Title V Operating Permits: A Compliance and Enforcement Tool Candace Carraway US Environmental...
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Transcript of Title V Operating Permits: A Compliance and Enforcement Tool Candace Carraway US Environmental...
Title V Operating Permits: A Compliance and Enforcement Tool
Candace Carraway
US Environmental Protection Agency
Office of Air Quality Planning and Standards
919-541-3189
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Major Topics
How title V permits promote compliance and enforcement
Periodic monitoringOpportunities for public involvementResources for permit review
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How do Title V Permits Promote Compliance?
Title V Permits: Roll all applicable requirements into one
document Add reporting (deviation and 6 mo reports) and
annual certifications Add source-specific monitoring (sometimes) Allow greater access to records Are federally enforceable
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How do Title V Permits Help Enforcement?
Reports and certifications alert permitting agency and public
Permit settles what requirements applyAgencies must meet EPA standards for
fines and criminal penalties
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Reports and Certifications
Title V permits require 4 kinds of reports or certifications– Deviation reports– Semi-annual monitoring reports– Annual compliance certifications– Progress reports (if the source is out of
compliance)
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Deviation Reports
Required if the source deviates from one of its permit conditions
Purpose is to alert permitting agency and others that there is a problem
State defines in the permit how promptly reports must be submitted
Must be certified by a high ranking official
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Semi-annual Monitoring Reports
Permit requires reports of any required monitoring at least every 6 months
Report must include deviationsStates have discretion in how much detail
must be providedReport must be certified
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Annual Compliance Certification
Permittee must identify:– Each permit condition being certified– The compliance status– Whether compliance was continuous or
intermittent– Methods used to determine compliance
Certification is signed by responsible official
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Progress Reports
Required if source is not in compliance with applicable requirements when permit is issued
Permit will contain a schedule of compliance and will require progress reports every 6 months
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Periodic Monitoring
Requirement: testing, monitoring, reporting and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit
These terms can be added to the title V permit where the applicable requirement does not have adequate monitoring
Best bang for the buck: old NSR permits, pre-1990 rules, SIP requirements, “voluntary” conditions
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Review for Periodic Monitoring Issues
Overall objective: make sure you and the inspector can look at data that accurately measures compliance with each requirement
Compliance means continuous complianceMonitoring in each permit must be
supported by the permit record
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Factors in Evaluating Monitoring
Likelihood of violating the applicable requirement (the margin of compliance with the applicable requirement)
Whether add-on controls are necessary for the unit to meet the emission limit
Variability of emissions over time Type of monitoring, process, maintenance or control
equipment data already available for the unit Technical and economic considerations The kind of monitoring required for similar emission
units
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Good Monitoring has the 3 R’s
Reliable dataFrom the Relevant time period
• often this is the averaging period of the applicable requirement
Representative of the source’s compliance with the permit
• data allows for a reasonably supportable conclusion regarding the compliance status during each relevant time period
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Questions to Ask
Does the permit contain all the required MRR and testing requirements from the federal rules and the SIP?
Is there some monitoring required for each permit limit or condition?
Does the statement of basis provide an analysis and justification for the selected monitoring?
What monitoring is required of similar facilities in other states?
Is the monitoring requirement clear and enforceable? Do I have access to understandable monitoring data?
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Monitoring Examples
Source meets an emission limit by operating its incinerator at a specified temperature. – Permit must require source to monitor and record
the incinerator temperatures.
Applicable requirement requires start up test.– Permit must add an on-going monitoring
requirement
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Monitoring Examples
Permit requires source to monitor opacity to determine compliance with PM limit.– Reliability issue: Appropriate only if there is a
test that demonstrates that if source stays under a certain opacity level, it will also be in compliance with its PM limit
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Unenforceable Conditions: Examples
The permittee must regularly change the filters in the baghouse
Boiler #1 can emit not more than 39 tons per year of NOX
The emissions test shall be conducted while the emissions unit is operating at or near maximum capacity
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Unenforceable Conditions: Examples
The permittee shall normally inspect the unit daily
The permittee shall take corrective action as soon as possible
The permittee shall take corrective action if parameters are significantly out of range
The permittee shall use best engineering practices to operate and maintain the boiler
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More Difficult Question
Is there monitoring at regular intervals sufficient to assure compliance? – How likely is it that the facility could violate
the applicable requirement?– How much are the emissions likely to vary?
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Public Availability of Records
Permit application (except confidential business information)
All reports and certificationsDraft and final permitCorrespondence
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Opportunities for Involvement
Obtain copy of applicationRequest informal meeting with permitting
agencyReview file and draft permit; submit
commentsRequest and participate in public hearingPetition EPA to object to the permit if your
concerns have not been met21
Opportunities for Involvement
Challenge the permit in courtMonitor how well the source is performing
by reviewing reports and certificationsLitigate to enforce permit terms (or
persuade agency to enforce)Review draft renewal permits every 5
years and all significant modifications
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Resources for Permit Review
Proof is in the Permit (www.epa.gov/oar/oaqps/permits/partic/proof.html)
Region 9 (Draft) Permit Review Guidelines (http://www.epa.gov/region9/air/permit/titlev-public-part.html)
Region 7 title V petition data base (http://www.epa.gov/region07/air/index.htm)
Materials developed by NY Public Interest Group (www.titlev.org)
CAM Technical Guidance document (www.epa.gov/ttn/emc/cam/toc-ch3.pdf)
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Summary
Title V permits improve compliance and enforcement by:– Including all applicable requirements– Reports and certifications– Adding monitoring (sometimes)– Public access to documents
You can review for periodic monitoring without being an expert
Your review can improve the permit
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