500 square inches (3226 cm2) of impression area an d a maximum of two units per printing press. For the purposes of this rule, "unit s" means the number of printing

surfaces. (4) Solvent Cleaning Equipment: Unheated, non-conveyorized, cleaning or coating equipment that does not include control enclosures: (a) With an open surface area of one square meter (10.8 square feet) o r less and an internal volume of 350 liters (92.5 gallons) or less, having an o rganic solvent loss of three gallons per day or less, or (b) Using only organic solvents with an initial boiling poin t of 302°F (150°C) or greater and having an organic solvent loss of three gallons per day o r less, or (c) Using materials with a VOC content of two percent or less by volume (20 cubic centimeters per liter). (5) Internal Combustion Equipment: (a) Internal combustion engines with a manufacturer's maximum cont inuous rating of 50 horsepower or less or a maximum accumulative rating of 250 ho rsepower or less for engines used in the same process at one source. (b) Internal combustion engines used solely as a source of unlimit ed standby power or emergency purposes and operated at or below 500 hours per year for routine testing and emergency standby operation for each internal combustion engine and provided such source demonstrates that the potential emissions at 500 hours of op eration each of all internal combustion engines do not exceed 4,000 pounds of nitrogen oxides or carbon monoxide perEC/R DRAFT

2/4/09

36 

### State **Exemptions**

year as evidenced by an installed hour meter or written usage recor ds maintained by the operator; and (i) Are only used for power when normal power line service fails; or (ii) Are only used for the emergency pumping of water. (iii) This exemption does not apply to internal combustion engines used as standby power due to a voluntary reduction in power by the power com pany. (c) Engines used to propel motorized vehicles. (d) Gas turbines with a maximum heat input at ISO Standard Day Co nditions of less than 3,000,000 BTU (3,162,000 kilojoules) per hour fired excl usively with natural gas and/or liquefied petroleum gas. (e) Portable internal combustion engines used on a temporary basis of no more than 30 days per calendar year at any one facility. (6) Food Equipment: (a) Equipment, excluding boilers, used in eating establishments o r other retail establishments for the purpose of preparing food for human consumption. (b) Bakeries: (i) Mixers and blenders used in bakeries where the products are edibl e and intended for human consumption. (ii) Ovens at bakeries whose total production is less than 10,000 pounds (4,535 kg) per operating day. (7) Miscellaneous: (a) Diesel contaminated soil remediation projects, where no heat is app lied. (b) Self-contained, enclosed blast and shot peen equipment where the t otal internal volume of the blast section is 50 cubic feet or less and where any venti ng is done via pollution control equipment. (c) Those laboratory acids which have both a pH above 1.5 and an agg regate daily emission to ambient air of vapor/mists from all such acids not exceedin g three pounds on any single day. (d) Brazing or welding equipment. (e) Hand soldering equipment. (f) A source whose aggregate of all wood working equipment totals 50 horsepower or less. (g) Equipment used for buffing, carving, cutting, drilling, surface grinding, machining, planing, routing, sanding, sawing, shredding, or turn ing of ceramic artwork, precision parts, leather, metals, plastics, rubber, fiberboard, masonry, carbon, graphite or glass. (h) Refrigerant recovery equipment. (i) Building maintenance or janitorial activities. (j) A source whose aggregate of all miscellaneous equipment, processes o r production lines

not otherwise identified in this section has total uncontrol led emissions of less than three pounds (1.4 kg) VOC or PM10 during any day and less t han 5.5 pounds (2.5 kg) of any other regulated air pollutant during any day. (k) A person to begin actual construction of a source subject to Ru le 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these r ules. (l) A person to make a modification to a source subject to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules.

* * * * *
308 EXEMPTIONS: Notwithstanding Sections 301, 302, and 303 of this rule, the following sources shall not require a permit, unless the source is a majo r source, or unless operation without a permit would result in a violation of the Act:

308.1 Sources subject to 40 CFR 60, Subpart AAA, Standards of Per formance for New

Residential Wood Heaters.
308.2 Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR 61.145. [Asbestos NESHAP ]EC/R DRAFT

2/4/09

37 

### State **Exemptions**

308.3 Agricultural equipment used in normal farm operations. Agricu ltural equipment used in normal farm operations, for the purposes of this rule, does not include equipment that would be classified as a source that would require a permit under Title V of the Act, or would be subject to a standard under 40 CFR parts 60 or 61.

* * * * *

REGULATION II - PERMITS AND FEES
RULE 220 NON-TITLE V PERMIT PROVISIONS

* * * * * SECTION 403 SOURCE CHANGES THAT REQUIRE NON-TITLE V PERMIT
REVISIONS: 403.1 A source with a Non-Title V permit may make any phys ical change or change in the method of operation without revising the source's permit, un less the change is specifically prohibited in the source's permit or is a change described in the following subsections . A change that does not require a permit revision may still be subject to requirements in Section

404 of this rule.

403.2 The following changes at a source with a Non-Title V permit s hall require a permit

revision:

a. A change that triggers a new applicable requirement or violates an ex isting applicable requirement;

b. Establishment of, or change in, an emissions cap;

c. A change that will require a case-by-case determination of an emiss ions limitation or other standard, or a source specific determination of ambient impacts, or a visibility or increment analysis;

d. A change that results in emissions which are subject to monit oring, recordkeeping, or reporting under Sections 302.6, 302.7, and 302.8 of this rule, if the emissions cannot be measured or otherwise adequately quantified by monitoring, recor dkeeping, or reporting requirements already in the permit;

e. A change that will authorize the burning of used oil, used o il fuel, hazardous waste or hazardous waste fuel, or any other fuel not currently authorized by the permit;
f. A change that requires the source to obtain a Title V permit u nder Rule 210-Title V Permit Provisions of these rules;

g. Replacement of an item of air pollution control equipment lis ted in the permit with one that does not have the same or better pollutant removal efficiency;

h. Establishment or revision of an emissions limit under Secti on 304 of this rule;
i. Increasing operating hours or rates of production above the per mitted level; and j. Making a change that relaxes monitoring, recordkeeping, or repor ting requirements, except when the change results: (1) From removing equipment that results in a permanent decrease in actual emissions, if the source keeps on-site records of the change in a log that satisfi es Section 500 of this rule and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or (2) From a change in an applicable requirement.

SECTION 404 PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE

A NON-TITLE V PERMIT REVISION: 404.1 Except for a physical change or change in the method o f operation at a Non-Title V source requiring a permit revision under Section 403 of this rul e or a change subject to logging or notice requirements in Section 404.2 of this rule o r Section 404.3 of this rule, a change at a Non-Title V source shall not be subject to revisi on, notice, or logging requirements under

these rules.
404.2 Except as otherwise provided in the conditions applicable to an emissions cap created under Rule 201-Emissions Caps of these rules, the followin g changes may be made if theEC/R DRAFT

2/4/09

38 

### State **Exemptions**

source keeps on-site records of the changes according to Section 5 00 of this rule:

a. Implementing an alternative operating scenario, including raw m aterial changes;

b. Changing process equipment, operating procedures, or making an y other physical change if the permit requires the change to be logged;

c. Engaging in any new exempted activity listed in Rule 200-Perm it Requirements, Section 303.3(c) of these rules, but not listed in the permit;

d. Replacing an item of air pollution control equipment listed in the permit with an identical (same model, different serial number) item. The Control Off icer may require verification of efficiency of the new equipment by performance tests; and

e. Making a change that results in a decrease in actual emissions, if the source wants to claim credit for the decrease in determining whether the source has a net em issions increase for any purpose. The logged information shall include a description of the change that will produce the decrease in actual emissions. A decrease that has not been logged is creditable only if the decrease is quantifiable, enforceable, and otherwise qualifies as a cred itable decrease.

404.3 Except as otherwise provided in the conditions applicable to an emissions cap created under Rule 201-Emissions Caps of these rules, the followin g changes may be made if the source provides written notice to the Control Officer in advan ce of the change as provided

below:

a. Replacing an item of air pollution control equipment listed in the permit with one that is not identical but that is substantially similar and has the same or better pollutant removal efficiency: 7 days. The Control Officer may require verificat ion of efficiency of the new equipment by performance tests;

b. Making a physical change or change in the method of operation that increases actual emissions more than 10% of the major source threshold for an y conventional air pollutant but does not require a permit revision: 7 days;

c. Replacing an item of air pollution control equipment listed i n the permit with one that is not substantially similar but that has the same or better efficiency: 30 days. The Control Officer may require verification of efficiency of the new equipment by performance tests;

d. Making any change that would trigger an applicable requirement th at already exists in the permit: 30 days, unless otherwise required by the applicable r equirement;

e. Making a change that amounts to reconstruction of the source or an affected facility: 7 days. For purposes of this section reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new components exceed 50% of th e fixed capital cost of a comparable entirely new source or affected facility and the changes to the components have occurred over the 12 consecutive months beginning with commencem ent of construction; and

f. Making a change that will result in the emissions of a new r egulated air pollutant above an applicable regulatory threshold, but that does not trigger a n ew applicable requirement for that source category: 30 days. For purposes of this requirement, an applicable regulatory threshold for a conventional air pollutant shall be 10% of the applicab le major source threshold for that pollutant.

404.4 For each change under Section 404.3 of this rule, the written n otice shall be by certified mail or hand delivery and shall be received by the Control Offi cer the minimum amount of time in advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided with less than required notice, but must be provided as far in advance of the change, or if advance notification is not practicable, as soon after the change, as possible.

404.5 The written notice shall include:

a. When the proposed change will occur;

b. A description of the change;

c. Any change in emissions of regulated air pollutants; and

d. Any permit term or condition that is no longer applicable as a result of the change.

404.6 Notwithstanding any other part of this section of this ru le, the Control Officer mayEC/R DRAFT

2/4/09

39 

### State **Exemptions**

require a permit to be revised for any change that, when consid ered together with any other changes submitted by the same source under this section of thi s rule over the term of the permit, constitutes a change under Section 403.2 of this rul e. 404.7 If a source change is described under both Section 404.2 of th is rule and Section 404.3 of this rule, the source shall comply with Section 404.3 of th is rule.

404.8 If a source change is described under both Section 404.3 of th is rule and Section 403.1 of this rule, the source shall comply with Section 403.1 of th is rule.

404.9 A source may implement any change under Section 404.3 of this rule without the required notice by applying for a minor permit revision und er Section 405.2 of this rule and complying with Section 406.1 of this rule.



### California

Feather

River

AQMD RULE 4.3 EXEMPTIONS FROM PERMIT (Adopted 8/91, Amended 10/01/2007)

(New and existing operations) An Authorization to Construct or Permit to Operate shall not be required for: a. Vehicles as defined by the Vehicle Code of the State of Calif ornia, but not including any article, machine, equipment or other contrivance mounted on such vehicle that would otherwise require a permit under the provisions of these Rules and Regulations. b. Vehicles used to transport passengers or freight. c. Equipment utilized exclusively in connection with any struct ure, which structure is designed for and used exclusively as a dwelling for not more than two (2) families. d. The following equipment: 1) Comfort air conditioning or comfort ventilating syste ms which are not designed to remove air contaminants generated by or released from specific units or equipment; 2) Refrigeration units except those used as, or in conjunctio n with air pollution control equipment; 3) Water-cooling towers and water-cooling ponds not used fo r evaporative cooling or process water, or not used for evaporative cooling of water fr om barometric jets or from barometric condensers; 4) Equipment used exclusively for steam cleaning; 5) Presses used exclusively for extruding metals, minerals, pl astics or wood; 6) Residential incinerators when used for burning of paper o r leaves. e. Space heaters. f. Equipment used in eating establishments for the purpose o f preparing food for human consumption. g. Self-propelled mobile construction equipment other than pav ement burners. h. The APCO may exempt any process, article, machine, equipment or other contrivance with uncontrolled emissions which never exceed 2 pounds in any 24 hour period. i. Equipment used exclusively in agricultural operations. Thi s exemption does not apply to agricultural sources of air pollution as defined in Californi a Health & Safety Code 39011.5

that are: 1) Major sources or Major Modifications, as defined in Rule 1 0.1, New Source Review, or 2) Majors Sources of HAPs (Hazardous Air Pollutants) as defi ned in Rule 10.7, Toxics New Source Review, or 3) Large confined animal facilities as defined in California Healt h and Safety Code 40724.6,

or 4) An agricultural source of air pollution that emits in any 12-month period air emissions greater than or equal to the following quantities of emission s: a. 50 percent of the major source thresholds for regulated air pollutants (excluding Hazardous Air Pollutants (HAPs)); b. 5 tons per year of a single HAP; c. 12.5 tons per year of any combination of HAPs; and d. 50 percent of any lesser threshold for a single HAP as the U.S.EPA may establish by

rule.EC/R DRAFT

2/4/09

40 

### State **Exemptions**

Colorado PART B CONCERNING CONSTRUCTION PERMITS

II. General Requirements For Construction Permits II.A.6. Owners or operators of sources that have valid operati ng permits in accordance with Part C [Title V] of this regulation may construct or modi fy such source without obtaining a construction permit prior to construction or modification, provided the construction or modification qualifies for a minor permit modification or f or operational flexibility, and the applicable provisions as set forth in Sections X., XI., or XII. of Part C are met. In addition, all applicable requirements that are related to construction permit app roval and that are set forth in Sections III.D.1.a. through III.D.1.g. of this Part B r emain in effect. [This provides that sources with Title V permits can modify without a minor NSR permit if the change is eligible for a minor permit modification under Titl e V or under the operational flexibility provisions of the Title V rules. Also, suc h sources can only be approved to modify if they will meet all requirements that apply.]

