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Greenhouse Gases & Title V

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Presentation discussing the effects of the U.S. EPA Tailoring Rule: regulating greenhouse gases as a Title V pollutant

Presentation discussing the effects of the U.S. EPA Tailoring Rule: regulating greenhouse gases as a Title V pollutant


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  • 1. Inserting Greenhouse Gases into a Title V Permit
    Andrew D. Shroads, QEP
    Regional Director
    S. Cohen & Associates
    P.O. Box 1276 • Westerville, OH 43086
    ) (614) 887-7227 • 8 ashroads@scainc.com
  • 2. U.S. Air Pollution Law Timeline
    1970
    Clean Air Act
    1977
    Clean Air Act
    Amended
    1990
    Clean Air Act
    Amended
    2010
    Greenhouse Gas
  • Greenhouse Gas (GHG) Regulations
    2007 U.S. Supreme Court
    Massachusetts v. EPA
    Is GHG a pollutant?
    2010 Endangerment Finding
    Established GHG as a pollutant
    2010 Light-Duty Vehicle GHG Standards
    GHG is a pollutant subject to regulation
    2010 Johnson Memo
    Pollutants subject to regulation are subject to Clean Air Act
    2010 Title V Tailoring Rule
    Modify GHG Title V applicability threshold
  • 14. Title V Tailoring Rule Overview
    “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule”
    Effective August 2, 2010
    Provides for a dual Title v applicability threshold for GHG emissions
    100 tpy GHG (by weight); AND
    100,000 tpy as carbon dioxide equivalents (CO2e)
    CO2e = GHG tpy × global warming potential (GWP)
    GWP from 40 CFR, Part 98, Table A-1
    Provides a two tier deadline for submitting Title V permits
    January 2, 2010 – Existing Title V facilities
    July 1, 2010 – New Title V facilities
  • 15. Title V Applicability Thresholds
    † All applicability thresholds actual or potential emissions
  • 16. GHG Title V Applicability Threshold
    NOT Title V
    Title V
  • 17. Three Affected Facility Categories
    1. Existing Title V (Major)
    Facility with actual or potential emissions greater than Title V applicability threshold (100 / 25 / 10 tpy)
    2. Synthetic Minor (to Avoid Title V)
    Facility with a permit limiting potential emissions to below Title V applicability threshold
    3. Non-Title V (Minor)
    Facility with actual and potential emissions below Title V applicability threshold
    Title V is not applicable if actual or potential GHG emissions are <100,000 tpy CO2e or <100 tpy GHG
  • 18. Title V Requirements – Existing Title V
    Applicability
    Existing Title V applicants and permit holders
    Actual or potential GHG emissions:
    ≥100 tpy GHG by weight; AND
    ≥100,000 tpy CO2e
    Requirements
    Include facility-wide GHG emissions in application
    List all pollutants for which facility is major - §70.5(c)(3)(i)
    No deadline for application with GHG emissions
    Include GHG in renewal or modification application
    Any application submitted after January 2, 2011
  • 19. Title V Requirements – Synthetic Minor
    Applicability
    Existing Synthetic Minor Title V permit holders
    Actual or potential GHG emissions:
    ≥100 tpy GHG by weight; AND
    ≥100,000 tpy CO2e
    Options
    Submit a revised Synthetic Minor permit application with GHG emissions limitations (both weight GHG and CO2e)
    Final Synthetic Minor Permit issued before 7/1/12
    Submit permit application well before issue date
    Submit a Title V permit application
    Submit Title V permit application before 7/1/12
  • 20. Synthetic Minor Complications
    A synthetic minor permit may limit potential to emit for:
    Title V
    New Source Review & Prevention of Significant Deterioration
    National Emissions Standards For Hazardous Air Pollutants
    Determine if actual GHG emissions are at or above Title V dual applicability threshold: 100,000 tpy CO2e & 100 tpy GHG
    If you can limit actual emissions below either GHG applicability threshold, modify the synthetic minor permit to restrict GHG
    If you must apply for a Title V permit, remove any synthetic minor restrictions for Title V only, (the Title V restrictions are no longer necessary)
    Keep NSR, PSD, or NESHAP restrictions; these are necessary to ensure the facility is not subject to these requirements
  • 21. Title V Requirements – Non-Title V
