Compliance with “legacy permits”: EPA’s letter states that it expects our facility to comply with the SIP-approved permit conditions and terms that existed prior to issuance of our flexible permit. What does that mean for my facility?
Response: EPA maintains that SIP permits issued to a source remain effective until amended, modified, or revoked in accordance with the SIP-approved methods for effecting such permit changes. This means that all SIP permit conditions and terms, including any representations upon which the SIP permit was issued, are not, and have
not been, superceded, voided, or representations associated with
replaced by the terms, conditions,
or permit operators
application of sources
in a TCEQ
permit should review their previously issued SIP permits that they are complying with those terms, conditions, and
representations. To the extent that over into the flexible permit, then obligations and the source should
such conditions, terms and representations were rolled there should be no issue associated with compliance simply continue to comply with those requirements.
However, EPA understands that there may be some instances where conditions, or representations made in the legacy permits have been “changed” by the flexible permit. Therefore, in accordance with EPA’s
specific terms, “modified” or policy entitled
(http://www.epa.gov/compliance/resources/policies/civil/caa/stationary/enf-siprev- rpt.pdf) dated March 1, 1991, EPA will assess its enforcement options on a case-by-case basis.
New Units Not Covered by a SIP Permit: I was issued a flexible permit for a new source (site) or a new or amended flexible permit for a change to a source (site) that involves construction of a new unit. Is the source operating in violation of federal requirements since it obtained authorization for those emissions in a non SIP-approved permit?
Response: To the extent that the modification followed the federally-approved review requirements but for the inclusion of those requirements in a SIP-approved permit, EPA will look to the 1991 guidance referenced above in determining whether or not to bring an enforcement action for failure to effect changes to the source in accordance with approved SIP procedures. As previously mentioned in response to Q2, EPA’s focus will be to ensure that the source is not creating any adverse air quality impacts as a result of its operations under the flexible permit. In addition, if there is a need for changes to the monitoring, record-keeping, or reporting requirements to ensure no adverse air quality impacts, then an EPA enforcement action to effect those changes may be appropriate under the circumstances.