Arkansas Environmental Federation Air Webinar: Title V Petitions to Object Update (Stuart Spencer /Mitchell Williams Law Firm) and Will Montgomery (Arkansas Department of Energy and Environment - Division of Environmental Quality) - June 18th

The Arkansas Environmental Federation (“AEF”) as part of its Air Topics series scheduled a presentation for June 18th titled:

Title V Petitions to Object Update (“Webinar”)

The Webinar will be presented by:

Will Montgomery – Arkansas Department of Energy and Environment – Division of Environmental Quality, Associate Director, Office of Air Quality

Stuart Spencer – Mitchell Williams Law Firm Counsel

The Webinar will take place at 11:05 a.m. on June 18th.

The 1990 amendments to the Clean Air Act provided a process by which the United States Environmental Protection Agency (“EPA”) Administration could object to a Title V permit issued by a delegated state. Arkansas has been delegated the Title V permitting program for many years.

Title V requires certain stationary sources of air pollution to obtain Operating Permits. The Clean Air Act requires that states administer Title V through adopted implementation plans. These plans are submitted to and approved by EPA. The intent of a Title V permit is to organize in a single document all of the air requirements which apply to the permit holder. Components of a Title V permit include:

• Lists of permitted activities
• Description of emission units and pollution control devices
• Listing of applicable emission limits and standards
• Description of methods of monitoring
• Description of recordkeeping
• Identification of methods to be used for reporting and certifying compliance

42 U.S.C. § 7661 requires that states submit each proposed Title V permit to EPA for review. Section 505(v)(1) of the Clean Air Act requires that EPA object to the issuance of a proposed Title V permit in writing within 45 days of receipt of the proposed permit (and all necessary supporting information) if the federal agency determines it is not in compliance with the applicable requirements under the Clean Air Act. If EPA does not object to a permit, Section 505(v)(2) provides that any person may petition the EPA Administrator, within 60 days of the expiration of the 45-day review period, to object to the permit.

Mr. Spencer and Mr. Montgomery will provide an update on a number of developments related to the Title V objection process.

A link for registration information can be found here.