1. Title V Review
DJ Law
US EPA Region 8

2. Overview Know your process
Permit isn’t always the most important document
Permit size shouldn’t be scary

3. The Process – Why is it important?
No two permitting agencies will use the same permit style
US EPA
State of Colorado
All techniques used apply to any kind of permit review

4. My Review Process – Permit isn’t most important
Goal of reviewing permit is to understand what is in it and why
Permit itself can be confusing
Statement of Basis – Narrative form
Much better for Who/What/Where/When/Why

5. Example – US EPA Permit

6. Same Thing - SoB

7. Starting Point Read Statement of Basis FIRST!
It should
Give clearest description of source and its permitting history
Give reasons why permit is being issued
Discuss why a particular regulation is included, or not included, in the permit
Every item discussed in SoB should have corresponding section in permit

8. The Permit – What To Look For
Permits can be hefty documents
CDPHE Permit – 81 pages, 12 Emission Units
EPA Permit – 35 pages, 4 Emission Units
Proposed CDPHE Suncor Refinery Permit – 230 pages not counting Appendices
That is only for Plants 1 and 3. It doesn’t include the Title V permit for Plant 2, at 196 pages

9. The Approach – Making it Bite-Sized
The key is “Specific” – this is what makes the permit unique

10. EPA Permit -Table of Contents

11. CDPHE - Table of Contents

12. Permit Is Now Manageable
Terms and conditions specific to units at facility
EPA Permit – 7 pages out of 35 pages
CDPHE Permit – 20 pages out of 81pages
This is where you should find limitations, testing, monitoring, and reporting required for emission units at facility, as described in SoB
State rules for that equipment
NSPS requirements
MACT requirements
Requirements from other construction permits (BACT)

13. What about the rest?
Boilerplate – Regulations that apply to every facility that obtains a Title V permit
Should be identical for all sources within permitting authority’s jurisdiction
Non-site-specific regulations
Acid Rain
Alternative Operating Requirements
Permit Shield
Administrative Requirements
State-Specific Regulations
It’s all still important but isn’t “specific” to this facility

14. Does A + B = C?
What is discussed in SoB should show up somewhere in Permit Specific requirements
“Boilerplate” typically isn’t discussed in SoB
If it doesn’t, or isn’t clear, worth commenting about
Public is generally the least knowledgeable about environmental regulation. If public is confused about requirements or conditions, typically permitting authority can rewrite permit to make it clearer

15. Should A + B = C?
Requires working knowledge of environmental regulation and working knowledge of source operations
Best place to start is Permit Application
Typically not found as part of an “online” record. Must formally request, or visit location of physical permit record
Other resources include inspection reports, AP-42 process descriptions, NSPS and MACT background documents, etc.

16. Final Points Develop your own personal system for permit review
Don’t be discouraged by size of documents. Break permit into manageable parts
Don’t expect to know everything at once

17. Last Rule When you are still confused about a condition…CALL!
Every permit public notice should have a contact name/number for engineer who wrote permit
Best source to determine intent of section that is troubling you