EPAS CLEAN-AIR ACT OPERATING PERMIT RULES

Title V of the Clean Air Act requires tens of thousands of air pollution sources to obtain an operating permit incorporating all applicable requirements under the Act. EPA recently promulgated its controversial Title V regulations, which establish the minimum elements for state permit programs. The new permit system is among the most important changes made by the 1990 Clean Air Act Amendments, and will significantly alter the way companies comply with air pollution requirements. Previously, the Act only required certain sources to obtain a new source review permit before constructing or modifying the facility (although many states established operating permit systems on their own). Now, all states must adopt operating permit programs consistent with the minimum federal requirements, and submit them to EPA by November 1993. Even though EPA has established minimum requirements, these programs are likely to vary widely from state to state.