1. THE NEW OZONE STANDARD COULD
IMPACT YOUR AIR PERMIT SUBMITTAL
Patrick Ryan (RyanPatrick@stanleygroup.com )
In 2015, the EPA lowered the ozone standard to 70 parts per
billion (ppb) averaged over 8-hours. Figure 1 shows the 241
counties in 33 states that do not meet the 2015 ozone standard
based on 2012-2014 data. This map does not show
nonattainment (NA) areas – as that determination has not been
made. For comparison, 45 areas in 25 states and the District of
Columbia do not meet the 2008 ozone NAAQS (see Figure 2).
Figure 1. 241 counties in the U.S. do not currently meet the new
8-hour ozone standard of 70 ppb.
The EPA will designate ozone (70 ppb) NA areas in late 2017,
likely using data from 2014-2016. NA areas may include entire
counties, or partial counties. Federal rules like the Cross-State
Air Pollution Rule, the Tier 3 Vehicle Emissions and Fuels
Standards, and the Clean Power Plan are designed to reduce
ozone-forming pollution in the years ahead.
Based on the 2015 ozone NAAQS “compliance” map (Figure 1)
compared with the 2008 ozone NA area map (see Figure 2),
new ozone NA areas appear likely in twenty-four (24) states:
Alabama, Arizona, Arkansas, Colorado, Illinois, Indiana, Kansas,
Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri,
Nevada, North Carolina, New Mexico, Ohio, Oklahoma,
Pennsylvania, South Carolina, Tennessee, Texas, Utah, and
Wisconsin.
Facilities planning on project improvements in these areas of
these states would be advised to get their air permits in now or
potentially be saddled with NA NSR requirements. One
complication of the NA status is that some facilities that are now
a minor source will become a major source. For marginal and
moderate ozone nonattainment areas, the major source NA
threshold is 100 tpy for VOC and 100 tpy of NOx. The VOC and
NOx NA major source thresholds that apply vary with the EPA
designated severity of ozone noncompliance.
New major sources and major modification permits in a NA
area will need to comply with the part D nonattainment NSR
permit requirements of 40 CFR 52.24(k). There is no grace
period.
Figure 2. Map showing the current ozone nonattainment areas
tied to the 2008 ozone NAAQS.
If you plan on submitting a permit application based on the
facility currently existing in an attainment area, it would be wise
to investigate the likelihood of soon being in a future
nonattainment area and a possible change to major source
status. Where applicable Lowest Achievable Emissions Rates
(LAER) and not BACT limits apply.
If your permit isn’t issued before the EPA ozone nonattainment
designation date, and your area becomes nonattainment, it will
cost you time and money to go back and have your permit
application reworked to address the part D nonattainment NSR
requirements, e.g. check if your facility has a change to major
source status, evaluate whether your change is subject to LAER
and whether emission offsets are required. Check with your
consultant or your State air quality department to see if you
could be affected. It is best to plan ahead for this potential
complication.