1. The Title V Annual Compliance Certification (TVACC) requires facilities to list deviations from the terms or conditions in their Title V permits. What is the definition of a deviation from a Title V permit term or condition?
A deviation is any departure from a permit term or condition. It could be failure to do something the permit requires or it could be failure to meet a limit established by the permit.
2. Will each deviation from a Title V permit term or condition result in a Notice of Violation from the Department?
No. Deviations are reviewed pursuant to established Department priorities and decisions on enforcement action made accordingly. Please note that it is possible for facilities to comply with every term or condition in the permit yet still be in violation of air quality rules and regulations.
3. Why do we have to certify compliance with construction permits in the TVACC?
If the Department has approved a request to incorporate a construction permit by a 502(b)(10) change, administrative amendment, minor modification, or significant modification, and the permit has NOT been physically modified to incorporate the construction permit, you must list those terms or conditions and your compliance status with those terms or conditions in the TVACC.
4. Do I have to certify compliance with a construction permit if the unit did not operate during the TVACC Reporting Period?
If the construction permit has been incorporated into the TV permit as listed in number three above, you will need to certify with the TV and the construction permit.
5. Some regulations exempt facilities from complying with opacity limits during periods of startup and shutdown. Why do opacity excursions during these exempt periods have to be listed as deviations in the TVACC and would these excursions be classified as intermittent or continuous compliance?
These excursions are excused for bona fide startup and shutdown events. Startup and shutdown are finite periods that must be confirmed as such by the Department. The Department does not document such activities and they must be listed as deviations. Since the opacity standard does not apply during bona fide startup and shutdown events, you could check that the source was in continuous compliance with the opacity standards.
6. Do I have to re-list each startup/shutdown deviation in the TVACC if they are already identified in the quarterly COM/CEM reports?
If the quarterly reports contain all the information required by Section D of the TVACC, then it would only be necessary to fill in columns 1-3 of Section D and cite the submittal date of the periodic reports.
7. Since no data is recorded during periods of COM/CEM calibrations, are these periods considered deviations that must be listed in the TVACC?
Normal monitor calibrations are not considered to be deviations. Excessive calibrations are not allowed and will be assessed by the Department to determine whether or not they are deviations.
8. Is COM/CEM monitor downtime a deviation?
If monitor availability requirements are identified in the permit and actual monitor uptime is less than that required, then those periods would be deviations. If availability requirements are not specified in the permit then downtime would not be a deviation from the permit. If regulations and standards contain monitor availability requirements, yet they are not contained in the permit, the facility must still meet the requirements even though they do not have to consider it a deviation in their TVACC.
9. My Title V permit requires that I submit operational ranges for my fabric filter which provide a reasonable assurance of compliance. What am I certifying compliance with in this particular condition?
This is a standard condition used in Title V permits to fulfill periodic monitoring requirements. The condition usually states that owner/operators install, operate, and maintain parametric monitoring devices. It also states that operational ranges be developed and submitted to the Department for approval. When certifying compliance with this condition, facilities are certifying that;
- parametric monitors are or were installed,
- operational ranges were developed,
- ranges were submitted to the Department within required time frames,
- the pollution control device operated within those ranges; and
- any other requirements of the condition.
Facilities must operate within and certify compliance with ranges even if the ranges have been submitted but not yet approved by the Department.
10. My permit requires that I monitor the baghouse pressure drop and take action if outside of the range established to provide a reasonable assurance of compliance. If I do these things, what is the deviation?
Even though the permit identifies corrective actions to be taken during range excursions, the excursions are deviations to established ranges. If facilities follow the corrective actions identified in the permit, the excursions would not be considered violations but would still be deviations.
11. What is another example of credible evidence other than the one listed in the example deviation report?
Suppose your permit requires you to develop baghouse pressure drop operational ranges and record the readings once per day. Your normal procedure is to do this at 1:00 pm each day. During a casual inspection, you notice that the pressure drop is outside the operational range. This reading would need to be listed as a deviation of the established range and included in the TVACC deviation report.
12. Should test results that have been collected using test methods other than EPA Reference Test Methods or methods that have not been approved by the Department be made available to the Department as credible evidence?
Yes. Regardless of whether the methodology is approved by the Department or not, the results of all test data must be submitted to the Department per the Credible Evidence Rule. The Department will then assess the data and determine its validity and use.
13. If intermittent compliance is checked for a term or condition in Section C of the form, would this also have to be listed as a deviation in Section D?
Yes. All periods of intermittent compliance listed in Section C of the form would have to be documented in the deviations report of Section D.
14. How many deviations or non-compliance events are allowed before a facility is referred to enforcement?
There is not a specific number of deviations that will result in a referral to enforcement. Deviations and violations are reviewed individually and decisions on appropriate action, including whether to initiate enforcement proceedings, are made accordingly.
15. Do I have to certify with state only requirements?
Even though the TVACC applies to federally enforceable terms or conditions, the Department considers all terms and conditions very important and expects facilities to certify compliance with all of them.
16. What if one of my processes permanently shuts down? Would it be a deviation if I did not perform the monitoring and reporting required by the permit?
You may certify continuous compliance with the monitoring and reporting condition as long as all required reporting has been submitted.
17. (Old Template) Condition 4.B.3 requires facilities to maintain compliance with emission limitations including the modeled emission rates referenced in condition 4.B.2 and Attachment A. In the example TVACC, Attachment A is listed as an informational term or condition. What do we certify compliance with in conditions 4.B.2 and 4.B.3?
(New Template) Condition 4.10 requires facilities to maintain compliance with emission limitations including the modeled emission rates referenced in condition 4.9 and Attachment A. In the example TVACC, Attachment A is listed as an informational term or condition. What do we certify compliance with in conditions 4.9 and 4.10?
You would certify that the modeling was done, and based on stack test data or other available information, that the emission limits in Attachment A were not exceeded. Please note that changes in stack parameters, e.g., pollutant concentration, temperature, flowrate, etc., may affect compliance with the modeled rates in attachment A.
18. My Title V permit says I have to comply with the MACT, but does not list specific MACT terms or conditions in the permit. Do I have to go through the MACT line by line and list each requirement, whether the section or requirement is applicable or not, as a term or condition in Section C of the form?
You are not required to list each line of the MACT standard in Section C of the form. You are required, however, to review the MACT standard to determine if you are in compliance or not. If you are not in compliance with an applicable term or condition of the MACT standard, you must list those as deviations in Section D of the form.