Incorporating operational flexibility in Title V operating permits is a difficult and complex process. Issues concerning the development of suitable periodic monitoring for applicable requirements not requiring periodic testing or instrumental or noninstrumental monitoring sufficient to yield reliable data from the relevant time period for compliance purposes and therefore including the mechanisms to make the requirement federally enforceable (practically enforceable) have by themselves slowed the permit issuance process. The Department has worked with facilities to incorporate operational flexibility into the permits which will enable a facility to respond to market demands and also lessen the need to reopen the permits. Types of operational flexibility are the plantwide applicability limit (PAL), emission caps, pollution prevention (P2), and alternate operating scenarios. Addressing minor and major new source review requirements as well as periodic monitoring and practical enforceability issues in conjunction with the different types of operational flexibility requested has proven to be time consuming and requiring forethought from both the facilities and the State. Delaware is comprised of three counties. Two of the counties are designated severe non-attainment for ozone. The third county is designated attainment for ozone but is in the Ozone Transport Region. The state is in attainment for all pollutants. Although all three counties contain many different types of industry that are major and require a Title V operating permit, this paper will center discussion around permitting of industry in New Castle County only (which is designated severe non-attainment for ozone).
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