Overview of Part 70 Revisions

Principles

    a key objective of title V is to "assure compliance," which is best
     met if permit is revised when a change triggers new requirements

    permit revisions can be avoided if permit already assures
     compliance with requirements that apply to a change

    public and EPA review is needed for permit revisions that have
     potentially significant environmental effect

    de minimis, notice-only, and administrative amendment procedures
     may be exempt from public and EPA review, and citizen petition

    change may be de minimis if it: 1) results in trivial environmental
     impact; or 2) involves minimal judgment

    public or EPA review provided during state review process (NSR,
     SIP or other rule adoption) need not be repeated for title V, if part
     70 requirements were addressed

    requirements for public review should be consistent between NSR
     and title V

Definition of "permit revision"

    a title V permit must be revised if a change:

     1)   cannot comply with the existing permit, or

     2)   triggers newly applicable requirements

    "off-permit" is eliminated by (2) above. [Current rule allows off-permit changes to be made without a permit revision.]

Types of changes for which you need a permit revision

    you exceed an applicability threshold, which makes you subject to a
     different emission standard or monitoring requirement that is not in
     the title V permit

    you add a new unit (or modify an existing unit) to which
     requirements under a state NSR program apply, and the title V
     permit does not contain those requirements

    you want to monitor for compliance using a different parameter and
     the title V permit does not contain that parameter 

Types of changes for which you do NOT need a permit revision

    you want to monitor using a different method, and the different
     method is already contained in the title V permit

    you install a unit that is required to be registered under the state
     NSR program, and the title V permit contains a standard condition
     requiring you to register


Which permit revision procedure?

    which permit revision procedure you can use depends on the kind of
     applicable requirement involved and the significance of the change

    In general, the more emissions a change produces, and the more
     judgment involved in creating permit terms, the more likely that
     there will be EPA and public review in the permit revision process

    conversely, the less emissions or environmental impact a change
     makes, or the less judgment involved in creating permit terms, the
     more likely that the change may be de minimis or notice-only, and
     exempt from public and EPA review, and citizen petition.
Major Changes Since 1995 Proposal

     Decided not to waive EPA review of minor permit revisions. 
     Consequently, minor permit revisions would be subject to EPA
     review.  However, EPA would shorten its review to 21 days when
     no adverse comment, which saves 24 days.

     Decided not to require States to issue permits with emission caps
     that allow advance approval of NSR requirements.

     Established minimum 21-day public comment period for minor
     permit revisions.  

     Prohibited PTE limits from de minimis category. [However,
     Agency is considering options to expand de minimis category to
     include some netting and PTE limits.]

     Decided that minimal judgment and trivial environmental impact
     criteria were most relevant criteria for de minimis category

     Moved nonmajor netouts from significant to minor permit revision
     category

     Rejected proposal for certification language that would require
     "personal examination" of information; instead, require company to
     have a system for assuring that information is prepared by qualified
     individuals.

          Retained emergency defense for non-federal requirementsChanges To Improve Implementation

     Developed Appendix B, which lists federal rules that have adequate
     monitoring for compliance, and consequently are eligible for notice-only revisions

     Clarified that alternative monitoring or testing requirements
     approved by EPA under existing procedures are eligible for notice-only process

     Allowed de minimis procedures, instead of minor permit
     procedures, for changing a parameter level for compliance with a
     MACT standard, if the new level is based on EPA test methods.

     Allow incorporation of equivalent section 112(l) standards using
     streamlined "two-step" MACT incorporation procedures, rather
     than reopening the permit. 

     Codified in the rule that EPA would not object to NSR permits, if
     the NSR permit:
     --   complies with the SIP 
     --   is enforceable
     --   contains all applicable requirements and relevant part 70
          requirements
     --   is not arbitrary or capricious