Air Quality Construction Permit
Who Needs A Construction Permit?
Unless specifically exempted, any person wishing to construct an air contaminant source or to modify an existing air contaminant source is required to obtain a construction permit from the Tennessee Division of Air Pollution Control (APC). Examples of air contaminant sources include:
- Process emission sources such as printing presses, asphalt plants, coating processes (painting of automobiles, office equipment, wood furniture, etc.)
- Fuel burning equipment such as boilers, gas or oil fired heaters, coal fired steam electric generating plants
- Incinerators for medical waste, municipal waste, etc.
- Farming equipment, mobile sources and other exempted air contaminant sources are not required to obtain a construction permit.
Air contaminant sources typically are classified as major or minor sources depending on their potential to emit pollutants. Major sources generally are (1) sources that are in specific source categories listed in part 1200-03-09-.01(4)(b)1 of the Tennessee Air Pollution Control Regulations and have potential total facility emissions greater than 100 tons per year (tpy), and (2) other sources with potential total facility emissions greater than 250 tpy or more of the following criteria pollutants: carbon monoxide, particulate matter, nitrogen dioxide, sulfur dioxide, lead and ozone (indirectly determined from emissions of volatile organic compounds and nitrogen oxides). Examples of major sources are TVA power plants, chemical manufacturers, some secondary metal production facilities and large printing operations.
Minor sources are sources of air contaminants that are not major sources and are not exempt from construction permit requirements. Examples include concrete batch plants and small surface coating and printing operations.
APC Rule Chapter 1200-03-09 contains the general requirements for construction permits. Specific requirements that limit emissions from individual processes are located at various points in the regulations. It is suggested that anyone filing a construction permit application first contact the Division for assistance in identifying all applicable rules.
What Information Must I Provide?
Applicants must submit the following items at least 120 days before starting construction for major sources, and at least 90 days in advance for minor sources:
- Permit Application Form, (Form CN-0730 - APC 100 for non-Title V sources or Form CN-1398 - APC 1 for Title V sources) requires the address of the facility and principal contact and the estimated construction start and completion dates.
- Air contaminant source and emission point description forms. These forms are source specific and require general information regarding the project and air contaminant source, descriptions of processes and equipment specifications, and quantification of the pollutants emitted.
The following is a list of available forms:
|Non-Title V Form Description||Form Number||Instructions|
|Facility Identification||CN-0730 (APC 100)|
|Emission Point||CN-0742 (APC 101)|
|Process or Fuel Burning Source||CN-0741 (APC 102)|
|Incinerator Source||CN-0743 (APC 103)|
|Storage Tank||CN-0744 (APC 104)|
|Degreaser||CN-0745 (APC 105)|
|Oven Source||CN-0746 (APC 106)|
|Surface Coating||CN-0747 (APC 107)|
|Asphalt Plant Source||CN-0748 (APC 108)|
|Rock Crushing Source||CN-0735 (APC 109)|
|Dry Cleaner Source||CN-1277 (APC 110)|
|Concrete Batch Plant Source||CN-0749 (APC 111)|
|Coal Preparation Source||CN-0750 (APC 112)|
|Cyclone||CN-0751 (APC 113)|
|Gasoline Dispensing Facility||CN-1001 (APC 114)|
|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)|
|Operations and Flow Diagrams||CN-1399 (APC 2)|
|Stack Identification||CN-1400 (APC 3)|
|Fuel Burning Non-Process Equipment||CN-1401 (APC 4)|
|Stationary Gas Turbine or Internal Combustion Engine||CN-1402 (APC 5)|
|Storage Tanks||CN-1403 (APC 6)|
|Incineration||CN-1404 (APC 7)|
|Printing Operations||CN-1405 (APC 8)|
|Painting and Coating Operations||CN-1406 (APC 9)|
|Miscellaneous Processes||CN-1407 (APC 10)|
|Control Equipment - Miscellaneous||CN-1408 (APC 11)|
|Control Equipment - Adsorbers||CN-1409 (APC 13)|
|Control Equipment - Catalytic or Thermal Oxidation||CN-1410 (APC 14)|
|Control Equipment - Cyclones / Settling Chambers||CN-1411 (APC 15)|
|Control Equipment - Wet Collection Systems||CN-1412 (APC 17)|
|Control Equipment - Baghouses / Fabric Filters||CN-1413 (APC 18)|
|Compliance Certification - Monitoring and Reporting
Description of Methods Used for Determining Compliance
|CN-1414 (APC 19)|
|Compliance Demonstration by Continuous Emissions Monitoring||CN-1415 (APC 20)|
|Compliance Demonstration by Portable Monitors||CN-1416 (APC 21)|
|Compliance Demonstration by Monitoring Control System Parameters
or Operating Parameters of a Process
|CN-1417 (APC 22)|
|Compliance Demonstration by Monitoring Maintenance Procedures||CN-1418 (APC 23)|
