[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.