Updating Title V Post Permit Forms Joseph A. Janecka, P.E., Air Program Liaison Field Operations Support Division TCEQ

What Forms? You ask Permit Compliance Certification – “PCC”: also sometimes referred to as “Annual Compliance Certification.” Supports Chapter 122, § Permit Compliance Certification – “PCC”: also sometimes referred to as “Annual Compliance Certification.” Supports Chapter 122, § Semiannual Deviation Report – “DevRpt”: Supports Chapter 122, § Semiannual Deviation Report – “DevRpt”: Supports Chapter 122, §

Plan for Update Current needs identified - complete Current needs identified - complete Management approval - complete Management approval - complete Schedule for completion: Goal – 2008 Trade Fair Schedule for completion: Goal – 2008 Trade Fair Public Participation: Stakeholder meetings Austin March 13, Houston March 19, Midland April 1 Public Participation: Stakeholder meetings Austin March 13, Houston March 19, Midland April 1

Update Needs Currently Identified Typos, Reference to “TNRCC”, “DRAFT” watermark, etc. Typos, Reference to “TNRCC”, “DRAFT” watermark, etc. Incorporate Central Registry Requirements Incorporate Central Registry Requirements Restructure to mimic Air Permits Division (APD) application forms Restructure to mimic Air Permits Division (APD) application forms Relocate web site links and information from APD to Office of Compliance and Enforcement (OCE) Field Operations web page Relocate web site links and information from APD to Office of Compliance and Enforcement (OCE) Field Operations web page

Current Update Needs (cont’d) Ensure compliance with the Agency’s forms procedures Ensure compliance with the Agency’s forms procedures Ability to refer to reportable emissions events quickly and efficiently Ability to refer to reportable emissions events quickly and efficiently Provide for credible evidence Provide for credible evidence Explore the need for CAIR and CAMR certifications Explore the need for CAIR and CAMR certifications Request copy of DevRep to US EPA Request copy of DevRep to US EPA

New Look – But Familiar Look Restructure the forms to that similar to Air Operating Permits applications: Restructure the forms to that similar to Air Operating Permits applications: Form Form Instructions Instructions Guidance Guidance Forms and Instructions are managed and subject to Agency forms policy and procedure. Guidance is not. Forms and Instructions are managed and subject to Agency forms policy and procedure. Guidance is not.

Other Updates Needs Expand the breadth and depth of examples in guidance: Expand the breadth and depth of examples in guidance: Make sure what we have is current Make sure what we have is current Include more examples that best explain questions that have arisen since the older forms versions Include more examples that best explain questions that have arisen since the older forms versions

And Finally… Discuss and develop a process to minimize time between form updates, if needed Discuss and develop a process to minimize time between form updates, if needed Promote a better understanding between regulated entities, Field Operations, and other stakeholders on how these forms are used. Promote a better understanding between regulated entities, Field Operations, and other stakeholders on how these forms are used.

Emission Events Definition: Definition: Emissions event--Any upset event or unscheduled maintenance, startup, or shutdown activity, from a common cause that results in unauthorized emissions of air contaminants from one or more emissions points at a regulated entity. All emissions events ARE deviations. Therefore: All emissions events ARE deviations.

How Compliance Certification Periods May Vary Compliance Certifications at least every 12 months Compliance Certifications at least every 12 months Certifications must be continuous. Certifications must be continuous. Compliance period start date defined by one of three events: Compliance period start date defined by one of three events: Initial Permit issuance date Initial Permit issuance date End of previous compliance period End of previous compliance period Change of Ownership: Purchaser Change of Ownership: Purchaser

How Compliance Certification Periods May Vary Compliance period end date defined by earliest of three events: Compliance period end date defined by earliest of three events: 12 months since last compliance certification 12 months since last compliance certification Change of ownership: Seller Change of ownership: Seller Void Permit Void Permit Or, the permit holder may define a shorter period voluntarily Or, the permit holder may define a shorter period voluntarily

How Compliance Certification Periods May Vary The Compliance Certification submission deadline is based on the end date of the reporting period. Not 12 months. The Compliance Certification submission deadline is based on the end date of the reporting period. Not 12 months.

Recent Guidance: Deviations How to document the following examples of “continuous” non-compliance: How to document the following examples of “continuous” non-compliance: Exceedance of permit emission allowables Exceedance of permit emission allowables Construction and/or operation without authorization Construction and/or operation without authorization Enter one line, include start date/time and end date/time. Enter one line, include start date/time and end date/time. Enter Number of deviations = 1 Enter Number of deviations = 1

Recent Guidance: Deviations Question: What would be considered “reasonable inquiry” for discovery or use of credible evidence (by the permit holder)? Question: What would be considered “reasonable inquiry” for discovery or use of credible evidence (by the permit holder)? Please note we are merely providing examples of reasonable inquiry, but not completely defining the term. Please note we are merely providing examples of reasonable inquiry, but not completely defining the term.

Credible Evidence through Reasonable Inquiry Answer 1 - Multiple rules for same unit and pollutant/requirement: Answer 1 - Multiple rules for same unit and pollutant/requirement: A deviation for the same unit and pollutant, where the measured exceedance, lack of required work practice, or unauthorized or prohibited activities or operations in one rule that would constitute a deviation of another rule. A deviation for the same unit and pollutant, where the measured exceedance, lack of required work practice, or unauthorized or prohibited activities or operations in one rule that would constitute a deviation of another rule.

Credible Evidence through Reasonable Inquiry Answer 2 - Emission events at same unit and pollutant, including cause: Answer 2 - Emission events at same unit and pollutant, including cause: Any emission event resulting in a measured exceedance, or indicative of a lack of required work practice, or unauthorized or prohibited activities or operations would constitute a deviation of rule for the same unit and pollutant. Any emission event resulting in a measured exceedance, or indicative of a lack of required work practice, or unauthorized or prohibited activities or operations would constitute a deviation of rule for the same unit and pollutant.

Questions on any of the information so far presented?

And now, let me show you a few more prepared/common issues before we move into open discussion (Referring to prepared documents)