Title V operating permits: what they require

What Title V is

Title V of the Clean Air Act requires operating permits for major sources and certain other sources. States run approved programs under 40 CFR Part 70; EPA issues permits under 40 CFR Part 71 where it administers the program.

A Title V permit generally does not create new emission limits. It gathers every applicable requirement for the facility, from construction permits, state rules, NSPS, NESHAP, and other programs, into one enforceable document, and adds the monitoring, recordkeeping, and reporting needed to show compliance.

Who needs one

Applicability is set at 40 CFR 70.3 and in each state's approved program. Major sources are the core group; other sources can be covered, for example some sources subject to NSPS or NESHAP, unless the rule exempts or defers them. The definition of major source is at 40 CFR 70.2.

What is in the permit

Permit content is set at 40 CFR 70.6. Expect:

• Emission limits and standards, each tied to its underlying requirement
• Monitoring, including periodic monitoring where the underlying rule has none
• Recordkeeping and reporting requirements
• A fixed permit term (see 40 CFR 70.6(a)(2)) and renewal requirements
• A permit shield, where the agency grants one

Ongoing obligations

Title V permittees submit periodic monitoring reports and an annual compliance certification signed by a responsible official, and report deviations promptly as the permit defines. Frequencies and due dates come from the permit and 40 CFR 70.6; put each one on a compliance calendar with an owner.

Getting organized

Most Title V problems are tracking problems. Break the permit into individual conditions, assign each an owner and a due date, and keep the evidence. The Permit Condition Tracker template and the Compliance Calendar are built for this.