Permit Fact Sheet
- What is the purpose of this approval?
A Restricted Emission Status approval is an approval which legally limits the amount of potential emissions (see definition in Question 2 of these instructions) from your facility through an enforceable restriction that may cover raw materials, process or control device operations, or production quantities. 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(9) 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 apply for a Restricted Emission Status approval refer to 310 CMR 7.02(9). The application material submitted to MassDEP and the RES approval letter become the enforceable restrictions on the facility's operations.
- 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.
- 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 HAP, your facility would still be "major" with respect to HAP and thus would still be subject to Operating Permit as contained in 310 CMR 7.00 Appendix C. See the list of HAP attached to application form. In addition, if your facility's actual emissions of VOC, NOx or HOC were greater than 50 tons per year in any year since 1990, you may restrict your VOC, NOx or HOC potential emissions to avoid an otherwise applicable requirement (e.g., 310 CMR 7.00, Appendix C) but your facility would still be subject to the applicable VOC, NOx or HOC RACT requirements.
What is the application fee for this approval?
See: Permit Application Timelines and Fees Schedule
- Where do I send my complete plan application?
Your completed RES application form, along with any supplemental information that may be required, must be submitted in duplicate to the appropriate MassDEP Regional Office for review and, if merited, approval. Find Your Region
Upon approval, MassDEP will stamp the second copy of the RES application and return it to you so both you and the agency will have identical copies of the RES Approval.
You must use Form BWP AQ 09 - Restricted Emission Status when filing.
- Where can I get a copy of the timelines?
See: Permit Application Timelines and Fees Schedule
- What is the annual compliance fee for this approval?
The annual compliance assurance fee is dependent on the facility-wide potential emissions established in the RES. Please consult Permit Application Timelines and Fees Schedule (Table 4.03) for more information, If you fail to pay the annual compliance fee, your RES Approval could be suspended or revoked.
- How long is this approval in effect?
A RES Approval is in effect for the useful life of the approved emission unit(s) even if there is a change in ownership, or until the facility-wide PTE approved by this action is substantially constructed or altered. At that time, a modification to the RES may be required pursuant to 310 CMR 7.02(1) Modification of a Restricted Emission Status (RES)
- 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 Transmittal Form & Number for Permit Application & Payment to: Department of Environmental Protection, P.O. Box 4062, Boston, MA 02211.
- 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
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