42 U.S.C. § 7661b : US Code - Section 7661B: Permit applications

Search 42 U.S.C. § 7661b : US Code - Section 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.