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Chapter 1 ( APG-200A1) and Chapter 5 ( APG-200A5) of the Title V Air Permits Guidance Manual (APG-200A) are currently under revision. The proposed changes remove the discussion about a source being major on the sole basis of greenhouse gas emissions and include additional information on the purpose and scope of a statement of basis (SOB). The public comment period is open until August 21, 2019.

The purpose to the proposed changes of Chapter 1 stem from a Supreme Court decision in June 2014.

  • On June 23, 2014, the Supreme Court of the United States (SCOTUS) stated that the U.S. Environmental Protection Agency (EPA) could not require a stationary source to obtain a Prevention of Significant Deterioration on the basis of greenhouse gases alone. In other words, the SCOTUS ruling stated that GHG can only be included as part of a PSD or Title V permit for a source or project if the potential to emit (PTE) for a traditional pollutant requires either PSD or Title V permitting first. The EPA followed this ruing with a guidance memorandum explaining how states should integrate the outcome of this ruling into their state implementation plans (SIP). A month later, Virginia DEQ issued an interim guidance memorandum explaining current and future actions concerning PSD, Title V, and greenhouse gases in light of the US EPA guidance and the SCOTUS decision.

Chapter 5 has been updated to include more information on the purpose and scope of the SOB - a document written by the permit writer which accompanies a Title V permit. The SOB provides documentation for the legal and factual basis for the Title V permit conditions.

Please contact Trinity's Roanoke, Virginia office at (540)342-5945 for further information or assistance with Title V permitting.