Permits Division

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Air PermittingNovember 14, 2001Keith
JordanEnvironmental Scientist Sr. OES/Permits
Division(225) 765-0201keith_j_at_ldeq.Org
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Organization of Permits Division
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Air Reviewers by Section

• Petrochemical 11
• Level 1 13
• Level 2 5
• Municipal/Commercial 0
• Registrations/Certifications 0

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Petrochemical Permits

• Catalyst Regenerators
• Ethanol plants
• Herbicide Manufacturers
• Organic Chemical Producers
• Pesticide Manufacturers
• Refineries

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Level 1 Industrial

• Bulk terminal/storage (petroleum)
• Oil Gas exploration, production and development
• Pipelines
• Paper mills / Sawmills
• Ship/boat building repair (includes ships,
  boats, barges)
• Power Generating

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Level 2 Industrial

• Concrete/Asphalt Plants
• Auto Repair Shops
• Transportation (Airports)
• Food Processing Facilities
• Animal Farms
• Machine Shops
• Sandblasting/Painting

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Municipal and Commercial Waste

• Municipal Solid Waste Landfills
• Commercial Hazardous Waste treatment, storage,
  disposal facilities
• Municipal Sewage Treatment Facilities
• Construction and Demolition Debris Landfills
• Waste Tire Processing

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Air Permitting Program
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Air Permitting Universe

• Criteria pollutants
• NOx, CO, SO2, VOC, PM
• Toxic Air Pollutants
• Federal and state list, 200 total
• Air contaminants broad inclusion
• Universe of Sources
• 800 criteria pollutant major sources
• 250 air toxic pollutant major sources
• Very large universe of minor sources
• Issue 1000 permit actions yearly
• Issue 1000 other actions yearly
• Applicability, exemptions, ownership

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Air Permit Program

• 2 Combined Federal Permit Programs
• New Source Review (PSD, Nonattainment)
• Operating Permit (Title V, Part 70)
• History
• Began air permitting in 1969, grandfathered
  existing facilities
• Permits utilized to address both state and
  federal requirements/concerns
• Preconstruction program approved by EPA in State
  Implementation Plan (SIP)
• Title V program approved by EPA in 1995

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New Source Review (NSR)

• Encompasses
• Prevention of Significant Deterioration (PSD)
• LAC 33III.509
• Nonattainment New Source Review (NNSR)
• LAC 33III.504

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• PSD
• Steps in LDEQ review process

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2. Determine major source status. (LAC
33III.509.B)
1. Administrative completeness review (AVT)

• Dont forget 1701 forms. Theyre the most common
  request by AVT.
• Approximately 30 days (60 day regulatory limit).

• The source is major if
• It is listed in Table A of LAC 33III.509 and it
  emits, or has the potential to emit, 100 tons per
  year or more of any attainment pollutant or
• It emits, or has the potential to emit, 250 tons
  per year or more of any attainment pollutant or
• Any physical change at an existing minor source,
  if the change would constitute a major stationary
  source in and of itself. This modification is
  not eligible for netting.

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3. Determine if a modification has occurred.

• Can the change be classified as routine repair
  and replacement?
• Is the change due to another exemption outlined
  in the definition of major modification? LAC
  33III.509.B

Review not only the source(s) in question, but
also any upstream or downstream sources affected
by the project.

• Upstream sources may include additional steam
  demand from a boiler, increased throughput from
  tanks, etc.
• Potential-to-emit of downstream sources may be
  increased due to debottlenecking.

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4. Determine if the increase is significant.

• An increase in a pollutant is significant for PSD
  if
• Facility is a new major stationary source and a
  pollutant is emitted in amounts equal to or
  greater than its specified significance level or
• Facility is an existing major stationary source
  and both the potential increase in emissions due
  to the modification itself, and the resulting net
  emissions increase is equal to or greater than
  its specified significance level or
• Any emissions rate at a new major stationary
  source (or any net emissions increase associated
  with a modification to an existing major
  stationary source) that is constructed within 10
  kilometers of a Class I area (Breton Sound), and
  which would increase the 24-hour average
  concentration of any regulated pollutant in that
  area by 1 ug/m3 or greater.

