1. Improving Air Pollution Control at Major Stationary Sources Through the Title V Operating Permit Renewal Process A Presentation by W. Schulte, Esq., Eastern Environmental Law Center to the New Jersey Clean Air Council April 14, 2010

2. The Problem • Currently the air operating permit renewal process does not require older major stationary sources of air pollution with outdated air pollution control technology to upgrade that technology • Older sources continue to contribute to increased asthma and cancer rates and to Non-Attainment while operating at an economic advantage • Newer Facilities must install the most up to date technology while older Facilities are allowed to continue to operate with less expensive technology

3. The Solution • 5 year periodic review by the DEP to determine what is the Best Installed Control Technology (BICT) at each category of facility for each CAA criteria pollutant • A law requiring each CAA Title V Facility to upgrade to the Best Installed Control Technology in order to renew its Title V Operating Permit • May be made self-funding by increasing the permit renewal application fee

4. The Benefits • Cleaner air for citizens to breathe • A way to work towards Attainment status for criteria pollutants • A level economic playing field • No need for extensive economic or cost studies because similar facilities are operating successfully with BICT installed

5. Case Study - Municipal Solid Waste Incinerators: The Problem • In NJ we have two Municipal Solid Waste Incinerators whose air pollution control technology is materially worse than their competitors • Presently DEP believes it does not have authority to require those Facilities to upgrade their technology

6. Background Regarding Municipal Solid Waste Incinerators • NJ has five Municipal Solid Waste Incinerators: Camden, Essex, Gloucester, Union, and Warren • Essex County Resource Recovery Facility is the largest • Processes up to 2800 tons of solid waste per day • Went on line about 20 years ago • Camden County Resource Recovery Facility is third largest • Processes up to 1050 tons of solid waste per day • Went on line about 20 years ago

7. Case Study (Continued) • Essex Facility is located in the Ironbound community of Newark, NJ • Well over half the population of the two Census tracts next to the Facility belongs to a minority group • Over 25% of the population is below the poverty level • According to the NJ Strategic Asthma Plan 2008-2013, Essex County has highest asthma rates in NJ • Camden Facility is located in Camden, NJ • The two Census tracts next to the Facility are 57.8 % and 76.3% Black or African American • 34.9% and 41.9% of families in the two Census tracts next to the Facility are below the poverty level • According to NJ Strategic Asthma Plan 2008-2013, Camden also has some of the highest asthma hospitalization rates and highest emergency room discharge rates for asthma in NJ

8. Case Study (Cont’d): Particulate Matter Contributes to Asthma • Particulate Matter smaller than 10 microns in diameter (PM10) can aggravate asthma, cause bronchitis, worsen heart disease and lead to heart attacks • Particulate Matter smaller than 2.5 microns in diameter (PM2.5) is even more harmful because it can be absorbed into lung tissue easier • Other harmful pollutants sometimes adsorb to fine particulates

10. Asthma Rates Are High Where Particulate Levels Are High

11. Case Study (Cont’d)Electrostatic Precipitators vs. Fabric Filter Baghouses • ESP’s collect particulates by drawing them to collection plates with an electric charge • Not as effective as Fabric Filter Baghouses • Prone to Malfunctions • Facilities often attribute opacity exceedances to field trips in the ESP’s • Fabric Filter Baghouses are essentially large filters that collect particulates before they are emitted • According to the DEP, fabric filter baghouses achieve half the emissions of particulates per ton of waste combusted that ESP’s do • Fabric Filter Baghouses also help control Hg emission

12. Case Study (Cont’d)Electrostatic Precipitators vs. Fabric Filter Baghouses • Of New Jersey’s five MSW Incinerators, only two still have ESP’s: Essex and Camden • At the time the Essex and Camden Facilities were built, DEP had concluded that there was no discernible difference between baghouses and ESP’s • Gloucester, Union, and Warren are all equipped with baghouses • The Company that operates the Essex Facility currently operates 41 Incinerators in the US • At least 38 of those Incinerators are equipped with fabric filter baghouses • The Company that operates the Gloucester Facility currently operates 16 Incinerators in the US • 14 of those are equipped with fabric filter baghouses • Fabric Filter Baghouses are clearly the preferred method for controlling particulate emissions and would be BICT under the proposed law

13. Title V and the Operating Permit Renewal Process • Congress amended the CAA in 1990 to add Title V • Title V requires all major stationary sources of air pollution to have a Title V Operating Permit in order to operate • Title V Permits include emissions limits and monitoring and reporting requirements necessary to assure compliance with the CAA. • EPA may authorize state agencies to serve as the Title V permitting authority – EPA granted full approval to NJ’s Title V program effective November 30, 2001 • Though Title V permits generally do not impose new air quality control measures, states are authorized under the CAA to impose requirements stricter than the Federal law. 42 U.S.C.S. § 7416.

14. Title V and the Operating Permit Renewal Process • Each Title V Permit has a fixed term not to exceed five years • Upon the expiration of each term the source must apply for a renewal • Each Permit Renewal must go through a public review and comment period • Concerned citizens, community and environmental groups, and even the Newark City Council have requested that the DEP require the Camden and Essex Facilities to upgrade to fabric filter baghouses • DEP maintains that it does not have the authority to do so even though it now acknowledges that baghouses are more effective

15. Applying The Solution • Periodic 5 year BICT review by DEP • In the 80’s it was not clear that baghouses were more efficient than ESP’s • Today DEP has acknowledged that baghouses are twice as effective as ESPs • DEP should review every five years to see what pollution control technologies are being on a source category basis • Require each Title V Facility to upgrade to BICT in order to renew its Title V Operating Permit

16. Thank you for your timeQuestions? 744 Broad Street, Suite 1525 Newark, NJ 07102