Air Quality Permitting Webinar Sponsored by Kansas Small Business Environmental Assistance Program and Kansas Department of Health and Environment, Bureau of Air Webinar will begin at 10:00 a.m. CDT March 24, 2010 Air Permitting Webinar, December 9, 2009

Webinar Logistics You will not be able to speak during the Webinar. Trouble hearing? Use your phone. Click on the phone icon and dial the number/pin number. Mute your line (please!). Ask questions by typing them into the long text box at the bottom of the screen and pressing “Enter.” Questions will be answered at end, time permitting. Slides will advance automatically. Questions? Call the help desk at 785-532-7722. The presentation and questions will be archived. Access instructions and survey will be sent via e-mail.

Agenda SBEAP Air regulation overview Potential to emit (PTE) What is it? How is it calculated? Examples Emission sources Construction permits/approvals Operating permits (Class I and II) NESHAP/MACT Air Permitting Webinar, December 9, 2009

Small Business Environmental Assistance Program Provides air-focused technical assistance to Kansas small- and medium-sized businesses Environmental regulatory compliance Emissions reduction and pollution prevention Permitting and reporting requirements All states have a similar program. This is a program we operate under a specific contract with the Kansas Department of Health and Environment. Kansas Small Business Environmental Assistance Program (SBEAP) provides small businesses with technical assistance to achieve environmental regulatory compliance. The program supports companies in their effort to prevent pollution and enhance the bottom line by improving the company’s environmental performance. All services are free and confidential. SBEAP staff – In Wichita: Nancy Larson, 316-660-0104; nlarson@ksu.edu In Manhattan: David Carter, 785-532-4998; dcarter@ksu.edu In Salina: Barb Johnson, or 785-452-9456; barblj@ksu.edu In Kansas City: Ryan Hamel, 913-715-7018; rhamel@ksu.edu or Ryan.Hamel@jocogov.org Air Permitting Webinar, December 9, 2009

Small Business Environmental Assistance Program SBEAP services are provided via Environmental hotline (800-578-8898) On-site visits Targeted regulatory or industry-specific workshops Publications (hard copy or electronic) Fact sheets, manuals E-tips Web-based resources and training www.sbeap.org One of our primary activities is conducting on-site assessments at businesses. Businesses generally contact us through our hotline or are referred to us when they have a regulatory or waste stream problem. If the business desires, we go to the facility and perform an assessment based on its needs. Many times businesses are interested in us looking for any regulatory problems related to hazardous waste, air, or wastewater discharges. Other times businesses would like us to help them identify cost-saving measures that increase their efficiency as well as decrease wastes. Each year we perform numerous assessments at machine shops, metal finishing shops, painting operations, printers, dry cleaners, and numerous other manufacturers. These services are free, confidential, and nonregulatory. Please feel free to refer a business that you may know to the SBEAP. Publications include fact sheets, manuals, compliance calendars, self-assessment checklists, on-line trainings/tools, covering environmental regulations, pollution prevention, industry- and process-specific information, and case studies. We’ve held several Webinars and workshops in the past and have more planned. Each year, our work plan includes a series of workshops. Again, the industry or topic focus is often dictated by new regulations or a special regulatory focus. Check out our web site for more information on upcoming workshops. Past Webinars and workshops include: Air quality Lawn care for clean air EMS Industrial coatings Healthcare Dry cleaning Printing Wood and metal finishing Salvage yards Auto maintenance Auto body Air Permitting Webinar, December 9, 2009

CAA 1970 Risk-based standards SOx NOx CO PM10 Lead Ozone Technology-based standards for point sources CAA set national ambient air quality standards (NAAQS) based solely on human health risk, regardless of cost, for six “criteria” pollutants. The “New Source Performance Standards” (NSPS) required the “best available control technology” (BACT). Automobile manufacturers were required to reduce air pollution by 90% (beginning with 1975 models). 1977 amendments authorized EPA standards for “prevention of significant deterioration” (PSD) to keep good air quality where it already existed. They also authorized “lowest achievable emissions rate” (LAER) on new sources in non-attainment areas. Problems with this approach – Specific emission-control leaves few options for control technologies. Existing sources were “grandfathered” increasing incentive to keep operating. Adoption of best current practice is disincentive for new, innovative technologies. Focus on “end of pipe” technology merely shifts pollution to other media. Compliance monitoring close to plants resulted in higher stacks, which increased long-range transport of pollutants. No emissions “cap.” Air Permitting Webinar, December 9, 2009

