FPA Submits Comments for the U.S. EPA’s Proposed Clarifications of Title V Federal Operating Permit Definition of “Applicable Requirements”

The Flexible Packaging Association (FPA) commends the EPA for proposing to clarify the Clean Air Act (“CAA” or “Act”) definition of “applicable requirements” in the Act’s Title V (T-V) Operating Permit Program. EPA’s purpose in issuing this Notice is “to better express the EPA’s existing positions,” 89 Fed. Reg. at 1151, whether the following CAA requirements are Title V (“T-V”) operating permit “applicable requirements” that are reviewable during the public review of T-V operating permits and T-V renewal permits pursuant to 40 CFR § 70.2: (1) standards, requirements, and other responsibilities of a T-V source set forth in federal preconstruction permits issued by EPA, State, and/or local permitting authorities (“PAs”) under CAA Title I New Source Review (“NSR”) Programs; (2) the Clean Air Act’s “General Duty Clause” set forth in CAA Section 112(r)(1) of the Act; (3) the applicability of the requirements to obtain a CAA Title I, NSR preconstruction program; construction projects to install emission units that occurred before the issuance, revision and/or renewal or a T-5 permit; and, (4) to a more limited extent, how and when compliance assurance requirements such as periodic and enhanced monitoring and/or recordkeeping required by Sections 504 (b) (4) requirements set forth in other applicable State Implementation Plans (SIPs) and federal standards such as a New Source Performance Standard (“NSPS”) Docket EPA–HQ–OAR–2023-0401or a National Emission Standard for Hazardous Air Pollutants “NESHAP”) are reviewable during T-V permit and renewal permit review. The rule also proposes to update the EPA’s regulations in certain respects.