[Code of Federal Regulations] [Title 40, Volume 13] [Revised as of January 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR71.2] [Page 252-256] 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. 71.2 Definitions. The following definitions apply to part 71. Except as specifically provided in this section, terms used in this part retain the meaning accorded them under the applicable requirements of the Act. Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. Affected source shall have the meaning given to it in 40 CFR 72.2. Affected States are: (1) All States and areas within Indian country subject to a part 70 or part 71 program whose air quality may be affected and that are contiguous to the State or the area within Indian country in which the permit, permit modification, or permit renewal is being proposed; or that are within 50 miles of the permitted source. A Tribe shall be treated in the same manner as a State under this paragraph (1) only if EPA has determined that the Tribe is an eligible Tribe. (2) The State or area within Indian country subject to a part 70 or part 71 program in which a part 71 permit, permit modification, or permit renewal is being proposed. A Tribe shall be treated in the same manner as a State under this paragraph (2) only if EPA has determined that the Tribe is an eligible Tribe. (3) Those areas within the jurisdiction of the air pollution control agency for the area in which a part 71 permit, permit modification, or permit renewal is being proposed. Affected unit shall have the meaning given to it in 40 CFR 72.2. Applicable requirement means all of the following as they apply to emissions units in a part 71 source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future compliance dates): (1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in part 52 of this chapter; (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under title I, including parts C or D, of the Act; (3) Any standard or other requirement under section 111 of the Act, including section 111(d); (4) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act; (5) Any standard or other requirement of the acid rain program under title IV of the Act or 40 CFR parts 72 through 78; (6) Any requirements established pursuant to section 114(a)(3) or 504(b) of the Act; (7) Any standard or other requirement governing solid waste incineration, under section 129 of the Act; (8) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act; (9) Any standard or other requirement for tank vessels, under section 183(f) of the Act; (10) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Act; (11) Any standard or other requirement of the regulations promulgated at 40 CFR part 82 to protect stratospheric ozone under title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a title V permit; and (12) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act. Delegate agency means the State air pollution control agency, local agency, other State agency, Tribal agency, or other agency authorized by the Administrator pursuant to Sec. 71.10 to carry out all or part of a permit program under part 71. Designated representative shall have the meaning given to it in section 402(26) of the Act and 40 CFR 72.2. Draft permit means the version of a permit for which the permitting authority offers public participation [[Page 253]] under Sec. 71.7 or Sec. 71.11 and affected State review under Sec. 71.8. Eligible Indian Tribe or eligible Tribe means a Tribe that has been determined by EPA to meet the criteria for being treated in the same manner as a State, pursuant to the regulations implementing section 301(d)(2) of the Act. Emissions allowable under the permit means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Emissions unit means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. This term is not meant to alter or affect the definition of the term ``unit'' for purposes of title IV of the Act. EPA or the Administrator means the Administrator of the U.S. Environmental Protection Agency (EPA) or his or her designee. Federal Indian reservation, Indian reservation or reservation means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation. Final permit means the version of a part 71 permit issued by the permitting authority that has completed all review procedures required by Sec.Sec. 71.7, 71.8, and 71.11. Fugitive emissions are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. General permit means a part 71 permit that meets the requirements of Sec. 71.6(d). Indian country means: (1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and (3) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. Indian Tribe or Tribe means any Indian Tribe, band, nation, or other organized group or community, including any Alaskan native village, which is federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Major source means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)), belonging to a single major industrial grouping and that are described in paragraph (1), (2), or (3) of this definition. For the purposes of defining ``major source,'' a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. (1) A major source under section 112 of the Act, which is defined as: (i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tpy or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be [[Page 254]] aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or (ii) For radionuclides, ``major source'' shall have the meaning specified by the Administrator by rule. (2) A major stationary source of air pollutants or any group of stationary sources as defined in section 302 of the Act, that