CAAA 1990 Contains 11 titles, including – Title I: National ambient air quality standards (NAAQS) Title III: Hazardous air pollutants (HAPs) Title V: Operating permits Title I – National Ambient Air Quality Standards (NAAQS) – attainment areas – currently all of Kansas is IN attainment – Johnson and Wyandotte counties still regulated. Title II – Mobile sources (such as cars, trucks, buses, planes, and nonroad vehicles). Reformulated gasoline, auto emission controls, vapor- recovery nozzles on gas pumps, etc. Title III – List of 187 HAPs (originally 189). National Emission Standards for Hazardous Air Pollutants (NESHAP) – Categories of industries emitting HAPs are regulated with standards – Maximum Achievable Control Technology (MACT). NESHAP also typically includes process changes, material substitutions, operator training and/or certification, and improved work practices. These rules are in 40 CFR part 61 (prior to 1990) and 63. Title IV – Acid rain – establishes SO2 emissions program. Title V – Permitting. Comprehensive operating permits, known as part 70 permits, or Title V permits. (In Kansas, these are known as Class I permits). Permits are determined by the facility’s potential emissions, requiring many small businesses to get some type of operating permit. Permitting requirements are from 40 CFR part 70. Title VI – Stratospheric ozone protection – includes phasing out the manufacture of ozone-depleting chemicals and restricting their use. These chemicals include many refrigerants. Title VII – Enforcement General Duty Clause – Obligates facilities to identify hazards through a hazard assessment, prevent and minimize the effects of accidental releases, and provide emergency response for accidental releases. All facilities with extremely hazardous substances present must comply. EPA interprets “extremely hazardous substances” broadly. Facilities that use regulated substances under section 112(r) (40 CFR 68) are required to develop Risk Management Programs. Maximum penalty for violations are $27,500 per day per violation. Air Permitting Webinar, December 9, 2009

Kansas Air Quality Regulations KAR 28-19-1 -- 801 The Kansas Air Quality Act (KAQA) implements elements of the 1990 Clean Air Act Amendments. It is administered by the Kansas Department of Health and Environment (KDHE) Bureau of Air. Located on the KDHE BOA Web site at http://www.kdheks.gov/bar/download/KS_AQ_REGS.pdf Air Permitting Webinar, December 9, 2009

What must you evaluate? KAQA applicability and compliance Existing sources that are not permitted Proposed sources Existing sources that are permitted, when modifying or adding new equipment Be sure you are in compliance with all permitting, recordkeeping, and notifications. If you find an existing source should be permitted but is not, notify KDHE. Construction permits or approvals are required prior to beginning construction. Applications should be submitted well in advance of beginning construction or modifying. A source can be a single facility or a group of facilities located on contiguous property that has air emissions. Emission source can be a piece of equipment that has air emissions. Air Permitting Webinar, December 9, 2009

Emission unit – any part or activity of a stationary source that emits or would have the potential to emit any regulated pollutant or any pollutant listed under 42 U.S.C. 7412(b) of the federal Clean Air Act. Emission source: KAR 28-19-200(x) Emission unit: KAR 28-19-16a(j); 28-19-61 (z); and 28-19-200(y) Air Permitting Webinar, December 9, 2009

