Title V Site Operating Permits (SOPs) Initial, Revision, and Renewal Applications Vasant Chaphekar, P.E. & Carolyn Maus, P.E. Air Permits Division Texas Commission on Environmental Quality Environmental Trade Fair 2016

Overview Introduction to Title V Permitting How & When Do I Apply for an Initial SOP? How Do I Renew or Revise My SOP? Top 10 List for Efficient Permitting Where Can I Get More Help?

Overview Introduction to Title V Permitting

Who, Why, What, Where, and How of a Title V permit?

Why is a Title V Permit Needed? Requirement established by FCAA Amendments of 1990 Legal authority to operate a facility that releases air emissions Framework to codify previously authorized air emissions State and federal enforceability of the regulations

Who Needs a Title V Permit? Emission sources listed in 40 CFR §70.3:  Major sources as defined in 30 TAC §  Affected sources:  Subject to acid rain rules  Subject to Section 111 or 112 of FCAA  Solid waste incineration units  Non-major sources listed by EPA that are subject to NSPS, NESHAP, MACT Emission sources listed in 40 CFR §70.3:  Major sources as defined in 30 TAC §  Affected sources:  Subject to acid rain rules  Subject to Section 111 or 112 of FCAA  Solid waste incineration units  Non-major sources listed by EPA that are subject to NSPS, NESHAP, MACT

Who are the Stakeholders in the Title V Permit Program? Title V Permit Business EPA State Local Public Planet

What Does a Title V Permit Provide? Framework to organize and share data Single operating permit Framework to demonstrate compliance Compliance verification simplification State/federal enforcement simplification Authorization for 5 years

What Does a Title V SOP Contain? Permit FaceTable of ContentsGeneral & Special Terms & ConditionsAttachmentsAppendices

What are the SOP Attachments? Attachments Applicable Requirements SummaryAdditional Monitoring Requirements (PM/CAM)Permit ShieldNSR Authorization ReferencesCompliance ScheduleAlternative Requirement

What Do the SOP Appendices Contain? Appendices Acronym ListMajor NSR Summary Table

What is the Process to Obtain a SOP?

Introduction to SOPs - Pop Quiz True or False? GHG-only major sources are not subject to Title V requirements. True All minor sources are exempt from Title V requirements. False Fugitive emissions are exempted from PTE computation to determine if site is a major source for HAPs. False Textual Description in Applicable Requirements Summary table is not enforceable. True

Introduction to SOPs - Pop Quiz True or False? There is no application fee and no permit issuance fee for a Title V permit. True A Title V permit can establish new federal emission limit requirements for a site. False

How & When Do I Apply for an Initial SOP? Overview

Initial SOP Processing

How & When Do I Apply for an Initial SOP? Submit TCEQ forms to determine site- wide and unit- specific requirements Submit ‘non- confidential’ versions of area map, plot plan, process information Submit required certification forms Due before site operation begins or 12 months after TCEQ/EPA action

Linking SOP Sections & TCEQ Forms SOP SectionsApplicable OP Form Permit FaceOP-1, OP-2, Core Data General & Special Terms & Conditions OP-REQ1 Applicable Requirements SummaryOP-SUM, OP-UAXX Additional Monitoring Requirements (PM/CAM) OP-MON Permit ShieldOP-REQ2 PSD/NA/NSR/PBR Authorization References OP-REQ1, OP-SUM Compliance ScheduleOP-ACPS Alternative RequirementOP-REQ1 Major NSR Summary TableTCEQ-20648

Initial Application Preliminary Review Completeness Company/Site Info. Site Operations Introduction Completeness Company and Site Information Site Operations Introduction to applicant

Initial Application Technical Review Site-wide requirements OP-REQ1 Unit-specific requirements OP-SUM OP-UA Negative applicability OP-REQ2

Initial Application More Technical Review Compliance OP-ACPS Compliance History Review PM/CAMOP-MON Major NSR Summary Form TCEQ-20648

Initial Application Technical Review 30 TAC Chapter 106 and Chapter 116 permits Major NSR Summary Table: PSD/NA permits Emission points in the MAERT Monitoring/testing, recordkeeping, reporting

Initial Application Periodic Monitoring Does the rule contain sufficient monitoring? Does it have sufficient monitoring frequency? If you answered No at least once, you’ll need PM. If you answered No at least once, you’ll need PM.

Initial Application Compliance Assurance Monitoring Emission Limit Control Device Pre-control ≥ major CAM applies!

