Streamlining Multiple Applicable Requirements

Streamlining Multiple Applicable Requirements

What is Streamlining? 1. Streamlining is the process of determining one set of requirements to be incorporated into the Title V permit from among multiple applicable requirements for an emission unit to assure compliance with all the underlying applicable requirements. 2. The basic concept behind streamlining is that, as long as the permit contains the most stringent of the applicable requirements, the permit will assure compliance with underlying applicable requirements.

Legal Basis of Streamlining The legal basis for streamlining applicable requirements: 1. CAA Section 504(a): requires that title V permits contain emissions limits/standards and other terms as needed to assure compliance with applicable requirements. 2. This section does not require repetition of all terms and conditions of an applicable requirement when another applicable requirement or part 70 permit condition (i.e., streamlined requirement) can be used to assure compliance with that applicable requirement.

Legal Basis of Streamlining 3. 40 CFR 70.6(3)(i)(A). If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions provided the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that are not included in the permit as a result of such streamlining; 4. White Paper #2 extended this streamlining to emissions limits

Considerations for Permitting Agency 1. "Streamlining may be initiated by either the applicant or the permitting authority, however, it can only be implemented where the applicant consents to its use. 2. The burden is on the applicant to file a complete title V application; thus, an application that includes streamlining would have to show that the streamlining clearly meets the streamlining provisions in 70.6(a)(3)(i)(A). 3. The PA then reviews and determine whether to approve and include it in the permit.

Considerations for Permitting Agency 4. The PA must also provide an adequate explanation of any streamlining to support public review in the Statement of Basis (Finding of Fact, Fact Sheet, Review memo) 5. The PA should encourage the source to include a permit shield with the streamlined requirements (Unless the Title V operating permit program doe not contain permit shield requirements)

Why Permit Shields? 1. If there is no shield in the Title V permit for an applicable requirement, an enforcement action may be brought against the source for violation of the rule and or permit containing the applicable requirement and the Title V permit itself. 2. If there is a shield in the Title V permit for an applicable requirement, an enforcement action may ONLY be brought against the source for a violation of the Title V permit.

What is a Permit Shield? A permit shield is specific permit language that, if properly written, can protect the source from enforcement of an applicable requirement under three cases: 1) A requirement applies to the source and a Title V permit condition explicitly includes the requirement, OR 2) A requirement applies to the source and a Title V permit condition assures compliance with the requirement (also known as streamlining), OR 3) A requirement does not apply to the source. A source may request the permitting authority to include a permit shield in the Title V permit under 504(f) of the CAA, and 70.6(f).

What a Permit Shield Cannot Do A permit shield cannot shield the source from: 1. The emergency provisions of State Statutes of the State Act; 2. Liability for any violations of applicable requirements or applicable requirements under the Act prior to or at the time of permit issuance; 3. The applicable requirements of acid rain provisions; and The authority of the Department or the Environmental Protection Agency to obtain information.

Permit Shield Example Permit Shield Language from a West Virginia Permit 1. The permittee has requested and is hereby granted a permit shield. The permit shield applies as long as the permittee operates in accordance with the terms and conditions within this permit. 2. The list below identifies requirements which are not applicable to the permittee and the determinations thereof. So long as the permittee operates within the constraints of these determinations, the permit shield shall apply to the following provisions. a. 40 C.F.R. 60 Subpart G, Standards of Performance for Stationary Gas Turbines. There are no turbines located at the Source. b. 40 C.F.R. 60 Subparts K and Ka, Standards of Performance for Storage Vessels for Petroleum Liquids. All tanks at the Source are below 40,000 gallons in capacity. c. 40 C.F.R. 60 Subpart Kb, Standards of Performance for Volatile Organic Liquid Storage Vessels. All tanks storing volatile organic liquids at the Source are below 10,000 gallons in capacity. d. 40 C.F.R. 60 Subpart KKK, Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants. The Source is not engaged in the extraction of natural gas liquids from field gas or in the fractionation of mixed natural gas products. e. 45 C.S.R. 21, To Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds. The Source is not located in Cabell, Kanawha, Putnam, Wayne, nor Wood counties. f. 45 C.S.R. 27, To Prevent and Control the Emissions of Toxic Air Pollutants. Natural gas is included as a petroleum product and contains less than 5% benzene by weight. C.S.R. 45-27-2.4 exempts equipment "used in the production and distribution of petroleum products providing that such equipment does not produce or contact materials containing more than 5% benzene by weight." 3. Compliance with the conditions of this permit shall be deemed compliance with the corresponding applicable requirements as of the date of permit issuance and/or that the requirements specifically identified are not applicable to the permittee as of the date of permit issuance. C.S.R. 45-30-5.6.a.

