The federal Clean Air Act amendments of 1990 required each state to develop a Title V Operating Permit Program, with a goal of compiling into a single document all of an individual facility's air pollution control approvals, permits and requirements.
In Massachusetts, the Department of Environmental Protection (MassDEP) is the issuing authority.
Operating Permits are required for:
- Existing facilities with the potential to emit:
-50 or more tons per year of volatile organic compounds (VOC),
-50 or more tons per year of nitrogen oxides (NOx),
-10 or more tons per year of a single Hazardous Air Pollutant (HAP),
-25 or more tons per year of combined HAPs, or
-100 or more tons per year of any other pollutant. - Other facilities that do not exceed the above thresholds but are subject to certain federal requirements, as determined by the U.S. Environmental Protection Agency (EPA).
An Operating Permit is facility-wide in scope. It is valid for up to five years, but can remain in force even after it expires so long as the facility has submitted a complete and timely application for renewal, and MassDEP has not yet issued a determination.