Title V Permits

IMPORTANT NOTE: To prevent delays in processing a Title V application that is associated with a standard District application, applicants should utilize the separate estimates for the Title V application(s) below , and should make clear when submitting the application package that it includes both a standard application and a Title V application.

Administrative Amendment
(502)b(10) Change
Minor Modification
Significant Modification
Renewal Permit
Initial Permit

The correct fee must be submitted with your application in order for it to be accepted. For this type of equipment, fees are determined based on the time and materials required to conduct the review, so a fee estimate must be obtained from the District prior to submittal. Please note that application fees are estimated and the final fee may be more or less than this amount based on time and materials spent processing the application. The District maintains work records for this purpose.

Please note that an additional fee may also apply depending on the method of payment. A breakdown of how the application fee(s) are determined can be seen here. Additional information can be found in District Rule 40.

How to Pay

These fees may be paid by check payable to "Air Pollution Control District" or by credit card (Visa, MasterCard, and American Express).

If you choose to email or fax your application and intend on paying with a credit card, ensure that you have obtained your fee estimate and have it in hand, and then after submitting the application, you must contact the District over the phone at (858)586-2600 to provide payment information.

Please note that credit card payments are assessed a transaction fee of 2.19% that is charged by the credit card provider.

IMPORTANT NOTE: To prevent delays in processing a Title V application that is associated with a standard District application, applicants should request a separate estimate for the Title V application when requesting the standard application fee estimate, and should make clear when submitting the application package that it includes both a standard application and a Title V application.

Title V applications need to be submitted in all of the following situations.

New facilities subject to Title V permitting need to file an initial application within one year of beginning operation. 

Existing facilities that become newly subject to Title V requirements must file an initial application within one year of becoming subject to Title V requirements.

Facilities holding existing Title V permits must file a renewal application no earlier than 18 months and no later than one year prior to the expiration of their permit (usually valid for five years) in order to qualify for an application shield as specified in District Rule 1410.

Administrative Amendments should be filed when making changes as indicated in District Rule 1410.

Any application for a new District permit or modification to an existing District permit will also require that an appropriate Title V application be filed (minor modification, significant modification or 502(b)(10)/Op-Flex application) along with corresponding fees. Facilities may elect to file the Title V application with the standard District application, but should be aware that delaying application submittal may delay the ability to operate under an Authority to Construct or Permit to Operate, and also that certain types of applications may not be able to be processed until an Authority to Construct or Permit to Operate is approved.

As an alternative to Title V modification applications, certain modifications may be eligible for review according to "enhanced authority to construct" procedures, in which case a separate application would not be required with the standard District application, but an administrative amendment application would need to be filed to incorporate the enhanced authority to construct prior to beginning operation.

For questions about what type of modification is required for which type of project, consult the "guidance" section of this page.

Ensuring your application is complete is the best way to reduce processing time. Complete emissions data is the most important factor in minimizing application processing time and iterative information requests. If you have any questions about what information is required, please contact the District using the information on the Assistance tab.

Sign up for Citizen Access to get up to date information on the status of your application.

Learn more about the permitting process and what to expect.

Guidance for Permit Related Changes Under Title V

The following is based wholly on District Rules 1401, 1410 and 40 CFR Part 70, all of which stem from Title V of the Clean Air Act (CAA).  If questions arise, the referenced regulations should be consulted, as the rule requirements supersede this guidance. 

Administrative Amendments

(District Rules 1401(c)(3), 1410(i) and 40 CFR Part 70.7(d))   

Administrative amendments are characterized, most notably, by the following: 

- Correction of typographical errors
- Name changes and changes in contact information
- Change of ownership (submittal must include documentation clearly stating owners’ names and date of transfer)
- A change that requires more frequent monitoring or reporting
- Incorporation of changes made via a preconstruction review during which all requirements under Part 70 were fulfilled (i.e., enhanced authority to construct)
- Other, similar to the above

Procedures : The applicant must submit a complete application comprising Forms App116 and 1410-A and an estimated fee deposit pursuant to Rule 40.  Once the District has received a complete application, the applicant may make the change.  The District is required to forward a copy of the final permit to EPA.   

Example: The District receives applications for changes in contact information on a fairly frequent basis.  These are typical administrative amendments.   

Discussion: Although most, if not all, administrative amendments do not demand immediate action to accommodate a physical change or a change that would affect compliance, they are almost always implemented immediately in pursuit of the accuracy and utility of the Title V permit.  The key example of an administrative amendment – a change in the responsible official – usually necessitates an immediate change to the permit. 

Administrative Amendment - Enhanced Authority to Construct 

As provided by District Rule 1410(q) and 40 CFR § 70.7(d)(v), the enhanced authority to construct (also referred to as “merged NSR”) allows for all Title V procedural requirements, most notably public notice and EPA review, to be met at the time of construction review.  Once this is accomplished and the ATC is issued, the Title V permit can be changed as an administrative amendment.  The enhanced ATC process applies to minor and significant modifications and must be requested by the applicant at the time of construction permit application submittal.   

The enhanced ATC requires additional application form 1410E.  It should be recognized that issuance of the District ATC will be delayed until completion of public notice, EPA review, and response to any comments as required. 

Procedures: The minimum action, and the key action for any enhanced ATC, is public notice, which includes review by EPA and affected states.  Public notice for the enhanced ATC follows the same of that required for new and renewed Title V permits, and significant modifications.  Additionally, the applicant must submit a certification of compliance using form 1410-B or 1410-I prior to incorporation of the change into the Title V permit.     

Example: A recent application for a significant modification was processed as an enhanced authority to construct as requested by the applicant.  The issuance of an ATC was accompanied with the additional procedures required by Rule 1410(q), most notably public notice and EPA review.

Operational flexibility under CAA Section 502 § (b)(10) 

Operational flexibility under District Rules 1401(c)(43) and 1410(l), and 40 CFR §§ 70.4(d)(3)(viii) and 70.4(b)(12) encompasses any change that does not require a permit revision, if the change is not:

- A modification under any provision of Title I of the federal CAA
- A change that would cause a violation of any applicable requirements or result in an exceedance of emissions allowed under the permit

Procedures: For each change qualifying as operational flexibility, the applicant must notify the District and the EPA in writing at least 7 days prior to implementation of an op-flex change.  This notice must include a brief description of the change, the date on which the change will occur, any changes in emissions, and a listing of any permit term or condition affected.  Submittal to the District must include a complete application comprising Forms App116 and 1410-C and estimated fees pursuant to Rule 40.  The District continues to consider the future plausibility of streamlining operational flexibility changes as allowed under District Rule 1410 and 40 CFR 70.4(b)(12), and any applicable District permitting requirements. 

Example #1: The District recently processed more than one application in which a piece of equipment was being replaced with a like-kind emission unit.  The District determined that no new or increased emissions would result, and that no Title I (NSPS, NESHAP, PSD, et al) requirements would be triggered as a result of this project.  The change was processed under Title V as operational flexibility on this basis.

Example#2: The District recently processed an application for new equipment to be registered pursuant to District Rule 12.  As a matter of policy established some years ago, the District does not formally list certificates of registration in the Title V permit, in contrast to the District permits (a.k.a., emission units) that are wholly incorporated into Appendix A of the Title V permit.  A section was established in the general “boilerplate” of the Title V permit some years ago which addresses registered equipment and which states that the permittee must comply with the requirements of the registration program.  For the subject application for registration of new portable equipment, the change qualifies as operational flexibility because the Title V permit already contains the provision for registrations and, though new equipment is being introduced, no changes are necessary in the Title V permit. 

Discussion: The operational flexibility provision affords the permittee the ability to make certain types of changes without a revision to the permit, and with minimal notification.  However, the District’s rules are in many instances more stringent than federal requirements, and often limit the operational flexibility provision as it appears in Part 70.  The provision language in District Regulation XIV is slightly different than that in federal regulation.  Perhaps more importantly, District Rule 10 requires permitting on a more stringent basis than federal rules.  Given the often greater stringency of the rules covering Title V permitting, District rules should always be reviewed alongside the operational flexibility provision when considering a change under Title V.  Frequently, a change that may qualify as operational flexibility begs the question of whether and when a change to the Title V permit will be made, pending issuance of a District permit. 

