2
Major Topics
Applicability Registration requirements Permitting requirements General permits and permits by rule
4
Applicability Bins
Major source – apply for PSD or NA NSR permit
Synthetic minor – need limits to get out of major NSR
True minor - need to register by March 2013
Too small to be a minor – no action required
5
Applicability for Minor NSR
Applies to sources of “regulated pollutants” that are not major Applies to sources with PTE below major
source thresholds for PSD and NA NSR Can be used to create synthetic minors
Does not apply to sources if PTE is below the minor source thresholds
7
Applicability Issues for Minor NSR Are some units or activities at the facility
“exempt?” Do fugitive emissions count towards
PTE? How do you calculate PTE when a minor
source makes a modification? Exempted sources (see appendix)
8
PTE and Fugitive Emissions
Fugitive emissions: those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Examples: Aerosols Quarries Storage piles Leaks or releases from valves, pumps,
compressors, flanges
9
When to Consider Fugitives in PTE Calculation
Include fugitive emissions, to the extent they can be quantified, if the source belongs in one of the 28 source categories list at 40 CFR part 51, Appendix S, paragraph II.A.4(iii) or 52.21(b)(1)(iii)
Examples of listed source categories: Fossil fuel-fired steam electric plants of more than 250
million Btu/hr heat input Kraft pulp mills Portland cement plants Taconite ore processing plants
10
PTE and Emergency Generators Applies in lieu of approved
exemption for emergency generators May use default assumption of 500
hours per year instead of 8,760 hours per year
<500 hours per year may be used when justification can be provided
11
PTE and New Sources
For a new source, calculate the source’s total PTE for each pollutant and see if it meets or exceeds the minor source applicability thresholds
If any threshold is exceeded, source is subject to permitting requirements and must apply for a permit (if construction commences after 9-2-14)
12
Size of Source Major Sources Synthetic Minor Sources True Minor Sources
Extent of construction or modification
New Major Source in Attainment Area
New Major Source in Non-Attainment Area
Major Mod of Existing Major Source
Minor Mod of Existing Major Source
Existing * Synthetic Minor
New or Modified Synthetic Minor Source
Existing* True Minor Source
New or Modified** True Minor Source
Applicable permit program
PSD NA NSR PSD or NA NSR Minor NSR Minor NSR Minor NSR Minor NSR Minor NSR
Preconstruction permit required
Yes Yes Yes Yes May need to apply for permit depending on how synthetic minor status was obtained
Yes No Yes, sources that commence construction on or after 9-2-14 must obtain a permit. Also if a general permit that applies to the source category is published in the Federal Register before 3-2-14, sources covered by the general permit must obtain a permit within 6 mos. of publication.
Registration required No No No No No No Yes, register by 3-1-13 Yes, register by 3-1-13 or within 90 days of commencing operation, whichever is later, if construction begins after 8-30-11 and before 9-2-14
Registration and Permit Application Requirements for Sources in Indian Country
13
Timing Issues
Minor sources do not need to apply for permits for new construction or modifications unless construction starts after 9-2-14 Exception: minor modifications at major
NSR and PSD sources
14
PTE and Modified Sources
For modifications at existing minor sources, use the allowable-to-allowable test: Emissions increase = new allowable minus
old allowable For an emissions unit that was previously
unpermitted or is being added, new allowable = PTE
For an emissions unit subject to an existing permit, old allowable = allowable limit in the permit.
