Title V of the 1990 Clean Air Act Amendments requires that every state adopt and implement an air pollution operating permit program covering all federally-defined major and certain other federally-regulated stationary sources of air pollution. Operating permits improve compliance with the regulations by clarifying what installations must do to control air pollution.

The purpose of an operating permit is to identify and record the regulations that apply to regulated installations. Operating permits and their accompanying applications define existing compliance obligations rather than impose new requirements. The operating permit serves as a single document for regulators, the public, and the installation, and sets forth all of the applicable requirements and compliance demonstrations, including monitoring, testing, record keeping and reporting practices.

An Intermediate installation is a Part 70 installation that accepts voluntary, federally-enforceable limitations on production and/or emissions, type of materials combusted or processed, operating rates, or hours of operation in order to reduce the potential to emit and maintain the installation's actual emissions below major source levels. These limits may have already been taken in a construction permit or may be requested as part of the Intermediate operating permit application.

Length of Permit

Intermediate operating permits are valid for a five year term. A permit shield provides protection for the installation if they have complied with all of the conditions in their operating permit.

Laws, Rules and Regulations

How to Apply

Application

Fact Sheets

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Fees

The filing fee ranges from $750 to $6,000. Learn more about how to determine the appropriate Air Operating Permit Fees. No filing fee is required for amendments and off permit changes to existing operating permits.

Timeline/ Process

New Permit

A complete application for an initial intermediate operating permit must be submitted within 90 days after the installation begins operation. The department will conduct a completeness check within 30 days of receipt of an application. The department is required to issue the permit within 18 months of receiving a complete application.

Modified Permits

The department is required to issue the modified permit within nine months of received a complete application.

Administrative Amendments

The department is required to issue the modified permit within 60 days of receipt of the completed application.

§502(b)(10) and off-permit changes

The department does not issue a new/modified operating permit. A copy of the notification should be retained with the current operating permit. 

The department will request additional information if the application is not complete, which will delay the review process.

Public Participation

Draft initial, renewal and modified intermediate operating permits are required to go through a 30-day public notice period prior to issuance with an opportunity for a public hearing.

The department will issue a draft permit and solicit comments and requests for a public hearing by publishing a notice in a newspaper of general circulation within or nearest to the county in which the project is proposed to be constructed or operated. In lieu of the newspaper notice, the notice may be an electronic notice posted on the department’s Air Public Notices website.

Any interested person may submit relevant information materials and views to the department, in writing, until the end of the fortieth day after the date of publication of the notice for public hearing.

A public hearing will be held by the department if a timely request for a public hearing is received. At the public hearing, any interested person may submit any relevant information, materials, and views in support of or opposed to the permit. The public hearing will be held in the county in which all or a major part of the proposed project is to be located.

The department consider all written comments submitted within the time specified in the public notice and all comments received at the public hearing, if one is held, in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The department will consider the applicant’s response in making a final decision. The department will make all comments available for public inspection in the same locations where the department made available prehearing information relating to the proposed installation or modification. Further, the department will prepare a written response to all comments under the purview of the Air Pollution Control Program and make them available at the locations referred to previously. The department will make the final permit available for public inspection at the same locations where the department made available prehearing information and public comments relating to the installation or modification. The department will submit a copy of this final permit to EPA.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

Reporting

Renewal

In order to qualify for an application shield, a complete application to renew the permit must be submitted at least six months prior to the expiration date of the current intermediate operating permit, but no earlier than 18 months prior to the expiration date of the current permit. The department is required to issue the permit within 18 months of receiving a complete application.

Resources

Learn more about the department’s air permits and the potential to emit.

The Clean Air Act requires EPA to regulate two main types of pollutants - criteria pollutants and hazardous air pollutants from industrial facilities.

Additional Resources

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