Frequent Questions

If I became subject to Title 5 permitting for the first time as a result of being subject to the Phase 1 HWC NESHAP (1999 standards), what do I need to do to include the February 13, 2002 interim standards and February 14, 2002 final amendments in my perm

If you first became subject to Title 5 permitting requirements as a result of the Phase 1 HWC NESHAP promulgated on September 30, 1999, you should have submitted a complete application for a Title 5 permit by September 30, 2000, and should have been issued a Title 5 permit by March 30, 2002. See 40 CFR 70.5(a)(1)(i), 70.7(a)(2), 71.5(a)(1)(i), and 71.7(a)(2). 

If this standard is the only reason that you are now subject to Title 5, then you are an area/nonmajor source for which a "positive area source finding" has been made. This means that even though your emissions qualify only as area source status, we chose not to exclude you from Title 5 permitting (refer to 40 CFR §§63.1(c)(2), 70.3 (a) and (b) and 71.3(a) and (b)) under this NESHAP. (Major sources would have already applied for or obtained Title 5 permits prior to being subject to this NESHAP.) Title 5 requires that sources supplement their permit applications if additional information becomes available, such as the promulgation of new or revised requirements. Therefore, if your Title 5 permitting authority had not released your draft permit by February 14, 2002, then you were required by 40 CFR 70.5(b) or 71.5(b) to supplement your Title 5 application by providing additional information as necessary to address the applicable requirements from the February 13, 2002 and February 14, 2002 rules. This update of the application should have ensured that the Title 5 permit when issued, included the applicable requirements from the February 13 and February 14 rules. 

If, however, your Title 5 permit was issued and it did not include the applicable requirements from the February 13th and February 14th rules due to the timing of permit issuance relative to when these standards were promulgated, then your permitting authority can wait until permit renewal to incorporate these applicable requirements into your Title 5 permit. This is because the permit reopening provisions of 40 CFR 70.7(f) and 71.7(f) only apply to major sources. See also section 502(b)(9) of the CAA. Of course, these applicable requirements would also be included in your permit renewal application. See 40 CFR 70.5(a)(1)(iii), 70.5(c)(4)(i), 71.5(a)(1)(iii) and 71.5(c)(4)(i). Also, remember that as an area/nonmajor source, your Title 5 permit application as well as your Title 5 permit, is only required to address the emissions units which caused your source to be subject to Title 5. However, the permit applications and permits for these nonmajor sources must include all of the applicable requirements that apply to the triggering units, e.g., State Implementation Plan requirements. See 40 CFR 70.3(c)(2) and 71.3(c)(2). Since all permits for area sources subject to the Phase 1 HWC NESHAP should have been issued by March 30, 2002, the permanent replacement standards (scheduled to be promulgated in 2005) will need to be incorporated into area source permits at the time of permit renewal. It is always advisable to consult with your permitting authority regarding their specific Title 5 permit reopening and renewal procedures. 

For more information on Title 5 permitting, see the Title 5 Operating Permits Fact Sheet  (PDF, 379 KB) in this toolkit and the section entitled "A. Positive Area Source Finding for Hazardous Waste Combustors" in the preamble to the final rule at 64 FR 52837, September 30, 1999.

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