Requirements For A Facility Once The Title V Permit Is Issued

Once a final Title V permit is issued, it does not need to be renewed until five years from the effective date.

Once a final Title V permit is issued, it does not need to be renewed until five years from the effective date. Facilities must comply with all new periodic monitoring and recordkeeping requirements, and some facilities may be required to comply with more than one version of the same SCAQMD rule.  Also, there are reporting requirements such as deviation (non-compliance) reports, semi-annual monitoring reports and annual compliance certification reports. Each of these new requirements is briefly discussed below.

Periodic Monitoring Requirements

Title V requires additional periodic monitoring for the SIP-approved, federally enforceable rules that do not contain sufficient monitoring requirements to assure compliance with the emission limitations or other requirements. The SCAQMD has developed guidelines for periodic monitoring, testing and recordkeeping requirements that may be incorporated in Title V permits. Click here to download a copy of the SCAQMD Periodic Monitoring Guideline (PDF, 289kb). 


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Deviation and Breakdown Notification

The term deviation is not defined in Part 70.  It is generally understood to mean any failure to comply with a permit term - which may or may not result in a violation.  In absence of a federal definition for deviation, the description on EPA’s reporting form, 6-MONTH MONITORING REPORT, for deviation under Part 71 is used as reference: 

“Deviations from permit terms occur when any permit term is not met, including emission control requirements and compliance assurance methods (monitoring, recordkeeping, and reporting). ...the following are examples of deviations: (1) emissions that exceed an emission limit; (2) parameter value that indicates that an emission limit has not been met; (3) observations or data that show noncompliance with a limitation or other requirement; (4) an exceedance or excursion as defined in 40 CFR part 64 (CAM); (5) required monitoring that is not performed; and (6) failure to submit a report. You also must include deviations from permit terms that occur during startup, shutdown, malfunction, and upset conditions. A deviation is not necessarily a violation; violations will be determined by EPA (or its delegate Agency).”  
[See (PDF) to view the form.] 


Form 500-N – Deviations, Emergencies & Breakdowns (PDF) must be completed and submitted to the SCAQMD Compliance Team  for any deviations from permit or applicable rule requirements. Breakdowns as required by Rule 430 – Breakdown Provisions (PDF) or Rule 2004(i) (PDF) shall also be reported using the same form. Condition 22 of Section K of the Title V permit provides the details of this reporting requirement.

The facility must obtain a notification number from the telephone operator at 1-800-288-7664 (1-800-CUT-SMOG) in complying with conditions 22(A) & (B).  Except for deviations under Condition 22D of Section K, the notification number is required on the Form 500-N (PDF) to reference the reported incident. 


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Semi-Annual Monitoring Reports

Title V facilities that have been issued final permits are required to submit a monitoring report to the SCAQMD Compliance Team every six months. The report includes a statement indicating if all monitoring required by the permit was conducted. Monitoring may include observations, measurements, calculations, sampling and anything else involved with the operation of equipment that is required by the permit to be monitored. Also, the monitoring report must identify all instances of deviations from permit requirements.

In general, these deviations should have been previously reported using the Form 500-N (PDF).  Form 500-SAM - Semi-Annual Monitoring Report (PDF) should be submitted for the monitoring reports to the SCAQMD Compliance Team.  Rule 3004 - Permit Types and Content (PDF) requires the first monitoring report to be submitted by August 31st for the first six calendar months and the second report for the last six calendar months be submitted by February 28th.  This Semi-Annual Monitoring report need not be submitted to EPA. 


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Annual Compliance Certifications

A Title V facility that has been issued final permit is required to certify annually that the facility is in compliance with the conditions of the permit. The first annual compliance certification does not include the period preceding the effective date of the initial Title V permit. 

Facility owners should review pertinent records each year to determine if the facility complied with all permit requirements including emission limits, work practice standards, and monitoring, recordkeeping and reporting requirements. Form 500-ACC - Annual Compliance Certification for Title V (PDF) must be submitted to the SCAQMD Compliance Team and EPA by March 1st. Cycle 2 RECLAIM facilities should however submit the Annual Compliance Certification Form annually at the time the Annual Permit Emissions Program report is due. Listing non-compliant operation on the compliance certification does not protect the facility from possible enforcement. 


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Non-compliant Operations

A Title V facility must submit Form 500-C2 - Non-compliant Operations Report and Compliance Plan (PDF) to the Compliance Team in cases of violations of permit and rule requirements. 

Deviations that are considered violations of the rule and permit requirements must also be reported using Form 500-C2 (PDF) if a notice of violation (NOV) is issued.

A facility that continues to operate in violation of the permit and rule requirements may obtain an Alternative Operating Condition in accordance with Rule 518.2 (PDF). 


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Compliance with Outdated Rules in the State Implementation Plan

SCAQMD rules that have been approved by the EPA into the State Implementation PlanLink to external website. (SIP) [40 CFR Part 52, Subpart F] are considered federally enforceable for the purposes of Title V. However, the amended version of SIP-approved SCAQMD rules may not yet be reflected in the SIP. While SCAQMD awaits SIP-approval of the amended versions of these rules, EPA requires the Title V permit to refer to rule versions that are the most recent but not SIP-approved as well as the ones that are SIP-approved but not the most recent. In the meantime, facilities are required to comply with both versions of the rule.

The most recent rule language is currently in SCAQMD’s Rules and Regulations. It is recommended that Sections IV and V of the latest Form 500-C1 – Title V Compliance Status Report (PDF) be consulted for listing of SCAQMD rules that are SIP-approved rules but are not the most current, and rules that are not SIP-approved.

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