Title V, Preliminary Completeness Review

What do I need to do?

I need to find out if the application contains the required information.

Initial Title V applications are required to be evaluated for completeness or incompletness within 60 days of receipt.

Where do I start?

Review the TV Application: PTE, emission unit specific requirements, attachments, etc.

Review the paper files, old permits and correspondence.

Review info in STARS II. Talk to the person who was last assigned

to the facility. Consult the magic 8 Ball.

Refer to the Guidance Documents Draft Title V Renewal Application Review and Permit Development

in STARS2 Memo dated 2/26/09

Title V Completeness Checks (marked draft)

Inter-office communication Title V Renewal Application Review and Permit Development dated August 10, 2004

Other Sources: The Answer Place http://www.epa.ohio.gov/dapc/title_v/titlev.aspx#eguides July 11, 2006 GE Decision IOC DAPC T&C Library

The content of this page was borrowed from Christina’s section of this presentation. Christina Wieg.

Completeness Checks

• There are two completeness checks used to evaluate Title V applications. The first completeness check performed is called the “Preliminary Completeness Check”, the second completeness check is called the “Technical Completeness Check.” The completeness checks are important to the facility because they directly impact whether or not the facility maintains its Application Shield.

Completeness Checks Continued

• The Application Shield is described in OAC rule 3745-77-06. This rule in combination with OAC rule 3745-77-04(A) basically state that as long as the Title V facility submits a complete and timely (by September 29, 1996) Title V application, the facility may legally operate under the terms and conditions of its old permits to install and operate until the Title V permit is issued. If the Title V facility loses this Application Shield, it has no legal right to operate before the issuance of the Title V permit. As stated above, the rule requires that a timely and complete Title V application be submitted for the facility to receive the Application Shield. The preliminary and technical completeness checks are used to determine the completeness of the application for purposes of the Application Shield.

Preliminary Completeness Review• Refer to the preliminary completeness

checklists found in the training manual and at:

• J:\DAPC\PERMITTING\Guidance\Guidance Docs\ TV preliminary & tech check.wpd

• Also refer to the checklist found in the August 10, 2004, Mike Ahern document titled “Title V Renewal Application Review and Permit Development “ found at J:\DAPC\PERMITTING\Guidance\Guidance Docs\TVrenewalguidance.wpd

The ChecklistPreliminary Completeness Checklist

– Emissions Units - The following emissions units were not included in the Title V application.

– Facility Emissions - Facility Level Form - The following pollutants which are either regulated pollutants or pollutants for which the facility is major, were omitted from the application.

– Applicable Requirements - Facility Level Form - The following applicable requirements were omitted from the application.

– Estimated Maximum Emissions - Emission Unit Level Form - The following pollutants were omitted from the specified emissions unit level form.

– Process Flow Diagrams - Process flow diagrams were omitted for the following emissions unit(s).

– Compliance Determination - Facility Level Form - The compliance determination fields for the specified applicable requirements have the following deficiencies.

– Confidentiality Claims - Facility and Emissions Unit Level Forms - The following confidential claims were not accompanied by a justification.

– Emissions Activity Category Forms - Emissions activity category forms were omitted or were not complete for the following emissions units.

Emissions Units

• Does the application include all applicable emissions units?

• Check the existing TV permit,• Check to see if recent PTI’s/PBR’s have

included new emissions units.• All known emissions units except those

determined to be trivial according to Engineering Guide #62 at the facility must be included.

Emissions Units Continued

• The list of emissions units should be scanned to see if it appears that all of the emissions units are included. If it appears that some emissions units may not be included, then the reviewer should check more closely. If it is determined that all emissions units were not included, then the application is not complete and an incompleteness letter should be sent to the facility requesting a revised application.

Facility Emissions

• Check to ensure that all regulated pollutants are listed in the Title V Application.

• All regulated pollutants for the facility must be listed. All pollutants for which the facility is “major” should also be listed.

Facility Emissions

The list of pollutants should be checked to see if the known regulated pollutants are included. In general regulated pollutants are pollutants for which there is an applicable requirement. If the reviewer finds that one or more pollutants are missing, the application is not complete and an incompleteness letter should be sent to the facility requesting a revised application with the additional pollutants listed. If pollutants are included which are not regulated, it should have no effect on the completeness determination.

Applicable Requirements

• All applicable requirements for the facility, each emissions unit, and each group of emissions units should be included.

• The reviewer should scan the list of applicable requirements. If it appears that all of the applicable requirements have been included, no further review is necessary at this time.

Applicable Requirements

If it is apparent that some applicable requirements are missing, then the reviewer should investigate further. If after further review only a few, minor applicable requirements are missing, then the permit writer should note this, include these requirements in the permit, and send the facility a letter notifying the facility, of the applicable requirements which had been left off the application, but will be added to the permit. If there are more than a few (~5%) applicable requirements that have been left out of the application, the application is incomplete and a revised application is necessary.

