E

C

/R Incorporated Providing Environmental Technical Support Since 1989

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 fill regulatory gaps in Indian country. In 

recent years, EC/R has supported EPA in this regulatory development effort by compiling and 

summarizing information about various aspects of selected state and local minor NSR programs. 

The purpose of this memorandum is to gather this information together for submission to the 

rulemaking docket. 

2.0 Methodology

 The information attached to this memorandum was gathered primarily from state and 

local agency web sites where the agencies’ regulations 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 EPA titled Review of State and Local 

Agencies’ New Source Preconstruction Permit Programs for Minor Sources (referred to in 

Attachment 1 as the “MRI Report”), Docket ID No. EPA-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 Long 

Jessica, 

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

I've color coded it as follows: 

Grey highlighted material was taken directly from the MRI Report and has not yet been 

verified. Regarding exemptions, it has tended to be basically correct and up-to-date with only 

minor changes in the intervening years. AQIA information has been inconsistent. In some 

cases, the information in the MRI Report does not really 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 yet 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 NSR 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 Incorporated 
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STATE MINOR NSR RULES 

Information on Selected Topics

State Definition of Construct/Construction

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

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. 51.166(b); 

* * * * * 

[40 CFR 51.166(b)(8) Construction means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification of an 

emissions unit) that would result in a change in emissions.] 

[18 AAC 50.040 "Federal standards adopted by reference" adopts most of the definitions of 40 

CFR 52.21 and 51.165, with some exceptions (e.g., "construction" 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)] 
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State Definition of Construct/Construction

Arizona: 

Maricopa 

County 

[Bottom Line: Minor NSR essentially uses EPA's major NSR 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 pollutant 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 than such deminimis amount. 

200.79 PHYSICAL CHANGE - Any replacement, addition, or alteration of equipment that is 

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, form, or 

physical properties of a material, or any chemical action resulting in a change in the chemical 

composition or properties of a material. 

[Also has definitions of "commence" (verbatim from EPA's major 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 permit revisions from the Control Officer. 

CaliforniaFeather 

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 construction or modification of any source 

without first obtaining, as required by regulations, an Authority 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." 
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State Definition of Construct/Construction

Colorado [Bottom Line: Colorado specifies activities that can be performed 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-construction approvals or permits 

required by federal, state, or local air pollution and air quality 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 contractual obligation that 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 time. The following 

activities do not require the owner or operator to obtain a permit: 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 management staff and contractor 

personnel; 6) engineering and design; and 7) geotechnical investigation. In the event that 

the source does not qualify for issuance of a permit, the owner 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 this Regulation Number 3, no 

person shall commence construction of any stationary source or modification of a stationary 

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

* * * * * 

COMMON PROVISIONS REGULATION 

I. DEFINITIONS, STATEMENT OF INTENT, AND GENERAL PROVISIONS 

APPLICABLE TO ALL EMISSION CONTROL REGULATIONS ADOPTED BY THE 

COLORADO AIR QUALITY CONTROL COMMISSION 

I.G. Definitions 

CONSTRUCTION Except as listed below or unless defined differently for a specific 

regulation, construction means the fabrication, erection, installation, or modification of an air 

pollution source. For Prevention of Significant Deterioration and New Source Review 

purposes, construction means any physical change or change in the method of operation 

(including, but not limited to, fabrication, erection, installation, demolition, or modification of 

an emissions unit) which would result in a change in actual emissions. 
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State Definition of Construct/Construction

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

(although organized a little differently), but includes additional activities that are, and are not, 

considered construction.] 

CHAPTER 62-210 STATIONARY SOURCES - GENERAL REQUIREMENTS 

62-210.200 Definitions. 

(94) “Construction” – 

(a) The act of performing on-site fabrication, erection, installation 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 electrical conduit; and fabrication 

or installation of permanent storage structures, component parts of an emissions unit or 

facility, associated support equipment, or utility connections. Land clearing and other site 

preparation activities are not a part of the construction activities. 

(b) For the purposes of Rules 62-212.300 [General Preconstruction 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 (including 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 60 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 63, 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 such equipment at a new 

location. The owner or operator of an existing affected source that is relocated may elect not to 

reinstall minor ancillary equipment including piping, ductwork, and valves. However, removal 

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

criteria for reconstruction as defined in this section. The costs of replacing minor ancillary 

equipment must be considered in determining whether the existing affected source is 

reconstructed. 

62-210.300 Permits Required. * * * 

(1) Air Construction Permits. 

(a) Unless exempt from permitting pursuant to paragraph 62-210.300(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 emissions 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 emissions 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 construction, at the source's 

risk, prior to obtaining the permit to construct for non-major sources and modifications.] 

58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN 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 activities 
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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 structures. With respect to a 

change in method of operation, this term refers to those on-site activities, other than preparatory 

activities, which mark the initiation of the change. 

24. Construction- Fabrication, erection, installation, or modification of a stationary source or 

facility. 

007.DEFINITIONS FOR THE PURPOSES OF [CONSTRUCTION PERMITS] 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 modification of any stationary source, 

facility, major facility, or major modification without first 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 owner or operator complies with 

Section 213[see below] and obtains the required permit to construct, or the owner or operator 

complies with Sections 175 through 181 [Facility Emissions Cap provisions], or the source 

operates in accordance with all of the applicable provisions of a permit by rule. 

213.PRE-PERMIT CONSTRUCTION. 

This section describes how owners or operators may commence construction 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 sources or modifications proposed 

in accordance with Subsection 213.01.d. Pre-permit construction 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 Department’s pre-permit construction 

approval, the owner or operator shall satisfy the following 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 representatives prior to submitting a 

pre-permit construction approval application. (3-23-98) 

c. The owner or operator shall submit a pre-permit construction 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 in Subsection 213.02; proof of 

eligibility; process description(s); equipment list(s); proposed emission limits and modeled 

ambient concentrations for all regulated air pollutants and toxic air pollutants, such that they 

demonstrate compliance with all applicable air quality rules and regulations. The models shall 

be conducted in accordance with Subsection 202.02 and with written Department approved 

protocol and submitted with sufficient detail so that modeling can be duplicated by the 

Department. (4-11-06) 

d. Owners or operators seeking limitations on a source’s potential to emit such that permitted 

emissions will be either below major source levels or below a significant increase must 

describe in detail in the pre-permit construction application the proposed restrictions and certify 
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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 located. 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 the 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 construction approval application, 

the Department shall notify the owner or operator in writing of pre-permit construction 

approval or denial. The Department may deny the pre-permit construction approval application 

for any reason it deems valid. (3-23-98) 

c. Upon receipt of the pre-permit construction approval letter issued 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 application 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 with Section 200 unless and 

until issued a permit pursuant to Section 209. (5-3-03) 

d. If the pre-permit construction approval application is determined incomplete or the permit to 

construct is denied, the Department shall issue an incompleteness 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 construct decision based on the fact 

that they have already begun construction. (3-23-98) 

Minnesota "Begin actual construction" means, in general, initiation of physical, on-site construction, 

reconstruction, or modification activities on an emissions unit 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 permanent storage structures. Such 

activities do not include site clearing and grading or entering 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, which 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 issued or may not contain the terms the 

applicant desires. 

"Construction" means fabrication, erection, or installation of an emission facility, emissions 

unit, or stationary source. Construction also includes excavation, blasting, removing rock and 

soil, and/or backfilling unless the administrator deems these activities to be of minimal cost, do 

not significantly alter the site, and are not permanent in nature. Construction does not include 

site clearing or grading. 

Montana
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State Definition of Construct/Construction

Nebraska "Begin actual construction" means in general, initiation of physical 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 foundations, 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 than preparatory activities which 

mark the initiation of the change. 

"Commence" as applied to construction, reconstruction, or modification 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 time; or 

031.02 Entered into binding agreements or contractual obligations, which cannot be 

cancelled or modified without substantial 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 of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) which 

would result in a change in actual emissions (a change in “emissions” 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, including, without limitation, the 

fabrication, erection, installation or modification of an emission unit. 

New 

Mexico 

"Commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification. 

Construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources. 

North 

Dakota 

Oklahoma "Commence" means, unless specifically defined otherwise, that the owner 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, fabrication, 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], unless 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, demolition, or modification of a source or 
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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, demolition, 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 parallels 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 this term has any force in minor NSR. In 

addition, "commence" is used in the major NSR rules only in connection with commencing 

construction within 18 months and with reevaluation of BACT/LAER for phased construction 

projects, not in a general prohibition of construction without 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 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 source that will cause an increase, on an hourly 

basis at full production, in any regulated pollutant 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. 

["Construction" defined above. No definitions for "install," "establish," or "physical changes or 

change in operation." No specification of when construction begins.] 

340-210-0225

Types of Construction/Modification Changes

[Establishes Types 1 – 4, ranging from Type 1 with emission increases no greater than de 

minimis (which is a defined level; e.g., 1 tpy for criteria pollutants 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 pollution 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, whichever is appropriate. 

* * * * * 

340-210-0240

Construction Approval

[Type 1 and 2 changes may "proceed with construction or modification" 10 or 60 days after 

submitting their notices, respectively.] 

(c) For Type 3 changes, the owner or operator must obtain either a Construction ACDP or a 

new or modified Standard ACDP in accordance with OAR chapter 340 division 216 before 
EC/R DRAFT 

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State Definition of Construct/Construction

proceeding with the construction or modification. 

(d) For Type 4 changes, the owner or operator must obtain a new 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 physical 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 foundations, 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 than preparatory activities which mark 

the initiation of the change. 

Commence as applied to construction of a major stationary source 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 actual 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 time. 

(Above is a major NSR definition.) 

Construction means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would 

result in a change in emissions. 
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State Definition of Construct/Construction

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

emissions unit that 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 permanent storage structures. With respect to a change in method of operation, 

this term refers to those on-site activities other than preparatory activities that mark the 

initiation of the change. 

Commence--As applied to construction of a major stationary source 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 actual 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 time. 

Construction--Any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would 

result in a change in actual emissions. 
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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 further 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 modification 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 provisions], any person subject to R307-

401 shall submit a notice of intent [i.e., application] to the 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 rules. "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 unless superseded in 

another section (as in R307-401)] 

"Modification" means any planned change in a source which results 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, as follows: 

"Construction" means any physical change or change in the method of operation including 

fabrication, erection, installation, demolition, or modification 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 EPA 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.] 
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State Definition of Construct/Construction

Washington "Begin actual construction" means, in general, initiation of physical on-site construction 

activities on an emission unit which are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and foundations, 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 other than preparatory activities which 

mark the initiation of the change. 

"Commence" as applied to construction, means that the owner or operator has all the necessary 

preconstruction approvals or permits and either has: 

(i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, 

to be completed within a reasonable time; or 

(ii) Entered into binding agreements or contractual obligations, 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 time. 

(b) For the purposes of this definition, "necessary preconstruction approvals" means those 

permits or orders of approval required under federal air quality control laws and regulations, 

including state, local and federal regulations and orders contained in the SIP. 

