RECENT EPA AIR MEMORANDA AND POLICY CHANGES

摘要

1. EPA may object to a proposed Title V permit -EPA has 45 days from receipt of proposed permit, 40 CFR 70.8(c) -Any person may petition EPA within 60 days of expiration of EPA's 45 days, 40 CFR 70.8(d) EPA must object "if petitioner demonstrates ... that the permit is not in compliance with the requirements" of CAA, 42 USCA 766id(b)(2) -Widely used by NGOs/EPA to 'override' state decisions and review prior preconstruction permit decisions 2. PacifiCorp Energy, October 16, 2017 (82 Fed. Reg. 58196, Dec. n, 2017) -Title V permitting process is not the appropriate forum to review prior preconstruction permitting decisions -Incorporate terms and conditions of final preconstruction permit as "applicable requirements" without further review of whether those conditions were properly derived or whether a different type of permit was required for the same construction activity EPA will limit its review to whether the Title V permit: -Has accurately incorporated "applicable requirements" and -Includes adequate monitoring, recordkeeping, and reporting requirements to assure compliance with the terms and conditions of the preconstruction permit Will not review prior PSD Program decisions that are incorporated into a Title V permit.