MEMORANDUM
Date:
October
27,
2005
To:
Raj
Rao,
OAQPS/
AQPD/
NSRG
(
MD­
C504­
03)

From:
Joanne
O'Loughlin,
Stephen
Edgerton,
EC/
R
Incorporated
Subject:
Update
of
State
Minor
New
Source
Review
(
NSR)
Programs
1.0
Purpose
The
U.
S.
Environmental
Protection
Agency
(
EPA)
is
developing
Federal
minor
NSR
and
nonattainment
major
NSR
rules
to
fill
regulatory
gaps
in
Indian
country.
EC/
R
is
supporting
the
EPA
in
their
regulatory
development
effort.
As
part
of
that
effort,
EC/
R
has
done
an
assessment
of
selected
State
Minor
NSR
Program
applicability
thresholds
(
de
minimis
levels).
The
purpose
of
this
memorandum
is
to
present
a
summary
of
this
assessment.

2.0
Methodology
This
assessment
includes
the
review
of
23
State
air
permitting
programs.
The
23
State
air
permitting
programs
selected
are
based
on
a
report
prepared
in
1997
for
the
EPA
on
20
minor
source
preconstruction
air
permitting
programs
(
MRI,
1997).
Three
additional
State
air
permitting
programs
are
included
in
the
assessment
because
their
websites
contained
readilyavailable
information
on
the
State's
minor
source
permitting
program.
Our
approach
was
limited
to
internet
searches
(
e.
g.,
checking
for
information
on
the
State's
regulatory
website(
s))
and
quick
reviews
of
on­
line
regulations
(
where
information
was
not
readily­
available
on
a
State's
website).
Where
we
identified
minor
source
applicability
thresholds
or
exemptions,
we
noted
them.
Section
3
summarizes
the
overall
results
of
our
assessment
and
includes
a
table
indicating
the
States
assessed
and
whether
the
State's
program
includes
minor
source
applicability
emission
thresholds
or
source/
unit
exemptions
(
e.
g.,
gas
stations).
Section
4
presents
a
summary
of
selected
State
program
applicability
emission
thresholds
and
whether
they
are
supplemented
by
source
exemptions.
2
3.0
State
Minor
Source
Emission
Threshold/
Exemption
Summary
Table
The
following
table
presents
the
23
State
air
permitting
programs
that
we
assessed
and
whether
they
contain
minor
source
thresholds/
exemptions.

State
Minor
Source
Thresholdsa
Unit/
Source
Exemptionsb
Alaska
X
X
Arizona
(
Maricopa
County)
X
X
California
(
Feather
River
Air
Quality
Management
District)
X
X
Colorado
X
X
Florida
X
X
Idaho
X
X
Iowa
X
X
Kansas
X
Minnesota
X
Montana
X
X
Nebraska
X
X
Nevada
X
New
Mexico
X
X
 
emissions
exemption
North
Dakota
X
Oklahoma
X
X
Oregon
X
South
Dakota
X
X
Texas
X
Utah
X
X
Virginia
X
X
Washington
X
X
Wisconsin
X
X
Wyoming
X
a
Minor
source
thresholds
­
thresholds,
below
which
a
minor
source
would
be
exempt.
bUnit/
source
exemptions
 
specified
unit/
source
categories
that
are
exempt
from
having
to
obtain
a
permit.

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

Many
State
air
permitting
programs
have
developed
minor
source
permitting
programs
that
attempt
to
reduce
the
burden
of
permitting
for
minor
sources
while
ensuring
that
air
quality
is
not
adversely
impacted
(
e.
g.,
through
the
use
of
pre­
approved
General
Permits,
tiered
3
permitting
requirements
based
on
the
quantity
of
emissions
from
a
source,
exempting
small
sources
from
permitting,
requiring
only
registration
of
minor
sources
or
a
subset
of
minor
sources).

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

4.0
Minor
NSR
State
Program
Applicability
The
following
paragraphs
present
a
brief
summary
of
the
applicability
of
minor
NSR
for
23
State
air
permitting
programs.

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

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

Additionally,
the
new
list
includes
new
stationary
sources
with
allowable
emissions
greater
than:
 
15
tons
per
year
(
tpy)
particulate
matter
less
than
10
micrometers
(
mm)
in
diameter
(
PM10);
 
40
tpy
nitrogen
oxide
(
NOx);
 
40
tpy
sulfur
dioxide
(
SO2);
 
0.6
tpy
lead
(
Pb);
and
 
100
tpy
carbon
monoxide
(
CO)
within
10
kilometers
(
km)
of
a
nonattainment
area.

