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(continued)
strated as providing information with the same precision,
reliability, accessibility, and timeliness as that provided by
CEMS, and for recordkeeping and reporting of information from
such systems. Such regulations may include limitations or the use
of alternative compliance methods by units equipped with an
alternative monitoring system as may be necessary to preserve the
orderly functioning of the allowance system, and which will
ensure the emissions reductions contemplated by this title. Where
2 or more units utilize a single stack, a separate CEMS shall not
be required for each unit, and for such units the regulations
shall require that the owner or operator collect sufficient
information to permit reliable compliance determinations for each
such unit.
(b) First Phase Requirements.- Not later than thirty-six
months after enactment of the Clean Air Act Amendments of 1990,
the owner or operator of each affected unit under section 404,
including, but not limited to, units that become affected units
pursuant to subsections (b) and (c) and eligible units under
subsection (d), shall install and operate CEMS, quality assure
the data, and keep records and reports in accordance with the
regulations issued under subsection (a).
(c) Second Phase Requirements.- Not later than January 1,
1995, the owner or operator of each affected unit that has not
previously met the requirements of subsections (a) and (b) shall
install and operate CEMS, quality assure the data, and keep
records and reports in accordance with the regulations issued
under subsection (a). Upon commencement of commercial operation
of each new utility unit, the unit shall comply with the
requirements of subsection (a).
(d) Unavailability of Emissions Data.- If CEMS data or data
from an alternative monitoring system approved by the
Administrator under subsection (a) is not available for any
affected unit during any period of a calendar year in which such
data is required under this title, and the owner or operator
cannot provide information, satisfactory to the Administrator, on
emissions during that period, the Administrator shall deem the
unit to be operating in an uncontrolled manner during the entire
period for which the data was not available and shall, by
regulation which shall be issued not later than eighteen months
after enactment of the Clean Air Act Amendments of 1990,
prescribe means to calculate emissions for


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that period. The owner or operator shall be liable for excess
emissions fees and offsets under section 411 in accordance with
such regulations. Any fee due and payable under this subsection
shall not diminish the liability of the unit's owner or operator
for any fine, penalty, fee or assessment against the unit for the
same violation under any other section of this Act.
(e) Prohibition.- It shall be unlawful for the owner or
operator of any source subject to this title to operate a source
without complying with the requirements of this section, and any
regulations implementing this section.
[42 U.S.C. 7651k]
SEC. 413. GENERAL COMPLIANCE WITH OTHER PROVISIONS.
Except as expressly provided, compliance with the requirements
of this title shall not exempt or exclude the owner or operator
of any source subject to this title from compliance with any
other applicable requirements of this Act.
[42 U.S.C. 7651l]
SEC. 414. ENFORCEMENT.
It shall be unlawful for any person subject to this title to
violate any prohibition of, requirement of, or regulation
promulgated pursuant to this title shall be a violation of this
Act. In addition to the other requirements and prohibitions
provided for in this title, the operation of any affected unit to
emit sulfur dioxide in excess of allowances held for such unit
shall be deemed a violation, with each ton emitted in excess of
allowances held constituting a separate violation.
[42 U.S.C. 7651m]
SEC. 415. CLEAN COAL TECHNOLOGY REGULATORY INCENTIVES.
(a) Definition.- For purposes of this section, "clean coal
technology" means any technology, including technologies applied
at the precombustion, combustion, or post combustion stage, at a
new or existing facility which will achieve significant
reductions in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the
generation of electricity, process steam, or industrial products,
which is not in widespread use as of the date of enactment of
this title.
(b) Revised Regulations for Clean Coal Technology Demonstra-
tions.-
(1) Applicability.- This subsection applies to physical or
operational changes to existing facilities for the sole
purpose of installation, operation, cessation, or removal of
a temporary or permanent clean coal technology demonstration
project. For the purposes of this section, a clean coal
technology demonstration project shall mean a project using
funds appropriated under the heading "Department of Energy-
Clean Coal Technology", up to a total amount of
$2,500,000,000 for commercial demonstration of clean coal
technology, or similar projects funded through
appropriations for the Environmental Protection Agency. The
Federal contribution for a qualifying project shall be at
least 20 percent of the total cost of the demonstration
project.
(2) Temporary projects.- Installation, operation, cessa-
tion, or removal of a temporary clean coal technology

