Permitting & Enforcement Committee MeetingSeptember 14, 2010
Permitting and Enforcement CommitteeFINAL
When: September14, 2010
9:30 a.m. - 1:00 p.m.
Where:Central Office, Columbus
Conference Room C
Facilitator:Jim Braun, Co-Chair
Minutes:Jenny Avellana
Time / Topic / Lead /Involvement / Actions Needed
9:30
10:00 / Enforcement
New items?
Revised EAR form
Asbestos EAR form
Fire Department Open Burning question / Orlemann
Orlemann
Orlemann
HAMCO / General update.
Final form distributed on 8/3/2010.
Keep using the asbestos form.
See question below from HAMCO.
10:00
10:30 / Permitting
New items?
Proposed Potential to Emit Guidance
Area source MACT & GACT
Portable source question
Modeling question. / Hopkins
CDO
Hopkins
SEDO
SEDO / General update
Revise based on comments received.
Final guidance distributed on 8/5/2010.
See question below from SEDO.
See question below from SEDO.
10:30
11:00 / Permit Issuance and Data Management
New items?
File Review Work Group
Title V Renewal guidance
Question on PTI/PTIO application regarding BAT. / Ahern
Ahern
Ahern
Canton / General update.
Ready to finalize?
Final guidance distributed on 7/14/2010.
See question below from Canton.
11:00
11:15 / Break / everyone / Relax & Stretch
11:15
11:30 / New Rules and SIP Update
New items? / Paul Braun / General update.
11:30
11:45 / Terms and Conditions and Policy Distribution
New items? / Suttman / General update.
11:45
12:00 / Engineering Guide Revisions
#6 - PTI for Coal to Oil Conversion / Cleveland / Misty to revisit the changes for this guide.
#18 - SO2 Compliance Determination Methods for Boilers / Toledo / Draft almost ready for review. Check that SO2 SIP rules have been approved.
#20 - Determination of Compliance with Visible Emission Limitations for Stack Source / Akron / update on progress
#23 - Determination of Significant Figures for TSP Emission Limitations / SEDO / Comments received and making revisions.
#24 - Application of Fugitive Dust Requirements to Affected Facilities / Toledo / update on progress
#25 - Determination of Source Nos. and Permit/Variance Fees for Fugitive Dust Sources / Cleveland / Final issued July 9, 2010.
#26 - Inclusion of Weight of Water in the Weight of "Refuse" Charged for Incinerators / NEDO / Submit comments by 2/15/10. No comments received.
#29 - Applicability of the PTI Rules to Increases in Capacity of a Derated Boiler / CDO / update on progress
#34 - Conditions for Issuance of PTI/PTO for an Inactive Source / RAPCA / STARS2 webex discussion with Erica – need to define “shutdown”. Ready for September meeting.
#37 – Whether or Not Product Separation/Recovery Equipment Constitute Control Equipment / Cleveland / Final issued August 11, 2010.
#53 - Interpretation of Open Burning Standards / Dewulf / JO / LB / Rule was appealed with hearing in February 2007.
#70 - Guidance on Evaluating Emissions of Toxic Air Pollution Compounds when Processing Permit-to-Install (PTI) Applications. / Hopkins / Hopkins review comments.
#74 – Stack testing for PM2.5 / Hall / FR for PM2.5 effective. Need to address test protocol for condensables and the Hopkins NSR guidance.
#XX – Emission unit ID designations / Ben Cirker / Draft ready by September meeting.
#XX – Crushers NSPS Subpart OOO / Hopkins / Hopkins review comments and address recent changes to subpart OOO.
12:00
12:15 / General Permit & Permit By Rule development
Create new GPs and PBRs
Crematories - Cleveland / Sarah VanderWielen to review mercury modelingMarch 2010.
Tub Grinders - CDO / Provide status update.
Aggregate Processing – CO / Mike Hopkins review. CDO issue of replacing a component, does that need a PTIO?
12:15
12:30 / Training
Title V training manual
Training for reviewing stack test report / Braun
Braun / General update.
Training is scheduled for November 12, 2010. Tentative start time is 10:00 a.m.
12:30
12:45 / New items
New items to discuss? / All / New items?
Pending Action Items suggested by P&E Committee / Date Action Completed
1. Suttman landfill guidance document. / Per 1/12/10 meeting, received comments on draft guidance and working with Solid Waste to finalize. Bob Hodanbosi comments – will revise per regulation.
