Title V Review

1. Title V Review DJ Law US EPA Region 8

2. Overview Know your process Permit isn’t always the most important document Permit size shouldn’t be scary

3. The Process – Why is it important? • No two permitting agencies will use the same permit style • US EPA • State of Colorado • All techniques used apply to any kind of permit review

4. My Review Process – Permit isn’t most important • Goal of reviewing permit is to understand what is in it and why • Permit itself can be confusing • Statement of Basis – Narrative form • Much better for Who/What/Where/When/Why

5. Example – US EPA Permit

6. Same Thing - SoB

7. Starting Point • Read Statement of Basis FIRST! • It should Give clearest description of source and its permitting history • Give reasons why permit is being issued • Discuss why a particular regulation is included, or not included, in the permit • Every item discussed in SoB should have corresponding section in permit

8. The Permit – What To Look For • Permits can be hefty documents • CDPHE Permit – 81 pages, 12 Emission Units • EPA Permit – 35 pages, 4 Emission Units • Proposed CDPHE Suncor Refinery Permit – 230 pages not counting Appendices • That is only for Plants 1 and 3. It doesn’t include the Title V permit for Plant 2, at 196 pages

9. The Approach – Making it Bite-Sized • The key is “Specific” – this is what makes the permit unique

10. EPA Permit -Table of Contents

11. CDPHE - Table of Contents

12. Permit Is Now Manageable • Terms and conditions specific to units at facility • EPA Permit – 7 pages out of 35 pages • CDPHE Permit – 20 pages out of 81pages • This is where you should find limitations, testing, monitoring, and reporting required for emission units at facility, as described in SoB • State rules for that equipment • NSPS requirements • MACT requirements • Requirements from other construction permits (BACT)

13. What about the rest? • Boilerplate – Regulations that apply to every facility that obtains a Title V permit • Should be identical for all sources within permitting authority’s jurisdiction • Non-site-specific regulations • Acid Rain • Alternative Operating Requirements • Permit Shield • Administrative Requirements • State-Specific Regulations • It’s all still important but isn’t “specific” to this facility

14. Does A + B = C? • What is discussed in SoB should show up somewhere in Permit Specific requirements • “Boilerplate” typically isn’t discussed in SoB • If it doesn’t, or isn’t clear, worth commenting about • Public is generally the least knowledgeable about environmental regulation. If public is confused about requirements or conditions, typically permitting authority can rewrite permit to make it clearer

15. Should A + B = C? • Requires working knowledge of environmental regulation and working knowledge of source operations • Best place to start is Permit Application • Typically not found as part of an “online” record. Must formally request, or visit location of physical permit record • Other resources include inspection reports, AP-42 process descriptions, NSPS and MACT background documents, etc.

16. Final Points Develop your own personal system for permit review Don’t be discouraged by size of documents. Break permit into manageable parts Don’t expect to know everything at once

17. Last Rule • When you are still confused about a condition…CALL! • Every permit public notice should have a contact name/number for engineer who wrote permit • Best source to determine intent of section that is troubling you