[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: 40CFR71.5]

[Page 264-267]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 71_FEDERAL OPERATING PERMIT PROGRAMS--Table of Contents
 
                       Subpart A_Operating Permits
 
Sec. 71.5  Permit applications.

    (a) Duty to apply. For each part 71 source, the owner or operator 
shall submit a timely and complete permit application in accordance with 
this section.
    (1) Timely application. (i) A timely application for a source which 
does not have an existing operating permit issued by a State under the 
State's approved part 70 program and is applying for a part 71 permit 
for the first time is one that is submitted within 12 months after the 
source becomes subject to the permit program or on or before such 
earlier date as the permitting authority may establish. Sources required 
to submit applications earlier than 12 months after the source becomes 
subject to the permit program will be notified of the earlier submittal 
date at least 6 months in advance of the date.
    (ii) Part 71 sources required to meet the requirements under section 
112(g) of the Act, or to have a permit under the preconstruction review 
program approved into the applicable implementation plan under part C or 
D of title I of the Act, shall file a complete application to obtain the 
part 71 permit or permit revision within 12 months after commencing 
operation or on or before such earlier date as the permitting authority 
may establish. Sources required to submit applications earlier than 12 
months after the source becomes subject to the permit program will be 
notified of the earlier submittal date at least 6 months in advance of 
the date. Where an existing part 70 or 71 permit would prohibit such 
construction or change in operation, the source must obtain a permit 
revision before commencing operation.
    (iii) For purposes of permit renewal, a timely application is one 
that is submitted at least 6 months but not more that 18 months prior to 
expiration of the part 70 or 71 permit.
    (iv) Applications for initial phase II acid rain permits shall be 
submitted to the permitting authority by January 1, 1996 for sulfur 
dioxide, and by January 1, 1998 for nitrogen oxides.
    (2) Complete application. To be deemed complete, an application must 
provide all information required pursuant to paragraph (c) of this 
section, except that applications for permit revision need supply such 
information only if it is related to the proposed change. To be found 
complete, an initial or renewal application must remit payment of fees 
owed under the fee schedule established pursuant to Sec. 71.9(b). 
Information required under paragraph (c) of this section must be 
sufficient to evaluate the subject source and its application and to 
determine all applicable requirements. A responsible official must 
certify the submitted information consistent with paragraph (d) of this 
section. Unless the permitting authority determines that an application 
is not complete within 60 days of receipt of the application, such 
application shall be deemed to be complete, except as otherwise provided 
in Sec. 71.7(a)(4). If, while processing an application that has been 
determined or deemed to be complete, the permitting authority determines 
that additional information is necessary to evaluate or take final 
action on that application, it may request such information in writing 
and set a reasonable deadline for a response. The source's ability to 
operate without a permit, as set forth in Sec. 71.7(b), shall be in 
effect from the date

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the application is determined or deemed to be complete until the final 
permit is issued, provided that the applicant submits any requested 
additional information by the deadline specified by the permitting 
authority.
    (3) Confidential information. An applicant may assert a business 
confidentiality claim for information requested by the permitting 
authority using procedures found at part 2, subpart B of this chapter.
    (b) Duty to supplement or correct application. Any applicant who 
fails to submit any relevant facts or who has submitted incorrect 
information in a permit application shall, upon becoming aware of such 
failure or incorrect submittal, promptly submit such supplementary facts 
or corrected information. In addition, an applicant shall provide 
additional information as necessary to address any requirements that 
become applicable to the source after the date it filed a complete 
application but prior to release of a draft permit.
    (c) Standard application form and required information. The 
permitting authority shall provide sources a standard application form 
or forms. The permitting authority may use discretion in developing 
application forms that best meet program needs and administrative 
efficiency. The forms and attachments chosen, however, shall include the 
elements specified below. An application may not omit information needed 
to determine the applicability of, or to impose, any applicable 
requirement, or to evaluate the fee amount required under the schedule 
established pursuant to Sec. 71.9.
    (1) Identifying information, including company name and address (or 
plant name and address if different from the company name), owner's name 
and agent, and telephone number and names of plant site manager/contact.
    (2) A description of the source's processes and products (by 
Standard Industrial Classification Code) including any associated with 
each alternate scenario identified by the source.
    (3) The following emissions-related information:
    (i) All emissions of pollutants for which the source is major, and 
all emissions of regulated air pollutants. A permit application shall 
describe all emissions of regulated air pollutants emitted from any 
emissions unit, except where such units are exempted under this 
paragraph (c). The permitting authority shall require additional 
information related to the emissions of air pollutants sufficient to 
verify which requirements are applicable to the source, and other 
information necessary to collect any permit fees owed under the fee 
schedule established pursuant to Sec. 71.9(b).
    (ii) Identification and description of all points of emissions 
described in paragraph (c)(3)(i) of this section in sufficient detail to 
establish the basis for fees and applicability of requirements of the 
Act.
    (iii) Emissions rates in tpy and in such terms as are necessary to 
establish compliance consistent with the applicable standard reference 
test method.
    (iv) The following information to the extent it is needed to 
determine or regulate emissions: fuels, fuel use, raw materials, 
production rates, and operating schedules.
    (v) Identification and description of air pollution control 
equipment and compliance monitoring devices or activities.
    (vi) Limitations on source operation affecting emissions or any work 
practice standards, where applicable, for all regulated pollutants at 
the part 71 source.
    (vii) Other information required by any applicable requirement 
(including information related to stack height limitations developed 
pursuant to section 123 of the Act).
    (viii) Calculations on which the information in paragraphs (c)(3) 
(i) through (vii) of this section is based.
    (4) The following air pollution control requirements:
    (i) Citation and description of all applicable requirements; and
    (ii) Description of or reference to any applicable test method for 
determining compliance with each applicable requirement.
    (5) Other specific information that may be necessary to implement 
and enforce other applicable requirements of the Act or of this part or 
to determine the applicability of such requirements.

