Title V Permits - Periodic Monitoring Requirements

Title V Permitting Tutorial

"Periodic Monitoring Rule"

40 CFR 70.6(a)(3)(i)(B)

Each permit shall contain periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit.

Each Permit Shall Contain...

  • The actual provisions have to be in the permit.
    • Requirement to prepare a monitoring plan is not enough
    • The monitoring must be done at the source’s initiative, not the permitting authority’s
    • Inspections by permitting authorities don’t count
  • For federally enforceable emission limits, the periodic monitoring requirements must also be federally enforceable.

Periodic Monitoring...

  • Periodic
    • The frequency of the monitoring must be made clear.
      • Continuous (e.g., COMs, CEMs, PEMs)
      • Periodic (e.g., hourly, daily)
  • Monitoring
    • Includes testing, readings, recordkeeping, and recording

Sufficient to Yield Reliable Data...

  • The reliability of the data will usually be obvious from the method
  • Include a technical justification in the permit record, if necessary
  • Emission factors
    • Should apply to the particular emission unit in question
    • AP-42 is only an estimate

From the Relevant Time Period...

  • The averaging period of the emission limit
  • When the emission limit has no time element (e.g., 0.5 grains/dscf), the relevant time period is the time needed to conduct an emission test
  • The relevant time period can be instantaneous (e.g., no holes or cracks in a lid for any amount of time)

... Representative of the Source’s Compliance

  • The data collected should provide for a reasonable assessment of the source’s compliance status with permit emission limits

What Units are Subject to Periodic Monitoring?

All emission units

When is Periodic Monitoring Presumed in a Rule?

  • NSPS and NESHAP after November 15, 1990
  • Federal or SIP standards specifying a continuous compliance determination method
  • Acid Rain rules
  • (the permit must have the monitoring, recordkeeping, and reporting requirements specified by the above rules)

Factors to Consider

  • Likelihood of violating an applicable requirement
  • Presence of add-on controls
  • Variability of emission level over time
  • Monitoring data already available
  • Technical and economic feasibility
  • Monitoring done for similar emission
  • Other factors that may apply on a case-by-case basis

Checklist for Practical Enforceability

  • Frequency of monitoring
  • Data averaging period
  • Procedures for checking data validity
  • Minimum period of data availability
  • Recordkeeping
  • Prompt deviation and summary reports
  • Rationale is documented

CAM Rule

40 CFR 64

Compliance Assurance Monitoring

"It’s only a monitoring rule."

What Does the CAM Rule Apply To?

Pollutant-Specific Emission Units (PSEUs)

  • Located at major sources
  • Subject to an emission limit
  • Use and add-on control devices to comply with an emission limit
  • Have pre-control emissions that meet or exceed a major source applicability threshold

When Doesn’t the CAM Rule Apply?

  • PSEUs subject to NSPS, NESHAP or MACT standards promulgated after November 15, 1990 (exemption does not apply regarding other standards)
  • PSEUs subject to acid rain program or another program requiring continuous compliance determination methods
  • Municipally owned peaking units

When Does CAM apply?

  • For Large PSEUs (PTE > the major source threshold), when a permit application is submitted after April 20, 1998
  • At a significant modification
  • At renewal of the Title V permit

What is in a CAM Plan?

  • Monitoring Provisions
    • How parameters will be measured
    • QA/QC
    • Monitoring frequency
  • Indicator Ranges
    • Boundaries within which the control device must operate
    • Compliance can reasonably be assured in this range
    • Rationale for indicator range

What Needs to Be in a Title V Permit?

  • The approved monitoring approach
  • The indicator range
  • The means for reporting emission limit exceedances

What Happens If There Is An Exceedance?

  • Quality Improvement Plan (QIP)
    • Procedures for determining the cause of exceedances
    • Procedures for reducing exceedances
    • Schedule for the procedures
  • Failure to follow the QIP may be a violation of the Title V permit

 

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