
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: 42USC7661d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                          SUBCHAPTER V--PERMITS
 
Sec. 7661d. Notification to Administrator and contiguous States


(a) Transmission and notice

    (1) Each permitting authority--
        (A) shall transmit to the Administrator a copy of each permit 
    application (and any application for a permit modification or 
    renewal) or such portion thereof, including any compliance plan, as 
    the Administrator may require to effectively review the application 
    and otherwise to carry out the Administrator's responsibilities 
    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 section, and shall provide an opportunity for 
such States to submit written recommendations respecting the issuance of 
the permit and its terms and conditions. If any part of those 
recommendations are not accepted by the permitting 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 therefor.

(b) Objection by EPA

    (1) If any permit contains provisions that are determined by the 
Administrator as not in compliance with the applicable requirements of 
this chapter, including the requirements of an applicable implementation 
plan, the Administrator shall, in accordance with this subsection, 
object to its issuance. The permitting authority shall respond in 
writing if the Administrator (A) within 45 days after receiving a copy 
of the proposed permit under subsection (a)(1) of this section, or (B) 
within 45 days after receiving notification under subsection (a)(2) of 
this section, objects in writing to its issuance as not in compliance 
with such requirements. With the objection, the Administrator shall 
provide a statement of the reasons for the objection. A copy of the 
objection and statement shall be provided to the applicant.
    (2) If the Administrator does not object in writing to the issuance 
of a permit pursuant to paragraph (1), any person may petition the 
Administrator within 60 days after the expiration of the 45-day review 
period specified in paragraph (1) to take such action. A copy of such 
petition shall be provided to the permitting authority and the applicant 
by the petitioner. The petition shall be based only on objections to the 
permit that were raised with reasonable specificity during the public 
comment period provided by the permitting agency (unless the petitioner 
demonstrates in the petition to the Administrator that it was 
impracticable to raise such objections within such period or unless the 
grounds for such objection arose after such period). The petition shall 
identify all such objections. If the permit has been issued by the 
permitting agency, such petition shall not postpone the effectiveness of 
the permit. The Administrator shall grant or deny such petition within 
60 days after the petition is filed. The Administrator shall issue an 
objection within such period if the petitioner demonstrates to the 
Administrator that the permit is not in compliance with the requirements 
of this chapter, including the requirements of the applicable 
implementation plan. Any denial of such petition shall be subject to 
judicial review under section 7607 of this title. The Administrator 
shall include in regulations under this subchapter provisions to 
implement this paragraph. The Administrator may not delegate the 
requirements of this paragraph.
    (3) Upon receipt of an objection by the Administrator under this 
subsection, the permitting authority may not issue the permit unless it 
is revised and issued in accordance with subsection (c) of this section. 
If the permitting authority has issued a permit prior to receipt of an 
objection by the Administrator under paragraph (2) of this subsection, 
the Administrator shall modify, terminate, or revoke such permit and the 
permitting authority may thereafter only issue a revised permit in 
accordance with subsection (c) of this section.

(c) Issuance or denial

    If the permitting authority fails, within 90 days after the date of 
an objection under subsection (b) of this section, to submit a permit 
revised to meet the objection, the Administrator shall issue or deny the 
permit in accordance with the requirements of this subchapter. No 
objection shall be subject to judicial review until the Administrator 
takes final action to issue or deny a permit under this subsection.

(d) Waiver of notification requirements

    (1) The Administrator may waive the requirements of subsections (a) 
and (b) of this section at the time of approval of a permit program 
under this subchapter for any category (including any class, type, or 
size within such category) of sources covered by the program other than 
major sources.
    (2) The Administrator may, by regulation, establish categories of 
sources (including any class, type, or size within such category) to 
which the requirements of subsections (a) and (b) of this section shall 
not apply. The preceding sentence shall not apply to major sources.
    (3) The Administrator may exclude from any waiver under this 
subsection notification under subsection (a)(2) of this section. Any 
waiver granted under this subsection may be revoked or modified by the 
Administrator by rule.

(e) Refusal of permitting authority to terminate, modify, or revoke and 
        reissue

    If the Administrator finds that cause exists to terminate, modify, 
or revoke and reissue a permit under this subchapter, the Administrator 
shall notify the permitting authority and the source of the 
Administrator's finding. The permitting authority shall, within 90 days 
after receipt of such notification, forward to the Administrator under 
this section a proposed determination of termination, modification, or 
revocation and reissuance, as appropriate. The Administrator may extend 
such 90 day period for an additional 90 days if the Administrator finds 
that a new or revised permit application is necessary, or that the 
permitting authority must require the permittee to submit additional 
information. The Administrator may review such proposed determination 
under the provisions of subsections (a) and (b) of this section. If the 
permitting authority fails to submit the required proposed 
determination, or if the Administrator objects and the permitting 
authority fails to resolve the objection within 90 days, the 
Administrator may, after notice and in accordance with fair and 
reasonable procedures, terminate, modify, or revoke and reissue the 
permit.

(July 14, 1955, ch. 360, title V, Sec. 505, as added Pub. L. 101-549, 
title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2643.)

                  Section Referred to in Other Sections

    This section is referred to in section 7412 of this title.
