---
kind: "section"
citation: "40 C.F.R. § 68.215"
title: "40"
number: "68.215"
heading: "Permit content and air permitting authority or designated agency requirements."
url: "https://uscodex.org/cfr/40/68.215"
---

# §68.215. Permit content and air permitting authority or designated agency requirements.

- (a) These requirements apply to any stationary source subject to this part 68 and parts [70](/cfr/40/part70.md) or [71](/cfr/40/part71.md) of this chapter. The [40 CFR part 70](/cfr/40/part70.md) or [part 71](/cfr/40/part71.md) permit for the stationary source shall contain:
  - (1) A statement listing this part as an applicable requirement;
  - (2) **Conditions that require the source owner or operator to submit—**
    - (i) A compliance schedule for meeting the requirements of this part by the dates provided in §§ [68.10(a) through (f)](/cfr/40/68.10.md?p=a..f) and [68.96(a)](/cfr/40/68.96.md?p=a) and [(b)(2)(i)](/cfr/40/68.96.md?p=b-2-i), or;
    - (ii) As part of the compliance certification submitted under [40 CFR 70.6(c)(5)](/cfr/40/70.6.md?p=c-5), a certification statement that the source is in compliance with all requirements of this part, including the registration and submission of the RMP.
- (b) The owner or operator shall submit any additional relevant information requested by the air permitting authority or designated agency.
- (c) For [40 CFR part 70](/cfr/40/part70.md) or [part 71](/cfr/40/part71.md) permits issued prior to the deadline for registering and submitting the RMP and which do not contain permit conditions described in [paragraph (a)](#a) of this section, the owner or operator or air permitting authority shall initiate permit revision or reopening according to the procedures of 40 CFR [70.7](/cfr/40/70.7.md) or [71.7](/cfr/40/71.7.md) to incorporate the terms and conditions consistent with [paragraph (a)](#a) of this section.
- (d) The state may delegate the authority to implement and enforce the requirements of [paragraph (e)](#e) of this section to a state or local agency or agencies other than the air permitting authority. An up-to-date copy of any delegation instrument shall be maintained by the air permitting authority. The state may enter a written agreement with the Administrator under which EPA will implement and enforce the requirements of [paragraph (e)](#e) of this section.
- (e) The air permitting authority or the agency designated by delegation or agreement under [paragraph (d)](#d) of this section shall, at a minimum:
  - (1) Verify that the source owner or operator has registered and submitted an RMP or a revised plan when required by this part;
  - (2) Verify that the source owner or operator has submitted a source certification or in its absence has submitted a compliance schedule consistent with [paragraph (a)(2)](#a-2) of this section;
  - (3) For some or all of the sources subject to this section, use one or more mechanisms such as, but not limited to, a completeness check, source audits, record reviews, or facility inspections to ensure that permitted sources are in compliance with the requirements of this part; and
  - (4) **Initiate enforcement action based on paragraphs (e)(1) and (e)(2) of this section as appropriate.**

## Notes

### Amendments

[61 FR 31728, June 20, 1996, as amended at 84 FR 69916, Dec. 19, 2019]

### Source

Source: 61 FR 31728, June 20, 1996, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

### Source

Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.

### Amendments

[61 FR 31728, June 20, 1996, as amended at 84 FR 69916, Dec. 19, 2019]