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

 
10
tpy
PM10;
 
10
tpy
NOx;
 
10
tpy
SO2;
and
 
100
tpy
CO
within
10
km
of
a
nonattainment
area.
4
The
permit
content
regulations
for
minor
permits
for
air
quality
protection
are
designed
to
allow
the
department
the
flexibility
to
include
conditions
in
their
permit
application
only
when
they
are
necessary.
The
conditions
could
include
testing,
monitoring,
record
keeping,
or
reporting.
To
satisfy
the
requirement
for
a
minor
permit
classified
under
18
AAAC
50.502,
the
owner
or
operator
would
have
a
choice
of
source
specific
permits,
general
permits,
or
permits
by
rule.
Although
technology
review
is
routinely
conducted
as
part
of
the
permit
application
process,
the
State
regulations
do
not
specify
a
specific
technology
review
process.

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

Source:
http://
www.
state.
ak.
us/
local/
akpages/
ENV.
CONSERV
Arizona
Maricopa
County:

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

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

Source:
http://
www.
maricopa.
gov/
aq/
divisions/
engineering/
nontitlev.
aspx
5
California
The
California
NSR
program
is
derived
from
the
California
CAA
NSR
requirements
arising
from
the
California
CAA,
and
are
codified
in
the
California
Health
and
Safety
Code
at
Division
26.
Specific
to
NSR,
each
District
is
to
include
in
its
attainment
plan,
a
stationary
source
control
program
designed
to
achieve
no
net
increase
in
emissions
of
non­
attainment
pollutants
or
their
precursors
for
all
new
or
modified
sources
that
exceed
particular
emission
thresholds.
In
addition,
most
new
and
modified
stationary
sources
are
required
to
use
BACT.
In
California,
BACT
is
synonymous
with
the
federal
term
LAER
for
non­
attainment
area
permit
requirements.

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

Some
of
the
County
Air
Pollution
Control
Districts
(
also
referred
to
as
Districts)
have
specified
exemption
(
limits
for
units/
source
categories),
while
others
do
not
have
specified
exemptions
from
minor
source
permitting
(
e.
g.,
Amador
County).
It
is
often
at
the
discretion
of
the
permitting
authority
to
exempt
a
unit
(
e.
g.,
if
it
has
a
PTE
less
than
1
tpy)
from
permitting.
Some
Districts
require
a
permit
by
limit
and
do
not
require
BACT,
while
others
require
BACT
(
e.
g.,
Antelope
Valley
requires
BACT
for
minor
sources
that
have
a
PTE
of
25
lbs/
day
of
a
criteria
pollutant;
Bay
Area
requires
BACT
for
sources
with
potential
emission
of
10
lbs/
day
of
any
criteria
pollutant)
and/
or
permit
limits
in
lieu
of
BACT
(
e.
g.,
Antelope
Valley
may
require
that
a
source
that
emits
less
than
25
lbs/
day
of
all
criteria
pollutants
to
receive
limits
based
on
the
permitting
official's
discretion;
Bay
Area
requires
sources
that
do
not
trigger
BACT
to
meet
limits
for
SO2,
NOx,
CO,
and
opacity).
Some
Districts
require
that
sources
that
do
not
trigger
BACT
(
because
of
a
specified
emission
level)
meet
reasonably
available
control
technology
(
RACT)
(
e.
g.,
Calaveras
County
requires
BACT
for
sources
with
a
PTE
of
15
lbs
per
hour
(
lbs/
hr)
or
150
lbs/
day
of
any
criteria
pollutant,
and
RACT
for
sources
that
do
not
trigger
BACT.
In
some
Districts,
BACT
is
case­
by­
case
(
e.
g.,
Northern
Sierra,
North
Coast
Unified).

Feather
River
Air
Quality
Management
District:

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

Sources:
http://
www.
arb.
ca.
gov/
nsr/
nsr.
htm
http://
www.
arb.
ca.
gov/
drdb/
fr/
cur.
htm
6
Colorado
All
sources
of
air
emissions
in
Colorado
are
required
to
obtain
a
construction
permit
unless
they
are
specifically
exempted
by
the
provisions
of
Regulation
No.
3.
The
Construction
Permit
Unit
issues
construction
permits
to
commercial
and
industrial
air
pollution
sources
in
Colorado
in
order
to
ensure
compliance
with
air
quality
regulations.
The
permitting
process
and
requirements
involve
a
two­
phased
approach.
The
first
phase
requires
the
source
to
report
air
emissions
through
the
submission
of
an
Air
Pollutant
Emission
Notice
(
APEN).
In
general,
an
APEN
is
required
for
an
emission
point
with
uncontrolled
actual
emission
of
any
criteria
pollutant
equal
to
or
greater
than
2
tpy
in
attainment
areas,
1
tpy
in
nonattainment
areas,
and
100
lbs/
year
of
Pb
in
both
attainment
and
non­
attainment
areas.
For
sources
with
air
emissions
exceeding
permitting
thresholds,
the
second
phase
involves
the
issuing
of
an
air
permit.

