EPA Should Conduct More Oversight of Synthetic-Minor-Source Permitting to Assure Permits Adhere to EPA Guidance

View Report

Date Issued

Thursday, July 8, 2021

Submitting OIG

Environmental Protection Agency OIG

Agencies Reviewed/Investigated

Environmental Protection Agency

Report Number

21-P-0175

Report Description

Without clear and enforceable limitations in synthetic-minor-source permits, facilities may emit excess pollution that would otherwise subject them to the more stringent requirements of the Clean Air Act major-source permitting programs.

Report Type

Audit

Location

CO
United States

OK
United States

Number of Recommendations

Questioned Costs

Funds for Better Use

Report updated under NDAA 5274

Additional Details

https://www.epa.gov/office-inspector-general/report-epa-should-conduct-more-ove…

Open Recommendations

This report has 5 open recommendations.

Recommendation Number	Significant Recommendation	Recommended Questioned Costs	Recommended Funds for Better Use
1	No	$0	$0
Update Agency guidance on practical enforceability to more clearly describe how the technical accuracy of a permit limit should be supported and documented. In updating such guidance, the Office of Air and Radiation should consult and collaborate with the Office of Enforcement and Compliance Assurance, the Office of General Counsel, and the EPA regions.
2	No	$0	$0
In consultation with the EPA regions, develop and implement an oversight plan to include: a. An initial review of a sample of synthetic-minor-source permits in different industries that are issued by state, local, and tribal agencies to assess whether the permits adhere to EPA guidance on practical enforceability, including limits that are technically accurate; have appropriate time periods; and include sufficient monitoring, record-keeping, and reporting requirements. b. A periodic review of a sample of synthetic-minor-source permits to occur, at a minimum, once every five years. c. Procedures to resolve any permitting deficiencies identified during the initial and periodic reviews.
3	No	$0	$0
Assess recent EPA studies of enclosed combustion device performance and compliance monitoring and other relevant Air and Radiation information during the next statutorily required review of 40 C.F.R Part 60 Subparts OOOO and OOOOa to determine whether revisions are needed to monitoring, record-keeping, and reporting requirements for enclosed combustion devices to assure continuous compliance with associated limits, and revise the regulatory requirements as appropriate.
4	No	$0	$0
Revise the Agency's guidance to communicate its key expectations for synthetic-minor-source permitting to state and Air and Radiation local agencies.
5	No	$0	$0
Identify all state, local, and tribal agencies in which Clean Air Act permit program implementation fails to adhere to the public Air and Radiation participation requirements for synthetic-minor-source permit issuance and take appropriate steps to assure the identified states adhere to the public participation requirements.