Transcript itep_minor nsr damico.ppt

EPA - New Source Review
Proposed NSR
Rules for Indian Country
Genevieve Damico, EPA Region 5
Presentation drafted by: Raj Rao, Jessica Montanez,
Wendy Namisnik
OAQPS, USEPA
Here’s what we will cover
 Purpose
country
of NSR rules for Indian
 Highlights
of the proposed minor NSR
 Examples
of minor NSR permitting
rule
 Delegation,
public participation, and
administrative and judicial review
 The
proposed rules
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Why do we need Federal NSR
rules in Indian country?

Fill existing regulatory NSR program gaps in
Indian country; currently no programs are in
place for:
 Minor NSR
 Nonattainment major NSR

Provide a cost-effective and timely permitting
mechanism

Level the economic playing field with States
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How will Tribes benefit from the
proposed Federal NSR rules?

Protect Tribal sovereignty from State incursion

Provide equal opportunity for economic
development
 Establish clarity of requirements for sources
 Create a timely mechanism for obtaining permits
 Ensure that resources are protected through controlled
growth

Build Tribal capacity
 Supply potential model for Tribal Implementation Plan
(TIP) development
See appendix A for information on SIPs, TIPs, and FIPs
 Allows tribes to administer the program through
delegation
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Which sources in Indian Country will be
affected by the proposed Federal NSR rules?




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New minor sources
New major sources locating in nonattainment
areas of Indian Country
Existing minor sources making modifications
Existing major sources in nonattainment areas
making minor or major modifications
Major sources seeking to limit their potential to
emit (PTE) and become synthetic minor sources
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Specifics of the
Minor NSR rule
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What does the minor NSR rule apply to?

New minor sources
• Sources with PTE equal to or above the minor NSR
thresholds.

Modifications at existing minor/major sources
• When there is a physical or operational change at an
existing source that is not subject to major NSR.
•

Emissions increase will be calculated based on allowable
emissions (i.e. “Allowable-to-allowable emissions test”).
See appendix B for a definition of allowable emissions.
Synthetic minor sources, including Hazardous Air
Pollutants (HAP) sources
• Major sources seeking to limit potential to emit below
the major source threshold
Proposed rule includes flowcharts to help!
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Minor NSR thresholds



Thresholds: cutoffs below which minor NSR does
not apply to a new minor source or modification
Thresholds are lower in nonattainment areas. For
example:
 Ozone attainment areas – 10 tpy NOx
 Ozone nonattainment areas – 5 tpy NOx
An analysis of stationary sources across the
country to evaluate the percentage of sources
that would be exempt from this rules if the
thresholds applied nationally showed that:
 Sources and modifications with emissions
below the thresholds are inconsequential to
attainment and maintenance of the NAAQS
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Minor NSR thresholds (continued)
For Nonattainment
Areas (tpy)
For Attainment
Areas (tpy)
Carbon monoxide (CO)
5
10
Oxides of nitrogen (NOx)
5; (0 for Extreme Ozone Areas)
10
5
10
2; (0 for Extreme Ozone Areas)
5
PM
5
10
PM-10
1
5
PM-2.5
0.6
3
Lead
0.1
0.1
Fluorides
NA
1
Sulfuric acid mist
NA
2
Hydrogen sulfide (H2S)
NA
2
Total reduced sulfur (including H2S)
NA
2
Reduced sulfur compounds (including H2S)
NA
2
Municipal waste combustor emissions
NA
2
Municipal solid waste landfills emissions
NA
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Regulated NSR Pollutant
Sulfur dioxide (SO2)
Volatile organic compounds (VOC)
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What are the minor NSR rule
requirements?


