TheGlobe.com Inc (TGLO)

[JAB65]

No need to use the stick this time! I was "respectful" with Jeff and asked him this morning to explain the process that EPA goes through when issuing permits.
Following is his response from this afternoon. You can see Delfin references throughout. I will follow this post with another when I asked more specifically where things stood with Delfin.

Here is some background on air permit applications.
1. In this case, Delfin has applied for a Prevention of Significant Deterioration (PSD) permit (basically a permit that approves construction of the facility), and a title V operating permit.

2. Upon receipt of air permit applications, EPA will do a completeness review of the application for both administrative and technical completeness. Technical completeness in this case includes the source’s analysis and proposal of “best available control technology” or BACT for the emission sources and associated pollution controls. This is the most typical area where air permit applications lack sufficient detail.

3. Also, when EPA proposes an air permit it must include an air quality impact analysis based on the source’s “potential to emit” various ambient air quality pollutants such as particulate matter (PM10 and PM2.5), Volatile Organic Compounds (VOCs), nitrogen oxides (NOx), sulfur dioxide (SO2), etc. Typically, the applicant will submit air quality modeling for large projects of this nature to show whether the project will or will not have impacts on air quality such as ozone formation impacts, PM impacts, etc.

4. The applicant will also outline what National Emission Standards for Hazardous Air Pollutants (NESHAPs) and New Source Performance Standards (NSPS) they’re subject to.

5. One point to keep in mind is that EPA may declare an application complete or incomplete, and in many cases the applicant will request time to respond to an EPA incompleteness letter or letter that requests clarifying information. Many companies work their applications through contractors they’ve retained for putting together the application. Also, I’ve seen companies change contractors during the process which is sometime like starting over, or a company may even modify or change their design which can change the permit application to varying degrees. In my years at EPA, I’ve seen companies take 2-3 weeks to respond to an incompleteness letter to well over a year to respond. This impacts our timing depending upon what the issues are that are being worked. Right now we are waiting on some supplemental information from Delfin and our staff is working with their contractor to clarify any information we believe we need.

6. Typically, once EPA has the technical information it needs to develop the permit and permit record, we start drafting the permit and supporting record (sometime we start even before we have a complete application). The key for a permit like this is being able to determine best available control technology for the project. We typically try to public notice the PSD and title V operating permits simultaneously or may merge them.

7. Once we have a draft permit developed, we will share the draft with the company to ensure it aligns with their design. This stage can lead to additional discussion with the company on pollution controls and potential emission limits being written into the permit including how performance testing will be conducted to ensure the company can meet the permit’s limits.

8. Once we have the draft permit developed we will typically propose the draft permit electronically via EPA’s website for a minimum of 30 days for public comment. The public can also request a public hearing. Public hearings are most often conducted virtually via Zoom.Gov platform.

9. Once the public comment period has closed, EPA must respond to all public comments received in writing and during any public hearing. We develop a response to comments document that is typically issued as part of a final air permit decision. We also determine during this time whether the permit needs to be changed based on public comments. This process can take several months depending upon the technical nature of the comments.

10. Once we issue a final PSD and/or title V operating permit the company and/or individuals who commented on the permit can potentially challenge the final permits the appropriate hearing/court venue.

My current suggestion is that you periodically contact me for an update on Delfin’s permit development. I’m usually pretty open about where we are in the process of developing an air permit.
Jeff Robinson
Branch Manager
EPA Region 6 – Air Permits, Air Monitoring & Grants Branch
214-665-6435