Title V Permit Writer's Tips - Statement of Legal and Factual Basis
Each Title V permit is required to have an accompanying "statement of legal and factual basis" (or "Statement of Basis" for short). Permitting authorities usually call these documents "technical review memos" or "fact sheets". The permit is an enforceable document and should contain only enforceable terms and conditions, as well as any additional information to make the terms meaningful (e.g., identification of emission units). All background narrative (e.g., description of the facility) and explanations (e.g., basis of periodic monitoring regimes) should be in the Statement of Basis.
|The Statement of Basis "tells the story" behind the permit conditions.|
The more fully decisions are documented in the Statement of Basis, the fewer questions and comments EPA and the public are likely to have about the draft permit conditions. A thorough Statement of Basis also will be useful for permit revisions and permit renewal.
|Statement of Basis should include:
Explanations of the periodic monitoring regime are especially important when the periodic monitoring is less than what would be expected (e.g., only quarterly inspections of the baghouse are required because the unit operates less than 40 hours per quarter), or to justify that record keeping may be sufficient periodic monitoring (e.g., a records of the type of fuel and of certain sulfur content in fuel will assure compliance with an SO2 emission limit).
The Statement of Basis can also be used to notify the source, EPA and the public about issues of concern. For example, you may want to discuss the likelihood that a future MACT standard will apply to the source. This is also a place where you can highlight other requirements that are not applicable at the time of permit issuance, but which could become applicable in the future (e.g., future SIP regulations under development).