MACT Standards, Title V Operating Permits, and the Permit Shield

摘要

Where does this leave holders of Title V operating permits? With the scope and complexity of MACT standards, it is quite possibly a rare instance that a facility can rely on its Title V operating permit to contain all applicable MACT obligations. Attempts to actually include every obligation can result in disconnects between facility operations and the requirements of the underlying MACT standard(s), some of which may place the facility in effectively impossible compliance positions. And the uncertain stature of the permit shield provides limited confidence in relying solely on a Title V permit for the MACT conditions. Facilities must generally rely on some combination of their Title V operating permit and the applicable MACT standards themselves.