Permit by Rule

What is Permit-By-Rule?

Permit-By-Rule (PBR) is a different method of permitting that the State of Tennessee Air Pollution Control (APC) is developing for specific industrial categories. By using PBR, facilities would submit a Notice of Intent (NOI) (do not submit an NOI if your facility is located in Davidson, Hamilton, Knox, or Shelby County) to operate a source according to the rules relating to that industrial category. APC would then issue a Notice of Authorization (NOA) to the facility, confirming authorization to construct, modify, or operate a minor air contaminant source under PBR. The NOA will take the place of a permit written specifically for that facility.

Some of the Advantages of PBR:

• No expiration date
• No application fees
• No specific limits
• Satisfies the requirement to obtain a permit
• Reduces processing time 

Who is Eligible to use PBR?

PBR is designed to be used by area or minor sources that are within specific industry groups.

The PBR Option is Available to these Industry Groups:

• Gasoline Dispensing Facilities (GDF)
• Stationary Emergency Engines/Generators
• Auto Body Shops Please note, this only applies to auto body shops subject to the 6H rule. Those that have opted-out and do not use paints containing Cadmium, Chromium, Lead, Nickel, or Manganese should use APC 100 and APC 107 forms. If an auto body shop uses less than 60 gallons/month at maximum and does not have the potential to emit 1000 lbs./year of a hazardous air pollutant, the facility can use the APC 100 and APC 107 to show that they are an insignificant source of air emissions and request a determination as such. As the program continues, additional industry groups are expected to be added.

Auto Body Shops Subject to 6H

Auto body shops that are subject to 6H are eligible for Permit-by-Rule. A guidance is being developed for both 6H facilities and those not subject to 6H. Those that have opted out due to not using paints containing Cadmium, Chromium, Lead, Nickel, and Manganese, are not eligible for Permit-by-Rule. Instead, they would use APC 100 and APC 107 forms to submit a permit application. If the facility uses less than 60 gallons/month and does not have the potential to emit 1000 lbs./year of a single hazardous air pollutant of 5 tons/year of an criteria pollutant (such as volatile organic compounds), the facility can use the APC 100 and APC 107 forms to request a determination as an insignificant source of air emissions. The Surface Coating and Paint Stripping web page has more information on the 6H rule, which facilities are subject to it, and how to opt-out if the facility should not be subject to 6H. If your facility is located in Davidson, Hamilton, Knox, or Shelby County, your facility would be permitted by the local air program instead of the State of Tennessee. The State of Tennessee Permit-by-Rule option is not available in the local air program areas.

April 8, 2018: Permit-by-Rule for Stationary Emergency Engines is Available 

As of April 8, 2018, Permit-by-Rule is an available option for Stationary Emergency Internal Combustion (IC) Engines located at facilities that are considered minor sources of air emissions (does not apply to conditional major sources). This option can take the place of obtaining a traditional permit. If your facility is located in Davidson, Hamilton, Knox, or Shelby County, your facility would be permitted by the local air program instead of the State of Tennessee. The State of Tennessee Permit-by-Rule option is not available in the local air program areas. See below or the SBEAP Spark Ignition and Reciprocating Internal Combustion Engines web page for more information.

August 15, 2017: Permit-by-Rule for GDFs is Available

As of August 15, 2017, Permit-by-Rule is an available option for Gasoline Dispensing Facilities (GDFs) under State of TN permitting. If your facility is located in Davidson, Hamilton, Knox, or Shelby County, your facility would be permitted by the local air program and Permit-by-Rule is not available in the local air program areas. See below or go to the GDF web pages for more information.