How to target your reviewGenevieve Damico

U.S. EPA(312) 353-4761

damico.genevieve@epa.gov

What should I review in a permit?

Programmatic issuesMonitoringReportingInclusion of regulatory standards

Emission units

BackgroundTitle 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

EvaluationMRR 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 ChartOperational Restriction or Emission Limitation

MonitoringRecordkeeping

Reporting

Testing

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

Questions to AskWould 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 buckUnits subject to pre – 1990 rulesUnits subject to a SIP requirement for which there is no reasonable compliance assurance method specifiedUnits subject to old NSR permitsVoluntary 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

Monitoring

Recordkeeping

Reporting

Testing

30 widgets/ day

3.5 lbs VOC/gal of coating

Keep MSDS Manufacturer will test

4,000 tpy NOx rolled monthly

Monitor SCR temperature

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 violationsIf 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 permitWording changes must not affect the meaning of the requirementConditions should be enforceable as a practical matterProper averaging times and recordkeeping frequencies are to be specifiedPermit shields should be properly applied

Applicable requirements must be properly translated

into the permitDoes the permit contain…

An emission limit or work practice standard for each emission point subject to a standard?Monitoring, recordkeeping and reporting“General Provision” requirementsAll 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 facilityComment on permit shields you believe were given in error

Additional things to look for when reviewing an emission

limitThe emission units subject to the limit are specifically identifiedThe limit is clearly writtenThe 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 requirementThe reference test method is identified

Which of the following is not practically enforceable?

The permittee must regularly change the filters in the baghouseBoiler #1 can emit not more than 39 tons per year of NOx

The emission test shall be conducted while the emissions unit is operating at or near maximum capacity