II.D. Exemption from Construction Permit Requirements None of the exemptions listed below in Sections II.D.1. t hrough II.D.4. shall apply if a source is subject to Part A of Regulation Number 6 (New Source Perf ormance Standards) and/or Regulation Number 8 (Hazardous Air Pollutants), Parts A,C, D, and E. Permit exemptions taken under this section do not affect the applicability of the regulations to the source. An applicant may not omit any information regarding APEN or permit exempt emission units in any application if such information is needed to determine t he applicability of Title V (Part C of this Regulation Number 3), Prevention of Significant Det erioration (Section VI. of Part D of this Regulation Number 3), or Nonattainment New Source Review (Section V. of Part D of this Regulation Number 3). II.D.1. The following sources are exempt because by themselves, or cumulatively as a category, are deemed to have a negligible impact on air quality: II.D.1.a. Those sources exempted from the filing of Air Pol lutant Emission Notices in Section II.D. of Part A, of this regulation. [Listed followin g this Part B, Section II.D list] II.D.1.b. Containers, reservoirs, or tanks used exclusively for dipping operations for coating objects with oils, waxes, greases, or natural or synthetic resi ns containing no organic solvents. II.D.1.c. Stationary Internal Combustion Engines that: II.D.1.c.(i) Power portable drilling rigs; or II.D.1.c.(ii) Are emergency power generators that operate no more than two hundred and fifty hours per year; or II.D.1.c.(iii) Have uncontrolled actual emissions in: II.D.1.c.(iii)(A) Nonattainment areas of less than five tons per year or manufacturer’s site-rated horsepower of less than fifty; or II.D.1.c.(iii)(B) Attainment or attainment/maintenance areas of l ess than ten tons per year or manufacturer’s site-rated horsepower of less than one hundred. II.D.1.d. The collection, transmission, liquid treatment, an d solids treatment processes at domestic wastewater treatment works, or treatment facilities that treat only domestic type wastewater, except for combustion processes. II.D.1.e. Each individual piece of fuel burning equipment, o ther than smokehouse generators, that uses gaseous fuel, and that has a design rate less than or equal to ten million British thermal units per hour. II.D.1.f. Gasoline stations located in ozone attainment areas, excep t for stations located in the

Denver 1-hour ozone attainment/maintenance area. II.D.1.g. Surface mining activities that mine seventy thousan d tons or fewer of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exempt ion. II.D.1.h. Composting piles, however, all odor requirements of Regulation Number 2 must be

met.EC/R DRAFT

2/4/09

41 

### State **Exemptions**

II.D.1.i. Commercial and product quality control laboratory equipment. II.D.1.j. Fires and equipment used for noncommercial cooking of food for human consumption and for cooking of food for human consumption at commercial food service establishments. II.D.1.k. Petroleum industry flares, not associated with ref ineries, combusting natural gas containing no hydrogen sulfide except in trace (less than five hundred parts per million weight) amounts, approved by the Colorado Oil and Gas Conservation co mmission and having uncontrolled emissions of any pollutant of less than five t ons per year. II.D.1.l. Crude oil truck loading equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons of crude oil per d ay averaged on an annual basis. Condensate truck loading equipment at exploration and producti on sites that splash fill less than 6750 barrels of condensate per year or that submerge fill less than 16308 barrels of condensate per year. Crude oil or condensate loading truck equipment at cr ude oil production sites where the loading rate does not exceed 10,000 gallons per day averaged o ver any thirty-day period. II.D.1.m. Oil production wastewater (produced water tanks), co ntaining less than one percent by volume crude oil on an annual average, except for commercial facil ities that accept oil production wastewater for processing. II.D.1.n. Crude oil storage tanks with a capacity of 40,000 gallons or less. II.D.2. Facilities located in a nonattainment area for any criteri a pollutant for which the area is nonattainment; with total facility uncontrolled actual emission s (potential emissions at actual operating hours) that are less than the following amounts: II.D.2.a. Two tons per year volatile organic compounds. II.D.2.b. One ton per year PM10. II.D.2.c. One ton per year PM2.5. II.D.2.d. Five tons per year total suspended particulate. II.D.2.e. Five tons per year carbon monoxide. II.D.2.f. Five tons per year sulfur dioxide. II.D.2.g. Five tons per year nitrogen oxides. II.D.2.h. Two hundred pounds per year lead. For purposes of calculating total facility uncontrolled actual em issions, only those individual (or grouped) emission points requiring Air Pollutant Em ission Notices are to be considered.

II.D.3. Facilities located in attainment or attainment/maintenance areas for all criteria pollutants with total facility uncontrolled actual emissions less (potent ial emissions at actual operating hours) than the following amounts: II.D.3.a. Five tons per year volatile organic compounds. II.D.3.b. Five tons per year PM10. II.D.3.c. Five tons per year PM2.5. II.D.3.d. Ten tons per year total suspended particulate. II.D.3.e. Ten tons per year carbon monoxide. II.D.3.f. Ten tons per year sulfur dioxide. II.D.3.g. Ten tons per year nitrogen oxides. II.D.3.h. Two hundred pounds per year lead. For purposes of calculating total facility uncontrolled actual em issions, only those individual (or grouped) emission points requiring Air Pollutant Em ission Notices are to be considered. II.D.4. Facilities that emit any other criteria pollutant that is not listed in Sections II.D.2. and II.D.3., above (fluorides, sulfuric acid mist, hydrogen su lfide, total reduced sulfur, reduced sulfur compounds, and municipal waste combustor emissions), with total facility uncontrolled actual emissions of such pollutants that are less than two ton s per year. II.D.5. When a facility that was previously exempt from perm it requirements exceeds one of the permit de minimis levels stated in Sections II.D.2. thro ugh II.D.4., above, due to the addition of new emission points, the Division will issu e either a facility-wide permit for all non-grandfathered emission units above Air Pollutant Emissi on Notice de minimis levels, or individual emission permits for those emission units.EC/R DRAFT

2/4/09

42 

### State **Exemptions**

II.D.6. All incinerators require a permit as stated in Regulati on Number1, Section III.B.1. II.D.7. Oil and gas exploration and production operations t hat are addressed under Section II.D.1.lll. of this Regulation Number 3, Part A, and that are required to obtain a construction permit, are not required to file an application for a construct ion permit until they are required to file an Air Pollutant Emission Notice, as set forth in Secti on II.D.1.lll. The application shall include a list of all applicable requirements, and how the requi rements will be met until a construction permit is issued. II.D.8. Any person may request the Division to add sourc e categories to the permit exemption list, in accordance with the procedures set forth in Section II. D.4. of Part A of this regulation. II.D.9. Sources with a valid operating permit are not required to obtain a construction permit prior to commencing construction or modification, as set for th in Section II.A.6. of this Part B.

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING
AND PERMITTING II. Air Pollutant Emission Notice (APEN) Requirements II.D. Exemptions from Air Pollutant Emission Notice Req uirements II.D.1. Notwithstanding the exemptions contained in Section II.D.1., Air Pollutant Emission Notices must be filed for all emission units specifically iden tified in the applicability section of any subpart of Part A of Regulation Number 6 (New Source Perf ormance Standards) and/or Regulation Number 8 (Hazardous Air Pollutants), Parts A,C,D , and E. However, Air Pollutant Emission Notices need not be filed for wet screening operation s subject to Subpart OOO of the New Source Performance Standards if the exemption in Section II.D .1.cccc. is applicable. Stationary sources having emission units that are exempt from the requirement to file an Air Pollutant Emission Notice must nevertheless comply with all requirements that are otherwise applicable specifically to the exempted emission units, including , but not limited to: Title V, Prevention of Significant Deterioration, nonattainment New So urce Review, opacity limitations, odor limitations, particulate matter limitation s and volatile organic compounds

controls. An applicant may not omit any information regarding APEN exempt emission units in any permit application if such information is needed to determine t he applicability of Title V (Part C of this Regulation Number 3), Prevention of Significant Deterioration (Section VI., Part D of this Regulation Number 3), or nonattainment New Source Revi ew (Section V., Part D of this Regulation Number 3). The following sources are exempt from the requirement to file Air Pollutant Emission Notices because by themselves, or cumulatively as a category, they are deemed to have a negligible impact on air quality. II.D.1.a. Individual emission points in nonattainment areas having uncontrolled actual emissions of any criteria pollutant of less than one ton per year, and individual emission points in attainment or attainment/maintenance areas having uncontrolled act ual emissions of any criteria pollutant of less than two tons per year, and each indi vidual emission point with uncontrolled actual emissions of lead less than one hundred pou nds per year, regardless of

where the source is located. II.D.1.b. Individual emission points of non criteria rep ortable pollutants having uncontrolled

actual emissions less than the de minimis levels as determined f ollowing the procedures set forth in Appendix A. II.D.1.c. Air conditioning or ventilating systems not d esigned to remove air pollutants generated by or released from other processes or equipment. II.D.1.d. Fireplaces used for recreational purposes, inside or outside. II.D.1.e. Fires and equipment used for noncommercial cooking of food for human consumption, or cooking of food for human consumption at commercial foo d service establishments, except for char broilers and wood fired equipment (but not includi ng campfires) in PM10 nonattainment areas. Charbroiler shall mean a cooking device in a com mercial food serviceEC/R DRAFT

2/4/09

43 

### State **Exemptions**

establishment, either gas fired or using charcoal or other fu el, upon which grease drips down upon an open flame, charcoal or embers. II.D.1.f. Safety flares used to indicate danger to the public

. II.D.1.g. Agricultural operations such as farming, cultivati ng, harvesting, seasonal crop drying, grain handling operations that are below New Source Performance S tandards de minimis levels (including milling and grain elevator operations), and animal feeding operations that are not housed commercial swine feeding facilities as defined in Regulati on Number 2, Part B. This exemption does not apply to an agricultural operation that: (1 ) is a major source (as defined in Section I.B.23. of this art); (2) meets or exceeds the storag e capacity thresholds of a federal New Source Performance Standard (Regulation Number 6, Part A); o r (3) participates in the early reduction program of the Federal Act, Section 112. Ancillar y operations such as fueling stations located at farms or ranches are not exempt from Air Pol lutant Emission Notice and permit requirements unless otherwise below the de minimis emi ssion levels contained in this regulation, and are not exempt from other applicable regulation promulgated by the

Commission. II.D.1.h. Emissions from, or construction, or alteration of residential structures, including all buildings or other structures used primarily as a place of res idence, and including home heating

devices. II.D.1.i. Laboratories and research & development facilities: II.D.1.i.(i) Noncommercial (in house) experimental and analyti cal laboratory equipment that is bench scale in nature including quality control/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufactur ing or industrial facility, and research and development laboratories. II.D.1.i.(ii) Research and development activities that are of a sm all pilot scale and that process less than ten thousand pounds of test material per year; II.D.1.i.(iii) Small pilot scale research and development project s less than six months in

duration with controlled actual emissions less than five hund red pounds of any criteria pollutant or ten pounds of any non criteria reportable pollutant. II.D.1.j. Disturbance of surface areas for purposes of land d evelopment, that do not exceed twenty-five contiguous acres and that do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil ). II.D.1.k. Each individual piece of fuel burning equipment, other than smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate less than or equal to five million British thermal units per hour. (See definition of fuel burning equipment, Common Provisions Regulation). II.D.1.l. Internal combustion engines powering portable dri lling rigs. II.D.1.m. Exemption Repealed II.D.1.n. Chemical storage tanks or containers that hold less than five hundred gallons, and that have an annual average daily throughput of less than twenty-fiv e gallons. II.D.1.o. Unpaved public and private roadways, except for haul roads located within a stationary source site boundary. II.D.1.p. Sanding of streets and roads to abate traffic hazar ds caused by ice and snow. II.D.1.q. Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation N umber 9). II.D.1.r. Brazing, soldering, or welding operations, except those that use lead based compounds. All welding that occurs strictly for maintenance p urposes is exempt. II.D.1.s. Street and parking lot striping. II.D.1.t. Battery recharging areas. II.D.1.u. Aerosol can usage. II.D.1.v. Sawing operations, that is ancillary to facility o perations, and is not part of the production process. II.D.1.w. The process of demolition and re bricking of fu rnaces and kilns. This does not includeEC/R DRAFT

2/4/09

44 

### State **Exemptions**

subsequent operation of such furnaces or kilns. II.D.1.x. Road and lot paving operations at commercial and in dustrial facilities, except that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section. II.D.1.y. Adhesive use that is not related to production. II.D.1.z. Fire training activities. II.D.1.aa. Caulking operations that are not part of a producti on process. II.D.1.bb. Landscaping and site housekeeping devices equal to or less than ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.). II.D.1.cc. Fugitive emissions from landscaping activities (e. g., weeding, sweeping). II.D.1.dd. Landscaping use of pesticides, fumigants, and herb icides. II.D.1.ee. Exemption Repealed II.D.1.ff. Emergency events such as accidental fires. II.D.1.gg. Smoking rooms and areas. II.D.1.hh. Plastic pipe welding. II.D.1.ii. Vacuum cleaning systems used exclusively for indu strial, commercial, or residential housekeeping purposes. II.D.1.jj. Beauty salons. II.D.1.kk. Operations involving acetylene, butane, propane and other flame cutting torches.

II.D.1.ll. Pharmacies. II.D.1.mm. Chemical storage areas where chemicals are stored in clos ed containers, and where total storage capacity does not exceed five thousand gallons. This exemption applies solely to storage of such chemicals. This exemption does not apply to tr ansfer of chemicals from, to, or

between such containers. II.D.1.nn. Architectural painting, roof coating material and as sociated surface preparation (except for sandblasting and except for volatile organic compound emissions, associated with surface preparation, above Air Pollutant Emission Notice de mi nimis levels) for maintenance purposes at industrial or commercial facilities. II.D.1.oo. Emissions that are not criteria (as defined in Se ction I.B.16. of this part) or noncriteria reportable pollutants (as defined in Section I.B.28. of this part) (These emissions include methane, ethane, and carbon dioxide). II.D.1.pp. Janitorial activities and products. II.D.1.qq. Grounds keeping activities and products.

II.D.1.rr. Sources of odorous emissions that do not uti lize emission control equipment for control of odorous emissions. This exemption applies to t he odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation Number 2.

II.D.1.ss. Truck and car wash units. II.D.1.tt. Office emissions, including cleaning, copying, an d restrooms. II.D.1.uu. Exemption Repealed II.D.1.vv. Electrically operated curing ovens, drying ovens an d similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens. II.D.1.ww. Equipment used exclusively for portable steam cleani ng. II.D.1.xx. Blast cleaning equipment using a suspension of ab rasive in water and any exhaust system or collector serving them exclusively. II.D.1.yy. Commercial laundries (except dry cleaners) that do not burn liquid or solid fuel. II.D.1.zz. Storage of butane, propane, or liquefied petroleum gas in a vessel with a capacity of less than sixty thousand gallons, provided the requirements of Regulation Number 7, Section IV. are met, where applicable. II.D.1.aaa. Storage tanks of capacity less than forty thousan d gallons of lubricating oils or used lubricating oils.EC/R DRAFT

2/4/09

45 

### State **Exemptions**

II.D.1.bbb. Venting of compressed natural gas, butane or pro pane gas cylinders, with a capacity of one gallon or less. II.D.1.ccc. Fuel storage and dispensing equipment in ozone attain ment areas operated solely for company owned vehicles where the daily fuel throughput is no m ore than four hundred gallons per day that is calculated as an annual average. Sources in an ozone at tainment/maintenance area must utilize Stage 1 vapor recovery on all tanks greater than 550 gallons capacity, as required by Regulation Number 7, in order to take this exemp tion. II.D.1.ddd. Exemption Repealed II.D.1.eee. Indirect sources are exempt until a permit regulation specific to indirect sources is promulgated by the Commission. II.D.1.fff. Storage tanks meeting all of the following crit eria: II.D.1.fff.(i) Annual throughput is less than four hun dred thousand gallons; and II.D.1.fff.(ii) The liquid stored is one of the followi ng: II.D.1.fff.(ii)(A) Diesel fuels 1 D, 2 D, or 4 6; II.D.1.fff.(ii)(B) Fuel oils #1 through #6; II.D.1.fff.(ii)(C) Gas turbine fuels 1 GT through 4 GT ; II.D.1.fff.(ii)(D) oil/water mixtures with a vapor pressu re equal to or lower than that of diesel fuel (Reid Vapor Pressure of 0.025 pounds per square inch ab solute). II.D.1.ggg. Each individual piece of fuel burning equipment that uses gaseous fuel, and that has a design rate less than or equal to ten million British therm al units per hour, and that is used solely for heating buildings for personal comfort. II.D.1.hhh. Natural gas vehicle fleet fueling facilities. II.D.1.iii. Electric motors driving equipment at non-commer cial machining shops. II.D.1.jjj. Recreational swimming pools.

