Title 5 Training (2)x

Report
June 13, 2013
Joy Wiecks
Fond du Lac Reservation
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 Description
 Features
 Sources
they cover
 Reviewing them
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 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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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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



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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 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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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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Permit Term
PSD Permit
Title V Permit
Emission limits
2.3 lbs/hr of NOX
1.7 lbs/hr of CO
.5 lbs/hr of VOC
2.3 lbs/hr of NOX
1.7 lbs/hr of CO
.5 lbs/hr of VOC
Monitoring and
testing
Perform initial compliance
Measure NOX and CO at least once per quarter,
test within 30 days of engine using a portable analyzer and monitoring protocols
retrofit
approved by EPA
For 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 measurements
Date(s) analyses were performed
Company or entity that performed the analyses
Analytical techniques or methods used
Results of such analyses
Operating conditions as existing at the time of the
sampling
Retain records of all required monitoring data and
support information for at least 5 years
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Periodic Title 5 updates incorporate new
requirements




SIP limits that result from updated NAAQS
New 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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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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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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What to do
Why to do it
Line 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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
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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 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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 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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Operational
Restriction
or Emission
Limitation
Monitoring
Recordkeeping
Reporting
Testing
Stack test
Keep on file for
5 years
60 days
after final
report
Test
method
CEM’s
Keep on file for
5 years
Report
deviations
Certify
CEM’s
every
year
0.3 lbx
NOx/hr on
Line 3
Opacity
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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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 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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 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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Many 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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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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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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 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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 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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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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 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
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