Permit by Rule
August 15, 2017: Permit-by-Rule for GDFs is available
As of August 15, 2017, Permit-by-Rule is an available option for Gasoline Dispensing Facilities (GDFs) under State of TN permitting. If your facility is located in Davidson, Hamilton, Knox, or Shelby County, your facility would be permitted by the local air program and Permit-by-Rule is not available in the local air program areas. See below or go to the GDF web pages for more information.
What is Permit-By-Rule?
Permit-By-Rule (PBR) is a different method of permitting that State of TN Air Pollution Control (APC) is developing for specific industrial categories. By using PBR, facilities would submit a Notice of Intent (NOI) (do not submit an NOI if your facility is located in Davidson, Hamilton, Knox, or Shelby County) to operate a source according to the rules relating to that industrial category. APC would then issue a Notice of Authorization (NOA) to the facility, confirming authorization to construct, modify, or operate a minor air contaminant source under PBR. The NOA will take the place of a permit written specifically for that facility. Some of the advantages of PBR:
Who is eligible to use PBR?
PBR is designed to be used by area or minor sources that are within specific industry groups. The PBR option is available to these industry groups:
Industry Groups planned to be eligible in the future:
As the program continues, additional industry groups are expected to be added.
The PBR Transition Program
With the implementation of PBR for GDFs, the transition program for that industry group has been discontinued. GDF facilities that qualified for the transition program will be contacted to submit an NOI using the information provided during the transition program. The transition program is still in effect for stationary emergency engines.
During the period of transition between the current permitting method and introduction of PBR, APC has initiated a PBR Transition Program for Stationary Emergency Engine sources. This transition program is designed for facilities that have constructed and/or operated a stationary emergency engine without first obtaining the required air quality construction and/or operating permit. The transition program does not apply to facilities that already have a current construction or operating permit. Facilities that are already permitted should continue to follow the requirements to apply for or renew an operating permit as appropriate. The Transition Program is only in relation to permitting. Facilities that are not in compliance with the rules for operating their facility would still be subject to enforcement.
In order to qualify for the Transition Program, facilities should submit the following form:
Permit-by-Rule Transition Program Qualification (APC 200) (CN-1481) This form uses a Digital Signature. Use Internet Explorer, Internet Edge, or Mozilla Firefox in order to use the Digital Signature field. Does not currently work with Google Chrome.
This Transition Program requires commitment to four things:
- Comply with applicable rules
- Notify APC of any changes in the information submitted
- Apply for Permit-by-Rule (some stationary emergency engines) or Permit Exemption (most stationary emergency engines)
- Certify that source is not located at a Title V major facility or Conditional Major facility
Instructions on how to complete the form and additional information about PBR is included with the form. The form should be submitted by email to Air.Pollution.Control@tn.gov or by direct mail to:
Department of Environment and Conservation
Division of Air Pollution Control
William R. Snodgrass Tennessee Tower
312 Rosa L. Parks Avenue, 15th Floor
Nashville, TN 37243
Once PBR is implemented, notification will be sent to qualifying facilities in the Transition Program to apply for PBR. See additional information below in the Additional Information section.
How does this affect my facility if I already have a permit?
If a facility already has a permit, either construction or operating, continue to comply with the conditions of the permit including recordkeeping, applying for an operating permit, and renewing the operating permit as appropriate. Once PBR is implemented, a facility can opt to apply to be covered by PBR and surrender their standard permit.
If my facility does not have a written permit, what do I need to do to be in compliance with the rules?
PBR is designed for industry groups that have a large number of facilities that all operate in very similar manners. As such, guidance documents will be developed for each industry group to help them understand the rules that affect their facility. These guidance documents can be found on the SBEAP webpage for that industrial category as well as below under Additional Information. Follow the links under Who is eligible to use PBR? to the specific industry group for the guidance documents and additional information concerning the specific industry group. A facility can also contact the Small Business Environmental Assistance Program (SBEAP) for assistance.
Notice of Intent (NOI) APC 202 (CN-1514) This form uses a Digital Signature. Use Internet Explorer,
Internet Edge, or Mozilla Firefox in order to use the Digital Signature field.
Does not currently work with Google Chrome.
Notice of Authorization (NOA) This is an example NOA that will be filled in via mail merge (CN-1513)
- Memorandum establishing the Permit-by-Rule Transition Program
- Frequently Asked Questions on PBR
- PowerPoint Presentation on PBR
- Article written for the TN Fuels and Convenience Store Association on Stage II decommissioning and PBR for GDFs
- Guidance document for GDFs (can also be found on GDF website)
- Guidance document for Stationary Emergency Engines (can also be found on Engines website)
- List by North American Industrial Classification System (NAICS) code and title as to whether an industry is considered commercial, industrial, or residential according to the Stationary Emergency Engine rule.