Upload
geraldine-perry
View
214
Download
0
Tags:
Embed Size (px)
Citation preview
EPA - New Source ReviewEPA - New Source Review
Proposed NSRProposed NSR Rules for Indian CountryRules for Indian Country
Genevieve Damico, EPA Region 5Genevieve Damico, EPA Region 5
Presentation drafted by: Raj Rao, Jessica Montanez, Presentation drafted by: Raj Rao, Jessica Montanez, Wendy NamisnikWendy NamisnikOAQPS, USEPAOAQPS, USEPA
22
Here’s what we will coverHere’s what we will cover Purpose of NSR rules for Indian Purpose of NSR rules for Indian
countrycountry
Highlights of the proposed minor NSR Highlights of the proposed minor NSR rulerule
Examples of minor NSR permittingExamples of minor NSR permitting
Delegation, public participation, and Delegation, public participation, and administrative and judicial review administrative and judicial review
The proposed rulesThe proposed rules
33
Why do we Why do we need need Federal NSR Federal NSR rules in Indian country?rules in Indian country?
Fill existing regulatory NSR program gaps in Fill existing regulatory NSR program gaps in Indian country; currently no programs are in Indian country; currently no programs are in place for:place for: Minor NSRMinor NSR Nonattainment major NSRNonattainment major NSR
Provide a cost-effective and timely permitting Provide a cost-effective and timely permitting mechanismmechanism
Level the economic playing field with StatesLevel the economic playing field with States
44
How will Tribes How will Tribes benefitbenefit from the from the proposed Federal NSR rules?proposed Federal NSR rules?
Protect Tribal sovereignty from State incursionProtect Tribal sovereignty from State incursion
Provide equal opportunity for economic Provide equal opportunity for economic developmentdevelopment Establish clarity of requirements for sourcesEstablish clarity of requirements for sources Create a timely mechanism for obtaining permitsCreate a timely mechanism for obtaining permits Ensure that resources are protected through controlled Ensure that resources are protected through controlled
growthgrowth
Build Tribal capacityBuild Tribal capacity Supply potential model for Tribal Implementation Plan Supply potential model for Tribal Implementation Plan
(TIP) development(TIP) developmentSee appendix A for information on SIPs, TIPs, and FIPsSee appendix A for information on SIPs, TIPs, and FIPs
Allows tribes to administer the program through Allows tribes to administer the program through delegationdelegation
55
Which Which sourcessources in Indian Country will be in Indian Country will be affectedaffected by the proposed Federal NSR rules? by the proposed Federal NSR rules?
New minor sourcesNew minor sources New major sources locating in nonattainment New major sources locating in nonattainment
areas of Indian Countryareas of Indian Country
Existing minor sources making modificationsExisting minor sources making modifications
Existing major sources in nonattainment areas Existing major sources in nonattainment areas making minor or major modificationsmaking minor or major modifications
Major sources seeking to limit their potential to Major sources seeking to limit their potential to emit (PTE) and become synthetic minor sourcesemit (PTE) and become synthetic minor sources
66
Specifics of the Specifics of the Minor NSR ruleMinor NSR rule
77
What does the minor NSR rule What does the minor NSR rule apply toapply to?? New minor sourcesNew minor sources
• Sources with PTE equal to or above the minor NSR Sources with PTE equal to or above the minor NSR thresholds. thresholds.
Modifications at existing minor/major sourcesModifications at existing minor/major sources • When there is a physical or operational change at an When there is a physical or operational change at an
existing source that is existing source that is notnot subject to major NSR. subject to major NSR.• Emissions increase will be calculated based on allowable Emissions increase will be calculated based on allowable
emissions (i.e. emissions (i.e. “Allowable-to-allowable emissions test”). “Allowable-to-allowable emissions test”). See appendix B for a definition of allowable emissions.See appendix B for a definition of allowable emissions.
Synthetic minor sourcesSynthetic minor sources, including Hazardous Air , including Hazardous Air Pollutants (HAP) sourcesPollutants (HAP) sources• Major sources seeking to limit potential to emit below Major sources seeking to limit potential to emit below
the major source thresholdthe major source threshold
Proposed rule includes flowcharts to help!Proposed rule includes flowcharts to help!