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

site clearance, grading, dredging or landfilling specifically designed for a stationary source in 

preparation for the fabrication, erection or installation of the building components of the 

stationary source. 

Wyoming “Begin actual construction” means, in general, initiation of physical 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 foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method 

of operation this term refers to those onsite activities, other 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 begin, 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 substantial 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 of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) which 

would result in a change in emissions. 
EC/R DRAFT 

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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 “reconstruction” in 40 C.F.R. 

63.2 [MACT General Provisions], adopted by reference in 18 AAC 50.040, except that for 

purposes of 18 AAC 50.260 “reconstruction has the meaning given 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 minor 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 the 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 the 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 commencement of construction 

* * * * *

RULE 240 – PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR 

MODIFICATIONS TO EXISTING MAJOR SOURCES 

SECTION 200 – DEFINITIONS 

210 MAJOR SOURCE 

* * * * * 

210.6 Any source classified as major undergoing modification that meets 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 source, as determined in 

accordance with the provisions of 40 C.F.R. 60.15(f)(1) through (3). 

* * * * * 

CaliforniaFeather 

River 

AQMD 

"Reconstructed source" defined for NSR. The definition is needed 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 physical 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 the 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 defined for purposes of NSPS and 

visibility and BART regulations. 

Florida CHAPTER 62-210 STATIONARY SOURCES - GENERAL REQUIREMENTS 

62-210.200 Definitions. 

(259) “Reconstruction” – For the purposes of Rule 62-212.400 [PSD], F.A.C., the replacement 

of components of an existing emissions unit to such an extent that the fixed capital cost of the 

new components exceeds 50 percent of the fixed capital cost that would 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 existing emissions unit 

to which a New Source Performance Standard or state air pollution control rule is applicable, to 

the extent that the fixed capital cost of the depreciable components exceeds 50 percent of the 

fixed capital cost of depreciable components that would be required to construct a comparable 

entirely new emissions unit. 

Montana

Nebraska "Reconstruction" means a situation where the fixed capital cost of 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 source will be treated as a new stationary 

source. In determining best available control technology or lowest 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 existing 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 facility; 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 all the depreciable components. 

New 

Mexico 

"Reconstruction" means a modification which results in the replacement 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 facility. 

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 depreciable components of the 

new components exceeds 50 percent of the fixed capital cost of a comparable entirely new 

source); 

(ii) the estimated life of the source after the replacements is comparable 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 purposes of OAC 252:100-8, Part 

9. 
EC/R DRAFT 

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15 

State Definition of Reconstruct/Reconstruction

Oregon No definition of "reconstruction" appears in the minor or major 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. However, 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 source and the substitution 

of those components with similar new components to such an extent 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 “reconstruction” does not 

apply to minor or indirect sources. 

Wyoming
EC/R DRAFT 

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16 

Air Quality Impact Analysis (AQIA) 

State Air Quality Impact Analysis

Alaska [Bottom Line: AQIA required for minor NSR permits unless 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, included 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 emissions from the stationary source 

will not interfere with the attainment or maintenance of the ambient air quality 

standards; the ambient demonstration must follow an approved modeling protocol if the 

department requests a modeling protocol for demonstrating compliance with ambient air 

quality standards; unless the department has made a finding in writing that the stationary 

source or modification does not need an ambient analysis to determine that construction 

and operation will not result in a violation of an ambient 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 portable 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 analysis 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 kilometers 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 emissions increase from the 

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

carbon monoxide. 

ArizonaMaricopa 

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 sources 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 quality impact modeling, the 

modeling shall be performed in a manner consistent with 40 CFR 51, Appendix W, "Guideline 

on Air quality Models", as of July 1, 2004 (and no future amendments or additions), .... 

[407.2 gives requirements for model substitution.] 

CaliforniaFeather 

River 

AQMD 

[Bottom Line: The AQMD can require an AQIA for minor sources 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 directly by EPA Region 9.)] 
EC/R DRAFT 

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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 require an applicant to use an air 

quality model to estimate the effects of a new or modified emissions 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 requirements 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. After 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 height 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 usually 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 whether 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 hazardous pollutants, 

III.B.5.c. Requirements of the nonattainment and attainment programs (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 the 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 approval under Section VIII.A. of 

Part A of this regulation. 

Colorado Modeling Guideline for Air Quality Permits 

* * * * * 
EC/R DRAFT 

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18 

State Air Quality Impact Analysis

Minor sources and minor modifications are not required by regulation to submit a compliance 

demonstration (i.e., modeling) along with their permit application. Nevertheless, applicants may 

elect to include modeling with the application to prevent unnecessary delays. If modeling is not 

submitted with the permit application, the Division will decide if modeling is warranted to 

complete the impact analysis and compliance demonstration required by 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 there 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 the 

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 emission rate is less, a qualitative description 

of the impact is adequate unless there is a situation that warrants 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 (NOx) 40 tons per year 

Sulfur Dioxide (SO2) 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 believe the source will cause or 

contribute to a violation of applicable ambient air quality standards in circumstances such 

as: 

(a) Sources of SO2, 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 SO2, 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, including grandfathered sources that 

have never been modeled before. 
EC/R DRAFT 

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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 emissions unit subject to this rule shall 

provide the Department, at a minimum, the following information: 

1. The nature and amounts of emissions from the emissions unit.... 

2. The location, design, construction, and operation of the emissions unit to the extent necessary 

to allow the Department to determine whether construction or modification of the emissions 

unit would result in violations of any applicable provisions of Chapter 403, Florida Statutes, or 

Department air pollution rules, or whether the construction or modification would interfere with 

the attainment and maintenance of any state or national ambient air quality standard. 

* * * * *

~~

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

no general requirement for one. Where a source wishes to obtain 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 IN IDAHO 

203.PERMIT REQUIREMENTS FOR NEW AND MODIFIED STATIONARY 

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 the following: 

01. Emission Standards. ... 

02. NAAQS. The stationary source or modification would not cause or significantly 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 stationary source, new major facility, 

or major modification, which cannot meet the requirements of Subsections 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 have regulatory authority to require 

such an analysis if it deems necessary. 

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

demonstrates that the source or stack can be expected 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 control strategies contained in the Montana state 

implementation plan, and that it will not cause or contribute to a violation of any Montana or 
EC/R DRAFT 

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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 source upon the attainment or maintenance of 

NAAQS standards are requested in the permit application, 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 “vicinity of a source or a combination of sources are 

determined by use of an air pollution dispersion model 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 violate the “Standards of Performance for New 

Stationary Sources,” interfere with attainment or maintenance of a NAAQS, the permit may be 

denied at the discretion of the Director until changes are made. 

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

Nevada EC/R NOTE: This does not give information about AQIA requirements. 

Section 445B.391 of the Nevada Administrative Code (on Air Pollution) contains standards of 

quality for ambient air in a table format. Contained in this table are Nevada’s standards and the 

National standards broken down by average time, concentration, 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 is 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 deterioration increment. The state then reviews the 

submitted model to ensure that the modeling was performed 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 amount greater than one-to-one such that a net air 

quality benefit will occur. 
EC/R DRAFT 

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21 

State Air Quality Impact Analysis

North 

Dakota 

Air quality impact analysis is required by policy for any minor 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 required 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 Air Quality Modeling 

Analyses” (North Dakota state department of health and consolidated laboratories, division of 

environmental engineering). 

Where an air quality impact model specified in the documents incorporated 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 notice and opportunity for 

public comment under subsection 6. 

• The applicant must provide to the department adequate information to evaluate the 

applicability of the modified or nonguideline model. Such information must include, 

but is not limited to, methods like those outlined in the “Interim Procedures for 

Evaluating Air Quality Models (Revised)” (United States environmental protection 

agency, office of air quality planning and standards, Research Triangle 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 protection agency must be 

obtained for any modification or substitution prior to the 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 applicable emissions increases or 

reductions of that source, will not cause or contribute to any 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 application 

for a proposed new source or modification must contain an analysis on the impairment of 

visibility in the vicinity of the source. 

EC/R NOTE: The following is not related to AQIA requirements. 

Subchapter 37 discusses control measures for VOC sources, and states “No person shall build, 

sell, or install or permit the building or installation of any new stationary tank, reservoir or 

other container of more than 40,000 gallons (150,000 liters) capacity which will 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 sufficient at all times to prevent organic 

vapor or gas loss to the atmosphere or is designed, and will be built and equipped with [list of 

vapor loss control devices.]” 
EC/R DRAFT 

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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, modified, or renewed Standard 

ACDP must submit an application in accordance with OAR 340-216-0040 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 sources only) impact of the source or 

modification, including meteorological and topographical data, specific 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 information as applicable: 

(A) A detailed description of the air pollution control equipment and emission reductions 

processes which are planned for the source or modification, and any other information 

necessary to determine that BACT or LAER technology, whichever is applicable, would be 

applied; 

(B) An analysis of the air quality and visibility (federal major sources only) impact of the 

source or modification, including meteorological and topographical data, specific details of 

models used, and other information necessary to estimate air quality impacts; and 

(C) An analysis of the air quality and visibility (federal major 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 or modification would affect. 

* * * 

340-216-0020 

TABLE 1 

Part C 

The following sources must obtain a Standard ACDP under the 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 rate, 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 that 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 source. There are also Basic and 

Simple ACDPs for some types of smaller sources, which do not include the air quality 
EC/R DRAFT 

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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 whether 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 changes, which involve emissions 

increases that are significant (per EPA definition), but could involve a source with a PTE 

<100 tpy. 

4. 340-225 is Air Quality Analysis Requirements. This regulation 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. Presumably, then, the AQIA 

required for Standard ACDPs is not specified in the regulations. 

5. Not clear whether the caveat about "federal major sources only" refers only to the visibility 

analysis or to the air quality analysis as well. We would interpret it as only applying to the 

visibility analysis.] 

South 

Dakota 

Submission of preconstruction monitored or projected ambient 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 required 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 permit 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 modifications 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), which are guidelines derived from 

toxicological data (such as threshold limit values). Depending on the results, the state may 

request that applicants reduce emissions from the affected facility. 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 permits 

(PSD or nonattainment) and the analysis is done using normal federal procedures.

Utah [Bottom Line: Minor NSR rules require AQIAs for some minor NSR sources.] 

R307-401. Permits: New and Modified Sources 

[This rule applies to all new and modified “installations” (defined at R307-101-2 as a discrete 

process with identifiable emissions, which may be part of a larger 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 (PM10 offsets in 

NAAs).] 

R307-410. Permits: Emissions Impact Analysis 

This rule establishes the procedures and requirements for evaluating the emissions impact of 

new or modified sources that require an approval order under R307-401 to ensure that the 

source will not interfere with the attainment or maintenance of any NAAQS. The rule also 

establishes the procedures and requirements for evaluating the emissions impact of 

hazardous air pollutants. The rule also establishes the procedures for establishing an 
EC/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 requirements of R307 shall be 

based on appropriate air quality models, data bases, and other requirements 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 substitution of another model. In 

meeting the requirements of federal law, any modification or substitution will be made only 

with the written approval of the Administrator, EPA. 

