Compliance and Enforcement:

Investigation OverviewCynthia Gandee

Air Program Liaison

Field Operations Program Support Team

Office of Compliance and Enforcement

Texas Commission on Environmental Quality

Advanced Air Permitting Seminar – October 2014

Today’s Topics

• Investigation Overview• Hot Issues by Investigation Type• Guidance Documents and Resources• Contact Information

Advanced Air Permitting Seminar – October 2014

Investigation Overview

Announced*• Routine compliance onsite

investigations • In-house investigations • Emissions events• Stack testing

*Facilities with a unsatisfactory compliance history rating may not receive notice

Unannounced• Complaints• Fence line observations

Reference: RG-457 and TCEQ Webpage

Advanced Air Permitting Seminar – October 2014

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

Contact:

1-14 days

Investigation:

1-14 days

Findings and Letter:

60-90 days

Typical Investigation Timeframe

Advanced Air Permitting Seminar – October 2014

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

Top 10 Violations: Previous 5 Years

Number Issued Citation Description

12,113 THSC 382.085(b)

Cited in conjunction with applicable state/federal rules

6,947 30 TAC 122.143(4)ST&C of Federal Operating Permit

4,596 30 TAC 116.115(c) SC of NSR permit

819 30 TAC 101.20(3)Compliance w/ EPA standards

803 30 TAC 116.715(a)Compliance w/ NSR flexible permit

742 30 TAC 116.110(a)Pre-construction authorization

591 30 TAC 111.201ODB General Prohibition

584 30 TAC 122.145(2)(A) Deviation reporting

550 30 TAC 116.115(b)(2)(F) MAERT

388 30 TAC 122.146(2) PCC

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

Hot Issues forPermit Investigations

• Permit applications

• Reporting errors

Advanced Air Permitting Seminar – October 2014

Application Errors

• Omissions:• Units

• Rules:• Decision

Support

System

Advanced Air Permitting Seminar – October 2014

Reporting Errors

• OP-CRO1 Form

• Deviation report parts:• Dates• Misuse of Part 2 on DR

Advanced Air Permitting Seminar – October 2014

Reporting Errors

Advanced Air Permitting Seminar – October 2014

Title V Resources

• Title V Guidance

• DR Guidance

Advanced Air Permitting Seminar – October 2014

Hot Issues for EE

• EE vs. MSS boundaries

Upset Maintenance

• STEERS vs. DR

Advanced Air Permitting Seminar – October 2014

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

Hot Issues for Stack Testing

REMINDER:

Listing a sampling deviation in a test plan does not constitute approval.

Approval is required.

Regional Office Contact Information

NORTH CENTRAL AND WEST TEXAS AREA

COASTAL ANDEAST TEXAS

AREA

CENTRAL

TEXASAREA

BORDER AND PERMIAN

BASINAREA