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EPA/AR

RIN: 2060-AM45

Publication ID: Spring 2009

Title: Flexible Air Permit Rule
Abstract: This rule would promulgate changes to the state and federal operating permit regulations required by title V of the Clean Air Act and providing certain clarifying statements regarding the existing regulations governing minor and major New Source Review (NSR) in order to facilitate greater consideration of flexible air permits (FAPs). The Agency believes that these actions could potentially affect a wide spectrum of sources types, encompassing over 30 SICs. A flexible air permit is an operating permit issued by a state or local agency through an EPA-approved title V permit program that through its design facilitates flexible operations at a source, allowing the source to be market-responsive while ensuring equal or greater environmental protection than that achieved by conventional permits. FAPS cannot circumvent, modify, or contravene any applicable requirement and must assure compliance with each requirement that is applicable, or becomes applicable. FAP approaches were developed in the context of several state pilot projects which were launched to address the delay and uncertainty issues raised by certain companies.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 70 40 CFR 51 and 52
Legal Authority: CAA title V, parts C & D

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	09/12/2007	72 FR 52206
Final Action	To Be Determined

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 Anna Wood Environmental Protection Agency Air and Radiation 6103A, Washington, DC 20004 Phone:202 564-1664