Carrie Paige – EPA Region 6, Dallas David Cole – EPA OAQPS, RTP, NC Introduction to Air Permits Introduction to Air Permits

What is an air permit? Permission to construct (preconstruction) or operate a facility that releases air pollution Tool to keep air pollution limited and enforceable 2

What air pollutants are addressed in permits? 6 NAAQS “Criteria” Pollutants: SO 2, PM, CO, O 3, NO 2, and Pb 187 Hazardous Air Pollutants (HAP) 3

Two types of air permits New Source Review (NSR) Permits (preconstruction) Title V Operating Permits (after construction) 4

NSR Permits (preconstruction) 5

NSR (preconstruction) Permits Prevention of Significant Deterioration (PSD) –preconstruction review in attainment areas; CAA Title I, Part C Nonattainment NSR –preconstruction review in NAAs –CAA Title I, Part D 6

Components of NSR 7

Why is NSR important? Tool for bringing SIPs into compliance with the NAAQS Protects national parks and wilderness areas Requires control equipment (e.g. scrubber) 8

Requirements of PSD Facilities in a NAAQS attainment area must Install Best Available Control Technology (BACT) Perform air quality analysis Perform class I area analysis to assess impacts on national parks and wilderness areas 9

Requirements of NA NSR Facilities in a nonattainment area must Install Lowest Achievable Emission Rate (LAER) technologies Obtain emission offsets Perform alternative site analysis Show statewide facility compliance with air regulations 10

When does a facility need a NSR permit? If it is a new source of pollution OR If it is an existing source of pollution that makes changes that increase emissions (modified) 11

How are pre-construction permits connected to the NAAQS and SIPs? Typically one part of a SIP or TIP Designed to –Help areas that have healthy air quality maintain their air quality –Help areas that have unhealthy air quality improve their air quality until it meets national standards (NAAQS) Federally enforceable when approved into SIP or TIP 12

Operating Permits Part 70 (Title V) 13

Operating permit requirements Title V of the CAA National program delegated to the states; can be delegated to tribes Does not impose new requirements but puts all existing requirements in one permit 5-year term Applies to major sources and sources subject to NSPS, MACT, acid rain, other regulations 14

What is the purpose of the Title V operating permits program? Title V improves compliance and makes enforcement easier Roll all applicable requirements, including terms from NSR permits, into one document Require reports and certifications Add source-specific monitoring (sometimes) Increase public access to permit records Make terms of title V permits federally enforceable 15

What goes into a Title V permit? Title V Permit Title I Nonattainment Air Toxics Title IV Acid Rain Existing SIP Requirements State Permit Programs NSR Title VII Enforcement Contains all applicable requirements 16

Permits – public involvement All CAA permits require notice and comment period (NSR and Title V) Generally, each state requires a minimum of –Publication in a newspaper –30-day comment period Permit Appeals –Follows state mechanism, but each state must have mechanism for appeal –Generally, only those who commented on original permit can appeal issuance of permit 17

Permitting Process: Who does what ? Who does what ? 18

Who is involved in the permitting process? Permit Applicant (Company with the Facility) Permitting Authority EPAPublic 19

Citizen suits (CAA Section 304) Citizens can directly sue any source for –Violating permits –State or national standards –Constructing a major emitting source without a permit Citizens can also sue EPA for failure to perform a duty that is not discretionary 20

Summary Preconstruction permits focus primarily on the six criteria pollutants PSD permits in attainment areas and nonattainment NSR permits require sources to install pollution controls Title V operating permits promote compliance and enforcement Title V permits contain all the applicable requirements for a source Both preconstruction and operating permits are federally enforceable when EPA approves them 21

More information Next air permits training – Spring 2015 EPA tribal NSR resources EPA’s tribal NSR training webpage (past training/webinars) Title V permitting in Indian country 22

Questions? Carrie Paige EPA Region David Cole EPA OAQPS