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demonstration project that is operated for a period of five
years or less, and which complies with the State implementa-
tion plans for the State in which the project is located and
other requirements necessary to attain and maintain the
national ambient air quality standards during and after the
project is terminated, shall not subject such facility to
the requirements of section 111 or part C or D of title I.
(3) Permanent projects.- For permanent clean coal
technology demonstration projects that constitute repowering
as defined in section 402(l) of this title, any qualifying
project shall not be subject to standards of performance
under section 111 or to the review and permitting require-
ments of part C for any pollutant the potential emissions of
which will not increase as a result of the demonstration
project.
(4) EPA regulations.- Not later than 12 months after the
date of enactment, the Administrator shall promulgate
regulations or interpretive rulings to revise requirements
under section 111 and parts C and D, as appropriate, to
facilitate projects consistent in this subsection. With
respect to parts C and D, such regulations or rulings shall
apply to all areas in which EPA is the permitting authority.
In those instances in which the State is the permitting
authority under part C or D, any State may adopt and submit
to the Administrator for approval revisions to its implemen-
tation plan to apply the regulations or rulings promulgated
under this subsection.
(c) Exemption for Reactivation of Very Clean Units.- Physical
changes or changes in the method of operation associated with the
commencement of commercial operations by a coal-fired utility
unit after a period of discontinued operation shall not subject
the unit to the requirements of section 111 or part C of the Act
where the unit (1) has not been in operation for the two-year
period prior to the enactment of the Clean Air Act Amendments of
1990, and the emissions from such unit continue to be carried in
the permitting authority's emissions inventory at the time of
enactment, (2) was equipped prior to shut-down with a continuous
system of emissions control that achieves a removal efficiency
for sulfur dioxide of no less than 85 percent and a removal
efficiency for particulates of no less than 98 percent, (3) is
equipped with low-NOx burners prior to the time of commencement,
and (4) is otherwise in compliance with the requirements of this
Act.
[42 U.S.C. 7651n]
SEC. 416. CONTINGENCY GUARANTEE; AUCTIONS, RESERVE.
(a) Definitions.- For purposes of this section-
(1) The term "independent power producer" means any person
who owns or operates, in whole or in part, one or more new
independent power production facilities.
(2) The term "new independent power production facility"
means a facility that-
(A) is used for the generation of electric energy, 80
percent or more of which is sold at wholesale;
(B) is nonrecourse project-financed (as such term is
defined by the Secretary of Energy within 3 months of

