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42 U.S.C. § 7661c — Permit requirements and conditions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7661c — Permit requirements and conditions

**(a) Conditions** Each permit issued under this subchapter shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the permitting authority, no less often than every 6 months, the results of any required monitoring, and such other conditions as are necessary to assure compliance with applicable requirements of this chapter, including the requirements of the applicable implementation plan. **(b) Monitoring and analysis** The Administrator may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this chapter, but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timely information for determining compliance. Nothing in this subsection shall be construed to affect any continuous emissions monitoring requirement of subchapter IV–A, or where required elsewhere in this chapter. **(c) Inspection, entry, monitoring, certification, and reporting** Each permit issued under this subchapter shall set forth inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions. Such monitoring and reporting requirements shall conform to any applicable regulation under subsection (b). Any report required to be submitted by a permit issued to a corporation under this subchapter shall be signed by a responsible corporate official, who shall certify its accuracy. **(d) General permits** The permitting authority may, after notice and opportunity for public hearing, issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable t

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Source location: Title 42, Chapter 85, § 7661c; chapter-085-air-pollution-prevention-and-control.md

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**(a) Conditions** Each permit issued under this subchapter shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the permitting authority, no less often than every 6 months, the results of any required monitoring, and such other conditions as are necessary to assure compliance with applicable requirements of this chapter, including the requirements of the applicable implementation plan. **(b) Monitoring and analysis** The Administrator may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this chapter, but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timely information for determining compliance. Nothing in this subsection shall be construed to affect any continuous emissions monitoring requirement of subchapter IV–A, or where required elsewhere in this chapter. **(c) Inspection, entry, monitoring, certification, and reporting** Each permit issued under this subchapter shall set forth inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions. Such monitoring and reporting requirements shall conform to any applicable regulation under subsection (b). Any report required to be submitted by a permit issued to a corporation under this subchapter shall be signed by a responsible corporate official, who shall certify its accuracy. **(d) General permits** The permitting authority may, after notice and opportunity for public hearing, issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to permits under this subchapter. No source covered by a general permit shall thereby be relieved from the obligation to file an application under [section 7661b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661b&num=0&edition=prelim). **(e) Temporary sources** The permitting authority may issue a single permit authorizing emissions from similar operations at multiple temporary locations. No such permit shall be issued unless it includes conditions that will assure compliance with all the requirements of this chapter at all authorized locations, including, but not limited to, ambient standards and compliance with any applicable increment or visibility requirements under part C of subchapter I. Any such permit shall in addition require the owner or operator to notify the permitting authority in advance of each change in location. The permitting authority may require a separate permit fee for operations at each location. **(f) Permit shield** Compliance with a permit issued in accordance with this subchapter shall be deemed compliance with [section 7661a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a&num=0&edition=prelim). Except as otherwise provided by the Administrator by rule, the permit may also provide that compliance with the permit shall be deemed compliance with other applicable provisions of this chapter that relate to the permittee if— (1) the permit includes the applicable requirements of such provisions, or (2) the permitting authority in acting on the permit application makes a determination relating to the permittee that such other provisions (which shall be referred to in such determination) are not applicable and the permit includes the determination or a concise summary thereof. Nothing in the preceding sentence shall alter or affect the provisions of [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7603&num=0&edition=prelim), including the authority of the Administrator under that section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7603 — Emergency powers

Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7661b — Permit applications

**(a) Applicable date** Any source specified in [section 7661a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a/a&num=0&edition=prelim) shall become subject to a permit program, and required to have a permit, on the later of the following dates— (1) the effective date of a permit program or partial or interim permit program applicable to the source; or (2) the date such source becomes subject to [section 7661a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a/a&num=0&edition=prelim). **(b) Compliance plan** (1) The regulations required by [section 7661a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a/b&num=0&edition=prelim) shall include a requirement that the applicant submit with the permit application a compliance plan describing how the source will comply with all applicable requirements under this chapter. The compliance plan shall include a schedule of compliance, and a schedule under which the permittee will submit progress reports to the permitting authority no less frequently than every 6 months. (2) The regulations shall further require the permittee to periodically (but no less frequently than annually) certify that the facility is in compliance with any applicable requirements of the permit, and to promptly report any deviations from permit requirements to the permitting authority. **(c) Deadline** Any person required to have a permit shall, not later than 12 months after the date on which the source becomes subject to a permit program approved or promulgated under this subchapter, or such earlier date as the permitting authority may establish, submit to the permitting authority a compliance plan and a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7661a — Permit programs

**(a) Violations** After the effective date of any permit program approved or promulgated under this subchapter, it shall be unlawful for any person to violate any requirement of a permit issued under this subchapter, or to operate an affected source (as provided in subchapter IV–A), a major source, any other source (including an area source) subject to standards or regulations under section 7411 or 7412 of this title, any other source required to have a permit under parts 11 So in original. Probably should be “part”. C or D of subchapter I, or any other stationary source in a category designated (in whole or in part) by regulations promulgated by the Administrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a permitting authority under this subchapter. (Nothing in this subsection shall be construed to alter the applicable requirements of this chapter that a permit be obtained before construction or modification.) The Administrator may, in the Administrator’s discretion and consistent with the applicable provisions of this chapter, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any major source from such requirements. **(b) Regulations** The Administrator shall promulgate within 12 months after November 15, 1990, regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. These elements shall include each of the following: (1) Requirem

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7661c — Permit requirements and conditions

Page 7445 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7661d of this title shall apply to such information. The contents of a permit shall not be entitled to pro- tection under section 7414(c) of this title. (July 14, 1955, ch. 360, title V, § 503, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2641.) § 7661c. Permit requirements and conditions (a) Conditions Each permit issued under this subchapter shall include enforceable emission limitations and standards, a schedule of compliance, a re- quirement that the permittee submit to the per- mitting authority, no less often than every 6 months, the results of any required monitoring, and such other conditions as are necessary to as- sure compliance with applicable requirements of this chapter, including the requirements of the applicable implementation plan. (b) Monitoring and analysis The Administrator may by rule prescribe pro- cedures and methods for determining compli- ance and for monitoring and analysis of pollut- ants regulated under this chapter, but contin- uous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timely information for determining compliance. Nothing in this sub- section shall be construed to affect any contin- uous emissions monitoring requirement of sub- chapter IV–A, or where required elsewhere in this chapter. (c) Inspection, entry, monitoring, certification, and reporting Each permit issued under this subchapter shall set forth inspection, entry, monitoring, compliance certification, and reporting require- ments to assure compliance with the permit terms and conditions. Such monitoring and re- porting requirements shall conform to any ap- plicable regulation under subsection (b). Any re

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