SCAQMD Permitting 101: What Industrial Facilities Need to Know (and Do) Before They Apply

In our previous 4 The Record article on the South Coast Air Quality Management District (SCAQMD), we introduced who they are and what they do. This article expands on the process of obtaining an air quality permit from SCAQMD.

Do I Need an Air Quality Permit?

At the beginning of the project planning process facilities should review and identify existing and proposed equipment and activities that have the potential to emit air pollutants as a result of the project. Under SCAQMD Rule 201, facilities must obtain written approval before building, installing, or modifying any such equipment.

Any stationary or portable equipment that has the potential to emit criteria or toxic contaminants into the air must be evaluated to determine if an air quality permit is required. SCAQMD does not have jurisdiction over mobile sources (i.e., self-propelled vehicles where the source of pollutants is responsible for the propulsion). Equipment installed on a mobile source not responsible for propulsion may need a permit from SCAQMD.

How Do I Know If My Equipment Is Exempt from Permitting?

Some equipment may be exempt from requiring an air quality permit. Other equipment may qualify for or need to be registered with SCAQMD, which also allows installing and operating the equipment without the more stringent process of obtaining a permit.

SCAQMD Rule 219 identifies equipment and activities that are exempt from permitting. Even if the equipment or activity is listed as exempt, there may be an exclusion that supersedes the exemption and triggers the need for a permit. It is a facility’s responsibility to determine if equipment is exempt for permitting. Records need to be maintained to support the determination of being exempt from permitting.

Registration is also a potential route for some equipment. The equipment that may qualify for registration is identified in SCAQMD Rule 222.

How Much Does It Cost to Get a Permit or Registration?

The fee per piece of equipment can range from a few hundred dollars for a registration to over $50,000 for highly complex equipment that has the potential to release large amounts of pollutants into the air.

For a permit, you may also need to prepare additional analysis which must be reviewed by the SCAQMD. These additional reviews incur fees and may also extend the timeline of your project.

What Type of Permit Do I Need?

SCAQMD offers several types of permits. Knowing what you need will minimize delays in obtaining your permit.

Permit to Construct

For new equipment, a Permit to Construct is needed. As the name suggests, this authorizes a facility to construct or install equipment. This permit should be obtained prior to any construction-related activities such as bringing equipment on-site, preparing foundations, or establishing utility connections. This authorization applies only to the elements of the project regulated by SCAQMD. Additional approval from other agencies, such as the City Building Department, may also be required.

Permit to Operate

In cases where a Facility has already constructed or installed equipment, a Permit to Operate may be obtained. The application for the Permit to Operate serves as a temporary permit until SCAQMD is able to review the application and approve the final Permit to Operate. A Permit to Operate will only be approved if the equipment is operated in a manner that complies with applicable rules and regulations.

Permit Modification

If equipment operates under a Permit to Operate, a modification to that permit may be required if a physical change is proposed or when the method of operations changes. For example, a Facility that intends to convert a storage tank in hydrochloric acid service to sulfuric acid service would be changing the method of operation of the tank and would require a modification to the Permit to Operate.

Registration

A registration may be available instead of a permit. Registrations are generally limited to smaller equipment that is not expected to result in a significant release of emissions or equipment that has been previously certified by SCAQMD as being able to comply with applicable rules and regulations. SCAQMD maintains a list of certified equipment that qualifies for registration on their website https://www.aqmd.gov/home/permits/equipment-registration.

Facility Permit

Permits for individual devices are referred to as a Command-and-Control Permit. However, some facilities may require what is known as a Facility Permit, which consolidates multiple individual permits into one comprehensive document. A Facility Permit is required for facilities that may generate large amounts of emissions or those that are subject to certain Federal regulations. The most common type of Facility Permit is a Title V Permit.

How Do I Apply for a Permit?

Once it is determined that an air quality permit is required and the type of permit (i.e., registration, permit to construct, permit to operate, modification, or Facility Permit) is known, the next step is to gather and prepare information needed for SCAQMD to evaluate the potential air quality impacts of the proposed equipment and activities. The process starts off the same regardless of the type of permit. At a minimum, SCAQMD will require the submittal of permit application forms. These forms provide basic information on the equipment that requires a permit.