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the date of the enactment of the Clean Air Act Amend-
ments of 1990);
(C) does not generate electric energy sold to any
affiliate (as defined in section 2(a)(11) of the Public
Utility Holding Company Act of 1935) of the facility's
owner or operator unless the owner or operator of the
facility demonstrates that it cannot obtain allowances
from the affiliate; and
(D) is a new unit required to hold allowances under
this title.
(3) The term "required allowances" means the allowances
required to operate such unit for so much of the unit's
useful life as occurs after January 1, 2000.
(b) Special Reserve of Allowances.- Within 36 months after the
date of the enactment of the Clean Air Act Amendments of 1990,
the Administrator shall promulgate regulations establishing a
Special Allowance Reserve containing allowances to be sold under
this section. For purposes of establishing the Special Allowance
Reserve, the Administrator shall withhold-
(1) 2.8 percent of the allocation of allowances for each
year from 1995 through 1999 inclusive; and
(2) 2.8 percent of the basic Phase II allowance allocation
of allowances for each year beginning in the year 2000
which would (but for this subsection) be issued for each affected
unit at an affected source. The Administrator shall record such
withholding for purposes of transferring the proceeds of the
allowance sales under this subsection. The allowances so withheld
shall be deposited in the Reserve under this section.
(c) Direct Sale at $1,500 Per Ton.-
(1) Subaccount for direct sales.- In accordance with
regulations under this section, the Administrator shall
establish a Direct Sale Subaccount in the Special
Allowance Reserve established under this section. The
Direct Sale Subaccount shall contain allowances in the
amount of 50,000 tons per year for each year beginning in
the year 2000.
(2) Sales.- Allowances in the subaccount shall be
offered for direct sale to any person at the times and in
the amounts specified in table 1 at a price of $1,500 per
allowance, adjusted by the Consumer Price Index in the
same manner as provided in paragraph (3). Requests to
purchase allowances from the Direct Sale Subaccount
established under paragraph (1) shall be approved in the
order of receipt until no allowances remain in such
subaccount, except that an opportunity to purchase such
allowances shall be provided to the independent power
producers referred to in this subsection before such
allowances are offered to any other person. Each applicant
shall be required to pay 50 percent of the total purchase
price of the allowances within 6 months after the approval
of the request to purchase. The remainder shall be paid on
or before the transfer of the allowances.
TABLE 1- NUMBER OF ALLOWANCES AVAILABLE FOR SALE AT $1,500
PER TON


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Year of Sale Spot Sale
(same Advance
year) Sale

1993-1999 . . . . . . . . . . . . . .... 25,000
2000 and after . . . . . . . . . . 25,000 25,000

Allowances sold in the spot sale in any year are allowances which may only be used in that year (unless
banked for use in a later year). Allowances sold in the advance sale in any year are allowances which may
only be used in the 7th year after the year in which they are first offered for sale (unless banked for use
in a later year).

(3) Entitlement to written guarantee.- Any independent
power producer that submits an application to the Administrator
establishing that such independent power producer-
(A) proposes to construct a new independent power produc-
tion facility for which allowances are required under this
title;
(B) will apply for financing to construct such facility
after January 1, 1990, and before the date of the first
auction under this section;
(C) has submitted to each owner or operator of an affected
unit listed in table A (in section 404) a written offer to
purchase the required allowances for $750 per ton; and
shall, within 30 days after submission of such application, be
entitled to receive the Administrator's written guarantee
(subject to the eligibility requirements set forth in paragraph
(4)) that such required allowances will be made available for
purchase from the Direct Sale Subaccount established under this
subsection and at a guaranteed price. The guaranteed price at
which such allowances shall be made available for purchase
shall be $1,500 per ton, adjusted by the percentage, if any, by
which the Consumer Price Index (as determined under section
502(b)(3)(B)(v)) for the year in which the allowance is
purchased exceeds the Consumer Price Index for the calendar
year 1990.
(4) Eligibility requirements.- The guarantee issued by the
Administrator under paragraph (3) shall be subject to a
demonstration by the independent power producer, satisfactory
to the Administrator, that-
(A) the independent power producer has-
(i) made good faith efforts to purchase the required
allowances from the owners or operators of affected
units to which allowances will be allocated, including
efforts to purchase at annual auctions under this
section, and from industrial sources that have elected
to become affected units pursuant to section 410; and
(ii) such bids and efforts were unsuccessful in
obtaining the required allowances; and
(B) the independent power producer will continue to make
good faith efforts to purchase the required allowances
from the owners or operators of affected units and from
industrial sources.



