Minds → Environmental Compliance → Which facilities need a Clean Air Act operating permit? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

US Federal

Which facilities need a Clean Air Act operating permit? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under 40 CFR 70.3(a), a State operating permit program with whole or partial approval must provide for permitting of: (1) any major source; (2) any source subject to a standard, limitation, or other requirement under section 111 of the Clean Air Act; (3) any source subject to a standard or requirement under section 112 of the Act (except section 112(r)); (4) any affected source; and (5) any source in a category designated by the Administrator. Solid waste incineration units under section 129(e) are also Part 70 sources and cannot be exempted as nonmajor sources.

Last verified: 2026-08-27 · Sources checked: 1/1 resolving · Next scheduled review: 2026-11-25

Details / How it works

Section 70.3(a) of 40 CFR Part 70 lists five categories of Part 70 sources that a State program (with whole or partial approval) must provide for permitting. A source becomes a Part 70 source if it is a major source, an affected source, a solid waste incineration unit required to obtain a permit under section 129(e) of the Act, a source subject to section 111 or section 112 standards (other than section 112(r) alone), or a source in an Administrator-designated category.

Numbers & thresholds

Trigger	Permit Required?	Notes
Major source	Yes	Defined elsewhere in Part 70
Subject to section 111 standard	Yes	Includes area sources
Subject to section 112 standard	Yes	Excludes section 112(r) alone
Affected source	Yes	As defined in the Act
Source in Administrator-designated category	Yes	Per § 70.3(a)(5)
Solid waste incineration unit under section 129(e)	Yes	Cannot be exempted as nonmajor

Exceptions & edge cases

Under § 70.3(b)(1), nonmajor Part 70 sources may be exempted by the State until the Administrator completes a rulemaking on structuring the program for nonmajor sources. However, solid waste incineration units subject to section 129(e) and affected sources are excluded from this nonmajor exemption. Under § 70.3(b)(4), sources subject only to Part 60, Subpart AAA (residential wood heaters) or Part 61, Subpart M § 61.145 (asbestos demolition/renovation) are categorically exempted.

Sources

[1]U.S. Government Publishing Office / Environmental Protection Agency — 40 CFR 70.3 — State operating permit programs — applicability under the Clean Air Act · as of 2026-08-27

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