APEN and permitting exemptions

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions

Emissions from, or construction, or alteration of residential structures, including all buildings or other structures used primarily as a place of residence, and including home heating devices.
Regulation 3 Part A II.D.1.h. 
 

Disturbance of surface areas for purposes of land development, that do not exceed 25 contiguous acres and that do not exceed 6 months in duration. (This does not include mining operations or disturbance of contaminated soil).
Regulation 3 Part A II.D.1.j.

Brazing, soldering, or welding operations, except those that use lead based compounds. All welding that occurs strictly for maintenance purposes is exempt.
Regulation 3 Part A II.D.1.r. 

Operations involving acetylene, butane, propane and other flame cutting torches.
Regulation 3 Part A II.D.1.kk. 

Sawing operation(s) that is ancillary to facility operations, and is not part of the production process.
Regulation 3 Part A II.D.1.v. 

Adhesive use that is not related to production.
Regulation 3 Part A II.D.1.y. 

Caulking operations that are not part of a production process.
Regulation 3 Part A II.D.1.aa. 

Plastic pipe welding.
Regulation 3 Part A II.D.1.hh. 

Architectural painting, roof coating material and associated surface preparation (except for sandblasting and VOC emissions, associated with surface preparation, above APEN de minimis levels) for maintenance purposes at industrial or commercial facilities.
Regulation 3 Part A II.D.1.nn.

Non-asbestos demolition.
Regulation 3 Part A II.D.1.qqq.

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions
Electrically operated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens.
Regulation 3 Part A II.D.1.vv. 
 

Electric motors driving equipment at non-commercial machining shops.
Regulation 3 Part A II.D.1.iii. 
 

Seal and lubricating oil systems for steam turbine electric generators.
Regulation 3 Part A II.D.1.yyy. 
 

Battery recharging areas.
Regulation 3 Part A II.D.1.t. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a. 

APEN exemptions
Fuel burning equipment, other than smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate ≤5,000,000 Btus per hour. Regulation 3 Part A II.D.1.k. 
Internal combustion engines powering portable drilling rigs.
Regulation 3 Part A II.D.1.l. 
 

Fuel burning equipment that uses gaseous fuel,that has a design rate ≤10,000,000 Btus per hour, and that is used only for heating buildings for personal comfort.
Regulation 3 Part A II.D.1.ggg. 
 

Non-road engines, except certain non-road engines subject to state-only air pollutant emission notice and permitting requirements.
Regulation 3 Part A II.D.1.dddd. 
 

APENs are required for emergency and backup generators that are ancillary to the main units at electric utility facilities, these units may be included on the same APEN as the main unit. 
Regulation 3 Part A II.D.3. 

Permit exemptions

Stationary Internal Combustion Engines that: 

• Are power portable drilling rigs; or
• Are emergency power generators that operate no more than 250 hours per year; or
• Have uncontrolled actual emissions <5 tons per year or manufacturer’s site-rated horsepower of <50.
  Regulation 3 Part B II.D.1.c.(i-iii)
   

Fuel burning equipment, other than smokehouse generators, that uses gaseous fuel, and that has a design rate ≤10,000,000 Btus per hour.
Regulation 3 Part B II.D.1.e. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions
Safety flares used to indicate danger to the public.
Regulation 3 Part A II.D.1.f. 
 

Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation Number 9).
Regulation 3 Part A II.D.1.q. 
 

Fire training activities.
Regulation 3 Part A II.D.1.z. 
 

Emergency events such as accidental fires.
Regulation 3 Part A II.D.1.ff. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions
Landscaping and site housekeeping devices ≤10 horsepower in size (lawnmowers, trimmers, snow blowers, etc.)
Regulation 3 Part A II.D.1.bb.
 

Fugitive emissions from landscaping activities (e.g., weeding, sweeping).
Regulation 3 Part A II.D.1.cc. 
 

Landscaping use of pesticides, fumigants, and herbicides.
Regulation 3 Part A II.D.1.dd.
 

Grounds keeping activities and products.
Regulation 3 Part A II.D.1.qq. 
 

