EEs: A TCEQ EEs: A TCEQ Investigator’s ViewInvestigator’s View

Susan ThompsonSusan Thompson

TCEQ Investigator, Air Program TCEQ Investigator, Air Program Amarillo RegionAmarillo Region

My GoalMy Goal

Focus attention on the most common reasons Focus attention on the most common reasons that ee’s wind up with NOVs and NOEs.that ee’s wind up with NOVs and NOEs. Learn from others’ experiences.Learn from others’ experiences. Your company potentially savesYour company potentially saves

““Administrative Penalties” (=$)Administrative Penalties” (=$) Compliance history “dings” Compliance history “dings”

You earn bragging rights.You earn bragging rights. I don’t have to write as many NOVs and NOEs!I don’t have to write as many NOVs and NOEs! Maybe the air stays a little cleaner.Maybe the air stays a little cleaner.

Why Focus on Violations?Why Focus on Violations?

Ideally, I can share something today that Ideally, I can share something today that you don’t already know.you don’t already know.

(Violations can be a good indicator of (Violations can be a good indicator of things you don’t already know.)things you don’t already know.)

My ExperienceMy Experience

400 separate ee investigations400 separate ee investigations Petroleum Refinery (just over half)Petroleum Refinery (just over half) Natural Gas Processing PlantsNatural Gas Processing Plants Carbon Black PlantsCarbon Black Plants Compressor Stations, Pipelines, Oil & GasCompressor Stations, Pipelines, Oil & Gas Petrochemical PlantPetrochemical Plant Other – Copper Refinery, Fertilizer Plant, Other – Copper Refinery, Fertilizer Plant,

Ethanol Plants, Meatpacking…Ethanol Plants, Meatpacking…

Results from 400 EE’sResults from 400 EE’s 44 NOEs44 NOEs 22 NOVs22 NOVs (Together, that’s roughly 1 in 6 ee’s.)(Together, that’s roughly 1 in 6 ee’s.) Yes, NOEs are more likely than NOVs in Yes, NOEs are more likely than NOVs in

my experience.my experience. NOE is triggered any time there is an NOE is triggered any time there is an

emission of a pollutant for which the site is a emission of a pollutant for which the site is a major source, in a quantity greater than 15% major source, in a quantity greater than 15% of the allowable.of the allowable.

““Affirmative Defense”Affirmative Defense”

Your opportunity to persuade the TCEQ Your opportunity to persuade the TCEQ that:that: The ee couldn’t have been prevented or The ee couldn’t have been prevented or

avoided.avoided. The consequences of the ee were minimized The consequences of the ee were minimized

as much as possible.as much as possible. AllAll reporting requirements were met. reporting requirements were met.

Making Your CaseMaking Your Case

Primarily, this is accomplished by Primarily, this is accomplished by STEERS report.STEERS report.

Secondarily, it might be accomplished Secondarily, it might be accomplished with a *timely* response to a request for with a *timely* response to a request for additional information from a TCEQ additional information from a TCEQ investigator.investigator.

Stats on Why Aff. Def. Stats on Why Aff. Def. LostLost

Reporting reasons ONLY – 36%Reporting reasons ONLY – 36% ““On the Ground” reasons ONLY – 32%On the Ground” reasons ONLY – 32% Combination of Reporting and “On the Combination of Reporting and “On the

Ground” reasons – 32%Ground” reasons – 32%

Most Common Reason for Most Common Reason for Not Meeting Aff. Def. Not Meeting Aff. Def. Crit.Crit.

Reporting ErrorsReporting Errors That’s actually GREAT news for you, That’s actually GREAT news for you,

today, because that’s almost always today, because that’s almost always something you can fix.something you can fix.

#1 Reporting Error#1 Reporting Error

Late Initial NotificationLate Initial Notification This was cited on 20/66 NOVs/NOEs.This was cited on 20/66 NOVs/NOEs.

Tip: If STEERS is giving you problems, take Tip: If STEERS is giving you problems, take a screen shot, and fax in the form instead.a screen shot, and fax in the form instead.

Tip: Understand that the 24 hour clock starts Tip: Understand that the 24 hour clock starts when someone in your company (or a when someone in your company (or a contractor) knows or should have known that contractor) knows or should have known that something happened that might cause more something happened that might cause more emissions than usual.emissions than usual.

#2 Reporting Error#2 Reporting Error

Not identifying each individual compoundNot identifying each individual compound That reaches RQ on the initial.That reaches RQ on the initial. That is emitted on the final. (I.e. include ALL That is emitted on the final. (I.e. include ALL

compounds emitted on the final.)compounds emitted on the final.)

This was cited on 18/66 NOVs/NOEs.This was cited on 18/66 NOVs/NOEs.

Tip for #2Tip for #2

Understand that “VOC” or “PM” is Understand that “VOC” or “PM” is generally not an acceptable way to report generally not an acceptable way to report emissions for §101 purposes.emissions for §101 purposes.

(Even though your §116 permit may very (Even though your §116 permit may very well refer to “VOC” or “PM” on its well refer to “VOC” or “PM” on its maximum allowable emission rates table maximum allowable emission rates table (Maert).)(Maert).)