Minor Permit Modification

(District Rules 1401(c)(27) and 1410(j); 40 CFR § 70.7(e)(2)) is a modification that would not trigger federally-mandated new source review.  A permit modification shall not qualify as minor if the permit modification:

- Causes a violation of any applicable requirement
- Involves significant relaxation to monitoring, recordkeeping, or reporting (MRR) requirements (see also last paragraph of Significant Modification section)
- Requires the establishment of, or requires a change in an existing federally-mandated source-specific emission limitation or standard (e.g., a case-by-case determination of control requirements for federal hazardous air pollutants under Section 112 of the federal CAA), or a federally-mandated source-specific determination for temporary sources of ambient impacts on air quality, or a visibility or air quality increment analysis
- Changes permit terms and conditions (e.g., a voluntary emissions cap) for which there is no applicable requirement(s), but which terms and conditions the source accepted in order to qualify as exempt from an otherwise applicable requirement
- Is a "modification" under any provision of Title I of the federal CAA, or results in an emissions increase that would trigger federally-mandated new source review, or
- Is a change involving a federal hazardous air pollutant that is subject to review and required to install Maximum Achievable Control Technology (MACT) under Section 112(g) of the federal CAA.

Procedures (see Rule 1410 for full procedural sequence): The applicant must submit a complete application, which includes Forms App116 and 1410-B and a deposit of estimated fees pursuant to Rule 40.  The District is required to notify the EPA and affected states of any minor modification within 5 days of receiving a complete application (note that a Title V application that is for a change also requiring the issuance of an Authority to Construct or Permit to Operate cannot be complete until the normal application is approved).  Once a draft permit has been prepared, the District must submit the proposed permit for 45-day EPA review.  The applicant may proceed with the change upon submittal of a complete application, but does so at its own risk prior to EPA concurrence.  The District is required to forward a copy of the final permit to EPA. 

Example: The District recently processed an application for a minor modification in which the source requested deletion of a testing requirement for one of three identical emission control units in lieu of testing which was previously performed on another of these units.  The prior test results were understood to provide representative data for all three units.  The applicant requested that the change be processed as operational flexibility under Section 502(b)(10).  The emission control units had been installed voluntarily for PM control.  The criteria defining operational flexibility, minor and significant modifications were examined closely to determine the required permitting track.  At the core of the definition of operational flexibility is that a qualifying change does not necessitate a revision to the permit.  Because the existing permit contained a condition requiring emissions testing, it needed to be changed to accomplish the request of the application.  Therefore, it did not qualify for operational flexibility.  After considering the criteria of minor modifications and significant modifications, the chief issue was whether deletion of the test requirement represented significant relaxation, specifically significant relaxation of monitoring, record-keeping or reporting (MRR).  Significant relaxation to MRR would have pushed the associated change into the significant modification track.  Therefore, the key question was whether deletion of the test requirement constituted such a “significant relaxation.”  It should be recognized that the existing permit requirements for this facility previously established an emissions determination framework, and that the emission control units’ emissions (as well as other site emissions) were required under this framework to be calculated periodically for compliance demonstration based on a methodology which was based in part on the prior test results.  In examining this issue, more than one EPA document was found that referred to source testing as a means of compliance demonstration separate from the monitoring component of MRR.  On this basis, and the fact that a prior representative test had been conducted, the change was processed as a minor modification.  

Key consideration: whether the change will result in significant relaxation of monitoring, record-keeping and reporting requirements; if so, it would be a significant modification. (NOTE: With this consideration, see also Significant Modification reference to MRR.) 