R307-410-4. Modeling of Criteria Pollutant Impacts in Attainment 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 equal 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 modeling, as identified in R307- 410-3, 

to estimate the impact of the new or modified source on air quality 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 Standard, 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 major NSR (with the addition of 

a lower value for fugitive PM10), the impact analysis requirements apply to any new source 

that exceeds these levels – there is no major source threshold applied. 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 the proposed construction, 

reconstruction, replacement or modification on ambient air quality and a preliminary 

determination on the approvability of the construction permit application, within 30 days for a 

minor source construction permit after the receipt of the plans, specifications and other 

information 
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State Air Quality Impact Analysis

Wyoming No information. 
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State Monitoring/Recordkeeping/Reporting

Alaska [Bottom Line: Minor NSR permits are to include terms requiring 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 proposed stationary source or 

modification will meet the requirements of AS 46.14 and this 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 by the department and at 

locations and intervals, and by procedures specified by the department; 

(C) providing source test reports, monitoring data, emissions data, and information from 

analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions; 

* * * * * 

(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 proposed 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 prohibition on injurious or unreasonable 

air pollution], or to impose a limit under 18 AAC 50.201[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 department; 

 (C) providing source test reports, monitoring data, emissions data, and information from 

analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions 

* * * * * 

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 demonstrating compliance with applicable 

permit program requirements. Monitoring requirements must be reasonable and based on test 

methods, analytical procedures, and statistical conventions approved 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 department, 

(1) the department may not require an owner and operator of a source to monitor emissions or 

ambient air quality solely for the purpose of scientific investigation or research; and 

(2) monitoring activities must be consistent with the applicable emission standards and other 

permit or permit application requirements. 

ArizonaMaricopa 

County 

[Bottom Line: The County agency may require minor NSR permits 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 construction and operating permits. Major 

sources are subject to Title V permits and minor sources are subject to "Non-Title V permits."] 

REGULATION II – PERMITS AND FEES 
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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, sample, or perform other studies to 

quantify emission of regulated air pollutants or levels of air 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 adopted 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 circumstances such as 

emission factors, modeling, mass balance analysis, or emission projections. The Control 

Officer may require such monitoring, sampling, or other quantification by permit or order if the 

Control Officer determines in writing that all of the following conditions are met: 

a. The actual or potential emissions of air pollution may adversely 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 technically feasible for the subject 

contaminant and the source. 

d. The monitoring, sampling, or quantification method is reasonably accurate. 

e. The cost of the method is reasonable in light of the use to be 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 the 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 noninstrumental monitoring (which may consist 

of recordkeeping designed to serve as monitoring). The monitoring requirements shall ensure 

use of terms, test methods, units, averaging periods, and other statistical conventions consistent 

with the applicable requirement and as otherwise required under Section 304 of this rule. 

Recordkeeping provisions may be sufficient to meet the requirements of this rule. 

302.6 All emissions monitoring and analysis procedures or test methods required under the 

applicable requirements, including any procedures and methods promulgated under Section 

114(a)(3) of the Act and including any monitoring and analysis procedures or test methods 

required under Section 304 of this rule. 
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State Monitoring/Recordkeeping/Reporting

302.7 All recordkeeping requirements, including recordkeeping requirements 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 years from the date of the monitoring 

sample, measurement, report, or application. Support information includes all calibration and 

maintenance records, all strip-chart recordings for continuous monitoring 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 reporting requirements shall require 

prompt reporting of deviations from permit requirements, including those deviations 

attributable to upset conditions, as defined in the permit. Reports of deviations shall include the 

probable cause of the deviations and any corrective actions or preventative 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 rules. 

* * * * *

CaliforniaFeather 

River 

AQMD 

[Bottom Line: Appears that the ACMD has authority to require 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: sample emissions; establish and 

maintain records; and make periodic emission reports. All of these actions shall be 

accomplished in a manner approved by the Air Pollution Control Officer. 

RULE 9.2 - RECORDS AND REPORTS

Air Pollution monitoring records and such fuel composition 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 must be included in the permit, 

including as relates to MRR. There appears to be leeway to require any type of permit terms 

and conditions, as long as they can be related to the source meeting 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 will 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 requirements for permit content, 

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

CHAPTER 62-4-PERMITS 

PART I GENERAL 

62-4.070 Standards for Issuing or Denying Permits; Issuance; Denial. 

* * * * * 

(3) The Department may issue any permit with specific conditions necessary to provide 

reasonable assurance that Department rules can be met. 

* * * * * 
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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 issued to insure that the provisions 

of this rule are not violated. 

Idaho [Bottom Line: The minor NSR rules allow the State to require 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 IN 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 source 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 effect 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 reasonably 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 any 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 it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance 

with the conditions of the permit. 

o The permit may be reopened and amended or revoked for cause. The filing of a 

request by the permittee for a permit amendment, revocation and reissuance, or 

termination, or of a notification of planned changes or anticipated 

noncompliancedoes not stay any permit condition, except as specifically 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 time, any 

information that the agency may request in writing to determine whether cause 

exists for reopening and amending or revoking the permit or to determine 

compliance with the permit. Upon request, the permittee shall also 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 from 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 specifically provided in 

the permit shield provision. 

o The agency's issuance of a permit does not prevent the future adoption by the 

agency of pollution control rules, standards, or orders more stringent than those 

now in existence and does not prevent the enforcement of these rules, standards, or 
EC/R DRAFT 

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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 statutes. 

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 conditions of the 

permit. 

o The permittee may not knowingly make a false or misleading statement, 

representation, or certification in a record, report, plan, or other 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 information and 

reports that are relevant to pollution or the activities authorized under this permit. 

o If the permittee discovers, through any means, including notification by the 

agency, that noncompliance with a condition of the permit has occurred, the 

permittee must immediately take all reasonable steps to minimize the 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 described 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, testing, 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 technology, 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 other reasonable conditions upon a 

permit, including a schedule of construction, a condition requiring timely revision of permit 

terms or conditions in order to meet new requirements under SIP revisions, and conditions 

relating to source testing, if necessary. 

North 

Dakota 

Reasonable conditions can be imposed on a permit to construct, including 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 operation 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, processing 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 permit 
EC/R DRAFT 

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State Monitoring/Recordkeeping/Reporting

or other appropriate enforcement action. Enforcement actions are consistent with procedures 

approved by the USEPA, and may use “any credible evidence” to establish rule violation. 

Oklahoma

Oregon 340-216-0025 

Types of Permits 

[Simple Air Contaminant Discharge Permits (ACDPs) and Standard ACDPs both contain 

"Testing, monitoring, recordkeeping, and reporting requirements sufficient to determine 

compliance with the PSEL and other emission limits and standards, as necessary." The rules do 

not contain any further specification of what exactly is required or how it is determined. 

Simple and Standard ACDPs each function as construction and operating permits for minor 

sources. Standard ACDPs can also function as a construction and operating permit for major 

sources.] 

South 

Dakota 

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

holder shall contact the TNRCC Office of Air Quality prior to 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 regional representatives of 

the commission. The permit holder is also responsible for providing sampling facilities 

and conducting the sampling operations or contracting with an independent sampling 

consultant. 

• Equivalency of methods. It shall be the responsibility of the permit holder to 

demonstrate or otherwise justify the equivalency of emission control methods, 

sampling or other emission testing methods, and monitoring methods proposed as 

alternatives to methods indicated in the conditions of the permit. Alternative methods 

shall be applied for in writing and must be reviewed and approved 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 file 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 normally operate unattended, 

this information shall be maintained at the nearest staffed location within Texas 

specified by the permit holder in the permit application. This information shall include, 

but is not limited to, production records and operating hours. Additional recordkeeping 

requirements may be specified in special conditions attached to the permit. 

Information in the file shall be retained for at least 2 years following 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, R307-170-3 refers to "any source 

required by an approval order issued under R307-401 to operate a CMS to satisfy the 

requirements of R307-150 [which is Emission Inventory reporting 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 are found in Section 21. Permit 

requirements for construction, modification, and operation, and include any reasonable 

conditions upon an approval to construct, modify, or operate including, but not limited to, 

conditions requiring the source to be provided with: 

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

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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 emissions from such 

source. 
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State Exemptions

Alaska [Bottom Line: The rules do not specify exemptions, but seem 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 is 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 40 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 permit; 

(2) before operation if the stationary source needs a Title V permit; however, the need for a 

Title V permit does not exempt a stationary source from the requirement 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 per PSD]. 

(b) Except as provided in (a) or (d) of this section, the owner 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 this 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 authorized 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 capacity of 10 million Btu or 

more per hour in a sulfur dioxide special protection area established 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 greater 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] 
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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 within 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 within 10 kilometers of a 

nonattainment area. 

[Note: These are based on baseline actual emissions and projected actual emissions, 

with the major NSR provisions adapted to minor sources.] 

* * * * * 

(g) An increase in emissions under (c)(3) of this section does not require a permit under that 

paragraph if a plantwide applicability limitation (PAL) is established for the stationary source 

under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

ArizonaMaricopa 

County 

[County uses a "unified" permit system, which combines construction and operating permits. 

For new minor sources, they issue a new "Non-Title V permit" which authorizes construction 

and operation. For a modification at a minor source, they revise 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 listed types of changes require 

recordkeeping in a log or advance notice to the County. For example, 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 greater 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 controls ten tons per year or more of a 

hazardous air pollutant or 25 tons per year or more of any combination 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 in Section 112(b) of the Act. 

[Reverse exemption by providing a threshold above which a source must be permitted.] 

b. A source that is within a category designated by the Director pursuant to Rule 372 (Maricopa 

County Hazardous Air Pollutants (HAPs) Program) of these rules and that emits or has the 

potential to emit with controls at least one ton, but less than 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 source must be 

permitted.]

303.3 A person to commence construction of, to operate, or to modify any of the following: 

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

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State Exemptions

limitation, or other requirement under Section 111 of the Act. 

b. Any source other than a major source, including an area source, subject to a standard or other 

requirement pursuant to Section 112 of the Act. However, a source is not required to obtain a 

permit solely because it is subject to regulation or requirements 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 requirements 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 300,000 BTU per hour with 

respect to fuel burning equipment fired with natural gas or liquefied petroleum gas. 

(b) Any oil fueled heating equipment with a maximum rated input capacity or an 

aggregated input capacity of less than 500,000 BTU (527,200 kilojoules) 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 storage of liquefied 

gases. 

(3) Surface Coating and Printing Equipment: 

(a) The aggregate of all surface coating operations of a source in which 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 cans, where VOC 

emissions do not exceed three pounds on any single day. 

(d) Any printing operation which employs a combination of printing presses with a 

maximum of 500 square inches (3226 cm2) of impression area and a maximum of two units 

per printing press. For the purposes of this rule, "units" 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) or less and an internal 

volume of 350 liters (92.5 gallons) or less, having an organic solvent loss of three gallons 

per day or less, or 

 (b) Using only organic solvents with an initial boiling point of 302°F (150°C) or greater 

and having an organic solvent loss of three gallons per day or 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 continuous rating of 50 

horsepower or less or a maximum accumulative rating of 250 horsepower or less for 

engines used in the same process at one source. 

