Although the EPA regulations at 40 CFR Part 70 and the Agency's policy or guidance memos establish the primary requirements and context for the development of Title V permit applications, state and local regulations for the Title V operating permit programs define the specific requirements that a Title V source subject to the program must meet. Therefore, applicants must review key state requirements to develop a Title V operating permit application. All state and local agencies have application forms for operating permits, but the format, content, and procedures for completing the forms vary from state to state. In addition, most agencies have prepared guidance for permit applicants to follow in completing the applications. Some states have established electronic bulletin boards where the application forms and guidance may be accessed via computer.
Some states allow permit applicants to file the application electronically.
While EPA regulations address the core aspects of a Title V program, the EPA Title V guidance leaves several elements to the discretion of the states, both in terms of the content of the permit application and the permit itself. This may impact owners or operators of natural gas facilities in more than one state because development of operating permit applications will vary from state to state. Regarding the permit, states have some discretion such as whether to use a facility-wide cap in setting emissions limits, and whether to establish new emission limitations for pollutants at Title V sources that were previously not regulated by the states. It would also be useful for permit applicants to know if the particular state plans to implement key EPA guidance on streamlining the permit application process.