Updating Title V Post Permit Forms

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Updating Title V Post Permit Forms
Joseph A. Janecka, P.E., Air Program
Liaison Field Operations Support Division TCEQ
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What Forms? You ask

• Permit Compliance Certification PCC also
  sometimes referred to as Annual Compliance
  Certification. Supports Chapter 122, 122.146.
• Semiannual Deviation Report DevRpt Supports
  Chapter 122, 122.145.

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Plan for Update

• Current needs identified - complete
• Management approval - complete
• Schedule for completion Goal 2008 Trade Fair
• Public Participation Stakeholder meetings Austin
  March 13, Houston March 19, Midland April 1

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Update Needs Currently Identified

• Typos, Reference to TNRCC, DRAFT watermark,
  etc.
• Incorporate Central Registry Requirements
• Restructure to mimic Air Permits Division (APD)
  application forms
• Relocate web site links and information from APD
  to Office of Compliance and Enforcement (OCE)
  Field Operations web page

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Current Update Needs (contd)

• Ensure compliance with the Agencys forms
  procedures
• Ability to refer to reportable emissions events
  quickly and efficiently
• Provide for credible evidence
• Explore the need for CAIR and CAMR certifications
• Request copy of DevRep to US EPA

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New Look But Familiar Look

• Restructure the forms to that similar to Air
  Operating Permits applications
• Form
• Instructions
• Guidance
• Forms and Instructions are managed and subject to
  Agency forms policy and procedure. Guidance is
  not.

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Other Updates Needs

• Expand the breadth and depth of examples in
  guidance
• Make sure what we have is current
• Include more examples that best explain questions
  that have arisen since the older forms versions

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And Finally

• Discuss and develop a process to minimize time
  between form updates, if needed
• Promote a better understanding between regulated
  entities, Field Operations, and other
  stakeholders on how these forms are used.

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Emission Events

• Definition Emissions event--Any upset event or
  unscheduled maintenance, startup, or shutdown
  activity, from a common cause that results in
  unauthorized emissions of air contaminants from
  one or more emissions points at a regulated
  entity.
• Therefore All emissions events ARE deviations.

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How Compliance Certification Periods May Vary

• Compliance Certifications at least every 12
  months
• Certifications must be continuous.
• Compliance period start date defined by one of
  three events
• Initial Permit issuance date
• End of previous compliance period
• Change of Ownership Purchaser

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How Compliance Certification Periods May Vary

• Compliance period end date defined by earliest of
  three events
• 12 months since last compliance certification
• Change of ownership Seller
• Void Permit
• Or, the permit holder may define a shorter period
  voluntarily

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How Compliance Certification Periods May Vary

• The Compliance Certification submission deadline
  is based on the end date of the reporting period.
  Not 12 months.

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Recent Guidance Deviations

• How to document the following examples of
  continuous non-compliance
• Exceedance of permit emission allowables
• Construction and/or operation without
  authorization
• Enter one line, include start date/time and end
  date/time.
• Enter Number of deviations 1

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Recent Guidance Deviations

• Question What would be considered reasonable
  inquiry for discovery or use of credible
  evidence (by the permit holder)?
• Please note we are merely providing examples of
  reasonable inquiry, but not completely defining
  the term.

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Credible Evidence through Reasonable Inquiry

• Answer 1 - Multiple rules for same unit and
  pollutant/requirement
• A deviation for the same unit and pollutant,
  where the measured exceedance, lack of required
  work practice, or unauthorized or prohibited
  activities or operations in one rule that would
  constitute a deviation of another rule.

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Credible Evidence through Reasonable Inquiry

• Answer 2 - Emission events at same unit and
  pollutant, including cause
• Any emission event resulting in a measured
  exceedance, or indicative of a lack of required
  work practice, or unauthorized or prohibited
  activities or operations would constitute a
  deviation of rule for the same unit and
  pollutant.

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Questions on any of the information so far
presented?-----------
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And now, let me show you a few more
prepared/common issues before we move into open
discussion(Referring to prepared documents)