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Air Quality Construction Permit

Who Needs A Construction Permit?

Unless specifically exempted, any person wishing to construct an air contaminant source or to modify an existing air contaminant source is required to obtain a construction permit from the Tennessee Division of Air Pollution Control (APC). Examples of air contaminant sources include:

  • Process emission sources such as printing presses, asphalt plants, coating processes (painting of automobiles, office equipment, wood furniture, etc.)
  • Fuel burning equipment such as boilers, gas or oil fired heaters, coal fired steam electric generating plants
  • Incinerators for medical waste, municipal waste, etc.
  • Farming equipment, mobile sources and other exempted air contaminant sources are not required to obtain a construction permit.

Air contaminant sources typically are classified as major or minor sources depending on their potential to emit pollutants. Major sources generally are (1) sources that are in specific source categories listed in part 1200-03-09-.01(4)(b)1 of the Tennessee Air Pollution Control Regulations and have potential total facility emissions greater than 100 tons per year (tpy), and (2) other sources with potential total facility emissions greater than 250 tpy or more of the following criteria pollutants: carbon monoxide, particulate matter, nitrogen dioxide, sulfur dioxide, lead and ozone (indirectly determined from emissions of volatile organic compounds and nitrogen oxides). Examples of major sources are TVA power plants, chemical manufacturers, some secondary metal production facilities and large printing operations.

Minor sources are sources of air contaminants that are not major sources and are not exempt from construction permit requirements. Examples include concrete batch plants and small surface coating and printing operations.

APC Rule Chapter 1200-03-09 contains the general requirements for construction permits. Specific requirements that limit emissions from individual processes are located at various points in the regulations. It is suggested that anyone filing a construction permit application first contact the Division for assistance in identifying all applicable rules.

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:

Non-Title V Permit Application Forms

Form Description Number Form Instructions
Facility Identification CN-0730 (APC 100) PDF PDF
Emission Point CN-0742 (APC 101) PDF PDF
Process or Fuel Burning Source CN-0741 (APC 102) PDF PDF
Incinerator Source CN-0743 (APC 103) PDF PDF
Storage Tank CN-0744 (APC 104) PDF PDF
Degreaser CN-0745 (APC 105) PDF PDF
Oven Source CN-0746 (APC 106) PDF PDF
Surface Coating CN-0747 (APC 107) PDF PDF
Asphalt Plant Source CN-0748 (APC 108) PDF PDF
Rock Crushing Source CN-0735 (APC 109) PDF PDF
Dry Cleaner Source CN-1277 (APC 110) PDF PDF
Concrete Batch Plant Source CN-0749 (APC 111) PDF PDF
Coal Preparation Source CN-0750 (APC 112) PDF PDF
Cyclone CN-0751 (APC 113) PDF PDF
Gasoline Dispensing Facility CN-1001 (APC 114) PDF PDF
Proposed Schedule of Corrective Action CN-1052 (APC 115) PDF N/A
Cotton Gin Description CN-1396 (APC 116) PDF N/A

Title V Application Forms

Form Description Number Form Instructions
Index of Air Pollution Control Forms CN-1397 (APC INDEX) PDF N/A
Facility Identification Form CN-1398 (APC 1) PDF PDF
Operations and Flow Diagrams CN-1399 (APC 2) PDF PDF
Stack Identification CN-1400 (APC 3) PDF PDF
Fuel Burning Non-Process Equipment CN-1401 (APC 4) PDF PDF
Stationary Gas Turbine or Internal Combustion Engine CN-1402 (APC 5) PDF PDF
Storage Tanks CN-1403 (APC 6) PDF PDF
Inceneration CN-1404 (APC 7) PDF PDF
Printing Operations CN-1405 (APC 8) PDF PDF
Painting and Coating Operations CN-1406 (APC 9) PDF PDF
Miscellaneous Processes CN-1407 (APC 10) PDF PDF
Control Equipment - Miscellaneous CN-1408 (APC 11) PDF PDF
Control Equipment - Adsorbers CN-1409 (APC 13) PDF PDF
Control Equipment - Catalytic or Thermal Oxidation CN-1410 (APC 14) PDF PDF
Control Equipment - Cyclones / Settling Chambers CN-1411 (APC 15) PDF PDF
Control Equipment - Wet Collection Systems CN-1412 (APC 17) PDF PDF
Control Equipment - Baghouses / Fabric Filters CN-1413 (APC 18) PDF PDF
Compliance Certification - Monitoring and Reporting Description of Methods Used for Determining Compliance CN-1414 (APC 19) PDF PDF
Compliance Demonstration by Continuous Emissions Monitoring CN-1415 (APC 20) PDF PDF
Compliance Demonstration by Portable Monitors CN-1416 (APC 21) PDF PDF
Compliance Demonstration by Monitoring Control System Parameters or Operating Parameters of a Process CN-1417 (APC 22) PDF PDF
Compliance Demonstration by Monitoring Maintenaince Procedures CN-1418 (APC 23) PDF PDF
Compliance Demonstration by Stack Testing CN-1419 (APC 24) PDF PDF
Compliance Demonstration by Fuel Sampling and Analysis CN-1420 (APC 25) PDF PDF
Compliance Demonstration by Recordkeeping CN-1421 (APC 26) PDF PDF
Compliance Demonstration by Other Method(s) CN-1422 (APC 27) PDF PDF
Emissions from Process Emission Source / Fuel Burning / Installation / Incinerator CN-1423 (APC 28) PDF PDF
Emission Summary for the Sources Contained in this Application CN-1424 (APC 29) PDF PDF
Current Emissions Requirements and Status CN-1425 (APC 30) PDF PDF
Compliance Plan and Compliance Certification CN-1426 (APC 31) PDF PDF
Air Monitoring Network CN-1427 (APC 32) PDF N/A
Stage I and Stage II Vapor Recovery CN-1428 (APC 33) PDF PDF
Open Burning CN-1429 (APC 34) PDF N/A
Application Completeness Check List CN-1430 (APC 35) PDF N/A

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

Existing Title V facilities do not pay construction permit application fees.

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 Operating Permit or 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 1200-3: 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