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TRIBAL MINOR NSRLaura McKelvey OAQPS

April 2014

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Major Topics

Applicability Registration requirements Permitting requirements General permits and permits by rule

3 Applicability

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Applicability Bins

Major source – apply for PSD or NA NSR permit

Synthetic minor – need limits to get out of major NSR

True minor - need to register by March 2013

Too small to be a minor – no action required

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Applicability for Minor NSR

Applies to sources of “regulated pollutants” that are not major Applies to sources with PTE below major

source thresholds for PSD and NA NSR Can be used to create synthetic minors

Does not apply to sources if PTE is below the minor source thresholds

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Minor Source Applicability Thresholds

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Applicability Issues for Minor NSR Are some units or activities at the facility

“exempt?” Do fugitive emissions count towards

PTE? How do you calculate PTE when a minor

source makes a modification? Exempted sources (see appendix)

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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

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When to Consider Fugitives in PTE Calculation

Include 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

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PTE and 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

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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 is subject to permitting requirements and must apply for a permit (if construction commences after 9-2-14)

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Size of Source Major Sources Synthetic Minor Sources True Minor Sources

Extent of construction or modification

New Major Source in Attainment Area

New Major Source in Non-Attainment Area

Major Mod of Existing Major Source

Minor Mod of Existing Major Source

Existing * Synthetic Minor

New or Modified Synthetic Minor Source

Existing* True Minor Source

New or Modified** True Minor Source

Applicable permit program

PSD NA NSR PSD or NA NSR Minor NSR Minor NSR Minor NSR Minor NSR Minor NSR

Preconstruction permit required

Yes Yes Yes Yes May need to apply for permit depending on how synthetic minor status was obtained

Yes No Yes, sources that commence construction on or after 9-2-14 must obtain a permit. Also if a general permit that applies to the source category is published in the Federal Register before 3-2-14, sources covered by the general permit must obtain a permit within 6 mos. of publication.

Registration required No No No No No No Yes, register by 3-1-13 Yes, register by 3-1-13 or within 90 days of commencing operation, whichever is later, if construction begins after 8-30-11 and before 9-2-14

Registration and Permit Application Requirements for Sources in Indian Country

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Timing Issues

Minor sources do not need to apply for permits for new construction or modifications unless construction starts after 9-2-14 Exception: minor modifications at major

NSR and PSD sources

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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 (if construction commences after 9-2-14)

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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

16 Registration Requirement

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Sources that Must Register by 3-1-13

Existing true minors (commenced construction before 8-30-11)

New or modified true minor sources that commence construction after 8-30-11 and before 9-2-13

These sources do not ever need a permit unless they modify

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True Minors that Commence Construction After 9-2-14

New sources or existing sources that plan minor modifications after 9-2-14 must apply for a minor source permit

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Registration Forms:

Available at http://www.epa.gov/air/tribal/tribalnsr.html

EPA has developed emissions calculators to help applicants estimate their emissions for certain source categories

Regional Offices may require information in addition to the information contained in the emissions calculators

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EPA’s Emissions Calculators

EPA has made spreadsheet-based calculators available at http://www.epa.gov/air/tribal/tribalnsrcalculatorsfor: Gas stations, dry cleaning operations, auto body

shops, sawmills, landfill operations, hot-mix asphalt plants, concrete batch plants, printing operations, rock crushing and stone processing operations, surface coating operations, degreasers/solvents/cleaners, industrial boilers, stationary internal combustion engines

Output Summary Printout page indicates whether the source needs to register

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EPA Emissions Calculators

EPA has made spreadsheet-based calculators available at http://www.epa.gov/air/tribal/tribalnsrcalculators.

Calculators are available for some of the common source categories in Indian country: Gas stations, dry cleaning operations, auto body shops,

sawmills, landfill operations, hot-mix asphalt plants, concrete batch plants, printing operations, rock crushing and stone processing operations, surface coating operations, degreasers/solvents/cleaners, industrial boilers, stationary internal combustion engines

Output Summary Printout page indicates whether the source needs to register

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EPA Emissions Calculators

Information required Facility contact information Attainment status of source’s area Facility usage (hours of operation, fuel

usage, number of units processed, etc.) Emission controls and operational

restrictions Filling in the above information leads to

completed Total Emissions and Output Summary Printout pages

23 Permitting Requirements

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Major Requirements of Minor NSR Rule

Case-by-case control technology review

Air Quality Impact Analysis (AQIA) in rare cases

Monitoring, recordkeeping, and reporting as needed to assure compliance

Public participation, administrative and judicial review

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Kinds of Minor NSR Permits

Source-specific for true minor Source-specific for synthetic minor General Permit Permit by Rule (proposed)

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Minor NSR Permitting Process

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Application Process – True Minor Fill out 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 used Air Quality Impact Analysis (in some cases) Identify Endangered Species Identify resources protected by National Historic

Preservation Act

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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

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AQIA

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

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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

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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.

