P & E minutes November 12, 2013
Permitting & Enforcement Committee Meeting –November 12, 2013
Lazarus Government Center
Ohio EPA
6th Floor DAPC conference room C
Attendees:Chair–Sean Vadas (Akron)
Minutes –Jenny Avellana (CO)
- John Paulian, Mike Hopkins,Mike Ahern,Cheryl Suttman, Briana Hilton, Alan Lloyd, (CO), Rick Carleski (OCAPP),Todd Scarborough, Bryon Marusek, Kelly Saavedra (CDO), Eric Bewley, Kevin Fortune, Rick Smith(NEDO), Carl Safreed(Canton), Sarah Harter(SEDO), Jeff Canan(RAPCA), Pam Barnhart, Kurt Bezeau (Toledo), Paul Tedtman(SWOAQA), Mary McGeary(CDAQ), Andrea Moore, Jennifer Jolliff (NWDO), Duane LaClair (Akron)
- Enforcement issues –John Paulian
Compliance evaluations for FFY 2012 – John plans to go through and see which ones weren’t done and get a final percentage. He will send an email around asking for explanations about why these inspections weren’t done. He just needs something to tell US EPA.
Stars2 seems to be working pretty well. FCEs got scheduled for 2014.
- Permitting–Mike Hopkins
We are still working on the update for theOil and Gas for Well Sites GP. It has gone through a couple of rounds of drafting some changes and getting it to industry groups. We are waiting on them to respond to the latest package. Once they get back to us, hopefully we will be able to finalize it and get the next version out.
PM2.5 rules – package has gone through signoff and we’re waiting for CSI to finish looking at the rules. As soon as they are done this will go out. This is for the official rule promulgation. The package goes to JCARR next. Timeframe – depends on when we can get it into the JCARR hearing. It will probably be more like March that these rules will go through.
We got our first PAL permit issued for Ford. NEDO worked on it. We started it before the economy went bad, and now that the economy has improved Ford wanted to pursue it again. We are also working on another one for Honda and CDO and SWDO are working on that. We are expecting to have that one issued by early January.
BAT less than 10 tpyexemption: support package that we put together – we are still waiting for upper management to look at that package before it goes out to Region 5. This should go out in the next couple of weeks.
Renewal backlog – the end of June 2014 is coming up quickly. We have plenty of title V renewals to process before that time. There are several field offices that are in really good shape. There are several that are going to struggle to get to that point. We are going to meet with some of the field offices to try to help the field offices that need the assistance by assigning some of those permits to some folks in NWDO and CO who have volunteered to help out. We are mainly going to focus on the Title V’s. We’re in pretty good shape with non-title V’s. All non-title V permits that are late renewals are around 8% of the total. Title V’s are more like 30% of the total. Mike met with the director with the progress on the renewal backlog, and expressed to him that we are going to have trouble achieving that goal of no backlog. He didn’t give more time. Mike told him that there were some that were under appeal or reluctance on the part of the company. The director offered to assist with any cases where we are not getting cooperation from the companies. He is willing to contact them to get cooperation from them. Let Mike know if you have a permit where the company is not cooperating, and we’ll get the director involved. We need to do everything we can to achieve the goal of no backlog by June 2014.
The SB 265 BAT guidance that we issued is a prettysignificant change from what we’ve had before in terms of guidance on establishing BAT. We have another round of guidance drafted that has everyone’s questions and answers built into it. We are currently reviewing this. One holdup is an issue that the AGO brought up – one of the cases that was decided by ERAC – Martin Marietta case – ERAC said the director should have been using the new SB approach to setting BAT since 2009. From a practical standpoint would say that we couldn’t use short term limits from 2009 and on. We’ve had some discussion with the AGs with what do we do when we have an “after the fact” permit and we established a short term emission limit according to the guidance? We need to make sure we agree on the answers to those questions before this next round of guidance goes out. Hope to get a response from the AGO soon and then the guidance will go out. He is pushing very hard to have the answer not be “go out and re-issue all those permits.” We’ll see where that ends up. It should take about a month for the next round of guidance to go out. Contact your CO contact if you have questions in the meantime so we can keep moving on the permits. There were two main issues with Martin Marietta. One is the issue of short term limits, and other issue is that ERAC said when you do a renewal you have to reevaluate BAT. We’ve appealed that particular issue. We are not likely to appeal the first issue, simply because we’ve now issued guidance that says we are not going to be doing short term emission limits. One answer is, yes, under renewal we would strip those out for after 2009, another answer is that we will have to put together a program to search for those permits and change them, and the third option is to only modify if the company has a problem with having short term limits in their permit since 2009.
