Non-Title V 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)|
|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)|
|Cotton Gin Description||CN-1396 (APC 116)|
|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
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:
- Tennessee Small Business Environmental Assistance Program - (800) 734-3619
- University of Tennessee Center For Industrial Services - (615) 532-8657
- EPA Air Quality Planning and Standards
- EPA Air Toxic Control Technology - (919) 541-0800
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:
- TDEC Division 1200-03: Air Pollution Control
- TDEC Rule 1200-03-09-.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