When is an Air Permit Consultant Essential?

New Jersey is one of the most regulated states in the county, requiring facility owners to comply with a plethora of different regulations. One of such regulations is the air quality standards promulgated by the Environmental Protection Agency and being enforced by NJDEP Division of Air Quality.

While compliance is inevitable and truly necessary, obtaining NJDEP air permits is not an easy task at all. From preparation of all data for application to preparing an equipment data sheet for on-site analysis, the process is extremely complex and time-consuming.

Although business owners can prepare their air permit application themselves, most of them simply don’t have the time to sort all things on their own. This is why in order to achieve compliance effectively and in a timely manner, many business owners in the state hire the expertise of an air permit consultant.

Most often, an air permit consultant is hired for the following reasons:

• Supplement existing staff on a very narrow issue such as air permitting.
• Provide technical or regulatory analyses necessary to obtain an air quality permit.
• Develop alternatives and make recommendations as a project is being developed.
• Complete a one-time project in a jurisdiction where the company may not have experience, but the consultant does.
• Assist with selection, purchase, installation, and start-up of pollution control equipment.
• Complete tasks such as facility audits, regulatory reporting, permit applications, analytical testing, employee training, etc.
• Expedite the permitting process.
• Negotiate permit conditions.
• Provide very specific expertise related to the development and preparation of an air quality permit.

The wide range of services they offer, along with the extremely complicated air permit rules and regulations can make it very challenging for facility owners to determine the cases where an air permit consultant must be called in.

To help out, we will discuss in this post the most crucial compliance and legal situations where the expertise of an air permit consultant is of utmost importance.

When a Title V Permit Must Be Obtained

The Title V permit is a federally enforceable operating permit program for major sources of air emissions. A business establishment is required to obtain a Title V permit if one of the following conditions apply to their facility:

• The major sources emit hazardous air pollutant (HAP) equal or above the major source threshold (MST) of 100 tons annually.
• The facility’s emissions are subject to New Source Performance Standards, NESHAPS, or chemical accident prevention provisions.
• The sources are subject to federal Acid Rain regulations.
• If the facility uses a solid waste incinerator that is subject to Section 129(e) of the Clean Air Act.
• The sources emit more than 100,000 carbon dioxide equivalent tons of greenhouse gases per year.

Compliance demonstration and certification are crucial when obtaining a Title V permit. To satisfy these criteria, it is imperative for the facility to hire an air permit consultant to ensure that the facility processes and company’s recordkeeping and reporting methodologies meet the compliance standards of the regulatory agency.

On the other hand, those that are not required to obtain a Title V operating permit may not need the expertise of an air permit consultant when getting a general permit from NJDEP. However, facilities that have processes that require monitoring and reporting, but emit below or equal the threshold set by EPA, may still need a complete comprehensive assessment done by an air permit specialist to ensure they are in compliance with the rules.

When a Facility Expansion Project is Underway

Aside from Title V permit, major sources in NJ who are about to expand or modify their facility have to assess the applicability of New Source Review (NSR) program prior to commencing the project. The NSR program ensures that any changes or modifications in the major sources have the appropriate pollution control technology and are compliant with various air quality standards.

In order to determine NSR applicability, an air permit consultant must be called to conduct an applicability assessment to identify and characterize the emissions from the new or modified equipment that comprise the regulated source/s. During the assessment process, the consultant may conduct technology evaluations, emissions testing, stack or ambient monitoring for pollutants, weather monitoring, and air quality dispersion modeling – among other initiatives.

After the analysis, the air permit consultant can then perform a thorough regulatory review to determine if the facility will be required to comply with the Prevention of Significant Deterioration  rules (PSD) or non-attainment NSR rules (NNSR).

Finally, with the help of an air permit consultant, NJ facility owners can create a permitting strategy that will enable the project to commence at the soonest time possible.

When an Expert Witness is Needed

Air permit consultants in NJ should also be hired when the facility is facing environmental, safety, and health issues. With their expertise and specialized knowledge in air quality monitoring, compliance, and permitting, air permit consultants can provide science-based opinions about an evidence or fact issue during trials, hearings, and tribunals.

In general, their Expert Witness services can range from layperson explanations of industry jargon through report writing, peer review, negotiation, support, and cross-examination. In the case where expert witness testimony will not be necessary, air permitting consultants can indeed provide the insight and guidance needed to ensure a fair and positive litigation outcome.

In conclusion, it is best for both major and minor facilities in the Garden State to employ an air permit consultant to ensure 100% compliance with NJDEP air quality regulations. If the facility owner is unsure of whether their operations emit enough to require a permit, then it may be time to hire an air permit consultant. NJ facilities that may already have an air permit should also bring in an expert to ensure that their permit is still accurate and up to date with the latest standards from NJDEP.

The Lockatong Engineering team is committed to providing up-to-date air permitting expertise to all businesses and facilities in New Jersey. Contact us today to learn more about our air permitting services.