Clarifying the Scope of “Applicable Requirements” Under State Operating Permit Programs and the Federal Operating Permit Program
Key claim: EPA is locking into Title V rules that New Source Review preconstruction decisions can be second-guessed through operating permits only in limited cases, and that the general duty to prevent accidental chemical releases is not enforced through Title V.
Abstract
(Rule · Environmental Protection Agency) The U.S. Environmental Protection Agency (EPA) is updating the title V operating permit program regulations to codify the Agency’s existing interpretations and policies concerning when and whether “applicable requirements” established in other Clean Air Act (CAA) programs may be reviewed, modified, and/or implemented through the title V operating permit program. Specifically, this final rule clarifies the limited situations in which requirements under the New Source Review (NSR) preconstruction permitting program would be reviewed using the EPA’s title V oversight authorities. Additionally, this final rule clarifies that requirements related to an owner or operator’s general duty to prevent accidental releases of hazardous substances are not “applicable requirements” for title V purposes and are, therefore, not implemented through title V.
Why this matters
Title V governs the operating permits that virtually every major stationary air pollution source must hold, so what counts as an ‘applicable requirement’ determines whether neighbors, states, and EPA can use that permit to challenge upstream NSR decisions or accident-prevention practices. By codifying narrow readings, EPA stabilizes expectations for permitted facilities but also narrows a potential avenue for public enforcement on preconstruction review and chemical-accident risk.