July 3, 1995

MEMORANDUM

SUBJECT:  Initial Operating Permit Application Compliance 
          Certification Policy

FROM:     Kathie A. Stein, Director /s/
          Air Enforcement Division, OECA (2242A)

          Lydia N. Wegman, Deputy Director /s/
          Office of Air Quality Planning and Standards (MD-10)

TO:       See Addressees


     In response to the inquiries and concerns expressed by
permitting authorities, regulated sources, and other stakeholders
in the title V process, the Office of Air and Radiation (OAR) and
the Office of Enforcement and Compliance Assurance (OECA) have
collaborated on the development of an Environmental Protection
Agency (EPA) policy on a source's compliance certification to
accompany the initial title V permit applications.  The questions
focused principally on the compliance certification requirements
under 40 CFR 70.5(c)(9) and (d).  In an effort to gather more
information, OECA and OAR recently talked with industry
representatives, Regions, and State and local agencies about
their experience with the certification requirement.  This
information was helpful in developing the policy.  

     Sources are required to review current major and minor new
source review permits and other permits containing Federal
requirements, State implementation plans and other documents, and
other Federal requirements in order to determine applicable
requirements for emission units.  The EPA and State and local
permitting authorities may request additional information
concerning a source's emissions as part of the title V
application process.  Companies are not federally required to
reconsider previous applicability determinations as part of their
inquiry in preparing title V permit applications.  However, the
EPA expects companies to rectify past noncompliance as it is
discovered.  Companies remain subject to enforcement actions for
any past noncompliance with requirements to obtain a permit or
meet air pollution control obligations.  In addition, the title V
permit shield is not available for noncompliance with applicable 
requirements that occurred prior to or continues after submission
of the application.   

     We anticipate that implementation of this policy will
simplify the permit application process, while maintaining the
compliance and flexibility benefits that the operating permits
program will provide.  Should you require further information
concerning this policy, please contact Julie Domike of OECA at
(202) 564-6577 or Barrett Parker of OAR at (919) 541-5635.

Addressees:
Director, Air Pesticides, and Toxics Management Division, 
  Regions I & IV
Director, Air and Waste Management Division, Region II
Director, Air, Radiation, and Toxics Division, Region III
Director, Air and Radiation Division, Region V
Director, Air, Pesticides, and Toxics Division, Region VI
Director, Air and Toxics Divisions, Regions VII, VIII, IX, and X

cc:  Alan Eckert
     Steven A. Herman
     Jean C. Nelson
     Mary D. Nichols
     Richard D. Wilson