(b) Internal combustion engines used solely as a source of unlimited 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 operation each of all internal 

combustion engines do not exceed 4,000 pounds of nitrogen oxides or carbon monoxide per 
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State Exemptions

year as evidenced by an installed hour meter or written usage records 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 company. 

(c) Engines used to propel motorized vehicles. 

(d) Gas turbines with a maximum heat input at ISO Standard Day Conditions of less than 

3,000,000 BTU (3,162,000 kilojoules) per hour fired exclusively 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 or 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 edible 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 applied. 

(b) Self-contained, enclosed blast and shot peen equipment where the total internal volume 

of the blast section is 50 cubic feet or less and where any venting is done via pollution 

control equipment. 

(c) Those laboratory acids which have both a pH above 1.5 and an aggregate daily emission 

to ambient air of vapor/mists from all such acids not exceeding 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 turning 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 or production lines 

not otherwise identified in this section has total uncontrolled emissions of less than three 

pounds (1.4 kg) VOC or PM10 during any day and less than 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 Rule 372 (Maricopa 

County Hazardous Air Pollutants (HAPs) Program) of these rules. 

(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 major 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 Performance 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 ] 
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State Exemptions

308.3 Agricultural equipment used in normal farm operations. Agricultural 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 physical change or change in the 

method of operation without revising the source's permit, unless 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 shall require a permit 

revision: 

a. A change that triggers a new applicable requirement or violates an existing applicable 

requirement; 

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

c. A change that will require a case-by-case determination of an emissions 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 monitoring, 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, recordkeeping, or reporting 

requirements already in the permit; 

e. A change that will authorize the burning of used oil, used oil 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 under Rule 210-Title V Permit 

Provisions of these rules; 

g. Replacement of an item of air pollution control equipment listed 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 Section 304 of this rule; 

i. Increasing operating hours or rates of production above the permitted level; and 

j. Making a change that relaxes monitoring, recordkeeping, or reporting 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 satisfies 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 of operation at a Non-Title V 

source requiring a permit revision under Section 403 of this rule or a change subject to 

logging or notice requirements in Section 404.2 of this rule or Section 404.3 of this rule, a 

change at a Non-Title V source shall not be subject to revision, 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 following changes may be made if the 
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State Exemptions

source keeps on-site records of the changes according to Section 500 of this rule: 

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

b. Changing process equipment, operating procedures, or making any other physical change if 

the permit requires the change to be logged; 

c. Engaging in any new exempted activity listed in Rule 200-Permit 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 Officer 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 emissions 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 creditable 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 following changes may be made if the 

source provides written notice to the Control Officer in advance 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 verification 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 any conventional air pollutant but 

does not require a permit revision: 7 days; 

c. Replacing an item of air pollution control equipment listed in 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 that already exists in the 

permit: 30 days, unless otherwise required by the applicable requirement; 

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 the 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 commencement of construction; and 

f. Making a change that will result in the emissions of a new regulated air pollutant above an 

applicable regulatory threshold, but that does not trigger a new 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 applicable major source threshold for that 

pollutant. 

404.4 For each change under Section 404.3 of this rule, the written notice shall be by certified 

mail or hand delivery and shall be received by the Control Officer 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 rule, the Control Officer may 
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State Exemptions

require a permit to be revised for any change that, when considered together with any other 

changes submitted by the same source under this section of this rule over the term of the 

permit, constitutes a change under Section 403.2 of this rule. 

404.7 If a source change is described under both Section 404.2 of this rule and Section 404.3 of 

this rule, the source shall comply with Section 404.3 of this rule. 

404.8 If a source change is described under both Section 404.3 of this rule and Section 403.1 of 

this rule, the source shall comply with Section 403.1 of this 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 under Section 405.2 of this rule and 

complying with Section 406.1 of this rule. 

CaliforniaFeather 

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 California, 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 structure, 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 systems 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 conjunction with air pollution control 

equipment; 

3) Water-cooling towers and water-cooling ponds not used for evaporative cooling or 

process water, or not used for evaporative cooling of water from barometric jets or from 

barometric condensers; 

4) Equipment used exclusively for steam cleaning; 

5) Presses used exclusively for extruding metals, minerals, plastics or wood; 

6) Residential incinerators when used for burning of paper or leaves. 

e. Space heaters. 

f. Equipment used in eating establishments for the purpose of preparing food for human 

consumption. 

g. Self-propelled mobile construction equipment other than pavement 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. This exemption does not apply to 

agricultural sources of air pollution as defined in California Health & Safety Code 39011.5 

that are: 

1) Major sources or Major Modifications, as defined in Rule 10.1, New Source Review, or 

2) Majors Sources of HAPs (Hazardous Air Pollutants) as defined in Rule 10.7, Toxics New 

Source Review, or 

3) Large confined animal facilities as defined in California Health 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 emissions: 

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. 
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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 operating permits in accordance with 

Part C [Title V] of this regulation may construct or modify such source without obtaining a 

construction permit prior to construction or modification, provided the construction or 

modification qualifies for a minor permit modification or for 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 approval and that are set forth in 

Sections III.D.1.a. through III.D.1.g. of this Part B remain 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 Title V or under the operational 

flexibility provisions of the Title V rules. Also, such 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. through II.D.4. shall apply if a source 

is subject to Part A of Regulation Number 6 (New Source Performance 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 the applicability of Title V (Part C 

of this Regulation Number 3), Prevention of Significant Deterioration (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 Pollutant Emission Notices in Section 

II.D. of Part A, of this regulation. [Listed following 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 resins 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 less 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, and 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, other 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, except for stations located in the 

Denver 1-hour ozone attainment/maintenance area. 

II.D.1.g. Surface mining activities that mine seventy thousand 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 exemption. 

II.D.1.h. Composting piles, however, all odor requirements of Regulation Number 2 must be 

met. 
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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 refineries, 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 commission and having 

uncontrolled emissions of any pollutant of less than five tons 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 day averaged on an annual basis. 

Condensate truck loading equipment at exploration and production 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 crude oil production sites where 

the loading rate does not exceed 10,000 gallons per day averaged over any thirty-day period. 

II.D.1.m. Oil production wastewater (produced water tanks), containing less than one percent 

by volume crude oil on an annual average, except for commercial facilities 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 criteria pollutant for which the area is 

nonattainment; with total facility uncontrolled actual emissions (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 emissions, only those individual 

(or grouped) emission points requiring Air Pollutant Emission 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 (potential 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 emissions, only those individual 

(or grouped) emission points requiring Air Pollutant Emission 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 sulfide, 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 tons per year. 

II.D.5. When a facility that was previously exempt from permit requirements exceeds one of 

the permit de minimis levels stated in Sections II.D.2. through II.D.4., above, due to the 

addition of new emission points, the Division will issue either a facility-wide permit for all 

non-grandfathered emission units above Air Pollutant Emission Notice de minimis levels, or 

individual emission permits for those emission units. 
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State Exemptions

II.D.6. All incinerators require a permit as stated in Regulation Number1, Section III.B.1. 

II.D.7. Oil and gas exploration and production operations that 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 construction permit until they are required to 

file an Air Pollutant Emission Notice, as set forth in Section II.D.1.lll. The application shall 

include a list of all applicable requirements, and how the requirements will be met until a 

construction permit is issued. 

II.D.8. Any person may request the Division to add source 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 forth 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 Requirements 

II.D.1. Notwithstanding the exemptions contained in Section II.D.1., Air Pollutant Emission 

Notices must be filed for all emission units specifically identified in the applicability section of 

any subpart of Part A of Regulation Number 6 (New Source Performance 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 operations 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 Source Review, opacity 

limitations, odor limitations, particulate matter limitations 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 the 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 Review (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 actual emissions of any 

criteria pollutant of less than two tons per year, and each individual emission point with 

uncontrolled actual emissions of lead less than one hundred pounds per year, regardless of 

where the source is located. 

II.D.1.b. Individual emission points of non criteria reportable pollutants having uncontrolled 

actual emissions less than the de minimis levels as determined following the procedures set 

forth in Appendix A. 

II.D.1.c. Air conditioning or ventilating systems not designed 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 food service establishments, except 

for char broilers and wood fired equipment (but not including campfires) in PM10 

nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service 
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State Exemptions

establishment, either gas fired or using charcoal or other fuel, 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, cultivating, harvesting, seasonal crop drying, 

grain handling operations that are below New Source Performance Standards de minimis levels 

(including milling and grain elevator operations), and animal feeding operations that are not 

housed commercial swine feeding facilities as defined in Regulation 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 storage capacity thresholds of a federal 

New Source Performance Standard (Regulation Number 6, Part A); or (3) participates in the 

early reduction program of the Federal Act, Section 112. Ancillary operations such as fueling 

stations located at farms or ranches are not exempt from Air Pollutant Emission Notice and 

permit requirements unless otherwise below the de minimis emission 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 residence, and including home heating 

devices. 

II.D.1.i. Laboratories and research & development facilities: 

II.D.1.i.(i) Noncommercial (in house) experimental and analytical laboratory equipment that is 

bench scale in nature including quality control/quality assurance laboratories, process support 

laboratories, environmental laboratories supporting a manufacturing or industrial facility, and 

research and development laboratories. 

II.D.1.i.(ii) Research and development activities that are of a small 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 projects less than six months in 

duration with controlled actual emissions less than five hundred 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 development, 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 drilling 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-five 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 hazards 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 Number 9). 

II.D.1.r. Brazing, soldering, or welding operations, except those that use lead based 

compounds. All welding that occurs strictly for maintenance purposes 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 operations, and is not part of the 

production process. 

II.D.1.w. The process of demolition and re bricking of furnaces and kilns. This does not include 
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State Exemptions

subsequent operation of such furnaces or kilns. 

II.D.1.x. Road and lot paving operations at commercial and industrial 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 production 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 herbicides. 

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 industrial, 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 closed 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 transfer of chemicals from, to, or 

between such containers. 

II.D.1.nn. Architectural painting, roof coating material and associated surface preparation 

(except for sandblasting and except for volatile organic compound emissions, associated with 

surface preparation, above Air Pollutant Emission Notice de minimis levels) for maintenance 

purposes at industrial or commercial facilities. 

II.D.1.oo. Emissions that are not criteria (as defined in Section 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 utilize emission control equipment for 

control of odorous emissions. This exemption applies to the 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, and restrooms. 

II.D.1.uu. Exemption Repealed 

II.D.1.vv. Electrically operated curing ovens, drying ovens and 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 cleaning. 

II.D.1.xx. Blast cleaning equipment using a suspension of abrasive 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 thousand gallons of lubricating oils or used 

lubricating oils. 
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State Exemptions

II.D.1.bbb. Venting of compressed natural gas, butane or propane gas cylinders, with a capacity 

of one gallon or less. 

