TITLE V COMPLIANCE CERTIFICATION AND DEVIATION REPORTING Annette Maxwell and Erica Solis Office of Compliance and Enforcement May 5, 2015

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

 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 Clean Air Act

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

 Two common types:  Site Operating Permit (case-by-case)  General Operating Permit (cover similar sites)  In general, they prescribe  Monitoring requirements  Recordkeeping and reporting requirements  Compliance plans for emission units not in compliance with applicable requirements Title V Operating Permits

 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] Additional Recordkeeping

My Title V permit has been issued. Now what?

 Start date is either  The permit issuance date, or  The day after the end date of the previous reporting period  End date is  Start date + 6 months - one day for deviation reports  Start date + 12 months - one day for PCC  Note that the deviation reporting period will not be exactly 180 days, for example: Jan 1 to June 30 = 181 days (182 days on leap years) July 1 to December 31 = 184 days Reporting Period Calculation

 Actions that do not change compliance period dates:  Permit revisions  Permit renewals  Change in ownership  Actions that do change compliance period dates:  Permit revocation*  Permit termination*  Permit reissuance (restarts the compliance period)  30-day submission period begins on last day of PCC and/or DevRep period * end date compliance period unless otherwise formally laid out in an Agreed Order or other order of the commission or EPA Reporting Period Calculation, continued

 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)  No deviation report is 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 Things to Remember

 30 TAC (6) defines 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. What is a deviation?

 Most deviations will become alleged violations upon further review Is a deviation always a violation? 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

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

 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 Filling out the Deviation Report

 Part 2:  This part is optional  Use of Part 2 streamlines the investigation process  Include 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 Deviation Report Form – Part 2

 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 Credible Evidence

 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 Deviation Report Form – Part 3

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

 Part 1:  Certification “Yes” indicates that all deviations are accounted for  Indicate whether deviations occurred Previously reported in compliance period Use Part 2 Currently reported with PCC Attach DevRep Form PCC – Part 1

 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

 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 PCC – Part 3

 Certification of accuracy and completeness statement to meet requirements of 30 TAC (b)  PCCs and DevReps must be submitted with a certification by the responsible official:  True  Accurate  Complete  OP-CRO1 form  Note: For PCCs and DevReps use the specific date fields, not the time period fields Certification by the Responsible Official

 30 day submission period  Begins on 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 Unless the TCEQ Chief Clerk’s office is closed* If the last day of the submission period falls on a weekend or holiday for which the 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 Submission

 When a permit is voided, canceled, revoked, terminated, etc. due to facility closure or any other reason, you still have an obligation to submit a final PCC and DevRep  All time must be accounted for Note on Voided Permits

 Title V Permit Compliance Reports are evaluated by TCEQ Regional Office with jurisdiction  Permit Compliance Certification  Deviation Reports  Certification by Responsible Official  Other Reports Required by the Title V Permit 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) TCEQ Report Review

 Permit Compliance Certification  Timeliness of Reporting COMPLIANT - 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

 Deviation Reports (Form Dev Rep Parts1 and 2)  Permit holder/area  Permit Requirement Detail  Deviation Description/Corrective Action TCEQ Report Review

 Deviation Reports  Deviations Reportable Emissions Events Non-Reportable Emissions Events Non-Compliance with Permit Provisions Violations discovered through an audit program Violations noted during an agency on-site or record review investigation No authorization Unplanned/Unauthorized Maintenance activities Failure to submit a deviation TCEQ Report Review

 Deviation Reports  Deviation description Complete description  Corrective actions Correct and prevent TCEQ Report Review

 Deviations – Emission Events  Even when emissions are not reportable under 30 TAC Chapter 101  30 TAC Chapter 122 and Chapter 101 requirements are independent of each other  Reporting an event in STEERS does not satisfy deviation reporting requirements or vise-versa TCEQ Report Review

 Deviations - Continuing/Missed Deviations  Deviation started in immediate previous reporting period and is still active/unresolved in current period – REPORT.  Deviation occurred in periods prior and ended before the current period – NOT NECESSARY TO REPORT in current period. TCEQ Report Review

 Other Reports  Miscellaneous Monitoring and Credible Evidence (Examples) pH paper for a scrubber Chart recorder for temperature TCEQ Report Review

 Certification by Responsible Official  Submitted for each document required by the Title V Permit – 30 TAC (a)  Statement to meet requirements of 30 TAC (b) TCEQ Report Review

 Title V Deviation Reporting and Permit Compliance Certification ce/field_ops/guidance/Title_V_Guidance_2012_No vember.pdf  Title V Operating Permits Compliance Forms ev/comp/tv_comp_forms.html Additional Information

 Contact Information  Annette Maxwell  Erica Solis Questions?