Workshop F Air Permitting … How to Determine Whether a Modification Is Triggered Under PTI/PTIO, Title V, PSD, NSPS and/or MACT Rules and Regulations? Wednesday, July 19, 2017 2:45 p.m. to 4:15 p.m. Biographical Information Ron Hansen, Owner/Principal Consultant GT Environmental, Inc., 635 Park Meadow Road, Suite 112, Westerville, OH 43081 Phone: (614) 794-3570 ext. 21 Fax: (614) 899-9255 [email protected] Ron Hansen has over twenty-five years of air permitting, regulatory and stack testing consulting experience. Ron is an owner and Principal Consultant with GT Environmental, Inc. (GT). Ron graduated from the University of Cincinnati with a B.S. in Civil Engineering. Ron is a member of the Air and Waste Management Association (AWMA). Ron has extensive experience in preparing Title V permit applications, PSD permit applications, non- attainment NSR permit applications, minor source permit applications, negotiating permit terms and conditions with state agencies, performance testing programs and assisting clients with enforcement resolution. Ron has prepared permit applications for utilities, steel mills, chemical plants, wood cabinet manufacturers, animal feed manufacturers, municipal solid waste landfills, aggregate mining and processing facilities, and bulk gasoline terminals. Ron has prepared air permit applications for clients located in Ohio, Michigan, Missouri, Kentucky, Indiana, Tennessee, West Virginia, Pennsylvania and Rhode Island. Amy C. Kesterman, Environmental Compliance Specialist III Southwest Ohio Air Quality Agency 250 William Howard Taft Road, Cincinnati, OH 45219 Phone: (513) 946-7777 Fax: (513) 946-7778 [email protected] Amy Kesterman is an Environmental Compliance Specialist III in the Permits and Enforcement Section of the Southwest Ohio Air Quality Agency (Agency), a Division of the Hamilton County Department of Environmental Services. Amy has been an Environmental Compliance Specialist with the Agency since 2006. She is responsible for on-site inspections of air pollution sources and control equipment, determining source compliance with air permits and air pollution regulations, assessing source emissions, responding to air quality complaints, and reviewing and processing permit applications for complex source installations and modifications. Amy serves as a point of contact at the Agency for assisting industry representatives with navigating Ohio EPA’s electronic tool, Air Services. She periodically serves as an air permit instructor for Cincinnati State Technical and Community College’s Environmental Engineering Technology program and as a guest lecturer for the University of Cincinnati’s Environmental Studies program. Amy was awarded a Hamilton County Employee of the Year Award in 2013 for her individual effort to go the extra mile in providing excellent service in her work. In 2014, Amy was awarded her second Hamilton County Employee of the Year Award as a member of an Agency team being recognized for their innovative team approach to processing an air permit for General Electric Aviation. Amy received a B.S. in Environmental Studies from the University of Cincinnati. Biographical Information Kevin J. Kilroy, Safety & Environmental Manager Smithers-Oasis North America, 919 Marvin Street, P.O. Box 790, Kent, OH 44240 Phone: (330) 676-4426 [email protected] Kevin Kilroy has almost forty years of experience in environmental, health and safety programs in a manufacturing setting. He works for Smithers-Oasis, a privately held company headquartered in Kent, Ohio where it has manufacturing and distribution facilities. The company manufactures and markets water-absorbing floral foams, accessories and floral mechanics to the retail floral market worldwide. They manufacture and market a complete line of post-harvest flower care products for the floral industry through its Floralife Division. They also manufacture and market products for the grower/greenhouse industry. At Smithers-Oasis, Kevin has responsibility for the safety and environmental programs of the North American and Floralife Divisions in the North America and provides consulting services to other global operations of the company, particularly on product and safety related issues. Prior to joining Smithers-Oasis, Kevin worked nineteen years for an Ohio based Fortune 500 chemical and aerospace company, mostly at a chemical manufacturing facility where he was responsible for managing the plant’s environmental program. Over the course of seventeen years at the plant, he also worked on health and safety programs. Prior to this, he worked for two years in the chemical division environmental department conducting permit review and project environmental impact assessments. Kevin received a B.S. in both