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(5) Issuance of guaranteed allowances from direct sale
subaccount under this section.- From the allowances available
in the Direct Sale Subaccount established under this
subsection, upon payment of the guaranteed price, the
Administrator shall issue to any person exercising the right to
purchase allowances pursuant to a guarantee under this
subsection the allowances covered by such guarantee. Persons to
which guarantees under this subsection have been issued shall
have the opportunity to purchase allowances pursuant to such
guarantee from such subaccount before the allowances in such
reserve are offered for sale to any other person.
(6) Proceeds.- Notwithstanding section 3302 of title 31 of
the United States Code or any other provision of law, the
Administrator shall require that the proceeds of any sale under
this subsection be transferred, within 90 days after the sale,
without charge, on a pro rata basis to the owners or operators
of the affected units from whom the allowances were withheld
under subsection (b) and that any unsold allowances be trans-
ferred to the Subaccount for Auction Sales established under
subsection (d). No proceeds of any sale under this subsection
shall be held by any officer or employee of the United States
or treated for any purpose as revenue to the United States or
to the Administrator.
(7) Termination of subaccount.- If the Administrator deter-
mines that, during any period of 2 consecutive calendar years,
less than 20 percent of the allowances available in the
subaccount for direct sales established under this subsection
have been purchased under this paragraph, the Administrator
shall terminate the subaccount and transfer such allowances to
the Auction Subaccount under subsection (d).
(d) Auction Sales.-
(1) Subaccount for auctions.- The Administrator shall
establish an Auction Subaccount in the Special Reserve
established under this section. The Auction Subaccount shall
contain allowances to be sold at auction under this section in
the amount of 150,000 tons per year for each year from 1995
through 1999, inclusive and 250,000 tons per year for each year
beginning in the calendar year 2000.
(2) Annual auctions.- Commencing in 1993 and in each year
thereafter, the Administrator shall conduct auctions at which the
allowances referred to in paragraph (1) shall be offered for sale
in accordance with regulations promulgated by the Administrator,
in consultation with the Secretary of the Treasury, within 12
months of enactment of the Clean Air Act Amendments of 1990. The
allowances referred to in paragraph (1) shall be offered for sale
at auction in the amounts specified in table 2. The auction shall
be open to any person. A person wishing to bid for such
allowances shall submit (by a date set by the Administrator) to
the Administrator (on a sealed bid schedule provided by the
Administrator) offers to purchase specified numbers of allowances
at specified
prices. Such regulations shall specify that the auctioned
allowances shall be allocated and sold on the basis of bid price,
starting with the highest-priced bid and continuing until all
allowances for sale at such auction have been allocated. The

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regulations shall not permit that a minimum price be set for the
purchase of withheld allowances. Allowances purchased at the
auction may be used for any purpose and at any time after the
auction, subject to the provisions of this title.

TABLE 2- NUMBER OF ALLOWANCES AVAILABLE FOR AUCTION

Year of Sale Spot Auction
(same year) Advance
Auction

1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000* 100,000
1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000* 100,000
1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000* 100,000
1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150,000 100,000
1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150,000 100,000
1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150,000 100,000
1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150,000 100,000
2000 and after . . . . . . . . . . . . . . . . . . . . . . . 100,000 100,000
Allowances sold in the spot sale in any year are allowances which may only be used in that year (unless
banked for use in a later year), except as otherwise noted. Allowances sold in the advance auction in any
year are allowances which may only be used in the 7th year after the year in which they are first offered for
sale (unless banked for use in a later year).
* Available for use only in 1995 (unless banked for use in a later year).
(3) Proceeds.- (A) Notwithstanding section 3302 of title
31 of the United States Code or any other provision of law,
within 90 days of receipt, the Administrator shall transfer
the proceeds from the auction under this section, on a pro
rata basis, to the owners or operators of the affected units
at an affected source from whom allowances were withheld
under subsection (b). No funds transferred from a purchaser
to a seller of allowances under this paragraph shall be held
by any officer or employee of the United States or treated
for any purpose as revenue to the United States or the
Administrator.
(B) At the end of each year, any allowances offered for
sale but not sold at the auction shall be returned without
charge, on a pro rata basis, to the owner or operator of the
affected units from whose allocation the allowances were
withheld.
(4) Additional auction participants.- Any person holding
allowances or to whom allowances are allocated by the
Administrator may submit those allowances to the Administra-
tor to be offered for sale at auction under this subsection.
The proceeds of any such sale shall be transferred at the
time of sale by the purchaser to the person submitting such
allowances for sale. The holder of allowances offered for
sale under this paragraph may specify a minimum sale price.
Any person may purchase allowances offered for auction under
this paragraph. Such allowances shall be allocated and sold
to purchasers on the basis of bid price after the auction
under paragraph (2) is complete. No funds transferred from a
purchaser to a seller of allowances under this paragraph



