The Part 70 Low-Emitting Facility (LEF) General Permit is primarily intended for businesses with high potential emissions and low actual emissions that began operating without an air permit. Although any business meeting eligibility requirement can apply, businesses that are likely to apply include autobody shops, metal fabrication facilities, cabinet shops, other businesses that coat or paint, and facilities that have engines, boilers or tanks on site. Targeted facilities may have constructed a major source under the New Source Review (NSR) program and/or constructed and operated a major source of hazardous air pollutants.
If a facility has potential emissions that exceed major source thresholds for either program, they will likely be subject to BACT-equivalent requirements and major source NESHAPs, and are unlikely to qualify for a Registration Permit. The Low-Emitting Facility permit includes BACT-equivalent requirements, and major and area source NESHAPs.
In general, facilities that are operating without a permit are subject to enforcement action, often including monetary penalties. However, in order to encourage such facilities to step forward, obtain a permit, and come into compliance, the MPCA is waiving enforcement for facilities that qualify for the Part 70 LEF General Permit and submit a complete application no later than April 30, 2016.
MPCA is currently offering amnesty for facilities that do not current have an air permit and quality for the LEF General Permit. The MPCA has sent correspondence to the auto body shop industry regarding this amnesty. Although this correspondence was sent specifically to auto body shops, the enforcement amnesty is offered to any facility that is operating without a permit, qualifies for the Part 70 LEF General permit, and submits a complete application no later than April 30, 2016.
Caltha LLP provides technical support to facilities in Minnesota to apply for air emission permits, including LEF permits.