40 C.F.R. § 70.1

Program overview

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(a) The regulations in this part provide for the establishment of comprehensive State air quality permitting systems consistent with the requirements of title V of the Clean Air Act (Act) (42 U.S.C. 7401, et seq.). These regulations define the minimum elements required by the Act for State operating permit programs and the corresponding standards and procedures by which the Administrator will approve, oversee, and withdraw approval of State operating permit programs.

(b) All sources subject to these regulations shall have a permit to operate that assures compliance by the source with all applicable 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.

(c) Nothing in this part shall prevent a State, or interstate permitting authority, from establishing additional or more stringent requirements not inconsistent with this Act. The EPA will approve State program submittals to the extent that they are not inconsistent with the Act and these regulations. No permit, however, can be less stringent than necessary to meet all applicable requirements. In the case of Federal intervention in the permit process, the Administrator reserves the right to implement the State operating permit program, in whole or in part, or the Federal program contained in regulations promulgated under title V of the Act.

(d) The requirements of part 70, including provisions regarding schedules for submission and approval or disapproval of permit applications, shall apply to the permitting of affected sources under the acid rain program, except as provided herein or modified in regulations promulgated under title IV of the Act (acid rain program).

(e) Issuance of State permits under this part may be coordinated with issuance of permits under the Resource Conservation and Recovery Act and under the Clean Water Act, whether issued by the State, the U.S. Environmental Protection Agency (EPA), or the U.S. Army Corps of Engineers.

(f) States that choose to receive electronic documents must satisfy the requirements of 40 CFR Part 3—(Electronic reporting) in their program.

[57 FR 32295, July 21, 1992, as amended at 70 FR 59887, Oct. 13, 2005]

Notes of Decisions

Cited in 15 cases, 1996–2015 · leading case: Appalachian Power Co. v. Environmental Protection Agency

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Appalachian Power Co. v. Environmental Protection Agency (2000) cadc “…U.S.C. § 7416 . States may also adopt more stringent permit requirements. 40 C.F.R. § 70.1 (c). 7 . By testing we mean to include instrumental and noninstrumental monitoring as well. <div class”

United States of America, United States of America, State of Louisiana, Intervenor-Appellee v. Marine Shale Processors, (1996) ca5 “See 40 C.F.R. § 70.1 (b) (“All sources subject to these regulations shall have a permit to operate_”).”

New York Public Interest Research Group, Inc. v. Stephen L. Johnson, in His Capacity as Administrator, United States Env (2005) ca2 “…PSD program (if applicable). See 42 U.S.C. §§ 7661a(a), 7661c(a); 40 C.F.R. §§ 70.1 (b), 70.2.”). Also, § 7661b(b)(2) requires that the permittee promptly report any deviations from the permit’s requirements. The Act also contains a grandmothering clause: Polluting sources in…”

New York v. Niagara Mohawk Power Corp. (2003) nywd “…v. Whitman">300 F.3d at 262 (citing 42 U.S.C. §§ 7661a(a), 7661c(a); 40 C.F.R. §§ 70.1 (b), 70.2). Even in the operating permit provisions, it is parenthetically recognized that pre-construction permits under § 7475 are distinct, and must be obtained prior to…”

United States v. EME Homer City Generation, L.P (2013) ca3 “with all applicable requirements,” 40 C.F.R. § 70.1 (b). Among the many requirements included in an operating permit are PSD emission limits (if applicable).”

LaFleur v. Whitman (2002) ca2 “§§ 7661a(a), 7661c(a); 40 C.F.R. §§ 70.1 (b), 70.2. As EPA has explained, “[operating permit programs are intended to consolidate into single federally enforceable documents all requirements of the [CAA] that apply to individual sources [of air pollution].”

MacClarence v. United States Environmental Protection Agency (2010) ca9 “40 C.F.R. § 70.1 (b). Title V further provides for both EPA and public review of permits.”

Kennon v. Air Quality Board (2009) utah “First, Utah has incorporated the federal regulations into its State Implementation Plan as evidenced by the approval of the Utah PSD program and 40 C.F.R. § 70.1 . Second, they argue, Utah's State Implementation Plan cannot be interpreted in a manner that is less stringent than…”

United States v. East Kentucky Power Cooperative, Inc. (2007) kyed “§ 7661a(a), 40 C.F.R. §§ 70.1 (b), 71.1(b) & 71.”

Environmental Action Network v. Environmental Qual. (2003) lactapp · cites it 2× “40 C.F.R. § 70.1 . [2] Louisiana Administrative Code 33:III.”

Conservation Law Foundation v. PSNH (2012) nhd “32,250 (July 2 1 , 1992) (later codified at 40 C.F.R. § 70.1 et s e q .”

In the Matter of Waste Management of Louisiana, LLC (2007) lactapp · cites it 2× “The regulations that codify the requirements of a Title V permit are the federal regulations, 40 C.F.R. §70.1 et. seq.; comparable state regulations are found in the Louisiana Part 70 Operating Pen-nits Program, Louisiana Administrative Code title 33, part III, chapter 5,…”

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