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

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

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

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Stable record: federal_law:legal_authorities:record_usc_77bb7506a6515e0d431baa1c
Source file: Laws/federal/codes/united-states-code/title-42/section-7661b-permit-applications--29e8526a27.md
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Source location: Title 42, Chapter 85, § 7661b; chapter-085-air-pollution-prevention-and-control.md

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**(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 an application for a permit signed by a responsible official, who shall certify the accuracy of the information submitted. The permitting authority shall approve or disapprove a completed application (consistent with the procedures established under this subchapter for consideration of such applications), and shall issue or deny the permit, within 18 months after the date of receipt thereof, except that the permitting authority shall establish a phased schedule for acting on permit applications submitted within the first full year after the effective date of a permit program (or a partial or interim program). Any such schedule shall assure that at least one-third of such permits will be acted on by such authority annually over a period of not to exceed 3 years after such effective date. Such authority shall establish reasonable procedures to prioritize such approval or disapproval actions in the case of applications for construction or modification under the applicable requirements of this chapter. **(d) Timely and complete applications** Except for sources required to have a permit before construction or modification under the applicable requirements of this chapter, if an applicant has submitted a timely and complete application for a permit required by this subchapter (including renewals), but final action has not been taken on such application, the source’s failure to have a permit shall not be a violation of this chapter, unless the delay in final action was due to the failure of the applicant timely to submit information required or requested to process the application. No source required to have a permit under this subchapter shall be in violation of [section 7661a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a/a&num=0&edition=prelim) before the date on which the source is required to submit an application under subsection (c). **(e) Copies; availability** A copy of each permit application, compliance plan (including the schedule of compliance), emissions or compliance monitoring report, certification, and each permit issued under this subchapter, shall be available to the public. If an applicant or permittee is required to submit information entitled to protection from disclosure under [section 7414(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7414/c&num=0&edition=prelim), the applicant or permittee may submit such information separately. The requirements of [section 7414(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7414/c&num=0&edition=prelim) shall apply to such information. The contents of a permit shall not be entitled to protection under [section 7414(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7414/c&num=0&edition=prelim).

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7661a

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7661c

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

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

Page 7444 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7661b of a permit program, or partial permit program, promulgated by the Administrator shall be the date of promulgation. (i) Administration and enforcement (1) Whenever the Administrator makes a de- termination that a permitting authority is not adequately administering and enforcing a pro- gram, or portion thereof, in accordance with the requirements of this subchapter, the Adminis- trator shall provide notice to the State and may, prior to the expiration of the 18-month pe- riod referred to in paragraph (2), in the Adminis- trator’s discretion, apply any of the sanctions specified in section 7509(b) of this title. (2) Whenever the Administrator makes a de- termination that a permitting authority is not adequately administering and enforcing a pro- gram, or portion thereof, in accordance with the requirements of this subchapter, 18 months after the date of the notice under paragraph (1), the Administrator shall apply the sanctions under section 7509(b) of this title in the same manner and subject to the same deadlines and other con- ditions as are applicable in the case of a deter- mination, disapproval, or finding under section 7509(a) of this title. (3) The sanctions under section 7509(b)(2) of this title shall not apply pursuant to this sub- section in any area unless the failure to ade- quately enforce and administer the program re- lates to an air pollutant for which such area has been designated a nonattainment area. (4) Whenever the Administrator has made a finding under paragraph (1) with respect to any State, unless the State has corrected such defi- ciency within 18 months after the date of such finding, the Administrator shall, 2 years after the date of such finding, promulgate, adm

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7661b

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