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Where to find Information About Facilities. Overview of Title V Permits. The Need for Title V . Air quality goals were not met Confusion as to what requirements applied to a facility Existing rules often lacked monitoring Limited public access and comment Weak compliance oversight

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Presentation Transcript
the need for title v
The Need for Title V
  • Air quality goals were not met
  • Confusion as to what requirements applied to a facility
  • Existing rules often lacked monitoring
  • Limited public access and comment
  • Weak compliance oversight
  • Purpose of Title V permit: accountability, improved compliance and enforcement
who issues title v permits
Who Issues Title V Permits?
  • State and local agencies
  • EPA in Indian Country
  • Tribes – if they develop a program and get it approved by EPA
who has to get a title v permit
Who has to Get a Title V Permit?
  • All major sources
  • Plus some non-majors
  • Around 20,000 major sources nation-wide
  • Call your permitting agency to see which sources are getting permits
  • See http://www.epa.gov/airquality/permits/obtain.html
how do permits get issued
How do Permits Get Issued?
  • Sources must apply
  • Permitting agency prepares draft permit
  • Draft permit is reviewed by public
  • Public hearing may be requested
  • EPA reviews some State permits and may veto the permit
  • Final permit is issued
permit applications
Permit Applications
  • New sources:
    • Due within 12 months of starting to operate
  • Sources that have title V permits:
    • Due at least 6 months before the 5-year renewal date
  • Sources that need their permit updated (modified)
what is included in a title v permit
What is Included in a Title V Permit
  • All applicable requirements including
    • Requirements from federal standards, such as
      • Maximum Achievable Control Technology Standards
      • New Source Performance Standards
    • Terms and conditions from new source review permits
    • Conditions from the State Implementation Plan
  • Origin and authority for each permit term
  • Monitoring, recordkeeping, and reporting
what does a title v permit look like
What does a Title V Permit Look like?
  • Can be quite long (85-100 pages for a medium size permit)
  • Statement of basis
  • States choose the format
  • General conditions
  • Conditions for specific process line or emissions source
what does a title v permit look like1
What does a Title V Permit Look Like?
  • For each process line or emissions source, the permit generally has:
    • Description of process and its pollution control equipment
    • Emission limit or other type of limit
    • Monitoring, recordkeeping and reporting
how do title v permits promote compliance
How do Title V Permits Promote Compliance?

Title V Permits:

  • Roll all applicable requirements into one document
  • Add source-specific monitoring (sometimes)
    • Monitoring means collecting and using data on emissions or other information about the operation of a process or pollution control device
    • Each permit limit or condition needs monitoring “sufficient to assure compliance”
how do title v permits help enforcement
How do Title V Permits Help Enforcement?
  • Reports and certifications alert permitting agency and public
  • Permit settles what requirements apply
public availability of records
Public Availability of Records
  • Permit application (except confidential business information)
  • All reports and certifications
  • Draft and final permit
  • Correspondence
minimum requirements for public involvement
Minimum Requirements for Public Involvement
  • Minimum requirements for notice of draft permit:
    • Newspaper notice
    • Creation of mailing list to provide notice
    • Other means necessary to notify affected public
  • 30 day public comment period
  • 30 days notice prior to public hearing (if one is held)
  • Record of commenters, issues raised, must be kept
opportunities for involvement
Opportunities for Involvement
  • Obtain copy of application
  • Request informal meeting with permitting agency
  • Review file and draft permit; submit comments
  • Request and participate in public hearing
  • Petition EPA to object to the permit if your concerns have not been met
petitions to epa to object to a permit
Petitions to EPA to Object to a Permit
    • EPA must object to a permit if it is not in compliance with the requirements of title V
    • E.g., does not include all applicable requirements or does not assure compliance with applicable requirements
  • Anyone who commented on the permit can petition EPA to object to a permit
  • If EPA objects to the permit, permit cannot be issued
    • If permitting authority fails to revise the permit, EPA will issue or deny a permit
different views on title v
Different Views on Title V
  • Increases industry’s costs and risk of discovering (and having to report) violations
  • Some States
    • Welcome the extra monitoring and compliance
    • Think its just a bunch of paperwork
  • Environmentalists love the accountability, extra monitoring, better access to information
unique features of title v program
Unique Features of Title V Program
  • Statement of Basis
  • Permit Shield
  • Periodic Monitoring
  • Petition to Object
websites that can be helpful
Websites that can be helpful
  • Permits
    • Region 6 website on permits and their status
    • http://yosemite.epa.gov/r6/Apermit.nsf/AirLA?OpenView&Start=1&Count=4000&Expand=1#1
    • Louisiana DEQ Public Notice site
    • http://www3.deq.louisiana.gov/news/pubnotice/default.asp
    • http://www.deq.louisiana.gov/portal/ONLINESERVICES/CheckPermitStatus.aspx
  • Regulation
    • http://yosemite.epa.gov/opei/RuleGate.nsf