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Title V Permit FAQ's

Q: What is the process for Title V Permit issuance in the AVAQMD?

A: TITLE V Permit issuance uses the following steps:

1. AVAQMD staff will determine if permit application is complete enough to begin processing it.

2. AVAQMD staff will prepare a draft permit. 

3. AVAQMD staff will publish a notice to inform public of:

(a) the public comment period (usually 30 days) for the draft permit, and

(b) deadline for requesting a public hearing on the draft permit. The notice is published in a newspaper of general circulation in the area where the source is located. The mail notices of USEPA, CARB, and other air agencies within 50 miles of the facility and all persons who have requested to be on a mailing list.

The notice includes:

  • the name of the facility, the name and address of the permittee and the permitting a agency;
  • activities covered by the draft permit;
  • any emissions change involved in the permit action;
  • who to contact for more information, including a copy of the draft permit and supporting materials;
  • how to submit comments; time/place of any hearing already scheduled; and
  • how to request a hearing if one has not already been scheduled.

4. Send the proposed permit to EPA for its 45-day review. This is usually done concurrently with the public notice step.

5. Issue permit.

Q: What are the requirements for a facility
once the Title V permit is issued?

A: Once a final Title V permit is issued, it does not need to be renewed until five years from the effective date. Facilities must comply with all new periodic monitoring and recordkeeping requirements and some facilities may be required to comply with more than one version of the same AVAQMD rule. Also, there are reporting requirements such as deviation (non-compliance) reports, semi-annual monitoring reports and annual compliance certification reports. Each of these new requirements are listed below.

  • Periodic Monitoring Requirements
  • Deviation and Breakdown Notification
  • Semi-Annual Monitoring Reports
  • Annual Compliance Certifications
  • Non-Compliant Operations
  • Current SIP Approved Rules
  • Compliance with Outdated Rules in the State Implementation Plan

Q: How can I participate in the Title V permitting process?

A: The AVAQMD’s EPA-approved Title V program provides that any member of the public may petition EPA to object to a Title V permit on any issue raised during the public comment period of the permit. (AVAQMD Rule 3009 (B).) The petition must be submitted to EPA within 60 days of the end of the Agency’s 45-day review period.

Click here to view current Title V notices.

As a member of the public, you can use the Title V program to ensure that sources are complying with the requirements that apply to them. Title V gives you the opportunity to:

  • Comment on and request a public hearing on permits before they are issued, when they are renewed, and when important changes to them are proposed.
  • Petition the EPA Administrator to object to State-issued permits.
  • Appeal EPA-issued permits to the Environmental Appeals Board and the federal courts.
  • Review the reports and certifications that permittees are required to send to the permitting agency.

Also, members of the public can bring enforcement actions in court against facilities that don't comply with their permits.

For additional information regarding public participation please see the USEPA Document: “Proof is in the Permit: How to make sure a facility in your community gets an effective air quality Title V air pollution permit” .

Para leer “El permiso es lo que vale: Como Asegurarse de que una Instalacion en su Comunidad Obtenga un Permiso Efectivo de Contaminacion del Aire segun el Titulo 5”.

Q: How do I get more information on Title V Permits in general or on a specific permit?

A: Contact the District at 661-723-8070.

Q:Who is subject to the Title V (Federal Operating Permit) Program?

A: Under the Clean Air Act, large facilities are subject to the Title V Program. The amount of air pollutants for a facility to be labeled “major” varies depending upon the severity of the air pollution problem in a particular location. A major facility in the AVAQMD is one that emits or has the potential to emit following amounts:

  • 100 tons per year or more of any air pollutant
  • 25 tons per year or more of either Volatile Organic Compounds (VOC s) or Oxides of Nitrogen (NOX)
  • 10 tons per year or more of a single Hazardous Air Pollutant (HAP)
  • 25 tons per year or more of a combination of HAPs.
  • 100 tons per year of Greenhouse Gases (CO2, NOx, Methane, Hydrofluorocarbons, Perfluorocarbons, and/or Sulfur Hexafluoride) AND 100,000 tpy of CO2 equivalent greenhouse gas emissions.

Any stationary source that is subject to the “acid rain” provisions of Title IV of the Federal Clean Air Act is also subject to the Title V program. These include, but are not limited to, certain solid waste incinerator units.

Any other facility that is in a source category that is required to obtain a Title V permit directly pursuant to USEPA regulations is subject to the Title V Program.