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Air - Details 

In this section, you'll find discussions of regulations pertaining to the following issues of air-quality management:

  • Meeting air-emission standards
  • Permits for air-emissions sources
  • New Source Performance Standards

Federal references are provided, as appropriate; however, you should check your state's air-quality regulations to determine whether they apply to your facility.

Meeting air-emission standards

The Clean Air Act (CAA) gave rise to regulatory programs aimed at enhancing the quality of air in the U.S. One such program sets the National Ambient Air Quality Standards (NAAQS). Broadly speaking, the NAAQS identify primary and secondary quality standards for the following pollutants:

  • Sulfur oxides
  • Particulate matter
  • Carbon monoxide
  • Ozone
  • Nitrogen dioxide
  • Lead

The NAAQS are used when setting emission limitations and establishing "non-attainment" and "attainment" areas. Non-attainment areas are those in which ambient concentrations for criteria pollutants are above the NAAQS; attainment areas are those in which concentrations for these pollutants are below the NAAQS. The same region could be a non-attainment area for some criteria pollutants but be in attainment for others. The NAAQS are contained in 40 CFR 50.

Another program under the CAA are State Implementation Plans (SIPs). In essence, SIPs require states to provide the EPA with their "plan" for ensuring that they will not violate the NAAQS. Required elements of an SIP include: a discussion of air quality in each Air Quality Control Region, an inventory of emissions, emission limitations, compliance schedules, a permit program for new sources and modifications to existing sources, monitoring/reporting requirements and enforcement procedures. The state must then develop air-pollution control regulations to facilitate implementation of the SIP. A description of the SIP program is contained in 40 CFR 51.

Additional air-quality enhancement programs under the CAA include, but are not limited to: the State Operating Permit Program, and New Source Performance Standards (NSPSs), both of which are described further below. Other relevant programs include the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and the New Source Review Permitting Program; however, these are not the focus of this section of the tour.

Permits for air-emissions sources

40 CFR 70 contains requirements for new operating permit provisions under Title V of the 1990 CAA Amendments. A Title V operating permit is required for new and existing facilities that:

  • Are considered a "major stationary source," which varies according to the pollutants emitted and the attainment designation of the area where the source is located; this means sources that:
    • Emit or have a PTE (potential to emit) 10 tons or more per year of a hazardous air pollutant (HAP) as defined under any Section 112 of the CAA, or 25 tons per year of any combination of HAPs;
    • Emit or have a PTE of 100 tons per year of any regulated air pollutant;
    • In non-attainment areas, have the potential to lead to ozone formation, carbon monoxide, or particulate matter in amounts greater than regulated thresholds; or
  • Are subject to a New Source Performance Standard (NSPS) or a National Emission Standard for Hazardous Air Pollutant (NESHAP) (However, EPA allows States to decide whether to require Title V permits of non-major sources that are subject to a NSPS or NESHAP.); or
  • Are subject to the Acid Rain Provisions (However, EPA allows states to decide whether to require Title V permits of non-major sources that are subject to the Acid Rain Provisions.); or
  • Are required to have a pre-construction review permit under the Prevention of Significant Deterioration (PSD) or the New Source Review (NSR) Programs (In most cases, these will already be major sources. In addition, many states have minor NSR programs applicable to facilities that are not subject to Title V because they are not major sources.)

The regulations require that Title V permits contain conditions regarding applicable monitoring and testing requirements, including periodic monitoring; the use, maintenance and installation of monitoring equipment or methods; and recordkeeping. Monitoring records must be maintained for at least five years from the date of monitoring sample. In addition, the permit must specify conditions for reporting, including the submission of the required monitoring reports at least every six months and the prompt reporting of upset conditions.

New Source Performance Standards (NSPS)

The New Source Performance Standards (NSPS) contained in 40 CFR 60 address a variety of different types of new or modified stationary air-emission sources. The range of sources covered by NSPS range from Portland cement plants and petroleum refineries to primary zinc smelters and grain elevators. Each of these sources is discussed in a separate NSPS Subpart.

