Non-Title V Operating Permit

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.

Application Fees: None

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

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 (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.

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 of the existing permit.

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.

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 - (919) 541-2777

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 of 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.