(a) Except as provided in subsections (d) and
(g) and section
11-60.1-66, no person shall burn
used or waste oil or begin construction, reconstruction, modification,
relocation, or operation of an emission unit or air pollution control equipment
of any noncovered source without first obtaining a noncovered source permit
from the director. The construction, reconstruction, modification, relocation,
or operation shall continue only if the owner or operator of a noncovered
source holds a valid noncovered source permit. An owner or operator of a
grandfathered noncovered source, one constructed, modified, or relocated on or
prior to March 20, 1972, may be required by the director to obtain a noncovered
source permit if the source is found to operate in violation of an applicable
requirement, or is found to have improper or inadequate air pollution
controls.
(b) The noncovered source
permit shall remain valid past the expiration date and the noncovered source
shall not be in violation for failing to have a noncovered source permit, until
the director has issued or denied a renewal of the noncovered source permit
provided:
(1) Prior to permit expiration, a
timely and complete renewal application has been submitted and the owner or
operator acts consistently with the permit previously granted, the application
on which it was based, and all plans, specifications, and other information
submitted as part of the application; and
(2) The owner or operator has submitted to
the director within the specified deadlines all requested additional
information deemed necessary to evaluate or take final action on the renewal
application, as described in section
11-60.1-74(e).
(d) The
following are exempt from the requirements of subsection (a), provided that no
exemption interferes with the imposition of any requirement of subchapter
5 or the determination of whether a
stationary source is subject to any requirement of this chapter. Sources or
activities exempt from the requirements of subsection (a) shall not relieve the
owner or operator from complying with any other applicable requirement,
including provisions of subchapter
2. Any fuel burning equipment
identified shall not include equipment burning off-spec used oil or fuel
classified as hazardous waste. The director shall reserve the right to disallow
any exemption and impose the requirements of subsection (a), if the source or
activity requires additional controls or monitoring to ensure compliance with
the applicable requirements.
(1) Stationary
sources with potential emissions of less than:
(A) 500 pounds per year for each hazardous
air pollutant, except lead;
(B) 300
pounds per year for lead;
(C) five
tons per year of carbon monoxide;
(D) 3,500 tons per year
CO2e for greenhouse gases; and
(E) two tons per year of each regulated air
pollutant not already identified above;
(2) All sources and source categories that
would be required to obtain a permit solely because they are subject to the
'Standards of Performance for New Residential Wood Heaters,"40 CFR Section
60.530 et seq.;
(3) Any storage tank, reservoir, or other
container of capacity equal to or less than forty thousand gallons storing
volatile organic compounds, except those storage tanks, reservoirs, or other
containers subject to any standard or other requirement pursuant to Sections
111 and 112 of the Act;
(4)
Gasoline service stations;
(5)
Other than smoke house generators and gasoline fired industrial equipment, fuel
burning equipment with a heat input capacity less than one million BTU per
hour, or a combination of fuel burning equipment operated simultaneously as a
single unit having a total combined heat input capacity of less than one
million BTU per hour;
(6) Steam
generators, steam superheaters, water boilers, or water heaters, all of which
have a heat input capacity of less than five million BTU per hour, and are
fired exclusively with one of the following:
(A) Natural or synthetic gas;
(B) Liquified petroleum gas; or
(C) A combination of natural, synthetic, or
liquified petroleum gas;
(7) Kilns used for firing ceramic ware heated
exclusively by natural gas, electricity, liquid petroleum gas, or any
combination of these and have a heat input capacity of ten million BTU per hour
or less;
(8) Standby generators
used exclusively to provide electricity, standby sewage pump drives, and other
emergency equipment used to protect the health and welfare of personnel and the
public, all of which are used only during power outages, emergency equipment
maintenance and testing, and which:
(A) Are
fired exclusively by natural or synthetic gas; or liquified petroleum gas; or
fuel oil No. 1 or No. 2; or diesel fuel oil No. ID or No. 2D; and
(B) Do not trigger a PSD or covered source
review, based on their potential to emit regulated or hazardous air
pollutants;
(9)
Landfills, except for operating municipal waste landfills with a design
capacity equal to or greater than 1,500,000 metric tons;
(10) Paint spray booths, except for paint
spray booths subject to any standard or other requirement pursuant to Section
112(d) of the Act;
(11) Welding
booths;
(12) Diesel fired portable
industrial equipment less than 200 horsepower in size which is used during
power outages or periodically for the equipment's maintenance and
repair;
(13) Gasoline fired
portable industrial equipment less than:
(A)
25 horsepower; or
(B) 200
horsepower in size which is used during power outages or periodically for the
equipment's maintenance and repair;
(14) Hand held equipment used for buffing,
polishing, carving, cutting, drilling, machining, routing, sanding, sawing,
surface grinding, or turning of ceramic art work, precision parts, leather,
metals, plastics, fiber board, masonry, carbon, glass, or wood, provided
reasonable precautions are taken to prevent particulate matter from becoming
airborne. Reasonable precautions include the use of dust collection systems,
dust barriers, or containment systems;
(15) Laboratory equipment used exclusively
for chemical and physical analyses;
(16) Containers, reservoirs, or tanks used
exclusively for dipping operations for coating objects with oils, waxes, or
greases where no organic solvents, diluents, or thinners are used; or dipping
operations for applying coatings of natural or synthetic resins which contain
no organic solvents;
(17) Closed
tumblers used for cleaning or deburring metal products without abrasive
blasting, and pen tumblers with batch capacity of one thousand pounds or
less;
(18) Ocean-going vessels,
except for ocean-going vessels subject to any standard or other requirement for
the control of air pollution from outer continental shelf sources, pursuant to
40 CFR Part 55 ;
(19) Fire water
system pump engines dedicated for fire-fighting and maintaining fire water
system pressure, which are operated only during fire fighting and periodically
for engine maintenance, and fired exclusively by natural or synthetic gas; or
liquified petroleum gas; or fuel oil No. 1 or No. 2; or diesel fuel No. ID or
No. 2D;
(20) Smoke generating
systems used exclusively for training in government or certified fire fighting
training facilities;
(21) Internal
combustion engines propelling mobile sources such as automobiles, trucks,
cranes, forklifts, front-end loaders, graders, trains, helicopters, and
airplanes;
(22) Nonroad engines.
