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The operating permits program (Title V of the Clean Air Act) requires EPA to promulgate regulations governing the establishment of state operating permit programs. In the operating permits program, major sources include those that have a potential to emit 100 tons per year of a regulated air pollutant. Major sources also include facilities that have the potential to emit lesser amounts of air pollutants if they are located in areas not meeting the national ambient air quality standards for a particular pollutant. Many of the sources are large facilities, such as petroleum refineries and chemical plants. Other sources can be smaller, such as gasoline filling stations, dry cleaning operations, and paint spray booths.
There are two types of permits: construction permits and operating permits. Construction permits are required for all new stationary sources and all existing stationary sources that are adding new emissions units or modifying existing emissions units. Operating permits (also known as Title V permits) are required for all major stationary sources. Some local agencies also require operating permits for minor sources.
Air quality permits are legally binding documents that include enforceable conditions with which the source owner/operator must comply. Some permit conditions are general to all types of emission units and some permit conditions are specific to the source. Overall, the permit conditions establish limits on the types and amounts of air pollution allowed, operating requirements for pollution control devices or pollution prevention activities, and monitoring and record keeping requirements.
A source that violates one or more enforceable permit condition(s) is subject to an enforcement action including, but not limited to, penalties and corrective action. Enforcement actions can be initiated by the local permitting authority, EPA or in many cases, citizens.
What’s the difference between a Title V operating permit and a New Source Review permit?
A Title V permit grants a source permission to operate. The permit includes all air pollution requirements that apply to the source, including emissions limits and monitoring, record keeping, and reporting requirements. It also requires that the source report its compliance status with respect to permit conditions to the permitting authority. Title V permits must be renewed every five years.
A New Source Review (NSR) permit is a pre-construction permit. An NSR permit authorizes the construction of new major sources of air pollution or major modifications of existing sources. NSR permits require the installation and maintenance of pollution control devices. Large sources in polluted areas must reduce pollution or buy credits from another company that has reduced its emissions. New Source Review permits can expire if they are not used within a certain amount of time. The expiration time varies according to local regulations.