FET Environmental Primer Air Regulations: Permitting Basics Steven Klafka, P.E. Wingra Engineering, S.C. Madison, Wisconsin www.wingraengineering.com Wingra Engineering, S.C.

Air Quality Permit Overview WDNR responsible for permit issuance USEPA oversight Construction permits for new sources Operation permits for existing sources Wingra Engineering, S.C.

Air Pollution “Sources” Operations Issued Air Quality Permits Stationary - Process or Point Stationary - Factory or Facility Portable - Asphalt Plant Indirect - Parking Lots and Highways Not Issued Air Quality Permits Area - Small Boilers, Wildfires Mobile - Cars, Trucks, Busses Off Road – Lawn mowers, Snowmobiles Wingra Engineering, S.C.

Wisconsin VOC Emissions Wingra Engineering, S.C.

Air Pollution Sources Issued Permits Burning of fuels or wastes. Conveying or handling of dusty materials like sand, wood shavings, etc. Evaporation of solvents from painting, printing, cleaning, gluing, storage, etc. Chemical processing and reactions. Wingra Engineering, S.C.

Types of Emission Estimates MTE or Uncontrolled – Need for Permit Full capacity; 8,760 hrs/yr; 0% collection Potential – Determines Compliance Full capacity; 8,760 hrs/yr; Required % Actual – Reported for Annual Fees Actual capacity, hrs/yr and % collection Wingra Engineering, S.C.

Sample Permit Calculations #1 Shotblasting Operation with 99% Efficient Baghouse Capacity = 2 tons per hour of metal USEPA Emission Factor = 17 lbs TSP/ton of metal Applicable Discharge Limit = NR 415.05(2) = 3.59 P 0.62 Comparison with General Permit Exemption Thresholds MTE = 2 tph x 17 lbs of TSP/ton = 34 lbs of TSP/hr > 5.7 lbs TSP/hr, NR 406 construction permit required Actual = 34 lbs/hr x (1 – 0.99) = 0.34 lbs TSP/hr Potential = 3.59 (2) 0.62 = 5.5 lbs TSP/hr Wingra Engineering, S.C.

Types of Emission Estimates Wingra Engineering, S.C.

CONSTRUCTION PERMITS Must be issued prior to construction or modification of regulated sources. NR 406 - Exemptions and Schedules NR 405 - PSD rules for Large Projects NR 410 – Fees NR 411 – Parking Lots and Roads NR 150 – Environmental Assessment & EIS Wingra Engineering, S.C.

Types of Specific Exemptions Natural gas-fired boilers < 25 mmbtu/hr Wood-fired boilers < 5 mmbtu/hr Paint/ink usage < 1,666 lbs VOC/month VOC storage tanks < 10,000 gallons Emergency generators < 3,000 kilowatts Each state has own specific exemptions. Wingra Engineering, S.C.

Types of General Exemptions Uncontrolled emissions < all permit thresholds 5.7 lbs/hr of total suspended particles (TSP) 3.4 lbs/hr of particles < 10 microns (PM10) 9.0 lbs/hr of sulfur dioxide (SO2) 9.0 lbs/hr of nitrogen oxides (NOx) Thresholds for >500 air toxics under NR 445 Use specific exemption first, then general. Wingra Engineering, S.C.

Sample Permit Calculations #2 Paint Spray Booth with 95% Efficient Filters Actual paint usage = 600 gallons per month Maximum paint usage = 1.5 gallons per hour Maximum VOC content = 3.5 lbs VOC per gallon Maximum solids content = 6.0 lbs solids per gallon Spray gun transfer efficiency = 70% Comparison with Specific Permit Exemption Thresholds Actual = 600 gpm x 3.5 lbs/gal = 2,100 lbs/month VOC > 1,666 lbs of VOC/month exemption threshold Wingra Engineering, S.C.

Sample Permit Calculations #2 Comparison with General Permit Exemption Thresholds VOC Emission Estimate MTE = 1.5 gph x 3.5 lbs/gal = 5.3 lbs/hr < 5.7 lbs/hr general exemption threshold for VOC PM10 Emission Estimate MTE = 1.5 gph x 6.0 lbs/gal x (1 - 0.7) = 2.7 lbs/hr < 3.4 lbs/hr general exemption threshold for PM10 Conclusion:No NR 406 construction permit is required based on the general permit exemption thresholds. Wingra Engineering, S.C.

Schedule and Fees Permit issuance within 2 to 12 months. 30-day public comment period. Public hearing if requested by public or applicant. $1,350 initial application fee $2,300 to $85,000 permit issuance fee NR 438 annual emission fee ($35/ton) Wingra Engineering, S.C.

Criteria for Permit Approval Comply with emission limitations. Comply with air quality standards using dispersion modeling analysis. Standards include the NR 404 National Ambient Air Quality Standards or NR 445 Acceptable Air Concentrations for hazardous air pollutants. Comply with current policies. Wingra Engineering, S.C.

Typical Permit Schedule Week 1 – Submit application to DNR Week 5 – Receive DNR request for information. Week 7 – Respond to request for information. Week 11 – DNR issues draft permit and PD. Week 12 – Publish notice for public comments. Week 16 – Public comment period ends. Week 18 – DNR issues final permit and invoice. Wingra Engineering, S.C.