II.D.1.ccc. Fuel storage and dispensing equipment in ozone attainment areas operated solely for 

company owned vehicles where the daily fuel throughput is no more than four hundred gallons 

per day that is calculated as an annual average. Sources in an ozone attainment/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 exemption. 

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 criteria: 

II.D.1.fff.(i) Annual throughput is less than four hundred thousand gallons; and 

II.D.1.fff.(ii) The liquid stored is one of the following: 

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 pressure equal to or lower than that of diesel 

fuel (Reid Vapor Pressure of 0.025 pounds per square inch absolute). 

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 thermal 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-commercial machining shops. 

II.D.1.jjj. Recreational swimming pools. 

II.D.1.kkk. Forklifts. 

II.D.1.lll. Oil and gas exploration and production operations (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 owner or operator shall file an Air 

Pollutant Emission Notice with the Division within thirty days after the well completion or 

recompletion report and log is filed with the appropriate state or federal agency. If production 

will not occur, or production will not result in reportable emissions, the owner or operator shall 

submit written notice to the Division indicating that the well was plugged, or that emissions are 

otherwise not reportable. If production will result in reportable emissions, the owner or operator 

shall file an Air Pollutant Emission Notice with the Division 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 glass 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 source 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, Section 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 recycled and the blasted material is 
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State Exemptions

collected, including small sandblast glove booths. 

II.D.1.sss. Stationary Internal Combustion Engines that meet the following specifications: 

II.D.1.sss.(i) Less than or equal to 175 horsepower that operate 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 or 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 water tanks) containing equal 

to or more than one percent by volume crude oil on an annual average, 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 turbine 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 thousand five hundred gallons 

capacity. 

II.D.1.aaaa.(ii) Sodium hydroxide storage tanks. 

II.D.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping operations that 

contain no organic solvents for coating objects with oils, waxes, greases, or natural or synthetic 

resins. 

II.D.1.cccc. Wet screening operations notwithstanding the applicability 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 notice 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 waste, wood waste, and clean lumber, or 

any mixture thereof generated as a result of projects to reduce the risk of wildfire and are not 

located at a commercial or industrial facility. Air curtain incinerators 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 for all incinerators. 

II.D.3. Air Pollutant Emission Notices are required for emergency and backup generators that 

are ancillary to the main units at electric utility facilities however, 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 particular source category or activity 

for exemption from Air Pollutant Emission Notice or permit 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 indicating 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 below the Air Pollutant Emission Notice 
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State Exemptions

or permit emission de minimis levels set forth in this Regulation 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 necessary. 

II.D.4.b.(iv) Exemptions shall not be granted for any source or activity that is subject to any 

federal applicable requirement. The Division shall determine on a case-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 requests to the Division may be taken 

by a source until the Commission has duly adopted the exemptions as revisions to this 

Regulation Number 3 and the U.S. EPA has approved the exemption 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 any facility, emissions unit or 

pollutant-emitting activity that satisfies the applicable criteria of paragraph 62-210.300(3)(a) or 

(b), F.A.C., or has been exempted from permitting pursuant 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 preclude such facility, emissions unit or 

activity from being considered for exemption pursuant to Rule 62-4.040, F.A.C. 

Notwithstanding the above, no emissions unit or activity shall be exempt from the 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 it would be subject to any unit-specific 

applicable requirement, including a PAL. Furthermore, no new, reconstructed, or modified 

emissions unit or activity shall be exempt from the requirement to obtain an air construction 

permit if its emissions would contribute to a major modification or to any modification that 

would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C. An 

emissions unit or pollutant-emitting activity exempt from 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 its emissions, in combination with the 

emissions of other emission units and activities at the facility, 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 air 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 incorporated 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 emissions shall be considered in 

determining the applicability of permitting requirements to other emissions units at the facility 

or to the facility as a whole. 

(a) Categorical and Conditional Exemptions. Except as otherwise provided at subsection 62-

210.300(3), F.A.C., above, the following facilities, emissions units, and pollutant-emitting 

activities shall be exempt from any requirement to obtain an air construction permit or nonTitle V air operation permit, or to use an air general permit pursuant 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 conditions 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 used for transportation of 

passengers or freight. 

3. Incinerators in one or two family dwellings or in multi-family dwellings containing four or 
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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 equipment 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 five square feet or less and other 

equipment used exclusively on wood or plastics or their products having a density of 20 pounds 

per cubic foot or more. 

9. Equipment used exclusively for space heating, other than boilers. 

10. Noncommercial smoke houses used exclusively for smoking food products. 

11. Bakery ovens located at any retail bakery facility which derives 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 on 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 physical analyses. 

13. Brazing, soldering or welding equipment. 

14. Laundry dryers, extractors, or tumblers for fabrics cleaned 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 boilers with a heat input of 250 

million Btu per hour or more. 

22. Phosphogypsum cooling ponds and inactive phosphogypsum 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, provided that such operations 

shall not use any solvent containing any hazardous air pollutant. 

25. Petroleum dry cleaning facilities, provided the solvent consumption 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 curtain 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 ignite prescribed fires), untreated wood, 

virgin oil, natural gas or liquefied petroleum gas shall be used 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 deployed 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 clearing debris generated at the site 

or at any other site under control of the same person (or persons under common control). For 

purposes of this provision, a site is any and all locations 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 within 
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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 consecutive twelve (12) months, and, except 

as provided at sub-subparagraph c., any use of an air curtain incinerator at a site to burn 

material other than land clearing debris generated at the site or any other site under control of 

the same person (or persons under common control), shall require 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 twelve (12) months at any location for 

the destruction of animal carcasses in accordance with the provisions 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 burned to maintain good 

combustion. 

d. If the air curtain incinerator employs an earthen trench, the pit 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 provide enough residence 

time and mixing for proper combustion and control of emissions. 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 the air curtain incinerator to higher than 1/3 

the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. 

g. Visible emissions from the air curtain incinerator shall not 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 emissions limitations shall not be 

considered unit-specific applicable requirements. 

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

flames are visible within the incinerator. 

i. The air curtain incinerator shall be located at least 50 feet away 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-lined 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, charging shall begin no earlier than 8:00 

a.m. Central time or 9:00 a.m. Eastern time and must end no later than one hour after sunset. 

After charging ceases, air flow shall be maintained until all material within the air curtain 

incinerator has been reduced to coals, and flames are no longer visible. A log shall be 

maintained onsite that documents daily beginning and ending times of charging. 

k. Prior to any period of operation of the air curtain incinerator, the owner or operator shall 

contact the Division of Forestry regarding the planned burning activity. 

l. If the owner of the air curtain incinerator, by lease or other 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, provided: 

a. The surface coating operation shall use only coatings containing 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 the process or for cleanup; and 

b. Such operations are not subject to any unit-specific applicable requirement. 

28. Volume reduction processes as defined in Rule 62-296.417, F.A.C., provided the owner or 
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State Exemptions

operator shall manage only spent mercury-containing lamps removed 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 temporarily or permanently 

removed from service from the owner or operator’s own facilities or installations. 

30. Bulk gasoline plants, provided: 

a. The facility receives and distributes only petroleum-based lubricants, gasoline, diesel fuel, 

mineral spirits and kerosene; 

b. The total storage capacity for gasoline at the facility does not exceed 100,000 gallons; 

c. The facility shall not exceed a throughput rate (receive and distribute) 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 mineral processing plant subject to 

40 CFR Part 60, Subpart OOO, adopted and incorporated by reference 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 than six (6) months in any 

consecutive twelve (12) months. For purposes of this provision, a site is any and all locations 

on one or more contiguous or adjacent properties which are under the control of the same 

person (or persons under common control). 

32. Brownfield site remediation, as described at Rule 62-785.700, F.A.C., provided that the 

total volatile organic compounds in the air emissions from all onsite remediation equipment 

shall not exceed 13.7 pounds per day. 

33. Fossil fuel steam generators, hot water generators, and other external combustion heating 

units with heat input capacity equal to or less than 10 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 Program, or any unit-specific 

applicable requirement. 

b. The rated heat input capacity of the unit is equal to or less than 10 million Btu per hour and, 

collectively, the total rated heat input capacity of all units claiming 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 than natural gas or propane, except that 

fuel oil with a sulfur content not exceeding 1.0 percent by weight may be burned during periods 

of natural gas curtailment. 

34. Fossil fuel steam generators, hot water generators, and other 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 Program, 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 claiming 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 amount of a single fuel, as given in 

sub-subparagraph e., or equivalent maximum annual amounts of multiple fuels, as addressed in 

sub-subparagraph f. 

d. 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 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 million gallons of propane, one 
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State Exemptions

million gallons of fuel oil with a sulfur content 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. 

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 the total annual amount of such fuel 

allowed to be burned by the unit pursuant to sub-subparagraph 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 annual 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 content 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 total 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 this exemption at the same facility 

pursuant to sub-subparagraph g. The sum of the fuel percentages 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 single facility provided: 

a. The unit is not subject to the Acid Rain Program, CAIR Program, 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 annual amount of fuel burned by all units 

claiming this exemption at the same facility shall not exceed 2,700 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 total amount of the fuel 

burned by all units claiming this exemption at the same facility to the total amount of such fuel 

allowed to be burned by all units claiming this exemption at the same facility pursuant to subsubparagraph d. The sum of the fuel percentages for all fuels burned 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 reciprocating internal combustion 

devices, provided the following conditions are met with respect to each such unit. 

a. The unit is not subject to the Acid Rain Program, CAIR Program, 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 
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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 annual amount of fuel burned by all units 

claiming this exemption at the same facility shall not exceed 2,700 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 total amount of the fuel 

burned by all units claiming this exemption at the same facility to the total amount of such fuel 

allowed to be burned by all units claiming this exemption at the same facility pursuant to subsubparagraph d. The sum of the fuel percentages for all fuels burned 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 requirement; 

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 and use less than 20,000 pounds, 

combined, of inks, cleaning solvents, fountain solution concentrate and fountain solution 

additives in any consecutive twelve (12) months; 

(II) Operate only non-heatset offset lithographic printing lines and use less than 2,850 gallons, 

combined of cleaning solvents, fountain solution concentrate and 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 flexographic or rotogravure printing 

lines and use less than 80,000 pounds, combined, of water-based inks, coatings, and adhesives 

in any consecutive twelve (12) months; or 

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less 

than 20,000 pounds, combined, of inks, dilution solvents, 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 pollutant-emitting activity that is not 

entitled to a categorical or conditional 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 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 expressed as lead; 

(II) 1,000 pounds per year or more of any hazardous air pollutant; 

(III) 2,500 pounds per year or more of total hazardous air pollutants; or 

(IV) 5.0 tons per year or more of any other regulated pollutant. 

c. Its emissions, in combination with the emissions of other units and activities at the facility, 

would not cause the facility to emit or have the potential to emit any pollutant in such amount 
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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 proposed 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 conditional 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 units and activities within the facility, 

including any proposed new emissions units and activities, individually meet the exemption 

criteria of paragraph 62-210.300(3)(a), F.A.C., or subparagraph 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 within 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 pollutant; 

(III) 2.5 tons per year or more of total hazardous air pollutants; 

(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 pollutant. 

c. The facility would neither emit nor have the potential to emit any pollutant in such amount as 

to make the facility a Title V source, nor would the facility be 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 pollution. 

