Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
Air Strategic Permitting
and Compliance
Mid-America Environmental
Compliance Conference
April 3, 2014
Presented by
Piyush ...
ORGANIZATIONAL POSITION
• Our Vision: The preeminent leader in air quality, water quality, risk
management plans, and clim...
SERVICES
• Permitting –
– Applications
– Strategies
– Draft Permits
– Permit Reviews
• Compliance Assistance
• Regulatory ...
SELECT CLIENTS
Partnering with a spectrum of clients
ranging from small municipalities to
Fortune 500 Companies
Cargill/Po...
Air Strategic Permitting
Strategic Permitting
• Why is Strategic Permitting Important?
– A permit is a legally binding document
– Facilities can an...
Strategic Permitting
• Getting Off to a Good Start
– Use the services of a firm with air permitting expertise
during the p...
Strategic Permitting
• Getting Off to a Good Start
– Submit a complete and timely application
– Submit Draft Permit Docume...
Strategic Permitting
• Permit Condition Negotiation Process
– Request opportunity to review agency draft
documents, includ...
Strategic Permitting
• Permit Condition Negotiation Process
– Strategize which issues are worth sticking
to, which are ope...
Strategic Permitting
• Permit Negotiation Stalemate
– For Prevention of Significant Deterioration (PSD)
and Title V source...
Effective Permits
Effective Permits
• Effective Permits Contain Permit Conditions
that:
– Have a sound regulatory basis
– Are attainable
– P...
• Effective Permits Do NOT Contain Permit
Conditions that are:
– Unnecessary
– More stringent than the regulations require...
Effective Permits
• Effective Permits Do NOT Contain
Unnecessary Permit Conditions:
– Redundant limits
–Pound per hour (lb...
Effective Permits
• Effective Permits Do NOT Contain
Conditions that are More Stringent than
the Regulations Require:
– Sh...
Effective Permits
• Effective Permits Do NOT Contain
Unclear Permit Conditions:
–Partial incorporation of New Source
Perfo...
Compliance
Compliance
• Permitting Liability
– Facility may violate a permit condition that is
unnecessary or more stringent than the...
Compliance
• Permitting Liability Example
– Stringent or unnecessary permit condition
– Notice of Violation (NOV) of condi...
Compliance
• Permitting Liability (continued)
– Even though no one item meets any of the specific
criteria for a high prio...
Compliance
• Permitting Liability Example (continued)
– Refers NOV to the Attorney General
– Attorney General’s Office typ...
Summary
Strategic Permitting and Compliance
• Summary
– Know your permit
– Ensure that permit conditions are effective
– Provide d...
NAQS-Environmental Experts
Contact Piyush Srivastav at:
402-310-5321 (cell)
Piyush Srivastav
piyush@NAQS.com
402-489-1111 ...
Upcoming SlideShare
Loading in …5
×

Air Strategic Permitting and Compliance; Srivastav, Piyush; NAQS-Environmental Experts; 2014 Mid-America Environmental Compliance Seminar in Overland Park, KS, April 3-4

428 views

Published on

Published in: Environment
  • Be the first to comment

Air Strategic Permitting and Compliance; Srivastav, Piyush; NAQS-Environmental Experts; 2014 Mid-America Environmental Compliance Seminar in Overland Park, KS, April 3-4