372





shall be held by any officer or employee of the United
States
or treated for any purpose as revenue to the United States
or the Administrator.
(5) Recording by EPA.- The Administrator shall record and
publicly report the nature, prices and results of each
auction under this subsection, including the prices of
successful bids, and shall record the transfers of
allowances as a result of each auction in accordance with
the requirements of this section. The transfer of allowances
at such auction shall be recorded in accordance with the
regulations promulgated by the Administrator under this
title.
(e) Changes in Sales, Auctions, and Withholding.- Pursuant to
rulemaking after public notice and comment the Administrator may
at any time after the year 1998 (in the case of advance sales or
advance auctions) and 2005 (in the case of spot sales or spot
auctions) decrease the number of allowances withheld and sold
under this section.
(f) Termination of Auctions.- The Administrator may terminate
the withholding of allowances and the auction sales under this
section if the Administrator determines that, during any period
of 3 consecutive calendar years after 2002, less than 20 percent
of the allowances available in the auction subaccount have been
purchased. Pursuant to regulations under this section, the
Administrator may by delegation or contract provide for the
conduct of sales or auctions under the Administrator's
supervision by other departments or agencies of the United States
Government or by nongovernmental agencies, groups, or
organizations.
[42 U.S.C. 7651o]

TITLE V- PERMITS

Sec. 501. Definitions.
Sec. 502. Permit programs.
Sec. 503. Permit applications.
Sec. 504. Permit requirements and conditions.
Sec. 505. Notification to Administrator and contiguous States.
Sec. 506. Other authorities.
Sec. 507. Small business stationary source technical and

environmental compliance assistance program.
SEC. 501. DEFINITIONS.
As used in this title-
(1) Affected source.- The term "affected source" shall
have the meaning given such term in title IV.
(2) Major source.- The term "major source" means any
stationary source (or any group of stationary sources
located within a contiguous area and under common control)
that is either of the following:
(A) A major source as defined in section 112.
(B) A major stationary source as defined in section 302
or part D of title I.


373





(3) Schedule of compliance.- The term "schedule of
compliance" means a schedule of remedial measures, including
an enforceable sequence of actions or operations, leading to
compliance with an applicable implementation plan, emission
standard, emission limitation, or emission prohibition.
(4) Permitting authority.- The term "permitting
authority" means the Administrator or the air pollution
control agency authorized by the Administrator to carry out
a permit program under this title.
[42 U.S.C. 7661]
SEC. 502. PERMIT PROGRAMS.
(a) Violations.- After the effective date of any permit
program approved or promulgated under this title, it shall be
unlawful for any person to violate any requirement of a permit
issued under this title, or to operate an affected source (as
provided in title IV), a major source, any other source
(including an area source) subject to standards or regulations
under section 111 or 112, any other source required to have a
permit under parts C or D of title I, or any other stationary
source in a category designated (in whole or in part) by
regulations promulgated by the Administrator (after notice and
public comment) which shall include a finding setting forth the
basis for such designation, except in compliance with a permit
issued by a permitting authority under this title. (Nothing in
this subsection shall be construed to alter the applicable
requirements of this Act that a permit be obtained before
construction or modification.) The Administrator may, in the
Administrator's discretion and consistent with the applicable
provisions of this Act, promulgate regulations to exempt one or
more source categories (in whole or in part) from the
requirements of this subsection if the Administrator finds that
compliance with such requirements is impracticable, infeasible,
or unnecessarily burdensome on such categories, except that the
Administrator may not exempt any major source from such
requirements.
(b) Regulations.- The Administrator shall promulgate within 12
months after the date of the enactment of the Clean Air Act
Amendments of 1990 regulations establishing the minimum elements
of a permit program to be administered by any air pollution
control agency. These elements shall include each of the follow-
ing:
(1) Requirements for permit applications, including a
standard application form and criteria for determining in a
timely fashion the completeness of applications.
(2) Monitoring and reporting requirements.
(3)(A) A requirement under State or local law or
interstate compact that the owner or operator of all sources
subject to the requirement to obtain a permit under this
title pay an annual fee, or the equivalent over some other
period, sufficient to cover all reasonable (direct and
indirect) costs required to develop and administer the
permit program requirements of this title, including section
507, including the reasonable costs of-
(i) reviewing and acting upon any application for such
a permit,

