Title V Permit Writer's Tips - Streamlining Applicable Requirements
In some cases, more than one emissions standard applies to an emission unit(s) -- for example, a unit could be subject to a SIP rule, an NSPS, and a BACT determination. This situation existed long before Title V, but it is now more apparent since the Title V permit must contain all applicable requirements.
|Basic Principles of Streamlining:
In an effort to eliminate redundant emission limits, EPA's White Paper #2 provides guidance on "streamlining" multiple applicable requirements that apply to the same emission unit(s). This approach allows multiple emission limits to be "streamlined" into the most stringent limit. The monitoring, recordkeeping and reporting requirements of the streamlined limit are usually those of the most stringent limit -- provided they would assure compliance to the same extent as the subsumed limits. This section contains some practical tips for ensuring properly streamlined permit conditions.
|A 200 mmBtu boiler that burns only
coal is subject to the following applicable requirements for particulate matter :
Code Section 123.11 A = 3.6E-0.56
NSPS Subpart Db
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:
A. "Streamlining" Similar State-only and Federal Requirements
Sometimes the SIP-approved version of a rule differs from the state's current effective version of the rule. For example, EPA may have approved a state rule as part of the SIP years ago, but the state has since revised that regulation and the more recent version has not yet been SIP-approved by EPA. This creates a situation where the Federal requirement (i.e., the SIP) differs from the state-only requirement, yet the source is required to comply with both. If the source can demonstrate that compliance with the state requirement will assure compliance with the Federal requirement, the limits can be streamlined. (Also see Section I.A.1 about proper citations of authority). The Title V permit should include:
1) the state version of the requirement;
2) a citation of the legal authority for the state limit;
3) a statement that compliance with the state limit will assure compliance with the Federal limit (using the proper citation of legal authority when referencing the Federal limit).
The Statement of Basis should include a technical demonstration of how the state limit assures compliance with the Federal limit.
|The Pennsylvania SIP limit for sulfur
dioxide (SO2) emissions from certain combustion sources requires that
compliance be determined on an instantaneous basis. A similar regulation in the
Pennsylvania Code has the same numerical emissions limit, but allows compliance to be
determined over a one hour period. Pennsylvania has demonstrated that, from the standpoint
of practical enforcement, a source that is in compliance with the state limit over a one
hour period can be considered in compliance with the Federal limit (Pennsylvania SIP) on
an instantaneous basis.
To "streamline" these limits, the Title V permit:
The Statement of Basis includes a technical justification demonstrating that the state limits assure compliance with the Federal limits. Attachment 1 contains a copy of this streamlining language and the technical demonstration.
B. Include ALL Relevant Requirements
When streamlining, make sure that ALL relevant emission limits/standards are addressed, including emission limits for all pollutants, emission units, and fuel types.
|Don't forget emission limits and periodic monitoring that apply when burning backup fuels (especially for NSPS Subparts Da, Db and Dc for boilers).|
|A source has a 150 mmBtu/hr boiler which
burns coal as the primary fuel and No. 2 fuel oil as the backup fuel. The source is
subject to two applicable requirements pertaining to nitrogen oxide (NOx) emissions: 1) an
NSR permit condition of 0.3 lb/mmBtu, and 2) the NSPS Subpart Db limitation of 0.2
lb/mmBtu when burning No. 2 fuel oil and 0.5 lb/mmBtu when burning coal. The NSR permit
establishes the most stringent emission limit when burning coal, but NSPS establishes the
most stringent limit when burning No. 2 fuel oil. The permit must include all relevant
emission limits, including those for backup fuels.
The Title V permit conditions could be written as follows:
The permit also must include associated monitoring, recordkeeping, reporting, and compliance determination methods, as well as emission limits for other pollutants.
C. Streamlined Limits Must Be Expressed in Same Units
If the multiple emission limits being "streamlined" are not expressed in the same units, the Statement of Basis must contain a conversion factor.
|NSPS Subpart OOO (Nonmetallic Mineral Processing Plants) contains a particulate matter limit expressed in "grains per dry standard cubic meter", and a SIP-based permit limit is expressed in "grains per dry standard cubic foot". As part of a streamlining demonstration, the Statement of Basis must include the appropriate conversion to compare the two limits in the same units.|