If emissions increase meets or exceeds threshold, source must apply for permit for the modification (if construction commences after 9-2-14)
15
Exempted Modifications
These modifications are not subject to minor NSR: Routine maintenance, repair or
replacement Routineness is determined on a case-by-case
basis An increase in the hours of operation or in
the production rate that would be allowed under the existing permit
Change in ownership
17
Sources that Must Register by 3-1-13
Existing true minors (commenced construction before 8-30-11)
New or modified true minor sources that commence construction after 8-30-11 and before 9-2-13
These sources do not ever need a permit unless they modify
18
True Minors that Commence Construction After 9-2-14
New sources or existing sources that plan minor modifications after 9-2-14 must apply for a minor source permit
19
Registration Forms:
Available at http://www.epa.gov/air/tribal/tribalnsr.html
EPA has developed emissions calculators to help applicants estimate their emissions for certain source categories
Regional Offices may require information in addition to the information contained in the emissions calculators
20
EPA’s Emissions Calculators
EPA has made spreadsheet-based calculators available at http://www.epa.gov/air/tribal/tribalnsrcalculatorsfor: Gas stations, dry cleaning operations, auto body
shops, sawmills, landfill operations, hot-mix asphalt plants, concrete batch plants, printing operations, rock crushing and stone processing operations, surface coating operations, degreasers/solvents/cleaners, industrial boilers, stationary internal combustion engines
Output Summary Printout page indicates whether the source needs to register
21
EPA Emissions Calculators
EPA has made spreadsheet-based calculators available at http://www.epa.gov/air/tribal/tribalnsrcalculators.
Calculators are available for some of the common source categories in Indian country: Gas stations, dry cleaning operations, auto body shops,
sawmills, landfill operations, hot-mix asphalt plants, concrete batch plants, printing operations, rock crushing and stone processing operations, surface coating operations, degreasers/solvents/cleaners, industrial boilers, stationary internal combustion engines
Output Summary Printout page indicates whether the source needs to register
22
EPA Emissions Calculators
Information required Facility contact information Attainment status of source’s area Facility usage (hours of operation, fuel
usage, number of units processed, etc.) Emission controls and operational
restrictions Filling in the above information leads to
completed Total Emissions and Output Summary Printout pages
24
Major Requirements of Minor NSR Rule
Case-by-case control technology review
Air Quality Impact Analysis (AQIA) in rare cases
Monitoring, recordkeeping, and reporting as needed to assure compliance
Public participation, administrative and judicial review
25
Kinds of Minor NSR Permits
Source-specific for true minor Source-specific for synthetic minor General Permit Permit by Rule (proposed)
27
Application Process – True Minor Fill out New Source General Application Form
Narrative description of the production process, with flow chart Processing, combustion, handling, storage, and emissions
control List of emissions units Types and quantities of fuels and/or raw materials to
be used Air Quality Impact Analysis (in some cases) Identify Endangered Species Identify resources protected by National Historic
Preservation Act
28
Air Quality Impact Analysis (AQIA) aka Modeling Analysis
EPA will require an AQIA if: There is concern about keeping an area in
attainment status, or It’s necessary to accurately assess the
source’s adverse air quality effects If AQIA reveals that source could cause
or contribute to a NAAQS/PSD increment violation, such adverse impacts must be reduced before the permit is issued
29
AQIA
Factors that can make AQIA requirement more likely: Poor dispersion characteristics such as rain
caps, horizontal stacks, fugitive releases, or building downwash
Complex terrain Area has existing air quality concerns
30
Endangered Species Act (ESA) Analysis
ESA requires EPA to ensure its permits will not likely jeopardize listed species or critical habitats
Permit applicants can get local listed species from http://www.fws.gov/endangered/
If required, EPA will consult with U.S. FWS and/or NOAA before permit issuance
31
National Historic Preservation Act (NHPA) Analysis
NHPA requires EPA to ensure its permits will not likely affect cultural resources.
Permit applicants can get listing of local resources at http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome
If required, EPA will consult with State and/or Tribal Historic Preservation Officers.
32
Synthetic Minor Permits
Two forms to fill out New Source General Application Synthetic Minor Limit Application
Needs to include: The requested limitation How the limitation will affect actual or potential
emissions Monitoring, recordkeeping, and reporting to assure
compliance with the limitation Should include EPA Reference Methods when applicable Should include frequency, methods, and quality
assurance.