    Applicability
    Facilities not subject to Title V
    Actual or potential GHG emissions:
    ≥100 tpy GHG by weight; AND
    ≥100,000 tpy CO2e
    Options
    Submit a Synthetic Minor permit application with GHG emissions limitations (both weight GHG and CO2e)
    Final Synthetic Minor Permit issued before 7/1/12
    Submit permit application well before issue date
    Submit a Title V permit application
    Submit Title V permit application before 7/1/12
  • 22. Analysis: GHG in a Title V Permit
    A Title V permit only includes existing regulations
    There are no GHG emissions limitations, control requirements, record keeping requirements, etc.
    The Mandatory GHG Reporting Rule should not be in a Title V permit; it is not an “applicable requirement”
    For facilities submitting a new Title V permit, all of the other air regulations will be included
    Pay Title V fees
    Subject to Title V reporting requirements
    Increased inspection frequency
    More federal involvement and scrutiny
    GHG made you Title V, but GHG is not in your permit
  • 23. Title V Fees
    Fees for GHG emissions are not in the Tailoring Rule
    Air programs will process more Title V permits under the Tailoring Rule, which requires more resources (money)
    EPA can audit state / local Title V programs to demonstrate that the program has sufficient funding
    EPA recommends that state / local air programs be “proactive” in raising fees to cover Title V costs
    State / local air authorities may establish fees independent of EPA
    New fees would go through a local and federal regulatory approval process
    $
  • 24. Additional Title V / GHG Requirements
    NSPS
    EPA intends to issue new source performance standards (NSPS) to control GHG emissions from certain sources
    Court case to include GHG in Electric Utilities NSPS
    NSPS currently undergoing regulatory review (e.g. petroleum refineries, residential wood stoves)
    The first NSPS with GHG limits or controls will affect GHG as a pollutant in Title V
  • 25. How NSPS Affects GHG & Title V
    NSPS issued under the authority of Section 111 of the Clean Air Act
    From §70.2, a “regulated air pollutant” includes any pollutant subject to a standard promulgated under Section 111 of the Clean Air Act
    Thus, when an NSPS is issued citing GHG emissions reduction, GHG goes from being an air pollutant “subject to regulation” to being a “regulated air pollutant”
    From §70.2, Emissions Unit: any activity that emits or has the potential to emit any regulated air pollutant
    GHG emissions information must be added to every emissions unit in the Title V permit application
  • 26. Updating Title V Application Post-NSPS
    Add new emissions units not already in the application:
    Estimate actual & potential GHG emissions rates
    Fuel and/or raw material usage
    Production rate
    Operating schedule
    Air pollution control equipment
    Compliance monitoring devices (see 40 CFR, Part 98)
    Additional data required by state air program
    Update existing emissions units to include GHG data
    Review insignificant emissions units to determine if they still qualify as insignificant
    Review trivial sources not in original application
  • 27. Insignificant Emissions Units, GHG & NSPS
    There are two types of insignificant emissions units:
    Low emissions rate (<5 tpy, <10 lbs./day)
    Categorical definition (<10 mmBtu/hr, ink jet printers)
    Low emissions rate may be affected by NSPS
    OAC Rule 3745-77-01(V)(3): Insignificant means … any emissions unit with uncontrolled potential emissions ≤5 tpy of any regulated air pollutant (GHG)
    OAC Rule 3745-15-05(B) (de minimis) unaffected, no mention of “regulated air pollutant”
    Categorical definition unaffected by NSPS
    Although boiler GHG emissions are higher than other pollutants, the category is defined as <10 mmBtu/hour
  • 28. Unanswered Questions
    Potential-to-emit for a hermetically sealed electrical device containing SF6?
    Are the exemption thresholds for insignificant emissions units for GHG emissions by total weight or CO2e emissions?
    Assume all refrigerants are lost?
    Emissions rate for leaking equipment?
    Will state, non-Title V permit programs be affected by GHG emissions?
    When will it end?
  • 29. Thank you.
    The End.
    Any Questions?