**Important Update**

The U.S. Environmental Protection Agency recently published a final rule reclassifying the Missouri portion of the St. Louis ozone nonattainment area from Moderate to Serious nonattainment for the 2015 ozone standard. This action changed and added new permitting requirements that became effecting in the nonattainment area on Dec. 31, 2024

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.

Overview

Operating Permits Overview

Operating permits are required for any air pollution source that has the potential to emit pollutants in excess of the major source thresholds. An operating permit identifies all applicable requirements. Operating permits include information on which pollutants are being released, how much is released, and what steps, if any, that the facility is required to take to reduce the pollution. 

Operating permits are legally-enforceable documents written by the department. Operating permits are especially useful for businesses covered by more than one part of the Clean Air Act and additional state requirements, since information about all of a source’s air pollution is consolidated in one place. 

There are two types of operating permits issued by the department - Intermediate operating permits and Part 70 operating permits. Not all facilities will need an operating permit, but all facilities need to know their status and obligations. Operating permits are valid for a five year period.

Operating permits are required for any installation whose potential emissions of air contaminants is at or above the major source threshold. Operating permits are intended to identify all relevant requirements that apply to the various emission units at a plant, site or facility. Operating permits can establish detailed provisions for any testing, emissions monitoring, recordkeeping or reporting that is needed to demonstrate compliance with the regulations. Operating permits are not intended to be the source of new emissions limitations or requirements. Instead, operating permits are intended to identify and state all of the existing requirements that apply to the plant, site or facility; this helps the plant manager ensure compliance with these existing requirements, since they will now be explicitly identified both for the regulated source, and for the regulatory agencies themselves. Said another way, operating permits are intended to be vehicles for defining existing compliance obligations; they are not intended to impose new limits on emissions.

An operating permit expires after five years. The application to renew the operating permit must be submitted at least six months before the permit expires, though the application can be submitted as much as 18 months prior to the expiration date; once an application has been submitted and found to be complete, the “application shield” ensures that the existing operating permit will not expire in the event that the renewal permit is not issued prior to the expiration date of the existing operating permit. 

For information about an operating permit, contact department staff at 573-751-4817. Applications for permits and renewal permits require a filing fee; no filing fee is required for applications to amend existing operating permits. Payment of the filing fee may be made by check enclosed with the application or electronically; learn more about how to pay by credit card

Note: This information is not meant to be a tool to determine applicable federal and state regulations for a specific situation. The method of choice should always be a thorough review of the state and federal rules and regulations. 

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