PERMITTING

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Permitting

Air quality control agencies determine the pollution control technologies, emission limits and other requirements applicable to stationary sources, such as power plants, through the permitting process. All major facilities, ranging from power plants to refineries, are required under the Clean Air Act to obtain a permit. There are two main types of air pollution permits: preconstruction permits and operating permits. Sources must apply for preconstruction permits before building a new facility, or beginning major modifications to an existing facility, if the facility is expected to increase its emissions of regulated air pollutants by significant amounts. Preconstruction permitting is undertaken through the “New Source Review” process, to determine appropriate air pollution controls, generally the Best Available Control Technology.

Once a facility begins operation, it receives an operating permit, or Title V permit, which outlines all of the pollution control standards the facility must follow. This includes important information such as pollutant monitoring, recordkeeping requirements, and emission limits, which help air quality agencies ensure that the facility complies with the relevant pollution control standards. The permitting process also provides the public with opportunities to review and comment on draft pollution control technologies and standards that will apply to the facility.

RELATED DOCUMENTS DATE
Permitting and NSR – Permit Streamlining – U.S. Department of Commerce Report: Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing
10/06/2017
Emissions and Modeling – Quality Standards – EPA’s Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations – Docket Website
02/25/2013
New Source Review – PM2.5 – Court Decision on PM2.5 SILs and SMC
01/22/2013
Permitting – GHG Regulation – Background and History of EPA GHG Regulations Under the Clean Air Act and NACAA's Comments on EPA GHG Regulatory and Policy Proposals
01/14/2013
New Source Review – PM2.5 – Court Decision in Review of EPA’s PM2.5 Implementation Rule and PM2.5 NSR Implementation Rule (D.C. 08-1250)
01/04/2013
Permitting – GHGs – U.S. Court of Appeals for D.C. Circuit Decision Denying Petition for Rehearing Challenges to GHG Endangerment Finding, GHG Tailpipe Rule, GHG Timing Rule and GHG Tailoring Rule
12/20/2012
Permitting – PM2.5 – Final Particulate Matter NAAQS
12/14/2012
Permitting – Applicability – EPA Guidance Memo Regarding Summit Decision Impact on Title V and NSR Source Determinations
12/12/2012
Permitting – PM – Final Amendments to NSR Program for Condensable PM
10/25/2012
Permitting – Permit Processing – EPA Guidance on Timely Processing of PSD Permits where EPA or a PSD-Delegated Air Agency Issues the Permit
10/15/2012
Permitting – Greenhouse Gas Permitting – Final Report from the Clean Air Act Advisory Committee Permits, New Source Review and Toxics Subcommittee GHG Permit Streamlining Workgroup, Air Permitting Streamlining Techniques and Approaches for Greenhouse Gase
09/14/2012
Permitting – NSPS – Final Amendments to NSPS for Petroleum Refineries
09/12/2012
Permitting – Greenhouse Gas Permitting – Final GHG Tailoring Rule Step 3
07/12/2012
Permitting – EJ – Notice of Availability of Proposed Regional Actions to Promote Public Participation in the Permitting Process and Draft Best Practices for Permit Applicants Seeking EPA-Issued Permits
06/26/2012
Permitting – GHGs – U.S. Court of Appeals for D.C. Circuit Decision Dismissing Challenges to GHG Endangerment Finding, GHG Tailpipe Rule, GHG Timing Rule and GHG Tailoring Rule
06/26/2012
New Source Review – NSPS – Final Amendments to NSPS for Process Heaters and Flares at Petroleum Refineries
06/01/2012
New Source Review – Nitric Acid NSPS – Final Revised New Source Performance Standards for Nitric Acid Plants
05/14/2012
New Source Review – Oil & Gas – Final NSPS and NESHAP for the Oil and Natural Gas Sector
04/18/2012
Permitting – Minor NSR – EPA Memo on Minor New Source Review Program Public Notice Requirements under 40 CFR 51.161(b)(3)
04/17/2012
New Source Review – GHG NSPS – EPA Proposal for GHG NSPS for New Power Plants – Federal Register Notice
04/13/2012
Permitting – GHGs – Deliberative Draft Report of the Biogenic Carbon Emissions Panel
01/19/2012
Permitting – Test Methods – Proposed Revisions to Test Methods and Testing Regulations
01/09/2012
Permitting – PM2.5 – Revised Policy to Address Reconsideration of Interpollutant Trading Provisions for Fine Particles
07/21/2011
Permitting – Greenhouse Gas Permitting – Final Three Year Deferral of Biogenic CO2 from PSD and Title V Permitting Requirements
07/20/2011
Permitting – Tribal NSR – Final Review of New Sources and Modifications in Indian Country
07/01/2011
Permitting – PM2.5 – Final Repeal of PM2.5 PSD Grandfathering Provision
05/18/2011
Permitting – Fugitive Emissions – Treatment of Fugitive Emissions in the New Source Review Permitting Program: Interim Replacement Stay
03/30/2011
Permitting – Greenhouse Gas Permitting – Final PSD and Title V Permitting Guidance for Greenhouse Gases
03/01/2011
Permitting – Greenhouse Gas Permitting – Summary estimated new source categories due to GHGs as of 7/1/11
02/18/2011
Permitting – Greenhouse Gas Permitting – Updated State by State Summary of Status of GHG Permitting Rules
02/09/2011
Permitting – Greenhouse Gas Permitting – Final GHG Tailoring Rule
06/03/2010
Permitting – Greenhouse Gas Permitting – Final Johnson Memo Reconsideration
04/02/2010