Carrie Paige – EPA Region 6, DallasDavid Cole – EPA OAQPS, RTP, NC

Introduction to Air Permits

What is an air permit?

• Permission to construct (preconstruction) or operate a facility that releases air pollution

• Tool to keep air pollution limited and enforceable

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What air pollutants are addressed in permits?

• 6 NAAQS “Criteria” Pollutants: SO2, PM, CO, O3, NO2, and Pb

• 187 Hazardous Air Pollutants (HAP)

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Two types of air permits

• New Source Review (NSR) Permits (preconstruction)

• Title V Operating Permits (after construction)

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NSR Permits(preconstruction)

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NSR (preconstruction) Permits

• Prevention of Significant Deterioration (PSD)– preconstruction review in attainment

areas; CAA Title I, Part C

• Nonattainment NSR– preconstruction review in NAAs– CAA Title I, Part D

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Components of NSR

New Source Review(NSR)

(preconstruction)

Major NSRin attainmentareas (PSD)

Major NSRin

nonattainmentareas (NA NSR)

Minor NSRin all areas

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Why is NSR important?

• Tool for bringing SIPs into compliance with the NAAQS

• Protects national parks and wilderness areas

• Requires control equipment (e.g. scrubber)

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Requirements of PSD

Facilities in a NAAQS attainment area must

• Install Best Available Control Technology (BACT)

• Perform air quality analysis • Perform class I area analysis to

assess impacts on national parks and wilderness areas

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Requirements of NA NSR

Facilities in a nonattainment area must

• Install Lowest Achievable Emission Rate (LAER) technologies

• Obtain emission offsets• Perform alternative site analysis• Show statewide facility compliance

with air regulations10

When does a facility need a NSR permit?

• If it is a new source of pollution OR

• If it is an existing source of pollution that makes changes that increase emissions (modified)

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How are pre-construction permits connected to the NAAQS and SIPs?

• Typically one part of a SIP or TIP • Designed to

– Help areas that have healthy air quality maintain their air quality

– Help areas that have unhealthy air quality improve their air quality until it meets national standards (NAAQS)

• Federally enforceable when approved into SIP or TIP

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Operating Permits

Part 70 (Title V)

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Operating permit requirements

• Title V of the CAA

• National program delegated to the states; can be delegated to tribes

• Does not impose new requirements but puts all existing requirements in one permit

• 5-year term

• Applies to major sources and sources subject to NSPS, MACT, acid rain, other regulations

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What is the purpose of the Title V operating permits program?

Title V improves compliance and makes enforcement easier

• Roll all applicable requirements, including terms from NSR permits, into one document

• Require reports and certifications• Add source-specific monitoring (sometimes)• Increase public access to permit records• Make terms of title V permits federally

enforceable

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What goes into a Title V permit?

Title V Permit

Title I

Nonattainment

Air Toxics

Title

IV

Acid R

ain

Existin

g SI

P

Requi

rem

ents

State PermitPrograms

NS

R

Title VII

Enforcement

Contains all applicable requirements

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Permits – public involvement

• All CAA permits require notice and comment period (NSR and Title V)

• Generally, each state requires a minimum of– Publication in a newspaper– 30-day comment period

• Permit Appeals– Follows state mechanism, but each state must have

mechanism for appeal– Generally, only those who commented on original permit

can appeal issuance of permit

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Permitting Process:

Who does what ?

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Who is involved in the permitting process?

Permit Applicant (Company with the Facility)

Permitting Authority

EPA Public

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Citizen suits (CAA Section 304)

• Citizens can directly sue any source for– Violating permits – State or national standards– Constructing a major emitting source without a

permit• Citizens can also sue EPA for failure to perform

a duty that is not discretionary

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Summary

• Preconstruction permits focus primarily on the six criteria pollutants

• PSD permits in attainment areas and nonattainment NSR permits require sources to install pollution controls

• Title V operating permits promote compliance and enforcement

• Title V permits contain all the applicable requirements for a source

• Both preconstruction and operating permits are federally enforceable when EPA approves them 21

More information

• Next air permits training – Spring 2015• EPA tribal NSR resourceshttp://www.epa.gov/nsr/• EPA’s tribal NSR training webpage (past

training/webinars)http://www.epa.gov/air/tribal/tribalnsrtraining.html• Title V permitting in Indian countryhttp://www.epa.gov/airquality/permits/indperm.html

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Questions?

Carrie PaigeEPA Region 6

paige.carrie@epa.gov214-665-6521

David ColeEPA OAQPS

cole.david@epa.gov919-541-5565

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