New York State
New York State
Title V Program
Title V Program
What’s Working
What’s Working
What’s Not
What’s Not
Michael Styk, P.E.
Environmental Engineer II
Background
Background
•
NYS permitting program
– Emission point permits – first issued 1973
• Two-phased program – permit to construct/certificate to operate
– Title V program status
• Interim approval granted 12/9/96
Title V Successes
Title V Successes
•
Facility Permit System
– Requirements consolidated under single permit – Permit administration simplified
• Processing streamlined, more efficient
• # of permits required reduced
Title V Successes
Title V Successes
•
Quality of monitoring conditions improved
– Level of detail increased to meet enforceability criteria
– All conditions reference a federal or state requirement
– Limits and requirements more clearly defined • Agency inspection and review process enhanced
Title V Successes
Title V Successes
•
Permits more uniform
– Details in operating conditions allow regulated sources to keep their methods consistent
• Reporting/recordkeeping time frames
• Averaging periods
– Common TV requirements allow for an exchange of ideas with other states
Title V Successes
Title V Successes
•
Compliance and enforcement enhanced
– Facilities know what to expect regarding compliance and reporting requirements
– Self-reporting aspect compels facilities to consider requirements more seriously
• Sources are under closer scrutiny
Title V Successes
Title V Successes
•
Compliance and enforcement (continued)
– Networking improved
• Increasing cooperation between environmental and operations managers to assure compliance
– Multiple uses of compliance reports: • Inspection aid/checklist
• Discovery tool
• Starting point for more in-depth questions
Title V Successes
Title V Successes
•
Permit Review Report (PRR)
– Favorably received by public
– Discussions regarding basis for monitoring and applicability force reviewers to examine rationale for selecting appropriate compliance strategies
– Provides details into permit writer’s thought process for future reference
Title V Successes
Title V Successes
•
Public Participation Enhanced
– Permitting process more open
– Permit reviews incorporate environmental justice concerns
– TV permits and PRR’s posted on department website for easier public access
Title V Successes
Title V Successes
•
Development of AFS
– Initially designed for Title V program – Ties all permitting activities together:
– Application processing/Permit development – Compliance and enforcement
– Inventory tracking
– Maintaining historical data – Fee billing
Title V Problems
Title V Problems
•
Initial permit applications rarely complete
– Applicants overlook requirements
– Permit writers routinely seek additional data
•
Permits tend to be long and complex
– Applicants and public find some permits cumbersome and difficult to follow
Title V Problems
Title V Problems
•
Volume of reports can be overwhelming
– Entry of semi-annual/annual certification data time consuming
– Field staff have difficulty completing thorough reviews in a timely manner
– EPA deadlines for uploading case entries to AIRS often hard to meet
Title V Problems
Title V Problems
•
Guidance for reporting ‘deviations’ vs
‘violations’ limited
– Distinction between the two often confusing to both facility and reviewer
– Need more consistent application of ‘enforcement discretion’ and ‘affirmative defense’
Title V Problems
Title V Problems
•
Overlapping reporting requirements for MACT
– Synchronizing MACT and TV reporting requirements difficult
•
Coordination of undelegated program
components problematic
Title V Problems
Title V Problems
•
Monitoring guidance lacking
– How is periodic monitoring to be applied to non-standard air pollution sources (i.e. those without controls or appropriate operating parameters,
RACT sources, opacity)?
– What’s considered sufficient to ‘assure compliance’?
Title V Problems
Title V Problems
•
SIP issues
– SIP submittals not acted on in a timely manner • Repealed and revised regulations still need to be listed
• Repetitive requirements included in permits
• Confusing to both facilities and staff
•
Supersession issues
Title V Problems
Title V Problems
•
Other issues:
– Non-concurrent public and EPA reviews lengthen processing of significant permit modifications
– Repetitive permit objections filed by interest groups have diverted staff resources from
permitting duties
• Lengthy and repetitive responses often required to both petitioners and EPA
Making It Work
Making It Work
•
Development of permit QA audit program
•
Development of permit manual
•
Developing commonly used monitoring
conditions
•
Continuing discussions with EPA Region 2 to
resolve SIP and supersession problems
Contact Information
Contact Information
New York State Department of Environmental Conservation
Bureau of Stationary Sources Division of Air Resources 625 Broadway, 2nd Floor Albany, NY 12233-3254 518 – 402 – 8403 518 – 402 – 9035 (fax) http://www.dec.state.ny.us/website/dar/index.html E-mail: [email protected]
