Clean Air Markets
CAIR Frequent Questions – Permits
Q: The CAIR FIP in our State has not been lifted by EPA approval of a full SIP revision, and it appears that the CAIR permit applications must be submitted soon. Does that mean that 40 CFR part 97 should be referenced throughout the States CAIR permit application, or should the State reference 40 CFR part 96 (or the State-equivalent of 40 CFR part 96) throughout the CAIR permit application, even though the States CAIR permitting regulations are not yet approved and/or effective?
A: The CAIR permit application should reference the rules that are effective as of the date that the permitting authority makes the CAIR permit application available to the owners and operators of CAIR sources. Until the State has a full CAIR SIP approved and effective, the CAIR permit application should reference the requirements at 40 CFR part 97 (specifically, the standard requirements at 40 CFR 97.106, 97.206, and 97.306). Once a States full SIP is approved and effective, the permitting authority should update the CAIR permit application so that it references the standard requirements at 40 CFR part 96.106, 96.206, and 96.306, or the State-equivalent of those provisions.
EPA notes that, in order to avoid multiple title V permitting actions, the permitting authority may adjust the deadline for submission of the initial CAIR permit application to a date that best addresses the State's needs. For instance, since the CAIR regulations state that the CAIR permit application must be submitted at least 18 months (or such lesser time provided by the permitting authority) before January 1, 2009 (for CAIR NOX Annual and NOX Ozone Season) and January 1, 2010 (for CAIR SO2), the permitting authority could choose to require that the CAIR application for the CAIR NOX Annual, CAIR SO2, and CAIR NOX Ozone Season Trading Programs be submitted by December 31, 2008.
In choosing a deadline for submission of the initial CAIR permit application, the permitting authority should consider both the approximate date upon which its CAIR-related SIP submittals will be approved by EPA and effective as well as the beginning dates for CAIR trading programs (January 1, 2009 for CAIR NOX Annual and CAIR NOX Ozone Season Trading Programs and January 1, 2010 for CAIR SO2). CAIR permit applications must be submitted no later than the beginning dates for the respective CAIR trading programs. See 40 CFR 96.121(a), 97.121(a), 96.221(a), 97.221(a), 96.321(a) and 97.321(a). EPA is willing to work with the permitting authority to help discern what CAIR permit application submission deadline would best accommodate a particular States circumstances.