Non-Title V Operating Permits
Federal Air Rules for Reservations (FARR)
Regional Tribal Air Information
The Federal Air Rules for Reservations establishes a Non-Title V Operating Permit program for sources located on Indian Reservations in Idaho, Oregon and Washington. This rule allows owners and operators of air pollution sources to apply for a permit that sets federally-enforceable limits on the source's emissions (or potential emissions), and to maintain the source’s minor operating permit status. Operating permits with these types of conditions are often referred to as synthetic minor permits. Read more: FARR Rule for Non-Title V Operating Permits Fact Sheet (PDF) (2pp. 33K)
Who is eligible for a permit?
On this page:
- Owners and operators of air pollution sources within one of the Indian reservations in Idaho, Oregon or Washington specified in the FARR who want to establish federally-enforceable limits on the source’s actual or potential emissions.
- Any air pollution source that EPA determines needs additional federally-enforceable requirements to make sure Implementation Plan requirements are met.
- Any air pollution source that EPA determines needs a federally-enforceable condition to make sure National Ambient Air Quality Standards (NAAQS) or Prevention of Significant Deterioration (PSD) increments are met.
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Am I required to get a FARR Non-Title V permit for my business?
No. This rule allows owners and operators of air pollution sources to get a permit that sets federally-enforceable limits on the source's emissions (or potential emissions), and to maintain the source’s minor operating permit status. Operating permits with these types of conditions are often referred to as synthetic minor permits.
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How do I apply?
Owners or operators of air pollution sources must submit an application to EPA. EPA must determine if the application is complete within 60 days of receiving the application. If the application is complete, we will prepare a draft permit to operate. If the application is not complete, the application and a description of the additional information needed will be returned to the owner or operator. All applications must include a certification signed by the owner or operator testifying to the truth, accuracy, and completeness of the submittal.
Along with the draft permit, 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 owner or operator will have the opportunity to meet with EPA to discuss the draft permit and the draft technical support documents. We will also consult with the tribe.
A 30-day public comment period will be provided, and a copy of the permit application, draft permit, draft technical support document, and supporting information will be made available for review. We will also place a notice in local newspapers.
When the public comment period is over, EPA will review the comments and prepare a final permit and a final technical support document. These final documents will be provided to the owner or operator of the source and to those people who provided comments on the draft documents.
The owner or operator must provide the following information:
In some cases, EPA may require the owner or operator of an air pollution source to obtain an operating permit if we determine that federally-enforceable requirements are necessary to make certain that National Ambient Air Quality Standards (NAAQS) or Prevention of Significant Deterioration (PSD) increments are met. In such cases, we will notify the owner or operator in writing and may also require the owner or operator to provide any information that is necessary for a permit to operate. The procedure for issuing this type of operating permit is the same as the procedure described above for a permit that is requested by the owner or operator through a permit application.
- 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
- proposed testing and monitoring to show that the proposed limitations are met
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When did the rule take effect?
This rule was effective June 7, 2005. The rule was published in the Federal Register on April 8, 2005 (67 FR 18074).