Owners of nonroad engines, except for those exempt engines listed in subsection
(d) of this section, must maintain a Nonroad Engine Location Log to demonstrate
the engine meets subparagraph (1)(C) of the nonroad engine definition of
Subchapter 1. The Nonroad Engine Location Log
shall include:
(A) Owner's Name;
(B) Engine Manufacturer and Model;
(C) Engine Serial Number;
(D) Engine Date of Manufacture; and
(E) For each location to which the engine is
moved, the location of the engine, initial date at the location, and the date
moved off the location;
(23) Diesel fired portable ground support
equipment used exclusively to start aircraft or provide temporary power or
support service to aircraft prior to start-up;
(24) Plant maintenance and upkeep activities
(e.g., grounds-keeping, general repairs, cleaning, painting, welding, plumbing,
re-tarring roofs, installing insulation, and paving parking lots), including
equipment used to conduct these activities, provided these activities are not
conducted as part of a manufacturing process, are not related to the source's
primary business activity, and are not otherwise subject to an applicable
requirement triggering a permit modification;
(25) Fuel burning equipment which is used in
a private dwelling or for space heating, other than internal combustion
engines, boilers, or hot furnaces;
(26) Ovens, stoves, or grills used solely for
the purpose of preparing food for human consumption operated in private
dwellings, restaurants, or stores;
(27) Stacks or vents to prevent escape of
sewer gases through plumbing traps;
(28) Air conditioning or ventilating systems
not designed to remove air pollutants generated by or released from equipment,
and that do not involve the open release or venting of CFC's into the
atmosphere;
(29) Woodworking shops
with a sawdust collection system; and
(30) Other sources as may be approved by the
director.
(g) The director, upon written request and
submittal of adequate support information from the owner or operator of a
noncovered source, may provide written approval of the following activities to
proceed without prior issuance or amendment of a noncovered source permit.
Under no circumstances will these activities be approved if the activity
interferes with the imposition of any applicable requirement or the
determination of whether a stationary source is subject to any applicable
requirement.
(1) Installation and operation of
air pollution control devices. The director may allow the installation and
operation of an air pollution control device prior to issuing a noncovered
source permit or amendment to a noncovered source permit if the owner or
operator of the source can demonstrate that the control device reduces the
amount of emissions previously emitted, does not emit any new air pollutants,
and does not adversely affect the ambient air quality impact assessment. The
owner or operator of the noncovered source shall submit with the written
request, a complete noncovered source permit application to install and operate
the air pollution control device.
(2) Test burns. The director may allow an
owner or operator of a noncovered source to test alternate fuels not allowed by
permit if the following conditions are met:
(A) The test burn period does not exceed one
week, unless the director, upon reasonable justification, approves a longer
period, not to exceed three months;
(B) The purpose of the test burn is to
establish emission rates, to determine if alternate fuels are feasible with the
existing noncovered source facility, or as an investigative measure to research
the operational characteristics of a fuel;
(C) A stack performance test, a pre-approved
monitoring program, or both, if requested by the director, are conducted during
the test burn to record and verify emissions;
(D) The owner or operator of the noncovered
source provides emission estimates of the test burn and if requested by the
director, an ambient air quality impact assessment to demonstrate that no
violation of the NAAQS and state ambient air quality standards will
occur;
(E) The owner or operator of
the noncovered source demonstrates that the use of the alternate fuel is
allowed or not restricted by any applicable requirement, other than the permit
condition(s) restricting the alternate fuel use; and
(F) If a performance test or monitoring is
required, the owner or operator of the noncovered source provides written test
or monitoring results within sixty days of the completion of the test burn or
such other time as approved by the director. The results shall include the
operational parameters of the noncovered source at the time of the test burn,
and any other significant factors that affected the test or monitoring results.
If the director approves the test burn, the director may
set operational limitations or other conditions for the test burn. Deviations
from those limits or conditions shall be considered a violation of this
chapter.
