Title V Permit Compliance: A Walden Case Study

Background

The Air Pollution Control Act of 1955 marked the first time the United States federal government passed legislation which funded research regarding air pollution; however, it wasn’t until the Clean Air Act of 1963 and Air Quality Act of 1967 that air pollution control, specifically, was the aim of the law.

The Clean Air Act of 1970, which defined the government’s new authority to control air pollution, marked the most drastic shift with respect to the federal government’s ability to enforce air pollution control. The 1970 Act established the United States Environmental Protection Agency (USEPA) in order to implement the various measures of the newest legislation. Also, in 1970, the New York State Department of Environmental Conservation (NYSDEC) was created, combining all state environmental programs into one agency.

Air Permitting in New York State

Currently, the NYSDEC oversees an air permitting program under 6 NYCRR Part 201, which describes permitting or registration requirements based on facility classification as a major or non-major source. Major sources include, but are not limited to, facilities who: 1) emit 100 tons per year (tpy) of air pollutants not including greenhouse gases (GHG), or 2) emit 10 tpy or greater of any singular hazardous air pollutant (HAP) as defined in 6 NYCRR Part 200, or a combined 25 tpy of various HAPs.

There are three different permit versions issued across New York State:

• Title V facility permits – required for major sources
• State facility permits – generally required for larger facilities whose actual emissions are not at major source levels
• Air facility registrations – for non-major sources

Case Study

Since 2017, Walden has provided services related to Title V facility permit compliance for a large condominium complex located within New York City (NYC facility). Walden ensures that all conditions within the issued Title V permit are adhered to by the facility, which include provisions for monitoring, recordkeeping, and reporting.

At the start of the job, Walden employees became familiar with the details of the current NYSDEC Title V permit. Title V permits are issued for a period not to exceed five (5) years and contain the following information:

• Reporting requirements to stay in compliance with the Title V air pollution control measures at the facility
  • For the NYC facility, this includes:
    • Quarterly reports regarding emissions, opacity, and the condition of the gas line filters
    • Annual/semi-annual compliance certification reports to certify that all permit conditions are being met
    • Annual/semi-annual fuel use/inventory reports
• Methods the facility uses to track emissions of air pollutants
  • The NYC facility achieves this mainly via automated recordkeeping using fuel inventory systems, periodic stack testing, and a continuous opacity monitoring system
• Control measures used to mitigate pollutants, as applicable
  • There are currently no control measures used nor required at the NYC facility
• Language to make the conditions of the Title V permit federally enforceable

On a quarterly basis, Walden is provided with facility fuel use data (natural gas and number 2 fuel oil), opacity monitoring results, and fuel oil certifications. This information is used to prepare the reports as described above.

Walden has also assisted the NYC facility and several others with Title V permit renewal activities and compliance with various New York City air pollution control regulations. Please give us a call today at 516-559-6976 for more information.