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Title: Develop an effective Title V operating permit

Abstract

Under Title V of the 1990 Clean Air Act Amendments (CAAA), thousands of industrial and government facilities are required to apply for a comprehensive operating permit that addresses all the emission sources at a site and the CAA regulations that apply to them. The new permitting requirements apply to major sources only--although there are several definitions of a major source under the Amended Act. Because Title V applicability is based on potential to emit (PTE) rather than actual emissions, even small and medium sources may initially be subject to this program. Unlike other regulations, Title V puts the burden of demonstrating continuous compliance on source owners and operators. Careful attention to detail is necessary during the application process because the Title V permit is inherently an enforcement fool for the EPA and the general public. Noncompliance can lead to citizen suits and fines up to $25,000 per day. Therefore, it is critical to negotiate an operating permit that does not adversely impact current operations yet provides flexibility for future modifications. Each state and local agency has its own application forms and regulatory interpretations. Areas of complexity include the classification of emission units, the approach for the PTE calculation, the separationmore » of federal and state-enforceable requirements, and the relationship between Title V and other CAAA titles. This article summarizes some lessons learned based upon experiences in various states. (It does not attempt to resolve program uncertainties among jurisdictions.) The practical strategies presented can be used for developing (or modifying) Title V applications as well as during permit negotiations.« less

Authors:
Publication Date:
OSTI Identifier:
438875
Resource Type:
Journal Article
Resource Relation:
Journal Name: Chemical Engineering Progress; Journal Volume: 93; Journal Issue: 1; Other Information: PBD: Jan 1997
Country of Publication:
United States
Language:
English
Subject:
29 ENERGY PLANNING AND POLICY; CLEAN AIR ACTS; LICENSE APPLICATIONS; COMPLIANCE; AIR POLLUTION MONITORING; RECOMMENDATIONS

Citation Formats

Chadha, N. Develop an effective Title V operating permit. United States: N. p., 1997. Web.
Chadha, N. Develop an effective Title V operating permit. United States.
Chadha, N. Wed . "Develop an effective Title V operating permit". United States. doi:.
@article{osti_438875,
title = {Develop an effective Title V operating permit},
author = {Chadha, N.},
abstractNote = {Under Title V of the 1990 Clean Air Act Amendments (CAAA), thousands of industrial and government facilities are required to apply for a comprehensive operating permit that addresses all the emission sources at a site and the CAA regulations that apply to them. The new permitting requirements apply to major sources only--although there are several definitions of a major source under the Amended Act. Because Title V applicability is based on potential to emit (PTE) rather than actual emissions, even small and medium sources may initially be subject to this program. Unlike other regulations, Title V puts the burden of demonstrating continuous compliance on source owners and operators. Careful attention to detail is necessary during the application process because the Title V permit is inherently an enforcement fool for the EPA and the general public. Noncompliance can lead to citizen suits and fines up to $25,000 per day. Therefore, it is critical to negotiate an operating permit that does not adversely impact current operations yet provides flexibility for future modifications. Each state and local agency has its own application forms and regulatory interpretations. Areas of complexity include the classification of emission units, the approach for the PTE calculation, the separation of federal and state-enforceable requirements, and the relationship between Title V and other CAAA titles. This article summarizes some lessons learned based upon experiences in various states. (It does not attempt to resolve program uncertainties among jurisdictions.) The practical strategies presented can be used for developing (or modifying) Title V applications as well as during permit negotiations.},
doi = {},
journal = {Chemical Engineering Progress},
number = 1,
volume = 93,
place = {United States},
year = {Wed Jan 01 00:00:00 EST 1997},
month = {Wed Jan 01 00:00:00 EST 1997}
}
  • The CAA amendments contain 11 new and amended titles, including enhanced non-attainment area provisions, additional conditions for controlling hazardous air pollutants, expanded monitoring and record keeping requirements, and increased enforcement authority. The cornerstone of the regulation is the operating permits program (Title V). In the past, permits have been issued to construct or modify sources, and some sources have been permitted in states with operating permit programs. Such programs will remain in effect. However, under the new CAA, most emissions sources will be required to have an operating permit. Title V's permit provision initially affects about 34,000 major facilities andmore » may affect another 350,000 smaller sources in the future. The amendments also increase the number of regulated pollutants from 21 to about 200. Operating permits limit emissions from manufacturing operations, and place further restrictions on raw materials and products.« less
  • The establishment of an operating permit program for air pollution sources represents the most significant procedural change to the Clean Air Act (CAA) in the 1990 amendments. The new operating permit Title V will drastically alter the way many companies comply with the CAA and will also lead to an increase in enforcement activity by EPA and states. This article summarizes the overall structure of Title V and EPA`s regulations, without attempting to cover every detail. Generally, where the regulations add little to the corresponding statuary provisions, the statute is cited. Otherwise, citations are to EPA`s part 70 operating permitmore » regulations.« less
  • Now that some state regulatory agencies are reviewing Title V permit applications and issuing permits, evaluation of the process can be made in comparison with the original goals of the Title V permitting program. In addition, assessment of the terms and conditions that are being incorporated into permits, the nature of draft permits that are issued to facilities for comment, and the extent and type of negotiation that have been conducted with agencies to develop successful Title V permits, will be helpful for facilities that are currently undergoing application review. In working with a Fortune 500 surface coating company, fourteenmore » Title V permit applications were developed and submitted for plants located in Maryland, Pennsylvania, Ohio, New Jersey, Illinois, Georgia, West Virginia, Wisconsin, Indiana and southern California. Draft permits have been issued for several of the plants, and differences in the terms and conditions, testing requirements, and permit format and structure have been noted between states. One of the issued permits required modification, and the process was one of the first for this state agency.« less
  • This article describes the main objectives of the Clean Air Act and EPA`s part 70 implementing regulations and the concerns of the states about adopting operating permit programs to carry out the new Title V. Hope for successful state implementation exists if the states keep the main objectives of Title V in mind and exercise the options EPA has provided in the final part 70 regulations sensibly. Topics covered include the following: essential purposes of Title V; basic state options; specific state options; and sanctions.
  • The Clean Air Act Amendments of 1990 will place a significant burden on new and existing air-emission sources across the country. Perhaps the most significant will be the need to prepare, submit, review and comply with the Title V operating permit requirements. Many states are currently developing requirements to implement the EPA rules promulgated last summer. Some states, like Alaska, will still need to obtain legislative authority to carry out the program. The CAAA will require nearly all major sources of air emissions to apply for and obtain permits, major sources being those emitting 100 tons of criteria pollutants -more » e.g., volatile organic compounds - annually. In heavily polluted areas, the definition employs even greater restrictions (less than 100 tons per year). Permits are also required for those sources subject to the Federal New Source Performance Standard program and those regulated by the National Emissions Standards for Hazardous Air Pollutants program. Sources covered under Title III of the CAAA that emit 10 tons or more annually of a compound, or 25 tons combined, are also included in the permit program. Annual permit fees, designed to cover the direct and indirect costs of operating the air program, will start from $25 per ton of all regulated pollutants except carbon monoxide.« less