CEMP-ET
EI 11C302
1 October 1997
APPENDIX C
REGULATIONS AND PERMITTING
C-1. AIR QUALITY. Air pollutant emissions from new combustion sources, including power
generation facilities and incinerator plants, are regulated by emission limits established by both
the USEPA and its equivalent in the state where the plant is to be built. Applicable federal
regulations include New Source Performance Standards (NSPS), National Emission Standards
for Hazardous Air Pollutants (NESHAPS), and New Source Review requirements (NSR).
Regulations vary greatly on a state-by-state basis. The state regulatory agency will usually
have been delegated authority by the USEPA to review applications, perform New Source
Review, and issue Prevention of Significant Deterioration (PSD) permits. Preparation of the
application and supporting documents ordinarily takes 2 to 3 months, and review and approval
(including public comment) may take as long as 12 months.
C-2. NEW SOURCE REVIEW. NSR procedures established pursuant to the Clean Air Act are
intended to maintain clean air and yet allow for reasonable industrial growth. Under the
provisions of NSR, any facility, regardless of size, that requires a federal or state air quality
permit must demonstrate through mathematical modeling, that its emissions will not cause a
violation of the National Ambient Air Quality Standards (NAAQS). As part of the NSR process,
compliance with PSD regulations will also be required. Federal and state air pollution control
and NSR focus on NAAQS for six major pollutants established under the Clean Air Act and its
carbon monoxide (CO), ozone (O 3), and lead (Pb).
C-3. PREVENTION OF SIGNIFICANT DETERIORATION. Major new sources of air pollution
require additional NSR requirements for emission control and impact assessment under PSD
regulations. A source of air pollution is considered to be "major" and subject to PSD
regulations if the source will emit more than 100 tons per year of any regulated pollutant and is
a fossil-fuel-fired steam electric plant (including combined-cycle auxiliary boilers) with more
than 250 MBtu/hr of heat input, or a waste-to-energy plant capable of disposing of more than
250 tons per day of refuse. Any type of source can also be considered major if the emission of
any regulated pollutant exceeds 250 tons/year. PSD regulations apply when a source is found
to be major for one regulated pollutant. PSD also applies to each additional regulated
pollutant which exceeds specified significant emission rate increments. Each pollutant for
which PSD regulations apply requires a PSD permit and a Best Available Control Technology
(BACT) demonstration.
C-4. BEST AVAILABLE CONTROL TECHNOLOGY. BACT is specific to each pollutant and is
determined for each project on a case-by-case basis, considering recent industry practice,
engineering reliability, economic impact, and environmental benefits or penalties of the control
technology. BACT for fossil-fuel-fired plants may include lime injection or scrubbing for SO 2
high-efficiency particulate control (electrostatic precipitator or fabric filters), and Selective
Catalytic Reduction (SCR) technology for NO x , and possible catalytic control for CO. BACT
for waste-to-energy facilities may necessitate acid gas control for SO2 hydrochloric acid (HC1),
high-efficiency particulate control (electrostatic precipitator or fabric filters), and SCR for NOx
control. PSD permits require a refined modeling analysis of air quality impacts.
C-1
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