1. Title 5 Permits The Clean Error Act ©2002 Dr. B. C. Paul

2. Title V Permits  In order to run an operation with discharges to the atmosphere (ie almost anything you could do in mining) must have Title V permit  Permits are issued by the State with oversight from National EPA (National EPA may veto State Actions)  State has 60 days from your filing to determine if application is complete

3. Permit Process  State must make a decision –State EPA must issue tentative decision and advertise for public comment –depending on level of public comment the agency may need to schedule public hearings  State EPA must send its decision to National EPA –if submitted between 6 to 18 months ahead of time you cannot be held a fault for delays

4. Permit Process  National EPA has 45 days to check for compliance with State Implementation Plan and the Clean Air Act –If EPA vetos State must correct within 90 days  Citizens have 60 days to petition National EPA if they believe State acted against SIP or CAA  After Final EPA action Citizens have 90 days to petition Court of Appeals for review

5. Importance of Public Relations  Clean Air Act and most other environmental laws have public comment, public hearing, public petition, and public suite feature –They can drag your permits for years, make agencies paranoid and reactive in requirements, and then hang them up for years in court  Community involvement in plans and a publicized record of environmental friendliness is best line of defense

6. Permit Features  They cost you money - permit fees pay for operations of State EPA including enforcement activities –fees are at least $25/ton of pollutant per year up to 4,000 tons ie - permits may have base price of $100,000 dollars for a large source  Permits have a 5 year or less term before renewal is required

7. Other Permit Features  Include schedules for compliance  Company officials may have to certify completion of compliance requirements  Requirements for keeping of records  Possible requirements for monitoring  Right of Entry and Inspection  Requirements to report violations - tell on yourself