Transcript Title V Compliance Certification and Deviation Reporting

TITLE V COMPLIANCE
CERTIFICATION AND DEVIATION
REPORTING
Annette Maxwell and Erica Solis
Office of Compliance and Enforcement
May 5, 2015
Introduction

Brief discussion of history and scope

Review of compliance documents

Investigation process
Clean Air Act

1977 Clean Air Act

Established New Source Review (NSR) permitting


Construction and major modification of facilities
1990 Clean Air Act Amendments

Established Title V permitting

Federal operating permits


Title 40 Code of Federal Regulations (CFR) Part 70
Title 30 Texas Administrative Code (TAC) Chapter 122
Title V Operating Permit

Includes all applicable air requirements

Federal standards


State standards


40 CFR 60 (NSPS), 40 CFR 61 (NESHAP), 40 CFR 63
(MACT), etc.
30 TAC 111 (visible emissions), 30 TAC 117 (nitrogen
oxides), etc.
NSR authorizations

Case-by-case permit, standard permit, permit by
rule
Title V Operating Permits

Two common types:
Site Operating Permit (case-by-case)
 General Operating Permit (cover similar sites)


In general, they prescribe
Monitoring requirements
 Recordkeeping and reporting requirements
 Compliance plans for emission units not in
compliance with applicable requirements

Additional Recordkeeping

All permits have a general recordkeeping
requirement:

30 TAC 106.8(c)(2) [Permits by Rule]

30 TAC 116.115(b)(E) [NSR Permits]

30 TAC 122.144 [Title V Permits]
My Title V permit has been issued. Now
what?

Deviation Report (DevRep)
Detailed requirements in 30 TAC 122.145(2)
 Due twice per year (6 months)*


Permit Compliance Certification (PCC, also
known as Annual Compliance Certification)
Detailed requirements in 30 TAC 122.146
 Due annually (12 months)*


Forms, Instructions, and Guidance:
*unless otherwise specified at a higher frequency in a permit
condition or other ordering provision specified by the
commission
Reporting Period Calculation

Start date is either
The permit issuance date, or
 The day after the end date of the previous
reporting period


End date is
Start date + 6 months - one day for deviation
reports
 Start date + 12 months - one day for PCC
 Note that the deviation reporting period will not
be exactly 180 days, for example:



Jan 1 to June 30 = 181 days (182 days on leap years)
July 1 to December 31 = 184 days
Reporting Period Calculation,
continued

Actions that do not change compliance period
dates:




Actions that do change compliance period
dates:




Permit revisions
Permit renewals
Change in ownership
Permit revocation*
Permit termination*
Permit reissuance (restarts the compliance period)
30-day submission period begins on last day of
PCC and/or DevRep period
*end date compliance period unless otherwise formally laid out in an Agreed
Order or other order of the commission or EPA
Things to Remember

You can change your reporting period, but
remember:
Never exceed 6 months for deviation reports and
12 months for permit compliance certification
 Account for every day (no gaps)



No deviation report is required if there were
no deviations to report during the reporting
period
A PCC is required at least annually
regardless of whether or not deviations
occurred
What is a deviation?

30 TAC 122.10(6) defines deviation as:

Any indication of noncompliance with a term or
condition of the permit as found using
compliance method data from monitoring,
recordkeeping, reporting, or testing required by
the permit and any other credible evidence or
information.
Is a deviation always a violation?

Most deviations will become alleged violations
upon further review
Violation
Not a violation
Operating parameters
outside the permitted range
(Ex: flare pilot outage,
thermal oxidizer temp,
scrubber pH)
Non-reportable emissions
events that include all
records under 30 TAC
101.201
Missing records
Deviations properly
disclosed under the
Environmental, Health, and
Safety Audit Privilege Act
Missing reports
Previously cited violations
Things to consider


The permit holder has an obligation to
report deviations
Not reporting a deviation is itself a deviation
that must be reported separately
Filling out the Deviation Report

Part 1:

Include all instances of deviations

Separately list all deviations even if they are caused
by a single event

Include cause of deviation

Include corrective action taken
Deviation Report Form – Part 2

Part 2:
This part is optional
 Use of Part 2 streamlines the investigation process
 Include non-reportable emissions events (those
not required to be reported within 24 hours of
discovery per 30 TAC 101.201)
 Includes all information required under Part 1
except STEERS incident number

Credible Evidence


Can be used to demonstrate either
compliance or noncompliance
Credible evidence examples:
Indication of noncompliance from monitoring
methods of one rule that can be appropriately
applied to another rule
 Credible citizen collected evidence
 Findings from TCEQ investigations
 Emissions events


Must meet Texas Rules of Evidence
Deviation Report Form – Part 3

Part 3:
This part is optional
 Used to report monitoring or credible evidence
 If the permit requirements indicate noncompliance, but other evidence/monitoring
shows compliance

