New Source Review (NSR) Renewals and Alterations Alec Castellano Air Permits Division Texas Commission on Environmental Quality Environmental Trade Fair 2012
Overview • NSR Renewals • NSR Amendments • NSR Alterations
NSR Renewals • Renewing an NSR Permit
NSR Renewals • General expectations • No changes to existing authorization • Same control technology • Same emissions • Requirements will not be more or less stringent
NSR Renewals • Compliance history • Avoid a condition of air pollution, and • Poor compliance history
NSR Renewals • Submit the following: • Renewal notification letter • Form PI-1R • Renewal application fee • Public notice • Technical information
Renewal Notification Letter • Notification 180 days prior to expiration date • Extensions granted only if not notified • Application and fee submitted within 90 days before permit expiration date • Current company contact information
Form PI-1R • Include the following: • Applicant information • Important general information • Facility and source information • Type of permit renewal and associated actions
Form PI-1R(cont’d) • Permit fee information • Public notice information • Renewal certification option • Technical information
Form PI-1R(cont’d) • State regulatory requirements • Federal regulatory requirements • NSPS, NESHAP, and MACT • Copies of the application • Signature
Renewal Application Fee • Minimum fee $600 • Maximum fee $10,000 • Based on total allowable emissions
Renewal Application Fee • Fee is based on… • Total emissions including those represented in any PBR or SP that will be consolidated with the renewal and/or increases associated with a concurrent amendment application
Renewal Application Fee • Table 30-R (Permit Renewal Fees) • Fee due when renewal application filed
Example If the increase in emissions represented in Table 1(a) is 12 tons per year(tpy), how much is the renewal fee? $600 + ($35(7)) = $600 + $245 = $845
Public Notice • APIRT coordinates notice package • Applicant simultaneously publishes, posts signs, and places copy of completed application in public viewing place • Alternate language publication may be required
Public Notice • Application in public place • 15-day comment period • Newspaper clippings (Tear Sheets) • Affidavit of publication • Public Notice Verification Form
Public Notice Tips • Review the draft notice when it is received • Ensure that all pollutants are listed and address or driving directions are correct • Use the wording provided by TCEQ
Public Notice Tips • Publish alternative language notice in alternative language newspaper • Have complete and updated application in public place and signs posted when notice is published • Submit documentation as outlined in the notice package
Public Notice Example A company is requesting a permit for a boiler. The existing facility and/or related facilities are authorized to emit the following air contaminants: sulfur dioxide, volatile organic compounds, particulate matter with diameters of 10 microns or less and 2.5 microns or less, and carbon monoxide. Is this correct?
Public Notice Example NO. Nitrogen oxides are missing and should be included in the list of products of combustion pollutants for this source.
Alternate Language Publication ALTERNATIVE LANGUAGE AFFIDAVIT OF PUBLICATION FOR AIR PERMITTING STATE OF TEXAS § COUNTY OF Dallas § Before me, the undersigned authority, on this day personally appeared Jane Doe , who being by me duly sworn, deposes (Name of newspaper or publication representative) and says that (s)he is the Editor (Title of newspaper or publication representative) of the The Dallas Morning News ; that said newspaper or publication is (Name of newspaper or publication) generally circulate in Dallas, Dallas County , Texas; (the municipality or the same county as the location of the facility or the proposed facility) that the attached notice was published in said newspaper or publication on the following date(s): January 1, 2012 . Is this acceptable? Published in The Dallas Morning News Located in Dallas, Dallas County
Public Notice Example NO. The Spanish language notice should be published in a newspaper that is primarily in that language and is a newspaper of general circulation.
Renewal Certification Option • Abbreviated renewal process • Only under specific conditions • A new permit isn’t issued – only a letter • Permit is good for another ten years
Renewal Certification Option • Following questions must be answered “No”
Renewal Certification Option(cont’d) • Following questions must be answered “No”
Renewal Certification Option (cont’d) • Following questions must be answered “No”
Renewal Certification Option(cont’d) • Following questions must be answered “No”
Technical Information • Area map and plot plan • Process flow diagram and process description • Maximum operating schedule
Technical Information • Maximum emissions data and calculations • Detailed emission rate calculations and Table 1(a) for all sources • Equipment, process, or control device tables
Demonstration of Compliance • Facility operated in accordance with all state and federal requirements, limits, and conditions of current permit • Controls in place are economically reasonable and technically practicable considering age of facility • CAM requirements in place for control devices
CAM • Is site a Title V major source? • Is the facility pre-control major? • CAM is required
NSR Amendment • Concurrent amendment within three years of renewal • Optional early renewal • Amendment may require public notice • Amendment and renewal issued concurrently • Submit a complete Form PI-1, PI-1R, Table 30-R, Table 30, and fees
NSR Amendment • Change in character of emissions or a new contaminant • Increase in emission rates • Change in method of control
NSR Alterations • A permit alteration: • Is any change from a representation in an application, general condition, or special condition in a permit that does NOT trigger…
NSR Alterations(cont’d) • A change in method of control; • A change in the character of emissions; or • An increase in the actual or allowable emission rate of any air contaminant.
NSR Alterations • Must receive prior approval by the executive director if: • Result in an increase in off-property concentrations of air contaminants; • Involve a change in permit conditions; or • Affects facility or control equipment performance.
NSR Alterations The executive director shall be notified in writing of all other permit alterations not specified in the previous slide.
Example An applicant would like to increase the emission rate for one facility while decreasing emissions by the same amount from another facility. Is this an alteration?
Example NO. An increase in emission rate of a facility, even though the emissions could be offset by another facility, cannot be authorized through an alteration.
Example A company wants to raise the stack venting an emission source. There will be no increase in emissions. Is this an alteration?
Example YES. This change can be processed as an alteration.
Example A company wants to increase the throughput on a source controlled by a baghouse. The emissions from the baghouse listed on the MAERT will not increase. Is this an alteration?
Example NO. Although the allowable emissions from the baghouse listed on the MAERT do not increase, the actual emissions from the baghouse do increase.
Summary • NSR Renewals • 10 years before renewal, possibly sooner depending on compliance history • Submit appropriate forms and documentation
Summary (cont’d) • NSR Renewals • Submit appropriate fee calculated with Table 30–R • Perform public notice • Renewal Certification Option
Summary(cont’d) • NSR Amendments • Obtain if... • Change in method of control of emissions; • Change in character of emissions; or • Increase in emission rate (actual or allowable).
Summary(cont’d) • NSR Alterations • Obtain if proposed alteration does not result in... • Change in method of control of emissions; • Change in character of emissions; or • Increase in emission rates (actual or allowable).