How to target your review Genevieve Damico U.S. EPA (312)

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

Background Title V requires monitoring, recordkeeping, and reporting (MRR) to assure compliance. Practically enforceable permit limitations include MRR that reasonably demonstrate compliance. Note: The ability for Title V to require additional monitoring is the subject of some debate

Evaluation MRR and testing work together. It is important to evaluate these aspects of the permit holistically. The frequency of the MRR should be appropriate to measure compliance with the emission limitations and operational restrictions.

Evaluation Chart Operational Restriction or Emission Limitation MonitoringRecordkeepingReportingTesting

Some things to consider Are emission factors appropriate? Is the emissions test performed “periodically”? Is the data collected reliable?

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

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

What you need to make comments List the areas you feel are not sufficient to measure compliance and suggestions for practically enforceable MRR and testing. List the MRR and testing that you feel are applicable from Federal rules and the SIP and the corresponding rule citation.

Evaluation Chart Operational Restriction or Emission Limitation MonitoringRecordkeepingReportingTesting 30 widgets/ day 3.5 lbs VOC/gal of coating Keep MSDSManufact urer will test 4,000 tpy NO x rolled monthly Monitor SCR temperatu re Amount of fuel burned Report deviations No greater than 30% opacity Do method 9 monthly

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

Why is it important to develop an enforceable Title V permit? The source may not have sufficient monitoring, recordkeeping, or reporting to determine if it is in compliance There may be conditions in the permit that prevent enforcement by the EPA and state agencies

Items to look for to ensure practical enforceability Applicable requirements must be properly translated into the permit Wording changes must not affect the meaning of the requirement Conditions should be enforceable as a practical matter Proper averaging times and recordkeeping frequencies are to be specified Permit shields should be properly applied

Applicable requirements must be properly translated into the 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

Enforceable as a practical matter If an inspector were to visit a facility, would s/he be able to easily determine if the facility is in compliance

Proper averaging times and recordkeeping frequencies are specified Make sure an averaging time is specified (ex: 15 ppm over a 24-hr period) Frequency of recordkeeping corresponds to the 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 things to look for when reviewing an emission limit The emission units subject to the limit are specifically identified The limit is clearly written The reference diluent concentration is included (ex: 15% O2) The source is required to comply with the limit at all times unless exceptions are specifically allowed for by the applicable requirement The reference test method is identified

Which of the following is not practically enforceable? The permittee must regularly change the filters in the baghouse Boiler #1 can emit not more than 39 tons per year of NO x The emission test shall be conducted while the emissions unit is operating at or near maximum capacity