Workshop O

Environmental 101 - The Basics of Air Permitting in Ohio

Tuesday, March 21, 2017

2 p.m. to 3:15 p.m.

Biographical Information

Gregory A. Hemker, President, EHS Technology Group, LLC P.O. Box 0187, Miamisburg, Ohio 45343-0187

Office 937.865.3818 or 800.356.9039 Fax: 937.865.3611 ghemker@ehstech.com

Mr. Hemker is one of the founders of EHS Technology Group, LLC located in Miamisburg, Ohio. He has over 40 years of experience in environmental engineering and management. Mr. Hemker obtained a Master’s Degree in Environmental Engineering from the University of Cincinnati and is a Certified Hazardous Materials Manager (CHMM). His principle fields of expertise are air pollution, hazardous waste, and hazardous chemical management. He has conducted numerous environmental management training seminars throughout the U.S. and China.

In recent years Mr. Hemker has focused on consulting with manufacturing industries to solve problems associated with air pollution, water pollution, hazardous waste, oil and chemical spill prevention, chemical safety, and industrial hygiene.

Has lead the development and implementation of Energy management Systems at manufacturing facilities in Ohio and Kentucky.

Mr. Hemker is a RAB trained lead auditor and has been developing and implementing ISO 14001, 9001, 50001 and OHSAS 18001 management systems since the adoption of the Standards.

Robert E. Basl, Vice President, EHS Technology Group, LLC 965 Capstone Drive, Suite 420, Miamisburg, OH 45342,

(937) 865-3940 Fax: (937) 865-3611 bbasl@ehstech.com

Mr. Basl is the Manager of Compliance Services for EHS Technology Group with a Bachelor’s Degree in Mechanical Engineering. For nearly twenty-five years he has been involved in a number of projects involving a variety of environmental issues. Currently, his emphasis is on managing facility-wide regulatory compliance projects for a number of industrial clients. These projects include process evaluations of air and water pollution control systems, BACT determinations, hazardous waste management, air pollution emission inventories, asbestos identification and remediation, SARA Title III compliance, process air/water permitting, industrial hygiene monitoring and ISO 14001 implementation. His experience also includes the design of industrial ventilation systems, with special emphasis on air pollution control projects. In addition, he has acted as a liaison with local, state and federal regulatory agencies in environmental compliance matters.

Stephanie M. Madden, Permit and Inspection Supervisor Regional Air Pollution Control Agency (RAPCA)

117 South Main Street Dayton, OH 45422 937-225-5922 Fax 937-225-3486 smadden@rapca.org

Stephanie Madden is the Permit and Inspection Supervisor at the Regional Air Pollution Control Agency (RAPCA). RAPCA is part of Public Health – Dayton and Montgomery County’s Office of Environmental Health and has jurisdiction for federal, state, and local air regulations in six counties in Southwest Ohio. Stephanie is responsible for the oversight of the permit and inspection group where she oversees agency permitting goals and facility inspection commitments. She also assists & coordinates efforts with major facility permitting, inspection & compliance issues. She previously worked as an environmental consultant and has been involved with projects involving air pollution, stormwater and hazardous waste for various industrial sources. Stephanie is a graduate of Wright State University with a Bachelor of Science degree in Environmental Science.

Workshop O – Basics of Air Permitting

26th Annual Sustainability and EH&S Symposium

Cincinnati, OhioMarch 21-22, 2017

Presented by:

Greg Hemker, EHS Technology Group

Bob Basl, EHS Technology Group

Stephanie Madden, RAPCA

Presentation Overview

Permitting Basics

Permit Exemptions & Application Process

Complying with a Permit

Key Definitions

Emission unit: Each separate operation or activity that results or may

result in the emission of any air contaminant

Sometimes used interchangeably with “source”

Key Definitions (cont’d) Air Contaminant:

Means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor or odorous substances, or any combination thereof.

Does not include uncombined water vapor

Potential to Emit (PTE): Used to determine applicability of many regulations

Maximum capacity of an emissions unit or stationary source to emit an air pollutant under its physical and operational design

Generally assumes operation at 8,760 hours/year

Generally does not consider the use of air pollution control equipment

Can include emission limiting factors if they are made part of an enforceable permit

Key Definitions (cont’d) Modification:

Any physical change in, or change in the method of operation of an air contaminant source that results in an increase in allowable emissions

Includes emission of a new pollutant

Includes relocation of the source to a new site (but generally not within the existing facility)

Does not include routine maintenance, routine repair, and routine replacement (be careful regarding interpretation of “routine”)

Must get a permit

Permitting - Overview

Permits are the primary tool for EPA to regulate industry

Two basic categories of air permits: Installation/Construction

Called a Permit to Install (PTI)

Operating (“major” sources only after June 2008)

After June 2008, non-major sources receive a combined Permit to Install/Operate (PTIO)

Major Sources receive a Title V Operating Permit

Ohio Permits

Permit to Install

Permit to Install/Operate

Title V

ACTIVITY

Construction/ Modification Operation

Facility Classification

Major

Minor

Major Source Thresholds Construction Permits

“Categorical Industries” includes any one of 28 listed in OAC 3745-31-01(LLL)

Operating Permits

Attainment Area Non-Attainment Area

Categorical Industry ≥ 100 TPY ≥ 100 TPY

Non-Categorical Industry ≥ 250 TPY ≥ 100 TPY

All Areas

Criteria Pollutants ≥ 100 TPY

Any Single HAP ≥ 10 TPY

Combined HAPs ≥ 25 TPY

Threshold Comments

Any source that is not a “major source” is considered a minor source.