|Compliance Demonstration by Stack Testing||CN-1419 (APC 24)|
|Compliance Demonstration by Fuel Sampling and Analysis||CN-1420 (APC 25)|
|Compliance Demonstration by Recordkeeping||CN-1421 (APC 26)|
|Compliance Demonstration by Other Method(s)||CN-1422 (APC 27)|
|Emissions from Process Emission Source / Fuel Burning / Installation / Incinerator||CN-1423 (APC 28)|
|Emission Summary for the Sources Contained in this Application||CN-1424 (APC 29)|
|Current Emissions Requirements and Status||CN-1425 (APC 30)|
|Compliance Plan and Compliance Certification||CN-1426 (APC 31)|
|Air Monitoring Network||CN-1427 (APC 32)||N/A|
|Stage I and Stage II Vapor Recovery||CN-1428 (APC 33)|
|Open Burning||CN-1429 (APC 34)||N/A|
|Application Completeness Check List||CN-1430 (APC 35)||N/A|
Contact the Division of APC for information concerning applicable forms.
In addition, some major sources may need to submit one year of preconstruction air quality monitoring data for the relevant area, emission control plans that include the best available control technology, and ambient impact analysis based on air quality modeling. Contact the Division of APC for information concerning requirements for major sources.
How Will My Application Be Processed?
When applications are submitted, the Division of APC reviews them for completeness. The applicant is notified in writing of any deficiencies. When the necessary items are complete, a draft permit is prepared. Notices of minor source permit applications are published for public review. Major source draft permits go through a public review process during which the public, affected states and the EPA's comments are solicited. A public hearing pertaining to major source permit applications is held if requested. After considering public comments and a final supervisory review, a final decision is made, and the permit is issued or denied. Under state law, a construction permit for a minor source must be issued within 115 days after receipt of a complete application. For major source construction permit applications, the permit is to be issued within six (6) to twelve (12) months after receipt of a complete application. The entire permit process may take two (2) to four (4) months for minor sources and five (5) to more than 12 months for major sources.
Construction permits are issued for the period of time required to complete construction and to meet any start-up conditions identified in the permit - usually about one (1) year.
What Fees Are Required?
Construction permit application fees are based on the anticipated maximum emission rate of all regulated pollutants emitted by the source combined. Emissions are not double-counted if they fall into more than one category, such as a hazardous air pollutant that is also a volatile organic compound.
|Anticipated Maximum Emission Rate (Tons/Year)||Permit Fee|
|Less than 10||$ 100|
|10 to less than 100||$ 500|
|100 to less than 250||$1,000|
|250 to less than 500||$2,000|
|500 to less than 1000||$3,000|
|1,000 to less than 5,000||$4,000|
|5,000 or greater||$5,000|
Existing Title V facilities do not pay construction permit application fees.
What Are My Rights And Responsibilities After The Permit Is Approved?
Upon issuance of the permit, the applicant may proceed with the approved construction. An applicant denied a permit may appeal to the APC Board. Some minor changes and extensions to the construction permit can be made administratively. Any modification to the air contaminant source requires a construction permit. The construction permit is not transferable.
What Are The Division's Rights And Responsibilities?
The Division is responsible for protecting the air quality of Tennessee. A construction permit ensures that any new, modified, replaced or relocated air contaminant source or business complies with all air quality requirements and will not have a detrimental impact on human health or the environment.
The Division has the right to conduct inspections and to suspend or revoke any construction permit if the permit holder fails to comply with permit conditions. The Tennessee Air Quality Control Act provides for civil penalties up to $25,000 per day for each day of violation.
Whom Do I Contact For Applications, Assistance And Other Information?
For air contaminant sources (excluding state-owned facilities) located in Davidson, Hamilton, Knox or Shelby counties, the applicant must contact and obtain a construction permit from the applicable county air permit agency. For 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:
- University of Tennessee Center For Industrial Services - (615) 532-8657
- EPA Air Quality Planning and Permits - Contacts
- EPA Air Toxic Control Technology - (919) 541-0800
Applicants may refer to the following publications for further information:
- TDEC Division 1200-03: Air Pollution Control Regulations
- 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