WEF Fact Sheet Summarizes Air Quality Permit Pitfalls, Resources

By Myron Bachman

Air permitting is a challenging part of installing a combined heat and power (CHP) system. A new fact sheet, Air Quality Permitting, outlines the requirements and processes that utility managers will likely encounter in the air permitting process as well as available resources.

The fact sheet, which can be viewed at http://www.wrrfdata.org/AirPermittingFS/WEF-AirPermittingFactSheet2015.html, was produced by the Bioenergy Technology Subcommittee CHP Task Force of the Water Environment Federation Residuals and Biosolids Committee.

Challenges of differing requirements, terms

One of the reasons that air permitting is a challenge is that there is little consistency in how to accomplish it or what will be required. In addition, the Federal Clean Air Act is one of the most complicated components of the Code of Federal Regulations. Each state is allowed discretion for air quality in its jurisdiction, as long as its regulations are as stringent as the federal ones.

Some states have promulgated regulations that are substantially more stringent than the federal standards. Also, some states have not only passed such stringent state programs, but have also divided themselves into subdivisions, each with different requirements.  An example of this is California, which is divided into 35 air districts, each of which has its own regulations. Such requirements are different enough from each other that they are often unrecognizable as having come from the same state.

In addition, terminology can vary among agencies. To some, the initial permit is a “Permit to Construct,” for others an “Authority to Construct,” and for others, it’s an “Approval Order.”  Some agencies use the term “volatile organic compounds” (VOCs) to describe the organic gases that act as precursors to ozone formation in the atmosphere, while other agencies call them “nonmethane hydrocarbons” (NMHCs), and still others, “precursor organic compounds” (POCs). 

Innumerable examples of terminology confusion exist. The fact sheet uses terms that are most commonly encountered across the country.

Fulfilling requirements

Air quality requirements can be divided into three categories: Administrative, Performance Standards, and Permitting.  Each is independently applicable, and an exemption from one is not necessarily an exemption from all. 

At a high level, the process of acquiring an air permit is nearly the same in all jurisdictions.  Generally, after a permit application is prepared and submitted, it is reviewed by the permitting agency, and in some cases, it requires review by the public. The permit is either granted or denied. In many jurisdictions, a temporary permit is granted that authorizes construction. After construction is complete and the facility is assured to function as permitted, a final permit is issued. 

Involve regulators early in the process

An important consideration when beginning the permitting process is a permitting strategy. This strategy should consider all aspects of the permitting process and is described in Air Quality Permitting.  One of the most important elements, however, is agency interaction.  The ultimate goals of agency interaction are to make the permitting process move as smoothly as possible and to minimize the number of requirements imposed on the permit.  It is important to consider what opportunities are available for agency interaction, the specific goals of each interaction, and how to approach the agency, both generally and specifically at each interaction. 

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Myron Bachman is a plant superintendent at the North Davis Sewer District in Syracuse, Utah. He can be reached at MyronBachman@NDSD.org