What to Report How to Comply Barbara Johnson, PE K-State Pollution Prevention Institute Small Business Environmental Assistance Program

Overview What to report Tips for proper reporting Future additions or modifications General compliance tips

What to Report? 40 CFR Parts 60 NSPS 40 CFR Parts 61 and 63 – NESHAP and MACT Standards Semi-Annual Reports for Title V Permits Annual Certifications for Title V Permits Emissions Inventory (both Class I and Class II permits) Performance Testing (Protocols, Reports)

And to Whom? Report Requirement Send to Contact Person 40 CFR Parts 60 NSPS KDHE Ms. Mariellen Butler 40 CFR Parts 61 and 63 – NESHAP and MACT St’ds Copy to EPA Ms. Mary Mahaffey Mr. Gary Bertram Semi-Annual Reports for Title V Permits Annual Certifications for Title V Permits Emissions Inventory (both Class I and II permits) Mr. Andy Hawkins Performance Testing Mr. Jeremy Duis

Notifications to Whom? Notification Requirement Send to Contact Person Construction and Operating Permit Applications* (Located outside Wyandotte County) KDHE Ms. Marian Massoth (Located in Wyandotte County) Unified Gov’t of Wyandotte County - KCK Health Dept Mr. Bruce Andersen *available at www.kdheks.gov/air-permit/download.html

(and understand what it says) What to Report? READ YOUR PERMIT! (and understand what it says)

What to Report – NSPS 40 CFR Parts 60 NSPS (New Source Performance Standards). Applies to: Categories of sources causing significant air pollution of criteria pollutants New stationary sources of emissions (construction or modification after date standard is proposed) Control emissions to level achievable by best system of continuous emission reduction

NSPS Components Emission limits Standards for visible emissions Modification provisions Monitoring requirements Performance test methods & compliance procedures Reporting & recordkeeping requirements May have some or all of these. Depends on the source category.

Example – Small Boiler NSPS 40 CFR 60.42 subpart Dc Installed or modified after June 9, 1989 Heat input capacity is between 10 and 100 MMBTU/hr

Subject to NSPS? (for boilers <100 MMBtu/hr) The boiler was constructed, modified, or reconstructed after June 9, 1989 The heat input capacity of the boiler is between 10 and 100 MMBtu/hr Complete the expedited KDHE boiler form Yes Yes No No The boiler is not subject to NSPS requirements

Evaluating Permit Needs Identify for all boilers: Date of installation or modification Heat input capacity (typically in MMBTU/hour) Type of fuel (natural gas, fuel oil, etc) Back-up fuel: evaluate using fuel with greater PTE Low NOX burner (for natural gas-fired boilers)

KDHE Boiler “Sheltered” Initiative KDHE is assisting boiler owners w/coming into compliance without incurring a penalty Applies to companies or institutions that have boiler(s) with heat input capacity between 10 and 100 MMBtu/hr and installed after June 9, 1989 (i.e., those subject to NSPS reporting) Many small boilers out of compliance with these federal requirements

KDHE Boiler “Sheltered” Initiative Company/institution must evaluate need for air permit/approval Complete applicable permit applications Expedited approval or permit NSPS boiler form Must be in compliance by September 30, 2008

Tips for NSPS Reporting Air quality performance test guidelines www.kdheks.gov/air-permit/forms/ Performance_Test_Guidelines.pdf KDHE visible emission observation form www.kdheks.gov/air-permit/forms/KDHE_VE_form.pdf Performance test companies www.kdheks.gov/air-permit/forms/stack_testers.pdf KDHE NSPS notification form www.kdheks.gov/air-permit/forms/NSPS%20Notification.pdf KDHE has several tools on their BAR Website.

