Low Emitter Rule
Title 129, Chapter 6, Section 001.04A establishes the Low Emitter Rule. Under the Low Emitter Rule, a source can be exempted from the duty to obtain an operating permit, provided that the source meets all the provisions in Title 129, Chapter 6, Section 001.04A. To be eligible for the Low Emitter Rule, a source must meet the following criteria:
1. The source must have potential-to-emit (PTE) above the Class I (major) source thresholds specified in Title 129, Chapter 2.
2. The source must demonstrate that actual emissions from the source have not exceeded the Class II thresholds specified in Title 129, Chapter 6, Section 001.03 for at least five (5) years.
If a source meets the criteria above and wants to apply for Low Emitter status, the source must complete and submit the Low Emitter/No Operating Permit Required Worksheet to the NDEE for evaluation.
No Operating Permit Required Determination
Title 129, Chapter 6 establishes when a source is required to obtain an operating permit. Sources not eligible for Low Emitter status that have PTE above the Class I (major) source thresholds in Title 129, Chapter 1 are required to obtain either a Class I or Class II-Synthetic Minor operating permit. Sources that have actual emissions above the Class II thresholds in Title 129, Chapter 6,are required to obtain Class II operating permits, unless a Class I permit is required.
Sources that have PTE below the Class I (major) thresholds and actual emissions below the Class II thresholds are not required to obtain an operating permit. Sources that meet these criteria can use the Low Emitter/No Operating Permit Required Worksheet to notify the NDEE of their No Operating Permit Required status.