88
Minor NSR Minor NSR thresholdsthresholds
Thresholds: cutoffs below which minor NSR does Thresholds: cutoffs below which minor NSR does not apply to a new minor source or modificationnot apply to a new minor source or modification
Thresholds are lower in nonattainment areas. For Thresholds are lower in nonattainment areas. For example:example: Ozone attainment areas – 10 tpy NOxOzone attainment areas – 10 tpy NOx Ozone nonattainment areas – 5 tpy NOxOzone nonattainment areas – 5 tpy NOx
An analysis of stationary sources across the An analysis of stationary sources across the country to evaluate the percentage of sources country to evaluate the percentage of sources that would be exempt from this rules if the that would be exempt from this rules if the thresholds applied nationally showed that:thresholds applied nationally showed that: Sources and modifications with emissions Sources and modifications with emissions
below the thresholds are inconsequential to below the thresholds are inconsequential to attainment and maintenance of the NAAQSattainment and maintenance of the NAAQS
99
Minor NSR Minor NSR thresholds thresholds (continued)(continued)
Regulated NSR PollutantFor Nonattainment
Areas (tpy)For Attainment
Areas (tpy)Carbon monoxide (CO) 5 10
Oxides of nitrogen (NOx) 5; (0 for Extreme Ozone Areas) 10
Sulfur dioxide (SO2) 5 10
Volatile organic compounds (VOC) 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 10
1010
What are the minor NSR rule What are the minor NSR rule requirementsrequirements??
Main requirements are:Main requirements are: Case-by-case control technology reviewCase-by-case control technology review Air Quality Impact Analysis (AQIA) in rare casesAir Quality Impact Analysis (AQIA) in rare cases Monitoring, recordkeeping, and reporting as Monitoring, recordkeeping, and reporting as
needed to assure complianceneeded to assure compliance Public participation, administrative and judicial Public participation, administrative and judicial
reviewreview
Tribes may request delegationTribes may request delegation
1111
Minor NSR Minor NSR permitspermits Typical/common type of permitTypical/common type of permit – individual emissions units – individual emissions units
are issued enforceable allowable emissions limits (tpy) are issued enforceable allowable emissions limits (tpy)
Source-wide permitSource-wide permit – a Plantwide Applicability Limitation – a Plantwide Applicability Limitation (PAL) is issued for the entire source, regardless of the (PAL) is issued for the entire source, regardless of the number of emissions unitsnumber of emissions units Beneficial for sources needing flexibility to make rapid changesBeneficial for sources needing flexibility to make rapid changes Requires increased monitoringRequires increased monitoring
General permit General permit -- a standard permit created by the a standard permit created by the permitting agency for common source categories, i.e. gas permitting agency for common source categories, i.e. gas stations, dry cleaners, etc.stations, dry cleaners, etc.
Synthetic minor source permits Synthetic minor source permits –– major sources seeking to major sources seeking to limit potential to emit to become synthetic minor sourceslimit potential to emit to become synthetic minor sources
1212
Let’s apply what we’ve learned Let’s apply what we’ve learned about minor NSR with about minor NSR with
some some practical examplespractical examples
1313
Example 1Example 1 Asphalt Batch PlantAsphalt Batch Plant
Source information:Source information: Process capacity of 300 tons Process capacity of 300 tons
per hourper hour Dryer burner capacity of 60 Dryer burner capacity of 60
MMBtu per hourMMBtu per hour Aggregate piles and conveyorsAggregate piles and conveyors Roadway dustRoadway dust
Area is in attainment for all Area is in attainment for all pollutantspollutants
Source owner applies for a Source owner applies for a typical/common permittypical/common permit
http://conquip.us/html/asphalt_plant_pictures.html
1414
Asphalt Plant – ReviewAsphalt Plant – Review
Case-by-case control technology review:Case-by-case control technology review: PM/PMPM/PM1010::
• Cyclone and baghouse for dryer and Cyclone and baghouse for dryer and capture system on screens/bins/mixercapture system on screens/bins/mixer
• Dust suppressant for roadwaysDust suppressant for roadways• Shrouding for conveyor transfer pointsShrouding for conveyor transfer points• No control for aggregate pilesNo control for aggregate piles
