Environmental Permits Handbook
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:
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.
All applicants must submit a Major Source Operating Permit Application (Form CN-1007). The following information is needed to complete the application:
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.
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.
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.
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.
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.
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 Tennessee Environmental Assistance Center - just call 1-888-891-TDEC.
In addition, applicants may call the following centers for assistance:
Applicants may refer to the following publications for further information: