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

42 U.S.C. § 7661c

Permit requirements and conditions

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(a) Conditions

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) Monitoring and analysis

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) Inspection, entry, monitoring, certification, and reporting

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) General permits

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) Temporary sources

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) Permit shieldCompliance 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.Nothing in the preceding sentence shall alter or affect the provisions of section 7603 of this title, including the authority of the Administrator under that section.(July 14, 1955, ch. 360, title V, § 504, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2642.)
Notes of Decisions
Cited in 48 cases (5 in the last 5 years), 1999–2026 · leading case: Sierra Club v. Environmental Protection Agency
Sort: Relevance Newest Treatment
Sierra Club v. Environmental Protection Agency (2008) cadc · cites it 13× “42 U.S.C. § 7661c(b). EPA declined such an undertaking.”
The Sierra Club v. Stephen L. Johnson (2006) ca11 · cites it 6× “42 U.S.C. § 7661c(a) (emphasis added). The statute does not define “results,” which leads to the question: what does “submit .”
Romoland School District v. Inland Empire Energy Center, LLC (2008) ca9 · cites it 3× “" 42 U.S.C. § 7661c(a). Rather than imposing an additional set of requirements on pollution sources, this permitting scheme was intended to "incorporate the requirements of the Act (including SIP requirements) that are[already] applicable to the source.”
United States Sugar Corp. v. Environmental Protection Agency (2016) cadc “The EPA also concluded that thirty-day rolling average violations will occur almost as frequently as violations of shorter rolling-average periods. Id. The CAA vests the EPA with authority to “prescribe procedures and methods for determining compliance and for monitoring and…”
Sierra Club v. Otter Tail Power Co. (2010) ca8 · cites it 2× “It contends first that EPA took no action with respect to the 2001 modifications that could have been subject to judicial review, and thus § 7607(b)(2) does not apply. Second, it argues that the district court’s dismissal of the NSPS claim nullified the CAA’s “permit shield”…”
Public Citizen, Inc. v. United States Environmental Protection Agency (2003) ca5 · cites it 2× “See 42 U.S.C. § 7661c(a) (“[e]ach permit issued under this subchapter shall include enforceable emissions limitations and standards .”
National Ass'n of Clean Water Agencies v. Environmental Protection Agency (2013) cadc · cites it 2× “Under 42 U.S.C. § 7661c, EPA “may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this Act, but continuous emissions monitoring need not be required if alternative methods are available that…”
White Stallion Energy Center, LLC v. Environmental Protection Agency (2014) cadc · cites it 2× “e assurance of compliance with a standard set as a thirty-day emissions rate, given EPA’s determination that stack test results are highly variable, and that EPA has failed to explain how compliance options involving long intervals between performance tests and lacking any…”
United States v. EME Homer City Generation, L.P (2013) ca3 · cites it 2× “” 42 U.S.C. § 7661c(a). But just because the statute requires complete permits does not mean that incomplete permits are actionable in an enforcement action.”
Alaska Wilderness League v. United States Environmental Protection Agency (2013) ca9 · cites it 4× “See 42 U.S.C. § 7661c. In “clean air areas,” the Act imposes additional preconstruction permitting requirements under the Prevention of Significant Deterioration program (the “PSD”).”
Sierra Club v. Johnson (2008) ca11 · cites it 2× “See 42 U.S.C. § 7661c(a). To that end, each permit must include a “schedule of compliance,” id, and if a source is out of compliance when the permit is issued, the permit must also include “a schedule of remedial measures, including an enforceable sequence of actions .”
Appalachian Power Co. v. Environmental Protection Agency (2000) cadc “6(a)(3) as 42 U.S.C. § 7661c(b). This provides that EPA "may by rule” set forth methods and procedures "for monitoring and analysis of pollutants regulated under this chapter, but continuous emissions monitoring need not be required if alternative methods are available that…”
