Title V Permit Writer's Tips - Potential to Emit Limits
Many sources request limits on their potential emissions (i.e., potential to emit) to avoid being classified as a major source, or to avoid being subject to certain requirements. Such PTE limits must be practically enforceable in accordance with EPA's guidance entitled, "Guidance on Limiting Potential to Emit in New Source Permitting" (June 13, 1989) (Attachment 2).
A. PTE Limits Are Applicable Requirements
If a source is subject to a PTE limit which was established before the Title V permit is issued, that limit is an applicable requirement and must be incorporated into the Title V permit (e.g., a PTE limit taken years ago in a minor NSR permit to avoid applicability of major NSR review). PTE limits also can be established newly in Title V permits (e.g., a PTE limit on HAPs to avoid applicability of a MACT standard).
In accordance with EPA policy , permit conditions establishing effective PTE limits must impose practically enforceable production or operational limit (e.g., hours of operation, raw materials used) in addition to practically enforceable emissions limits.
|In this example, the source had taken, in a
currently effective minor NSR permit, a PTE limit on sulfur dioxide (SO2) in
order to remain below the major source threshold for PSD (in this case, 250 TPY). Sulfur
dioxide is the only pollutant for which the source's PTE would have been greater than
250 TPY without this limit. The source's Title V permit contains the following
emission and operational limitations:
In the Statement of Basis, the permit writer includes a calculation demonstrating that,
based on the operational limit on gallons of No. 6 fuel oil burned, the maximum SO2
emissions are 220 TPY -- below the major
The permit also requires monthly recordkeeping of the SO2 emissions, the 12-month rolling total SO2 emissions, fuel type/usage, and the 12-month rolling total of fuel burned.
B. Documenting the Origin of PTE Limits
|Why did the source take this PTE limit?|
The Statement of Basis should include an explanation of WHEN/WHY/HOW the PTE limit was originally established for the source.
|The Statement of Basis explains the following
information for a PTE limit:
C. Permit Application Checklist
On EPA's Permit Application Checklist form (Attachment 3), Item #7 asks if PTE limits apply to the source. Please check "yes" to this question only if the source is subject to "true" PTE limits -- that is, limits that are designed to avoid major source status or the applicability of any requirements. Many types of emission limits (e.g., SIP limits, such as RACT) effectively serve to limit a source's potential emissions, but are not designed to escape major source status or applicable requirements. EPA Region III uses the information on this checklist to decide whether to target the permit for review.