1 / 35

Nonattainment Area New Source Review Updates

Nonattainment Area New Source Review Updates. Rule Development Workshop Chapters 62-210 and 62-212 October 20, 2010. Introduction and Outline. Background and Purpose Preconstruction review Fine particulate matter (PM 2.5 ) Summary of proposed amendments Additional plans (impacts to forms)

gomer
Download Presentation

Nonattainment Area New Source Review Updates

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Nonattainment Area New Source Review Updates Rule Development Workshop Chapters 62-210 and 62-212 October 20, 2010

  2. Introduction and Outline • Background and Purpose • Preconstruction review • Fine particulate matter (PM2.5) • Summary of proposed amendments • Additional plans (impacts to forms) • Rulemaking timeline October 20, 2010

  3. Background and Purpose

  4. "New Source Review" • Also know as… • Construction permitting • Preconstruction permitting • Stationary sources—preconstruction review • Three types of construction permits… • Prevention of Significant Deterioration (PSD) • Nonattainment New Source Review (NSR) • Minor source permits October 20, 2010

  5. PSD vs. Nonattainment NSR • Prevention of Significant Deterioration (PSD) • Attainment (or unclassifiable) areas • 100 or 250 ton per year major source threshold • BACT • Increments • Additional impact analyses • Nonattainment Area New Source Review • Nonattainment areas, as designated by EPA • 100 or lower ton per year major source threshold • LAER • Statewide compliance • Emissions offsets • Net air quality improvement October 20, 2010

  6. PSD and Nonattainment NSR • Both programs… • Focus on largest sources of emissions • "Grandfather" existing sources • Preconstruction review applies individually, by pollutant • An area will typically be in nonattainment for only one or two pollutants • Nonattainment NSR applies for that "affected pollutant" and its precursors • PSD applies for all other "PSD pollutants" October 20, 2010

  7. NSR Reform • Collective name for changes in federal rules • December 31, 2002 • Projected actual emissions • Plantwide applicability limits • Other elements that have since been vacated • Changes clarify and add flexibility regarding applicability to existing major sources • DEP previously adopted Reform for PSD • Now DEP is adding it to Nonattainment NSR October 20, 2010

  8. PM2.5 • Federal updates for fine particulate (PM2.5) • Rules allowing DEP to postpone regulating PM2.5 under NSR are soon to expire • Will no longer be able to use PM10 as a surrogate • Impacts same sections of the rule, so doing as part of same rulemaking • Must begin accounting for condensables • DEP is adopting minimum requirements • State program must have these EPA-required elements (NSR Reform and PM2.5 provisions) October 20, 2010

  9. Summary of Proposed Amendments

  10. Condensable Particulate Matter • Adding definition of PM2.5 • Significant emissions rate (direct and precursor) • Updating definition of PM10 • Requiring inclusion of condensable emissions • Gases condensing to form PM10 or PM2.5 at ambient temperatures • Purposes of PSD and Nonattainment NSR applicability, emissions limits, compliance • Not retroactive for previously issued permits • Federal requirement October 20, 2010

  11. Example: 62-210.200 ("PM10") (b) For purposes of Rules 62-212.400 and 62-212.500, F.A.C., PM10 emissions shall include condensable PM10 (gaseous emissions from a source or activity which condense to form PM10 at ambient temperatures). Compliance with PM10 emissions limitations originating in a permit issued pursuant to Rules 62-212.400 or 62-212.500, F.A.C., and issued prior to January 1, 2011, shall not be based on condensable particulate matter unless required by the terms and conditions of the permit. October 20, 2010

  12. "Affected Pollutant" • Using consistent terminology • PSD – "PSD pollutant" • Nonattainment NSR – "affected pollutant" • Clarifying language • Preconstruction review applies individually, e.g. • Nonattainment for one or more affected pollutants • Attainment (or unclassifiable) for several PSD pollutants • Listing precursors in definitions • VOC and NOX are ozone precursors • SO2 and NOX are PM2.5 precursors October 20, 2010

  13. Example: 62-210.200 ("baseline actual") For a PSD pollutant or affected pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions... October 20, 2010

  14. Major and Minor Facilities • Eliminating this outdated language • Previously used to indicate facilities subject to Nonattainment NSR • Replacing with NSR Reform concepts • Major stationary sources • Major modifications • Already in place in rules for PSD October 20, 2010

  15. Example: 62-212.500(4)(a) (a) LAER Requirement. The owner or operator of the proposed new major stationary source or major modification shallor modified facility may limit the emissions of the affected air pollutant from the new major stationary source or majorfacility or modification through the application and employment of LAER.... October 20, 2010

  16. Nonattainment NSR Emission Thresholds • Incorporating major stationary sources thresholds for Nonattainment NSR • Similar but different from PSD thresholds • Nonattainment NSR thresholds can vary by degree • Marginal • Moderate • Serious • Severe • Extreme • Unknown degree of nonattainment, so adopting all October 20, 2010

  17. Example: 62-210.200 ("major s. source") 3. For purposes of Rule 62-212.500, F.A.C., any stationary source that emits, or has the potential to emit, 100 tons per year or more of an affected pollutant, except that the following emissions thresholds shall apply in [nonattainment areas]: a. 50 tons per year or more of volatile organic compounds in any serious ozone nonattainment area. b. 25 tons per year or more of volatile organic compounds in any severe ozone nonattainment area. c. 10 tons per year or more of volatile organic compounds in any extreme ozone nonattainment area. d. 70 tons per year or more of PM10 in any serious PM10 nonattainment area.... October 20, 2010

