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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) or 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 requrement must submit an application within the time specified on its construction permit.

Title V Application Forms

Form Description Number Form Instructions
Index of Air Pollution Control Forms CN-1397 (APC INDEX) PDF N/A
Facility Identification Form CN-1398 (APC 1) PDF PDF
Operations and Flow Diagrams CN-1399 (APC 2) PDF PDF
Stack Identification CN-1400 (APC 3) PDF PDF
Fuel Burning Non-Process Equipment CN-1401 (APC 4) PDF PDF
Stationary Gas Turbine or Internal Combustion Engine CN-1402 (APC 5) PDF PDF
Storage Tanks CN-1403 (APC 6) PDF PDF
Inceneration CN-1404 (APC 7) PDF PDF
Printing Operations CN-1405 (APC 8) PDF PDF
Painting and Coating Operations CN-1406 (APC 9) PDF PDF
Miscellaneous Processes CN-1407 (APC 10) PDF PDF
Control Equipment - Miscellaneous CN-1408 (APC 11) PDF PDF
Control Equipment - Adsorbers CN-1409 (APC 13) PDF PDF
Control Equipment - Catalytic or Thermal Oxidation CN-1410 (APC 14) PDF PDF
Control Equipment - Cyclones / Settling Chambers CN-1411 (APC 15) PDF PDF
Control Equipment - Wet Collection Systems CN-1412 (APC 17) PDF PDF
Control Equipment - Baghouses / Fabric Filters CN-1413 (APC 18) PDF PDF
Compliance Certification - Monitoring and Reporting Description of Methods Used for Determining Compliance CN-1414 (APC 19) PDF PDF
Compliance Demonstration by Continuous Emissions Monitoring CN-1415 (APC 20) PDF PDF
Compliance Demonstration by Portable Monitors CN-1416 (APC 21) PDF PDF
Compliance Demonstration by Monitoring Control System Parameters or Operating Parameters of a Process CN-1417 (APC 22) PDF PDF
Compliance Demonstration by Monitoring Maintenaince Procedures CN-1418 (APC 23) PDF PDF
Compliance Demonstration by Stack Testing CN-1419 (APC 24) PDF PDF
Compliance Demonstration by Fuel Sampling and Analysis CN-1420 (APC 25) PDF PDF
Compliance Demonstration by Recordkeeping CN-1421 (APC 26) PDF PDF
Compliance Demonstration by Other Method(s) CN-1422 (APC 27) PDF PDF
Emissions from Process Emission Source / Fuel Burning / Installation / Incinerator CN-1423 (APC 28) PDF PDF
Emission Summary for the Sources Contained in this Application CN-1424 (APC 29) PDF PDF
Current Emissions Requirements and Status CN-1425 (APC 30) PDF PDF
Compliance Plan and Compliance Certification CN-1426 (APC 31) PDF PDF
Air Monitoring Network CN-1427 (APC 32) PDF N/A
Stage I and Stage II Vapor Recovery CN-1428 (APC 33) PDF PDF
Open Burning CN-1429 (APC 34) PDF N/A
Application Completeness Check List CN-1430 (APC 35) PDF 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 three (3) to 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. The major source fee is based on allowable emissions until the Title V operating permit is issued. 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. For the accounting year July 1, 1996, to June 30, 1997, emission based fees were $15.80 per ton of allowable hazardous air pollutants and regulated air pollutants, excluding carbon monoxide. 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 adjusted annually and is determined by a work load analysis performed by the Division of APC for Title V related work. The allowable fee rate is set at 60% of the actual fee rate.

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 changing the name of the responsible company official would not require any public comment. An operating permit is not transferable from one owner to another. Any modification to the source requires a construction permit.

Title V permittees are responsible for record-keeping, monitoring, submitting annual certified emission reports and certifying compliance.

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:

Whom Do I Contact For Applications, Assistance And Other

For air contaminant sources located in Davidson, Hamilton, Knox or Shelby counties, 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 appropriate Environmental Field Office by calling 1-888-891-TDEC.

In addition, applicants may call the following centers for assistance:

» Tennessee Small Business Assistance Program - (800) 734-3619
» University of Tennessee Center For Industrial Services - (615) 532-8657
» EPA Small Business Ombudsman / Asbestos - (202) 554-1404
» 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 1200-3-9-.02: Air Pollution Control Regulations - Major Stationary Source Operating Permits
» TDEC Rule 1200-3-9-.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