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Background Title 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
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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
Monitoring Recordkeeping
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 ChartOperational Restriction or Emission Limitation
Monitoring
Recordkeeping
Reporting Testing
30 widgets/ day3.5 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
