Raymond R. Allen Environmental Science & Engineering, Inc. / Baton Rouge, Louisiana

V of the 1990 Clean Air A c t Amendments (CAAA) created a national a i r operating permit program. Several strategies can b e instituted to; avoid permitting p i t fa l l s and obtain the most favorable operating permit.

Seek to Achieve-the Certain Identified Objectives

. A facility’s Title V operating permit is very important because it codifies, in a single document, all facility air regula- tory requirements for stationary emis- sion sources. Also, the state agency permit engineer who prepares the oper- ating permit may add requirements above and beyond those specified in existing rulemakings. The operating per- mit can therefore be considered a “blue- print” for all future air compliance activities. Consequently, facilities must be prepared to abide by its require- ments for at least five years. Even though the operating permit will be renewed every five years (qt a mini- I

- Be systematic and comprehensive. Be logical, straightforward, and eas- ily tracked and managed. A5 a permitting strategy, it is impor-

tant to keep these objectives in mind during preparation of the Title V permit application. Any decisionmaking related to permitting should consider these objectives.

limit Non-Substantive Permit Requirements

Permit limitations and provisions that have the effect of actually limiting real air emissions can be considered “substan- tive” permit requirements. “Non-substan- tive” permit requirements are primarily provisions administrative in nature, such as recordkeeping and reporting. Also,

Address Compliance Certification and Enhanced Monitoring

On an annual basis, at a minimum, the permit will require that a responsible facility official submit a “compliance cer- tification” to the state agency and/or the U.S. Environmental Protection Agency (EPA) stating whether continuous permit compliance was achieved during the previous reporting period (typically annually or semiannually). The compli- ance certification must identify periods and instances of non-compliance and address each affected emissions unit (point sources) and each affected emis- sion reduction program (leak detection and repair programs).

In conjunction with the compliance cer- tification process, Congress and EPA have deemed that the mechanism by which air quality compliance is tracked will be called “enhanced monitoring.” Both enhanced monitoring and compli- ance certification are mandated by CAAA Section 702(b), which amends Clean Air Act Section 1 14(a)(3) as follows:

The Administrator shall in the case of any person which is the owner or oper- ator of a major stationary source, and may, in the case of anv other persons,

determine if compliance is continuous or intermittent over the reporting period. Consequently, planning for enhanced monitoring and compliance certifications should be an integral part of the permit application process. According to the preamble provided with the proposed enhanced monitoring regulations, EPA envisions that enhanced monitoring pro- tocols will employ monitoring systems and procedures such as

CEMS data monitoring and recording Continuous process or control device parameter monitoring and recording Emission calculations based on accepted engineering estimation techniques Fuel or raw material usage data monitoring and recording Periodic verification of emissions, process parameters, or control device parameters using portable or in situ measurement devices (stack testing) Recording results of a work practice requirement, such as operation and maintenance procedures, leak detec- tion and repair programs, or fugitive dust control procedures Any other form of measuring emis- sions, process para device paramet enhanced monitoring requirements As a permitting strategy, it is impor-

tant to devise the enhanced monitoring protocol to be an integral part of the

~ it permit application. A facilitv’s plans for

a NOx CEMS. In such a circumstance, it is therefore advantageous from a cost perspective to lobby the state agency per- mit engineer for temperature and oxygen monitoring as a mechanism to ensure compliance with the boiler’s NOx emis- sion limitation (i.e., proposing an enhanced monitoring protocol). In such a scenario, NOx emissions data generated during a stack test would be correlated with a maximum temperature reading from the boiler’s combustion zone and a minimum stack oxygen concentration. CEMS are expensive to install, operate, and maintain, and in most cases it is wise to avoid CEMS installations.