(b) Any existing or proposed installation which the Department 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 its location, use and operation, 

as to contribute significantly to the pollution problems within the State, so that the regulation 

thereof is not reasonably justified. Such a determination is agency 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 installation 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 contains water-borne 

radioactive material in concentrations above the natural radioactive background concentration 

in the receiving water. 

Idaho 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 
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State Exemptions

220.GENERAL EXEMPTION CRITERIA FOR PERMIT TO CONSTRUCT 

EXEMPTIONS. 

01. General Exemption Criteria. Sections 220 through 223 may be used by owners or 

operators to exempt certain sources from the requirement to obtain 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 through 223, fugitive emissions shall 

not be considered in determining whether a source meets the applicable exemption criteria 

unless required by federal law. No permit to construct is required for a source that satisfies all 

of the following criteria, in addition to the criteria set forth 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 such 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 regulated 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 complies with 

Section 385, the owner or operator of the source, except for those 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 kept 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 issued which covers the operation of 

the source. The owner or operator shall submit the documentation to the Department upon 

request. (4-5-00) 

221.CATEGORY I EXEMPTION. 

No permit to construct is required for a source that satisfies 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 limitations on emissions such as air 

pollution control equipment, restrictions on hours of operation 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 significant at Section 006. (4-5-00) 

02. Radionuclides. The source shall 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) 

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 sources. (4-5-00) 

01. Exempt Source. A source that satisfies the criteria set forth in Section 220 and that is 

specified below: (4-5-00) 

a. Laboratory equipment used exclusively for chemical and physical analyses, research or 

education, including, but not limited to, ventilating and exhaust 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 operation of field 
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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 to six hundred (600) horsepower 

and which are fueled by natural gas, propane gas, liquefied petroleum gas, distillate fuel oils, 

residual fuel oils, and diesel fuel; waste oil, gasoline, or refined gasoline shall not be used. To 

qualify for this exemption, the source must be operated in accordance with the following: (5-1-

94) 

 i. One hundred (100) horsepower or less -- unlimited hours of operation. (5-1-94) 

 ii. One hundred one (101) to two hundred (200) horsepower -- less than four hundred fifty 

(450) hours per month. (5-1-94) 

iii. Two hundred one (201) to four hundred (400) horsepower -- less than two hundred twentyfive (225) hours per month. (5-1-94) 

iv. Four hundred one (401) to six hundred (600) horsepower -- less than one hundred fifty (150) 

hours per month. (5-1-94) 

d. Stationary internal combustion engines used exclusively for emergency purposes which are 

operated less than five hundred (500) hours per year and are fueled by natural gas, propane gas, 

liquefied petroleum gas, distillate fuel oils, residual fuel oils, 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 process 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 emissions, the owner or operator 

may utilize a short term adjustment factor of ten (10) by multiplying 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 that are less than one percent (1%) of 

the applicable radionuclides standard in 40 CFR Part 61, Subpart 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 capacity of less than one million 

(1,000,000) btu's per hour input. (5-1-94) 

e. Mobile internal combustion engines, marine installations and locomotives. (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 following 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 generated by individuals maintaining 

their personal vehicles, or on-specification used oil that is derived 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” refers 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, is 
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State Exemptions

contaminated by physical or chemical impurities. (4-5-00) 

(2) For the purposes of Subsection 222.02.h., “used oil fired space heater” refers to any furnace 

or apparatus and all appurtenances thereto, designed, constructed and used for combusting used 

oil for energy recovery to directly heat an enclosed space. (4-5-00) 

 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 maximum 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 are vented to the ambient air 

through a stack equivalent to the type and design specified by the manufacturer of the heater 

and installed to minimize down wash and maximize dispersion; and (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 the operation of the homemade 

unit, the owner or operator submits documentation to the Department demonstrating, to the 

satisfaction of the Department, that emissions from the homemade 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 temperature of one thousand 

five hundred (1500) degrees Fahrenheit while operating. (4-11-06) 

j. Petroleum environmental remediation source by vapor extraction with an operation life not to 

exceed five (5) years (except for landfills). The short-term adjustment factor in Subsection 

210.15 cannot be used if the remediation is within five hundred (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 to, 40 CFR Part 63, Subpart M. 

(4-11-06) 

223.EXEMPTION CRITERIA AND REPORTING REQUIREMENTS FOR 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 Subsection 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 210) 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 in 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 applicable 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 the following 

criteria: (4-5-00) 

a. The uncontrolled ambient concentration at the point of compliance (refer to Section 210) for 

all toxic air pollutants emitted by the source shall be less than or equal to all applicable 

acceptable ambient concentrations listed in Sections 585 and 586; and (4-5-00) 

b. If the owner or operator installs and operates control equipment that is not otherwise 

required to qualify for an exemption and the controlled emission rate (refer to Section 210) of 

the source for all toxic air pollutants is less than or equal to ten percent (10%) of all applicable 
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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 the 

following criteria: (4-5-00) 

a. The uncontrolled ambient concentration at the point of compliance (refer to Section 210) for 

all toxic air pollutants emitted by the source shall be less than or equal to all applicable 

acceptable ambient concentrations listed in Sections 585 and 586; and (4-5-00) 

b. The controlled emission rate (refer to Section 210) for all toxic air pollutants emitted by the 

source shall be less than or equal to all applicable screening emission 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 to the Department for each Level I, 

II, or III exemption determination. The report shall be labeled “Toxic Air Pollutant Exemption 

Report” and shall state the date construction has or will commence 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 living units and used 

only for residential waste; all other incinerators require a construction permit. 

All sources and source categories that would be required to obtain a permit solely 

because they are “subject to 40 CFR Part 60, Subpart 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 Pollutants 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 the 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 perform insignificant activities and are not 

required to obtain operating permits: 

• Air-conditioning equipment or fuel-burning equipment, 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 per hour, but operating less than 

100 hours per calendar year 

• Motor vehicles and special mobile equipment 

• Residential and commercial housekeeping vacuum systems 

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

• Agricultural land use 

• Storage containers for petroleum liquid or storage facilities for volatile organic 

liquid having a capacity of less than 40,000 gallons 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 human 
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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, individually, 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, individually, 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 obtaining 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 emission limitation 

pursuant to an applicable requirement. 

The operation of the emission unit will not result in emissions of 

regulated air pollutant that adversely impact public health or 

safety. 

o Consider the impacts of the combined emissions of multiple emission 

units to determine whether to exempt a specific emission unit. 

New 

Mexico 

The preconstruction permitting regulations contain one explicit exemption from 

permitting. That exemption is for fugitive dust emissions 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 regulations provide a process for permit 

streamlining that they refer to as a source class exemption 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 contained in 20 NMAC 2.72, Subpart 3. 

The exemption process allows the state to exempt any 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 process is to allow expedited, streamlined 

permit processing for any source class that the state has substantial actual experience 
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State Exemptions

with or knowledge of, and that possess common characteristics of operation, process 

technology, emissions, emission control technology and impact on air quality. For these 

source classes, a standard set of protocols is incorporated 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 with all federal and state air quality 

laws, regulations, standards and emissions limitations will be assured. To date, two source 

classes have been granted source class exemptions that have been incorporated into the 

regulations; they are reciprocating internal combustion (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 sources from the permitting process. This 

regulation is expected to become effective in November, 1997. 

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

Emissions from such activities shall not be included in the calculation of facility-wide 

potential emission rate, Such activities may be commenced 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, and building hoofing operations. 

• Activities for maintenance of equipment or pollution 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 exercises, explosions, weapons testing 

and demolition to the extent that such activities occur greater than five (5) miles 

from the nearest point of public access, and are not subject to a NESHAP. 

• Office activities, such as photocopying. 

• Test drilling for characterization of underground storage tank and waste disposal 

sites. 

• Non-anthropogenic wind blown dust. 

• Residential activities such as use of fireplaces, woodstoves and barbecue cookers. 

Gases used to calibrate plant instrumentation, including 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 units) in direct support of aircraft 

operations, and on or in the immediate vicinity of an airfield. 

• Activities which occur strictly for preventive maintenance of highway bridges, 

displays, and water towers, including grinding, cutting, welding, painting, and 

general repairs. 
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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 any 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 Pollutants 

(NESHAP) in effect at the time. 

Permitting exemptions are allowed for organic materials 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 operations, and storage, loading, 

processing, manufacturing or burning of organic materials used for agricultural purposes 

on farms and ranches. 

Other exemptions are for fugitive dust from agricultural 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 340-210-0200 through 340-210-0250 

apply to 

(a) All stationary sources; and 

(b) All air pollution control equipment used to comply with 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 division 244). 

(2) OAR 340-210-0200 through 340-210-0250 do not apply 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, house 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 applies 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 following listed pollutant emitting 

activities principally supporting the source or the major industrial group. Categorically 

insignificant activities must comply with all applicable requirements. 

(a) Constituents of a chemical mixture present at less than 1% by weight of any chemical or 

compound regulated under divisions 200 through 268 excluding divisions 248 and 262 of this 

chapter, or less than 0.1% by weight of any carcinogen listed in 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; 
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State Exemptions

(b) Evaporative and tail pipe emissions from on-site motor vehicle operation; 

(c) Distillate oil, kerosene, and gasoline fuel burning equipment rated at less than or equal to 

0.4 million Btu/hr; 

(d) Natural gas and propane burning equipment rated at less than 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 remove air contaminants generated by 

or released from associated equipment; 

(p) Refrigeration systems with less than 50 pounds of charge of ozone depleting substances 

regulated under Title VI, including pressure tanks used in refrigeration systems but excluding 

any combustion equipment associated with such systems; 

(q) Bench scale laboratory equipment and laboratory equipment used exclusively for chemical 

and physical analysis, including associated vacuum producing devices 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 deionized 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 equipment outages to maintain a 

plant and its equipment in good operating condition, including but not limited to steam 

cleaning, abrasive use, and woodworking; 

(hh) Electric motors; 

(ii) Storage tanks, reservoirs, transfer and lubricating equipment used for ASTM grade distillate 

or residual fuels, lubricants, and hydraulic fluids; 

(jj) On-site storage tanks not subject to any New Source Performance Standards (NSPS), 

including underground storage tanks (UST), storing gasoline 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; 
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State Exemptions

(nn) Emissions from wastewater discharges to publicly owned treatment works (POTW) 

provided the source is authorized to discharge to the POTW, not 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 growth boundary; 

(ss) Hazardous air pollutant emissions of fugitive dust from paved and unpaved roads except 

for those sources that have processes or activities that contribute 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 of primary equipment or utility 

service due to circumstances beyond the reasonable control of the owner 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 handling 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 and pulp handling equipment, 

excluding thickening equipment and repulpers; 

(eee) Stock cleaning and pressurized pulp washing, excluding open stock washing systems; and 

(fff) White water storage tanks. 