What are emissions? Stack emissions Fugitive emissions (if a federally designated fugitive emission source) Stack emissions leave or could reasonably leave your building through a vent or stack. See Kansas Air Quality Regulations and Statutes, 28-19-200 (dd) for a list of federally designated fugitive emission sources. Also include fugitive emissions if facility is regulated by a New Source Performance Standard (NSPS) or National Emissions Standard for Hazardous Air Pollutants (NESHAP) established prior to Aug. 7, 1980. If a source is determined to be a major source, fugitive emissions, to the extent quantifiable, are considered in subsequent analyses. Air Permitting Webinar, December 9, 2009

Identify each emissions unit A unit (or source) is an activity that emits or has the potential to emit. Emission units do not have to be connected to a stack or vent. The entire facility can be viewed as an emissions unit. For Class II permit purposes, identify your emission unit(s) based on what’s convenient for you to track. It depends on how you keep your records and what method you’re using for calculating emissions. For example, if your emissions are only from a boiler, it can be your emission unit. If you have a boiler and a paint booth, you can have two emission units. If you have multiple paint booths and are not tracking the material usage in each of them separately, you can consider the entire facility as an emissions unit. Air Permitting Webinar, December 9, 2009

Frequently overlooked emission sources Bleed valves Compressors Degassing (line, pump, vessel) Steam traps Process vents Pressure-relief Cooling towers Loading operations Solid wastes Wastewater collection and treatment Transfer operations Cooling towers may have heat exchanger leaks. Air Permitting Webinar, December 9, 2009

Emissions from activities Conveyors Tank truck loading and unloading Valves and vents Wastewater treatment plant emissions Material storage and transfer Evaporation Wind erosion Haul roads Air Permitting Webinar, December 9, 2009

Other emissions to consider Degreasing tanks Welding activities Pumps Painting Cleanup Air Permitting Webinar, December 9, 2009

What to leave out Categories of Exempt Activities Fuel use Upkeep and maintenance Production operations Finishing operations Storage tanks Wastewater collection and treatment Cleaning operations Residential activities Recreational activities Health-care activities Miscellaneous Exemptions found in Class I permit application instructions – www.kdheks.gov/air-permit/download.html Fuel use (production of hot water for personal use, not related to industry) Upkeep and maintenance (grounds keeping, general repairs) Production operations (welding equipment with no HAPs) Finishing operations (hand-held equipment for buffing, polishing) Storage tanks (tanks holding liquids with no VOCs or HAPs) Wastewater collection and treatment (stacks or vents to prevent escape of sewer gases) Cleaning operations (janitorial services and consumer use of products) Residential activities (typical emissions from residential structures) Recreational activities (fireplaces, barbecue pits, and cookers) Health-care activities (equipment for diagnosis and care of patients) Miscellaneous (fire extinguishers, fugitive dust emissions from vehicles at the source, A/C units for personal use) Air Permitting Webinar, December 9, 2009

Potential to Emit (PTE) This is the maximum design capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation shall be treated as part of the design – Control equipment Hours of operation Amount of material Stored Combusted Processed Potential emissions determine you require a construction permit or approval, and whether or not you’re a major source. These are calculated based on “full” operation at all times. Physical or operational limits may be used to limit your PTE, but the limits must be federally enforceable. Air Permitting Webinar, December 9, 2009

PTE assumptions 24-hour operation, 365 days per year Operate at maximum capacity No pollution control devices or practices “Bottlenecks” can limit the PTE This is the maximum design capacity of a stationary source to emit a pollutant under its physical and operational design. Must use “worst” case for calculating PTE. Use maximum design capacity for boilers or combustion sources. Calculate PTE without pollution control devices. Operation of a pollution control device can be one of the permit conditions, if you determine that a permit is needed. A bottleneck is a physical or operational limitation that is part of the design of the emission facility or emission unit. Bottlenecks prevent operation of the equipment at 100% capacity and can be considered when calculating PTE. Be sure, though, that the bottleneck isn’t resolved in the future, changing your PTE. Air Permitting Webinar, December 9, 2009

Steps for calculating PTE Identify each emission unit List all possible pollutants Quantify emissions (tons/year) Material balance Emission factors Performance tests Think of every possible source of air emissions at your facility. Mobile sources (cars, trucks, forklifts, etc.) aren’t included. Calculate emissions from the highest polluting unit first, to determine whether or not you’re in the ballpark. Air Permitting Webinar, December 9, 2009

