Permits

Introduction

This web page provides guidance to assist in determining whether a business requires an air permit, how to apply for a permit, and describes the types of permits that are issued by the District. However, it does not provide an absolute answer for every permitting scenario since complex variables requiring interpretation and assistance may need to be considered.

How Does the Permit System Work?

The permit system requires a review of the equipment design and an inspection of the installed equipment to ensure compliance with District regulations. The District uses a two-permit system. Construction permits are required prior to beginning construction or modification of an affected facility or air pollution control equipment. District engineers will review a proposed project for compliance with all applicable requirements. Operating permits will be issued after the project is built and compliance is demonstrated.

What Is a Permit?

A permit is a written authorization to build, install, modify, replace, or operate equipment that emits or controls the emission of air pollutants, like oxides of nitrogen, carbon monoxide, particulate matter, volatile organic compounds, sulfur dioxide, or air toxics. Permits ensure that emission controls meet the needs of Louisville/Jefferson County to make steady progress toward achieving and maintaining federal air quality standards. Any piece of equipment that emits or controls air pollutants requires a permit prior to installation and operation unless it is specifically exempted from the District's permit requirements. It is a good practice to apply for and receive a permit before purchasing new equipment to know exactly what the permit conditions and other requirements will be before construction, installation, and operation begin.

Do I need a permit?

The information below is designed to help you determine whether your facility needs a construction permit and/or an operating permit.

Who Must Have a Construction Permit?

Generally, anyone installing or modifying an affected facility must obtain a permit to construct. You must obtain the construction permit before the on-site construction or modification occurs. You should begin by asking whether your business has an "affected facility" or "air pollution control equipment" as defined in District Regulation 1.02. The definition of affected facility is very broad and could include almost any industrial or process equipment. The definition refers to "air contaminants" which includes a wide variety of substances. Air pollution control equipment is any equipment used for the control of air pollution, e.g., baghouses, cyclones, wet scrubbers, etc.

For existing sources, you should be aware that even if you did not obtain a construction permit prior to the construction of your affected facility, you may be required to obtain an operating permit. The District recommends that you determine whether you need an operating permit and apply for an operating permit regardless of whether you obtained a construction permit.

For existing affected facilities that will be modified in any way, you should ask whether the proposed change would meet the definition of "modification" contained in District regulation 1.02. This can be complex to determine. However, under District Regulation 2.03 and other regulations, any physical change to an affected facility or change in the method in which you operate an affected facility, that increases the emissions of an air pollutant (to which an emission standard applies) or results in emissions of an air pollutant (to which an emission standard applies) not previously emitted, will generally require a construction permit or revision to an existing operating permit.

Construction permits are issued for a one year period and are renewable.

Does My Facility Fall under any Exemptions?

District Regulation 2.02 includes a list of activities that may not require a permit. These activities typically result in negligible emissions. You should review this list to determine if your facility fits any of the exemption categories listed in 2.02. If your facility does not seem to fit within one of the these categories, you should contact the District to determine the requirement for a construction permit. If your facility does fit within one or more of the exemption categories, you may not be required to obtain a construction permit.

Who Must Have an Operating Permit?

Determining whether your business needs an operating permit is similar to determining whether your business needs a construction permit. You should pay special attention to the explanation of the "Types of Permits" section. There are different types of operating permits issued by the District about which you need to be aware.

Can I Operate My Facility Without a Permit?

If you are operating an affected facility subject to the District's operating permit requirements, you are subject to enforcement action by the District. You must submit a permit application and allinformation required for permit evaluation.

What Type of Operating Permit is Required?

If you have determined that you need an operating permit for your business, you will want to know the type of operating permit you need. This will determine the application requirements you must meet, the application forms you should use, and the permit you will receive.

A brief description of the different types of operating permits follows. Determining what type of permit you need may require assistance from the District. You may also want to obtain assistance from an environmental professional of your choice.

Types of Operating Permits

1. Minor Source Permit - This permit is required for those sources subject to a permit requirement that are not obtaining a Title V permit or FEDOOP described below. This permit will be issued for a maximum of five years and must be renewed at the end of its term forcontinued operation.

2. Title V Permit - Title V is the most extensive and demanding ofthe operating permits and is required under Title V of the Clean Air Act Amendments of 1990. The Title V permit brings together all of the applicable federal, state and local air requirements for the entire plant into one permit. The EPA has given the District authority to implement the Title V permit program as described in District Regulation 2.16. It generally applies to larger or more significant emission sources. For sources that previously had a minor source operating permit, the Title V permit will replace the earlier permit when issued.

The Title V permit application process is detailed and complex and may require professional assistance. The requirements of a Title V permit are more extensive than the existing minor source permit. Public notice and an opportunity for hearing are required. Additionally, there is an opportunity for review of proposed permits by EPA, the public, and affected states. EPA also has the ability to object to permit issuance as well as termination of a Title V permit. Title V permits are issued for a period of 5 years and a complete Title V permit renewal application must be submitted to the District prior to the end of the permit term for continued operation.

