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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 opera-
- ting 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, al-
- though 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, injunc-
- tions 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" regu-
- lated 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 whe-
- ther your facility is a stationary source that either emits,
- or has the potential to emit when operating at maximum capa-
- city, 100 tons or more per year for any of the specified
- air pollutants. Even tougher tests apply in areas that al-
- ready are classified as "nonattainment areas" (which in-
- cludes 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 chlor-
- ine, 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 per-
- mit 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 sub-
- ject 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 per-│
- │mit requirements could be applicable│
- │right now for you, or at some time in│
- │the next few years. │
- └─────────────────────────────────────┘
-
-