['Air Programs']
['Air Permitting']
10/01/2024
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Title V permits are also called operating permits. Operating permits are:
- Legally-enforceable documents that are intended to improve compliance by clarifying what facilities need to do to control air pollution;
- Issued to all major sources and a smaller number of area sources, minor sources, or non-major sources;
- Most often issued by state or local agencies (Clean Air Act Part 70 permits), while a small number are issued by federal EPA (Clean Air Act Part 71 permits).
Other air permits may also be required (e.g., Preconstruction permits, NSR permits).
Scope
One of the main purposes of the Title V permit is to include in one document all of the air emission requirements that apply to a single facility. Common elements in a Title V permit include:
- Emissions limits
- Recordkeeping and reporting requirements
- Compliance schedule
- Violation notification requirements
- Monitoring/compliance verification
Regulatory citations
Key definitions
- Emissions allowable under the permit: A federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
- Emissions unit: Any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act.
- Final permit: The version of a Part 71 permit issued by the permitting authority that has completed all review procedures.
- Fugitive emissions: Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
- General permit: A Part 71 permit.
- Permit modification: A revision to a Part 71 permit.
- Permit program costs: All reasonable (direct and indirect) costs required to administer an operating permits program.
- Permit revision: Any permit modification or administrative permit amendment.
- Permitting authority: One of the following:
- The Administrator, in the case of EPA-implemented programs;
- A delegate agency authorized by the Administrator to carry out a Federal permit program under this part; or
- The State air pollution control agency, local agency, other State agency, Indian Tribe, or other agency authorized by the Administrator to carry out a permit program under 40 CFR Part 70.
- Proposed permit: The version of a permit that the delegate agency proposes to issue and forwards to the Administrator for review.
- Regulated air pollutant:
- Nitrogen oxides or any volatile organic compounds;
- Any pollutant for which a national ambient air quality standard has been promulgated;
- Any pollutant that is subject to any standard promulgated under section 111 of the CAA;4. Any Class I or II substance subject to a standard promulgated under or established by title VI of the CAA; or4. Any pollutant subject to a standard promulgated under section 112 of the Act or other requirements established under section 112 of the CAA, including sections 112 (g), (j), and (r) of the CAA, including the following:
- Any pollutant subject to requirements under section 112(j) of the CAA. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the CAA, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the CAA; and
- Any pollutant for which the requirements of section 112(g)(2) of the CAA have been met, but only with respect to the individual source subject to section 112(g)(2) requirements.
- Stationary source: Any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any listed pollutant.
- Subject to regulation: For any air pollutant, that the pollutant is subject to either a provision in the CAA, or a nationally-applicable regulation, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:
- Greenhouse gases (GHGs), the air pollutant defined in 86.1818-12(a) of this chapter as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation unless, as of July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CO2 equivalent emissions.
Summary of requirements
- Determine if an operating permit applies to your facility or activity
- Obtain an operating permit
- Operate according to the terms in the permit
- Certify at least annually that your facility is in compliance with the permit requirements.
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