Transcript www.tceq.state.tx.us

Updating Title V Post Permit
Forms
Joseph A. Janecka, P.E.,
Air Program Liaison
Field Operations Support Division
TCEQ
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.
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
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
Current Update Needs (cont’d)





Ensure compliance with the Agency’s
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
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.
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
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.
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.
All emissions events ARE
deviations.
Therefore:
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
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
How Compliance Certification
Periods May Vary

The Compliance Certification submission
deadline is based on the end date of the
reporting period. Not 12 months.
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
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.
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.
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.
Questions on any of the
information so far presented?
-----------
And now, let me show you a few
more prepared/common issues
before we move into open
discussion
(Referring to prepared
documents)