Title V Changes and Permit Modifications

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Title V Changes and PermitModifications

• EPA Region 4
• Scott Miller
• [phone]

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Title V General

• Changes do not require affirmative action from PA
  to process
• Modifications require PA response with Possible
  EPA/affected state/public review
• Changes/modifications required for new applicable
  requirement or change in existing applicable
  requirement

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Title V Changes

• 502(b)(10)
• Emissions trading under the SIP
• Emissions trading under federally enforceable cap
• Off-Permit

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Title V Modifications

• Administrative Permit Amendment
• Minor Permit Modification
• Group Minor Permit Modification
• Significant Permit Modification

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Section 502(b)(10) Change

• 70.2 Section 502(b)(10) Change
• APC-S-6, Section I.A.27
• 70.4(b)(12)(i)
• APC-S-6, Section IV.F.1

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Section 502(b)(10) Change

• Changes that contravene an express permit term.
  Such changes do not include those that violate
  applicable requirements or contravene
  federally-enforceable permit terms that are
  monitoring, reporting, recordkeeping, and
  compliance certification

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Section 502(b)(10) Change

• Cannot be a title I modification
• Cannot exceed emissions allowable under the
  permit (whether expressed as a rate of emissions
  or in terms of total emissions)

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Title I ModificationDefinition

• modification as defined under NSPS, NESHAPS
• modification as defined under PSD/nonattainment
  NSR
• contemporaneous net-outs are modifications at
  existing major PSD source

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Section 502(b)(10) ChangeProcedures for Facility

• Give 7-day advance notice prior to operating the
  change at facility to PA and EPA

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Section 502(b)(10) ChangeNotice Requirements

• Brief description of the change
• Date on which change will occur
• Any change in actual emissions
• Any permit term no longer applicable as a result
  of the change
• Responsible official certification

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502(b)(10) ChangesAdvantages and Uses

• Low amount of process required by permit reviewer
  to utilize
• Subpart Kb tank additions where there are already
  Kb tanks at the facility
• Consider use when change is within allowable
  permit limits

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Section 502(b)(10) ChangeProcess Weight

• Emission limit is set and enforced as an emission
  rate allowable under the permit
• Adding emission units subject to PW can be
  processed as a section 502(b)(10) change
• Activities that go from insignificant to
  significant provided no monitoring

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Section 502(b)(10) ChangeErrors

• Forget to include actual emissions instead of
  potential
• Someone other than responsible official submits
  certification
• Failure to describe affected emission unit and
  applicable requirement

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Section 502(b)(10) ChangeApplicability Errors

• Submit for no change in applicable requirements.
  Dont care!
• Forget minor NSR is place to set PTE limits and
  submit PSD avoidance limits or request change to
  avoidance limits
• Not for case-by-case PTE limits

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Emissions Trading Under the SIP

• 70.4(b)(12)(ii)
• APC-S-6, Section IV.F.2

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Emissions Trading UnderEnforceable Cap

• 70.4(b)(12)(iii) (APC-S-6, Section IV.F.3)
• Facility must request

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Off-Permit Changes

• 70.4(b)(14)
• Changes not addressed or prohibited by the title
  V permit
• Very small universe of changes
• Changes not subject to minor NSR construction
  permits
• Not in Mississippi regs.

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Off-Permit ChangesNotice Requirements

• Facility must make contemporaneous notice to
  PA/EPA
• Describe change, including date, change in
  emissions,pollutants emitted and any applicable
  requirement that applies

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Permit ModificationsAdministrative Amendments

• 70.7(d) (APC-S-6, Section IV.E.1)
• Correct typographical errors
• Identifies a change in name, address, responsible
  official etc.
• Requires more frequent monitoring or reporting by
  the facility
• State-only conditions

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Permit ModificationsAdministrative Amendments

• Incorporates into title V permit requirements
  from preconstruction review that meet procedural
  requirements of 70.7 and 70.8
• EPA/affected state/public review
• Sometimes referred to as merged NSR
• Allows for only one public notice for PSD/title V
  action

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Permit ModificationsAdministrative Amendments

• One 45-day EPA review period for PSD/title V
  action
• Can apply to minor permit modifications without
  the need for public review

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Permit ModificationsAdministrative Amendments

• PA has 60 days from receipt of request by
  facility to make the change
• Submit change to EPA for inclusion in title V
  permit
• Can receive benefit of permit shield if goes
  through public notice

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Permit ModificationsMinor Modifications

• 70.7(e)(2) (APC-S-6, Section IV.E.1)
• Do not violate applicable requirement
• Do not involve significant changes to existing
  monitoring, reporting, recordkeeping
• Do not require case-by-case emission limitation
  (RACT,BACT,MACT)

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Permit ModificationsMinor Modifications

• Do not seek to establish or change a permit
  condition for which there is no underlying
  applicable requirement
• Are not title I modifications
• modification as defined under NSPS, NESHAPS
• modification as defined under PSD/nonattainment
  NSR

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Permit ModificationsMinor Modifications

• Significant change in monitoring-change in the
  parameter monitored as opposed to parametric
  range for monitoring
• Cant use to set or amend PTE limits to avoid
  MACT,BACT, RACT

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Permit ModificationsMinor Modifications

• Application requires a description of the
  change,emissions resulting from the change,any
  new applicable requirements
• Completed forms to notify EPA and affected states
• Sources suggested draft permit

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Permit ModificationsMinor Modifications