374





(ii) if the owner or operator receives a permit for
such source, whether before or after the date of the
enactment of the Clean Air Act Amendments of 1990,
implementing and enforcing the terms and conditions of any
such permit (not including any court costs or other costs
associated with any enforcement action),
(iii) emissions and ambient monitoring,
(iv) preparing generally applicable regulations, or
guidance,
(v) modeling, analyses, and demonstrations, and
(vi) preparing inventories and tracking emissions.
(B) The total amount of fees collected by the permitting
authority shall conform to the following requirements:
(i) The Administrator shall not approve a program as
meeting the requirements of this paragraph unless the
State demonstrates that, except as otherwise provided in
subparagraphs (ii) through (v) of this subparagraph, the
program will result in the collection, in the aggregate,
from all sources subject to subparagraph (A), of an amount
not less than $25 per ton of each regulated pollutant, or
such other amount as the Administrator may determine
adequately reflects the reasonable costs of the permit
program.
(ii) As used in this subparagraph, the term "regulated
pollutant" shall mean (I) a volatile organic compound;
(II) each pollutant regulated under section 111 or 112;
and (III) each pollutant for which a national primary
ambient air quality standard has been promulgated (except
that carbon monoxide shall be excluded from this refer-
ence).
(iii) In determining the amount under clause (i), the
permitting authority is not required to include any amount
of regulated pollutant emitted by any source in excess of
4,000 tons per year of that regulated pollutant.
(iv) The requirements of clause (i) shall not apply if
the permitting authority demonstrates that collecting an
amount less than the amount specified under clause (i)
will meet the requirements of subparagraph (A).
(v) The fee calculated under clause (i) shall be
increased (consistent with the need to cover the reason-
able costs authorized by subparagraph (A)) in each year
beginning after the year of the enactment of the Clean Air
Act Amendments of 1990 by the percentage, if any, by which
the Consumer Price Index for the most recent calendar year
ending before the beginning of such year exceeds the
Consumer Price Index for the calendar year 1989. For
purposes of this clause-
(I) the Consumer Price Index for any calendar year is
the average of the Consumer Price Index for all-urban
consumers published by the Department of Labor, as of
the close of the 12-month period ending on August 31 of
each calendar year, and
(II) the revision of the Consumer Price Index which
is most consistent with the Consumer Price Index for
calendar year 1989 shall be used.

