Air Permits 101: - PowerPoint Presentation

Air Permits 101: Understanding the Basics Louisiana Department of Environmental Quality

Kermit C. Wittenburg, P.E.Air Permits Division Louisiana Department of Environmental Quality Air Permits

Office Organizational Chart ENVIRONMENTAL SERVICES ENVIRONMENTAL COMPLIANCE Air Permits in Detail SECRETARY

Organization

Louisiana Department of Environmental QualityMission Statement The Department's mission is to provide service to the people of Louisiana through comprehensive environmental protection in order to promote and protect health, safety and welfare while considering sound policies regarding employment and economic development.Vision To be a respected steward of the State‘s environment.

LDEQ’s Role and EPA EPA provides oversight of LDEQ’s air quality program. LDEQ is federally authorized to administer the federal Part 70 (Title V) and New Source Review (NSR) programs.

Air Permits Role Issue air permitsShows all applicable operations limitsBasis for Surveillance Division’s inspectionsBasis for Enforcement Division’s workIssue other permitting actionsVariancesExemptions

Air Permits RoleProvide technical guidance for permit applicationsIndustryCommunity Work with public and community on permitting activitiesPublic commentsPublic hearings

Basics of Air Permits

The Basics of Air PermitsClean Air Act (CAA) and Clean Air Act Amendments (CAAA)Permitting AuthoritySubdivided into “titles”, i.e., Title IV, Title V, etc.Purpose: Legally limit the amount of air pollutants released into the air by controlling and limiting releases at the individual sourceRequired when businesses and industries are capable of reaching or exceeding certain established thresholds of pollutant release

The final permit usually contains:A description of the facilitySpecific enforceable standards that apply Specific limits that apply Specific monitoring and recordkeeping requirementsSpecific reporting requirements The Basics of Air Permits

The type of permit issued to a facility will depend on three things: 1. The facility’s potential-to-emit (PTE)2. The type of emissions emitted by the facility3. The status of the area in which the facility is located The Basics of Air Permits

Who needs An air permit?

Who Needs An Air Permit?Activities that do NOT need an air permit include:activities conducted on residential property (unless it constitutes a Part 70 source);distribution or use of pesticides;mobile sources such as automobiles, trucks and aircraft;

Who Needs An Air Permit?Activities that do NOT need an air permit include (cont.):air pollution that does not leave the boundaries of the commercial or industrial plant from which it is emitted;controlled burning of agricultural by-products in the field or cotton gin agricultural waste; orcontrolled burning of timberland, pastureland, or marshlands in connection with timber management or trapping or livestock production;

Who Needs An Air Permit?Facilities that do NOT need an air permit include those regulated solely because of:NESHAP for Asbestos Demolition and Renovation (40 CFR 61.145);Standards of Performance for New Residential Wood Heaters (40 CFR Part 60 AAA); andRegulations promulgated pursuant to the federal Clean Air Act under 112(r), Prevention of Accidental Releases (e.g., 40 CFR 68)

Who Needs An Air Permit?Facilities that do NOT need an air permit include those regulated solely because of:Act 547 of the 2008 Louisiana Legislature – now incorporated as LAC 33:III.501.B.2.dLess than 5 tons per year (TPY) of any criteria pollutantLess than a total of 15 TPY of all criteria pollutants Less than Minimum Emission Rate (MER) of any TAPNot otherwise required to obtain a permitMore information: http://www.deq.louisiana.gov/portal/tabid/2619/Default.aspx

Air Permit ApplicationDownload appropriate application from LDEQ website:http://www.deq.louisiana.gov/portal/DIVISIONS/AirPermitsEngineeringandPlanning/AirPermitApplications.aspxApplication for Approval of Emissions of Air Pollutants from Part 70 SourcesApplication for Approval of Emissions of Air Pollutants from Minor Sources

Permit Types

Permit TypesLDEQ Divides Permits into two basic types: 1) Minor Source Permits 2) Major Source Permits

