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Title V Permit Writer's Tips - Streamlining Applicable Requirements

In some cases, more than one emissions standard applies to an emission unit(s) -- for example, a unit could be subject to a SIP rule, an NSPS, and a BACT determination. This situation existed long before Title V, but it is now more apparent since the Title V permit must contain all applicable requirements.

Basic Principles of Streamlining:
  • Most stringent requirement "assures compliance" with overlapping applicable requirements
  • Choose most stringent limit
  • Choose most "assuring" monitoring (e.g., if you streamline a 20% opacity limit that requires an annual source test with a 40% opacity limit that requires a COM, the streamlined limit is 20% opacity with a COM)
  • Include recordkeeping and reporting associated with the streamlined monitoring regime (where recordkeeping is the monitoring, apply "most assuring" test)
  • Monitoring, recordkeeping and reporting to determine compliance with the subsumed limit(s) is NOT required

In an effort to eliminate redundant emission limits, EPA's White Paper #2 provides guidance on "streamlining" multiple applicable requirements that apply to the same emission unit(s). This approach allows multiple emission limits to be "streamlined" into the most stringent limit. The monitoring, recordkeeping and reporting requirements of the streamlined limit are usually those of the most stringent limit -- provided they would assure compliance to the same extent as the subsumed limits. This section contains some practical tips for ensuring properly streamlined permit conditions.

  • The streamlining demonstration should include a side-by-side comparison of the requirements, and should be included in the Statement of Basis. (See White Paper #2 for more details on the streamlining demonstration).
  • The citation of authority for a streamlined permit condition should reference the authority for the streamlined limit, and the authority of all subsumed applicable requirements.
  • In order to protect the source from enforcement for noncompliance with subsumed applicable requirements, the permit shield should be granted in all instances of streamlining.

 Example #10

A 200 mmBtu boiler that burns only coal is subject to the following applicable requirements for particulate matter :

25 Pa. Code Section 123.11       A = 3.6E-0.56
                                                         A:   lb/mmBtu heat input
                                                         E:   Heat input (mmBtu/hour)
                                                  A = 0.185 lb/mmBtu

NSPS Subpart Db                  0.05 lb/mmBtu
[40 CFR 60.43b(a)(1)]

The NSPS limit of 0.05 lb/mmBtu is the "streamlined" limit because it is more stringent. The SIP limit of 0.185 lb/mmBtu is considered the "subsumed" limit (i.e., so long as the source complies with the NSPS limit, they are assuring compliance with the SIP limit).

The permit condition could be written as:

Unit #3: 200 mmBtu/hr boiler
Permittee shall not cause to be discharged into the atmosphere any gases that contain particulate matter in the excess of 0.05 lb/mmBtu heat input. [40 CFR 60.43(a)(1); 25 Pa. Code Section 123.11]

Permit shield applies.

A.  "Streamlining" Similar State-only and Federal Requirements

Sometimes the SIP-approved version of a rule differs from the state's current effective version of the rule. For example, EPA may have approved a state rule as part of the SIP years ago, but the state has since revised that regulation and the more recent version has not yet been SIP-approved by EPA. This creates a situation where the Federal requirement (i.e., the SIP) differs from the state-only requirement, yet the source is required to comply with both. If the source can demonstrate that compliance with the state requirement will assure compliance with the Federal requirement, the limits can be streamlined. (Also see Section I.A.1 about proper citations of authority). The Title V permit should include:

1) the state version of the requirement;
2) a citation of the legal authority for the state limit;
3) a statement that compliance with the state limit will assure compliance with the Federal limit (using the proper citation of legal authority when referencing the Federal limit).

The Statement of Basis should include a technical demonstration of how the state limit assures compliance with the Federal limit.

 Example #11
The Pennsylvania SIP limit for sulfur dioxide (SO2) emissions from certain combustion sources requires that compliance be determined on an instantaneous basis. A similar regulation in the Pennsylvania Code has the same numerical emissions limit, but allows compliance to be determined over a one hour period. Pennsylvania has demonstrated that, from the standpoint of practical enforcement, a source that is in compliance with the state limit over a one hour period can be considered in compliance with the Federal limit (Pennsylvania SIP) on an instantaneous basis.

To "streamline" these limits, the Title V permit:

1) lists the SO2 emissions limit from the Pennsylvania Code;
2) cites the authority of the Pennsylvania Code regulation which contains this limit; and
3) states that "Compliance with the requirement specified in this streamlined permit condition assures compliance with the provisions specified in the SIP approved SO2 limits found at 40 CFR 52.2020(c)(1)."

The Statement of Basis includes a technical justification demonstrating that the state limits assure compliance with the Federal limits. Attachment 1 contains a copy of this streamlining language and the technical demonstration.

B.  Include ALL Relevant Requirements

 When streamlining, make sure that ALL relevant emission limits/standards are addressed, including emission limits for all pollutants, emission units, and fuel types. 

Don't forget emission limits and periodic monitoring that apply when burning backup fuels (especially for NSPS Subparts Da, Db and Dc for boilers).

 

Example #12

A source has a 150 mmBtu/hr boiler which burns coal as the primary fuel and No. 2 fuel oil as the backup fuel. The source is subject to two applicable requirements pertaining to nitrogen oxide (NOx) emissions: 1) an NSR permit condition of 0.3 lb/mmBtu, and 2) the NSPS Subpart Db limitation of 0.2 lb/mmBtu when burning No. 2 fuel oil and 0.5 lb/mmBtu when burning coal. The NSR permit establishes the most stringent emission limit when burning coal, but NSPS establishes the most stringent limit when burning No. 2 fuel oil. The permit must include all relevant emission limits, including those for backup fuels.

The Title V permit conditions could be written as follows:

Boiler #001 (150 mmBtu./hr)

1. NOx emissions shall not exceed 0.3 lb/mmBtu when burning coal. [Permit # OP-16-00030. This streamlined permit condition assures compliance with NSPS Subpart Db, 40 CFR 60.44b(a)].

2. NOx emissions shall not exceed 0.2 lb/mmBtu when burning No. 2 fuel oil. [NSPS Subpart Db, 40 CFR 60.44b(a)].

The permit also must include associated monitoring, recordkeeping, reporting, and compliance determination methods, as well as emission limits for other pollutants.

C.  Streamlined Limits Must Be Expressed in Same Units

If the multiple emission limits being "streamlined" are not expressed in the same units, the Statement of Basis must contain a conversion factor.

Example #13

NSPS Subpart OOO (Nonmetallic Mineral Processing Plants) contains a particulate matter limit expressed in "grains per dry standard cubic meter", and a SIP-based permit limit is expressed in "grains per dry standard cubic foot". As part of a streamlining demonstration, the Statement of Basis must include the appropriate conversion to compare the two limits in the same units.

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