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6. Review BACT.
5. Determine the proper contemporaneous
period/review netting analysis.

• Ensure that any reductions claimed are based on
  actual emissions, NOT permitted emissions.

Required for sources that undergo physical change
or change in method of operation. Each BACT
analysis is done on a case-by-case
basis. Top-down analysis ranks all available
control technologies in descending order of
effectiveness. Sources of information include
but are not limited to the RACT/BACT/LAER
Clearinghouse. http//209.42.208.109/rblc/cfm/rbea
sy.cfm
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7. Make sure other analyses have been completed.

1. Modeling exercises (Patrick Pakunpanya)
2. Source related growth impacts
3. Soils, vegetation, and visibility impacts
4. Class I area impacts (Breton Sound)
5. Toxic emissions impact (Chapter 51 or 112(g), if
   applicable)

8. Public notice

• 30-day public review period
• 30-day EPA review period

9. Draft Basis of Decision.

• Required for all PSD permits.

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• NNSR
• Steps in LDEQ review process
• 1. Administrative completeness review (AVT)

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2. Determine major source status. (LAC
33III.504.G)

• The source is major if
• It emits, or has the potential to emit, 50 TPY or
  more in a serious nonattainment parish
  (see Table 1 in 504) or
• Any physical change at an existing minor source,
  if the change would constitute a major stationary
  source in and of itself. This modification is
  not eligible for netting.
• Notes
• Fugitive emissions shall not be included in the
  major source determination unless The source is
  listed in Table A on LAC 33III.509 or the
  stationary source category is being regulated
  under Section 111 or 112 of the Act.
• A stationary source shall not be a major
  stationary source due to secondary emissions.

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4. Determine if the increase is significant.
3. Determine if a modification has occurred.
See definition of modification (PSD section).

• An increase in a pollutant is significant for
  NNSR if it
• Occurs at a new major stationary source and VOC
  emissions are greater than or equal to 50 TPY or
• Occurs at an existing major stationary source,
  and the net emissions increase is equal to or
  greater than 25 TPY.
• See Table 1 in 504.

5. Review netting analysis if increase is greater
5 TPY.
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6. Determine the proper contemporaneous period.

• Like PSD, ensure that any reductions claimed are
  based on actual emissions, NOT permitted
  emissions.

7. If netting out, check to see source has
sufficient ERC in the bank.
Currently, sources must have banked ERC to net
out.
8. Review LAER and/or check to see if the
necessary offsets are available.
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9. Public notice

• 30-day public review period
• 30-day EPA review period

• If NNSR review is accomplished through the Title
  V process, EPA will have 45 days to review
  significant modifications.

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• Title V

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Title V

• Required for all major sources LAC 33III.502.
• Permits have five year life span.
• Renewal applications must be received at least
  six months prior to the date of permit
  expiration, but no earlier than eighteen months
  prior to expiration.

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• Title V Permit Renewal Status

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Title V Permit Renewal Status

• Currently, we have 88 General Permit renewals and
  9 Regular Permit renewals in-house.
• All Title V General Permits will be renewed
  through TEMPO
• First draft of General Permit Templates under
  review.
• Regulations are being added to the Requirements
  Library.
• Implementation of General Permits renewal program
  tentatively scheduled for April, 2002.

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Title V Permit Renewal Status (Cont.)

• All Title V Regular Permits will be renewed
  through current methods.

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• Initial Title V Permits Status

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Initial Title V Permits Status

• Currently, we have 324 initial Title V Permits
  under review.
• EPA has tentatively requested that we issue all
  remaining permits within 18 months.
• As part of our agreement, DEQ must implement a
  schedule of permit issuance deadlines and submit
  it to EPA.
• We will send out letter to all affected companies
  and ask for suggested schedule per company.

