Title V Operating Permits

Current Regulations and Regulatory Actions

Federal Rules – Code of Federal Regulations (CFR)

40 CFR Part 70 – State and local permitting authorities base their Title V operating permits program on this rule. Please check with your State for the specific permitting rules that apply in that State.

Appendix A of Part 70 – This appendix provides information on the approval status of State and Local operating Permit Programs.

40 CFR Part 71 – This is the rule we (EPA) use when we are the Title V permitting authority; this occurs where a State or local Title V permitting program does not exist, such as in Indian County.

Recent Regulatory Actions Related to Title V

Proposed Revisions to the PSD and Title V Permitting Regulations for GHG and Establishment of a GHG Significant Emissions Rate (SER)  
August 26, 2016 – EPA proposed a set of common sense changes needed to bring EPA’s air permitting regulations in line with Supreme Court and D.C. Circuit decisions on greenhouse gas permitting. This rulemaking proposes revisions to existing PSD and title V regulations to ensure that neither the PSD nor title V rules require a source to obtain a permit solely because the source emits or has the potential to emit GHGs above the applicable thresholds.

Proposed Revisions to the Petition Provisions of the Title V Permitting Program  
August 15, 2016 – EPA is proposing revisions to the title V operating permit regulations aimed at increasing stakeholder understanding of the title V petition process and ensuring consistent presentation of critical information. The proposed revisions would provide direction for submitting title V petitions, including encouraging the use of an electronic submittal system.

Final Amendments to Regional Consistency Regulations
July 21, 2016 – EPA finalized revisions to its Regional Consistency regulations, under the Clean Air Act (CAA). This action will streamline the application of regional or local court decisions across the EPA regional offices. These revisions introduce a narrow procedural exception under which an EPA regional office no longer needs to seek headquarters concurrence to diverge from national policy in geographic areas covered by such an adverse court decision. This exception will apply where Federal court decisions concerning the CAA have regional or local applicability.

Proposed Removal of Title V Emergency Affirmative Defense Provisions
June 3, 2016 – The EPA is proposing to align its operating permits program with requirements for air emissions limits set under other Clean Air Act programs. This proposal would remove the "emergency" affirmative defense provisions from the title V oerpating permit program regulations.

GHG PSD and Title V Final Rule to Remove Vacated Elements
August 12, 2015 – The EPA issues final rule that removes several provisions of the PSD and Title V permitting regulations that were originally promulgated as part of the 2010 Tailoring Rule and that were vacated by the D.C. Circuit in its April 10, 2015, Coalition for Responsible Regulation v. EPA Amended Judgment. This final rule is being issued without first publishing a proposed rule under the “good cause” exemption.

Prevention of Significant Deterioration Permitting for Greenhouse Gases: Providing Option for Rescission of the EPA-Issued Tailoring Rule Step 2 Prevention of Significant Deterioration Permits
April 30, 2015 – The EPA issues direct final rule to narrowly amend the permit rescission provisions in the federal Prevention of Significant Deterioration (PSD) regulations.  This action will allow the rescission of Clean Air Act PSD permits issued by the EPA or delegated state and local permitting authorities under Step 2 of the Greenhouse Gas Tailoring Rule.

Compliance Certification Content Requirements for State and Federal Operating Permits Programs:  Final Amendments
July 21, 2014 – The EPA finalized a rule that reinstates a sentence that was inadvertently deleted from federal rules regarding the compliance certification requirements for state and federal Title V operating permits programs.

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