Title 42The Public Health and WelfareRelease 119-73

§7661b Permit applications

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER V— - PERMITS › § 7661b

Last updated Apr 6, 2026|Official source

Summary

Any source named earlier must get a permit when either a permit program starts for it or when it becomes covered by the earlier rule, whichever happens later. Permit applications must include a compliance plan that explains how the source will meet all the rules. The plan must have a schedule of steps and require progress reports at least every 6 months. Permit holders must also certify at least once a year that they follow the permit and must quickly tell the permitting authority if they break any permit rules. Within 12 months after a source becomes subject to the permit program (or sooner if the permitting authority sets an earlier date), the owner must file the compliance plan and a signed permit application certified by a responsible official. The permitting authority must approve or deny a complete application within 18 months after receiving it. For applications filed in the first full year of a new program, the authority must act on at least one-third of those permits each year for up to 3 years and set reasonable priorities for construction or modification cases. If a timely, complete application is pending, lack of a final permit is not a violation unless the applicant failed to provide requested information. Copies of applications, plans, reports, certifications, and issued permits must be available to the public. Information protected under section 7414(c) of this title may be submitted separately and kept confidential, but the permit’s contents are not protected.

Full Legal Text

Title 42, §7661b

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(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)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)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).
(e)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7661b

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73