@065 CHAP 09 旼컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� � AIR QUALITY OPERATING PERMITS: � 읕컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� 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. 旼컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� 쿍OTTOM LINE: Air quality permits may� 퀂oon be required for your business,� 쿮ven if it is a small business, if it� 쿽perates stationary facilities that� 쿮mit air pollutants. Depending on� 퀃he state you are in, and the type� 쿪nd quantity of emissions, these per-� 쿺it requirements could be applicable� 퀁ight now for you, or at some time in� 퀃he next five years (after 1992) � 읕컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴�