Frequent Questions

What is the difference between a CAA Title 5 operating permit and a New Source Review permit?

There are two basic types of permits required for major stationary sources under the CAA: New Source Review (NSR) permits and Title 5 permits. NSR permits, commonly referred to as construction permits, are required for all new major sources. They also are required for all existing major sources that are adding or modifying emissions units. NSR permits contain the conditions necessary to construct or modify a source. In addition, NSR permits will often include operating conditions. For example, some states typically include conditions for shakedown and the temporary operation of the source in an NSR permit. The operating conditions may be incorporated later into a source's Title 5 operating permit. 

Title 5 permits are required for the operation of all new and existing major sources. They also may be required for non-major sources subject to standards developed under sections 111 or 112 of the CAA (40 CFR §70.4(a)). Title 5 permits contain all CAA requirements applicable to a source, including emission limits and any monitoring, record keeping and reporting requirements (40 CFR §70.6(a)). These permits are more comprehensive than NSR permits and, as mentioned above, may incorporate NSR permit conditions. 

For more information regarding NSR and Title 5 permits, see the Air program's NSR website at http://www.epa.gov/nsr/ and the Title 5 Operating Permits Fact Sheet  (PDF, 379 KB). Also, see the section entitled "1. How Are the Title 5 Permitting Requirements Applicable?" in the preamble to the final rule at 64 FR 52977, September 30, 1999.
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