Workshop I Advanced Air & NPDES Permits … Best Practices & Succeeding in the Process to Obtain the Best Possible Permit

Thursday, July 26, 2018 10:30 a.m. to Noon

Biographical Information

Larry S. Smith, P.E., Principal Consultant GT Environmental, Inc., 635 Park Meadow Rd, Suite 112, Westerville, OH 43081 Phone: (614) 794-3570 ext. 18 Fax: (614) 899-9255 [email protected]

Larry S. Smith, P.E., is a Principal Consultant with GT Environmental, Inc.’s Westerville, Ohio office. He has 30 years of experience working for clients in the areas of environmental compliance, brownfield and RCRA evaluations, and remediation. Larry has prepared individual and general NPDES permit applications for a variety of industries and clients for wastewater and storm water discharges. He has prepared storm water prevention plans (SWPPP) for multiple industries, and has developed strategies for implementing best practices as directed in a SWPPP. Larry holds a Bachelor of Science degree in chemical from the of Cincinnati. He is a Professional Engineer (P.E.) in Ohio, a Certified Professional (CP133) under the Ohio EPA Voluntary Action Program (VAP), and a Licensed Remediation Specialist (LRS) in West Virginia.

Ashley Ward, P.E., NPDES Supervisor Ohio EPA, Division of Surface Water 50 West Town Street, Suite 700, Columbus, Ohio 43215 Phone: (614) 644-4852 [email protected]

Ashley is the NPDES Program Supervisor in the Division of Surface Water. She has two Bachelor of Science degrees from The Ohio State University; one in Environmental Science, water specialization and one in Chemical Engineering. Prior to her current position, Ashley worked for the Division of Surface Water Chief in several different programs including enforcement, rules, NPDES and pretreatment. Before working for Ohio EPA, Ashley worked as a Microbiologist in the Department of Lexmark.

Katie Milk, CHMM, Environmental Scientist III GT Environmental, Inc., 778 McCauley Rd, Suite 120, Stow, OH 44224 Phone: (330) 687-3664 Fax: (614) 899-9255 [email protected]

Katie Milk is an Environmental Scientist III with GT Environmental, Inc.’s Northeast Ohio office, and has over ten years of environmental consulting experience. Katie’s primary focus is on Title V and minor source air permitting, air emissions inventories, synthetic minor demonstrations, air quality dispersion modeling, and state and federal rule applicability determinations, including MACT, NESHAP and NSPS. She also conducts multi-media environmental compliance audits, and provides compliance assistance for clients in a variety of industries in the areas of , EPCRA Sections 311/312/313, SPCC, waste water and storm water.

Katie is a graduate of The Ohio State University with a Bachelor of Science degree in Atmospheric Science. Katie is a Certified Hazardous Materials Manager (CHMM), and is a member of the Air and Waste Management Association (AWMA) and the Ohio Manufacturers’ Association (OMA).

Biographical Information

Kevin J. Kilroy, Safety & Environmental Manager Smithers-Oasis Company, 919 Marvin Street, P.O. Box 790, Kent, OH 44240 Phone: (330) 676-4426 [email protected]

Kevin Kilroy has almost forty years of experience in environmental, health and safety programs in a setting. He works for Smithers-Oasis Company, a privately held company headquartered in Kent, Ohio where it has manufacturing and facilities. The company manufactures and markets water-absorbing floral foams, accessories and floral mechanics to the floral market worldwide. They manufacture and market a complete line of post-harvest care products for the floral through its Floralife Division. They also manufacture and market products for the grower/ industry and insulating products for temperature- controlled packing products.

At Smithers-Oasis Company, Kevin has responsibility for the safety and environmental programs of the North American and Floralife Divisions in and provides consulting services to the other global operations of the company, particularly on product and safety related issues. Prior to joining Smithers-Oasis Company, Kevin worked nineteen years for an Ohio based Fortune 500 chemical and aerospace company, mostly at a chemical manufacturing facility where he was responsible for managing the ’s environmental program. Over the course of seventeen years at the plant, he also worked on health and safety programs. Prior to this, he worked for two years in the chemical division environmental department conducting permit review and project environmental impact assessments.

