Tuesday, June 8, 2010

The chief of EPA Region 6’s Air Permits Section will provide an update and information on the Texas Title V permitting program.  Presentation will include discussion of current issues/objections that EPA has raised in connection with the Texas Title V permitting program generally and in connection with specific Title V permit applications, and EPA’s recommendations for facilities.

In 2009, the RICE MACT was revised, the MACT SSM exemption vacatur occurred, new Greenhouse Gas regulations were promulgated, and air permitting requirement changes were implemented or proposed. This presentation focuses on all of the recent and upcoming "moving parts" in Air Regulations that you need to know about.  Presenters will discuss what rules have changed recently, and additional changes that have been proposed or are anticipated.

Status of ongoing TCEQ Flare Task Force activity and EPA Flare Initiative.  Overview of legal and technical issues, and strategies for what you can do now to maximize compliance and operational flexibility under current flare-related requirements and strategically take into account what might be required in the future.  Background and current/potential impact of federal court vacatur of the startup, shutdown and malfunction (“SSM”) MACT exemption.  Discussion of the resulting heightened risk of enforcement, and what you can do to strengthen your company’s position - to minimize the potential for and impact of enforcement.

Tips for negotiating relevant, reasonable and achievable maintenance, startup, shutdown (“MSS”) permit terms — initially and when you need to revise your permit.  Ideas for effective compliance management — to maximize compliance and avoid/minimize MSS-related deviations/violations.  Presenters will share real-world MSS permitting “war stories” and sample/alternative permit terms for discussion/illustration, and participants will be encouraged to share experiences and ask questions.

The challenges now being brought against Texas industry by EPA, TCEQ, local governments and citizen groups regarding air quality compliance are increasing both in type and intensity.  Presenter will describe current and anticipated challenges, and ideas for minimizing the potential for and impact of such challenges — including use of EPA’s Audit Policy and the Texas Audit Privilege Act.