Minor Source Permits:How does LDEQ determine if the facility is a minor source?Type of EmissionsCriteria PollutantsHazardous Air Pollutants (HAP) and Toxic Air Pollutants (TAP)ParishAttainment ParishNon-attainment ParishPotential to Emit (PTE) Permit Types – Minor Source

What Qualifies for a Minor Source Permit?Criteria Pollutants (CO, NOX, SO2, VOC, PM10/PM2.5) 1) Attainment Parish < 100 tpy 2) Non-Attainment Parish < 50 tpy of NOx or VOC < 100 tpy CO, SO2, and PM10/PM2.5 Green House Gases (GHG)[CO 2, CH 4 , N 2 O & Fluorinated Gases] HAP (Federal) and TAP (State) 1) All Parishes < 10 tpy for any single HAP or TAP 2) All Parishes < 25 tpy for aggregated emissions of HAP or TAP Federally enforceable Specific condition limiting PTE below one or more of the above listed thresholds. Permit Types – Minor Source

Permit Types – Minor SourceTypes of Minor Source Permits Include:Portable SourceSmall SourceMinor Source Air General Permit Crude Oil and Natural Gas Production (Replaced SOGA)Surface Coating and FabricationSynthetic Minor SourceState PermitRegulatory Permit

Permit Types – Minor SourcePortable SourceAllow for facility to move locationsMust comply with all other regulations and zoning at new locationMust notify the Department when moving locationsPart 70 Sources are not allowed to have a portable source permitPermit No. begins with 7777[LAC 33:III.513.C]

Permit Types – Minor SourceSmall SourceEmissions of any pollutant < 25 tpyWritten the same as a Minor Source PermitFee is often less [LAC 33:III.211.B.13.e]

Synthetic Minor PermitA facility which places an artificial limit on its PTE in order to obtain or maintain minor source statusA federally enforceable condition to limit the PTE is requiredMust have a limit, monitoring, recordkeeping, and reporting to be federally enforceablePublic Notice is required Permit Types – Minor Source

Synthetic Minor Permit – Continued Example:Limit: Crude oil throughput of the truck loading rack, Emission Point 03, shall be limited to no more than 1,134,000 gal/yr. Recordkeeping/Monitoring: The total crude oil loaded to the trucks shall be recorded each month, as well as the total crude oil for the last twelve months. These records shall be kept on site and available for inspection by the Office of Environmental Compliance, Surveillance Division. Reporting: Throughput above the maximum twelve consecutive month period shall be a violation of this permit and reported to Office of Environmental Compliance, Enforcement Division. A report showing the crude oil throughput to the truck loading rack for the preceding calendar year shall be submitted to the Enforcement Division by March 31 st . Permit Types – Minor Source

State PermitMost common of the “Permit Types”Doesn’t fit into one of the other types of Minor Source Permit categoriesRegulatory PermitA permit which is defined in the RegulationsFacility must “fit” the applicable emissions activitiesAuthorized by R.S. 30:2054(B)(9)LAC 33:III.Chapter 3LAC 33:III.307 – Oil and Gas Well TestingLAC 33:III.309 – Release of Natural Gas from Pipelines and Assoc. EquipmentLAC 33:III.311 – Emergency EnginesLAC 33:III.313 – Portable Air Curtain IncineratorsLAC 33:III.315 – Concrete Manufacturing FacilitiesLAC 33:III.317 – Rock, Concrete and Asphalt Crushing FacilitiesLAC 33:III.319 – Flaring of Materials other than Natural Gas Permit Types – Minor Source

Major Source as defined per LAC 33:III.502.AEmits or has PTE ≥ 100 tpy of Criteria PollutantsPM10/PM2.5, SO2, CO, NOx, or VOCEmits or has PTE ≥ 10 tpy of any single HAP, OR 25 tpy of all HAPsEmits or has PTE ≥ 100 tpy of GHG’s on a mass basis or 100,000 tpy of CO2e (Global Warming Potential applied)Any major stationary source as defined in Part D (Nonattainment) of Title I of the CAA, including those defined as major under LAC 33:III.504.KNOTES: - Contiguous stationary sources must aggregate emissions - Fugitive emissions are not included unless sources are listed in Table A of Section 509.B or are being regulated under Section 111 (NSPS) or 112 (HAP) of the CAA as of 08/07/1980. What is a Major Source

