Title V Construction Permit

What Information Must I Provide?

Applicants must submit the following items at least 120 days before starting construction for major sources, and at least 90 days in advance  for minor sources:

  • Permit Application Form, (Form CN-0730 - APC 100 for non-Title V sources or Form CN-1398 - APC 1 for Title V sources) requires the address of the facility and principal contact and the estimated construction start and completion dates.
  • Air contaminant source and emission point description forms. These forms are source specific and require general
    information regarding the project and air contaminant source, descriptions of processes and equipment specifications, and quantification of the pollutants emitted.

The following is a list of available forms:

Contact the Division of APC for information concerning applicable forms.

In addition, some major sources may need to submit one year of preconstruction air quality monitoring data for the relevant area, emission control plans that include the best available control technology, and ambient impact analysis based on air quality modeling. Contact the Division of APC for information concerning requirements for major sources.

How Will My Application Be Processed?

When applications are submitted, the Division of APC reviews them for completeness. The applicant is notified in writing of any deficiencies. When the necessary items are complete, a draft permit is prepared. Notices of minor source permit applications are published for public review. Major source draft permits go through a public review process during which the public, affected states and the EPA's comments are solicited. A public hearing pertaining to major source permit applications is held if requested. After considering public comments and a final supervisory review, a final decision is made, and the permit is issued or denied. Under state law, a construction permit for a minor source must be issued within 115 days after receipt of a complete application. For major source construction permit applications, the permit is to be issued within six (6) to twelve (12) months after receipt of a complete application. The entire permit process may take two (2) to four (4) months for minor sources and five (5) to more than 12 months for major sources.

Construction permits are issued for the period of time required to complete construction and to meet any start-up conditions identified in the permit - usually about one (1) year.

What Fees Are Required?

Construction permit application fees are based on the anticipated maximum emission rate of all regulated pollutants emitted by the source combined. Emissions are not double-counted if they fall into more than one category, such as a hazardous air pollutant that is also a volatile organic compound.

Anticipated Maximum Emission Rate (Tons/Year) Permit Fee  
Less than 10 $ 100  
10 to less than 100 $ 500  
100 to less than 250 $1,000  
250 to less than 500 $2,000  
500 to less than 1000 $3,000  
1,000 to less than 5,000 $4,000  
5,000 or greater $5,000  

What Are My Rights And Responsibilities After The Permit Is Approved?

Upon issuance of the permit, the applicant may proceed with the approved construction. An applicant denied a permit may appeal to the APC Board. Some minor changes and extensions to the construction permit can be made administratively. Any modification to the air contaminant source requires a construction permit. The construction permit is not transferable.

Permit conditions may be appealed by filing a petition to the Technical Secretary for reconsideration. Applicants are responsible for obtaining an Title V Operating Permit.

What Are The Division's Rights And Responsibilities?

The Division is responsible for protecting the air quality of Tennessee. A construction permit ensures that any new, modified, replaced or relocated air contaminant source or business complies with all air quality requirements and will not have a detrimental impact on human health or the environment.

The Division has the right to conduct inspections and to suspend or revoke any construction permit if the permit holder fails to comply with permit conditions. The Tennessee Air Quality Control Act provides for civil penalties up to $25,000 per day for each day of violation.

Whom Do I Contact For Applications, Assistance And Other Information?

For air contaminant sources (excluding state-owned facilities) located in Davidson, Hamilton, Knox or Shelby counties, the applicant must contact and obtain a construction permit from the applicable county air permit agency. For all other counties and all state-owned facilities, applications and assistance can be obtained from the Division of Air Pollution Control. The Small Business Environmental Assistance Program provides regulatory compliance assistance to small businesses through workshops and onsite visits.

In addition, applicants may call the following offices for assistance:

Applicants may refer to the following publications for further information:

  • TDEC Division 1200-03: Air Pollution Control Regulations
  • 40 CFR § 60: Standards of Performance for New Stationary Sources
  • 40 CFR § 61: National Emission Standards for Hazardous Air Pollutants
  • 40 CFR § 63: National Emission Standards for Hazardous Air Pollutants For Source Categories

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