List all possible pollutants Nitrogen oxides (NOx) Sulfur oxides (SOx) Carbon monoxide (CO) Volatile organic compounds (VOCs) Particulate matter 10 microns or less (PM10) Lead Hazardous air pollutants (HAPs) When initially calculating emissions, consider all possible emissions. In addition to stacks and vents for manufacturing processes, consider – Conveyor transfer points for bulk materials Tank truck loading and unloading Tanks, valves, and vents Degreasing tanks Painting and cleanup activities Air Permitting Webinar, December 9, 2009

PTE calculation methods CEMS Stack tests Material balance Emission factors Engineering judgment Other approved method Stack test results are applicable only to conditions existing at the time of the testing or monitoring. Better estimates are typically obtained from longer-term tests. Also, test methods and data must be validated and accepted by KDHE. Material balance is a basic method for calculating PTE, covered later in this presentation. AP-42 (compilation of air pollutant emission factors), AIRS (aerometric information retrieval system) and FIRE (factor information retrieval) are all compilations of emission factors for specific processes accepted by EPA. These factors are usually expressed as the weight of pollutant divided by a unit weight, volume, distance, or duration of the activity emitting the pollutant (e.g., kilograms of particulate emitted per megagram of coal burned). E.g., the emission factor of fugitive emissions from a lead smelting furnace is 0.2-0.6 pounds of lead per ton of lead produced. Other methods of emission calculations, such as computer programs or industry-specific emission factors, may be approved by KDHE on an individual basis. Air Permitting Webinar, December 9, 2009

Material balance Product in = product out (assumes constant inventory) Example: solvent cleaning Solvent purchased = emissions Material balance can be applied to individual unit, activity, or entire source process. Initially, use purchasing records to keep track of material used. As you get close to the threshold, you need to be more exact. If inventory varies significantly during the reporting period, keep track of actual usage. Once you get a Class II permit, keep records of material shipped off site for disposal or recycling, and subtract that amount from your actual emissions. Air Permitting Webinar, December 9, 2009

Fuel consumption Emissions from combustion can be calculated based on the fuel and equipment used. Rated heat capacity can be used. Maximum rated fuel consumption can be used. The worst-polluting fuel capable of being used in the equipment must be the basis for calculating potential to emit. Air Permitting Webinar, December 9, 2009

Sample PTE Calculation A facility operates a paint booth 2,000 hours a year and uses 3,000 gallons of blue paint with a density of 9.85 pounds per gallon. The paint is 25% volatile organic compound (VOC) by weight. Actual emissions (3,000 gal/yr) x (9.85 lbs/gal) x (0.25 lbs VOC/lb of paint) = (7,388 lbs of VOC/year) x (1 ton/2,000 lbs) = 3.7 tons of VOC/year Potential emissions (3.7 tons of VOC) x (8,760 potential hours/2,000 actual hours) = 16.2 potential tons VOC/year You have to calculate PTE for each of the six criteria pollutants and each of the 187 plus HAPs for each chemical you use. Air Permitting Webinar, December 9, 2009

Sample PTE Calculation (cont.) The blue paint also has xylene (a HAP) at 14% by weight, so you follow the same calculation for each HAP. Actual emissions (3,000 gal/yr) x (9.85 lbs/gal) x (0.14 lbs xylene/lb of paint) = (4,137 lbs of xylene/year) x (1 ton/2,000 lbs) = 2.1 tons of xylene/year Potential emissions (2.1 tons of xylene) x (8,760 potential hours/2,000 actual hours) = 9.2 potential tons xylene/year Common HAPs in painting/coating/solvents include xylene, ethyl benzene, toluene. Air Permitting Webinar, December 9, 2009

Tools for Air Emission Calculations Painting and coating Boilers Engines 12-month rolling totals MACT WWWW Compliance Demo SBEAP training tools

