AIR PERMITTING IN VIRGINIA
Major New Source Review (NSR) Permitting
The Clean Air Act requires that the National Ambient Air Quality Standards (NAAQS) be met. Virginia maintains a network of monitors that sample the ambient air to ensure that the air we breathe meets these standards. If an area is formally designated as meeting the NAAQS for the criteria pollutants or is unclassifiable, that area is said to be in attainment of those standards. To preserve the existing clean air and ensure that the NAAQS continue to be met, the area is marked as a Prevention of Significant Deterioration (PSD) area. When a certain area is not attaining one or more of these standards, the area is labeled as "nonattainment" for the pollutant (or pollutants) exceeding the standard. Major stationary sources wishing to construct or modify in either a PSD or Nonattainment area have specific permitting requirements that must be followed.
Prevention of Significant Deterioration (PSD) Permits
PSD permitting applies to new major sources or major modifications at existing major sources in areas that are designated as being in attainment with the NAAQS. Facilities that apply for a permit and emit certain air pollutants at a rate greater than 250 tons per year (or are one of 28 specific industries identified in the state and federal regulations and will emit 100 tons per year) will be processed as a PSD permit.
The PSD permitting process can be time consuming and involves a greater level of scrutiny, but the review ensures that economic growth will occur in a manner that protects and preserves public health and air quality. Included in the permit evaluation are a Best Available Control Technology (BACT) review; an air quality analysis; additional environmental impact reviews; and extensive public involvement including EPA and the Federal Land Managers (FLMs).
Nonattainment Permits
Nonattainment permitting applies to new major sources or major modifications at existing major sources in locations designated Nonattainment for one or more pollutants. There are four categories of nonattainment, and the major stationary source emissions threshold for an area is determined by the nonattainment category as listed below:
- Severe 25 tons/year
- Serious 50 tons/year
- Moderate 100 tons/year
- Marginal 100 tons/year
If a facility wishes to locate in a nonattainment area, the regulations require that the facility to install air pollution control equipment that has the "lowest achievable emission rate" or LAER for the pollutant for which the area is nonattainment. Facilities locating in any nonattainment designated area must also obtain "offsets," which are reductions of the nonattaining pollutant, in a ratio equal to or greater than 1:1 depending on the nonattainment classification.
The Northern Virginia area has several counties that are considered nonattainment areas for ozone. Ozone is a pollutant that is formed when emissions of nitrogen dioxide or NOx and Volatile Organic Compounds (VOCs) react in the air. When an area is designated as Nonattainment for ozone then it is also designated as nonattainment for NOx and VOC.
Minor NSR Permits
If a facility does not require major NSR permitting, then a minor NSR permit may be needed. The minor NSR permit program applies to the construction, reconstruction, relocation, or modification of any stationary source that will emit regulated air pollutants above minimum exemption levels. If a permit is required, it must be obtained before any activity on the project can begin.
Minor NSR permits are can also be used to limit the emissions of a facility below major stationary source thresholds.
These permits artificially limit the potential to emit of regulated air pollutants of the source with practical and federally enforceable permit conditions. These types of facilities are called "synthetic minors" because they have the potential to be a major source, but with permit limits they are minor sources.
Title V Federal Operating Permits
Each source with the potential to emit more than 100 tons per year of any criteria pollutant or 10 tons per year of a single hazardous air pollutant or 25 tons per year of all hazardous air pollutants must obtain a Title V or Part 70 operating permit. The requirement to get a Title V permit comes from Title V of the Clean Air Act.
Title V permits incorporate all of the applicable requirements that apply to the source and all emissions units into one document, including major and minor NSR permit requirements, source category specific standards, and federal rules such as NSPS, NESHAP, and MACT. Having all of the source’s requirements in one document clarifies for the source, regulators, and the public the federal and state requirements the source is legally obligated to meet. Also included in the Title V permit are monitoring, testing, and recordkeeping requirements to assure that the source complies with emission standards and other permit requirements. The Title V program also requires sources to regularly report emissions and controls information as well as to certify whether or not they met all conditions of the Title V operating permit for the previous 12-month period.
Some emissions units are deemed as insignificant emissions units. In order for an emissions unit or activity to be considered insignificant, then it must be classified as an activity listed in 9 VAC 5-80-720 A, 9 VAC 5-80-720 B, or 9 VAC 5-80-720 C. Insignificant emissions unit regulations apply only to the Title V program and not to either major or minor NSR permit programs.
Before a Title V permit is issued there is a large amount public participation that includes review by EPA and notification to the adjacent affected states. There is a 30-day public comment period for each Title V permit that is issued or that undergoes a significant modification or renewal.
Facilities subject to the Title V program are required to pay Title V permit emission fees each year. The facility submits emissions information in the spring of each year for the preceding calendar year. The emissions data is used to calculate emissions on a dollar per ton basis.
Title V permits expire 5 years from their issuance date and must be renewed as long as the facility is in operation. During the renewal process, the Department reviews the state and federal regulations for any new applicable requirements to which the facility may be subject.
Title IV Acid Rain Permits
The goal of Title IV of the Clean Air Act was to reduce emissions of SO2 and NOx emissions from fossil fuel fired power plants. The program makes it possible for anyone to buy, sell, or bank emission allowances. EPA administers the trading program. Regardless of the number of allowances a source holds, it may not emit at levels that would violate federal or state limits set under Title I of the Clean Air Act to protect public health. The acid rain permit requirements are included with the Title V permit in one operating permit document