Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
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Public Participation in the Title V Permitting Process
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As a member of the public, you can use the Title V program to ensure that sources are complying with the requirements that apply to them. Title V gives you the opportunity to:
- Comment on and request a public hearing on permits before they are issued, when they are renewed, and when important changes to them are proposed.
- Petition the EPA Administrator to object to State-issued permits.
- Appeal EPA-issued permits to the Environmental Appeals Board and the federal courts.
- Review the reports and certifications that permittees are required to send to the permitting agency.
Also, members of the public can bring enforcement actions in court against facilities that don't comply with their permits. For a more detailed discussion of these topics, see the Proof is in the Permit. (En Español)
Prior to issuing a permit, State permitting authorities generally follow these steps:
- Determine if permit application is complete enough to begin processing it.
- Prepare a draft permit.
- Publish a notice to inform public of (1) the public comment period (usually 30 days) for the draft permit, and (2) deadline for requesting a public hearing on the draft permit. The notice can be published in a newspaper of general circulation in the area where the source is located or in a State publication, like a State register. The permitting authority must mail notices of draft permits to persons who have requested to be on a mailing list. The notice must include:
- the name of the facility, the name and address of the permittee and the permitting agency;
- activities covered by the draft permit;
- any emissions change involved in the permit action;
- who to contact for more information, including a copy of the draft permit and supporting materials;
- how to submit comments; time/place of any hearing already scheduled;
- how to request a hearing if one has not already been scheduled.
- Decide whether to revise the draft permit (based on comments from the permitee, the public or EPA).
- Send the proposed permit to EPA for its 45-day review. If EPA has agreed to concurrent review, then its 45-day review period generally starts at the beginning of the public comment period. Check with your permitting agency, its rules, or EPA to determine if your state uses a concurrent review process.
- Revise permit within 90 days, if EPA has objected.
- Issue permit.
The following resources that may be useful in understanding the issues involved in reviewing a Title V permit:
- The Proof is in the Permit: How to Make Sure a Facility in Your Community Gets an Effective Title V Air Pollution Permit (a citizens' guide produced by the Earth Day Coalition and New York Public Interest Research Group) (En Español)
- EPA Region 3's Permit Writers' Tips
- Title V Petition Database containing EPA's responses to public petitions asking that EPA object to a permit plus most of the petitions that EPA has received.
- EPA's Applicability Determination Index, containing over one thousand EPA letters and memoranda pertaining to the applicability, monitoring, record keeping, and reporting requirements of the NSPS and NESHAP.
- Title V Policy and Guidance Database containing a number of policy and guidance documents that interpret Title V and its regulations.
- Applicable Requirements (PDF) (46 pp, 422K)
- Standard Permit Conditions (PDF) (8 pp, 200K)
- Practical Enforceability (PDF) (12 pp, 276K)
- Permit Shield (PDF) (12 pp, 322K)
- Streamlining (PDF) (9 pp, 264K)
- Periodic Monitoring (PDF) (14 pp, 250K)
- Schedules of Compliance (PDF) (5 pp, 129K)
- Alternative Operating Scenarios and Emissions Trading Provisions (PDF) (9 pp, 265K)
- Cross Referencing and Level of Detail (PDF) (6 pp, 198K)
- Origin and Authority Citation (PDF) (4 pp, 126K)
- Insignificant Activities (PDF) (5 pp, 205K)
Appendix A (PDF) (91 pp, 400K)
- White Paper 1
- White Paper 2
- CAPCOA Title V Attachment
- Memo on Objection Communication Strategy
- Example: Objection Letter
- Delegation of General Provisions Memo
- Area Source Deferrals and Exemptions for Title V Permitting
- Model Acid Rain Permit
- Credible Evidence Rule
- Memo on Startup, Shutdown, Maintenance, and Malfunction
- Memo on Limiting Potential to Emit
- National Periodic Monitoring Memo
- CAM Questions and Answers
- CAPCOA/CARB/EPA Region IX Periodic Monitoring Recommendations for Generally Applicable Requirements in SIP
- CAPCOA/CARB/EPA Periodic Monitoring Process and Criteria
- Insignificant Activities List
- Q&As on Portable Equipment
- May 20, 1999 Letter from EPA to STAPPA/ALAPCO