§7661b Permit Applications

Summary

Sources must get a permit when either a permit program starts for them or when they become covered by the law, whichever comes later. Anyone applying must send a compliance plan with the permit application that explains how the source will meet all rules. The plan must include a schedule to come into compliance and progress reports at least every 6 months. The permit holder must also certify at least once a year that it meets permit terms and must quickly report any violations. The permit application must be sent within 12 months after the source becomes subject to the permit program (or sooner if the permit agency sets an earlier date) and must be signed by a responsible official who certifies the information. The permit agency must approve or deny a complete application within 18 months of receiving it. For applications filed in the program’s first full year, the agency will use a phased schedule so that at least one-third of those permits are decided each year over no more than 3 years. If an applicant filed a timely and complete application (except when a permit is required before construction or change), the source is not in violation for waiting on the permit unless the delay was caused by the applicant not giving requested information. Copies of permit applications, compliance plans and schedules, monitoring reports, certifications, and issued permits must be available to the public. Information allowed to stay confidential under the law can be sent separately and will be protected, but the contents of a permit are not confidential.