Air construction permits Prevention of Significant Deterioration (PSD) permits Significance levels 100 ton/yr PTE for listed sources 250 ton/yr PTE for all other sources Construction permits KAR 28-19-300(a) Construction approvals KAR 28-19-300(b) KDHE informational sheets Prevention of Significant Deterioration permits are designed to keep an attainment area in compliance with NAAQS. Regulations are found in KAR 28-19-350 (essentially adopts 40 CFR 52.21). PSD construction permits are issued to new major sources (or modifications of minor sources) that demonstrate no significant deterioration of ambient air quality. PSD requires NAAQS and increment impact analysis, additional impacts analysis, BACT analysis, and could require pre-construction and/or post-construction monitoring. Listed sources are found in KAR 28-19-200 (dd). Facilities that are existing major sources and have major modifications that result in significant net emissions are subject to PSD permitting. Significant net emission rates Pollutant PTE (tons/yr) PM10 15 SO2 40 NO2 40 VOC 40 CO 100 Lead 0.6 PM 25 Fluorides 3 Sulfuric Acid Mists 7 Total Reduced Sulfur (TRS) compounds 10 H2S 10 Municipal Waste Combustor (MWC) acid gases 40 MWC metals 15 MWC Organics 0.0000035 Ozone depleting substances (ODS) any increase Municipal Solid Waste landfill Emissions 50 (Non-Methane Organic Compounds [NMOC]) Air Permitting Webinar, December 9, 2009

Construction permits – when? If PTE threshold is met because of – New construction Modification of existing emission unit Change in method of operation Emissions unit is major HAP source or incinerator Acceptable activities that can occur prior to construction Obtain construction permit prior to beginning construction/modification. Pre-construction activities include clearing land, making contracts, purchasing equipment, constructing fences, building roads, installing power lines, and storing equipment. Confidential business information request must meet definition and be submitted in accordance with policy. Typical units that are modified include boilers, tanks, engines, rock crushers, and paint booths. Construction permits are also required for affected acid rain sources and incinerators. Construction permit thresholds Pollutant Threshold (Tons/Year) PM 25 PM10 15 PM (ag-related) 100 SOx 40 CO 100 VOC 40 NOx 40 Lead (or compounds) 0.6 NOTE: If you get a construction permit with federally enforceable permit restrictions, you must file for an operating permit within a year of commencing operations. Air Permitting Webinar, December 9, 2009

Construction permit threshold Pollutant Threshold (Tons/Year) PM 25 PM10 15 PM (ag-related) 100 SOx 40 CO 100 VOC 40 NOx 40 Lead (or compounds) 0.6

What ISN’T a modification? Routine maintenance, repair, or replacement Switching fuel – specific cases Increase in production rate or hours – as long as not prohibited by permit Change in ownership Keep vendor documentation in the case of replacement of equipment. Switching fuel is allowed: When required under the Energy Supply and Environmental Coordination Act of 1974 When required under Section 125 of the Clean Air Act To burn municipal solid waste for steam-generating units When it is a material that the source could accommodate prior to Jan. 6, 1975, providing it’s not prohibited by permit The word “routine” in the regulations not only applies to repair and maintenance but also to the term replacement. Determinations on whether a replacement project is routine are conducted on a case-by-case basis. Factors that KDHE uses to determine whether a modification is routine include the nature, extent, purpose, frequency and cost of the project. Generally, the replacement of an entire emission unit does not qualify as “routine”. The term “routine replacement” generally means the replacement of parts. Air Permitting Webinar, December 9, 2009

Construction approvals – when? Does not exceed construction permit thresholds Exceeds construction approval thresholds Emissions unit is subject to NSPS NESHAP/MACT Construction permit application form K.A.R. 28-19-300(b) – the approval application is the same as the permit application, but no application fee. NSPS – New Source Performance Standard; NESHAP – National Emission Standard for Hazardous Air Pollutants; MACT – Maximum Achievable Control Technology Construction approval thresholds Pollutant Threshold PM 5 lb/hr PM10 2 lb/hr PM/PM2.5 (Ag-related) 5 lb/hr SOx 2 lb/hr CO 50 lb/24hr VOC (WY/JO counties) 15 lb/24hr VOC (WY/JO counties) 3 lb/hr VOC (all other counties) 50 lb/24hr NOx 50 lb/24hr Lead (or compounds) 0.1 lb/hr Air Permitting Webinar, December 9, 2009

