Practically Enforceable Permit Conditions

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Practically Enforceable Permit Conditions

• Ray Vogel
• U.S. EPA/OAQPS

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Practical Enforceability

• Purpose is to make sure permit limits are
• Clear as to who limit applies to
• Clear as to when compliance is required
• Short-term, so that compliance can be determined
  relatively quickly
• Clear as to what standard a source must meet
• Clear as to how compliance is to be determined

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Practical EnforceabilityExample 1

• The operator shall maintain adequate records, as
  determined by the Director.
• Not practically enforceable
• No standard on adequate?
• Director, not EPA or citizens, has sole
  discretion to determine if records are adequate

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Practical Enforceability Example 2

• The operator shall take corrective action if
  parameters are significantly out of range.
• Problem vague and subjective
• How is significantly out of range determined?
  By whom?
• What kind of corrective action?

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Limits on Potential to Emit (PTE)

• PTE limits must be practically enforceable
• Short-term (monthly or rolled monthly)
• Limit operation or production, if source has
  capacity to emit at major source levels
• Recordkeeping to verify compliance

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Unenforceable PTE Limits Example 1

• Plant capable of emitting 300 tpy of CO has only
  a 249 tpy emission limitation
• Problems annual limit, no limit on operation or
  production, no recordkeeping
• Step 1 Impose a monthly limit on hours of
  operation or production which, when multiplied by
  CO emission rate, 249 tpy
• Step 2 Require recordkeeping to verify
  compliance with operation/production limit

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Unenforceable PTE Limits Example 2

• Plant with rock crusher, permit limits 0.05 gr
  PM/dscf fabric filter must be used and operated
  at 99 efficiency
• Problem does not specify means of determining
  efficiency
• Correction periodic testing and monitoring of
  fabric filter to ensure 99 efficiency is achieved