Air Permitting Annual Compliance Certifications and FESOP Annual Reporting in Indiana
By Greg Towler, Wilcox Environmental Engineering
It’s time to start thinking about annual compliance certifications (ACCs) in Indiana. The permit does a good job of describing the permit responsibilities and when to submit the certification, but it never hurts to review the underlying regulations.
326 IAC 2-7-6(5) for Title V sources and 2-8-5(a)(1) for Federally Enforceable State Operating Permit (FESOP) sources describes the submittal frequency submittal content, and to whom they are to be submitted. The certification must identify each permit condition, the method used to determine compliance, whether compliance was intermittent or continuous, and identify deviations and periods of non-compliance. These are required to be submitted either by April 15th or July 1st depending on your county. And for the time being, Title V sources are still required by permit condition to send ACCs to both the Indiana Department of Environmental Management (IDEM), Office of Air Quality (OAQ) and EPA Region 5.
As to who can sign these documents, that depends upon whether you’re a Title V or FESOP Source. Title V sources must have individuals sign that oversee all levels of operations at your site. FESOPs sources are allowed to be signed by properly delegated EHS Managers, HR Directors or Safety Coordinators. (See definitions of Authorized Individual v. Responsible Official at 326 IAC ____)
Some key definitions to help understand this; Continuous Compliance means that you have abided by all requirements of each permit condition for the entire compliance period; Intermittent Compliance means that you are less than 100% in compliance; a Deviation is ANY discrepancy from the permit which can include an Exceedance (pollutant limit related) or an Excursion (parameter range related). Excursions or Exceedances, (as defined in 40 CFR Part 64) are not Deviations when reasonable response steps are taken and recorded.
There has been some consternation over the current IDEM OAQ allowed method of only reporting the conditions that have had deviations. If there is any concern with this allowed method, you may still report compliance with each term and condition on a line by line basis.
The Compliance Period is normally January 1 to December 31 of the reporting year. However, if you have had a permit modification, renewal, or a company merger, during the reporting year, you will need to submit multiple ACCs, one each period under each version of the permit. Make sure that each ACC corresponds with whichever quarterly or semi-annual deviation, NESHAPS and NSPS reports you’ve submitted for that reporting period.
Some sources miss the deadline to submit or incorrectly submit the ACC.If this is you, please see a consultant and/or your attorney.