Air Quality 101 Workshops

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Air Quality 101 Workshops

• January 10, 2006 Salina
• January 19, 2006 Wichita
• January 24, 2006 Overland Park
• Vick Cooper, Section Chief
• Bureau of Air and Radiation
• 785-296-1561
• Vcooper_at_kdhe.state.ks.us

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Kansas Meadowlark
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Sparrow
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Introductions

• Who we are
• -KDHE
• -The Pollution Prevention Institute at Kansas
  State University, Engineering Extension manages
  the Kansas Small Business Environmental
  Assistance Program (SBEAP).

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Catalysts and Responses

• 1948 Pennsylvania
• 20 deaths from steel mill and sulfuric acid
  plants
• 1953 New York
• 250 deaths
• Congress passes the Air Pollution Control Act of
  1955
• first commitment of federal funds for air
  pollution problems

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History of air regulations

• 1963 Clean Air Act
• 1965 Motor Vehicle Air Pollution Control
  Act
• 1967 Air Quality Act
• 1970 Clean Air Act Amendments
• 1977 Clean Air Act Amendments
• 1990 Clean Air Act Amendments

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Then and Now

• 1970s
• EPA had to identify hazardous air pollutants and
  identify standards an ample margin of safety
• Risk-based
• Courts directed EPA to determine safe pollutant
  levels without technological or cost concerns
• 1990s
• Congress saw setting health-based standards to
  be a long and difficult process. The new approach
  was to set technology-based standards.

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1990 CAAA overview

• Title 1 Ambient air quality standards
• Title 2 Mobile sources
• Title 3 Hazardous air pollutants
• Title 4 Acid rain
• Title 5 Operating permits
• Title 6 Ozone protection
• Title 7 Enforcement
• Title 8 Miscellaneous
• Title 9 Clean air research
• Title 10 Disadvantaged businesses
• Title 11 Employment transition

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KAQA overview

• The Kansas Air Quality Act (KAQA) implements
  elements of the 1990 Clean Air Act Amendments,
  and includes the following requirements for air
  pollution sources in Kansas
• Preconstruction review
• Operating permits
• Annual air emissions fees
• Other air requirements

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Kansas Air Quality Act

• Preconstruction review
• Operating permits
• Annual air emissions fees
• Other air requirements

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Operating Permit Process

• Class I Renewal Process
• Streamlining Class I Permits
• Insignificant activities
• Facility-wide requirements
• Combined Class II and Construction Permits

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NEW Technical Guidance Documents

• Class I Revisions BAR 2005-02
• K.A.R 28-19-11 BAR 2005-01
• Air Quality Regulatory Enforcement (Penalty)
  Policy
• Air Quality Supplemental Environmental Projects
  Policy
• Air Quality Compliance Policy

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Operating Permits

• Major Source
• PTE Exceeds 100 Tons Per Year of NOx, Sox, PM10,
  VOC, CO
• PTE Exceeds 10 Tons Per Year of any single
  Hazardous Air Pollutant
• PTE Exceeds 25 Tons Per Year Total Hazardous Air
  Pollutants

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Operating Permits

• Sources required to obtain a Class I permit
  include
• Major sources
• Subject to acid rain requirements
• Solid waste incinerators
• Class I permit application process
• 1000 application fee or 500 modification fee
• KDHE has 60 days to determine if it is complete,
  both the public and EPA can participate in the
  review process
• Permit is good for 5 years

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Operating Permits

• Class II Permits
• Can be used to limit PTE to below major source
  levels
• PTE can be limited in several ways
• Less expensive than Class I, 200 application fee
• EPA and the public can review Class II permits
• Permit remains valid, no renewal unless revoked
• By April 1 annually, KDHE needs records, such as
  material usage rates and MSDSs to demonstrate
  emissions.

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Operating Permits

• Class II Permits-by-Rule
• Shortened Class II applications
• Reciprocating engines
• Solvent evaporate sources
• Hot mix asphalt plant
• Maintain records onsite showing usage and update
  monthly
• Submit emission-related information to KDHE by
  April 1 of each year
• Submit report if you exceed 85 level of
  restriction

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Operating PermitsThis Regulation has been
Revoked

• Class III permits are a registration process if
  you are not required to get a Class I or II
  permit but are subject to
• A Part 60 NSPS
• A Part 61 NESHAP
• Subject to RACT rule (located in Johnson or
  Wyandotte Counties)
• Have incinerators

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Other Air Requirements

• Reasonably Available Control Technology (RACT)
  Johnson/Wyandotte Counties
• Issued when counties exceeds federal standard for
  ozone, remain in effect
• Part 60 New Source Performance Standards (NSPS)
• Apply to newly constructed, reconstructed, or
  modified sources

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Other Air Requirements

• Part 61 National Emission Standards for Hazardous
  Air Pollutants (NESHAP)
• Apply to sources of specific HAP emissions, such
  as benzene and mercury
• Part 63 NESHAP or MACT standard
• Apply to sources of HAP emissions within source
  categories, such as chrome electroplaters,
  perchloroethylene dry cleaners, halogenated
  solvent vapor degreasers

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Other Air Requirements

• Part 52 Prevention of Significant Deterioration
  (PSD)
• Complex rule applies primarily to large sources
  or large modifications
• Requires Best Available Control Technology (BACT)
• Part 75 Acid Rain
• Applies primarily to large power plants

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Air Permit Program Update

• Regulation changes
• Kansas Permits, Approvals and Registrations
• New Source Review Reform
• New Standards under 40 CFR Part 63 MACT
• Expedited Approvals
• Title V Permit Process
• Technical Guidance Documents

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(No Transcript)
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Regulation Changes

• Kansas Permits, Approvals Registrations
• Re-focus permit program on environmental results
• Build more efficient permit system
• Spend less time on in-significant sources
• Air impact vs. source tracking

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Proposed K.A.R. 28-19-300

• Construction Permits
• Establishes small source registration program
• Provides small source exemptions
• Clarifies the term modification under KAR
  28-19-300
• Still has PSD disclaimer
• Target implementation Summer 2006

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Proposed K.A.R. 28-119-300(a) (1/2)

• Construction Approvals
• Permits under current regulations, proposed
  approvals
• PTE exceeds thresholds for PM, PM10, SO2, SO3,
  CO, VOC, NOx Lead
• PSD or LAER permit includes approval process
• New affected unit under CAA Title IV Acid Rain
  permit includes approval process

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Proposed K.A.R. 28-19-300(a) (2/2)

• Construction Approvals
• Project is
• Or causes facility to become a major HAPs source
• Subject to Part 63 standard and triggers major
  source construction or reconstruction
• Subject to Part 61 standard and triggers
  construction or reconstruction
• A new incinerator

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K.A.R. 28-19-300(a)Approval Exemptions

• Small combustion sources
• Emergency equipment
• Natural gas compressor facilities lt240 hp total

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K.A.R. 28-19-300(b)Registrations

• Constructing, reconstructing, or modifying under
• Part 60, NSPS
• K.A.R. 28-19-722, Solid Waste Landfills
• K.A.R. 28-19-729, Hospital/Medical/Infectious
  Waste Incinerators
• Subject to as listed RACT rule
• PTE exceeds 15lb/ 24-hour or 3 lb/hr VOC in
  Johnson and Wyandotte counties.

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Whats still called a permit?

• Title V Permits
• PSD Permits
• LAER Permits
• Acid Rain Permits

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New Source Review (NSR)

• Prevention of Significant Deterioration (PSD)
  Permits
• NSR covers
• Construction of new major emitting industrial
  facilities
• Existing facilities that make major modification
  that significantly increase air pollution
  emissions
• NSR Reform changed existing PSD regulations
• Plan to adopt 40 CFR 52.21 in Kansas regulations
  by June, 2006
• This is a brand new program, we are reviewing
  alternatives for implementation.

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NSR Reform

• Vacated by the court
• Clean unit exemptions
• Pollution control projects
• Stayed by the court
• Routine maintenance, repair and replacement

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New MACT Standards 40 CFR Part 63
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Additional Part 63Source Categories
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Clean Air Mercury RuleFinal 3/15/05

• Limits mercury from new and existing coal fired
  power plants
• Parts 60, 72, and 75

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EPAs Air Toxics Website
http//www.epa.gov/ttn/atw/mactfnlalph.html
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Title V Issues

• Semi-annual Reports
• Annual Reports
• Responsible Official

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Semi-annual Reports
Only the ones that are monitoring All Title V
facilities are required to submit semi-annual
reports to KDHE of any routine, continuous, or
periodic monitoring.
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Semi-annual Reports can include

• EPA Method 9 opacity results,
• Qualitative opacity results,
• Any required calculations,
• Through-put limitations,
• All semi-annual reports should include the
  Reporting and Source ID Number,
• All semi-annual reports are due at KDHE-BAR
  within 30 days of every six month anniversary of
  the Title V permit for the duration of the
  permit, and
• Please DO NOT use the annual reporting form for a
  semi-annual report.

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Annual Reports

• Annual reports are placed on the CR-02 form that
  was included with the Title V permit upon
  issuance.
• Annual reports are due at the KDHE-BAR within 30
  days of every annual anniversary of the Title V
  permit for the duration of the permit,
• Annual reports must be sent to KDHE-BAR and EPA
  Region VII. (KDHE should receive the original and
  EPA receives a copy),
• From a compliance standpoint, these reports are
  taken very seriously, with the possibility of
  large civil penalties for failure to report or
  for inaccurately reporting.

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Responsible Official
Pursuant to K.A.R. 28-19-511(e), any applicant
form, report or compliance certification
submitted pursuant to these regulations (Kansas
Air Quality Regulations) shall contain
certification by a responsible official of truth,
accuracy, and completeness.
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Responsible Official, Cont.

• Responsible official means one of the following
  K.A.R. 28-19-(ccc)
• A. For a corporation, president, secretary,
  treasurer, or vice-president in charge of a
  principal business function, or any other person
  who performs similar policy or decision-making
  functions, or duly authorized representative is
  responsible for overall operation or production.

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Responsible Official, Cont.

• Responsible official means one of the following
  K.A.R. 28-19-(ccc)
• B. For a partnership or sole proprietorship,
  a general partner or the proprietor,
  respectively,
• C. For a municipality, or state, federal. Or
  other public agency, principal executive officer
  or ranking elected official, or
• D. A principal executive officer of a federal
  agency shall include the chief executive officers
  having responsibility for overall operations of a
  principal geographic unit of the agency or for
  affected sources, the designated representative
  under Title IV of the federal Clean Air Act.

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Summary

• Regulation Changes
• Kansas Permits, Approvals, and Registrations
• New Source Review Reform
• New Standards under 40 CFR Part 63 MACT
• Expedited Approvals
• Title V Permit Process
• Technical Guidance Documents

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Any Questions?
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KDHE Air Permit Program Website

• Bureau of Air and Radiation
• http//www.kdhe.state.ks.us.bar.index.html
• Air Permits
• http//www.kdhe.state.ks.us/airpermit/index.html

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Eagle