Significant Modifications

(District Rules 1401(c)(44) and 1410(k); 40 CFR Part 70.7(e)(4) and (h)) 

"Significant Permit Modification" means any modification to a permit issued pursuant to this regulation that is not an administrative amendment or a minor modification, or any modification to such permit which: 

- Causes a violation of any applicable requirement; or
- Involves significant change in existing monitoring permit terms or conditions or relaxation to monitoring, recordkeeping, or reporting requirements; or
- Requires the establishment of, or requires a change in, an existing federally-mandated source-specific emission limitation or standard (e.g., a case-by-case determination of control requirements for federal hazardous air pollutants under Section 112 of the federal CAA), or a federally-mandated source-specific determination for temporary sources of ambient impacts on air quality, or a visibility or air quality increment analysis; or
- Changes permit terms and conditions (e.g., a voluntary emissions cap) for which there is no applicable requirement(s), but which terms and conditions the source accepted in order to qualify as exempt from an otherwise applicable requirement; or
- Is a "modification" under any provision of Title I of the federal CAA, or results in an emissions increase that would trigger federally-mandated new source review; or
- Is a change involving a federal hazardous air pollutant that is subject to review and required to install Maximum Available Control Technology (MACT) under Section 112(g) of the federal CAA.
- A change of location requires a significant permit modification
- Any relaxation of monitoring, reporting or recordkeeping requirements at a source required to have a permit to operate (e.g., a change from daily to monthly recordkeeping) shall be a significant modification (statement in definition of Rule 1401). 

Procedures: The applicant must submit a complete application, which includes forms equivalent to those required for  a new or renewal permit.   These forms are listed on the District’s website (the most basic of these are the General Application form and 1410-I).  The key requirements for a significant modification comprise public notice for review and comment, and notice to the EPA and affected states for review and comment in accordance with Rule 1410 and 40 CFR Part 70.7(h).  The District is required to forward a copy of the final permit to EPA. 

Example: A recent District application was processed for replacement of a gas fired turbine generator at an electric power generation facility.  At the time of application submittal for the replacement unit it was not clear exactly what conditions would be included for the new unit, as compared to the existing unit.  Upon review of the permit application it was determined that the change would be either a minor or a significant modification.  The minor modification track was examined, but one issue remained: 1) New conditions might result in a “…significant change in existing monitoring permit terms or conditions…”  For this reason the change was identified as a significant modification.  The permit, as proposed and issued, did indeed include additional monitoring conditions, thus confirming this as the correct determination. 

Reopening of a Permit

(District Rule 1410(o); 40 CFR Part 70.7(f))  The reopening of a permit is initiated by the District on the basis of any of the following:

- Additional requirements promulgated under the federal CAA become applicable to a major source with at least three years remaining on the permit term.
- Additional requirements (including excess emissions requirements) become applicable under the federal Acid Rain Program.
- The District APCO or the EPA Administrator determines that the permit must be revised or revoked to correct a material mistake, or because inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or to assure compliance with all applicable requirements.

Closing discussion

The above guidance is intended to provide useful reasoning, based on regulations, which will aid in the determination of the correct Title V permit track for a given change.  However, it may not always be clear which track is required.  The District expects to work with Title V sources in determining the appropriate course, given an absence of clarity.  This lack of clarity is most often realized when considering a change that may require a minor or significant modification, or possibly be implemented as operational flexibility.  In general, when examining two possible tracks with remaining uncertainty, it may be advisable to submit under the track with greater requirements (e.g., operational flexibility default to minor modification, et al).   

Table of Examples

Project/Action Description	Type of Change Under Title V	Rationale
Change in facility’s contact address	Administrative change	Key example of such a change as given by regulation
Significant modification	Enhanced ATC	Applicant request granted given provision under Rule 1410 and 40 CFR 70.7
Portable aggregate screen (registration under Rule 12)	Operational flexibility under Section 502 (b)(10)	Title V permit already contains provision for registered equipment
Deletion of redundant test requirement	Minor modification	Representative test performed on identical unit; change is not significant change in MRR
Replacement of power unit (EGU)	Significant modification	Significant changes to monitoring conditions necessary