NOx, VOC, and CO: NOx, VOC, and CO: Combustion of natural gas or Liquid Combustion of natural gas or Liquid
Petroleum Gas (LPG) with good Petroleum Gas (LPG) with good combustion practicescombustion practices
SOSO22: : Less than minor NSR threshold – not Less than minor NSR threshold – not
subject to the rulesubject to the rule
No AQIA required – NAAQS not threatenedNo AQIA required – NAAQS not threatened
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
1515
Asphalt Plant – PermitAsphalt Plant – Permit
Emission limits placed on baghouse Emission limits placed on baghouse exhaust for PM, PMexhaust for PM, PM1010, , NOx, VOC, CONOx, VOC, CO
Initial compliance test, with re-tests Initial compliance test, with re-tests every 3 yearsevery 3 years
Baghouse inspection and maintenance Baghouse inspection and maintenance programprogram
1616
Example 2 Example 2 Minor Source PAL Permit for a Lumber MillMinor Source PAL Permit for a Lumber Mill
Existing operation consists of Existing operation consists of four emissions units: sawmill, four emissions units: sawmill, planing machine, wood planing machine, wood waste-fired boiler, and drying waste-fired boiler, and drying kilnkiln
Existing operation qualifies as Existing operation qualifies as a minor source for all a minor source for all pollutants emittedpollutants emitted
Plant owner intends to get Plant owner intends to get into the millwork business in into the millwork business in the future and add new the future and add new emissions unitsemissions units
http://plantsci.sdstate.edu/woodardh/Soils_and_Ag/Black_Hills/
1717
Lumber Mill PAL – ReviewLumber Mill PAL – Review
Owner requests minor source PALs for PMOwner requests minor source PALs for PM1010 and and VOC to provide operational flexibilityVOC to provide operational flexibility
Reviewing authority performs control technology Reviewing authority performs control technology review for emissions units that emit these review for emissions units that emit these pollutants:pollutants: PMPM1010 – sawmill, planer, boiler – sawmill, planer, boiler VOC – kiln, boilerVOC – kiln, boiler
No AQIA requiredNo AQIA required
1818
Lumber Mill PAL – PermitLumber Mill PAL – Permit Permit issued after public participation:Permit issued after public participation:
Minor source PALs (allowable tpy limits) based Minor source PALs (allowable tpy limits) based on the short-term limits at 24 hrs/day, 365 on the short-term limits at 24 hrs/day, 365 days/yrdays/yr
Monitoring to assure compliance with the PALsMonitoring to assure compliance with the PALs• Actual mass emissions Actual mass emissions • For each 12-month period, rolled monthlyFor each 12-month period, rolled monthly• Based on site-specific emission factors Based on site-specific emission factors
developed through testingdeveloped through testing
Owner may make any modifications at the source Owner may make any modifications at the source as long as total emissions stay as long as total emissions stay within the PAL within the PAL limitslimits
1919
Example 3 Example 3 General Permit for a Natural Gas Gathering FacilityGeneral Permit for a Natural Gas Gathering Facility
EPA Regional Office EPA Regional Office develops a general develops a general permit, going through permit, going through public participationpublic participation
To qualify for coverage, a To qualify for coverage, a new natural gas gathering new natural gas gathering facility may not exceed:facility may not exceed: PMPM1010 – 10 tpy – 10 tpy
SOSO22 – 25 tpy – 25 tpy
VOC – 25 tpyVOC – 25 tpy CO – 95 tpyCO – 95 tpy NOx – 95 tpyNOx – 95 tpy
http://www.aet.com/hugoton.htm
2020
General Permit – RequirementsGeneral Permit – Requirements
Burn natural gas to comply for PMBurn natural gas to comply for PM1010,VOC, ,VOC, SOSO22, CO, and NOx, CO, and NOx
For SOFor SO22, natural gas must have sulfur , natural gas must have sulfur content less than 154 ppm (w/ periodic content less than 154 ppm (w/ periodic testing)testing)
For CO and NOx, perform an initial For CO and NOx, perform an initial performance testperformance test
2121
General Permit – CoverageGeneral Permit – Coverage
Owner of planned new facility applies Owner of planned new facility applies for general permitfor general permit
Reviewing authority sends a letter of Reviewing authority sends a letter of approval (or disapproval)approval (or disapproval)
