TITLE V COMPLIANCE CERTIFICATION AND DEVIATION REPORTING
Annette Maxwell and Erica Solis Office of Compliance and
Enforcement May 5, 2015
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Brief discussion of history and scope Review of compliance
documents Investigation process Introduction
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1977 Clean Air Act Established New Source Review (NSR)
permitting Construction and major modification of facilities 1990
Clean Air Act Amendments Established Title V permitting Federal
operating permits Title 40 Code of Federal Regulations (CFR) Part
70 Title 30 Texas Administrative Code (TAC) Chapter 122 Clean Air
Act
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Includes all applicable air requirements Federal standards 40
CFR 60 (NSPS), 40 CFR 61 (NESHAP), 40 CFR 63 (MACT), etc. State
standards 30 TAC 111 (visible emissions), 30 TAC 117 (nitrogen
oxides), etc. NSR authorizations Case-by-case permit, standard
permit, permit by rule Title V Operating Permit
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Two common types: Site Operating Permit (case-by-case) General
Operating Permit (cover similar sites) In general, they prescribe
Monitoring requirements Recordkeeping and reporting requirements
Compliance plans for emission units not in compliance with
applicable requirements Title V Operating Permits
Slide 6
All permits have a general recordkeeping requirement: 30 TAC
106.8(c)(2) [Permits by Rule] 30 TAC 116.115(b)(E) [NSR Permits] 30
TAC 122.144 [Title V Permits] Additional Recordkeeping
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My Title V permit has been issued. Now what?
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Start date is either The permit issuance date, or The day after
the end date of the previous reporting period End date is Start
date + 6 months - one day for deviation reports Start date + 12
months - one day for PCC Note that the deviation reporting period
will not be exactly 180 days, for example: Jan 1 to June 30 = 181
days (182 days on leap years) July 1 to December 31 = 184 days
Reporting Period Calculation
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Actions that do not change compliance period dates: Permit
revisions Permit renewals Change in ownership Actions that do
change compliance period dates: Permit revocation* Permit
termination* Permit reissuance (restarts the compliance period)
30-day submission period begins on last day of PCC and/or DevRep
period * end date compliance period unless otherwise formally laid
out in an Agreed Order or other order of the commission or EPA
Reporting Period Calculation, continued
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You can change your reporting period, but remember: Never
exceed 6 months for deviation reports and 12 months for permit
compliance certification Account for every day (no gaps) No
deviation report is required if there were no deviations to report
during the reporting period A PCC is required at least annually
regardless of whether or not deviations occurred Things to
Remember
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30 TAC 122.10(6) defines deviation as: Any indication of
noncompliance with a term or condition of the permit as found using
compliance method data from monitoring, recordkeeping, reporting,
or testing required by the permit and any other credible evidence
or information. What is a deviation?
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Most deviations will become alleged violations upon further
review Is a deviation always a violation? ViolationNot a violation
Operating parameters outside the permitted range (Ex: flare pilot
outage, thermal oxidizer temp, scrubber pH) Non-reportable
emissions events that include all records under 30 TAC 101.201
Missing recordsDeviations properly disclosed under the
Environmental, Health, and Safety Audit Privilege Act Missing
reportsPreviously cited violations
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The permit holder has an obligation to report deviations Not
reporting a deviation is itself a deviation that must be reported
separately Things to consider
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Part 1: Include all instances of deviations Separately list all
deviations even if they are caused by a single event Include cause
of deviation Include corrective action taken Filling out the
Deviation Report
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Part 2: This part is optional Use of Part 2 streamlines the
investigation process Include non-reportable emissions events
(those not required to be reported within 24 hours of discovery per
30 TAC 101.201) Includes all information required under Part 1
except STEERS incident number Deviation Report Form Part 2
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Can be used to demonstrate either compliance or noncompliance
Credible evidence examples: Indication of noncompliance from
monitoring methods of one rule that can be appropriately applied to
another rule Credible citizen collected evidence Findings from TCEQ
investigations Emissions events Must meet Texas Rules of Evidence
Credible Evidence
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Part 3: This part is optional Used to report monitoring or
