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3.1 Conduct an Emissions
Inventory
3.2 Obtain Permits and
Document
Exemptions
3.2.5 Emission Thresholds and Source Classifications
3.3
Non-Permit Requirements
In the production, handling, and use of chemical products, individual compounds either as raw materials, intermediates, by-products, or waste may be emitted to the atmosphere. These emitted compounds, or “air emissions,” are regulated by Ohio and Federal air pollution control rules. Every chemical facility needs to manage its air emissions such that the potential risk to human and environmental health is minimized. Facilities must also ensure they meet the myriad of environmental regulations that pertain to air emission issues. In order to identify and understand the various air rules that apply to your operation, you will need to:
With this information you may determine which equipment and/or processes at you facility require an air permit. Air permits are issued through the Ohio EPA. Aside from permitting requirements, your operation may be subject to additional Ohio and Federal rules that may impose requirements covering:
This chapter provides a basic framework of regulatory guidance for determining air pollution control requirements applicable to your operation. Below is a regulatory determination process diagram which provides an outline for the basic components of this chapter. The diagram will also direct you, in an orderly fashion, to work through the various air pollution control requirements which may be applicable to your operation. Figure 3.1 Air Regulatory Flow Diagram
3.1 Conduct an Emissions Inventory Before you can determine regulatory requirements applicable to your operation, you will need to conduct an emissions inventory to identify all potential “air contaminants” (i.e. sources of emissions). Although Ohio EPA regulations do not contain an all-inclusive list of what an 'air contaminant' is, air contaminants do include particulate matter, dust, fumes, gas mist, smoke, vapor, odorous substances, or a combination of the aforementioned (OAC 3745-15-01). You should first identify all air contaminant sources (i.e. building, structure, facility, operation, installation, other physical facility or real or personal property) that emit or may emit an air contaminant (OAC 3745-15-01). Then, determine what air contaminants (i.e. VOC, NOx, SOx, PM, CO, etc.) are being emitted from the identified sources. 3.1.1 Identify Air Contaminant Sources You will want to evaluate the following categories in order to identify your facility's air contaminant sources:
The emission inventory you conduct should be used to help you determine a baseline for your facility, from which you can begin to understand how your operations are regulated. 3.1.2 Identify Air Contaminants Once you have identified each air contaminant source, you will need to determine the type of air contaminant(s) being emitted from the source(s). You can do this by looking at:
State and federal regulations are designed to more stringently control the emissions for releases of the six (6) criteria pollutants or hazardous air pollutants (HAPs). Criteria pollutants are those pollutants traditionally associated with air pollution, such as particulates, inorganic gases (see listing below). HAPs are more recent additions to the regulatory process, and include a much larger list of organic compounds. You should be looking for both categories of contaminants when you identify air contaminants from your facility. Criteria pollutants include:
A list of HAPs can be found in Section 112(b) of the Clean Air Act or at the HAP List maintained by the Ohio EPA Division of Air Pollution Control. Note: Make sure to record emissions information gathered during the emissions inventory. This information will help you determine which regulations apply to your facility and/or may serve as documentation to demonstrate an exemption. 3.1.3 Quantify Emissions After you have identified all emission sources and determined the type of air contaminant(s) being emitted from each source, you will want to determine the quantity of each emission, or the “emission rate.” The emission rate indicates how much of a particular pollutant is being emitted from a source. Typically, emission rates are expressed in terms of pounds emitted per hour, pounds emitted per ton processed, and tons emitted per year. You will use your determined emission rates in conjunction with a production time and the amount of material used for this time to estimate actual and potential emissions from your source and ultimately, your facility. The first step is to quantify the actual emission rates. Several options are available when quantifying emission rates. Primary options are:
