A Bush-era rule to increase the use of flexible air permits (FAPs) as part of the Title V operating permits program has been okayed with no changes in "substance" by the current EPA.

FAPs allow a permitted major source to obtain approval for changes up-front-i.e., in a new or revised permit-without subsequent permit review and approval.

The advantages of FAPs are twofold. One, they allow businesses to make operational changes quickly in response to market developments without being forced to wait for review and approval, generally from authorized state agencies. Two, many changes allowed under FAPs result in more efficient resource allocation and accommodate process improvements and pollution prevention activities. An EPA review of five FAP pilot permits found that all achieved 30 percent to 80 percent reductions in actual plantwide emissions and/or emissions per unit of production.

FAPs are already issued by state permitting authorities. The rule improves opportunities for FAPs by adding definitions for alternative operating scenario (AOS) and approved replicable methodology (ARM) and by codifying some clarifications to existing provisions.

AOSs authorize a source to make changes to existing emissions units without requiring a Title V permit revision. The AOS identifies the applicable requirements associated with the alternative scenario and ensures ongoing compliance.

ARMs are replicable protocols placed in a Title V permit to facilitate compliance with an applicable requirement in situations that could otherwise require a permit revision. For example, an ARM could specify a replicable testing procedure for updating an emissions factor, rather than requiring a permit revision to accomplish the update.

EPA notes that pilot FAP permits often include enhanced opportunities for public involvement and comment in the permitting process.

Also, the inclusion of advance approvals and AOSs in a permit present a comprehensive picture of a source's operations over the permit term, says EPA. The Agency emphasizes that FAPs cannot circumvent, modify, or contravene any applicable requirement; rather, by their design, FAPs must ensure compliance with each requirement as it would become applicable to any of the authorized changes.

Also, the rule does not finalize revisions to existing minor or major new source review regulations, which had been proposed by the Bush EPA.

EPA's final rule revising Title V regulations to promote more use of FAPs is available here.

[Source: Environmental Manager's Compliance Advisor. Subscribe today!]