Who Needs a Permit?

1. Who Needs a Permit? Kansas Air Quality Seminar March 5, 2008 Ryan Hamel, Small Business Environmental Assistance Program

2. Overview • Common industries needing a permit • Evaluating permit requirements • Potential applicable regulations • FAQ

3. Common Industries Needing a Permit (All facilities should check)

4. Common industries • Painting/coating operations • Printing operations • Industries with: • Large boilers • Furnaces • Kilns • Ovens • Generators

5. Common industries • Sandblasting operations • Solvent use operations • Grain elevators, flour mills, food processing • Woodworking • Asphalt, concrete, rock-crushing

6. Common industries • Petroleum refineries • Incinerators • Chemical manufacturing • Livestock and meat processing

7. Evaluating your need for a permit

8. Steps to take • Identify all equipment or processes that produce air pollutants • Identify the pollutants they emit (materials used) • Calculate the potential-to-emit (PTE) for each pollutant from each process

9. Potential-to-emit (PTE) • Represents the source’s maximum capacity or worst case scenario emissions • The maximum amount of air pollution your facility can emit if: • Each process operates at 100% of its capacity • All equipment is operating 24/7 (8,760 hrs/yr) • Materials that emit the most air pollution are processed 100% of the time • No pollution control equipment is used

10. PTE – Emission factors Emission factors • Manufacturer’s emission factors are best • AP-42 is a compilation of factors for specific processes accepted by EPA • www.epa.gov/ttn/chief/ap42/index.html • Emission factors software and tools • www.epa.gov/ttn/chief/efpac/efsoftware.html

11. PTE – Material balance Material balance • Product in = product out (assumes constant inventory) • Product in can be the purchased material • Product out can be the emissions • Material balance can be applied to individual units or the whole process

12. Calculating PTE - Other Other approved methods • Computer programs • Industry-specific emission factors • Approved by KDHE on an individual basis

13. Types of Air Permits (Kansas Air Quality Act)

14. KAQA standards Air operating permit Air construction permit Air construction approval

15. If your PTE exceeds these thresholds, you will need a construction approval: Construction approval Construction Approval Thresholds PollutantPTE threshold Lead or lead compounds 0.1 pounds per hour SO2 or SO3 2 pounds per hour PM10 2 pounds per hour PM 5 pounds per hour NOX 50 pounds per 24 hours CO 50 pounds per 24 hours (In Wyandotte and Johnson Counties) VOCs 3 pounds per hour 15 pounds per 24 hours (All other Kansas counties) VOCs 50 pounds per 24 hours Source: Kansas Air Quality Regulations (K.A.R. 28-19-300(b)(3)) available at http://www.kdheks.gov/bar/download/KS_AQ_REGS.pdf

16. If your PTE exceeds these thresholds, then you’ll need a construction permit: Construction permit Construction Permit Thresholds PollutantPTE threshold Lead 0.6 tons per year PM10 15 tons per year PM 25 tons per year SOX 40 tons per year VOC 40 tons per year NOX 40 tons per year CO 100 tons per year HAPs (individual) 10 tons per year HAPs (any combination) 25 tons per year Source: Kansas Air Quality Regulations (K.A.R. 28-19-300(a)(2)-(5)) available at http://www.kdheks.gov/bar/download/KS_AQ_REGS.pdf

17. Operating permit (Class I) Required if PTE exceeds these thresholds: • 100 tons per year NOX, SOX, PM10, VOC, CO • 10 tons per year of any single hazardous air pollutant (HAP) • 25 tons per year of combined HAPs Source: Kansas Air Quality Regulations available at http://www.kdheks.gov/bar/download/KS_AQ_REGS.pdf

18. Operating permit (Class II) • If actual emissions are below Class I thresholds but PTE is above – then limit your emissions and apply for a Class II operating permit • A Class II permit requires minimal record keeping and is simpler than maintaining a Class I permit • Class II permit-by-rule(KAR 28-19-561 to 28-19-564)

19. Operating permit (Class II) Limit emissions by • Implementing pollution prevention • Change the material • Change the process • Change the technology • Limiting process rate • Limiting hours of operation • Limiting amount of material processes • Installation of a pollution control device

20. Permitting Web site www.kdheks.gov/air-permit/download.html Web site includes forms for: • Construction approvals • Construction permits • Operating permits (Class I and II) • Emergency generators • Expedited boiler form (available soon)

21. Potential applicable regulations • KAQA Standards (Kansas Air Quality Act) • NSPS (New Source Performance Standards) • PSD (Prevention of Significant Deterioration) • NESHAP (National Emission Standard for Hazardous Air Pollutants) • MACT (Maximum Achievable Control Technology)

22. The boiler was constructed, modified, or reconstructed after June 9, 1989 The heat input capacity of the boiler is between 10 and 100 MMBtu/hr Complete the expedited KDHE boiler form Yes Yes No No The boiler is not subject to NSPS requirements Boiler sheltered initiative • Small Boiler NSPS, 40 CFR 60.42 subpart Dc • Compliance date: September 30, 2008

23. Future additions or modifications • Evaluate PTE for new or modified equipment. • Compare PTE to construction approval or permit thresholds • Add new source’s PTE to facility-wide PTE and compare against operating permit thresholds

24. FAQ

25. What’s a HAP? • HAP = Hazardous air pollutant • Currently 187 different HAPs • Known or suspected to cause cancer or other serious health effects, such as reproductive effects or birth defects, or adverse environmental effects. • List available at: http://www.kdheks.gov/emission/download/HAP_list.pdf

26. I installed an emission source quite a while ago. Do I still need to apply for a permit? Emission sources installed many years ago should still be evaluated. If there are any questions about the need to submit appropriate forms, contact SBEAP or KDHE. They can provide assistance on a case-by-case basis.

27. How much do permits cost? • Air construction approval – no fee • Air construction permit • Minimum: $100 • Maximum: $4,000 • Based on 0.05% of estimated capital cost

28. How much do permits cost? • Air operating permit (Class I) • Initial and renewal application: $1,000 • Significant modification application: $500 • Additional annual fee based on emissions • Air operating permit (Class II) • Initial application: $200 • Modification application: $100 • Class II Permit-by-rule fee: $50

29. Are emergency generators included? • Emergency generators are an emission source that should be evaluated • Emergency = only used when power is out • PTE based on 500 hours/year

30. How long does it usually take to get a permit or an approval? • Based on complexity of application • Backlog is 2–6 weeks depending on season • If public comment period is required, length of process is increased. • See http://www.kdheks.gov/air-permit/forms/Timeline.pdf for more details

31. I need a construction permit or approval for the equipment I want to install. Can I order the equipment before getting the permit? • See http://www.kdheks.gov/air-permit/forms/Pre_Construction.pdf • Equipment cannot be permanently affixed or installed prior to issuance of the permit/approval.

32. Questions or comments? SBEAP Environmental Hotline 800.578.8898 www.sbeap.org