Non-Title V Construction Permit
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) 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.
My site contains the following sources or operations:
Select the source/operation type to download all application forms and instructions. You may also download individual forms.
Rock Crushing Source – Submit an APC 100 and APC 109 for each source (most rock crushing plants will be one permit unit). If a source has any air cleaning devices (air pollution control), such as a baghouse, include an APC 101 for each emission point and include an APC 113 if there will be a cyclone.
Woodworking Operations – Submit an APC 100 and APC 113 for each source controlled by a single cyclone. If the air emissions of a source are controlled by several cyclones and/or other air emission collectors, then submit an APC 100 and APC 102 for the source. Submit an APC 113 for each cyclone, and an APC 101 for each non-cyclone emission point.
General Process – Submit an APC 100 and APC 102 for each source along with an APC 101 for each emission point; such as baghouses, scrubbers, uncontrolled vents, etc. If the emissions of a source are controlled by a single cyclone, then an APC 100 and APC 113 are sufficient. If the emissions are controlled by several cyclones and/or other collectors, submit an APC 100 and APC 102 for the source. Submit an APC 113 for each cyclone capable of emitting pollutants; submit an APC 101 for each non-cyclone emission point.
Non-process Fuel Burning Source (boilers, heaters, etc.) – Submit an APC 100 for each fuel burning source, an APC 102 for each boiler or heater, and an APC 101 for each stack or vent. All fuel burning source rated less than 0.5 Million British Thermal Units per hour (MMBTU/hr) input capacity is exempt from the regulations unless the total rate at a plant equals or exceeds 2 MMBTU/hr.
Asphalt Plant Source – Submit an APC 100 and APC 108 for each asphalt plant.
Incinerator Source – Submit an APC 100 and APC 103 for each incinerator.
Ovens – Submit an APC 100 and APC 106 for each oven. If the oven has more than one stack or vent, then an APC 101 should be completed for each additional vent.
Surface Coating Operations (spray booth, dip tanks, etc.) – Submit an APC 100 and APC 107 for each operation.
Degreasers – Submit an APC 100 and APC 105.
Concrete Batch Plant – Submit an APC 100 and APC 111.
Petroleum or Chemical Storage and Loading Facilities – Submit an APC 100 for each source and an APC 104 for each tank. Normally applications need to be submitted for diesel fuel and fuel oil storage tanks with a capacity of more than 10,000 gallons; unless specifically covered by Chapter 18 of Tennessee Air Pollution Control Regulations, or they have a potential
emission rate, either singly or in combination, of one ton per year or greater.
Feed Mills & Grain Elevators – Submit an APC 100 and APC 113 for each source controlled by a single cyclone. If a source is
controlled by several cyclones and/or other collectors (or uncontrolled), submit an APC 100 and APC 102 for each source (permit unit). Submit an APC 113 for each cyclone, and an APC 101 for each non-cyclone emission point.
Coal Preparation Plant – Submit an APC 100 and APC 112 for each source. If the source includes a stack or vent, such as a scrubber or dryer stack, include an APC 101 for the scrubber or dryer.
Cotton Gins – Submit an APC 100 and APC 116.
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.
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)
|Less than 10
|10 to less than 100
|100 to less than 250
|250 to less than 500
|500 to less than 1000
|1,000 to less than 5,000
|5,000 or greater
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.
Permit conditions may be appealed by filing a petition to the Technical Secretary for reconsideration. Applicants are responsible for obtaining an Operating Permit.
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