Construction approval thresholds Pollutant PTE PM 5 lb/hr PM10 2 lb/hr PM/PM2.5 (Ag-related) 5 lb/hr SOx 2 lb/hr CO 50 lb/24hr VOC (WY/JO counties) 15 lb/24hr VOC (WY/JO counties) 3 lb/hr VOC (all other counties) 50 lb/24hr NOx 50 lb/24hr Lead (or compounds) 0.1 lb/hr

Kansas air operating permits Class I operating permits (true major sources) Class II operating permits (potential major, actual area sources; limits PTE) KDHE Permit Forms and Applications KAR 28-19-500 series regulations, Title V of the CAAA Class I applications have an initial fee. Class II applications have an initial fee. Class III (registrations) Requirements were revoked Sept. 23, 2005; intended to be registration for minor sources subject to a federal regulation. No need to request the voiding of this permit. See appendix for a list of NSPS source categories and part 61 NESHAP (National Emission Standards for Hazardous Air Pollutants) sources. These permits are also used for Johnson and Wyandotte counties’ facilities under RACT (reasonably available control technology) rules and incinerators (includes paint hook burn-off ovens). A facility obtains a single permit. A facility is defined as under – Common owner or common control Same major SIC code or support facility Contiguous or adjacent property Air Permitting Webinar, December 9, 2009

Major source Stationary source with potential emissions of – 100 tons/yr or more of regulated pollutant (e.g., NOx, SOx, PM10, CO, VOC, lead) 10 tons/yr of any single HAP 25 tons/yr of any combination of HAPs Facilities subject to Title IV (acid rain) and New Source Performance Standards for incinerators are classified as major sources. EPA designated categories are also major sources. Organic compounds that have negligible photochemical reactivity, and thus are NOT classified as VOCs, include 1,1,1-trichloroethane and methylene chloride [see list in KAR 28-19-61 (hhhh)]. [However, methylene chloride is a HAP] Air Permitting Webinar, December 9, 2009

Class I permits Combines all air quality requirements into single permit (corrects and modifies previous permits and approvals) Requires sources to review and correct air quality requirements Requires annual air emission inventory submissions KAR 28-19-500 $1,000 application fee, may be waived/reduced by emission fees paid; five-year permit term; renewal application due six months prior to expiration Class I applications are complex. Air Permitting Webinar, December 9, 2009

Class I permits (cont.) Establishes recordkeeping, monitoring, and testing requirements Establishes semi-annual reporting and annual compliance certification Federally enforceable Federally enforceable – generally means that you must be able to show continual compliance with each limitation or requirement (typically through recordkeeping, testing, and/or monitoring). Air Permitting Webinar, December 9, 2009

