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 HAPs

• 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.

General Information

Final Approval of Ohio EPA's Title V Program appeared in the Aug. 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).

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

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.

Responsible Official

• Clarification on "Documents Requiring Signature by a Responsible Official for a Facility Subject to Air Pollution Regulations" (revised April 29, 2004)
• Ensuring the Correct Person is Acting as the Responsible Official for a Facility Subject to Air Pollution Regulations (revised April 28, 2004)

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. The fee for reporting year 2022 is $58.55/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.

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. For more information, visit the Office of Compliance Assistance and Pollution Prevention.

Application

Submitting Title V Applications

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

Title V Permit Renewals

Title V Renewal applications must be filed between six and 18 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. Read more in about permit renewals.

Historical

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 (OAC) Chapter 3745-77-04 contains the deadlines for each county or ZIP code location. The deadlines were:

• Appendix A (with 90-day extension) - Feb. 27, 1996
• Appendix B - March 28, 1996
• Appendix B (with 90-day extension) - June 26, 1996
• Appendix C -  Sept. 30, 1996. This deadline was extended from the original deadline of Sept. 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.

Guidance

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 HAPs

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

Maximum Achievable Control Technology (MACT) Standards

Guidance on the Major Source Determination for Certain Hazardous Air Pollutants (Guidance to clarify how to apply the major source threshold for 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 (Feb. 16, 1996)

Engineering Guides

Click here for all Engineering Guides.

Additional Resources

• Title V Permit Rules 
• Title V Permit General Terms and Conditions and Log of Prior Changes
• Guidance for Incorporating Facility Changes into a Title V Permit (March 9, 2005)
  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
• FAQ and Policy Issues
• Guidance on the Criteria for Granting One-Year Extensions under the Utility MATS Rule
• Guidance Concerning Title V and Greenhouse Gasses (GHGs) -  Engineering Guide #85
• Memo from U.S. EPA regarding extension of deadline for two-year transition facilities, as specified in Engineering Guide #61 (Sept. 5, 1996)
• 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 (April 28, 2003)

Reporting

Annual Title V Compliance Certification

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

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 U.S. EPA c/o Director
Air and Radiation Division
U.S. EPA Region 5 
77 W. Jackson Blvd., AE-17J
Chicago, IL 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. Read more information how to accomplish this at the Customer Support Center Answer ID 2239.

Please direct any permit specific questions to your District Office or Local Air Agency representative.

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 (MS-Word, PDF)

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

• Title V Fee Report Submission
• Engineering Guide 71 on emissions reporting requirements for the fee emission report Ohio Administrative Code (OAC) Chapter 3745-78) for small (<1.0 TPY) and "de minimis" emission units

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 2022 is $58.55/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. Learn more about Title V fees on the U.S. EPA website:  https://www.epa.gov/title-v-operating-permits/permit-fees 

Also please update the excel spreadsheet found within this paragraph (calculated hyperlink) with the attached updated version.

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 Safaa El-Oraby at 614-644-3571. If you have a question regarding a Title V invoice, please contact Linda Lazich at 614-644-3626.