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CAA Title V Regulatory Requirements

Malcolm C. Weiss, Esq.(310) 712-6822

mweiss@jmbm.comJeffer, 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

mweiss@jmbm.comJeffer, Mangels, Butler & Marmaro LLP

February 28, 2006

3323622 v3