Compliance Assurance Monitoring

Background:

Compliance Assurance Monitoring (CAM) was developed as part of the requirements of the Title V of the Clean Air Act, which required continuous monitoring of many sources. Federal Environmental Protection Agency (EPA) promulgated the CAM Regulations on October 22, 1997, as Codified in the 40 CFR Part 64.  The CAM Regulations, therefore, implements the Title V monitoring principle, which is to implement monitoring for a reasonable assurance of compliance.  The concept of CAM Regulations is that if the emissions control system is working properly, there is a “reasonable assurance of compliance.”  CAM Regulations focuses on facilities with add-on controls devices to assure that control measures are properly operated and maintained so that they do not deteriorate to the point where the emission unit fails to remain in compliance.

The sections below describe details of the CAM program. Additional, this flow chart prepared by the Iowa Department of  Natural Resources provides a good overview of applicability. Please note that these resources are intended to provide guidance on applicability, but in all cases the text and formal interpretations of 40 CFR Part 64 will ultimately determine requirements.

Applicability:

Certain Title V facility owner/operators are required to submit a CAM Plan as part of their Title V applications.  CAM Regulations, pursuant to 40 CFR Part 64.2, applies to the sources which meet ALL of the following criteria:

- Is an emission unit operated at a Major Source subject to the Title V permitting, and
- Is an emission unit subject to an emission limit or an emission standard, and
- Is an emission unit which is equipped with an air pollution control device*, and
- Is an emission unit with pre-control (or uncontrolled) potential to emit emissions greater than Major Source Thresholds.

Therefore, CAM is emission unit specific and pollutant specific, where CAM Plan could be required for emissions and controls for one pollutant and not other pollutants released from an emissions unit.

*Air Pollution Control Device consists of equipment used to destroy or remove pollutants, such as end of pipe controls, scrubbers, baghouses, thermal oxidizers, catalysts (SCR, NSCR), ammonia/urea injection (SNCR), electrostatic precipitators, steam/water injections, flue gas recirculation (FGR), etc.  However, combustion or other inherent process design features, such as Low NOx Burners, Low Sulfur Fuel, Seals or Lids, etc. are not considered Air Pollution Control Devices subject to CAM Regulations.

Exemptions:

Also CAM Regulations do not apply to the following emission limits or standards:

- Post-1990 new New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) emission limits (does not include rules amended after November 15, 1990)
- Chlorofluorocarbon (CFC) Rules
- Acid Rain Requirements of Title IV of the CAA
- Title V Permits requiring continuous compliance determination using Continuous Emissions Monitoring Systems (CEMS) or equivalent Continuous Compliance Determination Method as defined in 40 CFR 64.1, and
- Emissions Caps or Emissions Trading Programs.

CAM Regulations also exempt Backup Utility Power Plants, which are:

- Municipally Owned, AND
- Exempt from the Acid Rain (Title IV of the CAA) 40 CFR Part 75 Monitoring, AND
- Peaking Units throughout the Title V Permit Term, AND
- With Actual Emissions over the last 3 years < 50% of the Major Source Thresholds.

Timing for Submittal of CAM Plans:

Title V facility owner/operators subject to CAM Plan are required to file their CAM Plan along with their Title V applications according to the following schedule:

If the facility operates any “Large” emission unit, with Post-control Potential to Emit emissions equal to or greater than Major Source Threshold, the CAM Plan must be submitted:

- At initial Title V application submittal or initial Title V Permit issuance, if the facility had not submitted a CAM Plan at the initial Title V application filing,
- When the emission unit becomes subject to a Significant Modification,
- Otherwise, at the time Title V Permit Renewal application is filed or Renewal Permit issuance, if the facility had not submitted a CAM Plan at the Renewal application filing.

If the facility operates any other emission unit subject to CAM with Potential to Emit emissions less than Major Source Thresholds:

- CAM Plan must be submitted at the time of Title V Permit Renewal application is filed or Renewal Permit issuance, if the facility had not submitted a CAM Plan at the Renewal application filing.