Standardized Authorizations (Permits by Rule & Standard Permits) Dana Johnson Air Permits Division Texas Commission on Environmental Quality Environmental Trade Fair 2015

Overview Types of NSR Authorizations Submitting Applications Certifications Topics of Discussion Contact Information and Links Questions NSR = New Source Review R&R = Rule Registrations

Types of NSR Authorizations Increasing Emissions De Minimis PBRs Standard Permits State Permits NNSR & PSD Permits by rule (PBRs) and standard permits (SPs) are types of NSR authorizations. They authorize sources with emissions greater than de minimis (below regulatory concern) but less than the level of emissions that would require a case-by-case permit. The Air Permits Division uses a pyramid approach to permitting. The levels of the pyramid are as follows: Top Level – De Minimis Second Level – Permit by Rule Third Level – Standard Permits Fourth Level – State Permits (i.e., minor NSR permits) Fifth Level – Nonattainment New Source Review (NNSR) and Prevention of Significant Deterioration (PSD) (i.e., major NSR permits) Depending on what type of permit you have, the lower down on the pyramid, the higher emissions you typically have.

NSR and Title V Comparison DM PBRs SP State Permits NNSR & PSD NSR Title V SOP GOP Minor DM = de minimis PBR = permits by rule SP = standard permits NNSR = nonattainment new source review PSD = Prevention of Significant Deterioration GOP = general operating permit SOP = site operating permit In addition to NSR authorizations, Title V Federal Operating Permits are required when a site becomes a major source or when there are sources that fit into specific defined categories (such as air curtain incinerators and municipal solid waste landfills). The NSR permit is an authorization to construct facilities, while the Title V permit is an authorization to operate Title V major sources. For a site to have a GOP, it must also first have a PBR authorization and/or a standard permit authorization. For a site to have an SOP, it must also have a case-by-case NSR permit.

De Minimis Authorizations Negligible sources Industry/activity-specific Meet all conditions exactly Typically no paperwork Keep records De minimis information DM PBRs SP State Permits NNSR & PSD NSR Paperwork is not typically submitted for de minimis authorizations; however, there are steps that can be taken to amend the List of De Minimis Facilities. The de minimis web page can be found at http://www.tceq.texas.gov/permitting/air/newsourcereview/de_minimis.html.

Example De Minimis Authorizations

Examples of De Minimis MSS Coatings of <100 gallons per year Chemicals for cleaning WD-40 MSS = maintenance, start-up, and shutdown De minimis authorizations are usually a site-wide mechanism, except for activities of completely different characteristics from permitted facilities.

Permits by Rule Registration Distance requirements DM Meet all conditions exactly Registration Distance requirements Specific emission limits DM SP State Permits NNSR & PSD PBRs NSR Mention that these will be discussed in more detail. PBRs are specific to an industry or activity. For example, if you have a flare, you would use the PBR specific to that piece of equipment (facility). You must meet each applicable condition of the rule – no exceptions. Registration is only required when specifically stated in the rule. If no registration is required, document how you meet each condition of the rule and keep that information available to demonstrate compliance.

PBRs Subchapter K: General §106.261 – Facilities (Emission Limitations) §106.262 – Facilities (Emission and Distance Limitations) §106.263 – Routine MSS of Facilities &Temporary Maintenance Facilities PBRs for similar activities or industries are grouped in subchapters. Some of the most common are Subchapters K, O, and U in Title 30 Texas Administrative Code Chapter 106 PBRs §§106.261, 106.262, and 106.263 can be found at http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=30&pt=1&ch=106&sch=K&rl=Y.

PBRs Subchapter O: Oil and Gas §106.351 – Salt Water Disposal (Petroleum) §106.352 – Oil and Gas Handling and Production Facilities §106.355 – Pipeline Metering, Purging, and Maintenance PBRs for similar activities or industries are grouped in subchapters. Some of the most common are Subchapters K, O, and U in 30 TAC Chapter 106. PBRs §§106.351, 106.352, and 106.355 can be found athttp://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=30&pt=1&ch=106&sch=O&rl=Y .

