Air Quality Permit Exemptions!

In Pennsylvania, just like other States, there are thresholds — below which a source, or an equipment, is considered exempt from the requirements to have a permit before installation.

Pennsylvania DEP’s air quality permit exemptions are listed in document number 275-2101-003. Google it! Every facility should have a copy of the permit exemption list as a reference to decide if you need to apply for a permit or can install the equipment without any delay.

Unsure if the source is exempted? DEP has a special form called RfD (Request for Determinations) form. This form can be used to ask DEP to decide whether a plan approval or operating permit is needed for a source or an equipment. It has been my experience that this form is mainly used for documentation purposes.

Having an exempted source is not a relief from environmental compliance. On the contrary, it can lead to inadvertent Clean Air Act violations. Take for example…a diesel fired emergency generator (EGen) at the site. As an exempted source it does not need a plan approval and/or an operating permit…but…it is still a regulated source! And it must meet EPA regulations. Specifically, you must document that the EGen has EPA certified engine and it has a non-settable hour meter, that you are burning diesel fuel with <15ppm sulfur and >40 cetane index; servicing the EGEN annually, and keeping records for five years; and more! Basically, the exempted EGen is required to demonstrate compliance with federal New Source Performance Standards (NSPS) regulations.

Do you know that you can get a 1,000KW EGen installed as an exempted source in Pennsylvania; apply and receive a prompt general permit in New Jersey; but will need months to get an air quality permit in Delaware!

Another important item to remember is that the emissions from exempted sources may count towards the facilities potential-to-emit (PTE) calculations. That means if the PTE is close to 25 tons per year for NOx &/or VOC in the Mid-Atlantic States…these exempted sources can make the facility a major source…if you are not careful.

It is recommended that you clarify the obligations regarding exempted sources with your environmental consultant. You can also call Sam Joshi at (215) 389-2811.