Air Quality State Operating Permit

 

 Who Needs An Air Pollution Control State
 Operating Permit?

Persons planning to operate an air contaminant source require a State 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 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 an operating permit 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 20) requires the facility address and principal contact; the estimated construction date; and for renewals, changes that have been made since last construction. For sources not requiring a construction permit, the following applicable forms must also be submitted:

» Process or Fuel Burning Source Description Forms (Form #CN-0741 - APC 21) 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 22) require emission inventory information. Any of the following applicable forms: (contact the Division of APC for information concerning applicable forms)

The following is a list of the forms available:

Form Description	Number	Form		Instructions
Permit Application	CN-0730 (APC 20)	DOC	PDF	DOC	PDF
Emission Point	CN-0742 (APC 22)	DOC	PDF	DOC	PDF
Process Or Fuel Burning Source	CN-0741(APC 21 & 24)	DOC	PDF	DOC	PDF
Incinerator Source	CN-0743 (APC 25)	DOC	PDF	DOC	PDF
Dry Cleaner Source	CN-1277 (APC 45)	DOC	PDF	DOC	PDF
Storage Tank	CN-0744 (APC 27)	DOC	PDF	DOC	PDF
Degreaser	CN-0745 (APC 29)	DOC	PDF	DOC	PDF
Oven Source	CN-0746 (APC 30)	DOC	PDF	DOC	PDF
Surface Coating	CN-0747 (APC 31)	DOC	PDF	DOC	PDF
Asphalt Plant Source	CN-0748 (APC 33)	DOC	PDF	DOC	PDF
Rock Crushing Source	CN-0735 (APC 43)	DOC	PDF	DOC	PDF
Concrete Batch Plant Source	CN-0749 (APC 122)	DOC	PDF	DOC	PDF
Coal Preparation Source	CN-0750 (APC 123)	DOC	PDF	DOC	PDF
Cyclone	CN-0751 (APC 129)	DOC	PDF	DOC	PDF

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

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 the expiration of an existing permit.

 How Will My Application Be Processed?

When the applications are submitted, the Division reviews them to determine 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 (2000-2001):

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 souce 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).

 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. 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 of the 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?

For air contaminant sources located in Davidson, Hamilton, or Shelby counties, the applicant must contact and obtain a permit from the applicable county air permit agency. For all other counties, applications and assistance can be obtained from the Division of Air Pollution Control. New applicants who need more than one permit can contact their regional Environmental Coordinator for further assistance.

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

» 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:

» TDEC Division 1200-3: Air Pollution Control
» TDEC Rule 1200-3-9-.04: Air Pollution Control - Exemptions
» 40 CFR §60: Standards of Performance for New Stationary Sources
» 40 CFR §61: National Emission Standards for Hazardous Air Pollutants
» 40 CFR §63: National Emissions Standards for Hazardous Air Pollutants for Source Categories.