To assist you in determining whether your business is subject to the Title V permit requirements, you will need to determine your potential emissions. The Title V permit requirement applies to any source that meets one of the following criteria:

  • Any "major source". A "major source" is any stationary source, or a group of stationary sources, that are located on one property or two or more contiguous or adjacent properties under common control of the same person or persons belonging to a single major industrial grouping and is described in one of the following:
  1. Potential to emit 100 tons per year or more of any regulated air pollutant, e.g., particulate matter, sulfur dioxide, lead, nitrogen oxides, carbon monoxide, or volatile organic compounds.
  2. Potential to emit 10 tons per year or more of any one of the 188 Hazardous Air Pollutants (HAP) listed in section 112(b) of the CAAA of 1990.
  3. Potential to emit 25 tons per year or more of any combination of HAPs.
  • Sources subject to the requirements under New Source Performance Standards or National Emission Standards for Hazardous Air Pollutants, if specifically required by EPA.
  • Coal-fired electric utilities subject to the acid rain program.

Potential to emit (PTE) is calculated using the maximum capacity of a source to emit an air pollutant under its physical and operational design. A physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restriction on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the EPA. Some limitations on a source's PTE that can be considered are inherent operational limitations that effectively limit your PTE. Also, some short term or irregular emissions may be excluded from PTE calculations.

3. Federally Enforceable District Origin Operating Permit (FEDOOP) - This type of permit is available on a voluntary basis, through District Regulation 2.17, for those who wish to avoid the requirement to obtain a Title V permit. Generally, a FEDOOP is only available for a source that accepts federally enforceable emissions limitations to keep them below the applicability provisions of the Title V permit program. Typically, it contains limits on the operations of the plant, e.g., material used, hours of operation, and associated monitoring requirements. For the limitations to be federally enforceable, they must be enforceable as a practical matter. This means it must allow verification of the source's compliance with federally enforceable requirements. Generally, a practically enforceable limitation should:

  • Include a technically accurate limitation and identify the portions of the source subject to the limitation;
  • Define the time period for the limitation (e.g., hourly, daily, monthly); and
  • Describe the method to determine compliance, including appropriate monitoring, record keeping and reporting to document compliance.

Like the Title V permit, the FEDOOP involves public notice, EPA review and other requirements. The FEDOOP is issued for a period of 5 years and must be renewed at the end of its term for continued operation.

How Do I Apply for a Permit?

If you think you need a permit you must submit the appropriate permit application (available from the District), either by mail or in person. Permit application forms are available on this APCD website. Applications should be directed to the Air Pollution Control District, 850 Barret Avenue, Louisville, KY  40204-1745. An engineer is assigned to review the application and will contact you regarding any additional information needed to complete the permit issuance process. Permit applications are not now accepted by computer transfer, but may be in the future.

What Happens When I Submit a Permit Application?

The following briefly describes the District's permitting process:

  1. Receipt by District of company's permit application
  2. Staff engineer assigned to review to ensure that information submitted in application is complete and accurate
  3. Technical review to determine that proposed equipment will be built and operated consistent with District regulations and policies
  4. Issuance of Construction (or Operating) Permit authorizing the company to install (or operate) equipment
  5. District inspection to verify that equipment has been installed or is being operated in compliance with all applicable requirements
  6. Compliance tests are performed, if required, to demonstrate compliance with emission standards

How Long Does It Take to Process the Application?

Generally, the time required to process the application ranges from one day to six months or more depending upon the complexity of the application as well as the type of permit that will be required. Also, the following variables affect the processing time:

  • Number of permit applications ahead of yours
  • Number of applicable requirements and federal rules
  • Public participation requirements
  • Completeness, correctness and thoroughness of application

What Can I Do to Expedite the Permit Application Review Process?

A common cause for delay in the permit application review process is incomplete or missing forms and additional information (not requested in the application forms) necessary for permit evaluation. The following briefly identifies things you can do to expedite the permit application review process:

  • Make sure all requested information is provided and all of the required application pages are submitted.
  • Don't forget to sign and date the application.
  • Include any necessary information such as emission calculations, Material Safety Data Sheets (MSDS), modeling reports, stack test data, etc.
  • Give prompt feedback if your assigned engineer has requested additional information.
  • Include a suggested draft permit.
  • Periodically, call your assigned engineer and inquire about the status of your application.

What Does it Cost?

There are no fees associated with the submittal of your permit application. Permit fees (see below) are based on District Regulation 2.08. When the District issues your permit, you will receive a "Statement of Fees" that specifies how much the permit costs and when payment is due. Permit fees are based on potential emissions. Construction permit fees are based on the emissions from the new affected facility and operating permit fees are based on plant-wide emissions. Title V sources are required to pay an emissions fee. The "emission-based" fee is an annual fee that all Title V sources pay for each ton of pollutant emitted for each calendar year, up to 4,000 tons per pollutant.

If you have questions or need assistance, please call (502) 574-6000.

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