PLANNING FOR NEW PROCESSES: ENVIRONMENTAL ASPECTS 993
developed from a monitoring program or from representative
data as available.
New Source Performance Standards (NSPS) The proposed
air quality control system (AQCS) for the facility must be
designed to comply with existing NSPS for the coal prepara-
tion facilities (e.g., particulates), the gas turbine component
(e.g., NO x ) and the auxiliary boiler (e.g., SO 2 ) of the plant.
Since NSPS do not exist for the coal gasification compo-
nent, appropriate AQCS Best Available Control Technology
(BACT) evaluations will be performed to select the con-
trol system. In addition the AQCS design will have to be
reviewed with the EPA for approval to construct.
Prevention of Significant Deterioration (PSD) No con-
struction can commence until the PSD permit has been
obtained. The report and application for the permit would have
to consider the following: the emissions from the total facility;
a BACT review for any regulated pollutant (NAAQS, allow-
able increments, NESHAP), which the plant emties above
“de minimis” values, an air quality review for all pollutants
emitted, after controls are applied, over the “de minimis” emis-
sion rates unless it were demonstrated that the air impacts of
those emissions would not exceed the air quality impact “de
minimis” values. As part of these demonstrations ambient air
quality monitoring would have to be conducted for the same
pollutants for which BACT demonstrations would be required
unless representative monitoring data are available.
National Emission Standards for Hazardous Air Pollutants
(NESHAP) The discharge to the atmosphere of pollutants
regulated under NESHAP is not anticipated for this type of
facility. However, tracking of EPA’s continued development of
NESHAP should be carried out to ensure compliance with the
regulations as they develop.
New stationary sources and modifications to major sta-
tionary sources are required by the Clean Air Act to obtain
permits prior to construction of a new process facility. The
stringency of permit requirements depends on the regional
status of its compliance with ambient standards for particu-
lar pollutants. For example, in zones having acceptable air
quality referred to as “attainment areas” for a specific pollut-
ant, the permits are of the prevention of significant deterio-
ration (PFD) type. The code of federal regulations, US EPA
Title 40 CFR, 51.166, specifies the set of minimum PSD air
quality permit requirements to warrant approval by the US
EPA. The primary objective of PSD is to insure new major
sources and modifications of existing sources comply with
NAAQS. Specific public notice requirements and subse-
quent hearings allow for public comment to be part of the
PSD review process. On the other hand, in a non-attainment
area, NAA permits are required. NAA permits address area
improvement of pollutant levels and falls under the state’s
supervision, through a State Implementation Plan (SIP)
enforced by the US EPA and DOJ. Either type of permit is
subject to New Source Review (NSR). The physical change
triggering regulation of pollutants is usually 100 or 250 tons
per year, depending on the industrial source category. As of
early 2005 the definition of major modification for coal fired
power plants has come under dispute in the courts (see the
discussion at the end of this article for further information).State RequirementsThe state may have air quality related requirements which
will affect the proposed project.
State requirements may include a permit to construct a
facility if the construction of operation of the facility will
release air contaminants into the atmosphere. The appli-
cant must submit a completed application for Approval of
Emissions and an Emission Inventory Questionnaire (along
with a copy of the PSD Application) which show compli-
ance with state air quality standards, toxic substance limita-
tions and emission control requirements.WATER QUALITY RELATED REGULATORY
REQUIREMENTSFederal RequirementsAt the Federal level, the major laws affecting the discharge
of liquid effluents from the proposed facility are as follows:
Clean Water Act (CWA) Under the CWA, the proposed
project will require a National Pollutant Discharge Elimination
System (NPDES) permit before commencing construction and
operation. The application to the EPA for these permits would
be based on the conceptual design of the wastewater control
systems which could ensure compliance with effluent limita-
tions and water quality standards. Where effluent limitations
are not specified for discharges from certain facilities, limi-
tations on discharges from similar operations would be used
as a guideline for design of the wastewater control systems.
These designs would be used to support the application for an
NPDES permit. The NPDES permit and the work effort neces-
sary for its preparation will also address the discharge of toxic
pollutants listed on the Section 307(a) toxic pollutants list and
any other toxics discharged from the plant.
A section 404 permit is required by the Corps of
Engineers for the discharge of dredge or fill material in the
navigable waters of the United States. This permit is required
for the river structures associated with the facility and would
be prepared and obtained concurrently with the Section 10
permit required under Rivers and Harbors Act (see discus-
sion below) and the NPDES permit.
Application for either an NPDES permit from the EPA or
a Section 404 permit from the Corps will trigger the NEPA
review process and is the basis upon which the preparation
of an environmental report (ER), in support of a Federal EIS,
is considered necessary.
Rivers and Harbors Act of 1899 (RHA) Under Section 10
of the RHA, any construction activity in a navigable waterway
requires a permit from the Corps of Engineers. This permit
will be required for the construction of the intact and discharge
structures and the barge loading/unloading facilities. It would
be submitted jointly as a common permit application with the
Section 404 Dredge and Fill Permit application.State RequirementsThe state often has water quality related regulations and
requirements which must be complied with before approvalC016_007_r03.indd 993C016_007_r03.indd 993 11/18/2005 11:01:29 AM11/18/2005 11:01:29 AM