Please contact Barbara Dorfschmidt, DES operating permits program manager, at [email protected] or (603) 271-6796, if you have any questions regarding New Hampshire's Title V program.
The Title V Operating Permit Program, effective June 30, 1995 is a requirement of the federal Clean Air Act Amendments of 1990 (CAA). Title V operating permits are federal operating permits issued to sources, called "major sources" which 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 ("HAP"),
- 25 TPY or more of any combination of HAPs;
- 100 TPY or more of Nitrogen Oxides ("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 Volatile Organic Compounds ("VOC"); or
- 100 TPY or more of any criteria pollutant (e.g. sulfur dioxide, particulate matter, carbon monoxide, etc.).
Other sources, including area sources, may be required to obtain Title V operating permits if they are subject to federal requirements relating to new source performance standards, hazardous air pollutants or acid rain control.
The process for issuing Title V permits can be broken down into four main areas, Application Review, Public Notice, Proposed Title V Permit and Final Permit Issuance, as follows:
1. Application Review
In accordance with the New Hampshire Code of Administrative Rules, Part Env-A 609 Title V Operating Permits, the Department of Environmental Services, Air Resources Division ("DES") shall review all applications for Title V operating permits to ensure compliance with all applicable elements of the State Implementation Plan ("SIP") and the NH RULES GOVERNING THE CONTROL OF AIR POLLUTION. Upon review of an application for the issuance or renewal of a Title V operating permit, the application shall be deemed complete in accordance with Env-A 609.05, Division Review of Applications within 60 days of receipt by the director, unless DES requests additional information or otherwise notifies the applicant of incompleteness. In accordance with Env-A 609.11, Application Deficiencies, any applicant who fails to submit any required information or who has submitted incorrect information in any permit application shall, upon being notified by DES or otherwise becoming aware of such failure or incorrect submittal, submit in writing to DES such supplementary facts or corrected information no later than 30 days after such discovery or notification. Once this information is received, reviewed and approved by DES the application will be deemed complete. This process is known as an Administrative Completeness Determination.
2. Public Notice
In accordance with Env-A 200 Procedural Rules (under Env-A 206.02 Public Notice), within 10 days after the completion of a draft Title V operating permit, DES shall publish a public notice of the receipt of application and the intent to issue such permit. The public notice shall be published in a newspaper of general daily statewide circulation (Union Leader), and shall contain the following information:
- The name and address of the applicant;
- The location of the site or the proposed site;
- A brief description of the source and the activity or activities involved in the permit action;
- For permit modifications, the change in emissions resulting from such modification;
- The name, address, and phone number of the person to be contacted for further information;
- The location(s) where, and the hours during which the completed application and other pertinent information may be examined and/or obtained;
- A statement that any person may request a public hearing and an explanation of how to request such hearing;
- The date by which, and the address where, written comments and/or requests for a public hearing shall be filed, the said date to be no sooner than 30 days after the publication of said notice;
- The number of allowances authorized pursuant to 40 CFR 73.10(b) for any acid rain affected source;
- The name and address of the permitting authority; and the identity of the Title V source; and
- The identity of the Title V source.
Copies of the public notice and a draft Title V operating permit, including the deadline by which comments shall be received, are sent to all surrounding (affected) states, the town where the source is located, the Environmental Protection Agency (EPA Region I), the source and all other interested parties. If during the public comment period a request for a public hearing is received, DES will process the request and schedule a hearing in accordance with Env-A 206.05 Requests for Public Hearing.
3. Proposed Title V Permit
Once all comments have been received from EPA, the public, the source and all other interested parties, a proposed Title V permit is developed. The proposed Title V permit reflects any changes made to the draft permit resulting from comments received during the public notice period. A copy of the proposed permit is sent to EPA, the source and all other interested parties. EPA has 45 days to comment on the proposed permit prior to the Title V permit being issued as final.
4. Final Permit Issuance
Once EPA's 45 day review period ends and all comments have been received and addressed, the final Title V permit is issued. In many cases, prior to the end of EPA's 45 day review period, EPA will issue DES a letter indicating that EPA does not object to the issuance of the Title V permit. In this instance, DES will issue the final Title V permit prior to the end of EPA's 45 day review period. Once the Title V permit is issued to a source, the Title V permit is valid for a period of 5 years from the date of issuance.