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1996-08-23
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@065 CHAP 09
┌─────────────────────────────────────┐
│ AIR QUALITY OPERATING PERMITS: │
└─────────────────────────────────────┘
If your business emits significant amounts of any kind of
air pollutants, chances are you will soon be needing an
Environmental Protection Agency ("EPA") air quality
operating permit, to be obtained from your state in most
cases, under the 1991 Clean Air Act amendments and EPA
regulations that were issued on July 21, 1992. (40 C.F.R.
Section 70, et seq.).
Just WHO will need an air quality operating permit? And
WHEN will it be required?
There are no quick or easy answers to those questions,
although the following discussion will give you some broad
guidelines. In general, your business will have to obtain
an operating permit if your operations are either a "major
source" of air pollution or a "nonexempt minor source"
subject to specified types of air pollution controls.
REMEMBER that it is HIGHLY important for you to know if your
business is required to have such a permit, since there are
extremely severe civil and criminal penalties for violating
the permit rules, including $10,000-per-day fines,
injunctions that can force shutdown of your facilities,
and other civil and criminal sanctions.
MAJOR SOURCES. Businesses that would be considered "major
sources" of air pollution would include those who operate
stationary facilities emitting one or more of the following
types of pollutants:
. carbon monoxide;
. particulate matter (such as coal dust) no larger than
10 micrometers in diameter;
. ozone precursors, including volatile organic compounds
ore nitrogen oxides;
. nitrogen dioxide;
. sulfur dioxide;
. lead;
. or any of nearly 200 other specified "air toxics"
regulated under the Clean Air Act.
A number of tests must be applied together to determine if
you are a "major source." However, the basic test is whether
your facility is a stationary source that either emits, or
has the potential to emit when operating at maximum capacity,
100 tons or more per year for any of the specified air
pollutants. Even tougher tests apply in areas that already
are classified as "nonattainment areas" (which includes most
urban areas), with the emission threshold being lowered to
50, 25, or even as low as 10 tons a year for ozone in
"extreme" areas. Also, certain pollutants have a lower
threshold, such as carbon monoxide, for which you must
obtain an operating permit if you emit at least 50 tons
per year. The more hazardous "air toxics" require a permit
if emitting 10 tons or more a year, or 25 tons of a
combination of such hazardous air pollutants (such as
chlorine, asbestos, etc.).
Pre-construction permits may be needed before construction
of new or expanded facilities that would be emissions
sources.
MINOR SOURCES. While your small business may not operate
on a large enough scale to require a permit as a "major
source" of air pollution, it may still require a permit as
a "nonexempt minor source." For example, an operating
permit may be required under the acid rain control provisions
of the Clean Air Act, or for solid waste incinerators that
are subject to national performance standards.
Or, you may need a permit as a minor source under the air
toxics control requirements, for facilities that are subject
to national standards of performance for stationary sources
(other than solid waste incinerators), or you may need
construction permits for other small pollution sources,
unless a deferral or exemption is provided by the EPA or
your state air pollution control agency.
DEFERRAL OF SOME PERMIT REQUIREMENTS FOR SMALL BUSINESSES.
The EPA, in 1992, allowed the states to grant five-year
exemptions (or "deferrals") of the permitting requirements
(until as late as 1997) for certain small businesses that
would otherwise be required to obtain an operating permit
now. However, such deferrals cannot be granted to:
. major sources of pollution (as described above);
. solid waste incineration units, generally; or to
. fossil-fired electric utility facilities that are
subject to acid rain controls.
(Note that a court challenge, in federal court, is currently
questioning the EPA's power to allow any such deferrals.)
At some time before mid-1997, the EPA has announced that it
will issue regulations that may grant further deferrals or
permanent exemptions for some small sources of pollutants.
┌─────────────────────────────────────┐
│BOTTOM LINE: Air quality permits may│
│soon be required for your business, │
│even if it is a small business, if it│
│operates stationary facilities that │
│emit air pollutants. Depending on │
│the state you are in, and the type │
│and quantity of emissions, these │
│permit requirements could apply right│
│now for you, or at some time in the │
│next few years. │
└─────────────────────────────────────┘