Transcript Prep4Permit Review.ppt

Preparing for Permit Review
Virgil Frazier
Southern Ute Indian Tribe
Objectives
Learn
 How tribes can participate
 How to get information (needed) for
review
 To detect common problems in reviewing
permits
 How to request permit applications and
other information
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Preview
Know your rights and how to assert them
 Four components in state permit
process
 Get on EPA, state, and/or local mailing
lists
 Review permit (time management)
 Identify issues/write comments
 Follow up
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Preparing for the Review
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Be Informed
 Get on mailing list
 Agency will send you
 Notification of Public Comment period
 Hearing date for public meeting/hearing
 Information on obtaining draft permit
Read public notice carefully for
details on deadlines and requirements
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Ensure Access to Information
 Typically, states allow tribes access to
Confidential Business Information
(CBI)
 Some states do not share CBI with
tribes
 Sources may try to use CBI status to
withhold information
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Apply for
“Affected State” Status
 If source is near reservation,
Affected State status helps ensure
tribal influence on permit
 Affected States receive all notices
and draft permits
 You may still request more detailed
information
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Documents Likely to Be
Necessary for Review…
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State’s SIP (relevant portions)
State’s Permit Program Regulations
40 CFR Part 70
NSPS
MACT
NESHAP
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Learn Title V Requirements
 Attend SIP hearings
 Attend permitting review meetings
 Develop contacts
 EPA authorities
 State authorities
 Local enforcement authorities
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Obtain the Permit Application
 Ensure that facility answered
questions, supplied information
 Request additional information from
permit authority
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Detailed monitoring plan
Previous permits
Computer model of facility’s air impact
Enforcement history
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Reviewing the Permit
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Determination of
Completeness
 Draft permit information
 Administrative
 Technical
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Common Problems
 SIP requirements missing
 State uses revised rules in SIP for
permit not yet approved by EPA
 Draft permit lacks sufficient
monitoring to provide good
compliance data
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Common Problems (cont.)
 Recordkeeping and reporting
frequency inadequate
 Information insufficient for standalone permit
 Permit limits not practically
enforceable
 Compliance schedule missing
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Documents that Aid in Review
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Permit application
Inspection reports
Notice of Violation
Previously issued permits
Monitoring reports
Test results
Startup, shutdown, malfunction reports
correspondence
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Examples of Major Questions for
Permit Review (Application)
 Why review?
 Learn about the
basics
 Source operation
 Source category
 Identify applicable
requirements
 Adequate
monitoring?
 What to LOOK for
 Processes /
pollutants / control
equipment
 Description &
citation for each
requirement
 Applicant’s
proposed
monitoring
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Examples of Major Questions for
Permit Review (Prior Permits)
 Are all applicable
requirements
included?
 What to LOOK for
 Emission limits
 Control equipment
requirements
 Monitoring/record
keeping
requirements
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Examples of Major Questions for
Permit Review (Monitoring Reports)
 To learn about
previous
compliance
problems, history,
other information
 Review reports
(show
applicability…)
 Margin of
compliance
 Emission-limit
exceedences
 Visible emission
test results
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Identify Issues/Write Comments
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Ask pertinent questions
Work with EPA and state
Submit comments by deadline
Provide examples
Cite specific rules
Suggest a fix
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Following Up
 Make sure
 Your issues are addressed
 Permitting authority is contacted
 Exercise your rights to request and
attend public meetings/hearings
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Summary
 Tribes have a role in Title V permit
review
 Know your contacts
 Request to get on PA’s mailing lists
 Use regional EPA contacts
 Continue commenting
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