1. (a) The owner or operator of any device or process shall not be required to obtain a permit under this chapter if facility-wide emissions of each RTAP meets one of the following conditions:

   1. (1) The uncontrolled emissions:

      1. a. Are less than or equal to the applicable annual and 24-hour de minimis emission levels, using the de minimis emission level method described in Env-A 1404.03; or
      2. b. Result in concentrations less than or equal to the applicable annual and 24-hour AALs using one of the methods described in Env-A 1404.02, Env-A 1404.04, Env-A 1404.05, or Env-A 1404.06, at and beyond the compliance boundary; or

   2. (2) The uncontrolled actual emissions:

      1. a. Are less than or equal to the applicable annual and 24-hour de minimis emission levels, using the de minimis emission level method described in Env-A 1404.03;
      2. b. Result in concentrations less than or equal to the applicable annual and 24-hour AALs using the in-stack concentration method described in Env-A 1404.04; or
      3. c. Result in concentrations less than or equal to 50 percent of the applicable annual and 24-hour AALs using one of the methods described in Env-A 1404.02, Env-A 1404.05, or Env-A 1404.06 at and beyond the compliance boundary.
2. (b) For purposes of this part, spray coating operations that demonstrate compliance with the spray booth filter provisions in 40 CFR 63.11173(e)(2)(i), subpart HHHHHH, “National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources”, shall not be considered control devices for the purposes of calculating emissions of particulate RTAPs.

Source. #9601, eff 11-25-09; ss by #10550, eff 4-4-14; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1403.03)