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Synthetic Minor Permits

Two forms to fill out New Source General 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.

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Synthetic Minor Permits

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

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Public Notice

Public notice announces the 30-day opportunity to review the draft permit and/or request a public hearing

Unlike state NSR rules, notice of tribal NSR minor source permits must be mailed to: Indian governing body State/local air pollution authorities with

jurisdiction

35 General Permits and Permits by Rule

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Basics on General Permits (GPs) and Permits by Rule (PBR)

Protect air quality while simplifying the permit process for similar minor sources

In the minor NSR context, these are preconstruction permits that cover pollution sources that have similar pieces of equipment and similar control requirements

Both contain a standard set of requirements that apply to specific equipment or activities

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More Basics on GPs and PBR

Generally intended to cover smaller sources of emissions

Facility must obtain permit before construction and comply with terms when operating

They are optional; facility can choose to go through the regular minor NSR permitting process instead

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More Basics on GPs and PBR

Development: Standardized terms and conditions are

developed for a category of sources or pollutant-emitting activity

Public notice and comment occurs before EPA finalizes the permit

A final GP or PBR is final agency action Permit terms:

Emission limits/requirements for control equipment, monitoring, record keeping and reporting requirements, etc.

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Process for Source to Obtain Coverage

Source applies for coverage under the “umbrella” of the pre-established GP or PBR

Application requires less information than for a source-specific permit

Source must submit a copy of its request for coverage to the Tribe when it submits the request to the reviewing authority

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Approval and Notification

Reviewing authority will issue an approval of the request for coverage if source qualifies

Reviewing authority will notify the public if it issues an approval of the request for coverage

Public can challenge whether sources qualifies for the GP or PBR, but may not challenge the terms and conditions of the permit

Public may be unaware of their review opportunities until the facility applies for coverage, which is too late to comment on the permit itself

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General Permits and PBR will be Developed in Stages

Categories in Bundle #1 Gas dispensing facilities Auto body and miscellaneous surface coating Petroleum dry cleaners Rock crushing facilities Hot mix asphalt plants Landfills

Categories in Bundle #2: Boilers Engines Printing Operations (including degreasing/solvent cleaning) Stone Quarrying and Processing Concrete Batch Plant Saw Mills

Bundle #3: Oil and gas operations and production

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Public Involvement Process

To establish PBR, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing)

To establish GPs, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing) or will provide notice and 30-day comment period and opportunity to request a hearing

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Hands On Activity – Draft Auto Body Permit

Look through the permit application Look for the emissions limitations Find the corresponding Monitoring and

record keeping requirements Discuss how the information in the

application will be used to determine if the potential new source can use the general permit.

44 Summary

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Summary

Minor NSR applies to sources with PTE below major source thresholds for PSD and NA NSR

Minor NSR permits can be used to create synthetic minors

Only true minor sources need to register True minors don’t need to apply for a permit unless

they construct or modify after 9-2-14 General permits and permits by rule reduce the

time, expense and complexity of preparation and review of permit applications but have different review opportunities compared to regular minor source permits

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Questions to Ask Related to Permit Review

How should my tribe prioritize review of synthetic minor and/or minor permits?

If a priority, how should the review(s) be focused? Geographic areas Impact on cultural resources or endangered

species Pollutant of most concern Other concerns

How should my tribe prioritize review of registrations to assure completeness and accuracy?

47 Appendix

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Exempted Units and ActivitiesExempt 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 preparation4. Consumer use of office equipment and products5. Janitorial services and consumer use of janitorial

products6. Internal combustion engines used for landscaping

purposes7. Bench scale laboratory activities, except for laboratory

fume hoods and vents

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Proposed Exemptions

EPA’s proposed amendments to tribal NSR rules would add numerous exemptions, including: Some emergency generators Stationary internal combustion engines <50 hp Furnaces or boilers used for space heating Uses only gaseous fuel 10 mmBTU/hr heat input in AA, 5 mmBTU/hr in NAA Single family residences and residential buildings with

four or fewer dwelling units Air condition units used for human comfort that do not

exhaust air pollutants generated by manufacturing or industrial processes.

Forestry and silvicultural activities