Title V of the Clean Air Act
What the heck is Title V, anyway?
In 1990, Congress significantly amended the Clean Air Act. The purpose of these amendments was to address air quality issues which had arisen since the last amendments were passed in 1970. One of these important 1990 amendments established a requirement for all large sources of air pollution and many smaller sources of hazardous air pollutants to obtain a permit for day-to-day operations. These new permit requirements are found within Title V (pronounced “Title Five”) of the Clean Air Act and, consequently, are often referred to as “Title V permits.”
What role does the public play in Title V permits?
An important provision of the Title V permit program is the ability for the public to participate in drafting, monitoring, and enforcing the provisions of each permit being issued or renewed. The first mechanism for public participation comes during a mandatory public comment period. This comment period occurs after a facility has applied for a permit and the agency (usually the state or local environmental protection agency) has produced a draft permit. This draft permit is then released to the public for review and comment. The public comment period last for thirty (30) days and is a time that private citizens may submit written comments about whether they believe the permit satisfactorily regulates a facility’s pollution. Sometimes there is a public hearing where private citizens can orally comment on the permit.
Once a permit is issued, it becomes the “law” that the facility must follow. The permit can be enforced by the United States Environmental Protection Agency (US EPA), by the local air control agency, and by the public. Therefore, the public has the right to monitor the facility’s actions to ensure that the facility is operating within the limits of the permit. Additionally, if a facility violates its permit, members of the public have the right to bring a suit against the facility or against the US EPA to enforce the requirements of the permit.
What is GASP doing now with Title V permits in Allegheny County?
Currently, the Allegheny County Health Department (ACHD) is reviewing applications and drafting new permits for facilities within the county. Most of the permits should be drafted and released for public comment by the end of 2004. GASP has already submitted comments for the Bellefield Boiler Plant in Oakland. Thus, this is an extremely important time to ensure our air quality is protected.
When new draft permits are released by ACHD, we will post them below. If you would like to help review a draft permit and/or prepare comments, please call us at the GASP office at 412-325-7382. You need not be an attorney or have any special training. We can help guide you through the process and provide as much or as little support as you need.
More resources:
Bellefield Boiler Plant TVRV Draft (PDF file: 84 KB)
Bellefield Boiler Plant Title V Operating Permit Draft (PDF file: 916 KB)
Hotline articles:
Title V Training (Fall 2000)
Title V: Is that local factory belching or smelling? Now is the time to get involved! (Spring 2001)