Compliance Assurance and Title V Monitoring

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Compliance Assurance and Title V Monitoring

• A Summary of the Rules and Applications
• Peter Westlin, EPA, OAQPS

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Presentation topics

• Title V monitoring principles
• Part 64/CAM rule summary
• Other Title V Monitoring
• Part 70/Title V permit responsibilities
• Compliance certification

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Enhanced Monitoring Rule History

• 1990 - CAAA requires EPA to publish monitoring
  rules for major sources
• 1992 - EPA proposes Enhanced Monitoring rules
• CEMS based
• All major sources subject
• 1995 - EPA changes direction
• Reasonable Assurance of Compliance
• Focus on add-on control devices

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Part 64 (CAM) design principles

• Monitoring sufficient to provide a reasonable
  assurance of compliance with the applicable
  requirements (e.g., emissions limits) and to
  ensure operators pay the same level of attention
  to pollution control measures as to production
  activities.

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What is CAM rule?

• 40 CFR Part 64 - Compliance Assurance Monitoring
• Implements the monitoring design principle for a
  reasonable assurance of compliance
• Targets facilities with add-on control devices
• Requires source owners to design monitoring to
  fit site and incorporate into permits

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What are CAM design criteria?

• Build on current requirements and practices
• Select representative control device operational
  parameters (e.g., temperature, flow, pressure
  drop, electrical voltages, component
  concentration)
• Establish indicator ranges for reasonable
  assurance of compliance
• Accounting for site-specific factors such as
  margin of compliance, emissions control
  variability, correlation with emissions,
• Relying on design information, historical data,
  similar sources, test data and
• Establish data collection method and averaging
  time.

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Who will be affected by CAM?

• Rule applies to each pollutant-specific emissions
  unit (PSEU) that
• Is located at major source subject to Title V
  operational permits program, and
• Is subject to emission limitation and has a
  control device to meet that limit (e.g., ESPs,
  scrubbers, fabric filters), and
• Has precontrol emissions gtmajor source size
  threshold (e.g., gt100 tons/year uncontrolled
  emissions).

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Who is exempt from CAM?

• Exemptions are by rule type, not facility type
• Acid rain rules,
• Post-1990 EPA rules,
• Rules with continuous compliance determination
  methods (e.g., Da facilities for SO2).
• One exemption exception Municipally-owned
  peaking units.

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Timing?

• Apply CAM to PSEUs in new (including renewal)
  Title V applications after April 22, 1998
• Large units (post-control emissions greater than
  major source threshold) at initial permit and
  significant permit revisions,
• All PSEUs meeting three criteria at permit
  renewal.
• Other monitoring sufficient to assure compliance
  applies in interim.

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What is required in part 70 for monitoring?

• Monitoring requirements from applicable rules
  including part 64
• Monitoring to fill gaps
• If applicable rule has no monitoring, no
  frequency, initial testing only
• Gap-filling monitoring to provide reliable data
  from relevant time period representative of
  compliance (70.6(a)(3))

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What must the source owner do to get a permit?

• ?Develop and propose monitoring in permit
  application that at a minimum
• Satisfies part 64, as applicable, and
• Includes applicable monitoring requirements.
• May also propose monitoring to fill gaps
  including applying or improving existing
  monitoring.

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What is permitting authority role in Title V
monitoring?

• Review and approve or disapprove proposed
  monitoring
• Is gap-filling monitoring with justification
  included?
• Is required monitoring (e.g., part 64,
  rule-specific) included?
• If proposal indicates no monitoring is needed, is
  justification adequate?

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What is permitting authority role in Title V
monitoring?

• Specify gap-filling or, under own authority,
  improvements to proposed or existing monitoring
  as needed to assure compliance
• Define monitoring in permit, specify all elements
  and conditions for clarity and future inspections.

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How is the monitoring described in a permit?

• Permit elements (EPAs part 64 guidance has
  example format)
• Description of monitoring (what is measured, how,
  frequency, averaging time),
• What defines excursions and consequences (e.g.,
  excursion triggers corrective action and
  reporting obligation), excess emissions,
  deviations.
• QA/QC schedules and procedures.

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What does source owner do with monitoring results?

• Use the data to assure and assess compliance with
  applicable requirements by
• Operating control device(s) within designated CAM
  or other indicator ranges, and
• Responding to excursions, excess emissions,
  deviations with appropriate corrective action
  and
• Operating other control measures in accordance
  with applicable conditions.

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Defining Excursions and Exceedances

• Exceedance condition detected by monitoring (in
  units of pollutant emissions) that emissions are
  beyond limit
• Excursion departure from indicator range
  established in accordance with part 64

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Status of Compliance for Excursions

• Potential problem in the operation and
  maintenance of the control device,
• Possible exception to compliance with applicable
  requirements,
• Owner or operator to take appropriate corrective
  action, but
• Not necessarily a failure to comply with the
  underlying emissions limitation or standard.

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Status of Compliance for Exceedance (Excess
Emissions)

• Reporting requirements already established in
  existing requirements, in many cases,
• May have to specify an appropriate time period
  for averaging data to report exceedances,
• Exceptions to compliance.

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Status of Exceptions to Compliance

• Certification of intermittent compliance is not
  necessarily a certification of noncompliance
• Periods for which one does not really know (e.g.,
  excursions from operating conditions),
• Excused periods (e.g., SSM),
• Monitoring errors offset by other information
  indicating compliance.

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What is required for compliance certification?

• 40 CFR 70.6(c)(5) - annual or more frequent
  certification requires the source owner
  (responsible official) to
• Certify as to status of compliance for each
  permit term or condition, and
• Indicate whether compliance is continuous or
  intermittent.

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What constitutes continuous or intermittent
compliance?

• From preamble to part 70 revisions (06/27/03)
• Any failure to meet permit terms or conditions
  (e.g., deviations or possible exceptions to
  compliance as per part 64 excursions) will result
  in intermittent compliance certification
• From other EPA documents (e.g., 1997, 2001 FR
  notices) Certification of intermittent
  compliance is not necessarily a certification of
  noncompliance
• Periods for which one does not really know (e.g.,
  excursions from CAM indicator ranges),
• Monitoring errors offset by other information
  indicating compliance.

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• Two related acronyms

• From Great Britain
• From regulatory language BATNEEC Best
  available technology not entailing excessive
  costs
• From industry paper CATNIP Cheapest available
  technology not incurring prosecution

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Questions? Break?