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Environmental Quality Board Approves New Permit Exempt Category for Sources Under 40 TPY
The Environmental Quality Board (EQB) recently approved changes to AQD's minor source permits program. The changes raise the amount of emissions a facility may emit without triggering requirements for permits, fees, and reporting thus reduce the regulatory burden on smaller facilities. These changes also allow the Division to more effectively use its limited permitting and compliance resources. The changes to Subchapters 5 and 7 of the air quality rules became effective June 11, 2004.
The changes create a permit exempt facility category, for those with 40 tons per year (TPY) or less actual facility emissions of each regulated air pollutant. These facilities are also exempt from paying annual operating fees, and are not required to submit an annual emissions inventory. The AQD Director is authorized to request a special emissions inventory when emissions data is necessary for program planning or compliance with State or Federal rules, regulations, standards, or requirements.
The changes include emission calculation methods to simplify matters for small oil and gas exploration and production facilities and natural gas compressor facilities. Facilities may assume the facility is permit exempt without calculating emissions if their total maximum rated horsepower equals 240 or less for all reciprocating internal combustion engines in compressor service. There is also provision for facilities to be considered permit exempt based on a low natural gas throughput, rather than calculating emissions from dehydration units and certain other equipment.
Major sources and major stationary sources (for example, those with potential or actual emissions above the thresholds listed in definitions of those terms in Subchapter 8) are not eligible for permit exempt status. In addition, a facility that is subject to an emission standard, equipment standard, or work practice standard required by a NSPS under 40 CFR Part 60, a NESHAP under 40 CFR Part 61, or a NESHAP (MACT Standard) under 40 CFR Part 63 would not be a permit exempt facility. Note that a facility that is subject to only recordkeeping requirements under one of these Federal standards is not excluded from the permit exempt category.
Facilities with potential emissions above the major source levels must either obtain a Part 70 Permit under Subchapter 8 of the air quality rules, or a synthetic minor permit under Subchapter 7. A synthetic minor permit is one with enforceable requirements to keep the facility's permitted emissions below the major source thresholds. For more information see the Potential to Emit fact sheet.
A complete copy of AQD's rules (252 OAC 100), with the changes included, is available on DEQ's website. A copy of the rules changes as proposed to the AQC, along with the accompanying Technical Support Document, is also available elswhere on DEQ's website. The final rules (with changes shown in underline/strikeout form), as passed by the Environmental Quality Board, include some changes to the language of the proposal made during the AQC meeting, prior to passage by the Council. You may obtain a hard copy of the final language by contacting Ms. Pat Sullivan of the AQD at 405-702-4212.
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