• Within 90 days of receipt of request or 15 days
  after the end of EPAs 45-day review period,
  whichever is later-must take action on the
  application
• Within 5 working days of complete application,
  submit a notice to EPA that one has been received

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Permit ModificationsMinor Modifications

• After proposed permit terms are developed, send
  proposed permit to EPA for its review
• No public notice required
• May issue after EPA review or upon receipt of
  comment/no comment from EPA on proposed permit
  conditions

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Permit ModificationsMinor Modifications

• No permit shield allowed for minor permit
  modifications
• Significant modifications are place where permit
  shields are granted after initial title V permit
  issued
• To get a shield, public notice must be involved

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Permit ModificationsMinor Modifications

• Use minor modification procedures where a
  facility will need new allowable emissions
  assigned
• Recall that process weight already assigns
  allowables in equation form
• Use for updates to parameter ranges in the permit

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Permit ModificationsMinor Modifications

• May use to add NSPS-affected emission units that
  are made so by construction provisions
• Sulfur dioxide limits under the SIP etc.

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Permit ModificationsMinor Modifications

• Facility may undertake the proposed change upon
  submittal of the application to MDEQ
• Facility does so at its own risk - NO PERMIT
  SHIELD

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Permit Modifications Group Minor Modifications

• 70.7(e)(3) (APC-S-6, Section IV.E.2)
• Allows for quarterly processing of minor permit
  modifications for facilities
• Idea is that some facilities have multiple minor
  permit modifications going on at once
• Not usually the case

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Permit ModificationsGroup Minor Modifications

• Procedures much like those for minor permit
  modifications except done on a quarterly basis

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Permit ModificationsSignificant Modifications

• Every change that doesnt fit into the other
  categories
• Significant change to monitoring, reporting, and
  recordkeeping
• Setting PTE limits
• title I modifications

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Permit ModificationsSignificant Modifications

• Keep in mind the ability to use the
  preconstruction review process in concert with
  the administrative permit amendment
• You can avoid two public notice procedures and
  get expedited EPA review on the front end

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Permit ModificationsSignificant Modifications

• 70.7(e)(4) (APC-S-6, Section IV.E.3)
• Procedures are the same as for initial permit
  issuance

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Ideal Title V Permit

• Allows for changes to be undertaken with as
  little delay and paperwork as possible
• Little effort and foresight can cut time to
  implementation of operational changes
• Multiple vehicles designed into title V
  regulations for accommodating changes
• Reduce recordkeeping/reporting

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One ToolAlternative Operating Scenarios

• 40 CFR 70.6(a)(3)(i)(9)
• (APC-S-6, Section III.A.9)
• Permit should include all alternative operating
  scenarios REQUESTED BY THE FACILITY in title V
  application
• If you can dream it and write it, then install it
  in the title V permit

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Alternative Operating Scenarios

• Facility may request inclusion of alternative
  scenario at any time
• Alternative operating scenario can be a different
  means of compliance with an existing standard or
  an entirely new applicable requirement
• Why wait to trigger and applicable requirement if
  you think one is coming?

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Alternative Operating Scenarios

• Examples
• HON-affected facility desires multiple compliance
  options stated to show compliance with MACT
  standard
• Other examples

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Streamlining Multiple Requirements

• Streamline multiple applicable requirements to
  which a process unit may be subject into ONE set
  of requirements
• Perform a streamlining analysis per
• EPA White Paper II

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Streamlining

• Basis of Streamlining found here
• http//www.epa.gov/ttn/oarpg/t5/memoranda/wtppr-2.
  pdf

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Streamlining

• Once again, REQUESTED BY THE FACILITY not an
  automatic
• Imation Example

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Facility A

• A chemical manufacturer becomes subject to the
  miscellaneous organic NESHAP MACT standard as an
  existing facility. No operational change
  triggered the requirement and there is no
  facility-specific considerations involved in
  permit update.

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Facility B

• A cement manufacturer adds an additional piece of
  crushing machinery to the raw mill. The piece of
  equipment is subject to process weight PM
  standards and general opacity std. but not to
  MACT std. The Pm std. and opacity limits are in
  the title V permit.

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Facility C

• A chemical manufacturer changes a process by
  adding a new constituent. The change does not
  increase actual or potential emissions nor
  triggers other air regulatory requirements.

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Facility D

• A pulp and paper mill accepted a production limit
  to avoid the need to go through a PSD BACT
  analysis. The facility desires a production
  increase and will request such from the
  permitting authority.

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Facility E

• A facility responsible official has left the
  company and the company designates another
  company official as the responsible official.

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Facility F

• A facility wishes to utilize the facilitywide
  emissions averaging approach to compliance with
  the hazardous organic NESHAP MACT standard. This
  approach requires process-point specific
  considerations to comply with a facilitywide
  average in lieu of the promulgated MACT std.

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Facility G

• A chemical manufacturer desires to change a
  monitoring technique for compliance with a VOC
  std. from monitoring scrubber liquid flow rate as
  listed in the existing title V permit to
  measuring condenser temperature at another point
  in the process.

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Facility H

• A facility is located in a state where there is
  an option to undergo an enhanced NSR process in
  the regulation. By that we mean, the State will
  take a construction permit through the same
  45-day EPA review period and 30 day public
  comment period as provided for in the
  regulations.
• How to modify the title V permit?

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Facility I

• A facility becomes subject to a new NOx standard
  per a new regulation adopted by the state agency.
  The permit needs to be updated to include the
  new limit and prescribed monitoring in the new
  regulation.