Compliance Assurance and Title V

Monitoring

A Summary of the
Rules and Applications
Peter Westlin, EPA,
OAQPS
Presentation topics

 Title V monitoring principles

 Part 64/CAM rule summary
 Other Title V Monitoring
 Part 70/Title V permit responsibilities
 Compliance certification
Enhanced Monitoring Rule History

 1990 - CAAA requires EPA to publish

monitoring rules for major sources
 1992 - EPA proposes Enhanced Monitoring
rules
– CEMS based
– All major sources subject
 1995 - EPA changes direction
– Reasonable Assurance of Compliance
– Focus on add-on control devices
Part 64 (CAM) design principles

Monitoring sufficient to provide a

reasonable assurance of compliance with
the applicable requirements (e.g.,
emissions limits) and to ensure operators
pay the same level of attention to pollution
control measures as to production
activities.
What is CAM rule?

40 CFR Part 64 - Compliance Assurance Monitoring

 Implements the monitoring design principle for
a reasonable assurance of compliance
 Targets facilities with add-on control devices
 Requires source owners to design monitoring to
fit site and incorporate into permits
What are CAM design criteria?

Build on current requirements and practices:

 Select representative control device operational
parameters (e.g., temperature, flow, pressure drop,
electrical voltages, component concentration);
 Establish indicator ranges for reasonable assurance of
compliance
– Accounting for site-specific factors such as margin of
compliance, emissions control variability, correlation
with emissions,
– Relying on design information, historical data, similar
sources, test data; and
 Establish data collection method and averaging time.
Who will be affected by CAM?

Rule applies to each pollutant-specific emissions unit

(PSEU) that:
 Is located at major source subject to Title V
operational permits program, and
 Is subject to emission limitation and has a
control device to meet that limit (e.g., ESPs,
scrubbers, fabric filters), and
 Has precontrol emissions >major source size
threshold (e.g., >100 tons/year uncontrolled
emissions).
Who is exempt from CAM?

 Exemptions are by rule type, not facility

type:
– Acid rain rules,
– Post-1990 EPA rules,
– Rules with continuous compliance
determination methods (e.g., Da facilities
for SO2).
 One exemption exception: Municipally-
owned peaking units.
Timing?

 Apply CAM to PSEUs in new (including renewal)

Title V applications after April 22, 1998:
– Large units (post-control emissions greater than
major source threshold) at initial permit and
significant permit revisions,
– All PSEUs meeting three criteria at permit renewal.
 Other monitoring sufficient to assure compliance
applies in interim.
What is required in part 70 for
monitoring?

 Monitoring requirements from applicable

rules including part 64
 Monitoring to fill gaps
– If applicable rule has no monitoring, no
frequency, initial testing only
– Gap-filling monitoring to provide reliable data
from relevant time period representative of
compliance (70.6(a)(3))
What must the source owner do to
get a permit?

Develop and propose monitoring in permit

application that at a minimum:
– Satisfies part 64, as applicable, and
– Includes applicable monitoring requirements.
 May also propose monitoring to fill gaps
including applying or improving existing
monitoring.
What is permitting authority role in
Title V monitoring?

Review and approve or disapprove proposed

monitoring:
 Is gap-filling monitoring with justification
included?
 Is required monitoring (e.g., part 64, rule-
specific) included?
 If proposal indicates no monitoring is
needed, is justification adequate?
What is permitting authority role in
Title V monitoring?

 Specify gap-filling or, under own

authority, improvements to proposed or
existing monitoring as needed to assure
compliance;
 Define monitoring in permit, specify all
elements and conditions for clarity and
future inspections.
How is the monitoring described in a
permit?

Permit elements (EPA’s part 64 guidance has

example format):
 Description of monitoring (what is measured,
how, frequency, averaging time),
 What defines excursions and consequences
(e.g., excursion triggers corrective action and
reporting obligation), excess emissions,
deviations.
 QA/QC schedules and procedures.
What does source owner do with
monitoring results?

Use the data to assure and assess compliance

with applicable requirements by:
– Operating control device(s) within designated
CAM or other indicator ranges, and
– Responding to excursions, excess emissions,
deviations with appropriate corrective action;
and
– Operating other control measures in
accordance with applicable conditions.
Defining Excursions and Exceedances

 Exceedance – condition detected by

monitoring (in units of pollutant emissions)
that emissions are beyond limit
 Excursion – departure from indicator
range established in accordance with
part 64
Status of Compliance for Excursions

 Potential problem in the operation and

maintenance of the control device,
 Possible exception to compliance with applicable
requirements,
 Owner or operator to take appropriate
corrective action, but
 Not necessarily a failure to comply with the
underlying emissions limitation or standard.
Status of Compliance for Exceedance
(Excess Emissions)

 Reporting requirements already

established in existing requirements, in
many cases,
 May have to specify an appropriate time
period for averaging data to report
exceedances,
 Exceptions to compliance.
Status of Exceptions to Compliance

 Certification of intermittent compliance is

not necessarily a certification of
noncompliance
– Periods for which one does not really know
(e.g., excursions from operating conditions),
– Excused periods (e.g., SS&M),
– Monitoring errors offset by other
information indicating compliance.
What is required for compliance
certification?

40 CFR 70.6(c)(5) - annual or more frequent

certification requires the source owner
(responsible official) to:
 Certify as to status of compliance for
each permit term or condition, and
 Indicate whether compliance is
continuous or intermittent.
What constitutes continuous or
intermittent compliance?

 From preamble to part 70 revisions (06/27/03):

– Any failure to meet permit terms or conditions (e.g.,
deviations or possible exceptions to compliance as per part
64 excursions) will result in intermittent compliance
certification;
 From other EPA documents (e.g., 1997, 2001 FR
notices): Certification of intermittent compliance is not
necessarily a certification of noncompliance:
– Periods for which one does not really know (e.g., excursions
from CAM indicator ranges),
– Monitoring errors offset by other information indicating
compliance.
 Two related acronyms

From Great Britain

• From regulatory language:
BATNEEC – Best available
technology not entailing excessive
costs
• From industry paper: CATNIP –
Cheapest available technology not
incurring prosecution
Questions? Break?