tribal permitting conference 2013 steve dunn, p.e., construction permit team leader; bureau of air...

TribalPermitting

Conference 2013

Steve Dunn, P.E., Construction Permit Team Leader; Bureau of Air Management(608) 267-0566; [email protected]

Air Pollution Control PermitsAir Pollution Control Permits• What do Air Permits do?

– Identify applicable legal requirements– Delineate how the facility will comply

with those requirements– Give authority to facility to emit at

regulated levels– Assure air quality standards can be met

• Protect human health and welfare

Air Pollution Control PermitsAir Pollution Control Permits• What is WI’s Program

– Construction permits for new sources (SIP approved since late 1990’s for PSD/NSR)

– Operation permits for major, FESOP and minor sources

– Registration operation permits for sources with less than 25 tpy actual emissions

– General operation and construction permits for printers, crushers and asphalt plants


– Complete approx. 90 construction permits per year. Fee funded

– Over 400 Title V sources on 5-year renewal schedule

– Permits is a decentralized activity with permit writers throughout the State

– PSD/NSR major source review is a mostly centralized activity


– Generally, construction permits issued separately from operation permits

– Construction permit terms included at next revision or permit renewal

– Terms of construction permits, except authority to construct, are permanent


– Non-attainment areas is SE WI for PM2.5 and ozone

– One Tribal Class I area in NW WI– Partnering with Tribe on implementing

Class I requirements and MOU between the State and the Tribe

Topics in PermittingTopics in Permitting• Greenhouse gas regulationGreenhouse gas regulation• Sand miningSand mining• NO2, SO2 modeling and complianceNO2, SO2 modeling and compliance• Single source determinationsSingle source determinations• Biogas and agricultureBiogas and agriculture• SIP’sSIP’s• PM2.5PM2.5• StreamliningStreamlining• Working with you!Working with you!• Questions?Questions?

Greenhouse Gas regulation• History of GHG regulationHistory of GHG regulation

– January 2011: New GHG air permitting began for facilities that January 2011: New GHG air permitting began for facilities that would have to go through air permitting for non-GHG pollutants would have to go through air permitting for non-GHG pollutants anyway. anyway.

– January 2011: EPA proposed a three-year deferral of GHG January 2011: EPA proposed a three-year deferral of GHG permitting for facilities that use biomass. permitting for facilities that use biomass.

– July 2011: New GHG permitting began for new facilities that would July 2011: New GHG permitting began for new facilities that would emit more than 100,000 tons of CO2e per year and for facilities that emit more than 100,000 tons of CO2e per year and for facilities that will undergo major modification that would increase emissions by will undergo major modification that would increase emissions by 75,000 tons of CO2e per year. 75,000 tons of CO2e per year.

– July 2011: EPA finalized a three-year deferral of GHG permitting for July 2011: EPA finalized a three-year deferral of GHG permitting for facilities that use biomass facilities that use biomass (not available in Wisconsin).(not available in Wisconsin).

Greenhouse Gas Regulation• WI PermittingWI Permitting

– 50 MW biofuel boiler50 MW biofuel boiler– 1200 MMBTU nat gas boilers (four combined)1200 MMBTU nat gas boilers (four combined)– Other nat gas boilersOther nat gas boilers– nat gas/landfill gas fired simple cycle combustion turbinesnat gas/landfill gas fired simple cycle combustion turbines– Large utility coal boilerLarge utility coal boiler– Limits based on outputLimits based on output– requires a level of useful energy production per unit of requires a level of useful energy production per unit of

fuel energy consumedfuel energy consumed

Greenhouse Gas Regulation• All permitteesAll permittees

– Need to include GHG emissions in all Need to include GHG emissions in all permit (operation and construction) permit (operation and construction) applicationsapplications

– Biogenic 3-year waiver not (yet) Biogenic 3-year waiver not (yet) available in WI. June 20, 2013 is SIP available in WI. June 20, 2013 is SIP approvalapproval

“Frac” sand mining

• Numerous sand mining and processing operations operating or under construction

• Primarily in western WI• Primary emissions are fugitive

particulate and emissions from coating or drying, if applicable


• Issues:– Fugitive dust control

• Fugitive dust plans being required as part of construction permit application

• Biggest source of complaints and concerns from neighbors of operating facilities or proposed facilities


• Issues:– Single source for operation separated by

distance (up to 20 miles)– Many construction permit waiver requests

due to short term delivery commitments– Generally minor (non Title V) sources

Air Quality Analysis• What is recent

– 1-hour standard for NO2 and SO2 being evaluated for PSD projects; for minor projects in 2 years or so (maybe, depends on rulemaking)

– Shorter term standards make for new permit issues

– Compliance averaging time for these pollutants is now much more important

SO2 and NO2• SO2

– Generally fuel based emissions– Can be accurately predicted from fuel sulfur

content and fuel sampling (coal, oil, nat gas)– Short-term emissions more problematic for

some processes such as foundry cupolas (fuel based and process related emissions)

– Generally manageable for short term emission limitations

SO2 and NO2• NO2

– Often 30 day rolling average emission limitations

– Not necessarily protective of the ambient standard

– Generally combustion related– Cannot be accurately predicted on a short

term basis from fuel type– Short-term emissions can be quite variable

(startup/shutdown/unsteady state operation)

SO2 and NO2• NO2

– What averaging time for limitations is appropriate?

– How can compliance with short-term emission limitations be demonstrated

– What are realistic operating scenarios and maximum hourly emissions

Single source detemrinations

• Part 70 and PSD (NSR) rules establish criteria for what is a facility/source– Same two-digit SIC classification– Located on contiguous or adjacent

property– Under common control


– Same SIC Classification• Two digits are the major group classification

(exs. Mining, utility,…)• Who decides the SIC of facilities?• Classification by primary purpose of the

facility– Exs: wwtp at industrial facility, boilers at an

industrial facility,…_– Support facility – operation that is primary for

supporting the production of the primary produce– Origin in 1980 PSD rule preamble


– Same SIC Classification– More complicated

• Sand coating and sand mining• Co-located digesters

Emission Limit applicability• Important to know limit form and

applicability to demonstrate compliance– What is the basis of the limit? Modeling?

BACT? Adm. Code? MACT?– Does the limit have an averaging period? Can

it have an averaging period?– Does the limit apply at all times or are the

exceptions? Are these exceptions clear in the permit?

– How is compliance demonstrated? Does this actually demonstrate compliance?

Permits in 2012– Guidance on when a construction change is a

revision of the active construction permit or a new modification

– Permit guidance from petition workgroup– Evaluating potential for additional ROP’s or

GOP’s– GHG biogenic deferral– Continue to try and improve efficiency and the

permit documents

tribal permitting conference 2013 steve dunn, p.e., construction permit team leader; bureau of air...

Documents