When quantifying emission rates from storage or process tanks, you can use the U.S. EPA TANKS software, which will assist you in calculating the emissions as well as identifying the information needed for the calculations. Emission rates from wastewater treatment units and collection sources, can be quantified using US EPA's Water Software. EPA has recently released a new version WATER 9, however, the previous edition (WATER 8) is still available for anyone not using Windows® 95 or higher operating systems. After characterizing the emissions from your facility, you can determine your regulatory requirements by calculating both your potential and actual emissions. Potential to emit (PTE) and actual emissions will determine what permits or exemptions apply to your air contaminant source. While both PTE and actual utilize the emission factors previously calculated they have different purposes. PTE is calculated using the maximum time that the source can emit pollutants, while actual emissions calculate the amount of emissions based on actual process operating times, and limitations. Each method is discussed in more detail in the following sections. Actual emissions are based on production over a period of time and will be used in conjunction with PTE estimates to determine what regulations and requirements apply to your source or facility (OAC 3745-35-01). Actual emissions should be determined for all air contaminant sources by using one of the emission rate methodologies described in Section 3.1.3. Actual emission should be reduced by including applicable control and recovery equipment in each calculation. An excellent source for emission rates is the "Compilation of Air Pollutant Emission Factors, AP-42" guidance. Additional assistance for calculating actual emissions can be found in the U.S. EPA Emission Inventory Improvement Program Manual, Volume II, Chapter 8 “Preferred and Alternative Methods for Estimating Air Emissions from Paint and Ink Manufacturing Facilities” and Chapter 5 “Preferred and Alternative Methods for Estimating Air Emissions from Wastewater Collection and Treatment.” Note: In order to demonstrate permit applicability or an exemption you should maintain all supporting emission calculation data used to determine actual emissions. Calculate Potential To Emit (PTE) Using The “Worst Case” Methodology For the most part, the determination as to whether an emission source requires an air permit is based on the source’s PTE. In the Ohio Administrative Code (OAC), PTE is defined as the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design (OAC 3745-35-01). Normally, PTE is determined on an annual basis to yield a value expressed in terms of emissions per year. Historically, the U.S. EPA employed a “worst case” approach to determining PTE using the following equation:
EPA acknowledges the “worst case” method for calculation of PTE may not be the most appropriate method in all cases. In guidance memos developed by EPA, alternative methods (and factors to consider) to calculate PTE are presented. Specifically, January 15, 1995 and September 6, 1995 guidance memoranda (white papers) from John S. Seitz, Director, Office of Air Quality Planning and Standards, U.S. EPA clarifies that inherent physical limitations and operational design features, which restrict the potential emissions of individual emission units, can be taken into account when calculating emissions. You may want to review the U.S. EPA’s white papers and additional guidance documents found at the following source to help you calculate PTE:
Unlike the actual emission calculation, control and/or recovery equipment cannot be taken into account and does not reduce a PTE, unless the control device is an integral part of the production process. You may want to refer to the Engineering Guides published by Ohio EPA for additional guidance. Your PTE calculation should not be based solely on the "worst case" scenario (8,760 hrs/yr.). Rather, the PTE calculation methods you use should take into consideration the following:
Note: In order to demonstrate permit applicability or an exemption, you should maintain all supporting emission calculation data used to determine actual emissions. Calculate Potential To Emit (PTE) Using The SOCMA Methodology The Synthetic Organic Chemical Manufactures Association (“SOCMA”) developed an alternative PTE calculation method for batch process air emissions. The SOCMA method recognizes and takes into account the fact that operational and equipment limitations are inherent to batch processes. To calculate PTE using the SOCMA method, you should first identify each product made at your facility. For each product you will want to map out the different types of emissions and equipment or pieces of equipment that may be used to produce each product. Be sure to include any alternative or interchangeable equipment that can be used to make a particular product. These steps will help you to determine the operational and equipment limitations at your facility. After you have determined all possible production scenarios at your facility, you will calculate the PTE for each production scenario. Your PTE will be determined from the highest emitting combination of batch production cycles. The production scenario with the highest PTE is the one you should use as your PTE determination. Additional guidance on using the SOCMA methodology to calculate PTE can be found in Ohio EPA Engineering Guide #61. 