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

In
general,
a
construction
permit
is
required
for
a
facility
with
uncontrolled
actual
emissions
of
any
criteria
pollutant
equal
to
or
greater
than
the
following
in
non­
attainment
areas:
 
2
tpy
of
VOC;
 
1
tpy
of
PM10;
 
5
tpy
of
total
suspended
particles;
 
5
tpy
of
CO;
 
5
tpy
of
SO2;
 
5
tpy
of
NOx;
 
200
lbs/
year
of
Pb;
and
 
2
tpy
of
other
criteria
pollutants.*

For
attainment
areas,
these
levels
are:
 
5
tpy
of
VOC;
 
5
tpy
of
PM10;
 
10
tpy
of
total
suspended
particles;
 
10
tpy
of
CO;
 
10
tpy
of
SO2;
 
10
tpy
of
NOx;
 
200
lbs/
year
of
Pb;
and
 
2
tpy
of
other
criteria
pollutants.*

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

Exempt
sources
categories
are
specified
in
Regulation
3,
Part
B
(
II.
D.)
(
e.
g.,
specified
internal
combustion
engines,
specified
gasoline
stations
located
in
ozone
attainment
areas).
None
of
the
exemptions
listed
in
Sections
II.
D.
1.
through
II.
D.
4
shall
apply
if
a
source
is
subject
7
to
Part
A
of
Regulation
6
(
new
source
performance
standards
(
NSPS))
and/
or
Regulation
No.
8
(
HAPs),
Parts
A,
C,
D,
and
E.
Permit
exemptions
taken
under
this
section
do
not
affect
the
applicability
of
the
regulations
to
the
source.
Section
II.
D.
8
states
that
"
any
person
may
request
the
division
to
add
source
categories
to
the
permit
exemption
list,
in
accordance
with"
specified
procedures.

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

Generic
Emissions
Unit
Exemptions:

Unit
must
not
emit
or
have
the
potential
to
emit
­
 
500
lbs/
yr
of
Pb
and
Pb
compounds
expressed
as
Pb;
 
1,000
lbs/
yr
of
any
HAP;
 
2,500
lbs/
yr
or
more
of
total
HAP;
or
 
5
tpy
or
more
of
any
other
regulated
pollutant.

Generic
Facility
Exemptions:

The
facility
would
neither
emit
or
have
the
potential
to
emit
­
 
1,000
lbs/
yr
of
Pb
and
Pb
compounds
expressed
as
Pb;
 
1
tpy
of
any
HAP;
 
2.5
tpy
or
more
of
total
HAP;
 
25
tpy
or
more
of
CO,
NOx,
and
SO2;
or
 
10
tpy
or
more
of
any
other
regulated
pollutant.

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

Source:
http://
www.
dep.
state.
fl.
us/
air/
permitting/
nontv_
gp.
htm
8
Idaho
Idaho's
Department
of
Environmental
Quality
Air
Quality
Division
requires
that
an
air
quality
permit
to
construct
prior
to
construction
or
modification
of
a
stationary
source
such
as
building,
structures,
and
other
instillations
that
emit,
or
may
emit
pollution
to
the
air.
A
permit
to
construct
is
also
required
for
certain
portable
equipments
such
as
generators.
A
major
source
is
a
facility
that
has
the
PTE
10
tpy
or
more
of
any
HAP
or
25
tpy
of
any
combination
of
HAP,
with
exceptions;
a
facility
that
directly
emits
or
has
the
PTE
100
tpy
of
any
pollutant;
a
facility
located
in
a
"
serious"
PM10
nonattainment
area
that
has
a
PTE
of
70
tpy
or
more
of
PM10;
a
facility
in
a
"
serious"
CO
nonattainment
area
that
has
a
PTE
of
50
tpy
or
more
of
CO;
a
facility
located
in
an
ozone
transport
region
that
has
a
PTE
of
50
tpy
or
more
of
VOC
or
NOx
in
excess
of
specified
amounts
in
marginal,
serious,
severe,
and
extreme
nonattainment
areas.
Minor
sources
are
sources
that
are
not
major
sources.
Commencing
construction
of
a
major
facility
or
major
modification
prior
to
obtaining
a
Permit
to
Construct
is
a
violation.
Minor
sources,
on
the
other
hand,
may
be
able
to
obtain
a
15­
day
pre­
permit
construction
approval.

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

Source:
http://
www.
deq.
idaho.
gov/
air/
permits_
forms.
cfm
Iowa
Iowa's
Department
of
Natural
Resources
(
DNR)
requires
that
all
stationary
air
pollutant
emitting
equipment
constructed
or
modified
after
September
23,
1970
must
obtain
an
air
construction
permit
prior
to
construction
or
modification.
This
is
true
for
all
stationary
equipment
with
air
pollutant
emissions
that
could
reasonably
be
captured
and
vented
to
the
atmosphere
through
a
stack,
chimney,
vent,
or
other
functionally­
equivalent
opening,
unless
exempted
as
a
"
small
unit."
A
"
small
unit"
is
defined
as
an
emissions
unit
(
and
associated
control
equipment)
that
emits
less
than
the
small
unit
thresholds
(
specified
in
567
IAC
22.1(
2)
w(
1))
on
a
12­
month
rolling
total
basis.
The
emission
thresholds
are:
 
5
tpy
SO2;
 
5
tpy
NOx;
 
5
tpy
VOC;
 
5
tpy
CO;
 
5
tpy
particulate
matter
(
PM);
 
5
tpy
HAP;
 
2.5
tpy
PM10;
and
 
40
lbs
per
year
of
Pb
and
Pb
compounds
expressed
as
Pb.
9
An
emission
unit
is
defined
as
any
activity
or
part
of
an
activity
that
emits
or
has
the
potential
to
emit
any
pollutant
subject
to
regulation
under
the
CAA.