Major Source ProgramsTitle V (Part 70) ProgramTitle V of the Clean Air Act (CAA) 40 CFR Part 70 and LAC 33:III.507New Source Review (NSR) ProgramPrevention of Significant Deterioration (PSD) of Air QualityTitle I (Part C) of the CAA40 CFR Part 52 and LAC 33:III.509Nonattainment New Source Review (NNSR)Title I (Part D) of the CAALAC 33:III.504

Permit Types - Major SourceTitle V (Part 70) Operating PermitRegular Title VGeneral Title VNew Source Review (NSR)Prevention of Significant Deterioration (PSD)Nonattainment New Source Review (NNSR)

Permit Types - Major SourceRegular Title V PermitCertified by Responsible Official (RO) & Professional EngineerCopied to EPAFederally enforceable permitContains emission limitations, testing, monitoring, reporting, and recordkeeping requirementsPublic NoticeInitials, Major Modifications, & RenewalsPermit Term = 5 years

Permit Types - Major SourceGeneral Title V PermitSimilar to Regular Title V Permits, except …Only allowed for certain regulationsCovers numerous similar sources or activitiesNOT allowed for New Major Sources or Major Modifications in conjunction with PSD or NNSRPublic NoticeInitials, Major ModificationsTypically used for Oil & Gas IndustryPermit Term = 5 years

Permit Types - Major SourceRegular vs. General Title V – Public Notice DifferenceRegular Title V PermitLDEQ shall publish a notice of the PermitGeneral Title V PermitOwner or Operator shall publish a notice of the Application

Major Source ProgramsNew Source Review (NSR) ProgramPrevention of Significant Deterioration (PSD) of Air QualityTitle I (Part C) of the CAA40 CFR Part 52 and LAC 33:III.509Nonattainment New Source Review (NNSR)Title I (Part D) of the CAALAC 33:III.504

What is a Major SourceAttainment parish (PSD source)Major Source as defined by [LAC 33:III.509.B]Emits or has PTE ≥ 250 tpy of any regulated NSR pollutantPM10,/PM2.5, SO2, CO, NOx, or VOCGHG mass or 100,000 tpy CO2eOr if source type is listed in LAC 33:III.509.B.Table A and emits or has PTE ≥ 100 tpy of any regulated NSR pollutant26 Source types Non-attainment parish (NNSR source) Major Source as defined by [LAC 33:III.504.K] Emits or has PTE any regulated pollutant at or above threshold values defined in LAC 33:III.504.L.Table 1 Non-Attainment Area Map For NSR program, if a stationary source, which is located in:

Permit Types – Major SourcePSDApplies to any regulated NSR pollutant in attainmentMust be an New Major Stationary Source or involve a Major Modification at an existing major stationary source as defined in LAC 33:III.509.BMajor modifications result from a significant net emissions increase of a regulated NSR pollutant:CO: ≥ 100 tpyNOx, VOC, SO2: ≥ 40 tpyPM/PM10/ PM2.5 ≥ 25/15/10 tpy CO 2e: > 75,000 tpy

Permit Types – Major SourcePSDBest Available Control Technology (BACT)Air Quality Modeling RequiredPermit Term = for life of source

Major AIR regulations

Major Regulations That GovernLouisiana Air Quality Regulations [LAC 33:III]New Source Performance Standards [40 CFR 60]National Emissions Standards for Hazardous Air Pollutants [40 CFR 61 and 40 CFR 63]Acid Rain Regulations [40 CFR 72-78]National Ambient Air Quality Standards (NAAQS)Prevention of Significant Deterioration [40 CFR 52]

Louisiana Air Quality Regulations [LAC 33:III]State administers its own air quality programRegulates emissions of criteria pollutants and surrogates (PM10/PM2.5, NOx, CO, VOC, SO2, Lead)Regulates emissions of Toxic Air Pollutants (LAC 33:III.Chapter 51)

