Compliance and Enforcement: Investigation Overview

1. Compliance and Enforcement: Investigation Overview Cynthia Gandee Air Program Liaison Field Operations Program Support Team Office of Compliance and Enforcement Texas Commission on Environmental Quality

2. Today’s Topics • Investigation Overview • Hot Issues by Investigation Type • Guidance Documents and Resources • Contact Information Advanced Air Permitting Seminar – October 2014

3. Investigation Overview Announced* Unannounced Complaints Fence line observations • Routine compliance onsite investigations • In-house investigations • Emissions events • Stack testing • *Facilities with a unsatisfactory • compliance history rating may • not receive notice Reference: RG-457 and TCEQ Webpage Advanced Air Permitting Seminar – October 2014

4. What to Expect • Initial contact: records request • Onsite investigation • Initial exit interview • Follow-up questions • Final exit interview • Letter Advanced Air Permitting Seminar – October 2014

5. Typical Investigation Timeframe Advanced Air Permitting Seminar – October 2014

6. Records • All permits have a general recordkeeping requirement: • 30 TAC 106.8(c)(2) • 30 TAC 116.115(b)(E) • 30 TAC 122.144 • Be prepared to demonstrate compliance Advanced Air Permitting Seminar – October 2014

7. Top 10 Violations: Previous 5 Years 1) THSC 382.085(b) was cited 12,113 times in conjunction with applicable state and federal rules. 2) 30 TAC 122.143(4) was cited 6,947 times for failing to comply with the standard terms and conditions of a Federal Operating Permit. 3) 30 TAC 116.115(c) was cited 4,596 times for failing to comply with a special condition on an NSR permit. 4) 30 TAC 101.20(3) was cited 819 times for failing to comply with an EPA standard. 5) 30 TAC 116.715(a) was cited 803 times for failing to comply with an NSR flexible permit. 6) 30 TAC 116.110(a) was cited 742 times for failing to obtain authorization prior to construction. 7) 30 TAC 111.201 was cited 591 times for outdoor burning. 8) 30 TAC 122.145(2)(A) was cited 584 times for deviation reporting issues 9) 30 TAC 116.115(b)(2)(F) was cited 550 times for failing to comply with a Maximum Allowable Emission Rates Table. 10) 30 TAC 122.146(2) was cited 388 times for Permit Compliance Certification issues. Advanced Air Permitting Seminar – October 2014

8. Hot Issues forPermit Investigations • Permit applications • Reporting errors Advanced Air Permitting Seminar – October 2014

9. Application Errors • Omissions: • Units • Rules: • Decision Support System Advanced Air Permitting Seminar – October 2014

10. Reporting Errors • OP-CRO1 Form • Deviation report parts: • Dates • Misuse of Part 2 on DR Advanced Air Permitting Seminar – October 2014

11. Reporting Errors Advanced Air Permitting Seminar – October 2014

12. Title V Resources • Title V Guidance • DR Guidance Advanced Air Permitting Seminar – October 2014

13. Hot Issues for EE • EE vs. MSS boundaries • STEERS vs. DR Advanced Air Permitting Seminar – October 2014

14. Hot Issues for Stack Testing • Common violations: • Notification • Reports submittal • Review stack test conditions in draft permits: • Methods, procedures, pollutants to be tested, timeframes Advanced Air Permitting Seminar – October 2014

15. Hot Issues for Stack Testing REMINDER: Listing a sampling deviation in a test plan does not constitute approval. Approval is required. Advanced Air Permitting Seminar – October 2014

16. Regional Office Contact Information NORTH CENTRAL AND WEST TEXAS AREA CENTRAL TEXAS AREA BORDER AND PERMIAN BASIN • AREA COASTAL AND EAST TEXAS • AREA Advanced Air Permitting Seminar – October 2014