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This database focuses on state regulatory programs potentially applicable to small on-site electric generators. The key federal requirements that may apply in addition to these state programs are described here. Click on the program name for additional detail. National Ambient Air Quality Standards (NAAQS) – Issued by EPA for six criteria pollutants (carbon monoxide, lead, ozone, nitrogen dioxide, sulfur dioxide and particulate matter) to protect public health and the natural environment. Counties are designated as “attainment” or “nonattainment” based on whether they exceed these air quality standards or contribute to nearby violations. States are required to submit State Implementation Plans (SIPs) to EPA detailing how they will maintain or meet these standards. New Source Review (NSR)- Case by case permitting and emission control requirements triggered by new construction or modification. Requirements vary depending on the location and air quality attainment status of a region. Imposes control requirements called BACT or LAER. This federal program is typically administered by individual states with EPA oversight. Title V - Requires states to issue a separate federal operating permit for sources that exceed certain air pollutant emission thresholds. This is also a federal program typically administered by individual states. The operating permit does not set new control requirements, but rather consolidates all the air requirements applicable to a facility under one regulatory document and establishes the monitoring and reporting requirements necessary to demonstrate compliance with the permit. Maximum Achievable Control Technology (MACT) - Sets limits for sources emitting hazardous air pollutants. In general, only impacts "major" hazardous polluters, although EPA has established MACT standards for certain larger engines at “minor” sources. New Source Performance Standards (NSPS) - Impose specific performance standards on a variety of specific technologies. The requirements likely to impact small electric generating units are limits on NOx and SO2 emissions from turbines and NOx, VOC, and CO emissions from engines. National Ambient Air Quality Standards (NAAQS) EPA issues National Ambient Air Quality Standards (NAAQS) for six criteria pollutants (carbon monoxide, lead, ozone, nitrogen dioxide, sulfur dioxide and particulate matter) to protect public health and the natural environment, as in the case of visibility. Counties are designated as “attainment” or “nonattainment” based on whether they exceed these air quality standards or contribute to nearby violations. The designation status is important in that it informs the public about whether the air quality of a particulate area is healthy and in turn it affects the type of air permitting programs that facilities must navigate to install new units. Once areas are designated as “nonattainment,” states generally have three years to develop implementation plans detailing how they will meet the standards and come into “attainment.” Recently, two of the NAAQS standards were revised: the fine particulate standard (PM 2.5) and the 8-hour ozone standard. PM2.5 EPA first issued standards for particulate matter in 1971 and revised the standards in 1987 and 1997. On September 21, 2006 EPA revised these for particles less than 2.5 micrometers in diameter (known as "fine" particles). Fine particles have significant health impacts such as increased respiratory symptoms, including decreased lung function, asthma and bronchitis because they are easily inhaled deeply into the lungs. There are standards to be met on a 24 hour basis and on an annual basis, based on health effects and visibility studies. EPA strengthened the 24-hour PM 2.5 standard from the 1997 level of 65 micrograms per cubic meter (μg/m3) to 35μg/m3, and retained the current annual fine particle standard at 15μg/m3. (The Agency also retained the existing national 24-hour PM10 standard of 150μg/m3 and revoked the annual PM10 standard, as available evidence does not suggest a link between long-term exposure to current levels of coarse particles and health.) The more stringent particulate standards affect small electric generators in that they drive the development of new or tighter standards for new units through New Source Performance Standards (NSPS) and for new and existing units through technology control standards (“RACT” standards). Also, as individual states are responsible for meeting these standards, some will reduce the air quality modeling “increment” available to facilities for permitting certain new projects. More information on PM 2.5 can be found at http://www.epa.gov/oar/particlepollution/standards.html. 8-hour Ozone The 8-hour ozone NAAQS was promulgated by EPA in 1997 and challenged by a number of industry groups. The subsequent legal review delayed the process of designating the attainment status of areas. Ozone per se is not controlled; rather its precursors – NOx and volatile organic compounds (VOCs) are regulated to reduce the formation of ground level ozone. As part of the transition from the 1-hour ozone standard to the 8-hour standard, areas that were previously in attainment with the 1-hour standard but which are not in attainment with the 8-hour standard are classified with the designation “Subpart 1” (referring to Subpart 1 of Part D of Subchapter I of the Clean Air Act). Areas with Subpart 1 designation have less severe requirements for air quality improvement measures to be included in their State Implementation Plans and may request extra time to meet the 8-hour ozone standard. Most recently, on May 31, 2007, PEA announced its final decisions with respect to certain provisions in the 8-hour ozone implementation rule related to how electric generating units (EGUs) meet the standards and how emissions reductions may be used for LAER (lowest achievable emission rate limitations that apply in nonattainment areas) and permitting emissions “offsets.” (The rule is not yet final as of September 2008.) EPA issued decisions on two issues:
CAIR has since been vacated by the courts, throwing this determination into question. More information on the 8-hour ozone standard is available at http://www.epa.gov/ozonedesignations/basicinfo.htm.
