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Correspondence



NOTE: SIMILAR LETTERS WERE SENT TO ALL 6 STATES IN REGION.

January 15, 1997

Ann Foss, Program Administrator
Division Programs and Permits Section
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, Minnesota 55155


Dear Ms. Foss:

I am writing this letter to all Region 5 States to reaffirm the United States Environmental
Protection Agency's (USEPA) commitment to ensure the integrity of the Clean Air Act's Title V
program and the permits issued thereunder. It has come to our attention that there may still be
some questions regarding the monitoring, record keeping, and reporting requirements of the
Title V program.


Monitoring, record keeping, and reporting requirements are important elements of a technically
sound and enforceable Title V permit. Section 70.6(a)(3) of the Title V regulations specifies
the standard monitoring and related record keeping and reporting requirements that each Title
V permit must contain. One important element of the monitoring, record keeping, and reporting
requirements of Title V is that each permit must contain periodic monitoring sufficient to yield
reliable data from the relevant time period that are representative of the source's compliance
with the permit, if the underlying applicable requirements do not otherwise specify such
monitoring. This provision is commonly referred to as the gap-filling provision. Therefore, if the
underlying applicable requirements, such as construction permit conditions or State
Implementation Plan requirements, do not contain adequate monitoring, record keeping, and
reporting provisions sufficient to provide such reliable data, the State must add such
provisions in the Title V permit, and these provisions must be located in the federally

enforceable section of the permit. This periodic monitoring requirement is a Title V program
element, and it exists independent of the USEPA's future actions with respect to the
Compliance Assurance Monitoring regulations, which are currently under consideration.


The USEPA has not issued any guidance related to the content or sufficiency of Title V
periodic monitoring scenarios, and State permitting authorities have significant discretion to
tailor the application of the gap-filling requirement in ways that are effective and reasonable.
Nonetheless, Title V does require that operating permits include gap-filling measures where
needed. We have discussed this matter with USEPA Headquarters offices and can confirm
that this is their position as well.


Enclosed are some excerpts from recent Wisconsin Title V permits which contain periodic
monitoring elements that meet the intent of the Title V provisions. I am using examples from
Wisconsin as this State is the furthest along in the actual issuance of Title V permits in Region
5, and Wisconsin's Title V permit format is designed to assure that compliance requirements
are included. Please note that these examples are provided to show Wisconsin's approach of
addressing the periodic monitoring requirements, and are not comprehensive of all the
variations to gap-filling that are possible for any given situation. Also, note that many of the
specific Wisconsin statutory and regulation citations in column B of these excerpts refer to the
state's general authority for establishing gap filling or expand upon underlying general
monitoring requirements. These permits are available for viewing on the Internet at the
Wisconsin Department of Natural Resources Gopher site.


As Region 5 works with its States to implement Title V permitting, the presence of periodic
monitoring requirements is one area which will receive Regional review. Any permit that does
not contain the periodic monitoring provisions as required by 40 CFR 70.6 is subject to an
USEPA veto in accordance with the objection provisions in 40 CFR 70.8(c).


I hope this letter and the examples I have provided clarify the Agency's position that periodic
monitoring provisions must be contained in all Title V permits, regardless of the underlying
regulations. If you or your staff have any questions regarding this information, please feel free
to contact Rachel Rineheart, Minnesota Permit Specialist, at (312) 886-7017.


Sincerely yours,

/s/

Stephen Rothblatt, Chief
Air Programs Branch


Revised Enclosures

Gapfil-2.wpd

(EPA note: Excerpt from Zalk Josephs Fabricators Inc. - Issued April 29, 1996. Additional testing and reporting requirements are included in Section C., Testing and Reporting Requirements Applicable to the Entire Facility, and Part II, General Permit Conditions.)
PART I
APPLICABLE LIMITATIONS AND SPECIFIC CONDITIONS
A. S98/P03/C03: Shotblast. Fabric Filter Control. Installed 1979.

