Background
See Clean Air Act — General, Clean Air Act — Criteria Pollutants, and Clean Air Act — Air Toxics.
The federal Clean Air Act (CAA) contains requirements for two different permitting programs that affect campuses:
- Title V Operating Permits (40 CFR Part 70)
- New Source Review (NSR) Permits to Construct or Modify (Title I)
Like all other aspects of CAA, this program is implemented by state government agencies. Some states combine these two programs into a single permitting program.
Before the 1990 amendments, CAA was the only federal environmental statue that did not include an operating permit program. The Title V permit does not add any additional operating requirements. It simply details all the requirements from the other applicable titles of CAA applicable in one document. For instance, if a campus installs a new boiler subject to an NSR, the campus would also have to have a Title V Operating Permit. The Title V permit would reiterate all the applicable requirements for the boiler and would not add any additional requirements.
A Title V Operating Permit details any emissions monitoring requirements, record-keeping requirements, and submission schedules for reports. It also lists any prohibited activities and required controls to which a campus may be subject under other CAA programs.
The Title V program is fee-based. Congress recommended the initial annual fee be $25 per ton of pollutants, adjusted each year for inflation. Both the federal EPA and state agencies may levy fees. State fees will vary.
Key Concepts
See Clean Air Act — General, Clean Air Act — Criteria Pollutants, and Clean Air Act — Air Toxics.
New Major Source
Newly constructed sources with the potential to emit more than 10 to 100 tons per year of criteria pollutants may be new major sources. Newly constructed sources that emit 10 tons per year of any hazardous air pollutant or 25 tons per year of all hazardous air pollutants may be new major sources. State emissions thresholds may be lower than these federal levels. Major sources have specific operating requirements and will probably require a Title V permit.
New Source Review (NSR)
NSR affects the construction or modification of a major source of air pollution. Application depends on the potential to emit of the modified source and the attainment status for the source’s geographic region. Thresholds for NSR vary and depend on the pollutant and the region.
In nonattainment areas, NSR may result in requirements for lowest achievable emission rate (LAER), the most stringent level of controls. Nitrogen oxides (NOx) and volatile organic compound major sources may be subject to “reasonably available control technology” (RACT).
NSR in attainment areas is a study of “prevention of significant deterioration” (PSD), which will typically result in requirements for “best available control technology” (BACT). These determinations include assessments of economic, environmental, and energy factors.
Control Technology
If an emissions source would emit more pollutants than allowed in its region, the source may have to limit emissions with “control technology.” “Technology” may include requirements for use of a lower emissions fuel, maintenance activities, and even daily record-keeping requirements. Some emissions sources will require engineered control technology such as scrubbers, condensers, low NOx burners, and oxygen trim control. The level of control required is a function of regional attainment status and the source’s potential to emit.
Title V Permit
Title V of the CAA requires operating permits. Operating permits are required for campuses that meet one or more of the following requirements:
- are defined as a major source for one or more pollutants;
- have an emission source subject to one or more of the following:
- new source performance standards,
- national emission standards for hazardous air pollutants (other than asbestos demolition or renovation), and
- NSR;
- have a fossil fuel plant subject to the Title VI Acid Rain Program.
A Title V Operating Permit details all the operational and reporting requirements of other CAA titles and programs.
Does this apply to my campus?
Yes. Even if your campus does not have any large stationary emission sources, your state’s implementation program may require an emissions inventory to verify that your campus does not exceed permitting thresholds.
If your campus has a central heating or power plant that burns a fossil fuel, you probably need a Title V Operating Permit, even if your campus is in an attainment area. If your campus is in a nonattainment area, other emissions sources (diesel-powered emergency generators, ceramic kilns, printing operations, underground tanks, spray booths, etc.) may also exceed Title V permitting thresholds for hazardous air pollutants when taken in aggregate.
If your campus plans to install new combustion equipment or upgrade existing combustion equipment, you might need an NSR preconstruction permit. If an NSR permit is required, you will need a Title V Operating Permit.
What do I have to do?
Perform an emissions inventory of the larger stationary emission sources on your campus. For many campuses, the only source of emissions that may approach major source thresholds will be a central power or heating plant. EPA Guidance Document AP-42 contains instructions for performing calculations to determine emissions from combustion installations based on boiler type, size, fuel burned, and contaminant levels in the fuel. AP-42 also contains calculation formulas for other common emission sources.
Determine the attainment status of your campus’ region. Institutions and systems of institutions with multiple campus locations should determine the attainment status for each campus location.
Note that permit processes vary by state. Some states may require only a preconstruction notification if estimated emissions are below NSR thresholds. Other states may require a full Title V application prior to construction, in addition to the NSR application. NSR preconstruction permitting may involve a lengthy design and emissions review process. In some cases, there are public comment periods of up to 60 days. If your campus has plans to construct or modify any emission sources, you should start discussions with state regulatory personnel early in the process. Integrate timeframes for regulatory approvals into project schedules.
NSR is a complex process. States may have very specific requirements for emissions limitations on new and modified sources, especially in nonattainment areas. Campuses should discuss applicable requirements with state agencies to clarify all specific issues.