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Title V Operating Permits

Introduction

Environmental regulations can be complicated and overlapping, often proving difficult to identify all requirements that apply to an operation. In each Related Program Index (RPI) this task is simplified by identifying implications one program applicably often has on others. This RPI uses the J.J. Keller & Associations, Inc. broad regulatory knowledge to recommend regulations and compliance programs that may also apply when Title V Operating Permits (40 CFR 70) cover an operation.

If Title V operating permits apply, you should also consider …

New Source Review Permitting Program

Most NSR permits are issued by state or local air pollution control agencies. EPA issues permits in some cases. EPA establishes the basic requirements for an NSR program in its federal regulations. States may develop unique NSR requirements and procedures tailored for their air quality needs as long as the program is at least as stringent as EPA’s requirements. EPA must approve these programs in the State Implementation Plan (SIP). Other states may be delegated the authority to issue permits on behalf of EPA and are often referred to as “delegated states.” There are three types of New Source Review (NSR) permitting requirements. A source may have to meet one or more of these permitting requirements: Prevention of Significant Deterioration (PSD) permits are required for new major sources or a major source making a major modification in areas that meet the National Ambient Air Quality Standards; Nonattainment NSR permits which are required for new major sources or major sources making a major modification in areas that do not meet one or more of the National Ambient Air Quality Standards; and Minor source permits.

Regulatory citations: 40 CFR 51.166(b)(1)(i) 40 CFR 63.2 Related Compliance Network topics: Air Emissions Air Programs

Acid rain regulations

The Acid Rain Program (ARP), established under Title IV -Acid Deposition Control requires major emission reductions of sulfur dioxide (SO2) and nitrogen oxides (NOx), the primary precursors of acid rain, from the power sector. The SO2 program sets a permanent cap on the total amount of SO2 that may be emitted by electric generating units (EGUs) in the contiguous United States. The program was phased in, with the final 2010 SO2 cap set at 8.95 million tons, a level of about one-half of the emissions from the power sector in 1980. NOx reductions under the ARP are achieved through a program that applies to a subset of coal-fired EGUs and is closer to a traditional, rate-based regulatory system.

Regulatory citations: 40 CFR 72.6

Related Compliance Network topics: Air Emissions Air Programs

Hazardous waste

The Resource Conservation and Recovery Act’s (RCRA) hazardous waste permitting program ensures the safe management of hazardous wastes. Under this program, EPA establishes requirements regarding the treatment, storage and disposal of hazardous wastes. The permitting program is important to the cradle-to-grave management system for hazardous wastes, which prevents dangerous releases and avoids costly Superfund cleanups. Permits are issued by authorized states or EPA regional offices. States and EPA cooperate to implement RCRA. To ensure protectiveness, RCRA permits address facility-wide issues such as corrective action, general facility standards, and unit specific requirements for hazardous waste combustors (HWCs) and other types of hazardous waste management units at the facility. Furthermore, construction of a new hazardous waste management unit cannot begin until a final approved RCRA permit is issued for the unit. Prior to the HWC NESHAP, the combustor-specific portion of RCRA permits set emission standards and operating requirements. Specifically, RCRA permits for HWC facilities set the operating requirements that specify the allowable ranges for critical parameters to ensure compliance with national risk-based emission standards

Regulatory citations: 40 CFR 270.10(f)

Related Compliance Network topics: Waste Collection Centers Hazardous Waste

OSHA Safety and Health Standards

OSHA manages air quality through regular checks on businesses and measurement tools. OSHA sends in quality control agents (industrial hygienists) to evaluate the workplace for chemical hazards and see if any are covered under a PEL or a legal, regulatory limit on the quality or concentration that may be exposed to an employee. PEL is based on the exposure type. For example, Respirable Crystalline Silica (RCS) will have a certain exposure level by air and exposure duration (average weighted time; TWA). Contaminants are then organized based on exposure limits. Listed below are the contaminant exposure recommendations established by industry experts:

  1. Recommended Exposure Limits (REL) established by NIOSH, or the National Institute of Occupational Safety and Healthy.
  2. Threshold Limit Values (TLVs) published by the American Conference of Governmental Industrial Hygienists (ACGIH).
  3. Workplace Environmental Exposure Levels (WEELs), published by the American Industrial Hygiene Association (AIHA).

Regulatory citations: 29 CFR 1910.1000

Related Compliance Network topics: Toxic and Hazardous Substances - OSHA Safety and Health Programs and Trainings