POLLUTANTa. LIMITATIONSb. COMPLIANCE DEMONSTRATIONc. REFERENCE TEST METHODS, RECORDKEEPING AND MONITORING
1. Particulate Matter Emissions(1) The emissions may not exceed 6.12 lb/hr. This is the most restrictive allowable emission rate, based on the equation 0.40 lb/1000 lb gas x (Airflow) scfm x 0.075 lb/cf x 60 min/hr, based on a maximum airflow of 3400 acfm and at an exhaust gas temperature that is considered standard conditions. Operation of the baghouse is required in order to allow the facility to comply with this limit. [ NR 415.05(1)(o) and (2), Wis. Adm. Code](1) The baghouse must be controlling emissions and operating properly at all times shotblasting is being performed. [ 144.394(3), Wis. Stat.]

(2) The pressure drop across the baghouse shall be maintained between 1 and 10 inches of water. [ NR 439.055(1)(a), Wis. Adm. Code]

(3) The facility shall perform a weekly inspection of the baghouse to ensure there are no broken/torn bags which would allow excess emissions. [ NR 407.09(1)(c)1.b., Wis. Adm. Code]
(1) Whenever compliance testing is required, USEPA Method 5, including the condensible backhalf, shall be used. When approved in writing an equivalent test method may be substituted for the required test method. [ NR 439.06(1), Wis. Adm. Code]

(2) The facility shall install, operate, calibrate and maintain a pressure drop monitor at the baghouse. [ NR 439.055(1), Wis. Adm. Code]

(3) The pressure drop across the baghouse shall be monitored continuously. [ NR 439.055(1)(a), Wis. Adm. Code]

(4) The facility shall maintain the following records:
(a) A log of the name or initials of the operator performing each weekly baghouse inspection and the time each inspection took place.
(b) A description of any maintenance or repairs of the baghouse that resulted from the inspection.
(c) The daily pressure drop readings.
[ NR 439.04(1)(d), Wis. Adm. Code]
(EPA note: Excerpt from WIS DOA / Capitol Heat & Power - Issued August 29, 1996. Additional testing and reporting requirements are included in Section E., Testing and Reporting Requirements Applicable to the Entire Facility, and Part II, General Permit Conditions.)

A. S11, B21 - Water Tube Boiler with Traveling Grate Stoker - (Continued)

POLLUTANTa. LIMITATIONSb. COMPLIANCE DEMONSTRATION METHODSc. REFERENCE TEST METHODS, RECORDKEEPING, AND MONITORING REQUIREMENTS
2. Sulfur Dioxide(1) 7.0 pounds per million Btu heat input. This more restrictive sulfur dioxide limitation corresponds the limitation on the sulfur content of the coal of not greater than 0.95 percent by weight. [s. NR 418.03(1)(a), Wis. Adm. Code]

(2) The maximum sulfur content of the coal used may not exceed 0.95 percent by weight. Conditions carried over from U.S. EPA order number EPA-5-88-113A(a)-29, which expired June 9, 1991. [ss. 144.394(3) and 144.393(1)(a), Wis. Stats.]
(1) Compliance emission tests of boiler B21 shall be conducted every 24 months as long as this permit remains valid. Each biennial test shall be performed within 90 days of the anniversary date of the issuance of this permit or within 90 days of an alternate date specified by the Department in writing. These compliance emission tests shall be conducted to demonstrate compliance with the sulfur dioxide emission limit in condition I.A.2.a.(1). This testing shall be conducted while operating at 100% capacity as limited by condition I.A.1.a.(2). This testing shall be conducted in accordance with condition I.F.2.a.(1). Stack testing at operating loads in excess of the load limitation set forth in condition I.A.1.a.(2), shall be approved by the Department in writing prior to testing. [ss. NR 439.07 and NR 439.075(2)(a)2. and (3)(b), Wis. Adm. Code]

