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The U.S. Environmental Protection Agency (EPA) has made moves to expedite a review process for power plants and remove “unnecessary delays,” announcing that it will take advantage of its ability to finalize Clean Air Act (CAA) permits before the full 45-day review period is over, among other methods to speed up the process.
The EPA issued guidance clarifying the agency’s review process of CAA title V permits to streamline and expedite approvals. Title V of the CAA requires that permitting authorities provide the EPA with a copy of each proposed permit under review, after which the EPA has 45 days to review and administer a decision. This latest guidance clarifies that the EPA will, when appropriate, choose to close the review period earlier than the 45-day deadline.
Additionally, the guidance clarifies that the EPA can can concurrently review a proposed permit while the draft permit is going through the required public participation process. When permitting authorities begin the 30-day public comment period on a draft permit, they may simultaneously submit the same document to the EPA, which functions as the proposed permit, for the Agency’s 45-day review period.
The EPA’s review would run concurrently with the public comment period. The EPA argues this will speed up the permitting process by eliminating an “unnecessary source of administrative delay,” particularly in situations where states do not expect to receive a significant amount of public comments. However, if the permitting authority does receive significant public comments, it would need to respond, update the permit or record if necessary, and re-submit the proposed permit and response to comments to the EPA, beginning the EPA’s review period over again.
“This guidance provides commonsense clarifications that will help get title V permits out the door quickly, speeding up economic development all while maintaining the same level of transparency, accountability, and public participation,” said EPA Assistant Administrator for Air Aaron Szabo. “For too long the Clean Air Act has been used as an excuse to slow walk projects beneficial to our communities, the Trump EPA is changing this through the plain reading of the law. We can protect human health and the environment and have an efficient permitting process.”
The EPA noted that its memorandum is “not a rule or regulation,” and each situation may vary, and is encouraging its regional offices to expedite their review of proposed permits where appropriate and upon request from EPA’s permitting partners.
In April, EPA issued different guidance to streamline the title V operating permit renewal process. Title V of the CAA requires all air pollution requirements for major industrial sources to be consolidated into a single, federally enforceable operating permit. These programs are primarily administered by state, local, and Tribal air agencies, and permits typically must be renewed every five years.
Ref: https://www.renewableenergyworld.com/energy-business/policy-and-regulation/the-epa-is-expediting-clean-air-permits-for-power-plants-to-remove-unnecessary-delays/