Kevin received a B.S. in both Chemical Engineering and in Plastic from Lowell Technological Institute and a M.S. in Environmental Studies from the University of Lowell. He is a member of the American Institute of Chemical Engineers (AICHE), and he was a past chairman of the Akron Section of AICHE.

ADVANCED AIR AND NPDES PERMITS

NPDES PERMITTING – STORM WATER JULY 26, 2018 LARRY S. SMITH, P.E. PRINCIPAL CONSULTANT TODAY’S DISCUSSION

NPDES Permitting Overview Ohio EPA General Permit Triggers to Permit Storm Water Pollution Prevention Plan (SWPPP) NPDES OVERVIEW – STORM WATER

 National Pollutant Discharge Elimination System - Clean Water Act, 1990  Storm Water  Municipal storm sewer systems  activities  Industrial activities, 11 Categories of Industrial Activity  Storm Water Permit – Ohio Delegated Authority, Administrator  Industrial  Individual NPDES Permit  Multi-Sector General Permit for Industrial (OHR000006) June 2017

 SIC Code

 Notice of Intent (NOI) NO EXPOSURE (NOE)

All industrial materials and activities are protected by a storm resistant shelter to prevent exposure to precipitation and runoff. WHAT TRIGGERS NEED FOR A PERMIT?

 Loading/Unloading Operations  Outdoor Storage  Outdoor Process Activities  Dust or Particulate Generating Process  Illicit Connections and Non-Storm water Discharges  Waste Management NOE?

Separate from maintenance activities; good condition; secondary containment recommended. NOE?

Tanks, drums, barrels must be sealed with on operational valves, good condition, no transfer materials outside. NOE?

If cannot be mobilized by storm water runoff, and in compliance with other programs; or, if not tracked out on vehicle tires. NOE?

Loading dock – complete transfer inside. Storage of materials outside? NOE?

Final product allowed if the product is for outdoor use. Racks, wooden pallets allowed if pollutant free. REQUIREMENTS OF A STORM WATER PERMIT

Legal Control Measures Inspections Storm Water Pollution Prevention Plan Monitoring SWPPP DEVELOPMENT

 Form SWPPP Team  Make part of employee goals  Assess potential storm water pollution sources  Identify activities exposed to storm water  Inventory materials and pollutants  Potential areas of spills or leaks  Non storm water discharges  storage  Sampling data SWPPP DEVELOPMENT (CONT.)

 Select appropriate control measures and best practices

 Minimize Exposure (AT&T Stadium)  MSGP Sector Specific non-numeric  Good Housekeeping effluent limits  Maintenance  Employee Training  Spill prevention and response  Non-Storm water discharges  Erosion and sediment control  Waste Garbage and floatable debris  Management of runoff  Dust generation and vehicle training  Salt storage piles GOOD HOUSEKEEPING GOOD HOUSEKEEPING MANAGEMENT OF RUNOFF

Proximity to storm sewer. Need for spill kit. SWPPP – DEVELOPMENT (CONT.)

Strong Site Map Locations of significant structures, impervious surfaces Direction of storm water flow Receiving streams and outfalls Potential pollutant sources Activities (types of activities discussed above) SWPPP SITE PLAN SWPPP DEVELOPMENT (CONT.)

Develop inspection/monitoring program/schedule  Routine facility inspections, monthly  Quarterly Visual Assessment, benchmark sampling  Annual report certification  Benchmark  Effluent limitations guidelines monitoring  Other monitoring as required QUARTERLY VISUAL SAMPLING

Color Settled Solids Odor Suspended Solids Clarity Foam Floating Solids Oil sheen BENCHMARK SAMPLING

Based on SIC 4 quarters within first 3-year period One from each quarter ROUTINE FACILITY INSPECTION REPORT QUARTERLY MONITORING REPORT ANNUAL REPORTING CERTIFICATION QUESTIONS

 Larry S. Smith, P.E.  Principal Consultant  GT Environmental, Inc.  (614)794-3570 x18  [email protected] NPDES Updates

Ashley Ward, P.E. NPDES Program Supervisor Presentation Outline

• NPDES Rule updates • WQS triennial review • 316(b) • Variances • General permits • Permitting tips NPDES Rule Updates

• OAC Chapter 3745-33 • Applications not considered complete unless all required quantitative data are collected in accordance with sufficiently sensitive methods. • Treatment Additives. http://www.epa.ohio.gov/dsw/permits/individuals • Two new minor modifications. • Group 5 parameters when using discretion. • Acute toxicity limits. Triennial Review - Selenium

• EPA published final chronic aquatic life criterion July 13, 2016. • Bioaccumulates • Can cause reproductive impairment, adversely impact juvenile growth and cause mortality. Triennial Review - Selenium Triennial Review - Selenium

Water Column Criteria (µg/L) Fish Tissue Criteria (mg/kg) Old New • Egg/ovary: 15.1 Streams 5 3.1 • Whole body: 8.5 Lakes 5 1.5 • Muscle: 11.3 • Egg/ovary overrides other criteria. Triennial Review - Ammonia

• EPA published revised aquatic life criteria for ammonia on August 22, 2013. • New toxicity data reflecting freshwater and snail sensitivity. Triennial Review - Cadmium

• EPA published revised aquatic life criteria for cadmium in 2016. • New aquatic toxicity tests. • Hardness based. Triennial Review

• • Fluoride • Strontium • Barium • Peracetic Acid 316(b)

• Rule background • Impingement • Entrainment • Facilities affected • *Key date has just passed: July 17, 2018 WQBEL Variances

• New federal rules • EPA encouraging use of variances • Individual variances must be adopted • Individual variances need reviewed every 5 years • Mercury GV General Permits

• surface • Small sanitary • Geothermal • Temporary • HSTS • WTPs • Hydrostatic • Sand and gravel • Non-contact cooling ? • application • Petroleum bulk storage • Petroleum related corrective actions Permitting tips

• Early meetings? • Look at form 2C data! PEQ Multipliers PEQ Example - Barium

• Two data points 158 ug/l, 130 ug/l • PEQmax = 158 x 3.8 = 600 ug/l • PEQavg = 600 ug/l x 0.73 = 438 ug/l

• WLAmax = 4000 ug/l • WLAavg = 420 ug/l PEQ Example - Barium

• Effluent data – 12 samples, 158 ug/l max • PEQmax = 158 x 1.6 = 253 ug/l • PEQavg = 253 x 0.73 = 185 ug/l

• WLAavg = 420 ug/l • 185/420 = 44%, No limits or monitoring Obtaining the Best Possible Air Permit Presented by: Katie Milk, CHMM

45 Plan Ahead!

 Be proactive: Establish internal procedures for installing/modifying sources, using new processes, chemicals, raw materials, etc.  Keep the lines of communication open within your  Determine the scope of your project:  What new emissions units will be installed or modified?  Will production changes cause the need for additional modifications upstream and/or downstream?  Will your project trigger additional regulatory requirements, such as BAT/BACT/LAER, PSD, NNSR, NSPS, MACT/GACT, or air quality modeling requirements?  If project triggers burdensome regulations, are you prepared to comply with those, or is there flexibility to make changes to avoid them?

46 Timing  A Permit-to-Install (PTI) or Permit-to-Install and Operate (PTIO) must be obtained prior to the installation of a new source or modification of an existing source  Ensure all involved with project are aware of application and processing timing  Agency review/processing times:  Minor source permits: up to 6 months (2-3 month average)  Synthetic minor source permits: up to 6 months (3-6 month average)  PSD/NNSR: variable, 5-18+ months  Public comment period can add 30+ days  Additional information requests from the permit writer and Ohio EPA can increase the processing time  Ohio EPA’s Rush List  Mike Hopkins, Ohio EPA, DAPC Lazarus Government Center PO Box 1049 Columbus, Ohio 43216 Phone: (614) 644-3611 Email: [email protected]

47 Timing

 Be familiar with site preparation activities allowed prior to issuance of permit – at your own risk (OAC Rule 3745-31-33)  All new sources are permitted to complete certain site preparation activities:

 Grading, clearing and excavating (existing vegetation, old , equipment, footers, pilings, foundations)

 Temporary installations to prepare for future construction activities (access , parking areas, signage or traffic control signs, equipment storage areas, utilities for construction, dust control systems, erosion control, stockpiles of stone, soil, etc.)

 Utility poles

 Landscaping and landscape fencing

 Installing concrete forms and rebar for concrete footers, pilings, foundations, etc.

 Cannot pour concrete

48 Timing

 Additional site preparation activities

 Allowed for projects that are not a major modification, major stationary source, synthetic minor, or netting permit to avoid major NSR.

 Permit application must be filed and determined to be administratively complete (usually within 14 days of submittal).

 Must provide notification of activities to Ohio EPA.

 Allowable activities include essentially everything up to the point of connection:

 Installation of emission unit and control equipment

 Electrical , piping, sewers, ductwork

 Concrete footers, foundations, pads and platforms for the buildings or equipment

 Permanent roadways and parking areas that are not required to obtain permits

 Construction of new or expanded buildings, or renovation or upgrading of existing buildings

49 Determine Permit Type

 New Source or Modification?

 Modification

 OAC Rule 3745-31-01(SSS): Physical change or change in the method of operation of any air contaminant source that does one or more of the following:

 Results in increase in the allowable emissions

 Results in increase in emissions greater than de minimis levels of an air contaminant not previously emitted

 Relocation of source to a new facility

 Is a major modification for NSR (PSD or NNSR)

 Is a major modification under NSPS or NESHAP regulations

50 Determining Permit Type

 Identify possible exemptions:  Trivial Sources

 < 1 pound per day

 Ohio EPA’s Engineering Guide 62

 Appendix A of US EPA’s July 10, 1995 “White Paper”  De minimis Sources

 OAC Rule 3745-15-05

 Less than 10 pounds of any criteria pollutant per day and less than one ton per year of any Hazardous Air Pollutants (HAPs)

 Sources can be de minimis on an “actual” or “potential” basis

 Recordkeeping requirements for sources that are de minimis on an “actual” basis  Categorically Exempt Sources

 OAC Rule 3745-31-03(B)(1)

 Specific types and sizes of sources 51 Determine Permit Type

 Permit-by-Rule  OAC Rule 3745-31-03(C)  Rule-based requirements for specific types and sizes of common sources  Must meet qualifying criteria, emissions limits, conditions for operation and recordkeeping/reporting requirements in rule (no actual permit is issued)  Requires only a notification and is approved when submitted  Functions as both an installation and operating “permit” for the source  General Permit  OAC Rule 3745-31-29  More than 50 air pollution source types are eligible  “Boiler plate” requirements – pre-defined terms and conditions, similar to requirements that would be included in a traditional permit  Processing goal of 45 days after application submittal, usually takes less

52 Determine Permit Type

 Minor Sources:

 Permit-to-Install and Operate (PTIO)

 Non-Title V (minor) sources

 Title V Synthetic Minor sources

 Federally Enforceable Permit-to-Install and Operate (FEPTIO)

 Major Sources:

 Permit-to-Install (PTI)

 Title V Permit-to-Operate (PTO)

 Must apply for an “Off-Permit Change” within 12 months of startup of a new source

 Must modify Title V permit (Minor or Significant Modification) before the startup of a modified existing source

53 Application Process

 Synthetic Minor Sources and Title V facilities must use Ohio EPA’s e-Business Air Services online application system

 Minor sources can use Air Services or submit hard copy applications

 Take into consideration:

 Hiring consultant or attorney

 Reaching out to Ohio EPA, permit writer

54 Application Process

 Gather information

 Calculations/Synthetic Minor Strategy

 AP-42

 WebFIRE

 Industry or facility-specific emission factors, mass balances, or stack testing

 Process Flow Diagrams

 Emissions Activity Category Forms

 Facility Profile Information

 SCC codes

 Control device information – control efficiency, type, manufacturer/model, operating ranges

 Stack information and locations

55 Application Process

 Identify state and federal rule applicability

 New Source Performance Standards (NSPS): 40 CFR Part 60

 National Emission Standards for Hazardous Air Pollutants (NESHAP): 40 CFR Part 61

 Maximum Achievable Control Technology (MACT) and Generally Available Control Technology (GACT): 40 CFR Part 63

 OAC Rules  Air Quality Modeling

 Required for emission increases above certain thresholds

 Table 3 of Engineering Guide #69

 Air Toxics Policy “Option A”

 All PSD & NNSR projects  “Best Available Technology” Requirements

 Sources that emit >10 tons per year

 Ohio EPA’s “BAT Requirements for Permits Issued On or After February 7, 2014” dated February 7, 2014  BACT/LAER Study  Additional Impacts Analysis (PSD only)  Offset Demonstration (NNSR only) 56 Application Process

 Provide more information than is required  Provide suggested monitoring and recordkeeping  Synthetic minor strategies

 Provide preference for operational restrictions

 Build in flexibility for future changes  Include project descriptions  Redline strikeouts for permit modifications  Use Ohio EPA’s “Permit Terms and Conditions Library” http://www.epa.ohio.gov/dapc/terms/termsintro  Use Ohio EPA’s to review issued permits for similar facilities and operations http://www.epa.ohio.gov/dapc/newpermits/issued

57 After Application is Submitted…

with permit writers and Ohio EPA to answer questions and obtain additional information in a timely manner.  Check in with Ohio EPA to monitor progress, schedule status calls.  Request draft versions of permits, and review carefully  Confirm information is consistent with application  Communicate proposed requirements with facility personnel  Ensure terms and conditions are within your capabilities and are not overly burdensome  Maximize operational flexibility, minimize monitoring, recordkeeping and reporting requirements

58 After Your Permit is Issued…

 Review final permit  Submit notifications (NSPS, MACT/GACT, OAC rules, etc.)  Schedule any required testing  Prepare a compliance checklist  Include all reporting and notification due dates, testing dates, expiration dates  Break down required monitoring, recordkeeping, testing  Identify frequency/averaging time and method of compliance for each requirement  Identify responsible personnel for each term and condition  Communicate requirements to affected facility personnel  Management practices and operational restrictions (closed containers, VOC content, production or usage limits)  Monitoring (pressure drop, temperature, pH, filter inspections, etc.)  Recordkeeping (Safety Data Sheets, material usage, operating hours, maintenance records, calculations, etc.)

59 After Your Permit is Issued…

 Keep renewal timelines in mind:

 General PTIO – Every 5 or 10 years

 True Minor PTIO – 10 years

 Synthetic Minor PTIO – 5 years

 PTI – never expires, however…

 Source must be installed within 18 months of permit issuance

 Can be extended for an additional 12 months with permission from Ohio EPA

 Title V PTO – 5 years

 Application must be submitted no earlier than 18 months and no later than 6 months prior to expiration

60 Potential Roadblocks

 Incomplete/incorrect information in permit application  Not responding to information requests from permit writer/Ohio EPA  Making significant changes to applications after the application is submitted  Not reviewing draft permits thoroughly  Failure to take into account future growth  Failure to take all operating scenarios into consideration  Source that is already in operation does not have a permit, or is subject to regulation

 Voluntary disclosure

 Attorney involvement

61 Keep an eye out for…

 Increases in production  Added shifts  New chemicals and raw materials  Like-kind replacements  Control device replacement/removal or even installation  Changes in stack location, height, flow rate, temperature, etc.  Certain small sources may not require permits but are subject to regulation/applicable requirements  Area Source MACT standards – minor sources may not have any permitted sources but may still be required to comply with notification requirements, management practices, monitoring, recordkeeping, etc.