II.D.1.kkk. Forklifts. II.D.1.lll. Oil and gas exploration and production operatio ns (well site and associated equipment) shall provide written notice to the Colorado Oil and Gas Conservation Commission of proposed drilling locations prior to commencement of such operations. Air Pollutant Emission Notices are not required until after exploration and/ or production drilling, workovers, completions, and testing are finished. If production will result in reportable emissions, the own er or operator shall file an Air

Pollutant Emission Notice with the Division within thir ty days after the well completion or recompletion report and log is filed with the appropriate stat e or federal agency. If production will not occur, or production will not result in reportab le emissions, the owner or operator shall submit written notice to the Division indicating that the w ell was plugged, or that emissions are otherwise not reportable. If production will result in repo rtable emissions, the owner or operator

shall file an Air Pollutant Emission Notice with the Divis ion within thirty days after the report of first production is filed with the appropriate state or federal agency but no later than ninety days following the first day of production. II.D.1.mmm. Handling equipment and associated activities for g lass that is destined for recycling. II.D.1.nnn. Fugitive emissions of hazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from under ground mines or surface mines unless such source is a major so urce of hazardous air pollutants under Part C of Regulation Number 3. II.D.1.ooo. The use of pesticides, fumigants, and herbicides when used in accordance with requirements established under the federal Insecticide, Fungicide and Rodenticide Act as established by the U.S. EPA (United States Code Title 7, Secti on 136 et seq.). II.D.1.ppp. Ventilation of emissions from mobile sources operating within a tunnel, garage, or building. II.D.1.qqq. Non-asbestos demolition. II.D.1.rrr. Sandblast equipment when the blast media is recycl ed and the blasted material isEC/R DRAFT

2/4/09

46 

### State **Exemptions**

collected, including small sandblast glove booths. II.D.1.sss. Stationary Internal Combustion Engines that m eet the following specifications: II.D.1.sss.(i) Less than or equal to 175 horsepower that o perate less than 1,450 hours per year;

or II.D.1.sss.(ii) Greater than 175 horsepower and less than or equal to 300 horsepower that operate less than 850 hours per year; or II.D.1.sss.(iii) Greater than 300 horsepower and less than o r equal to 750 horsepower that operate less than 340 hours per year. II.D.1.ttt. Emergency power generators that: II.D.1.ttt.(i) Have a rated horsepower of less than 260; or II.D.1.ttt.(ii) Operate no more than 250 hours per year and have a rated horsepower of less than 737; or II.D.1.ttt.(iii) Operate no more than 100 hours per year and have a rated horsepower of less than 1,840. II.D.1.uuu. Surface water storage impoundment of not potable water and storm water evaporation ponds, except oil production wastewater (produced w ater tanks) containing equal to or more than one percent by volume crude oil on an annual av erage, and commercial facilities that accept oil production wastewater for processing. II.D.1.vvv. Non-potable water pipeline vents. II.D.1.www. Steam vents and safety release valves. II.D.1.xxx. Deaerator/vacuum pump exhausts. II.D.1.yyy. Seal and lubricating oil systems for steam tu rbine electric generators. II.D.1.zzz. Venting of natural gas lines for safety purposes. II.D.1.aaaa. Chemical Storage Tanks II.D.1.aaaa.(i) Sulfuric acid storage tanks not to exceed ten tho usand five hundred gallons capacity. II.D.1.aaaa.(ii) Sodium hydroxide storage tanks. II.D.1.bbbb. Containers, reservoirs, or tanks used exclusi vely for dipping operations that contain no organic solvents for coating objects with oils, w axes, greases, or natural or synthetic

resins. II.D.1.cccc. Wet screening operations notwithstanding the applicab ility of the New Source Performance Standards included in the Code of Federal Regulations , Title 40, Part 60, Subpart

OOO. II.D.1.dddd. Non-road engines as defined in Section I.B.29. of this Part A, except certain nonroad engines subject to state-only air pollutant emission n otice and permitting requirements pursuant to Section I.B.29.c. of this part. II.D.1.eeee. Exemption Repealed II.D.1.ffff Air Curtain Destructors burning only yard w aste, wood waste, and clean lumber, or any mixture thereof generated as a result of projects to reduce t he risk of wildfire and are not located at a commercial or industrial facility. Air curtain inciner ators that are considered incinerators as defined by the Common Provisions do not meet this exemption.

II.D.2. An Air Pollutant Emission Notice must be filed f or all incinerators. II.D.3. Air Pollutant Emission Notices are required for em ergency and backup generators that are ancillary to the main units at electric utility facilities ho wever, these units may be included

on the same Air Pollutant Emission Notice as the main unit. II.D.4. Any person may request the Division to examine a par ticular source category or activity for exemption from Air Pollutant Emission Notice or permi t requirements. II.D.4.a. Such requests shall be made separately from the permit application review procedure. II.D.4.b. Such requests shall include documentation indicati ng that emissions from the source category or activity have a negligible impact on air quality and public health in Colorado, based on, but not limited to, the following criteria. II.D.4.b.(i) Emissions from the source or activity are belo w the Air Pollutant Emission NoticeEC/R DRAFT

2/4/09

47 

### State **Exemptions**

or permit emission de minimis levels set forth in this R egulation Number 3; or II.D.4.b.(ii) The existing Division emission inventory is sufficient to indicate that the source or activity has a negligible impact; or II.D.4.b.(iii) For permit exemptions, criteria in Sections II.D.4.b.(i) and/or II.D.4.b.(ii), above, are met, and the source or activity has no applicable requirement that applies to it, and the Division finds that monitoring or record keeping are not n ecessary. II.D.4.b.(iv) Exemptions shall not be granted for any so urce or activity that is subject to any federal applicable requirement. The Division shall determine on a cas e-by-case basis if sources or activities subject to state only regulations may be granted an exemption. II.D.4.c. None of the activities submitted as exemption requ ests to the Division may be taken by a source until the Commission has duly adopted the exemp tions as revisions to this Regulation Number 3 and the U.S. EPA has approved the exempti on requests.



### Florida (3) Exemptions. Except as otherwise provided herein, an owner or operator shall not be required to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., for a ny facility, emissions unit or pollutant-emitting activity that satisfies the applicable criter ia of paragraph 62-210.300(3)(a) or (b), F.A.C., or has been exempted from permitting pursuan t to Rule 62-4.040 [see follow], F.A.C. Failure of a facility, emissions unit or activity to satisfy the exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., does not preclu de such facility, emissions unit or activity from being considered for exemption pursuant to Rul e 62-4.040, F.A.C. Notwithstanding the above, no emissions unit or activity s hall be exempt from the requirement to obtain an air construction permit or non-Title V air ope ration permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if it woul d be subject to any unit-specific applicable requirement, including a PAL. Furthermore, no new, r econstructed, or modified emissions unit or activity shall be exempt from the requirem ent to obtain an air construction permit if its emissions would contribute to a major modi fication or to any modification that would be a major modification but for the provisions of p aragraph 62-212.400(2)(a), F.A.C. An emissions unit or pollutant-emitting activity exempt fro m the requirement to obtain an air construction permit shall not be exempt from the permitting requirements of Chapter 62-213, F.A.C., if it is contained within a Title V source or if i ts emissions, in combination with the

emissions of other emission units and activities at the facili ty, would cause the facility to be classified as a Title V source. Exemption from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an ai r general permit pursuant to Rule 62- 210.310, F.A.C., does not relieve any emissions unit or activity from complying with any requirement under 40 CFR Part 60, 61, or 63, adopted and i ncorporated by reference at Rule 62-204.800, F.A.C., to which it is subject, even if such requirement is not a unit-specific applicable requirement. Furthermore, an exempt emissions unit or activity shall be subject to any general, facility-level applicable requirements, and its emissio ns shall be considered in determining the applicability of permitting requirements to o ther emissions units at the facility or to the facility as a whole. (a) Categorical and Conditional Exemptions. Except as otherwis e provided at subsection 62- 210.300(3), F.A.C., above, the following facilities, emi ssions units, and pollutant-emitting activities shall be exempt from any requirement to obtain an airconstruction permit or nonTitle V air operation permit, or to use an air general permit p ursuant to Rule 62-210.310, F.A.C. The exemptions listed at subparagraphs 62-210.300( 3)(a)23. through 37., F.A.C., are valid only if the owner or operator ensures that the conditio ns of exemption are met. 1. Home heating and comfort heating with a gross maximum heat output of less than one million Btu per hour. 2. Internal combustion engines in boats, aircraft and vehicles u sed for transportation of passengers or freight. 3. Incinerators in one or two family dwellings or in mult i-family dwellings containing four orEC/R DRAFT

2/4/09

48 

### State **Exemptions**

less family units, one of which is owner-occupied. 4. Noncommercial and nonindustrial vacuum cleaning systems used exclusively for residential housekeeping purposes. 5. Cold storage refrigeration equipment, except for any such eq uipment located at a Title V source using an ozone-depleting substance regulated under 40 C. F.R. Part 82. 6. Vacuum pumps in laboratory operations. 7. Equipment used for steam cleaning. 8. Belt or drum sanders having a total sanding surface of fiv e square feet or less and other equipment used exclusively on wood or plastics or their prod ucts having a density of 20 pounds per cubic foot or more. 9. Equipment used exclusively for space heating, other than boi lers. 10. Noncommercial smoke houses used exclusively for smoking f ood products. 11. Bakery ovens located at any retail bakery facility which deriv es at least fifty percent of its revenues from retail sales on premises. Also, bakery ovens located at any commercial bakery facility utilizing only non-conveyor belt ovens operating o n a single baking cycle in which a determinate amount of product is cooked at one baking (i.e., batch ovens). 12. Laboratory equipment used exclusively for chemical or physi cal analyses. 13. Brazing, soldering or welding equipment. 14. Laundry dryers, extractors, or tumblers for fabrics clean ed with only water solutions of bleach or detergents. 15. Fire and safety equipment. 16. Petroleum lubrication systems. 17. Application of fungicide, herbicide, or pesticide.

18. Asbestos renovation and demolition activities. 19. Vehicle refueling operations and associated fuel storage.

20. Restaurants. 21. Burning of drugs seized by law enforcement agencies in boil ers with a heat input of 250 million Btu per hour or more. 22. Phosphogypsum cooling ponds and inactive phosphogyps um stacks which have demonstrated compliance with the requirements of 40 CFR Part 61 , Subpart R, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 23. Degreasing units using heavier-than-air vapors exclusively, provided that such units shall not use any substance containing any hazardous air pollutant. 24. Non-halogenated solvent storage and cleaning operations, pr ovided that such operations shall not use any solvent containing any hazardous air pollutan t. 25. Petroleum dry cleaning facilities, provided the solvent con sumption shall be less than 3,250 gallons per year. 26. Portable air curtain incinerators, provided the following conditions are met. a. Except as provided at sub-subparagraph c., only land clearing debris and appropriate starting

fuel shall be burned in the air curtain incinerator. The air curt ain incinerator shall not be used to burn any material prohibited to be open-burned as set forth at subsection 62-256.300(3), F.A.C. Only kerosene, diesel fuel, drip torch fuel (as used to ignit e prescribed fires), untreated wood, virgin oil, natural gas or liquefied petroleum gas shall be u sed to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. b. The air curtain incinerator, alone or in combination with any other air curtain incinerator(s) claiming this exemption from air permitting, shall not be d eployed at a single site for more than six (6) months in any consecutive twelve (12) months and, except as provided at subsubparagraph c., shall not burn any material other than land clear ing debris generated at the site or at any other site under control of the same person (or pers ons under common control). For purposes of this provision, a site is any and all location s on one (1) or more contiguous or adjacent properties which are under the control of the same person (or persons under common control), except that, in the case of a linear right-of-way, a site is any and all locations withinEC/R DRAFT

2/4/09

49 

### State **Exemptions**

any one-mile span of right-of-way. Any deployment of one (1) or more air curtain incinerators at a single site for more than six (6) months in any consecut ive twelve (12) months, and, except as provided at sub-subparagraph c., any use of an air curtain i ncinerator at a site to burn material other than land clearing debris generated at the site or an y other site under control of the same person (or persons under common control), shall requ ire an appropriate air permit. c. Notwithstanding the provisions of sub-subparagraphs a. and b., the air curtain incinerator may be used for up to six (6) months in any consecutive tw elve (12) months at any location for the destruction of animal carcasses in accordance with the provisio ns of subsection 62- 256.700(6), F.A.C., the burning of storm-generated debris in accordance with the provisions of subsection 62-256.700(8), F.A.C., or the destruction of insect or disease-infested vegetation in accordance with the provisions of subsection 62-256.700(9), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be b urned to maintain good

combustion. d. If the air curtain incinerator employs an earthen trench, the p it walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to p rovide enough residence time and mixing for proper combustion and control of emis sions. Pit width shall not exceed twelve (12) feet.

e. Material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air curtain in the pit. f. Ash shall not be allowed to build up in the pit of t he air curtain incinerator to higher than 1/3 the pit depth or to the point where the ash begins to imp ede combustion, whichever occurs first. g. Visible emissions from the air curtain incinerator shall n ot exceed ten percent (10%) opacity, six (6) minute average, except for up to thirty (30) minutes during periods of startup when visible emissions up to thirty-five percent (35) opacity, six (6) minute average, shall be allowed. For purposes of this exemption, these visible emis sions limitations shall not be considered unit-specific applicable requirements.

h. The air curtain incinerator shall be attended at all times wh ile materials are being burned or

flames are visible within the incinerator.

i. The air curtain incinerator shall be located at least 50 feet awa y from any wildlands, brush, combustible structure, or paved public roadway and 300 feet away from any occupied building. j. If the air curtain incinerator is equipped with refractory-l ined walls, charging shall begin no

earlier than sunrise and must end no later than one hour after sunset. If the air curtain incinerator is not equipped with refractory-lined walls, chargi ng shall begin no earlier than 8:00

a.m. Central time or 9:00 a.m. Eastern time and must end no l ater than one hour after sunset. After charging ceases, air flow shall be maintained until all mat erial within the air curtain incinerator has been reduced to coals, and flames are no longer vis ible. A log shall be maintained onsite that documents daily beginning and ending t imes of charging. k. Prior to any period of operation of the air curtain incin erator, the owner or operator shall contact the Division of Forestry regarding the planned burnin g activity. l. If the owner of the air curtain incinerator, by lease or oth er means, grants authority to operate the incinerator to a person not in the employ of the owner, the owner shall provide such person with a copy of the conditions of this exemption. m. If the air curtain incinerator is operated in compliance with all conditions of this exemption, it shall not be subject to the requirements of subsection 62- 296.401(7), F.A.C. 27. Surface coating operations within a single facility, prov ided: a. The surface coating operation shall use only coatings containin g 5.0 percent or less VOC, by volume, or the total quantity of coatings containing greater than 5.0 percent VOC, by volume, used at the facility shall not exceed 6.0 gallons per day, averaged monthly, where the quantity of coatings used includes all solvents and thinners used in t he process or for cleanup; and b. Such operations are not subject to any unit-specific applicab le requirement. 28. Volume reduction processes as defined in Rule 62-296.417, F.A.C., provided the owner orEC/R DRAFT

