Title V Operating Permit Program1

Section 1: Intro to Title V

Laura McKelveyU.S. EPA

Major Topics2

Purpose of title V programWho issues permits and howWho needs a permitWhat is included in a title V permitHow permits promote complianceUnique features of title V permits

The Need for Title V 3

Air quality goals were not met Confusion as to what requirements applied to

a facilityExisting rules often lacked monitoringLimited public access and commentWeak compliance oversight Purpose of Title V permit: accountability,

improved compliance and enforcement

Who Issues Title V Permits?4

State and local agenciesEPA in Indian CountryTribes – if they develop a program

and get it approved by EPA

Who has to Get a Title V Permit?5

All major sourcesPlus some non-majorsAround 20,000 major sources nation-

wideCall your permitting agency to see

which sources are getting permitsSee

http://www.epa.gov/airquality/permits/obtain.html

How do Permits Get Issued? 6

Sources must applyPermitting agency prepares draft permitDraft permit is reviewed by public Public hearing may be requestedEPA reviews some State permits and may

veto the permitFinal permit is issued

Permit Applications7

New sources Due within 12 months of starting to

operateSources that have title V permits

Due at least 6 months before 5-year renewal date

Sources that need their permit updated (modified)

What is Included in a Title V Permit8

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 PlanOrigin and authority for each permit termMonitoring, recordkeeping, and reporting

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 formatGeneral conditionsConditions for specific process line or

emissions source

What does a Title V Permit Look Like? (cont.)10

For each process line or emissions source, permit generally hasDescription of process and its

pollution control equipmentEmission limit or other type of limit Monitoring, recordkeeping and

reporting

Handout: Sample excerpt from a permit

11

Section II: Compliance Features of Title V

12

Title V Operating Permit Program

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”

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

How do Title V Permits Help Enforcement?

15

Reports and certifications alert permitting agency and public

Permit settles what requirements apply

Public Availability of Records16

Permit application (except confidential business information)

All reports and certificationsDraft and final permitCorrespondence

Public Involvement During Comment Phase

17

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 period30 days notice prior to public hearing (if

one is held)Record of commenters, issues raised, must

be kept

Opportunities for Involvement19

Obtain copy of applicationRequest informal meeting with permitting

agencyReview file and draft permit; submit

commentsRequest and participate in public hearingPetition EPA to object to the permit if your

concerns have not been met

Petitions to EPA to Object to a Permit20

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

Timeline After Permit is Sent to EPA21

Different Views on Title V22

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

Unique Features of Title V Program23

Statement of BasisPermit ShieldPeriodic MonitoringPetition to Object

Resources for Permit Review24

Proof is in the Permit

www.epa.gov/oar/oaqps/permits/partic/proof.htmlNY Public Interest Research Group materials on

title V www.titlev.orgRegion 9 (Draft) Permit Review Guidelines

http://www.epa.gov/region9/air/permit/titlev-public-part.htmlRegion 7 title V petition data base

http://www.epa.gov/region07/air/index.htm

Summary25

All major sources must have a Title V permitTitle 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