Region 9 Title V Permit Review Guidelines

1. Region 9 Title V Permit Review Guidelines Ray Vogel EPA/OAQPS

2. Region 9 Title V Permit Review Guidelines • Key document in your “library”: “Title V Permit Review Guidelines” developed by EPA Region 9 • Topics here correspond to many sections in Guidelines • Learning concepts gives basic understanding of what a permit should contain A little encouragement • You can do this! Permit review can be done even by non-technical people. It requires attention to detail, a focus on language and perseverance!

3. Outline • What permit should contain • Applicable requirements • Permit conditions • Practical Enforceability • Monitoring • Startup, shutdowns, malfunctions

4. How to Think About Permit Review • Permit links emission unit with “applicable requirement” under Clean Air Act • Your job as reviewer is to ensure permit includes correct requirements and does not exclude any that apply

5. How to Think about Permit Review Prioritize review. Focus on • Units with highest emissions • Units with highly toxic pollutants • Units with history of noncompliance • Units with high number of startup, shutdown, malfunction (SSM) reports • Units with air pollution control devices

6. What Permit Should Contain • All applicable requirements • Examples: state and federal rules, state permit terms • Standard permit conditions required by part 70 • Examples: permit expires after 5 years, duty to provide information • Practically enforceable language • Examples: requirements to keep records, eliminating vague permit conditions

7. What Permit Should Contain (cont.) • Source-specific monitoring, where needed • Example: testing or recordkeeping to show compliance with emission limits or work practice standards • Reporting and recordkeeping • Example: Reports of excess emissions • Schedule of compliance, if source is out of compliance • Origin and authority citation

8. Introduction:Applicable Requirements • Applicable requirements are CAA requirements that apply to Title V source • Include regulations issued before permit but with future compliance dates • Three broad types: • State Implementation Plan (SIP) • New source review (NSR) permits • Federal requirements: NSPS, MACT, NESHAPs

9. Introduction: Applicable Requirements (cont.) • State implementation plans (SIP) contain rules adopted by state and approved by EPA. Look for rules in “approved SIP” • New source review (NSR) permits. All past NSR, PSD, state construction permits issued to facility are applicable requirements

10. Introduction: Applicable Requirements (cont.) • New Source Performance Standards (NSPS). Apply only to new sources in specific categories that were constructed after the date specified in the rule. Listed in 40 CFR Part 60. • E.g., Subpart J – Standards for Petroleum Refineries • National Emission Standards for Hazardous Air Pollutants (NESHAPs). Pre-1990 standards listed in Part 61. Post-1990 standards listed in Part 63. • E.g., Subpart CC – MACT for HAPs from Petroleum Refineries

11. Introduction: Applicable Requirements (cont.) • Other applicable requirements • Compliance assurance monitoring (CAM) • Acid rain rules for “affected” utilities • Some rules requiring phase-out of ozone-depleting refrigerants • Requirements that are NOT applicable • National ambient air quality standards (NAAQS)

12. Why review applicable requirements? • Sources don’t always know which requirements apply • In past, overlooked applicable NSPS or NSR requirements • Have incorrectly suggested units are exempt from CAM • State permits sometimes exclude requirements or include incorrect requirements (e.g., requirements not approved by EPA • Correctly stating requirement necessary to know if additional monitoring required

13. How to Know If a Requirement Is “Applicable?” • Look for applicability section describing types of units to which rule applies. In NSPS and NESHAPs, usually first section in rule • Often, only certain types of emission units are covered (e.g., “affected facilities”) • Most rules apply to sources in certain categories, (e.g., electric generating units, petroleum refining, municipal waste combustors, other)

14. How to Know If a Requirement Is “Applicable?” (cont.) • NSPS rules apply only after specific dates (e.g., constructed or modified after May 4, 1987) • Many NESHAP rules apply only to “major” sources in a specific category (e.g., major source engaged in petroleum refining)

15. How to DetermineIf a Source Is “Major” • Based on a source’s potential to emit (PTE) • Include all emissions at facility • Assume plant operates at full capacity, 8760 hours/year, unless restricted by enforceable operating limit

16. How to Determine If a Source Is “Major” (cont.) • Major source of HAPS has PTE of • 10 tons/year for a single HAP, or • 25 tons/year for any combination of HAPs • Also, any source with a PTE of 100 tons/year of any pollutant is “major” • VOC, NOx and CO have smaller thresholds in certain nonattainment areas

17. Basic Information Sources • Air pollution control training courses on the web • www.epa.gov/air/oaqps/eog/course_format.html • Approved SIP requirements on the web • See each EPA regional website. Region 5’s site www.epa.gov/region5/air/sips/sips.htm • Federal rules (NSPS, NESHAPs) www.gpoaccess.gov/cfr/index.html • EPA OAQPS Permits site www.epa.gov/oar/oaqps/permits

18. ReviewingState Implementation Plans • Check that permit term references approved SIP • If permit includes sunset/sunrise clause, check that new rule assures compliance • For more information, see page III-6 and III-7

19. Reviewing New SourcePerformance Standards in the Permit • Check cites of NSPS rules • Permit should provide enough information to justify exemptions from an NSPS • Permit should address whether unit has been modified • Permit should include correct monitoring requirements • For more information, see page III-11 to III-14

20. Reviewing NESHAPStandards • Check applicability of potential NESHAPs • Permit should provide enough information to justify exemptions from a NESHAP • Permit should address whether unit has been modified • Permit should include correct monitoring requirements • For more information, see page III-15 to III-16

21. Reviewing New Source ReviewPermit Terms • Three versions of permits issued by states • Prevention of Significant Deterioration (PSD) in attainment areas • Major New Source Review (NSR) in nonattainment areas • State preconstruction permits to all other sources • In some areas, EPA issues PSD permits • All NSR permits must be included in Title V permit, regardless of when NSR permit was issued • For details, see p. III-21 to III-27

22. Small-Group Activity – Applicable Requirements • A permit for a pulp mill references the NSPS, Subpart BB for Kraft Pulp Mills • Where would you find this requirement? • How would you determine if it applies to the facility?

23. Practical Enforceability • Objective: allow inspector to determine compliance • To be practically enforceable, permit terms should • Establish a clear legal obligation for source • Allow compliance to be verified through data such as records or reports • This is not highly technical! • See p. III-45 to III-53

24. Practical Enforceability (cont.) • Look for • Short-term emission limits (30 days or monthly rolling averages) • Requirement to keep records and submit reports to verify compliance with limits on operating hours or throughputs • Examples • “emit less than 49 tons/year on a rolling monthly average” instead of “annual average of 49 tons/year” • “keep records of monthly throughput” instead of no record-keeping requirement

25. Monitoring • Permit must add monitoring where monitoring in underlying requirement • Is wholly absent • Is only a one-time stack test, or • Does not specify requency • Otherwise, permit cannot add monitoring, even if underlying monitoring could be improved

26. Monitoring (cont.) • Monitoring is important because • Often the only way to determine if unit is in compliance or if control device is operating improperly • Many older requirements have little or no monitoring • An area in which permitting agency has discretion to improve existing monitoring

27. Monitoring (cont.) • Examples of requirements that may lack monitoring • Older NSPS or SIP requirements that require no monitoring or one-time testing • NSR permits • Where to get ideas on improving monitoring • For control devices: CAM reference material http://www.epa.gov/ttn/emc/cam.html • For uncontrolled units: Title V technical reference document at same website, Region 9 guidelines or state periodic-monitoring guidance documents

28. Cautions when using Region 9 Guidelines for Monitoring • Do not cite to 1999 EPA Periodic Monitoring Guidance. Struck down by DC Circuit • Instead, cite state’s periodic monitoring guidance, if available, or part 70’s periodic monitoring rule [section 70.6(a)(3)(i)(B)]. • See p. III-75 to III-87

29. Startup, Shutdown, Malfunctions (SSMs) • SSM rules exist in SIPs, NSPS and NESHAP rules • Many regulations do not require compliance with emission limit during SSM event • Excess emissions during SSM events can be huge if they occur repeatedly or are allowed to continue unabated

30. Concerns with SSMs • Emissions during upsets and SSM may release toxic and carcinogenic chemicals that community health and safety • Exemptions in regulation and lack of reporting allow upset and SSM emissions to be kept off books and to exceed permit and regulatory limits • Excess emissions due to upsets and SSM are largely avoidable

31. Review of SSMs • Check plant’s history, look for • Recurring malfunctions (preventable and foreseeable). • Reports of SSM events, what caused them, and how long it took to correct problem • If problem exists, request that permit add monitoring of SSM events to ensure malfunctions are caused only by “sudden, unavoidable breakdowns of technology, beyond the control of the owner or operator” and not • Malfunctions due to human error • Undersized or poorly maintained control equipment

32. Review of Major Points • How to think about permit review • Applicable requirements: SIPs, NSPS, NESHAPs, NSR permits • How to determine if they apply • How to know if a source is “major” • Practical enforceability • Monitoring • Startup, shutdown, malfunctions (SSMs)

33. Permit Review: You can Do it! • You decide how technical to make your review – much of it can be non-technical • Many resources are available • You don’t need to find and fix all problems • Anything you can do to offer constructive comment is success!

34. Thank you… …and good luck! Ray Vogel EPA, OAQPS