Air Quality State Operating Permit

Who Needs An Air Pollution Control State Operating Permit?

Unless specifically exempted, persons planning to operate an air contaminant source require an operating permit from the Tennessee Division of Air Pollution Control (APC). New Construction Permit applicants who are non-Title V sources are required to apply for a state operating permit within 30 days of startup. The 30-day period may be extended when stack sampling is required as a condition of the construction permit. Examples of air contaminant sources that are eligible for a state operating permit are small surface coating operations, small printing operations, and other minor sources.

Facilities that have the potential to emit more than 100 tons per year (tpy) of an air pollutant, 10 tpy of a hazardous air pollutant, and/or 25 tpy of a combination of hazardous air pollutants are not eligible for a state operating permit but must obtain a Title V Operating Permit.

Generally, farming equipment and mobile sources are not required to obtain operating permits from APC; however, there are provisions for inspection and maintenance of mobile sources in certain nonattainment areas.

What Information Must I Provide?

Applicants must submit the following items to the Division of APC:

  • Permit Application Form (Form CN-0730 - APC 100) requires the facility address and principal contact; the dates construction was begun and completed; and, for renewals, changes that have been made since issuance of the last permit (note - some changes to the source may require a new or revised construction permit, contact the Division if you have questions). If changes were made to the source that did not require a construction permit, the following applicable forms must also be submitted:
  • Process or Fuel Burning Source Description Forms (Form CN-0741 - APC 102) requires more detailed information about the manufacturing process such as process weight rate, operating schedule, material inputs, fuel type and amounts
  • Emission Point Description Forms (Form CN-0742 - APC 101) require emission inventory information. Any of the following applicable forms: (contact the Division of Air Pollution Control for information concerning applicable forms)

The following is a list of the forms available:

Non-Title V Form Description Form Number Instructions
Facility Identification CN-0730 (APC 100) PDF
Emission Point CN-0742 (APC 101) PDF
Process or Fuel Burning Source CN-0741 (APC 102) PDF
Incinerator Source CN-0743 (APC 103) PDF
Storage Tank CN-0744 (APC 104) PDF
Degreaser CN-0745 (APC 105) PDF
Oven Source CN-0746 (APC 106) PDF
Surface Coating CN-0747 (APC 107) PDF
Asphalt Plant Source CN-0748 (APC 108) PDF
Rock Crushing Source CN-0735 (APC 109) PDF
Dry Cleaner Source CN-1277 (APC 110) PDF
Concrete Batch Plant Source CN-0749 (APC 111) PDF
Coal Preparation Source CN-0750 (APC 112) PDF
Cyclone CN-0751 (APC 113) PDF
Gasoline Dispensing Facility CN-1001 (APC 114) PDF
Proposed Schedule of Corrective Action CN-1052 (APC 115) N/A
Cotton Gin Description CN-1396 (APC 116) N/A

 

Title V Form Description Form Number Instructions
Responsible Official Signature Form CN-1397 (APC Index) N/A
Facility Identification Form CN-1398 (APC 1) PDF
Operations and Flow Diagrams CN-1399 (APC 2) PDF
Stack Identification CN-1400 (APC 3) PDF
Fuel Burning Non-Process Equipment CN-1401 (APC 4) PDF
Stationary Gas Turbine or Internal Combustion Engine CN-1402 (APC 5) PDF
Storage Tanks CN-1403 (APC 6) PDF
Incineration CN-1404 (APC 7) PDF
Printing Operations CN-1405 (APC 8) PDF
Painting and Coating Operations CN-1406 (APC 9) PDF
Miscellaneous Processes CN-1407 (APC 10) PDF
Control Equipment - Miscellaneous CN-1408 (APC 11) PDF
Control Equipment - Adsorbers CN-1409 (APC 13) PDF
Control Equipment - Catalytic or Thermal Oxidation CN-1410 (APC 14) PDF
Control Equipment - Cyclones / Settling Chambers CN-1411 (APC 15) PDF
Control Equipment - Wet Collection Systems CN-1412 (APC 17) PDF
Control Equipment - Baghouses / Fabric Filters CN-1413 (APC 18) PDF
Compliance Certification - Monitoring and Reporting
Description of Methods Used for Determining Compliance
CN-1414 (APC 19) PDF
Compliance Demonstration by Continuous Emissions Monitoring CN-1415 (APC 20) PDF
Compliance Demonstration by Portable Monitors CN-1416 (APC 21) PDF
Compliance Demonstration by Monitoring Control System Parameters
or Operating Parameters of a Process
CN-1417 (APC 22) PDF
Compliance Demonstration by Monitoring Maintenance Procedures CN-1418 (APC 23) PDF
Compliance Demonstration by Stack Testing CN-1419 (APC 24) PDF
Compliance Demonstration by Fuel Sampling and Analysis CN-1420 (APC 25) PDF
Compliance Demonstration by Recordkeeping CN-1421 (APC 26) PDF
Compliance Demonstration by Other Method(s) CN-1422 (APC 27) PDF
Emissions from Process Emission Source / Fuel Burning / Installation / Incinerator CN-1423 (APC 28) PDF
Emission Summary for the Sources Contained in this Application CN-1424 (APC 29) PDF
Current Emissions Requirements and Status CN-1425 (APC 30) PDF
Compliance Plan and Compliance Certification CN-1426 (APC 31) PDF
Air Monitoring Network CN-1427 (APC 32) N/A
Stage I and Stage II Vapor Recovery CN-1428 (APC 33) PDF
Open Burning CN-1429 (APC 34) N/A
Application Completeness Check List CN-1430 (APC 35) N/A

