The Effect of Emissions Information Changes on Permits and Enforcement

摘要

As the Clean Air Act Operating Permit program is implemented across the country and enforcement action begins to ensure compliance with the programs, several issues arise concerning the effect of new emissions information on permit obligations and enforcement risks. What obligations does a facility have to apply the new emissions information to past permits or applicability decisions? How does the new emissions information affect current permit limits? What permit revision obligations are triggered by new emissions information? What are the enforcement risks for past permit decisions? What are the enforcement risks for compliance certification based on old emissions information? New emissions information is a natural outcome of the nationwide operating permit program. In past permitting programs, companies had to estimate emissions only under a few situations: new construction, new regulations, or if required under an existing permit or rule. Companies did not frequently come under these situations. Many companies avoided these situations for many years. The operating permit program, however, requires facility-wide analysis of emissions for all facilities in the country. As a result, new emissions information is being applied to facility operations for the first time in years. In addition, we should expect a continuing development in emission measurement and estimation technology as a result of the operating permit requirements and additional control requirements mandated by the Clean Air Act. Of increasing concern to companies is the effect the new information will have on existing permits, past activities, and past requirements. This paper will provide an overview of the issues associated with new emissions information and the enforcement risks associated with handling situations affected by new information. This paper will also describe the evolving positions being taken by U.S.EPA regarding compliance and permit obligations.