U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER V— PERMITS

42 U.S.C. § 7661b

Permit applications

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(a) Applicable dateAny 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).

(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.

(July 14, 1955, ch. 360, title V, § 503, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2641.)
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2004–2025 · leading case: Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738 (9th Cir. 2008).
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Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738 (9th Cir. 2008). · cites it 2× “" 42 U.S.C. § 7661b(c). See also 40 C.F.R. § 70.”
Sierra Club v. Envtl. Prot. Agency, 926 F.3d 844 (D.C. Cir. 2019). “Because the Order denying the petition for objection is neither a nationally applicable regulation nor determined by the Administrator to have nationwide scope or effect, venue is not proper in this court. Accordingly, we must dismiss the petition for review.”
New York Pub. Interest Rsch. Grp., Inc. v. Stephen L. Johnson, 427 F.3d 172 (2d Cir. 2005). “42 U.S.C. § 7661b(b)(2); see 40 C.F.R. § 70.”
United States v. EME Homer City Generation, L.P, 727 F.3d 274 (3d Cir. 2013). “” 42 U.S.C. § 7661b(b)(l). Again, the fact that Congress chose to include this complete-application requirement but did not include the failure to satisfy that requirement as a violation of Title V must be presumed deliberate: In short, Congress’s decision not to authorize…”
Millennium Pipeline Co. v. Basil Seggos, 860 F.3d 696 (D.C. Cir. 2017). “We held that the agency had failed to justify its refusal to act on the application, and, pursuant to section 19(d)(3), we remanded to the agency with instructions to complete the permitting process within a reasonable timeframe.”
Little v. Louisville Gas & Elec. Co., 33 F. Supp. 3d 791 (W.D. Ky. 2014). “” 42 U.S.C. § 7661b(d). LG & E and PPL argue that the Court should thus dismiss the Plaintiffs’ claims as deficient.”
Ohio Pub. Interest Rsch. Grp., Inc. v. Whitman, 386 F.3d 792 (6th Cir. 2004). “6 (a)(iii)(B); (2) the OEPA’s failure to issue all initial Title V operating permits within the three-year time period following its final approval by the EPA to administer its Title V program, § 42 U.S.C. § 7661b(c); (3) the OEPA’s failure to prepare a lawful “statement of…”
Athletics Inv. Grp., LLC v. Schnitzer Steel Indus., Inc., No. 3:21-cv-05246 (N.D. Cal. Sept. 22, 2025). · cites it 3× “See BAAQMD Rule 2-6-404 (providing "initial application for a major facility 13 review permit" must be submitted "within 12 months after the facility becomes subject to 14 BAAQMD's permit program"); see also 42 U.S.C. § 7661b(c) (providing "[a]ny person 15 required to have a…”
Tennessee Gas Pipeline Co. v. Paul, 692 F. App'x 3 (D.C. Cir. 2017). “” 42 U.S.C. § 7661b(c). That deadline has come and gone, and Tennessee Gas remains unable to break ground on its compressor station.”
Mirant Potomac River, LLC v. Commonwealth of Virginia, No. 2067082 (Va. Ct. App. June 23, 2009). “§ 7661a, which requires each source to submit a permit application accompanied by a compliance plan, 42 U.S.C. § 7661b. 5 The permit specifies compliance provided by an emission allocation and transfer system.”
Romoland Sch. Dist v. Inland, No. 06-56632 (9th Cir. Nov. 17, 2008). “” 42 U.S.C. § 7661b(c). See also 40 C.F.R. § 70.”
United States v. Louisiana Generating, LLC, 938 F. Supp. 2d 615 (M.D. La. 2011). “The Court finds the language of 42 U.S.C. § 7661b(b)(l) require the source to, in its permit application, submit a plan to comply with “all applicable requirements under this chapter.”
42 U.S.C. § 7661b(b)(2): 1 case
New York Pub. Interest Rsch. Grp., Inc. v. Stephen L. Johnson, 427 F.3d 172 (2d Cir. 2005). “42 U.S.C. § 7661b(b)(2); see 40 C.F.R. § 70.”
42 U.S.C. § 7661b(b)(l): 2 cases
United States v. EME Homer City Generation, L.P, 727 F.3d 274 (3d Cir. 2013). “” 42 U.S.C. § 7661b(b)(l). Again, the fact that Congress chose to include this complete-application requirement but did not include the failure to satisfy that requirement as a violation of Title V must be presumed deliberate: In short, Congress’s decision not to authorize…”
United States v. Louisiana Generating, LLC, 938 F. Supp. 2d 615 (M.D. La. 2011). “The Court finds the language of 42 U.S.C. § 7661b(b)(l) require the source to, in its permit application, submit a plan to comply with “all applicable requirements under this chapter.”
42 U.S.C. § 7661b(c): 6 cases
Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738 (9th Cir. 2008). “" 42 U.S.C. § 7661b(c). See also 40 C.F.R. § 70.”
Millennium Pipeline Co. v. Basil Seggos, 860 F.3d 696 (D.C. Cir. 2017). “We held that the agency had failed to justify its refusal to act on the application, and, pursuant to section 19(d)(3), we remanded to the agency with instructions to complete the permitting process within a reasonable timeframe.”
Ohio Pub. Interest Rsch. Grp., Inc. v. Whitman, 386 F.3d 792 (6th Cir. 2004). “6 (a)(iii)(B); (2) the OEPA’s failure to issue all initial Title V operating permits within the three-year time period following its final approval by the EPA to administer its Title V program, § 42 U.S.C. § 7661b(c); (3) the OEPA’s failure to prepare a lawful “statement of…”
Tennessee Gas Pipeline Co. v. Paul, 692 F. App'x 3 (D.C. Cir. 2017). “” 42 U.S.C. § 7661b(c). That deadline has come and gone, and Tennessee Gas remains unable to break ground on its compressor station.”
Athletics Inv. Grp., LLC v. Schnitzer Steel Indus., Inc., No. 3:21-cv-05246 (N.D. Cal. Sept. 22, 2025). “See BAAQMD Rule 2-6-404 (providing "initial application for a major facility 13 review permit" must be submitted "within 12 months after the facility becomes subject to 14 BAAQMD's permit program"); see also 42 U.S.C. § 7661b(c) (providing "[a]ny person 15 required to have a…”
42 U.S.C. § 7661b(d): 2 cases
Little v. Louisville Gas & Elec. Co., 33 F. Supp. 3d 791 (W.D. Ky. 2014). “” 42 U.S.C. § 7661b(d). LG & E and PPL argue that the Court should thus dismiss the Plaintiffs’ claims as deficient.”
Athletics Inv. Grp., LLC v. Schnitzer Steel Indus., Inc., No. 3:21-cv-05246 (N.D. Cal. Sept. 22, 2025). “See BAAQMD Rule 2-6-404 (providing "initial application for a major facility 13 review permit" must be submitted "within 12 months after the facility becomes subject to 14 BAAQMD's permit program"); see also 42 U.S.C. § 7661b(c) (providing "[a]ny person 15 required to have a…”
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