U.S. Environmental Protection Agency Tribal Minor New Source Review Permitting Kaushal Gupta, Environmental Engineer, Air Permits Section USEPA Region

U.S. Environmental Protection Agency

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

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 Agency2

Minor NSR Permitting Process


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)


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.


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.


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


Proposed exempt units cont’d

2. Stationary internal combustion engines <50 hp

3. 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.



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.


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)


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


Fugitive or Nonfugitive?


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


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.


PTE Calculation Methods

• Examples:– On-site measurement– Vendor design capacity or rated capacity

information– Material balance calculations– Emission Factors


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.


Minor Source Applicability Thresholds


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.


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



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.


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


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.


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


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 usedU.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


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.


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


AQIA cont’d

• Modeling process1. Qualitative assessment

2. Screening analysis

3. Refined modeling

4. PSD increment and NAAQS analysis

5. Additional Impact Analysis


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.


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.


http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome


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.


Permit Drafting cont’d

• After application deemed complete, EPA drafts:– Permit– Technical support document– Public notice– Documentation for consultations with U.S. FWS,

NOAA, SHPO, THPO, if necessary


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


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


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


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.


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.


Region 5’s Tribal Permit Website

• http://www.epa.gov/region5/air/permits/index.html– Click “U.S. EPA-Issued Permits”



Documents

U.S. Environmental Protection Agency Tribal Minor New Source Review Permitting Kaushal Gupta, Environmental Engineer, Air Permits Section USEPA Region