Will this guidance stand alone on its own? Yes. It won’t refer to past guidance.
Permit Fees – Andrew Hall not in today and this was his subject. We will talk about next time but in the meantime should we talk about updating EG 25? Was Erica going to put something together and put on the Answer Place? We’ll handle it next meeting.
3.STARS2 and permit issuance update– Mike Ahern and Erica Engel-Ishida
OAC Chapter 3745-15, "General Provisions on Air Pollution Control,” is under five year review. One of the rules under this chapter is the air pollution nuisances rule. We are going to talk to the director about revising our approach to establishing odor nuisance conditions. We had a lot of pushback from the public on this rule. Texas uses a weight of evidence approach, and this approach was suggested for us to consider. We’re going to give the director a briefing on the Texas approach. Mike will give some information to Sean so the P&E committee can be familiar with it. We have had informal notification out to the regulated community. We have gotten a couple of unsolicited comments on the rule. We will include a summary of those comments in the interested party draft package, which will probably go out before next P&E meeting.
We’ve revised our request to Region 5 that focuses just on compliance certifications for title V facilities and that is in the signoff chain. This is for them to recognize that for 2013 and going forward companies will meet requirements for submittal to Region 5 as well when submitting compliance certifications through Air Services.
The eDoc system went live last week. Non-facility documents can be indexed into the system. There are still some things for local agencies that haven’t been ironed out yet but Mike is working on that.
4.New Rules and SIP Update – Paul Braun
No update
5.Terms and Conditions - Cheryl Suttman
Cheryl is working with one engine company and two or three energy facilities and their consultants on a draft GP for compressor stations. In order to pass significant emissions modeling for NOx and remain under major source for CO, one energy facility has proposed emissions one half of the lowest limits (for NOx, CO, and VOC) identified in Table 1 for new spark ignition engines subject to NSPS Subpart JJJJ, and in order to install a combination of up to 5000 HP of engines. The emission unit allows a facility with no more than a combined 2500 HP to meet the lowest limit identified in Table 1 to NSPS Subpart JJJJ.
Mike suggested that this draft GP cannot be used (issued) until it has undergone review.
- MACT Update-Briana Hilton
•National Emissions Standards for Hazardous Air Pollutants Residual Risk and Technology Review for Flexible Polyurethane Foam Production (40 CFR 63 Subpart III Proposed Rule):
In Federal Register: November 4, 2013
Dates: Comments must be received on or before December 4, 2013
Summary: The EPA is proposing amendments to the National Emissions Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production to address the results of the residual risk and technology review. In light of our review, we are proposing amendments that would prohibit the use of hazardous air pollutant-based auxiliary blowing agents for slabstock foam production facilities. In addition, the EPA is proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown and malfunction; to add provisions for affirmative defense; to add requirements for reporting of performance testing through the Electronic Reporting Tool; to revise compliance dates for applicable proposed actions; to clarify the leak detection methods allowed for diisocyanate storage vessels at slabstock foam production facilities; and to revise the rule to add a schedule for delay of leak repairs for valves and connectors.
- Engineering Guide update (updates highlighted)-
Engineering Guide Revisions
#6 - PTI for Coal to Oil Conversion / Misty Parsons / reviewing guide
#8 – Compliance Tests at Bulk Gasoline Terminals / CDO / Final recommendation submitted to Bruce on 7/23/2012.
#18 - SO2 Compliance Determination Methods for Boilers / Toledo / Resubmitted to Bruce 5/16/13
#20 - Determination of Compliance with Visible Emission Limitations for Stack Source / Akron / Final recommendation submitted to Bruce on 05/09/2012.
#23 - Determination of Significant Figures for TSP Emission Limitations / SEDO / Comments received and making revisions.
#24 - Application of Fugitive Dust Requirements to Affected Facilities / Toledo / Final recommendation submitted to Bruce on 08/14/2012.
#26 - Inclusion of Weight of Water in the Weight of "Refuse" Charged for Incinerators / NEDO / Resubmitted to Bruce 5/15/13
#29 - Applicability of the PTI Rules to Increases in Capacity of a Derated Boiler / CDO / update on progress
#38 - Use of Exempt Organic Compounds to Satisfy BAT Requirements / Akron / Document emailed out to P&E contacts on 11/13/13 for review that would be meant as a placeholder for EG #38 that gives the public the basic reasons why the guide is no longer relevant. Send any comments by December 6, 2013 for Russ Risley.
#42 - Definition of BAT for New Sources / NWDO / Beginning initial review – new selection
#44 - Permit Issuance Policy for Relocation of Portable/Mobile Facilities / CO/SEDO / Erica and Sarah Harter working on changes. – On Holduntil rules/forms changed.
#45 - Calculation of "Potential to Emit" for Surface Coating Lines / Canton / Draft revisions distributed for review 9/9/13. Not many comments were received although there are significant changes throughout the guide. Carl plans to put the guide out for draft issuance before the next P&E meeting.
#46 - Determination of Cost-Effectiveness for BAT and RACM Evaluations / NWDO / Beginning initial review – new selection
#48 - VOC Compliance Determinations for Coating Lines / Canton / update on progress – reviewing guide– Draft expected by end of June
#51 - Number of Sampling Runs to be Witnessed by Agency Observers / RAPCA / reviewing guide – recommendation to revoke guide is a possibility –RAPCA sent out an explanation of reasons to revoke guide. Canton had comments on why the guide should not be revoked. They will discuss with RAPCA.
#53 - Interpretation of Open Burning Standards / Paul Braun / update on progress – reviewing guide
#55 - Precautions in Use of Method 24 for Water-Based Coatings / Akron / Final recommendation submitted to Bruce on 09/24/2012.
#58 – Definition of “Facility” for Ohio Title V Permit Program / Drew Bergman / Beginning draft revisions due to recent court decisions.
#69 – Guidance on Air Dispersion Modeling / Jennifer Van Vlerah / Draft sent out 10/10/13. They are working their way through the comments.
#70 - Guidance on Evaluating Emissions of Toxic Air Pollution Compounds when Processing Permit-to-Install (PTI) Applications. / Hopkins / Hopkins review comments.
#74 – Stack testing for PM2.5 / Hall / On hold until asphalt plant testing issues are resolved.
#77 - Proper application of amended OAC rule 3745-21-07 / CDO / Not relevant to update, drop.
#78 – MSW Landfill Higher Operating Values and Alternative Timeline Requests / NEDO / Revising approval procedure. (This is also a DSIWM Document)
#80 – Methods for Calculating PTE / CDO / Issued Final 3/02/12- additional revisions made by CDO on 9/24/12 and forwarded directly to Bruce. 1/29/13 revisions sent from P&E to Bruce, just in case.Bruce needs to re-evaluate it based on recent BAT guidance.
#82 – Ultra Low Sulfur Diesel Fuel Permitting / NWDO/CDO / New Guide. Draft distributed for review 3/7/13. Comments until 4/8/13. Addressing comments & then will resend another draft to review.
#83 – Asphalt Testing Production Rates / Todd Brown/Alan / Draft out for review. Comments until 11/2/12. –> On hold until asphalt plant testing issues are resolved.
#84 – Non-road Engines / SEDO / update on progress
- General Permits–
Crematories GP- Cleveland / Mike will talk to Jennifer about assigning a modeler to this.
Shale Oil & Gas GP / The well site GP is at the Ohio Oil & Gas Association (OOGA) on its final review.
Miscellaneous Metal Parts GP / Workgroup formed, Rick Carleski lead. Terms being drafted. Developing user guides for calculated VOC and HAPs to accompany the Qualifying Criteria document. Re-running the modeling.
- Training –
Annual DAPC Workshop will be held at the Riffe Building on 12/12/13.
CDO has agreed to put the stack test training back together some time after June.
OCAPP put together online training on PBRs (webinar) on Nov 20. If you look at the PBR webpage and ins and outs of the process and how to apply, that’s basically what will be recorded. More information is on OCAPP website.
- New Items –
None.
- Pending Action Items –
Petroleum Dry Cleaner Exemption – Through research, it was apparent any exemption for a “petroleum” dry cleaner should be expanded to include the use of synthetic hydrocarbons, n-propyl bromide, glycol ethers, etc. Industry doesn’t consider these petroleum dry cleaners, which could cause confusion. Also there are water-only (wet cleaning) processes and others using non-VOC solvents. Rick drafted two new 3745-31-03 exemptions for some CDO staff to review. One is for petroleum and other VOC solvent operations that do not trigger NSPS, Subpart JJJ, and the other for wet cleaning and Green Earth type siloxane solvents. With these exemptions available, the only thing we’ll be regulating permit-wise will be any dry cleaner using perc, and any dry cleaner that uses a VOC solvent and has a machine capacity large enough to trigger NSPS requirements.
P&E Minutes are available in Answer Place Topic ID 2140.
------Next meeting is Tuesday, January 14, 2014.
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