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EPA/AR RIN: 2060-AM45 Publication ID: Fall 2008 
Title: Flexible Air Permit Rule 
Abstract: This package revises our regulations governing State and Federal operating permit programs required by title V of the Act and the NSR programs required by parts C and D of title I of the Act. These final actions are based, in large part, on the lessons learned through EPA’s pilot experience in which EPA worked closely with States and sources to develop flexible air permitting approaches that provide greater operational flexibility and, at the same time, ensure environmental protection and compliance with applicable laws. In our pilot permits, increased flexibility is primarily achieved through advance approvals under NSR and alternative operating scenarios (AOSs). The revisions clarify how this can often be done in the existing regulatory framework of the operating permit programs. The revisions also add major NSR requirements for Green Groups, which allow future changes to occur within a group of emissions activities, provided that they are to meet “best available control technology” (BACT) or “lowest achievable emission rate” (LAER) and control requirements, as applicable and are determined to comply with all relevant ambient requirements. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 70    40 CFR 51 and 52   
Legal Authority: CAA title V, parts C and D   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/12/2007  72 FR 52206   
Final Action  12/00/2008    
Additional Information: SAN No. 4885; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/September/Day-12/a17418.htm; EPA Docket information: EPA-HQ-OAR-2004-0087
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Mike Trutna
Environmental Protection Agency
Air and Radiation
C504-01,
RTP, NC 27711
Phone:919 541-5345
Fax:919 541-4028
Email: trutna.mike@epa.gov