Title V Air Permit Compliance
Last reviewed · By Chad Griffith
Title V of the Clean Air Act establishes federal operating permits for major stationary sources of air pollution. Major sources are defined as facilities with potential to emit (PTE) at or above thresholds for criteria pollutants (typically 100 tons per year for most pollutants), hazardous air pollutants (10 tons per year of any single HAP, or 25 tons of any combination), or sources subject to specific NSPS or NESHAP standards. Implementation is delegated to states under 40 CFR Part 70. Title V permits include facility-wide emission limits, monitoring requirements, recordkeeping, and reporting obligations.
Major Source Thresholds
Per 40 CFR 70.2 and 40 CFR Part 71: A 'major source' is a facility with potential to emit at or above 100 tons per year of any criteria pollutant (or 50 tpy in some non-attainment areas), or 10 tons per year of any single HAP, or 25 tons per year of any combination of HAPs, or any source subject to NSPS or NESHAP that triggers Title V coverage. Non-attainment areas have lower thresholds (varying by pollutant and severity classification). Sources also include certain solid waste incinerators and electric utility steam generating units regardless of size.
Synthetic Minor Sources
Sources with potential to emit above major source thresholds can avoid Title V by accepting federally enforceable limits (FELs) capping their emissions below the major source threshold. These 'synthetic minor' sources operate under state-issued construction or operating permits with binding emission limits. Synthetic minor designation requires careful capacity calculations and compliance with the FEL terms (typically through stack testing, fuel caps, hours-of-operation restrictions).
Required Reports
Title V permits require: Semi-annual deviation reports (40 CFR 70.6(a)(3)) listing all instances of permit deviations during the reporting period; Annual compliance certifications signed by a responsible official certifying the facility's compliance status during the year (40 CFR 70.6(c)(5)); Stack testing reports as required by the permit; CEMS data (Continuous Emissions Monitoring) where required; and ad-hoc reports for upset conditions, malfunctions, or noncompliance events as defined in the permit.
Common Permit Findings
Frequent Title V audit findings: missing or late deviation reports; annual compliance certifications signed by individuals lacking 'responsible official' designation per 40 CFR 70.2; recordkeeping gaps for required parameters (fuel use, throughput, operating hours, opacity readings); failure to perform required stack testing on schedule; CEMS data validation gaps; and failure to update permit applications when source modifications occur.
Frequently Asked Questions
What is the difference between a Title V permit and a construction permit?
Construction permits (Prevention of Significant Deterioration / Nonattainment New Source Review) authorize building or modifying a source. Title V operating permits authorize ongoing operation of a major source and consolidate all federal Clean Air Act requirements applicable to the source. Most major sources have both: a construction permit reflecting initial design, and a Title V operating permit governing ongoing operations.
How often must a Title V permit be renewed?
Title V permits have a maximum term of 5 years per 40 CFR 70.6(a)(2). Renewal applications must be filed with the issuing authority (state agency or EPA region) at least 6 months before permit expiration to maintain operating authority during the renewal process.
Who is a 'responsible official' for Title V certifications?
Per 40 CFR 70.2, a responsible official is: for corporations — a president, secretary, treasurer, vice-president, or authorized representative who exercises overall responsibility; for partnerships or sole proprietorships — a general partner or proprietor; for municipalities or government entities — a principal executive officer or ranking elected official. The responsible official's signature on annual compliance certifications carries significant legal liability.
What recordkeeping is required for Title V?
Per 40 CFR 70.6(a)(3)(ii), records must include: monitoring records, compliance demonstrations, stack test reports, fuel and material analyses, operational parameters, and any other records required by the specific permit. Records must be retained for at least 5 years from the date of monitoring sample, measurement, report, or application.
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