---
kind: "section"
citation: "40 C.F.R. § 70.3"
title: "40"
number: "70.3"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/70.3"
---

# §70.3. Applicability.

- (a) **Part 70 sources.** A State program with whole or partial approval under this part must provide for permitting of the following sources:
  - (1) Any major source;
  - (2) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act;
  - (3) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under [section 112(r)](/cfr/40/112.md?p=r) of this Act;
  - (4) Any affected source; and
  - (5) **Any source in a source category designated by the Administrator pursuant to this section.**
- (b) **Source category exemptions.**
  - (1) All sources listed in [paragraph (a)](#a) of this section that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act, may be exempted by the State from the obligation to obtain a [part 70](/cfr/40/part70.md) permit until such time as the Administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in [paragraph (b)(4)](#b-4) of this section.
  - (2) In the case of nonmajor sources subject to a standard or other requirement under either [section 111](/cfr/40/111.md) or section 112 of the Act after July 21, 1992 publication, the Administrator will determine whether to exempt any or all such applicable sources from the requirement to obtain a [part 70](/cfr/40/part70.md) permit at the time that the new standard is promulgated.
  - (3) [Reserved]
  - (4) **The following source categories are exempted from the obligation to obtain a part 70 permit—**
    - (i) All sources and source categories that would be required to obtain a permit solely because they are subject to [part 60](/cfr/40/part60.md), [subpart AAA](/cfr/40/subpartAAA.md)—Standards of Performance for New Residential Wood Heaters; and
    - (ii) All sources and source categories that would be required to obtain a permit solely because they are subject to [part 61](/cfr/40/part61.md), [subpart M](/cfr/40/subpartM.md)—National Emission Standard for Hazardous Air Pollutants for Asbestos, [§ 61.145](/cfr/40/61.145.md), Standard for Demolition and Renovation.
- (c) **Emissions units and part 70 sources.**
  - (1) For major sources, the permitting authority shall include in the permit all applicable requirements for all relevant emissions units in the major source.
  - (2) For any nonmajor source subject to the [part 70](/cfr/40/part70.md) program under paragraph [(a)](#a) or [(b)](#b) of this section, the permitting authority shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the [part 70](/cfr/40/part70.md) program.
- (d) **Fugitive emissions.** Fugitive emissions from a [part 70](/cfr/40/part70.md) source shall be included in the permit application and the [part 70](/cfr/40/part70.md) permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

## Notes

### Amendments

[57 FR 32295, July 21, 1992, as amended at 70 FR 75346, Dec. 19, 2005]

### Authority

Authority: 42 U.S.C. 7401, et seq.

### Source

Source: 57 FR 32295, July 21, 1992, unless otherwise noted.

### Amendments

[57 FR 32295, July 21, 1992, as amended at 70 FR 75346, Dec. 19, 2005]