22.2.1 Overview
Air operating permit regulations are in 40 (Code of Federal Regulations) Code of Federal Regulations (CFR) Part 70 and 71. The purpose of an air operating permit is to reduce violations of air pollution laws and improve enforcement of those laws by compiling air permit requirements into one document, requiring air emission tracking and reports, and making the air operating permit federally enforceable.
Potential air operating permit requirements include:
- Periodic inspections of the facility operations, processes and even haul roads
- Records of throughput (e.g., material received, processed and shipped)
- Regular checks of air pollution control equipment (e.g., dust collectors, electrostatic precipitators, flares, oxidizers, scrubbers, etc.) and operations (e.g., haul road dust suppressant application)
- Maintenance of air pollution control equipment and documentation of maintenance
- Periodic inventory of emissions (e.g., annual emissions inventory)
- Certification of compliance with the air permit requirements
- Periodic deviation reports identifying departures from air permit requirements
- Record of changes to the facility
- Continuous emissions monitoring systems (CEMS), stack tests (e.g., measurements of emissions), and periodic visible emissions or opacity observations
22.2.2 Impact on Facilities
22.2.2.1 Air Operating Permit Exemptions
Some facilities may be exempt from the air operating permit requirements depending upon the potential quantity of emissions, the state where the facility resides, and when the facility began operations. If the facility modifies their operations, the exemption may no longer apply.
22.2.2.2 Air Operating Permit Types
Generally, compliance requirements increase (e.g., recordkeeping, testing, inspection, reporting) as facility emissions increase, which typically corresponds to an increase in throughput. The following table identifies some of the potential emissions thresholds and the permit types (e.g., major source and prevention of significant deterioration). Some states have established different air operating permit types to simplify the application and compliance processes. These permit types include, but are not limited to synthetic minor, general permits, standard permits, and permit by rule.
Air Permit Thresholds for Attainment Areas
| Pollutant | Major Source Threshold (tons per year) | Prevention of Significant Deterioration (PSD) Threshold (tons per year) |
| Carbon Monoxide (CO) | 100 | 100*/250 |
| Carbon Dioxide Equivalents (CO2eq) | 100,000 | |
| Hazardous Air Pollutant (HAP) | 10 | |
| Hazardous Air Pollutant Total | 25 | |
| Lead | 5 | 100*/250 |
| Nitrogen Oxides (NOx) | 100 | 100*/250 |
| Particulate Matter with Nominal Aerodynamic Diameter of 10 microns or Less (PM10) | 100 | 100*/250 |
| Particulate Matter with Nominal Aerodynamic Diameter of 2.5 microns or Less (PM2.5) | 100 | 100*/250 |
| Sulfur Oxides (SOx) | 100 | 100*/250 |
| Total Particulate Matter | ||
| Volatile Organic Compounds (VOC) | 100 | 100*/250 |
Generally, you would submit an air permit application for the type of air operating permit with the least restrictive requirements. However, sometimes the project or facility does not qualify for a simpler air operating permit, or the simpler air operating permit may have conditions that restrict operations.
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