1. How To Target Your Review
Genevieve Damico
U.S. EPA

2. What should I review in a permit?
Programmatic issues
Monitoring
Reporting
Inclusion of regulatory standards
Emission units

3. Background Title V requires
monitoring,
Recordkeeping
reporting (MRR) to assure compliance
Practically enforceable permit limitations include MRR that reasonably demonstrate compliance.
Note: There is some debate as to whether Title V can require additional monitoring

4. Evaluation
MRR and testing work together. Important to evaluate these aspects of permit holistically
Frequency of MRR should be appropriate to measure compliance with
Emission limitations
Operational restrictions

5. Evaluation Chart Operational Restriction or Emission Limitation
Monitoring
Recordkeeping
Reporting
Testing

6. Considerations Are emission factors appropriate?
Is the emissions test performed “periodically”?
Is the data collected reliable?

7. Questions To Ask
Would permittee, permitting authority, and I have sufficient information to measure compliance?
Is frequency of MRR sufficient to determine compliance?
Do I have access to results of MRR and testing?
Does permit contain all required MRR and testing requirements from Federal rules and SIP?

8. Best Bang for the Buck Units subject to pre–1990 rules
Units subject to SIP requirement for which no reasonable compliance assurance method is specified
Units subject to old NSR permits
Voluntary terms created in Title V permit

9. Before Making Comments
List areas you feel are insufficient for measuring compliance; make suggestions for practically enforceable MRR and testing
List applicable MRR and testing from Federal rules and SIP; cite corresponding rules

10. Evaluation Chart Operational Restriction or Emission Limitation
Monitoring
Recordkeeping
Reporting
Testing
30 widgets/ day
3.5 lbs VOC/gal of coating
Keep MSDS
Manufac-
turer will test
4,000 tpy NOx rolled monthly
Monitor SCR temperature
Amount of fuel burned
Report deviations
No greater than 30% opacity
Do method 9 monthly
Evaluation Chart

11. Why is it important to develop an enforceable Title V permit?
If an applicable requirement was missing from permit, facility may argue they are not liable for potential violations
If a condition is written unclearly and ambiguously, facility may argue they followed condition based on their interpretation

12. Why is it important to develop an enforceable Title V permit? (cont.)
Source may lack sufficient monitoring, recordkeeping, or reporting to determine compliance
Conditions in permit might prevent enforcement by EPA and state agencies

13. Ensuring Practical Enforceability
Applicable requirements must be properly translated into permit
Wording changes must not affect meaning of requirement
Conditions should be enforceable as a practical matter
Proper averaging times and recordkeeping frequencies should be specified
Permit shields should be properly applied

14. Applicable Requirements Must Be Properly Translated Into Permit
Does the permit contain…
An emission limit or work-practice standard for each emission point subject to a standard?
Monitoring, recordkeeping and reporting
“General Provision” requirements
All pre-construction permit requirements

15. Wording Changes Must Not Affect Meaning of Requirement
Credible evidence
Enforcement authority can use “any and all information”
Wording changes that change requirements to something less stringent

16. Enforceable as a Practical Matter
If an inspector were to visit facility, would s/he be able to easily determine if facility is in compliance?

17. Proper Averaging Times and Recordkeeping Frequencies Are Specified
Make sure averaging time is specified (e.g., 15 ppm over 24-hr period)
Frequency of recordkeeping corresponds to averaging time

18. Permit Shields Should Be Properly Applied
Title V permit should explicitly state that a condition is not applicable to the facility
Comment on permit shields you believe were given in error

19. Additional Considerations when Reviewing an Emission Limit
Ensure that
Emission units subject to limit are specifically identified
Limit is clearly written
Reference diluent concentration is included (ex: 15% O2)
Source is required to comply with limit at all times unless exceptions are specifically allowed for by applicable requirement
Reference test method is identified

20. Which of the following is not practically enforceable?
Permittee must regularly change filters in baghouse
Boiler #1 can emit not more than 39 tons per year of NOx
Emission test shall be conducted while emissions unit is operating at or near maximum capacity

21. Which of the following is “credible evidence buster” language?
Monitoring methods specified in this permit are sole means by which compliance with associated limit is determined
Compliance with emissions limit shall be determined by test method X
Reference test method results supercede parametric monitoring data