Utilizing Compliance Management Tools to Simplify the Title V Compliance Certification Process
One of the primary objectives of the Title V operating program established by the 1990 Clean Air Act Amendments (CAAA) in 40 CFR Part 70 is to assimilate in one document all of the requirements to which a facility is subject. Through certification provisions, a Title V Permit serves as the primary verification and documentation of a facility’s compliance with all applicable requirements of the Clean Air Act (CAA). At a minimum, Title V facilities must annually certify compliance with the permit terms and conditions. This process is labor-intensive and places significant pressure on not only the environmental staff with daily responsibility for tracking compliance, but also on the “Responsible Official.” The Responsible Official is the signing authority for the Title V permit application and, subsequent to permit issuance, all Title V compliance reports. Per Title V, this person must be a corporate executive, plant general manager, or a designated representative (delegation is only allowable following formal approval by the permitting authority). The Responsible Official likely has very little exposure on a daily basis to the facility’s environmental performance. Prior to a certification deadline, however, this person must review and sign the signature block of a certification containing legalistic language, including explicit references to civil and criminal penalties for providing false or misleading information. In addition, environmental staff that relegated day-to-day compliance activities to other individuals must prepare the contents of the certification. The responsible official ultimately has to decide what level of time to personally commit to the certification and how best to review and finalize its contents.