Practically Enforceable Permit Conditions Ray Vogel U.S. EPA/OAQPS

Practical Enforceability Purpose is to make sure permit limits are Clear as to who limit applies to Clear as to when compliance is required Short-term, so that compliance can be determined relatively quickly Clear as to what standard a source must meet Clear as to how compliance is to be determined

Practical Enforceability: Example 1 “The operator shall maintain adequate records, as determined by the Director.” Not practically enforceable No standard on “adequate?” Director, not EPA or citizens, has sole discretion to determine if records are adequate

Practical Enforceability: Example 2 “The operator shall take corrective action if parameters are significantly out of range.” Problem: vague and subjective How is “significantly out of range” determined? By whom? What kind of corrective action?

Limits on Potential to Emit (PTE) PTE limits must be practically enforceable Short-term (monthly or rolled monthly) Limit operation or production, if source has capacity to emit at major source levels Recordkeeping to verify compliance

Unenforceable PTE Limits: Example 1 Plant capable of emitting 300 tpy of CO has only a 249 tpy emission limitation Problems: annual limit, no limit on operation or production, no recordkeeping Step 1: Impose a monthly limit on hours of operation or production which, when multiplied by CO emission rate, = 249 tpy Step 2: Require recordkeeping to verify compliance with operation/production limit

Unenforceable PTE Limits: Example 2 Plant with rock crusher, permit limits: 0.05 gr PM/dscf; fabric filter must be used and operated at 99% efficiency Problem: does not specify means of determining % efficiency Correction: periodic testing and monitoring of fabric filter to ensure 99% efficiency is achieved