Title V Operating Permit Information
Title V was added to the Clean Air Act on November 15, 1990, and introduces an operating permit program. It required EPA to promulgate regulations setting forth provisions under which States would develop operating permit programs and submit them to EPA for approval. EPA proposed regulations to be codified in a new part 70 chapter I of title 40 CFR on May 10, 1991.
While title V generally does not impose substantive new requirements, it does require that fees be imposed on sources and that certain procedural measures be followed, especially with respect to determining compliance with underlying applicable requirements. The program will generally clarify, in a single document, which requirements apply to a source and, thus, should enhance compliance with the requirements of the Clean Air Act.
The title V permit program will enable the source, States, EPA and the public to understand better the requirements to which the source is subject, and whether the source is meeting those requirements. Increased source accountability and better enforcement should result. The program will also greatly strengthen EPA's ability to implement the Act and enhance air quality planning and control, in part, by providing the basis for better emission inventories. Another benefit of the title V permit program is that it provides a ready vehicle for the State to administer significant parts of the Air Toxics Program and the Acid Rain Program.
Finally, an important benefit is that the permit program contained in these regulations will ensure that States have resources necessary to develop and administer the program effectively. In particular, the permit fees provisions of title V will require sources to pay the cost of developing and implementing the permit program. To the extent that fees are based on actual emissions levels, the fees will create an incentive for sources to reduce emissions.
The title V regulations which set forth the requirements which States operating permit programs must meet are located in 40 CFR Part 70. 
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