Permit Compliance

Inspections

To assure and determine compliance by stationary and area sources with APCD’s regulations the Engineering unit employees periodically inspect the sources to which permits have been issued.

The two main phases of the inspection process generally begins with a plant tour where the equipment and monitoring techniques used by the company are observed to ensure that emissions are minimized by proper and efficient operations. Record Keeping reviews are the next phase of the inspection process. Record Keeping requirements of the permits are usually to be maintained by the company for five years, and are used to provide proof of compliance to the Standards and Monitoring described in the permits.

APCD has established an inspection frequency and process suitable for each source. Minor sources and FEDOOP (synthetic minors) are scheduled for at least every 5 years, regular Title V sources at least every 2 years, and for Mega sources at least every 3 years. Inspection may be done more frequently than the required 5, 2, or 3 year cycles at the discretion and availability of the compliance team.

Each inspection is documented in an inspection report that is maintained on file and is available to the public by open records request. If the inspection reveals that the source may be in violation then a Notice of Violation likely will be issued beginning an enforcement process to return the source to compliance.

Reporting

Annual, semi-annual and quarterly reports are often stipulated in the permits issued by the APCD. These reports are used to ensure that the proper records are being maintained by the companies. The records are directly tied to the monitoring that the company is required to perform on their equipment.

Reports are not required to contain all of the information that is required by the Record Keeping section but an adequate amount to show that hourly, daily, monthly, or yearly standards are not being exceeded by the company. The reports are also designed to provide the APCD with insight into progression of emission levels emitted by the company over the course of each year so as to provide opportunity for preemptive action if exceedance of the standards becomes likely.

Federal Regulations as established in the Code of Federal Regulations, 40 CFR Part 60, 40 CFR Part 61, and 40 CFR Part 63 also have reporting requirements and independent due dates that are applicable to the affected facility regardless of their description in the Air Permit issued by the LMAPCD. The due dates for reports required by these Federal Regulations do not necessarily match the reporting due dates required by the Air Permit pertaining to regulations stipulated by the Local program.

For permits that contain reporting requirements the owner or operator shall submit either quarterly, semi-annual, or annual compliance reports that include the information specified in the reporting section of the permit for each emission unit. All reports shall include the company name, plant ID number, and the beginning and ending date of the reporting period. The compliance reports shall clearly identify any deviation from a permit requirement. The compliance reports are generally required to be postmarked within 60 days following the end of each reporting period. All compliance reports shall include the following certification statement per Regulations 2.16 or 2.17.

  • “Based on information and belief formed after reasonable inquiry, I certify that the statements and information in this document are true, accurate, and complete”.
  • Signature and title of company’s responsible official.

If a change in the “Responsible Official” (RO) occurs during the term of this permit, the owner or operator shall provide written notification (Form 9440-A or 9400-A) to the APCD within 30 calendar days following the date a change in the designated RO occurs for this facility.

Due dates for reporting per APCD permit is generally as follows:

  • The annual compliance reports are due on or before April 15th of each calendar year.
  • The semiannual compliance reports are due on or before the following dates of each calendar year:
Reporting Period Report Due Date
January 1 through June 30 August 29th
July 1 through December 31 March 1st *
  • The quarterly compliance reports are due on or before the following dates of each calendar year:
Reporting Period Report Due Date
January 1 through March 31 May 30th
April 1 through June 30 August 29th
July 1 through September 30 November 29th
October 1 through December 31 March 1st *

*The date for leap year is February 29.

Annual Compliance Certifications and Emissions Inventories are examples of additional reports that required by the APCD.

Stack Testing

The permit may require testing to demonstrate compliance with the permit standards or to determine an emission rate. The approved test methods follow procedures from Federal Regulations and EPA guidance documents.

The tests are often conducted at the outlet vent of a control device or a piece of production equipment, alternatively; the test may be stipulated to be conducted at the inlet and outlet of a control device such as a baghouse. Tests that are accomplished using sample probes inserted into conduits which exit through vents, chimneys, or stacks are referred to as stack tests.

The compliance team reviews all test reports submitted for accuracy and to determine if additional permit limits may be needed for compliance.

Stack test requirements in most cases are as follows:

  • Testing should be performed at the maximum rated capacity of the process equipment.
  • The owner or operator shall within 180 days of achieving normal operation conduct a compliance test.
  • The owner or operator shall submit a written compliance test plan including all the details of how the compliance test is to be conducted. The compliance test plan shall be furnished to the APCD at least 30 days prior to the actual date of the compliance test.
  • The owner or operator shall provide the APCD at least 10 days prior notice of any compliance test to afford the APCD the opportunity to have an observer present.
  • The owner or operator shall furnish the APCD with a written report of the results within 60 days following the actual completion date of the compliance test.
  • The owner or operator shall provide written notification to the APCD of the actual date of achieving normal operation. The written notification shall be postmarked within 15 days after the date of achieving normal operation.
  • The test report furnished to the APCD shall include a certification statement, with the date and signature of the Responsible Official for the company having the stack test performed.

Compliance Assistance

APCD has provided a Compliance Assistance Templates and Forms web page to help businesses comply with air pollution regulations. Engineers are also trained to provide assistance with calculations and record keeping. The engineering staff can be reached by calling the APCD at 502-574-6000.