Main requirements are:
 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
Tribes may request delegation
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Minor NSR permits

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Typical/common type of permit – individual emissions units
are issued enforceable allowable emissions limits (tpy)
Source-wide permit – a Plantwide Applicability Limitation
(PAL) is issued for the entire source, regardless of the
number of emissions units
 Beneficial for sources needing flexibility to make rapid changes
 Requires increased monitoring


General permit - a standard permit created by the
permitting agency for common source categories, i.e. gas
stations, dry cleaners, etc.
Synthetic minor source permits – major sources seeking to
limit potential to emit to become synthetic minor sources
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Let’s apply what we’ve learned
about minor NSR with
some practical examples
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Example 1
Asphalt Batch Plant

Source information:
 Process capacity of 300 tons
per hour
 Dryer burner capacity of 60
MMBtu per hour
 Aggregate piles and conveyors
 Roadway dust


Area is in attainment for all
pollutants
http://conquip.us/html/asphalt_plant_pictures.html
Source owner applies for a
typical/common permit
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Asphalt Plant – Review

Case-by-case control technology review:
 PM/PM10:
• Cyclone and baghouse for dryer and
capture system on screens/bins/mixer
• Dust suppressant for roadways
• Shrouding for conveyor transfer points
• No control for aggregate piles
 NOx, VOC, and CO:

Combustion of natural gas or Liquid
Petroleum Gas (LPG) with good
combustion practices
 SO2:


Less than minor NSR threshold – not
subject to the rule
Cyclones – reduce the inlet
loading of particulate matter to
downstream collection devices,
by removing larger abrasive
particles
Baghouses - An air pollution
control device used to trap
particles by filtering gas
streams through large cloth or
fiberglass bags
LPG - Propane, butane, or
propane-butane mixtures
derived from crude oil refining
or natural gas fractionation
Shrouding – a screen or
cover that reduces the amount
of particulate matter that flies
away at transfer points
No AQIA required – NAAQS not threatened
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Asphalt Plant – Permit
 Emission
limits placed on baghouse
exhaust for PM, PM10, NOx, VOC, CO
 Initial
compliance test, with re-tests
every 3 years
 Baghouse
program
inspection and maintenance
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Example 2
Minor Source PAL Permit for a Lumber Mill


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Existing operation consists of
four emissions units: sawmill,
planing machine, wood
waste-fired boiler, and drying
kiln
Existing operation qualifies as
a minor source for all
pollutants emitted
Plant owner intends to get
into the millwork business in
the future and add new
emissions units
http://plantsci.sdstate.edu/woodardh/Soils_and_Ag/Black_Hills/
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Lumber Mill PAL – Review

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
Owner requests minor source PALs for PM10 and
VOC to provide operational flexibility
Reviewing authority performs control technology
review for emissions units that emit these
pollutants:
 PM10 – sawmill, planer, boiler
 VOC – kiln, boiler
No AQIA required
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Lumber Mill PAL – Permit

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Permit issued after public participation:
 Minor source PALs (allowable tpy limits) based
on the short-term limits at 24 hrs/day, 365
days/yr
 Monitoring to assure compliance with the PALs
• Actual mass emissions
• For each 12-month period, rolled monthly
• Based on site-specific emission factors
developed through testing
Owner may make any modifications at the source
as long as total emissions stay within the PAL
limits
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Example 3
General Permit for a Natural Gas Gathering Facility

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EPA Regional Office
develops a general
permit, going through
public participation
To qualify for coverage, a
new natural gas gathering
facility may not exceed:





PM10 – 10 tpy
SO2 – 25 tpy
VOC – 25 tpy
CO – 95 tpy
NOx – 95 tpy
http://www.aet.com/hugoton.htm
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General Permit – Requirements



Burn natural gas to comply for PM10,VOC,
SO2, CO, and NOx
For SO2, natural gas must have sulfur
content less than 154 ppm (w/ periodic
testing)
For CO and NOx, perform an initial
performance test
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General Permit – Coverage
 Owner
of planned new facility applies
for general permit
 Reviewing
authority sends a letter of
approval (or disapproval)
 Owner
constructs facility as
permitted and posts notice of
approval at the site
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Example 4
Synthetic Minor Permit for a Wood Furniture Factory

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Furniture manufacturing factory
conducts surface-coating
operations in an ozone
attainment area
PTE for VOC is 400 tpy at 24
hrs/day, 7 days/wk (8,760
hrs/yr)
Actual operations are typically 8
hrs/day, 5 days/wk (2,080
hrs/yr)
http://www.essexcoatings.com/
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Synthetic Minor Furniture Factory – Permit

