C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 70—STATE OPERATING PERMIT PROGRAMS

40 C.F.R. § 70.3

Applicability

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(a) Part 70 sources. A State program with whole or partial approval under this part must provide for permitting of the following sources:

(1) Any major source;

(2) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act;

(3) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of this Act;

(4) Any affected source; and

(5) Any source in a source category designated by the Administrator pursuant to this section.

(b) Source category exemptions. (1) All sources listed in paragraph (a) of this section that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act, may be exempted by the State from the obligation to obtain a part 70 permit until such time as the Administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in paragraph (b)(4) of this section.

(2) In the case of nonmajor sources subject to a standard or other requirement under either section 111 or section 112 of the Act after July 21, 1992 publication, the Administrator will determine whether to exempt any or all such applicable sources from the requirement to obtain a part 70 permit at the time that the new standard is promulgated.

(3) [Reserved]

(4) The following source categories are exempted from the obligation to obtain a part 70 permit:

(i) All sources and source categories that would be required to obtain a permit solely because they are subject to part 60, subpart AAA—Standards of Performance for New Residential Wood Heaters; and

(ii) All sources and source categories that would be required to obtain a permit solely because they are subject to part 61, subpart M—National Emission Standard for Hazardous Air Pollutants for Asbestos, § 61.145, Standard for Demolition and Renovation.

(c) Emissions units and part 70 sources. (1) For major sources, the permitting authority shall include in the permit all applicable requirements for all relevant emissions units in the major source.

(2) For any nonmajor source subject to the part 70 program under paragraph (a) or (b) of this section, the permitting authority shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the part 70 program.

(d) Fugitive emissions. Fugitive emissions from a part 70 source shall be included in the permit application and the part 70 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

[57 FR 32295, July 21, 1992, as amended at 70 FR 75346, Dec. 19, 2005]
Notes of Decisions
Cited in 7 cases, 2000–2020 · leading case: United States v. Marvin Rubenstein, AKA Jacob Rubenstein, Isaac Rubenstein, 403 F.3d 93 (2d Cir. 2005).
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United States v. Marvin Rubenstein, AKA Jacob Rubenstein, Isaac Rubenstein, 403 F.3d 93 (2d Cir. 2005). “See 40 C.F.R. § 70.3 (b)(4) (exempting asbestos from a permit requirement); see also 57 Fed.”
Sierra Club v. Portland Gen. Elec. Co., 663 F. Supp. 2d 983 (D. Or. 2009). “§§ 7661a(a), 7661c(a); 40 C.F.R. §§ 70.3 , 70.6(a)(1)). “Title V does not impose new obligations; rather, it consolidates preexisting requirements into a single, comprehensive document for each source, which requires monitoring, record-keeping, and reporting of the source’s…”
Ohio Pub. Interest Rsch. Grp., Inc. v. Whitman, 386 F.3d 792 (6th Cir. 2004). “§§ 7661a(a), 7661c(a); 40 C.F.R. §§ 70.3 , 70.6(a)(1). Title V does not impose new obligations; rather, it consolidates pre-ex-isting requirements into a single, comprehensive document for each source, which requires monitoring, record-keeping, and reporting of the source’s…”
Clean Air Council v. Cnty. of Allegheny (Pa. Commw. Ct. 2018). · cites it 2× “Protection Agency’s (EPA) Regulations, 40 C.F.R. § 70.3 (a)(1).3 The purpose of a Title V operating permit is to incorporate into one document all the requirements that are included in a facility’s existing installation (construction) permits, and any applicable regulatory…”
FRIENDS OF AGR. v. Zimmerman, 51 S.W.3d 64 (Mo. Ct. App. 2001). “[73] 40 C.F.R. § 70.3 . [74] See 10 CSR 10-6.065(1).”
United States v. Weintraub, 96 F. Supp. 2d 135 (D. Conn. 2000). “See 40 C.F.R. § 70.3 (b)(4) (2000) (“Unless otherwise required by the State to obtain a part 70 permit, the following source categories are exempted from the obligation to obtain a part 70 permit: .”
Wheelabrator Baltimore, L.P. v. Mayor & City Council of Baltimore (D. Maryland 2020). “¶¶ 14, 16); see also 40 C.F.R. § 70.3 ; COMAR 26.11.03.01. Applicants for Title V permits must meet several requirements under Maryland’s regulations.”
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