Determination is typically made based on Potential to Emit (PTE)

Sources can voluntarily limit emissions to less than major source levels

Voluntary limits on PTE must be contained in an enforceable permit condition

Source is known as a “Synthetic Minor”.

Synthetic Minor

Synthetic Minor: A permit in which a company accepts voluntary emission

limits in order to avoid major source status

Limits can be on one emission unit or over entire facility

Permit will impose record keeping/reporting requirements to “prove” that source is staying below major source thresholds

Permit Exemptions

Permanent PTI Exemptions

Found in OAC 3745-31-03

Based on process-type

Examples:

Boilers < 10 mm BTU/hr.

Maintenance Welding

Aqueous Parts Washers No notification required

OEPA added several new exemptions in May 2016

Permit Exemptions (cont’d) De Minimis Exemption

Found in OAC 3745-15-05

Exempts sources with PTE < 10 lbs./day (PM, SO2, NOx, OCs, CO, Lead, etc.)

If PTE is > 10 lbs/day, but actual emissions are less than 10 lbs./day, can maintain daily records to prove exemption

Sum of similar sources can’t be > 25 TPY

Emits < 1 tons/year any HAPs or combination of HAPs

No notification required

Keep documentation of applicable exemption.

Streamlined Permits

Permit by Rule (PBR) Found in OAC 3745-31-03 Standard permit terms written into regulations Must notify OEPA with 1-page form 45 different sources are listed; adding regularly Typical activities covered are:

emergency electrical generators;

resin injection/compression molding equipment;

small crushing and screening plants;

soil-vapor extraction and soil-liquid extraction remediation activities;

auto body refinishing facilities;

gasoline dispensing facilities;

natural gas fired boilers and heaters; and

printing facilities

Streamlined Permits (cont’d) General Permit

Found in OAC 3745-31-29 (05/29/2014)

Set of “pre-written” permit conditions for commonly found sources

Must submit a (streamlined) application

Available for the following:

Aggregate Processing

Boilers

Digester Operations

Dry cleaning Operations

Mineral Extraction

Miscellaneous Metal Parts Painting Lines

Oil and Gas Well-Site Production Operations

Paved Roadways and Parking Areas

Portable Diesel Engines (Compression Ignition Internal Combustion Engine)

Ready Mix Concrete Batch Plants

Storage Piles

Tub Grinder

Unpaved Roadways and Parking Areas

Permit to Install and Operate (PTIO) Permit Process

Prepare and submit application

DO/LAA review, prep and send to CO

Draft permits/Public Comment Period Newspaper notice and 30-day comment period

USEPA, citizens or company opportunity

Life of PTI Forever

Life of PTIO 10 years for true minor

5 years for synthetic minor

Permit to Install and Operate (PTIO) Construction

Effective Dec. 1, 2006 [OAC 3745-31-33] …

Any “MAJOR” new or modified source can do only the activities allowed in the past

Any “MINOR” new or modified source can do all allowed in past plus MORE…….essentially you can do everything except hook up utilities and run new equipment

*minor here means not a: major modification, major stationary source, synthetic minor, or netting project

Permit to Install and Operate (PTIO) Construction (cont’d)

Allowed for all sources (under previous and current rules)

Utility poles by a utility company. Temporary erosion and sedimentation control (hay bales, silt

fences, rip-raps, sandbags). New landscaping (trees, bushes and seeding of disturbed

earthwork). Landscaping fencing. Temporary fences and signs around the construction site. Stockpiling of stone, soil and other materials for future

construction.

Permit to Install and Operate (PTIO) Construction (cont’d)

Now allowed for “MINOR” sources: Equipment for source/control may be delivered prior to PTI

issuance if: In existing building - place in final location and secure In new building - either secure on the foundation of its

final site or place anywhere on the property

NOTE: No utilities, piping, or duct work may be connected and equipment cannot be operated.

Permit to Install and Operate (PTIO)

Issuance Timing By statute, the Agency has 180 days to act

upon a complete PTI application (excluding waiting on applicant)

Preliminary Completeness review in 14 days

How long to receive a PTI?

When should you plan to submit a permit application to receive Permit to Install prior to planned construction or process change?