(2) To demonstrate compliance status with the sulfur content limitation in condition I.A.2.a.(2), the permittee shall perform coal sampling and analysis according to the quarterly fuel sampling and analysis requirements outlined in conditions I.F.1.a.(1) and (2). [ss. NR 439.085(2)(c) and (d) and NR 407.09(1)(c)1.a., Wis. Adm. Code]
(1) Reference Test Method for Sulfur Dioxide Emissions: Whenever compliance emission testing is required, US EPA Method 6 shall be used to demonstrate compliance. [s. NR 439.06(2)(a), Wis. Adm. Code]

(2) Reference Test Method for the Sulfur Content in Coal: Whenever the sulfur content of a coal sample is required, it shall be determined according to ASTM D3177-89, Standard Test Methods for Total Sulfur in the Analysis Sample of Coal and Coke, or ASTM D4239-93, Standard Test Methods for Sulfur in the Analysis Sample of Coal and Coke Using High Temperature Tube Furnace Combustion Methods. [s. NR 439.08(1)(c), Wis. Adm. Code]

(3) The permittee shall prepare, submit and retain copies of the quarterly fuel sampling and analysis reports required by conditions I.E.1.a.(1) and (2). [ss. NR 439.085(2)(c) and (d), and NR 439.04(1)(d), Wis. Adm. Code]

(EPA note:  Excerpt from WIS DOA / Capitol Heat & Power - Issued August 29, 1996.  Additional testing and reporting requirements are included in Section E., Testing and Reporting Requirements Applicable to the Entire Facility, and Part II, General Permit Conditions.)                                                                              

C. S11, B23 - Industrial Water Tube Type Boiler rated at 104.5 mmBtu/hour - installed 1971

POLLUTANTa.  LIMITATIONSb. COMPLIANCE DEMONSTRATION METHODSc.  REFERENCE TEST METHODS, RECORDKEEPING, AND MONITORING REQUIREMENTS
1. Particulate Matter Emissions(1) 0.60 pounds per million Btu heat input to the stack.  [s. NR 415.06(1)(a), Wis. Adm. Code](1) Natural gas and #2 fuel oil are the only fuels that may be fired in this boiler. Because the maximum theoretical emissions while firing these fuels are less than the allowable limit of 0.60 pounds per million Btu heat input, limiting the types of fuels used is adequate to demonstrate compliance with the particulate matter emission limit. Maximum theoretical particulate matter emissions were calculated using an emission factor of 2.0 pounds per thousand gallons of #2 fuel oil fired from AP-42.  [ss. NR 407.09(1)(c)1.b., Wis. Adm. Code and 144.394(3) and 144.393(1)(a), Wis. Stats.](1) Reference Test Method for Particulate Matter Emissions:  Whenever compliance emission testing is required, US EPA Method 5, including condensible backhalf emissions, shall be used to demonstrate compliance.  [s. NR 439.06(1), Wis. Adm. Code]

(2)  The permittee shall retain on site, plans and specifications of the boiler. These plans and specifications are sufficient because the boilers are designed to only burn natural gas and #2 fuel oil.  [s. NR 439.04(1)(d), Wis. Adm. Code]
2. Sulfur Dioxide





(1) The sulfur content of the #2 fuel oil used may not exceed 0.5 percent by weight.  [s. NR 418.03(1)(c)1., Wis. Adm. Code]


(1)  For each shipment of #2 fuel oil received, the permittee shall require sampling and analysis for the sulfur content of the #2 fuel oil.  [s. NR 407.09(1)(c)1.b., Wis. Adm. Code]



(1) Reference Test Method for Sulfur Dioxide Emissions:  Whenever compliance emission testing is required, US EPA Method 6 shall be used to demonstrate compliance.  [s. NR 439.06(2)(a), Wis. Adm. Code]

