Download PDFThe National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled:Clarifying the Scope of Applicable Requirements Under State Operating Programs and the Federal Operating Permit Program, 89 Fed. Reg. 1150 (“Proposed Rule”)NACAA describes itself as the:. . . national, nonpartisan, non-profit association of 157 air pollution control agencies in 40 states, including 117 local air agencies, the District of Columbia, and five territories.In describing the proposed rule’s objective, EPA stated it is to:. . . more clearly reflect the EPA’s existing interpretations and policies concerning when and whether “applicable requirements” established in other Clean Air Act . . . programs should be reviewed, modified, and/or implemented through the Title V Operating Permits Program.Congress in 1990 added Title V to the Clean Air Act to assure stationary sources were subject to a comprehensive air permit. The Title V operating permit generally does not impose new substantive air quality control requirements.Title V of the Clean Air Act requires certain stationary sources of air pollutants to obtain operating permits. The Clean Air Act provides that states administer Title V through adopted implementatio

nded for new residential construction. EPA is promulgating this action to mitigate the potential for significant stranded inventory in this subsector. In addition, EPA notes that it is clarifying that residential ice makers are not included in the household refrigerator and freezer subsector under the Technology Transitions Rule and are not subject to the restrictions for that subsector. EPA requests comment on all aspects of the rule. The interim final rule was effective December 26, 2023. Comments are due February 9, 2024.EPA Proposes To Clarify Scope Of “Applicable Requirements” Under State And Federal Operating Permit Programs: EPA proposed on January 9, 2024, to update its Title V operating permit program regulations to reflect more clearly EPA’s existing interpretations and policies concerning when and whether “applicable requirements” established in other Clean Air Act (CAA) programs should be reviewed, modified, and/or implemented through the Title V operating permits program. 89 Fed. Reg. 1150. Specifically, according to EPA, this action clarifies the limited situations in which requirements under the New Source Review (NSR) preconstruction permitting program would be reviewed using EPA’s “unique title V oversight authorities.” Additionally, the proposed rule clarifies that requirements related to an owner or operator’s general duty to prevent accidental releases of hazardous substances are not “applicable requirements” for Title V purposes and are not implemented through Title V. Comments are due March 11, 2024.EPA Will Propose Waste Emissions Charge For Petroleum And Natural Gas Systems: On January 12, 2024, EPA announced that it will propose a regulation to implement the requirements of the CAA as specified in the Methane Emissions Reduction Program of the Inflation Reduction Act. According to the prepublication version of the proposed rule, this program requires EPA to impose and collect an annual charge on methane emissions that exceed specified waste emissions thresho

ficiency of monitoring and related compliance assurance requirements or where the “details” were left to the Title V process.Although EPA claims that a Title V permit cannot create or modify” substantiverequirements, some monitoring requirements can be tantamount to a change in the regulatory requirement.For example, the use of AP-42 flare factors to determine flare compliance (a longstanding engineering determination) relative to complex instrumentation and monitoring is a substantive change to facility operations, requires significant engineering, and can cost millions of dollars to implement.8EPA’s rulemaking will likely shift certain types of objections to Title V permits to other public participation avenues, such as an NSR public hearing contested case process that EPA explicitly recognizes.As we have reported in other articles, navigating the air permitting landscape is tricky for industry, and must be proactively addressed prior to preparing and submitting a permit application.89 Fed. Reg. 1150 (Jan. 9, 2024).See EPA Moves To Codify Narrow Approach To Title V Air Permit Reviews, Inside EPA https://insideepa.com/daily-news/epa-moves-codify-narrow-approach-title-v-air-permit-reviews (last visited Jan. 16, 2024).See id. at 1189.Id. at 1157.Id. at 1153.See, e.g., Objections to Title V Renewal Permit O3785, Env’T. Prot. Agency, https://www.epa.gov/system/files/documents/2022-07/EPA%20Objection%20ITC%20TV%20Renewal%2006302022%20%281%29.pdf (June 30, 2022).See, e.g., Order Responding to Petition No. VI-2021-3, Env’t. Prot. Agency, https://www.epa.gov/system/files/documents/2022-05/Gulf%20Coast%20Growth%20Ventures%20Order_5-12-22.pdf (May 12, 2022).See, e.g.,Response to EPA’s Objection to Proposed Permit No. 3086-V10, Nucor Steel L.A., LLChttps://edms.deq.louisiana.gov/app/doc/view?doc=13994468 (Aug. 16, 2023).[View source.]