Operating Permits
Who Has to Obtain a Title V Permit
Any Major Source:
- A major source has actual or potential emissions that meet or exceed the major source threshold for their location.
- The major source threshold for any “air pollutant” is 100 tons/year (this is the “default value”).
- Lower thresholds apply in non-attainment areas (but only for the pollutant that are in non-attainment). (See Table below).
- Major source thresholds for “hazardous air pollutants” (HAP) are 10 tons/year for a single HAP or 25 tons/year for any combination of HAP.
- EPA generally has not required non-major sources to get permits (except as shown below).
Any Source with a Major Source Permit under PSD or NSR
“Affected Sources” under Acid Rain Rules -- Regardless of Size
Solid Waste Incineration Units under Section 129 -- Regardless of Size
- Municipal waste combustors (large and small)
- Hospital/medical/infectious waste incinerators
- Commercial and industrial solid waste incinerators
- Other solid waste incinerators
- Sewage sludge incinerators
Non-major Sources subject to NESHAP (MACT or GACT) Standards
- Hazardous waste combusters
- Portland cement manufacturers
- Mercury cell chlor-alkali plants
- Secondary lead smelters
- Carbon black production
- Chemical manufacturing: chromium compounds
- Primary copper smelting
- Secondary copper smelting
- Nonferrous metals area sources: zinc, cadmium, & beryllium
- Glass Manufacturing
- Electric Arc Furnace (EAF) Steelmaking Facilities
- Gold Mine Ore Processing and Production
[Note that if any newly promulgated NSPS or MACT standard regulates area sources, it must clarify whether the area sources are required to obtain title V permits.]
Certain Synthetic Minor Sources subject to NESHAP Standards
- Chemical Manufacturing
[Note that this category is for major sources that installed a control device to become a non-major source (a synthetic minor) after November 15, 1990]. [Also note that on December 14, 2010, EPA published a final rule, effective immediately, to stay the requirement for non-major sources subject to this standard to obtain operating permits until March 14, 2011, while EPA is reconsidering this permitting requirement. EPA also published a final rule on March 14, 2011 to extend this stay until such time as a final reconsideration rule with respect to this permitting requirement is published in the Federal Register. (See 75 FR 77760 and 76 FR 13514.)]
Non-major Sources subject to MACT & NSPS Standards
- Municipal solid waste landfills
(design capacity ≥ 2.5 million mega-grams and 2.5 million m3)
Any Source in a Source Category Designated by EPA – None so far
Table 1 – Lower Major Source Thresholds for Non-attainment Areas
Non-attainment Area Designation |
VOC or NOx |
CO |
PM-10 |
Marginal |
100 tpy |
|
|
Moderate |
100 tpy |
100 tpy |
100 tpy |
Serious |
50 tpy |
50 tpy |
70 tpy |
Ozone transport region (other than severe or extreme) |
50 tpy (VOC only) |
|
|
Severe |
25 tpy |
|
|
Extreme |
10 tpy |
|
|
Note: Do not rely on this information for determining major source status or for a list of area sources required to obtain title V permits. This list may not be updated regularly. Instead rely on the applicable regulations as published in 40 Code of Federal Regulations (see Laws and Regulations).