Title V Operating Permits: A Compliance and Enforcement Tool Candace Carraway US Environmental Protection Agency Office of Air Quality Planning and Standards

Major Topics  How title V permits promote compliance and enforcement  Periodic monitoring  Opportunities for public involvement  Resources for permit review 2

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 3

How do Title V Permits Help Enforcement?  Reports and certifications alert permitting agency and public  Permit settles what requirements apply  Agencies must meet EPA standards for fines and criminal penalties 4

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) 5

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 6

Semi-annual Monitoring Reports  Permit requires reports of any required monitoring at least every 6 months  Report must include deviations  States have discretion in how much detail must be provided  Report must be certified 7

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 8

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 9

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 rules, SIP requirements, “voluntary” conditions 10

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 compliance  Monitoring in each permit must be supported by the permit record 11

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 12

Good Monitoring has the 3 R’s  Reliable data  From 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 13

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? 14

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 15

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 16

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 17

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 18

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? 19

Public Availability of Records  Permit application (except confidential business information)  All reports and certifications  Draft and final permit  Correspondence 20

Opportunities for Involvement  Obtain copy of application  Request informal meeting with permitting agency  Review file and draft permit; submit comments  Request and participate in public hearing  Petition EPA to object to the permit if your concerns have not been met 21

Opportunities for Involvement  Challenge the permit in court  Monitor how well the source is performing by reviewing reports and certifications  Litigate to enforce permit terms (or persuade agency to enforce)  Review draft renewal permits every 5 years and all significant modifications 22

Resources for Permit Review  Proof is in the Permit (  Region 9 (Draft) Permit Review Guidelines ( part.html) part.html  Region 7 title V petition data base (  Materials developed by NY Public Interest Group (  CAM Technical Guidance document ( 23

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 24