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Title V is a Federally-mandated operating permit program for major sources of air pollution. The Title V permitting program is administered by the San Joaquin Valley Air Pollution Control District (District) in the San Joaquin Valley
Background
The 1990 federal Clean Air Act Amendments (CAAA) required the Environmental Protection Agency (EPA) to establish a national, federally enforceable operating permit program. Accordingly, EPA promulgated Title 40 of the Code of Federal Regulations, Chapter 1, Part 70 which requires each state or local permitting authority to develop and submit a federally enforceable facility operating permit program for EPA approval. This operating permits program is called Title V.
Title V is intended to further facilitate and enhance air quality planning, emission controls, compliance, and improve existing emission inventories. In addition to the existing regulations, Title V is intended to provide:
- EPA veto authority over permit issuance,
- Greater opportunity for federal and citizen enforcement,
- Enhanced public participation during the permit issuance process,
- Clearer determination of applicable requirements, and
- Improved enforceability of applicable requirements.
The District adopted Rule 2520 Federally Mandated Operating Permits on June 15, 1995 to meet the requirements of Part 70. Rule 2520 incorporates the Title V permitting program into the District’s existing comprehensive permit program. The District rule also requires all Title V facilities to submit a Title V renewal application every five years.
The District concurrently adopted Rule 2530 Federally Enforceable Potential To Emit so that major sources with very low actual emissions may delay implementation of Title V. Sources with potential emissions above the major source thresholds but with actual emission less than ½ of the major source threshold may remain exempt from Title V provided they maintain records to demonstrate their low actual emissions.
District Rule 3010 Permit Fee requires every Title V permit holder to pay an annual fee for each emissions unit (with these fees detailed in Rule 3020 Permit Fee Schedules). The rule also requires the District to charge an evaluation fee based on the staff hours expended and an average weighted labor rate for any action on a Title V permit including processing initial permits, renewals, or any subsequent modifications.
Who Needs A Title V Permit?
District Rule 2520 identifies which major sources must obtain a Title V operating permit. Generally, these sources consist of:
- Major stationary sources with potential to emit greater than 10 tons per year (tpy) of NOx or VOC, 100 tpy of CO, or 70 tpy of PM10 or SOx.
- Major toxic sources with potential to emit greater than 10 tpy of any single hazardous air contaminant or 25 tpy of any combined hazardous air contaminants.
- Any affected Acid Rain source under Title IV.
- Any other stationary source in a source category designated by rule by EPA.
District Rule 2530 allows major sources with actual emission levels below one half of the major source threshold to delay applying for a Title V permit until their actual emissions exceed that level.
Title V Application and Reporting Forms
The Title V application forms for the initial Title V permit and the renewal of a Title V permit are identical. They consist of a main application form, an actual emissions form, a potential to emit form, an insignificant activities form, a compliance plan form, and a compliance certification form.
The Title V modification form for administrative amendments, minor modifications, or significant modifications are identical, and must be accompanied by a compliance certification for modifications form. Permit changes that do not affect federally enforceable requirements may be requested by letter pursuant to Section 6.4.4 of Rule 2520.
The District recommends every Title V facility submit a facility-wide template UM-0-3 qualification form (TQF). This form significantly streamlines the process of identifying administrative requirements for a facility, and has been approved by the federal EPA, and is therefore not subject to further EPA review.
After a Title V permit is issued by the District, a facility must submit a Report of Required Monitoring (RRM) every six months. The facility must also submit an Annual Compliance Certification (ACC) report every year to the District and EPA Region 9. These requirements are further explained in a Compliance Assistance Bulletin (September 2015).
As a general guidance document regarding Title V compliance issues, review the Compliance Department’s COM 1142 policy, which discusses compliance-related issues associated with processing Title V and deviation reports.
Please note that all Title V compliance reports submitted must be accompanied by a Certification of Truth and Accuracy and must be signed by the designated responsible official.
All of these forms can be found on the District’s Title V forms webpage: Title V Permitting and Reporting
Public Participation
During the processing of initial and renewal of Title V permits, and significant modifications to Title V permits, the EPA, California Air Resources Board (CARB), and any interested member of the public are invited to review and comment on the proposed Title V permit. A public notice is printed in a local newspaper and on the District public notice website inviting comments for a 30-day period. EPA is given a 45-day comment period to review the proposed permit which runs concurrently with the public’s (and CARB’s) 30-day review period.
A public hearing of the draft permit may be held if requested by the public. If the EPA does not object to the District’s preliminary decision, any person may petition the EPA to object to the permit within 60 days of the close of EPA’s 45 day review period.
The District has posted a Title V Renewal Project Report that details the status of all Title V renewal applications.
The District has issued approximately 300 Title V permits to existing facilities. The District-issued Title V permit and engineering evaluations of compliance (statements of basis) are posted on the District public notice website, which is searchable by company name.
For further information on the District’s Title V program, please contact Errol Villegas at (559) 230-5900 or email at errol.villegas@valleyair.org.
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