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Title: Optimizing operational flexibility and enforcement liability in Title V permits

Abstract

Now that most states have interim or full approval of the portions of their state implementation plans (SIPs) implementing Title V (40 CFR Part 70) of the Clean Air Act Amendments (CAAA), most sources which require a Title V permit have submitted or are well on the way to submitting a Title V operating permit application. Numerous hours have been spent preparing applications to ensure the administrative completeness of the application and operational flexibility for the facility. Although much time and effort has been spent on Title V permit applications, the operating permit itself is the final goal. This paper outlines the major Federal requirements for Title V permits as given in the CAAA at 40 CFR 70.6, Permit Content. These Federal requirements and how they will effect final Title V permits and facilities will be discussed. This paper will provide information concerning the Federal requirements for Title V permits and suggestions on how to negotiate a Title V permit to maximize operational flexibility and minimize enforcement liability.

Authors:
 [1]
  1. Rust Environment and Infrastructure Inc., Greenville, SC (United States)
Publication Date:
OSTI Identifier:
353591
Report Number(s):
CONF-970677-
TRN: IM9929%%137
Resource Type:
Conference
Resource Relation:
Conference: 90. annual meeting and exhibition of the Air and Waste Management Association, Toronto (Canada), 8-13 Jun 1997; Other Information: PBD: 1997; Related Information: Is Part Of 1997 proceedings of the Air and Waste Management Association`s 90. annual meeting and exhibition; PB: [7000] p.
Country of Publication:
United States
Language:
English
Subject:
54 ENVIRONMENTAL SCIENCES; 29 ENERGY PLANNING AND POLICY; AIR POLLUTION; CLEAN AIR ACTS; ENFORCEMENT; LIABILITIES; LICENSES; IMPLEMENTATION

Citation Formats

McCann, G.T. Optimizing operational flexibility and enforcement liability in Title V permits. United States: N. p., 1997. Web.
McCann, G.T. Optimizing operational flexibility and enforcement liability in Title V permits. United States.
McCann, G.T. 1997. "Optimizing operational flexibility and enforcement liability in Title V permits". United States. doi:.
@article{osti_353591,
title = {Optimizing operational flexibility and enforcement liability in Title V permits},
author = {McCann, G.T.},
abstractNote = {Now that most states have interim or full approval of the portions of their state implementation plans (SIPs) implementing Title V (40 CFR Part 70) of the Clean Air Act Amendments (CAAA), most sources which require a Title V permit have submitted or are well on the way to submitting a Title V operating permit application. Numerous hours have been spent preparing applications to ensure the administrative completeness of the application and operational flexibility for the facility. Although much time and effort has been spent on Title V permit applications, the operating permit itself is the final goal. This paper outlines the major Federal requirements for Title V permits as given in the CAAA at 40 CFR 70.6, Permit Content. These Federal requirements and how they will effect final Title V permits and facilities will be discussed. This paper will provide information concerning the Federal requirements for Title V permits and suggestions on how to negotiate a Title V permit to maximize operational flexibility and minimize enforcement liability.},
doi = {},
journal = {},
number = ,
volume = ,
place = {United States},
year = 1997,
month =
}

