The Environmental Protection Agency is proposing industrial air pollution rules that will allow U.S. oil refineries and other industrial plants to increase air emissions without prior government approval.
If production methods require it, companies may file a request for an increase in allowed air pollution of as much as 245 tons/year, then proceed with the higher emissions while the application awaits action.
EPA would have 45 days and states 90 days to reject the application.
The revised approach was contained in EPA's final rules specifying minimum requirements for state air pollution permit programs under the 1990 Clean Air Act (CAA) amendments. That law makes state permit programs the centerpiece for compliance with the entire act.
The proposed new rule requires all major industrial sources of air pollution to obtain an operating permit and consolidates all their CAA obligations in a federally enforceable permit document available to the public.
EPA said the permit and reporting requirements will enhance the ability of state agencies and EPA to track compliance and evaluate air quality.
States may charge fees, estimated at a total $330 million/year nationwide, to cover the costs of developing and running the permit program.
William Rosenberg, EPA air and radiation chief, said, "This rule will enable us to obtain the environmental benefits of the new CAA at the least cost to American businesses. The rule provides industry with flexibility and significantly reduces potential procedural burdens while establishing enforceable permits to ease implementation of the act.
"Small businesses are given special consideration under this rule. States are given the option of exempting small pollution sources from permit requirements until EPA determines whether small sources should be included in the permit program."
STATES' ROLE
The proposed rule allows states to issue a general permit covering many similar small sources, allowing a small source to submit only a letter or abbreviated application providing information on its eligibility for the general permit.
It also requires states to allow businesses the flexibility to change their operations quickly without having to obtain a permit revision.
States must allow permits that provide for alternate operating and for trading of emissions between different parts of the same site.
EPA said when a source must obtain approval to make minor changes that could not have been foreseen when the original permit was written, it must notify the state of its change when the change takes place. EPA has 45 days to review the proposed change, and the state may revise the permit following EPA's review period.
Small changes can be grouped for quarterly reviews. If the state determines the requested permit modification is "significant," a longer review process would apply.
EPA said although its rule does not require states to provide citizens an opportunity to review minor modifications to permits, states can do so.
States have until November 1993 to complete their permitting programs and submit them to EPA, which has another year to review them. Companies will have until 1995 to begin applying for permits.
Copyright 1992 Oil & Gas Journal. All Rights Reserved.
