Proposed Regulation Amendment to NAC 445B Air Controls Lisa Kremer, - PowerPoint PPT Presentation

Proposed Regulation Amendment to NAC 445B – Air Controls Lisa Kremer, P.E., Bureau Chief Danilo Dragoni, PhD, Bureau Chief Division of Environmental Protection – Air Program August 6, 2019 WEBINAR ndep.nv.gov

Information About the Webinar • All participants’ microphones will be muted. Greg Lovato Administrator • Questions can be sent to aircomments@ndep.nv.gov at Jennifer Carr any time. We may answer them during the Q/A session Deputy Administrator at the end of the webinar or follow-up following the Jeffrey Kinder webinar. Deputy Administrator Rick Perdomo • Comments and suggestions are welcome and can be Deputy Administrator sent to aircomments@ndep.nv.gov. • The presentation will be posted on-line. • https://ndep.nv.gov/air/air-fee-schedule Bradley Crowell Director • Listserv – airinfo_notices@listserv.state.nv.us 2

Presentation Outline Proposed • Objective of Today’s Presentation Regulation • Why a Fee Amendment Now? Amendment to NAC 445B • What Does My Application Fee Pay For? – Air Controls • What Does My Maintenance Fee Pay For? August 6, • Key Components of Proposed Fee Amendment 2019 • Proposed Non-Refundable Application Fee • Fee Amendment: Changes for All Stationary Sources • Fee Amendment: Class I Stationary Sources • Fee Amendment: Class II Stationary Sources Bradley Crowell Director 3

Presentation Outline (continued) Proposed • Fee Amendment: Class II General Permits (Stationary Regulation Amendment and Temporary/COLA Operations) to NAC 445B • Fee Amendment: Surface Area Disturbance Permits – Air Controls • Air Program Budget Comparison with Other Western August 6, 2019 States • Air Program Improvements / Efficiencies Implemented • Fee Amendment: Regulatory Process Timeline • Questions Bradley Crowell Director 4

Objective of Today’s Presentation • Air Program Proposal to Amend Nevada Proposed Regulation Administrative Code (NAC) Amendment to NAC 445B • NAC 445B.327 Fees; late penalty – Air Controls August 6, • Authority in Nevada Revised Statutes (NRS) 2019 445B.300(2)(a) • The State Environmental Commission shall by regulation provide for “The issuance, renewal, modification, revocation and suspension of operating permits, and charge appropriate fees for their issuance in an amount sufficient to pay the expenses of administering NRS 445B.100 to Bradley Crowell 445B.640, inclusive, and any regulations adopted pursuant Director to those sections .” 5

Why a Fee Amendment Now? Proposed • Last Significant Fee Amendment in 2006 Regulation Amendment to NAC 445B • Declining Budget Reserves – Air Controls • Increasing personnel-related costs August 6, • Keeping vacant positions to a minimum to meet workload 2019 • Declining revenue • Lower emissions = lower emission/maintenance fees • Closing of power plants • Delegated Title V Program must be self-sufficient Bradley Crowell Director • Maintain Appropriate Level of Budget Reserves 6

What Does My Application Fee Pay For? ADMINISTRATIVE NAAQS/ EMISSIONS INVENTORY COMPLETENESS INCREMENT PROCESSING Proposed CHECK MODELING Regulation Amendment • • • Emissions Calculations and Protocol Reviews Accept or Reject Application to NAC 445B • Data Verification MET Data Processing – Air Controls • • Federal Applicability NAAQS Air Dispersion Evaluation Modeling /Increment Tracking August 6, 2019 DRAFT OPERATING 30-DAY PUBLIC TECHNICAL REVIEW PERMIT COMMENT PERIOD PROCESSING • • • Prepare Director’s Review Prepare Technical Review Prepare Draft Operating • Prepare Notice of Proposed Permit • Action Compliance, and Supervisor • Publication to Website Review Bradley Crowell Director PUBLIC PERMIT 45-DAY EPA REVIEW HEARING ISSUANCE (optional) • • Draft EPA Letter Prepare Public Hearing • Sign Final Draft of Permit • Upload documents to EPS Notice • System Response to Comments 7

What Does My Maintenance Fee Pay For? Proposed • Administrative Services Regulation • Compliance Activities Amendment to NAC 445B • Source Tests (observation and review) – Air Controls • Inspections August 6, • Records Review 2019 • Notifications Review • Complaint Investigation and Follow-Up • Compliance Orders • Planning and Rule Development • Data Information Services Bradley Crowell • Ambient Air Monitoring Director • Small Business Outreach Program 8