3.2 Obtain Permits and Document Exemptions Once the emissions have been estimated using the methods described in the previous section, you can then begin to determine what type of permit is required for the source or facility in question. The permitting requirements for most sources will require a Permit to Install (PTI), which will be followed by a Permit to Operate (PTO). Depending on the source and the pollutants, there may be additional permitting requirements that are a result of federal air pollution regulations, Section 3.3 addresses some of these additional requirements. If the emissions from the facility are small, the source may be exempt from certain portions of the permitting process, or the source may be eligible for registration status. These exemptions are discussed in more detail in later sections. Table 3.1 below, lists the possible permits that may be required of your facility. When planning to install a new source of air pollution, regardless of the level of emissions or the size of the source, one of the first steps in the permitting process should be to contact the District Office and/or Local Air Agency (DO/LAA) that is responsible for the county in which you plan to locate the air pollution source. The local office can help in specifying the information necessary for the permit application, and will also be important if the permitting and review process need to be expedited. Table 3.1 Applicable Permits
Refer to Table 3.2 as a timeline guide for obtaining Permits to Install (PTI) and Permits to Operate (PTO). 3.2.1 Determine Permit Applicability Each air contaminant source requires an air “permit to install” (PTI) unless the source qualifies for a permit exemption. NOTE: Until a PTI has been received, there can be NO construction or installation of a source. This is a common source of permitting violations. A PTI can serve as a temporary operating for up to one (1) year, at which time an operating permit should be obtained. This section will identify the various permit exemptions and describe permit requirements and the permitting process. Additional assistance in determining your permit applicability and/or help in completing an application is available at:
Table 3.2 Recommended Timeline for Obtaining PTI and PTO
3.2.2 Determine Permit Exemptions Air contaminant sources with minimal emissions may qualify for a permit exemption. Refer to Table 3.3 to help determine if an exemption applies to your source. If you qualify for an exemption, you will want to maintain proper documentation to demonstrate that exemption, and to maintain the exemption in the future. Changes in production levels, etc. could place the source into a different regulatory category. Review each exemption requirement carefully for specific recordkeeping requirements. Table 3.3 Permit to Install (PTI) Exemptions
Note: A list of local air pollution control agencies can be found on the Ohio EPA’s website. If you have a piece of equipment installed prior to January 1, 1974, you may be exempt from the Permit to Install requirements in OAC 3745-31. Contact your local air pollution control agency to determine permit applicability for a grand fathered source. A list of local air pollution control agencies can be found on the Ohio EPA’s website. An air contaminant source may qualify for the De Minimis exemption (OAC 3745-15-05) if it has:
If your source has a PTE that exceeds any of the criteria described above, but actual emissions are within these criteria, you may be considered a conditional de minimis source and may qualify for the exemption as long as adequate records are maintained to demonstrate compliance, and that the emission levels have not increased above de minimis levels. Specific Permit to Install (PTI) Exemptions If your air contaminant source meets the exemption requirements listed in OAC 3745-31-03, you are not required to obtain a permit to install. 3.2.3 Permit to Install (“PTI”) A PTI must be obtained prior to construction of any air contaminant emission source. Construction is defined as any physical change or change in the method of operation (including fabrication, erection, installation, demolition or modification of an emission unit) that would result in a change in actual emissions (OAC 3745-31-01). Typically, a PTI may take 30-90 days for issuance. However, if you are a "greenfield" facility (a contiguous area under common control that is an undeveloped site) it may take up to two (2) years. Modifications to an existing source or operation may also require a PTI. A modification is defined in OAC 3745-31-01 and includes a physical change to an operation, or in the method of operation that results in:
A PTI allows 18 months to initiate construction. If substantial construction has not occurred after 18 months and an extension is not granted by Ohio EPA, a new PTI is required. The PTI must be maintained at the facility for the life of the equipment. Refer to Figure 3.1 to help determine if your facility is required to obtain a PTI. Note: Facilities may not begin installation of equipment without a PTI, unless exempt, and must apply for an operating permit within thirty (30) days of start-up.
