Who Has to Obtain a Title V Permit

Any Major Source:

A major source has actual or potential emissions that meet or exceed the major source threshold for their location.
The major source threshold for any “air pollutant” is 100 tons/year (this is the “default value”).
Lower thresholds apply in non-attainment areas (but only for the pollutant that are in non-attainment). (See Table below).
Major source thresholds for “hazardous air pollutants” (HAP) are 10 tons/year for a single HAP or 25 tons/year for any combination of HAP.
EPA generally has not required non-major sources to get permits (except as shown below).

Any Source with a Major Source Permit under PSD or NSR

“Affected Sources” under Acid Rain Rules -- Regardless of Size

Solid Waste Incineration Units under Section 129 -- Regardless of Size

Municipal waste combustors (large and small)
Hospital/medical/infectious waste incinerators
Commercial and industrial solid waste incinerators
Other solid waste incinerators

Non-major Sources subject to NESHAP (MACT or GACT) Standards

Hazardous waste combusters
Portland cement manufacturers
Mercury cell chlor-alkali plants
Secondary lead smelters
Carbon black production
Chemical manufacturing: chromium compounds
Primary copper smelting
Secondary copper smelting
Nonferrous metals area sources: zinc, cadmium, & beryllium
Glass Manufacturing
Electric Arc Furnace (EAF) Steelmaking Facilities

[Note that if any newly promulgated NSPS or MACT standard regulates area sources, it must clarify whether the area sources are required to obtain title V permits.]

Non-major Sources subject to MACT & NSPS Standards

Municipal solid waste landfills (design capacity ≥ 2.5 million mega-grams and 2.5 million m³)

Any Source in a Source Category Designated by EPA – None so far

Table 1 – Lower Major Source Thresholds for Non-attainment Areas

Non-attainment Area Designation	VOC or NOx	CO	PM-10
Marginal	100 tpy
Moderate	100 tpy	100 tpy	100 tpy
Serious	50 tpy	50 tpy	70 tpy
Ozone transport region (other than severe or extreme)	50 tpy (VOC only)
Severe	25 tpy
Extreme	10 tpy

Note: Do not rely on this information for determining major source status or for a list of area sources required to obtain title V permits. This list may not be updated regularly. Instead rely on the applicable regulations as published in 40 Code of Federal Regulations (see Laws and Regulations).

Who Has to Obtain a Title V Permit

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