['Air Programs']
['Air Permitting']
10/01/2024
...
Title V of the federal Clean Air Act (CAA) creates an operating permits program that is implemented by the states.
Scope
The EPA ‘s final implementing regulation for the operating permits program defines the minimum elements of California district operating permit programs. However, some of these elements may be revised in subsequent rulemakings.
California air districts, which are authorized to issue permits to stationary sources by the California Health and Safety Code, are required to develop and submit to the U.S. EPA operating permit programs for approval.
Regulatory citations
40 CFR 70-71
H&SC Section 42310
Definitions
"Administrative permit amendments" include minor name changes and typographical errors and they can be made immediately upon submittal of the amendment request.
Affected source means any stationary, area, or mobile source of a criteria pollutant(s) to which an economic incentive program applies. This term applies to sources explicitly included at the start of a program, as well as sources that voluntarily enter (i.e., opt into) the program.
"Major sources" are defined as a stationary source or group of stationary sources that emit or have the potential to emit 10 tons per year or more of a hazardous air pollutant or 25 tons per year or more of a combination of hazardous air pollutants.
"Minor permit modifications" generally include changes that only result in de minimis emissions increases, as long as the changes do not constitute a modification under Title I of the CAA, and they can be made after the U.S. EPA has reviewed the permit revision application and proposed permit.
"Significant modifications" are all other permit modifications and are subject to the same review procedures as for initial permit issuance.
Summary of requirements
In general, the sources that must submit applications include the following:
- Any "major source" under the general definitions in the CAA,
- Any "affected source" under the acid rain requirements of Title IV of the CAA, or
- Any solid waste incinerator subject to Section 129(e) of the CAA, Any source in a source-category designated by rule of the U.S. EPA.
Owners or operators of sources required to obtain Title V operating permits, are required to prepare and submit applications within one year after the EPA approved the state / district program. However, in California, many districts require applications from certain sources earlier (within three or six months of program approval).
The permit applications contain descriptions of emissions points, emissions rates, and a range of other types of emissions-related information as required by the district; a description (or citation) of all applicable federal (air pollution control) requirements, including test methods for determining compliance; any exemptions from otherwise applicable federal requirements; a compliance plan for all sources; proposed methods for certifying compliance and a statement of the source's compliance status; a certification statement; and other information.
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