Once a final Title V permit is issued, it does not need to be renewed
until five years from the effective date. Facilities must comply with
all new periodic monitoring and recordkeeping requirements, and some
facilities may be required to comply with more than one version of the
same SCAQMD rule. Also, there are reporting requirements such as
deviation (non-compliance) reports, semi-annual monitoring reports and
annual compliance certification reports. Each of these new requirements
is briefly discussed below.
Periodic Monitoring Requirements
Title V
requires additional periodic monitoring for the SIP-approved, federally
enforceable rules that do not contain sufficient monitoring requirements to
assure compliance with the emission limitations or other requirements. The
SCAQMD has developed guidelines for periodic monitoring, testing and recordkeeping
requirements that may be incorporated in Title V permits. Click here to download
a copy of the SCAQMD Periodic Monitoring Guideline
(PDF, 289kb).
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Deviation and Breakdown Notification
The term
deviation is not defined in Part 70. It is generally understood to mean any
failure to comply with a permit term - which may or may not result in a
violation. In absence of a federal definition for deviation, the
description on
EPA’s reporting form, 6-MONTH MONITORING REPORT, for deviation under Part 71 is used as reference:
“Deviations from permit terms occur when any permit term is not met, including
emission control requirements and compliance assurance methods (monitoring,
recordkeeping, and reporting). ...the following are examples of deviations: (1)
emissions that exceed an emission limit; (2) parameter value that indicates that
an emission limit has not been met; (3) observations or data that show
noncompliance with a limitation or other requirement; (4) an exceedance or
excursion as defined in 40 CFR part 64 (CAM); (5) required monitoring that is
not performed; and (6) failure to submit a report. You also must include
deviations from permit terms that occur during startup, shutdown, malfunction,
and upset conditions. A deviation is not necessarily a violation; violations
will be determined by EPA (or its delegate Agency).”
[See
http://www.epa.gov/air/oaqps/permits/pdfs/sixmon.pdf (PDF) to view the form.]
Form 500-N – Deviations, Emergencies & Breakdowns (PDF) must be completed and submitted to the SCAQMD
Compliance Team for any deviations from permit or applicable rule requirements. Breakdowns as required by
Rule 430 – Breakdown Provisions (PDF) or
Rule 2004(i) (PDF) shall also be reported using the same form. Condition 22 of Section K
of the Title V permit provides the details of this reporting
requirement.
The facility must obtain a notification number from the
telephone operator at 1-800-288-7664 (1-800-CUT-SMOG) in complying with
conditions 22(A) & (B). Except for deviations under Condition 22D of
Section K, the notification number is required on
the Form 500-N (PDF) to reference the reported incident.
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Semi-Annual Monitoring Reports
Title V facilities that have been issued final permits are required
to submit a monitoring report to the SCAQMD
Compliance Team every six months. The report includes a statement
indicating if all monitoring required by the permit was conducted.
Monitoring may include observations, measurements, calculations,
sampling and anything else involved with the operation of equipment that
is required by the permit to be monitored. Also, the monitoring report
must identify all instances of deviations from permit requirements.
In general, these deviations should have been previously reported using the Form 500-N (PDF). Form 500-SAM - Semi-Annual Monitoring Report (PDF) should be submitted for the monitoring reports
to the SCAQMD Compliance Team. Rule 3004 - Permit Types and Content (PDF)
requires the first monitoring report to be submitted by August 31st for
the first six calendar months and the second report for the last six
calendar months be submitted by February 28th.
This Semi-Annual Monitoring report need not be submitted to EPA.
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Annual Compliance Certifications
A Title V facility that has been issued final permit is required to
certify annually that the facility is in compliance with the conditions
of the permit. The first annual compliance certification does not
include the period preceding the effective date of the initial Title V
permit.
Facility owners should review pertinent records each year to
determine if the facility complied with all permit requirements
including emission limits, work practice standards, and monitoring,
recordkeeping and reporting requirements.
Form 500-ACC - Annual Compliance Certification for Title V (PDF) must be submitted to the SCAQMD
Compliance Team and EPA by March 1st. Cycle 2 RECLAIM facilities should
however submit the Annual Compliance Certification Form annually at the
time the Annual Permit Emissions Program report is due. Listing
non-compliant operation on the compliance certification does not protect
the facility from possible enforcement.
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Non-compliant Operations
A Title V facility must submit
Form 500-C2 - Non-compliant Operations
Report and Compliance Plan (PDF) to the Compliance Team in cases of violations of
permit and rule requirements.
Deviations that are considered violations of the rule and permit requirements
must also be reported using Form 500-C2 (PDF) if a notice of violation (NOV) is
issued.
A facility that continues to operate in violation of the permit and rule
requirements may obtain an Alternative Operating Condition
in accordance with Rule 518.2 (PDF).
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Compliance with Outdated Rules in the State Implementation Plan
SCAQMD rules that have been approved by the EPA into the State Implementation Plan
(SIP) [40 CFR Part 52, Subpart F] are considered federally enforceable
for the purposes of Title V. However, the amended version of
SIP-approved SCAQMD rules may not yet be reflected in the SIP. While SCAQMD
awaits SIP-approval of the amended versions of these rules, EPA
requires the Title V permit to refer to rule versions that are the most
recent but not SIP-approved as well as the ones that are SIP-approved
but not the most recent. In the meantime, facilities are required to
comply with both versions of the rule.
The most recent rule language is currently in SCAQMD’s Rules and Regulations. It is recommended that Sections IV and V of the latest
Form 500-C1 – Title V Compliance Status Report (PDF) be consulted for listing of SCAQMD rules that are SIP-approved rules but
are not the most current, and rules that are not SIP-approved.