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@kdhe.state.ks.us. Kansas Meadowlark. 2. Sparrow. Introductions. Who we are -KDHE
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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@kdhe.state.ks.us
Introductions • Who we are -KDHE -The Pollution Prevention Institute at Kansas State University, Engineering Extension manages the Kansas Small Business Environmental Assistance Program (SBEAP).
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
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
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.
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
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
Kansas Air Quality Act • Preconstruction review • Operating permits • Annual air emissions fees • Other air requirements
Operating Permit Process • Class I Renewal Process • Streamlining Class I Permits • Insignificant activities • Facility-wide requirements • Combined Class II and Construction Permits
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
K.A.R. 28-19-300(a)Approval Exemptions • Small combustion sources • Emergency equipment • Natural gas compressor facilities <240 hp total
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.
What’s still called a permit? • Title V Permits • PSD Permits • LAER Permits • Acid Rain Permits
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.
NSR Reform • Vacated by the court • Clean unit exemptions • Pollution control projects • Stayed by the court • Routine maintenance, repair and replacement
Clean Air Mercury RuleFinal 3/15/05 • Limits mercury from new and existing coal fired power plants • Parts 60, 72, and 75
EPA’s Air Toxics Website http://www.epa.gov/ttn/atw/mactfnlalph.html
Title V Issues • Semi-annual Reports • Annual Reports • Responsible Official
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.
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.
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.
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.
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.
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.
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
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