Permit Shield Example ( Statement of Basis Language) Language From a Statement of Basis (Fact Sheet, Review Memo, etc.) The following requirements have been specifically identified as not applicable based upon information submitted by the licensee in an application dated December 12-2006. (See Next Slide)

Permit Shield Examples (Statement of Basis) SOURCE CITATION DESCRIPTION BASIS FOR DETERMINATION Facility 40CFR Part 63, Subpart R NESHAP for Gasoline Distribution Facility is not major for HAPS Facilities Facility 40 CFR Part 63 Subpart Y, NESHAP for Marine Tank Vessel Loading Operations Facility is not major for HAPS and is permitted below the applicable throughput threshold Facility Facility 40 CFR Part 68 Chemical Accident Prevention Provisions Does not apply based on EPA proposed exemption dated 4/15/96

Streamlining Principles 1. Most stringent requirement "assures compliance" with multiple applicable requirements 2. Choose most stringent limit 3. Choose most "assuring" monitoring (e.g., if you streamline a 20% opacity limit that requires an annual source test with a 40% opacity limit that requires a COM, the streamlined limit is 20% opacity with a COM) 4. Include recordkeeping and reporting associated with the streamlined monitoring regime (where recordkeeping is the monitoring, apply "most assuring" test) 5. Compliance with all monitoring, recordkeeping and reporting associated with the subsumed limit(s) is not required

Streamlining Principles 6. The streamlining demonstration should include a side-by-side comparison of the requirements, and should be included in the Statement of Basis. (See White Paper #2 for more details on the streamlining demonstration). 7. The citation of authority for a streamlined permit condition should reference the authority for the streamlined limit, and the authority of all subsumed applicable requirements. 8. In order to protect the source from enforcement for noncompliance with subsumed applicable requirements, the permit shield should be granted in all instances of streamlining.

Streamlining Permit Language Example #1 A 200 mmbtu boiler that burns only coal is subject to the following applicable requirements for particulate matter : 25 Pa. Code Section 123.11 A = 3.6E -0.56 A: lb/mmbtu heat input E: Heat input (mmbtu/hour) NSPS Subpart Db [40 CFR 60.43b(a)(1)] = 0.05 lb/mmbtu A = 0.185 lb/mmbtu The NSPS limit of 0.05 lb/mmbtu is the "streamlined" limit because it is more stringent. The SIP limit of 0.185 lb/mmbtu is considered the "subsumed" limit (i.e., so long as the source complies with the NSPS limit, they are assuring compliance with the SIP limit). The permit condition could be written as: Unit #3: 200 mmbtu/hr boiler Permittee shall not cause to be discharged into the atmosphere any gases that contain particulate matter in the excess of 0.05 lb/mmbtu heat input. Commpliance with requirements specified in this streamlined permit conditoi assures compliance with the provisions in: 40 CFR 60.43(a)(1) and 25 Pa. Code Section 123.11 Permit shield applies.

Streamlining Demonstration Steps Example #2- NOx Emissions For Combustion Turbine Step One: Identification of multiple requirements: a) SDAPC Rule 69.3 b) SDAPCD NSR permit 870290 c) 40 CFR 60 Subpart GG for Stationary Gas Turbines (SDAPCD Rule 260.330 thru Rule 260.335) Step Two: Determining most stringent NOx emission limit Rule 69.3: 42 ppmdv@15% O2 NSR Permit: 13 ppmdv @ 15% O2 Rule 260.332: Natural Gas :158.4 ppmdv 15% 02 Fuel Oil: 136.4 ppmdv 15% 02

Streamlining Example #2 Step Two Discussion Based on the emission limits, NSR permit limit of 13 ppmv @ 15% 02 is the most stringent limit for both fuel oil and natural gas and therefore is the streamlined requirement. The other emission limits are subsumed.

Streamlining Example #2 Step Three: Evaluate work practice requirements Rule 69.3: None NSR Permit: 1) The distribution of ammonia across the SCR unit plates shall be the optimum distribution to meet the emission limits. 2) SCR units shall be operated at all times when operating the turbine using the automatic ammonia (NH3) control system except when the automatic control system is in breakdown status and the SCR is controlled manually. [Permit Condition #511 3)During manual operation, a trained operator shall be on duty at all times and the NH 3 injection flow rate shall not be less than 250 SCFH when operating the combustion turbine. This condition shall apply at all times, except for a 90-minute period for each cold start-up. Rule 260.332: None

Streamlining Example #2 Step Three discussion The streamline work practice requirement will be the work practices associated with the most stringent emission limit in the NSR. The work practices contained in the NSR permit are considered to be the streamlined requirements. Any other work practice requirements are subsumed.

Streamlining Example #2 Step Four: Evaluate monitoring requirements Rule 69.3: Continuous Monitoring for operational characteristics of the unit and NOx emissions reduction system NSR Permit: Continuous Monitoring of NOx and O2 (1 hour average) Rule 260.334: Continuous Monitoring off fuel consumption, ratio of water to fuel, and fuel nitrogen and sulfur content.

Streamlining Example #2 Step Four Discussion: The continuous monitoring requirements for the CEMS in the NSR Permit conditions are considered to be the streamlined requirements since they are associated with the most stringent emission limit. The other requirements are subsumed.

