[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR70.1]

[Page 208-209]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 70_STATE OPERATING PERMIT PROGRAMS--Table of Contents
 
Sec. 70.1  Program overview.




Sec.
70.1 Program overview.
70.2 Definitions.
70.3 Applicability.
70.4 State program submittals and transition.
70.5 Permit applications.
70.6 Permit content.
70.7 Permit issuance, renewal, reopenings, and revisions.
70.8 Permit review by EPA and affected States.
70.9 Fee determination and certification.
70.10 Federal oversight and sanctions.
70.11 Requirements for enforcement authority.

Appendix A to Part 70--Approval Status of State and Local Operating 
          Permits Programs

    Authority: 42 U.S.C. 7401, et seq.

    Source: 57 FR 32295, July 21, 1992, unless otherwise noted.


    (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

[[Page 209]]

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.