This document discusses when air permit modifications are required for plant changes under the Clean Air Act and various state regulations. It defines what constitutes a "change" that could trigger permitting requirements, and how potential and projected emissions are calculated. Threshold levels that require permits are provided for federal, Nebraska, Kansas, Missouri and Iowa regulations for various pollutants like PM, SOx, VOCs and HAPs. Special considerations by permitting agencies and how existing permit requirements can initiate new permitting are also overviewed. The document aims to help determine when permitting is needed for facility or operational changes.

1. Plant Changes That Trigger
Air Permitting
Mid-America Environmental
Compliance Conference (MECC)
April 4, 2014
Presented by NAQS-Environmental Experts
Eric Sturm, Senior Consultant

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5. Consideration of
Construction Air Permitting for
Changes/Projects

6. Outline
• Definition of “Change”
• Potential to Emit
• Projected Actual Emissions
• Permitting Thresholds
– Federal Major Source Thresholds
– NE, KS, MO, IA Thresholds
• Special Consideration per Permit Agency
• Existing Permit Requirements
•

7. Definition of “Change”
• 40 CFR 52.21(b)(2)(i)
“Major modification means any physical change or
change in the method of operation of a major
stationary source that would result in: a significant
emissions increase…”
• What is a change?
– Unfortunately, the Clean Air Act does not define change
– 40 CFR 52.21 instead clarifies what is not a change:
ownership adjustment, increase in hours of operation,
routine maintenance and repair

8. Definition of “Change”
• Examples of Changes that Could Need Permit Review
– Building a new facility or production line
– Replacing, refurbishing, or reconstructing an emissions unit
or part of an emissions unit
– Modifying a control device
– Adding a combustion device such as a turbine, boiler,
heater, dryer, certain engine, etc.
– Altering raw materials usage such as solvents, paints, fuels,
chemicals, etc. that could not previously be accommodated
– Modifying production capabilities or capacities

9. Potential to Emit
• 40 CFR 52.21(b)(4)
“Potential to emit (PTE) means the maximum capacity of a
stationary source to emit a pollutant under its physical and
operational design. Any physical or operational limitation on
the capacity of the source to emit a pollutant, including air
pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally
enforceable…”
• EPA, State and Local Agencies have guidance on PTE
• Numerous court cases have evaluated PTE

10. Projected Actual Emissions
• 40 CFR 52.21(b)(4)
“Projected actual emissions (PAE) means the maximum annual
rate, in tons per year, at which an existing emissions unit is
projected to emit a regulated NSR pollutant in any one of the 5
years (12-month period) following the date the unit resumes
regular operation after the project, or in any one of the 10 years
following that date, if the project involves increasing the
emissions unit’s design capacity.…”
• Projections are supposed to consider all relevant
information like historical operations data, expected
market activity, company projections, etc.

11. Permitting Thresholds
Federal Construction
• 40 CFR 52.21
– Major stationary source emits,
or has the potential to emit,
100 tons per year for named
source categories or 250 tons
per year for others
– PTE used for new sources
– PAE used for existing sources
Pollutant Threshold
(tons/year)
PM 25
PM10 15
PM2.5 10
SO2 40
CO 100
VOC 40
NOx 40
Ozone 40
CO2e 100,000
Fluorides 3
Sulfuric Acid Mist 7
Hydrogen Sulfide 10
Reduced Sulfur 10

12. Permitting Thresholds
Nebraska Construction
• Title 129, Chapter 17
– Any stationary source or
emission unit, such that there
is a net increase in potential
emissions at the stationary
source equal to or exceeding
the following levels:
Pollutant Threshold
(tons/year)
PM10 15
PM2.5 10
SOx 40
CO 50
VOC 40
NOx 40
Lead 0.6
HAPS 2.5 (single)/
10 (combined)

13. Permitting Thresholds
Kansas Construction
• K.A.R. 28-19-300 (a)(1)
– The potential-to-emit of
the proposed stationary
source or emissions unit,
or the increase in the
potential-to-emit
resulting from the
modification, equals or
exceeds the following:
Pollutant Threshold
(tons/yr)
Threshold
(lbs/hr)
PM 25 5
PM10 15 2
Ag Source PM 100 5
SOx 40 2
CO 100 50 lbs/24 hrs
VOC 40 50 lbs/24 hrs
NOx 40 50 lbs/24 hrs
Lead 0.6 0.1
HAPS 10 (single)/
25 (combined)
N/A

14. Permitting Thresholds
Missouri Construction
• 10 CSR 10-6.060
– No construction permit
is required if potential
emissions of the entire
installation are less than
regulatory de minimis
levels or potential
emissions of the
proposed project are
below the insignificance
levels.
Pollutant De Minimis
(tons/yr)
Insignificant
(lbs/hr)
PM10 15 1.0
PM2.5 10.0 In Development
SOx 40 2.75
CO 100 6.88
VOC 40 2.75
NOx 40 2.75
HAPS 10 (single)/
25 (combined)
0.5

15. Permitting Thresholds
Iowa Construction
• 567 I.A.C. 22.1(1)
– Permit required. Unless
exempted in subrule
22.1(2)…
– 567 I.A.C. 22.1(2)w(1)
– “Small unit” means any
emission unit and
associated control (if
applicable) that emits less
than the following:
Pollutant Small Unit
(tons/yr)
Cumulative
(tons/yr)
PM 5 25
PM10 2.5 15
PM2.5 0.52 10
SO2 5 40
CO 5 100
VOC 5 40
NOx 5 40
Lead 0.02 0.6
HAPS 5 10 (single)/
25 (combined)

16. Special Consideration per Permit Agency
• Every Permitting Agency has Unique
Techniques and Mechanisms for Permitting
– Exemptions from permitting
– Consideration of fugitive emissions
– Permits by rule
– Registration permits
– Combined permitting
– Waivers to construct/operate

17. Existing Permit Requirements
• Conflicts with Existing Permit Requirements
Often Trigger a Need for New Permitting
– Hours of operation restrictions
– Ambient air analysis based limitations
– Stack parameters
• Height, diameter, unit location
– Raw material restrictions
– Unattainable emissions rate requirements
– Ambiguous permit language
– Production based limitations

18. NAQS-Environmental Experts
Contact Piyush Srivastav at:
402-310-5321 (cell)
Questions/Comments:
Eric Sturm
Senior Consultant
P: 402.310.4211
O: 402.489.1111
eric@naqs.com