Streamlining Example #2 Step Five: Evaluate record keeping/reporting Rule 69.3: Operating log & General record keeping NSR Permit: All records Of performance testing measurements shall be made available to the district upon request for at least two years following the date the information is recorded. By reference, Rule 19.2 requirements, 1. Occurrence and duration of any startup, shutdown or malfunction in the operation of the facility 2. Performance testing, evaluations, calibrations, check, adjustments, and maintenance of any CEMs, 3. Emission measurements, 4, Quarterly Reports Rule 260.3 34: General record keeping; Nitrogen content in the fuel; Sulfur content in the fuel 40 CFR 60.4 and 60.7 Quarterly and Excess emissions reporting

Streamlining Example #2 Step Five Discussion: The record keeping requirements in the NSR permit are the most stringent and therefore are the streamlined requirements. The other requirements are subsumed.

Final Suggested Permit Language Example #2 Final Streamlined Requirement may be written: Source ID 023: 650 mmbtu/hr Combustion Turbine: Emissions limit Permittee shall not cause to be discharged into the atmosphere any gases that contain NOx in the excess of 13 ppmv @ 15% 02. This streamlined permit condition assures compliance with the emissions limits contained in: Rule 69.3; NSR Permit No. 870290; 40 CFR 60 Subpart GG; Rule 260.330 thru Rule 260.335

Final Suggested Permit Language Example #2 Work Practice Requirements The distribution of ammonia across the SCR unit plates shall be the optimum distribution to meet the emission limits. SCR units shall be operated at all times when operating the turbine using the automatic ammonia (NH3) control system except when the automatic control system is in breakdown status and the SCR is controlled manually. [Permit Condition #511 During manual operation, a trained operator shall be on duty at all times and the NH 3 injection flow rate shall not be less than 250 SCFH when operating the combustion turbine. This condition shall apply at all times, except for a 90-minute period for each cold start-up. Permit shall Continuously Monitoring NOx and O2 content of flue gas and calculate average emissions on an hourly basis. This streamlined permit condition assures compliance with work practice requirements contained in SDAPCD NSR permit 870290 **(Note: No other rules have work practice requirements to be subsumed)

Final Suggested Permit Language Example #2: Recordkeeping and Reporting All records of performance testing measurements shall be made available to the district upon request for at least two years following the date the information is recorded. By reference, Rule 19.2 requirements, 1. Occurrence and duration of any startup, shutdown or malfunction in the operation of the facility 2. Performance testing, evaluations, calibrations, check, adjustments, and maintenance of any CEMs, 3. Emission measurements, 4, Quarterly Report This streamlined permit condition assures compliance with record keeping and Reporting requirements of: Rule 69.3; NSR Permit No. 870290; Rule 260.330 thru Rule 260.335 (40 CFR 60 Subpart GG)

Suggested Permit Shield Language Example #2 1. The permittee has requested and is hereby granted a permit shield**. The permit shield applies as long as the permittee operates in accordance with the terms and conditions within this permit. 2. The list below identifies requirements which are not applicable to the permittee and the determinations thereof. So long as the permittee operates within the constraints of these determinations, the permit shield shall apply to the following provisions: a. Rule 69.3; b. NSR Permit No. 870290; c. 40 CFR 60 Subpart GG; d. Rule 260.330 thru Rule 260.335 **(Note: This is only applicable if the Title V permit program has a permit shield provision)

Streamlining Example #3 PA Title V Permit The Pennsylvania SIP limit for sulfur dioxide (SO2) emissions from certain combustion sources requires compliance be determined on a real-time (instantaneous) basis. PA Sulfur Regulation in the Pennsylvania Code with the same numerical emissions limit requires compliance determined over a one hour period. Pennsylvania has demonstrated that a source that is in compliance with the state limit over a one hour period can be considered federally enforceable (in compliance with the Federal limit (Pennsylvania SIP)) on an instantaneous basis. To "streamline" these limits, the Title V permit: 1) lists the SO2 emissions limit from the Pennsylvania Code; 2) cites the authority of the Pennsylvania Code regulation which contains this limit; and 3) states that "Compliance with the requirement specified in this streamlined permit condition assures compliance with the provisions specified in the SIP approved SO2 limits found at 40 CFR 52.2020(c)(1)." The Statement of Basis must include a technical justification demonstrating that the state limits assure compliance with the Federal limits. Also, a copy of this streamlining language and the technical demonstration should be included.

Enforcement 1. Upon receiving a part 70 permit, a source implementing the streamlined approach would not be subject to an EPA enforcement action for any failure to meet monitoring, recordkeeping, and reporting requirements that are subsumed within the streamlined requirement and specified under the permit shield. 2. These requirements would no longer be independently enforceable once the permit has been issued, provided that the source attempts in good faith to implement the monitoring, recordkeeping, and reporting requirements specified in the permit.

Streamlining Guidance Streamlining guidance/examples: EPA White Paper #2: http://www.epa.gov/ttn/oarpg/t5/memoranda/wtppr-2.pdf Region 3 Website: http://www.epa.gov/reg3artd/permitting/t5_streamlining.htm

Thank You For more information contact: Paul T. Wentworth Phone: 215-814-2183 Email:Wentworth.paul@epa.gov