These forms are source specific. They require general information regarding the process and air contaminant source, descriptions of processes and equipment specifications, and

Generally, the complete application packet must be received by the APC Division within 30 days after startup of a new air contaminant source or within 60 days in advance of theexpiration of an existing permit.

How Will My Application Be Processed?

When the applications are submitted, the Division reviews them to determine completeness and compliance with all applicable air pollution control regulations. Generally, an operating permit is issued within two (2) to four (4) months. The normal duration of a State Operating Permit is nine (9) to ten (10) years.

What Fees Are Required?

Application Fees: None

Annual emission fees for most sources and a conditional major review fee for conditional major sources:

Major Sources (Title V)
Link to Chapter 1200-03-26 Administrative Fees Schedule

Minor Sources (under 100 tons)
The rate is $18.75 per ton allowable with sources less than 10 tons per year exempt from minor source fees, provided that such source has not taken a limitation on their permit that would render them a conditional major or synthetic minor source.

Minor source fees are based on the sum of allowable and/or actual emissions of all regulated pollutants at the source. An annual emission fee is not charged for carbon monoxide. All annual emission fees are due by the first day of the month that the fee is due (based on the county in which the source is located). An annual conditional major review fee is included in the annual emission fee for conditional major source. A conditional major source is a source that "opted out" of the Title V Operating Permit Program by limiting their emissions below the major source thresholds.

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 and any other applicable requirements from air pollution control regulations, including timely payment of annual emission fees. In the case of a denial, the applicant may appeal to the APC Board. An operating permit is not transferable from one owner to another. Any modification to the source requires a Construction Permit. Permit conditions may be appealed by filing a petition for reconsideration with the Technical Secretary.

Applicants are required to maintain and keep in good working condition any control devices. For renewals, the application must be submitted 60 days prior to expiration ofthe existing permit.

What Are The Division's Rights And Responsibilities?

The Division of APC has the right to conduct inspections as deemed necessary. The Division 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 Tennessee Air Quality Act provides for civil penalties of up to $25,000 per day for each violation.

The Division of APC is responsible for protecting the air quality of Tennessee. Requiring a source (or a business) to obtain an operating permit ensures that any existing, new, modified, replaced or relocated source complies with all air pollution emissions standards and will not have a detrimental impact on human health or the environment.

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

Air contaminant sources (excluding state-owned facilities) located in Davidson, Hamilton, Knox, or Shelby counties, the applicant must contact and obtain a permit from the applicable county air permit agency. Sources located in all other counties and all state-owned facilities, applications and assistance can be obtained from the Division of Air Pollution Control. The Small Business Environmental Assistance Program provides regulatory compliance assistance to small businesses through workshops and onsite visits.

In addition, applicants may call the following offices for assistance:

How May I Obtain Tax Credit for Pollution Control Equipment?

Facilities that install pollution control equipment such as air pollution control equipment and devices may be eligible to obtain property tax or sales tax exemption. In order to claim the exemption, the applicant needs to complete and submit in triplicate form CN-0964 entitled Certification off Pollution Control Equipment For Property Tax or Sales Tax Eligibility. Include with the form all supporting information including an itemized list identifying the pollution control equipment installed and the associated cost of same. This will allow the agency to evaluate the application and confirm that the specific equipment installed qualifies as eligible pollution equipment and assess maximum monetary credit. The air pollution control equipment must be a separate submittal. Once the request is approved in full or in part, it is sent to the County Tax Assessor for county property tax credit. For pollution control equipment for water pollution or for solid/hazardous waste, a form must be submitted separately for that type of pollution control equipment. The respective submittals for such equipment will be assessed by the Division of Water Resources or the Division of Solid Waste Management.

The notarized forms and attachments must be submitted to the air pollution control agency under their jurisdiction as shown on back of the form. If the facility is located in one of the 4 metropolitan counties that permit them, submit the form to that agency. For all other counties submit the form to the Nashville TDEC address.

Applicants may refer to the following publications for further information: