Emerging Environmental Topics and Air Quality Permitting: Staying One Step Ahead American Coalition for Ethanol August 20, 2015 Presented by Piyush Srivastav, President
NAQS Environmental Experts
ORGANIZATIONAL POSITION • Our Vision : The preeminent leader in air quality, water quality, risk management plans, and climate change. • Our Purpose : Partner with clients to provide value added environmental solutions that ensure: – Regulatory Compliance – Increased Operational Flexibility – Successful Project Planning – Liability Identification, Reduction • Our Mission : Bridge the gap between industry and regulators by engaging employees with undisputable expertise, excellent critical thinking abilities, and strong communication skills.
SERVICES • Permitting – • Litigation Support – Applications • Training – Strategies • Audits – Draft Permits • Compliance Management – Permit Reviews • Executive Training • Compliance Assistance • Risk Management Planning • Regulatory Analysis • GHG Inventories and • Emissions Inventories Management • Compliance Certifications • Strategic Project Planning • Deviation Reports • Dispersion Modeling • Stack Testing Assistance
SELECT CLIENTS Partnering with a spectrum of clients ranging from small municipalities to Fortune 500 Companies Cargill/Polyols ABENGOA BIOENERGY
Topics • • Changes to NSPS Subpart DD and Proposed Subpart DDa • Effective Permitting
Subpart DD and Subpart DDa Standards of Performance for Grain Elevators
Subpart DD and Subpart DDa • Background – Both Standards Apply to “grain elevators”. – Can apply to ethanol plants if they have more than 2.5 million bushels of storage. – “Affected sources” under the standards are the grain handling equipment (receiving pits, conveyors, dryers, etc.), not the storage bins
Changes to Subpart DD • Proposed Rule to make changes to existing Subpart DD published on July 9, 2014 • Facilities covered by Subpart DD are those that commence “construction, modification, or reconstruction after August 3, 1978, and on or before July 9, 2014”.
Changes to Subpart DD • Revised Definitions – “ Grain unloading station ” includes the equipment from the point grain is received “to a receiving hopper or to the grain handling equipment that connects the unloading station to the rest of the grain elevator.” By definition, the dust control equipment and aspiration systems for receiving activities are considered part of the unloading station. – “ Grain loading station ” “means that portion of a grain elevator where the grain is transferred from the elevator to a truck, railcar, barge, or ship.” This definition also includes the dust control equipment and aspiration systems.
Changes to Subpart DD • Particulate Matter Standards – Section 60.302(d)(1) now includes the following language for barge or ship unloading stations , “Where aspiration of the casing provides dust control at the boot of the conveyor and a receiving hopper is not used, the unloading leg must be enclosed from the top to the center line of the bottom pulley and ventilation to a control device must be maintained on both sides of the leg.”
Proposed Subpart DDa • Proposed Rule to establish new Subpart DDa also published on July 9, 2014 • Covers sources that are new, reconstructed, or modified after July 9, 2014 • The Proposed standard mirrors existing Subpart DD, with a few changes
Proposed Subpart DDa • An additional method for determining applicability that includes the storage capacity of temporary storage facilities (TSFs) • Ten percent opacity standards for barge or ship unloading stations not using an unloading leg and for column dryers using a wire screen
Proposed Subpart DDa • Particulate Matter (PM) and opacity standards for affected facilities associated with TSFs (except portable equipment) consistent with those associated with permanent storage units • Particulate Matter performance tests conducted every 60 months, opacity tests conducted annually, and weekly visual inspections for affected facilities, and visual inspections of fabric filters every 6 months
Proposed Subpart DDa • Records for the new applicability calculation method, excess emissions events, fabric filter inspections, opacity tests, weekly visual inspections and particulate matter (PM) tests, and the type of grain processed during performance tests must be kept • Requirement to submit electronic copies of performance tests reports to the EPA using the EPA’s electronic reporting tool (ERT)
Proposed Subpart DDa • New definitions for ‘‘permanent storage capacity,’’ ‘‘temporary storage facility,’’ ‘‘wire screen column dryer,’’ and ‘‘en-masse drag conveyor’’ • Establishing that the PM standards are applicable at all times
Subpart DD and Subpart DDa • One Upside – Some States that were including all of the temporary storage capacity in their applicability determinations are using the calculation proposed in Subpart DDa. – Will result in fewer regulated facilities in those States.
Subpart DD and Subpart DDa • The comment period ended December 22, 2014 • Final rule projected for August 2015
Effective Permitting
Effective Permitting • What is effective permitting? – Effective Permitting covers the following: – Pre-project activities, e.g., planning, application development, etc. – Being active in the permit development stages – Being active during the public notice process – Not settling for what the permitting authority gives you, if it does not work for you or is not accurate – What about existing permits? – Using the services of a firm with air permitting expertise DRAFT 2/14/2012
Effective Permitting • Why is effective permitting important? – Permitting can slow the implementation of the project – A permit is a legally binding document – The permit can hinder operational flexibility and increase liability – Helps prevent permit conditions that are overly prescriptive and/or stringent – Assures the permit conditions are consistent with the regulations DRAFT 2/14/2012
Effective Permitting • Pre-Project Activities • Plan projects well in advance; allow time to • Prepare the application • Model the project • Make adjustments to the project due to modeling or change in project scope • Permitting is a very lengthy process • Application preparation • Permit development • Public Notice
Effective Permitting • Pre-Project Activities • Pre-Application Meeting •Present and discuss the project with the agency •Gets them familiar with the project •They can advise if there are new developments that may impact the project •They may be able to provide additional tips
Effective Permitting • Being active in the permit development stages – Prepare and Submit Draft Permit Documents • Clearly explain the regulatory basis for proposed permit conditions – Identify potential liabilities (i.e., stringent conditions that an agency may try to establish) and be prepared to address why there is no regulatory basis for such a condition
Effective Permitting • Being active in the permit development stages – Request opportunity to review agency draft documents, including various iterations of the draft documents – Request meetings – Provide comments in writing – Request responses in writing to Agency conditions that you disagree with and comment on
Effective Permitting • Being active in the permit development stages – Strategize which issues are worth sticking to, which are open to compromise – Keep focus on underlying regulatory requirements – Use hypothetical scenarios during negotiation
Effective Permitting • Being active in the permit development stages – What to look for in draft permits – An effective permit contains permit conditions that: – Have a sound regulatory basis – Provide operational flexibility – Are clear – Are concise – Are enforceable
Effective Permitting • Being active in the permit development stages – What to look for in draft permits – An effective permit does NOT contain permit conditions that are: – Unnecessary – More stringent than the regulations require – Unclear – These types of conditions inhibit operational flexibility and increase liability
Effective Permitting • Being active in the permit development stages – What to look for in draft permits – Unnecessary permit conditions – Redundant limits – Pound per hour (lb/hr) AND lb/MMBtu limits – Emission limits AND throughput limits (can be exceptions)
Effective Permitting • Being active in the permit development stages – What to look for in draft permits – Unnecessary permit conditions (cont.) – Conditions that are more prescriptive than the regulations – Spare bags requirement for baghouses – Size (i.e. hp) of boiler or engine – Specific material types – Daily observations
Effective Permitting • Being active in the permit development stages – For Prevention of Significant Deterioration (PSD) and Title V sources, –Do not be afraid to involve and meet with the EPA if no progress is being made with agency on important issues
Recommend
More recommend