New Source Performance Standards [40 CFR 60]Typically applies toNew SourcesReconstructed SourcesModified SourcesTechnology-based limitationsOther federal regulations are generally more stringent

New Source Performance Standards [40 CFR 60] (cont.)Examples40,000 gallon gasoline tank constructed in 1994 must:Install an internal floating roof; orInstall an external floating roof; orInstall a closed vent system that vents to a control device.Required by 40 CFR 60 Subpart KbLime Kiln at a paper mill combusting natural gas must:Control PM emissions to 0.15 g/dscm @ 10% oxygenRequired by 40 CFR 60 Subpart BB

National Emissions Standards for Hazardous Air Pollutants [40 CFR 61 and 40 CFR 63]Applies to sources that emit Hazardous Air Pollutants (HAP)Incorporates Maximum Achievable Control Technology (MACT)Typically applies to major sources of HAPTwo varieties:Pollutant Specific NESHAP (40 CFR 61)Source Category NESHAP (40 CFR 63)

National Emissions Standards for Hazardous Air Pollutants [40 CFR 61 and 40 CFR 63] (cont.)Examples:Shipyard that paints vessels must:Comply with VOHAP limits (in grams/liter) for each painting applicationRequired by 40 CFR 63 Subpart IIIncinerator that processes beryllium-containing waste must:Not emit more than 10 grams/24 hr. period of BerylliumRequired by 40 CFR 61 Subpart C

Acid Rain Regulations [40 CFR 72-78]Fossil fuel-fired power plantsAffects SO2 emissions (cap and trade)Affects NOx emissions (no cap and trade)LDEQ issues permits, but EPA administers cap and trade program

National Ambient Air Quality Standards (NAAQS)LDEQ can never permit any activity that violates NAAQSPrimary Standards set to protect public healthSecondary Standards set to protect public welfare

National Ambient Air Quality Standards (NAAQS)

Prevention of Significant Deterioration [40 CFR 52]Prevents deterioration of air qualityMore stringent regulatory programIncorporates Best Available Control Technology (BACT)Requires sources to control operations at least as well as the best performing similar source, within reason

Prevention of Significant Deterioration [40 CFR 52]Source is compared to other similar sources using RACT/BACT/LAER Clearinghouse (RBLC): http://cfpub.epa.gov/rblc/cfm/basicsearch.cfmSource is allowed to take credit for certain decreases in emissionsSource can use economic, technical, or environmental feasibility studies to suggest alternate BACT

internal AIRpermit process

Air Permit Process

Permit ProcessApplication is received and reviewed for technical deficiencies, enforcement history, and environmental reputationPermit Writer obtains any necessary additional information from applicant“Give and take” to draft permitApplicant is more likely to alter original request than to let LDEQ deny permit

Community involvement

Community InvolvementSubmit comments during Public Notice PeriodParticipate in Public HearingsCoordinate with environmental advocacy groupsContact LDEQ staff with questions

Title

Title

Title

Community InvolvementMaterials made available for review during Public Notice period:Draft permitPermit application and any additional information submittedStatement of Basis (if required)Environmental Assessment Statement (for new facilities and PSD projects)Materials can be viewed via:Local LibraryElectronic Document Management System (EDMS): http://edms.deq.louisiana.gov

Resources, definitions, and acronyms

ResourcesLouisiana Environmental Regulatory Code (LAC)Title 33 :Part III.AirPart I. Office of the Secretary http://www.deq.louisiana.gov/portal/tabid/96/Default.aspxThe Code of Federal Regulation (CFR)NSPS (40 CFR 60)NESHAP (40 CFR 61)http://www.gpoaccess.gov/cfr/retrieve.html The Clean Air Act (CAA) The Clean Air Act Amendments (CAAA) http://www.epa.gov/air/caa/peg/

