Title V Program Frequently Asked Questions

Q1. When is the Annual Emissions Reporting Form (AERF) due?

A1.  The AERF and all supporting information are due July 1^st if you wish to pay the program fee based on actual emissions.  The earlier the information is submitted the better to allow MDEQ staff adequate time to review and ask questions about the submittal.  Any facility who does not submit a complete AERF packet by July 1^st will pay based on the allowable emissions (partially or fully) of the current Title V permit.

Q2. Are the AERF and AERR the same requirements?

A2. No, they are two separate requirements.   The Annual Emissions Reporting Form (AERF) submission is required under the Title V permit program to fund the Title V program (ex. provides funding for  MDEQ staff to write TV operating permits or complete Title V inspections.)  Like the Title V program, the Air Emissions Reporting Requirement is a federal requirement mandated by the Clean Air Act Amendments of 1990.  However, the AERR’s purpose is to create a national emissions inventory to help attain and maintain the National Ambient Air Quality Standards (NAAQS) through consolidated emissions reporting.

Q3. How do you calculate my Title V program Fee?

A3.  There are two parts to the fee system. The fee calculation depends on the fee schedule set by the Commission and when the AERF is submitted. The first part of the fee schedule is the emissions component.   If the AERF is submitted timely, then the total amount of bill able emissions is multiplied by  the $/ton amount set in the commission order.  If the emissions are below 100 tons, the fee will be found in the tiered minimum emissions table.   If the AERF is submitted after July 1^st, the fee will be based on the facility’s allowable emissions.  The amount can be adjusted to be partially based on actuals depending on when the AERF is submitted.    The second part of the fee schedule is the permit complexity component also known as the maintenance fee.  This portion is calculated based on the number of federal air regulations to which the facility is subject.  There is a tiered table with the fee amounts in the commission order.  The total Title V program fee is found by adding the emissions and complexity portions together.

Q4. My facility is new and did not operate during the last calendar year. Do I have to pay a fee this year?

A4. Yes, if on September 1^st, the facility is subject to the Title V program, then a program fee is due.  The fees are used for that state fiscal year which began July 1^st. If you had no emissions during the previous calendar year, you can report zeroes for all the pollutants and support the zero emissions with a statement that no operation occurred. The facility will pay the applicable minimum fee of the emissions portion and their complexity portion (i.e., maintenance fee) for applicable air regulations.

Q5. My facility is new and did not operate during the last calendar year.  I have submitted my certification of construction required by the construction permit and am allowed to operate for one year prior to submitting a Title V application.  Do I still have to pay a fee if I will not hold a Title V permit?

A5. Yes, the fee is not based on whether you hold a Title V permit but on whether you have allowable emissions which exceed a Title V threshold (i.e., the facility is a major Title V source for at least one pollutant).

Q6. My facility is new and did not operate during the last calendar year.  I have submitted my certification of construction and am allowed to operate for one year prior to submitting a synthetic minor application.  I expect to take limits on my allowable emissions and get out of the synthetic minor application before the Title V application is due. Do I still have to pay a fee if I will not hold a Title V permit?

A6. Typically, if a facility has allowable emissions over the Title V threshold and plans to avoid the Title V program, limits are given in the construction permit.  However, in this case since limits were not given, the facility would be considered a major source and would be required to pay a Title V program fee on September 1^st until a Synthetic Minor Operating Permit (SMOP) is issued.   Simply having an application under review for a SMOP will not forestall the requirement to pay the fee.  A SMOP candidate should comply with the actual emissions reporting that is due July 1 as though a fee will have to be paid.  If the actual emissions are reported and a SMOP is not issued by September 1, the emissions portion will be based on actuals.  Conversely, if the actual emissions are not reported and the SMOP is not issued by September 1, the emissions portion of the fee will be based on the original major source allowable emissions identified in emissions inventory of the construction permit and will potentially be significantly higher.   Furthermore, any failure to pay the amount due will prevent the facility from being eligible to receive any additional permits, including the SMOP, until outstanding fees are resolved.

Q7. My AERF submission was late.  Can I still pay based on actual emissions? How will my fee be calculated?

A7. Your fee will still be comprised of an emissions portion and a complexity portion.  However, the emissions portion will be based on both actual and allowable emissions. The percentages of actuals and allowables depend on when the AERF is submitted.

Also, a 10% late fee based on allowables would be due after October 1^st for a Title V program fee not paid. The amount of allowable emissions will be those allowed under the permit active on July 1^st of the year the AERF was due. (i.e., the emissions provided in Sections B.2 and B.3 of the Title V application for the current operating permit and emissions from insignificant activities).

Q8. Previously, I was told that it was not necessary to report all emissions in my permit application, especially those from insignificant activities (IAs). Now DEQ requires the allowable emissions include emissions from IAs and says I should report IA emissions in the actuals.  Isn’t this contradictory?

