Title V Operating Permit
Who Needs A Title V Operating Permit?
A Title V Operating Permit is required of companies that have operations involving a major air contaminant source. These companies include the following:
- Facilities with the potential to emit 10 tons per year (tpy) of any hazardous air pollutant (HAP), 25 tpy of any combination of HAPs, or 100 tpy of any regulated air pollutant
- Facilities subject to acid rain requirements under Title IV of the Clean Air Act
- Facilities with lower tpy limits in non-attainment areas
Presently, minor sources subject to New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) are deferred from the requirement to apply for a Title V Operating Permit.
What Information Must I Provide?
All applicants must submit a Major Source Operating Permit Application (Form CN-1007). The following information is needed to complete the application:
- Facility identification information
- Description of processes and products
- Emissions of regulated air pollutants
- Fuels, fuel use, raw materials, production rates and operating schedules
- Emissions related information
- Information on air pollution control systems
- Certification of compliance with all applicable requirements
- Compliance methods for demonstration of compliance with applicable requirements
All existing Title V sources were required to submit Title V applications on or before August 28, 1997. Any source that becomes subject to this requirement must submit an application within the time specified on its construction permit.
|Title V Form Description||Form Number||Instructions|
|Responsible Official Signature Form||CN-1397 (APC Index)||N/A|
|Facility Identification Form||CN-1398 (APC 1)|
|Operations and Flow Diagrams||CN-1399 (APC 2)|
|Stack Identification||CN-1400 (APC 3)|
|Fuel Burning Non-Process Equipment||CN-1401 (APC 4)|
|Stationary Gas Turbine or Internal Combustion Engine||CN-1402 (APC 5)|
|Storage Tanks||CN-1403 (APC 6)|
|Incineration||CN-1404 (APC 7)|
|Printing Operations||CN-1405 (APC 8)|
|Painting and Coating Operations||CN-1406 (APC 9)|
|Miscellaneous Processes||CN-1407 (APC 10)|
|Control Equipment - Miscellaneous||CN-1408 (APC 11)|
|Control Equipment - Adsorbers||CN-1409 (APC 13)|
|Control Equipment - Catalytic or Thermal Oxidation||CN-1410 (APC 14)|
|Control Equipment - Cyclones / Settling Chambers||CN-1411 (APC 15)|
|Control Equipment - Wet Collection Systems||CN-1412 (APC 17)|
|Control Equipment - Baghouses / Fabric Filters||CN-1413 (APC 18)|
|Compliance Certification - Monitoring and Reporting
Description of Methods Used for Determining Compliance
|CN-1414 (APC 19)|
|Compliance Demonstration by Continuous Emissions Monitoring||CN-1415 (APC 20)|
|Compliance Demonstration by Portable Monitors||CN-1416 (APC 21)|
|Compliance Demonstration by Monitoring Control System Parameters
or Operating Parameters of a Process
|CN-1417 (APC 22)|
|Compliance Demonstration by Monitoring Maintenance Procedures||CN-1418 (APC 23)|
|Compliance Demonstration by Stack Testing||CN-1419 (APC 24)|
|Compliance Demonstration by Fuel Sampling and Analysis||CN-1420 (APC 25)|
|Compliance Demonstration by Recordkeeping||CN-1421 (APC 26)|
|Compliance Demonstration by Other Method(s)||CN-1422 (APC 27)|
|Emissions from Process Emission Source / Fuel Burning / Installation / Incinerator||CN-1423 (APC 28)|
|Emission Summary for the Sources Contained in this Application||CN-1424 (APC 29)|
|Current Emissions Requirements and Status||CN-1425 (APC 30)|
|Compliance Plan and Compliance Certification||CN-1426 (APC 31)|
|Air Monitoring Network||CN-1427 (APC 32)||N/A|
|Stage I and Stage II Vapor Recovery||CN-1428 (APC 33)|
|Open Burning||CN-1429 (APC 34)||N/A|
|Application Completeness Check List||CN-1430 (APC 35)||N/A
How Will My Application Be Processed?