2/4/09

50 

### State **Exemptions**

operator shall manage only spent mercury-containing lamps remov ed from the facility where the volume reduction process is located. 29. Mercury recovery processes as defined in Rule 62-296.417, F .A.C., provided the owner or operator shall manage only spent mercury-containing devices tempor arily or permanently removed from service from the owner or operator’s own faciliti es or installations. 30. Bulk gasoline plants, provided: a. The facility receives and distributes only petroleum-based lub ricants, gasoline, diesel fuel, mineral spirits and kerosene; b. The total storage capacity for gasoline at the facility does n ot exceed 100,000 gallons; c. The facility shall not exceed a throughput rate (receive and dist ribute) of 1.3 million gallons of gasoline in any consecutive twelve (12) months; and d. The facility is not subject to Rule 62-296.418, F.A.C

. 31. Relocatable wet screening-only operations, provided: a. The screening operation is not connected to a nonmetallic miner al processing plant subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by r eference at Rule 62-204.800, F.A.C.; b. No hazardous waste, as defined in Section 403.703, F.S., shall be processed; and c. The operation shall not operate at a single site for more th an six (6) months in any consecutive twelve (12) months. For purposes of this provi sion, a site is any and all locations on one or more contiguous or adjacent properties which are und er the control of the same person (or persons under common control). 32. Brownfield site remediation, as described at Rule 62-785.7 00, F.A.C., provided that the total volatile organic compounds in the air emissions from a ll onsite remediation equipment shall not exceed 13.7 pounds per day. 33. Fossil fuel steam generators, hot water generators, and ot her external combustion heating units with heat input capacity equal to or less than 10 milli on Btu per hour, provided the following conditions are met with respect to each such unit. a. The unit is not subject to the Acid Rain Program, CAIR P rogram, or any unit-specific applicable requirement. b. The rated heat input capacity of the unit is equal to or l ess than 10 million Btu per hour and, collectively, the total rated heat input capacity of all units claim ing this exemption at the same facility is less than 10 million Btu per hour. c. The unit shall not burn used oil or any fuels other th an natural gas or propane, except that fuel oil with a sulfur content not exceeding 1.0 percent by wei ght may be burned during periods of natural gas curtailment. 34. Fossil fuel steam generators, hot water generators, and ot her external combustion heating units with heat input capacity less than 100 million Btu per hour, provided the following conditions are met with respect to each such unit. a. The unit is not subject to the Acid Rain Program, CAIR P rogram, or any unit-specific applicable requirement. b. The rated heat input capacity of the unit is less than 100 million Btu per hour and, collectively, the total rated heat input capacity of all units claim ing this exemption at the same facility is less than 250 million Btu per hour.

c. The unit shall not burn more than the maximum annual amoun t of a single fuel, as given in sub-subparagraph e., or equivalent maximum annual amounts of m ultiple fuels, as addressed in sub-subparagraph f. d. Collectively, all units claiming this exemption at the s ame facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph g., or equivalent collective maximum annual amounts of multiple fuels, as addressed in subsubparagraph h. e. If burning only one (1) type of fuel, the annual amount of fuel burned by the unit shall not exceed 150 million standard cubic feet of natural gas, one milli on gallons of propane, oneEC/R DRAFT

2/4/09

51 

### State **Exemptions**

million gallons of fuel oil with a sulfur content not ex ceeding 0.05 percent, by weight, 290,000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145,000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight. f. If burning more than one (1) type of fuel, the equivalent annual amount of each fuel burned by the unit shall not exceed the maximum annual amount of such fuel, as given in subsubparagraph e., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by the unit to th e total annual amount of such fuel allowed to be burned by the unit pursuant to sub-subparag raph e. The sum of the fuel percentages for all fuels burned by the unit must be less than or equal to 100 percent. g. If burning only one (1) type of fuel, the collective annu al amount of fuel burned by all units claiming this exemption at the same facility shall not exceed 375 million standard cubic feet of natural gas, 2.5 million gallons of propane, 2.5 million gallons of fuel oil with a sulfur co ntent not exceeding 0.05 percent, by weight, 290,000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145,000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight. h. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub- subparagraph g., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the t otal annual amount of the fuel burned by all units claiming this exemption at the same facility to the total annual amount of such fuel allowed to be burned by all units claiming thi s exemption at the same facility pursuant to sub-subparagraph g. The sum of the fuel percentag es for all fuels burned by the units claiming this exemption at the same facility must be less than or equal to 100 percent. 35. One (1) or more emergency generators located within a singl e facility provided: a. The unit is not subject to the Acid Rain Program, CAIR P rogram, or any unit-specific applicable requirement. b. The unit shall not burn used oil or any fuels other than natural gas, propane, gasoline, and

diesel fuel. c. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph d., or equivalent collective maximum annual amounts of multiple fuels, as addressed in subsubparagraph e. d. If burning only one (1) type of fuel, the collective annu al amount of fuel burned by all units claiming this exemption at the same facility shall not exceed 2,70 0 gallons of gasoline, 32,000 gallons of diesel fuel, 144,000 gallons of propane, or 4.4 million standard cubic feet of natural

gas. e. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub- subparagraph d., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the t otal amount of the fuel burned by all units claiming this exemption at the same facili ty to the total amount of such fuel allowed to be burned by all units claiming this exemption atthe same facility pursuant to subsubparagraph d. The sum of the fuel percentages for all fuels bu rned by the units claiming this exemption at the same facility must be less than or equal to 100 percent. 36. General purpose internal combustion engines, and other recip rocating internal combustion devices, provided the following conditions are met with resp ect to each such unit. a. The unit is not subject to the Acid Rain Program, CAIR P rogram, or any unit-specific applicable requirement. b. The unit shall not burn used oil or any fuels other than natural gas, propane, gasoline, and

diesel fuel. c. Collectively, all units claiming this exemption at the sam e facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph d., orEC/R DRAFT

2/4/09

52 

### State **Exemptions**

equivalent collective maximum annual amounts of multiple fuels, as addressed in subsubparagraph e. d. If burning only one (1) type of fuel, the collective annu al amount of fuel burned by all units claiming this exemption at the same facility shall not exceed 2,70 0 gallons of gasoline, 32,000 gallons of diesel fuel, 144,000 gallons of propane, or 4.4 million standard cubic feet of natural

gas. e. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub- subparagraph d., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the t otal amount of the fuel burned by all units claiming this exemption at the same facili ty to the total amount of such fuel allowed to be burned by all units claiming this exemption atthe same facility pursuant to subsubparagraph d. The sum of the fuel percentages for all fuels bu rned by the units claiming this exemption at the same facility must be less than or equal to 100 percent. 37. Printing operations, provided: a. The facility is not subject to any unit-specific applicable req uirement; b. The facility shall use less than 667 gallons of materials containing any hazardous air pollutants in any consecutive twelve (12) months; and c. The facility shall: (I) Operate only heatset offset lithographic printing lines an d use less than 20,000 pounds, combined, of inks, cleaning solvents, fountain solution con centrate and fountain solution additives in any consecutive twelve (12) months; (II) Operate only non-heatset offset lithographic printing l ines and use less than 2,850 gallons, combined of cleaning solvents, fountain solution concentrate an d fountain solution additives in any consecutive twelve (12) months; (III) Operate only digital printing lines and use less than 2,425 gallons, combined, of solvent based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months; (IV) Operate only screen or letterpress printing lines and use less than 2,850 gallons, combined, of solvent based inks, clean-up solutions, and other solvent -containing materials in any consecutive twelve (12) months; (V) Operate only water-based or ultraviolet-cured-material flexog raphic or rotogravure printing lines and use less than 80,000 pounds, combined, of water-b ased inks, coatings, and adhesives in any consecutive twelve (12) months; or (VI) Operate only solvent-based material flexographic or rotogr avure printing lines and use less than 20,000 pounds, combined, of inks, dilution solvent s, coatings, cleaning solutions, and adhesives in any consecutive twelve (12) months. (b) Generic and Temporary Exemptions. 1. Generic Emissions Unit or Activity Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, an emissions unit or poll utant-emitting activity that is not entitled to a categorical or conditional exemption pursuant to p aragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuan t to Rule 62-210.310, F.A.C., if it meets all of the following criteria: a. It would be subject to no unit-specific applicable requirement

. b. It would neither emit nor have the potential to emit: (I) 500 pounds per year or more of lead and lead compounds ex pressed as lead; (II) 1,000 pounds per year or more of any hazardous air poll utant; (III) 2,500 pounds per year or more of total hazardous air p ollutants; or (IV) 5.0 tons per year or more of any other regulated pollut ant. c. Its emissions, in combination with the emissions of o ther units and activities at the facility, would not cause the facility to emit or have the potential to em it any pollutant in such amountEC/R DRAFT

2/4/09

53 

### State **Exemptions**

as to make the facility a Title V source. d. In the case of a proposed new emissions unit at an existing facility, the emissions of such unit, in combination with the emissions of any other pro posed new or modified units and activities at the facility, would not result in a modification subject to the preconstruction review requirements of subparagraph 62-204.800(11)(d)2., Rule 62- 212.400 or 62-212.500, F.A.C. e. In the case of a proposed new pollutant-emitting activity, such activity would not constitute a modification of any existing non-exempt emissions unit at a non-Title V source or any existing non-insignificant emissions unit at a Title V source. 2. Generic Facility Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., a facility that is not entitled to a categorical or con ditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if all of the emissions uni ts and activities within the facility, including any proposed new emissions units and activities, i ndividually meet the exemption criteria of paragraph 62-210.300(3)(a), F.A.C., or subparag raph 62-210.300(3)(b)1., F.A.C., or if the facility meets all of the following criteria: a. No emissions unit or pollutant-emitting activity with in the facility would be subject to any unit-specific applicable requirement. b. The facility would neither emit nor have the potential to emit: (I) 1,000 pounds per year or more of lead and lead compounds expressed as lead; (II) 1.0 ton per year or more of any hazardous air pollutan t; (III) 2.5 tons per year or more of total hazardous air pollu tants; (IV) 25 tons per year or more of carbon monoxide, nitrogen oxides and sulfur dioxide; or (V) 10 tons per year or more of any other regulated pollutan t. c. The facility would neither emit nor have the potential to emi t any pollutant in such amount as to make the facility a Title V source, nor would the facility b e a Title V source for any other

reason.

CHAPTER 62-4-PERMITS [This is a more general section on permits that primarily addresses water permits.] 62-4.040 Exemptions. (1) The following installations are exempted from the permit requirements of this chapter. The following exemptions do not relieve any installation from any other requirements of Chapter 403, F.S., or rules of the Department. Other installations may be exempted under other chapters

of Title 62. (a) Structural changes which will not change the quality, nature or quantity of air and water contaminant emissions or discharges or which will not cause p ollution. (b) Any existing or proposed installation which the Departm ent shall determine does not or will

not cause the issuance of air or water contaminants in sufficient quantity, with respect to its character, quality or content, and the circumstances surrounding i ts location, use and operation, as to contribute significantly to the pollution problems w ithin the State, so that the regulation thereof is not reasonably justified. Such a determination is ag ency action and is subject to Chapter 120, F.S. Such determination shall be made in writing and filed by the Department as a public record. Such determination may be revoked if the instal lation is substantially modified or the basis for the exemption is determined to be materially incorrect. (2) These exemptions do not apply to the discharge to waters of the state from any article, machine, equipment, contrivance or their exhaust system, which con tains water-borne

radioactive material in concentrations above the natural radioactive back ground concentration in the receiving water.



### Idaho 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION I N IDAHOEC/R DRAFT

2/4/09

54 

### State **Exemptions**

220.GENERAL EXEMPTION CRITERIA FOR PERMIT TO CONSTR UCT

EXEMPTIONS. 01. General Exemption Criteria . Sections 220 through 223 may be used by owners or operators to exempt certain sources from the requirement to obtai n a permit to construct. Nothing in these sections shall preclude an owner or operator from choosing to obtain a permit to construct. For purposes of Sections 220 through 223, the term source means the equipment or activity being exempted. For purposes of Sections 220 thr ough 223, fugitive emissions shall not be considered in determining whether a source meets the applicab le exemption criteria unless required by federal law. No permit to construct is requ ired for a source that satisfies all of the following criteria, in addition to the criteria set fo rth at Sections 221, 222, or 223: (4-11- 06)

a. The maximum capacity of a source to emit an air pollutant under its physical and operational design without consideration of limitations on emission s uch as air pollution control equipment, restrictions on hours of operation and restrictions on the type and amount of material combusted, stored or processed would not: (4-5-00) i. Equal or exceed one hundred (100) tons per year of any regu lated air pollutant. (4-5-00) ii. Cause an increase in the emissions of a major facility that equals or exceeds the significant emissions rates set out in the definition of significant at Section 006. (4-5-00)

b. Combination. The source is not part of a proposed new major facility or part of a proposed major modification. (4-5-00)

02. Record Retention . Unless the source is subject to and the owner or operator co mplies with Section 385, the owner or operator of the source, except for th ose sources listed in Subsections 222.02.a. through 222.02.g., shall maintain documentation on site which shall identify the exemption determined to apply to the source and verify that the source qualifies for the identified exemption. The records and documentation shall be k ept for a period of time not less than five (5) years from the date the exemption determination has been made or for the life of the source for which the exemption has been determined to apply , which ever is greater, or until such time as a permit to construct or an operating permit is i ssued which covers the operation of the source. The owner or operator shall submit the documentati on to the Department upon request. (4-5-00)

221.CATEGORY I EXEMPTION. No permit to construct is required for a source that satisfi es the criteria set forth in Section 220 and the following: (4-5-00) 01. Below Regulatory Concern . The maximum capacity of a source to emit an air pollutant under its physical and operational design considering limitati ons on emissions such as air pollution control equipment, restrictions on hours of op eration and restrictions on the type and amount of material combusted, stored or processed shall be less than ten percent (10%) of the significant emission rates set out in the definition of sig nificant at Section 006. (4-5-00)

02. Radionuclides . The source shall have potential emissions that are less than on e percent (1%) of the applicable radionuclides standard in 40 CFR Part 6 1, Subpart H. (4-5-00)

03. Toxic Air Pollutants . The source shall comply with Section 223. (4-5-00)

222.CATEGORY II EXEMPTION. No permit to construct is required for the following sour ces. (4-5-00) 01. Exempt Source . A source that satisfies the criteria set forth in Section 22 0 and that is specified below: (4-5-00)

a. Laboratory equipment used exclusively for chemical and physical anal yses, research or education, including, but not limited to, ventilating and ex haust systems for laboratory hoods. To qualify for this exemption, the source shall: (5-1-94) i. Comply with Section 223. (4-5-00) ii. Have potential emissions that are less than one percent (1%) of the applicable radionuclides standard in 40 CFR Part 61, Subpart H. (4-5-00)

b. Environmental characterization activities including emplacement and o peration of fieldEC/R DRAFT