credible evidence If the permit requirements indicate non-
compliance, but other evidence/monitoring shows compliance
Deviation Report Form Part 3
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Purpose: to certify compliance with an issued operating permit
Submit a copy to: The appropriate TCEQ Regional Office EPA, Region
6 Permit Compliance Certification Form
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Part 1: Certification Yes indicates that all deviations are
accounted for Indicate whether deviations occurred Previously
reported in compliance period Use Part 2 Currently reported with
PCC Attach DevRep Form PCC Part 1
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Identifies deviation reports made during the certification
period Include the six-month deviation reports Include any
additional reports, for example: Deviation reports due to change of
ownership Re-submittal of corrected deviation reports Other
reports/documents used to declare deviations PCC Part 2
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Specifies a monitoring method when the permit contains
monitoring options and it cannot be determined which option is used
from that permit document Required whether or not there was a
deviation PCC Part 3
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Certification of accuracy and completeness statement to meet
requirements of 30 TAC 122.165(b) PCCs and DevReps must be
submitted with a certification by the responsible official: True
Accurate Complete OP-CRO1 form Note: For PCCs and DevReps use the
specific date fields, not the time period fields Certification by
the Responsible Official
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Slide 30
30 day submission period Begins on the reporting period end
date TCEQ follows the Texas Rules of Civil Procedure: PCCs and
DevReps must be postmarked within 30 days of the reporting period
end date Unless the TCEQ Chief Clerks office is closed* If the last
day of the submission period falls on a weekend or holiday for
which the Chief Clerks office is closed In this event, postmark is
due the next open business day *30 TAC 1.7 relating to computation
of time Submission
Slide 31
When a permit is voided, canceled, revoked, terminated, etc.
due to facility closure or any other reason, you still have an
obligation to submit a final PCC and DevRep All time must be
accounted for Note on Voided Permits
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Title V Permit Compliance Reports are evaluated by TCEQ
Regional Office with jurisdiction Permit Compliance Certification
Deviation Reports Certification by Responsible Official Other
Reports Required by the Title V Permit TCEQ Report Review
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Permit Compliance Certification ( Permit Compliance
Certification - PCC Part 1) Timeliness of Report - 30 TAC122.146(1)
and (2) Certification of Continuous Compliance - 30
TAC122.146(5)(B) Identification of Deviation Reports 30 TAC
122.146(5)(C) TCEQ Report Review
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Permit Compliance Certification Timeliness of Reporting
COMPLIANT - 30 days from the end of reporting period. NOTICE OF
VIOLATION 31 59 days from the end of the reporting period. NOTICE
OF ENFORCEMENT 60+ days from the end of the reporting period. TCEQ
Report Review
Slide 38
Deviation Reports (Form Dev Rep Parts1 and 2) Permit
holder/area Permit Requirement Detail Deviation
Description/Corrective Action TCEQ Report Review
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Deviation Reports Deviations Reportable Emissions Events
Non-Reportable Emissions Events Non-Compliance with Permit
Provisions Violations discovered through an audit program
Violations noted during an agency on-site or record review
investigation No authorization Unplanned/Unauthorized Maintenance
activities Failure to submit a deviation TCEQ Report Review
Deviations Emission Events Even when emissions are not
reportable under 30 TAC Chapter 101 30 TAC Chapter 122 and Chapter
101 requirements are independent of each other Reporting an event
in STEERS does not satisfy deviation reporting requirements or
vise-versa TCEQ Report Review
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Deviations - Continuing/Missed Deviations Deviation started in
immediate previous reporting period and is still active/unresolved
in current period REPORT. Deviation occurred in periods prior and
ended before the current period NOT NECESSARY TO REPORT in current
period. TCEQ Report Review
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Other Reports Miscellaneous Monitoring and Credible Evidence
(Examples) pH paper for a scrubber Chart recorder for temperature
TCEQ Report Review
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Certification by Responsible Official Submitted for each
document required by the Title V Permit 30 TAC 122.165(a) Statement
to meet requirements of 30 TAC 122.165(b) TCEQ Report Review
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Title V Deviation Reporting and Permit Compliance Certification
http://www.tceq.texas.gov/assets/public/complian
ce/field_ops/guidance/Title_V_Guidance_2012_No vember.pdf Title V
Operating Permits Compliance Forms
http://www.tceq.texas.gov/permitting/air/forms/titl
ev/comp/tv_comp_forms.html Additional Information
