Federal Operating Permit Regulations (40 CFR part 71)

Instruction Manual

OMB No. 2060-0336, Approval Expires 06/30/2010

Federal Operating Permit Program (40 CFR Part 71)

INSTRUCTION MANUAL FOR PART 71 FORMS

Who Must Apply for an Operating Permit under Part 71

This manual is designed to help part 71 sources apply for part 71 permits. Please refer to 40 CFR 71.3 for detailed information on which sources are subject to these requirements. These forms can be used to apply for the initial operating permit, renewals, and permit revisions for Part 71 sources and, in certain cases, revisions or re-openings to part 70 permits.

Where to File the Application Forms

The completed applications or reporting forms should be mailed to the EPA regional office responsible for permitting in the area where you are located. When a State, tribe or other permitting agency has been delegated the part 71 program, your application should be mailed to that agency. Note that certain fee-related information is mailed to a separate location.

When to File the Application Forms

A part 71 source applying for the first time is generally required to submit an application within 12 months of the effective date of the part 71 permitting program or within 12 months of the source commencing operation, whichever occurs later. If you already have a part 70 permit, you do not have to apply for a part 71 permit until the part 70 permit expires. If you are renewing a part 71 permit, the application must be submitted within the timeframe required in the existing permit. Certain part 71 forms are for reporting information during the permit term; the permit will specify when these reports should be submitted.

Information Collection Burden Estimate

The public reporting and recordkeeping burden for this collection of information is estimated to average 221 hours per respondent per year. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

Contact Information for EPA Regional Offices

The permitting authority for part 71is normally the EPA regional office, but program administration may be delegated to a tribal, State, or local agency. If you have any questions about the forms or who is administering the program, please contact the following EPA regions:

REGION I Part 71 Permit Contact Air Management Division U.S. Environmental Protection Agency One Congress Street, Suite 1100 (CAP) Boston, Massachusetts, 02114-2023 Phone: (617) 918-1653 [Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont]	REGION VI Part 71 Permit Contact, Air, Pesticides and Toxics Division, MC 6PD-R U.S. Environmental Protection Agency 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 Phone: (214) 655-7250 [Arkansas, Louisiana, New Mexico, Oklahoma, and Texas]
REGION II Part 71 Permitting Contact Air Programs Branch U.S. Environmental Protection Agency 290 Broadway New York, New York 10007-1866 Phone: (212) 637-4023 [New Jersey, New York, Puerto Rico & Virgin Is.]	REGION VII Air, RCRA, and Toxics Division Air Permitting and Compliance Branch Mail Code: ARDAPCO 726 Minnesota Ave. Kansas City, KS 66101 Phone: (913) 551-7622 [Iowa, Kansas, Missouri, and Nebraska]
REGION III Part 71 Permit Contact Air Protection Division (3AP11) U.S. Environmental Protection Agency 1650 Arch Street, Philadelphia, Pennsylvania 19103 Phone: (215) 814-2196 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia	REGION VIII Part 71 Permit Contact U.S. Environmental Protection Agency, Air and Radiation Program, 8P-AR 1595 Wynkoop Street Denver, Colorado 80202 Phone: (303) 312-6312 Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
REGION IV Chief, Air Permits Section, Air Planning Branch, APTMD, U.S. Environmental Protection Agency 61 Forsyth Street S.W. Atlanta, Georgia 30303 Phone: (404)-562-9019 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee	REGION IX Permits Office, Air Division, Mail Code: AIR-3 U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105 Phone: (415) 972-3973 Arizona, California, Hawaii, Nevada, Guam, and American Samoa, and the Northern Mariana Islands
REGION V Air Programs Branch, Air and Radiation Division, U.S. Environmental Protection Agency 77 West Jackson Boulevard (AR-18J) Chicago, Illinois 60604-3507 Phone: (312) 886-0671 Illinois, Indiana, Minnesota, Ohio, and Wisconsin	REGION X Part 71 Permit Contact, Office of Air , Waste and Toxics (M/S AWT-107) U.S. Environmental Protection Agency 1200 Sixth Avenue Seattle, Washington 98101 Phone: (206) 553-4273 Alaska, Idaho, Oregon, and Washington

Payment of Fees

Part 71 sources are required to pay emissions-based fees when they initially apply and then subsequently on an annual basis. In addition, part 71 fees may be suspended where a part 71 program is fully delegated. Also, note that late fee payment or partial payment is subject to penalties and interest.

Information Made Available to the Public and Confidential Treatment of Information

Information contained in the permit application will, upon request, be made available to the public for inspection and copying. If sources wish to request confidential treatment for business information, such information should be submitted separately to the permitting authority along with a claim of confidentiality as provided in 40 CFR part 2, subpart B. The Applicants may be required by any delegate agency to provide a copy of the permit application directly to the EPA Regional office. All business confidentiality claims will be processed by the permitting authority following the procedures found in 40 CFR part 2.

Record Retention

Applicants must retain records, materials, worksheets, or other support material used in the preparation of any required forms for a period of at least 5 years from the date the information is submitted to EPA.

Guide to Application Forms:

Initial Application Forms (Used to Initially Apply for a Permit or for a Renewal)

EPA Form # Form Name

5900-07	Instruction Manual for Part 71 Forms
5900-08	GIS, General Information and Summary
5900-09	EUD-1, Emissions Unit Description for Fuel Combustion Sources
5900-10	EUD-2, Emissions Unit Description for VOC Emitting Sources
5900-11	EUD-3, Emissions Unit Description for Process Sources
5900-12	IE, Insignificant Emissions
5900-13	EMISS, Emissions Calculations
5900-14	PTE, Potential to Emit Summary
5900-03	FEE, Fee Calculation Worksheet
5900-06	FF, Fee Filing Form
5900-15	I-COMP, Initial Compliance Plan and Compliance Certification
5900-02	CTAC, Certification of Truth, Accuracy, and Completeness

Reporting Forms (Periodic Reports Required by Permits)

EPA Form # Form Name

5900-01	SIXMON, Six-Month Monitoring Report
5900-02	CTAC, Certification of Truth, Accuracy, and Completeness*
5900-03	FEE, Fee Calculation Worksheet *
5900-06	FF, Fee Filing Form
5900-04	A-COMP, Annual Compliance Certification
5900-05	PDR, Prompt Deviation Report

Updates and Corrections to Applications and Requests for Additional Information

Sources must update their application after it is submitted up to the release of the draft permit to address any applicable requirements that become subject to them during this period. At any time after the application is administratively complete, the permitting authority may request additional information in writing, giving a reasonable time for response. It is also the responsibility of applicants who fail to submit relevant facts or submit incorrect information in an application to promptly submit supplementary facts or corrected information.

Cross-Referencing of Information Already Provided Allowed

If you have previously submitted information to EPA or to an approved State agency that is required to be submitted in these application forms, you may either repeat the information in the space provided or cross-reference the relevant materials or documents. Cross-referencing is allowed for materials that are currently applicable and available to the public and the permitting authority. If the materials do not meet this standard they must be submitted as an attachment to the form. All cross-referenced materials will be placed in the public docket on the permit action, unless they are published and/or readily available.

Use of Attachments

Attachments may be used by applicants to report any information asked for in a form. When you use an attachment, please cross-reference it on the form.

Use of “Not Applicable”

To indicate that each section has been considered, enter "NA" for "not applicable" or indicate that it is applicable but the information will be submitted at a later date and indicate the date it will be submitted (either in the space provided or on an attachment).

Specific Instructions for Each Form (attached to each form).

For More Information (go to http://www.epa.gov/oar/oaqps/permits/part71.html)

Form 5900-07

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