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, admin- ister, and enforce a program under this sub- chapter for that State. Nothing in this para- graph shall be construed to affect the validity of a program which has been approved under this subchapter or the authority of any permitting authority acting under such program until such time as such program is promulgated by the Ad- ministrator under this paragraph. (July 14, 1955, ch. 360, title V, § 502, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2635.) § 7661b. Permit applications (a) Applicable date Any source specified in section 7661a(a) of this title 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. (b) Compliance plan (1) The regulations required by section 7661a(b) of this title 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 re- ports to the permitting authority no less fre- quently 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 devi- ations from permit requirements to the permit- ting 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 author- ity a compliance plan and an application for a permit signed by a responsible official, who shall certify the accuracy of the information sub- mitted. The permitting authority shall approve or disapprove a completed application (con- sistent with the procedures established under this subchapter for consideration of such appli- cations), and shall issue or deny the permit, within 18 months after the date of receipt there- of, 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 sched- ule shall assure that at least one-third of such permits will be acted on by such authority annu- ally over a period of not to exceed 3 years after such effective date. Such authority shall estab- lish reasonable procedures to prioritize such ap- proval or disapproval actions in the case of ap- plications for construction or modification under the applicable requirements of this chap- ter. (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 ap- plicant has submitted a timely and complete ap- plication for a permit required by this sub- chapter (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 appli- cant 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 before the date on which the source is re- quired to submit an application under sub- section (c). (e) Copies; availability A copy of each permit application, compliance plan (including the schedule of compliance), emissions or compliance monitoring report, cer- tification, 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 disclo- sure under section 7414(c) of this title, the appli- cant or permittee may submit such information separately. The requirements of section 7414(c) 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