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Air permitting: Who needs it?
Operating permits are legally enforceable documents that permitting authorities issue to air pollution sources after the source has begun to operate. This article discusses the kind of operating permit, called a Title V operating permit, that most large sources and some smaller sources of air pollution are required to obtain. This requirement comes from Title V of the Clean Air Act Amendments of 1990.
Most Title V permits are issued by state and local permitting authorities. These permits are often called part 70 permits because the regulations that establish minimum standards for state permit programs are found in the Code of Federal Regulations at 40 CFR 70. However, the U.S. EPA also issues Title V permits to sources in Indian country and in other situations, as needed. EPA-issued permits are called part 71 permits.
The purpose of Title V permits is to reduce violations of air pollution laws and improve enforcement of those laws. Title V permits do this by:
- Recording in one document all of the air pollution control requirements that apply to the source. This gives members of the public, regulators, and the source a clear picture of what the facility is required to do to keep its air pollution under the legal limits.
- Requiring the source to make regular reports on how it is tracking its emissions of pollution and the controls it is using to limit its emissions. These reports are public information, and you can get them from the permitting authority.
- Adding monitoring, testing, or record keeping requirements, where needed, to assure that the source complies with its emission limits or other pollution control requirements.
- Requiring the source to certify each year whether or not it has met the air pollution requirements in its Title V permit. These certifications are public information.
- Making the terms of the Title V permit federally enforceable. This means that EPA and the public can enforce the terms of the permit, along with the state.
Many states were issuing operating permits before Title V was enacted. Some states continue to issue these permits. These state operating permits are generally less comprehensive than part 70 permits.
Who needs to get an air permit?
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 are required for all major stationary sources. Some local agencies also require operating permits for minor sources.
Stationary source means a place or object from which pollutants are released and which does not move around. Stationary sources include power plants, gas stations, incinerators, houses etc.
Emissions units include all individual pieces of equipment that emit air pollutants at a stationary source. EPA regulations define an emissions unit as any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the Clean Air Act. Examples of common emissions units include stationary internal combustion engines, boilers or steam generators, combustion turbines, printing presses, solvent degreasers, and paint spray booths.
Major is a term used to determine the applicability of permitting regulations to specific sources. What constitutes a major source varies according to what type of permit is involved, the pollutant(s) being emitted, and the attainment designation of the area where the source is located. In general, a source is major if its emissions exceed certain thresholds that are defined in terms of tons per year. For example, under Title V of the Clean Air Act, any source that emits or has the potential to emit 100 tons per year or more of any criteria air pollutant is a major source and must obtain a Title V operating permit.
What’s in a permit?
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.
Who issues the permits?
Usually, the permit is issued by the state or local air pollution control agency responsible for the area where the source is located. In some cases, EPA is the permitting authority.
What are the costs involved in obtaining a permit?
For Title V permits, the law requires that permitting authorities charge sources annual fees that are sufficient to cover the permit program costs. Fees are structured so that sources that emit more air pollution pay more for their Title V permits than sources that emit less.
For New Source Review permits issued by EPA, there is no charge to sources. For NSR permits issued by state and local air pollution control agencies, fees vary according to the permitting authority’s regulations, which range from token to substantial amounts of money.
In addition to fees charged by permitting authorities, some sources may choose to hire consultants to help them prepare their permit applications and assist them throughout the permitting process.