EPA’s Role in Title V Permit Issuance

Title V Permitting Tutorial

Purpose of Training

  • Understand EPA’s role in Title V permitting
  • Understand EPA’s authority
  • Understand permitting process

EPA’s Authority

  • Oversight of Permitting Authority
    • Section 505 of the CAA (Clean Air Act) as amended in 1990
    • 40 CFR (Code of Federal Regulations) Section 70.8

Permit Issuance Process

  1. Receive permit application
  2. Review permit application
  3. Issue draft permit
  4. Issue proposed permit
    • EPA review proposed permit
  5. Issue final permit

EPA’s Permit Review

  • Try to start review in draft stage
  • EPA has 46 days to review permit
    • Typically follows the 30-day draft comment period
  • It could run "parallel" with 30-day comment period
    • Depends on implementation agreement between EPA and permitting authority
  • Known as "draft/proposed"
  • Implementation agreements establishes targeting of permits
    • Representative sample of all type of sources
    • At least 10% of draft permits

Targeted Review

  • Targeted permits include:
    • 1st source subject to each new source performance standard
    • 1st source subject to each maximum achievable control technology
    • Other sources as requested by EPA or permitting authority

EPA’s Permit Review

  • Review permit for compliance with Part 70
    • Contain all applicable requirements
    • Sufficient monitoring to assure compliance with applicable requirements
    • Permit conditions are practically enforceable

EPA’s Objection

  • Other reasons for objection
    • Failure to provide proper notification to EPA or affected states
    • Failure to provide necessary information for effective permit review
    • Failure to comply with the public participation requirements
  • EPA must object if proposed permit is not in compliance with Part 70
    • Must be made within 45 days of receipt of proposed permit
    • Must contain reasons and actions needed to resolve objection
    • Must be in writing
    • Must copy the applicant
  • Permitting Authority has 90 days to submit a revised permit
  • EPA will issue or deny the permit if:
    • The permitting authority does not submit a revised permit
    • All objection issues are not resolved

Citizen’s Petition

  • Any citizen may petition the EPA to object
    • If EPA does not object within the 45 day review period
    • Must be within 60 days after the expiration of EPA’s 45-day review period
  • Petitions shall be:
    • Based only on objections raised during the public comment period, unless:
      • Petitioner demonstrates it was impractical to raise such objections within comment period; or
      • The grounds for such objections arose after such period
  • EPA has 60 days to grant or deny petition
  • EPA shall issue an objection if the permit is not in compliance with Part 70
  • EPA can deny the petition if permit is in compliance with Part 70
    • Denial of petition is subject to judicial review under Section 307
  • The permitting authority may not issue the permit until EPA’s objection is resolved
  • If permit is issued prior to receipt of EPA’s objection pursuant to a petition
    • Such petition does not postpone the effectiveness of the permit
  • If EPA determines that cause exists, the permit will be:
    • Modified
    • Terminated
    • Revoked; or
    • Reissued
  • The permitting authority and the applicant will be notified in writing
  • Permitting authority has 90 days to respond to EPA
  • EPA has 90 days to review response from the permitting authority
  • Permitting authority has 90 days to resolve any EPA objection
  • EPA will take necessary action:
    • If permitting authority fails to respond or resolve any objection
    • Will provide a 30-day written notice of action
    • Will provide the applicant an opportunity to comment
    • Will provide the applicant an opportunity for a hearing regarding action


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