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Title: Negotiating Title V and non-Title V permits

Abstract

The Title V Operating Permits program has been extended over many more years than originally anticipated when the 1990 Clean Air Act Amendments were first legislated. In fact, the regulatory program is still being refined even as facilities complete and submit their Title V permit applications. Likewise, it is clear that the agency review of the Title V permit applications will probably take considerably longer than originally anticipated. Finally, when the agency does complete the review, it is equally clear that there will need to be a significant amount of negotiating on the part of the facility to arrive at a simplified permit that is operationally feasible. This paper presents a number of suggestions for what the facility should be doing between the time the permit application is first submitted and the agency responds with a draft permit. The suggestions are designed to help simplify the permit and enhance flexibility. In addition, the paper presents permit negotiating techniques and points out the pitfalls that will be encountered if the facility does not take action prior to receiving the draft Title V permit. This paper suggests that the facility should internally evaluate how the permit application impacts facility operations prior tomore » the agency doing so. It also suggests that the facility should contact the agency early and amend the permit application to take advantage of increasing regulatory flexibility. By taking these steps, and properly negotiating the permit terms and conditions; the facility will achieve a much better permit, and will hopefully be able to avoid the regulatory burdens and delays associated with re-opening the permit during the next 5 to 8 years (from the time of permit application submittal).« less

Authors:
 [1];  [2]
  1. Kleinfelder, Inc., Parker, CO (United States)
  2. Kleinfelder, Inc., Pleasanton, CA (United States)
Publication Date:
OSTI Identifier:
679343
Report Number(s):
CONF-980632-
TRN: IM9940%%162
Resource Type:
Conference
Resource Relation:
Conference: 91. annual meeting and exhibition of the Air and Waste Management Association, San Diego, CA (United States), 14-18 Jun 1998; Other Information: PBD: 1998; Related Information: Is Part Of Proceedings of the 91. annual meeting and exhibition. Bridging international boundaries: Clean production for environmental stewardship; PB: [5000] p.
Country of Publication:
United States
Language:
English
Subject:
54 ENVIRONMENTAL SCIENCES; 29 ENERGY PLANNING AND POLICY; CLEAN AIR ACTS; LICENSE APPLICATIONS; AIR POLLUTION ABATEMENT; NEGOTIATION

Citation Formats

Erbes, R.E., and MacDougall, C.R. Negotiating Title V and non-Title V permits. United States: N. p., 1998. Web.
Erbes, R.E., & MacDougall, C.R. Negotiating Title V and non-Title V permits. United States.
Erbes, R.E., and MacDougall, C.R. Thu . "Negotiating Title V and non-Title V permits". United States. doi:.
@article{osti_679343,
title = {Negotiating Title V and non-Title V permits},
author = {Erbes, R.E. and MacDougall, C.R.},
abstractNote = {The Title V Operating Permits program has been extended over many more years than originally anticipated when the 1990 Clean Air Act Amendments were first legislated. In fact, the regulatory program is still being refined even as facilities complete and submit their Title V permit applications. Likewise, it is clear that the agency review of the Title V permit applications will probably take considerably longer than originally anticipated. Finally, when the agency does complete the review, it is equally clear that there will need to be a significant amount of negotiating on the part of the facility to arrive at a simplified permit that is operationally feasible. This paper presents a number of suggestions for what the facility should be doing between the time the permit application is first submitted and the agency responds with a draft permit. The suggestions are designed to help simplify the permit and enhance flexibility. In addition, the paper presents permit negotiating techniques and points out the pitfalls that will be encountered if the facility does not take action prior to receiving the draft Title V permit. This paper suggests that the facility should internally evaluate how the permit application impacts facility operations prior to the agency doing so. It also suggests that the facility should contact the agency early and amend the permit application to take advantage of increasing regulatory flexibility. By taking these steps, and properly negotiating the permit terms and conditions; the facility will achieve a much better permit, and will hopefully be able to avoid the regulatory burdens and delays associated with re-opening the permit during the next 5 to 8 years (from the time of permit application submittal).},
doi = {},
journal = {},
number = ,
volume = ,
place = {United States},
year = {Thu Dec 31 00:00:00 EST 1998},
month = {Thu Dec 31 00:00:00 EST 1998}
}

