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TITLE 5 PERMIT REVIEW

TRAINING

June 13, 2013Joy Wiecks

Fond du Lac Reservation

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GETTING STARTED WITH TITLE 5 PERMITS Description Features Sources they cover Reviewing them

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NEED FOR TITLE 5 Air quality goals were not met Confusion as to what requirements

applied to a facility Existing rules often lacked monitoring Limited public access and comment Weak compliance oversight Purpose of Title V permit:

accountability, improved compliance and enforcement for facilities that have started operating

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TITLE 5 BASICS Refers to Title 5 of the CAA Operating permits, not

construction “Bucket” program Contains enforceable conditions

(federal or state) Addresses major sources (see

next slide) Grows with the facility Updated regularly Addresses criteria pollutants,

toxics, and greenhouse gases

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SOURCES SUBJECT TO TITLE 5 INCLUDE Any major source

Any facility with Potential To Emit above: 10 tpy any one toxic; 25 tpy of combination of toxics; 100 tpy any regulated pollutant; lesser amounts if in n/a area.

Any solid waste incineration unit under CAA section 129

See www.epa.gov/oaqps001/permits/obtain.html for updated list of non-major sources; most non-majors are exempt from Title 5.

Many facilities took limits to avoid Title 5 (Synthetic Minors)

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SYNTHETIC MINORS (NOT TITLE 5’S)

Covered under Federally Enforceable State Operating Permit (FESOP), minor NSR permits, or state prohibitory rules

Different from a true minor Needs federally enforceable

limits to stay under major source threshold

Sources may choose to be synthetic minor for different reasons

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TITLE 5 SPECIAL FEATURES Requires compliance certification

from a high-level company official

Adds enhanced monitoring (sometimes), record-keeping, and reporting requirements and schedules for these

Has citizen suit opportunities Forces a facility-wide look,

potential reductions “Insignificant units” can be left

out of the permit application (but not the permit)

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COMPARISON OF PERMIT TERMS: PSD PERMIT V. TITLE V PERMIT FOR RIVERTON DOME GAS PLANT

Permit Term PSD Permit Title V Permit

Emission limits 2.3 lbs/hr of NOX1.7 lbs/hr of CO .5 lbs/hr of VOC

2.3 lbs/hr of NOX1.7 lbs/hr of CO .5 lbs/hr of VOC

Monitoring and testing

Perform initial compliance test within 30 days of engine retrofit

Measure NOX and CO at least once per quarter, using a portable analyzer and monitoring protocols approved by EPAFor VOC, conduct a performance test once every 5 years using protocol approved by EPA

Recordkeeping Record initial test results Keep records of:Date, place and time of sampling or measurementsDate(s) analyses were performedCompany or entity that performed the analysesAnalytical techniques or methods usedResults of such analysesOperating conditions as existing at the time of the samplingRetain records of all required monitoring data and support information for at least 5 years

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TITLE 5 UPDATES (RENEWALS)Periodic Title 5 updates incorporate new

requirementsSIP limits that result from updated NAAQSNew requirements such as Maximum

Available Control Technology, New Source Performance Standards, National Emissions Standards for Hazardous Air Pollutants

Regional haze requirements (Best Available Retrofit Technology)

Updates to otherwise ensure compliance

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MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY

Applies to major sources of toxic pollutants (PTE of 10 tpy of single HAP, or 25 tpy of multiple HAP’s)

EPA sets MACT emission levels - offers choices of control options

MACT based on the top-performing 12% of industry sources

EPA required to do an 8 year residual risk review

Source can take limits to stay out of MACT if done before specific regulation passed

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LAYOUT OF A PERMIT Basics (same for most permits), “thou

shalt’s/shalt not’s” For each process line or emissions source,

the permit generally has: Description of process and its stacks and pollution

control equipment Emission limit or other type of limit Monitoring, recordkeeping and reporting

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LAYOUT, CONTINUED

What to do Why to do itLine 3 may emit no more than 0.3 lbs of NOx/hr

Requirement xxx.111

Lines 1, 2, and 3 may emit no more than 52 lbs of NOx/hr

Requirement yyy.222

Lines 1, 2, and 3 may emit no more than 245 tons of NOx/yr

Requirement zzz.333

Line 3 may burn only solid fuel

Requirement xxx.111

Lines 1 and 2 can burn solid and liquid fuel

Requirement sss.555

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EVERY NUMBER IN A PERMIT HAS A STORY