Class I permit – who needs it? Major source Affected source Subject to New Source Performance Standard (NSPS) Subject to 112(r), prevention of accidental releases Designated by the secretary Major source – actual emissions of 100 tpy or more of criteria pollutants, 25 tpy or more of combination of HAPs, 10 tpy or more of single HAP Affected source – acid rain NSPS are nationally uniform standards applied to specific categories of stationary sources that are constructed, modified, or reconstructed after the standard was proposed. (KAR 28-19-720 essentially adopts 40 CFR part 60 by reference). If your facility or equipment is in a source category currently described by an NSPS, and you make a change, you may be required to provide notifications and initial performance testing. Note: Modifications that result in increased emissions subject to the standard or those whose fixed capital costs are more than 50% of comparable new construction are subject to this standard. Common NSPS subparts: D, Da, Db, and Dc – Industrial-commercial-institutional steam-generating units F – Portland cement plants G – Nitric acid plants H – Sulfuric acid plants I – Hot mix asphalt plants J – Petroleum refineries K and Ka – Petroleum storage vessels Kb – Organic liquid storage vessels L – Secondary lead smelters O – Sewage treatment plants W – Phosphate fertilizer industry Y – Coal preparation plants CC – Glass manufacturing plants DD – Grain elevators GG – Stationary gas turbines KK – Lead-acid battery manufacturing UU – Asphalt processing and roofing manufacture W – Equipment leaks at SOCMI facilities XX – Bulk gasoline terminals BBB – Rubber tire manufacturing GGG – Equipment leaks at refineries KKK and LLL – Onshore natural gas processing NNN and RRR – SOCMI distillation and reactors OOO – Nonmetallic mineral processing plants PPP – Wool fiberglass insulation manufacturing UUU – Calciners and dryers in mineral industry WWW – Municipal solid waste landfill AAAA – Municipal waste combustion devices CCCC – Commercial and industrial waste incinerators 112(r) Accidental prevention regulations – 40 CFR part 68 – list of 77 toxic substances and 63 flammable substances, with “threshold quantities (TQ)” for each, requiring risk management plans for accidental release prevention when quantities greater than TQ are used in a process. Air Permitting Webinar, December 9, 2009

Class I renewals KDHE has a special form for Class I renewal applications New forms may be required if operations have significant changes. Submit application six to18 months prior to expiration of current permit. Contact KDHE for more information. KAR 28-19-514 Air Permitting Webinar, December 9, 2009

Class II (synthetic minor) permits General Class II permits General – rock crushers Permit-by-rule Reciprocating engines Organic solvent evaporative sources Hot-mix asphalt facilities Sources with actual emissions less than 50% of major source thresholds KAR 28-19-540 – 564 Class II permits (regular) have a $200 initial fee, a $100 modification fee, and are valid until modified or revoked. Permits include specific operational limitation or control strategy to limit PTE to below major source thresholds. Specific cases: Rock crushers, organic solvent evaporative sources, reciprocating engines, hot-mix asphalt, and sources that have actual emissions of 50% or less of major source thresholds can take advantage of streamlined applications, and pay a $50 initial fee. Air Permitting Webinar, December 9, 2009

Class II permit emission levels Actual emissions (blue), potential emissions (red) Class II permits may be used to limit PTE of a source below Title V major source thresholds. This graph illustrates who is eligible for a Class II permit, i.e., those with – Actual emissions of a single HAP less than 10 tons per year, but potential emissions of that HAP greater than or equal to 10 tons per year Actual total emissions of all HAPs less than 25 tons per year, but potential emissions of all HAPs combined greater than or equal to 25 tons per year Actual emissions of all VOCs less than 100 tons per year, but potential emissions of all VOCs greater than or equal to 100 tons per year Air Permitting Webinar, December 9, 2009

Federally enforceable permit conditions The condition must be permanent, quantifiable, and otherwise enforceable. The source must be able to meet its business needs while operating under the permit conditions. You can get a Class II permit by limiting emissions with “federally enforceable permit conditions.” You have to choose a condition that can be tracked, and you must keep records on what you’re doing. You can’t be so restrictive that you put yourself out of business. Air Permitting Webinar, December 9, 2009

Limiting PTE Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of the design if the limitation or effect it would have on emissions is federally enforceable. In order to limit PTE, you need a permit. Air Permitting Webinar, December 9, 2009

Common methods of reducing PTE Pollution prevention Limit process rates Limit hours of operation Limit amount of material processed or combusted Add pollution control equipment Emission limit required by a regulation Combination of these Pollution prevention – get rid of actual and potential emissions. Contact SBEAP for pollution prevention suggestions for solvent cleaning and general housekeeping. Looking at your facility’s emissions can provide an opportunity for improving your efficiency. Be sure to make any limits you impose on your operations as generous as possible. Examples of limits include the following: Process rates – rate at which you process material through your operation per time Hours – work hours per time (or restrictions on process hours because of required cleanups or other down time) Material – amount of material that goes through your operation per time Control equipment – use a baghouse, cyclone, scrubber, or other control equipment Air Permitting Webinar, December 9, 2009

