U.S. EPA Conditionally Approves Pennsylvania RACT 2 Rule

This article is available as a podcast episode on ALL4’s Air Quality Insider

In a March 14, 2018 Federal Register notice, the U.S. EPA proposed, for public comment, to conditionally approve the Pennsylvania Department of Environmental Protection (PADEP) revision to the State Implementation Plan (SIP) to incorporate regulations to implement Reasonably Available Control Technology (RACT 2) requirements.  The RACT 2 regulations were adopted by PADEP on May 16, 2016 to address Pennsylvania’s obligations under the Clean Air Act (CAA) as a state within the Northeast Ozone Transport Region (OTR).   The RACT 2 obligation is to implement further evaluation of control measures for the ozone precursors, nitrogen oxides (NO_X) and volatile organic compounds (VOC), to protect the maintenance of the National Ambient Air Quality Standard (NAAQS) for ozone.  U.S. EPA stated in the proposal that the Pennsylvania SIP submittal is adequate to meet RACT requirements under the CAA for both the 1997 and 2008 8-hour ozone NAAQS, except for portions of Sections 25 Pa. Code Sections 129.98 and 129.99 which deal with Alternate RACT Compliance Plans.  The Pennsylvania RACT 2 regulations stipulate how affected facilities should evaluate RACT and to propose an alternative RACT Plan in situations where the facility demonstrates that it cannot meet a presumptive RACT limit or where no RACT presumptive limit was provided for that type of air emissions unit.

U.S. EPA is proposing to fully approve the provisions in 25 Pa. Code §§ 129.96–129.97, and 129.100 of the PADEP RACT 2 Rule and relevant definitions in 25 Pa. Code section 121.1 into the SIP, but is only conditionally approving §§129.98 and 129.99.  The provisions of 25 Pa. Code §§129.98 and 129.99 will become fully approvable as revisions to the Pennsylvania SIP, if PADEP submits the issued Plan Approval or Operating Permit conditions that provide alternative NO_Xaveraging limits and source-specific RACT limits that satisfy the CAA RACT compliance requirements to U.S. EPA as SIP revisions, within 12 months of U.S. EPA final action on this proposal.

This is exactly what U.S. EPA did for the Pennsylvania RACT I regulations in 1994 about alternative RACT compliance plans.  This action should come as no surprise for any of us that were around during the implementation of RACT I in Pennsylvania. However, I will remind those that may have forgotten and those that did not experience RACT I that if you have an alternative RACT 2 plan issued by PADEP, it will become part of the Pennsylvania SIP.  Once a plan is approved as part of the SIP, it becomes a source-specific “regulation” in addition to being a permit condition.  As a regulation, it is extremely difficult to change, because to change it would require another SIP revision.  Please be extremely sure your affected facility and emissions units can comply with your alternative RACT 2 plan before the provisions of the plan become part of the Pennsylvania SIP.  Please contact me at 610.933.5246, extension 136 if you have any questions.

TCEQ Air Quality 101 Blog Series – Public Notice Requirements for Air Quality Permits

As the bluebonnets sprout up with the dawning of springtime, it’s also time to do some spring cleaning.  With that, together let’s dust off the cobwebs and review the Texas Commission on Environmental Quality’s (TCEQ’s) public notification requirements as well as some recent rule updates as well.  At first glance, what may seem like trivial activities, such as contacting newspapers, or submitting proof of publication documentation to TCEQ’s Office of the Chief Clerk, can end up delaying the timeline for a permit approval.  For this installment of our TCEQ Air Quality 101 Blog Series, we provide a brief overview of public notice requirements and updates, while sprinkling in tips that are geared towards saving time and money.

Background

Here is a brief overview of the public notice requirements.  The public notice obligations for New Source Review (NSR) permits are identified in 30 TAC Chapters 39 and 116, while the operating permit public notice requirements are identified in 30 TAC Chapter 122.  Facilities and sources classified as de minimis are not required to obtain an air authorization through the permitting process, and therefore, do not have public notice requirements.  Permit by rule (PBR) authorizations also do not have public notice obligations.

Public Notice Requirements

While the public notice process is relatively straightforward, it requires quite a bit of organization and adherence to strict deadlines to satisfy all the requirements.  For example, consider the steps associated with the submission of an initial minor NSR Permit Application.  When TCEQ determines that an application is administratively complete, a Notice of Receipt of Application and Intent to Obtain Permit (NORI) is issued.  The NORI contains step-by-step instructions that assist applicants in demonstrating compliance with the appropriate first and second public notice requirements.  Some of these steps are discussed below along with our learned efficiencies from prior experience. 

• Newspaper Publication

  • At the permittee’s expense, the NORI must be published in a newspaper that is of general circulation in the municipality where the facility will be located.
    • Tip: When deciding the newspaper in which to publish, don’t forget to consider local or municipal publications.  Oftentimes, these newspapers tend to be a few hundred dollars cheaper than larger publications.  These savings can add up rather quickly.  In some cases, the local newspapers may have limited publication dates (e.g., Tuesdays only, monthly, etc.), so keep in mind when the notice can be published.
  • Most areas in Texas require the newspaper notice to be published in the language of the bilingual program of the closest elementary or middle school, so be sure you learn what the surrounding schools’ language requirements are.
    • Tip: While not mandatory (because TCEQ translates the notice, itself), it is always helpful to have a bilingual resource to proof the public notice before publication.
    • Tip: Remember that the second public notice is required to be published in the same newspaper as the first public notice.
      

