Compliance and Enforcement:
Investigation OverviewCynthia Gandee
Air Program Liaison
Field Operations Program Support Team
Office of Compliance and Enforcement
Texas Commission on Environmental Quality
Advanced Air Permitting Seminar – October 2014
Today’s Topics
• Investigation Overview• Hot Issues by Investigation Type• Guidance Documents and Resources• Contact Information
Advanced Air Permitting Seminar – October 2014
Investigation Overview
Announced*• Routine compliance onsite
investigations • In-house investigations • Emissions events• Stack testing
*Facilities with a unsatisfactory compliance history rating may not receive notice
Unannounced• Complaints• Fence line observations
Reference: RG-457 and TCEQ Webpage
Advanced Air Permitting Seminar – October 2014
What to Expect
• Initial contact: records request• Onsite investigation • Initial exit interview• Follow-up questions• Final exit interview • Letter
Advanced Air Permitting Seminar – October 2014
Contact:
1-14 days
Investigation:
1-14 days
Findings and Letter:
60-90 days
Typical Investigation Timeframe
Advanced Air Permitting Seminar – October 2014
Records
• All permits have a general recordkeeping requirement:• 30 TAC 106.8(c)(2)• 30 TAC 116.115(b)(E)• 30 TAC 122.144
• Be prepared to demonstrate compliance
Advanced Air Permitting Seminar – October 2014
Top 10 Violations: Previous 5 Years
Number Issued Citation Description
12,113 THSC 382.085(b)
Cited in conjunction with applicable state/federal rules
6,947 30 TAC 122.143(4)ST&C of Federal Operating Permit
4,596 30 TAC 116.115(c) SC of NSR permit
819 30 TAC 101.20(3)Compliance w/ EPA standards
803 30 TAC 116.715(a)Compliance w/ NSR flexible permit
742 30 TAC 116.110(a)Pre-construction authorization
591 30 TAC 111.201ODB General Prohibition
584 30 TAC 122.145(2)(A) Deviation reporting
550 30 TAC 116.115(b)(2)(F) MAERT
388 30 TAC 122.146(2) PCC
1) THSC 382.085(b) was cited 12,113 times in conjunction with applicable state and federal rules. 2) 30 TAC 122.143(4) was cited 6,947 times for failing to comply with the standard terms and conditions of a Federal Operating Permit. 3) 30 TAC 116.115(c) was cited 4,596 times for failing to comply with a special condition on an NSR permit. 4) 30 TAC 101.20(3) was cited 819 times for failing to comply with an EPA standard. 5) 30 TAC 116.715(a) was cited 803 times for failing to comply with an NSR flexible permit. 6) 30 TAC 116.110(a) was cited 742 times for failing to obtain authorization prior to construction. 7) 30 TAC 111.201 was cited 591 times for outdoor burning. 8) 30 TAC 122.145(2)(A) was cited 584 times for deviation reporting issues 9) 30 TAC 116.115(b)(2)(F) was cited 550 times for failing to comply with a Maximum Allowable Emission Rates Table. 10) 30 TAC 122.146(2) was cited 388 times for Permit Compliance Certification issues.
Advanced Air Permitting Seminar – October 2014
Hot Issues forPermit Investigations
• Permit applications
• Reporting errors
Advanced Air Permitting Seminar – October 2014
Application Errors
• Omissions:• Units
• Rules:• Decision
Support
System
Advanced Air Permitting Seminar – October 2014
Reporting Errors
• OP-CRO1 Form
• Deviation report parts:• Dates• Misuse of Part 2 on DR
Advanced Air Permitting Seminar – October 2014
Title V Resources
• Title V Guidance
• DR Guidance
Advanced Air Permitting Seminar – October 2014
Hot Issues for EE
• EE vs. MSS boundaries
Upset Maintenance
• STEERS vs. DR
Advanced Air Permitting Seminar – October 2014
Hot Issues for Stack Testing
• Common violations:• Notification • Reports submittal
• Review stack test conditions in draft permits: • Methods, procedures, pollutants to be tested,
timeframes
Advanced Air Permitting Seminar – October 2014
Hot Issues for Stack Testing
REMINDER:
Listing a sampling deviation in a test plan does not constitute approval.
Approval is required.
Regional Office Contact Information
NORTH CENTRAL AND WEST TEXAS AREA
COASTAL ANDEAST TEXAS
AREA
CENTRAL
TEXASAREA
BORDER AND PERMIAN
BASINAREA