Tribal Minor New Source Review
Permitting
Kaushal Gupta, Environmental Engineer, Air Permits Section
USEPA Region 5 Air & Radiation Division
Tribal Minor NSR & Title V Permit Review Training
June 11, 2013
U.S. Environmental Protection Agency
Why do we need permits?
• Permitting process makes source do its “homework.”
• Permit creates a point of contact and establishes responsible
officials on both sides.
• Permit sorts out which regulations apply.
• Permit tells source what it must do to comply.
• Permit tells public that the source is subject.
• Increases effectiveness of compliance and enforcement.
• Reduces source to a “number” that fits into an overall air quality
picture.
U.S. Environmental Protection Agency
2
Minor NSR Permitting Process
U.S. Environmental Protection Agency
Start: Geographic factor
• Source must be located in Indian country in order to be subject.
• EPA’s definition of Indian country for purposes of Tribal minor
NSR:
– All land within the limits of any Indian reservation under the jurisdiction of
the United States Government, notwithstanding the issuance of any patent
and including rights-of-way running through the reservation,
– All dependent Indian communities within the borders of the United States,
whether within the original or subsequently acquired territory thereof and
whether within or without the limits of a state, and
– All Indian allotments, the Indian titles to which have not been extinguished,
including rights-of-way running through the same.
(40 C.F.R. 71.2)
U.S. Environmental Protection Agency
Start: Geographic factor
• Not subject to Tribal NSR:
– Source located in State jurisdiction, but very close to
boundary with tribe
– Source located in State jurisdiction, but emissions may waft
over to tribal land
• May be subject to Tribal NSR:
– Source located in both tribal and State jurisdiction (may need
a permit from each).
– Source located in tribal jurisdiction, but received a permit
from a State agency.
U.S. Environmental Protection Agency
Is unit or activity exempt?
Exempt 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 preparation
4. Consumer use of office equipment and products
5. Janitorial services and consumer use of janitorial products
6. Internal combustion engines used for landscaping purposes
7. Bench scale laboratory activities, except for laboratory fume
hoods and vents.
U.S. Environmental Protection Agency
Proposed exempt units
May soon be added to list of exempt units:
1.
Emergency generators
Designed solely for purpose of providing electrical power during
power outages
Does not include:
-
-
Peaking units at electric utilities
Generators at industrial facilities that typically operate at low rates,
but are not confined to emergency purposes
Standby generator that is used during time periods when power is
available from the utility.
Capacity below 1,000 hp in AA, below 500 in NAA
U.S. Environmental Protection Agency
Proposed exempt units cont’d
2.
3.
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
4. Single family residences and residential buildings with four or fewer
dwelling units.
5. Air condition units used for human comfort that do not exhaust air
pollutants generated by manufacturing or industrial processes.
6. Forestry and silvicultural activities.
Also: exemption for noncommercial food preparation may be expanded to cover
commercial fast food and standalone restaurants.
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Determine Potential to Emit (PTE)
• If not exempt due to geography or source category,
have to calculate the PTE from affected emissions
units.
• Emissions unit: a piece of equipment that emit air
pollutants at a stationary source.
• Affected emissions units are (40 C.F.R. §
49.152(d)):
– For a proposed new minor source, all the emissions units.
– For a proposed modification, the new, modified and
replacement emissions units involved in the modification.
U.S. Environmental Protection Agency
PTE Defined
• The highest amounts of pollutants that the
source could release into the air based on the
equipment design (calculated per pollutant).
• May take into account:
– Emissions controls
– Enforceable limitations on operations (e.g. a
previously issued permit)
U.S. Environmental Protection Agency
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
U.S. Environmental Protection Agency
Fugitive or Nonfugitive?
U.S. Environmental Protection Agency
When to include fugitives in PTE calc.
• Includes 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
U.S. Environmental Protection Agency
PTE Policy for 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.
U.S. Environmental Protection Agency
PTE Calculation Methods
• Examples:
– On-site measurement
– Vendor design capacity or rated capacity
information
– Material balance calculations
– Emission Factors
U.S. Environmental Protection Agency
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 must apply for a permit.
U.S. Environmental Protection Agency
Minor Source Applicability Thresholds
U.S. Environmental Protection Agency
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.