2/4/09

55 

### State **Exemptions**

instruments, drilling of sampling and monitoring wells, sampling activities, and environmental characterization activities. (4-5-00)

c. Stationary internal combustion engines of less than or equal t o six hundred (600) horsepower and which are fueled by natural gas, propane gas, liquefied petro leum gas, distillate fuel oils, residual fuel oils, and diesel fuel; waste oil, gasoline, or r efined gasoline shall not be used. To qualify for this exemption, the source must be operated in acco rdance with the following: (5-1- 94) i. One hundred (100) horsepower or less -- unlimited ho urs of operation. (5-1-94) ii. One hundred one (101) to two hundred (200) horsepo wer -- less than four hundred fifty (450) hours per month. (5-1-94) iii. Two hundred one (201) to four hundred (400) horsep ower -- less than two hundred twentyfive (225) hours per month. (5-1-94) iv. Four hundred one (401) to six hundred (600) horsep ower -- less than one hundred fifty (150) hours per month. (5-1-94)

d. Stationary internal combustion engines used exclusively for emer gency purposes which are operated less than five hundred (500) hours per year and are fuel ed by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, residual fuel o ils, and diesel fuel; waste oil, gasoline, or refined gasoline shall not be used. (4-11-06)

e. A pilot plant that uses a slip stream from an existing proces s stream not to exceed ten percent (10%) of that existing process stream or which satisfies the following: (4-5-00) i. The source shall comply with Section 223. For carcinogen em issions, the owner or operator may utilize a short term adjustment factor of ten (10) by mu ltiplying either the acceptable ambient concentration or the screening emissions level, but not both, by ten (10). (4-5-00) ii. The source shall have uncontrolled potential emissions th at are less than one percent (1%) of the applicable radionuclides standard in 40 CFR Part 61, Subpar t H. (4-5-00) iii. The exemption for a pilot plant shall terminate one (1) year after the commencement of operations and shall not be renewed. (4-5-00) 02. Other Exempt Sources . A source that satisfies the criteria set forth in Section 220 and that is specified below: (4-5-00)

a. Air conditioning or ventilating equipment not designed to remove air pollutants generated by or released from equipment. (5-1-94)

b. Air pollutant detectors or recorders, combustion controllers, or combustion shutoffs. (5-1-94)

c. Fuel burning equipment for indirect heating and for heating and reheating furnaces using natural gas, propane gas, liquified petroleum gas, or biogas ( gas produced by the anaerobic decomposition of organic material through a controlled process) with hydrogen sulfide concentrations less than two hundred (200) ppmv exclusively with a capacity of less than fifty (50) million btu's per hour input. (4-11-06)

d. Other fuel burning equipment for indirect heating with a capaci ty of less than one million (1,000,000) btu's per hour input. (5-1-94)

e. Mobile internal combustion engines, marine installations and l ocomotives. (5-1-94)

f. Agricultural activities and services. (5-1-94)

g. Retail gasoline, natural gas, propane gas, liquified petroleum gas, distillate fuel oils and diesel fuel sales. (5-1-94)

h. Used Oil Fired Space Heaters which comply with all the follow ing requirements: (7-1-97) i. The used oil fired space heater burns only used oil that the owner or operator generates on site, that is derived from households, such as used oil gener ated by individuals maintaining their personal vehicles, or on-specification used oil that is d erived from commercial generators provided that the generator, transporter and owner or operator burning the oil for energy recovery comply fully with IDAPA 58.01.05.015, “Rules and Standards for Hazardous Waste”; (7-1-97) (1) For the purposes of Subsection 222.02.h., “used oil” r efers to any oil that has been refined from crude oil or any synthetic oil that has been used and, as a result of such use, isEC/R DRAFT

2/4/09

56 

### State **Exemptions**

contaminated by physical or chemical impurities. (4-5-00) (2) For the purposes of Subsection 222.02.h., “used oil f ired space heater” refers to any furnace or apparatus and all appurtenances thereto, designed, constructed an d used for combusting used oil for energy recovery to directly heat an enclosed space. (4-5-0 0) ii. Any used oil burned is not contaminated by added toxic substances such as solvents, antifreeze or other household and industrial chemicals; (7-1-97) iii. The used oil fired space heater is designed to have a maximu m capacity of not more than one half (0.5) million BTU per hour; (4-5-00) iv. The combustion gases from the used oil fired space heater ar e vented to the ambient air through a stack equivalent to the type and design specified by t he manufacturer of the heater and installed to minimize down wash and maximize dispersion; an d (7-1-97) v. The used oil fired space heater is of modern commercial design and manufacture, except that a homemade used oil fired space heater may be used if, prior to th e operation of the homemade unit, the owner or operator submits documentation to the Dep artment demonstrating, to the satisfaction of the Department, that emissions from the homem ade unit are no greater than those from modern commercially available units. (7-1-97)
i. Multiple chamber crematory retorts used to cremate human or animal remains using natural gas exclusively with a maximum average charge capacity of two hundred (200) pounds of remains per hour and a minimum secondary combustion chamber temp erature of one thousand five hundred (1500) degrees Fahrenheit while operating. (4-11- 06) j. Petroleum environmental remediation source by vapor extraction wi th an operation life not to exceed five (5) years (except for landfills). The short-term adju stment factor in Subsection

210.15 cannot be used if the remediation is within five hund red (500) feet of a sensitive receptor. Forms are available at www.deq.idaho.gov to help assist sources in this exemption determination. (4-11-06)

k. Dry cleaning facilities that are not major under, but subject t o, 40 CFR Part 63, Subpart M. (4-11-06) 223.EXEMPTION CRITERIA AND REPORTING REQUIREMENTS F OR TOXIC AIR

POLLUTANT EMISSIONS. No permit to construct for toxic air pollutants is required for a source that satisfies any of the exemption criteria below, the recordkeeping requirements at Subsect ion 220.02, and reporting requirements as follows: (4-5-00) 01. Below Regulatory Concern (BRC) Exemption . The source qualifies for a BRC exemption if the uncontrolled emission rate (refer to Section 2 10) for all toxic air pollutants emitted by the source is less than or equal to ten percent (10%) of all applicable screening emission levels listed in Sections 585 and 586. (4-5-00) 02. Level I Exemption . To obtain a Level I exemption, the source shall satisfy the following criteria: (4-5-00)

a. The uncontrolled emission rate (refer to Section 210) for all toxic air pollutants shall be less than or equal to all applicable screening emission levels listed i n Sections 585 and 586; or (4-5- 00)

b. The uncontrolled ambient concentration (refer to Section 210) for all toxic air pollutants at the point of compliance shall be less than or equal to all app licable acceptable ambient concentrations listed in Sections 585 and 586. (4-5-00) 03. Level II Exemption . To obtain a Level II exemption, the source shall satisfy th e following criteria: (4-5-00)

a. The uncontrolled ambient concentration at the point of complian ce (refer to Section 210) for all toxic air pollutants emitted by the source shall be less t han or equal to all applicable acceptable ambient concentrations listed in Sections 585 and 586; an d (4-5-00)

b. If the owner or operator installs and operates control equipmen t that is not otherwise required to qualify for an exemption and the controlled emiss ion rate (refer to Section 210) of the source for all toxic air pollutants is less than or equal to ten percent (10%) of all applicableEC/R DRAFT

2/4/09

57 

### State **Exemptions**

screening emission levels listed in Sections 585 and 586. (4 -5-00) 04. Level III Exemption . To obtain a Level III exemption, the source shall satisfy t he following criteria: (4-5-00)

a. The uncontrolled ambient concentration at the point of complian ce (refer to Section 210) for all toxic air pollutants emitted by the source shall be less t han or equal to all applicable acceptable ambient concentrations listed in Sections 585 and 586; an d (4-5-00)

b. The controlled emission rate (refer to Section 210) for all to xic air pollutants emitted by the source shall be less than or equal to all applicable screening emis sion levels listed in Sections 585 and 586. (4-5-00) 05. Annual Report for Toxic Air Pollutant Exemption . Commencing on May 1, 1996, and annually thereafter, the owner or operator of a source claiming a Level I, II, or III exemption shall submit a certified report for the previous calendar year t o the Department for each Level I, II, or III exemption determination. The report shall be lab eled “Toxic Air Pollutant Exemption Report” and shall state the date construction has or will comm ence and shall include copies of all exemption determinations completed by the owner or operator for each Level I, II, and III exemption. (4-5-00)



### Nebraska Refuse incinerators on residential premises containing five or fewer livin g units and used

only for residential waste; all other incinerators require a construction permit. All sources and source categories that would be req uired to obtain a permit solely because they are “subject to 40 CFR Part 60, Subpar t AAA- Standards of Performance for New Residential Wood Heaters...or...they are subject to 40 CFR Part 61, Subpart MNational Emission Standard for Hazardous Air Pollut ants for Asbestos, ’61.145, Standard for Demolition and Renovation”” are exempt from the requirement for operating permits, and, by extension, a construction permit. However, they are not exempt from the requirements of 40 CFR.

Nevada The following stationary sources are exempt from th e requirements to obtain an

operating permit (and, by implication, construction permits):

• **A** stationary source which would be required to obtain an operating permit solely because it is subject to 40 CFR Part 60, Subpart AAA, Standards of Performance

for New Residential Wood Heaters

• **A** stationary source which would be required to obtain an operating permit solely because it is subject to 40 CFR. Part 61, Subpart M, Asbestos NESHAP, section

61.145. The following existing and new emission units perfo rm insignificant activities and are not required to obtain operating permits:

• Air-conditioning equipment or fuel-burning equipmen t, except internal combustion engines, that individually have a rating of less than 4,000,000Btus per hour; or equal to or greater than 4,000,000 Btus pe r hour, but operating less than 100 hours per calendar year

• Motor vehicles and special mobile equipment

• Residential and commercial housekeeping vacuum syst ems

• Incinerators with less than 25 lb. per hour rated b urning capacity

• Agricultural land use

• Storage containers for petroleum liquid or storage facilities for volatile organic liquid having a capacity of less than 40,000 gallon s which are not subject to 40

CFR. Part 60, Subparts K, Ka, or Kb

• Equipment or contrivances used exclusively for the processing of food for humanEC/R DRAFT

2/4/09

58 

### State **Exemptions**

consumption.

• Disturbing topsoil of less than 5 acres

• Maximum allowable throughput of less than 50 lb per hour, unless the emission unit directly emits or has the potential to emit a hazardous air pollutant

• Portable internal combustion engines that, individu ally, have a rating:

o Less than 500 horsepower output, or

o Equal to or greater than 500 horsepower output, but operating less than 100 hours per calendar year.

• Stationary internal combustion engines that, indivi dually, have a rating:

o Less than 250 horsepower output, or

o Equal to or greater than 250 horsepower output, but operating less than 100 hours per calendar year

• Emergency generators

• Other emission units exempted by the director from the requirements of obtaining an operating permit. The director may:

o Exempt emission units from the requirement of obtai ning an operating permit only if he determines that:

The operation of the emission unit will not result in emissions of hazardous air pollutants that exceed **1** pound per hour of 1,000pounds per year.

The operation of the emission unit will not result in emissions of regulated air pollutants that exceed **4,000** pounds per year.

The operation of the emission unit will not result in emissions of regulated air pollutants that exceed any other emis sion limitation pursuant to an applicable requirement.

The operation of the emission unit will not result in emissions of regulated air pollutant that adversely impact publi c health or safety.

o Consider the impacts of the combined emissions of m ultiple emission units to determine whether to exempt a specific emi ssion unit.

New

Mexico The preconstruction permitting regulations contain one explicit exemption from

permitting. That exemption is for fugitive dust emi ssions from coal mining operations, because new coal mining operations are required to have an approved air pollution control plan for fugitive dust emissions by the New Mexico Surface Coal Mining

Commission.

The New Mexico preconstruction permitting regulatio ns provide a process for permit streamlining that they refer to as a source class e xemption process. The procedures for establishing a source class exemption can be found at 20 NMAC 2.72.214, and the procedures for obtaining a streamlined permit are c ontained in 20 NMAC 2.72, Subpart 3. The exemption process allows the state to exempt an y source or class of sources from any or all procedural requirement of Part 72 except the requirement to obtain a permit prior

to commencement of construction. What this means is that the State, when granting the source class exemption, specifies what requirements each exempted source or source class must meet. The purpose of the exemption proce ss is to allow expedited, streamlined permit processing for any source class that the sta te has substantial actual experienceEC/R DRAFT

2/4/09

59 

### State **Exemptions**

with or knowledge of, and that possess common chara cteristics of operation, process technology, emissions, emission control technology and impact on air quality. For these source classes, a standard set of protocols is inco rporated into Subpart 3 to ensure that air quality is protected at least as well as would be accomplished by the full permit review process, and under such an exemption, compliance wi th all federal and state air quality laws, regulations, standards and emissions limitati ons will be assured. To date, two source classes have been granted source class exemptions t hat have been incorporated into the regulations; they are reciprocating internal combus tion (IC) engines and turbines.

New Mexico is in the final stages of developing an exemptions list and regulations that will completely exempt the following list of source s from the permitting process. This regulation is expected to become effective in Novem ber, 1997.

The following sources and activities shall not be r eported in the permit application.

Emissions from such activities shall not be include d in the calculation of facility-wide potential emission rate, Such activities may be com menced or changed without a permit or permit revision under this part:

• 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, a nd building hoofing operations.

• Activities for maintenance of equipment or pollutio n control equipment either inside or outside of a building, including cutting, welding and grinding, but excluding painting.

• Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts and 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.

• Use of firefighting equipment.

• Government military activities such as field exerci ses, explosions, weapons testing

and demolition to the extent that such activities o ccur greater than five (5) miles from the nearest point of public access, and are no t subject to a NESHAP.

• Office activities, such as photocopying.

• Test drilling for characterization of underground s torage tank and waste disposal

sites.

• Non-anthropogenic wind blown dust.

• Residential activities such as use of fireplaces, w oodstoves and barbecue cookers. Gases used to calibrate plant instrumentation, incl uding continuous emission monitoring (CEM) systems.

• Food service, such as cafeteria activities.

• Automotive repair shop activities, except painting and use of solvents.

• Use of portable aerospace ground equipment (such as power generators, compressors, heaters, air conditioners, lighting un its) in direct support of aircraft operations, and on or in the immediate vicinity of an airfield.

• Activities which occur strictly for preventive main tenance of highway bridges, displays, and water towers, including grinding, cut ting, welding, painting, and general repairs.EC/R DRAFT

2/4/09

60 

### State **Exemptions**

Oklahoma There are three exemption conditions. No permit **is** required for any new or modified

source when it can be shown that:

• Emissions will not exceed one pound per hour for an y one criteria pollutant.

• Emissions of toxics will not exceed the de minimis requirements described above for the three classes of toxic pollutants under OAC 252: 100-41-43(a)(5).

• The new source or modification is not subject to a New Source Performance

Standard **(NSPS)** or National Emission Standards for Hazardous Air Po llutants (NESHAP) in effect at the time. Permitting exemptions are allowed for organic mater ials which have vapor pressures of less than 1.5 pounds per square inch absolute under actual storage conditions, petroleum or condensate stored, processed and for treated at a drilling or production facility prior to custody transfer, including transfer and loading op erations, and storage, loading, processing, manufacturing or burning of organic mat erials used for agricultural purposes

on farms and ranches. Other exemptions are for fugitive dust from agricul tural sources and air pollutant emissions from fertilizer and pesticide application

. Oregon Notice of Construction and Approval of Plans

340-210-0205 Applicability (1) Except as provided in section (2) of this rule, OAR 3 40-210-0200 through 340-210-0250 apply to (a) All stationary sources; and (b) All air pollution control equipment used to comply w ith emissions limits or used to avoid Oregon Title V Operating Permits (OAR 340 division 218) or New Source Review (OAR 340 division 224) requirements, or MACT standards (OAR 340 d ivision 244).