62 Limited Budget

 Permit Assistance

 http://www.epa.ohio.gov/dir/permit_assistance.aspx#113 484684-additional-permitting-resources

 Office of Compliance Assistance and Pollution Prevention (OCAPP)

 http://www.epa.ohio.gov/ocapp/ComplianceAssistancean dPollutionPrevention.aspx

 Ohio EPA Permit Wizard

 http://ohioepa.custhelp.com/app/opa

 Ohio EPA’s Answer Place

 http://ohioepa.custhelp.com/

63 Recent Policy Changes

 NSR Aggregation

 “Once In Always In” policy withdrawal

 Project Emissions Accounting under NSR Preconstruction Permitting Program

 Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability

 Engineering Guide 69

64 Obtaining a Timely Air Permit

Presented by

Kevin Kilroy Safety & Environmental Manager Smithers-Oasis Company

Smithers-Oasis North America

1 Obtaining a Timely Air Permit

 Current Actions - What you should be doing now

 Handling the Future - Project Management Review System

 Permit Background Work

 Obtaining Flexibility & Operational Uptime

 Permitting - What Has Worked

2 Current Actions What You Should Be Doing Now  Permitting - Not just another activity- “its your legal basis to operate”  Understand current permitting status and any restrictions that apply

. Impacts future project options . Communicate current situation internally  Pay attention to agency proposals and be prepared to comment on any rules which may impact your company’s operations

3 Current Actions What You Should Be Doing Now  Become familiar with a more complicated permitting system

 This system ranges from permit exemptions to permits-by-rule to general, synthetic minor and/ or major permits

 Understand what constitutes a “permit modification”

 Communicate internally with examples

 A very useful exemption is the Deminimis exemption at OAC 3745-15-05

 Summary: Potential or actual emissions < 10 lbs/day with HAP emissions < 1 tpy, and potential emissions from this and similar emission units < 25 tpy. If you use it, remember to keep records of daily and annual emissions 68 Handling the Future Project Management Review System  Need early-on compliance review for projects

. Impact on scope, costs and ultimately compliance

 Critical to conduct project scope review and analyze permit options . Constraints with project scope and options/alternatives . Impacts of “wants vs. needs” . Communicate in writing – “no surprises” . Be simple, but address key questions on impact to project, such as timing, costs, restrictions, etc.

 Target key internal functions (i.e., Technical, R&D, Maintenance, etc.) – both to educate and to projects early on

69 Permit Background Work

 Work with project manager to collect basic project data: . Purpose, scope, and timing . Simple process diagram . Emission estimates – looking at actual and potential . Discuss emission reduction methods, costs, and the emissions

 Develop with project manager a schedule that includes permitting . Establish key data required and timetable to receive it

 Understand proposed project(s) to be able to describe in general terms in the permit application

70 Permit Background Work

 During permit strategy brainstorming sessions, keep in mind: . That some regulated chemicals or source categories have emission reduction and/or monitoring requirements . If possible, restructure emission units for best permitting scenario:

 Separate out operations – by source categories or chemicals  If a regulated chemical emission is minor and grouping applies a control requirement to much larger source

 Maximize in the permit application emissions by regulated pollutant classes up to level of permitting selected keeping in mind BAT and/ or Toxic Modeling requirements 71 Permit Background Work

 Participate proactively in permit data development:

. “You are the company representative who is ultimately responsible for data being complete and accurate.”  Pay attention to key permitting details associated with each project, including data collection; permit strategy and possible terms and conditions  Question all emission data and assumptions:

. Add unit emissions together and compare to overall operations mass balance . Document and scrutinize emission assumptions – are they realistic and defendable? . Note impurities and/or by-product chemistry – which may change emission/ compliance basis! . Check over any emission calculation spreadsheet(s) used - looking carefully for errors

72 Obtaining Flexibility & Operational Uptime

 Explore all emission reduction approaches in place of installing expensive controls, including pollution prevention alternatives:

. Expand existing in-process recovery at facility

. Change handling/ work practices

. Set limitations on mixture’s content, material substitution (of HAPs or OEPA Air Toxics), etc.