PBRs Subchapter U: Tanks, Storage, and Loading §106.472 – Organic and Inorganic Liquid Loading and Unloading §106.473 – Organic Liquid Loading And Unloading §106.478 – Storage Tank and Change of Service PBRs for similar activities or industries are grouped in subchapters. Some of the most common are Subchapters K, O, and U in 30 TAC Chapter 106. PBRs §§106.472, 106.473, and 106.478 can be found at http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=30&pt=1&ch=106&sch=U&rl=Y.

Standard Permits Industry/activity-specific Renew every 10 years DM Fee req’d at registration DM State Permits NNSR & PSD SP PBRs NSR Give general and specific requirements; wait on authorization; federally enforceable.

Standard Permits R&R Section Oil and gas: 30 TAC §116.620 Non-rule MSW landfills: Landfills Landfills at major sites 30 TAC = Title 30 Texas Administrative Code MSW = municipal solid waste The corresponding standard permit numbers are as follows: Oil and Gas (6002) Non-Rule Oil & Gas Standard Permit (Adopted 2/27/11; implemented 4/1/11) (6002) Municipal Solid Waste (MSW) Landfills (6010) Municipal Solid Waste (MSW) Landfills at GOP Major Sites (6517) Only the Oil & Gas Standard Permit remains as in rule; the remaining standard permits are now non-rule. Both rule and non-rule are equally as enforceable.

Standard Permits Mech./Ag./Const. Section Construction industry Agricultural industry The corresponding standard permit numbers are as follows: Concrete Batch Plants (6004) Permanent Rock and Concrete Crushers (6013) Temporary Rock and Concrete Crushers (6006) *Regional Use Only Permanent/Temporary Hot-Mix Asphalt Plants (6007) Concrete Batch Plants with Enhanced Controls (6008) Sawmills (6012) Anhydrous Ammonia Storage and Distribution (6014) Bulk Fertilizer Handling(6015) Cotton Gins (6016) Feedmills (6017) Grain Elevators (6018) Peanut Drying/Handling (6019) Temporary/Permanent Polyphosphate Blenders (6020)

Standard Permits Comb./Coatings Section Electric Generating Units Animal Carcass Incinerators Boilers (>40 MM Btu/hr) MM Btu/hr = million British thermal units per hour The corresponding standard permit numbers are as follows: Electronic Generating Units (6005) Animal Carcass Incinerators (6009) Boilers (6011)

Submitting Applications Preferred Order Introduction/ Cover letter Table of Contents Core Data PI-7, PI-7-CERT, or PI-1S Payment 1 2 3 Introduction/Cover letter Table of Contents Administrative documents: Core Data Form PI-7, PI-7-CERT, or PI-1S Copy of check or ePay Voucher The PI-7 and the PI-7-CERT are forms required when registering for a PBR. PI-7: The purpose is to only register emissions under a PBR. PI-7-CERT: Submitted to register and certify emissions for a PBR. It can also be used for the sole purpose of certifying emissions even if not registered. This purpose is not encouraged, but is accepted. The PI-7 and the PI-7-CERT can both be found at http://www.tceq.texas.gov/permitting/air/forms/permitbyrule/pbr_PI7_forms.html. The Form PI-1S is the form for required when seeking authorization for standard permits. Instructions can be found at http://www.tceq.state.tx.us/permitting/air/forms/newsourcereview/nsr_sp_forms.html. The Core Data Form and its instructions and guidance can be found at http://www.tceq.texas.gov/permitting/central_registry/guidance.html.

Submitting Applications Preferred Order Process flow diagram Plot plan 6 Project description 5 Process description 4 Process description Project description Process flow diagram/plot plan The process goes more quickly if the permit reviewer has adequate information to address the following in the project description: What is the company doing that requires review by the R&R Section? Is this a new facility or a change to an existing facility? If it is an existing facility, how is the original facility authorized? Does the registration or authorization claimed fit the situation? Has the facility met all the conditions of the claimed registration or authorization? Does the facility meet the applicable general requirements? Are there any additional federal, state, or local rules that apply? Are the emission limits and emission point names clearly listed? Moving forward, it is recommended that companies begin submitting a Table 1(a) to answer this question. The Table 1(a) will soon become mandatory for certified registrations.   This is really good information. Should it be in the slides, too (maybe between Slides 25 and 26)?