(2) OAR 340-210-0200 through 340-210-0250 do not app ly to the following stationary sources: (a) Agricultural operations or equipment that is exempted by OAR 340-200-030 (b) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families; (c) Other activities associated with residences used exclusively as dwellings for not more than four families, including, but not limit to barbecues, hous e painting, maintenance, and groundskeeping; and (d) Categorically insignificant activities as defined in OAR 340-200-0020 that are not subject to NESHAP or NSPS requirements. This exemption appl ies to all categorically insignificant activities whether or not they are located at major or non-major sources.

340-200-0020 General Air Quality Definitions As used in divisions 200 through 268, unless specifically defined otherwise:

* * * * * (18) "Categorically insignificant activity" means any of the fo llowing listed pollutant emitting activities principally supporting the source or the major ind ustrial group. Categorically insignificant activities must comply with all applicable requi rements. (a) Constituents of a chemical mixture present at less than 1% by weight of any chemical or compound regulated under divisions 200 through 268 exclud ing divisions 248 and 262 of this chapter, or less than 0.1% by weight of any carcinogen listed i n the U.S. Department of Health and Human Service's Annual Report on Carcinogens when usage of the chemical mixture is less than 100,000 pounds/year;EC/R DRAFT

2/4/09

61 

### State **Exemptions**

(b) Evaporative and tail pipe emissions from on-site motor vehicle operation; (c) Distillate oil, kerosene, and gasoline fuel burning equi pment rated at less than or equal to 0.4 million Btu/hr; (d) Natural gas and propane burning equipment rated at less th an or equal to 2.0 million Btu/hr; (e) Office activities; (f) Food service activities; (g) Janitorial activities; (h) Personal care activities; (i) Groundskeeping activities including, but not limited to building painting and road and parking lot maintenance; (j) On-site laundry activities; (k) On-site recreation facilities; (l) Instrument calibration; (m) Maintenance and repair shop; (n) Automotive repair shops or storage garages; (o) Air cooling or ventilating equipment not designed to r emove air contaminants generated by or released from associated equipment; (p) Refrigeration systems with less than 50 pounds of char ge of ozone depleting substances regulated under Title VI, including pressure tanks used in ref rigeration systems but excluding any combustion equipment associated with such systems; (q) Bench scale laboratory equipment and laboratory equipment us ed exclusively for chemical and physical analysis, including associated vacuum producing devi ces but excluding research and development facilities; (r) Temporary construction activities; (s) Warehouse activities; (t) Accidental fires; (u) Air vents from air compressors; (v) Air purification systems; (w) Continuous emissions monitoring vent lines; (x) Demineralized water tanks; (y) Pre-treatment of municipal water, including use of deioni zed water purification systems; (z) Electrical charging stations; (aa) Fire brigade training; (bb) Instrument air dryers and distribution; (cc) Process raw water filtration systems; (dd) Pharmaceutical packaging; (ee) Fire suppression; (ff) Blueprint making; (gg) Routine maintenance, repair, and replacement such as anticipated activities most often associated with and performed during regularly scheduled equipmen t outages to maintain a plant and its equipment in good operating condition, incl uding but not limited to steam cleaning, abrasive use, and woodworking; (hh) Electric motors; (ii) Storage tanks, reservoirs, transfer and lubricating equip ment used for ASTM grade distillate or residual fuels, lubricants, and hydraulic fluids; (jj) On-site storage tanks not subject to any New Source Perfo rmance Standards (NSPS), including underground storage tanks (UST), storing gasoli ne or diesel used exclusively for fueling of the facility's fleet of vehicles; (kk) Natural gas, propane, and liquefied petroleum gas (LPG) storage tanks and transfer equipment; (ll) Pressurized tanks containing gaseous compounds; (mm) Vacuum sheet stacker vents;EC/R DRAFT

2/4/09

62 

### State **Exemptions**

(nn) Emissions from wastewater discharges to publicly owned treatment works (POTW) provided the source is authorized to discharge to the POTW, n ot including on-site wastewater treatment and/or holding facilities; (oo) Log ponds; (pp) Storm water settling basins; (qq) Fire suppression and training; (rr) Paved roads and paved parking lots within an urban gro wth boundary; (ss) Hazardous air pollutant emissions of fugitive dust fr om paved and unpaved roads except for those sources that have processes or activities that contribu te to the deposition and entrainment of hazardous air pollutants from surface soils; (tt) Health, safety, and emergency response activities; (uu) Emergency generators and pumps used only during loss o f primary equipment or utility service due to circumstances beyond the reasonable control of the ow ner or operator, or to address a power emergency as determined by the Department; (vv) Non-contact steam vents and leaks and safety and relief valves for boiler steam distribution systems; (ww) Non-contact steam condensate flash tanks; (xx) Non-contact steam vents on condensate receivers, deaerators and similar equipment; (yy) Boiler blowdown tanks; (zz) Industrial cooling towers that do not use chromium-based water treatment chemicals; (aaa) Ash piles maintained in a wetted condition and associated han dling systems and activities; (bbb) Oil/water separators in effluent treatment systems; (ccc) Combustion source flame safety purging on startup; (ddd) Broke beaters, pulp and repulping tanks, stock chests an d pulp handling equipment, excluding thickening equipment and repulpers; (eee) Stock cleaning and pressurized pulp washing, excluding op en stock washing systems; and (fff) White water storage tanks.

340-200-0030 Exceptions (1) Except as provided in section (2) of this rule, OAR C hapter 340, divisions 200 through 268 do not apply to: (a) Agricultural operations, including but not limited to: (A) Growing or harvesting crops; (B) Raising fowl or animals; (C) Clearing or grading agricultural land; (D) Propagating and raising nursery stock; (E) Propane flaming of mint stubble; and (F) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the f ollowing year. (b) Equipment used in agricultural operations, except boilers used in connection with propagating and raising nursery stock. (c) Barbecue equipment used in connection with any residence. (d) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except woodstoves which shal l be subject to regulation under this section, ORS 468A.460 to 468A.480, 468A.490 and 468A.515. (e) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatemen t, prevention or elimination of a fire hazard, or instruction of employees in the methods of f ire fighting, which in the opinion of the agency is necessary. (f) Fires set pursuant to permit for the purpose of instr uction of employees of private industrial concerns in methods of fire fighting, or for civil defense i nstruction.EC/R DRAFT

2/4/09

63 

### State **Exemptions**

(2) Section (1) of this rule does not apply to the extent: (a) Otherwise provided in ORS 468A.555 to 468A.620, 468 A.790, 468A.992, 476.380 and 478.960; (b) Necessary to implement the federal Clean Air Act (P.L. 88- 206 as amended) under ORS 468A.025, 468A.030, 468A.035, 468A.040, 468A.045 an d 468A.300 to 468A.330; or (c) Necessary for the Environmental Quality Commission, in t he commission’s discretion, to implement a recommendation of the Task Force on Dairy Air Quali ty created under section 3, chapter 799, Oregon Laws 2007, for the regulation of dairy air contaminant emissions.



### South

Dakota • A facility operating an incinerator or incinerators of less than 100pounds per hour

combined burning capacity that combust municipal or household waste.

• A mobile internal combustion engine, including thos e in autos, trucks, tractors, airplanes, locomotives, and boats.

• Laboratory equipment used exclusively for chemical or physical analysis.

• A device or apparatus fueled by natural gas that is used exclusively for space heating.

• A device or apparatus that has a heat input capabil ity of not more than 3,500,000Btus per hour.

• An air conditioning or ventilating system not desig ned to remove air pollutants from equipment.

• An emergency electrical generator powered by petrol eum products.

• A facility that has the potential to emit 25 tons o r less per year of any criteria pollutant, except lead, before the application of c ontrol equipment.

• A device or apparatus fueled by waste oil.

• An other source constructed for domestic purposes a nd not intended for use by an industry, manufacturer, or business.

Texas Texas has an extensive program for exemptions from permitting based on specific

facilities or types of facilities that the state ha s determined will not make a significant contribution of air contaminants to the atmosphere. The rule governing exemptions can

be found at 30 TAC **5** 106. Individual facilities eligible for this exempt ion are not listed
here, since the list numbers in excess of 100. This list can be found in Chapter 106, and

can be downloaded from the state website at www.TNR CC.state.tx.us. To qualify for an exemption, the following general requirements must be met:

• Total actual emissions authorized under exemption f rom the proposed facility shall not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NO,); or 25 tpy of volatile

• organic compounds (VOC) or sulfur dioxide (SO,) or inhalable particulate matter (PM,,); or 25 tpy of any other air contaminant exce pt carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.

• Except under certain circumstances, any facility or group of facilities which
constitutes a new major stationary source, or any m ajor modification, must meet the permitting requirements of Chapter 116, Subchap ter B (relating to New Source Review Permits and Prevention of Significant Deterioration) and cannot qualify for an exemption under this chapter.

• Unless at least one facility at an account has been subject to public notification and comment, total actual emissions from all exempt ed facilities at an account shall not exceed 250 tpy of CO or NO,; or 25 tpy of VOC or SO, or PM,,; or 25 tpyEC/R DRAFT

2/4/09

64 

### State **Exemptions**

of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.

• **A** proposed facility must comply with all applicable f ederal NSPS, HAP, and NSR
requirements. An exemption cannot be claimed by limiting emission s with a control device, if the facility’s uncontrolled emission would exceed the e mission thresholds discussed previously. Also, a facility may not qualify for an exemption, even though that facility meets the emission requirements and is listed in Ch apter 106. An example is for a VOC source attempting to locate in an ozone nonattainme nt area.

Utah R307-401-3. Applicability.

* * * * * (2) R307-403 [permits in NAAs], R307-405 [PSD] and R3 07-406 [Visibility] may establish additional permitting requirements for new or modified sour ces. (a) Exemptions contained in R307-401 do not affect applicabili ty or other requirements under R307- 403, R307-405 or R307-406. (b) Exemptions contained in R307-403, R307-405 or R307- 406 do not affect applicability or other requirements under R307-401, unless specifically authori zed in this rule.

R307-401-9. Small Source Exemption. (1) A small stationary source is exempted from the requirement to obtain an approval order in R307- 401-5 through 8 if the following conditions are m et. (a) its actual emissions are less than 5 tons per year per air con taminant of any of the following air contaminants: sulfur dioxide, carbon monoxide, nitrogen oxides, PM 10 , ozone, or volatile organic compounds; (b) its actual emissions are less than 500 pounds per year of any hazardous air pollutant and less than 2000 pounds per year of any combination of hazardous air pollutants; (c) its actual emissions are less than 500 pounds per year of an y air contaminant not listed in (a)( or (b) above and less than 2000 pounds per year of any combination of air contaminants not listed in (a) or (b) above. (d) Air contaminants that are drawn from the environment thro ugh equipment in intake air and then are released back to the environment without chemical change, as well as carbon dioxide, nitrogen, oxygen, argon, neon, helium, krypton, xenon sho uld not be included in emission calculations when determining applicability under (a) through ( c) above. (2) The owner or operator of a source that is exempted from th e requirement to obtain an approval order under (1) above shall no longer be exempt if act ual emissions in any subsequent year exceed the emission thresholds in (1) above. The owner or o perator shall submit a notice of intent under R307-401-5 no later than 180 days after the end of the calendar year in which

the source exceeded the emission threshold. (3) Small Source Exemption - Registration. The executive secret ary will maintain a registry of sources that are claiming an exemption under R307-401-9. The o wner or operator of a stationary source that is claiming an exemption under R307-401 -9 may submit a written registration notice to the executive secretary. The notice shall in clude the following minimum

information: (a) identifying information, including company name and addres s, location of source, telephone number, and name of plant site manager or point of contact; (b) a description of the nature of the processes involved, equi pment, anticipated quantities of materials used, the type and quantity of fuel employed and natur e and quantity of the finished product; (c) identification of expected emissions; (d) estimated annual emission rates; (e) any control apparatus used; andEC/R DRAFT

2/4/09

65 

### State **Exemptions**

(f) typical operating schedule. (4) An exemption under R307-401-9 does not affect the requi rements of R307-401-17, Temporary Relocation.

R307-401-10. Source Category Exemptions. The following source categories described in (1) through (5) below are exempted from the requirement to obtain an approval order. The general provision s in R307-401-4 shall apply to

these sources. (1) Fuel-burning equipment in which combustion takes place at no greater pressure than one inch of mercury above ambient pressure with a rated capacity of less than five million BTU per hour using no other fuel than natural gas or LPG or other mixed gas that meets the standards of gas distributed by a utility in accordance with the rules of t he Public Service Commission of the State of Utah, unless there are emissions other than combustion products. (2) Comfort heating equipment such as boilers, water heaters, ai r heaters and steam generators with a rated capacity of less than one million BTU per hour i f fueled only by fuel oil numbers 1
- 6, (3) Emergency heating equipment, using coal or wood for fuel, with a rated capacity less than 50,000 BTU per hour. (4) Exhaust systems for controlling steam and heat that do not contain combustion products.

R307-401-11. Replacement-in-Kind Equipment. (1) Applicability. Existing process equipment or pollutio n control equipment that is covered by an existing approval order or State Implementation Plan requir ement may be replaced using the procedures in (2) below if: (a) the potential to emit of the process equipment is the same or lower; (b) the number of emission points or emitting units is the same or lower; (c) no additional types of air contaminants are emitted as a resul t of the replacement; (d) the process equipment or pollution control equipment is identical to or functionally equivalent to the replaced equipment; (e) the replacement does not change the basic design parameters of t he process unit or pollution control equipment; (f) the replaced process equipment or pollution control equipm ent is permanently removed from the stationary source, otherwise permanently disabled, or permanently barred from operation; (g) the replaced process equipment or pollution control equipm ent does not trigger New Source

Performance Standards or National Emissions Standards for Hazar dous Air Pollutants under 42 U.S.C. 7411 or 7412; and (h) the replacement of the control apparatus or process equipment does not violate any other provision of Title R307. (2) Replacement-in-Kind Procedures. (a) In lieu of filing a notice of intent under R307-401-5, the owner or operator of a stationary

source shall submit a written notification to the executive secret ary before replacing the equipment. The notification shall contain a description of the replacement-in-kind equipment, including the control capability of any control apparatus and a demonstration that the conditions of (1) above are met. (b) If the replacement-in-kind meets the conditions of (1) abo ve, the executive secretary will update the source's approval order and notify the owner or ope rator. Public review under R307- 401-7 is not required for the update to the approval order. (3) If the replaced process equipment or pollution control equ ipment is brought back into operation, it shall constitute a new emissions unit.

R307-401-12. Reduction in Air Contaminants.EC/R DRAFT

2/4/09

66 

### State **Exemptions**

(1) Applicability. The owner or operator of a stationary sou rce of air contaminants that reduces or eliminates air contaminants is exempt from the approval order requirements of R307-401-5 through 8 if: (a) the project does not increase the potential to emit of any ai r contaminant or cause emissions of any new air contaminant, and (b) the executive secretary is notified of the change and the reducti on of air contaminants is made enforceable through an approval order in accordance with (2) b elow. (2) Notification. The owner or operator shall submit a wri tten description of the project to the executive secretary no later than 60 days after the changes are made. Th e executive secretary will update the source's approval order or issue a new approval order to include the project and

to make the emission reductions enforceable. Public review under R307-401-7 is not required for the update to the approval order.