Permit Compliance Certification
Form


Purpose: to certify compliance with an
issued operating permit
Submit a copy to:
The appropriate TCEQ Regional Office
 EPA, Region 6

PCC – Part 1

Part 1:

Certification


“Yes” indicates that all deviations are accounted
for
Indicate whether deviations occurred

Previously reported in compliance period


Use Part 2
Currently reported with PCC

Attach DevRep Form
PCC – Part 2

Identifies deviation reports made during the
certification period
Include the six-month deviation reports
 Include any additional reports, for example:

Deviation reports due to change of ownership
 Re-submittal of corrected deviation reports
 Other reports/documents used to declare
deviations

PCC – Part 3


Specifies a monitoring method when the
permit contains monitoring options and it
cannot be determined which option is used
from that permit document
Required whether or not there was a
deviation
Certification by the Responsible
Official


Certification of accuracy and
completeness statement to meet
requirements of 30 TAC 122.165(b)
PCCs and DevReps must be submitted with
a certification by the responsible official:
True
 Accurate
 Complete


OP-CRO1 form

Note: For PCCs and DevReps use the specific
date fields, not the time period fields
Submission

30 day submission period
Begins on the reporting period end date
 TCEQ follows the Texas Rules of Civil Procedure:


PCCs and DevReps must be postmarked within 30
days of the reporting period end date

Unless the TCEQ Chief Clerk’s office is closed*


If the last day of the submission period falls on a
weekend or holiday for which the Chief Clerk’s
office is closed
In this event, postmark is due the next open business
day
*30 TAC 1.7 relating to computation of time
Note on Voided Permits


When a permit is voided, canceled,
revoked, terminated, etc. due to facility
closure or any other reason, you still have an
obligation to submit a final PCC and
DevRep
All time must be accounted for
TCEQ Report Review

Title V Permit Compliance Reports are
evaluated by TCEQ Regional Office with
jurisdiction
Permit Compliance Certification
 Deviation Reports
 Certification by Responsible Official
 Other Reports Required by the Title V Permit

TCEQ Report Review

Permit Compliance Certification
(Permit Compliance Certification - PCC Part 1)
Timeliness of Report - 30 TAC122.146(1) and (2)
 Certification of Continuous Compliance 30 TAC122.146(5)(B)
 Identification of Deviation Reports –
30 TAC 122.146(5)(C)

TCEQ Report Review

Permit Compliance Certification

Timeliness of Reporting
COMPLIANT - 30 days from the end of reporting
period.
 NOTICE OF VIOLATION – 31 – 59 days from the end
of the reporting period.
 NOTICE OF ENFORCEMENT – 60+ days from the end
of the reporting period.

TCEQ Report Review

Deviation Reports
(Form Dev Rep Parts1 and 2)
Permit holder/area
 Permit Requirement Detail
 Deviation Description/Corrective Action

TCEQ Report Review

Deviation Reports
 Deviations
Reportable Emissions Events
 Non-Reportable Emissions Events
 Non-Compliance with Permit Provisions
 Violations discovered through an audit program
 Violations noted during an agency on-site or record
review investigation
 No authorization
 Unplanned/Unauthorized Maintenance activities
 Failure to submit a deviation

TCEQ Report Review

Deviation Reports

Deviation description


Complete description
Corrective actions

Correct and prevent
TCEQ Report Review

Deviations – Emission Events
Even when emissions are not reportable under 30
TAC Chapter 101
 30 TAC Chapter 122 and Chapter 101
requirements are independent of each other
 Reporting an event in STEERS does not satisfy
deviation reporting requirements or vise-versa

TCEQ Report Review

Deviations - Continuing/Missed Deviations
Deviation started in immediate previous reporting
period and is still active/unresolved in current
period – REPORT.
 Deviation occurred in periods prior and ended
before the current period – NOT NECESSARY TO
REPORT in current period.

TCEQ Report Review

Other Reports

Miscellaneous Monitoring and Credible Evidence
(Examples)

pH paper for a scrubber

Chart recorder for temperature
TCEQ Report Review

Certification by Responsible Official
Submitted for each document required by the
Title V Permit – 30 TAC 122.165(a)
 Statement to meet requirements of 30 TAC
122.165(b)

Additional Information
Title V Deviation Reporting and Permit
Compliance Certification
http://www.tceq.texas.gov/assets/public/complian
ce/field_ops/guidance/Title_V_Guidance_2012_No
vember.pdf

Title V Operating Permits Compliance Forms
http://www.tceq.texas.gov/permitting/air/forms/titl
ev/comp/tv_comp_forms.html

Questions?

Contact Information


Annette Maxwell
[email protected]
Erica Solis
[email protected]