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Title V Review

DJ LawUS EPA Region 8

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OverviewKnow your process

Permit isn’t always the most important document

Permit size shouldn’t be scary

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The Process – Why is it important?No two permitting agencies will

use the same permit style◦US EPA◦State of Colorado

All techniques used apply to any kind of permit review

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My Review Process – Permit isn’t most importantGoal of reviewing permit is to

understand what is in it and why

Permit itself can be confusing

Statement of Basis – Narrative form◦Much better for

Who/What/Where/When/Why

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Example – US EPA Permit

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Same Thing - SoB

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Starting PointRead Statement of Basis FIRST!

◦It should Give clearest description of source and its permitting history

◦Give reasons why permit is being issued◦Discuss why a particular regulation is

included, or not included, in the permit

Every item discussed in SoB should have corresponding section in permit

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The Permit – What To Look ForPermits can be hefty documents

◦CDPHE Permit – 81 pages, 12 Emission Units

◦EPA Permit – 35 pages, 4 Emission Units

Proposed CDPHE Suncor Refinery Permit – 230 pages not counting Appendices◦That is only for Plants 1 and 3. It

doesn’t include the Title V permit for Plant 2, at 196 pages

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The Approach – Making it Bite-SizedThe key is “Specific” – this is

what makes the permit unique

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EPA Permit -Table of Contents

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CDPHE - Table of Contents

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Permit Is Now ManageableTerms and conditions specific to units at facility

◦ EPA Permit – 7 pages out of 35 pages◦ CDPHE Permit – 20 pages out of 81pages

This is where you should find limitations, testing, monitoring, and reporting required for emission units at facility, as described in SoB◦ State rules for that equipment◦ NSPS requirements◦ MACT requirements◦ Requirements from other construction permits

(BACT)

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What about the rest?Boilerplate – Regulations that apply to every facility

that obtains a Title V permit◦ Should be identical for all sources within permitting

authority’s jurisdiction

Non-site-specific regulations◦ Acid Rain◦ Alternative Operating Requirements◦ Permit Shield◦ Administrative Requirements◦ State-Specific Regulations

It’s all still important but isn’t “specific” to this facility

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Does A + B = C? What is discussed in SoB should show up

somewhere in Permit Specific requirements◦“Boilerplate” typically isn’t discussed in SoB

If it doesn’t, or isn’t clear, worth commenting about◦Public is generally the least knowledgeable

about environmental regulation. If public is confused about requirements or conditions, typically permitting authority can rewrite permit to make it clearer

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Should A + B = C?Requires working knowledge of

environmental regulation and working knowledge of source operations

Best place to start is Permit Application◦Typically not found as part of an “online” record.

Must formally request, or visit location of physical permit record

Other resources include inspection reports, AP-42 process descriptions, NSPS and MACT background documents, etc.

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Final PointsDevelop your own personal

system for permit reviewDon’t be discouraged by size of

documents. Break permit into manageable parts

Don’t expect to know everything at once

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Last RuleWhen you are still confused

about a condition…CALL!Every permit public notice should

have a contact name/number for engineer who wrote permit ◦Best source to determine intent of

section that is troubling you