How To Target Your Review Genevieve Damico U.S. EPA

What should I review in a permit? Programmatic issues Monitoring Reporting Inclusion of regulatory standards Emission units

Background Title V requires monitoring, Recordkeeping reporting (MRR) to assure compliance Practically enforceable permit limitations include MRR that reasonably demonstrate compliance. Note: There is some debate as to whether Title V can require additional monitoring

Evaluation MRR and testing work together. Important to evaluate these aspects of permit holistically Frequency of MRR should be appropriate to measure compliance with Emission limitations Operational restrictions

Evaluation Chart Operational Restriction or Emission Limitation Monitoring Recordkeeping Reporting Testing

Considerations Are emission factors appropriate? Is the emissions test performed “periodically”? Is the data collected reliable?

Questions To Ask Would permittee, permitting authority, and I have sufficient information to measure compliance? Is frequency of MRR sufficient to determine compliance? Do I have access to results of MRR and testing? Does permit contain all required MRR and testing requirements from Federal rules and SIP?

Best Bang for the Buck Units subject to pre–1990 rules Units subject to SIP requirement for which no reasonable compliance assurance method is specified Units subject to old NSR permits Voluntary terms created in Title V permit

Before Making Comments List areas you feel are insufficient for measuring compliance; make suggestions for practically enforceable MRR and testing List applicable MRR and testing from Federal rules and SIP; cite corresponding rules

Evaluation Chart Operational Restriction or Emission Limitation Monitoring Recordkeeping Reporting Testing 30 widgets/ day 3.5 lbs VOC/gal of coating Keep MSDS Manufac- turer will test 4,000 tpy NOx rolled monthly Monitor SCR temperature Amount of fuel burned Report deviations No greater than 30% opacity Do method 9 monthly Evaluation Chart

Why is it important to develop an enforceable Title V permit? If an applicable requirement was missing from permit, facility may argue they are not liable for potential violations If a condition is written unclearly and ambiguously, facility may argue they followed condition based on their interpretation

Why is it important to develop an enforceable Title V permit? (cont.) Source may lack sufficient monitoring, recordkeeping, or reporting to determine compliance Conditions in permit might prevent enforcement by EPA and state agencies

Ensuring Practical Enforceability Applicable requirements must be properly translated into permit Wording changes must not affect meaning of requirement Conditions should be enforceable as a practical matter Proper averaging times and recordkeeping frequencies should be specified Permit shields should be properly applied

Applicable Requirements Must Be Properly Translated Into Permit Does the permit contain… An emission limit or work-practice standard for each emission point subject to a standard? Monitoring, recordkeeping and reporting “General Provision” requirements All pre-construction permit requirements

Wording Changes Must Not Affect Meaning of Requirement Credible evidence Enforcement authority can use “any and all information” Wording changes that change requirements to something less stringent

Enforceable as a Practical Matter If an inspector were to visit facility, would s/he be able to easily determine if facility is in compliance?

Proper Averaging Times and Recordkeeping Frequencies Are Specified Make sure averaging time is specified (e.g., 15 ppm over 24-hr period) Frequency of recordkeeping corresponds to averaging time

Permit Shields Should Be Properly Applied Title V permit should explicitly state that a condition is not applicable to the facility Comment on permit shields you believe were given in error

Additional Considerations when Reviewing an Emission Limit Ensure that Emission units subject to limit are specifically identified Limit is clearly written Reference diluent concentration is included (ex: 15% O2) Source is required to comply with limit at all times unless exceptions are specifically allowed for by applicable requirement Reference test method is identified

Which of the following is not practically enforceable? Permittee must regularly change filters in baghouse Boiler #1 can emit not more than 39 tons per year of NOx Emission test shall be conducted while emissions unit is operating at or near maximum capacity

Which of the following is “credible evidence buster” language? Monitoring methods specified in this permit are sole means by which compliance with associated limit is determined Compliance with emissions limit shall be determined by test method X Reference test method results supercede parametric monitoring data