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Title V Operating Permits: A Compliance and Enforcement Tool

Title V Operating Permits: A Compliance and Enforcement Tool. Candace Carraway US Environmental Protection Agency Office of Air Quality Planning and Standards 919-541-3189. Major Topics. How title V permits promote compliance and enforcement Periodic monitoring

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Title V Operating Permits: A Compliance and Enforcement Tool

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  1. Title V Operating Permits: A Compliance and Enforcement Tool Candace Carraway US Environmental Protection Agency Office of Air Quality Planning and Standards 919-541-3189

  2. Major Topics • How title V permits promote compliance and enforcement • Periodic monitoring • Opportunities for public involvement • Resources for permit review

  3. How do Title V Permits Promote Compliance? Title V Permits: • Roll all applicable requirements into one document • Add reporting (deviation and 6 mo reports) and annual certifications • Add source-specific monitoring (sometimes) • Allow greater access to records • Are federally enforceable

  4. How do Title V Permits Help Enforcement? • Reports and certifications alert permitting agency and public • Permit settles what requirements apply • Agencies must meet EPA standards for fines and criminal penalties

  5. Reports and Certifications • Title V permits require 4 kinds of reports or certifications • Deviation reports • Semi-annual monitoring reports • Annual compliance certifications • Progress reports (if the source is out of compliance)

  6. Deviation Reports • Required if the source deviates from one of its permit conditions • Purpose is to alert permitting agency and others that there is a problem • State defines in the permit how promptly reports must be submitted • Must be certified by a high ranking official

  7. Semi-annual Monitoring Reports • Permit requires reports of any required monitoring at least every 6 months • Report must include deviations • States have discretion in how much detail must be provided • Report must be certified

  8. Annual Compliance Certification • Permittee must identify: • Each permit condition being certified • The compliance status • Whether compliance was continuous or intermittent • Methods used to determine compliance • Certification is signed by responsible official

  9. Progress Reports • Required if source is not in compliance with applicable requirements when permit is issued • Permit will contain a schedule of compliance and will require progress reports every 6 months

  10. Periodic Monitoring • Requirement: testing, monitoring, reporting and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit • These terms can be added to the title V permit where the applicable requirement does not have adequate monitoring • Best bang for the buck: old NSR permits, pre-1990 rules, SIP requirements, “voluntary” conditions

  11. Review for Periodic Monitoring Issues • Overall objective: make sure you and the inspector can look at data that accurately measures compliance with each requirement • Compliance means continuous compliance • Monitoring in each permit must be supported by the permit record

  12. Factors in Evaluating Monitoring • Likelihood of violating the applicable requirement (the margin of compliance with the applicable requirement) • Whether add-on controls are necessary for the unit to meet the emission limit • Variability of emissions over time • Type of monitoring, process, maintenance or control equipment data already available for the unit • Technical and economic considerations • The kind of monitoring required for similar emission units

  13. Good Monitoring has the 3 R’s • Reliable data • From the Relevant time period • often this is the averaging period of the applicable requirement • Representative of the source’s compliance with the permit • data allows for a reasonably supportable conclusion regarding the compliance status during each relevant time period

  14. Questions to Ask • Does the permit contain all the required MRR and testing requirements from the federal rules and the SIP? • Is there some monitoring required for each permit limit or condition? • Does the statement of basis provide an analysis and justification for the selected monitoring? • What monitoring is required of similar facilities in other states? • Is the monitoring requirement clear and enforceable? • Do I have access to understandable monitoring data?

  15. Monitoring Examples • Source meets an emission limit by operating its incinerator at a specified temperature. • Permit must require source to monitor and record the incinerator temperatures. • Applicable requirement requires start up test. • Permit must add an on-going monitoring requirement

  16. Monitoring Examples • Permit requires source to monitor opacity to determine compliance with PM limit. • Reliability issue: Appropriate only if there is a test that demonstrates that if source stays under a certain opacity level, it will also be in compliance with its PM limit

  17. Unenforceable Conditions: Examples • The permittee must regularly change the filters in the baghouse • Boiler #1 can emit not more than 39 tons per year of NOX • The emissions test shall be conducted while the emissions unit is operating at or near maximum capacity

  18. Unenforceable Conditions: Examples • The permittee shall normally inspect the unit daily • The permittee shall take corrective action as soon as possible • The permittee shall take corrective action if parameters are significantly out of range • The permittee shall use best engineering practices to operate and maintain the boiler

  19. More Difficult Question • Is there monitoring at regular intervals sufficient to assure compliance? • How likely is it that the facility could violate the applicable requirement? • How much are the emissions likely to vary?

  20. Public Availability of Records • Permit application (except confidential business information) • All reports and certifications • Draft and final permit • Correspondence

  21. Opportunities for Involvement • Obtain copy of application • Request informal meeting with permitting agency • Review file and draft permit; submit comments • Request and participate in public hearing • Petition EPA to object to the permit if your concerns have not been met

  22. Opportunities for Involvement • Challenge the permit in court • Monitor how well the source is performing by reviewing reports and certifications • Litigate to enforce permit terms (or persuade agency to enforce) • Review draft renewal permits every 5 years and all significant modifications

  23. Resources for Permit Review • Proof is in the Permit (www.epa.gov/oar/oaqps/permits/partic/proof.html) • Region 9 (Draft) Permit Review Guidelines (http://www.epa.gov/region9/air/permit/titlev-public-part.html) • Region 7 title V petition data base (http://www.epa.gov/region07/air/index.htm) • Materials developed by NY Public Interest Group (www.titlev.org) • CAM Technical Guidance document (www.epa.gov/ttn/emc/cam/toc-ch3.pdf)

  24. Summary • Title V permits improve compliance and enforcement by: • Including all applicable requirements • Reports and certifications • Adding monitoring (sometimes) • Public access to documents • You can review for periodic monitoring without being an expert • Your review can improve the permit

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