42 U.S.C. § 7661b — Permit applications
submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 614 words · no verdicts yet
This law tells sources when they must apply for a Clean Air Act permit. Applicants must file a compliance plan and get approval within set deadlines. A late decision doesn't count as a violation if the application was complete and on time.
(a) Applicable date. A source covered by section 7661a(a) must get a permit starting on whichever comes later: the date the permit program takes effect, or the date the source becomes subject to section 7661a(a).
(b) Compliance plan. (1) EPA's regulations must require every permit application to include a compliance plan showing how the source will meet all applicable Clean Air Act requirements. The plan must include a compliance schedule and require progress reports to the permitting authority* at least every 6 months. (2) The regulations must also require the source to certify, at least once a year, that it's complying with its permit, and to promptly report any deviations from its permit's requirements.
(c) Deadline. A source must submit its compliance plan and a signed permit application within 12 months of becoming subject to an approved (or promulgated) program — or sooner, if the permitting authority sets an earlier deadline. A responsible official must certify the application's accuracy. The permitting authority must approve or deny a complete application, and issue or deny the permit, within 18 months of receiving it. For applications filed during a program's first full year, the authority must use a phased schedule that acts on at least one-third of them every year, over no more than 3 years. The authority must set reasonable procedures to prioritize applications tied to construction or modification.
(d) Timely and complete applications. Except for sources that need a permit before they can build or modify, a source that files a timely, complete application isn't violating the law just because a final decision hasn't come yet — unless the delay is the applicant's own fault for not supplying requested information in time. And no source is in violation of section 7661a(a) before its own application deadline under (c) arrives.
(e) Copies; availability. Every permit application, compliance plan (including its compliance schedule), monitoring or compliance report, certification, and issued permit must be available to the public. An applicant or permittee can submit information entitled to protection under section 7414(c) separately, and that section's protections apply to it — but the actual contents of a permit are never protected that way.
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—
the effective date of a permit program or partial or interim permit program applicable to the source; or
the date such source becomes subject to section 7661a(a) of this title.
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 reports to the permitting authority* no less frequently than every 6 months.
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.
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.
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 before the date on which the source is required to submit an application under subsection (c).
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, the applicant or permittee may submit such information separately. The requirements of section 7414(c) of this title shall apply to such information. The contents of a permit shall not be entitled to protection under section 7414(c) of this title.
Source credit: (July 14, 1955, ch. 360, title V, § 503, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2641.)
- 1955Enacted · Pub. L. 101-549 · 104 Stat. 2641
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.
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