Compliance and Enforcement: Investigation Overview

Today’s Topics Office of Compliance and Enforcement Office of Compliance and Enforcement Topics of Interest Topics of Interest Title V Resources Title V Resources Contact Information Contact Information

Office of Compliance and Enforcement 16 regional offices (~30% of agency staff) 16 regional offices (~30% of agency staff) Respond to emergencies & natural disasters Respond to emergencies & natural disasters Monitor air quality Monitor air quality Oversee dam safety Oversee dam safety

Program Support Section Data Data Technical guidance Technical guidance Policies and procedures Policies and procedures Legislation Legislation Contracts Contracts

Program Support Liaisons Liaison role: Promotes consistency Promotes consistency Facilitates development of guidance Facilitates development of guidance Communicates between regions and central office Communicates between regions and central office

Regional Offices Legislative commitments Legislative commitments EPA commitments EPA commitments

Investigation Overview Announced Routine compliance investigations Routine compliance investigations In-house investigations In-house investigations Emissions events Emissions events Stack testing Unannounced Complaints Complaints Fence line observations Fence line observations

What to Expect Initial contact: records request Initial contact: records request On-site investigation On-site investigation Initial exit interview Initial exit interview Follow-up questions Follow-up questions Final exit interview Final exit interview Letter Letter

Typical Investigation Timeframe ContactInvestigation Findings & Letter 1-14 days days

Records

Example Investigation PCC and DR Review PCC and DR Review Deviation Assessment Deviation Assessment Investigation Findings Investigation Findings Violation Resolution Violation Resolution

Top 7 Violations #7 top violation = NSR Flexible Permit; 803 violations issued; citation: 30 TAC § (a) #6 top violation = Federal Operating Permit Reporting; 1,096 violations issued; citation: 30 TAC § ; #5 top violation = EPA Standards; 1,378 violations issued; citation: 30 TAC §101.20(3) NSR Flexible Permit Federal Operating Permit Reporting EPA Standards

Top 7 Violations #4 top violation = Pre-construction Authorization; 1,892 violations issued; citation: 30 TAC § (a) #3 top violation = NSR Special Conditions; 5,497 violations issued; citation: 30 TAC § (c) #2 top violation = Federal Operating Permit Special Terms and Conditions; 8,649 violations issued; citation: 30 TAC § (4) Pre-Construction Authorization NSR Special Conditions Federal Operating Permit Special Terms and Conditions

Top 7 Violations The #1 violation is... Texas Health and Safety Code Violations in conjunction with applicable state/federal rules; 11,545 violations issued; citation: THSC § (b) Texas Health and Safety Code Violations

Compliance Issues Reporting errors Reporting errors EE/MSS boundaries EE/MSS boundaries Stack test alternatives Stack test alternatives

Title V Resources Title V Guidance Title V Guidance Title V Guidance Title V Guidance Deviation Report Guidance Deviation Report Guidance Deviation Report Guidance Deviation Report Guidance

Emissions Events EE and MSS boundaries Upset Shutdown Maintenance Start-up STEERS and DR

Stack Testing REMINDER: Listing a sampling deviation in a test plan does not constitute approval. Approval is required.

Topics of Interest EPA’s Revised High Priority Violation(HPV) Policy EPA’s Revised High Priority Violation(HPV) Policy Federal changes Federal changes

HPV Policy Previous Policy 10 General Criteria 10 General Criteria Major for pollutant of concern Major for pollutant of concern PCC > 30 days late PCC > 30 days late Emission exceedances Emission exceedances Current Policy 6 Criteria 6 Criteria All major sources All major sources No longer HPV No longer HPV Emission limit Emission limit

Federal Changes Removing affirmative defense Removing affirmative defense Push to electronic reporting Push to electronic reporting Data system conversion Data system conversion

Regional Offices NORTH CENTRAL AND WEST TEXAS COASTAL AND EAST TEXAS BORDER AND PERMIAN BASIN CENTRAL TEXAS

Central Texas Area

North Central and West Texas Area

Coastal and East Texas Area

Border and Permian Basin Area

Contact Information Cynthia Gandee