Title V Background
Title V of the 1990 federal Clean Air Act Amendments (CAAA) required the Environmental Protection Agency (EPA) to establish a national, federally enforceable operating permit program. Accordingly, EPA promulgated Title 40 of the Code of Federal Regulations, Chapter 1, Part 70 which requires each state or local permitting authority to develop and submit a federally enforceable facility operating permit program for EPA approval.
Title V is intended to further facilitate and enhance air quality planning, emission controls, and compliance, and to improve existing emission inventories.
In addition to existing regulations, Title V provides for:
- EPA veto authority over permit issuance,
- greater opportunity for federal and citizen enforcement,
- enhanced public participation during the permit issuance process,
- clearer determination of applicable requirements; and
- improved enforceability of applicable requirements.
The AQMD adopted Rule 207 - Title V - Federal Operating Permit Program (PDF) to meet the requirements of Part 70 and to interface the Title V permitting effort with the AQMD’s existing comprehensive permit program.
Contact Jorge DeGuzman for further information about the AQMD's Title V program at (916) 874-4860 or by e-mailing jdeguzman@airquality.org.
Who Needs a Title V Permit?
Rule 207 - Title V - Federal Operating Permit Program defines the sources to whom Title V applies. Generally, these sources include:
- Major stationary sources generally include:
- Any source with a potential to emit 100 tons per year of any air pollutant;
- Any source with a potential to emit 10 tons per year, or more, of any hazardous air pollutant or 25 tons per year, or more, of any combination of hazardous air pollutants.
- Any source with a potential to emit exceeding: 50 tons per year of nitrogen oxides, 50 tons per year of volatile organic compounds, 100 tons per year of sulfur dioxide, 100 tons per year of carbon monoxide, or 100 tons per year of PM10.
- Affected sources under the acid rain provisions of Title IV of the Federal Clean Air Act.
- Any source subject to AQMD Rule 203, Prevention of Significant Deterioration (PDF).
- Any solid waste incineration unit required to obtain a Title V permit pursuant to the Federal Clean Air Act.
- Any other stationary source in a source category designated by rule by US EPA.
- Any stationary source that is subject to standards or other requirements for New Source Performance Standards or Hazardous Air Pollutants under the Federal Clean Air Act after July 21, 1992 by EPA unless exempted at the time an applicable new standard or requirement is promulgated.
Please see Rule 207 (PDF) for the complete statements of applicability and definitions.
Contact Jorge DeGuzman for further information about the AQMD's Title V program at (916) 874-4860 or by e-mailing jdeguzman@airquality.org.
Title V Application Forms
- Title V Initial and Renewal Application Form (PDF)
- Additional Title V Renewal Application Instructions.
The following additional information is required with each application for renewal of a Title V Federal Operating Permit:
A certification of compliance with each condition specified in the Title V Federal Operating Permit. This must be a condition-by-condition certification not a summary of compliance. Reference copy of these instructions. (PDF) - Title V Modification Application Form (PDF)
- Title V Administrative Amendment Application Form (PDF)
