Title V: The Big Picture Ray Vogel Operating Permits Group U.S. EPA/OAQPS

Major Topics Objective of Title V Benefits of the Title V program Who needs a permit? Minimum elements of a permitting program What is in a Title V permit? How do permits get issued? EPA oversight of permitting programs Status of the Title V program

Objective of Title V Operating Permit Program Established by Clean Air Act Amendments of 1990 Objective is to improve compliance with CAA Combines all requirements into a single document Clarifies which requirements apply.

Objective of Title V Program: (cont.) Sources self-report compliance status Allows for better enforcement of CAA requirements Involves public in the issuance of permits Ensures self-funding adequate to run effective programs

Background Schedule 1991 - EPA was to develop rules establishing minimum elements of permit program 1993 – States were to develop and submit permit programs 1994 – EPA Approval/Disapproval of programs 1995 – Permit applications due to approved States 1998 – Permits due to be issued

Benefits of Title V Program Identification of applicable requirements for each individual source 19,000 sources took emission limits to avoid Title V Annual compliance certification Reporting of deviations/corrective actions Mechanism for issuing permits on tribal lands Public involvement

Who has to get a Title V permit? All major sources Any 10 tpy or 25 tpy source of HAPs Any 10, 25, 50 or 100 tpy source of VOCs Any other 100 tpy source Plus some non-majors (a few area sources and hazardous waste incinerators) Around 17,000 major sources nation-wide Includes around 300 sources on tribal land

What are the minimum elements of a Title V permit program? Requirements for permit applications Monitoring and recordkeeping requirements Annual fees to cover program cost Adequate funding and personnel Assure no permit issued if EPA objects

Minimum Elements (cont.) Procedures for public comment and judicial review Procedures to make information available to public Procedures to revise permits to include new standards Procedures to allow some changes without a permit revision

What is in a Title V permit? Statement of basis (usually a separate document) All applicable emission limitations and standards Monitoring, recordkeeping and reporting requirements EPA developing revised periodic monitoring rule A compliance schedule, as necessary

What is in a Title V permit? (cont.) Requirement for annual compliance certification Reporting of deviations from permit terms or conditions Permit shield (optional) Expiration and renewal - not to exceed 5 years

How do permits get issued? Sources must apply to state or local agency Permitting agency negotiates terms & drafts permit Draft permit reviewed by public Public hearing may be requested

How do permits get issues? (cont.) EPA reviews some state permits and may veto proposed permit Final permit is issued Public may petition Administrator to object to final permit

Permit Issuance Timeline EPA Objects? Public review Source Submits Application Draft Permit Available Proposed Permit Forwarded to EPA EPA Review Yes within 1 year of effective date: 30 days 45 days No Petition Filed ? EPA Grants Petition ? Permit Authority Must Correct Permit Issued public petition period 60 days Yes Yes No No Permit Remains Valid

EPA Oversight Permit review & objection Evaluations of state/local/tribal programs Petitions Regulations and Guidance Clean Air Act Advisory Committee Subcommittee on Permits and Toxics Task Force on Implementation of Title V Inspector General Reviews

Status of the Program 116 approved state and local operating permit programs 95 percent of Title V permits issued May be 2006 before all initial permits are issued States also issuing renewal permits Public testimony to task force suggests implementation improvements needed Unresolved monitoring litigation issues