Conference:
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  • Title V of the Federal Clean Air Act Amendments of 1990 requires federal operating permits for all major sources of air pollution. In 1992, Title 40, Part 70 of the Code of Federal Regulations (40 CFR Part 70) codified the law s requirements. These federal regulations, entitled Operating Permit Program, define the minimum requirements for state administered operating permit programs. The intent of Title V is to put into one document all requirements of an operating permit. General Permits for oil and gas facilities may be preferred if the facility can comply with all permit requirements. If greater flexibility thanmore » allowed by the General Permit is required, then the facility should apply for an individual Title V permit. General Permits are designed to streamline the permitting process, shorten the time it takes to obtain approval for initial and modified permits. The advantages of the General Permit include reduced paperwork and greater consistency because the permits are standardized. There should be less uncertainty because permit requirements will be known at the time of application. Approval times for Initial and modified General Permits should be reduced. Lengthy public notice procedures (and possible hearings) will be required for only the initial approval of the General Permit and not for each applicant to the permit. A disadvantage of General Permits is reduced flexibility since the facility must comply with the requirements of a standardized permit.« less
  • The Clean Air Act Amendments of 1990, allow non-utility SO{sub 2} and small utility sources to opt-in to the SO{sub 2} allowance trading system. Although the regulations are not final, the general approach is available for planning. The essence of this part of the program is to give industrial sources an incentive to reduce their SO{sub 2} emissions and thus have excess allowances that can be sold to excess emitters of SO{sub 2}. This program defines the sources that may be designated, specify the emissions limitations; specifies the operating emissions baseline; prescribes monitoring requirements; promulgates permit, reporting and other requirementsmore » necessary to implement the program.« less
  • Titles IV and V of the Clean Air Act Amendments of 1990 (Act or CAA) created two new stationary source permitting programs, one specific to acid rain (Title IV), and a second for operating permits in general (Title V). The Phase 2 portion of the acid rain program was designed to be implemented through the Title V operating permit program, thereby subjecting all Phase 2 acid rain sources to the requirements of Title V. Permits issued pursuant to Phase 2 of the acid rain program will be viewed as a self-contained portion of the Title V operating permit and willmore » be governed by regulations promulgated under both Title IV and Title V. The requirements imposed by Title IV may not always be consistent with the broader operating permit program requirements of Title V, and when inconsistency occurs, the acid rain requirements will take precedence. This nonalignment will perhaps be most apparent during two stages of initial permitting: (1) the transition period following Title V program approval when permit application, issuance, and effective dates differ between the two programs, and (2) at the point when acid rain permits must be reopened to incorporate Phase 2 NO{sub x} requirements. This paper explores strategies for streamlining implementation of the two programs with particular focus on these two coordination issues.« less
  • Now that most states have interim or full approval of the portions of their state implementation plans (SIPs) implementing Title V (40 CFR Part 70) of the Clean Air Act Amendments (CAAA), most sources which require a Title V permit have submitted or are well on the way to submitting a Title V operating permit application. Numerous hours have been spent preparing applications to ensure the administrative completeness of the application and operational flexibility for the facility. Although much time and effort has been spent on Title V permit applications, the operating permit itself is the final goal. This papermore » outlines the major Federal requirements for Title V permits as given in the CAAA at 40 CFR 70.6, Permit Content. These Federal requirements and how they will effect final Title V permits and facilities will be discussed. This paper will provide information concerning the Federal requirements for Title V permits and suggestions on how to negotiate a Title V permit to maximize operational flexibility and minimize enforcement liability.« less
  • The Air Force Command Core System (CCS) is an integrated, activity-based risk management system designed to support the information needs of Environment, Safety, and Occupational Health (ESOH) professionals. These professionals are responsible for managing a complex and often dynamic set of requirements, and therefore, have a need for an information system that can readily be customized to meet their specific needs. This dynamic environment also drives the need for flexibility in the system. The Air Program Information Management System (APIMS) is a module within CCS designed to not only manage permit compliance and emission inventories, but also support the monitoring,more » recordkeeping, and reporting requirements related to air quality issues. This paper will describe the underlying foundation of CCS, the information linkages within the database, and then summarize the functionality available within the APIMS module to support the Air Quality Managers' information needs, placing emphasis on the flexibility the system provides to manage Title V Operating Permits.« less