Department of Environment and Conservation Permits
Air Quality Construction Permit
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Who Needs A Construction Permit?
Any person wishing to construct an air contaminant source or to modify an existing air contaminant source, is required to obtain a construction permit from the Tennessee Division of Air Pollution Control (APC). Examples of air contaminant sources include:
» Process emission sources such as printing presses, asphalt plants, coating processes (painting of automobiles, office equipment, wood furniture, etc.)
» Fuel burning equipment such as boilers, gas or oil fired heaters, coal fired steam electric generating plants
» Incinerators for medical waste, municipal waste, etc.
» Farming equipment, mobile sources and other exempted air contaminant sources are not required to obtain a construction permit.
Air contaminant sources typically are classified as major or minor sources depending on their potential to emit pollutants. Major sources generally are (1) those that are subject to New Source Performance Standards (NSPS) and have potential total facility emissions greater than 100 tons per year (tpy), and (2) other sources with potential total facility emissions greater than 250 tpy or more of the following criteria pollutants: carbon monoxide, particulate matter, nitrogen dioxide, sulfur dioxide, lead and ozone (indirectly determined from emissions of volatile organic compounds and nitrogen oxides). Examples of major sources are TVA power plants, chemical manufacturers, some secondary metal production facilities and large printing operations.
Minor sources are sources of air contaminants that are not major sources and are not exempt from construction permit requirements. Examples include concrete batch plants, medical waste incinerators, and small surface coating and printing operations.
APC Rule Chapter 1200-3-9 contains the general requirements for construction permits. Specific requirements that limit emissions from individual processes are located at various points in the regulations. It is suggested that anyone filing a construction permit application first contact the Division for assistance in identifying all applicable rules.
What Information Must I Provide?
Applicants must submit the following items at least 120 days before starting construction for major sources, and at least 90 days in advance for minor sources:
» Permit Application Form, (Form #CN-0730 - APC 20) requires the address of the facility and principal contact and the estimated construction start and completion dates.
» Air contaminant source and emission point description forms. These forms are source specific and require general information regarding the project and air contaminant source, descriptions of processes and equipment specifications, and quantification of the pollutants emitted. The following is a list of available forms:
| Form Description | Number | Form | Instructions | ||
| Permit Application | CN-0730 (APC 20) | DOC | DOC | ||
| Emission Point | CN-0742 (APC 22) | DOC | DOC | ||
| Process Or Fuel Burning Source | CN-0741 (APC 21 & 24) | DOC | DOC | ||
| Incinerator Source | CN-0743 (APC 25) | DOC | DOC | ||
| Storage Tank | CN-0744 (APC 27) | DOC | DOC | ||
| Degreaser | CN-0745 (APC 29) | DOC | DOC | ||
| Oven Source | CN-0746 (APC 30) | DOC | DOC | ||
| Surface Coating | CN-0747 (APC 31) | DOC | DOC | ||
| Asphalt Plant Source | CN-0748 (APC 33) | DOC | DOC | ||
| Rock Crushing Source | CN-0735 (APC 43) | DOC | DOC | ||
| Dry Cleaner Source | CN-1277 (APC 45) | DOC | DOC | ||
| Concrete Batch Plant Source | CN-0749 (APC 122) | DOC | DOC | ||
| Coal Preparation Source | CN-0750 (APC 123) | DOC | DOC | ||
| Cyclone | CN-0751 (APC 129) | DOC | DOC | ||
| Stage I and Stage II Vapor Recovery | CN-1001 (APC 150) | DOC | DOC | ||
| Asbestos Notification | CN-1055 | N/A | N/A | N/A | |
| Asbestos Waste Shipment Record | CN-1054 | N/A | N/A | N/A | |
| Title V Forms | Link to forms and instructions | ||||
Contact the Division of APC for information concerning applicable
In addition, some major sources may need to submit one year of preconstruction air quality monitoring data for the relevant area, emission control plans that include the best available control technology, and ambient impact analysis based on air quality modeling. Contact the Division of APC for information concerning requirements for major sources.
How Will My Application Be Processed?
When applications are submitted, the Division of APC reviews them for completeness. The applicant is notified in writing of any deficiencies. When the necessary items are complete, a draft permit is prepared. Notices of minor source draft permits are published for public review. Major source draft permits go through a public review process where the public, affected states and the EPA's comments are solicited. A public hearing is held if significant interest is displayed. After considering public comments and a final supervisory review, a final decision is made, and the permit is issued or denied. Under state law, a construction permit for a minor source must be issued within 115 days after receipt of a complete application. For major sources, the permit is to be issued within six (6) months after receipt of a complete application. The entire permit process may take two (2) to four (4) months for minor sources and five (5) to more than 12 months for major sources.
Permits are issued for the period of time required to complete construction and to meet any start-up conditions identified in the permit - usually less than one (1) year.
What Fees Are Required?
Construction application fees are based on the total of all regulated pollutants emitted by the source, except for carbon monoxide.
| Anticipated Maximum Emission Rate (Tons/Year) | Permit Fee |
| Less than 10 | $ 100 |
| 10 to less than 100 | $ 500 |
| 100 to less than 250 | $1,000 |
| 250 to less than 500 | $2,000 |
| 500 to less than 1000 | $3,000 |
| 1,000 to less than 5,000 | $4,000 |
| 5,000 or greater | $5,000 |
Title V facilities do not pay construction application
What Are My Rights And Responsibilities After The Permit Is Approved?
Upon issuance of the permit, the applicant may proceed with the approved construction. An applicant denied a permit may appeal to the APC Board. Some minor changes and extensions to the construction permit can be made administratively. Any modification to the air contaminant source requires a construction permit. The construction permit is not transferable.
Permit conditions may be appealed by filing a petition to the Technical Secretary for reconsideration. Applicants are responsible for obtaining an Operating Permit or Title V Operating Permit.
What Are The Division's Rights And Responsibilities?
The Division is responsible for protecting the air quality of Tennessee. A construction permit ensures that any new, modified, replaced or relocated air contaminant source or business complies with all air quality requirements and will not have a detrimental impact on human health or the environment.
The Division has the right to conduct inspections and to suspend or revoke any construction permit if the permit holder fails to comply with permit conditions. The Tennessee Air Quality Control Act provides for civil penalties up to $25,000 per day for each day of violation.
Whom Do I Contact For Applications, Assistance And Other Information?
For air contaminant sources located in Davidson, Hamilton, Knox or Shelby counties, the applicant must contact and obtain a construction permit from the applicable county air permit agency. For all other counties, applications and assistance can be obtained from the Division of Air Pollution Control. New applicants who need more than one permit can contact their regional Environmental Coordinator for further assistance. The Office of Environmental Assistance: Clean Air Assistance Program provides regulatory compliance assistance to small businesses through workshops and onsite visits.
In addition, applicants may call the following offices for assistance:
» University
of Tennessee Center For Industrial Services -
(615) 532-8657
» EPA
Air Quality Planning and Permits - More contact numbers here
» EPA Air
Toxic Control Technology -
(919) 541-0800
Applicants may refer to the following publications for further information:
» TDEC Division 1200-3: Air
Pollution Control Regulations
» 40 CFR § 60: Standards of Performance for New Stationary Sources
» 40 CFR § 61: National Emission Standards for Hazardous Air Pollutants
» 40 CFR § 63: National Emission Standards for Hazardous Air Pollutants
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