The Rule for Non-Title V Operating Permits establishes an operating permit program for owners and operators of air pollution sources that sets federally-enforceable limits on the source’s emissions or potential emissions.
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What does this rule do?
The Rule for Non-Title V Operating Permits establishes an operating permit program for owners and operators of air pollution sources that sets federally-enforceable limits on the source’s emissions or potential emissions.
Fact Sheet on Rule for Non-Title V Operating Permits (PDF) (2pp, 33K, About PDF)
Why is this rule important?
Owners or operators of air pollution sources that were not regulated previously within Indian reservations covered by the FARR may wish to seek an operating permit. This permit would establish federally-enforceable limits on the source’s emissions or potential to emit and would maintain the source’s minor operating permit status. Operating permits with these types of conditions are often referred to as synthetic minor permits.
The rule also provides EPA with a way to make certain that federally-enforceable requirements can be implemented if necessary to make sure that national ambient air quality standards (also called NAAQS), or prevention of significant deterioration (also called PSD), increments are met.
To whom does this rule apply?
This rule is for each of the 39 Indian reservations in Idaho, Oregon, and Washington specified in the FARR.
This rule applies to any owner or operator of an industrial or commercial air pollution source described below:
- The owner or operator of any air pollution source who wishes to set a federally-enforceable limit on the source’s actual emissions or on its potential to emit
- Any air pollution source that the EPA determines needs additional federally-enforceable requirements to make certain that Implementation Plan requirements are met
- Any air pollution source that the EPA determines needs a federally-enforceable condition to make sure that NAAQS or PSD increments are met.
What are the requirements of this rule?
An owner or operator of an air pollution source who wishes to set federally-enforceable limitations on the source’s emissions or potential to emit must submit an application to the EPA. The EPA will provide the application forms. Within 60 days of receiving the application, the EPA will determine if the application is complete. If the application is complete, the EPA will prepare a draft permit to operate. If the application is not complete, the application and a description of the dditional information needed will be returned to the owner or operator. All applications must include a certification signed by the source owner or operator testifying to the truth, accuracy, and completeness of the submittal.
Along with the draft permit to operate, the EPA will prepare a draft technical support document. This document will describe the proposed limitations and the effect of these limitations on the air pollution source’s actual emissions or potential to emit. Proposed limitations may include emissions limitations, production limitations, other operational limits, fuel or raw material specifications, and requirements for installing and operating emissions controls.
The EPA will provide a copy of the draft permit to operate and the draft technical support document to the owner or operator of the air pollution source. The owner or operator will have the opportunity to meet with EPA to discuss these documents. EPA will also consult with the tribe.
The EPA will provide the public with an opportunity to comment on the draft permit to operate. A copy of the permit application, draft permit, draft technical support document, and supporting information will be made available for the public to review. The EPA will also place a notice in local newspapers. A 30-day comment period will be provided. After this time, the EPA will review the comments and prepare a final permit to operate and a final technical support document. These final documents will be provided to the owner or operator of the air pollution source and to the people who provided comments on the draft documents.
The information that the owner or operator of the air pollution source must provide to the EPA includes facility identification information; contact information for persons responsible for source compliance; description of the proposed limitations and the effect of these limitations; identifying information for all emission units including a facility plot plan; descriptions and quantities of fuels and raw materials consumed at the source; the source operating schedule; estimates of total actual emissions; estimates of allowable emissions or potential to emit that would result from the proposed limitations; estimated efficiencies of air pollution control equipment; and proposed testing and monitoring to show that the proposed limitations are met.
In some cases, the EPA may require the owner or operator of an air pollution source to obtain an operating permit. The EPA may determine that federally-enforceable requirements are necessary to make certain that NAAQS and PSD increments are met. The EPA will notify the owner or operator in writing. The EPA may also require the owner or operator to provide any information that is necessary for a permit to operate.
The procedure for the EPA to issue this kind of operating permit is the same as the procedure described earlier for the EPA to issue a permit that is requested by the owner or operator through a permit application.
When does this rule take effect?
This rule is effective June 7, 2005. The final rule was published in the Federal Register on April 8, 2005 (67 FR 18074).
Where can I find information on non-Title V permits that have been issued?
Please see the Region 10 Air Permits website for Non-Title V Air Operating Permits.
How do I apply?
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