Frequently asked questions about air permits
Who needs to get an air permit?
There are two types of permits: construction permits and operating
permits. Construction permits are required for all new stationary
sources* and all existing stationary sources that are adding new emissions
units* or modifying existing emissions units. Operating permits (also
known as Title
V permits*) are required for all major*
stationary sources. Some local agencies also require operating permits for
minor sources.
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What's in a permit?
Air quality permits are legally binding documents that include enforceable
conditions with which the source owner/operator must comply. Some permit
conditions are general to all types of emission units and some permit conditions
are specific to the source. Overall, the permit conditions establish limits
on the types and amounts of air pollution allowed, operating requirements
for pollution control devices or pollution prevention activities, and monitoring
and record keeping requirements.
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Who issues the permits?
Usually, the permit is issued by the state
or local air pollution control agency* responsible for the area where
the source is located. In some cases, EPA is the permitting authority.
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What are the costs involved in obtaining a permit?
For Title V permits, the law requires that permitting authorities charge
sources annual fees that are sufficient to cover the permit program costs.
Fees are structured so that sources that emit more air pollution pay more
for their Title V permits than sources that emit less.
For New
Source Review* permits issued by EPA, there is no charge to sources.
For NSR permits issued by state and local air pollution control agencies,
fees vary according to the permitting authority's regulations, which range
from token to substantial amounts of money.
In addition to fees charged by permitting authorities, some sources may
choose to hire consultants to help them prepare their permit applications
and assist them throughout the permitting process.
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How long does it take to get a permit?
The amount of time it takes to get a permit varies according to many
factors, including what type of permit it is, its complexity, who the permitting
authority is, how controversial the project is, and whether the permit is
appealed after issuance. A New Source Review permit issued by EPA takes
between six months and one year. The time frame for NSR permits issued by
state and local air pollution control agencies varies, and is often specified
in local regulations. In California, state law requires agencies to issue
NSR permits within 180 days.
For Title V, federal regulations say that a permitting authority must
issue all of its permits within three years of the date that the agency's
Title V program became effective. One third of the total number of permits
are supposed to be issued each year. However, most agencies are behind
schedule. In addition, issuance can be delayed if EPA, on its own initiative
or as a result of a citizen request, objects to a permit. Thus the amount
of time it takes to get a Title V permit depends on agency specific time
frames and circumstances that are often beyond the applicant's control.
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How often do permits need to be renewed?
Title V permits must be renewed every five years. New Source Review
permits can expire if they are not used within a certain amount of time.
The expiration time varies according to local regulations. If EPA issues
a permit, sources must commence construction within 18 months of permit
issuance. If construction does not commence within 18 months, the permit
expires. Once construction begins, and if construction is completed in a
reasonable time, the permit lasts indefinitely and does not have to be renewed.
If a state or local air pollution control agency issues the permit, the
source must commence construction within the time frame established by the
permitting authority's regulations, which ranges from 12 to 24 months. As
with EPA-issued permits, once construction begins the permit lasts indefinitely
and does not have to be renewed. Note that in some state and local regulations,
NSR permits expire when a Permit to Operate is issued.
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If laws change, do permits need to be revised?
If laws change and additional requirements under the Clean Air Act
become applicable to a source with a Title V permit, the permit must be
revised. If three or more years remain prior to the expiration of the Title
V permit, the permit must be reopened and revised. If two years or less
remain, the changes can be made when the permit is renewed, at the end of
its five year term.
In the New Source Review world, permits are "grandfathered", and do
not need to be revised if laws change.
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How does the public benefit from permits?
Permits contain specific requirements for facilities to operate pollution
control equipment, monitor and limit pollution emissions, and report violations.
The primary benefit to the public is that air permits limit the amount of
air pollution allowed at a stationary source. For pre-construction permits,
federal law does not allow a source owner/operator to construct (or modify)
a stationary source unless they can demonstrate that the project will not
cause or contribute to a violation of the National Ambient Air Quality Standards.
Furthermore, source owner/operators are required to provide the public notice
of their proposed construction.
For operating permits (Title V permits), a major source owner/operator
is required to compile all applicable air pollution requirements at their
source (e.g., existing permit conditions, SIP requirements) for purposes
of obtaining one comprehensive permit (Title V permit). This process also
includes public review of the proposed operating permit. Permits are enforceable
documents. The public and the permitting authority may take action if
a source fails to comply with its permit
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What's the difference between a Title V operating permit and a New Source
Review permit?
Title V of the 1990 Clean Air Act Amendments requires all major
sources* and some minor sources of air pollution to obtain an operating
permit. A Title V permit grants a source permission to operate. The permit
includes all air pollution requirements that apply to the source, including
emissions limits and monitoring, record keeping, and reporting requirements.
