42 U.S.C. § 7661d : US Code - Section 7661D: Notification to Administrator and contiguous States

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