A new or modified air contaminant source may be eligible for PTI Registration Status if:
"Maximum uncontrolled emissions" are the amount of emissions from the air contaminant source in tons per year calculated at the maximum operating capacity of the air contaminant source based on the 8,760 hour operating year in the absence of control equipment (OAC 3745-31-01). It is important when preparing to obtain a permit to keep in mind the time involved in the permitting process and how long it may take to obtain a final issuance permit after you have submitted a complete application (Table 3.2). The following steps provide a general overview of this process:
All permit applications should be submitted in a timely manner with complete and accurate data accompanied by the appropriate supporting material. Refer to Table 3-4 for assistance in preparing a complete PTI application for submittal. Table 3.4 Permit to Install (PTI) Application Requirements
As indicated in Table 3.4 there are several elements that are necessary when applying for a PTI. The application should be completed using the Ohio EPA Form 3150. A Permit to Install (PTI) application can be downloaded (zip format) from the Ohio EPA. The application must be accompanied by an operation specific Emissions Activity Category Form. As a part of a PTI, you must make a best available technology (BAT) determination. In other words, you must demonstrate that the new emissions source uses control technology that is at least as effective as similar sources. For more information on a BAT analysis you may want to contact your local air agency or go to the Ohio EPA’s BAT database to review what control technologies other facilities have been able to employ under the BAT requirement. Engineering Guide #42 may provide additional guidance on the BAT determination. Further, an air toxic analysis may need to be performed for the air contaminant source. Engineering Guide #69 may provide additional assistance in completing an air toxic analysis. A PTI may have requirements for installation, operation, monitoring, emission testing, reporting, and/or recordkeeping. You should review each permit carefully to identify specific requirements for your air contaminant source. If your facility is in immediate need of a PTI, Ohio EPA may expedite the review process. However, there is no guarantee that Ohio EPA will issue the permit by your request date. Permit expediting is done on a case-by-case basis and requires additional paperwork from the facility including:
To expedite a PTI, you need to request that Ohio EPA place your facility on its tracking list known as the “rush list.” You can do this by contacting the Ohio EPA Air Quality Modeling and Planning Section Manager, at (614) 644-3611. Keep in mind this will only expedite the review process at the Ohio EPA Central Office. You should contact your local air pollution control agency to request expedited review at that agency. 3.2.4 Permit to Operate (PTO) A PTO should be obtained prior to operation for all sources that do not qualify for a PTI exemption (Section 3.2.2) and are not listed as an exemption in OAC 3745-35-05. A PTO imposes State or Federally enforceable limitations on an air contaminant source. Since each new source could require a PTO, your facility could have several individual PTO's at any one time. Your facility may be required to obtain a Title V operating permit (Section 3.2.5) if your facility has the potential to emit:
A Title V permit is one large permit that includes all of your facility's sources. Thus, several individual PTO's may not be required if a Title V permit is obtained. Refer to Figure 3.3 to help determine if your facility requires a PTO. It is important to understand that PTO's last 5 years, and they are renewable. Note: If you meet the definition of a facility as defined in OAC 3745-77, you will be required to obtain a Title V permit in place of a PTO. Review Section 3.2.5.1 for additional information. Figure 3.3 Determination for Permit to Operate (PTO)
A PTO registration status permit is issued for sources whose emissions are considered minimal (OAC 3745-35-05). You may obtain a PTO under Registration Status if the air contaminant source has:
A registration status operating permit needs no renewal. However, if changes are made to equipment which result in increased emissions, the source may no longer qualify for registration status, and a renewable PTO may be required. Contact your local regulatory agency for clarification. A PTO should be obtained when operations using a new piece of equipment or modification to an existing piece of equipment are begun. You may need to conduct an "emission test" within ninety (90) days of equipment start-up; your PTI will state if an emission test is required. The start-up test will be used to determine actual air emissions. Your facility may also perform a "performance test," which is used for evaluating vendor guarantees and installation requirements, as defined in the PTI. PTO applications may be submitted using STARShip software, or using the Ohio EPA Form 3161. All permit applications should be submitted in a timely manner with complete and accurate data accompanied by the appropriate supporting material. Refer to Table 3.5 for assistance in preparing a complete PTO application for submittal. Note: During the PTO application process you can operate under the terms and conditions described in your PTI for up to one (1) year. Table 3.5 Permit to Operate (PTO) Application Requirements
