[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: 40CFR70.3]

[Page 213-214]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 70_STATE OPERATING PERMIT PROGRAMS--Table of Contents
 
Sec. 70.3  Applicability.

    (a) Part 70 sources. A State program with whole or partial approval 
under this part must provide for permitting of at least 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) Any source listed in paragraph (a) of this section exempt from 
the requirement to obtain a permit under this section may opt to apply 
for a permit under a part 70 program.
    (4) 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:
    (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

[[Page 214]]

for Asbestos, Sec. 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.