Title V Operating Permits: A Compliance and Enforcement Tool

Candace Carraway

US Environmental Protection Agency

Office of Air Quality Planning and Standards

919-541-3189

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Major Topics

How title V permits promote compliance and enforcement

Periodic monitoringOpportunities for public involvementResources for permit review

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How do Title V Permits Promote Compliance?

Title V Permits: Roll all applicable requirements into one

document Add reporting (deviation and 6 mo reports) and

annual certifications Add source-specific monitoring (sometimes) Allow greater access to records Are federally enforceable

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How do Title V Permits Help Enforcement?

Reports and certifications alert permitting agency and public

Permit settles what requirements applyAgencies must meet EPA standards for

fines and criminal penalties

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Reports and Certifications

Title V permits require 4 kinds of reports or certifications– Deviation reports– Semi-annual monitoring reports– Annual compliance certifications– Progress reports (if the source is out of

compliance)

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Deviation Reports

Required if the source deviates from one of its permit conditions

Purpose is to alert permitting agency and others that there is a problem

State defines in the permit how promptly reports must be submitted

Must be certified by a high ranking official

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Semi-annual Monitoring Reports

Permit requires reports of any required monitoring at least every 6 months

Report must include deviationsStates have discretion in how much detail

must be providedReport must be certified

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Annual Compliance Certification

Permittee must identify:– Each permit condition being certified– The compliance status– Whether compliance was continuous or

intermittent– Methods used to determine compliance

Certification is signed by responsible official

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Progress Reports

Required if source is not in compliance with applicable requirements when permit is issued

Permit will contain a schedule of compliance and will require progress reports every 6 months

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Periodic Monitoring

Requirement: testing, monitoring, reporting and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit

These terms can be added to the title V permit where the applicable requirement does not have adequate monitoring

Best bang for the buck: old NSR permits, pre-1990 rules, SIP requirements, “voluntary” conditions

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Review for Periodic Monitoring Issues

Overall objective: make sure you and the inspector can look at data that accurately measures compliance with each requirement

Compliance means continuous complianceMonitoring in each permit must be

supported by the permit record

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Factors in Evaluating Monitoring

Likelihood of violating the applicable requirement (the margin of compliance with the applicable requirement)

Whether add-on controls are necessary for the unit to meet the emission limit

Variability of emissions over time Type of monitoring, process, maintenance or control

equipment data already available for the unit Technical and economic considerations The kind of monitoring required for similar emission

units

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Good Monitoring has the 3 R’s

Reliable dataFrom the Relevant time period

• often this is the averaging period of the applicable requirement

Representative of the source’s compliance with the permit

• data allows for a reasonably supportable conclusion regarding the compliance status during each relevant time period

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Questions to Ask

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

Is there some monitoring required for each permit limit or condition?

Does the statement of basis provide an analysis and justification for the selected monitoring?

What monitoring is required of similar facilities in other states?

Is the monitoring requirement clear and enforceable? Do I have access to understandable monitoring data?

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Monitoring Examples

Source meets an emission limit by operating its incinerator at a specified temperature. – Permit must require source to monitor and record

the incinerator temperatures.

Applicable requirement requires start up test.– Permit must add an on-going monitoring

requirement

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Monitoring Examples

Permit requires source to monitor opacity to determine compliance with PM limit.– Reliability issue: Appropriate only if there is a

test that demonstrates that if source stays under a certain opacity level, it will also be in compliance with its PM limit

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Unenforceable Conditions: Examples

The permittee must regularly change the filters in the baghouse

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

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

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Unenforceable Conditions: Examples

The permittee shall normally inspect the unit daily

The permittee shall take corrective action as soon as possible

The permittee shall take corrective action if parameters are significantly out of range

The permittee shall use best engineering practices to operate and maintain the boiler

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More Difficult Question

Is there monitoring at regular intervals sufficient to assure compliance? – How likely is it that the facility could violate

the applicable requirement?– How much are the emissions likely to vary?

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Public Availability of Records

Permit application (except confidential business information)

All reports and certificationsDraft and final permitCorrespondence

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Opportunities for Involvement

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 met21

Opportunities for Involvement

Challenge the permit in courtMonitor how well the source is performing

by reviewing reports and certificationsLitigate to enforce permit terms (or

persuade agency to enforce)Review draft renewal permits every 5

years and all significant modifications

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Resources for Permit Review

Proof is in the Permit (www.epa.gov/oar/oaqps/permits/partic/proof.html)

Region 9 (Draft) Permit Review Guidelines (http://www.epa.gov/region9/air/permit/titlev-public-part.html)

Region 7 title V petition data base (http://www.epa.gov/region07/air/index.htm)

Materials developed by NY Public Interest Group (www.titlev.org)

CAM Technical Guidance document (www.epa.gov/ttn/emc/cam/toc-ch3.pdf)

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Summary

Title V permits improve compliance and enforcement by:– Including all applicable requirements– Reports and certifications– Adding monitoring (sometimes)– Public access to documents

You can review for periodic monitoring without being an expert

Your review can improve the permit

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