Flexible Permit Audit Program [Compatibility Mode]

```````````TX Flexible Permit Audit Program June 17, 2010 Meeting Texas Association of Environmental Professionals 1996 – Texas establishes Flexible Permits for CAA Permits Under the State Implementation Plan (SIP) Under FlexibleFlexible Permit:Permit:◦ Facility Has an Emissions Cap for the Facility (or Group of Sources)Texas Association of Environmental Professionals◦ Allowed Flexibility of Modifications to Sources as June 17, 2010 – Brady’s Landing Long as the Emissions Cap is Not Exceeded126 Sites Issued Flexible Permits Flexible Permits Never Approved By EPA for CAA Requires That Each Individual Source be Inclusion in the Texas SIP Evaluated for Significant Changes In 2007 Letter to Holders of Flexible Permits: Significant Changes Require New Source ◦ PermitsPermits rreefflleectct TeTex xasas rreeqquiuirreemenmentsts aandnd nonott ReviewReview, meaning: necessarily the federally-applicable requirements. ◦ Compliance With Current Rules ◦ Lowest Achievable Emissions Rate (LAER) ◦ Must comply with Federal Rules for New Source ◦ Best Available Control Technology (BACT) ReviewExample: •Flexible Permit Site With 3 Sources: 1, 2 and 3•Each Emitting 10 Tons of Pollutant Z 10+ Years of Arguing•Change Raises Emissions on Source 1 to 28 2007 – EPA Warning Letter to Holders of Tons of Z, but Emission from 2 and 3 Reduced to Flexible Permits1 Ton Each All Fun and Games Until Someone Gets HurtEPA Says “No Way! Texas says “Right On! Source 1 ...