Kevin McLeod & Chris Horton OCE, Region 12 Houston 1

Introduction Brief discussion of history and scope Review of compliance documents Investigation process 2

Clean Air Act 1977 Clean Air Act Established New Source Review (NSR) permitting Construction and major modification of facilities 1990 Clean Air Act Amendments Established Title V permitting Federal operating permits Title 40 Code of Federal Regulations (CFR) Part 70 Title 30 Texas Administrative Code (TAC) Chapter 122 3

Title V Operating Permit Includes all applicable air requirements Federal standards 40 CFR 60 (NSPS), 61 (NESHAP), 63 (MACT), etc. State standards 30 TAC 111 (visible emissions) 30 TAC 115 (volatile organic compounds) 30 TAC 117 (nitrogen oxides), etc. NSR authorizations Case-by-case permit, standard permit, permit by rule 4

Title V Operating Permits Two Common Types: Site Operating Permit (case-by-case) General Operating Permit (cover similar sites) Both Permit Types Include: Monitoring requirements Recordkeeping and reporting requirements Compliance plans for emission units not in compliance with applicable requirements 5

Additional Recordkeeping All permits have a general recordkeeping requirement: 30 TAC 106.8(c)(2) [Permits by Rule] 30 TAC (b)(E) [NSR Permits] 30 TAC [Title V Permits] Don’t rely on permit conditions to specify each record. Check each of these rule sections for applicability to your site. 6

Title V Reporting Requirements Deviation Report (DevRep) Detailed requirements in 30 TAC (2) Due twice per year (6 months)* Permit Compliance Certification (PCC) Detailed requirements in 30 TAC Due annually (12 months)* Forms, Instructions, and Guidance: * unless otherwise specified at a higher frequency in a permit condition or other ordering provision specified by the commission 7

Reporting Period Calculation Start Date: The permit issuance date, or The day after the end date of the previous reporting period End Date: Deviation Reports: Start date + 6 months - one day PCCs: Start date + 12 months - one day The deviation reporting period will not be exactly 180 days. Example: Jan 1 to June 30 = 181 days (182 days on leap years) July 1 to December 31 = 184 days 8

Reporting Period Issues Actions that DO NOT CHANGE compliance period dates: Permit revisions Permit renewals Change in ownership Actions that CHANGE compliance period dates: Permit revocation* Permit termination* Permit reissuance (restarts the compliance period) 30-day submission period begins on first day after reporting period ends. * end date compliance period unless otherwise formally laid out in an Agreed Order or other order of the commission or EPA 9

Reporting Items to Remember You can change your reporting period, but remember: Never exceed 6 months for deviation reports and 12 months for permit compliance certification Account for every day (no gaps) A deviation report is not required if there were no deviations to report during the reporting period A PCC is required at least annually regardless of whether or not deviations occurred 10

Deviations What is a deviation? 30 TAC (6) defines a deviation as any indication of noncompliance with a term or condition of the permit as found using compliance method data from monitoring, recordkeeping, reporting, or testing required by the permit and any other credible evidence or information. 11

Is a Deviation always a Violation? Most deviations will become alleged violations upon further review ViolationNot a Violation Operating parameters outside the permitted range (Ex: flare pilot outage, thermal oxidizer temp, scrubber pH) Non-reportable emissions events that include all records under 30 TAC Missing recordsDeviations properly disclosed under the Environmental, Health, and Safety Audit Privilege Act Missing reportsPreviously cited violations 12

Things to Consider The permit holder has an obligation to report deviations Not reporting a deviation is itself a deviation that must be reported separately 13

Filling out the Deviation Report Part 1: Include all instances of deviations Separately list all deviations even if they are caused by a single event Include cause of deviation Include corrective action taken 14

15

Deviation Report Form – Part 2 Part 2: This part is optional Use of Part 2 streamlines the investigation process Include only non-reportable emissions events (those not required to be reported within 24 hours of discovery per 30 TAC ) Includes all information required under Part 1 except STEERS incident number 16

