The Tennessee Department of Environment and Conservation (TDEC) provides guidance behind the different types of potential air permit modifications applicable to Title V facilities. There are six different types of Title V permit modifications: 502(b)(10) changes, operational flexibility changes (op-flex), administrative amendments, minor permit modifications (minor mod), significant permit modifications (sig mod), and reopen for cause. The approval timeline, application fee, and EPA/public involvement is dependent on the type of Title V modification.

To review the full TDEC document, you can download the memo from the state website.

502(b)(10) Changes

A 502(b)(10) Change allows for facilities to modify certain conditions to the existing Title V permit. However, there are strict restrictions on what qualifies under a 502(b)(10) Change. For a modification to meet the definition of a 502(b)(10) Change, the modification must:

• Not violate any “applicable requirements”;
• Not alter any enforceable monitoring, recordkeeping, or reporting;
• Not be considered a modification under NSPS, MACT or major New Sources Review; or
• Not adjust any emission limits.

A 502(b)(10) Change is eligible for modifications that do not conflict with compliance requirements or limits established in the permit. A facility may use a 502(b)(10) Change to add equipment to an emission source as long as the modification would not result in the actual emission rate to exceed the allowable emission rate.

To submit a 502(b)(10) Change, provide a letter to the TDEC, detailing the proposed changes, date of change, and any changes in actual emissions. The change may be made 7 days after the letter has been submitted, even if TDEC has not responded to the change. No fee is associated with this modification.

Operational Flexibility Changes

An Operational Flexibility Change allows for facilities to make modifications that are not considered a modification under NSPS, MACT, or major New Source Review and does not violate any existing permit terms or conditions.

Should an Operational Flexibility Change be utilized, the permittee must record the emissions resulting from the change and store these records until the change is incorporated into a new permit.

Similar to 502(b)(10) Changes, to submit an Operational Flexibility Change, the facility should provide a notice to TDEC detailing any changes in emissions, pollutants emitted, and how these increases and decreases in emissions will comply with the limits and conditions of the permit. Facilities may begin implementing changes 7 days after the submittal of the notice. No fee is associated with this modification.

Administrative Permit Amendments

Facilities can utilize an Administrative Permit Amendment when the modification does not involve changes to facility operations. An administrative amendment is reserved for minor updates that do not trigger Title V procedural requirements. For example, a facility could submit an administrative amendment to correct typographical errors, update contact information, or increase the frequency of monitoring, recordkeeping, or reporting requirements.

To submit an administrative amendment request, submit a statement regarding the nature of the request, applicable air permit application forms, and any necessary supporting documentation. The facility can immediately make the change upon submittal. TDEC has 60 days to respond to the request.

Minor Permit Modifications

A Minor Permit Modification is used to revise a facility’s permit that cannot be accomplished as an administrative permit amendment and does not meet the criteria of a major modification. A Minor Permit Modification can be implemented when the proposed modification does:

• Not violate any “applicable requirements”;
• Not make significant changes to monitoring, reporting, and recordkeeping;
• Not require a case-by-case emission limit;
• Not intend to establish or alter permit conditions to avoid federal requirements, such as PSD permitting;
• Not trigger a modification under NSPS, MACT or major New Sources Review; or

An application fee of $2,800 is associated with a Minor Permit Modification. TDEC must respond to the request within 90 days of receipt or 15 days after the EPA’s 45-day review period, whichever is later. The facility may proceed with the proposed modification immediately after the application is submitted to TDEC; however, if it is determined that the proposed change is not covered by a Minor Permit Modification, the facility may face enforcement action for constructing without a permit.

Significant Modifications

If a change cannot be covered under any other type of Title V modification, then the modification will most likely be classified as a Significant Modification. A Significant Modification is subject to the most intensive review. In fact, a Significant Modification must meet the same application and review requirements of the original Title V permit.

Facilities must wait to make the requested modification until a modified permit has been issued. A significant modification application must be submitted at least 120 days prior to construction. However, TDEC has 30 days from the receipt of the application to deem it complete and then another 180 days to issue the permit (210 days total). TDEC has the authority to pause the timeline if they deem the application as incomplete. There is a $5,000 application fee associated with the approval of a Significant Modification.

Reopen for Cause

Unlike any other modifications, a Reopen for Cause is issued at the request of EPA. A Reopen for Cause is typically issued if new regulations have passed since the original permit was issued. Additionally, if an error was identified within the permit, a Reopen for Cause may be issued to correct such error. To reopen a permit, the facility must follow the same proceedings as an original Title V permit application. However, only the section which contains the modification must be reopened, not the entire permit.

Conclusion

The six different types of Title V permit modifications each have their own specific application. Understanding the distinctions between each type of application or when a notification is required is essential for maintaining compliance and aligning project timelines with regulatory expectations.

For additional guidance, Trinity Consultants is offering two upcoming courses on Air Quality Permitting in Tennessee: Air Quality Permitting in Tennessee Course and the Navigating Compliance and Changes to your Tennessee Title V Permit Course and be sure to reach out to us for the latest course discount code.

Office expertise:

Trinity Consultants has a wealth of air permitting experience and is prepared to assist you with your air permitting and compliance needs. If you have questions regarding Title V modifications in Tennessee and/ or are looking for assistance with submitting a Title V modification, contact Trinity at 800.229.6655 or email Ian Smith.