1. Title V Operating Permit Program 1 Section 1: Intro to Title V Laura McKelvey U.S. EPA

2. Major Topics 2 Purpose of title V program Who issues permits and how Who needs a permit What is included in a title V permit How permits promote compliance Unique features of title V permits

3. The Need for Title V 3 Air quality goals were not met Confusion as to what requirements applied to a facility Existing rules often lacked monitoring Limited public access and comment Weak compliance oversight Purpose of Title V permit: accountability, improved compliance and enforcement

4. Who Issues Title V Permits? 4 State and local agencies EPA in Indian Country Tribes – if they develop a program and get it approved by EPA

5. Who has to Get a Title V Permit? 5 All major sources Plus some non-majors Around 20,000 major sources nation-wide Call your permitting agency to see which sources are getting permits See http://www.epa.gov/airquality/permits/obt ain.html

6. How do Permits Get Issued? 6 Sources must apply Permitting agency prepares draft permit Draft permit is reviewed by public Public hearing may be requested EPA reviews some State permits and may veto the permit Final permit is issued

7. Permit Applications 7 New sources  Due within 12 months of starting to operate Sources that have title V permits  Due at least 6 months before 5-year renewal date Sources that need their permit updated (modified)

8. What is Included in a Title V Permit 8 All applicable requirements including  Requirements from federal standards, such as  Maximum Achievable Control Technology Standards  New Source Performance Standards  Terms and conditions from New Source Review permits  Conditions from State Implementation Plan Origin and authority for each permit term Monitoring, recordkeeping, and reporting

9. What does a Title V Permit Look like? 9 Can be quite long (85-100 pages for a medium size permit) Statement of basis States choose the format General conditions Conditions for specific process line or emissions source

10. What does a Title V Permit Look Like? (cont.) 10 For each process line or emissions source, permit generally has  Description of process and its pollution control equipment  Emission limit or other type of limit  Monitoring, recordkeeping and reporting

11. Handout: Sample excerpt from a permit 11

12. Section II: Compliance Features of Title V 12 Title V Operating Permit Program

13. How do Title V Permits Promote Compliance? 13 Title V Permits Roll all applicable requirements into one document Add source-specific monitoring (sometimes)  Monitoring means collecting and using data on emissions or other information about the operation of a process or pollution control device  Each permit limit or condition needs monitoring “sufficient to assure compliance”

14. How do Title V Permits Promote Compliance? 14 Add reporting  Prompt reporting of deviations  Semi-annual monitoring reports  Annual certifications Allow greater access to records Are federally enforceable

15. How do Title V Permits Help Enforcement? 15 Reports and certifications alert permitting agency and public Permit settles what requirements apply

16. Public Availability of Records 16 Permit application (except confidential business information) All reports and certifications Draft and final permit Correspondence

17. Public Involvement During Comment Phase 17

18. Minimum Requirements for Public Involvement 18 Minimum requirements for notice of draft permit  Newspaper notice  Creation of mailing list to provide notice  Other means necessary to notify affected public 30 day public comment period 30 days notice prior to public hearing (if one is held) Record of commenters, issues raised, must be kept

19. Opportunities for Involvement 19 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

20. Petitions to EPA to Object to a Permit 20  EPA must object to a permit if it is not in compliance with the requirements of title V  E.g., does not include all applicable requirements or does not assure compliance with applicable requirements Anyone who commented on the permit can petition EPA to object to a permit If EPA objects to the permit, permit cannot be issued  If permitting authority fails to revise the permit, EPA will issue or deny a permit

21. Timeline After Permit is Sent to EPA 21

22. Different Views on Title V 22 Increases industry’s costs and risk of discovering (and having to report) violations Some States  Welcome the extra monitoring and compliance  Think its just a bunch of paperwork Environmentalists love the accountability, extra monitoring, better access to information

23. Unique Features of Title V Program 23 Statement of Basis Permit Shield Periodic Monitoring Petition to Object

24. Resources for Permit Review 24 Proof is in the Permit www.epa.gov/oar/oaqps/permits/partic/proof.html NY Public Interest Research Group materials on title V www.titlev.org Region 9 (Draft) Permit Review Guidelines http://www.epa.gov/region9/air/permit/titlev-public- part.html Region 7 title V petition data base http://www.epa.gov/region07/air/index.htm

25. Summary 25 All major sources must have a Title V permit Title V permits improve compliance and enforcement by  Including all applicable requirements  Adding monitoring (sometimes)  Reports and certifications  Public access to documents Public review makes for better permits