Take Advanbge of the Benefits Pro- vided by the Permit Shield

Another important Title V concept con- cerns the CAAA permit shield. Congress included the permit shield provisions as a benefit to protect permittees. Compli- ance with the terms and conditions of a

mit will “shield” the per- r quality enforcement ht otherwise arise in the

future. However, there is an important

grams, applicable to the facility. Some of the items the state agency permit engi- neer may seek to locate include:

Previously unidentified facility equip- ment subject to New Source Perfor- mance Standards (NSPS) Previously unidentified facility equip- ment subject to National Emission Standards for Hazardous Air Pollu- tants (NESHAP) Previously unidentified facility equip- ment subject to State Implementa- tion Plan (SIP) regulations, including the application of Reasonably Avail- able Control Technology (RACT) in CAAA Title 1 nonattainment areas (e.g, NOx RACT for ozone control) Previously unidentified facility modifi- cations that triggered the Prevention of Significant Deterioration (PSD) air permitting regulations Previously unidentified modifications made at “grandfathered” facilities that triggered the state air permit review process Previously unidentified individual emis- sion sources within a facility (non-per- mitted emission sources not listed on previous emission inventories) Previously unidentified permitted emission sources whose emission rates exceed allowable levels as dic- tated by permit provision or regula- tion (emissions inventory-listed emission sources which exceed their permitted emission level) Previously unidentified facility modifi- cations that triggered the nonattain-

. . I .

enhanced m compl ce with that regulation. It is therefore

evaluation should be performed as part of the Title V process.

The major pitfall posed by the Title V permitting process is that instances of non-compliance discovered by the state agency could lead to regulatory enforce- ment actions. Having knowledge of such situations before the permitting process begins will allow necessary corrective actions to be taken prior to application submittal. Also, it may be possible to use

Consider Economics when , Planning for Enhanced Moqitoring

ngthe perthfing process, the cost soqces &i;essary fucarry Wt the

dinbnitoring requiremefitk,w-the it should be evaluated for point and area emission

by Existing Non-Compliance If the state agency permit engineer

assigned to prepare a facility’s permit does his/her job properly, the Title V

include a plan and schedule to achieve compliance. As a permitting strategy, it is important that a detailed air compliance audit and regulatory applicability evalua- tion be performed.

Forecast and Plan for Future Facility Changes

One of the most politically-controver- sial and highly-debated topics arising from CAAA implementation deals with permit modifications. Specifically, the central issue surrounds what type of process or air emissions change would require a facility to go reopen the Title V permitting process prior to the sched- uled permit renewal cycle. As a permit- ting strategy, it is advisable to forecast, to the extent possible, future facility process and operational changes that may impact air emissions. On a case- by-case basis, decisions should be made as to how each change would be interpreted in the Title V regulations which address permit issuance, renewal, reopenings and revisions (40 CFR 70.7 and/or the corresponding section of the applicable state Title V regulation). To avoid future permit modifications and reopenings, it may be advantageous to address planned facility changes during the initial Title V permitting process. After the Title V permit is issued, it is important to ensure that all facility changes are

allowable based on provisions found either in the permit or in the applicable state Title V permitting regulations.

neer, the content of the draft operating permit that the state agency issues for public comment should closelv track the content of the application operating per- mit. To facilitate this desirable scenario, it is important that the facility prepare the application operating permit USina the

Build Credibility by Filing a Complete, High Quality Application

* - In most states, agency air permitting

staff will be overloaded with Title V per- state agency and EPA model permit for- mat and permitting guidelines.

mits to prepare. Therefore, a well-docu- mented. clear Dermit amlication wi l l

I ,

makes the permit engineer’s job easier. Because the facility (and the facility’s

Follow Up with the Agency After Application Submittal

consultant) will have more knowledge on facility processes and air emissions than the agency’s permit engineer, it will be necessary to educate him/her on air quality issues important to the facility. This educational process provides an excellent negotiating opportunity. A complete, high-quality application builds credibility with the regulatory agency. Facilities should obtain copies of all state agency and EPA guidance docu- ments, such as model permits, related to permit review and preparation forms the permit engineer will be required to prepare, such as a completeness checklist, should be completed and incorporated into the permit application.

After the permit application is submit- ted, the following steps should be fol- lowed during the state agency permit review process.

The state agency’s progress in pro- cessing the permit application should be monitored on a routine basis. This will provide additional opportunities to educate and answer questions posed by the permit engineer and to influence the direction of the permit review process. Any additional information requested should be provided promptly so that there is no speculation about delays. When EPA and/or public comments on the facility’s draft operating permit are received by the state agency, draft responses to the comments should be formulated and promptly provided to the state agency.

Prepare an Application Operating Permit

One of the most important suggested permitting strategies is really quite sim- ple: a complete, draft version of the permit that the facility would like to obtain should be provided to the state agency as part of the Title V permit application submittal. This document can be termed the “application operat- ing permit.” To understand this approach, it must be realized that his- torically, most environmental permit applications simply transmit raw infor- mation to the environmental agency, and the permittee then depends on the agency’s permit engineer to craft the actual permit document.

