A Title V Operating Permit serves to regulate air emissions from an operating source to attain and maintain the National Ambient Air Quality Standards and ambient air limits.
The Title V Operating Permit applies to sources that have completed construction, started operation, and demonstrated compliance with all applicable air regulations. Title V Operating Permits are issued to sources or devices that were required to hold temporary permits and emit or have the potential to emit the following pollutants at the levels specified:
- 10 tons per year (TPY) or more of any one hazardous air pollutant;
- 25 TPY or more of any combination of hazardous air pollutants;
- 100 TPY or more of NOx for sources located in Belknap, Carroll, Cheshire, Coos, Grafton and Sullivan counties;
- 50 TPY or more of NOx for sources located in Hillsborough, Merrimack, Rockingham and Strafford Counties;
- 50 TPY or more of VOCs; or
- 100 TPY or more of any criteria pollutant (e.g., sulfur dioxide).
If the source is subject to new source performance standards (NSPS), maximum achievable control technology (MACT), national emissions standards for hazardous air pollutants (NESHAP), or acid rain control, a Title V Operating Permit may be required even if emissions do not meet the criteria outlined above.
Statute and Administrative Rules
RSA 125-C:11 Air Pollution Control/Permit Required
RSA 125-C:12 Air Pollution Control/Administrative Requirements
RSA 125-C:13 Air Pollution Control/Criteria for Denial; Suspension or Revocation; Modification
RSA 125-I:3 Air Toxic Control Act/Toxic Air Pollutant Control; Exemptions
RSA 125-I:5 Air Toxic Control Act/Compliance; Permit Required
Env-A 609 Title V Operating Permits (Env-A 600: Statewide Permit System)
The owner or operator seeking a Title V Operating Permit shall submit an application package containing the following data:
1) Form ARD-1 General Information for All Permit Applications;
2) Complete application form(s) for each significant source or device (Forms ARD-2 through ARD 6).
3) A statement signed by the responsible official which states “I certify that the applicant, or the owner or operator the applicant represents, has the right, title, or interest in all of the property that is proposed for development or use because the owner or operator owns, leases, or has binding options to purchase all of the property proposed for development or use.”
4) All information specified in Env-A 1709, Information Required for Title V Sources, updated for current operations (Env-A 1700: Permit Application Forms);
5) Where air pollution dispersion modeling is required for a source or device pursuant to Env-A 606.02, Applicability, or Env-A 1405.02, Air Dispersion Modeling Analysis, the information required pursuant to Env-A 606.03, Responsibility for Conducting Air Pollution Dispersion Modeling Impact Analysis (Air Quality Modeling Program);
6) For a source with air pollution control equipment as defined in Env-A 101.17, an air pollution control equipment monitoring plan or catalyst management plan pursuant to Env-A 810.01, Monitoring Plans for Air Pollution Control Equipment, (Env-A 800 Testing and Monitoring Procedures);
7) If a plan is not required pursuant to Env-A 810.01, a description of the monitoring the source intends to conduct to demonstrate compliance with all applicable state and federal statutes, rules, and permits, as specified in Env-A 810.02;
8) Facilities with emission units subject to the Compliance Assurance Monitoring (CAM) requirements specified in 40 CFR 64 will need to submit a CAM Plan; and
9) Upon filing materials with DES Air Resources Division, the source is responsible for sending a copy of all required materials to US EPA Region 1.
No application fee. Source is still subject to emission-based fees and applicable testing and monitoring fees.
Required Air Permit Fees
The estimated processing time after an application is deemed complete is 18 months.
A Title V Operating Permit is valid for 5 years. DES Air Resources Division must receive a renewal application six months prior to permit expiration.
The applicant must provide DES Air Resources Division a written request to modify an existing permit as described in Env-A 600: Statewide Permit System (see Env-A 612.01 Administrative Permit Amendments, Env-A 612.05, Minor Modifications: Title V Operating Permits, or Env-A 612.06, Significant Permit Modifications: Title V Operating Permits) and Env-A 100: Organizational Rules (see definitions in Env-A 101.08 Administrative permit amendment and 101.118 Minor permit modification).
Thirty days after any change of the owner or operator, the new owner or operator must provide DES Air Resources Division with the following:
1) An ARD-1 Form with the following two sections completed: Section I. FACILITY INFORMATION A through H, and Section IV. CERTIFICATION.
2) A statement signed by the responsible official which states “I certify that the applicant, or the owner or operator the applicant represents, has the right, title, or interest in all of the property that is proposed for development or use because the owner or operator owns, leases, or has binding options to purchase all of the property proposed for development or use.”
3) A written agreement pursuant to Env-A 101.08: Administrative Permit Amendment containing a specific date for transfer of permit responsibility, coverage and liability, including report submittal and payment of annual emission fees.
Once these submittals are received, DES Air Resources Division will process an Administrative Amendment according to Env-A 612.01: Administrative Permit Amendments and issue the amended permit in the new owner’s name.
Any person aggrieved by the final decision may file an appeal to Air Resources Council within 10 days of the final decision in accordance with Env-AC 200.
Status of Current Applications
Air Stationary Sources Search
A pre-application meeting may be scheduled to discuss the permit application prior to the submission of the application, if requested. Contact Gary Milbury at [email protected] or (603) 271-2630.
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