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Owner requests a synthetic minor permit for VOC
Permit limits operating hours to 5,000 hrs/yr:
 Reduces PTE to 230 tpy
 Allows for increased utilization at the facility
Monitoring - facility must track and record actual
hours of operation
Permit issued after public participation
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Delegation, Public Participation, and
Administrative and Judicial Review
for both rules
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Delegation


We encourage you to seek delegation of authority to
assist EPA with administration of both rules
To apply for delegation:
 Your Tribe must be recognized by the Secretary of Interior
 Your Tribal laws must provide adequate authority
 You must demonstrate technical capacity and resources


EPA retains enforcement authority
If your Tribe develops a TIP, it may use these rules
as models
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Public participation

Draft permit, application, and justification for
permit issuance/denial available for inspection at:
 EPA Regional Office
 At least one location in the area, for example at the
Tribal environmental office



Public notice with 30-day public comment period
Public notice may be posted at locations such as
trading posts, libraries, post offices, etc., as
appropriate
Opportunity for a public hearing, if sufficient
interest
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Administrative and judicial review

You may appeal the final permit if:
 You commented on the draft permit; or
 The grounds for appeal occurred after the
public comment period ended


First, you must appeal to EPA’s
Environmental Appeals Board (EAB)
If denied by EAB, you may appeal to
Federal Court
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What kind of comments did
USEPA receive
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Who Commented
26 Tribe/Tribal group comments (T)
15 industry/industrial group comments (I)
8 private citizen comments
7 State/local air agency comments (S/L)
1 environmental group comment (E)
57 total comments
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What were some of the comments


The minor NSR rule should reflect the
minor NSR rules in the surrounding
States to “level the playing field.”
Modifications should be defined as an
increase in actual instead of allowable
emissions Minor NSR thresholds should
be increased
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What were some of the comments

Comments on proposed case-by-case
Control Technology Review ranged from
support for the proposal to opposition to
any control technology requirement.
Several commenters prefer a more
definitive system with either standard
requirements for specific types of sources
(presumptive BACT for oil & gas
production sites mentioned frequently by
industry commenters) or a standardized
process for determining control
requirements.
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What were some of the comments

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Permit issuance process is too lengthy;
streamlined process needs to be developed.
Not enough consultation with stakeholders by
EPA in developing these rules. Tribes and
industry want to be more involved and have
more input in the process.
The oil & gas industry commented that the
proposed minor NSR rule will be too
burdensome (and needs to be like surrounding
States).
EPA needs to have the resources in place
immediately to implement the program without
delaying projects.
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Appendix A
SIPs, TIPs, and FIPs

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Implementation Plans – a set of programs and regulations developed by
the appropriate regulatory agency in order to assure that the NAAQS are
attained and maintained. These plans can be developed by the state,
tribe, or EPA, depending on which has jurisdiction in a particular area. For
that reason, there are three kinds of implementation plans:
State Implementation Plan (SIP) – plan that reflects each state’s particular
needs and air quality issues, but that must meet certain federal standards.
The EPA’s requirements for SIPs are laid out in 40 CFR part 51. If a state
fails to submit an approvable SIP within the schedules provided in the
CAA, sanctions are imposed on the state.
Tribal Implementation Plan (TIP) - a tribe’s plan for improving for
maintaining or improving its air quality. A TIP can be designed to respond
to the tribe’s particular air quality goals and values, and can be changed
over time to reflect the changing air quality concerns of the tribe. Section
301(d) of the CAA as amended in 1990 and as implemented through the
Tribal Air Rule (TAR), provides for tribal implementation of CAA programs.
Federal Implementation Plan (FIP) – plan that assures that the NAAQS are
attained and maintained when a state fails to or a tribe elects not to
develop their implementation plan respectively. EPA has the responsibility
under the CAA to ensure that public health and the environment are
protected.
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Appendix B
Allowable Emissions
Allowable emissions – the emissions rate calculated
using the maximum rated capacity of the source
(unless the source is subject to federally
enforceable limits which restrict the operating rate,
or hours of operation, or both) and the most
stringent of the following:
– Applicable standards as set forth in 40CFR parts 60 and
61;
– Any applicable SIP or TIP emissions limitation, including
those with a future compliance date; or
– The emissions rate specified as a federally enforceable
permit condition, including those with a future
compliance date.
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