EPA Approves Flexible Air Permitting

Anne Blankenship, my colleague at Robinson & McElwee, reports that EPA recently approved a final rule that will allow more flexible air permits for major sources of air pollutants. This would include permits for large facilities like chemical plants, steel mills, power plants, etc. which are referred to as Title V permits. They are a compilation of all the air emissions limits that apply at the facility, and all the ways that compliance with the limits will be monitored. Changes to those limits or the monitoring methods usually have to be done through a permit modification, which can take time and money. More importantly, the time required for permit modifications can prevent a business from quickly taking advantage of favorable market conditions to produce a new product. Flexible air permits allow businesses to anticipate future changes in operating conditions (perhaps switching from one chemical to another in a manufacturing process, or the installation of a new boiler or engine) without modifying a permit. The changes are, in effect, approved up front when the permit is issued.

West Virginia already allows some alternative operating scenarios to be established in Title V air permits, but this final rule promises to push that concept a little farther along. As you might expect, the restrictions on flexible air permits are pretty complex, particularly as they pertain to new source review. If you're interested in learning more, this fact sheet explaining the changes might be helpful.