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Title V Permit Renewal Status (Cont.)

• Suggested schedule will give companies time to
  update each application while giving DEQ time to
  issue permit.
• I will be primary contact for this project
• Keith JordanEnvironmental Scientist Sr.
• OES/Permits Division(225) 765-0201keith_j_at_ldeq.
  Org

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• Other Permit Actions

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Other Permit Actions

• State Permits
• Title IV (Acid Rain Permits)
• Emissions Banking (ERCs)
• Exemptions
• Variances
• Name/Ownership Changes
• Determinations

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Air Permit Content

• Origin and Description
• Facility wide emission limits
• Site specific requirements (specific conditions)
• Applicable regulatory standards
• Testing, monitoring and reporting requirements
• Lb/hr and ton/year limits by emission point by
  pollutant

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Common errors in applications

1. Failure to use actual to potential to determine
   the increase for a project - particularly common
   if permitted limits do not have to be modified.
2. Contemporaneous reductions based on
   potential-to-emit rather than actual emissions
   (2-year annual average).
3. Including paper changes (i.e., decreases based on
   emission factor changes, stack test results,
   etc.).
4. Addressing sources that were never constructed.

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Common errors in applications (Cont.)

• Taking credit for all reductions where baseline
  was above permitted limits.
• Failing to consider only increases when
  determining if a netting analysis is required.
• Failure to include 1701 form when required. This
  is the most common request by Application
  Verification.

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Suggestions to facilitate process

• Complete an adequate IT analysis, with special
  attention to the alternative sites analysis.
• Submit application as far in advance as possible.
• Include detailed reference or background
  information with application.
• Alert permit writer of any unusual situations or
  concerns.

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Suggestions to facilitate process (Cont.)

• Dont underestimate public interest in the
  proposed facility or project. Hold informational
  meetings with community if necessary.
• Notify permit writer of any changes in companys
  priority of the application, particularly if the
  construction schedule has been delayed. Please.
  . .
• Submit LPDES application and air application
  concurrently.
• If possible, the Department prefers to hold joint
  air and water public hearings.

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Air Monitoring and Reporting

• Stack testing
• As required by rules
• As determined appropriate
• On-going monitoring of operating parameters,
  specific to source
• Monitoring and Compliance reporting
• 7 days, quarterly, semiannual, annual
• Must report any emission exceedance, any permit
  deviation
• Major sources must certify compliance status
  annually
• Annual reporting of actual emissions

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Air Quality Modeling

• Permit application review includes dispersion
  modeling
• Federal PSD and Nonattainment
• State air toxics modeling protocol
• Designed to assure compliance with Louisiana
  Ambient Air Standards
• Includes cumulative modeling of surrounding
  sources

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Performance Indicator for DEQ Permitting

• Based on 410-day Rule (RS 302022 LAC 33I.Ch
  15)
• Quarterly FY goals for final permit decisions,
  based on applications for new facilities major
  mods reaching 410-day deadline
• Goal for FY 2000-2001 75
• Actual 80

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Public Participation Process Improvements

• Created Central Public Records Room, 4th floor
• Provided public access to ALPS, 4th floor
• Created Public Notice Web page
• Working with State Library Association to improve
  document handling at libraries
• Combined public hearings

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Public Participation ProcessResponse to Comments

• The PP Group maintains records of all individuals
  who submit written comments or provide oral
  comments at public hearings.
• When a final decision is made, Permit Writers
  send notice of response to comments and basis for
  decision to all commentors.

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Public Participation ProcessHearings

• Staff secures the location, hearing officer,
  court reporter, security, forms (registration,
  comments, speakers) and transportation for
  hearing officer and permit writers
• Protocol for determining order of speakers and
  handling exhibits is established by statutes.

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Air PermittingNovember 14, 2001Keith
JordanEnvironmental Scientist Sr. OES/Permits
Division(225) 765-0201keith_j_at_ldeq.Org