340-200-0030 

Exceptions 

(1) Except as provided in section (2) of this rule, OAR Chapter 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 following 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 shall 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 abatement, prevention or elimination of 

a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion 

of the agency is necessary. 

(f) Fires set pursuant to permit for the purpose of instruction of employees of private industrial 

concerns in methods of fire fighting, or for civil defense instruction. 
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State Exemptions

(2) Section (1) of this rule does not apply to the extent: 

(a) Otherwise provided in ORS 468A.555 to 468A.620, 468A.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 and 468A.300 to 468A.330; or 

(c) Necessary for the Environmental Quality Commission, in the commission’s discretion, to 

implement a recommendation of the Task Force on Dairy Air Quality 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 those 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 capability of not more than 

3,500,000Btus per hour. 

• An air conditioning or ventilating system not designed to remove air pollutants 

from equipment. 

• An emergency electrical generator powered by petroleum products. 

• A facility that has the potential to emit 25 tons or less per year of any criteria 

pollutant, except lead, before the application of control equipment. 

• A device or apparatus fueled by waste oil. 

• An other source constructed for domestic purposes and 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 has determined will not make a significant 

contribution of air contaminants to the atmosphere. The rule governing exemptions can 

be found at 30 TAC 5106. Individual facilities eligible for this exemption 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.TNRCC.state.tx.us. 

To qualify for an exemption, the following general requirements must be met: 

• Total actual emissions authorized under exemption from 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 except 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 major modification, must meet 

the permitting requirements of Chapter 116, Subchapter 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 exempted facilities at an account 

shall not exceed 250 tpy of CO or NO,; or 25 tpy of VOC or SO, or PM,,; or 25 tpy 
EC/R DRAFT 

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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 federal NSPS, HAP, and NSR 

requirements. 

An exemption cannot be claimed by limiting emissions with a control device, if the 

facility’s uncontrolled emission would exceed the emission thresholds discussed 

previously. Also, a facility may not qualify for an exemption, even though that facility 

meets the emission requirements and is listed in Chapter 106. An example is for a VOC 

source attempting to locate in an ozone nonattainment area. 

Utah R307-401-3. Applicability.

* * * * * 

(2) R307-403 [permits in NAAs], R307-405 [PSD] and R307-406 [Visibility] may establish 

additional permitting requirements for new or modified sources. 

(a) Exemptions contained in R307-401 do not affect applicability 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 authorized 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 met. 

(a) its actual emissions are less than 5 tons per year per air contaminant of any of the following 

air contaminants: sulfur dioxide, carbon monoxide, nitrogen oxides, PM10, 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 any 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 through 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 should 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 the requirement to obtain an 

approval order under (1) above shall no longer be exempt if actual emissions in any subsequent 

year exceed the emission thresholds in (1) above. The owner or operator 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 secretary will maintain a registry of 

sources that are claiming an exemption under R307-401-9. The owner 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 include the following minimum 

information: 

(a) identifying information, including company name and address, 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, equipment, anticipated quantities of 

materials used, the type and quantity of fuel employed and nature and quantity of the finished 

product; 

(c) identification of expected emissions; 

(d) estimated annual emission rates; 

(e) any control apparatus used; and 
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65 

State Exemptions

(f) typical operating schedule. 

(4) An exemption under R307-401-9 does not affect the requirements 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 provisions 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 the 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, air heaters and steam generators 

with a rated capacity of less than one million BTU per hour if 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 pollution control equipment that is covered by 

an existing approval order or State Implementation Plan requirement 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 result 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 the process unit or pollution 

control equipment; 

(f) the replaced process equipment or pollution control equipment is permanently removed 

from the stationary source, otherwise permanently disabled, or permanently barred from 

operation; 

(g) the replaced process equipment or pollution control equipment does not trigger New Source 

Performance Standards or National Emissions Standards for Hazardous 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 secretary 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) above, the executive secretary will 

update the source's approval order and notify the owner or operator. 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 equipment is brought back into 

operation, it shall constitute a new emissions unit. 

R307-401-12. Reduction in Air Contaminants.
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66 

State Exemptions

(1) Applicability. The owner or operator of a stationary source 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 air contaminant or cause emissions 

of any new air contaminant, and 

(b) the executive secretary is notified of the change and the reduction of air contaminants is 

made enforceable through an approval order in accordance with (2) below. 

(2) Notification. The owner or operator shall submit a written description of the project to the 

executive secretary no later than 60 days after the changes are made. The 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 crude 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 from the requirement to obtain 

an approval order in R307-401-5 through 8 if the following 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 not 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 requirements. 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 method as required by the 

executive secretary. Records for used oil consumption and test reports are to be kept for all 

periods when fuel-burning equipment is in operation. The records shall be kept on site and 

made available to the executive secretary or the executive secretary's representative 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 venting 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 conditions are met: 

(a) the estimated total air emissions of volatile organic compounds 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 combination of hazardous air pollutants 

is below the levels listed in R307-410-5(1)(d). 

(2) The owner or operator shall submit documentation that the project meets the exemption 

requirements in (1) above to the executive secretary prior to beginning the remediation project. 
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State Exemptions

(3) After beginning the soil remediation project, the owner or operator shall submit emissions 

information to the executive secretary to verify that the emission rates of the volatile organic 

compounds and hazardous air pollutants in (1) above are not exceeded. 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, Test #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 compounds 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-eight days and no more than thirtyone days (i.e., monthly) for the first quarter, quarterly for 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 exempted 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 Projects.

An owner or operator of a soil remediation project is not subject to the notice of intent and 

approval order requirements of R307-401-5 through 8 when soil aeration or land farming is 

used to conduct a soil remediation, if the owner or operator submits the following information 

to the executive secretary prior to beginning the remediation project: 

(1) documentation that the estimated total air emissions of volatile organic compounds, using 

an appropriate sampling method, from the project are less than the de minimis emissions listed 

in R307-401-9(1)(a); 

(2) documentation that the levels of any one hazardous air pollutant 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 material originated. 

R307-401-17. Temporary Relocation.

The owner or operator of a stationary source previously approved under R307-401 may 

temporarily relocate and operate the stationary source at any site for up to 180 working days in 

any calendar year not to exceed 365 consecutive days, starting from the initial relocation date. 

The executive secretary will evaluate the expected emissions impact at the site and compliance 

with applicable Title R307 rules as the bases for determining if approval for temporary 

relocation may be granted. Records of the working days at each site, consecutive days at each 

site, and actual production rate shall be submitted to the executive 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 secretary 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 rule change will define di minimis

levels below which NSR will not be required. The following levels are listed in 

Washington’s regulations:

The following emission rates will be used to identify listed sources that are exempt from 

registration program requirements: 

Pollutant Tons/Year 

Carbon Monoxide: 5.0 

Nitrogen oxides 2.0 

Sulfur dioxide 2.0 
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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 the 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 liquid 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 more than 5.0 million Btu 

per hour. 

- Distillate oil at a heat input rate of not more than 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 wastes, which are not 

pathological wastes, 

• Infectious wastes, municipal wastes or hazardous wastes 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 will 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 true vapor pressure in 

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

tankage capacity of not more than 

• 40,000 gallons. 

• VOC storage tanks with a combined total tankage capacity of not more than 

10,000 gallons of volatile organic compounds. 

• Painting or coating operations, including associated cleaning operations, which 

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

month, which are measured prior to entering any emission control devices, unless 

the emissions of any single hazardous air pollutant equal or exceed 10 tons per 

year or the cumulative emissions of hazardous air pollutants equal or exceed 25 

tons per year. 

• Graphic arts operations, including associated cleaning operations, which emit or 

will emit not 

• more than 1666 pounds of volatile organic compounds per month, which are 

measured prior to entering any emission control devices, unless the emissions of 
EC/R DRAFT 

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69 

State Exemptions

any single hazardous air pollutant equal or exceed 10 tons per year or the 

cumulative emissions of hazardous air pollutants equal or exceed 25 tons per 

year. 

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

that all of the 

• Following requirements are met: 

- A complete application for exemption is made describing the proposed 

testing or research and including an operating schedule 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 welfare or to the 

environment and approves the application for exemption. 

• A laboratory which emits volatile organic compounds, sulfur dioxide, carbon 

monoxide, nitrogen oxides or particulate matter or a combination thereof at a 

rate of less than 5.7 pounds per hour unless the emissions of any single hazardous 

air pollutant equal or exceed 10 tons per year or the cumulative emissions of 

hazardous air pollutants equal or exceed 25 tons per year. Hourly emissions shall 

be determined, based on the quantitative estimate of air contaminants before 

they enter any emission control devices, by dividing the total uncontrolled 

emissions which would have occurred during a calendar month by the total hours 

of operation of the laboratory during that calendar month. A laboratory is in 

operation if laboratory apparatus or equipment is in use. 

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

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

industrial process or cooling water, or water for swimming pools, spas or other 

recreational establishments. 

Extensive List. 

Wyoming For Sulfur Dioxide: fuel burning equipment with a heat input of less than 250 x 10^6 

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

For Nitrogen Oxides: Internal combustion engines with a heat input of less than 200 

million Btu per hour are exempt from the requirements 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 designed to remove air pollutants generated 

by or released from equipment. 

Fuel burning equipment other than a smokehouse generator which has a heat input of 

not more than 25 million Btu per hour and burns only 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. 
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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 under Section 21 or 24 of these 

regulations. 

Gasoline storage tanks at retail establishments. 

Such other minor sources which the Administrator determines to be insignificantin both 

emission rate and ambient air quality impact. 
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71 
ATTACHMENT 2 

SUMMARY OF APPLICABILITY “EMISSION TESTS” FOR SELECTED STATE AND 

LOCAL MINOR NSR PROGRAMS
1 

Summary of Applicability “Emission Tests” for Selected State and Local Minor NSR Prog

State or Local 

Program 

Minor NSR Emission Test 

for Applicability Notes 

Alaska At the owner’s discretion 

either: 1. Potential-to-potential 

2. Actual-to-actual 

This actual-to-actual test uses baseline actual emissions emissions, adapting the current major NSR provisions t

Oklahoma Actual-to-actual Actual emissions defined as “the total amount of any re

actually emitted from a given facility during a particula

calculated as for annual emission inventory purposes. 

Washington – State Department of Ecology (also applies to Yakima Regional Clean Air Agency) 

NSPS test (actual-to-actual based on hourly emission rate) 

After the initial determination of whether a physical or a modification based on the NSPS test, individual emisexempted if their increase in emissions is below specifi2 tpy VOC). This exemption is stated based on the incremissions, but the program’s definition of “actual emisthat used to result in an actual-to-potential test in major 

Washington – Olympic Regional Clean Air Agency 

NSPS test (actual-to-actual based on hourly emission rate) 

There is an exemption for very small sources (e.g., with emissions of < 1 tpy of all criteria pollutants and VOC modification). Such sources need only submit a notice

Washington – Puget Sound Clean Air Agency 

NSPS test (actual-to-actual based on hourly emission rate) 

New Mexico Applicability for 

modifications based on plantwide PTE before or after the modification being greater than cut-offs (10 lb/hr or 25 tpy) 

Modification is defined based on a potential-to-potentiaonly applies if the after-modification PTE of the source cut-offs for one pollutant. 
2 

State or Local 

Program 

Minor NSR Emission Test 

for Applicability Notes 

Oregon Must notify agency prior to a 

modification, defined based on a potential-to-potential test on an hourly basis. For certain modifications, must also receive approval prior to construction, based on annual thresholds that do not seem to specify the basis. 

