Title V Permit Program Requirements Overview_______
Title V of the federal Clean Air Act (CAA), as amended in 1990, creates an operating permits program that is implemented by the states.
U.S. EPA Implementing Regulation
The United States Environmental Protection Agency (U.S. EPA) promulgated its final implementing regulation for the operating permits program in 40 CFR Part 70 (57 Federal Register 32250) on July 21, 1992. This regulation defines the minimum elements of California district operating permit programs. However, some of these elements may be revised in subsequent rulemakings.
Title V Operating Permit Programs
California air districts, which are authorized to issue permits to stationary sources by the California Health and Safety Code, were required to develop and submit to the U.S. EPA operating permit programs by November 15, 1993. Consulting with the California Air Pollution Control Officers Association (CAPCOA) Title V Task Force, the Air Resources Board (ARB) developed a model Title V operating permit program and rule. This model program and rule form the basis for many California district Title V operating permit programs.
- Provisions for permit applications and determination of the completeness of applications,
- The most recent presumptive minimum fee (per ton per year of each regulated air pollutant except carbon monoxide, and Consumer Price Index-adjusted) to cover permit program costs.
- Authority to issue permits containing required terms and conditions,
- Provisions to allow reasonable operating flexibility, specifically including authorization of changes by simply giving a minimum seven-day (many districts chose a 30-day) prior notice if the emissions allowable under the permit would not be exceeded and the proposed changes would not constitute a Title I (of the CAA) modification,
- Procedures for permit issuance, including opportunity for public comment, public hearing (upon request), and judicial review,
- Procedures for permit revisions, which vary according to the nature of the change involved, and
- Enforcement authorities, including civil and criminal penalties (up to $10,000 per day per violation of permit conditions or nonsubmittal of an application).
In general, the sources that must submit applications include the following:
- Any "major source" under the general definitions in the CAA,
- Any "affected source" under the acid rain requirements of Title IV of the CAA, or
- Any solid waste incinerator subject to Section 129(e) of the CAA,
- Any source in a source-category designated by rule of the U.S. EPA.
Owners or operators of sources required to obtain Title V operating permits, were required to prepare and submit applications within one year after the U.S. EPA approved the state / district program. However, in California, many districts required applications from certain sources earlier (within three or six months of program approval).
The permit applications contained: descriptions of emissions points, emissions rates, and a range of other types of emissions-related information as required by the district; a description (or citation) of all applicable federal (air pollution control) requirements, including test methods for determining compliance; any exemptions from otherwise applicable federal requirements; a compliance plan for all sources; proposed methods for certifying compliance and a statement of the source's compliance status; a certification statement; and other information.
Title V Documents
Title V Permits
40 CFR Part 70 State Operating Permit Programs
EKAPCD Rule 201.1 – Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 1990
EKAPCD Title V Forms
Title V Standard District Application_TVL-01
Title V Compliance Monitoring Report and Certification_TLV-02
NSR Compliance Certificate_TLV-03
Title V Deviation Reporting Form_TLV-04
40 CFR Part 64 Compliance Assurance Monitoring
Compliance Assurance Monitoring (CAM)_TVL-05
EKAPCD Responses to Tailoring Rule Request
For more Title V information check out the California Air Resources Board FCAA Title V Operating Permits Program web page at: http://www.arb.ca.gov/fcaa/tv/tvinfo/tvwebpag.htm