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How To Target Your Review

How To Target Your Review. Genevieve Damico U.S. EPA. What should I review in a permit?. Programmatic issues Monitoring Reporting Inclusion of regulatory standards Emission units. Background. Title V requires monitoring, Recordkeeping reporting (MRR) to assure compliance

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How To Target Your Review

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  1. How To Target Your Review Genevieve Damico U.S. EPA

  2. What should I review in a permit? • Programmatic issues • Monitoring • Reporting • Inclusion of regulatory standards • Emission units

  3. Background • Title V requires • monitoring, • Recordkeeping • reporting (MRR) to assure compliance • Practically enforceable permit limitations include MRR that reasonably demonstrate compliance. • Note: There is some debate as to whether Title V can require additional monitoring

  4. Evaluation • MRR and testing work together. Important to evaluate these aspects of permit holistically • Frequency of MRR should be appropriate to measure compliance with • Emission limitations • Operational restrictions

  5. Evaluation Chart

  6. Considerations • Are emission factors appropriate? • Is the emissions test performed “periodically”? • Is the data collected reliable?

  7. Questions To Ask • Would permittee, permitting authority, and I have sufficient information to measure compliance? • Is frequency of MRR sufficient to determine compliance? • Do I have access to results of MRR and testing? • Does permit contain all required MRR and testing requirements from Federal rules and SIP?

  8. Best Bang for the Buck • Units subject to pre–1990 rules • Units subject to SIP requirement for which no reasonable compliance assurance method is specified • Units subject to old NSR permits • Voluntary terms created in Title V permit

  9. Before Making Comments • List areas you feel are insufficient for measuring compliance; make suggestions for practically enforceable MRR and testing • List applicable MRR and testing from Federal rules and SIP; cite corresponding rules

  10. Evaluation Chart

  11. Why is it important to develop an enforceable Title V permit? • If an applicable requirement was missing from permit, facility may argue they are not liable for potential violations • If a condition is written unclearly and ambiguously, facility may argue they followed condition based on their interpretation

  12. Why is it important to develop an enforceable Title V permit? (cont.) • Source may lack sufficient monitoring, recordkeeping, or reporting to determine compliance • Conditions in permit might prevent enforcement by EPA and state agencies

  13. Ensuring Practical Enforceability • Applicable requirements must be properly translated into permit • Wording changes must not affect meaning of requirement • Conditions should be enforceable as a practical matter • Proper averaging times and recordkeeping frequencies should be specified • Permit shields should be properly applied

  14. Applicable Requirements Must Be Properly Translated Into Permit Does the permit contain… • An emission limit or work-practice standard for each emission point subject to a standard? • Monitoring, recordkeeping and reporting • “General Provision” requirements • All pre-construction permit requirements

  15. Wording Changes Must Not Affect Meaning of Requirement • Credible evidence • Enforcement authority can use “any and all information” • Wording changes that change requirements to something less stringent

  16. Enforceable as a Practical Matter • If an inspector were to visit facility, would s/he be able to easily determine if facility is in compliance?

  17. Proper Averaging Times and Recordkeeping Frequencies Are Specified • Make sure averaging time is specified (e.g., 15 ppm over 24-hr period) • Frequency of recordkeeping corresponds to averaging time

  18. Permit Shields Should Be Properly Applied • Title V permit should explicitly state that a condition is not applicable to the facility • Comment on permit shields you believe were given in error

  19. Additional Considerations when Reviewing an Emission Limit Ensure that • Emission units subject to limit are specifically identified • Limit is clearly written • Reference diluent concentration is included (ex: 15% O2) • Source is required to comply with limit at all times unless exceptions are specifically allowed for by applicable requirement • Reference test method is identified

  20. Which of the following is not practically enforceable? • Permittee must regularly change filters in baghouse • Boiler #1 can emit not more than 39 tons per year of NOx • Emission test shall be conducted while emissions unit is operating at or near maximum capacity

  21. Which of the following is “credible evidence buster” language? • Monitoring methods specified in this permit are sole means by which compliance with associated limit is determined • Compliance with emissions limit shall be determined by test method X • Reference test method results supercede parametric monitoring data

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