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CANDACE CARRAWAYOFFICE OF AIR QUALITY PLANNING AND STANDARDSUS EPAJUNE 2013

General Permits and Permits by Rule

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Major Topics

Review the basics of general permits (GPs) and permits by rule (PBR)

Pros and cons of these permits How these permits fit into the Tribal NSR

rule Status report on EPA’s development of

these permits Review of an excerpt from a proposed

PBR

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Types of Minor Source Permits EPA Can Issue Under the Tribal NSR Rule Source specific permit (including synthetic

minor permit) General permit Permit by rule (to be added)

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Basics on General Permits (GPs) and Permits by Rule (PBR)

Provide for protection of air quality while simplifying the permit process for similar minor sources

In the minor NSR context, these are preconstruction permits that cover pollution sources that have similar pieces of equipment and similar control requirements

Both contain a standard set of requirements that apply to specific equipment or activities

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What Do GPs and PBR Have in Common?

Generally intended to cover smaller sources of emissions

Facility must obtain permit before construction and comply with terms when operating

They are optional; facility can choose to go through the regular minor NSR permitting process instead

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What Do GPs and PBR Have in Common?

Development: Standardized terms and conditions are

developed for a category of sources or pollutant-emitting activity

Public notice and comment occurs before EPA finalizes the permit

A final GP or PBR is final agency action Permit terms:

Emission limits/requirements for control equipment, monitoring, record keeping and reporting requirements, etc.

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What Do GPs and PBR Have in Common?

Process for obtaining coverage: Source applies for coverage under the

“umbrella” of the pre-established GP or PBR

Application requires less information than for a source-specific permit

Source must submit a copy of its request for coverage to the Tribe when it submits the request to the reviewing authority

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What Do GPs and PBR Have in Common?

Approval and notification: Reviewing authority will issue an approval

of the request for coverage if source qualifies

Reviewing authority will notify the public if it issues an approval of the request for coverage

Public can challenge whether sources qualifies for the GP or PBR, but may not challenge the terms and conditions of the permit

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Comparison of GPs and PBR

General permits: More complex operations Permit applications from individual

sources may require more source-specific information than application for PBR

Reviewing authority needs to conduct more involved review to evaluate whether individual source meets criteria in GP

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Comparison of GPs and PBR

Permits by rule: More standardized and easier to implement

because they require less information from individual sources applying for a permit

Well suited for Sources that emit few criteria pollutants Less complex operations

Permit conditions governing source operation, monitoring and recordkeeping are pre-defined in the rule

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Pros and Cons of GPs and PBR

Significantly reduce the time, expense and complexity related to the preparation and review of permit applications

Allow permit staff to devote more time to permits for facilities with more complex permit requirements

Permits can be issued relatively quickly saving facilities time and money

Provide a guaranteed control plan and maximum allowable emissions rate for sources that qualify

Public may be unaware of their review opportunities until the facility applies for coverage, which is too late to comment on the permit itself

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Connection to Permit Application Deadlines in Tribal Minor NSR Rule

Minor sources that commence construction or any stationary source that undertakes a minor modification on or after 9-2-14 must obtain a minor NSR preconstruction permit

EPA intends for sources to be able to seek coverage under a general permit once it is effective Plan to clarify requirements under the Tribal NSR

rule Currently rule says that sources covered by a

general permit must obtain a permit within 6 months of publication or 9-2-14, whichever is earlier

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Tribal NSR Update: Bundle #1 (6 categories)

Categories Gas dispensing facilities Auto body and miscellaneous surface

coating Petroleum dry cleaners Rock crushing facilities Hot mix asphalt plants Landfills

Proposal target date: Summer 2013 Final target date: Fall 2013

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Tribal NSR Update: Bundle #2 (6 categories)

Categories: Boilers Engines Printing Operations (including

degreasing/solvent cleaning) Stone Quarrying and Processing Concrete Batch Plant Saw Mills

Proposal target date: Fall 2013 Final target date: February 2014

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Tribal NSR Update: Bundle #3

Category: Oil and gas operations and production

Target date proposal: TBD Target date final: September 2014

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Reconsideration of Policy on General Permits for Synthetic Minors Current policy is not to allow the use of

general permits to create synthetic minor sources

In Bundle #1 permit package, we plan to discuss and seek comment on reconsideration of policy on use of general permits to create synthetic minors

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Public Involvement Process

To establish PBR, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing)

To establish GPs, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing) or will provide notice and 30-day comment period and opportunity to request a hearing

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Excerpt from Ohio Proposed PBR

Identifies source category and criteria for applicability

Lists emission limitations, conditions for operation and requirements for record keeping and reporting

Facilities apply by sending notification form to Ohio EPA stating the source meets the PBR criteria and will operate according to the PBR conditions

To address public notice concerns, state lists PBR sources in data base

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Summary

Two options for minor NSR permits in Indian country are: Source specific permits (including synthetic minors) General permits

Plan to create a third option: permits by rule General permits and permits by rule:

Cover pollution sources that have similar pieces of equipment and similar control requirements

Have a simplified application and issuance process Include a standardized set of requirements that apply to

specific equipment or activities Have public review of the permit when the rule or permit is

drafted