NSPS notification form: www. kdheks NSPS notification form: www.kdheks.gov/air-permit/forms/NSPS%20Notification.pdf

What to Report - MACT 40 CFR Parts 61 and 63 – NESHAP (Nat’l Emission St’ds for Hazardous Air Pollutants) and MACT (Maximum Achievable Control Technology) Standards. Applies to: Sources of HAP emissions within certain source categories Mostly major sources, some area sources

MACT Components Compliance standards Performance testing requirements Compliance dates – often 3 years after rule promulgated Operation and maintenance requirements Compliance with emission standards Notification & conduct opacity or visible emission observations Availability of records Performance testing requirements Monitoring requirements Initial notification requirements – due 120 days after rule promulgated Initial Compliance Status Report – due anywhere between 30 days to one year after the rule compliance date Recordkeeping and reporting requirements Control device requirements Industry-specific requirements; therefore, you must read your permit!

Tips for MACT Reporting Initial notification form – send to KDHE & EPA KDHE spreadsheet template (styrene) SBEAP compliance calendar (dry cleaners) EPA Web resources: www.epa.gov/ttn/atw/mactfnlalph.html

www.epa.gov/ttn/atw/mactfnlalph.html

Initial Notification Form

What to Report – Class I Permit Class I operating permit overview Semi-Annual Reports for Title V (Class I) Permits Class I annual certification – CR-02 Emissions Inventory Performance testing

Class I Operating Permit Overview for Compliance Permit Intent – identifies the pollutants that are over the major source threshold to require the operating permit Facility Description – process units evaluated and description of the facility process

Class I Operating Permit Overview for Compliance con’t Emission Source Information – detailed emission units description, stack/vent ID, control equipment, and applicable regulations Applicable Regulations – Emission Source Limit or Standard Monitoring Recordkeeping and Reporting

Class I Operating Permit Overview for Compliance con’t Opacity Summary – summarizes opacity requirements from the applicable requirements section Facility-Wide Applicable Requirements – facility is subject to comply with, if applicable (e.g. Annual Fees, Emission Inventory, Emergency Episode Plans, Chemical Accident Prevention)

Class I Operating Permit Overview for Compliance con’t Opacity Monitoring – methodology used to perform qualitative assessments and/or Method 9’s, when required Requirements which will become effective during the term – any new regulation(s) that weren’t applicable at the time of the issuance but will become effective during the 5 year permit term

Class I Operating Permit Overview for Compliance con’t Permit Shield – conditions that are deemed in compliance with applicable requirements of the Kansas Air Quality Program as of the date of permit issuance Test, Monitoring, Recordkeeping, and Reporting – guideline(s) to assure compliance with the terms and conditions of the permit

Class I Operating Permit Overview for Compliance con’t Temporary Replacement of Internal Combustion Engines – guideline(s) and provision(s) for when an internal combustion engine is authorized to operate pursuant to the terms of this permit is out-of-service because of repair or maintenance Reporting of Deviations from the Permit Terms – unless a different period is specified in this permit, guideline(s) for reporting deviations from the requirements of this permit

Class I Operating Permit Overview for Compliance con’t General Provisions K.A.R 28-19-11 K.A.R 28-19-752a K.A.R 28-19-753 Permit Term and Renewal Compliance Compliance Certification Emergency Inspection and Entry Permit Amendment, Modification, Reopening, and Changes not requiring a permit Duty to provide information Duty to supplement Other Permit and Approvals; Applicability Submissions

Tips for Semi-annual Report Copy permit conditions Indicate whether or not in compliance Review permit for new qualitative assessment language (see next slide) Report deviations KDHE technical guidance documents – BAR 2005-01 www.kdheks.gov/air-permit/forms/2005- 01_KAR_28-19-11.pdf KDHE technical guidance documents – BAR 2006-01 www.kdheks.gov/air-permit/forms/2006- 01_Reporting_Deviations.pdf KDHE example semi-annual report www.kdheks.gov/air-permit/forms/Example_SemiAnnual_Report.pdf

Qualitative Assessments Initial Permits All sources listed Required 2 Method 9’s per year and qualitative assessments Opacity monitoring requirements detailed in the applicable requirements Procedures provided in Facility-Wide Applicable Requirements section

Qualitative Assessments (con’t) Renewal and New Permits (as of mid 2005) No source list (except sources subject to 40% opacity requirement) Facility must determine which sources require assessments Monthly qualitative assessments by a knowledgeable observer Procedures provided in Facility-Wide Applicable Requirements section