Expedited Permit Issuance Pre-application meeting with DNR. Submit a complete application. Anticipate DNR application review needs. Provide emission calculations. Comply with applicable requirements. Conduct DNR modeling & risk analyses. Prepare environmental assessment. Anticipate public involvement. Task force on expedited permits suggested applicants submit application in PD format to minimize DNR staff effort. Low profile or be pro-active and schedule hearing at start of public comment period. Wingra Engineering, S.C. Wingra Engineering, S.C.

Recent Air Permit Enforcement $45,000 – Failure to obtain permit. $45,600 – Exceeded emission limits. $60,000 – Failure to maintain records. $65,000 – Failure to obtain permit. $71,820 – Failure to maintain records. $86,450 – Failure to raise stack. http://www.doj.state.wi.us/dls/environpro/news/ Wingra Engineering, S.C.

Keys to Successful Air Permits Stay involved in review process. Review preliminary permit prior to official “draft” permit. Anticipate future production needs and provide flexibility in permit. Minimize unnecessary requirements. Wingra Engineering, S.C.

PSD Rules Add Complexity NR405-Prevention of Significant Deterioration Applies to new large sources Applies to modifications of large sources Additional permit issuance time Best Available Control Techology or BACT Pre-construction ambient monitoring Dispersion modeling for increments & NAAQS Visibility, growth and vegetation analyses Wingra Engineering, S.C.

PSD Thresholds (tons/year) Air Pollutant New Plant Modification PM10 100/250 15 SO2 40 NOx CO 100 VOC Pb 0.6 Wingra Engineering, S.C.

PSD Avoidance PSD rules uses “potential” emissions. Permit restrictions on capacity,operating hours, or collection % are considered. PSD avoided to save permit issuance complexity or processing time, or eliminate control requirements. Balance restrictions and future growth. Wingra Engineering, S.C.

Anatomy of an Air Permit Description of source or process. Emission limitations. Wis. Adm. Code citations. Record keeping requirements. Monitoring requirements. Testing and certification requirements. Reporting requirements. Wingra Engineering, S.C.

Sample Air Permit Wingra Engineering, S.C.

Construction Permit References Jeff Hanson, Construction Permit Leader hansojc@dnr.state.us and (608) 267-6876 Regional DNR Office Air Staff Air Permit Web Site http://www.dnr.state.wi.us/org/aw/air/reg/regs.htm Provides application forms, instructions, issued and pending construction permits, and modeling guidance. Application Forms & Instructions: ftp://www.dnr.state.wi.us/DAW/AM/permits/AppForms/ Issued & Pending Operation Permits: ftp://www.dnr.state.wi.us/DAW/AM/permits/OpPermit/PmtDocs/ Wingra Engineering, S.C.

OPERATION PERMITS Application must be filed for existing regulated sources or prior to expiration of construction permits. Title V of 1990 Clean Air Act Amendments (Congress) 40 CFR Part 70 (USEPA) NR 407 - Exemptions & Schedules (WI) Wingra Engineering, S.C.

Processes included in Permit Similar exemption thresholds as provided for construction permits. Includes processes which require a construction permit if built today. Includes minor processes which exceed NR 407 Table 2 inclusion thresholds (i.e. 2,000 lbs/yr). Wingra Engineering, S.C.

Types of Operation Permits FOP or Title V or Part 70 Permit 100 TPY PM, SO2, NOx, CO, VOC, Pb, Lower TPY for VOC if located in ozone nonattainment area (SE Wisconsin) 10 TPY Federal Air Toxic or 25 TPY Combined Air Toxics Subject to most thorough review and compliance demonstration. Subject to MACT, if available. All applications for existing WI sources were due by 1995. Wingra Engineering, S.C.

Types of Operation Permits Cont’d Federally Enforceable Synthetic Minor Permit Limits potential emissions by using operating hours or production restrictions to remain below thresholds. Avoids MACT or other FOP requirements. All WI applications were due by 1995. Balance FESOP restrictions and future growth. Wingra Engineering, S.C.

Types of Operation Permits Cont’d SOP – State Only Permit Required by state not federal rules. Potential emissions less than FOP thresholds (i.e. 100 TPY) Only annual compliance reports. All applications for existing WI sources were due by 1998. Wingra Engineering, S.C.

Types of Operation Permits Cont’d Applications for all existing sources in Wisconsin have been submitted to DNR. Construction permits for new or modified processes are replaced with operation permits prior to expiration or incorporated into the facility-wide operation permit. Wingra Engineering, S.C.

Operation Permit References Keith Pierce, Operation Permit Leader pierck@dnr.state.us and (608) 267-0562 Regional DNR Office Air Staff DNR Air Permit Web Site http://www.dnr.state.wi.us/org/aw/air/reg/regs.htm Provides application forms, instructions, issued and pending operation permits, permit application software. USEPA MACT Web Site http://www.epa.gov/ttn/atw/eparules.html Wingra Engineering, S.C.

Air Permits in a Nutshell NR 406 construction permits required prior to the start of construction or modification. NR 407 operation permits are for existing processes, or replace construction permits. Review permits thoroughly before issuance to assure accuracy and flexibility. Wingra Engineering, S.C.