Estimated Maximum Emissions

• All pollutants, for which there is an applicable requirement for that emissions unit, must be listed.

• The list of pollutants should be scanned for each emissions unit. If it appears that all of the pollutants are included, no further review is required at that time. If it is obvious that some pollutants are missing, then further review is necessary. If it is determined that one or more pollutants are missing, then the application is incomplete and a revised application is necessary. Similar to facility emissions, if pollutants are included which are not regulated, it should have no effect on the completeness determination.

Process Flow Diagrams

• A process flow diagram must be included for each emissions unit.

• The reviewer should check the emissions units to see if there is a process flow diagram. If one or more are found missing, the reviewer should check more closely. If a diagram is not submitted for each emissions unit, then the application is incomplete and a revised permit application must be submitted.

• NOTE: IT IS POSSIBLE THAT A PROCESS FLOW DIAGRAM MAY NOT BE REQUIRED FOR ALL EMISSIONS UNITS. THIS DECISION WILL BE MADE AT A LATER DATE. IF A DIAGRAM IS NOT REQUIRED IN EVERY CASE, A CASE BY CASE DETERMINATION WOULD HAVE TO BE MADE DURING THE TECHNICAL COMPLETENESS REVIEW.

Compliance Determination

• For each applicable requirement, there MUST be an appropriate compliance determination program.

• The applicable requirements should be scanned to see if the compliance determination fields have been completed appropriately. The compliance determination fields are “Proposed Approach for Determining Compliance,” “Proposed Compliance Reporting Method,” “Proposed Compliance Monitoring Method,” “Proposed Compliance Recordkeeping Method,” and “Proposed Compliance Test Method.” The compliance determination programs for both the facility-wide and individual emissions unit applicable requirements should be checked.

Compliance Determination Continued• If it is obvious that some fields have not been

completed appropriately, then the application is incomplete and a revised application must be submitted. It is not necessary for the application reviewer to agree with the compliance determination program. As long as the applicant made a good faith effort to complete this section, it should be considered complete for the purposes of the Preliminary Completeness review. For some applicable requirements one or more elements of the compliance determination program may not be applicable. It is acceptable for these fields to have N/A or some other equivalent written in them.

Confidentially Claims

• For each item claimed as confidential, there must be an accompanying justification.

• The application should be scanned for confidentiality claims. Where confidentiality claims are found, the reviewer should verify that a justification is given. It is not necessary at this juncture to ascertain whether or not the confidential claim is valid. If it is found that a confidential claim(s) justification is not present, the reviewer should go through the emissions units more thoroughly. If one or more confidential claim(s) justifications is missing, a letter of incompleteness, which states the deficiencies and requests a revised application, should be sent to the facility.

Emissions Activity Category Forms EAC Forms• At least one emissions activity category (EAC)

form must be linked to each emissions unit form.

• The reviewer should check the emissions units to make sure that the appropriate EAC form (or forms) is attached for each emissions unit form. Some emissions units require two EAC forms. If the appropriate EAC forms are not attached to one or more emissions units, the application is incomplete. The reviewer should notify the facility of the deficiencies and request the additional information.

Emissions Activity Category Forms Continued• An EAC form must be included in the renewal

application for each insignificant activity ( little gear in Stars II) or emissions level that is subject to one or more applicable requirements.

• This requirement applies typically to IEUs that have a PTI. However, there are some operations that are subject to applicable requirements that do not require a PTI (e.g., a small use paint booth that uses less than 3 gal/day but is required to maintain records pursuant to OAC rule 3745-21-09) , including emissions units subject to SIP/rule-based emissions limits that, for various reasons, are not subject to obtaining a Permit-To-Install.

Emissions Activity Category Forms Continued• The requirement to submit EAC information is

required for all emissions units subject to one or more federally enforceable applicable requirements (limits established by rule and approved as part of the Ohio SIP are considered federally enforceable). This includes the vast majority of emissions units that are not subject to Permit-To-Install requirements but which are subject to federally approved rules through our SIP.

• There will be a very limited number of emissions units that are not required to have a Permit-To-Install but are subject to non-SIP approved State rules. These insignificant emissions units will not be required to have an EAC attached as part of the Title V renewal application.

Emissions Activity Category Forms Continued• No EAC form is required if the operation

is De- minimis pursuant to OAC rule 3745-15-05 or is specifically exempt pursuant to exemptions identified in OAC rule 3745-31-03 and is not subject to other generally applicable requirements.

• If the applicant failed to supply the required EAC forms, a letter must be sent indicating that the forms are required for a complete application.

Preliminary Incompleteness Review Letter

If the Title V Application is deemed to be preliminarily incomplete, the appropriate letter should be sent to the facility.An example of the letter is included in the training manual.The format for the incompleteness letter may change in the future.

Preliminary Complete Review Letter

If the Title V Application is deemed to be preliminarily complete, the appropriate letter should be sent to the facility.An example of the letter is included in the training manual.