Environmental News
Volume 8, Issue 18
Question of the WeekDoes "New Source Review" Apply to My Facility? Q. My company is planning to install some new equipment on our production line that will increase the amount of carbon monoxide we release. We are trying to figure out if we need to go through New Source Review (NSR) under the Clean Air Act. Which pollutants are regulated under that rule? Do we need to follow the NSR requirements before we install the new equipment?
A. The NSR rules [40 CFR 50-52] under the Clean Air Act are among the most complex of EPA's regulations. Whether you're subject to them is dependent on some very specific information, including your location, your operations, and the type and amount of pollutants you release. You must first determine if your facility is in an attainment or a non-attainment area for carbon monoxide. If you don't know the answer, you can look up the status at 40 CFR 81 or on EPA's air data Web site. Second, you need to find out if your facility (as it currently operates) is considered a "major stationary source" by EPA. Be cautious in this determination, as the definition of "major stationary source" differs for facilities in attainment areas versus facilities in non-attainment areas. Carbon monoxide is included in the regulatory definition of a "regulated NSR pollutant," as are many additional air pollutants. If your source is a "major stationary source," you need to calculate how much carbon monoxide your new equipment could potentially release on an annual basis. This amount will determine if you are planning a "major modification" and whether NSR applies to your situation. If it does apply, then you'll be required to obtain a pre-construction permit, install modern pollution control equipment, and possibly fulfill other regulatory obligations. Finally, consider that other regulations affecting air emissions may be triggered by a modification to your facility, including New Source Performance Standards [40 CFR 60], Title V permitting requirements [40 CFR 70], and possibly state-specific regulations. Related RulemakingProposed Changes for Electric Generating Units The EPA has published a Supplemental Notice of Proposed Rulemaking (SNPR) [72 FR 26202] to the October 2, 2005 notice of proposed rulemaking [70 FR 61081] to offer further options for changing the emissions increase test used to determine if the New Source Review (NSR) permitting program would apply when an existing power plant makes a physical or operational change. This proposal would affect only the application of the NSR program to existing electric generating units (EGUs) at power plants. In its October 2005 proposal, EPA proposed an hourly emissions increase test alone, whereby EPA would remove the annual emissions increase test in the current regulations and an EGU would be subject to NSR if the hourly emissions would increase. In this SNPR, EPA is including a new (and preferred) option. Under the new option, the current annual emissions increase test is retained and applied in situations where an EGU’s hourly emissions would increase. Join the conversation! Visit the environ-mgmt Discussion Group to post comments, ask questions, and get answers!
EPA News05/02/2007—Company Fined for Tainted Fuel 05/02/2007—New EPA Web Site Makes It Easier To Be Good Environmental Stewards 05/01/2007—Texas Refinery Will Pay $2.9 Million to Resolve Air Violations: Company Will Take Significant Steps to Reduce Harmful Emissions 04/26/2007—Acid Manufacturer Will Spend $50 Million to Reduce Air Pollution
Recent EPA Rules, Standards, and Interpretations05/03/2007—National Air Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning 05/01/2007—Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Certain Ethanol Production Facilities Under the “Major Emitting Facility” Definition 05/01/2007—Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking Water Contaminant Candidate List—Preliminary Determinations |
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