The national clean air strategy is based on the requirement that all geographic areas meet the National Ambient Air Quality Standards (NAAQS) established in 1977. One of the most important tools used to insure that the NAAQS are met is the requirement for pre-construction permitting of new stationary sources that emit criteria pollutants or their precursors. Construction or modification of an emission source may trigger the requirement for a preconstruction review by an air pollution control agency under the federal or state New Source Review (NSR) program. Technically the new source permitting program comprises both the prevention of significant deterioration (PSD) and the nonattainment new source review programs however, the entire program is generically referred to as “NSR.” The permitting process determines what pollution controls will be required. Prevention of Significant Deterioration PSD Source Categories with 100 TPY Major Source Thresholds
The PSD threshold for modifications is an emissions increase of 40 tpy. This is important in the common case where a DG unit is added to an existing facility. If the facility is already a major source, the major modification trigger would be 40 tpy, rather than 100 or 250 tpy. This would make a significant difference in the potential for triggering PSD review. BACT Nonattainment New Source Review NSR Major Source Thresholds for NOx
(tons per year)
LAER
Nonattainment Area Maps Nonattainment Area Maps by pollutant can be viewed at http://www.epa.gov/air/data/nonat.html?us~USA~United%20States. Title V of the 1990 Clean Air Act Amendments requires all major sources and some minor sources of air pollution to obtain an operating permit. A Title V permit grants a source permission to operate. The permit includes all air pollution requirements that apply to the source, including emissions limits and monitoring, record keeping, and reporting requirements. It also requires that the source report its compliance status with respect to permit conditions to the permitting authority. The primary concern with triggering Title V is the administrative burdens that may be imposed in applying for and receiving an additional permit and continuing monitoring and reporting requirements. Thresholds for triggering Title V vary based on the attainment status of the geographic region. Sources that trigger these thresholds are considered significant sources. In the operating permit program, significant sources include those that have a potential to emit 100 tons per year of a criteria pollutant. Sources that have the potential to emit lesser amounts of air pollutants are also included, if they are located in areas not meeting the National Ambient Air Quality Standards for a particular pollutant. Some states also use the Title V threshold as a trigger for state emission control requirements. A Title V permit needs to be renewed every five (5) years and may need to be opened in between renewals if new requirements (such as MACT) need to be incorporated into the permit. EPA has recently undertaken several regulatory efforts to control hazardous air pollutant emissions from new or reconstructed stationary internal combustion engines and combustion turbines. The new standards put limits on the amount of emissions that a major source and certain area (minor) sources can release and are aimed at reducing formaldehyde, acrolein, methanol and acetaldehyde emissions. A major source is one that emits more than 10 tons per year of a single hazardous air pollutant (HAP) or 25 tons per year of a combination of HAPs. Sources that emit less than major source thresholds of HAPs are referred to as “area sources” and also often as “minor sources” in air permitting context. Numerous MACT and related NSPS rulemakings make sorting out the requirements for new engines and turbines a bit confusing. Initially, MACT standards were promulgated for internal combustion engines larger than 500 brake horse-power at locations that are major sources of HAPs; recently additional standards have been enacted for units less than 500 BHP at major sources and units larger than 500 BHP at area sources. Also, the initial turbine MACT published in March 2004 identified eight subcategories of turbines; a subsequent Federal Register notice in April 2004 deleted four of the subcategories. Following are summaries of the key standards from these MACT requirements. Reciprocating Internal Combustion Engines (RICE) In June 2004, EPA published the RICE MACT standard (40 CFR 63 Subpart ZZZZ) requiring all RICE rated above 500 BHP located at major sources to meet HAP emissions standards. In January 2008, EPA published an additional MACT RICE addressing engines larger than 500 BHP at area (minor) sources and engines smaller than 500 BHP at major sources. At the same time, EPA published additional NSPS standards for new spark ignition internal combustion engines. The rules are interrelated as most of the sources subject to MACT in the January 2008 rulemaking automatically ”meet” the MACT by complying with the NSPS standards. RICE MACT applies to all stationary reciprocating internal combustion engines at major sources in five categories. “New” or “reconstructed” RICE larger than 500 BHP at major sources are those built on or after December 19, 2002; “existing” units were built before that date.
MACT Formaldehyde Emission Limits for IC Engines (RICE) (Note that engines can meet either the emissions level OR the technology limit)
*An add-on catalytic NOx control device that, in a two-step reaction, promotes the conversion of excess oxygen, NOx, CO, VOCs into CO2, nitrogen, and water. Units that choose to comply with the MACT through reduction of CO and which don’t use a CEMS (continuous emissions monitoring system) along with units that choose to comply with MACT by reducing formaldehyde must conduct semi-annual performance tests, which are reduced in frequency to annual if the testing of the units meets appropriate limits. The units listed in the table also must follow the initial compliance, testing, recordkeeping, and semi-annual compliance reporting requirements detailed in the MACT rule. Also, area sources that become major must meet RICE MACT requirements immediately upon crossing that determination threshold.
