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Request to Permit Applicants: EPA Region 6 has very limited storage space for hardcopies of permitting related documents in our office. Therefore, we request that permit applicants submitting copies of permit applications, permit addenda, and permit related air quality modeling data to EPA do so in a searchable Portable Document Format or Microsoft Word on a compact disk (CD). If the permit applicant is responsible for publishing public notices in the State where they are requesting a permit, we request that the applicant transmit copies of those public notices via e-mail to the respective EPA Region 6 permit contact There are three Federal programs mandated by the Clean Air Act and the 1990 Clean Air Act Amendments impact Air Permits for facilities that are defined as stationary sources. The regulations for these programs can be found in the 40 Code of Federal Regulations (CFR): New Source Review (40 CFR part 51), Operating Permits (40 CFR part 70), and Air Toxics (40 CFR part 63).
NEW SOURCE REVIEWNew Source Review (NSR) provides a State permit for air emission units prior to construction or modification. This program is the oldest of the three and is based on the provisions of the Clean Air Act to protect air quality using the National Ambient Air Quality Standards (NAAQS). All sources, both major and minor, are subject to NSR unless the emissions are below the regulatory threshold as specified by the State permitting authority. The regulatory thresholds are specified for six criteria pollutants defined in the Act. These pollutants are: Nitrogen Oxide compounds (NOx), Sulphur Dioxide (SO2), Carbon Monoxide (CO), Volatile Organic compounds (VOC), Particulate Material (PM-10), and Lead (Pb). As the NSR program is implemented under State/Local regulations, please refer to the State contact for specific questions. Economic Development Zone (EDZ) - Section 173(a)(1)(B) of the Clean Air Act allows the Administrator to identify, in consultation with the Secretary of Housing and Urban Development, zones within non-attainment areas that should be targeted for economic development. EPA approved a request from Arkansas to identify Crittenden County, Arkansas as an EDZ on February 14, 2006. Below is a copy of the approval letter and supporting documents for Crittenden County's EDZ identification:
ADEQ Ozone Modeling for the Crittenden County Economic Development Zone [766kb pdf]
STATE CONTACT:
AR - Rhonda Bowler (501)682-0765 or e-mail address:
Bowler@adeq.state.ar.us
Deep Water PortsTitle I Preconstruction Permits/Title V Operating Permits
Port Pelican (Draft Permit)
El Paso Energy Bridge (Original Final Permit Issued on 6/29/04 and Effective on 7/29/04) Gulf Gateway Energy Bridge LLC (Final Permit Issued June 10, 2008) Main Pass Energy Hub ( Permit Application)
Pearl Crossing ( Permit Application) OPERATING PERMITS (Title V)Operating Permits (Title V) provides a State permit for facility operation. This program was introduced in the Clean Air Act as amended in 1990 and currently applies to major sources only. The Title V permit contains all air requirements including those conditions required under the NSR program and the Toxics program in a single document. Because the Title V permit contains all applicable requirements for a facility, the document also contains applicable provisions found under the New Source Performance Standards (NSPS) and the National Emission Standards for Hazardous Air Pollutants (NESHAP). A Title V permit may also contain state only requirements specified by state/local regulations. As the operating permits program is implemented under state/local regulations, please refer to your State program for specific questions.
Operating Permit Timeline
Arkansas Louisiana New Mexico Oklahoma Texas STATE CONTACT:
AR - Rhonda Bowler (501)682-0765 or e-mail address: Bowler@adeq.state.ar.us
Title V Permit Issuance Status: United States
EPA Contact
Jeff Robinson (6PD-R)
HAZARDOUS AIR POLLUTANTS (SECTION 112)Air Toxics (Title III) specifies requirements found in NSR permits and operating permits regarding Hazardous Air Pollutants (HAP). The HAP are 189 chemicals listed in the Clean Air Act as amended in 1990 at section 112(b). The regulations are found at 40 CFR 63 and address emissions on an industry specific basis. The standards listed at part 63 are called Maximum Achievable Control Technology (MACT) standards. These standards are adopted by the State/Local program in a similar fashion as the NSPS. Specific questions may be answered in the standards listed at part 63 or through your state air permitting program.
EPA CONTACT:Jeff Robinson (6PD-R) U.S. Environmental Protection Agency 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 Phone (214) 665-6435 FAX (214) 665-7263 email:robinson.jeffrey@epa.gov
REGULATION DEVELOPMENTRegulation development includes the development and adoption of air permitting rules and regulations by the State and local air pollution control agencies to implement the NSR, title V, and air toxic permitting requirements. The state and local air pollution control agencies adopt these rules and regulations after holding public hearings and coordinating with the EPA Air Permitting Section to ensure that these rules meet applicable requirements in the Clean Air Act. Air Permitting reviews and comments on proposed permit regulations and either approves or disapproves final permit rules that the State adopts and submits to EPA. Air Permits also reviews and comments to headquarters on draft federal regulations pertaining to air permitting.
EPA CONTACT:
Stanley M. Spruiell - E-Mail: STATE CONTACT:
AR - Rhonda Bowler (501) 682-0765 or e-mail address:
Bowler@adeq.state.ar.us
TITLE V IMPLEMENTATION IN INDIAN COUNTRYTitle V permits contain only existing federal and Tribal air quality requirements. Currently only the federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and Prevention of Significant Deterioration requirements apply to Title V sources in Indian Country. EPA plans to issue a rule which will establish the basic regulatory requirements. This rulemaking is called a federal implementation plan or "FIP". The Tribe may request that EPA include (or omit) various provisions in this FIP or include requirements that differ from existing state law. The Tribe may request that EPA not issue a FIP. The Tribe may write its own rules for EPA approval under the Tribal Authority Rules in addition to or in lieu of a FIP. EPA or the Tribe would then incorporate these requirements into the Title V permit.
Part 70 Air Operating PermitsTribes may develop their own Title V air operating permit program and seek EPA approval of such program at any time now that the Tribal Authority Rule is finalized. Tribes may develop a Title V air operating permit program that includes a cooperative agreement with the State or Local air permitting authority.
If you have any further questions or would like to discuss any of these issues, please call Jeff Robinson at (214) 665-6435. LINKS TO STATE AGENCY ADDRESS
1. Arkansas: http://www.adeq.state.ar.us/
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