A8. No, there is no contradiction. Although Rule 6.7.A. allows certain insignificant activities to not be included in the Title V application, it is generally because there are no applicable requirements for these small sources that would need to be addressed in the Title V permit.  However, Rule 6.2.C(3)(a). requires any additional information be submitted as necessary to assess Title V fees, including emissions from insignificant activities. Nonetheless, it is current DEQ policy to not require facilities to calculate emissions from activities listed in Rule 6.7.A since the facility is not required to keep records of these activities for any other reason under the Title V program.

Q9. Can I use the process weight formula (E=4.1p0.67) to calculate my actual particulate emissions?

A9. No. The process weight formula applies only to manufacturing processes (which includes materials handling systems) to which no more restrictive new source standard applies.  It is used to calculate the allowable emission rate of particulate in pounds per hour for a specific process input rate in tons per hour. Actual emissions should be determined by one or more of the methods allowed (Appendix 1), which would take into account the specific operating parameters of the source.

Q10. Do I have to determine an actual emissions value for every pollutant listed on the AERF?

A10. It depends on two items. The first is if the facility is also submitting an AERR that year.   Some Title V pollutants (CO and CFCs/HCFCs) are not subject to fees, so reporting of actuals is not necessary since no fee mitigation will occur.  However, for facilities using the AERF documentation to suffice for the AERR, Carbon Monoxide is required to be calculated and submitted with the AERF. The AERR also requires reporting of any Ammonia emissions, which is a pollutant not otherwise regulated by DEQ and not included in the summary table of the AERR.  The AERR requires an estimate of actual annual emissions be reported. These emissions are publicly available and are used in many analyses to target emissions reductions or flag potential emission sources for unacceptable toxicity risk.  Therefore, a facility should attempt to accurately report actual emissions rather than default to allowable emissions.

The second is if the facility wishes to pay based on actuals or allowables. For any pollutant subject to the fee if an actual amount is not calculated or listed on the AERF, the facility will pay for that pollutant based on allowables.

Q11. My facility is fairly complex with a lot of emission points.   I don’t see how I can determine actual emissions for everything by the July 1 due date. Can I get an extension of time to submit the report? If not, would you advise that I hire a consultant to collect the information?

A11. No, there is no provision for extending the July 1 reporting date. In fact, the regulations were revised to lay out explicitly how post-July 1 actuals reports would be handled with regard to the amount of fees assessed.  (See Appendix 3.)

Since the actual emissions accounting must be made for the previous calendar year, we highly recommend the process of calculating actual emissions begin as early in the year as possible, prior to receiving the AERF. For example, production data, hours of operation, fuel usage, and materials consumed should be collected on an on-going basis during the year or at the end of the calendar year, well before the AERF is due.

Also, Title V facilities must certify compliance with their permit within 30 to 60 days following the end of the calendar year. For many facilities, the information that forms the basis for the compliance certification is the same information that defines the actual emissions for the calendar year; therefore, much of the actual emissions information should have already been collected if a proper compliance certification is being made.

As to using a consultant, this decision is left up to the facility. We do, however, caution you that using a consultant may not save any time since the consultant will require some time to become familiar with your facility and determine what information is needed from you to prepare the AERF. Also, remember the facility cannot transfer any legal obligation under the regulations to the consultant.

Q12. I did not receive a notification about the upcoming AERF deadline, so I did not submit the report by July 1.  Can I get an extension?

A12. No, failure to receive the AERF notification is not a credible excuse for any facility.  The requirement to submit the AERF is the Title V permit and stated in the MDEQ regulations. A generic AERF can also be found on our website.

Facilities should notify DEQ of personnel or address changes in a timely manner to minimize errors.  All mail which is misaddressed due to address changes should be forwarded in accordance with the USPS procedures or returned to DEQ if not forwarded.  Any AERF mail/email returned as undeliverable is followed up with a phone call or other means of contact to understand the issue and to make appropriate corrections.  If you need to make any changes to the contact information for the facility, please contact your EPD permit writer.   If you wish to change the Title V assessment fee contact or billing address, contact Laura James at 601-961-5675 or LJames@mdeq.ms.gov.

Q13. I’ve read the certification statement on the AERF and I’m unclear as to who is supposed to sign the certification.  Can you explain?

A13. Like all reports and compliance certifications required by a Title V permit, the AERF is required to have a truth and accuracy statement signed by a responsible official (RO).   In the case of a corporation, a person other than a corporate officer who meets certain qualifications can be designated as a “duly authorized representative” (DAR) to act for the RO.  The full definition of responsible official is provided in the Expanded Instructions in Step 7 of this document and in the Title V regulations, 11 Miss. Admin. Code Pt. 2, R. 6.1.A(26).  One primary point to note with respect to certifying the AERF is the person signing (RO or corporate DAR) should have established credentials and qualifications to act in that capacity before signing the AERF.  If the person signing the AERF cannot be verified to be the RO (or DAR), the AERF cannot be accepted as complete.