directly emits, or has the potential to emit, 100 tpy or more of any air pollutant (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to one of the following categories of stationary source: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants; (xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or (xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act. (3) A major stationary source as defined in part D of title I of the Act, including: (i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as ``marginal'' or ``moderate,'' 50 tpy or more in areas classified as ``serious''; 25 tpy or more in areas classified as ``severe,'' and 10 tpy or more in areas classified as ``extreme''; except that the references in this paragraph (3)(i) to 100, 50, 25, and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under section 182(f) (1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; (ii) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit 50 tpy or more of volatile organic compounds; (iii) For carbon monoxide nonattainment areas: (A) That are classified as ``serious,'' and (B) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and (iv) For particulate matter (PM-10) nonattainment areas classified as ``serious,'' sources with the potential to emit 70 tpy or more of PM-10. Part 70 permit means any permit or group of permits covering a part 70 source that has been issued, renewed, amended or revised pursuant to 40 CFR part 70. [[Page 255]] Part 70 program or State program means a program approved by the Administrator under 40 CFR part 70. Part 70 source means any source subject to the permitting requirements of 40 CFR part 70, as provided in Sec.Sec. 70.3(a) and 70.3(b). Part 71 permit, or permit (unless the context suggests otherwise) means any permit or group of permits covering a part 71 source that has been issued, renewed, amended or revised pursuant to this part. Part 71 program means a Federal operating permits program under this part. Part 71 source means any source subject to the permitting requirements of this part, as provided in Sec.Sec. 71.3(a) and 71.3(b). Permit modification m eans a revision to a part 71 permit that meets the requirements of Sec. 71.7(e). Permit program costs means all reasonable (direct and indirect) costs required to administer an operating permits program, as set forth in Sec. 71.9(b). Permit revision means any permit modification or administrative permit amendment. Permitting authority means one of the following: (1) The Administrator, in the case of EPA-implemented programs; (2) A delegate agency authorized by the Administrator to carry out a Federal permit program under this part; or (3) The State air pollution control agency, local agency, other State agency, Indian Tribe, or other agency authorized by the Administrator to carry out a permit program under 40 CFR part 70. Proposed permit means the version of a permit that the delegate agency proposes to issue and forwards to the Administrator for review in compliance with Sec. 71.10(d). Regulated air pollutant means the following: (1) Nitrogen oxides or any volatile organic compounds; (2) Any pollutant for which a national ambient air quality standard has been promulgated; (3) Any pollutant that is subject to any standard promulgated under section 111 of the Act; (4) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or (5) Any pollutant subject to a standard promulgated under section 112 of the Act or other requirements established under section 112 of the Act, including sections 112 (g), (j), and (r) of the Act, including the following: (i) Any pollutant subject to requirements under section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and (ii) Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to section 112(g)(2) requirements. Regulated pollutant (for fee calculation), which is used only for purposes of Sec. 71.9(c), means any regulated air pollutant except the following: (1) Carbon monoxide; (2) Any pollutant that is a regulated air pollutant solely because it is a Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or (3) Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Act. Renewal means the process by which a permit is reissued at the end of its term. Responsible official means one of the following: (1) For a corporation: a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) the facilities employ more than 250 persons or have gross annual sales [[Page 256]] or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) the delegation of authority to such representative is approved in advance by the permitting authority; (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected sources: (i) The designated representative insofar as actions, standards, requirements, or prohibitions under title IV of the Act or 40 CFR parts 72 through 78 are concerned; and (ii) The designated representative for any other purposes under part 71. Section 502(b)(10) changes are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. State means any non-Federal permitting authority, including any local agency, interstate association, or statewide program. The term ``State'' also includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas Islands. Where such meaning is clear from the context, ``State'' shall have its conventional meaning. For purposes of the acid rain program, the term ``State'' shall be limited to authorities within the 48 contiguous States and the District of Columbia as provided in section 402(14) of the Act. Stationary source means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. [61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999]