Plant Changes That Trigger Air Permitting

Mid-America Environmental

Compliance Conference (MECC)

April 4, 2014

Presented by NAQS-Environmental Experts

Eric Sturm, Senior Consultant

NAQS-Environmental Experts

SERVICES • Permitting

– Applications – Strategies – Draft Permits – Permit Reviews

• Compliance Assistance • Regulatory Analysis • Emissions Inventories • Compliance Certifications • Deviation Reports • Stack Testing Assistance

• Litigation Support • Training • Audits • Compliance Management • Executive Training • Risk Management Planning • GHG Inventories and

Management • Strategic Project Planning • Dispersion Modeling

SELECT CLIENTS Partnering with a spectrum of clients ranging from small municipalities to Fortune 500 Companies

Cargill/Polyols

ABENGOA BIOENERGY

Consideration of

Construction Air Permitting for Changes/Projects

Outline • Definition of “Change” • Potential to Emit • Projected Actual Emissions • Permitting Thresholds

– Federal Major Source Thresholds – NE, KS, MO, IA Thresholds

• Special Consideration per Permit Agency • Existing Permit Requirements

•

Definition of “Change” • 40 CFR 52.21(b)(2)(i) “Major modification means any physical change or change in the method of operation of a major stationary source that would result in: a significant emissions increase…” • What is a change?

– Unfortunately, the Clean Air Act does not define change – 40 CFR 52.21 instead clarifies what is not a change:

ownership adjustment, increase in hours of operation, routine maintenance and repair

Definition of “Change” • Examples of Changes that Could Need Permit Review

– Building a new facility or production line – Replacing, refurbishing, or reconstructing an emissions unit

or part of an emissions unit – Modifying a control device – Adding a combustion device such as a turbine, boiler,

heater, dryer, certain engine, etc. – Altering raw materials usage such as solvents, paints, fuels,

chemicals, etc. that could not previously be accommodated – Modifying production capabilities or capacities

Potential to Emit • 40 CFR 52.21(b)(4) “Potential to emit (PTE) means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable…” • EPA, State and Local Agencies have guidance on PTE • Numerous court cases have evaluated PTE

Projected Actual Emissions • 40 CFR 52.21(b)(4) “Projected actual emissions (PAE) means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity.…”

• Projections are supposed to consider all relevant information like historical operations data, expected market activity, company projections, etc.

Permitting Thresholds Federal Construction • 40 CFR 52.21

– Major stationary source emits, or has the potential to emit, 100 tons per year for named source categories or 250 tons per year for others

– PTE used for new sources – PAE used for existing sources

Pollutant Threshold (tons/year)

PM 25

PM10 15

PM2.5 10

SO2 40

CO 100

VOC 40

NOx 40

Ozone 40

CO2e 100,000

Fluorides 3

Sulfuric Acid Mist 7

Hydrogen Sulfide 10

Reduced Sulfur 10

Permitting Thresholds Nebraska Construction • Title 129, Chapter 17

– Any stationary source or emission unit, such that there is a net increase in potential emissions at the stationary source equal to or exceeding the following levels:

Pollutant Threshold (tons/year)

PM10 15

PM2.5 10

SOx 40

CO 50

VOC 40

NOx 40

Lead 0.6

HAPS 2.5 (single)/ 10 (combined)

Permitting Thresholds Kansas Construction • K.A.R. 28-19-300 (a)(1)

– The potential-to-emit of the proposed stationary source or emissions unit, or the increase in the potential-to-emit resulting from the modification, equals or exceeds the following:

Pollutant Threshold (tons/yr)

Threshold (lbs/hr)

PM 25 5

PM10 15 2

Ag Source PM 100 5

SOx 40 2

CO 100 50 lbs/24 hrs

VOC 40 50 lbs/24 hrs

NOx 40 50 lbs/24 hrs

Lead 0.6 0.1

HAPS 10 (single)/ 25 (combined)

N/A

Permitting Thresholds Missouri Construction • 10 CSR 10-6.060

– No construction permit is required if potential emissions of the entire installation are less than regulatory de minimis levels or potential emissions of the proposed project are below the insignificance levels.

Pollutant De Minimis (tons/yr)

Insignificant(lbs/hr)

PM10 15 1.0

PM2.5 10.0 In Development

SOx 40 2.75

CO 100 6.88

VOC 40 2.75

NOx 40 2.75

HAPS 10 (single)/ 25 (combined)

0.5

Permitting Thresholds Iowa Construction • 567 I.A.C. 22.1(1)

– Permit required. Unless exempted in subrule 22.1(2)…

– 567 I.A.C. 22.1(2)w(1) – “Small unit” means any

emission unit and associated control (if applicable) that emits less than the following:

Pollutant Small Unit (tons/yr)

Cumulative(tons/yr)

PM 5 25

PM10 2.5 15

PM2.5 0.52 10

SO2 5 40

CO 5 100

VOC 5 40

NOx 5 40

Lead 0.02 0.6

HAPS 5 10 (single)/ 25 (combined)

Special Consideration per Permit Agency • Every Permitting Agency has Unique

Techniques and Mechanisms for Permitting – Exemptions from permitting – Consideration of fugitive emissions – Permits by rule – Registration permits – Combined permitting – Waivers to construct/operate

Existing Permit Requirements • Conflicts with Existing Permit Requirements

Often Trigger a Need for New Permitting – Hours of operation restrictions – Ambient air analysis based limitations – Stack parameters

• Height, diameter, unit location

– Raw material restrictions – Unattainable emissions rate requirements – Ambiguous permit language – Production based limitations

NAQS-Environmental Experts

Contact Piyush Srivastav at: 402-310-5321 (cell)

Questions/Comments: Eric Sturm Senior Consultant P: 402.310.4211 O: 402.489.1111 eric@naqs.com