Over the last several years, EPA has issued several policy memoranda and rulemakings pertaining to preconstruction permitting requirements under New Source Review (NSR) and operating permit requirements under Title V of the Clean Air Act.  Experts in NSR and Title V permitting matters will discuss challenges and implementation issues with regard to the recent policy changes listed below, facing both permitting authorities and the regulated community:

• Interpretation of “Adjacent” based upon physical proximity between properties.

• Scoping “Ambient Air” based upon a limited change to the application of the “access” element in the regulatory definition of ambient air.

• Interpreting “Begin Actual Construction” proposed guidance, allowing physical on-site activities prior to obtaining an NSR permit, provided that those activities do not constitute physical construction on an emissions unit.

• Plantwide Applicability Limitation (PAL) permitting issues guidance with respect to permit reopening, expiration, termination, and renewal, and monitoring requirements under PAL.

• In the final rule on major MACT to area source (“MM2A”), EPA provides that a major source can be reclassified to area source status at any time upon reducing its potential to emit of hazardous air pollutants below the major source thresholds of 10/25 tpy.