These rules are unusual in that they involve Plant Site Eof like PALs) and a separate “netting basis” and the NSmodifications hinges on increases above one or both of 

clearly specified whether increases are measured in actu

potential emissions. 

Nevada Unified operating permit/NSR 

program. Minor modifications to 

Class I (Title V) permits can 

be used if emissions do not increase by more than major NSR significant amounts based on an allowable-toallowable test (as well as a number of Title V limitations on minor modifications). Class II and III (minor 

source) permits are revised 

for a modification, which is defined based on the NSPS test (actual-to-actual based on hourly emission rate). 

There do not appear to be any independent, substantive minor NSR. Modifications that are not subject to majominor permit modification in this unified program, but be any control technology, air quality analysis, or any o

other than they meet all applicable requirements. 
3 

State or Local 

Program 

Minor NSR Emission Test 

for Applicability Notes 

Arizona Unified operating permit/NSR 

program. Minor modifications to 

Class I (Title V) permits can 

be used if emissions do not increase by more than major NSR significant amounts based on an allowable-toallowable test (as well as a number of Title V limitations on minor modifications). Minor modifications of 

Class II (minor source) permits. There are many 

types of changes that do not require any permit modifications, some of which require either on-site logging or advance notification. The only situation that requires a minor modification that is directly related to emissions occurs when the change triggers a new applicable requirement and the net increase in emissions is less than significant. This is an actual-to-actual test. 

Arizona does not appear to have any requirements undeprogram other than that the source meet all applicable runder the unified program, the source is required in sompermit revision to reflect changes, but there is no controquality analysis, or other independent minor NSR requi

that process. 
4 

State or Local 

Program 

Minor NSR Emission Test 

for Applicability Notes 

Minnesota Unified operating permit/NSR 

program. Potential-to-potential based on hourly emissions. 

The language of the emission test has a lot in common 

but appears to be a potential-to-potential test neverthele

California-Feather River 

No emission test – the source must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This change calculated for each emissions unit, and the changes are •For EUs increasing emissions, the change is potential

•For EUs decreasing emissions, compare pre-change a

potential 

•For shut down units, the decrease is the pre-shutdown 

•For units with control added, the decrease is pre-chan

control efficiency 

California-Great Basin 

No emission test – the source must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. The emissioincrease uses potential emissions for post-change emissemissions are based on “the specific limiting conditions source's authority to construct and permit to operate, anconditions are specified, on the actual operating conditisource.” Thus this sounds like an allowable-to-potentiapotential, depending on whether there are permitted lim

define allowable emissions. This program also has an “annual emissions profile” me

whether a net emissions increase has occurred. 

California-Imperial No emission test – the source 

must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements apply to the source de

emissions after the modification, not any comparison o

change emissions. 
5 

State or Local 

Program 

Minor NSR Emission Test 

for Applicability Notes 

California-Modoc No emission test – the source 

must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This test see

variable: 

1. In determining the emissions from a proposed new or modifi

estimates shall be based on maximum design capacity, permoperation of the new source or modification, or source test dequipment or estimates based upon a combination of these m

2. In determining emissions from an existing stationary source 

on specific limiting permit conditions or source test data basoperating conditions or a combination of these methods. 

California-San Diego No emission test – the source 

must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This is a potest for modified units. 

California-San Joaquin 

No emission test – the source must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This is a potest for modified units. 

California-South Coast 

No emission test – the source must obtain a Permit to Construct for any change at the source regardless of the effect on emissions 

The specific requirements of the NSR program apply fononattainment pollutants. For determining an increase, to-potential test if the source was permitted prior to the actual-to-potential if not previously permitted. 
6 

State or Local 

Program 

Minor NSR Emission Test 

for Applicability Notes 

California-Lassen No emission test – the source 

must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This is an afor modified units. 

CaliforniaMendocino No emission test – the source must obtain an Authority to 

Modify permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This appear

potential test for modified units, although it is not entire

California-Mojave No emission test – the source 

must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This is an afor modified units. 

California-North Coast No emission test – the source 

must obtain an Authority to Construct permit for any change at the source regardless of the effect on emissions 

Determining which requirements the source must apply depends on how much emissions increase. This is a potest for modified units. 
ATTACHMENT 3 

STATE MINOR NSR RULES 

Information on Treatment of Fugitive Emissions
EC/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 explicit statement of whether fugitive 

emissions are, or are not, included when determining the applicability of minor NSR. This 

could be interpreted as meaning that fugitive emissions 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 piles and haul roads at concrete batching 

plants. 

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

NSR rules. 

Some definitions and other provisions that may pertain 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 authorized by the terms of this Regulation Number 3, 

no person shall commence construction of any stationary source or modification of a stationary 

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

Regulation 3, Part A (General provisions), Definitions 

Stationary Source – Any building, structure, facility, or installation, or any combination thereof 

belonging to the same industrial grouping, that emits or may emit any air pollutant subject to 

regulation under the Federal Act .... 

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

source that does not meet the definition of major modification ... 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 Title V permits (which are handled per Title V 

provisions), etc.] 

Common Provisions Regulation 

Definitions (which apply unless superseded in a more specific rule; these are not superseded in 

Regulation 3) 

Emission – The discharge or release into the atmosphere (ambient 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 explicit statement of whether fugitive 

emissions are, or are not, included when determining the applicability of minor NSR. This 

could be interpreted as meaning that fugitive emissions are included because they are 

“emissions” and are not specifically exempted. In addition, the construction permit applications 

require information regarding fugitive emissions (although the instructions indicate the normal 

major NSR exemptions for determining whether the entire source is a major source). 

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

NSR rules. 

Some definitions and other provisions that may pertain to the minor NSR program follow 

(emphasis added): 

Chapter 62-210 (Stationary Sources - General Requirements), 62-210.300 (Permits Required) 

Unless exempted from permitting ..., the owner or operator 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 construction 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 beginning of construction, reconstruction pursuant 

to 40 CFR 60.15 or 63.2, or modification of the facility or emissions 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. 

Chapter 62-210 (Stationary Sources - General Requirements), 62-210.200 (Definitions) 

(94) “Construction” – 

* * * * * 

(b) For the purposes of Rules 62-212.300 [General Preconstruction 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 operation (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 the 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 opening. 

(205) “Modification” – Any physical change in, change in the method of operation of, or 

addition to a facility which would result in an increase 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 

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3 

CALIFORINA – Feather River AQMD Verified/updated 12/23/09

The FRAQMD rules do not appear to differentiate between 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 defined to specifically include fugitive 

emissions. (Most of the requirements are applied to individual emissions units.) There are no 

provisions for any types of sources to exclude fugitive emissions when determining applicability 

(as in EPA’s major NSR rules). However, there is no “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 replacing 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 reduce or control the issuance of air 

contaminants, shall first obtain written authorization for such construction from the APCO. * * * 

Rule 10.1 (New Source Review) 

B. Applicability 

This Rule shall apply to all new and modified stationary 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 emissions. * * * 

D.15 Fugitive Emissions: Those emissions which can not reasonably pass through a stack, 

chimney, vent or other functionally equivalent opening. 

D.39 Stationary Source: Any building, structure, or facility which emits or may emit any 

affected pollutant directly or as a fugitive emission. 
EC/R DRAFT 

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4 

TEXAS Verified/updated 12/23/09

The Texas rules do not appear to include any explicit statement of whether fugitive emissions 

are, or are not, included when determining the applicability 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 fugitive emissions that is found in EPA’s major 

NSR rules. 

Some definitions and other provisions that may pertain 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 modification 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 physical 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 

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5 

OREGON Verified/updated 12/23/09

The Oregon rules do not appear to include any explicit statement of whether fugitive 

emissions are, or are not, included when determining the applicability 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 do not conform to the treatment of fugitive emissions that 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 NSR 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 sources that we would typically classify as 

subject to minor NSR. 

Some definitions and other provisions that may pertain to the minor NSR program follow 

(emphasis added): 

Division 210 Stationary Source Notification Requirements 

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 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 source that will cause an increase, on an hourly 

basis at full production, in any regulated pollutant 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 discharge permit” (a construction and 

operating permit), which must be approved before construction 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 section, means emissions of any air contaminant 

which escape to the atmosphere from any point or area that is not identifiable as a stack, 

vent, duct, or equivalent opening. 

(b) As used to define a major Oregon Title V Operating 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, structure, facility, or installation at a source that 

emits or may emit any regulated air pollutant. 
EC/R DRAFT 

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6 

UTAH Verified/updated 12/23/09

The Utah rules do not appear to include any explicit statement of whether fugitive emissions 

are, or are not, included when determining the applicability 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 fugitive 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 become a source 

or an indirect source of air pollution, or 

(b) make modifications or relocate an existing installation which will or might reasonably be 

expected to increase the amount or change the effect of, or the character of, air contaminants 

discharged, so that such installation may be expected 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 R307-401-17 [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 following information: * * * 

Rule R307-101. General Requirements. 

R307-101-2. Definitions. 

"Emission" means the act of discharge into the atmosphere of an air contaminant or an effluent 

which contains or may contain an air contaminant; or the effluent so discharged into the 

atmosphere. 

"Installation" means a discrete process with identifiable 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 opening. 
EC/R DRAFT 

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7 

ALASKA Compiled 12/23/09

The Alaska rules provide that the emissions of a new 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 net emissions increase. The definitions 

associated with the actual emissions basis mirror the major NSR definitions prior to the 

Fugitives Rule (which is currently stayed); i.e., explicitly include fugitive emissions to the 

extent quantifiable. The rules do not appear to include any explicit statement of whether 

fugitive emissions are, or are not, included when determining the applicability of minor NSR 

based on potential emissions for new sources or modifications. 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 fugitive 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 explicit statement of whether fugitive 

emissions are, or are not, included when determining the applicability of minor source 

permitting. This could be interpreted as meaning that fugitive emissions are included because 

they are “emissions” and are not specifically exempted. 

Arizona has a unified permitting system that combines construction permits and operating 

permits. This includes Class I permits for major sources (i.e., Title V permits) and Class II 

permits for minor sources with uncontrolled emissions that meet the federal definition of 

“significant.” The definition of “major source” for the program is the same as the Part 70 

definition, one part of which includes the major source 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-major sources. (The rules include separate 

major NSR requirements, but they are incorporated into 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 addition, sources must submit annual emission 

inventories, which must include fugitive emissions.

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

NSR rules.