[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: 40CFR71.3]

[Page 256-257]
 
                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. 71.3  Sources subject to permitting requirements.

    (a) Part 71 sources. The following sources are subject to the 
permitting requirements under this part:
    (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 the 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 are exempted from the obligation to obtain a 
part 71 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 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 
or part 71 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 71 program.

[[Page 257]]

    (4) The following source categories are exempted from the obligation 
to obtain a part 71 permit:
    (i) All sources and source categories that would be required to 
obtain a permit solely because they are subject to 40 CFR 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 40 CFR part 61, 
Subpart M - National Emission Standard for Hazardous Air 
Pollutants for Asbestos, Sec. 61.145, Standard for Demolition 
and Renovation.
    (c) Emissions units and part 71 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 71 program under 
paragraphs (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 71 
program.
    (d) Fugitive emissions. Fugitive emissions from a part 71 source 
shall be included in the permit application and the part 71 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.
    (e) An owner or operator of a source may submit to the Administrator 
a written request for a determination of applicability under this 
section.
    (1) Request content. The request shall be in writing and include 
identification of the source and relevant and appropriate facts about 
the source. The request shall meet the requirements of Sec. 
71.5(d).
    (2) Timing. The request shall be submitted to the Administrator 
prior to the issuance (including renewal) of a permit under this part as 
a final agency action.
    (3) Submission. All submittals under this section shall be made by 
the responsible official to the Regional Administrator for the Region in 
which the source is located.
    (4) Response. The Administrator will issue a written response based 
upon the factual submittal meeting the requirements of paragraph (e)(1) 
of this section.

[61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999]