PermitPulse
Air Permitting 101/NSR vs. Title V
Chapter 3 · Core concept

New Source Review vs. Title V.

These two programs get mixed up constantly — but the distinction is simple once it clicks. One is permission to build. The other is permission to operate. A big site usually needs both, and they do very different jobs.

The one-breath version

New Source Review is about the project; Title V is about the site. NSR is a preconstruction permit (30 TAC Ch. 116) that authorizes you to build or modify a source and sets its emission limits. Title V is a federal operating permit (30 TAC Ch. 122) that a major site holds to keep running — it gathers all the site's requirements into one document. Building under NSR doesn't satisfy Title V, and holding Title V doesn't let you build.

Side by side

The two programs, compared.

Same agency, same division — but different laws, triggers, and jobs.

Program 1New Source ReviewProgram 2Title V
In one linePermission to build.Permission to operate.
Type of permitPreconstruction authorizationFederal operating permit
Legal basis30 TAC Chapter 11630 TAC Chapter 122 (federal 40 CFR 70)
When it's requiredBefore constructing or modifying a sourceOnce a site becomes a major source
Applies toAlmost any source that emits — sized to the emissionsMajor sources (plus some by-rule categories)
What it doesSets the project's emission limits and controls (BACT / LAER)Consolidates every applicable requirement into one document
Key obligationsTechnical review, impacts analysis, public notice where requiredMonitoring, recordkeeping, annual compliance certification, deviation reports
Comes in the form ofPBR, standard, case-by-case, flexible, PSD, nonattainmentSOP, GOP, TOP
Operate while pending?No — authorization must be in hand before you buildOften yes, with a timely, complete initial application
RenewalStandard permits every 10 yrs; others renewed periodicallyAt least every 5 years
Why a big site needs both

They hand off to each other.

The two programs aren't alternatives — they run in sequence over a project's life.

First · to build

NSR sets the limits

Before construction, New Source Review reviews the project and writes its emission limits and control requirements into a preconstruction permit. This happens project by project, every time you build or modify.

then
Later · to operate

Title V gathers them up

Once the site is a major source, Title V pulls those NSR limits together with every other applicable requirement — federal MACT/NSPS standards, acid-rain rules, state rules — into one operating permit, and adds how you'll prove compliance.

The mental model that sticks:Title V generally doesn't invent new emission limits — it consolidatesthe ones you already have (many of them from NSR) and defines the monitoring, recordkeeping, and annual certification that prove you're meeting them.

Do you need one or both?

It comes down to size.

Most sources only ever touch NSR. Title V enters the picture when a site crosses the major-source line.

Minor source

One authorization

e.g. a concrete batch plant

1Build under an NSR authorization — here, a standard permit.
Emissions stay below the major-source thresholds.
No Title V permit required.
Result: NSR only.
Major source

Two authorizations

e.g. a chemical plant or large data center

1Build under an NSR authorization — often case-by-case or PSD.
2Site is a major source, so it also needs Title V to operate.
3Title V is renewed at least every five years thereafter.
Result: NSR + Title V.
The line that triggers Title V

What counts as a "major source."

A site is major if it emits — or has the potential to emit — at or above any of these levels.

PollutantMajor-source threshold
Any single hazardous air pollutant (HAP)10 tpy
Any combination of HAPs25 tpy
Any regulated air pollutant100 tpy

tpy = tons per year, based on potential to emit. Thresholds are lower in serious, severe, or extreme nonattainment areas for the relevant pollutant. Some source categories — such as certain landfills, air-curtain incinerators, and hazardous-waste combustors — must obtain Title V by rule even below these levels.

Because the trigger is potential to emit, not just actual emissions, a site can be "major" even if it rarely runs at capacity — which is why the calculation, and the permit limits that cap it, matter so much. For the authorizations on the construction side that get you to that point, see Permit types explained.

Clearing it up

Three things people get backwards.

“I have an NSR permit, so I’m covered for Title V.”

Not necessarily. An NSR permit authorizes construction of a project. If the site is a major source, it still needs a separate Title V operating permit — the two are issued under different rules and do different things.

“My Title V permit lets me build a new unit.”

No. Title V is an operating permit. Adding or modifying a unit needs the appropriate NSR preconstruction authorization first; the change is later folded into the Title V permit.

“Title V adds a bunch of new emission limits.”

Usually not. Title V mostly consolidates limits that already apply from other rules and permits. What it does add is the compliance machinery — monitoring, recordkeeping, annual certification, and deviation reporting.

FAQ

NSR vs. Title V, answered.

What's the difference between NSR and Title V?+

New Source Review is a preconstruction program under 30 TAC Chapter 116 — it authorizes you to build or modify a source and sets that project's emission limits. Title V, under Chapter 122, is a federal operating permit for major sites that consolidates every applicable requirement into one document. NSR is about the project; Title V is about the site, and a major facility usually needs both.

Do I need both an NSR permit and a Title V permit?+

A major source generally needs both — an NSR authorization to build each project and a Title V permit to operate the site. Many smaller sources need only an NSR authorization (often a permit by rule or standard permit) and never trigger Title V, because they stay below the major-source thresholds.

Does a Title V permit let me build or modify a facility?+

No. Title V is an operating permit, not a construction permit. Before building a new source or modifying an existing one, you still need the appropriate New Source Review preconstruction authorization. Title V governs how the site operates once it's a major source.

What makes a site a major source for Title V?+

A site is major if it emits, or has the potential to emit, 100 tpy or more of any regulated air pollutant, 10 tpy or more of any single HAP, or 25 tpy or more of any combination of HAPs. Thresholds are lower in serious, severe, or extreme nonattainment areas, and some source categories must obtain Title V by rule regardless of emissions.

Can I operate while my Title V application is pending?+

In many cases yes. If a site submits a timely and complete initial Title V application, it may generally keep operating while TCEQ processes the permit. That application shield doesn't substitute for the NSR authorization a project needs before construction.

Track both sides of the site.

Whether it's a new NSR construction permit or a Title V renewal coming due, PermitPulse follows it and alerts you within a day of the TCEQ update.

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This chapter summarizes publicly available TCEQ and EPA guidance for general informational purposes only — it is not legal, engineering, or professional advice. Thresholds, rule citations, and program descriptions are drawn from TCEQ's Air Permitting Fact Sheet (RG-616), 30 TAC Chapters 116 and 122, and the federal Title V program, and may change; always confirm against the current rules before acting.

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