Owner constructs facility as Owner constructs facility as permitted and posts notice of permitted and posts notice of approval at the siteapproval at the site
2222
Example 4 Example 4 Synthetic Minor Permit for a Wood Furniture FactorySynthetic Minor Permit for a Wood Furniture Factory
Furniture manufacturing factory Furniture manufacturing factory conducts surface-coating conducts surface-coating operations in an ozone operations in an ozone attainment areaattainment area
PTE for VOC is 400 tpy at 24 PTE for VOC is 400 tpy at 24 hrs/day, 7 days/wk (8,760 hrs/day, 7 days/wk (8,760 hrs/yr)hrs/yr)
Actual operations are typically 8 Actual operations are typically 8 hrs/day, 5 days/wk (2,080 hrs/day, 5 days/wk (2,080 hrs/yr)hrs/yr)
http://www.essexcoatings.com/
2323
Synthetic Minor Furniture Factory – PermitSynthetic Minor Furniture Factory – Permit
Owner requests a synthetic minor permit for VOCOwner requests a synthetic minor permit for VOC
Permit limits operating hours to 5,000 hrs/yr:Permit limits operating hours to 5,000 hrs/yr: Reduces PTE to 230 tpyReduces PTE to 230 tpy Allows for increased utilization at the facilityAllows for increased utilization at the facility
Monitoring - facility must track and record actual Monitoring - facility must track and record actual hours of operationhours of operation
Permit issued after public participationPermit issued after public participation
2424
Delegation, Public Participation, andDelegation, Public Participation, and Administrative and Judicial Review Administrative and Judicial Review
for for both rulesboth rules
2525
DelegationDelegation We encourage you to seek delegation of authority to We encourage you to seek delegation of authority to
assist EPA with administration of both rulesassist EPA with administration of both rules
To apply for delegation:To apply for delegation: Your Tribe must be recognized by the Secretary of InteriorYour Tribe must be recognized by the Secretary of Interior Your Tribal laws must provide adequate authorityYour Tribal laws must provide adequate authority You must demonstrate technical capacity and resourcesYou must demonstrate technical capacity and resources
EPA retains enforcement authorityEPA retains enforcement authority
If your Tribe develops a TIP, it may use these rules If your Tribe develops a TIP, it may use these rules as modelsas models
2626
Public participationPublic participation Draft permit, application, and justification for Draft permit, application, and justification for
permit issuance/denial available for inspection at:permit issuance/denial available for inspection at: EPA Regional OfficeEPA Regional Office At least one location in the area, for example at the At least one location in the area, for example at the
Tribal environmental officeTribal environmental office
Public notice with 30-day public comment period Public notice with 30-day public comment period
Public notice may be posted at locations such as Public notice may be posted at locations such as trading posts, libraries, post offices, etc., as trading posts, libraries, post offices, etc., as appropriateappropriate
Opportunity for a public hearing, if sufficient Opportunity for a public hearing, if sufficient interestinterest
2727
AdministrativeAdministrative and and judicial reviewjudicial review
You may appeal the final permit if:You may appeal the final permit if: You commented on the draft permit; orYou commented on the draft permit; or The grounds for appeal occurred after the The grounds for appeal occurred after the
public comment period endedpublic comment period ended
First, you must appeal to EPA’s First, you must appeal to EPA’s Environmental Appeals Board (EAB)Environmental Appeals Board (EAB)
If denied by EAB, you may appeal to If denied by EAB, you may appeal to Federal CourtFederal Court
2828
What kind of comments did What kind of comments did USEPA receiveUSEPA receive
2929
Who CommentedWho Commented
26 Tribe/Tribal group comments (T)15 industry/industrial group comments (I)8 private citizen comments7 State/local air agency comments (S/L)1 environmental group comment (E)57 total comments
3030
What were some of the commentsWhat were some of the comments
The minor NSR rule should reflect the The minor NSR rule should reflect the minor NSR rules in the surrounding minor NSR rules in the surrounding States to “level the playing field.”States to “level the playing field.”
