Status Report 107 Title V Renewals –15 Accomplished 1 –92 in Queue Processing in a quasi 1st-In/1st-Out scheme –May process like-sources concurrently –Special projects, time sensitive 1: As of February 26, 2009
Renewal Expectations 40 CFR 70.6a(2) – permit term 5 yrs AS 46.14.170a(2) – issue w/in 12-months Currently processing using contractor resources at a rate of 3 ~ 4 / month –Anticipate faster processing as experience builds Staff Contractor Permittee
Gap Filling Periodic Monitoring I 40 CFR 70.6(a)(3)… 71.6(a)(3)… (3) Monitoring and related recordkeeping and reporting requirements. (i) Each permit shall contain the following requirements with respect to monitoring: –(A) All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including part 64 of this chapter and any other procedures and methods that may be promulgated pursuant to sections 114(a)(3) or 504(b) of the Act. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions provided the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that are not included in the permit as a result of such streamlining; –(B) Where the applicable requirement does not require periodic testing or instrumental or non- instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported pursuant to paragraph (a)(3)(iii) of this section. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph (a)(3)(i)(B); and –(C) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.
Gap Filling Periodic Monitoring II 40 CFR 70.6(c)….. 71.6(c) ….. –(c) Compliance requirements. All part 70 permits shall contain the following elements with respect to compliance: (1) Consistent with paragraph (a)(3) of this section, compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit.
US Court of Appeals, August 19, 2008; No. 04-1243 “Sierra Club vs. USEPA…” “To save § 70.6(c)(1) from becoming surplusage, we must interpret the provision to require something beyond what is already required by §70.6(a)(3)(i)(A) and §70.6(a)(3)(i)(B). The most reasonable reading is that it serves as a gap-filler to those provisions. In other words, §70.6(c)(1) ensures that all Title V permits include monitoring requirements “sufficient to assure compliance with the terms and conditions of the permit,” even when §70.6(a)(3)(i)(A) and §70.6(a)(3)(i)(B) are not applicable. This reading provides precisely what we have concluded the Act requires: a permitting authority may supplement an inadequate monitoring requirement so that the requirement will “assure compliance with the permit terms and conditions.” Because §70.6(c)(1) can be reasonably read this way, we uphold the monitoring provisions of the Part 70 Rules as consistent with the Act.” Gap Filling Periodic Monitoring III
Compliance Plans and Schedules Non-compliance –Self-disclosed –ADEC discovered –Open Case – clause- no permit shield, permittee plan and schedule does not constitute a settlement –Addressed case – paste COBC remedial measures Future Obligations CAM schedule and plan
Custom vs. Standard Conditions As 46.14.010(e) develops Standard Conditions requirement 18 AAC 50.346 – “…unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter…” –More frequent MR&R -> custom –No substantive difference -> Standard Condition –Clarity -> custom w/note to improve Standard Condition –Streamlining -> custom –Case-by-case or in conjunction w/suppl. Site-specific MR&R -> custom –Relaxation -> Standard Condition Update Standard Condition regulations at next Rulemaking
Custom vs. Standard Conditions II Custom conditions from initial series of TVP01 legacy permit: –Replace w/Standard Condition to level playing field –Initial TVP01s pre-dated finalized ADEC Standard Condition rulemaking
The Case for Standard Conditions Improves processing efficiency –Speed: application to final permit –Levels the playing field –Reduces costs directly to permittee –Reduces interpretation variances
Applicant Requests Considerations in applications –New sections of SoB Updated Departmental work instructions –November 2008 Note: some contractor products pre-date this change, so …..
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