Louisville Metro Air Pollution Control District (APCD) industrial permits are applications for a permit to operate equipment that emits or controls the emission of air pollutants.
Permits ensure that emissions meet the needs of Louisville/Jefferson County to achieve and maintain federal air quality standards.
Any piece of equipment or project that emits or controls air pollutants requires a permit prior to installation and operation unless it is specifically exempted from the APCD’s permit requirements. Companies 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. Industrial Operating permits are issued after a project demonstrates that compliance is achievable.
The Industrial Permits includes multiple types of emission based permits: Title V Permit, Federally Enforceable District-Origin Operating Permit (FEDOOP), Minor Source Permit, plus registrations (Registered Sources). FEDOOP permits are further divided into STAR-applicable and STAR-exempt. (See below.) A source may also be identified as exempt from APCD permitting.
Title V refers to a section of the Clean Air Act (CAA) that addresses the largest sources of air pollution. Title V permits combine all the applicable federal, state, and local air requirements at a Title V facility into one permit.
The Title V permit application process is detailed and complex and may require professional assistance. An opportunity for public comment and an opportunity for a public hearing are required. There is also a requirement that EPA and affected states are provided an opportunity to review proposed permits. EPA has the authority to object to permit issuance.
Title V operating permits are issued for a period of 5 years. A complete Title V permit renewal application must be submitted to the APCD between 18 months and 6 months prior to the end of the permit term for continued operation.
FEDOOPs, as described in APCD Regulation 2.17, are issued to major sources willing to accept federally enforceable emissions limitations below those that require a Title V permit. FEDOOP sources that emit more than certain amounts of specific toxic air pollutants are subject to APCD’s Strategic Toxic Air Reductions (STAR) Program.
FEDOOPs are issued for a period of 5 years. A complete FEDOOP renewal application must be submitted to the APCD between 12 months and 90 days prior to the end of the permit term for continued operation. FEDOOPs are what the US EPA refers to as synthetic minor permits.
The majority of stationary air pollution sources in Louisville do not emit at the same levels as Title V sources or FEDOOP sources. If a company is unsure of its emissions levels, it is likely a minor source. However, companies are encouraged to contact the APCD with any questions about the process.
Minor sources have a combined permit to construct and operate. No application is necessary to convert a construction permit into an operating permit. Minor source operating/construction permits do not have an expiration date. There is no formal renewal application for minor sources.
Stationary air pollution sources with very low emissions or that are not capable of exceeding a performance standard can be registered. These facility sites receive a registration letter rather than a permit, but pay an annual fee and are subject to compliance monitoring.
Exempt stationary sources do not need a permit or registration and do not pay any fees to APCD, unless the Risk Management Program under Section 112(r) of the Clean Air Act is applicable.
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