R307-401-13. Plantwide Applicability Limits. A plantwide applicability limit under R307-405-21 does not exempt a stationary source from the requirements of R307-401.

R307-401-14. Used Oil Fuel Burned for Energy Recovery. (1) Definitions. "Boiler" means boiler as defined in R315-1-1(b). "Used Oil" is defined as any oil that has been refined from cru de oil, used, and, as a result of such use contaminated by physical or chemical impurities. (2) Boilers burning used oil for energy recovery are exempted f rom the requirement to obtain an approval order in R307-401-5 through 8 if the followi ng requirements are met: (a) the heat input design is less than one million BTU/hr; (b) contamination levels of all used oil to be burned do n ot exceed any of the following values: (i) arsenic - 5 ppm by weight, (ii) cadmium - 2 ppm by weight, (iii) chromium - 10 ppm by weight, (iv) lead - 100 ppm by weight, (v) total halogens - 1,000 ppm by weight, (vi) Sulfur - 0.50% by weight; and (c) the flash point of all used oil to be burned is at least 100 degrees Fahrenheit. (3) Testing. The owner or operator shall test each load of used oil received or generated as directed by the executive secretary to ensure it meets these requiremen ts. Testing may be performed by the owner/operator or documented by test reports from the used fuel oil vendor. The flash point shall be measured using the appropriate ASTM m ethod as required by the executive secretary. Records for used oil consumption and test rep orts are to be kept for all periods when fuel-burning equipment is in operation. The r ecords shall be kept on site and made available to the executive secretary or the executive secretary's repres entative upon request. Records must be kept for a three-year period.

R307-401-15. Air Strippers and Soil Venting Projects. (1) The owner or operator of an air stripper or soil ventin g system that is used to remediate contaminated groundwater or soil is exempt from the notice of intent and approval order requirements of R307-401-5 through 8 if the following co nditions are met: (a) the estimated total air emissions of volatile organic compo unds from a given project are less than the de minimis emissions listed in R307-401-9(1)(a), and (b) the level of any one hazardous air pollutant or any combin ation of hazardous air pollutants is below the levels listed in R307-410-5(1)(d). (2) The owner or operator shall submit documentation that th e project meets the exemption requirements in (1) above to the executive secretary prior to begi nning the remediation project.EC/R DRAFT

2/4/09

67 

### State **Exemptions**

(3) After beginning the soil remediation project, the owner o r operator shall submit emissions information to the executive secretary to verify that the emissio n rates of the volatile organic compounds and hazardous air pollutants in (1) above are not exceed ed. Emissions estimates of volatile organic compounds and hazardous air pollutants shall be based on test data obtained in accordance with the test method in the EPA document SW-846, Tes t #8020 or #8021 or other test or monitoring method approved by the executive secretary. Results of the test and calculated annual quantity of emissions of volatile organic compo unds and hazardous air pollutants shall be submitted to the executive secretary within one month of sampling. The test samples shall be drawn on intervals of no less than twenty-ei ght days and no more than thirtyone days (i.e., monthly) for the first quarter, quarterly f or the first year, and semi-annually thereafter or as determined necessary by the executive secretary. (4) The following control devices do not require a notice of intent or approval order when used in relation to an air stripper or soil venting project exempt ed under R307-401-15: (a) thermodestruction unit with a rated input capacity of less than five million BTU per hour using no other auxiliary fuel than natural gas or LPG, or (b) carbon adsorption unit.

R307-401-16. De minimis Emissions From Soil Aeration P rojects. An owner or operator of a soil remediation project is not s ubject to the notice of intent and approval order requirements of R307-401-5 through 8 when s oil aeration or land farming is used to conduct a soil remediation, if the owner or operator s ubmits the following information to the executive secretary prior to beginning the remediation pro ject: (1) documentation that the estimated total air emissions of v olatile organic compounds, using an appropriate sampling method, from the project are less than t he de minimis emissions listed in R307-401-9(1)(a); (2) documentation that the levels of any one hazardous air pollu tant or any combination of hazardous air pollutants are less than the levels in R307-410-5 (1)(d); and (3) the location of the remediation and where the remediated materi al originated.

R307-401-17. Temporary Relocation. The owner or operator of a stationary source previously appro ved under R307-401 may temporarily relocate and operate the stationary source at any site f or up to 180 working days in any calendar year not to exceed 365 consecutive days, starting fro m the initial relocation date. The executive secretary will evaluate the expected emissions impact at th e site and compliance with applicable Title R307 rules as the bases for determining i f approval for temporary relocation may be granted. Records of the working days at each si te, consecutive days at each site, and actual production rate shall be submitted to the execut ive secretary at the end of each 180 calendar days. These records shall also be kept on site by the owner or operator for the entire project, and be made available for review to the executive secret ary as requested. R307- 401-7, Public Notice, does not apply to temporary relocations under R307-401-17.



### Washington Currently there are no exempt sources. However, a r ule change will define di minimis

levels below which NSR will not be required. The fo llowing levels are listed in Washington’s regulations: The following emission rates will be used to identi fy listed sources that are exempt from
registration program requirements: Pollutant Tons/Year

Carbon Monoxide: 5.0 Nitrogen oxides 2.0

Sulfur dioxide 2.0EC/R DRAFT

2/4/09

68 

### State **Exemptions**

Particulate Matter (PM) 1.25 Fine Particulate (PM,,) 0.75 Volatile organic compounds (VOC) 2.0

Lead 0.005 More information on exempt sources may be obtained from Tony Warfield at (360) 407-

6892.

Wisconsin As stated in NR 406.04, the following categories of direct sources are exempt from the requirement to obtain a construction permit unless construction will result in a significant

net increase in the emissions of an air contaminant for which the area is designated

nonattainment:

• An external combustion furnace which will not burn any hazardous waste and which is designed to burn the following fuels at th e maximum rates indicated:



### - Coal, coke or other solid fuels, except wood, at a heat input rate of not more than 1.0 million Btu per hour.



### - Wood alone or wood in combination with gaseous or l iquid fuels at a heat input rate of not more than 5.0 million Btu per hour.



### - Residual or crude oil at a heat input rate of not m ore than 5.0 million Btu per hour.



### - Distillate oil at a heat input rate of not more tha n 10 million Btu per hour.



### - Gaseous fuel at a heat input rate of not more than 25 million Btu per

hour.

• Equipment which is designed to incinerate solid was tes, which are not pathological wastes,

• Infectious wastes, municipal wastes or hazardous wa stes at a rate of not more than 500 pounds per hour.

• Equipment which is designed to dry grain at a rate **of** not more than 1,500 bushels per hour at 5% moisture extraction.

• Portland concrete batch plants which produce or wil l produce less than 20,000 cubic yards **of** concrete per month averaged over any 12 consecutive month period.

• Storage tanks containing organic compounds with a t rue 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.

• VOC storage tanks with a combined total tankage cap acity of not more than 10,000 gallons of volatile organic compounds.

• Painting or coating operations, including associate d cleaning operations, which emit or will emit not more than 1666 pounds of vola tile organic compounds per month, which are measured prior to entering any emi ssion control devices, unless the emissions of any single hazardous air pollutant equal or exceed 10 tons per year or the cumulative emissions of hazardous air p ollutants equal or exceed 25

tons per year.

• Graphic arts operations, including associated clean ing 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 dev ices, unless the emissions **of**EC/R DRAFT

2/4/09

69 

### State **Exemptions**

any single hazardous air pollutant equal or exceed 10 tons per y ear or the cumulative emissions of hazardous air pollutants eq ual or exceed 25 tons per

year.

• Equipment used or to be used for the purpose of tes ting or research provided

that all of the

• Following requirements are met:



### - A complete application for exemption is made descri bing the proposed testing or research and including an operating sche dule and the types of quantities of emissions anticipated.



### - 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 welf are or to the environment and approves the application for exempt ion.

• 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 em issions of any single hazardous air pollutant equal or exceed 10 tons per year or t he cumulative emissions of hazardous air pollutants equal or exceed 25 tons pe r year. Hourly emissions shall be determined, based on the quantitative estimate o f air contaminants before they enter any emission control devices, by dividin g the total uncontrolled emissions which would have occurred during a calend ar 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 i n use.

• Equipment whose primary purpose is to transport or sort paper.

• Facilities for chlorination of municipal drinking w ater, the intake of once through industrial process or cooling water, or water for s wimming pools, spas or other

recreational establishments.

Extensive List.
Wyoming For Sulfur Dioxide: fuel burning equipment with a h eat input of less than 250 x **10^6**

Btu/hr. All Oil burning equipment constructed befor e January 1, 1974.

For Nitrogen Oxides: Internal combustion engines wi th a heat input of less than 200 million Btu per hour are exempt from the requiremen ts of this section.

The installation or alteration of an air pollutant detector, air pollutants recorder,
combustion controller, or combustion shutoff.

Air conditioning or ventilating systems not designe d to remove air pollutants generated by or released from equipment.

Fuel burning equipment other than a smokehouse gene rator which has a heat input of not more than 25 million Btu per hour and burns onl y gaseous fuel containing not more than 20 grains total sulfur per 100std. ft^3; has a heat input of not more than 10 million Btu/hr and burns any other fuel.
Mobile internal combustion engines.EC/R DRAFT

2/4/09

70 

### State **Exemptions**

Laboratory equipment used exclusively for chemical or physical analyses.

The installation of air pollution control equipment which **is** not a **part** of a project which requires a construction or modification permit unde r Section 21 or 24 of these regulations.

Gasoline storage tanks at retail establishments.

Such other minor sources which the Administrator de termines to be insignificantin both emission rate and ambient air quality impact.EC/R DRAFT

2/4/09

71

### ATTACHMENT 2

SUMMARY OF APPLICABILITY “EMISSION TESTS” FOR SELEC TED STATE AND

LOCAL MINOR NSR PROGRAMSEC/R DRAFT9/30/091Summary of Applicability “Emission Tests” for Selected State and Local Minor NSR ProgramsState or LocalProgramMinor NSR Emission Testfor ApplicabilityNotesAlaska At the owner’s discretioneither:1.Potential-to-potential2.Actual-to-actualThis actual-to-actual test uses baseline actual emissions and projected actualemissions, adapting the current major NSR provisions to minor sources.Oklahoma Actual-to-actual Actual emissions definedas “the total amount of any regulated air pollutantactually emitted from a given facility during a particular calendar year”calculated as for annual emission inventory purposes.Washington –State Department ofEcology (also appliesto Yakima RegionalClean Air Agency)NSPS test (actual-to-actualbased on hourly emissionrate)After the initial determination of whether a physical or operational change isa modification based on the NSPS test, individual emissions units can beexempted if their increase in emissions is below specified thresholds (e.g.,2 tpy VOC). This exemption is stated based on theincrease in actualemissions, but the program’s definition of “actualemissions” is the same onethat used to result in an actual-to-potential testin major NSR.Washington –Olympic RegionalClean Air AgencyNSPS test (actual-to-actualbased on hourly emissionrate)There is an exemption for very small sources (e.g.,with source-wide totalemissions of < 1 tpy of all criteria pollutants andVOC combined after themodification). Such sources need only submit a notice.Washington –Puget Sound CleanAir AgencyNSPS test (actual-to-actualbased on hourly emissionrate)New Mexico Applicability formodifications based onplantwide PTE before or afterthe modification being greaterthan cut-offs (10 lb/hr or25 tpy)Modification is defined based on a potential-to-potential test, but minor NSRonly applies if the after-modification PTE of the source exceeds one of thecut-offs for one pollutant.EC/R DRAFT9/30/092State or LocalProgramMinor NSR Emission Testfor ApplicabilityNotesOregon Must notify agency prior to amodification, defined basedon a potential-to-potential teston an hourly basis.For certain modifications,must also receive approvalprior to construction, basedon annual thresholds that donot seem to specify the basis.These rules are unusual in that they involve PlantSite Emission Levels (sortof like PALs) and a separate “netting basis” and the NSR applicability ofmodifications hinges on increases above one or bothof these levels. It is notclearly specified whether increases are measured inactual, allowable, orpotential emissions.Nevada Unified operating permit/NSRprogram.Minor modifications toClass I (Title V) permitscanbe used if emissions do notincrease by more than majorNSR significant amountsbased on an allowable-toallowable test (as well as anumber of Title V limitationson minor modifications).Class II and III (minorsource) permitsare revisedfor a modification, which isdefined based on the NSPStest (actual-to-actual based onhourly emission rate).There do not appear to be any independent, substantive requirements forminor NSR. Modifications that are not subject to major NSR require aminor permit modification in this unified program,but there don’t appear tobe any control technology, air quality analysis, orany other requirementsother than they meet all applicable requirements.EC/R DRAFT9/30/093State or LocalProgramMinor NSR Emission Testfor ApplicabilityNotesArizona Unified operating permit/NSRprogram.Minor modifications toClass I (Title V) permitscanbe used if emissions do notincrease by more than majorNSR significant amountsbased on an allowable-toallowable test (as well as anumber of Title V limitationson minor modifications).Minor modifications ofClass II (minor source)permits. There are manytypes of changes that do notrequire any permitmodifications, some of whichrequire either on-site loggingor advance notification. Theonly situation that requires aminor modification that isdirectly related to emissionsoccurs when the changetriggers a new applicablerequirement and the netincrease in emissions is lessthan significant. This is anactual-to-actual test.Arizona does not appear to have any requirements under its minor NSRprogram other than that the source meet all applicable requirements. That is,under the unified program, the source is required in some instances to get apermit revision to reflect changes, but there is nocontrol technology, airquality analysis, or other independent minor NSR requirements as part ofthat process.EC/R DRAFT9/30/094State or LocalProgramMinor NSR Emission Testfor ApplicabilityNotesMinnesota Unified operating permit/NSRprogram.Potential-to-potential basedon hourly emissions.The language of the emission test has a lot in common with the NSPS test,but appears to be a potential-to-potential test nevertheless.California-FeatherRiverNo emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This change in emissions iscalculated for each emissions unit, and the changesare totaled.•For EUs increasing emissions, the change is potential-to-potential•For EUs decreasing emissions, compare pre-change actuals to post-changepotential•For shut down units, the decrease is the pre-shutdown actuals•For units with control added, the decrease is pre-change actuals timescontrol efficiencyCalifornia-GreatBasinNo emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. The emission test for thisincrease uses potential emissions for post-change emissions. The pre-changeemissions are based on “the specific limiting conditions set forth in thesource's authority to construct and permit to operate, and, where no suchconditions are specified, on the actual operating conditions of the existingsource.” Thus this sounds like an allowable-to-potential or actual-topotential, depending on whether there are permittedlimits with which todefine allowable emissions.This program also has an “annual emissions profile”method to determinewhether a net emissions increase has occurred.California-Imperial No emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements apply to the sourcedepends on potentialemissions after the modification, not any comparison of pre-change to postchange emissions.EC/R DRAFT9/30/095State or LocalProgramMinor NSR Emission Testfor ApplicabilityNotesCalifornia-Modoc No emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This testseems somewhatvariable:1. In determining the emissions from a proposed newor modified stationary sourceestimates shall be based on maximum design capacity, permit limitations on theoperation of the new source or modification, or source test data from identicalequipment or estimates based upon a combination ofthese methods.2. In determining emissions from an existing stationary source emissions shall be basedon specific limiting permit conditions or source test data based upon normaloperating conditions or a combination of these methods.California-San Diego No emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This is apotential-to-potentialtest for modified units.California-SanJoaquinNo emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This is apotential-to-potentialtest for modified units.California-SouthCoastNo emission test – the sourcemust obtain a Permit toConstruct for any change atthe source regardless of theeffect on emissionsThe specific requirements of the NSR program applyfor any increases innonattainment pollutants. For determining an increase, this is an allowableto-potential test if the source was permitted priorto the modification andactual-to-potential if not previously permitted.EC/R DRAFT9/30/096State or LocalProgramMinor NSR Emission Testfor ApplicabilityNotesCalifornia-Lassen No emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This is anactual-to-potential testfor modified units.CaliforniaMendocinoNo emission test – the sourcemust obtain an Authority toModify permit for any changeat the source regardless of theeffect on emissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This appears to be an actual-topotential test for modified units, although it is not entirely clear.California-Mojave No emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This is anactual-to-potential testfor modified units.California-North CoastNo emission test – the sourcemust obtain an Authority toConstruct permit for anychange at the sourceregardless of the effect onemissionsDetermining which requirements the source must apply to the modified unitsdepends on how much emissions increase. This is apotential-to-potentialtest for modified units.

