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Practically Enforceable Permit Conditions

This document outlines the principles of practical enforceability in permit conditions, focusing on clarity, compliance timelines, and the standards that sources must meet. It highlights the importance of specific language to avoid vague terms and subjective measures that hinder enforceability. Through examples, it demonstrates common pitfalls in permit drafting, such as ambiguous mandates on recordkeeping and corrective action, and proposes actionable corrections to ensure compliance can be efficiently assessed. Ultimately, practical enforceability safeguards environmental regulations.

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Practically Enforceable Permit Conditions

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  1. Practically Enforceable Permit Conditions Ray Vogel U.S. EPA/OAQPS

  2. Practical Enforceability • Purpose is to make sure permit limits are • Clear as to who limit applies to • Clear as to when compliance is required • Short-term, so that compliance can be determined relatively quickly • Clear as to what standard a source must meet • Clear as to how compliance is to be determined

  3. Practical Enforceability:Example 1 • “The operator shall maintain adequate records, as determined by the Director.” • Not practically enforceable • No standard on “adequate?” • Director, not EPA or citizens, has sole discretion to determine if records are adequate

  4. Practical Enforceability: Example 2 • “The operator shall take corrective action if parameters are significantly out of range.” • Problem: vague and subjective • How is “significantly out of range” determined? By whom? • What kind of corrective action?

  5. Limits on Potential to Emit (PTE) • PTE limits must be practically enforceable • Short-term (monthly or rolled monthly) • Limit operation or production, if source has capacity to emit at major source levels • Recordkeeping to verify compliance

  6. Unenforceable PTE Limits: Example 1 • Plant capable of emitting 300 tpy of CO has only a 249 tpy emission limitation • Problems: annual limit, no limit on operation or production, no recordkeeping • Step 1: Impose a monthly limit on hours of operation or production which, when multiplied by CO emission rate, = 249 tpy • Step 2: Require recordkeeping to verify compliance with operation/production limit

  7. Unenforceable PTE Limits: Example 2 • Plant with rock crusher, permit limits: 0.05 gr PM/dscf; fabric filter must be used and operated at 99% efficiency • Problem: does not specify means of determining % efficiency • Correction: periodic testing and monitoring of fabric filter to ensure 99% efficiency is achieved

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