Your permit(s) will have specific terms and conditions that are enforceable by the Ohio EPA, and the permit may also have specific requirements on:
It is imperative that you review each permit for these specific requirements. This can often be done during the initial review period upon receiving the draft PTO. Requirements that address operating conditions should be reviewed carefully so that future production levels are not unduly restricted. However, in some cases the restrictions may be imposed to keep emission limits below a level which would trigger more costly control measures. Note: All monitoring and testing must be done pursuant to U.S. EPA or Ohio EPA methods. Both PTI and PTO will usually specify the appropriate method to use for monitoring or stack testing requirements. However, if that is not the case, you will want to ensure that the type of monitoring or testing you are conducting is a regulatory approved method by checking the above regulations, or by contacting your local air pollution control agency. Table 3.6 Reporting Requirements
Note: The list of counties subject to Annual Emission Statements is subject to change with changes in the National Ambient Air Quality Standard for Ozone. Table 3.7 Recordkeeping
Federally Enforceable State Operating Permit ("FESOP") A state operating permit with federally enforceable limitations is known as a FESOP (OAC 3745-35-07). FESOPS allow companies to voluntarily limit their PTE in order to avoid Title V, MACT, or other Federal requirement. A federally enforceable limitation will include the following:
Actual and potential emissions place each source into source classifications, and source classifications are used to determine permit applicability. For example, all “major sources” require a Title V permit. Refer to Table 3.8 to help you determine the correct source classification for your air contaminant source. Table 3.8 Source Classifications
Title V permits should be obtained by facilities designated as major sources for air contaminants (OAC 3745-77). If your facility has multiple air contaminant sources classified as major sources, you should apply for and obtain a Title V using the Ohio EPA’s STARShip program. Refer to Table 3.9 for help in determining requirements for a Title V permit. A Title V permit is effective for up to five (5) years from the date of issuance. A Title V permit will have requirements on emission limitations and standards that may be met through operational restrictions. In addition, each permit will require monitoring, reporting and recordkeeping requirements. You should carefully review a Title V permit to determine requirements specific to your facility. Note: Failure to submit an application for a Title V permit is a violation of the law. However, a facility may operate without a Final Issuance Title V permit as long as the Ohio EPA has received a complete application within 12 months after commencing an operation subject to Title V permitting (OAC 3745-77-06). Table 3.9 Title V Application Submittal
Maximum Achievable Control Technology (MACT) Title III If your facility is a considered a “major source” and requires a Title V operating permit, you are subject to Maximum Achievable Control Technology (MACT) regulations. Please review the MACT requirements in Title III of the Clean Air Act Amendments (CAAA) to determine what requirements apply to your facility.
In addition to permitting requirements, your facility may be subject to other additional, non-permit requirements. Additional requirements can be specific to an emission source, defined for a specific air contaminant, or apply to a particular region. Review each non-permit regulation carefully to determine the specific requirements for you facility. If a non-permit requirement is applicable to your facility, you will want to ensure that you have reviewed the regulation carefully for source specific requirements regarding:
