Title V Permitting Program

Title V of the federal Clean Air Act reauthorization (1990) requires each state to develop a permit-to-operate system and emission fee program for major sources of air pollution. Ohio’s rules for this program became effective in April 1994. The Title V permit for major sources is enforceable by Ohio EPA and U.S. EPA. Major sources must certify compliance with the terms of their permits annually.

Under Title V, major sources are those with a potential to emit:

  • 100 tons per year or more of any one regulated pollutant (PM10; nitrogen oxides; sulfur dioxide;
     carbon monoxide; volatile organic compounds; and lead).
  • 10 tons per year or more of any one hazardous air pollutant (HAP), or
  • 25 tons per year or more of any two or more hazardous air pollutants.

U.S. EPA currently lists 188 HAPs in Section 112 of the 1990 Clean Air Act.

Please use the tabs below to learn more about the Title V permitting program.

Title V of the federal Clean Air Act reauthorization (1990) requires each state to develop a permit-to-operate system and emission fee program for major sources of air pollution. The operating permit program streamlines the way federal, state, tribal and local authorities regulate air pollution by consolidating all air pollution control requirements into a single, comprehensive "operating permit" that covers all aspects of a source's year-to-year air pollution activities. The program is designed to make it easier for sources to understand and comply with control requirements, and results in improved air quality. 

Ohio’s rules for this program became effective on April 20,1994. The Title V permit for major sources is enforceable by Ohio EPA and U.S. EPA. Major sources must certify compliance with the terms of their permits annually. 

Under Title V, major sources are those with a potential to emit:

• 100 tons per year or more of any one regulated pollutant (PM 10, nitrogen oxides, sulfur dioxide, carbon monoxide, volatile organic compounds and lead);

• 10 tons per year or more of any one hazardous air pollutant; or

• 25 tons per year or more of any two or more hazardous air pollutants (U.S. EPA currently lists 188 hazardous air pollutants in Section 112 of the 1990 Clean Air Act).

  • Final Approval of Ohio EPA's Title V Program appeared in the August 15, 1995 Federal Register [TXT] or [PDF]
  • Title V permits identify all "applicable requirements" that are established through facility compliance with requirements based on the approved Ohio State Implementation Plan, (link Provided by U.S. EPA Region V Office)

Monitoring, Reporting, Compliance and Certification

A Title V permit includes emission limits and standards, as well as monitoring, record-keeping and reporting requirements. Records of required monitoring must be submitted periodically based on the reporting deadline(s) established in the issued final permit. All Title V permit holders must certify annually that they have complied with the terms of their Title V permit.

Fees

Fees are assessed on the actual amount of emissions of particulate matter, sulfur dioxide, nitrogen oxides, organic compounds and lead. Ohio EPA uses Title V fees exclusively to manage the Title V permitting program.

Small Business Assistance

As required in Title V, Ohio EPA has developed a program to help small businesses comply with complex Clean Air Act requirements. This service offers technical assistance, an ombudsman to represent small business concerns and a clearinghouse of information regarding compliance methods and technologies.

Ohio's Title V rules can be found in the Ohio Administrative Code (OAC) Chapter 3745-77

Could not find what you were looking for via the links below? Many topics are cross-referenced and searchable via the Agency "Answer Place"

Applicability

Under Title V, major sources are those with a potential to emit:

  • 100 tons per year or more of any one regulated pollutant (PM10; nitrogen oxides; sulfur dioxide; carbon monoxide; volatile organic compounds; and lead).
  • 10 tons per year or more of any one hazardous air pollutant (HAP), or
  • 25 tons per year or more of any two or more hazardous air pollutants.

U.S. EPA currently lists 188 HAPs in Section 112 of the 1990 Clean Air Act.

Title V Permit Rules and Air Pollution Control Fees

Guidance on the Major Source Determination for Certain Hazardous Air Pollutants (Guidance to clarify how to apply the major source threshold for hazardous air pollutants (HAPs) that are listed as compounds, salts and esters, and/or as "plurals").

Exemption of Certain Area Sources

Properly characterize insignificant activities

R&D Facility Applicability Under Title V Permitting notification (02/16/96)

Memo from U.S. EPA regarding extension of deadline for Two-Year Transition facilities as specified in Engineering Guide #61 (9/5/96)

Responsible Official

Clarification on "Documents Requiring Signature by a Responsible Official for a Facility Subject to Air Pollution Regulations" (revised 4/29/04)

Ensuring the Correct Person is Acting as the Responsible Official for a Facility Subject to Air Pollution Regulations (revised 4/28/04)

Engineering Guides

Click here for all Engineering Guides

Miscellaneous

Maximum Achievable Control Technology (MACT) Standards

Letter from Bob Hodanbosi, Chief, Ohio EPA Division of Air Pollution Control, to Cheryl Newton, Acting Director, U.S. EPA Region V Air and Radiation Branch, regarding Inclusion of Clean Air Act Section 112(r) Requirements in Title V Permits (4/28/03)

Guidance on the Criteria for Granting One-Year Extensions under the Utility MATS Rule

Guidance for Incorporating Facility Changes into a Title V Permit (3/9/05)
Decision Tree "A" for Incorporating Facility Changes into a Title V Permit
Decision Tree "B" for Incorporating Facility Changes into a Title V Permit
Decision Tree "C" for Incorporating Facility Changes into a Title V Permit

Title V Permit General Terms and Conditions and Log of Prior Changes

Title V Permit Rules & Air Pollution Control Fees

To read about the Title V Permitting Process, click here

FAQ and Policy Issues

Could not find what you were looking for via the links below? Many topics are cross-referenced and searchable via the Agency "Answer Place"

Annual Title V Compliance Certification (Updated January, 2014)

Note:  Air Services is the required mechanism for submitting the certifications to Ohio EPA. 