Chemical Engineering and Plastic Technology from Lowell Technological Institute and a M.S. in Environmental Studies from the University of Lowell. He is a member of the American Institute of Chemical Engineers (AICHE). He was past chairman of the Akron Section of AICHE. Eric B. Gallon, Of Counsel Porter Wright, Morris & Arthur LLP, 41 S. High Street, Columbus, OH 43215 Phone: (614) 227-2190 Fax: (614) 227-2100 [email protected] Eric Gallon’s environmental practice focuses on Clean Air Act compliance and defense. Eric defends manufacturers, utilities, and other companies in administrative and judicial enforcement proceedings; reviews draft and proposed installation and operating permits; appeals permits and other final actions of the Ohio Environmental Protection Agency to the Environmental Review Appeals Commission; analyzes and comments on proposed state and federal rulemakings; and prepares petitions for reinstatement of debarred companies. Eric also represents electric and natural gas companies in rulemaking, ratemaking, and complaint case proceedings before the Public Utilities Commission of Ohio and in appeals before the Supreme Court of Ohio. Separately, his litigation practice encompasses a variety of complex business and corporate matters, including tort class actions and antitrust matters. In addition, he regularly lectures on the application of the attorney-client privilege and work-product doctrines under Ohio and federal law. Eric earned his B.A. in Political Science from The Ohio State University and his J.D. from the University of Chicago Law School. He has been recognized by Ohio Super Lawyers – Rising Stars Edition five times (in 2010, 2011, 2013-2015). Southwest Ohio Air Quality Agency Cincinnati, Ohio What is a Title V Operating Permit? Federal major source permitting program established by the Clean Air Act. Umbrella permit that includes all emissions units at a facility. Operating permit with a 5‐year renewal cycle. How to incorporate changes into the Title V Operating Permit There are six methods for addressing changes Operational Flexibility Off‐Permit Change Administrative Permit Amendment Minor Permit Modification Significant Permit Modification Reopening for Cause Guidance for Incorporating Facility Changes into a Title V Permit –Ohio EPA Engineering Guide #63 Engineering Guide #63 epa.ohio.gov/dapc/engineer/eguides.aspx Engineering Guide #63 epa.ohio.gov/portals/27/title_v/Visio‐DecisionTreeA2004.pdf Engineering Guide #63 epa.ohio.gov/portals/27/title_v/Visio‐DecisionTreeB2004.pdf Engineering Guide #63 epa.ohio.gov/portals/27/title_v/Visio‐DecisionTreeC2004.pdf Operational Flexibility When a change is counter to a permit term or condition, but does not require a permit revision or affect the monitoring, record keeping, reporting, or emission limitations. For example, the Title V permit indicates a specific brand of coating be used. Operational Flexibility can be used to change brands, as long as the new brand complies with any emission limitations. Notification of the change must be received 7 days prior to the proposed change. Notification should be made in the form of a certified letter. Off‐Permit Change When a facility makes a change that is not specifically addressed or prohibited by the Title V permit. Used to incorporate the terms and conditions of a new PTI, a PTI exempt source without applicable requirements, or a de minimis source. For example, a facility plans to install a new emissions unit where the potential to emit does not violate any established emission limitation and is not a modification. Off‐Permit Change If required, a PTI must first be applied for and issued final before construction of the new unit can begin. Operation of the new unit may begin immediately, once a PTI is issued. An Off‐Permit Change request must be submitted in Air Services within the time frame specified in the PTI, but not to exceed one year. Administrative Permit Amendment Used for making small administrative changes, such as: Typographical errors to the terms and conditions. Small administrative changes – names, addresses, etc. Increases in monitoring or reporting frequency. Changes in ownership or operational control. For example, an emission limit was issued as 8 lbs/hr rather than 80 lbs/hr. Or, it is determined that monitoring should be increased from weekly to daily checks. Minor Permit Modification Used for making non‐significant changes, such as: Synthetic minor changes. Best Available Technology (BAT) changes. Changes in monitoring, record keeping, or reporting. For example, an increase in capacity, which will increase emissions, but the change does not qualify as a significant modification. A modification to the PTI must be applied for when necessary.