Example semi-annual report www. kdheks Example semi-annual report www.kdheks.gov/air-permit/forms/Example_SemiAnnual_Report.pdf

What to Report – Class I Permit Annual Certifications for Title V (Class I) Permits KDHE CR-02 form Provides certification of facility compliance status of each condition of the permit If non-compliance – summarize nature, duration, and frequency Submit to KDHE and EPA Region VII

Annual Certification www. kdheks Annual Certification www.kdheks.gov/air-permit/forms/CR-02_Annual_Certification.pdf

What to Report – Emission Inventory Annual Emissions Inventory Class I Permit or applied for Class I Due June 1 Can submit electronically – need password Forms for mailing available on Web Class II Permit Due April 1 Forms available on Web, specific to industry Class II Permit-by-rule, 50% actual emissions Due February 15 Reminder letter sent in December – no forms sent

Tips for Air Emissions Inventory Reporting www.kdheks.gov/emission/EmInfaq.html

What to Report – Performance Tests Performance testing: Required by NSPS, MACT, other (RACT) Required by Acid Rain regulations Required by other Kansas regulations Required by State Approvals/Permits and/or an enforcement actions Protocols – due 30 days prior to testing Reports – due 60 days after testing or specified in the subpart Read permit conditions

Tips for Performance Testing www.kdheks.gov/air-permit/forms/Performance_Test_Guidelines.pdf

Performance Test Report Requirements

Future Additions or Modifications Evaluate PTE for new or modified equipment. If increase in PTE exceeds construction approval or permit thresholds, submit application. Thresholds: www.sbeap.org/publications/ airqual.pdf Forms: www.kdheks.gov/air-permit/download.html

When to Notify Air construction approval/permit New emission source Increased emissions due to expansion or process change Prior to start of construction or modification

Tips for Construction Permits www.kdheks.gov/air-permit/forms/Informational_Sheet.pdf

Tips for Construction Permits www.kdheks.gov/air-permit/forms/Pre_Construction.pdf

When to Notify Operating permit Notify KDHE New emission source Increased emissions due to expansion or process change Notify KDHE New – one year after initial start up Existing Class I – one year after initial start up Class II – six months after initial start up

Other Reporting Emergency Generators Emergency generator definition Used only for back-up power (not to offset peak energy usage) For PTE calculations, assume 500 hours/year All emergency generators should be registered with KDHE Expedited form available

Expedited Form www.kdheks.gov/air-permit/forms/Emergency_Gen_App.pdf

Other Reporting Change of Ownership/Operator/Name Notification

KDHE/SBEAP Compliance Assistance Encourage emission sources to: Notify KDHE, if subject to any applicable regulations Understand and comply with applicable regulations Reduce air pollutant emissions beyond minimum requirements How? Conference/workshop presentations Webcasts Mass mailings Telephone consultations Site visits

Who performs inspections? BEFS – KDHE district office personnel through a Memorandum of Understanding with BAR Major and synthetic minor sources Local partners Johnson County Sedgwick County Shawnee County Wyandotte County US EPA Region VII (Limited)

If violations found… Types of Actions NON – notice of non compliance, LOW – letter of warning, BDL – Bureau director’s letter CAO – consent agreement and final order of the secretary AO – administrative order Read your permit.

More frequent inspections if… Historical violations Historical non-compliance Information gathering

Helpful Website www.kdheks.gov/air-permit/CEtech_guidance.html

Helpful Website (cont.) Bottom of previous slide:

Final tips Note that if you have various due dates for various reporting, you can request synchronizing reporting due dates. Better during draft phase Don’t hesitate to call the KDHE permit engineer assigned to your facility. His or her contact information can be found at www.kdheks.gov/bar/contact.html

(and understand what it says) In conclusion… READ YOUR PERMIT! (and understand what it says)

Questions or Comments? KDHE contacts Call your assigned contact KDHE BAR contact list: www.kdheks.gov/bar/contact.html If no KDHE contact, call permitting section at 785-296-1570 SBEAP Environmental Hotline 800-578-8898 www.sbeap.org