73 Obtaining Flexibility & Operational Uptime

 During project review and early permit work, make judgment on most likely agency permit requirements

 Keep in mind that “you as the source must live with any permit Terms and Conditions (T&Cs) and not the agency”

 Provide your own permit T&Cs to minimize restrictive or poor fitting ones:

 To expedite permit processing, and  Gives the agency an idea of your approach for demonstrating compliance, for example monthly averaging versus daily

74 Obtaining Flexibility & Operational Uptime

 Controls: . When controls are required, keep in mind both source economics and operational uptime are variables in agency negotiations. . “Only agree to a level of control which can be met all the time and not most of the time”

capture and collection system(s) to minimize expenditures while maximizing result

. Combine vents to minimize monitoring and control costs . Separate vents with low flow or pollutant concentration . Develop cost analysis for agency discussion

 Maintain source operation by providing equipment to: . Collect . Monitor (i.e., LEL), and . Regulate process discharge surges

75 Obtaining Flexibility & Operational Uptime

 Monitoring:

. If options exist, propose monitoring scheme(s), which are simple, reliable and fit your situation

 Agency personnel tend to think everything can be measured but that may not be true for your circumstances

. Where possible, propose a surrogate monitoring scheme:

 For example, propose operational data as appropriate, such as:

 Equipment hours of operation, or

 Emissions from material usage, for example:  Track hours worked daily,  Inventory solvent usage monthly, and  Back calculate daily solvent emissions

76 Obtaining Flexibility & Operational Uptime

 Monitoring:

. Propose monitoring schemes, which make sense for your operation using proven, cost effective and reliable technology

 To monitor compliance all the time the source is operating

 For example, propose monitor exit gas temperature instead of VOC concentration

. For compliance demonstration establish period of compliance demonstration which are practical and repeatable:

 Tie compliance monitoring to periods of discharge within process cycle

 Usually, longer time periods are better, particularly for variable or non-routine operations

13 Permitting – What Has Worked?  Submit complete and accurate application:

. Provide written process/ project description and simplified process flow diagram . Answer all standard PTI application questions as applies . Provide emission activity category form(s) . Provide emission calculations . Make sure numbers are consistent even for different averaging times . Be specific – leave no open-ended points . Provide listing of applicable requirements from good faith review . Propose T&Cs on monitoring and emission reduction . Answer key questions from your point of view . Have authorized company representative sign application

78 Permitting – What Has Worked?  Make permit reviewer’s job easy:

. Useful to provide narrative describing project and key points . Provide summary of applicable regulatory classification of raw materials

 Meet permit reviewer:

. To submit application . Explain project scope and timing . Review any key points . Request fast track handling if needed . Determine how application will be handled

 How familiar is permit reviewer with facility? Offer tour

79 Permitting – What Has Worked?  Determine extent of permit writer’s discretion and try for best terms . Content of many T&Cs is often negotiable . Keep making your point(s) and you may persuade agency

 Permits are public information and if you claim secrets, provide two versions (one “sanitized”) for agency processing

 Keep in contact with District Office or Local Air Agency during processing . Ask for a copy of the draft permit to review and comment

 Be ready for agency questions when they come . Develop backup materials during preparation of the permit application

80 Permitting – What Has Worked?  Review agency draft or final permit(s) carefully for accuracy and agency written terms and conditions

. Immediately report errors in draft to agency for revision . After permit is issued, it is difficult to get changes made . Simple errors may end up being more than little annoyances

 Provide written comments to unacceptable parts of draft permit within allotted timeframe; establishing possibility of later appeal  Involve legal counsel on permit comments or to appeal permit to the Environmental Review Appeals Commission

 Be courteous and professional in all dealings with agency personnel

81 of 57 Permitting – What Has Worked?

 Utilize Consultants and/or Legal Counsel as resources:

. Assist in permitting needs assessment . Assist in permit strategy development and consider possible ways to obtain Deminimis or Minor Permit status . Assist in permit data collection and preparing the application . Usually several options exist on permit T&Cs, so some research may be needed . Define data needed and critical questions to be answered

 Talk with agency (directly or indirectly)

 If Consultant hired, track and assist with permit data collection by internal personnel

82