Title V Site Operating Permits SOPs Initial Revision

Title V Site Operating Permits (SOPs) Initial, Revision, and Renewal Applications Palo Duro Canyon, Lighthouse Rock © Earl Nottingham / Texas Parks and Wildlife Department Vasant Chaphekar, P. E. & Carolyn Maus, P. E. Air Permits Division Texas Commission on Environmental Quality Environmental Trade Fair 2017

Overview Introduction to Title V Permitting How & When Do I Apply for an Initial SOP? How Do I Renew or Revise My SOP? Top 10 Efficient Permitting Tips Where Can I Get More Help?

Overview Introduction to Title V Permitting

Who, Why, What, Where, and How of a Title V Permit?

Who, Why, What, Where, and How of a Title V permit?

Why is a Title V Permit Needed? Requirement established by FCAA Amendments of 1990 Legal authority to operate a facility that releases air emissions Framework to codify previously authorized air emissions State and federal enforceability of the regulations

Who Needs a Title V Permit? • Emission sources listed in 40 CFR § 70. 3: § Major sources as defined in 30 TAC § 122. 10 § Affected sources: Ø Subject to acid rain rules Ø Subject to Section 111 or 112 of FCAA Ø Solid waste incineration units Ø Non-major sources listed by EPA that are subject to NSPS, NESHAP, MACT

Who are the Stakeholders in the Title V Permit Program? Local Planet Business EPA Title V Permit Public State

What Does a Title V Permit Provide? • Legal and technical framework to organize and Framework to between stakeholders Framework to share data Single operating organize and share demonstrate permit • Combines all applicable requirements compliance for units at data a site into a single operating permit • Adds sufficient monitoring, recordkeeping, reporting to demonstrate compliance Compliance State/federal Authorization for verification enforcement • Improves compliance verification 5 years simplification • Simplifies state/federal enforcement • Valid for 5 years

What Does a Title V SOP Contain? Table of Contents General & Special Terms & Conditions Attachments Appendices

What are the SOP Attachments? Attachments Applicable Requirements Summary Additional Monitoring Requirements (PM/CAM) Permit Shield NSR Authorization References Compliance Schedule Alternative Requirement

What Do the SOP Appendices Contain? Appendices Acronym List Major NSR Summary Table

What is the Process to Obtain a SOP?

Introduction to SOPs - Quiz True or False? • Title V permit is not needed for a site that has PTE ≥ 100 tpy for a pollutant but has actual emissions < 100 tpy. F • All minor sources are exempt from Title V requirements. False F • Fugitive emissions are exempted from PTE computation to determine major source status for HAPs. F False

Introduction to SOPs - Quiz True or False? • Textual Description in Applicable Requirements Summary table is not enforceable. T • There is no application fee and no permit issuance fee for a Title V permit. True T • A Title V permit can establish a new NSR special condition or a new emission limit for a site. F True False

Case Study - Major Title V Site has multiple process areas and meets site definition per 30 TAC § 122. 10(27). Source: http: //www. clui. org/ludb/site/eastman-longview Attribution-Noncommercial-Share Alike 3. 0 Creative Commons License

True or False? Major site with multiple process areas must have a Title V permit for each process area. False Source: http: //www. clui. org/ludb/site/eastman-longview F Attribution-Noncommercial-Share Alike 3. 0 Creative Commons License

True or False? All emission sources subject to regulation must be in at least one Title V permit. True Source: http: //www. clui. org/ludb/site/eastman-longview T Attribution-Noncommercial-Share Alike 3. 0 Creative Commons License

True or False? A Title V permit may be authorized by more than one RO. False Source: http: //www. clui. org/ludb/site/eastman-longview F Attribution-Noncommercial-Share Alike 3. 0 Creative Commons License

Overview How & When Do I Apply for an Initial SOP?

Initial SOP Processing

How & When Do I Apply for an Initial SOP? Submit TCEQ forms to determine sitewide and unitspecific requirements Submit ‘nonconfidential’ versions of area map, plot plan, process information Submit required certification forms Due before site operation begins or 12 months after TCEQ/EPA action

Linking SOP Sections & TCEQ Forms SOP Sections Applicable OP Form Permit Face OP-1, OP-2, Core Data General & Special Terms & OP-REQ 1 Conditions Applicable Requirements Summary OP-SUM, OP-UAXX Additional Monitoring Requirements OP-MON (PM/CAM) Permit Shield OP-REQ 1, OP-REQ 2 PSD/NA/NSR/PBR Authorization OP-REQ 1, OP-SUM References Compliance Schedule OP-ACPS Alternative Requirement OP-REQ 1 Major NSR Summary Table TCEQ-20648

Initial Application Preliminary Review Completeness Check Company/Site Data Site Operations Introductory E-mail

Initial Application Technical Review Site-wide requirements • OP-REQ 1 Unit-specific requirements • OP-SUM • OP-UA Negative applicability • OP-REQ 2

Initial Application More Technical Review Compliance PM/CAM Major NSR Summary • OP-ACPS • Compliance History Review • OP-MON • Form TCEQ-20648

Initial Application Technical Review 30 TAC Chapter 106 and Chapter 116 permits Major NSR Summary Table: • PSD/NA permits • Emission points in the MAERT • Monitoring/testing, recordkeeping, reporting

Initial Application Periodic Monitoring • Does the rule contain sufficient monitoring? • Does it have sufficient monitoring frequency? If you answered No at least once, you’ll need PM.

