TCEQ Issues New Title V Deviation Reporting and Counting Guidance

Beveridge & Diamond, P.C. - Texas Environmental Update, July 2007

In response to several questions posed by Flint Hills Resources, Inc., the Texas Commission on Environmental Quality issued guidance this month clarifying various Title V deviation reporting  and counting questions. Key highlights include:

1. A deviation does not occur if defective equipment is repaired within the repair timeframes set forth in a rule.
   
2. Where there are both state and federal monitoring standards that apply to a single valve (e.g., a SIP rule and a NSPS rule), failure to monitor that valve will count as two deviations.  For this same event, however, a separate deviation does not need to be reported for missed monitoring records;  the recordkeeping provisions would need to be cited in the deviation report, however.
   
3. Only those deviations that occur during a reporting period must be reported. Deviations associated with compliance issues that occurred before the reporting period do not need to be included.
   
4. CEMS downtime need not be counted as a deviation provided it does not exceed the downtime CEMS data averaging allowed in the rule.

To see a copy of the guidance, please click here.

For a printable PDF of this article, please click here.