Title 42The Public Health and WelfareRelease 119-73

§7661c Permit requirements and conditions

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

Last updated Apr 6, 2026|Official source

Summary

Permits must spell out enforceable limits on pollution, a timetable to meet them, and any other conditions needed to follow the law. Permit holders must send the permit office results of required monitoring at least every 6 months. The Administrator can make rules for how to check and measure pollution. Continuous monitors are not always required if other methods give reliable, timely results. Corporate reports must be signed by a responsible company official who certifies they are accurate. A permitting agency can issue general permits for many similar sources after notice and a hearing, but covered sources still must apply under section 7661b. The agency can also issue one permit for the same operation at many temporary sites if the permit ensures compliance with all standards (including ambient, increment, and visibility rules under part C of subchapter I) and requires advance notice of each move; separate fees per location are allowed. Following a permit counts as compliance with section 7661a and may count for other related requirements if the permit includes them or the agency finds those other rules do not apply and notes that decision.

Full Legal Text

Title 42, §7661c

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

(a)Each permit issued under this subchapter shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the permitting authority, no less often than every 6 months, the results of any required monitoring, and such other conditions as are necessary to assure compliance with applicable requirements of this chapter, including the requirements of the applicable implementation plan.
(b)The Administrator may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this chapter, but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timely information for determining compliance. Nothing in this subsection shall be construed to affect any continuous emissions monitoring requirement of subchapter IV–A, or where required elsewhere in this chapter.
(c)Each permit issued under this subchapter shall set forth inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions. Such monitoring and reporting requirements shall conform to any applicable regulation under subsection (b). Any report required to be submitted by a permit issued to a corporation under this subchapter shall be signed by a responsible corporate official, who shall certify its accuracy.
(d)The permitting authority may, after notice and opportunity for public hearing, issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to permits under this subchapter. No source covered by a general permit shall thereby be relieved from the obligation to file an application under section 7661b of this title.
(e)The permitting authority may issue a single permit authorizing emissions from similar operations at multiple temporary locations. No such permit shall be issued unless it includes conditions that will assure compliance with all the requirements of this chapter at all authorized locations, including, but not limited to, ambient standards and compliance with any applicable increment or visibility requirements under part C of subchapter I. Any such permit shall in addition require the owner or operator to notify the permitting authority in advance of each change in location. The permitting authority may require a separate permit fee for operations at each location.
(f)Compliance with a permit issued in accordance with this subchapter shall be deemed compliance with section 7661a of this title. Except as otherwise provided by the Administrator by rule, the permit may also provide that compliance with the permit shall be deemed compliance with other applicable provisions of this chapter that relate to the permittee if—
(1)the permit includes the applicable requirements of such provisions, or
(2)the permitting authority in acting on the permit application makes a determination relating to the permittee that such other provisions (which shall be referred to in such determination) are not applicable and the permit includes the determination or a concise summary thereof.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7661c

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73