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

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

An
owner
or
operator
must
apply
for
air
construction
permits
for
all
substantial
small
units
for
which
the
cumulative
notice
threshold
for
the
pollutant(
s)
in
question
has
been
reached.
These
cumulative
notice
threshold
levels
are:
 
40
tpy
SO2;
 
40
tpy
NOx;
 
40
tpy
VOC;
 
100
tpy
CO;
 
25
tpy
PM;
 
10
tpy
of
any
HAP;
 
25
tpy
and
combination
of
HAP;
 
15
tpy
PM10;
and
 
0.6
tpy
of
Pb
and
Pb
compounds
expressed
as
Pb.
(
567
IAC
22.1(
2)"
w"(
8))

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

Source:
http://
www.
iowadnr.
com/
air/
prof/
const/
const.
html
Kansas
State
"
Construction
Permits"
are
required
for
the
following:
 
New
sources
with
emission
of
a
regulated
pollutant
above
state
PTE
threshold
(
see
below);
 
Modification
of
existing
source
if
increase
of
regulated
pollutant
emissions
exceed
state
permit
PTE
threshold;
 
Affected
Title
V
sources;
and
 
Incinerators.
10
State
Permit
PTE
Thresholds
 
25
tpy
PM;
 
15
tpy
PM10;
 
40
tpy
SOx;
 
100
tpy
CO;
 
40
tpy
VOC;
 
40
tpy
NOx;
 
0.6
tpy
Pb;
 
10
tpy
HAP;
and
 
25
tpy
combined
HAP.

State
Construction
Approvals
are
required
for
the
following:

 
New
source
with
emission
of
regulated
pollutant
above
state
approval
PTE
threshold
(
see
below);
 
Modification
of
existing
source
if
increase
of
regulated
pollutant
emissions
exceeds
state
approval
PTE
threshold;
 
Most
minor
NSPS,
Part
61
national
emission
standards
for
hazardous
air
pollutants
(
NESHAP)
and
Part
63
NESHAP
sources;
 
Sources
which
apply
and
qualify
for
an
approval
under
K.
A.
R.
28­
19­
302(
c)(
see
below).

State
"
Construction
Approval"
PTE
Thresholds
 
5
lbs/
hr
PM;
 
5
lbs/
hr
PM10
(
agricultural);
 
2
lbs/
hr
PM10
(
other);
 
2
lbs/
hr
SO2
or
sulfur
trioxide
(
SO3);
 
50lbs/
24
hr
period
CO;
 
50
lbs/
24
hr
period
VOC
(
except
in
Wy
or
Jo
counties);
 
15
lbs/
24
hr
period
VOC
or
3
lbs/
hr
VOC
(
Wy
or
Jo
counties);
 
50
lbs/
24
hr
period
NOx;
 
0.1
lbs/
hr
Pb
or
Pb
compounds;
 
50
megagrams/
yr
non­
methane
organic
compounds
(
NMOC)
(
landfills
>
2.5
million
megagrams
or
>
2.5
million
cubic
meters)

K.
A.
R.
28­
19­
302(
c)

a.
Allows
most
sources
with
actual
emissions
below
State
permit
thresholds
to
be
treated
in
the
same
manner
as
a
source
with
potential
emissions
below
those
thresholds.
b.
A
restriction
in
an
approval
will
reduce
the
PTE
for
State
purposes
if
the
reduced
PTE
is
not
for
the
purpose
of
avoiding
PSD
or
a
Class
I
or
II
operating
permit.
11
Sources:
KDHE,
Bureau
of
Air
and
Radiation,
Construction
Permits
and
Approvals:
Informational
Sheet,
K.
A.
R.
28­
19­
300(
a)

http://
www.
kdheks.
gov/
air­
Permit/
forms/
Informational_
Sheet.
pdf
Minnesota
Construction
permits
are
issued
for
the
construction
of
a
new
facility
whose
PTE
is
over
federal
or
state
thresholds,
or
the
modification
of
an
existing
facility.
In
general,
a
facility
that
does
not
already
require
a
total
facility
permit
will
not
need
a
construction
permit
for
a
modification
at
its
facility
unless
the
additional
PTE
of
the
construction
activity
increases
the
PTE
of
the
total
facility
to
the
point
that
the
PTE
of
the
total
facility
crosses
a
permitting
threshold.
State
total
facility
PTE
thresholds
in
tpy
are
as
follows:
 
100
tpy
NOx;
 
50
tpy
SO2;
 
100
tpy
VOC;
 
100
tpy
PM;
 
25
tpy
PM10;
 
100
tpy
CO;
 
0.5
tpy
Pb;
 
10
tpy
of
one
HAP;
and
 
25
tpy
of
more
than
one
HAP.