Equipment used exclusively for portable steam cleaning.
Regulation 3 Part A II.D.1.ww. 
 

Blast cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively.
Regulation 3 Part A II.D.1.xx. 
 

The use of pesticides, fumigants, and herbicides when used in accordance with requirements established under the federal Insecticide, Fungicide and Rodenticide Act.
Regulation 3 Part A II.D.1.ooo.

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions
Air conditioning or ventilating systems not designed to remove air pollutants generated by or released from other processes or equipment.
Regulation 3 Part A II.D.1.c. 

Fireplaces used for recreational purposes, inside or outside.
Regulation 3 Part A II.D.1.d.

Fires and equipment used for noncommercial cooking or cooking commercial food service establishments, except for char broilers and wood fired equipment in PM10 nonattainment areas.
Regulation 3 Part A II.D.1.e.

  
Fuel-burning equipment that uses gaseous fuel, is rated ≤10,000,000 Btus per hour, and that is used only for heating buildings for personal comfort.
Regulation 3 Part A II.D.1.ggg.

Permit exemption
Fires and equipment used for noncommercial cooking and cooking at commercial food service establishments.
Regulation 3 Part B II.D.1.j. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a. 

APEN exemptions
Aerosol can be usedusage.
Regulation 3 Part A II.D.1.u. 
 

Janitorial activities and products.
Regulation 3 Part A II.D.1.pp.
 

Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes.
Regulation 3 Part A II.D.1.ii. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a. 

APEN exemptions
Laboratories and research & development facilities.
Regulation 3 Part A II.D.1.i.(i-iii) 

Permit exemption
Commercial and product quality control laboratory equipment.
Regulation 3 Part B II.D.1.i. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  

APEN exemptions
Fugitive emissions of HAPs that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from underground mines or surface mines unless such source is a major source of HAPs.
Regulation 3 Part A II.D.1.nnn. 

Wet screening operations notwithstanding the applicability of the NSPS included in the Code of Federal Regulations, Title 40, Part 60, Subpart OOO.
Regulation 3 Part A II.D.1.cccc.
 

Disturbance of surface areas for purposes of land development, that do not exceed 25 contiguous acres and that do not exceed 6 months in duration. (This does not include mining operations or disturbance of contaminated soil).
Regulation 3 Part A II.D.1.j.

Permit exemption
Surface mining activities that mine ≤70,000 tons of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exemption.
Regulation 3 Part B II.D.1.g. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions
Recreational swimming pools.
Regulation 3 Part A II.D.1.jjj. 

Forklifts.
Regulation 3 Part A II.D.1.kkk. 

Handling equipment and associated activities for glass that is destined for recycling.
Regulation 3 Part A II.D.1.mmm. 

Ventilation of emissions from mobile sources operating within a tunnel, garage, or building that are not operating for transportation purposes and are subject to stationary source requirements.
Regulation 3 Part A II.D.1.ppp. 

Sandblast equipment when the blast media is recycled and the blasted material is collected, including small sandblast glove booths.
Regulation 3 Part A II.D.1.rrr.

Office emissions, including cleaning, copying, and restrooms.
Regulation 3 Part A II.D.1.tt.

Steam vents and safety release valves.
Regulation 3 Part A II.D.1.www. 

Adhesive use that is not related to production.
Regulation 3 Part A II.D.1.y. 

Permit exemptions
Those sources exempted from the filing of Air Pollutant Emission Notices in Section II.D. of Part A, of this regulation are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a. 
 

Composting piles, however, all odor requirements of Regulation Number 2 must be met. 
Regulation 3 Part B II.D.1.h.6

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions
Unpaved public and private roadways, except for haul roads located within a stationary source site boundary.
Regulation 3 Part A II.D.1.o. 
 

Sanding of streets and roads to abate traffic hazards caused by ice and snow.
Regulation 3 Part A II.D.1.p. 
 

Street and parking lot striping.
Regulation 3 Part A II.D.1.s. 
 

Road and lot paving operations at commercial and industrial facilities.
Regulation 3 Part A II.D.1.x.

