Frequent Questions

Do CAA Title 5 permitting requirements apply to both area and major sources subject to the Phase 1 HWC NESHAP?

Yes. Since both area and major sources are subject to the Phase 1 HWC NESHAP, they are also subject to Title 5 permitting requirements. See 40 CFR §63.1200(a)(2). Our decision to require Title 5 permits for both area and major sources is consistent with the scope of the Title 5 program as presented in the 40 CFR part 70 implementing regulations. Section 70.3(a) lists the sources that are subject to Title 5 permitting. This includes major sources (section 70.3(a)(1)) and "any source, including an area source, subject to a standard or other requirement under section 112 of the Act ..."(section 70.3(a)(3)). Further, section 70.3(b)(2) states that the decision to subject non-major sources to Title 5 permitting is to be made when a section 112 standard is promulgated: "In the case of non-major 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 permit at the time that the new standard is promulgated". We chose not to provide an exemption or a deferral from Title 5 permitting for any sources subject to the Phase 1 HWC MACT standards under section 112.
 
For more information, see the section entitled "C. Is Title 5 Permitting Applicable to Area Sources?" in the preamble to the final rule at 64 FR 52979, September 30, 1999. See also the Title 5 Operating Permits Fact Sheet (PDF, 379 KB).

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