Initial Application Compliance Assurance Monitoring Emission Limit Control Device CAM applies! Pre-control ≥ major

Initial Application Resolving Deficiencies The permit reviewer will: • Send a list of deficiencies • Review applicant responses • Request additional information if needed

Initial Application Working Draft Permit The applicant will: • Submit comments within requested timeframe • Legibly mark changes on forms or draft • Clearly indicate new, revised, and deleted data • Certify updates prior to public notice

Initial SOPs - Quiz True or False? • If a unit is subject to MACT requirements proposed after November 1990, then that unit is exempt from all other CAM requirements. False • A permit shield provides protection from an enforcement action. False F F

Initial SOPs - Quiz True or False? • Permit Compliance Certification must be submitted only if there is a deviation from permit requirements. F • A permit shield request must demonstrate that all criteria for a given non-applicability reason are met. True T • Periodic Monitoring may consist of recordkeeping requirements. T False True

Overview How Do I Renew or Revise My SOP?

Overview SOP Renewals

SOP Renewal Timeline TCEQ sends renewal notification Permit issued Application due (6 -18 months before expiration) Five year permit term (unless otherwise noted) Permit expiration

SOP Renewal Process

SOP Renewal Application Update all requirements Evaluate PM/CAM for all units Certify compliance status Public notice and EPA review

Overview SOP Revisions and Notifications

SOP Revisions and Notifications Reviewed by: TCEQ EPA Purpose is to maintain current applicable requirements The public

Notifications Can I use a notification? When should I submit my notification? What is a notification?

Notification Types Off-permit changes Operational flexibility • Add applicable requirements from site changes • Remove unit • New unit • Decrease NSR emission limits • New PBR/standard permit • Modify applicable requirements

Renewals/Notifications - Quiz True or False? • Renewal application received before permit expiration is always timely. F • Permit changes at renewal are only triggered by changes at the site. False F • Notifications can be submitted after operating the proposed change. F False

SOP Revisions Types Administrative Minor Significant

SOP Revisions Application Describe each change Identify affected emission units Use appropriate TCEQ forms

Administrative Revision What changes? 30 TAC § 122. 211 When is it due? 30 days after anniversary Procedures? Operate before issuance

Administrative Revision Process

Minor Revision What changes? 30 TAC § 122. 215 When is it due? Before operation Procedures? Operate before issuance

Minor Revision Process

Significant Revision What changes? 30 TAC § 122. 219 When is it due? Before operation Procedures? Operate after issuance

Significant Revision Process

Revision Case Study - General Can we revise Title V while waiting on NSR? What type of revision do we need? New chemical process Pending NSR amendment MACT FFFF requirements

Revision Case Study - General Public notice or announcement cannot start until NSR issued New chemical process Can add units in minor revision… Or significant (if adding permit shield) Pending NSR amendment MACT FFFF requirements

Revision Case Study - Forms What are the changes? Update process information? OP-2 Process description Did I certify? OP-CRO 1

Revision Case Study - Forms Affected units/NSR authorizations? What unit attributes are needed? OP-SUMR OP-UA Are there site-wide requirements? OP-REQ 1

Public Notice Publish Notice Post Signs Applicant Tasks Public Viewing Submit Forms

Public Announcement • TCEQ publishes announcement online • TCEQ posts documents online Public Notices for Minor Permit Revisions. This report lists by applicant all minor permit revisions that are in the 30 -day public announcement period.

EPA Review • 45 -day review period • Concurrent with public notice/announcement • Stops if comments are received: § Begins again after comments are addressed

Final State Action After EPA review: • TCEQ issues permit • 60 -day public petition period: § EPA may receive valid petition § TCEQ resolves objections § Permit may be modified

Top 10 Efficient Permitting Tips Make sure OP-CRO 1 is signed by authorized person Follow instructions & submit latest version of forms Explain empty rows in Major NSR Summary Table Use flowcharts to validate unit attributes If unsure, ask permit reviewer how to fill out forms or any other questions

Top 10 Efficient Permitting Tips Check all portions of the application for consistency Clearly explain changes, especially if no form available Only submit permit shield requests for potentially applicable regulations Provide reasoning for WDP comments Be responsive to permit reviewer

Overview Where Can I Get More Help?

Guidance • TCEQ Memos • Additional FOP Guidance

Submitting Applications to TCEQ APIRT, MC 161 P. O. Box 13087 Austin, TX 78711 -3087 Mail a copy of all applications to the appropriate TCEQ regional office.

Submitting Updates to Applications Under Review [Name of Assigned Permit Reviewer] TCEQ Air Permits Division, MC 163 P. O. Box 13087 Austin, TX 78711 -3087 Mail a copy of all updates to the appropriate TCEQ regional office.

Submitting Information to EPA Region 6 Air Permits Section (6 PD-R) EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202 -2733 • Send all applications on a CD • Send all application updates to: R 6 Air. Permits. TX@EPA. gov • Identify the permit number

Thank You! Air Permits Division (512) 239 -1250 Bighorn Sheep Release at Big Bend Ranch © Texas Parks and Wildlife Department