Example Process Description COMPANY NAME owns and operates the SITE AND/OR UNIT NAME located in COUNTY NAME. The site associated gas from the well flows through a 500,000 Btu/hr line heater (HTR1), where it is periodically heated to reduce the formation of hydrates. The gas then flows into the two stage separator, where the liquids (water) are separated from the gas. The gas then flows to the gas sales meter while the liquids flow into the produced water tanks (TK1 and TK2) on the site. The tank vapors are vented to the atmosphere, while the liquids are eventually trucked off-site (TRUCK).

Example Project Description (Initial) COMPANY NAME has submitted a Form PI-7-CERT for the initial authorization of the SITE NAME in accordance with PBR OR STANDARD PERMIT, APPLICABLE RULE(S).

Example Project Description (Revision) COMPANY NAME has submitted a Form PI-7-CERT to authorize the following revisions at the SITE NAME in accordance with PBR OR STANDARD PERMIT, APPLICABLE RULE(S): Addition of one (1) 1,430-hp compressor engine (EPN: C1) Removal of one (1) 250,000 Btu/hr glycol dehydrator (EPN: DEHY1) Update associated fugitive emissions (EPN: FUG) All other emission sources will remain as currently authorized.

Submitting Applications Preferred Order Summary of emissions: Short-term (lb/hr) and long-term (tpy) Speciations (if applicable) Detailed emission calculations: TCEQ spreadsheet Other TCEQ approved methods Summary of emissions Short-term Long-term Speciations Detailed emission calculations TCEQ spreadsheet Other approved methods 7 8

Example Table 1(a) Page 1 FIN = facility identification number TPY = tons per year VOC = volatile organic compound NOX = oxides of nitrogen CO = carbon monoxide PM10 = particulate matter equal to or less than ten microns in diameter PM2.5 = particulate matter equal to or less than 2.5 microns in diameter SO2 = sulfur dioxide HAPs = hazardous air pollutants This is an example of how the emission point number (EPN) and each individual contaminant are listed on a Table 1(a). The EPN is clearly listed along with the type of unit. Also, all applicable contaminants and their hourly and annual emissions are clearly represented. When submitting the Table 1(a), you do not need to complete Column (B) (the FIN). You only need to submit Page 1.

Example Summary of Emissions EPN = emission point number VOC = volatile organic compound NOX = oxides of nitrogen CO = carbon monoxide PM10 = particulate matter equal to or less than ten microns in diameter PM2.5 = particulate matter equal to or less than 2.5 microns in diameter SO2 = sulfur dioxide HAPs = hazardous air pollutants lbs/hr = pounds per hour tpy = tons per year

Submitting Applications Preferred Order Technical information New/existing site Upstream/ downstream effects Impacts/NAAQS 10 Compliance Federal rules State rules Local rules Current checklist 9 Compliance with applicable rules: Federal, state, and local Current checklist Technical information: New or existing site Upstream or downstream effects Impact analysis/NAAQS NAAQS = National Ambient Air Quality Standards

Submitting Applications Preferred Order Maps 12 Supporting information Lab analysis Manufacturer info. MSDS or SDS Reports 11 Supporting information/documentation: Lab analysis Manufacturer information MSDS or SDS Process simulation reports Maps MSDS = Material Safety Data Sheets SDS = Safety Data Sheets

Sending the Application STEERS: ePermitting software AirOG: for e-mailing updates STEERS = State of Texas Environmental Electronic Reporting System Electronically through STEERS (includes link to STEERS page) Updates to applications not assigned can be submitted through AirOG (includes e-mail address airog@tceq.texas.gov) Hardcopy STEERS can be found at https://www3.tceq.texas.gov/steers/index.cfm?fuseaction=login.home. or Hardcopy

High Volume Submittals Pre-Permitting Meeting E-mail an example application to staff before the meeting Discuss the process and expectations at the meeting For high volume submittals, we ask that you contact us to set up a pre-permit meeting and at that time submit an example application for our staff to look over. At the scheduled meeting, we will go over the example application with you and discuss our expectations.