The Division makes a completeness determination within 60 days of receipt of an application. Once a company's application is determined to be complete and a review of the application is made, a draft permit is prepared. The draft permit is then subject to review by the public, affected states, and EPA. A notice giving general information about the permit will be published in a local newspaper. This notice will afford the public an opportunity to (a) comment on the proposed permit and (b) request a public hearing on the permit. The Division is required to take final action on complete applications within 18 months of the date of their submittal, except for initial Title V permit applications. The normal duration of an operating permit is five (5) years.
What Fees Are Required?
Application Fees: None
Annual Emission Fees: Title V major sources are required to pay annual emission fees for each ton of regulated air pollutant except carbon monoxide. Upon submission of the operating permit application, major sources are required to declare their fee choice: allowable emissions based fees, actual emissions based fees, or a combination thereof. The Current rates for non-electric utility generating units (EGUs) $32.50 per ton of allowable emissions and $43 per ton of actual emissions (excluding carbon monoxide); for EGUs, $39 per ton of allowable emissions and $49.50 per ton of actual emissions. A minimum fee of $7,500 if the calculated fees are less than that amount. An emission cap of 4,000 tons per year per regulated pollutant per major source SIC code applies to actual- or allowable-based emission fees.
The fee rate is reviewed annually and is determined by a workload analysis performed by the Division of APC for Title V related work.
What Are My Rights And Responsibilities After The Permit Is Approved?
The air contaminant source must be operated in accordance with the terms of the permit. Administrative changes such as correcting typographical mistakes do not require public comment, but significant changes to the permit must follow the applicable public participation process.
Title V permittees are responsible for record-keeping, monitoring, submitting semi-annual reports, and submitting annual certifications of compliance with all terms of the permit.
What Are The Division's Rights And Responsibilities After The Permit Is Approved?
The Division of Air Pollution Control is responsible for protecting Tennessee's air quality. Requiring a source (or a business) to obtain an operating permit ensures that any existing, new, modified, replaced or relocated source complies with all air pollution emission standards and will not have a detrimental impact on human health or the environment.
The Division has the right to conduct routine inspections as deemed necessary. The Division may suspend or revoke any operating permit if the permit holder fails to comply with the provisions, stipulations or compliance schedules specified in the permit. The Tennessee Air Quality Act provides for civil penalties of up to $25,000 per day for each day of violation.
EPA can object to the issuance of a permit, and there also are mechanisms in place for any person to petition the EPA Administrator to object to a permit. Any person initially may also seek administrative review of a Title V permit before the Board and, later, judicial review in Chancery Court.
Can a Title V Permit be Modified?
There are several ways to modify existing Title V permits:
- 502(b)(10) changes
- Title V Administrative Amendments
- Title V Minor Modifications
- Title V Significant Modifications
- Reopening for Cause
Whom Do I Contact For Applications, Assistance And Other Sources Of Information?
For air contaminant sources located in Davidson, Hamilton, Knox or Shelby counties (excluding state-owned facilities), the applicant must contact and obtain a permit from the applicable county air permit agency. For all other counties, applications and assistance can be obtained by contacting the Division or by calling 1-888-891-TDEC.
In addition, applicants may call the following centers for assistance:
- University of Tennessee Center For Industrial Services - (615) 532-8657
- EPA Air Quality Planning and Permits - (919) 541-2777
- EPA Air Toxic Control Technology - (919) 541-0800
Applicants may refer to the following publications for further information:
- TN Dept. of Economic and Community Development: Air Permitting of Industrial Facilities in Tennessee
- TDEC Rule 1200-03-09-.02: Air Pollution Control Regulations - Major Stationary Source Operating Permits
- TDEC Rule 1200-03-09-.04: Air Pollution Control - Exemptions
- 40 CFR §60: Standards of Performance for New Stationary Sources
- 40 CFR §61: National Emission Standards for Hazardous Air Pollutants
- 40 CFR §63: National Emission Standards for Hazardous Air Pollutants for Source Categories