17

Credible Evidence Can be used to demonstrate either compliance or noncompliance Credible evidence examples: Indication of noncompliance from monitoring methods of one rule that can be appropriately applied to another rule Credible citizen collected evidence Findings from TCEQ investigations Emissions events Must meet Texas Rules of Evidence 18

Deviation Report Form – Part 3 Part 3: This part is optional Used to report monitoring or credible evidence If the permit requirements indicate non- compliance, but other evidence/monitoring shows compliance 19

20

Permit Compliance Certification (PCC) Form Purpose: to certify compliance with an issued operating permit Submit a copy to: The appropriate TCEQ Regional Office EPA, Region 6 21

PCC – Part 1 Part 1: Certification of Continuous Compliance “Yes” indicates that all deviations have been reported/identified/ Summary of Deviations Indicate whether there were deviations reported in the previous deviation period or currently reported with PCC. Attach DevRep Form. 22

23

PCC – Part 2 Identifies deviation reports made during the certification period Include the six-month deviation reports Include any additional reports, for example: Deviation reports due to change of ownership Re-submittal of corrected deviation reports Other reports/documents used to declare deviations PCC – Part 2 24

25

PCC – Part 3 Specifies a monitoring method when the permit contains monitoring options and it cannot be determined which option is used from that permit document Required whether or not there was a deviation 26

27

Report Certifications OP-CRO1 Form Must be submitted with every PCC & DR Certifies truthfulness, accuracy, & completeness per 30 TAC (b) Must be signed by: Responsible Official (RO) OR Duly Authorized Representative (DAR) 28

29

Submission of Reports 30 day submission period Begins on the 1 st calendar day after the end of the reporting period end date TCEQ follows the Texas Rules of Civil Procedure: PCCs and DevReps must be postmarked within 30 days of the reporting period end date, except: When the TCEQ Chief Clerk’s office is closed* Weekends & holidays (when Chief Clerk’s office is closed) In this event, postmark is due the next open business day *30 TAC 1.7 relating to computation of time 30

TCEQ Report Review Title V Permit Compliance Reports are evaluated by TCEQ Regional Office with jurisdiction and includes: Permit Compliance Certification Deviation Reports Certification by Responsible Official Other Reports Required by the Title V Permit Review of Deviations Timeliness of Reports 31

TCEQ Report Review Permit Compliance Certification (Permit Compliance Certification - PCC Part 1) Timeliness of Report - 30 TAC (1) and (2) Certification of Continuous Compliance - 30 TAC (5)(B) Identification of Deviation Reports – 30 TAC (5)(C) 32

33

34

35

Permit Compliance Certification Timeliness of Reporting COMPLIANT: Within 30 days from the end of reporting period. NOTICE OF VIOLATION: 31 – 59 days from the end of the reporting period. NOTICE OF ENFORCEMENT: 60+ days from the end of the reporting period. TCEQ Report Review 36

TCEQ Report Review Deviation Reports (Form Dev Rep - Parts 1 & 2) Permit Holder/Area Permit & Regulatory Requirement Details Deviation Description/Corrective Action Deviation Dates/Times Missing Information Compliance evaluation 37

38

TCEQ Report Review Deviations to be reported include: Reportable Emissions Events Non-Reportable Emissions Events Non-Compliance with Permit Provisions 30 TAC/40 CFR Violations discovered through an audit program Violations noted during recent agency investigations No authorization Unplanned/Unauthorized Maintenance activities Failure to submit a deviation 39

40

TCEQ Report Review Common Deviation Reporting Errors Missing or inaccurate regulatory citations or permit conditions. Incomplete deviation descriptions Inaccurate starting/ending dates and times. Missing or inaccurate corrective actions 41

Reporting Issues to Avoid Failing to send the Certification by Responsible Official (OP- CRO1) with each report. Unauthorized signature of OP-CRO1 form PCC periods longer than 12 months. Gaps between reporting periods. 42

43

Additional Information Title V Deviation Reporting and Permit Compliance Certification: guidance/Title_V_Guidance_2012_November.pdf Title V Operating Permits Compliance Forms: tv_comp_forms.html 44

Questions? Chris Horton Sr. Investigator Region 12 - Houston Kevin McLeod Program Coordinator Region 12 - Houston