Initial Application Resolving Deficiencies The permit reviewer will: Send a list of deficiencies Review applicant responses Request additional information if needed

Initial Application Working Draft Permit The applicant will: Submit comments within requested timeframe Legibly mark changes on forms or draft Clearly indicate new, revised, and deleted data Certify updates prior to public notice

Initial SOPs - Pop Quiz True or False? If a unit is subject to MACT requirements proposed after November 1990, then that unit is exempt from all other CAM requirements. False A permit shield provides protection from an enforcement action. False

Initial SOPs - Pop Quiz True or False? If a unit is subject to both CAM and PM requirements for the same rule, only the CAM requirement needs to be listed in a Title V permit. True A permit shield request must demonstrate that all non-applicability criteria are met. True

Overview How Do I Renew or Revise My SOP?

Overview How Do I Renew or Revise My SOP? SOP Renewals

SOP Renewal Timeline Permit issued Permit expiration Five year permit term (unless otherwise noted) TCEQ sends renewal notification Application due (6-18 months before expiration)

SOP Renewal Process

SOP Renewal Application Update all requirements Evaluate PM/CAM for all units Certify compliance status Public notice and EPA review

Overview How Do I Renew or Revise My SOP? SOP Revisions and Notifications

Reviewed by: TCEQEPA The public Purpose is to maintain current applicable requirements Reviewed by:  TCEQ  EPA  The public Purpose is to maintain current applicable requirements

Notifications What is a notification? Can I use a notification? When should I submit my notification?

Notification Types Off-permit changes Add applicable requirements from site changes New unit New PBR/standard permit Operational flexibility Remove unit Modify applicable requirements Decrease NSR emission limits Off-permit changes: Add applicable requirements from site changes New unit New PBR/standard permit Operational flexibility: Remove unit Modify applicable requirements Decrease NSR emission limits.

Renewals/Notifications – Pop Quiz True or False? Renewal application received before permit expiration is always timely. False If site operations have not changed, permit will not change at renewal. False Notifications can be submitted after operating the proposed change. False

SOP Revisions Types Administrative Minor Significant

SOP Revisions Application Describe each change Use appropriate TCEQ forms Identify affected emission units Describe each change Identify affected emission units Use appropriate TCEQ forms

Administrative Revision What changes? When is it due? Procedures? 30 TAC § days after anniversary Operate before issuance

Administrative Revision Process

Minor Revision What changes? When is it due? Procedures? 30 TAC § Before operation Operate before issuance

Minor Revision Process

Significant Revision What changes? When is it due? Procedures? 30 TAC § Before operation Operate after issuance

Significant Revision Process

Revisions – Pop Quiz Yes or No? Can a new engine with NSPS JJJJ requirements be added in a minor revision? Yes Can we grant a permit shield in a minor revision? No Can a Title V revision to incorporate an NSR amendment be issued before the amendment is complete? No

Public Notice Applicant must:  Publish notice  Post signs  Make permit documents available for viewing  Submit public notice documents to TCEQ Applicant Tasks Post Signs Publish Notice Public Viewing Submit Forms

Public Announcement TCEQ publishes announcement online TCEQ posts documents online Public Notices for Minor Permit Revisions. This report lists by applicant all minor permit revisions that are in the 30-day public announcement period.

EPA Review 45-day review period Concurrent with public notice/announcement Stops if comments are received:  Begins again after comments are addressed

Final State Action After EPA review: TCEQ issues permit 60-day public petition period:  EPA may receive valid petition  TCEQ resolves objections  Permit may be modified After EPA review: TCEQ issues permit 60-day public petition period:  EPA may receive valid petition  TCEQ resolves objections  Permit may be modified

Top 10 List – Efficient Permitting Make sure OP-CRO1 is signed by authorized person Use latest form version for all submittals Read and follow form instructions Use flowcharts to validate unit attributes If unsure, ask permit reviewer how to fill out forms or any other questions

Top 10 List – Efficient Permitting Check all portions of the application for consistency Clearly explain changes, especially if no form available Only submit permit shield requests for potentially applicable regulations Provide reasoning for WDP comments Be responsive to permit reviewer

Overview Where Can I Get More Help?

Guidance TCEQ Memos Additional FOP Guidance

Submitting Applications to TCEQ TCEQ APIRT, MC 161 P.O. Box Austin, TX Mail a copy of all applications to the appropriate TCEQ regional office.

Submitting Updates to Applications Under Review [Name of Assigned Permit Reviewer] TCEQ Air Permits Division, MC 163 P.O. Box Austin, TX Mail a copy of all updates to the appropriate TCEQ regional office.

Submitting Info. to EPA Region 6 Air Permits Section (6PD-R) EPA, Region Ross Avenue, Suite 1200 Dallas, Texas Send all applications on a CD Send all application updates to: Identify the permit number

Questions? Air Permits Division (512)