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CAA Title V Regulatory Requirements
Malcolm C. Weiss, Esq.(310) 712-6822
[email protected], Mangels, Butler & Marmaro LLP
February 28, 20063323622 v3
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Your Rights Under CAA Title V
MAJOR GOALS/CONSIDERATIONS Gain clarity in requirements Avoid conflicting requirements Streamline permit Maximize operational flexibility
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Your Rights Under CAA Title V (Cont.)
MAJOR PROGRAM ELEMENTS
Public notice and comment No tighter emission standards 5 year term (renewal) Greater MR&R obligations Certification requirements
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Title V Permits Issued
California 58 %
12/31/01
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Title V Permits Issued12/31/03
California >81 %
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SCAQMD 78 %
Title V Permits Issued
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Title V PermitsBring It All Together
Relevant emission limits NSR & PSD (CAA § 110) NSPS (CAA § 111) HAPs (CAA § 112) Monitoring, reporting and record keeping Compliance plan and schedule
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Applicability in SoCAB8 tpy VOC
8 tpy NOx
80 tpy SOx
40 tpy CO
56 tpy PM10
8 tpy Single HAP
20 tpy Combo HAP
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Attaining YourPermitting Goals
Practical considerations
Administrative considerations
Legal considerations
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Attaining Your GoalsPractical Considerations
Public Participation Draft permit open for public review Public comments due within 30 days
Hearing may be requested
EPA comments due within 45 days District weighs comments Permit may issue after comments
considered
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Sample Public Notice
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Attaining Your GoalsPractical Considerations
Open a dialogue with the District Meet with District prior to draft permit
issuing Check on public comments Assist District in responding to
comments Open EPA dialogue, as needed
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Attaining Your GoalsAdmin. / Legal Considerations
Public or applicant can challenge issuance of permit to District Hearing Board (30 days)
Public or applicant can challenge issuance of permit to EPA (60 days)
After administrative remedies are exhausted, public or applicant may file suit (90 days)
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Simplifies Enforcement Since It Is All Together
Clears ambiguities between State and federal requirements
Enhances monitoring and reporting requirements
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Permit Shield If
Permittee requests and is granted shield status Permit states that shield applies Identifies applicable and non-applicable
provisions Then
Compliance with permit =s compliance with the CAA’s applicable requirements
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Permit Streamlining Existing requirements may be
redundant or conflicting Multiple existing applicable
requirements may be streamlined into a single set of requirements
Permit terms and conditions must assure compliance
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Permit Streamlining (Cont.)
Recognizes that some requirements may be subsumed under streamlined requirements
Compliance with the streamlined provision is considered compliance with the subsumed requirements
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ARB’s Rules Log Databasehttp://www.arb.ca.gov/rldb/rldb.htm
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EPA White Paper #3Draft 08/07/00
Design of Flexible Air Permits Allows specified future operational
changes without permit revision Facilitates opportunities to comply in
smarter more efficient ways
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Title V Permitting Flexibility
Where are my rights/obligations
listed?
Local districtprogram rules
Local districtregulations
EPA guidancedocuments
Federal Regs(40 CFR, Part 70)
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Key Components for Flexibility
Incorporate anticipated future changes Must describe changes to be advance
approved Requires advance notice before
operational change MR&R flexible permit must include
necessary additional data collection requirements
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Key Components for Flexibility (Cont)
Examples Consider
Emissions limit rather than VOC content of coatings
Monthly emissions limit rather than Btu input per hour
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Your Rights Under Title V
MAJOR GOALS
Streamline permit Gain clarity in requirements Avoid conflicting requirements Maximize operational flexibility
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CAA Title V Regulatory Requirements
Malcolm C. Weiss, Esq.(310) 712-6822
[email protected], Mangels, Butler & Marmaro LLP
February 28, 2006
3323622 v3