1. Title V: The Big Picture
Ray Vogel
Operating Permits Group
U.S. EPA/OAQPS

2. Major Topics Objective of Title V Benefits of the Title V program
Who needs a permit?
Minimum elements of a permitting program
What is in a Title V permit?
How do permits get issued?
EPA oversight of permitting programs
Status of the Title V program

3. Objective of Title V Operating Permit Program
Established by Clean Air Act Amendments of 1990
Objective is to improve compliance with CAA
Combines all requirements into a single document
Clarifies which requirements apply.

4. Objective of Title V Program: (cont.)
Sources self-report compliance status
Allows for better enforcement of CAA requirements
Involves public in the issuance of permits
Ensures self-funding adequate to run effective programs

5. Background
Schedule
EPA was to develop rules establishing minimum elements of permit program
1993 – States were to develop and submit permit programs
1994 – EPA Approval/Disapproval of programs
1995 – Permit applications due to approved States
1998 – Permits due to be issued

6. Benefits of Title V Program
Identification of applicable requirements for each individual source
19,000 sources took emission limits to avoid Title V
Annual compliance certification
Reporting of deviations/corrective actions
Mechanism for issuing permits on tribal lands
Public involvement

7. Who has to get a Title V permit?
All major sources
Any 10 tpy or 25 tpy source of HAPs
Any 10, 25, 50 or 100 tpy source of VOCs
Any other 100 tpy source
Plus some non-majors (a few area sources and hazardous waste incinerators)
Around 17,000 major sources nation-wide
Includes around 300 sources on tribal land

8. What are the minimum elements of a Title V permit program?
Requirements for permit applications
Monitoring and recordkeeping requirements
Annual fees to cover program cost
Adequate funding and personnel
Assure no permit issued if EPA objects

9. Minimum Elements (cont.)
Procedures for public comment and judicial review Procedures to make information available to public
Procedures to revise permits to include new standards
Procedures to allow some changes without a permit revision

10. What is in a Title V permit?
Statement of basis (usually a separate document)
All applicable emission limitations and standards
Monitoring, recordkeeping and reporting requirements
EPA developing revised periodic monitoring rule
A compliance schedule, as necessary

11. What is in a Title V permit? (cont.)
Requirement for annual compliance certification
Reporting of deviations from permit terms or conditions
Permit shield (optional)
Expiration and renewal - not to exceed 5 years

12. How do permits get issued?
Sources must apply to state or local agency
Permitting agency negotiates terms & drafts permit
Draft permit reviewed by public
Public hearing may be requested

13. How do permits get issues? (cont.)
EPA reviews some state permits and may veto proposed permit
Final permit is issued
Public may petition Administrator to object to final permit

14. Permit Issuance Timeline
EPA
Objects?
Public
review
Source
Submits
Application
Draft
Permit
Available
Proposed
Permit
Forwarded
to EPA
EPA Review
Yes
within 1 year of
effective date:
30 days
45 days No
Petition
Filed ?
EPA
Grants
Petition ?
Permit
Authority
Must
Correct
Permit Issued
public petition period
60 days
Yes
Yes No No
Permit
Remains
Valid

15. EPA Oversight Permit review & objection
Evaluations of state/local/tribal programs
Petitions
Regulations and Guidance
Clean Air Act Advisory Committee Subcommittee on Permits and Toxics
Task Force on Implementation of Title V
Inspector General Reviews

16. Status of the Program
116 approved state and local operating permit programs
95 percent of Title V permits issued
May be 2006 before all initial permits are issued
States also issuing renewal permits
Public testimony to task force suggests implementation improvements needed
Unresolved monitoring litigation issues