The Clean Air Act Amendments of 1990 enacted an operating permit program to ensure compliance with all applicable requirements of the Clean Air Act and enhance EPA’s ability to enforce these requirements. States were required to develop and implement the program (40 CFR Part 70, State (Title V) Air Operating Permit Program). The Act required each state to establish a fee schedule that results in revenues sufficient to cover the permit program costs and allowed each state to choose the frequency and fee amount to cover the cost of the program. More information regarding the 1990 Clean Air Act Amendment and Title V please visit EPA’s Website.
What is a Title V Facility?
A Title V (or Part 70) source is defined in 40 CFR Part 70.3(a). Your facility is subject to Title V requirements if your facility is a major source or meets any other condition outlined in 40 CFR 70.3. A major source, defined in 40 CFR Part 70.2, is a source that has the potential to emit 10 tons per year (tpy) or more of a single Hazardous Air Pollutant (HAP), 25 tpy or more of any combination of HAPs, or 100 tpy or more of criteria air pollutant, but the limits may depend on the area’s air quality attainment status.
How Does this Work?
While it can vary from state to state, most states require submittal of an annual report of actual emissions to calculate the annual fees. Most states utilize a fee system based on cost per ton emitted of each regulated pollutant and may also include annual maintenance fee or other fees to cover permitting and compliance costs. The fee rate is set annually by the states and incorporates all the costs to run the program. More information regarding permit fees can be found on EPA’s Website, or by contacting your state agency.
Potential vs Actual Emissions
Fees are typically projected based on the potential uncontrolled emissions allowed under the Title V permit. Potential emissions are calculated based on around the clock operation at maximum capacity or as detailed in state-specific potential to emit guidelines. Actual emissions are what is actually being emitted, and takes into account actual usages, actual operating time, etc. Some states allow sites to pay fees based on the actual emissions, while others may require fees based on potential emissions.
What are Regulated Pollutants?
40 CFR 70.2 defines a regulated pollutant for presumptive fee calculation as nitrogen oxides (NOX), any Volatile Organic compounds (VOC), any pollutant for which a National Ambient Air Quality Standard (NAAQS) has been set, and any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act. Carbon monoxide and greenhouse gases are not typically considered when calculating fees.
When are the Fees due?
The EPA publishes presumptive minimum fee adjustments annually in September. Most states require the fees to be paid by September 1st to follow EPA guidelines (i.e., Mississippi). However, the Clean Air Act left the due date up to each states’ discretion. Please check with your state agency to determine the fee due date for your facility.
For questions or need assistance with Title V Annual Fees and Reports, contact Environmental Compliance & Safety at:
- Phone: (662) 840 5945
- Website: https://envirocomp.net/contact/