Permit limits/requirement come from: Federal programs (i.e. NSPS,

BART, MACT) NSR permits State-only requirements SIP requirements Enforcement actions

If reason not clear, check with permit engineer

Facility needs to demonstrate how they’re meeting limits

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PERMITS TERMS INCORPORATE… Requirements needed to meet NAAQS

and state standards Requirements needed to meet Class II

increment (measure of how much additional pollution is allowed)

Requirements needed to meet Class I increment, visibility, and acid deposition, air toxics programs

Appropriate emission controls Any required mitigation

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MONITORING, REPORTING, RECORDKEEPING

For any permit standard or limit, there must be monitoring, reporting, and recordkeeping

Frequency of monitoring depends on: how close to NAAQS emissions are; health effects of pollutant; cumulative emissions; variability of emissions

Semi-annual monitoring reports, plus compliance certification

Records kept on-site for 5 years

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EVALUATION CHARTOperational Restriction or Emission Limitation

Monitoring

Recordkeeping

Reporting Testing

0.3 lbx NOx/hr on Line 3

Stack test

Keep on file for 5 years

60 days after final report

Test method

OpacityCEM’s Keep on file

for 5 yearsReport deviations

Certify CEM’s every year

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CONTROL EQUIPMENT Need to make sure

equipment is functioning properly

Do this thru stack testing or parametric testing

Parameters: scrubber water flow rate, ESP voltage, fabric filter pressure drop

Need ranges, and actions to take if parameters outside range

One pollutant can serve as a surrogate for another

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BEST BANG FOR THE BUCK Units subject to pre–1990 rules Units subject to a SIP requirement for

which there is no reasonable compliance assurance method specified

Units subject to old NSR permits Voluntary terms created in the Title V

permit

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FACILITY PLANNING REQMTS

Facilities have operating and maintenance plans for equipment

Inspection frequency, employee training, spare parts kept on-site, etc.

Dust control plans Monitoring equipment operation plans All of the above can be incorporated by

reference

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PERMIT VARIABLESMany items require judgment calls

on the part of the permit engineer. Frequency of testing Stack testing vs. CEM’s Permit engineer considers: how

close to the NAAQS emissions will be; how reliable the emissions data is; health effects of the pollutant

The permit should retain the ability to change testing frequency, etc. depending on the results obtained

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DECISIONS, DECISIONS – HOW DO YOU CHOOSE WHICH PERMITS TO REVIEW?Concerns will be different for each

Reservation Standard re-issuance or new items? Pollutants of concern? Magnitude of pollutant changes Reputation of facility Distance from Reservation How close to the NAAQS are the

emissions? How complicated is the permit?

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PRACTICAL ADVICE The more permits you review, the better you will

get at it! Be sure every requirement has: monitoring,

reporting, and recordkeeping associated with it Make sure permit has “outs” or ways to change

the permit if results are unacceptable Read the TSD first for explanation of processes

and limits EPA doesn’t review all permits, but sometimes

“takes requests” from tribes Call the permit engineer, the FLM, the EPA to

ask questions Attend public hearing, or request one

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THINGS TO LOOK AT IF YOU HAVE TIME Check calculations and emission factors Look up regulations referenced in the

permit for understanding and applicability (modeling, monitoring methods, etc)

Can look at permit application Read any studies referenced Read appendices

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PERMITTING PROCESS Company submits an application Permitting agency reviews Draft permit issued to company to

review (sometimes) Draft permit put on public notice 30 day comment period follows A 45-day EPA review period usually

occurs at the same time

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PUBLIC INVOLVEMENT (TITLE 5)Title V Programs Provide the Public with

Opportunities to: Comment on and request a public

hearing on draft permits Appeal Part 70 permits in State court

and petition EPA to object to such permits

Appeal EPA-issued permits to the Environmental Appeals Board and federal courts

Track compliance by reviewing reports/certifications submitted by sources

Bring enforcement actions in civil court for permit noncompliance

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CONCLUSIONS Title 5 is a “bucket”

program Covers major sources Comprehensive look at

the facility Many opportunities for

public involvement Make sure that

compliance will be demonstrated