Sources
that
have
a
PTE
less
than
50
tpy
of
SO2,
25
tpy
of
PM,
0.5
tpy
of
Pb
and
100
tpy
of
other
criteria
pollutants
are
exempt
from
permitting
if
located
at
a
new
site.
No
State
notification
is
required
for
these
units.
Sources
that
choose
to
keep
its
emissions
below
these
limits
will
get
a
registration
permit.
If
a
new
unit
will
be
installed
at
a
facility
that
has
already
triggered
permitting,
the
new
unit
can
still
avoid
a
permit
if
(
federal)
NSR
does
not
apply
and
the
unit's
potential
emissions
are
below
the
following
rates:
 
2.28
lb/
hr
NOx,
SO2,
or
VOC;
 
0.855
lb/
hr
PM10;
 
5.70
lb/
hr
CO;
or
 
0.025
lb/
hr
Pb.

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

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

Minnesota
does
not
specifically
define
a
"
minor
source,"
a
permit
must
be
obtained
for
any
new
or
modified
source
that
has
a
PTE
greater
than
50
tpy
SO2
(
federal
major
source
12
threshold
is
100
tpy),
25
tpy
PM10
(
federal
major
source
threshold
is
100
tpy)
and
0.5
tpy
Pb
(
federal
major
source
threshold
is
10
tpy).

Source:
http://
www.
pca.
state.
mn.
us/
air/
permits/
index.
html
Montana
Montana
regulations
require
construction
permits
for
both
major
and
minor
sources.
Montana's
major
source
thresholds
are
250
tpy
of
any
criteria
pollutant
in
attainment
areas,
and
100
tpy
in
nonattainment
areas.
Minor
sources
are
sources
that
are
not
major
sources.

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

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

Sources:
http://
data.
opi.
state.
mt.
us/
bills/
mca/
75/
2/
75­
2­
211.
htm
Permit
Requirements
for
Major
Stationary
Sources
or
Major
Modifications
Locating
Within
Nonattainment
Areas,
Air
Quality,
Administrative
Rules
of
Montana,
Sub­
Chapter
9.

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

Threshold
limits
for
source
permitting
(
and
de
minimis
exemption
thresholds):
 
15
tpy
PM10,
 
40
tpy
SO2,
NOx,
VOC,
 
50
tpy
CO,
 
0.6
tpy
Pb,
 
2.5
tpy
any
single
HAP,
and
 
10
tpy
any
combination
of
HAP.
(
Chapter
17
of
Title
129)
13
No
notification
is
required
for
sources
that
fall
below
the
de
minimis
thresholds,
but
it
is
recommended.
Emission
records
must
be
kept.

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

Subject
minor
sources
are
required
to
apply
BACT.

Sources:
http://
www.
deq.
state.
ne.
us/
Publica.
nsf/
lddd539d2b73986256870007b30a8/
e85cc52a7
http://
www.
eea­
inc.
com/
rrdb/
DGRegProject/
States/
NE.
html
Nevada
Nevada
has
an
integrated
program
where
both
construction
and
operations
are
covered
under
the
same
permit.
Major
sources
are
non­
exempt
sources
that
have
a
PTE
of
250
tpy
of
any
criteria
pollutant
or
50
tpy
NOx
or
VOC
in
nonattainment
areas,
or
10
tpy
or
more
of
a
HAP
or
25
tpy
or
more
of
a
combination
of
HAP.
Minor
sources
are
sources
that
are
not
major
sources.
Trivial
activities
(
e.
g.,
consumer
use
of
paper
trimmers/
binders,
equipment
used
to
mix
and
packages
soaps)
and
insignificant
activities
(
e.
g.,
crematory
incinerators
processing
less
than
175
tpy,
autoclave
rebricking)
are
provided.
Trivial
activities
are
activities
and
emission
units
that
may
be
presumptively
omitted
from
Class
I
applications.
Insignificant
activities
are
activities
that
are
not
subject
to
permitting
in
accordance
with
NAC
445B.
288.4.
Sources
that
are
not
specifically
exempted
must
obtain
a
minor
source
permit.
Subject
minor
sources
are
subject
to
BACT.

Sources:
http://
ndep.
nv.
gov/
bapc/
qa/
getting.
html
http://
www.
eea­
inc.
com/
rrdb/
DGRegProject/
States/
NV.
html
New
Mexico
New
Mexico
State
regulations
governing
NSR
preconstruction
permitting
can
be
found
at
Title
20
(
Environmental
Protection),
Chapter
2
(
Air
Quality
(
Statewide)),
Part
72
(
Construction
Permits).
Regulations
do
not
specifically
define
"
minor"
sources.
However,
permits
must
be
obtained
for
any
new
or
modified
stationary
source
that
has
a
PTE
greater
than
10
lbs/
hr
or
25
tpy
of
any
regulated
air
contaminant
for
which
there
is
a
National
or
State
ambient
air
quality
standard.