The primary difference between permit types is the amount of supporting information that is required. This may include potential to emit (PTE) calculations of criteria pollutants and evaluations of how the equipment will comply with local rules and regulations including:

• Best Available Control Technology (BACT) – a determination of what air pollution control technology or process represents the highest level of emissions reduction that can be realistically achieved for that specific source. In some cases, this determination may require a facility to install pollution control equipment that was not originally planned, adding cost and delays to the project.
• Emissions offsets – obtaining offsets to ensure a facility does not impede the progress of attaining ambient air quality standards. Offsets are required for any emissions over a facility-wide total of four tons per year for any criteria pollutant except CO which has a facility-wide 29 tons per year (TPY) total threshold.
• Health Risk Assessment (HRA) – to ensure that local residences are not exposed to increased cancer risk and chronic and acute health impacts beyond allowable levels. SCAQMD uses a tiered approach to streamline the level of analysis needed. Tier 1 and Tier 2 screening assessments rely on conservative data for stack heights, emissions rates, and meteorology. These tiers are intended to provide a quick indication of whether a project is clearly below health risk thresholds without requiring detailed air quality dispersion modeling. Tier 3 and Tier 4 analyses are triggered if Tier 1 and Tier 2 analyses show risk levels above the allowable limits. Tier 3 and Tier 4 analyses require significantly more time and technical expertise. A future 4 The Record article will discuss these steps in greater detail.

Federal Air Quality Regulations

An evaluation of Federal regulations will also be required such as:

• New Source Performance Standards (NSPS) – specific operating standards and emissions limits for specific equipment
• National Emission Standards for Hazardous Air Pollutants (NESHAP) – standards for the release of hazardous air pollutants into the atmosphere
• New Source Review (NSR) – permitting program for any new or modified equipment

The applicability of these regulations will depend on the attainment status of the pollutants being emitted by a facility. For attainment pollutants, the threshold is 250 TPY or 100 TPY for certain listed source categories. Non-attainment pollutants have lower thresholds and depend on the severity of the non-attainment.

Facility Permit Applicability

A review is also needed to determine whether the facility must obtain a Facility Permit. Several regulatory programs can trigger this requirement, including:

• Prevention of Significant Deterioration (PSD) permitting – Designed to prevent large projects from significantly worsening air quality in areas where the airshed is currently in compliance with National Ambient Air Quality Standards (NAAQS).
• Clean Air Act permitting (Title V) – Federally enforceable air quality permits that require more stringent operating conditions and monitoring and reporting requirements than local regulations.
• Regional Clean Air Incentives Market (RECLAIM) – A SCAQMD-specific facility permit for large emitters of oxides of nitrogen or oxides of sulfur.

How Long Does It Take to Get a Permit?

Obtaining an air quality permit is a complex process. The time required varies depending on the evaluations required, the complexity of the equipment, and the potential impact of the equipment on air quality. For simple equipment, the process may take a few months. For large projects involving multiple pieces of equipment and complex configurations, the process can take six months to a year or longer in some cases. If a Title V or PSD Facility Permit is required, the process can take years.

I Got My Air Quality Permit, Now What?

Working with SCAQMD does not stop after obtaining a permit. The issued permit should be carefully reviewed to ensure that the description of equipment is correct and that any operating conditions are appropriate and can be complied with. The permit may include requirements such as source testing, monitoring, recordkeeping, and reporting.

If there are planned changes to equipment after the permit is issued, an application needs to be submitted to obtain permission to make the changes, and the permit modified to reflect any changes to the operating conditions that may be needed. A permit modification project, depending on the complexity of the project, may involve similar timeframes as the original permit application.

How Can ALL4 Help with Permitting?

ALL4 provides the following air quality permitting services:

• Permitting strategy
• Permit exemption determination under SCAQMD Rule 219
• Construction and operating permit applications
• Emissions inventories and emissions factor development
• Control technology evaluations
• Emissions offsets and trading
• Plantwide Applicability Limits
• Health risk assessments
• Source test coordination

Stay tuned for future 4 The Record articles where we will go into more details on BACT, health risk assessments, and SCAQMD’s NSR evaluation.

Early planning and proactive engagement with SCAQMD can help protect both cost and schedule by reducing uncertainty and limiting avoidable delays. Bringing in experienced air quality experts early provides a deeper understanding of regulatory expectations, helps anticipate permitting challenges before they affect the budget or timeline, and offers informed strategies to move the project forward without unnecessary setbacks. If you are evaluating installing new equipment or modifying existing equipment in the South Coast Air Basin, ALL4 can help navigate the permitting requirements and support a smooth path forward. Reach out to Michael McHale (mmchale@all4inc.com) or Kelvin Lu (klu@all4inc.com) for assistance.