Title V Compliance Certification and Deviation Reporting

1. Title V Compliance Certification and Deviation Reporting Anjanette M. Jackson and Erica Solis Office of Compliance and Enforcement May 6, 2014

3. Reporting Requirements • Deviation Report • Permit Compliance Certification • Certification by a Responsible Official

4. Deviation Defined • 30 TAC §122.10(5) • Any indication of noncompliance with a term or condition of the permit as found using compliance method data from monitoring, recordkeeping, reporting, or testing required by the permit and any other credible evidence or information.

5. Credible Evidence • Monitoring methods from equivalent rule requirement • Credible citizen collected evidence • Findings from TCEQ investigations • Emissions events

6. Deviation Report Official TCEQ Form: • Dev Rep (Form TCEQ 10101)

10. Deviation Report Reporting Terms and Conditions: • Submit at least each 6 month period after permit issuance* • Submit no later than 30 days after reporting period end • Only covers deviations that occurred and are discovered within the reporting period. *No report required if no deviations occurred over the 6-month reporting period

11. Calculating the Date • Start date • Initial permit issuance date; OR • Day after the end date of the previous deviation reporting period • End date = Start date + 6 months – one day

12. Deviation Period • Report due December 5, 2013

13. Permit Compliance Certification • Certification of compliance with permit terms and conditions • Applies to all types of Title V permits • Required for life of permit (until expired or voided/no longer active)

14. Permit Compliance Certification Official TCEQ Form: • PCC (Form TCEQ 10490)

18. Permit Compliance Certification Reporting Terms and Conditions: • Submit at least each 12 month period following initial permit issuance • Submit to the TCEQ Regional Office and the EPA administrator no later than 30 days after end of the certification period

19. Calculating the Date • Start date • Initial permit issuance date; OR • Day after the end date of the previous compliance certification period • End date = Start date +12 months – one day

20. Certification Period • Report due June 4, 2014

21. Adjustments to Reporting Periods • The periods are no longer than those required by regulation • There are no gaps in the certification periods • End date marks beginning of 30 day clock

22. Start and End Dates • Permit revisions and renewals do not impact reporting dates • Permit revocation, termination, reissuance or expiration mark the end date * *unless a compliance agreement, Agreed Order, or Consent Decree stipulate reporting and certification as if the permit was still in effect.

23. Certification by Responsible Official • Required for deviation reports and Annual Compliance Certifications required by the Title V Permit • Certification of accuracy and completeness statement to meet requirements of 30 TAC §122.165(b)

24. Certification by Responsible Official Official TCEQ Form: • OP-CR01 (TCEQ Form 10009)

26. TCEQ Report Review • Title V Permit Compliance Reports are evaluated by TCEQ Regional Office with jurisdiction • Deviation Reports • Permit Compliance Certification • Certification by Responsible Official • Other Reports Required by the Title V Permit

27. TCEQ Report Review • Deviation Reports • Deviation Description - §122.145(2)(A) • Deviation Reporting Period - §122.145(2)(B)&(C) • Report Content

28. TCEQ Report Review • Deviations • Reportable Emissions Events • Non-Reportable Emissions Events • Non-Compliance with Permit Provisions • Missed Deviations

29. TCEQ Report Review • Deviations – Emission Events • Even when emissions are not reportable under 30 TAC Chapter 101 • 30 TAC Chapter 122 and Chapter 101 requirements are independent of each other • Reporting an event in STEERS does not satisfy deviation reporting requirements or vise-versa

30. Example

31. TCEQ Report Review • Permit Compliance Certification • Timeliness of Report - §122.146(1) and (2) • Certification of Continuous Compliance - §122.146(5)(B) • Identification of Deviation Reports - §122.146(5)(C)

33. TCEQ Report Review • Certification by Responsible Official • Submitted for each document required by the Title V Permit – 30 TAC §122.165(a) • Statement to meet requirements of 30 TAC §122.165(b)

35. Additional Information • Title V Deviation Reporting and Permit Compliance Certification http://www.tceq.texas.gov/assets/public/compliance/field_ops/guidance/Title_V_Guidance_2012_November.pdf • Title V Operating Permits Compliance Forms http://www.tceq.texas.gov/permitting/air/forms/titlev/comp/tv_comp_forms.html

36. Questions? • Contact Information • Anjanette M. Jackson anjanette.jackson@tceq.texas.gov 956.430.6036 • Erica Solis erica.solis@tceq.texas.gov 956.721.8456