Permit to Install and Operate (PTIO)

Why & What is the “Rush List”? EPA Receives Many Requests

Need to Manage Requests

Developed a "Rush List"

Helps Prioritize Review/Processing in Central Office

Permit to Install and Operate (PTIO)

Where to send Rush Requests:

Mike HopkinsOhio EPA, DAPCLazarus Government CenterPO Box 1049Columbus, OH 43216-1049

Call (614) 644-3611

mike.hopkins@epa.state.oh.us

TIPS - Contact Permit Writer Establish and maintain rapport with

Agency and permit writer

Communication – At least a telephone call for small projects

Meeting for larger or complex projects

TIPS - Communication with Upper Management

How long it takes to get a permit – when to bring the environmental manager into the loop – cost of delays

Critical thresholds – how calculated so management understands cost of controls versus costs of production limitations

Miscalculation – understanding the costs and delays with getting a new permit if emissions are underestimated

RAPCARegional Air Pollution Control AgencyStephanie Madden, Area Supervisor

Manufacturers' Education CouncilAnnual Sustainability & EHS SymposiumMarch 21, 2017

Permit to Install and Operate (PTIO)• Received PTIO - Now What?• Make sure you read and understand

the permit:• Standard terms and conditions• Facility wide terms and conditions• Emissions unit terms and conditions

• If you have questions ask the permit writer.

Permit to Install and Operate (PTIO)

Standard Terms and Conditions• Permit Expiration Date• When to submit a renewal application• What happens to the permit if the project is

delayed not installed• Scheduled maintenance on air pollution

control equipment• Malfunctions of emissions units or air pollution

control equipment

Permit to Install and Operate (PTIO)

Facility Wide Terms and Conditions• Facility wide limits• Synthetic Minor Limits

• Federal Rules • MACT • GACT

Permit to Install and Operate (PTIO)Emission Unit Terms and Conditions• Operations, Property and/or Equipment

Description• Applicable regulations• Operational restrictions• Monitoring and record keeping• Reporting requirements• Testing requirements• Miscellaneous requirements

Monitoring and Recordkeeping• Know what records the permit requires you

to keep.• Frequency of data collection

• Continuous• Daily • Monthly

• Maintenance records• SDS

Monitoring for Control Devices

• Review required control device operating parameters• Know how control device and

monitoring equipment operate• Thermocouple locations • Calibration dates for monitoring equipment• Data collection frequency and averaging

times

Common Monitoring and Recordkeeping Pitfalls

• Failure to keep records as specified in permit• Partial or missing records• Same number recorded everyday• Never updating records with SDS info• Not keeping maintenance records• Not putting corrective measures in place

when report deviations.

Reporting Requirements• Emissions Reports Emissions

• Blue Cards – Biannually for NTV• Fee Emission Reports (FER) for SMTV and TV Facilities

• Deviations – Quarterly/Semi-Annual• Annual Permit Evaluation Report (PER)• Excursions – limits or restrictions were

exceeded• Negative declarations – a fact of life• Any late report is a deviation• Control equipment malfunctions

Malfunctions• Requires immediate notification• If >72 hrs written statement within two weeks.• Notification and written statement require

the following info listed in OAC rule 3745-15-06(B):• Identification and location of equipment• estimated or actual duration of

breakdown• nature and estimated quantity of air

contaminants

Common Reporting Pitfalls• Reporting over allowable emissions• Not providing supporting calculations

(FER)• Submitting late

• Ohio EPA may issue a NOV• Not identifying known deviations in

reports• Late reports are deviations.

Emissions Testing• Often rule driven for control devices• Engineering Guide #16• Initial compliance demonstration• U.S. EPA stack testing guidance• http://www.epa.gov/ttn/emc/guidlnd/gd-

050.pdf. • ITT required up to 60 days prior to testing.

Common Testing Pitfalls• Testing late• Not understanding how the processes

should be operating during the testing• Representative worst case

• Not monitoring production data during the test

• Not submitting a complete test report• Not proving information in a timely manner• Not changing operating parameters

Common Permit Application Pitfalls

• Incorrect forms• No original signature – PIN approval• Not providing supporting calculations, (PTE,

Actual, other)• Insufficient information, (blank spaces on

forms, missing pages, no calculations)

Common Permit Application Pitfalls

• Asking for a permit yesterday• Not providing the requested

information in a timely manner• Not submitting a complete

application• Not calculating emissions correctly• Avoid problems by communicating

and being responsive

Common Permit Application Pitfalls

• Emission estimating deficiencies (pollutants, factors, hours)

• Failure to plan ahead to meet future needs

• Failure to review draft permit for terms & conditions problems, “Pre-Draft Permit”

Permitting Application Tips• Establish and maintain rapport with

agency and permit writer• Communication

• At least a telephone call for small projects

• Meeting for larger or complex projects

“you know your project better than the permit writer”

Permit Application Tips• Suggest monitoring and record keeping in

the application • Know what you can monitor and record • Rule based monitoring requirements• Continuous or intermittent • Know what’s the most cost effective for you

• Provide preference for input restrictions or limitations (synthetic minor strategy)• Practical enforceability – Federally enforceable

Permit Applications Tips

• Build in Flexibility - good terms and conditions can avoid future modifications

• SDS ranges and air toxics• Communication with the permit writer

Questions?

Stephanie MaddenPermit and Inspection

SupervisorPhone: 937-225-5922smadden@rapca.orghttp://www.rapca.org

http://www.phdmc.org