375


(C)(i) If the Administrator determines, under subsection
(d), that the fee provisions of the operating permit program do
not meet the requirements of this paragraph, or if the
Administrator makes a determination, under subsection (i), that
the permitting authority is not adequately administering or
enforcing an
approved fee program, the Administrator may, in addition to
taking any other action authorized under this title, collect
reasonable fees from the sources identified under subparagraph
(A). Such fees shall be designed solely to cover the
Administrator's costs of administering the provisions of the
permit program promulgated by the Administrator.
(ii) Any source that fails to pay fees lawfully imposed by
the Administrator under this subparagraph shall pay a penalty
of 50 percent of the fee amount, plus interest on the fee
amount computed in accordance with section 6621(a)(2) of the
Internal Revenue Code of 1986 (relating to computation of
interest on underpayment of Federal taxes).
(iii) Any fees, penalties, and interest collected under this
subparagraph shall be deposited in a special fund in the United
States Treasury for licensing and other services, which
thereafter shall be available for appropriation, to remain
available until expended, subject to appropriation, to carry
out the Agency's activities for which the fees were collected.
Any fee required to be collected by a State, local, or
interstate agency under this subsection shall be utilized
solely to cover all reasonable (direct and indirect) costs
required to support the permit program as set forth in
subparagraph (A).
(4) Requirements for adequate personnel and funding to
administer the program.
(5) A requirement that the permitting authority have
adequate authority to:
(A) issue permits and assure compliance by all sources
required to have a permit under this title with each
applicable standard, regulation or requirement under this
Act;
(B) issue permits for a fixed term, not to exceed 5 years;
(C) assure that upon issuance or renewal permits incorpo-
rate emission limitations and other requirements in an
applicable implementation plan;
(D) terminate, modify, or revoke and reissue permits for
cause;
(E) enforce permits, permit fee requirements, and the
requirement to obtain a permit, including authority to
recover civil penalties in a maximum amount of not less than
$10,000 per day for each violation, and provide appropriate
criminal penalties; and
(F) assure that no permit will be issued if the Adminis-
trator objects to its issuance in a timely manner under this
title.
(6) Adequate, streamlined, and reasonable procedures for
expeditiously determining when applications are complete, for
processing such applications, for public notice, including
offering an opportunity for public comment and a hearing, and
for expeditious review of permit actions, including applica-
tions, renewals, or revisions, and including an opportunity for
judicial review in State court of the final permit action by

376


the applicant, any person who participated in the public
comment process, and any other person who could obtain judicial
review of that action under applicable law.
(7) To ensure against unreasonable delay by the permitting
authority, adequate authority and procedures to provide that a
failure of such permitting authority to act on a permit
application or permit renewal application (in accordance with
the time periods specified in section 503 or, as appropriate,
title IV) shall be treated as a final permit action solely for
purposes of obtaining judicial review in State court of an
action brought by any person referred to in paragraph (6) to
require that action be taken by the permitting authority on
such application without additional delay.
(8) Authority, and reasonable procedures consistent with the
need for expeditious action by the permitting authority on
permit applications and related matters, to make available to
the public any permit application, compliance plan, permit, and
monitoring or compliance report under section 503(e), subject
to the provisions of section 114(c) of this Act.
(9) A requirement that the permitting authority, in the case
of permits with a term of 3 or more years for major sources,
shall require revisions to the permit to incorporate applicable
standards and regulations promulgated under this Act after the
issuance of such permit. Such revisions shall occur as expedi-
tiously as practicable and consistent with the procedures
established under paragraph (6) but not later than 18 months
after the promulgation of such standards and regulations. No
such revision shall be required if the effective date of the
standards or regulations is a date after the expiration of the
permit term. Such permit revision shall be treated as a permit
renewal if it complies with the requirements of this title
regarding renewals.
(10) Provisions to allow changes within a permitted facility
(or one operating pursuant to section 503(d)) without requiring
a permit revision, if the changes are not modifications under
any provision of title I and the changes do not exceed the
emissions allowable under the permit (whether expressed therein
as a rate of emissions or in terms of total emissions:
Provided, That the facility provides the Administrator and the
permitting authority with written notification in advance of
the proposed changes which shall be a minimum of 7 days, unless
the permitting authority provides in its regulations a
different timeframe for emergencies.
(c) Single Permit.- A single permit may be issued for a
facility with multiple sources.
(d) Submission and Approval.- (1) Not later than 3 years after
the date of the enactment of the Clean Air Act Amendments of
1990, the Governor of each State shall develop and submit to the
Administrator a permit program under State or local law or under
an interstate compact meeting the requirements of this title. In
addition, the Governor shall submit a legal opinion from the
attorney general (or the attorney for those State air pollution
control agencies that have independent legal counsel), or from
the chief legal officer of an interstate agency, that the laws of
the State, locality, or the interstate compact provide adequate
authority to carry out the program. Not later than 1 year after
receiving a program, and after notice and opportunity for public
comment, the Administrator shall approve or disapprove such