The General Provisions that apply to all NSPS sources are contained in 40 CFR 60 Subpart A. These standards must be met by the owner or operator of any stationary source that contains an "affected facility." To qualify under the General Provision, the facility must have commenced construction or modification after the date of publication of any standard that applies to it (or, if earlier, the date of publication of any proposed standard).

If an owner or operator is subject to NSPS, the following requirements contained in the General Provisions apply:

  • Notification must be made to the EPA (or authorized representative) and must include, as appropriate:
    • The date of construction of an affected facility, within 30 days
    • The actual date of initial startup of an affected facility, within 15 days
    • A detailed description of any physical or operational change (unless otherwise exempted) to an existing facility that may increase the emission rate of any air pollutant to which a standard applies, within 60 days or as soon as practicable before the change is commenced
    • If a continuous monitoring system (CMS) is required, the date on which demonstration of the CMS performance commences--not less than 30 days prior to it
    • If opacity observations are required, the anticipated date for conducting such observations and a request for a visible emissions reader--not less than 30 days prior to the date of the performance test
    • Any intent to use a continuous opacity monitoring system rather than a visible emissions reader--not less than 30 days prior to the performance test
  • Records must be kept of the occurrence and duration of any startup, shutdown or malfunction in the operation of an affected facility; any malfunction of the air pollution control equipment; or any periods during which a CMS or monitoring device is inoperative.
  • To install a CMS device, an owner/operator must submit excess emissions and monitoring systems performance reports semiannually, postmarked by the 30th day following the end of each six-month period.
  • The owner/operator must keep records of all measurements, including CMS, monitoring device and performance testing; all CMS performance evaluations; all CMS or monitoring device calibration checks, documentation of adjustments and maintenance performed on these systems or devices; and all other information required by NSPS. These documents must be recorded in a permanent form suitable for inspection--and all such records must be retained for two years (certain exceptions apply).

More stringent requirements contained in individual NSPS Subparts may apply to a specific source. In that case, those requirements would supersede those of the General Provisions. Similarly, individual subparts may include provisions that make certain requirements listed above inapplicable.

Two NSPS sources commonly found in a campus power plant are Small Industrial-Commercial-Institutional Steam Generating Units (40 CFR 60 Subpart Dc), such as your campus' power-plant boilers, and Stationary Gas Turbines (40 CFR 60 Subpart GG), both of which are described further below.

Small Industrial-Commercial-Institutional Steam Generating Units

If your campus has a boiler that has a maximum-design heat-input capacity of 29 megawatts (MW) (100 million Btu per hour (Btu/hr)) or less, but greater than or equal to 2.9 MW (10 million Btu/hr); and was constructed, modified, or reconstructed after June 9, 1989, then NSPS Subpart Dc applies. Subpart Dc includes: emissions standards, compliance and performance test methods and procedures; and emissions monitoring, reporting and recordkeeping requirements for sulfur dioxide and particulate matter. The specific requirements vary according to the type(s) of fuel used.

Stationary Gas Turbines

If your campus has a stationary gas turbine that has a heat input at peak load equal to or greater than 10.7 gigajoules (10 million Btu) per hour, based on the lower heating value of the fuel fired; and for which construction, modification or reconstruction commenced after October 3, 1977, then NSPS Subpart GG applies. Subpart GG covers emissions standards, monitoring of operations and test methods and procedures required for nitrogen oxides and sulfur dioxide.

State / SIP Requirements

Individual states' regulations / State Implementation Plan (SIP) requirements may regulate similar activities as the federal regulations including, but not limited to: opacity, equipment registration, permit approvals, etc. These requirements can be more stringent than, and different from federal requirements. For example, Massachusetts SIP provisions in 310 CMR 7.00 that apply to boilers include, but are not limited to: smoke density indicators for fuel utilization facilities having an energy input capacity equal to or greater than 40,000,000 Btu per hour, and sulfur content limits according to the location of the fuel utilization facility and its maximum heat release potential.

For the complete text of the regulations described above (40 CFR 50, 51, 60, and 70), click here:

40 CFR 50
40 CFR 51
40 CFR 60
40 CFR 70

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