40 CFR 70: EPA Title V Operating Permits

Regulatory citation: 40 CFR Part 70, State Operating Permit Programs (Clean Air Act Title V)

What Are Title V Operating Permits?

Title V of the Clean Air Act requires major sources of air pollution, and certain other sources, to hold an operating permit that gathers all of their applicable air requirements in one document. 40 CFR Part 70 sets the minimum requirements for state permit programs. Most facilities apply to their state or local air agency, which issues the permit under an EPA-approved program.

A source is major if it emits or has the potential to emit 10 tons per year or more of any single hazardous air pollutant, 25 tons per year or more of combined hazardous air pollutants, or 100 tons per year or more of any regulated air pollutant. Lower thresholds apply in some nonattainment areas.

Why Title V Matters

The Title V permit is the main enforceable record of a facility's air obligations. It also requires a responsible official to certify compliance regularly, which makes accurate monitoring and reporting essential.

Core Requirements

1. Determine Whether You Need a Permit (70.3)

Permits are required for major sources, for sources subject to a New Source Performance Standard or a NESHAP unless exempted, for affected sources under the acid rain program and for other designated categories. States may defer nonmajor sources. Sources subject only to the residential wood heater rule or the asbestos demolition and renovation rule are permanently exempt.

2. Apply on Time (70.5(a)(1))

A new Part 70 source must submit a complete application within 12 months after becoming subject to the program, or earlier if the permitting authority requires. Renewal applications are due at least 6 months before the permit expires. A permitting authority may require a longer lead time, up to 18 months.

3. Submit a Complete, Certified Application (70.5(c)–(d))

The application must describe processes, emissions of all regulated pollutants in tons per year, control equipment, applicable requirements and test methods. It must include a compliance plan and a compliance certification. A responsible official must certify that the application is true, accurate and complete based on information and belief formed after reasonable inquiry. If an error or omission is found, it must be corrected promptly.

4. Rely on the Application Shield (70.7(b))

If a source submits a timely and complete application, operating without a permit is not a violation until the permitting authority takes final action. The shield is lost if the source misses a deadline for additional information the authority requests.

5. Follow Permit Terms and Conditions (70.6(a))

Permits run for a fixed term of no more than 5 years. They contain emission limits, operating requirements, monitoring, recordkeeping and reporting conditions. Monitoring data and support information must be kept for at least 5 years. Each permit also states that the need to halt or reduce activity to comply is not a defense in an enforcement action. Section 70.6(g) provides an emergency affirmative defense for exceedances of technology-based limits caused by sudden, unforeseeable events beyond the source's control, if the source can document the emergency and gives notice to the permitting authority within 2 working days.

6. Report Monitoring and Deviations (70.6(a)(3)(iii))

Reports of required monitoring must be submitted at least every 6 months. Deviations from permit requirements must be reported promptly. Required reports must be certified by a responsible official.

7. Certify Compliance at Least Annually (70.6(c)(5))

The source must submit a compliance certification for all permit terms and conditions at least once a year, or more often if the permit requires. Permits also allow the permitting authority to inspect the facility and its records.

8. Modify and Renew Through the Right Process (70.7)

Small changes such as typo corrections or name changes can be made by administrative amendment. Other changes require a minor or significant permit modification. Significant modifications and renewals go through public comment of at least 30 days and EPA review. A permit expires if a timely and complete renewal application was not submitted.

Common Compliance Approaches

Build a Permit Compliance Calendar

List every monitoring, recordkeeping and reporting condition with its due date, including semiannual reports and the annual certification.

Review Changes Before They Happen

Require environmental review of new equipment, fuel changes and process changes so permit revisions are filed on time.

Run a Pre-Certification Audit

Check monitoring data and deviation logs before the responsible official signs each certification.

Example: Title V Compliance in Practice

A paper mill with potential VOC emissions above 100 tons per year holds a Title V permit from its state agency. The environmental manager tracks more than 200 permit conditions in a calendar. Semiannual monitoring reports and the annual compliance certification are signed by the plant manager as responsible official. When a scrubber bypass occurs, the deviation is reported promptly. Eight months before the permit expires, the mill submits its renewal application.

Related regulations: EPA General Duty Clause, EPA Risk Management Program, EPA Area Source Boilers (6J).

Note: EPA removed the emergency affirmative defense in 70.6(g) in 2023, but the D.C. Circuit reversed that rule in September 2025, and EPA restored 70.6(g) effective June 1, 2026. Whether the defense appears in your permit depends on your state program and permit terms. Part 70 sets minimum requirements for state and local programs, which may be more stringent and set their own fees, forms and deadlines. Always check the current regulation text and the rules of your permitting authority.

Frequently Asked Questions

Who needs a Title V permit?

Major sources, generally those with potential emissions of 100 tons per year of a regulated pollutant, 10 tons per year of a single HAP or 25 tons per year of combined HAP, plus certain other sources listed in 40 CFR 70.3.

How long is a Title V permit valid?

Permits have a fixed term of no more than 5 years. Renewal applications are due at least 6 months before expiration, or earlier if the permitting authority requires, up to 18 months.

How often must Title V sources report?

Monitoring reports are due at least every 6 months, deviations must be reported promptly and a compliance certification is required at least annually.