Emissions
from
a
list
of
specified
activities
are
not
required
(
e.
g.,
activities
that
occur
strictly
for
maintenance
of
grounds
or
buildings,
including:
lawn
care,
pest
control,
grinding,
cutting,
welding,
painting,
woodworking,
sweeping,
general
repairs,
janitorial
activities,
and
14
building
rood
operations)
to
be
included
in
the
calculation
of
the
facility­
wide
potential
emission
rate.
(
NMAC
20.2.72.202)

If
a
source
has
a
PTE
less
than
10
tpy
of
each
criteria
pollutant,
the
source
is
exempt
from
permitting.
No
State
notification
is
required.
If
a
source
has
a
PTE
between
10
to
25
tpy
or
10
lb/
hr
of
any
criteria
pollutant,
a
minor
source
permit
is
required.
In
most
cases,
an
air
dispersion
modeling
analysis
demonstrating
compliance
with
applicable
ambient
standards
needs
to
be
submitted
with
the
application.
The
State
ambient
24­
hour
NOx
standard
is
more
stringent
than
Federal
standards,
but
there
is
no
State
BACT.
Controls
may
be
necessary
in
areas
where
there
are
other
NOx­
emitting
sources.

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

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

Sources:
Title
20,
Environmental
Protection,
Chapter
2,
Air
Quality
(
Statewide),
Part
72,
Construction
Permits.
20.2.72
NMAC
http://
www.
eea­
inc.
com/
rrdb/
DGRegProject/
States/
NM.
html
North
Dakota
A
"
minor
source"
is
defined
as
any
designated
air
contaminant
source
identified
under
NDAC
33­
15­
14­
01
which
is
not
required
to
obtain
a
Title
V
permit
to
operate
under
NDAC
33­
15­
14­
06.
The
process
begins
with
obtaining
a
preconstruction
permit.
Some
units
are
exempt
(
e.
g.,
bench
scale
laboratory
equipment
used
exclusively
for
chemical
or
physical
analysis
or
experimentation)
from
permitting
under
NDAC
33­
15­
14­
13.
In
such
cases,
no
State
notification
is
required,
but
is
strongly
recommended.
The
department
may
require
that
the
owner
or
operator
of
any
stationary
source
exempted
under
subsection
13
to
register
the
source.

The
source
must
show
that
there
would
not
be
an
exceedance
of
the
NAAQS
and
PSD
increments,
which
may
require
modeling,
particularly
if
the
source's
PTE
is
over
40
tpy
of
NOx
or
SO2
or
100
tpy
of
CO.

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

Oklahoma
Oklahoma's
air
regulations
are
promulgated
under
the
Oklahoma
CAA.
Oklahoma
requires
a
preconstruction
permit
form
the
Air
Quality
Division
when
there
is
an
addition
of
a
15
new
source,
or
modification
of
an
existing
source
that
results
in
a
net
increase
in
air
contaminant
emissions,
as
deemed
necessary.
A
minor
source
is
any
source
for
which
a
permit
is
required,
but
is
not
a
Part
70
source.
Minor
sources
are
either
Group
I
sources,
or
Group
II
sources.
Group
I
sources
emit
at
least
25
tpy,
but
less
than
100
tpy
of
any
one
pollutant.
Group
II
sources
emit
more
than
1
lb/
hr
but
less
than
25
tpy
of
any
pollutant.

There
are
three
permit
categories:
(
1)
permit
by
rule;
(
2)
general
permit;
and
(
3)
individual
permit.
(
1)
Permit
by
rule.
An
owner
or
operator
of
a
minor
facility
may
apply
for
registration
under
a
permit
by
rule
if
the
following
criteria
are
met:
(
A)
The
facility
has
actual
emissions
less
than
40
tpy
of
each
regulated
air
pollutant,
except
HAPs.
(
B)
The
facility
does
not
emit
or
have
the
PTE
10
tpy
or
more
of
any
single
HAP
or
25
tpy
or
more
of
any
combination
of
HAPs.
(
C)
The
DEQ
has
established
a
permit
by
rule
for
the
industry
in
Part
9
of
this
Subchapter.
(
D)
The
facility
certifies
that
it
will
comply
with
the
applicable
permit
by
rule.
(
E)
The
facility
is
not
operated
in
conjunction
with
another
facility
or
source
that
is
subject
to
air
quality
permitting.
(
2)
General
permit.
Minor
facilities
may
qualify
for
authorization
under
a
general
permit
if
the
following
criteria
are
met:
(
A)
The
facility
has
actual
emissions
less
than
100
tpy
of
each
regulated
air
pollutant,
except
for
HAPs.
(
B)
The
facility
does
not
emit
or
have
the
potential
to
emit
10
tpy
or
more
of
any
single
HAP
or
25
tpy
or
more
of
any
combination
of
HAPs.
(
C)
The
DEQ
has
issued
a
general
permit
for
the
industry.
(
3)
Individual
permit.
Minor
facilities
requiring
permits
which
do
not
qualify
for
a
permit
by
rule
or
a
general
permit
shall
obtain
individual
permits.
An
owner
or
operator
may
apply
for
an
individual
permit
even
if
the
facility
qualifies
for
a
permit
by
rule
or
a
general
permit.

