EPA has revised the regulations governing State and Federal operating permit programs required by Title V of the Clean Air Act (CAA).

The final rule, published in the October 6, 2009, Federal Register, promotes flexible air permitting (FAP) approaches that provide greater operational flexibility and, at the same time, ensure environmental protection and compliance with applicable laws.

The revisions to the Title V regulations consist of adding definitions for alternative operating scenario (AOS) and approved replicable methodology (ARM), and codifying some clarifications to existing provisions.

These revisions are intended to clarify and reaffirm opportunities for accessing operational flexibility under existing regulations. EPA is not finalizing any revisions to the existing minor or major New Source Review (NSR) regulations. In particular, EPA is withdrawing the portion of the proposed rule which relates to Green Groups and their potential inclusion in NSR programs required by parts C and D of Title I of the CAA. Instead, EPA is encouraging States and others to investigate flexibilities currently available under the major NSR regulations.

The final rule was effective on November 5, 2009.

(Env. Resource Center- 10/12/09)