Frequently Asked Questions: NNSR Permit

NNSR Permit Frequently Asked Questions

What is the Clean Air Act New Source Review (NSR) permit program?

The Clean Air Act New Source Review (NSR) permit program is a preconstruction permitting program that requires industrial facilities to install modern pollution control equipment when they are built or when making a change that increases emissions significantly. The NSR program is part of the broader regulatory framework established by the Clean Air Act, which aims to protect public health and the environment from harmful air pollutants.

What types of permits are included in the NSR program?

The NSR program includes two distinct types of permits:

1. Prevention of Significant Deterioration (PSD) permits for areas that meet national ambient air quality standards (attainment areas)
2. Nonattainment NSR (NNSR) permits for areas that do not meet these standards (nonattainment areas)

What is the purpose of the PSD program?

The PSD program aims to prevent significant deterioration of air quality in attainment areas by ensuring that new emissions do not cause significant degradation of air quality. The PSD program applies to six "criteria pollutants": particulate matter, sulfur dioxide, nitrogen oxides, carbon monoxide, ozone, and lead.

What is the purpose of the NNSR program?

The NNSR program requires more stringent pollution controls in nonattainment areas to help them come into compliance with air quality standards. The NNSR program applies to the specific pollutants for which an area is designated as nonattainment and requires industrial facilities to install the most stringent pollution controls, known as the Lowest Achievable Emission Rate (LAER).

What activities trigger the need for an NSR permit?

The specific activities and thresholds that trigger the need for an NSR permit depend on the type of facility, the pollutants emitted, and the area's attainment status for national ambient air quality standards. Generally, the following activities require an NSR permit:

• Construction of a new major stationary source
• Major modification of an existing major stationary source
• Construction or modification of a minor source in a nonattainment area, if emissions exceed significance thresholds

Are there any exemptions from NSR permitting?

Yes, certain projects and emissions sources are exempt from the NSR permit requirements. These exemptions include:

1. Routine maintenance, repair, and replacement activities
2. Temporary clean coal technology demonstration projects
3. Pollution control projects
4. Certain modifications at nonprofit health or education institutions

How can developers determine if their project requires an NSR permit?

Developers should carefully review the specific requirements and thresholds for their facility type, pollutants emitted, and the area's attainment status. Consulting with the relevant regulatory agency (EPA or state/local air pollution control agency) can help confirm the applicability of NSR permitting to a specific project.

What are the key components of an NSR permit application?

A complete NSR permit application typically includes:

1. Permit application forms
2. Process description and flow diagram
3. Emissions calculations
4. Best Available Control Technology (BACT) or Lowest Achievable Emission Rate (LAER) analysis
5. Air quality impact analysis
6. Additional impacts analysis (PSD only)
7. Emissions offsets (NNSR only)

What is the ideal timing for initiating the NSR permit process?

The ideal timing for initiating the NSR permit process is during the conceptual design phase of the project. This allows the project proponent to incorporate any necessary emissions controls or design changes identified during the permit process into the project plans, avoiding potential delays or costly retrofits later in the project life cycle.

What are the key approval criteria for an NSR permit?

The key approval criteria for an NSR permit include:

• Demonstrating that the project will not cause or contribute to a violation of air quality standards or increments
• Applying the appropriate emissions control technology (BACT for PSD, LAER for NNSR)
• Securing necessary emissions offsets (for NNSR)
• Completing the required air quality impact analyses and additional impacts analyses (for PSD)

How can developers prepare for and manage public participation in the NSR permit process?

Developers should view public participation as an opportunity to engage with stakeholders, address concerns, and build support for the project. Early and proactive communication with the community, including informational meetings and outreach materials, can help identify and resolve potential issues before the formal public comment period begins.

What are some common pitfalls to avoid in the NSR permit process?

Common pitfalls to avoid in the NSR permit process include:

1. Underestimating the time and resources needed
2. Submitting incomplete or inadequate application materials
3. Failing to identify and address potential public concerns
4. Not allowing for flexibility in project design to accommodate necessary changes identified during the permit process

What are the ongoing compliance obligations for NSR permit holders?

NSR permits typically include conditions and requirements that the permit holder must adhere to, such as:

• Emission limits
• Monitoring and testing
• Recordkeeping and reporting
• Mitigation measures
• Annual compliance certifications

Permit holders should develop and implement robust compliance management systems to ensure ongoing compliance with permit conditions.

What are the potential consequences of non-compliance with an NSR permit?

Non-compliance with NSR permit conditions can result in enforcement actions and penalties, such as:

• Administrative penalties
• Civil fines
• Criminal charges
• Permit revocation

The severity of the consequences depends on the nature and extent of the violation.

How can technology help facilitate compliance with NSR permit requirements?

Technology can play a crucial role in streamlining and enhancing compliance with NSR permit requirements by:

• Automating data collection and analysis
• Providing real-time monitoring and reporting of emissions and permit conditions
• Centralizing data storage and access
• Improving documentation and recordkeeping
• Enhancing visualization and communication of compliance status and trends
• Proactively identifying and resolving potential compliance issues

Common tools and platforms used for NSR permit compliance include Environmental Management Information Systems (EMIS), Continuous Emission Monitoring Systems (CEMS), Air Dispersion Modeling Software, and Geographic Information Systems (GIS).

What are some recent changes and updates to the NSR permit program?

In recent years, there have been several notable changes and updates to the NSR permit program, including:

1. The Project Emissions Accounting Rule (March 2020), which clarified that both emissions increases and decreases resulting from a proposed project must be considered when determining NSR applicability
2. Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles (April 2018)
3. Revisions to the Guideline on Air Quality Models (January 2017)

These changes reflect ongoing efforts to streamline and clarify the NSR permitting process while maintaining public health and environmental protections.

Where can developers find additional resources and guidance on the NSR permit program?

Developers can find additional resources and guidance on the NSR permit program through:

• EPA NSR Permitting Website
• NSR Workshop Manual
• State and Local Permitting Agencies
• RACT/BACT/LAER Clearinghouse (RBLC)
• Air Quality Modeling Guidelines

These resources can help navigate the complex world of NSR permitting and ensure compliance with Clean Air Act regulations.