U.S. Environmental Protection Agency
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
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Major, Synthetic Minor, or True Minor?
• Source must apply for a major source permit (e.g. PSD permit) if
PTE ≥ major source threshold (generally 250 tpy in AA, 100 tpy
in NAA)
• Source may apply for a minor permit, as a synthetic minor, if
PTE ≥ major source threshold, but source can control its actual
emissions to below major source threshold
• Source must apply for minor source permit, as a true minor, if
PTE < major source threshold and ≥ minor source threshold.
U.S. Environmental Protection Agency
Synthetic Minor Permit Application
• Two forms to fill out
(http://www.epa.gov/air/tribal/tribalnsr.html):
– New Source General Application
– Synthetic Minor Limit Application
U.S. Environmental Protection Agency
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.
U.S. Environmental Protection Agency
Synthetic Minor Limit Application
• 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
U.S. Environmental Protection Agency
True Minor Permit Application
• Fill out only the 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
U.S. Environmental Protection Agency
True Minor Permit Application
• New Source General Application Form (cont’d)
– Proposed operating schedule
– Emissions controls and their efficiencies
– Emissions estimates for the regulated pollutants, on an
emissions unit basis.
– Air Quality Impact Analysis (AQIA), if required
– Endangered Species Act (ESA) analysis, if required
– National Historic Preservation Act (NHPA) analysis, if
required
U.S. Environmental Protection Agency
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.
U.S. Environmental Protection Agency
AQIA cont’d
• 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
U.S. Environmental Protection Agency
AQIA cont’d
• Modeling process
1.
2.
3.
4.
5.
Qualitative assessment
Screening analysis
Refined modeling
PSD increment and NAAQS analysis
Additional Impact Analysis
U.S. Environmental Protection Agency
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.
U.S. Environmental Protection Agency
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.
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Permit Drafting
• Application completeness determination
– Within 45 days (60 days for synthetic minors),
EPA reviews the application and sends source a
completeness finding or request for additional
information.
– Application is automatically deemed complete if
EPA sends nothing in 45 days.
U.S. Environmental Protection Agency
Permit Drafting cont’d
• After application deemed complete, EPA
drafts:
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–
–
–
Permit
Technical support document
Public notice
Documentation for consultations with U.S. FWS,
NOAA, SHPO, THPO, if necessary
U.S. Environmental Protection Agency
Timelines
• Permit granted within:
– One year after application is deemed complete for
a synthetic minor.
– 135 days after application is deemed complete for
a true minor
– 90 days after request for coverage is deemed
complete for a general permit
U.S. Environmental Protection Agency
Public Noticing
• Public notice announces the 30-day opportunity to review the
draft permit and/or request a public hearing.
• Rule requires PN to be mailed to:
– Indian governing body
– State/local air pollution authorities with jurisdiction
• Rule allows additional PN postings to:
– Email list
– Local newspaper
– Public areas (post offices, libraries, Tribal environmental offices,
community centers, etc.)
– Other appropriate forums
U.S. Environmental Protection Agency
Final Issuance
• EPA notifies applicant and the public of
decision to grant/deny permit.
• Final permit becomes effective 30 days after
service of notice unless:
– Permit specifies later date (or effective
immediately if no comments received)
– Permit is appealed
U.S. Environmental Protection Agency
Appeal
• Appeal = petition to the Environmental Appeals
Board to review the final permitting decision.
• May be filed by anyone who commented on the draft
permit or participated in the public hearing during the
30-day public review period.
– Others may only appeal on the changes between the draft
and final versions, and only on the grounds that the changes
weren’t reasonably ascertainable.
U.S. Environmental Protection Agency
Appeal cont’d
• Petition must state the reasons the EAB should review the
decision (limited to the issues brought up during public comment
period)
• The permit terms in question are stayed until the EAB issues a
decision.
• Motion to reconsider the EAB’s final order may be filed within 10
days.
• Federal Court of Appeals is next step of review sought after all
administrative options have been exhausted.
U.S. Environmental Protection Agency
Region 5’s Tribal Permit Website
• http://www.epa.gov/region5/air/permits/index.html
– Click “U.S. EPA-Issued Permits”
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency