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Responding to a Notice of Violation

Responding to a Notice of Violation. Pinal County Air Quality Workshop February 1, 2012. Common Violations. Did not maintain the required records Did not submit the required reports Changed the process/equipment without a permit revision

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Responding to a Notice of Violation

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  1. Responding to a Notice of Violation Pinal County Air Quality Workshop February 1, 2012

  2. Common Violations • Did not maintain the required records • Did not submit the required reports • Changed the process/equipment without a permit revision • Added capacity to the process without a permit revision • Did not maintain pollution control equipment • Did not conduct stack (a.k.a. performance) tests

  3. Ways to Prevent a NOV • Most Notices of Violation (NOVs) have a common thread: • The operator did not read or alternatively did not understand the permit issued to them. • The best way to prevent a NOV is to read your permit. • Have a copy of your permit readily accessible • Thoroughly read the document • Call and ask questions

  4. Types of NOVs • NOVs issued to Title V sources or Synthetic Minor 80% (SM80s) must be reported to EPA Region 9 • Once reported to EPA the NOV is labeled as a High Priority Violation (HPV) • EPA will review any action affecting a major source or a SM80 and may over file • NOVs issued to non Title V sources, Synthetic Minors less than 80%, and minor sources are generally not reported to EPA • EPA can always over file if they feel we incorrectly categorized the violation or did not pursue it to an appropriate extent.

  5. Overview of the process • Issuance of a Notice of Opportunity to Correct (NOC) • Utilized for minor infractions • Gives the source 30 days to provide a written correction plan • The speed in which the plan is implemented will be reviewed • No response or an inappropriate response may lead to an NOV

  6. Overview of the process • Issuance of a Notice of Violation (NOV) • Utilized when penalties are sought • Gives the source 30 days to respond • The response could refute the violations • The response could explain why the situation occurred • The response could explain how the situation has been resolved • No response could result in a referral to the Pinal County Attorney’s Office

  7. Overview of the process • Issuance of an Order of Abatement by Consent (OAC) • Utilized to collect penalties without going to court • If the two parties can come to an agreement a settlement document is created • The document spells out the penalty, the date the penalty is due, any corrective actions that need to be taken, and legal ramifications. • If the two parties cannot come to an agreement the situation may be referred to the Pinal County Attorney’s Office • The Pinal County Attorney’s Office may file an action in Superior Court

  8. Overview of the process • Creation of a Supplemental Environmental Project (SEP) • An Order of Abatement by consent may contain a SEP • The SEP is carried out as part of the penalty. The source will spend money to implement this project and as a portion of the penalty. • Clearly defined goals, reporting and milestones will be required • The SEP must result in emission reductions related to the violation

  9. Operating Scenario • ABC Production Services makes widgets • During the Pinal County site plan review process ABC was told they need an Air Quality Operating permit • When must the AQ Operating permit be obtained? • ABC obtained their Air Quality operating permit before construction began • ABC also obtained a dust permit prior to beginning dirt work • The Air Quality Operating permit was issued on January 2nd and construction began on January 3rd. • ABC began production on February 15th.

  10. Operating Scenario • ABC quickly realized a conveyor needed to be added to production line 1. • The conveyor is capable of producing more than 1 ton per year of a regulated pollutant. • Adding the conveyor requires removing a load bearing wall on the main building and constructing an addition. • ABC also wants to add a 400 horsepower generator to supply emergency power to the plant.

  11. Operating Scenario • What must be done prior to work beginning on the redesign? • A revision to the Air Quality permit is required • The revision will take at least 45 days to get issued • The revision must account for the conveyor emissions and the emergency generator • Any generator greater than or equal to 325 horsepower OR operated more than 72 hours per year must be permitted • The building must be surveyed for asbestos prior to remolding work beginning and an asbestos notification must be submitted to Pinal County Air Quality • The dust permit from the original construction is still valid

  12. Operating Scenario • ABC applied for a revision on March 1st • Permit processing time fees paid on April 30th • The revision was issued on May 1st • ABC had an AHERA certified consultant conduct the asbestos survey on April 1st and submitted the asbestos notification on April 15th. (10 working day waiting period) • ABC started the remolding project on May 2nd

  13. Operating Scenario • ABC’s permit requires performance testing within 180 days of permit issuance • ABC submitted a test protocol 60 days prior to testing • ABC notified PCAQCD of the testing date 14 days in advance • ABC conducted the testing on June 1st • ABC submitted the test results within 45 days • The test results demonstrated compliance

  14. Operating Scenario • ABC has an operating limitation that keeps them below Title V permitting thresholds • The permit states ABC cannot produce more than 100 widgets per month • The permit requires annual reporting • Due January 30th of each year • The permit requires an annual compliance certification • Due January 30th of each year

  15. Operating Scenario • On January 30th, 2011 ABC submits its annual report describing the number of widgets made per month • Jan = 0, Feb = 10, Mar = 15, Apr = 20, May = 15, Jun = 40 , Jul = 60, Aug = 80, Sep = 101, Oct = 120, Nov = 180, Dec = 100 • On January 30th, 2011 ABC submits an annual certification stating they were in continuous compliance

  16. NOV Scenario • On May 1, 2011 PCAQCD conducts a site inspection at ABC • During the inspection a second emergency generator of 200 horsepower is found • On June 10, 2011 ABC receives the inspection report • On July 10, 2011 ABC receives an NOV

  17. NOV Scenario • Citations in the NOV • Exceeded operating limits on 3 occasions • False or incorrect annual certification • The NOV is a High Priority Violation and must be reported to USEPA • Producing 180 widgets in November triggered Title V permitting requirements

  18. NOV Scenario • Actions in response to NOV • Submit for a permit revision to obtain a Title V operating permit • Annual permit fee increases • Permit processing fees will be due • Permit revision lists the 200 horsepower generator as an insignificant activity (if operated less than 72 hours per year) • ABC pays a penalty via an Order of Abatement by Consent

  19. Summary • Compliance is the goal • The process outlined here is for Pinal County Air Quality • Other County Air Quality Agencies have similar processes • Other County Departments have different procedures set forth in statue and rule • Read your permit and ask questions

  20. Contact Information Kale Walch Pinal County Air Quality Deputy Director kale.walch@pinalcountyaz.gov 520-866-6960

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