### ATTACHMENT 3

STATE MINOR NSR RULES Information on Treatment of Fugitive EmissionsEC/R DRAFT

12/23/09



### 1 STATE MINOR NSR RULES Information on Treatment of Fugitive Emissions

COLORADO Verified/updated 12/23/09 The Colorado rules do not appear to include any exp licit statement of whether fugitive emissions are, or are not, included when determinin g the applicability of minor NSR. This could be interpreted as meaning that fugitive emiss ions are included because they are “emissions” and are not specifically exempted. In addition, the guidance related to construction permits and emission notices on the agency web site does not say anything about fugitive emissions being exempted. Also, some Air Pollution Emission Notice/construction permit forms for specific facility types request information on fugitive emissions and controls from specific fugitive emission points (e.g., aggregate storage p iles and haul roads at concrete batching plants.

The major NSR rules conform to the treatment of fug itive emissions that is found in EPA’s major

NSR rules.

Some definitions and other provisions that may pert ain to the minor NSR program follow (emphasis added):

Regulation 3 (Permitting and air pollutant emission notice requirements), Part B (Construction permits), II.A.1. Except where specifically author ized by the terms of this Regulation Number 3, no person shall commence construction of any statio nary source or modification of a stationary

source without first obtaining or having a valid construc tion permit from the Division.

Regulation 3, Part A (General provisions), Definiti ons Stationary Source – Any building, structure, facility, or installati on, or any combination thereof belonging to the same industrial grouping, that emi ts or may emit any air pollutant subject to regulation under the Federal Act ....

Modification – Any physical change in, or change in the method o f operation of, a stationary

source that does not meet the definition of major modific ation ... and that increases the emission

rate of any pollutant .... [with some listed exemptions, including EPA’s major NSR exemptions, an exemption for minor changes at sources with Titl e V permits (which are handled per Title V provisions), etc.]

Common Provisions Regulation Definitions (which apply unless superseded in a mor e specific rule; these are not superseded in Regulation 3)

Emission – The discharge or release into the atmosphere (am bient air) of one or more air pollutants.

Fugitive emissions – Emissions that could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

There are some exemptions from minor NSR permitting that specifically refer to fugitive emissions. This could be interpreted to mean that where fugitive emissions are not mentioned,EC/R DRAFT

12/23/09



### 2 COLORADO Verified/updated 12/23/09 they are included.

FLORIDA Verified/updated 12/23/09 The Florida rules do not appear to include any expl icit statement of whether fugitive emissions are, or are not, included when determinin g the applicability of minor NSR. This could be interpreted as meaning that fugitive emiss ions are included because they are “emissions” and are not specifically exempted. In addition, the construction permit applications require information regarding fugitive emissions (a lthough the instructions indicate the normal major NSR exemptions for determining whether the en tire source is a major source).

The major NSR rules conform to the treatment of fug itive emissions that is found in EPA’s major

NSR rules.

Some definitions and other provisions that may pert ain to the minor NSR program follow (emphasis added):

Chapter 62-210 (Stationary Sources - General Requir ements), 62-210.300 (Permits Required) Unless exempted from permitting ..., the owner or o perator of any facility or emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain appropriate authorization from the Department * * * (1) Air Construction Permits. (a) Unless exempt from permitting ..., an air const ruction permit shall be obtained by the owner or operator of any proposed new, reconstructed, or modified facility or emissions unit, or any new pollution control equipment prior to the beginn ing of construction , reconstruction pursuant to 40 CFR 60.15 or 63.2, or modification of the facility or emissions unit or addition of t he air pollution control equipment; or to establish a PAL; in accordance with all applicable provisions of this chapter, Chapter 62-212, F.A.C., and Chapte r 62-4, F.A.C.

Chapter 62-210 (Stationary Sources - General Requir ements), 62-210.200 (Definitions) (94) “Construction” –

* * * * * (b) For the purposes of Rules 62-212.300 [General P reconstruction Review Requirements], 62- 212.400 [PSD], 62-212.500 [NA NSR], and 62-212.720 [PALs], F.A.C., construction means any physical change or change in the method of operatio n (including fabrication, erection, installation, or modification of an emissions unit) that would result in a change in emissions

. * * * * *

(121) “Emission” – The discharge or release into th e atmosphere of one or more air pollutants.

(147) “Fugitive Emissions” – Those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent open ing.

(205) “Modification” – Any physical change in, chan ge in the method of operation of, or addition to a facility which would result in an inc rease in the actual emissions of any air pollutant subject to regulation under the Act, including any not previously emitted, from any emissions unit or facility. * * *EC/R DRAFT

12/23/09



### 3 CALIFORINA

– Feather River AQMD Verified/updated 12/23/09 The FRAQMD rules do not appear to differentiate bet ween major and minor NSR, although there is some differentiation between nonattainment and attainment areas within the AQMD. (Note: These rules are rather hard to figure out; they do not appear to be internally consistent.)

It appears that fugitive emissions are included for all purposes in the FRAQMD NSR

program. “Stationary source” and “emissions unit” are defi ned to specifically include fugitive emissions. (Most of the requirements are applied t o individual emissions units.) There are no provisions for any types of sources to exclude fugi tive emissions when determining applicability (as in EPA’s major NSR rules). However, there is n o “emissions test” for applicability; any source of emissions is subject to permitting.

Rule 1.1 (Definitions)

s. Emission: The passing into the atmosphere of an air contaminant or gas stream which contains

an air contaminant.

Rule 4.1 (Permits Required)

a. Authorization to Construct: Any person building, erecting, altering or replaci ng any article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants or the use of which may eliminate or r educe or control the issuance of air contaminants, shall first obtain written authorizat ion for such construction from the APCO. * * *

Rule 10.1 (New Source Review) B. Applicability This Rule shall apply to all new and modified stati onary sources which are subject to District permit requirements and which, after construction, emit or may emit any affected pollutants.

* * *

D. Definitions

D.13 Emissions Unit : An identifiable operation or process, or control equipment such as an article, machine, or other contrivance which emits, may emit, or results in the emissions of any affected pollutant, directly or as fugitive emissio ns . * * *

D.15 Fugitive Emissions : Those emissions which can not reasonably pass thr ough a stack, chimney, vent or other functionally equivalent open ing.

D.39 Stationary Source : Any building, structure, or facility which emits or may emit any affected pollutant directly or as a fugitive emissi on

.EC/R DRAFT

12/23/09



### 4 TEXAS Verified/updated 12/23/09 The Texas rules do not appear to include any explic it statement of whether fugitive emissions are, or are not, included when determining the appl icability of minor NSR. This could be interpreted as meaning that fugitive emissions are included because they are “contaminants” and are not specifically exempted.

The major NSR rules conform to the treatment of fug itive emissions that is found in EPA’s major

NSR rules.

Some definitions and other provisions that may pert ain to the minor NSR program follow (emphasis added):

Title 30 Environmental Quality Part 1 Texas Commission On Environmental Quality Chapter 116 Control Of Air Pollution By Permits For New Construction Or Modification Subchapter B New Source Review Permits Division 1 Permit Application Rule §116.110 Applicability (a) Permit to construct. Before any actual work is begun on the facility, any person who plans to construct any new facility or to engage in the modi fication of any existing facility which may

emit air contaminants into the air of this state shall either: * * * (alternatives for permitting)

Chapter 101 General Air Quality Rules Subchapter A General Rules Rule §101.1 Definitions (39) Fugitive emission--Any gaseous or particulate contaminant entering the atmosphere that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening designed to direct or control its flow.

Chapter 116 Control Of Air Pollution By Permits For New Construction Or Modification Subchapter A Definitions Rule §116.10 General Definitions (11) Modification of existing facility--Any physica l change in, or change in the method of operation of, a facility in a manner that increases the amount of any air contaminant emitted by the facility into the atmosphere or that results in the emission of any air contaminant not previously emitted. The term does not include: * * * (no mention of fugitives)EC/R DRAFT

12/23/09



### 5 OREGON Verified/updated 12/23/09 The Oregon rules do not appear to include any expli cit statement of whether fugitive emissions are, or are not, included when determinin g the applicability of minor NSR. This could be interpreted as meaning that fugitive emiss ions are included because they are “emissions” and are not specifically exempted.

The major NSR rules do not conform to the treatment of fugitive emissions tha t is found in EPA’s major NSR rules. Instead, fugitive emissions are “ included in the calculation of emission rates of all air contaminants.” In addition, for major N SR in nonattainment and maintenance areas, “major source” is defined based on significant emission levels, rather than EPA major levels. Thus, the Oregon NA NSR program includes some sourc es that we would typically classify as subject to minor NSR.

Some definitions and other provisions that may pert ain to the minor NSR program follow (emphasis added):

Division 210 Stationary Source Notification Require ments 340-210-0215 Requirement (1) New Stationary Sources. No person is allowed t o construct, install, or establish a new stationary source that will cause an increase in an y regulated pollutant emissions without first notifying the Department in writing. (2) Modifications to Stationary Sources. No person is allowed to make a physical change or change in operation of an existing stationary sourc e that will cause an increase, on an hourly basis at full production, in any regulated pollutan t emissions without first notifying the Department in writing. (3) Air Pollution Control Equipment. No person is allowed to construct or modify any air pollution control equipment without first notifying the Department in writing.

The type of “notification” varies with the size of the source or modification. For larger ones, it requires an application for an “air contaminant dis charge permit” (a construction and operating permit), which must be approved before co nstruction begins.

Division 200 General Air Pollution Procedures And Definitions 340-200-0020 General Air Quality Definitions (38) "Emission" means a release into the atmosphere of any regulated pollutant or any air

contaminant. (54) "Fugitive Emissions": (a) Except as used in subsection (b) of this sectio n, means emissions of any air contaminant which escape to the atmosphere from any point or ar ea that is not identifiable as a stack, vent, duct, or equivalent opening. (b) As used to define a major Oregon Title V Operat ing Permit program source, means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (133) "Stationary source" means any building, struc ture, facility, or installation at a source that emits or may emit any regulated air pollutant.EC/R DRAFT

12/23/09



### 6 UTAH Verified/updated 12/23/09 The Utah rules do not appear to include any explici t statement of whether fugitive emissions are, or are not, included when determining the appl icability of minor NSR. This could be interpreted as meaning that fugitive emissions are included because they are “emissions” and are not specifically exempted.

The major NSR rules conform to the treatment of fug itive emissions that is found in EPA’s major

NSR rules.

Rule R307-401. Permit: New and Modified Sources. R307-401-3. Applicability. (1) R307-401 applies to any person intending to: (a) construct a new installation which will or might reasonably be expected to beco me a source or an indirect source of air pollution, or (b) make modifications or relocate an existing inst allation which will or might reasonably be expected to increase the amount or change the effec t of, or the character of, air contaminants discharged, so that such installation may be expect ed to become a source or indirect source of air pollution, or (c) install a control apparatus or other equipment intended to control emissions of air

contaminants.

R307-401-5. Notice of Intent. (1) Except as provided in R307-401-9 through R307-4 01-17 [exemptions] , any person subject to

R307-401 shall submit a notice of intent [NSR application] to the executive secretary and receive an approval order [NSR permit] prior to initiation of construction, modification or relocation. The notice of intent shall be in a format specified by the executive secretary. (2) The notice of intent shall include the followin g information: * * *

Rule R307-101. General Requirements.

R307-101-2. Definitions. "Emission" means the act of discharge into the atmo sphere of an air contaminant or an effluent which contains or may contain an air contaminant; o r the effluent so discharged into the atmosphere. "Installation" means a discrete process with identi fiable emissions which may be part of a larger industrial plant. Pollution equipment shall not be considered a separate installation or

installations. "Modification" means any planned change in a source which results in a potential increase of

emission

.

Rule R307-401. Permit: New and Modified Sources.

R307-401-2. Definitions.

"Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent ope ning.EC/R DRAFT

12/23/09



### 7 ALASKA Compiled 12/23/09 The Alaska rules provide that the emissions of a ne w minor source are determined based on potential emissions. For minor modifications, the rules allow the source to calculate the increase in emissions from a modification either (1 ) based on the increase in potential emissions, or (2) based on actual emissions and a n et emissions increase. The definitions

associated with the actual emissions basis mirror t he major NSR definitions prior to the Fugitives Rule (which is currently stayed); i.e., e xplicitly include fugitive emissions to the extent quantifiable. The rules do not appear to in clude any explicit statement of whether fugitive emissions are, or are not, included when d etermining the applicability of minor NSR based on potential emissions for new sources or mod ifications. This could be interpreted as meaning that fugitive emissions are included because they are “emissions” and are not specifically exempted.

The major NSR rules conform to the treatment of fug itive emissions that is found in EPA’s major

NSR rules.EC/R DRAFT

12/23/09



### 8 ARIZONA Compiled 12/23/09 The Arizona rules do not appear to include any expl icit statement of whether fugitive emissions are, or are not, included when determinin g the applicability of minor source permitting. This could be interpreted as meaning that fugitiv e emissions are included because they are “emissions” and are not specifically exemp ted.

Arizona has a unified permitting system that combin es construction permits and operating permits. This includes Class I permits for major s ources (i.e., Title V permits) and Class II permits for minor sources with uncontrolled emissio ns that meet the federal definition of “significant.” The definition of “major source” fo r the program is the same as the Part 70 definition, one part of which includes the major so urce definition based on section 302(j) of the Act (excluding consideration of fugitive emissions except for the listed source categories). However, there is no similar definition for non-maj or sources. (The rules include separate major NSR requirements, but they are incorporated i nto the Class I permit and no separate NSR permit is issued.)

All permits are required to include any applicable requirements for fugitive emissions even if they are not considered for applicability. In addi tion, sources must submit annual emission inventories, which must include fugitive emissions.

The major NSR rules conform to the treatment of fug itive emissions that is found in EPA’s major

NSR rules.