Title V is a Federally-mandated operating permit program for major sources of air pollution. The Title V permitting program is administered by the San Joaquin Valley Air Pollution Control District (District) in the San Joaquin Valley.
The 1990 federal Clean Air Act Amendments (CAAA) required the Environmental Protection Agency (EPA) to establish a national, federally enforceable operating permit program. Accordingly, EPA promulgated Title 40 of the Code of Federal Regulations, Chapter 1, Part 70 which requires each state or local permitting authority to develop and submit a federally enforceable facility operating permit program for EPA approval. This operating permits program is called Title V.
Title V is intended to further facilitate and enhance air quality planning, emission controls, compliance, and improve existing emission inventories. In addition to the existing regulations, Title V is intended to provide:
The District adopted Rule 2520 - Federally Mandated Operating Permits on June 15, 1995, to meet the requirements of Part 70. Rule 2520 incorporates the Title V permitting program into the District’s existing comprehensive permit program. The District rule also requires all Title V facilities to submit a Title V renewal application every five years.
The District concurrently adopted Rule 2530 - Federally Enforceable Potential To Emit so that major sources with very low actual emissions may delay implementation of Title V. Sources with potential emissions above the major source thresholds but with actual emissions less than ½ of the major source threshold may remain exempt from Title V provided they maintain records to demonstrate their low actual emissions.
District Rule 3010 - Permit Fee requires every Title V permit holder to pay an annual fee for each emissions unit (with these fees detailed in Rule 3020 - Permit Fee Schedules). The rule also requires the District to charge an evaluation fee based on the staff hours expended and an average weighted labor rate for any action on a Title V permit including processing initial permits, renewals, or any subsequent modifications.