Class II general permits Source proposes restrictions used to limit emissions Material purchased, used, or processed Hours of operation Control equipment Other restriction KDHE has specific forms for several processes and equipment. Recordkeeping Restrictions must be documented and records kept. Many facilities find it easiest to track purchases, but be sure the amount purchased does not exceed thresholds. Facilities are required to keep and submit accurate records of actual emissions, and to propose methods for quantifying and monitoring restrictions. KDHE may require notification if actual emissions reach specific thresholds, and they may require a plan of getting back into compliance. If using air pollution control equipment, a maintenance plan (in compliance with KAR 28-19-501) must be used. Other restrictions could include limiting the process rate or limiting emission rates. Simple flow diagrams are required. These list the source, pollutants, source type, process or equipment subject to VOC regulations in Wyandotte or Johnson counties, NSPS requirements, and any NESHAP requirements. Annual actual emissions inventory is due by April 1. Initial application fee is $200. Air Permitting Webinar, December 9, 2009

Class II Permit Permit application Process/Equipment Description Form

Class I to Class II Applicable if – Acid rain, sulfur dioxide allowance tracking do not apply and Actual emissions are less than 10 tons of any HAP 25 tons of any combination of HAP 100 tons of NOx, SOx, PM10, VOCs, and CO Submit an application for Class II permit six to 18 months before your Class I permit expires. The two-page Class II operating permit application is located on the KDHE Website at http://www.kdheks.gov/air-permit/download.html. The application must be accompanied by the appropriate equipment description form, as well as forms for control equipment, if applicable. If, in any four consecutive calendar quarters, actual operations exceed 85% of the Class II operation restrictions, you must report actual operations to KDHE. Air Permitting Webinar, December 9, 2009

NESHAP/MACT 1970 Section 112 provisions—national emission standards for hazardous air pollutants (NESHAP) EPA had to identify hazardous air pollutants (HAPs) and identify standards to prevent any adverse human health effects with “ample margin of safety.” All were risk-based. Courts directed EPA to determine safe air pollutant levels without technological or cost concerns. 1990s—maximum achievable control technology (MACT) Congress saw setting health-based standards as too long and difficult, so initiated new “technology-based standards.” There are area source MACTs, like the perchloroethylene dry-cleaner MACT, which apply to specific industries no matter what their emissions levels are. But most MACT standards apply to major sources or Kansas Class I sources of HAPs involved in a specific industry, like furniture refinishing or boat manufacturing. Air Permitting Webinar, December 9, 2009

NESHAP/MACT sources Initially applied to major HAP sources, but now there are many area source HAP New sources must comply upon startup Existing sources comply within a period stated by the applicable standard (2-3 years) Major sources are still required to get Class I permits under the current schedule (unless they limit their PTE). All sources under the MACT, including area sources not required to get a Class I permit, are required to adhere to the MACT. A major source facility that is subject to a major source NESHAP, must also be classified as a Class I facility, no matter the amount of its actual emissions. KAR 28-19-750 essentially adopts 40 CFR Part 63 by reference. Air Permitting Webinar, December 9, 2009

General MACT requirements Initial notification Recordkeeping and reporting Malfunctions plus periodic startup and shutdowns must be reported. KDHE has adopted all MACT standards through July 1, 2005 (K.A.R. 28-19-750); submit reports for these to KDHE, copying EPA. List of MACTs You must notify the agency that you’re subject to the MACT. If a performance test is required, you must notify the administrator within 60 days prior to testing. There are lots of records required if you are subject to the MACT, and periodic reports that must be filed. Do not fail to do these!!! If you determine you are NOT subject to the MACT, keep those records on file at least five years. Keep abreast of any changes within your operations that might change your status. Air Permitting Webinar, December 9, 2009

Questions? SBEAP: 800-578-8898 KDHE air permit contact list