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

2. 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

3. 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

4. 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?

5. 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

6. 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

7. 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