Response Letters E-mail: Mail: Immediate Easy to forward Easy storage Lost mail Unexpected delays

Streamlining STEERS Certifications Updating guidance and forms

STEERS (ePermits) What is available through ePermits? Am I required to use ePermits? The following are currently available through ePermits: General MSS Registrations APD Certifications Notifications and registrations for Barnett Shale (BSH) PBRs and standard permits Registrations for PBRs and standard permits Non-BSH New Source Review (NSR) Administrative Action(s): Submit an Air NSR Change of Ownership New Source Performance Standard (NSPS-OOOO): Submit a Well Completion/Flowback Notification (40 CFR §60.5360-5430) General MSS Registrations: Submit an APD Maintenance, Startup, and Shutdown for un-registered facilities Submit an APD Maintenance, Startup, and Shutdown for registered facilities APD Certifications: Submit an APD Certification for un-registered facilities Submit an APD Certification for registered facilities Notifications and registrations for Barnett Shale (BSH): Submit an Oil and Gas Site (OGS) Historical Notification Submit OGS New Project Notification for New and Existing Registrations Submit OGS PBR Level 1 and 2 New and Existing Registration Submit OGS Non-rule Standard Permit for New and Existing Registrations Registrations for Permits By Rule and Standard Permits for Non-BSH: Submit a §106.352(l) or Standard Permit 116.620 - New Registration Submit a §106.352(l) - Revision to Existing Registration Submit a Standard Permit 116.620 - Existing Registration - Notification is required for projects constructed or facilities modified on or after 4/1/2011 and subject to §106.352 (a)-(k) or the non-rule standard permit (a-k). - Level 1 and 2 Registration is required either 90 or 180 days after submitting the OGS New Project Notification; a more detailed registration is required through ePermits. - Non-Rule OGS New Project Registration is required 90 days after submitting the OGS New Project Notification; a more detailed registration for the standard permit is required via hard copy. - All other PBRs are now available through ePermits and some will get an automatic response.

Certifications What is PTE? When must I certify? How do I certify? What happens to my certification? Potential to emit (PTE): The maximum capacity of a stationary source to emit a pollutant under its physical and operational design. If owners and operators of sites are trying to avoid requirements, they will likely have to certify emissions to establish PTE limits. Certification can occur with either a PI-7-CERT or an APD-CERT form. An individual who is willing to take personal responsibility/accountability or the person we are issuing the permit to is usually the Responsible Official or Technical Contact.

Reasons to Certify Emission limitations for Title V applicability Federal applicability Control/destruction efficiency claims Operating hours Above is only a partial list of the most common reasons companies voluntarily certify or are asked to certify a project by a permit reviewer. For a full list, please consult the PI-7-CERT or APD-CERT form(s).

Topics of Discussion Fees Current Checklist Emission Calculation Spreadsheet Welcome, Mr. Short If a site has a revision to submit within six months of authorization, a fee may be required. If there are questions, please contact the R&R Section. When preparing your application, confirm that the most recent forms are being used since some of the information and requirements may have changed.

Contact Air Permits Division E-mail: airperm@tceq.texas.gov Main line: (512) 239-1250 E-mail: airperm@tceq.texas.gov Main line: (512) 239-1250

Links Air Permits by Rule Standard Air Permits The links above will take you to the main web page(s) for Air Permits by Rule and Standard Air Permits, respectively. On the Air Permits by Rule page, you can search the index for air permits by rule, learn how to claim a permit by rule, as well as find other information regarding permits by rule. At the Standard Air Permits page, you can find more information regarding the various air standard permits available and how to apply for the appropriate one. Air Permits by Rule can be found at http://www.tceq.texas.gov/permitting/air/nav/air_pbr.html. Standard Air Permits can be found at http://www.tceq.texas.gov/permitting/air/nav/standard.html.

Contact SBLGA Website: Small Business & Local Government Assistance Main line: (800) 447-2827 Main line: (800) 447-2827 Small Business and Local Government Assistance website can be found at http://www.tceq.texas.gov/assistance/sblga.html.

Questions?