Transcript Commission on Environmental Quality

EPA Region IV
December 11-12, 2007
Atlanta, GA
Case Study: Permitting
Mississippi’s Experiences
Ethanol Production
 Three Permitted Sites
– None have completed construction
 Two Sites with Permits Pending
– One received approval to begin construction prior
to receiving permit
 Met specific criteria for pre-permit construction
approval
– One application is under our normal processing
Ethanol Production
 Processing efficiency has improved
during the last 30 years.
 In 2005, the use of ethanol reduced
the U.S. trade deficit by $8.7 billion by
eliminating the need to import 170
million barrels of oil.
– Source: LECG, LLC January 2006
Biodiesel
 Nine Permitted Sites
 Only a few have been constructed and
are producing.
Biodiesel
 Two Sites with Permits Pending
 Additional Pre-Application Meetings
Conducted
Driving Factors
 Production Incentives
– 2002 Farm Bill
Commodities Credit Corporation
– MS House Bill 1130 of 2002
 Established ethanol production incentives outlined
in MS Code 69-51-5.
– MS House Bill 960 of 2005
 Revised 69-51-5 to include biodiesel production
incentives
– MS 69-51-5 remains an unfunded program
 Tax Incentives
– IRS Tax Credits
Applicable Air
Emission Regulations
 Clean Air Act
– New Source Review
 Major Source Threshold?
– New Source Performance Standards
– NESHAP
 Specific MACT?
 State Requirements
Applicable Wastewater and
Storm Water Discharges
 Clean Water Act
– NPDES Effluent Guidelines?
– NPDES Storm Water
 State Requirements
– Pretreatment Effluent Guidelines?
– Pretreatment SIU?
– No Discharge Permit?
Practical Guidance
 Very little from EPA prior to 2006
 Considered what other states had done in
permitting
– Varied somewhat
Conservative Approach
Air Emissions
 Most proposed ethanol and biodiesel production
facilities identified 2869 as the appropriate SIC
Code. (Industrial Organic Chemicals, Not Elsewhere Classified)
 EPA clarified the major source threshold for NSR
May 1, 2007.
 Evaluate NSPS applicability
– Subparts A, RRR, NNN, VV, etc.
 Evaluate MACT applicability
– Subparts A, B, FFFF, GGGG, etc.
Multimedia
Guidance for
Ethanol
Production
http://www.epa.gov/region07/priorities/agriculture/ethanol_plants_manual.pdf
Facility Discharges
 NPDES Storm Water Construction
 NPDES Storm Water Baseline
 NPDES Non-Storm Water Discharges
– Process
 Applicable Effluent Guidelines?
– Non-Process
 Pretreatment (Indirect) Discharges
 Wastewater Treatment with No Discharge
Good Experiences
Bad Experiences
More Bad Experiences
More Bad Experiences
Contact Information
Bryan Collins, P.E., BCEE
Chief, Energy & Transportation Branch
Environmental Permits Division
Mississippi Department of Environmental Quality
601-961-5239
[email protected]
Questions?