ResourcesDEQ Websitehttp://www.deq.louisiana.gov/portal/tabid/36/Default.aspxThe Air Permitting Manual (Essential Reading)http://www.deq.louisiana.gov/portal/Portals/0/permits/air/r05_Louisiana%20Guidance%20for%20Air%20Permitting%20Actions.zipA weekly list of permit applications received http://www.deq.louisiana.gov/portal/tabid/2824/Default.aspx A list of permits on public notice http://www.deq.louisiana.gov/apps/pubNotice/default.asp EDMS – Can be accessed on-line http://www.deq.louisiana.gov/portal/tabid/2604/Default.aspx Public Participation Group http://www.deq.louisiana.gov/portal/tabid/2198/Default.aspx

Definitions and AcronymsAPD Air Permits DivisionBACT Best Achievable Control TechnologyBART Best Available Retrofit TechnologyBMP Best Management Practices (Plan) CAA Clean Air ActCAAA Clean Air Act Amendments CEMS Continuous Emission Monitoring System CFR Code of Federal Regulations CMS Continuous Monitoring System CO Carbon monoxide Criteria Pollutants These are nitrogen oxide (NOx), sulfur dioxide (SO2), Particulate Matter (PM), Carbon Monoxide (CO), Volatile Organic Compounds (VOC), and Lead (Pb). DEQ Department of Environmental Quality EPA Environmental Protection Agency EDMS Electronic Documents Management System : The repository for all official records created or received by the Department

Definitions and AcronymsHAP Hazardous Air PollutantHON Hazardous Organic NESHAPSLAC Louisiana Administrative CodeLAER Lowest Achievable Emission RateMajor Source Facilities with emissions of criteria emissions that equal or exceed 100 tons per year (TPY) or emissions of any one federally-regulated HAP that equals or exceeds 10 TPY or if total HAP emissions for the facility equal or exceed 25 TPY. Lower emission thresholds for a criteria pollutant may apply in nonattainment areas. A facility which has emissions of one or more criteria pollutants above 100 tpy. MACT Maximum Achievable Control Technology MER Minimum Emission Rate Minor Source Facilities with emissions of criteria emissions that are less than 100 tons per year (TPY) or emissions of any one federally-regulated HAP is less than 10 TPY or if total HAP emissions for the facility are less than 25 TPY. MM Million MMBTU Millions of British thermal units

Definitions and AcronymsNAA Nonattainment areaNAAQS National Ambient Air Quality StandardsPM2.5 Particulate Matter of 2.5 microns or less aerodynamic diameterPM-10 Particulate matter, 10 microns or less in sizeNESHAP National Emission Standards for H azardous Air P ollutants NSPS N ew S ource P erformance StandardsNSR New Source ReviewNNSR Non-attainment New Source Review Pb LeadPPB Parts per Billion PPM Parts Per Million PSD Prevention of Significant Deterioration PTE Potential To Emit is the emissions from a facility if it is run at maximum all year long. SCF Standard Cubic Foot SCFH Standard Cubic Feet per Hour SCFM Standard Cubic Feet per Minute

Definitions and AcronymsSCM Standard Cubic MeterSIC Standard Industrial ClassificationSIP State Implementation PlanSO2 Sulfur dioxideSOCMI Synthetic Organic Chemical Manufacturing IndustrySOP Standard Operating Procedures Synthetic minor source A facility that would be major source except that the emissions are being controlled below the major source emission level. The facility is permitted as a minor source. Title V Operating Permit Program authorized by Title V of the Clean Air Act TPY Tons per year VOC Volatile Organic Compound TEMPO Tools for Environmental Management and Protection Organizations.: The Department’s official database into which all data for every facility is entered.

Office & Division Contact Information Air Permits Division 602 N. Fifth Street Baton Rouge, LA 70802 225.219.3181 Customer Service Center 225-219-LDEQ (5337) Toll Free 1-866-896-LDEQ (5337) Hours 8-4:30 M-F

Speaker Contact Information Kermit C. Wittenburg, P. E.Environmental Chemical Specialist - Staff225.219.3390Kermit.Wittenburg@la.gov