(2)  Reference Test Method for Sulfur Content in Liquid Fossil Fuel:  Whenever the sulfur content of a liquid fossil fuel sample is require, it shall be determined according to ASTM D129-91, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), ASTM D1552-90, Standard Test Method for Sulfur in Petroleum Products (High-Temperature Method), or ASTM D4294-90, Standard Test Method for Sulfur in Petroleum Products by Energy-Dispersive X-ray Fluorescence Spectroscopy.  [s. NR 439.08(2)(b), Wis. Adm. Code]

(3)  The permittee shall keep records of the sulfur content in percent by weight of each batch of #2 fuel oil received.  [s. NR 439.04(1)(d), Wis. Adm. Code]




(EPA note: Excerpt from Coating Place - Issued August 14, 1996. Additional testing and reporting requirements are included in Section E., Testing and Reporting Requirements Applicable to the Entire Facility, and Part II, General Permit Conditions.)

B. S12/P33/C01: Units L & M - 12x18" and 18" Wurster Fluid Bed Coating Units; Installed 1982.

POLLUTANTa. LIMITATIONSb. COMPLIANCE DEMONSTRATIONc. REFERENCE TEST METHODS, RECORDKEEPING AND MONITORING
1. Volatile Organic Compounds (VOCs)(1) The usage of volatile Volatile organic compounds are defined as any compound which participates in an atmospheric photochemical reaction. Some chemicals that are not considered volatile and may be used by this facility are: Acetone, Methylene Chloride (Dichloromethane) and Methyl Chloroform (1,1,1-Trichloroethane). Refer to s. NR 400.02(100), Wis. Adm. Code, for a full list. organic compounds may not exceed 52,133 lb/mo from these process lines combined. The facility proposed this alternate limit to avoid offsets by keeping emissions below 46.9 TPY, assuming a minimum control efficiency of 85% overall. The usage limit shall be measured before taking into account control efficiency.
[s. 144.394(7), Wis. Stat.]

(2) Units L & M must meet 85% control of volatile organic compounds. [s. NR 424.03(2)(b), Wis. Adm. Code]
(1) The facility shall operate, calibrate and maintain a continuous temperature monitoring system for the thermal incinerator. [s. NR 439.055(1) and (4), Wis. Adm. Code]

(2) The incinerator shall be in operation at the minimum operating temperature at any time a volatile organic compound is being used at the processes. [s. NR 407.09(1)(a), Wis. Adm. Code.]

(3) The incinerator shall be maintained at a minimum operating temperature of 1400F during operation of any one of the processes under P32 and P33. [s. NR 407.09(1)(c)1.c., Wis. Adm. Code]
(1) Whenever emissions testing is required, USEPA Method 25A shall be used. [s. NR 439.06(3)(a), Wis. Adm. Code]

(2) The facility shall keep records of:
(a) operating temperature of the incinerator on a continuous basis for each day of operation,
(b) start and end time for both incinerator operation and process operations at each unit when emitting volatile organic compounds for each day of operation,
(c) type and amount, in pounds, of each solvent used on each line during each day of operation, and
(d) the monthly volatile organic compound emissions from solvent use at each unit. [s. NR 439.04(1)(d), Wis. Adm. Code]




(EPA note: Excerpt from Oshkosh Architectural Door Company - Issued December 29, 1995. Additional testing and reporting requirements are included in Section G., Testing and Reporting Requirements Applicable to the Entire Facility, and Part II, General Permit Conditions.)

D. Stack, S14; Process, P14; Control, C11 This process represents all the painting and coating operations that occur in the finishing room. The finishing room was constructed in 1986 and is used for applying stain and topcoat to doors. High volume, low pressure (HVLP) spray guns were purchased in 1990 toreplace the previously used air assisted spray guns. Application methods include manual, roll coat applicator, and spray guns.

