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.
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.
The two programs, compared.
Same agency, same division — but different laws, triggers, and jobs.
| Program 1New Source Review | Program 2Title V | |
|---|---|---|
| In one line | Permission to build. | Permission to operate. |
| Type of permit | Preconstruction authorization | Federal operating permit |
| Legal basis | 30 TAC Chapter 116 | 30 TAC Chapter 122 (federal 40 CFR 70) |
| When it's required | Before constructing or modifying a source | Once a site becomes a major source |
| Applies to | Almost any source that emits — sized to the emissions | Major sources (plus some by-rule categories) |
| What it does | Sets the project's emission limits and controls (BACT / LAER) | Consolidates every applicable requirement into one document |
| Key obligations | Technical review, impacts analysis, public notice where required | Monitoring, recordkeeping, annual compliance certification, deviation reports |
| Comes in the form of | PBR, standard, case-by-case, flexible, PSD, nonattainment | SOP, GOP, TOP |
| Operate while pending? | No — authorization must be in hand before you build | Often yes, with a timely, complete initial application |
| Renewal | Standard permits every 10 yrs; others renewed periodically | At least every 5 years |
They hand off to each other.
The two programs aren't alternatives — they run in sequence over a project's life.
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.
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.
It comes down to size.
Most sources only ever touch NSR. Title V enters the picture when a site crosses the major-source line.
One authorization
e.g. a concrete batch plant
Two authorizations
e.g. a chemical plant or large data center
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.
| Pollutant | Major-source threshold |
|---|---|
| Any single hazardous air pollutant (HAP) | 10 tpy |
| Any combination of HAPs | 25 tpy |
| Any regulated air pollutant | 100 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.
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.
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.
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.