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Operating Permits

Part 71 Permits

Implementing Agency – Each EPA Regional Office is responsible for permitting part 71 sources located in their Region – Regional Part 71 Contacts.

Geographical Coverage:

  • In Indian Country (about 110 sources to be permitted as of June 2007)
  • On the Outer Continental Shelf (outside the State waters)
  • In some US Territories (such as Guam, Northern Marianas, Virgin Islands, etc.)
  • When EPA has objected to a part 70 permit and the State does not fix the permit
  • When a part 70 program expires or is withdrawn.

Permitting in Indian Country:

  • Indian Tribes are encouraged, but not required to develop Title V permit programs
  • EPA doesn’t think most Tribes will develop these programs
  • EPA normally runs the part 71 program unless the tribe has been delegated authority to run the part 71 program or they receive approval for a part 70 program.
  • Questions and Answers on title V permitting in Indian Country

Geographical Extent of Indian Country:

Indian Country (as Defined in 40 CFR 71.2) 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;
  • 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
  • All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. This definition parallels the definition of Indian country contained in 18 U.S.C. section 1151 and has been applied extensively by the federal courts.

Regulations - 40 CFR part 71 (Similar, but not identical, to part 70).

Fees - Each part 71 source is required to pay an annual emissions-based fee.  (See Fees page)

Application Forms and Other Forms - See Forms for Part 71

Part 71 Permits in Electronic Formats - Region 10 provides draft and final permits.

Public Involvement in Part 71 Programs - Somewhat different from part 70.  See Public Input

Status of Permit Issuance (including air permits) for Indian Country - EPA's Quarterly Management Report

Guidance - Much of the guidance on part 70 also applies to part 71.

Who has to Obtain a Title V Permit - Parts 70 and 71 are identical in this regard.


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