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

Sources:
http://
www.
deq.
state.
ok.
us/
rules/
100.
pdf
Title
252.
Oklahoma
Department
of
Environmental
Quality.
Chapter
100.
Air
Pollution
Control.
Part
3
 
Construction
Permits.
16
Oregon
Air
Contaminant
Discharge
Permits
(
ACDPs)
are
primarily
used
to
regulate
minor
sources
of
air
contaminant
emissions,
but
are
also
required
for
any
new
major
source
or
major
modification
of
a
major
source.

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

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

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

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

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

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

Sources
for
which
General
Permits
have
been
developed
include
asphalt
plants,
rock
crushers,
concrete
plants
and
grain
elevators.
General
permits
can
be
obtained
by
submitting
an
application
and
the
appropriate
notice
of
intent
to
operate.
17
Sources:
http://
www.
eea­
inc.
com/
rrdb/
DGRegProject/
States/
SD.
html
http://
www.
state.
sd.
us/
denr/
DES/
AirQuality/
airprogr.
htm
Texas
Texas
Administrative
Code
(
TAC)
rules
permit
both
minor
and
major
sources
under
the
same
requirements.
Any
construction
or
modification
of
an
existing
facility
which
may
emit
air
contaminants
must
comply
with
the
following:
(
1)
obtain
a
permit,
(
2)
satisfy
the
conditions
for
a
standard
permit,
(
3)
satisfy
the
conditions
for
a
flexible
permit,
or
(
4)
satisfy
the
conditions
for
exempt
facilities.

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

Sources:
http://
www.
tceq.
state.
tx.
us/
permitting/
air/
guidance/
newsourcereview/
demlist06_
1377074.
pdf
Utah
Utah
State
regulations
governing
NSR
permitting
are
located
in
Rule
307­
1­
3,
Control
of
Installations.

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

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

Any
project
that
does
not
meet
exemption
criteria
and
does
not
trigger
Title
V
is
subject
to
minor
source
permitting.
In
the
nonattainment
areas
of
the
state,
offsetting
and
controls
are
likely.
State
BACT
is
required
in
nonattainment
area
for
NOx,
PM,
and
SO2.
If
emissions
from
a
source
are
close
to
the
major
source
threshold
(
250
tpy
of
any
criteria
pollutant
in
attainment
areas,
100
tpy
of
any
criteria
pollutant
in
nonattainment
or
maintenance
areas),
it
may
be
required
to
complete
some
modeling
to
determine
the
impact
on
the
ambient
air.
LAER
may
be
required,
depending
on
the
modeling
results.
18
Sources:
http://
www.
code­
co.
com/
utah/
admin/
2000/
r307413.
htm
http://
www.
eea­
inc.
com/
rrdb/
DGRegProject/
States/
UT.
html
Virginia
Minor
NSR
permits
are
issued
to
facilities
that
are
large
enough
to
emit
pollutants
above
minimum
"
exemption"
levels
but
do
not
qualify
as
"
major"
sources
of
air
pollutants.
The
Virginia
minor
NSR
regulations
require
that
a
facility
submit
an
application
containing
information
about
the
facility
before
DEQ
can
issue
a
permit
to
the
facility.
All
applications
are
available
for
review
by
the
public
at
the
appropriate
regional
office.
Within
Minor
NSR
permitting
there
is
a
subset
of
applications
that
include
facilities
that
could
be
considered
major
stationary
sources
but
have
requested
that
the
permit
limit
the
amount
of
pollutants
they
can
emit
into
the
air
(
referred
to
as
"
synthetic
minors").

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

Permit
exemptions
needs
to
be
documented
in
writing
from
the
appropriate
DEQ
regional
office.
Specified
facilities
(
e.
g.,
vehicle
refinishing
operations,
coating
operations
for
the
exterior
of
fully
assembled
aircraft
or
marine
vessels)
are
exempt
from
construction,
modification,
reconstruction,
or
relocation
provisions.
Virginia
also
specifies
threshold­
based
exemptions.
Stationary
sources
with
a
PTE
at
rates
less
than
all
of
the
emission
rates
specified
below
shall
be
exempt
from
provisions
pertaining
to
construction
or
relocation.
 