Note: All monitoring and testing should be done pursuant to U.S. or Ohio EPA methods. A monitoring or testing requirement will usually specify the method to use. However, if that is not the case, you will want to ensure that the type of monitoring or testing you are conducting is a regulatory approved method by contacting your local air pollution control agency. Note: Reports should be sent via certified mail and you should, maintain a copy of the certified mail receipt and the report in the facility’s files. 3.3.1 Ohio Administrative Code (“OAC”) Chapter 3745 OAC 3745 contains rules and regulations from Ohio EPA, many of which are specific to certain air contaminant sources or air pollutants. Please review this Chapter for applicability at your facility. The pollutant-specific regulations OAC 3745-21-07 through 3745-21-09 apply to facilities with annual emissions over 100 tons per year in “Priority 1” counties. If you are located in any of the following counties you will want to pay special attention to these OAC sections: Butler, Clark, Clermont, Cuyahoga, Dark, Delaware, Fairfield, Franklin, Geauga, Greene, Hamilton, Lake, Licking, Lorain, Lucas, Madison, Medina, Miami, Montgomery, Perry, Pickaway, Portage, Preble, Stark, Summit, Union, Warren or Wood. Note: New sources are subject to the OAC rules regardless of location or facility emissions. The following sections of Chapter 3745 are most likely to impact a chemical facility:
3.3.2 New Source Performance Standards (“NSPS”) NSPSs describe certain performance standards applicable to specific equipment and/or process operations. Each performance standard has it’s own applicability determination, which should be closely reviewed against process operations to determine applicability. Some of the more common NSPS requirements affecting the chemical industry are:
A complete list of NSPS requirements can be found at 40 CFR 60 Subpart A. 3.3.3 National Emissions Standards for Hazardous Air Pollutants (“NESHAP”) NESHAPs were originally developed before the 1990 Clean Air Act Amendments (40 CFR 61). Newer NESHAPs specifying "MACT (Maximum Available Control Technology) Floor" values were developed as required in the Clean Air Act Amendments of 1990. These newer NESHAP regulations define minimum requirements that facilities should employ to reduce emission levels to the MACT Floor value. The MACT Floor values are developed for different process operations and are based on the best control technologies utilized by the industry. Some of the more common NESHAP standards affecting the chemical industry are:
A complete list of NESHAP requirements is provided at:
3.3.4 The Risk Management Program ("RMP") Risk Management Program (RMP) requirements include a prevention program portion based on the OSHA Safety Management requirements. These requirements are a break from the traditional emission standard basis, and move to a performance-based standard in which there is no ‘one way’ to maintain compliance. You should develop an individual plan to meet the performance standard outlined by the regulation. Additional details about RMPs and other requirements of the Accidental Release program can be found on the Ohio EPA website at http://www.epa.state.oh.us/dapc/atu/112(r)/rmp.html. 3.3.5 Stratospheric Ozone Title VI Stratospheric Ozone regulations are found in Title VI of the CAAA (40 CFR 82) and regulate the use of chlorofluorocarbon (CFCs) materials. CFCs are commonly employed in process chilling (i.e. cooling, refrigeration) or comfort cooling (i.e. air conditioning) equipment. The use, handling, and recycling of these materials all require additional permitting and certification. U.S. EPA conducts technician training and certification for CFC work. Refer to U.S. EPA or the Stratospheric Ozone Hotline at 1-800-296-1996 for more details. 3.3.6 Consolidated Air Rules (CAR) for the Synthetic Organic Chemical Manufacturing Industry The first consolidated air rule was issued for the Synthetic Organic Chemical Manufacturing Industry at the end of September 2000. The CAR consolidates portions of several environmental regulations, including NSPS and NESHAP. The CAR is intended to increase regulatory understandability, reduce recordkeeping and reporting requirements, and improve implementation and compliance. Existing affected sources may choose to comply under the CAR or remain regulated under separate regulations. You can access information by contacting Rick Coyler at:
3.4 Sources of Additional Information
3.4.2 Air Project Financing
Ohio Air Quality Development Authority “Alternative Control Techniques Document: Volatile Organic Liquid Storage in Floating and Fixed Roof Tank;” Office of Air Quality Planning and Standards, EPA 453/R-94-001 Emission Inventory Improvement Program Manual, US EPA
“Control of Volatile Organic Compound Emissions for Batch Processes – Alternative Control Techniques Information Document,” Office of Air Quality Planning and Standards, EPA-453/R-94-020 “Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry,” Office of Air Quality Planning and Standards, EPA-450/4-91-031 “Clean Air Act Potential To Emit Guidance, A Step-By-Step Guide on how to Calculate Potential Emissions from a Batch Process to Determine Major Source Status,” Synthetic Organic Chemical Manufacturers Association (SOCMA) 3.4.4 Internet Resources Federal
Air Regulations (40 CFR Subchapter C): Technology Transfer Network (TTN): TTN is a collection of technical web sites containing information about air pollution from federal and state agencies. The following databases contained in the TTN may be of particular help in managing air regulations.
3.4.5 Air Regulations
NESHAP Regulations:
U.S. EPA Applicability Determination Index
3.4.6 Internet References
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