Title V Air Permitting

Overview of Title V Permit

Before understanding Title V of the Clean Air Act (CAA), it is important to understand the CAA. The CAA was created in 1970 by congress to help address the dense smog in many of larger cities and industrialized areas in the United States. Heavily revised in 1977 and 1990, the CAA became a method for the EPA to address large issues such as acid rain and ozone depletion.

Title V of the Clean Air Act establishes the Operating Permits Program, which serves as a regulatory framework for managing and monitoring air pollution from major stationary sources—such as manufacturing plants, refineries, and power plants. The program is implemented by state and local air permitting authorities with oversight from the U.S. Environmental Protection Agency (EPA). The goals are to safeguard air quality and minimize pollution increases from the growing number of industrial facilities, motor vehicles, and new or expanding emission points. Permits are typically issued over a five-year period and must be renewed prior to expiration, unless there are process updates or facility changes that trigger earlier reviews or modification.

The legal basis of Title V Operating Permits Program is found in Title V of the Clean Air Act codified as USC §§ 7661-7661f and CAA §§ 501-507.

What are Regulated Air Pollutants Under a Title V Permit?

Any pollutant subject to emissions limits under the National Ambient Air Quality Standards (NAQQs) is considered a regulated pollutant. Due to EPA’s various health-based standards established around them, these are often referred to as “Criteria Pollutants.” The overview of regulated categories of air pollutants include:

1. 1. Criteria Pollutants:
      1. Particulate Matter (PM)
      2. Sulfur Dioxide (SO2)
      3. Carbon Monoxide (CO)
      4. Nitrogen Oxide (NOX)
      5. Volatile Organic Compounds (VOCs)
      6. Lead
   2. Hazardous or Toxic Air Pollutants (HAPs): Full List can be found on EPA’s website (List of HAPs with Modifications)
   3. Chemicals that contribute to the depletion of the Ozone Layer

Who Needs a Title V Permit?

The EPA has created several different classifications for stationary sources that emit the regulated pollutants above. Each source determination is related to the stationary source’s potential to emit the regulated pollutants.* The source classifications determine the need for permitting (Title V or otherwise).

• • Major Sources
  • Area Sources (i.e. True Minor Sources)
  • Synthetic Minor Sources (Sometime Known As “Conditional Major Sources.”)

*A source’s potential to emit is not the same as what it actually does emit. Feel free to use the “contact us” button if you have facility specific questions regarding the difference between Potential to Emit, and Actual Emissions.

Major Sources

A major source is a facility that has the potential to emit large quantities of regulated pollutants. A major source, for the purposes of Title V applicability, is determined by the following thresholds for Potential Emissions:

• • Any One Individual HAP ≥ 10 tons/year
  • All HAPS Aggregated ≥ 25 tons/year
  • Each Criteria Pollutant ≥ 100 tons/year

If any one of the above criteria is met, the facility is considered a major source and Title V permitting is required. Note, some facilities that have the potential to emit as a major source but choose to voluntarily limit emissions are considered “Synthetic Minor Sources,” see below for more detail. Additionally, facilities that approach or exceed major source thresholds may also trigger additional permitting requirements and analysis:

• • Prevention of Significant Deterioration (PSD) – BACT Analysis
  • Non-Attainment New Source Review (NNSR) – LAER Analysis

True Minor Source (i.e. Area Source)

True Minor Source refers to stationary sources that emit or have potential to emit regulated New Source Review (NSR) pollutants below major source thresholds. In other words, they are sources that are not determined to be major and is a minor source that is not a synthetic minor source.

Synthetic Minor (i.e. Conditional Major)

A synthetic minor (i.e. Conditional Major) source is a stationary source that has the potential to emit regulated NSR pollutants at or above major thresholds but avoids Title V by adding controls or limiting operations. These emission limits are legally enforceable and keep the source below Title V levels.

Title V Air Permit Application Process

The timeline for securing a Title V permit can span several years from project conception to issuance. It is important to account for the permitting process and associated timelines early in project planning, especially those with potential air emissions. Title V applicability thresholds and approval timelines may vary by state, local regulations, and nonattainment area classifications.

The general Title V permitting process follows:

1. 1. Pre-Application Preparation: Determine applicability and gather compliance data
   2. Application Submission:
      1. Department notifies applicants within 60 days if incomplete
      2. Applications must be submitted within 12 months after becoming subject to Title V rules
   3. Permit Draft Development:
      1. Permitting authority prepares draft and fact sheet explaining rationale for issuance/denial
      2. Sent to EPA for review and made available for public review (detailed below)
   4. Public Participation: Before permit issuance, renewal, or significant modification, the public has a minimum of 30 days comment period (public hearing available upon request)
   5. EPA Review 45-Day Review
      1. Sequential Review – The public comment period is completed before proposed permit is sent to EPA
      2. Parallel (or “Concurrent”) Review – EPA review period happens with public comment period, often used when comments are not anticipated
      3. After EPA review, the 60-day citizen petition period begins
   6. Final Permit Issuance: Acceptance or Denial
   7. Compliance & Permit Renewal
      1. Title V permits are typically valid for 5 years
      2. Facilities must submit periodic monitoring reports and annual compliance certifications
      3. Renewal applications are generally due 6-18 months before permit expiration, but varies upon state rules