NEW SOURCE REVIEW INTROTribal Permit TrainingFond du Lac ReservationJune 11, 2013

CAA PROVIDES FRAMEWORK FOR PERMITTING

WHAT WILL THIS PRESENTATION COVER? Permitted pollutants Attainment and non-attainment

areas Definitions of “major source” and

“major modification” Permitting calculations Control requirements Reporting and recordkeeping

requirements

REGISTERED POLLUTANTS Criteria pollutants

Particulate matter (PM) Nitrogen oxides (NOx) Sulfur dioxide (SO2) Carbon monoxide (CO) Lead (Pb) Volatile Organic Compounds

(VOC’s) Greenhouse Gases

CO2, methane, N2O, HFS’c, PFC’s, SF6 expressed as CO2 equivalent

ATTAINMENT STATUS If area meets National Ambient Air Quality

Standards, it is in attainment If the area can’t demonstrate compliance

with standards, it is in non-attainment Demonstrations made through modeling or

monitoring

WHAT IS NSR? Pre-construction permitting program

Major new sources Major modifications to existing sources

Covers criteria pollutants Needed in both attainment and non-

attainment areas

MAJOR SOURCES (ATTAINMENT AREAS) Major sources are those who emit…

More than 100 tons/year of any criteria pollutant if one of “28 source categories”

More than 250 tpy of any criteria pollutant if any other source category

More than 10 tpy of any toxic, or more than 25 tpy of a mixture of toxics

More than 100,000 tpy of GHG Use Potential to Emit calculation to

compare to thresholds PTE is the maximum capacity that a

source is capable of emitting Federally enforceable limits can be

included in the calculation

PTE CALCULATION EXAMPLE A facility in one of the “28 source categories” can emit

30 lbs of NOx per hour at maximum capacity If they operate for 24 hrs/day, 7 days/week, that’s

8,760 hrs/year

30 lbs/hr * 8,760 hrs/year = 262,800 lbs/yr262,800 lbs/yr/2,000 lb/ton = 131.4 tpy

If operations are limited to 6,000 hrs/yr, PTE = 90 tpy

Facilities must do this exercise for each criteria pollutant emitted

MAJOR MODIFICATIONSA modification is subject to NSR if… Modification is made to a major source Net emissions increase of modification is “significant” (see

table) It constitutes a physical or operational change in method of

operation of the sourcePollutant PTE (tpy)

Carbon Monoxide 100Nitrogen Oxides 40Sulfur Dioxide 40

Particulate Matter/PM-10 25/15VOC 40Lead 0.6GHG 75,000

MAJOR MODIFICATION, EXAMPLEExpected emissions from modification:

CO = 90 tpyNOx = 38 tpySO2 = 25 tpyPM = 40 tpyPM-10 = 18 tpyVOC = 10 tpyPb = 0.01 tpyGHG = 30,000 tpy

Does this qualify as a major modification???

MAJOR SOURCES (NON-ATTAINMENT AREAS) In non-attainment areas, major sources emit…

Pollutant Tons/yearCarbon Monoxide 100 (moderate)

50 (serious)Nitrogen Oxide 100 (marginal/moderate)

50 (serious)25 (severe)

10 (extreme)Sulfur Dioxide 100

Volatile Organic Compounds 100 (marginal/moderate)50 (serious)25 (severe)

10 (extreme)Total Particulate Matter 100 (moderate)

70 (serious)PM-10 100 (moderate)

70 (serious)

PM-2.5 100 (moderate)70 (serious)

Lead 100

MAJOR MODIFICATION EXAMPLE, N/A AREAArea is Non-Attainment for NOx (serious) and PM2.5 (moderate).

Attainment for all other pollutants. Source is not in one of the “28 source categories”

Expected emissions from modification:

CO = 90 tpyNOx = 38 tpySO2 = 25 tpyTotal PM = 73 tpyPM10 = 40 tpyPM2.5 = 40 tpyVOC = 35 tpyPb = 0.01 tpyGHG = 30,000 tpy

Does this qualify as a major modification???

OTHER NSR REQUIREMENTS IN ATTAINMENT AREAS

Ambient air quality analysis Analyze impacts to soils,

vegetation, and visibility Not adversely affect a Class I

area Undergo public participation

CONTROL TECHNOLOGY REQUIREMENTS

Best Available Control Technology (BACT)

Lowest Achievable Emission Rate (LAER)

BEST AVAILABLE CONTROL TECHNOLOGY

Required under NSR in attainment areas Pollutant-specific emission limit, case-by-case

Takes into account energy, environmental, or economic impacts

Limit must be at least as stringent as applicable: New Source Performance Standard (NSPS) National Emission Standard for Hazardous Air Pollutants

(NESHAP) Selected by “Top Down” BACT analysis

1. ID all available control technologies2. Eliminate technically infeasible control options3. Rank remaining control technologies by effectiveness4. Evaluate most effective controls and document

results5. Select BACT

LOWEST ACHIEVABLE EMISSION RATE Required under NSR in non-attainment areas Pollutant-specific emission limit and rate, case-by-case

Considers only technical feasibility Limits must be at least as stringent as

The most stringent limit in any SIP for any similar source The most stringent limit achieved in practice by any similar

source Any applicable NSPS

Can require looking at emerging technology Source must also obtain offsets from other sources in

the area Source must certify CAA compliance at all other

facilities Visibility impacts must be considered

EMISSIONS NETTING Considers previous and upcoming

emissions changes at a facility for permitting purposes

With applicable reductions, source can “net out” of PSD

Emissions increases/decreases must be “creditable” and contemporaneous

Consideration of contemporaneous changes only allowed for existing major sources

Netting must take place at the same source and with same pollutant

Netting exercise is required, not optional

REPORTING AND RECORDKEEPING REQMTS

To prove facility did not exceed limits taken in permitting

To prove compliance with standards (NSPS, NESHAPs, BACT, LAER, etc)

Examples include Fuel consumption Material throughput Continuous emissions monitoring data Control equipment operating

parameters Hours of operation Stack test data

Need to submit data to permitting agency and keep on-site for 5 years

TRIBAL NSR Enacted to correct gaps in Indian Country

New Source Review

Major NSR in Attainment

Areas

CONCLUSIONS New major sources or modifications need to

undergo permitting Thresholds apply for both attainment and

non-attainment areas Control requirements must be set Reporting and recordkeeping demonstrate

compliance Gaps existed in Indian Country, now closed