  18. Applicability Procedures • Incorporating NSR Reform elements • Already in state rules for PSD • Amendments add these concepts for Nonattainment NSR • New versus existing emissions units • Projected actual emissions • Baseline actual emissions • Three-pronged test for applicability • New emissions units • Existing emissions units • Hybrid test for mix of new and existing units October 20, 2010

  19. Example: 62-212.300(1)(c) (c)(e) If the Department issues any construction permit thatwhich avoids the requirements of subsections 62-212.400(4) through (12), F.A.C., or subsections 62-212.500(4) through (9), F.A.C., based in whole or in part on projected actual emissions calculations, the permit shall contain the following monitoring, reporting and recordkeeping provisions... October 20, 2010

  20. Emissions Offsets • Aligning state rules with federal requirements • Sufficient offsets • Amount that must be secured • Ratio of the amount of increase • Varies by severity of nonattainment, from 1:1 to 1.5:1 • Creditable offsets • Must be same affected pollutant (or a PM2.5 precursor) • Geographic location of offset, other procedures • Largely unchanged • Using construction permits to implement October 20, 2010

  21. Example: 62-212.500(5) (5) Emission Offsets. (a) Emission Offsets Required.... (b) Sufficient Emission Offsets.... (c)(b) Creditable Emission Offsets. 1. Emissions of an affectedair pollutant shall only be offset by emissions of the same affectedair pollutant, except that direct PM2.5 emissions or emissions of precursors of PM2.5 may be offset by reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor. October 20, 2010

  22. Source Obligation • Consolidating existing language • Clarifying PSD and Nonattainment NSR text • Facilities becoming subject to either PSD or Nonattainment NSR through relaxation of federally enforceable limit • Limit on capacity, or • Limit on emission levels • After-the-fact review, as though construction had not yet commenced October 20, 2010

  23. Example: 62-212.400(12) (b) At such time that a particular source or modification becomes a major stationary source or major modification (as these terms were defined at the time the source obtained the enforceable limitation) solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the amount of emissions or on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of subsections 62-212.400(4) through (12), F.A.C., shall apply to the source or modification as though construction had not yet commenced on the source or modification. October 20, 2010

  24. Plantwide Applicability Limits (PAL) • Expanding PAL to Nonattainment NSR • Currently in rules for PSD • Part of NSR Reform • Addition of some necessary cross-references • Clarifying the PAL language itself • Breaking large subsection into several smaller, topical paragraphs October 20, 2010

  25. Example: 62-212.500(2)(b) (b) Any owner or operator of any existing major stationary source seeking to establish or change a plantwide applicability limitation (PAL) for an affected pollutant shall comply with the requirements under Rule 62-212.720, F.A.C. October 20, 2010

  26. Miscellaneous Edits and Corrections • Definitions, reference to 62-204 • Reliance on incorporated federal regulations • Baseline area • Baseline concentration • Major source baseline date • Minor source baseline date • Maximum allowable increase (new definition) • Nonattainment area • Reconstruction, unused definition October 20, 2010

  27. Miscellaneous Edits and Corrections • Extraneous introductory text • Recent federal PM2.5 requirements • Significant monitoring concentrations • Significant impact levels • PSD increments • Simplification and consolidation • Nonattainment NSR exemptions • Structure is now parallel with PSD program • Simpler permitting procedure (construction permits, no operating permits) October 20, 2010

  28. Miscellaneous Edits and Corrections • Eliminate redundant or outdated language • Emission changes • Open burning • Stack height policy • Non-substantive updates • Fixing typographical errors • Consolidating on PM10 instead of PM10 or PM-10 October 20, 2010

  29. Additional Plans

  30. 62-210.370 (AOR Required) • Currently, must submit AOR if: • Title V or synthetic minor facility • Emit 10 tons per year (TPY) VOC or 25 TPY NOX in an ozone nonattainment area • Otherwise required by rule or permit • Striking the 10 TYP VOC, 25 TPY NOX • Clean Air Act emissions statement • Creating simplified emissions statement (later) • Streamlined alternative to a full AOR October 20, 2010

  31. Forms • Forms will likely need to be updated • Considering consolidation of forms • One, modular form • Re-design for web/electronic considerations (as opposed to current typewriter-friendly style) October 20, 2010

  32. Recent PM2.5 Rules • Soon to be published federal regulations • Significant monitoring concentration • Significant impact levels • PSD increments • Department review of final regulations • May need to update proposed language • Update the placeholders for dates, for example October 20, 2010

  33. Rulemaking Timeline

  34. Next Steps • Comments • Appreciated throughout process • Most helpful if returned by November 10 • Unsure of need for additional workshops • Drivers in the coming year • PM2.5 surrogate provision expires • (May 2011) • EPA designation of nonattainment areas in Florida • (Ozone in August 2011) • (SO2 in July 2012) October 20, 2010

  35. Comments by November 10, 2010 • Mail to: Department of Environmental Protection Division of Air Resource Management, MS-5500 2600 Blair Stone Rd. Tallahassee, FL 32399-2400 Attn: Lynn Scearce, Rules Coordinator • Or e-mail to: gregory.deangelo@dep.state.fl.us and lynn.scearce@dep.state.fl.us • All comments are public records and will be posted on the department’s website at: http://www.dep.state.fl.us/air/rules/regulatory/pm2p5_non_nsr.htm • To receive updates on this rule development project by e-mail, provide name, affiliation, and e-mail address to Lynn Scearce at: lynn.scearce@dep.state.fl.us October 20, 2010

More Related