  1. 1. Air Strategic Permitting and Compliance Mid-America Environmental Compliance Conference April 3, 2014 Presented by Piyush Srivastav, President NAQS-Environmental Experts
  2. 2. ORGANIZATIONAL POSITION • Our Vision: The preeminent leader in air quality, water quality, risk management plans, and climate change. • Our Purpose: Partner with clients to provide value added environmental solutions that ensure: – Regulatory Compliance – Increased Operational Flexibility – Successful Project Planning – Liability Identification, Reduction • Our Mission: Bridge the gap between industry and regulators by engaging employees with undisputable expertise, excellent critical thinking abilities, and strong communication skills.
  3. 3. SERVICES • Permitting – – Applications – Strategies – Draft Permits – Permit Reviews • Compliance Assistance • Regulatory Analysis • Emissions Inventories • Compliance Certifications • Deviation Reports • Stack Testing Assistance • Litigation Support • Training • Audits • Compliance Management • Executive Training • Risk Management Planning • GHG Inventories and Management • Strategic Project Planning • Dispersion Modeling
  4. 4. SELECT CLIENTS Partnering with a spectrum of clients ranging from small municipalities to Fortune 500 Companies Cargill/Polyols ABENGOA BIOENERGY
  5. 5. Air Strategic Permitting
  6. 6. Strategic Permitting • Why is Strategic Permitting Important? – A permit is a legally binding document – Facilities can and do incur significant fines from violating permit conditions – Regulatory agencies have made permits more prescriptive by establishing more conditions and more stringent conditions – Compliance process •
  7. 7. Strategic Permitting • Getting Off to a Good Start – Use the services of a firm with air permitting expertise during the permit application preparation process – Be familiar with your existing permit – Allow enough time to prepare permit application – Schedule pre-application meeting with Agency – Think about potential future implications of permit conditions – Determine if pre-application monitoring is required for PSD sources – January 22, 2013
  8. 8. Strategic Permitting • Getting Off to a Good Start – Submit a complete and timely application – Submit Draft Permit Documents/Comments •Clearly explain the regulatory basis for proposed permit conditions •Identify potential liabilities (i.e., stringent conditions that an agency may typically try to establish) and be prepared to address why there is no regulatory basis for such a condition
  9. 9. Strategic Permitting • Permit Condition Negotiation Process – Request opportunity to review agency draft documents, including various iterations of the draft documents – Involve facility personnel in review of the draft – Request meetings with regulatory agency – Provide comments in writing – Request responses in writing to agency conditions that you disagree with and made comments on
  10. 10. Strategic Permitting • Permit Condition Negotiation Process – Strategize which issues are worth sticking to, which are open to compromise – Keep focus on underlying regulatory requirements – Use hypothetical scenarios during negotiation (can help to get the point across)
  11. 11. Strategic Permitting • Permit Negotiation Stalemate – For Prevention of Significant Deterioration (PSD) and Title V sources, involve and meet with EPA Regional Office if no progress is being made with local agency on important issues – Comment during the formal public notice period – Comment on response summary – Consider appeal to the Environmental Appeals Board (EAB)
  12. 12. Effective Permits
  13. 13. Effective Permits • Effective Permits Contain Permit Conditions that: – Have a sound regulatory basis – Are attainable – Provide operational flexibility – Are clear – Are concise – Are enforceable
  14. 14. • Effective Permits Do NOT Contain Permit Conditions that are: – Unnecessary – More stringent than the regulations require – Unclear • These Types of Conditions Inhibit Operational Flexibility and Increase Liability Effective Permits
  15. 15. Effective Permits • Effective Permits Do NOT Contain Unnecessary Permit Conditions: – Redundant limits –Pound per hour (lb/hr) AND lb/MMBtu limits –Emission limits AND throughput limits (can be exceptions) AND production limits – Conditions that are more prescriptive than the regulations –Spare bags requirement for baghouses –Size/Brand/Model # of boiler or engine
  16. 16. Effective Permits • Effective Permits Do NOT Contain Conditions that are More Stringent than the Regulations Require: – Short-term emission limits when the applicable regulation is a long-term emission threshold – Exact specification of stack heights and diameters and reference to the National Ambient Air Quality Standards (NAAQS) – Emission limits where no limit is required
  17. 17. Effective Permits • Effective Permits Do NOT Contain Unclear Permit Conditions: –Partial incorporation of New Source Performance Standards (NSPS) requirements by reference –Vague or Open-ended permit conditions
  18. 18. Compliance
  19. 19. Compliance • Permitting Liability – Facility may violate a permit condition that is unnecessary or more stringent than the regulations require – Even though the facility does not violate an underlying regulatory requirement, significant fines can be incurred – Unclear conditions lead to confusion and non- compliance – Vast majority of construction permit conditions become applicable requirements of Title V or Class II Operating Permit
  20. 20. Compliance • Permitting Liability Example – Stringent or unnecessary permit condition – Notice of Violation (NOV) of condition occurs, though no regulation is violated, and no enforcement action is taken – Permit revised to remove/revise condition – A subsequent regulatory agency inspection finds several issues that don’t warrant an NOV, and one issue that does – everything is included in NOV
  21. 21. Compliance • Permitting Liability (continued) – Even though no one item meets any of the specific criteria for a high priority violation (HPV), there is a general HPV criteria for chronic and recalcitrant violators – Regulatory agency characterizes one or more NOV items as HPVs as a result of current NOV in combination with previous NOV, considering the combination as a chronic violator
  22. 22. Compliance • Permitting Liability Example (continued) – Refers NOV to the Attorney General – Attorney General’s Office typically defers to regulatory agency’s opinion – Other considerations
  23. 23. Summary
  24. 24. Strategic Permitting and Compliance • Summary – Know your permit – Ensure that permit conditions are effective – Provide draft permit language for new projects – Evaluate existing permit language for possible revisions – Spend time and resources negotiating effective permit conditions with regulatory agency
  25. 25. NAQS-Environmental Experts Contact Piyush Srivastav at: 402-310-5321 (cell) Piyush Srivastav piyush@NAQS.com 402-489-1111 (office) 402-310-5321 (cell) QUESTIONS?

×