Program Overview

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.

DEP 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.

Authorizing Statutes

Sections 22a-170 and 22a-174 of the Connecticut General Statutes (CGS)

Federal Clean Air Act (42 U.S.C., Sec. 7401 et. seq.)

Regulations

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 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:

1. ten (10) tons per year (TPY) or more any one hazardous air pollutant (HAP) listed in Section 112(b) of the Clean Air Act, except hydrogen sulfide; or

2. twenty-five (25) TPY or more of any combination of HAPs listed in the Section 112(b) of the Clean Air Act, except hydrogen sulfide, or the quantity established by the Administrator of the US Environmental Protection Agency (EPA) pursuant to 40 CFR Part 63;

3. one hundred (100) TPY or more of any regulated air pollutant;

4. fifty (50) TPY or more of volatile organic compounds (VOCs) or nitrogen oxides (NOx) in a serious ozone nonattainment area; or

5. twenty-five (25) TPY or more of VOCs or NOx in a severe ozone nonattainment area.

(Some restrictions and exemptions apply. Please refer to RCSA Section 22a-174-33 for complete applicability rules.)

Required Documents

Permit Application for Title V Stationary Sources of Air Pollution (DEP-AIR-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; Permit Application Transmittal Form (DEP-APP-001); and all other attachments required for your specific application.

Fees

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, DEP 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 tentative determination to grant or deny the permit application will be made. A notice of tentative determination will be published and public comments will be solicited on that tentative determination. In some cases, a public hearing may need to be held. After completion of the technical review and consideration of any public comments, and subsequent to the close of any hearing, DEP 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.

Public Participation

The applicant is responsible for publishing a Notice of Application when the application is submitted to DEP. 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 DEP. 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 thirty 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. DEP 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.

Average Processing Time

Preliminary Sufficiency Determination
Secondary Sufficiency Determination
Tentative Determination

Permit Duration

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.

Contact Information

TITLE V PERMITS
BUREAU OF AIR MANAGEMENT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127

860-424-4152