EPA Clean Air Act - Operating Permits
Information, Regulations, Downloads & Links

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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.

bulletThese regulations apply in those circumstances where an approved operating permit program does not exist.
bulletThese regulations were proposed on April 27, 1995 at 60 FR 20803
bulletPart 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.

bulletThe EPA's Operating Permits GroupbulletThe EPA's Acid Rain DivisionbulletThe EPA's Office of Enforcement and Compliance AssurancebulletThe 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:

  1. State or local agency submits a plan for issuing permits to operate facilities that emit air pollution
  2. EPA regional offices determine whether submittal is complete enough for review
  3. EPA notifies States of completeness status
  4. EPA proposes to approve or disapprove in Federal Register
  5. Public given opportunity to comment on submittal
  6. EPA publishes final approval or disapproval of State or local operating permits program
  7. Facilities submit permit applications to agencies
  8. Agencies review and approve applications, grant operating permits

* To date:

bulletApprovals have been published in the Federal Register for 52 State and all 60 local programs.bulletApprovals 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 IConnecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Region IINew Jersey, New York, Puerto Rico, Virgin Islands
Region IIIDelaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia
Region IVAlabama, Florida, Georgia, Kentucky, Mississippi, N. Carolina, S. Carolina, Tennessee
Region VIllinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
Region VIArkansas, Louisiana, New Mexico, Oklahoma, Texas
Region VIIIowa, Kansas, Missouri, Nebraska
Region VIIIColorado, Montana, N. Dakota, S. Dakota, Utah, Wyoming
Region IXArizona, California, Hawaii, Nevada, American Samoa, Guam, Northern Marianas Islands
Region XAlaska, 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.

bulletFact Sheet for proposed regulations

Related Activities

* Toxic Air Pollutants

bulletClean Air Act Section 112bullet40 CFR Part 63bullet40 CFR Part 68

 

* Acid Rain

bulletClean Air Act Title IV
bullet40 CFR Part 72(Adobe PDF)bullet40 CFR Part 73(Adobe PDF)bullet40 CFR Part 74(Adobe PDF)bullet40 CFR Part 75(Adobe PDF)bullet40 CFR Part 76(Adobe PDF)bullet40 CFR Part 77(Adobe PDF)bullet40 CFR Part 78(Adobe PDF)

* Compliance Assurance Monitoring (CAM)

bulletClean Air Act Section 114bullet40 CFR Part 64

* AIRS

bulletAIRS Facility Subsystem (AFS)

This page was updated on 1-Apr-2016

 

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Contact information:
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Table of Contents for Environmental Health & Safety Online for EHS Professionals http://www.ehso.com/contents.php
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EHSO is looking for environmental and safety service providers, such as trainers, consultants, CIH's, etc., anywhere in the United States to provide their services to our site visitors.  Write us for more information. Email: or click on feedback

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Contact information:
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Table of Contents for Environmental Health & Safety Online for EHS Professionals http://www.ehso.com/contents.php
Environmental and safety services for business - training, consulting, assessments, ISO14000, report and permit preparations and expert testimony. http://www.ehso.com/EHSservices/enviserv.htm
EHSO is looking for environmental and safety service providers, such as trainers, consultants, CIH's, etc., anywhere in the United States to provide their services to our site visitors.  Write us for more information. Email: or click on feedback

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Copyright 2013 Benivia, LLC (dba EHSO) All rights reserved.

 

Contact information:
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Table of Contents for Environmental Health & Safety Online for EHS Professionals http://www.ehso.com/contents.php
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EHSO is looking for environmental and safety service providers, such as trainers, consultants, CIH's, etc., anywhere in the United States to provide their services to our site visitors.  Write us for more information. Email: or click on feedback

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