Who Needs A Title V Operating Permit?

A Title V Operating Permit is required of companies that have operations involving a major air contaminant source.  These companies include the following:

• Facilities with the potential to emit 10 tons per year (tpy) of any
  hazardous air pollutant (HAP) or 25 tpy of any combination of
  HAPs or 100 tpy of any regulated air pollutant (PM¹⁰, SO₂, VOC,
  CO, NO_x, and Pb)
• Facilities subject to Acid Rain requirements under Title IV of the
  Clean Air Act
• Facilities with lower tpy limits in non-attainment areas

Presently, minor sources subject to New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) are deferred from the requirement to apply for a Title V Operating Permit.

What Information For Title V Permits Must I Provide?

All applicants must submit a Major Source Operating Permit Application. The following information is needed to complete the application:

• Facility identification information
• Description of processes and products
• Emissions of regulated air pollutants
• Fuels, fuel use, raw materials, production rates and operating schedules
• Information on air pollution control systems
• Certification of compliance with all applicable requirements
• Compliance methods for demonstration of compliance with applicable requirements

All existing Title V sources were required to submit Title V applications on or before August 28, 1997. Any source that becomes subject to this requirement must submit an application within the time specified on its construction permit.

Index of Forms	Index
Facility Identification	V.1
Operations and Flow Diagrams	V.2
Stack Identification	V.3
Fuel Burning Non-Process Equipment	V.4
Stationary Gas Turbines or Internal Combustion Engines	V.5
APC Form V.6, Storage Tanks	V.6
Incinerators	V.7
Printing Operations	V.8
Painting and Coating Operations	V.9
Miscellaneous Processes	V.10
Control Equipment - Miscellaneous	V.11
Condensers	V.12
Adsorbers	V.13
Catalytic or Thermal Oxidation Equipment	V.14
Cyclones/Settling Chambers	V.15
Electrostatic Precipitators	V.16
Wet Collection Systems	V.17
Baghouse/Fabric Filters	V.18
Compliance Certification Monitoring and Reporting - Description of Methods for Determining Compliance	V.19
Continuous Emissions Monitoring	V.20
Portable Monitors	V.21
Control System Parameters or Operating Parameters of a Process	V.22
Monitoring Maintenance Procedures	V.23
Stack Testing	V.24
Fuel Sampling and Analysis	V.25
Record Keeping	V.26
Other Methods	V.27
Emissions from Process Emissions Sources / Fuel Burning Installations / Incinerators	V.28
Emissions Summary for Facility or Source Contained in this Application	V.29
Current Emissions Requirements and Status	V.30
Compliance Plan and Compliance Certification	V.31
Air Monitoring Network	V.32
Stage I and II Vapor Recovery	V.33
Open Burning Permit	V.34

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How Will My Application Be Processed?

The Section makes a completeness determination within 60 days of receipt of an application. Once a company's application is determined to be complete and a review of the application is made, a draft permit is prepared. The draft permit is then subject to review by the public, affected states and EPA. A notice giving general information about the permit will be published in a local newspaper of general circulation. This notice will afford the public an opportunity to (a) comment on the proposed permit and (b) request a public hearing on the permit. The Section is required to take final action on complete applications within 18 months of the date of their submittal, except for initial Title V permit applications. The normal duration of an operating permit is three (3) to five (5) years.

What Fees Are Required?

Application Fees: None

Annual Permit Fee: $65.00 - $1,000.00 

Annual Emission Fees: Title V major sources are required to pay annual emission fees for each ton of regulated air pollutant except carbon monoxide. The fee is based on actual emissions. For the accounting year 2006, emission based fees were $27.00 per ton of allowable hazardous air pollutants and regulated air pollutants, excluding carbon monoxide. An emission cap of 4,000 tons per year per regulated pollutant applies to the emission fees.

The fee rate is reviewed annually by the Shelby County Air Pollution Control Board. The Board then makes a recommendation on changes to the County Commission.

What Are My Rights And Responsibilities After The Permit Is Approved?

The air contaminant source must be operated in accordance with the terms of the permit. Administrative changes, such as changing the name of the responsible company official would not require any public comment. An operating permit is not transferable from one owner to another. Any modification to the source requires a construction permit and re-opens the permit for public review.

Title V permittees are responsible for record-keeping, monitoring, submitting annual certified emission reports and certifying compliance.

What Are The Section's Rights And Responsibilities After The Permit Is Approved?

The Pollution Control Section is responsible for protecting Shelby County's air quality. Requiring a Source (or a business) to obtain an operating permit helps ensure that any existing, new, modified, replaced or relocated Source complies with all air pollution emission standards and will not have a detrimental impact on human health or the environment.

The Section has the right to conduct routine inspections as deemed necessary. The Section may suspend or revoke any operating permit if the permit holder fails to comply with the provisions, stipulations or compliance schedules specified in the permit. The Memphis Shelby County Air Code provides for civil penalties of up to $25,000 per day for each day of violation.

The State of Tennessee and/or EPA can object to the issuance of a permit, and there also are mechanisms in place for any person to petition the State of Tennessee and/or EPA Administrator to object to a permit. Any person initially may also seek administrative review of a Title V permit before the Shelby County Air Board, the State of Tennessee Air Board and later, judicial review in Chancery Court.

Whom Do I Contact For Applications, Assistance And Other Information?

For air contaminant sources located in Shelby county, the applicant must contact and obtain a permit from the Pollution Control Section.

In addition, applicants may call the following centers for assistance:
(Click on the name below for more information)

• Tennessee Small Business Assistance Program (800) 734-3619
• University of Tennessee Center For Industrial Services (615) 532-8657
• EPA Small Business Ombudsman / Asbestos (202) 554-1404
• EPA Air Quality Planning and Permits (919) 541-2777
• EPA Air Toxic Control Technology (919) 541-0800

Applicants may refer to the following publications for further information:

• TN Dept. of Economic and Community Development: Air Permitting of Industrial Facilities in Tennessee
• Memphis Shelby County Air Code
• 40 CFR §60: Standards of Performance for New Stationary Sources
• 40 CFR §61: National Emission Standards for Hazardous Air Pollutants
• 40 CFR §63: National Emission Standards for Hazardous Air Pollutants for Source Categories