“New” or “reconstructed” RICE larger than 500 BHP at area sources or smaller than 500 BHP at major sources are those built on or after June 12, 2006; existing were built before that date.
The stationary combustion turbine MACT (40 CFR 63 Subpart YYYY) applies only to units located at a major source of HAP emissions, not to units located at area (minor) sources. As described under the RICE MACT, at oil and gas production facilities, owners count HAPs emissions by areas called surface sites, which include glycol dehydrators, tanks with the potential for flash emissions, RICE, and combustion turbines. Combustion turbines located at surface site groups with HAPs emissions larger than 10 tpy of any one HAP or 25 tpy of a combination of HAPs are subject to turbine MACT. The initial turbine MACT published in March 2004 identified eight subcategories of turbines; a subsequent Federal Register notice in April 2004 deleted four of the subcategories. The delisted categories include:
The remaining categories of combustion turbines subject to MACT are
New or reconstructed combustion turbines are those built after January 14, 2003; existing on or before that date. (Existing turbines had up to three years to comply with the new standards.)
MACT Standards: Stationary Combustion Turbines
Potential Future Actions: Existing Diesel Engines In January 2008 EPA published an Advanced Notice of Proposed Rulemaking (ANPR) to solicit input on the inclusion of stationary diesel engines, existing locations, usages, characterization of size and other technical parameters, potential emissions reductions control technologies and their associated costs, as well as health concerns related to diesel exhaust. EPA has undertaken several actions recently to reduce diesel exhaust emissions, which consist primarily of fine particulate (less than 2.5 microns diameter or less). Because these particles have a large surface area, they are effective at absorbing organic and inorganic HAPs, which pose numerous health risks. In addition, the fine particle size makes them readily inhaled deeply into the lungs. EPA received comments through February 25, 2008 and may explore options to achieve further reductions from existing stationary diesel engines in the future. The 1970 Clean Air Act called for the EPA to establish minimum federal standards of air pollution control for new equipment in a variety of industries. These New Source Performance Standards (NSPS) were developed mainly in the 1970s and 1980s for over 70 different source types, ranging from power plants to dry cleaners. The standards are supposed to be reviewed and updated periodically but that process has been spotty. Combustion Turbines
NSPS NO x Emission Standards for Combustion Turbines
Use of water or steam injection technology to control NOx emissions requires the use of a CEMS (continuous emissions monitoring system) device. Initial performance testing is required to demonstrate compliance with the NOx emissions standards. If a CEMS device is not used, annual stack testing for NOx is required. New turbines firing natural gas for electric generation with a heat input at peak load of less than or equal to 50 MMBtu/hr must meet a NOx emission standard of 42 ppm at 15% oxygen. The 50 MMBtu/hr category peak heat input is based on the fuel input to a 23% efficient 3.5 MW combustion turbine. The lowest NOx emission standard under the revised regulations is for new, modified, or reconstructed turbines firing natural gas, with a heat input at peak load greater than 850 MMBtu/hr. These units must meet an emission limit of 15 ppm at 15% oxygen. The 850 MMBtu/hr category peak heat input is based on the fuel input to a 44% efficient 110 MW combustion turbine. The highest NOx emission standard under the modified regulations is 150 ppm and applies to new turbines firing fuels other than natural gas used for mechanical drive and modified or reconstructed turbines, both categories must have a heat input at peak load less than or equal to 50 MMBtu/hr. The 150 ppm NOx limit also applies to the following turbines with a peak load heat input of less than or equal to 30 MW of output: turbines located North of the Artic Circle, operating at less than 75% of peak load, modified and reconstructed offshore turbines, and turbines operating at temperatures less than 0 oF .
Internal Combustion Engines Compression Ignition (CI) Spark Ignition (SI) In January 2008, the EPA finalized NSPS for stationary spark ignition (SI) internal combustion engines (ICE) in conjunction with promulgating MACT for new and reconstructed RICE addressing engines larger than 500 BHP at area (non-major) sources and engines smaller than 500 BHP at major sources. The rules are interrelated as most of the sources subject to MACT in the January 2008 rulemaking automatically ”meet” the MACT by complying with the NSPS standards. This rule became effective March 18, 2008. An SI engine is either a gasoline-fueled engine or and engine with a sparking type device and operation similar to the Otto combustion cycle. For SI ICE, affected sources are any SI ICE whose manufacture or modification commenced after July 1, 2007; standards for different size and fuel-type are listed by future manufacture dates. As with the CI ICE standards, the format of the final standard is an output-based emission standard for PM, NOx, CO, and NMHC in units of emissions mass per unit work performed (grams per kilowatt-hour (g/ KW-hr)). Engines based on their size and model year typically do not have to meet emission limits for every regulated pollutant: PM, CO, NOx, and NMHC. Emission limits can be found in this Federal Register Notice; a summary of the key standards are presented here.
NSPS for Stationary SI engines <= 19 kW (25 hp) manufactured after July 1, 2008
NSPS for Stationary SI engines > 19 kW (25 hp)
NSPS for Stationary Engines >= 100 HP and Emergency Engines > 25 HP
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