Frequent Questions

If I am a non-major source and I must obtain a CAA Title 5 permit only because of the Phase 1 HWC NESHAP, do I have to include my other units in my Title 5 permit?

No. If a nonmajor source (also known as an "area" source) is subject to Title 5 permitting only because it has a combustion unit that must comply with the Phase 1 HWC NESHAP, we do not require that other units, if any, at the source (i.e., emissions units not previously subject to Title 5) also be included in the permit (see 40 CFR §70.3(c)(2) and 71.3(c)(2)). 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). You should note that your state may issue more stringent requirements than the federal requirements. Thus, you may be required under state regulations to include other units in your Title 5 permit even if you are not required to do so under the federal regulations.
 
Under federal regulations, only major sources must include all applicable units (present at the source) in their Title 5 permits. A major source is one that emits or has the potential to emit greater than 10 tons per year (tpy) of an individual HAP, or greater than 25 tpy of HAPs in aggregate (see definition for "major source" at 40 CFR 63.2). When determining whether a source's classification is major or area, all units at the source that emit or have the potential to emit HAPs are considered. 

For more information on Title 5 permitting, see the Title 5 Operating Permits Fact Sheet  (PDF, 379 KB).
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