Types of Permits
The APCD issues several types of permits. Permits issued to industrial and commercial facilities are based on either a facility's potential to emit (PTE) or agreed-upon emissions of air pollution. A source's PTE is its maximum capacity to emit air pollutants under its physical and operational design. The APCD provides PTE calculation templates to assist companies in determining potential emissions.
The APCD uses a two-permit system for facilities:
- Construction permits are required prior to beginning construction or modification of an affected facility or air pollution control equipment. APCD staff will review a proposed project for compliance with all applicable requirements.
- Operating permits are issued after the construction project is approved, completed, and compliance of the construction project is demonstrated.
The APCD also issues permits for gasoline dispensing facilities, certain open burning activities, and the demolition or renovation of structures with materials containing asbestos. Read more about all permits issued by APCD below.
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Title V Permits
Title V Permits, referring to the Title V section of the Clean Air Act (CAA), are issued to "major" air pollution sources, as defined in APCD Regulation 2.16. Those with the highest PTE.
Title V permits combine all applicable federal, state, and local air requirements at a Title V facility into one permit. The EPA has given APCD authority to implement the Title V permit program in APCD Regulation 2.16.
Title V permits are issued for a period of 5 years. A complete Title V permit renewal application must be submitted to the APCD prior to the end of the permit term for continued operation. The Title V permit application process is detailed and complex and may require professional assistance.
An opportunity for public comment and an opportunity for a public hearing are required on proposed Title V permits. EPA and affected states must also review proposed permits, and EPA has the authority to object to permit issuance. You can find proposed Title V permits here, and a listing of issued Title V permits here.
Federally Enforceable District Origin Operating Permits (FEDOOPs)
Federally Enforceable District Origin Operating Permits, or FEDOOPs, are issued to "major" sources that are willing to accept emissions limitations below those that are required by a Title V permit, as described in APCD Regulation 2.17. This is a good option for companies that emit much less than their potential to emit.
FEDOOPs typically contains limits on the operations of the source, such as material used, hours of operation, and emissions monitoring requirements. For the limitations to be federally enforceable they must be practically enforceable, which means they must allow for verification of the source's compliance with federally enforceable requirements. Generally, the practically enforceable limitations should:
- Include a technically accurate limitation and identify the portions of the source subject to the limitation;
- Define the time period for the limitation (e.g., hourly, daily, monthly); and
- Describe the method to determine compliance, including appropriate monitoring, record keeping, and reporting to document compliance.
FEDOOPs are issued for a period of 5 years. A complete FEDOOP renewal application must be submitted to the APCD prior to the end of the permit term for continued operation.
There will also be an opportunity for public comment on each potential FEDOOP. You can find proposed permits here, and a listing of issued FEDOOPs here.
Minor Source Permits
Most stationary air pollution sources in Louisville do not emit at the same levels as “major” Title V or FEDOOP sources and are therefore considered "minor" sources. If a company is unsure of its emissions levels, it is likely a minor source. Unsure companies are encouraged to direct questions to the APCD by emailing our permitting department or utilizing the PTE calculation templates that the APCD provides.
Minor sources have one combined permit to construct and operate. No application is necessary to convert a construction permit into an operating permit and these permits do not have an expiration date. There is no formal renewal application for minor sources.
APCD Regulation 2.08 allows for the transfer of existing operating permits to a new owner or operator. However, if you purchase a business with an operating permit, it is your responsibility to submit the date of transfer in writing to the APCD. Staff may review the permit at this time to determine that no other changes to the permit are necessary.
Registrations
Small minor sources may be eligible for a registration. This includes a slightly streamlined application process as well as simpler compliance obligations.
Gasoline Dispensing Facility Permits
When gasoline is burned as fuel or evaporated it releases volatile organic compounds (VOCs), which are precursors of ozone formation. As part of the strategy to reduce ground level ozone, the APCD permits wholesale, retail, and commercial distribution points for gasoline.
Emissions from the delivery of gasoline are controlled by Stage I systems. When a tanker truck delivers gasoline to a station, the new fuel entering the underground tank forces accumulated gasoline vapors out of the tank into the air. With a properly-functioning Stage I vapor recovery system, these vapors are returned to the tanker truck through a vapor recovery line, instead of into the air. APCD Regulation 6.15 requires gasoline dispensing facilities to use a Stage I vapor recovery system.
APCD Regulation 6.40 used to require most gasoline-dispensing facilities to use Stage II vapor recovery systems. Stage II systems recovered vapors that would escape while refueling a vehicle at the pump, using specially-designed nozzles and hoses to return vapors to an underground storage tank or an incinerator. Stage II systems were made obsolete by Onboard Refueling Vapor Recovery (ORVR), similar technology that was required to be integrated on cars and light duty trucks starting in the late 1990’s. After ORVR became nearly universal, the District modified the regulation and stage II systems are no longer required.
For more information, contact us through this form, call (502) 574-6000 and ask for the gasoline dispensing program, or send a fax to (502) 574-5607 ATTN: gasoline dispensing.
Asbestos Removal Permits
In accordance with APCD Regulations 5.04 and 5.13, the APCD's asbestos team issues permits, inspects asbestos removal sites, and investigates reports of illegal asbestos removal.
Asbestos is a general term for a group of fibrous minerals that were used as fireproof insulation and as a strengthener in pipe insulation, roofing tiles, floor tiles, wall coverings and other materials. Studies have shown that inhaling high concentrations of asbestos fibers can cause serious health problems, including cancer. Special training and equipment are required to remove ACM safely. For this reason, federal and local regulations require specific work practices and the use of a licensed contractor for removal of ACM from any structure other than a private residence with four or fewer units.
For more information, contact the asbestos team through this form, call (502) 574-6000 and ask for the asbestos program, or send a fax to (502) 574-5607 ATTN: Asbestos.
Open Burning Permits
The rules for open burning in Louisville Metro can be found in APCD Regulation 1.11. The following types of open burning are allowed in Louisville with advance notice and an open burning permit.
- Recreational and ceremonial fires.
- Agricultural fires for weed, disease, or pest control and controlled burns for forest, orchard, range, native grassland or wildlife management.
- Fire-fighting training.
Even with approval, a fire cannot be held on a day on which an Air Quality Alert has been issued. Please call 574-6000 to verify the air quality status prior to burning. Other laws and regulations may also apply, depending on the circumstances.
You can find more complete information on open burning on our open burning page. If you have any questions or comments you can contact about open burning through this form, call (502) 574-6000 and ask for Community Compliance, or send a fax to (502) 574-5607 ATTN: Community Compliance.