Show all 48 citing cases →
— 42 U.S.C. § 7661c(a) — 29 cases
The Sierra Club v. Stephen L. Johnson (2006) ca11 “42 U.S.C. § 7661c(a) (emphasis added). The statute does not define “results,” which leads to the question: what does “submit .”
Romoland School District v. Inland Empire Energy Center, LLC (2008) ca9 “" 42 U.S.C. § 7661c(a). Rather than imposing an additional set of requirements on pollution sources, this permitting scheme was intended to "incorporate the requirements of the Act (including SIP requirements) that are[already] applicable to the source.”
Sierra Club v. Johnson (2008) ca11 “See 42 U.S.C. § 7661c(a). To that end, each permit must include a “schedule of compliance,” id, and if a source is out of compliance when the permit is issued, the permit must also include “a schedule of remedial measures, including an enforceable sequence of actions .”
Citizens Against Ruining the Environment v. Environmental Protection Agency (2008) ca7
Public Citizen, Inc. v. United States Environmental Protection Agency (2003) ca5 “See 42 U.S.C. § 7661c(a) (“[e]ach permit issued under this subchapter shall include enforceable emissions limitations and standards .”
— 42 U.S.C. § 7661c(b) — 7 cases
United States Sugar Corp. v. Environmental Protection Agency (2016) cadc “The EPA also concluded that thirty-day rolling average violations will occur almost as frequently as violations of shorter rolling-average periods. Id. The CAA vests the EPA with authority to “prescribe procedures and methods for determining compliance and for monitoring and…”
White Stallion Energy Center, LLC v. Environmental Protection Agency (2014) cadc “e assurance of compliance with a standard set as a thirty-day emissions rate, given EPA’s determination that stack test results are highly variable, and that EPA has failed to explain how compliance options involving long intervals between performance tests and lacking any…”
Appalachian Power Co. v. Environmental Protection Agency (2000) cadc “6(a)(3) as 42 U.S.C. § 7661c(b). This provides that EPA "may by rule” set forth methods and procedures "for monitoring and analysis of pollutants regulated under this chapter, but continuous emissions monitoring need not be required if alternative methods are available that…”
National Ass'n of Clean Water Agencies v. Environmental Protection Agency (2013) cadc “Under 42 U.S.C. § 7661c, EPA “may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this Act, but continuous emissions monitoring need not be required if alternative methods are available that…”
Sierra Club v. Environmental Protection Agency (2004) cadc
— 42 U.S.C. § 7661c(c) — 4 cases
Sierra Club v. Environmental Protection Agency (2008) cadc “42 U.S.C. § 7661c(b). EPA declined such an undertaking.”
Sierra Club v. EPA (2020) ca10
Sierra Club v. United States Environmental Protection Agency (2009) ca6
Sierra Club v. EPA (2009) ca6
— 42 U.S.C. § 7661c(d) — 1 case
Public Citizen, Inc. v. United States Environmental Protection Agency (2003) ca5 “See 42 U.S.C. § 7661c(a) (“[e]ach permit issued under this subchapter shall include enforceable emissions limitations and standards .”
— 42 U.S.C. § 7661c(e) — 2 cases
Alaska Wilderness League v. United States Environmental Protection Agency (2013) ca9 “See 42 U.S.C. § 7661c. In “clean air areas,” the Act imposes additional preconstruction permitting requirements under the Prevention of Significant Deterioration program (the “PSD”).”
Sierra Club v. Environmental Protection Agency (2008) cadc “42 U.S.C. § 7661c(b). EPA declined such an undertaking.”
— 42 U.S.C. § 7661c(f) — 9 cases
Sierra Club v. Otter Tail Power Co. (2010) ca8 “It contends first that EPA took no action with respect to the 2001 modifications that could have been subject to judicial review, and thus § 7607(b)(2) does not apply. Second, it argues that the district court’s dismissal of the NSPS claim nullified the CAA’s “permit shield”…”
United States v. Murphy Oil USA, Inc. (2001) wiwd
United States v. EME Homer City Generation, L.P (2013) ca3 “” 42 U.S.C. § 7661c(a). But just because the statute requires complete permits does not mean that incomplete permits are actionable in an enforcement action.”
United States v. Duke Energy Corporation (2003) ncmd
Erie Ins. Exchange v. Imperial Marble Corp. (2011) illappct
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