100
tpy
of
CO;
 
40
tpy
of
NOx;
 
40
tpy
of
SO2;
 
25
tpy
of
PM;
 
15
tpy
of
PM10;
 
25
tpy
of
VOC;
 
0.6
tpy
of
Pb;
 
3
tpy
of
fluorides;
 
6
tpy
of
sulfuric
acid
mist;
 
9
tpy
of
total
reduced
sulfur;
 
9
tpy
reduced
sulfur
compounds;
 
3.6
x
10­
6
tpy
municipal
waste
combustor
organics;
 
13
tpy
municipal
waste
combustor
metals;
 
35
tpy
municipal
waste
combustor
acid
gases;
and
 
22
tpy
municipal
solid
waste
landfill
emissions
(
measured
as
NMOC).

The
exemption
of
modified
and
reconstructed
sources
shall
be
determined
as
specified
below.
19
Stationary
sources
with
net
emission
increases
less
than
all
of
the
emission
rates
specified
below
shall
be
exempt
from
the
modification
or
reconstruction
provisions:
 
100
tpy
of
CO;
 
10
tpy
of
NOx;
 
10
tpy
of
S02;
 
15
tpy
of
PM;
 
10
tpy
of
PM10;
 
10
tpy
of
VOC;
 
0.6
tpy
of
Pb;
 
3
tpy
of
fluoride;
 
6
tpy
of
sulfuric
acid
mist;
 
9
tpy
of
total
reduced
sulfur;
 
3.5
x
10­
6
tpy
of
municipal
waste
combustor
organics;
 
13
tpy
of
municipal
waste
combustor
metals;
 
35
tpy
municipal
waste
combustor
acid
gases;
and
 
22
tpy
of
municipal
solid
waste
landfill
emissions
(
measured
as
NMOC).

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

Source:
http://
leg1.
state.
va.
us/
cgi­
bin/
legp504.
exe
Washington
Washington
regulations
make
no
distinction
between
major
and
minor
sources
with
regards
to
construction
permits.
An
air
quality
notice
of
construction
(
NOC)
permit
is
required
for
a
new
source,
or
modification
of
an
existing
source
if
it
emits
air
contaminants.
The
notice
must
include
a
detailed
description
of
the
project,
and
include
process
equipment
information,
type
and
amount
of
air
contaminants
that
would
be
emitted,
air
pollution
control
practices,
and
air
pollution
control
equipment.

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

 
PM10:
1.25
tpy
 
NOx,
SO2,
and
VOCs:
2
tpy
 
CO:
5
tpy
 
Pb:
0.005
tpy,
and
 
Ozone
depleting
substances:
1
tpy.
(
WAC
173­
400­
110(
5))

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

A
state
BACT
analysis
for
the
appropriate
pollutant
is
required
for
all
minor
sources
with
a
PTE
more
than
the
de
minimis
levels
listed
above.
However,
sources
may
take
permit
limits
to
avoid
BACT.
20
Sources:
http://
www.
leg.
wa.
gov/
wac/
index.
cfm?
fuseaction=
Section&
Section=
173­
400­
110
http://
www.
ecy.
wa.
gov/
programs/
air/
airhome.
html
http://
www.
eea­
inc.
com/
rrdb/
DGRegProject/
States/
WA.
html
Wisconsin
Wisconsin
defines
a
"
minor
source
as
"
any
facility,
stationary
source
in
an
attainment
area
that
emits
less
than
100
tpy
of
any
criteria
pollutant,
less
than
10
tpy
of
any
individual
federal
HAP,
and
less
than
25
tpy
of
all
federal
HAP
combined.

Sources
that
are
not
exempt
must
obtain
a
minor
permit.

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

In
order
to
be
eligible
for
a
specific
exemption,
the
owner
or
operator
of
the
source
meet
specified
conditions
(
e.
g.,
maintain
records
of
materials
used,
emissions
or
production
rates,
must
meet
maximum
theoretical
emission
thresholds).
Maximum
theoretical
emission
thresholds
include
the
following:
CO,
SO2
<
9
lbs/
hour
each
contaminant
PM,
NOx,
VOC
<
5.7
lbs/
hour
each
contaminant
PM10
<
3.4
lbs/
hour
Pb
<
0.13
lbs/
hour
Sources:
http://
www.
dnr.
state.
wi.
us/
org/
aw/
air/

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

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

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

Wyoming
Air
Quality
Standards
and
Regulations.
Chapter
6
 
Permitting
Requirements
http://
www.
eea­
inc.
com/
rrdb/
DGRegProject/
States/
WY.
html
5.0
Reference
Midwest
Research
Institute
(
MRI),
1997.
Review
of
State
and
Local
Agencies'
New
Source
Preconstruction
Permit
Programs
for
Minor
Sources.
Final
Report.
Prepared
for
the
U.
S.
Environmental
Protection
Agency,
Information
Transfer
and
Program
Integration
Division.
Office
of
Air
Quality
Planning
and
Standards.
Research
Triangle
Park,
NC.
27711