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.

APEN exemptions
Agricultural operations such as farming, cultivating, harvesting, seasonal crop drying, grain handling operations that are below NSPS de minimis levels.
 

This exemption does not apply to an agricultural operation that: (1) is a major source; (2) meets or exceeds the storage capacity thresholds of NSPS; or (3) participates in the early reduction program of the Federal Act, Section 112.

Ancillary operations such as fueling stations located at farms or ranches are not exempt from Air Pollutant Emission Notice and permit requirements unless otherwise below de minimis emission levels.
Regulation 3 Part A II.D.1.g. 
 

Smoking rooms and areas.
Regulation 3 Part A II.D.1.gg. 
 

Beauty salons.
Regulation 3 Part A II.D.1.jj. 
 

Pharmacies.
Regulation 3 Part A II.D.1.ll. 
 

Truck and car wash units.
Regulation 3 Part A II.D.1.ss. 
 

Commercial laundries (except dry cleaners) that do not burn liquid or solid fuel.
Regulation 3 Part A II.D.1.yy.

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.  
 

APEN exemptions
Chemical storage tanks or containers <500 gallons that have an annual average daily throughput of <25 gallons.
Regulation 3 Part A II.D.1.n. 

Chemical storage areas where chemicals are stored in closed containers, and total storage capacity is ≤5,000 gallons. 
This exemption applies solely to storage of such chemicals and not the transfer of chemicals from, to, or between such containers.
Regulation 3 Part A II.D.1.mm. 
 

Storage of butane, propane, or liquefied petroleum gas in a vessel with capacity <60,000 gallons, provided the requirement of Regulation Number 7, Section IV. are met, where applicable.
Regulation 3 Part A II.D.1.zz. 

Storage tanks with a capacity of <40,000 gallons of lubricating oils or used lubricating oils.
Regulation 3 Part A II.D.1.aaa. 

Fuel storage and dispensing equipment in ozone attainment areas operated solely for company owned vehicles where the daily fuel throughput is ≤400 gallons per day that is calculated as an annual average. 
Sources in an ozone attainment/maintenance area must utilize Stage 1 vapor recovery on all tanks >550 gallons capacity, as required by Regulation Number 7, in order to take this exemption.
Regulation 3 Part A II.D.1.ccc. 
 

Storage tanks meeting all of the following criteria:

•  Annual throughput is <400,000 gallons; And
• The liquid stored is one of the following:
  • Diesel fuels 1 D, 2 D, or 4 6;
  • Fuel oils #1 through #6;
  • Gas turbine fuels 1 GT through 4 GT;
    • Oil/water mixtures with a vapor pressure equal to or lower than that of diesel fuel (Reid Vapor Pressure of 0.025 pounds per square inch absolute).

Regulation 3 Part A II.D.1.fff.(i-ii(D))
 

Chemical Storage Tanks holding: 

• Sulfuric acid storage tanks ≤10,000 gallons capacity.
• Sodium hydroxide storage tanks.

Regulation 3 Part A II.D.1.aaaa. (i-ii)
 

Containers, reservoirs, or tanks used exclusively for dipping operations that contain no organic solvents for coating objects with oils, waxes, greases, or natural or synthetic resins.

Regulation 3 Part A II.D.1.bbbb. 

Sources exempted from filing Air Pollutant Emission Notices in Section II.D. Part A of Regulation 3, are also exempted from filing a Permit.
Regulation 3 Part B II.D.1.a.

APEN exemptions
Surface water storage impoundment of non-potable water and storm water evaporation ponds, with the exceptions of oil and gas production wastewater impoundments and commercial facilities that accept oil and gas production wastewater for processing.
Regulation 3 Part A  II.D.1.uuu. 
 

Non-potable water pipeline vents.
Regulation 3 Part A II.D.1.vvv.  

Permit exemption
The collection, transmission, liquid treatment, and solids treatment processes at domestic wastewater treatment works, or treatment facilities that treat only domestic type wastewater, except for combustion processes.
Regulation 3 Part B II.D.1.d.