EPA issues final rule to 'clarify' scope of monitoring requirements under Title V

摘要

The Environmental Protection Agency (EPA) last week issued a final rule ratifying current language of the regulatory text concerning monitoring under Title V of the Clean Air Act (CAA). The agency also declined to adopt changes to the text that were previously proposed on September 17, 2002. EPA said the September 2002 proposal was issued to clarify the scope of monitoring required in Title V permits. At the time, the agency sought to interpret 70.6(c) (1) and 71.6 (c) (1) as establishing a separate regulatory standard from that of the periodic monitoring rules. This interpretation would have required facilities to conduct "sufficient" monitoring in addition to minimal monitoring requirements for demonstrating compliance with permit conditions.