Key Components of Proposed Fee Amendment Proposed • Elimination of Annual Maintenance Emissions Fees Regulation • Application fees based on number of Emission Units Amendment to NAC 445B and Insignificant Activities – Air Controls • New “Administrative Renewal” in addition to regular August 6, 2019 Permit Renewal • New Administrative Completeness Review Fee • Class II Annual Maintenance Fee = PTE + SAD Acreage + Number of Permitted Emission Units • 3-Year Phase-In Approach for Increase to Annual Maintenance Fees for Minor Sources Over Certain Bradley Crowell Director Threshold 9

Proposed Non-Refundable Application Fee Proposed Regulation Amendment to NAC 445B – Air Controls August 6, 2019 Bradley Crowell Director 10

Fee Amendment: Changes for All Stationary Sources Miscellaneous Fees for All Sources Current Fee Proposed Fee Proposed Regulation Insignificant Activity Determination $0 $1,000 Amendment to NAC 445B Applicability Determination $0 $1,000 – Air Controls Confidentiality Request $0 $1,000 August 6, 2019 Incomplete Application Fee $0 %10 of application fee Administrative Amendment $200 $1,000 Permit Replacement $200 $ 0 Change of Location (per Emission Unit) $100 $200 Class I Notification Of Authorized Change $0 $1,000 Bradley Crowell Director 11

Fee Amendment: Class I Stationary Sources Proposed • Application Fees: Regulation • Significant increase for new PSD and Major Modifications to Amendment to NAC 445B PSD permits – Air Controls • Non-PSD fees are based on number of emission units August 6, • Large increase in Title V and OPTC New/Revision, depending 2019 on number of emission units • Large increase for regular Renewals, depending on number of emission units • Small increase in OPTCs versus new Title V permit, as regulatory processing time is twice as fast for OPTCs • Small increase in Administrative Revision • No increase for OPTC rollovers to a Title V Bradley Crowell Director • Removed a modification to OPTC, and converting an OPTC to a Title V in phases • New “Administrative Renewals” with a smaller fee 12

Fee Amendment: Class I Stationary Sources (continued) Proposed Regulation Class I OPTC Amendment to NAC 445B # Emission Units + Insignificant Activities New Revision Rollover – Air Controls Current Fee $20,000 $5,000 $5,000 August 6, <=10 $40,000 $10,000 2019 11-20 $45,000 $15,000 21-50 $50,000 $20,000 $5,000 51-100 $55,000 $25,000 >100 $60,000 $30,000 Bradley Crowell Director 13

Fee Amendment: Class I Stationary Sources (continued) Proposed Class I Title V Regulation Amendment # Emission Units + Minor Significant Admin Admin to NAC 445B Insignificant New Renewal Revision Revision Renewal Revision – Air Controls Activities Current Fee $30,000 $5,000 $20,000 $5,000 N/A $500 August 6, 2019 <=10 $35,000 $10,000 $30,000 11-20 $40,000 $15,000 $35,000 21-50 $45,000 $20,000 $35,000 $40,000 $5,000 $1,000 51-100 $50,000 $25,000 $45,000 Bradley Crowell >100 $55,000 $30,000 $50,000 Director 14

Fee Amendment: Class I Stationary Sources (continued) Proposed Regulation Class I PSD Current Fee Proposed Fee Amendment New Operating Permit $50,000 $80,000 to NAC 445B Major Modification $50,000 $80,000 – Air Controls New OPTC $50,000 $80,000 August 6, OPTC Rollover $5,000 $20,000 2019 OPTC Revision $5,000 $20,000 Bradley Crowell Director 15

Fee Amendment: Class I Stationary Sources (continued) Proposed • Annual Maintenance Fees: Regulation • Elimination of annual emission fees Amendment to NAC 445B • Increase in annual maintenance fees – Air Controls August 6, 2019 Class 1 Facilities Current Fee Proposed Fee Major Stationary Source with one $25,000 - $30,000 $60,000 or more Class I OP/OPTC Major Source or Class II Source $20,000 $40,000 with one or more Class I OP/OPTC Bradley Crowell Director Major Source or Class II Source with one or more Class I OP/OPTC $15,000 $25,000 for a Municipal Solid Waste Landfill 16

Fee Amendment: Class II Stationary Sources Proposed • Application Fees: Regulation • Significant increase in New/Revision/Renewals based on Amendment to NAC 445B number of emission units – Air Controls • New “Administrative Renewals” with a much smaller fee August 6, ($2,000) 2019 Bradley Crowell Director 17

Fee Amendment: Class II Stationary Sources (continued) Proposed Class II Stationary Regulation Amendment # Emission Units + Insignificant Activities New Revision Renewal Admin. Renewal to NAC 445B Current Fee $3,000 $2,000 $2,000 N/A – Air Controls <=10 $5,000 $2,500 $2,500 August 6, 2019 11-20 $10,000 $5,000 $5,000 21-50 $15,000 $7,500 $7,500 $2,000 51-100 $20,000 $10,000 $10,000 >100 $30,000 $15,000 $15,000 Bradley Crowell Director 18