Air Permits

Air Permits in the United States

Air Permits in Environmental Law

A type of license for air pollution sources. Until the Clean Air Act Amendments of 1990 (CAAA), the federal program for air pollution control was limited to preconstruction permits for major emissions sources under the New Source Performance Standards (NSPS), Prevention of Significant Deterioration (PSD) or nonattainment provisions of the Clean Air Act and regulations.

In 1990, Congress significantly amended the Clean Air Act to include an integrated permit program for air pollution sources. When it is fully functional, it will deal not only with the preconstruction phase but also with operation.

Under the permit program, called Title V, the states are to be the permit authority. The method of implementing the program follows:

1. The Environmental Protection Agency (EPA) promulgates rules about the contents of the program (completed in June 1992).

2. States submit their plans to the EPA (due by November 1993).

3. The EPA either accepts or rejects the state’s plan. If it is rejected, the EPA may act for the state.

4. States may revise their plans to address the EPA’s concerns;

5. When its plan is accepted, a state begins its pollution reduction program immediately, though it could take five years to get an individual state’s program up and running. After approval of the plan, the state has three years to issue permits.

Emissions sources covered by the program include major stationary sources, sources regulated by the National Emission Standards for Hazardous Air Pollutants, sources listed by or opting into the acid deposition provisions in Title IV, and other regulated sources. Until the program is working, permits required by Phase I of Title IV (acid rain) and preconstruction permits will be issued separately

The air permitting scheme will be similar to the successful water permitting system. Applicants will be required to pay an annual fee, which is to be used by the state for costs associated with the program. The permits will include emission limits; requirements for continuous emission monitoring systems (CEMS); reporting and inspection requirements, including an annual certification from the source that it is in compliance with its permit and the law; and a compliance schedule if the source is not in compliance. Along with the permit application, the source must also include a description of how it will comply with the terms of the permit. That requirement and the requirements for annual compliance certification and the CEMS are enhancements to the water permitting system.

Permits will be issued for a specified period of time. The EPA may veto a permit, revoke, or modify it; the EPA may also enforce the terms of the permit if it decides the state is not acting properly.

The public will be given notice of proposed permits. Citizens may obtain copies of any document required of the permittee, and they may comment during the pretermit phase or use the information they gather for a lawsuit for violations after the permit is issued.

Contiguous states also have the right to comment on any proposed permit for a source within 50 miles of their border if they think the source will violate their standards. Permitting states do not have to agree with neighboring states, but they do have to listen and consider their comments. See also major source; National Ambient Air Quality Standards; nonattainment areas; Prevention of Significant Deterioration; state implementation plans.
Based on “Environment and the Law. A Dictionary”.


Posted

in

, ,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *