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Module 7: Regulatory Requirements - Title V: Operating Permits
Operating Permits
New Source Performance Standards
Compliance Assurance Monitoring
Practice Problems
Objectives
- List the items included in a permit.
- Identify what facilities are regulated by NSPS regulations.
- Identify the requirements of NSPS regulations.
- Explain the purpose of Compliance Assurance Monitoring.
Title V of the 1990 Clean Air Amendments (1990 CAAA) introduces requirements for operating permits. Title V is an "umbrella" program covering all major stationary sources subject to any provision of the Act including sources subject to New Source Performance Standards (NSPS) (discussed later in this lesson), major HAP sources, NSR / PSD. sources, acid rain sources, and municipal waste incinerators. These permits must specify all of the applicable requirements for that facility. At a minimum, the permits must contain enforceable emission limitations and standards, a schedule for achieving compliance within the required time frame, provisions for reporting compliance related data at least every six months, and any other requirements stated in other portions of the 1990 CAAA.
EPA was required to issue regulations establishing the permit program within one year after enactment of the 1990 Amendments (i.e. November 1991). This regulation was promulgated on July 21, 1993. Each state was then required to submit a permit program within three years, which satisfies the Clean Air Act requirements. Some of the minimum elements of an acceptable state program include the following:
- Requirements for permit applications, including a standard application
form and criteria for determining in a timely fashion the completeness
of applications
- Monitoring and reporting requirements
- A requirement under state or local law that the owner or operator
pay an annual fee
- Requirements for adequate personnel and funding to administer the
program
- A requirement that the permitting authority have adequate authority
- Provisions to allow changes within a permitted facility if the changes are not modifications under any provision of Title I and the changes do not cause the facility to exceed the emissions allowable under the permit
Each source subject to the permit requirements must submit a complete permit application within 12 months of the effective date of the state's program. During the routine administration of this program, the permitting authority has up to 18 months to approve or disapprove permit applications. However, to handle the large volume of applications submitted during the initial portion of the program, the state permit program must include provisions for approving or disapproving one-third of the applications during each of the first three years. There must also be a mechanism for prioritizing the applications that are reviewed in this three-year period. Once approved, a permit for a stationary source has a term of 5 years.
EPA will also have a role in reviewing the permits. The state permitting authority must submit the permit application to EPA who then is allowed 45 days to review the material and raise any appropriate objections. 1990 CAAA include specific provisions and time limits for citizen challenges and judicial review of any EPA decisions.
New Source Performance Standards
The New Source Performance Standards (NSPS) originated with the Clean Air Act of 1970. The authority for the NSPS regulations is in Section 111 and covered by Title V.
The NSPS regulations establish stringent emission limitations for new or substantially modified sources in designated industrial categories regardless of the state or ambient air quality region in which the source is located. These source category limits are the maximum allowable emissions for the applicable sources. The emission limits are meant to represent the "best demonstrated technology" taking into consideration cost and energy and environmental impacts. The basis for NSPS limits is different than for BACT (Best Achievable Control Technology); NSPS levels are negotiated as industry-wide standards while BACT is determined on a case-by-case basis. For this reason, BACT standards are usually much more stringent than NSPS standards.
The source categories affected by NSPS regulations are those that have been identified by the U.S. EPA as emitting one or more pollutants in quantities significant enough to endanger the public health or welfare. Under the NSPS regulations these sources must either (1) achieve the degree of emission limitation or percentage reduction, or (2) apply a design, equipment, work practice, operational standard, or combination which reflects the best available technological system of continuous emission reductions. Examples of general control methods currently in use under the NSPS regulations include the following:
- Air pollution control systems such as electrostatic
precipitators, fabric
filters, wet
scrubbers, and dry
scrubbers
- Precombustion cleaning or treatment of fuels
- Inherently low polluting or nonpolluting production processes
- Work practices and operational standards
Between 1970 and 1990, the U.S. EPA promulgated NSPS standards for more than 70 source categories.
The owner or operator of a new or modified source subject to one of the NSPS regulations must demonstrate compliance within 180 days of initial start-up of the facility and at other times as required by EPA. Primary authority for the enforcement of these regulations rests with EPA. However, in most cases, this authority has also been delegated to the states. In such cases, the states and EPA have concurrent enforcement authority.
NSPS standards cover the same facilities regulated by the PSD and NSR programs. However, these programs differ in a few important aspects. One difference is that the NSPS are the responsibility of the federal EPA, while NSR/PSD is the responsibility of one of the ten EPA regional offices. In addition, NSPS sets an emission limit standard covering all facilities included in a specified source category; while NSR/PSD emission limits are established on a case-by-case basis.
Revised Fossil-Fuel-Fired Boilers NSPS
On September 24, 1998, EPA repromulgated the NSPS NOx limits for utility boilers (40 CFR Part 60, Subpart Da) and industrial boilers (40 CFR Part 60, Subpart Db). The reductions were made to reflect the performance of the most recent "best demonstrated technology." After considering available performance data and performing cost analyses, EPA chose Selective Catalytic Reduction (SCR) as the basis for revising the NOx emission limits for both categories of boilers. The new revisions regulate NOx, SO2, and PM emissions by developing a single limit for an industrial category. The limit is expressed as emissions per unit of output energy. The new emission limits are on a "fuel neutral emission rate," which is meant to add flexibility and encourage industry to use cleaner fuels such as natural gas.
Compliance Assurance Monitoring
In October of 1997 EPA issued a regulation referred to as the Compliance Assurance Monitoring rule (CAM rule). The CAM rule replaced an earlier 1993 proposed rule, known as "enhanced monitoring" rule. The CAM rule requires facility owners to conduct monitoring of their air pollution control equipment. The monitoring is intended to assure State and local agencies, EPA, and the public that facilities are complying with established emission standards under Title V of the 1990 CAAA.
The CAM rule states that if the monitoring reveals that the control equipment is operating outside the required range the operators will be required to take prompt corrective action to make necessary adjustments and notify the appropriate agency.
The CAM rule covers approximately 60 percent of the major industrial facilities equipped with air pollution control devices. The CAM rule includes over 97 percent of the total emissions from all facilities with control devices (from EPA Fact Sheet - Compliance Assurance Monitoring dated 10-1-97).
Practice Problems
Title V - Operating Permits
- Instructions:
- Complete the Practice Problems before proceeding to the next lesson. Click on the button below.