How To Target Your Review

Genevieve DamicoU.S. EPA

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What should I review in a permit?

Programmatic issues Monitoring Reporting Inclusion of regulatory standards

Emission units

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Background Title V requires

monitoring, Recordkeeping reporting (MRR) to assure compliance

Practically enforceable permit limitations include MRR that reasonably demonstrate compliance.

Note: There is some debate as to whether Title V can require additional monitoring

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Evaluation

MRR and testing work together. Important to evaluate these aspects of permit holistically

Frequency of MRR should be appropriate to measure compliance with Emission limitations Operational restrictions

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Evaluation ChartOperational Restriction or Emission Limitation

Monitoring Recordkeeping Reporting Testing

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Considerations

Are emission factors appropriate? Is the emissions test performed

“periodically”? Is the data collected reliable?

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Questions To Ask Would permittee, permitting authority,

and I have sufficient information to measure compliance?

Is frequency of MRR sufficient to determine compliance?

Do I have access to results of MRR and testing?

Does permit contain all required MRR and testing requirements from Federal rules and SIP?

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Best Bang for the Buck

Units subject to pre–1990 rules Units subject to SIP requirement for

which no reasonable compliance assurance method is specified

Units subject to old NSR permits Voluntary terms created in Title V

permit

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Before Making Comments

List areas you feel are insufficient for measuring compliance; make suggestions for practically enforceable MRR and testing

List applicable MRR and testing from Federal rules and SIP; cite corresponding rules

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Evaluation ChartOperational Restriction or Emission Limitation

Monitoring Recordkeeping Reporting Testing

30 widgets/ day

3.5 lbs VOC/gal of coating

Keep MSDS Manufac-turer 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

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Why is it important to develop an enforceable Title V permit?

If an applicable requirement was missing from permit, facility may argue they are not liable for potential violations

If a condition is written unclearly and ambiguously, facility may argue they followed condition based on their interpretation

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Why is it important to develop an enforceable Title V permit? (cont.)

Source may lack sufficient monitoring, recordkeeping, or reporting to determine compliance

Conditions in permit might prevent enforcement by EPA and state agencies

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Ensuring Practical Enforceability

Applicable requirements must be properly translated into permit

Wording changes must not affect meaning of requirement

Conditions should be enforceable as a practical matter

Proper averaging times and recordkeeping frequencies should be specified

Permit shields should be properly applied

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Applicable Requirements Must Be Properly Translated Into Permit

Does the permit contain… An emission limit or work-practice

standard for each emission point subject to a standard?

Monitoring, recordkeeping and reporting “General Provision” requirements All pre-construction permit requirements

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Wording Changes Must Not Affect Meaning of Requirement

Credible evidence Enforcement authority can use “any and all

information” Wording changes that change

requirements to something less stringent

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Enforceable as a Practical Matter

If an inspector were to visit facility, would s/he be able to easily determine if facility is in compliance?

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Proper Averaging Times and Recordkeeping Frequencies Are Specified

Make sure averaging time is specified (e.g., 15 ppm over 24-hr period)

Frequency of recordkeeping corresponds to averaging time

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Permit Shields Should Be Properly Applied

Title V permit should explicitly state that a condition is not applicable to the facility

Comment on permit shields you believe were given in error

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Additional Considerations when Reviewing an Emission LimitEnsure that Emission units subject to limit are specifically

identified Limit is clearly written Reference diluent concentration is included (ex:

15% O2) Source is required to comply with limit at all

times unless exceptions are specifically allowed for by applicable requirement

Reference test method is identified

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Which of the following is not practically enforceable?

Permittee must regularly change filters in baghouse

Boiler #1 can emit not more than 39 tons per year of NOx

Emission test shall be conducted while emissions unit is operating at or near maximum capacity

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Which of the following is “credible evidence buster” language?

Monitoring methods specified in this permit are sole means by which compliance with associated limit is determined

Compliance with emissions limit shall be determined by test method X

Reference test method results supercede parametric monitoring data