It also requires that the source report its compliance status with respect
to permit conditions to the permitting authority.
A New Source Review (NSR) permit is a pre-construction permit. An NSR
permit authorizes the construction of new major sources of air pollution
or major modifications of existing sources. NSR permits require the installation
and maintenance of pollution control devices. Large sources in polluted
areas must reduce pollution or buy credits from another company that has
reduced its emissions.
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What is the role of EPA and the Public in the Title V Permitting Process?
Title V of the 1990 Clean Air Act Amendments requires all major
sources* and some minor sources of air pollution to obtain an operating
permit. A Title V permit grants a source permission to operate. The permit
includes all air pollution requirements that apply to the source, including
emissions limits and monitoring, record keeping, and reporting requirements.
It also requires that the source report its compliance status with respect
to permit conditions to the agency that issued the permit, and if the permit
is issued by a state
or local agency*, EPA.
Every proposed Title V permit has a 30 day public
comment period and a 45 day EPA review period. The public and EPA review
periods may start at the same time, which can speed up the permit issuance
process. When EPA reviews a Title V permit (the large number of permits
precludes EPA from reviewing every permit), it provides comments to the
state or local permitting authority on ways to improve the permit and
changes that must be made before the permit can be issued.
If EPA determines that the proposed permit does not assure compliance
with applicable requirements or the requirements of part 70 (EPA's regulations
that implement Title V), the agency will object to the issuance of the
permit during its 45 day review period. If EPA objects to a permit, the
permitting authority has 90 days to revise the permit and make the corrections
requested by EPA. If the air agency fails to do this, EPA becomes the
permitting authority and issues or denies the permit.
In cases where EPA does not object to a permit, any member of the public
may petition EPA to object to the permit within 60 days of the end of
the EPA review period. The petition must be based on issues that were
raised during the public comment period, unless it was not practical to
raise these issues during the public comment period or grounds for objection
arose after the public comment period.
Draft permits and permit applications are available from the state or
local agency responsible for issuing the permit or, in the case where
EPA is issuing the permit, from the EPA Regional office. Members of the
public may request that the state or local agency include them on their
public notice mailing list.
Title V benefits states, EPA, industry and the public by clarifying
which requirements apply to a source, and whether the source is complying
with them. These requirements are clearly stated in a single document,
the Title V permit, which simplifies compliance. Greater source accountability
and more effective enforcement should result, leading to improvements
in air quality.
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There are two ways that an air agency in Region 9 can get the authority
to issue PSD permits. An agency may submit PSD rules to EPA for approval
into the State Implementation
Plan (SIP). Or EPA may delegate PSD authority to an agency via a PSD
Delegation Agreement. The following list summarizes PSD authority in Region
9.
Arizona
| Agency |
Effective Date |
| Arizona Dept. of Environmental Quality |
5/3/83 (SIP)
3/12/99 (Delegation for PM-10) |
| Maricopa County Environmental Services |
11/22/93 (Delegation) |
| Pima County Dept. of Environmental Quality |
4/14/94 (Delegation) |
| Pinal County Air Quality Control District |
4/9/96 (SIP) |
California
| Agency |
Effective Date |
| Mendocino County Air Pollution Control District |
8/30/85 (SIP) |
Monterey Bay Unified Air Pollution Control District
Monterey County
San Benito County
Santa Cruz County |
7/11/96 (SIP)
|
North Coast Unified Air Quality Management District
Humboldt County
Del Norte County
Trinity County |
8/30/85 (SIP)
|
| Northern Sonoma County Air Pollution Control District |
8/30/85 (SIP) |
| Sacramento Metro Air Quality Management District |
7/19/85 (SIP) |
Hawaii
| Agency |
Effective Date |
| Hawaii Department of Health |
8/15/83 (Delegation)
revised 1/5/89 |
Nevada
| Agency |
Effective Date |
| Clark County Department of Air Quality Management |
6/21/82 (SIP) |
| Nevada Division of Environmental Protection |
6/3/03 (Partial Delegation) |
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How can the public participate in this process?
Public notice of proposed permitting actions is published in local
newspapers. Permit applications and permits are available to the public.
Contact your state or local air pollution control agency or EPA for information
on access to these documents.
All Title V permits, and all NSR permits for major sources, have a public
comment period, during which anyone can submit written comments on
the proposed permits. In many cases, any member of the public may request
a public hearing to discuss issuance of a particular permit. In addition,
the public may petition EPA to object to the issuance of a Title V permit.
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What happens if a source violates its permit?
A source that violates one or more enforceable permit condition(s)
is subject to an enforcement action including, but not limited to, penalties
and corrective action. Enforcement actions can be initiated by the local
permitting authority, EPA or in many cases, citizens.
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