Air Emissions - Title V Operating Permit
An Environmental Permitting Fact Sheet
Under this permit program, administered by the Bureau of Air Management, all major sources of air pollution, and certain other sources, may be required to obtain a Title V operating permit in accordance with the Clean Air Act Amendments of 1990.
A Title V operating permit:
- is a facility-wide permit;
- brings together all applicable state and federal air pollution control requirements in a single permit;
- provides a means of implementing federal maximum achievable control technologies (MACT) standards and acid rain requirements;
- requires record keeping and monitoring.
The Department uses both individual and general permits to regulate activities. Individual permits are issued directly to an applicant, whereas general permits are permits issued to authorize similar minor activities by one or more applicants. Authorization of an activity under a general permit is governed by that general permit. The owner or operator of a source otherwise subject to the Title V operating permit program may seek coverage under the General Permit to Limit Potential to Emit from Major Stationary Sources of Air Pollution (GPLPE), instead of obtaining a Title V operating permit, if such Title V source chooses to "cap" (or limit) their emissions to levels below the applicable major source thresholds.
Sections 22a-170 and 22a-174 of the Connecticut General Statutes (CGS)
Clean Air Act (42 U.S.C., Sec. 7401 et. seq.)
Section 22a-174-33 and 22a-174-26(d) of the Regulations of Connecticut State Agencies (RCSA)
Title 40 Code of Federal Regulations (CFR) Parts 60, 61, 63, 68, 70 and 72 through 78 inclusive
Who Must Apply
The Title V permit program applies to owners or operators of any of the following:
- any facility which includes an emissions unit subject to: New Source Performance Standards (NSPS) (40 CFR Part 60); National Emission Standards for Hazardous Air Pollutants (NESHAPS) (40 CFR Parts 61 and 63); chemical accident prevention provisions (40 CFR Part 68); or federal acid rain program requirements (40 CFR Parts 72 - 78, inclusive);
- any facility which includes a municipal waste combustion unit with the capacity to burn greater than 35 Mg per day of residential, commercial and/or institutional discards (i.e., a facility which is subject to Section 129(e) of the Clean Air Act);
- any facility which has the potential to emit, including fugitive emissions to the extent quantifiable:
10 tons per year (TPY) or more of any one hazardous air pollutant (HAP) listed in Section 112(b) of the Clean Air Act, except hydrogen sulfide and caprolactam; or
25 TPY or more of any combination of HAPs listed in the Section 112(b) of the Clean Air Act, except hydrogen sulfide and caprolactam, or the quantity established by the Administrator of the US Environmental Protection Agency (EPA) pursuant to 40 CFR Part 63;
100 TPY or more of any regulated air pollutant that is not a greenhouse gas (GHG);
50 TPY or more of volatile organic compounds (VOCs) or nitrogen oxides (NOx) in a serious ozone nonattainment area;
25 TPY or more of VOCs or NOx in a severe ozone nonattainment area; or
100,000 TPY or more of GHG (CO2e basis) and 100 TPY or more of GHG (mass basis).
Some restrictions and exemptions apply. Please see RCSA Section 22a-174-33
A New Title V Permit or Renewal of an Existing Title V Permit Application form (DEEP-TV-APP-100), including all supporting documentation such as USGS topographic quadrangle map (8½" by 11" copy or original) or latitude and longitude, Alternative Operating Scenario general and source specific information, Title V Compliance Plan; and all other attachments required for your specific application.
There is no permit application fee associated with the Title V program, however Title V sources are subject to annual emission fees based on actual emissions pursuant to RCSA Section 22a-174-26(d).
Review and Processing
Upon receipt of the application package, a preliminary review of the application is conducted for sufficiency and general consistency with applicable standards and criteria. An initial technical review is performed to assess the maximum potential emissions of the facility. This analysis determines whether or not a permit is required. If a permit is not required, the Department sends notification of this to the applicant.
If a permit is required, a detailed technical review is conducted to ensure that all applicable requirements have been identified and that the source is in compliance with such requirements. Upon completion of this technical review, a draft permit is written and a tentative determination to grant or deny the permit application will be made. The Department will publish the Notice of Tentative Determination in a newspaper having general circulation in the affected area. The applicant is billed for the cost of publishing the notice. Interested persons have 30 days from publication of the notice to submit written comments on the draft permit or request a public hearing. The tentative determination is also sent to the Environmental Protection Agency (EPA) for review and comment and their 45 day comment period runs concurrently with the 30 day public comment period.
After completion of the comment periods and consideration of any comments, and subsequent to the close of any hearing, the Department will issue a final decision on the permit application. Any final permit may contain operating limits and conditions, and monitoring, recordkeeping and reporting requirements.
Unique Processing Features
The applicant is required to send a copy of the permit application materials to the EPA Administrator. In addition, EPA and the director of the air pollution control program in any state within 50 miles of the source are provided an opportunity to review the commissioner’s proposed tentative determination.
The applicant is responsible for publishing a Notice of Application when the application is submitted to the Department. Once this notice is published, the applicant must send a copy of the notice to the Chief Elected Official of the municipality in which the regulated activity is proposed, and send a copy of the notice, along with the Certification of Notice Form – Notice of Application (DEP-APP-005A), to the Department. After the technical review, a second public notice is published stating the commissioner’s tentative decision to grant or deny the permit. Following publication of the Notice of Tentative Determination, there is a 30 day comment period during which written comments may be submitted and a public hearing requested. A public hearing may be held following receipt of a request for a public hearing or on the commissioner’s own initiative. The Department may require an applicant to post a sign on the site or to provide any other reasonable form of notice necessary to apprise the public and abutting landowners of the proposed activity.
Application Average Processing Time
For this permit program, processing time for a typical application, based upon recent experience is less than 18 months for new permits and 12 months for permit renewals. Past performance is not a guarantee of future processing timeframes. In order to increase the efficiency of application processing, we recommend that you utilize the Bureau of Air Management’s Pre-Application and Application Review Meetings process, assure that your application package is properly completed at the time of submittal, and that you promptly reply to any requests for information.
The permit will expire on a date no later than five years after the date the commissioner issues such permit. To renew a permit, the permittee must submit a sufficient renewal application no later than 365 days prior to the permit expiration date.
The commissioner may revoke any permit on his own initiative or at the request of the permittee in accordance with CGS Sections 4-182(c) and 22a-174c, RCSA Section 22a-3a-5(d), and any other applicable law. Any such request shall be in writing and contain facts and reasons supporting the request. See License Revocation Request Form (DEEP-AIR-REQ-004) for additional information on requesting a license revocation.
For permit related questions, call the Bureau of Air Management’s Engineering and Technical Services Division at 860-424-4152.
Clean Air Act (CAA)
Bureau of Air Management
Department of Energy and Environmental Protection
79 Elm Street, Hartford CT 06106-5127
Fact Sheet: DEEP-TV-FS-100
Content Last Updated May 2013