Conference:
Other availability
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  • The Title V Operating Permits program has been extended over many more years than originally anticipated when the 1990 Clean Air Act Amendments were first legislated. In fact, the regulatory program is still being refined even as facilities complete and submit their Title V permit applications. Likewise, it is clear that the agency review of the Title V permit applications will probably take considerably longer than originally anticipated. Finally, when the agency does complete the review, it is equally clear that there will need to be a significant amount of negotiating on the part of the facility to arrive atmore » a simplified permit that is operationally feasible. This paper presents a number of suggestions for what the facility should be doing between the time the permit application is first submitted and the agency responds with a draft permit. The suggestions are designed to help simplify the permit and enhance flexibility. In addition, the paper presents permit negotiating techniques and points out the pitfalls that will be encountered if the facility does not take action prior to receiving the draft Title V permit. This paper suggests that the facility should internally evaluate how the permit application impacts facility operations prior to the agency doing so. It also suggests that the facility should contact the agency early and amend the permit application to take advantage of increasing regulatory flexibility. By taking these steps, and properly negotiating the permit terms and conditions; the facility will achieve a much better permit, and will hopefully be able to avoid the regulatory burdens and delays associated with re-opening the permit during the next 5 to 8 years (from the time of permit application submittal).« less
  • Title IV of the Clean Air Act not only created a regulatory program unlike any other under the Clean Air Act, but also established a unique position--the designated representative--as an integral part of the program. The designated representative is required to meet certain basic obligations under Title IV, and a panoply of enforcement mechanisms are available to EPA in the event of noncompliance with these obligations. Also, because a designated representative may take on responsibilities under the permit provisions of Title V of the Clean Air Act, the designated representative can also be subject to an enforcement action for failuremore » to comply with certain Title V permit requirements. This paper considers the basic definition of the designated representative under EPA`s Title IV and Title V regulations, identifies the responsibilities assigned to the designated representative, and then analyzes the enforcement mechanisms that may be applied to the designated representative if a regulatory responsibility has not been satisfied.« less
  • The Clean Air Act of 1990 (CAA) mandated that all facilities classified as major were to obtain a Federal Title V operating permit. In addition, any facility, either major or minor, which emits certain chemicals or compounds above a specific single quantity limit or a total aggregate limit are subject to Title III requirements and are required to obtain a Title V permit as well. The problem with obtaining a Title V permit for Title III substances is there is limited data, at least for the utilities sources, on emission factors and emission rates for many of the Title IIImore » listed chemical compounds. In addition, the emission data that exists is very conservative, and if used, would show the facilities to be significant emitters of hazardous air emissions, while actual emissions are significantly less. This could lead a facility to applying for a Title V permit unnecessarily, a time consuming process at best. In Iowa, facilities submitted the first Title V permit applications in 1994. The Iowa Department of Natural Resources is currently in the process of reviewing the submittals prior to issuing operating permits. Title III has not been addressed at all in the submittals and therefore will not be included in this round of finished permits that are to be issued. The outcome of this is that the Title V permits will have to be opened and amended to include the applicable Title III operating conditions and constraints. This paper will examine the areas where Title III and Title V collide and the potential permitting and enforcement issues that will have to be faced by the facilities that operate under these permits. This paper is based on the opinions of two of the three responsible parties (facilities and consultants) that are dealing with the potential permitting and enforcement wreckage before the collision occurs.« less
  • Two recent applications for a heavy duty industrial gas turbine engine are discussed. The principal design requirements for both cases are compared and the design changes necessary to meet the requirements are illustrated. In the case of a main pipeline compressor driver, the need for high thermal efficiency over a wide range of loads is met by use of a regenerative cycle and by reprogramming the loading sequence. Long term step increases in engine capability were provided by incorporating a unique engine convertability feature. In the case of a process air compressor driver with exhaust heat recovery, the engine exhaustmore » temperature and gas flow imposed constraints on engine capability during high ambient temperature operation and on engine operation at low ambient temperature conditions. The constraints were met by the use of steam injection to augment power at high ambient temperature conditions and by the use of variable inlet guide vanes to control exhaust flow at the low temperatures.« less
  • Title V of the Federal Clean Air Act Amendments of 1990 requires federal operating permits for all major sources of air pollution. In 1992, Title 40, Part 70 of the Code of Federal Regulations (40 CFR Part 70) codified the law s requirements. These federal regulations, entitled Operating Permit Program, define the minimum requirements for state administered operating permit programs. The intent of Title V is to put into one document all requirements of an operating permit. General Permits for oil and gas facilities may be preferred if the facility can comply with all permit requirements. If greater flexibility thanmore » allowed by the General Permit is required, then the facility should apply for an individual Title V permit. General Permits are designed to streamline the permitting process, shorten the time it takes to obtain approval for initial and modified permits. The advantages of the General Permit include reduced paperwork and greater consistency because the permits are standardized. There should be less uncertainty because permit requirements will be known at the time of application. Approval times for Initial and modified General Permits should be reduced. Lengthy public notice procedures (and possible hearings) will be required for only the initial approval of the General Permit and not for each applicant to the permit. A disadvantage of General Permits is reduced flexibility since the facility must comply with the requirements of a standardized permit.« less