[[Page 266]]

    (6) An explanation of any proposed exemptions from otherwise 
applicable requirements.
    (7) Additional information as determined to be necessary by the 
permitting authority to define alternative operating scenarios 
identified by the source pursuant to Sec. 71.6(a)(9) or to define 
permit terms and conditions implementing Sec. 71.6(a)(10) or Sec. 
71.6(a)(13).
    (8) A compliance plan for all part 71 sources that contains all the 
following:
    (i) A description of the compliance status of the source with 
respect to all applicable requirements.
    (ii) A description as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis.
    (C) For requirements for which the source is not in compliance at 
the time of permit issuance, a narrative description of how the source 
will achieve compliance with such requirements.
    (iii) A compliance schedule as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis. A statement that the source will meet in a timely 
manner applicable requirements that become effective during the permit 
term shall satisfy this provision, unless a more detailed schedule is 
expressly required by the applicable requirement.
    (C) A schedule of compliance for sources that are not in compliance 
with all applicable requirements at the time of permit issuance. Such a 
schedule shall include a schedule of remedial measures, including an 
enforceable sequence of actions with milestones, leading to compliance 
with any applicable requirements for which the source will be in 
noncompliance at the time of permit issuance. This compliance schedule 
shall resemble and be at least as stringent as that contained in any 
judicial consent decree or administrative order to which the source is 
subject. Any such schedule of compliance shall be supplemental to, and 
shall not sanction noncompliance with, the applicable requirements on 
which it is based.
    (iv) A schedule for submission of certified progress reports no less 
frequently than every 6 months for sources required to have a schedule 
of compliance to remedy a violation.
    (v) The compliance plan content requirements specified in this 
paragraph shall apply and be included in the acid rain portion of a 
compliance plan for an affected source, except as specifically 
superseded by regulations promulgated under parts 72 through 78 of this 
chapter with regard to the schedule and method(s) the source will use to 
achieve compliance with the acid rain emissions limitations.
    (9) Requirements for compliance certification, including the 
following:
    (i) A certification of compliance with all applicable requirements 
by a responsible official consistent with paragraph (d) of this section 
and section 114(a)(3) of the Act;
    (ii) A statement of methods used for determining compliance, 
including a description of monitoring, recordkeeping, and reporting 
requirements and test methods;
    (iii) A schedule for submission of compliance certifications during 
the permit term, to be submitted no less frequently than annually, or 
more frequently if specified by the underlying applicable requirement or 
by the permitting authority; and
    (iv) A statement indicating the source's compliance status with any 
applicable enhanced monitoring and compliance certification requirements 
of the Act.
    (10) The use of nationally-standardized forms for acid rain portions 
of permit applications and compliance plans, as required by regulations 
promulgated under parts 72 through 78 of this chapter.
    (11) Insignificant activities and emissions levels. The following 
types of insignificant activities and emissions

[[Page 267]]

levels need not be included in permit applications. However, for 
insignificant activities which are exempted because of size or 
production rate, a list of such insignificant activities must be 
included in the application. An application may not omit information 
needed to determine the applicability of, or to impose, any applicable 
requirement, or to calculate the fee amount required under the schedule 
established pursuant to Sec. 71.9 of this part.
    (i) Insignificant activities:
    (A) Mobile sources;
    (B) Air-conditioning units used for human comfort that are not 
subject to applicable requirements under title VI of the Act and do not 
exhaust air pollutants into the ambient air from any manufacturing or 
other industrial process;
    (C) Ventilating units used for human comfort that do not exhaust air 
pollutants into the ambient air from any manufacturing or other 
industrial process;
    (D) Heating units used for human comfort that do not provide heat 
for any manufacturing or other industrial process;
    (E) Noncommercial food preparation;
    (F) Consumer use of office equipment and products;
    (G) Janitorial services and consumer use of janitorial products; and
    (H) Internal combustion engines used for landscaping purposes.
    (ii) Insignificant emissions levels. Emissions meeting the criteria 
in paragraph (c)(11)(ii)(A) or (c)(11)(ii)(B) of this section need not 
be included in the application, but must be listed with sufficient 
detail to identify the emission unit and indicate that the exemption 
applies. Similar emission units, including similar capacities or sizes, 
may be listed under a single description, provided the number of 
emission units is included in the description. No additional information 
is required at time of application, but the permitting authority may 
request additional information during application processing.
    (A) Emission criteria for regulated air pollutants, excluding 
hazardous air pollutants (HAP). Potential to emit of regulated air 
pollutants, excluding HAP, for any single emissions unit shall not 
exceed 2 tpy.
    (B) Emission criteria for HAP. Potential to emit of any HAP from any 
single emissions unit shall not exceed 1,000 lb per year or the de 
minimis level established under section 112(g) of the Act, whichever is 
less.
    (d) Any application form, report, or compliance certification 
submitted pursuant to these regulations shall contain certification by a 
responsible official of truth, accuracy, and completeness. This 
certification and any other certification required under this part shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the document are true, 
accurate, and complete.