33
Synthetic Minor Permits
Needs to include (cont’d): Description and estimated efficiency of
pollution control equipment, if any Calculations or test results that are the
basis of the emissions estimates Estimates of GHG pollutants
34
Public Notice
Public notice announces the 30-day opportunity to review the draft permit and/or request a public hearing
Unlike state NSR rules, notice of tribal NSR minor source permits must be mailed to: Indian governing body State/local air pollution authorities with
jurisdiction
36
Basics on General Permits (GPs) and Permits by Rule (PBR)
Protect air quality while simplifying the permit process for similar minor sources
In the minor NSR context, these are preconstruction permits that cover pollution sources that have similar pieces of equipment and similar control requirements
Both contain a standard set of requirements that apply to specific equipment or activities
37
More Basics on GPs and PBR
Generally intended to cover smaller sources of emissions
Facility must obtain permit before construction and comply with terms when operating
They are optional; facility can choose to go through the regular minor NSR permitting process instead
38
More Basics on GPs and PBR
Development: Standardized terms and conditions are
developed for a category of sources or pollutant-emitting activity
Public notice and comment occurs before EPA finalizes the permit
A final GP or PBR is final agency action Permit terms:
Emission limits/requirements for control equipment, monitoring, record keeping and reporting requirements, etc.
39
Process for Source to Obtain Coverage
Source applies for coverage under the “umbrella” of the pre-established GP or PBR
Application requires less information than for a source-specific permit
Source must submit a copy of its request for coverage to the Tribe when it submits the request to the reviewing authority
40
Approval and Notification
Reviewing authority will issue an approval of the request for coverage if source qualifies
Reviewing authority will notify the public if it issues an approval of the request for coverage
Public can challenge whether sources qualifies for the GP or PBR, but may not challenge the terms and conditions of the permit
Public may be unaware of their review opportunities until the facility applies for coverage, which is too late to comment on the permit itself
41
General Permits and PBR will be Developed in Stages
Categories in Bundle #1 Gas dispensing facilities Auto body and miscellaneous surface coating Petroleum dry cleaners Rock crushing facilities Hot mix asphalt plants Landfills
Categories in Bundle #2: Boilers Engines Printing Operations (including degreasing/solvent cleaning) Stone Quarrying and Processing Concrete Batch Plant Saw Mills
Bundle #3: Oil and gas operations and production
42
Public Involvement Process
To establish PBR, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing)
To establish GPs, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing) or will provide notice and 30-day comment period and opportunity to request a hearing
43
Hands On Activity – Draft Auto Body Permit
Look through the permit application Look for the emissions limitations Find the corresponding Monitoring and
record keeping requirements Discuss how the information in the
application will be used to determine if the potential new source can use the general permit.
45
Summary
Minor NSR applies to sources with PTE below major source thresholds for PSD and NA NSR
Minor NSR permits can be used to create synthetic minors
Only true minor sources need to register True minors don’t need to apply for a permit unless
they construct or modify after 9-2-14 General permits and permits by rule reduce the
time, expense and complexity of preparation and review of permit applications but have different review opportunities compared to regular minor source permits
46
Questions to Ask Related to Permit Review
How should my tribe prioritize review of synthetic minor and/or minor permits?
If a priority, how should the review(s) be focused? Geographic areas Impact on cultural resources or endangered
species Pollutant of most concern Other concerns
How should my tribe prioritize review of registrations to assure completeness and accuracy?
48
Exempted Units and ActivitiesExempt units and activities:1. Mobile sources (Note: mobile ≠ portable)2. Ventilating units for comfort that do not exhaust air
pollutants into the ambient air from any manufacturing of other industrial processes
3. Noncommercial food preparation4. Consumer use of office equipment and products5. Janitorial services and consumer use of janitorial
products6. Internal combustion engines used for landscaping
purposes7. Bench scale laboratory activities, except for laboratory
fume hoods and vents
49
Proposed Exemptions
EPA’s proposed amendments to tribal NSR rules would add numerous exemptions, including: Some emergency generators Stationary internal combustion engines <50 hp Furnaces or boilers used for space heating Uses only gaseous fuel 10 mmBTU/hr heat input in AA, 5 mmBTU/hr in NAA Single family residences and residential buildings with
four or fewer dwelling units Air condition units used for human comfort that do not
exhaust air pollutants generated by manufacturing or industrial processes.
Forestry and silvicultural activities
Top Related