Another Tip for #2Another Tip for #2

Carefully read the definition of RQ to Carefully read the definition of RQ to understand which mixtures are understand which mixtures are acceptable to report (e.g. natural gas acceptable to report (e.g. natural gas excluding methane, ethane, etc.)excluding methane, ethane, etc.)

Yet Another Tip for #2Yet Another Tip for #2

Understand when it is acceptable to lump Understand when it is acceptable to lump several compounds together as “other”; several compounds together as “other”; read 30 TAC §101.201(b)(1)(G).read 30 TAC §101.201(b)(1)(G).

You can lump all compounds as “other” You can lump all compounds as “other” for which BOTH of these things are true:for which BOTH of these things are true: The RQ is 100 lbs or more.The RQ is 100 lbs or more. Less than 10 lbs was released in a 24-hour Less than 10 lbs was released in a 24-hour

period.period.

And One More Tip for #2And One More Tip for #2

If the trigger for reporting was opacity…If the trigger for reporting was opacity… Remember to consider what substance Remember to consider what substance

caused the opacity, and whether caused the opacity, and whether emissions of that substance are emissions of that substance are authorized.authorized. If unauthorized, include the emissions of that If unauthorized, include the emissions of that

substance on the final report!substance on the final report!

If the If the OnlyOnly Thing You Thing You Take Home From This Take Home From This Talk…Talk…

Is to do what you need to do to always Is to do what you need to do to always report within 24 hours and to speciate all report within 24 hours and to speciate all emissions correctly…emissions correctly…

Then you have cut your odds at getting Then you have cut your odds at getting an ee-related NOV/NOE by more than an ee-related NOV/NOE by more than half.half.

#3 Reporting Error#3 Reporting Error

Late final reportLate final report This was cited on 5/66 NOVs/NOEs.This was cited on 5/66 NOVs/NOEs. Tip: Understand that the 2 week Tip: Understand that the 2 week

countdown starts the day the emissions countdown starts the day the emissions event ENDS.event ENDS.

Keep track of time.Keep track of time.

#4 Reporting Error#4 Reporting Error

Not identifying (in any way, neither by Not identifying (in any way, neither by common name nor EPN) the facilities common name nor EPN) the facilities involved in the emissions event on the involved in the emissions event on the final report.final report.

Tip: Less detailed information may be Tip: Less detailed information may be acceptable on the initial notification, but acceptable on the initial notification, but give the specifics on everything you know give the specifics on everything you know on the final report.on the final report.

Other Reporting ErrorsOther Reporting Errors

Missing or highly erroneous quantitiesMissing or highly erroneous quantities Insufficient detail on final report (e.g. not Insufficient detail on final report (e.g. not

including the best known cause at the including the best known cause at the time of reporting)time of reporting)

Incorrect authorized emissions limit (Tip: Incorrect authorized emissions limit (Tip: this is NOT the same as RQ!)this is NOT the same as RQ!)

Failure to respond adequately to a TCEQ Failure to respond adequately to a TCEQ request for additional informationrequest for additional information

““On the Ground” Reasons On the Ground” Reasons for Losing Aff. Def.for Losing Aff. Def.

Usually fall into these categories:Usually fall into these categories: Operator errorOperator error Sub-standard Maintenance PracticesSub-standard Maintenance Practices Inadequate design or engineering practicesInadequate design or engineering practices

These things are more challenging to These things are more challenging to solve from the position of an solve from the position of an Environmental Manager. Stuff happens.Environmental Manager. Stuff happens.

Some “On the Ground” Some “On the Ground” Reasons You Might Be Reasons You Might Be Able to InfluenceAble to Influence

Writing “Unknown Cause” on the Final Writing “Unknown Cause” on the Final ReportReport

Company’s written checklist of things to Company’s written checklist of things to do during flaring overlooked 1 unitdo during flaring overlooked 1 unit

Analyzer operating correctly but Analyzer operating correctly but everyone assumed it was malfunctioningeveryone assumed it was malfunctioning

More Examples to More Examples to ConsiderConsider

Listing weather-related cause (too cold, hot, Listing weather-related cause (too cold, hot, windy, high rate of rainfall, snow drifts) when windy, high rate of rainfall, snow drifts) when the weather falls within what can be the weather falls within what can be reasonably anticipated to occurreasonably anticipated to occur

Timing/convergence of several routine Timing/convergence of several routine maintenance activities can cause an eemaintenance activities can cause an ee

Type of valve chosen for design created a Type of valve chosen for design created a “stagnant zone” in horizontal piping which led “stagnant zone” in horizontal piping which led to corrosionto corrosion

More Examples to More Examples to ConsiderConsider

Temporary scaffolding placed in such a Temporary scaffolding placed in such a way as to interfere with proper bar level way as to interfere with proper bar level gauge operationgauge operation

Graphics display not correctly modified Graphics display not correctly modified after commissioning of new unitafter commissioning of new unit

Over-applied steam to flareOver-applied steam to flare

Time for Your QuestionsTime for Your Questions