• Sign Posting (if applicable)

  • At the permittee’s expense, a sign (meeting the requirements of 30 TAC §39.604) must be placed at the place where the facility will be located and must be visible from the street.
  • Tip: If a bilingual newspaper notice is required, an additional sign in that language must also be posted.  Make sure both signs remain posted through the end of the comment period of the 2^nd public notice.

• Public Viewing Place

  • Place a copy of the application in a public viewing place in the county in which the facility will be located.
  • Tip: After Hurricane Harvey, some libraries temporarily had to close and are still undergoing renovations.  Check to make sure the public viewing place is still operational when the application package is scheduled to be sent to them.
    

• Submit Hard Copies

  • Hard copies of the following items are required to be sent to TCEQ:
    • Affidavit(s) of publication,
    • Mail newspaper clippings (tear sheets), and
    • The public notice verification form.
  • Tip: Make electronic copies of each of the above-mentioned documents in case items are lost in the mail.  Be sure to send the courtesy copies to the appropriate TCEQ contacts and/or the appropriate local health officials, as required.

Keep in mind that once the NORI is published within a newspaper, the public notice process does not stop there.  While not required by permittees, it is good to know the steps TCEQ must take to meet the public notice requirements. 

• TCEQ’s Responsibilities

  • TCEQ’s Chief Clerk must post public notices on the internet.
  • TCEQ’s Chief Clerk sends the NORIs to area officials, which can include, but are not limited to: state senators, representatives, local health authorities, the mayor, and county judge of the area where the facility will be located.
  • Tip: Before the second public notice can be issued, as required by Senate Bill 709, TCEQ must notify the state senator and state representative at least 30 days prior to issuance of a draft permit.  Keep this in mind when planning timetables for your project.

Now that some specifics of public notice obligations have been discussed, let’s review proposed updates to the public notice requirements.

Recent Public Notice Rule Updates

On February 4, 2018 via the Federal Register (FR), the United States Environmental Protection Agency (U.S. EPA) proposed to approve four revisions to the Texas State Implementation Plan (SIP) regarding air quality public notice requirements.  The revisions to the SIP were submitted in December 2016 and February 2017.  The first round of revisions included the removal of certain outdated compliance history provisions from 30 TAC Chapter 116 as they were replaced by media neutral requirements in 30 TAC Chapter 60.  The second round of revisions included updates to obsolete public notice requirements applicable to air quality permit applications in 30 TAC Chapters 39 and 55.  In particular, for concrete batch plant standard permits, the public notice requirements were proposed to be consolidated into one 30-day public notice.

ALL4 continues to stay informed regarding the latest regulatory developments for air quality permitting in Texas.  Should you have questions on this blog do not hesitate to reach out to me using my phone number 281.937.7553 x302 or my email fdougherty@all4inc.com.  In addition, stay tuned for our next installment of our TCEQ Air Quality 101 Blog Series here.  Thanks for reading.

U.S. EPA Finalizes Guidance on Fine Particulates and Ozone Significant Impact Levels

On April 17, 2018, the U.S. Environmental Protection Agency (U.S. EPA) Office of Air Quality Planning and Standards (OAQPS) finalized guidance and supporting documents recommending Significant Impact Levels (SILs) for ozone (O₃) and fine particulates (PM_2.5) that are used as part of the Prevention of Significant Deterioration (PSD) permitting program.  U.S. EPA had provided draft guidance on the SILs in August 2016, which I summarized in an August 2016 4TR Article and followed up with a webinar some of you may have participated in.

As a quick refresher, SILs are utilized to represent a pollutant specific concentration level that U.S. EPA has determined to be insignificant with respect to the corresponding National Ambient Air Quality Standard (NAAQS) or PSD increment.  SILs can be utilized in PSD air quality modeling to demonstrate that the level of pollutant concentrations resulting from project-related emissions are insignificant and that an air quality modeling analysis to demonstrate compliance with the NAAQS and/or PSD increment is not necessary.  SILs are essentially a permit streamlining tool and can be an important consideration for strategizing how to permit a project.

Below is a summary of the SILs which were not changed from the draft to final guidance memorandum.

That being said, my experience with a wide range of state agencies is that they will use the guidance and the SILs.  The 2016 draft and 2018 final guidance affects the SILs that were part of the 2010 PSD rulemaking.  Specifically, the 2010 PSD Class II PM_2.5 annual SIL was reduced from 0.3 micrograms per cubic meter (µg/m³) to 0.2 µg/m³, the 2010 PSD Class I PM_2.5 annual SIL was reduced from 0.06 µg/m³ to 0.05 µg/m³, and the 2010 PSD Class I 24-hour PM_2.5 SIL was increased from 0.07 µg/m³ to 0.27 µg/m³.  In addition, the 2016 draft and 2018 final guidance adds an O₃ SIL.

What this means for your facility is that it will become harder to demonstrate that emissions from your project will result in insignificant concentration levels relative to the annual PM_2.5 NAAQS and/or PSD increment and that more involved NAAQS and PSD increment air quality modeling demonstrations will be required.  Thus, you will want to explore different strategies to avoid triggering PSD applicability, (are you thinking project emissions accounting, you should be!!)  However, if you are currently involved or will be involved in a PSD permitting project be sure to connect with your permitting authority to confirm if they will utilize the updated SILs.

For more information on how the updated SILs could affect your current or next project please contact Dan Dix at ddix@all4inc.com or 610.933.5246 x118.