| 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 AQMD 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
Deviation and Breakdown Notification
Semi-Annual Monitoring Reports
Annual Compliance Certifications
Non-Compliant Operations
Compliance with Outdated Rules in the State
Implementation Plan
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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
AQMD 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 AQMD Periodic Monitoring Guideline
(pdf 289 kb).
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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 statement on
EPA’s reporting form for deviation under Part 71 is used as reference:
“Deviations
from permit terms occur when any permit term is not met, including terms that
establish emission limitations, emission standards, control equipment
requirements, work practices, and parameter ranges, and those designed to assure
compliance with such requirements, such as monitoring, recordkeeping, and
reporting requirements. For example, included in the meaning of deviation are
any of the following: (1) a condition where emissions exceed an emission
limitation or standard; (2) a situation where process or emission control device
parameter values indicate that an emission limitation or standard has not been
met; (3) a situation in which observations or data collected demonstrate
noncompliance with an emission limitation or standard or any work practice or
operating condition required by the permit (including indicators of
noncompliance revealed through parameter monitoring); (4) a situation in which
an exceedance or an excursion, as defined in 40 CFR part 64 (compliance
assurance monitoring or CAM), occurs; (5), a situation in which required
monitoring of emissions or parameters is not performed (including where
parameters; and (6) failure to comply with a permit terms that requires records
to be kept or submittal of a report 3. 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/prompt.pdf to view the form.]
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Form 500-N – Deviations, Emergencies & Breakdowns must be completed and submitted to the AQMD
Compliance Team for any deviations from permit or applicable rule requirements. Breakdowns as required by
Rule 430 – Breakdown Provisions or
Rule 2004(i) 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 to reference the reported incident.
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Title V facilities that have been issued final permits are required to submit a monitoring report to the AQMD
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. Form 500-SAM - Semi-Annual Monitoring Report should be submitted for the monitoring reports
to the AQMD Compliance Team. Rule 3004 - Permit Types and Content 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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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 must be submitted to the AQMD
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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A Title V facility must submit
Form 500-C2 - Non-compliant Operations
Report and Compliance Plan 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 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.
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AQMD 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 AQMD rules may not yet be reflected in the SIP. While AQMD 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 AQMD’s Rules and Regulations. It is recommended that Sections IV and V of the latest
Form 500-C1 – Title V Compliance Status Report be consulted for listing of AQMD rules that are SIP-approved rules but are not the most current, and rules that are not SIP-approved.
To help Title V facilities more easily obtain copies of the older
SIP-approved rules, electronic versions are available for
downloading.
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