EPA Clean Air Act - Operating Permits
Information, Regulations, Downloads & Links
Introduction
The Clean Air Act (CAA) operating permits program provides a mechanism for gathering together in one document all the federal, State, and local regulations and requirements applicable to air pollution sources. The goals of the operating permits program are to ensure that air emission source operators know what air pollution control requirements apply, to improve compliance, and to resolve applicability questions. As an outcome of this, the public will be better informed about sources of pollution in their neighborhoods.
Available Information
What are the requirements?
The Operating Permits Program was established by the 1990 amendments to the Clean Air Act in Title V sections 501 to 506.
Regulations for implementing the operating permit requirements were promulgated on July 21, 1992 and are located in 40 CFR Part 70(Adobe PDF).
Federal Operating Permit Regulations were promulgated as 40 CFR Part 71 on July 1, 1996.
 | These regulations apply in those circumstances where an approved operating permit program does not exist. |
| These regulations were proposed on April 27, 1995 at 60 FR 20803. |
| Part 71 application forms, including detailed instructions, are available for sources to use to apply for a part 71 permit. |
Individual State and local permitting have adopted regulations that were approved by EPA as meeting the requirements of 40 CFR Part 70.
Revisions to monitoring and testing requirements and compliance certification procedures were promulgated with the Compliance Assurance Monitoring rule on October 22, 1997 at 62 FR 54899.
What guidance has been prepared?
Guidance memoranda have been prepared to define, discuss, and clarify the requirements for an approvable State or local title V permitting program. Copies of these memoranda are available for download on EPA's Technology Transfer Network (the OAQPS TTN).
Who are responsible for implementing the permits programs?
Operating permits are issued by State and Local Permitting Authorities. For information regarding the status of permits or the specific permitting requirements, these agencies should be contacted.
The EPA offices listed below are responsible for general program requirements and overall coordination.
| The EPA's Operating Permits Group |
| The EPA's Acid Rain Division |
| The EPA's Office of Enforcement and Compliance Assurance |
| The EPA's Regional Offices |
What is the approval status for each of the State and local permitting authorities?
By November 15, 1993, operating permits programs were to have been submitted for all States and territories consistent with the Operating Permits Program regulations.
Submittals were required from the 50 States, District of Columbia and U.S. Trust Territories and Possessions.
In many cases, local programs are responsible for developing and implementing the operating permits programs for their areas of jurisdiction. For example, 34 local programs in California will implement the permit program across the State.
Steps in the approval process:
- State or local agency submits a plan for issuing permits to operate facilities that emit air pollution
- EPA regional offices determine whether submittal is complete enough for review
- EPA notifies States of completeness status
- EPA proposes to approve or disapprove in Federal Register
- Public given opportunity to comment on submittal
- EPA publishes final approval or disapproval of State or local operating permits program
- Facilities submit permit applications to agencies
- Agencies review and approve applications, grant operating permits
To date:
| Approvals have been published in the Federal Register for 52 State and all 60 local programs. |
| Approvals of Section 325 actions have also been published for 3 territories. |
Status of Operating Permits Programs
The approval status of state, local, and territorial operating permits programs are summarized on subsequent pages. Since the programs are reviewed and approved by EPA regional offices, program summaries are grouped by region.
| Region I | Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont |
| Region II | New Jersey, New York, Puerto Rico, Virgin Islands |
| Region III | Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia |
| Region IV | Alabama, Florida, Georgia, Kentucky, Mississippi, N. Carolina, S. Carolina, Tennessee |
| Region V | Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin |
| Region VI | Arkansas, Louisiana, New Mexico, Oklahoma, Texas |
| Region VII | Iowa, Kansas, Missouri, Nebraska |
| Region VIII | Colorado, Montana, N. Dakota, S. Dakota, Utah, Wyoming |
| Region IX | Arizona, California, Hawaii, Nevada, American Samoa, Guam, Northern Marianas Islands |
| Region X | Alaska, Idaho, Oregon, Washington |
What changes are coming?
EPA will take final action on the revisions to the Part 70 regulations proposed in 1994 and 1995.
EPA will take final action on the permit revision procedures in the Federal Operating Permit Regulations (40 CFR Part 71) upon promulgation of revisions to 40 CFR Part 70.
EPA will take final action on proposed revisions to the Federal Operating Permit Regulations (40 CFR Part 71) for issuing permits in Indian Country.
| Fact Sheet for proposed regulations |
Related Activities
| Clean Air Act Section 112 |
| 40 CFR Part 63 |
| 40 CFR Part 68 |
| Clean Air Act Title IV |
| 40 CFR Part 72(Adobe PDF) |
| 40 CFR Part 73(Adobe PDF) |
| 40 CFR Part 74(Adobe PDF) |
| 40 CFR Part 75(Adobe PDF) |
| 40 CFR Part 76(Adobe PDF) |
| 40 CFR Part 77(Adobe PDF) |
| 40 CFR Part 78(Adobe PDF) |
Compliance Assurance Monitoring (CAM)
| Clean Air Act Section 114 |
| 40 CFR Part 64 |
| AIRS Facility Subsystem (AFS) |
This page was updated on 19-Jan-2011
or
click on