1. Instructions: BWP AQ 09 doc format of Permit Restrictions Instructions: RES
pdf format of Permit Restrictions Form & Instructions: RES

  2. Form: BWP AQ 09 doc format of Permit Restrictions Form: Restricted Emissions Status
pdf format of Permit Restrictions Form: Restricted Emissions Status

  3. Transmittal Form & Number for Permit Application & Payment


Permit Fact Sheet 

  1. What is the purpose of this approval?

    A Restricted Emission Status approval is a plan approval legally limiting the amount of potential emissions (see definition in Question 2 of these instructions) from your facility through a restriction on the raw materials used. Your facility's potential emissions determine the air quality regulations with which you must comply and the annual compliance fee you must pay.

    Regulation 310 CMR 7.02(12) provides for Restricted Emission Status approvals. The legal authority for this regulation is MGL Chapter 111, sections 142B and 142D.

    For specific information on who may or must apply for a Restricted Emission Status approval refer to 310 CMR 7.02(12). The application material submitted to MassDEP and the plan approval letter become the approval.
  2. Who must apply?

    You must file a Restricted Emission Status Plan if you wish to:

    a.   change a facility's classification pursuant to 310 CMR 4.00 for compliance fee purposes;
    b.   limit potential emissions to remain below the applicable thresholds requiring filing of an Emission Control Plan (pursuant to 310 CMR 7.18 - VOC RACT or 310 CMR 7.19 - NOx RACT);
    c.   limit potential emissions to remain below "major source" thresholds requiring filing of an Operating Permit (pursuant to 310 CMR 7.00 Appendix C);
    d.   limit potential emissions for purposes of applicability of any other air quality regulation.

    Potential to Emit or Federal Potential Emissions means the maximum capacity of a stationary source to emit a regulated pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit a regulated pollutant, including air pollution control equipment and restriction on hours of operation or in the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable.

    To be federally enforceable:     

    •     a limitation on any facility's capacity to emit a pollutant shall include testing, monitoring, and record keeping procedures sufficient to demonstrate compliance with the limitations. Examples of permit or SIP limitations generally considered federally enforceable are limitations on the allowable capacity of the equipment, requirements for the installation, operation and maintenance of pollution control equipment, limits on hours of operation, and restrictions on amounts of materials combusted, stored, or produced.

    •     restrictions on operation, production, or emissions must be stated in terms of the shortest averaging time that can be used as a practical matter, e.g., pounds per hour, or gallons per hour, and they must be tied to other enforceable operating restrictions at the source. General limitations on potential to emit, such as yearly limits (e.g., in tons per year), by themselves, are not considered federally enforceable. The use of hourly, daily, weekly, or monthly rolling limits are generally acceptable.

    Any federally enforceable limitations or conditions must be enforceable as a practical matter, ensure continuous compliance with the restrictions, and include adequate testing, monitoring, and record keeping procedures sufficient to demonstrate compliance with the limitations or conditions of an applicable federally enforceable document described above. Fugitive emissions, to the extent quantifiable, are included in determining the potential to emit of a stationary source. Secondary emissions do not count in determining the potential to emit of a stationary source.

    Refer to the specific regulations for details on requirements and qualifications.
  3. What other requirements should be considered when applying for this approval?

    This form is not to be used in applying for approval to construct or modify any source, nor may this form be used to contravene the requirements of any written approval issued by the Department.

    Please note that even if you restrict potential VOC emissions to below "major source" status (i.e. 50 tons per year), if your VOC emissions include 10 or more tons per year of a single Hazardous Air Pollutant (HAP) or 25 or more tons per year of any combination of HAPs, your facility would still be "major" and thus would still be subject to Operating Permit as contained in 310 CMR 7.00 Appendix C. See list of HAPs attached to application form.
  4. What is the application fee for this approval?

    See: Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule

     

  5. What is the Primary Approval Location? What is the Reserve Copy Location?

    Primary Approval Location:
    Dep't. of Environmental Protection
    ___________* Regional Office
    Air Quality Control

    Primary Approval Location:
    Dep't. of Environmental Protection
    ___________* Regional Office
    Air Quality Control

    *Find Your Region

    As indicated above, all completed application packages should be submitted in duplicate (one primary copy, one reserve copy) to the appropriate regional office for review and approval.

    Upon approval of the application, MassDEP stamps the photocopy and returns it to you for your records. In this manner, MassDEP and the applicant have identical copies of the approved submittal.

    You must use Form BWP AQ 09 - Restricted Emission Status when filing.
  6. Where can I get a copy of the timelines?

    See: Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule
  7. What is the annual compliance fee for this approval?

    See:
    Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule
  8. How long is this approval in effect?

    See: Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule
  9. How can I avoid the most common mistakes made in applying for this approval?

    a.   Answer all questions on the application form and indicate "N/A" (not applicable) where appropriate.
    b.   Submit all supplementary information requested in the application.
    c.   Submit two copies of the application to the regional office for review. Find Your Region
    d.   Submit fee and one copy of the MassDEP Transmittal Form http://mass.gov/dep/service/online/trasmfrm.shtml to: Department of Environmental Protection, P.O. Box 4062, Boston, MA 02211.
  10. What are the regulations that apply to this approval? Where can I get copies?

    These regulations include, but are not limited to:

    a.   Air Pollution Control Regulations, 310 CMR 6.00 - 8.00.
    b.   Timely Action and Fee Provisions, 310 CMR 4.00.
    c.   Administrative Penalty Regulations, 310 CMR 5.00.

    These may be purchased online, in person, or by Mail at the Massachusetts State Bookstore