Modifications should be defined as an Modifications should be defined as an increase in actual instead of allowable increase in actual instead of allowable emissions Minor NSR thresholds should emissions Minor NSR thresholds should be increasedbe increased
3131
What were some of the commentsWhat were some of the comments
Comments on proposed case-by-case Comments on proposed case-by-case Control Technology Review ranged from Control Technology Review ranged from support for the proposal to opposition to support for the proposal to opposition to any control technology requirement. any control technology requirement. Several commenters prefer a more Several commenters prefer a more definitive system with either standard definitive system with either standard requirements for specific types of sources requirements for specific types of sources (presumptive BACT for oil & gas (presumptive BACT for oil & gas production sites mentioned frequently by production sites mentioned frequently by industry commenters) or a standardized industry commenters) or a standardized process for determining control process for determining control requirements. requirements.
3232
What were some of the commentsWhat were some of the comments
Permit issuance process is too lengthy; Permit issuance process is too lengthy; streamlined process needs to be developed.streamlined process needs to be developed.
Not enough consultation with stakeholders by Not enough consultation with stakeholders by EPA in developing these rules. Tribes and EPA in developing these rules. Tribes and industry want to be more involved and have industry want to be more involved and have more input in the process.more input in the process.
The oil & gas industry commented that the The oil & gas industry commented that the proposed minor NSR rule will be too proposed minor NSR rule will be too burdensome (and needs to be like surrounding burdensome (and needs to be like surrounding States). States).
EPA needs to have the resources in place EPA needs to have the resources in place immediately to implement the program without immediately to implement the program without delaying projects. delaying projects.
3333
Appendix AAppendix ASSIPs, TIPs, and FIPsIPs, TIPs, and FIPs
Implementation PlansImplementation Plans – a set of programs and regulations developed by the – a set of programs and regulations developed by the appropriate regulatory agency in order to assure that the NAAQS are attained 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, 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 depending on which has jurisdiction in a particular area. For that reason, there are three kinds of implementation plans:are three kinds of implementation plans:
State Implementation Plan (SIP)State Implementation Plan (SIP) – plan that reflects each state’s particular – plan that reflects each state’s particular needs and air quality issues, but that must meet certain federal standards. The 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 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 submit an approvable SIP within the schedules provided in the CAA, sanctions are imposed on the state.are imposed on the state.
Tribal Implementation Plan (TIP)Tribal Implementation Plan (TIP) - a tribe’s plan for improving for maintaining or - a tribe’s plan for improving for maintaining or improving its air quality. A TIP can be designed to respond to the tribe’s 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 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 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), amended in 1990 and as implemented through the Tribal Air Rule (TAR), provides for tribal implementation of CAA programs.provides for tribal implementation of CAA programs.
Federal Implementation Plan (FIP)Federal Implementation Plan (FIP) – plan that assures that the NAAQS are – plan that assures that the NAAQS are attained and maintained when a state fails to or a tribe elects not to develop 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 their implementation plan respectively. EPA has the responsibility under the CAA to ensure that public health and the environment are protected.CAA to ensure that public health and the environment are protected.
3434
Appendix BAppendix BAllowable EmissionsAllowable Emissions
Allowable emissionsAllowable emissions – the emissions rate calculated – the emissions rate calculated using the maximum rated capacity of the source using the maximum rated capacity of the source (unless the source is subject to federally (unless the source is subject to federally enforceable limits which restrict the operating rate, enforceable limits which restrict the operating rate, or hours of operation, or both) and the most or hours of operation, or both) and the most stringent of the following:stringent of the following:
– Applicable standards as set forth in 40CFR parts 60 and Applicable standards as set forth in 40CFR parts 60 and 61;61;
– Any applicable SIP or TIP emissions limitation, including Any applicable SIP or TIP emissions limitation, including those with a future compliance date; orthose with a future compliance date; or
– The emissions rate specified as a federally enforceable The emissions rate specified as a federally enforceable permit condition, including those with a future permit condition, including those with a future compliance date. compliance date.