POLLUTANT(a)LIMITATIONS(b)COMPLIANCE DEMONSTRATION
(c)REFERENCE TEST METHODS,
RECORDKEEPING, & MONITORING REQUIREMENTS
(1) Volatile
Organic
Compounds
(coatings)





1) The permittee shall use coatings that have a VOC content no greater than the following levels, excluding water, as delivered to a coating applicator:
a) 6.9 pounds per gallon through April 30, 1997, and
b) 5.7 pounds per gallon on and after May 1, 1997.
[s. NR 424.03(3), Wis. Adm. Code and s. 144.394(7), Wis. Stats.]

2) The permittee shall apply coatings using only electrostatic application, flow coating, dip coating, low-pressure spray method, paint brush, hand roller or roll coater. [s. NR 424.03(3), Wis. Adm. Code]

3) The permittee may not use more than a specified amount of each type of coating per month. The usage limits are monthly limits averaged over the previous 12 consecutive months. The coating categories and their limits are:
a) lacquer thinner - 297 gallons,
b) primer - 162.5 gallons,
c) sealer - 751.5 gallons,
d) stain - 200 gallons, and
e) topcoat - 3113 gallons.
[s. 144.394(7), Wis. Stats.]

See NOTE 1 below.
1) The permittee shall comply with the surface coating emission limitation in D(1)(a)1) by the application of low solvent content coating technology.
[s. NR 424.03(3), Wis. Adm. Code]

2) The permittee shall use high volume, low pressure (HVLP) spray guns when applying primer, sealer, and topcoat. [s. NR 422.03(3), Wis. Adm. Code and
s. 144.394(3), Wis. Stats.]

3) The permittee shall keep all coating application equipment in proper operating condition. The permittee shall inspect each mechanical coating applicator prior to initial use of the applicator each day the applicator is
used. The permittee shall repair or replace damaged equipment as necessary to ensure that the equipment is operated in compliance with the manufacturer's recommended procedures. [s. 144.394(3), Wis. Stats.]

4) Until sufficient records have been accumulated to establish compliance through the averaging period in D(1)(a)3), compliance shall be determined in the following manner: in the first month of operation, coating usage for each category of coatings may not exceed the corresponding limit in D(1)(a)3). After the second month, the average usage for each coating category shall be determined to be the total gallons used for the last two months divided by 2, not to exceed the corresponding limit in D(1)(a)3). After the third month, the average usage for each coating category shall be determined to be the total gallons used for the last three months divided by 3, not to exceed the corresponding limit in D(1)(a)3). This method of determining the average monthly usage shall be used for the first 12 months of operation. For the 13th month and beyond, the total usage for each coating category for the previous 12 months shall be divided by 12 to obtain the monthly average for that coating category, not to exceed the corresponding limit in D(1)(a)3). [s. 144.394(3), Wis. Stats.]
1) The permittee shall collect and record the following information for each coating line or operation:
a) a unique name or identification number of each coating as applied;
b) the VOC content of each coating, as applied, in units of pounds of VOC per gallon, excluding water.
[s. NR 439.04(4), Wis. Adm. Code]

2) The permittee shall keep Manufacturers Safety Data Sheets (MSDSs) for each coating used in the finishing room. [s. NR 439.04(3), Wis. Adm. Code]

3) The permittee shall keep records of any repairs made to equipment on this process line. [s. NR 439.04(3), Wis. Adm. Code]

4) The permittee shall keep monthly records of the number of gallons of each type of coating used (see D(1)(a)3) for coating categories) and the average usage for each coating category for the previous 12 consecutive months. [s. NR 439.04(1)(d), Wis. Adm. Code]

5) Whenever emission testing is required by the Department, the permittee shall show compliance with the organic compound limit using U.S. EPA Method 18, 24, 24A, 25, 25A, or 25B. [s. NR 439.06(3), Wis. Adm. Code]

NOTE 1: The permittee requested limits on the use of coatings and clean-up solvents to keep potential emissions of VOC's from the facility below 250 tons per year in order to be a minor source under PSD (Prevention of Significant Deterioration).