This approach will advance permit structure, compliance schedules, emis- sion limitations, enhanced monitoring protocols, compliance certification for- mats, and other permit language favor- able to the facility. In addition, the application operating permit will almost certainly serve as a starting point for per- mit negotiations. Because of the heavy workload of the state agency permit engi-

Summary To avoid permitting pitfalls and

obtain the best possible Title V permit, the most critical factor is to start now. Those facilities that take the time to prepare high quality, well-planned per- mit applications will obtain the best Title V permits for their facilities. Sug- gested steps include:

Process and Air Emission Source urvey and Characterization. ey and characterize facility es and air emission sources. cludes locating previously

unidentified sources and verifying emission estimation and speciation methods for all sources. In this context, air emission sources at the facility will include both point and area/fugitive sources. Document emission sources on simplified process flow diagrams and facility plot plans. Conduct a sur- vey for chlorofluorocarbons (CFCs) and Title Ill Extremely Hazardous Sub-

52 The NationnI Environmental \ourna[ November/December 1994

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stances. Where appropriate, recalcu- late source emissions data or make recommendations to perform source emissions testing. lndentify each emis- sions some subject to enhance moni- toring, and determine which control device andlor operating parameters can be correlated with air emissions (surrogate parameter identification).

Forecast and Plan for Future acility Modifications. ast, to the extent possible, future rocess and operational changes affect air emissions. On a case-

y-case basis, decide how each facility change would be interpreted in the Title V regulations that address permit issuance, renewal, reopenings, and revi- sions (40 CFR 70.7 and/or the corre- sponding section of the applicable state Title V regulation). For each change, decide whether to address the future modification in the Title V permit applica- tion. Develop a mechanism to track (after issuance of the Title V permit) facility changes that affect air emissions or the status of the operating permit.

n Air Quality Compliance Audit Applicability Evaluation.

the applicability of pre- and regulations and programs

ect to existing and planned facility operations and develop an over- all air quality compliance strategy. Pre- CAAA requirements that should be audited include SIP, NSPS, NESHAP, PSDINSR, etc. The post-CAAA requirements will include but not be limited to: Title I - Mandates emission control

and permitting programs for areas designated as nonattainment with National Ambient Air Quality Stan- dards (NAAQS).

Title Ill - Mandates emission reductions for routine releases of hazardous air pollutants (HAPS) through the appli- cation of Maximum Achievable Con- trol Technology (MACT). Also, Title 111 mandates a program to prevent cata- strophic releases of extremely haz- ardous substances (EHS), which are typically substances with acutely toxic characteristics.

Title IV - For power plants, there are many requirements dealing with the acid rain mandates of Title IV, such as CEMS installation and certification.

Title VI - Mandates a phase-out of CFCs as a mechanism to protect stratos- pheric ozone Facility CFC use and phaseout plans must be reviewed. To accomplish air regulatory applica-

bility evaluations, review current and historical facility information When cir- cumstances of potential non-compliance are located, efforts should be made to resolve non-compliance before the per- mit application is submitted A work plan to achieve compliance should be devel- oped as part of this exercise

Enhanced Monitoring rotocols and a Compliance rtification Format. the strategies presented in this develop a cost-effective

enhanced monitoring protocol and a format for submitting compliance certifi- cations Concurrent with this exercise, a comprehensive and systematic air quality recordkeeping and reporting system should be developed This recordkeeping and reporting system should be designed to mirror the enhanced monitoring protocol and the compliance certification format This may require development of computer databases, file structures and systems, standard operating procedures, and personnel responsibilities

re an application operating that the guidelines and for-

agency should be closely followed. If pos- sible, conduct a trial run at the facility to evaluate how the facility complies with the application operating permit.

, Submit and Track the perating Permit Application. the guidelines presented in this omplete all Title V forms and

ion requirements, and submit an organized, comprehensive, and under- standable permit application. The appli- cation should include a copy of the application operating permit, an enhanced monitoring protocol, a compliance certifi- cation format, and a proposed CAAA recordkeeping and reporting system. If necessary, a compliance plan and sched- ule should be submitted After submittal of the operating permit application, follow up

0 closely with the state agency

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