Federal Operating Permits

The Monterey Bay Air Resources District (MBARD) developed the Title V Permitting Program to comply with the Permits Program that was included by Congress in the November 15, 1990 Clean Air Act Amendments (CAAA) and the implementing regulation developed by the U.S. Environmental Protection Agency (EPA).  These requirements are codified at 42 United States Code 7401 et. seq. Sections 501 through 507, and were further clarified with the adoption of the EPA’s Operating Permit Program on July 21, 1992 which was codified as 40 Code of Federal Regulations (CFR) Part 70.

The CAAA and Part 70 established a federal operating permit requirement on Major Sources of air pollution.  Prior to the adoption of the CAAA, the only federal permitting requirement was pre-construction review of Major Sources.  MBARD has adopted Rule 218 – Title V: Federal Operating Permits, which establishes the entire Title V Permitting Program as a standalone permit program.  What this means is that all permitted facilities retain their local District permit(s), and that Major Sources are also required to have a Title V permit for their entire facility.

The Title V permit contains all federal air pollution requirements that are applicable to each Major Source.  Key features of the Major Source Review include:

• Review of all federal and all MBARD regulations that have been incorporated into the State Implementation Plan (SIP).
• The EPA can modify, terminate, or revoke and reissue a permit if necessary.
• A public notice and U.S. EPA review period.  All comments must be addressed before the initial Title V permit is issued or renewed.
• Each Title V permit is valid for five years and must undergo an extensive review including the full public notice and EPA review prior to re-issuance.

Who Needs a Title V Permit?

Pursuant to MBARD Rule 218, Section 1.2, the following sources are required to have a Title V permit:

• any acid rain source, as defined by Title IV of the Federal Clean Air Act; or
• any solid waste incinerator that must comply with Section 129(e); or
• any other stationary source or category of sources deemed to require a Federal Operating Permit (FOP) by the United States Environmental Protection Agency (USEPA); or

Any facility that is a major source, as defined by MBARD Rule 218, Section 2.18:

• 100 tons per year of a criteria pollutant;
• 10 tons per year of a hazardous air pollutant (HAP); or
• 25 tons per year of any combination of HAPs.

Synthetic Minor Operating Permit

Sources whose potential to emit (PTE) emissions exceed the major source threshold, but whose actual annual emissions are below the Title V thresholds may opt to apply for a Synthetic Minor Operating Permit (SMOP).  SMOP permits set enforceable emissions limits below the Title V major source thresholds.

Fees​​

Title V

Application submittal fees (due at time of submittal):

• Pursuant to District Rule 308 (Title V: Federal Operating Permit Fees), Section 3.1, every applicant for an initial Title V permit, or the renewal or modification of an existing Title V permit, shall pay a filing fee as set forth in Rule 301 Table 1 Title V Fees.  In addition, the applicant must pay a public notification fee as set forth in Rule 301 Table 1, Schedule 7.

Evaluation fee (due after Title V permit has been issued):

• Pursuant to District Rule 308 (Title V: Federal Operating Permit Fees), Section 3.3, every applicant who files a Title V application shall in addition to the submittal fees, pay an evaluation fee as set forth in Rule 301 Table 1  Title V Fees for every MBARD staff hour necessary to complete the Title V evaluation pursuant to Rule 218.  This evaluation fee shall be due and payable 30 days after a statement is issued by MBARD.

Synthetic Minor Operating Permit

Every applicant for a Synthetic Minor Operating Permit shall pay a filing fee, an evaluation fee as set forth in Rule 301 Table 1 (Rule 300, Part 3: Permit Fees) and a public notification fee as set forth in Rule 301 Table 1, Schedule 7.

Documents/Forms

The applicant must use MBARD permit application forms.  Please see Rule 218, Section 3.1 for the elements required for a complete permit application.

Title V Application Forms

Synthetic Minor Operating Permit (SMOP)