Title V Operating Permit

The Division makes a completeness determination within 60 days of receipt of an application. Once a company's application is determined to be complete and a review of the application is made, a draft permit is prepared. The draft permit is then subject to review by the public, affected states, and EPA. A notice giving general information about the permit will be published in a local newspaper. This notice will afford the public an opportunity to (a) comment on the proposed permit and (b) request a public hearing on the permit. The Division is required to take final action on complete applications within 18 months of the date of their submittal. The normal duration of an operating permit is five (5) years.

Annual Emission Fees: Title V major sources are required to pay annual emission fees for each ton of regulated air pollutant except carbon monoxide. Upon submission of the operating permit application, major sources are required to declare their fee choice: allowable emissions based fees, actual emissions based fees, or a combination thereof. The Current rates for non-electric utility generating units (EGUs) $32.50 per ton of allowable emissions and $43 per ton of actual emissions (excluding carbon monoxide); for EGUs, $39 per ton of allowable emissions and $49.50 per ton of actual emissions. A minimum fee of $7,500 if the calculated fees are less than that amount.  An emission cap of 4,000 tons per year per regulated pollutant per major source SIC code applies to actual- or allowable-based emission fees.

The fee rate is reviewed annually and is determined by a workload analysis performed by the Division of APC for Title V related work. For renewals, the application must be submitted 270 to 180 days prior to expiration of the existing permit.

The air contaminant source must be operated in accordance with the terms of the permit. Administrative changes such as correcting typographical mistakes do not require public comment, but significant changes to the permit must follow the applicable public participation process.

Title V permittees are responsible for record-keeping, monitoring, submitting semi-annual reports, and submitting annual certifications of compliance with all terms of the permit.

The Division of Air Pollution Control is responsible for protecting Tennessee's air quality. 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 emission standards and will not have a detrimental impact on human health or the environment.

The Division has the right to conduct routine 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 day of violation.

EPA can object to the issuance of a permit, and there also are mechanisms in place for any person to petition the EPA Administrator to object to a permit. Any person initially may also seek administrative review of a Title V permit before the Board and, later, judicial review in Chancery Court.

There are several ways to modify existing Title V permits:

• 502(b)(10) changes
• Title V Administrative Amendments
• Title V Minor Modifications
• Title V Significant Modifications
• Reopening for Cause

For air contaminant sources located in Davidson, Hamilton, Knox or Shelby counties (excluding state-owned facilities), the applicant must contact and obtain a permit from the applicable county air permit agency. For all other counties, applications and assistance can be obtained by contacting the Division or by calling 1-888-891-TDEC.

In addition, applicants may call the following centers for assistance:

• University of Tennessee Center For Industrial Services - (615) 532-8657
• EPA Air Quality Planning and Permits - (919) 541-2777