|
Operating permits are legally enforceable documents that permitting authorities
issue to air pollution sources after the source has begun to operate. This
Web site discusses the kind of operating permit (called a title V operating
permit) that most large sources and some smaller sources of air pollution
are required to obtain. This requirement comes from Title V of the Clean Air Act Amendments of
1990.
Most title V permits are issued by State and local permitting
authorities. These permits are often called part 70 permits because
the regulations that establish minimum standards for State permit programs
are found in the Code of Federal Regulations at 40
CFR part 70. 
However,
the U.S. Environmental Protection Agency (EPA) also issues title V permits
to sources in Indian country and in other situations, as needed. EPA-issued
permits are called part 71 permits.
The purpose of title V permits is to reduce violations of air pollution
laws and improve enforcement of those laws. Title V permits do this by:
- recording in one document all of the air pollution control requirements
that apply to the source. This gives members of the public, regulators,
and the source a clear picture of what the facility is required to do
to keep its air pollution under the legal limits.
- requiring the source to make regular reports on how it is tracking
its emissions of pollution and the controls it is using to limit its emissions.
These reports are public information, and you can get them from the permitting
authority.
- adding monitoring, testing, or record keeping requirements, where
needed to assure that the source complies with its emission limits or
other pollution control requirements.
- requiring the source to certify each year whether or not it has met
the air pollution requirements in its title V permit. These certifications
are public information.
- making the terms of the title V permit federally enforceable. This
means that EPA and the public can enforce the terms of the permit, along
with the State.
Many States were issuing operating permits before title V was enacted.
Some States continue to issue these permits. These State operating permits
are generally less comprehensive than part 70 permits.
Although Tribes may develop part 70 programs and issue part 70 permits,
there are currently no part 70 programs that are administered by Tribes.
For more basic information on title V permits, see Frequently
Asked Questions About Permits.
|
