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- port 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 gen- eral permit covering numerous similar sources. Any general permit shall comply with all re- quirements applicable to permits under this sub- chapter. No source covered by a general permit shall thereby be relieved from the obligation to file an application under section 7661b of this title. (e) Temporary sources The permitting authority may issue a single permit authorizing emissions from similar oper- ations at multiple temporary locations. No such permit shall be issued unless it includes condi- tions 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 addi- tion require the owner or operator to notify the permitting authority in advance of each change in location. The permitting authority may re- quire a separate permit fee for operations at each location. (f) Permit shield Compliance with a permit issued in accord- ance with this subchapter shall be deemed com- pliance with section 7661a of this title. Except as otherwise provided by the Administrator by rule, the permit may also provide that compli- ance with the permit shall be deemed compli- ance with other applicable provisions of this chapter that relate to the permittee if— (1) the permit includes the applicable re- quirements of such provisions, or (2) the permitting authority in acting on the permit application makes a determination re- lating to the permittee that such other provi- sions (which shall be referred to in such deter- mination) are not applicable and the permit includes the determination or a concise sum- mary thereof. Nothing in the preceding sentence shall alter or affect the provisions of section 7603 of this title, including the authority of the Administrator under that section. (July 14, 1955, ch. 360, title V, § 504, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2642.) § 7661d. Notification to Administrator and contig- uous States (a) Transmission and notice (1) Each permitting authority— (A) shall transmit to the Administrator a copy of each permit application (and any ap- plication for a permit modification or re- newal) or such portion thereof, including any compliance plan, as the Administrator may re- quire to effectively review the application and otherwise to carry out the Administrator’s re- sponsibilities under this chapter, and (B) shall provide to the Administrator a copy of each permit proposed to be issued and issued as a final permit. (2) The permitting authority shall notify all States— (A) whose air quality may be affected and that are contiguous to the State in which the emission originates, or (B) that are within 50 miles of the source, of each permit application or proposed permit forwarded to the Administrator under this sec- tion, and shall provide an opportunity for such States to submit written recommendations re- specting the issuance of the permit and its terms and conditions. If any part of those rec- ommendations are not accepted by the permit- ting authority, such authority shall notify the State submitting the recommendations and the Administrator in writing of its failure to accept those recommendations and the reasons there- for. (b) Objection by EPA (1) If any permit contains provisions that are determined by the Administrator as not in com- pliance with the applicable requirements of this