Next meeting: November9, 2010
HAMCO Question Concerning the Open Burning Rules
For fire training by fire departments, OAC rule 3745-19-03(D)(2) and OAC rule 3745-19-04(C)(2) references the National Fire Protection Association’s Guidelines Section 1403 (Standard on Live Fire Training). If fire departments are going to burn a structure, do the open burning regulations require them to follow these guidelines? If so, if a fire department does not follow these guidelines, then do we have to send them a notice of violation?
This issue came up because a local fire department’s Union filed a complaint with our agency stating that their Department was not following the NFPA 1403 guidelines referenced in the open burning rules.
The NFPA Guidelines Section 1403 is only a guideline and not a rule. This guideline involves safety requirements for burning acquired structures. Would we be expected to determine compliance with all the requirements in this NFPA guideline?
The complainant is stating that since they did not follow the firefighter safety requirements in the NFPA 1403, they are also violating the open burning rules [OAC rule 3745-19-03(D)(2)].
From: Lee Burkleca [mailto:
Sent: Friday, August 13, 2010 9:15 AM
To: Jim Orlemann; Mike Ahern; Tom Kalman
Cc: Braun, Jim; Paul Braun; Brad Miller; Mike Fair
Subject: Re: Fwd: FW: Question on Open Burning for the P&E Meeting
The reference to this standard for fire trainingwas added during the last five year review (like 5 years ago).Recalling discussions between Tom K.and myself,the purpose was to minimize the open burning of structures by fire dept.s that may be "questionable" as far as being classified as"legitimate" fire training. Many of the districts open burning contacts indicated they were wondering the training value of burning down houses you could not enter..other than "testing hose nozzles" at the end of the burn???....i.e., was it fire training or waste disposal....especially with some the volunteer type operations.
Anyway the thought was if linking this in our rule, to have a structure thatmet these standards would help to minimize the above...... we are not primarilyconcerned with the safety aspects as the State Fire marshal is, so it the intent was not forOhio EPAto use it to deny requests to open burn...if its a violation of the State Fire marshal's regs then that's a problem they would need to handle outside of our regs...... at least that's how I see it.
During the pending 5 year review we could modify that section as necessary or come up with some definition for what constitutes "legitimate" fire training...if that's possible.
Canton Question Concerning the PTIO application
From: Carl Safreed [mailto:
Sent: Friday, August 20, 2010 9:46 AM
To: Braun, Jim
Cc:Dzienis, Terri; Hall, Andrew
Subject: Topic for Sept 14 P&E Meeting
Jim,
I would like to suggest a topic for the next P&E meeting about the need to correct the PTI/PTIO application form and the corresponding instructions regarding the 10 tons per year BAT language.Section II, Item 4 is currently incorrect (per Feb 2, 2010 court ruling) because it is still telling applicants that BAT is only required formore than 10 tpy. This has caused confusion for several minor PTIO applicants that I've worked with this year. I'm hoping that it wouldn't be too difficult to revise the forms and replace the current versions (bothWord and pdf) that are available for download from the DAPC website.
From current PTI/PTIO Application Form, Section II:
4.Best Available Technology (BAT) - For each pollutant for which the Requested Allowable in the above table exceeds 10 tons per year, BAT, as defined in OAC 3745-31-01, is required. Describe what has been selected as BAT and the basis for the selection: ______
From the current instructions:
Best Available Technology (BAT)
Air contaminant sources installed or modified prior to August 3, 2006 or which emit greater than 10 tons per year of any pollutant are required to employ BAT. This applies to each pollutant with a potential to emit (PTE) of 10 tons per year or more, unless permit restrictions are accepted (see question #8f) to ensure actual emissions remain below this level. If applicable, identify each subject pollutant and describe the strategy for minimizing emissions of that pollutant.
Thanks,
Carl
SEDO Questions Concerning Portables and Modeling
- Inspection of portable facilities that are included in our SMTV/TV grant commitments, including inter-district roles,responsibilities, and interaction for portables located outside the permitted DO.
- Whether or not it is possible to get a standardized form for the Central Office modeler to fill out when permit modeling review is completed. This would better document these reviews and could be uploaded directly as an attachment to STARS2 by the modeler.
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