title 5 Permit Review Training

1. title 5 Permit Review Training June 13, 2013 Joy Wiecks Fond du Lac Reservation

2. Getting started with title 5 permits • Description • Features • Sources they cover • Reviewing them

3. Need for Title 5 • Air quality goals were not met • Confusion as to what requirements applied to a facility • Existing rules often lacked monitoring • Limited public access and comment • Weak compliance oversight • Purpose of Title V permit: accountability, improved compliance and enforcement for facilities that have started operating

4. Title 5 basics • Refers to Title 5 of the CAA • Operating permits, not construction • “Bucket” program • Contains enforceable conditions (federal or state) • Addresses major sources (see next slide) • Grows with the facility • Updated regularly • Addresses criteria pollutants, toxics, and greenhouse gases

5. sources subject to title 5 include • Any major source • Any facility with Potential To Emit above: 10 tpy any one toxic; 25 tpy of combination of toxics; 100 tpy any regulated pollutant; lesser amounts if in n/a area. • Any solid waste incineration unit under CAA section 129 • See www.epa.gov/oaqps001/permits/obtain.html for updated list of non-major sources; most non-majors are exempt from Title 5. • Many facilities took limits to avoid Title 5 (Synthetic Minors)

6. Synthetic Minors (Not title 5’s) • Covered under Federally Enforceable State Operating Permit (FESOP), minor NSR permits, or state prohibitory rules • Different from a true minor • Needs federally enforceable limits to stay under major source threshold • Sources may choose to be synthetic minor for different reasons

7. Title 5 special features • Requires compliance certification from a high-level company official • Adds enhanced monitoring (sometimes), record-keeping, and reporting requirements and schedules for these • Has citizen suit opportunities • Forces a facility-wide look, potential reductions • “Insignificant units” can be left out of the permit application (but not the permit)

8. Comparison of Permit Terms: PSD Permit v. Title V Permit for Riverton Dome Gas Plant

9. Title 5 updates (renewals) Periodic Title 5 updates incorporate new requirements • SIP limits that result from updated NAAQS • New requirements such as Maximum Available Control Technology, New Source Performance Standards, National Emissions Standards for Hazardous Air Pollutants • Regional haze requirements (Best Available Retrofit Technology) • Updates to otherwise ensure compliance

10. Maximum Achievable Control Technology • Applies to major sources of toxic pollutants (PTE of 10 tpy of single HAP, or 25 tpy of multiple HAP’s) • EPA sets MACT emission levels - offers choices of control options • MACT based on the top-performing 12% of industry sources • EPA required to do an 8 year residual risk review • Source can take limits to stay out of MACT if done before specific regulation passed

11. Layout of a Permit • Basics (same for most permits), “thou shalt’s/shalt not’s” • For each process line or emissions source, the permit generally has: • Description of process and its stacks and pollution control equipment • Emission limit or other type of limit • Monitoring, recordkeeping and reporting

12. Layout, continued

13. Every Number in a Permit Has a Story • Permit limits/requirement come from: • Federal programs (i.e. NSPS, BART, MACT) • NSR permits • State-only requirements • SIP requirements • Enforcement actions • If reason not clear, check with permit engineer • Facility needs to demonstrate how they’re meeting limits

14. Permits terms incorporate… • Requirements needed to meet NAAQS and state standards • Requirements needed to meet Class II increment (measure of how much additional pollution is allowed) • Requirements needed to meet Class I increment, visibility, and acid deposition, air toxics programs • Appropriate emission controls • Any required mitigation

15. Monitoring, Reporting, Recordkeeping • For any permit standard or limit, there must be monitoring, reporting, and recordkeeping • Frequency of monitoring depends on: how close to NAAQS emissions are; health effects of pollutant; cumulative emissions; variability of emissions • Semi-annual monitoring reports, plus compliance certification • Records kept on-site for 5 years

16. Evaluation Chart

17. Control Equipment • Need to make sure equipment is functioning properly • Do this thru stack testing or parametric testing • Parameters: scrubber water flow rate, ESP voltage, fabric filter pressure drop • Need ranges, and actions to take if parameters outside range • One pollutant can serve as a surrogate for another

18. Best bang for the buck • Units subject to pre–1990 rules • Units subject to a SIP requirement for which there is no reasonable compliance assurance method specified • Units subject to old NSR permits • Voluntary terms created in the Title V permit

19. Facility Planning reqmts • Facilities have operating and maintenance plans for equipment • Inspection frequency, employee training, spare parts kept on-site, etc. • Dust control plans • Monitoring equipment operation plans • All of the above can be incorporated by reference

20. Permit variables Many items require judgment calls on the part of the permit engineer. • Frequency of testing • Stack testing vs. CEM’s • Permit engineer considers: how close to the NAAQS emissions will be; how reliable the emissions data is; health effects of the pollutant • The permit should retain the ability to change testing frequency, etc. depending on the results obtained

21. Decisions, decisions – How do you choose which permits to review? Concerns will be different for each Reservation • Standard re-issuance or new items? • Pollutants of concern? • Magnitude of pollutant changes • Reputation of facility • Distance from Reservation • How close to the NAAQS are the emissions? • How complicated is the permit?

22. Practical Advice • The more permits you review, the better you will get at it! • Be sure every requirement has: monitoring, reporting, and recordkeeping associated with it • Make sure permit has “outs” or ways to change the permit if results are unacceptable • Read the TSD first for explanation of processes and limits • EPA doesn’t review all permits, but sometimes “takes requests” from tribes • Call the permit engineer, the FLM, the EPA to ask questions • Attend public hearing, or request one

23. Things to Look At if you Have Time • Check calculations and emission factors • Look up regulations referenced in the permit for understanding and applicability (modeling, monitoring methods, etc) • Can look at permit application • Read any studies referenced • Read appendices

24. Permitting process • Company submits an application • Permitting agency reviews • Draft permit issued to company to review (sometimes) • Draft permit put on public notice • 30 day comment period follows • A 45-day EPA review period usually occurs at the same time

25. Public Involvement (Title 5) Title V Programs Provide the Public with Opportunities to: • Comment on and request a public hearing on draft permits • Appeal Part 70 permits in State court and petition EPA to object to such permits • Appeal EPA-issued permits to the Environmental Appeals Board and federal courts • Track compliance by reviewing reports/certifications submitted by sources • Bring enforcement actions in civil court for permit noncompliance

26. Conclusions • Title 5 is a “bucket” program • Covers major sources • Comprehensive look at the facility • Many opportunities for public involvement • Make sure that compliance will be demonstrated