1164437 - Air Permitting Problems and Solutions

This panel will discuss permitting issues and permit conditions that are prone to problems from various industry, government, and environmentalist perspectives. Air pollutant emission sources are generally required to obtain construction and operating permits from state, provincial or local air quality agencies, or directly from the U.S. EPA or Environment Canada. Generally the issuing agency will provide an opportunity for a facility to review and comment on draft permit conditions. Taking advantage of that opportunity is essential to ensure the best permit that can be obtained. Particular permit conditions that may present problems are: inflexible conditions that do not provide for real world variations; emission limitations that cannot be routinely or consistently achieved in practice; monitoring, recordkeeping, and reporting conditions that require excessive effort; and stack testing requirements that are of questionable value yet costly. These and others may require substantial effort, yet produce little environmental benefit. On the other hand, permitting agencies and environmental advocacy groups may perceive different problems with permit conditions. The panel will discuss alternative conditions and other remedies for problem permit conditions. Although modification of permit conditions is within the exclusive purview of the permitting agency, permitting agency personnel may have little familiarity with local issues or the difficulty of complying with some permit conditions. Facility personnel should strive to explain inherent difficulties and costs with some permit conditions, so they can be changed when in draft or final form. Similarly, the public should take advantage of its opportunities to inquire and comment on a proposed permit based on their familiarity with the locality or specific issues.