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State Operating Permit Programs (40CFR70.1 -- 40CFR70.6)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

This part provides for the establishment of comprehensive State operating permit programs that are consistent with the requirements of Title V of the Clean Air Act (Act). Specifically, these regulations define the minimum elements required by the Act for State operating permit programs. All sources subject to these regulations must have a permit to operate that assures compliance by the source with all applicable Clean Air Act requirements. While Title V does not impose substantive new requirements, it does require that fees be imposed on sources and that certain procedural measures be adopted especially with respect to compliance.

Applicability (40CFR70.3)
At a minimum, permits are required for the following sources: any source that qualifies as a major source under any provision of the Act; any source subject to the new source performance standards under Section 111 of the Act; any source subject to the acid rain provisions of Title IV of the Act; any source subject to a standard under Section 112 of the Act, with the exception of those sources subject only to the accidental release provisions of Section 112(r); and, any source in an EPA-designated industrial source category.

Permit content (40CFR70.6)
The permit for a facility will contain specific information on the emission limitations and standards for the facility, including operations requirements and limitations that ensure compliance with the permit. The valid time of the permit will be identified (usually a period of 5 years from the date of issue), as well as, any applicable monitoring and recordkeeping requirements. These requirements come from various provisions of the Act and may include maintenance of equipment, testing of air streams to randomly check pollutant concentrations, and reports of deviation from standard operations or from pollutant releases. In addition, a permit will contain requirements for annual compliance certification with the terms and conditions contained in the permit.

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