Title V Modifications and Construction Permits N' LaDonna Driver HODGE DWYER ZEMAN Outside Counsel,

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Title V Modifications and Construction Permits
N. LaDonna DriverHODGE DWYER ZEMANOutside
Counsel, Illinois Environmental Regulatory Group
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Title V Permit Revisions

• Is a revision necessary?
• Not necessary for off-permit change or
  operational flexibility.

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Off-Permit Changes and Operational Flexibility

• Clean Air Act Section 502(b)(10),
• 40 CFR 70.4(b) and 70.6(a)(9)
• Applicability
• Notice

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Insignificant Activities

• Illinois CAAPP Permit Condition 3.3
• Applicability
• Notice in limited circumstances

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• Where Title V permit revision is not required,
  changes can be operated expeditiously.
• Is a construction permit required?

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Construction Permit Requirements

• Illinois Approach
• Indiana Approach
• Wisconsin Approach

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Industry Proposal to Streamline Construction
Permitting in Illinois

• Stair-Step Approach
• Only for existing, permitted sources
• Facility must comply with PSD, NNSR, NSPS and HAP
  requirements

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Construction Permit Issued Incorporating Change
into Title V Permit
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Administrative Amendment

• 40 CFR 70.7(d)
• Applicability
• Change can be made upon filing

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Illinois Approach for Using Administrative
Amendment to Incorporate Construction Permit
Requirements

• Halted in 2001 - 66 Fed.Reg. 62946
• Statutory or rule change to address procedural
  concerns?

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Michigan Approach for Construction Permits and
Administrative Amendments
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Minor Modification

• 40 CFR 70.7(e)(2)
• Applicability
• Change can be made upon filing

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Significant Modification

• 40 CFR 70.7(e)(4)
• Applicability
• Change cannot be made until modification issued