Beginning in 2014, U.S. EPA only requires a hard copy of the Compliance Certification to be sent to U.S. EPA Region V if the submitted Compliance Certification includes confidential or trade secret claimed information. If no confidential or trade secret information is included in the submission,  electronic submission via Air Services also meets the federal submission requirement to U.S. EPA pursuant to agreement between Ohio EPA and U.S. EPA, Region V. This agreement applies to any outstanding Compliance Certification or revision to a previously submitted Compliance Certification. Please also note that this agreement only covers submission of the Title V Compliance Certification.

If confidential or trade secret information is included in a submission, a copy of the Title V Compliance Certification still must also be submitted (i.e., post marked by the filing date indicated in your Title V permit) to:
Administrator of the United States Environmental Protection Agency c/o Director
Air and Radiation Division
U.S. EPA Region 5 
77 W. Jackson Blvd., AE-17J
Chicago, Illinois 60604

Sample cover sheet that can accompany the hard copy you send to U.S.EPA ( [DOC], PDF). 

As an Air Services user, you can either take advantage of the online Air Services form, or complete the Microsoft Word version provided below and electronically attach it to the Air Services Compliance Certification submission (note, the RO does not need to sign the MS Word version, PINing the submission constitutes their signature/certification). You also have the option to have the RO sign a downloadable attestation document that can be signed, scanned, and uploaded as part of submitting the Compliance Certification via Air Services. See a short video showing how to accomplish this at the Ohio EPA Answer Place topic ID 2239.

Please direct any permit specific questions to your District Office or Local Air Agency representative. All other questions concerning completion of the form can be sent to Mike Ahern.

Title V Compliance Certification Form and Instructions ( [DOC], PDF )
Title V Compliance Certification Form Example 1 (PDF)

Deviation Reporting

Title V Deviation Reporting Form and Instructions (WordPerfect, MS-WordPDF )
Title V facility responsible officials are required to submit quarterly and semi-annual deviation reports for all deviations from applicable requirements contained in the final Title V permit for the facility. A framework for deviation reporting is provided above based on requests from Title V responsible officials. Ohio EPA will also post other deviation report formats that are acceptable if responsible officials agree to our posting their report format on this web page.

Title V Emissions Fee Reporting

The 1990 federal Clean Air Act Amendments established new permitting and reporting requirements for air polluting facilities. Under Title V of the amendments, facilities that have the potential to emit certain amounts of air pollution are required to apply for and obtain a state-federal operating permit and pay emission fees. The Title V permit program is administered by each state's environmental agency which uses the fees for air pollution monitoring, inspections and for providing technical assistance. The emissions fee rules are contained in OAC chapter 3745-78 and Division 3745.11 of the Ohio Revised Code.

Fees are assessed on the actual amount of emissions of particulate matter, sulfur dioxide, nitrogen oxides, organic compounds and lead. The fee for reporting year 2013 is $47.52/ton. Fees are calculated based on a base fee of $25/ton in 1989 dollars. This fee is subject to annual increases as measured against 1989 Consumer Price Index.

Each Title V facility needs to submit a fee emission report annually to the Ohio EPA. Title V fee reports are due annually by April 15 and contain the facility's actual emissions of particulate matter, sulfur dioxide, organic compounds, nitrogen oxides and lead for the previous calendar year.  Fee reports for reporting years 1996 and beyond must be compiled using DAPC's Air Services.

If you have questions regarding Title V emissions reports, please contact Elisa Thomas at (614) 644-3621.  If you have a question regarding a Title V invoice, please contact Linda Lazich at (614) 644-3626.

 

Could not find what you were looking for via the links below? Many topics are cross-referenced and searchable via the Agency "Answer Place"

Submitting Title V Applications

Title V and Synthetic Minor Title V facilities are required to use the eBusiness Center for all Title V application submissions.

Title V Permit Renewals

Title V Renewal applications must be filed between six and eighteen months prior to expiration of the current Title V permit. Answer Place Topic ID 2276 identifies information used by Ohio EPA district offices and local air agency staff in reviewing Title V renewal applications. Click here to go to the Answer Place topic.

Original Title V Application Deadlines

To phase in the new Title V permitting program, application deadlines were staggered depending on a facility's location. Ohio Administrative Code Chapter 3745-77-04 contains the deadlines for each county or ZIP code location. The deadlines were:

  • Appendix A (with 90 day extension) - February 27, 1996
  • Appendix B - March 28, 1996
  • Appendix B (with 90 day extension) - June 26, 1996
  • Appendix C - Monday, September 30, 1996 - this deadline was extended from the original deadline of Sunday, September 29, 1996)
Facilities that meet the major source threshold after the initial appellation deadline are required to file an initial Title V application within the 12 months after the source becomes subject to the Title V permit program.

Miscellaneous

Read more about the Title V Permitting Process.

Memo from U.S. EPA regarding extension of deadline for Two-Year Transition facilities as specified in Engineering Guide #61 (9/5/96)

Ohio EPA supports U.S. EPA White Paper (02/16/96)

FAQs and Policy Issues

 

MACT Standards

Final Approval of Ohio EPA's Title V Program appeared in the August 15, 1995 Federal Register [TXT] or [PDF]

Title V permits identify all "applicable requirements" that are established through facility compliance with requirements based on the approved Ohio State Implementation Plan, (link Provided by U.S. EPA Region V Office)