
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7661b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                          SUBCHAPTER V--PERMITS
 
Sec. 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 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 before the date on which the source is 
required to submit an application under subsection (c) of this section.

(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, 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.

(July 14, 1955, ch. 360, title V, Sec. 503, as added Pub. L. 101-549, 
title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2641.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7413, 7661a, 7661c of this 
title.