377


program, in whole or in part. The Administrator may approve a
program to the extent that the program meets the requirements of
this Act, including the regulations issued under subsection (b).
If the program is disapproved, in whole or in part, the Adminis-
trator shall notify the Governor of any revisions or
modifications necessary to obtain approval. The Governor shall
revise and resubmit the program for review under this section
within 180 days after receiving notification.
(2)(A) If the Governor does not submit a program as required
under paragraph (1) or if the Administrator disapproves a program
submitted by the Governor under paragraph (1), in whole or in
part, the Administrator may, prior to the expiration of the
18-month period referred to in subparagraph (B), in the Admini-
strator's discretion, apply any of the sanctions specified in
section 179(b).
(B) If the Governor does not submit a program as required under
paragraph (1), or if the Administrator disapproves any such
program submitted by the Governor under paragraph (1), in whole
or in part, 18 months after the date required for such submittal
or the date of such disapproval, as the case may be, the
Administrator shall apply sanctions under section 179(b) in the
same manner and subject to the same deadlines and other
conditions as are applicable in the case of a determination,
disapproval, or finding under section 179(a).
(C) The sanctions under section 179(b)(2) shall not apply
pursuant to this paragraph in any area unless the failure to
submit or the disapproval referred to in subparagraph (A) or (B)
relates to an air pollutant for which such area has been
designated a nonattainment area (as defined in part D of title
I).
(3) If a program meeting the requirements of this title has not
been approved in whole for any State, the Administrator shall, 2
years after the date required for submission of such a program
under paragraph (1), promulgate, administer, and enforce a
program under this title for that State.
(e) Suspension.- The Administrator shall suspend the issuance
of permits promptly upon publication of notice of approval of a
permit program under this section, but may, in such notice,
retain jurisdiction over permits that have been federally issued,
but for which the administrative or judicial review process is
not complete. The Administrator shall continue to administer and
enforce federally issued permits under this title until they are
replaced by a permit issued by a permitting program. Nothing in
this subsection should be construed to limit the Administrator's
ability to enforce permits issued by a State.
(f) Prohibition.- No partial permit program shall be approved
unless, at a minimum, it applies, and ensures compliance with,
this title and each of the following:
(1) All requirements established under title IV applicable
to "affected sources".
(2) All requirements established under section 112
applicable to "major sources", "area sources," and "new
sources".
(3) All requirements of title I (other than section 112)
applicable to sources required to have a permit under this
title.
Approval of a partial program shall not relieve the State of its
obligation to submit a complete program, nor from the application

378


of any sanctions under this Act for failure to submit an approv-
able permit program.
(g) Interim Approval.- If a program (including a partial
permit program) submitted under this title substantially meets
the requirements of this title, but is not fully approvable, the
Administrator may by rule grant the program interim approval. In
the notice of final rulemaking, the Administrator shall specify
the changes that must be made before the program can receive full
approval. An interim approval under this subsection shall expire
on a date set by the Administrator not later than 2 years after
such approval, and may not be renewed. For the period of any such
interim approval, the provisions of subsection (d)(2), and the
obligation of the Administrator to promulgate a program under
this title for the State pursuant to subsection (d)(3), shall be
suspended. Such provisions and such obligation of the Administra-
tor shall apply after the expiration of such interim approval.
(h) Effective Date.- The effective date of a permit program,
or partial or interim program, approved under this title, shall
be the effective date of approval by the Administrator. The
effective date of a permit program, or partial permit program,
promulgated by the Administrator shall be the date of
promulgation.
(i) Administration and Enforcement.- (1) Whenever the Adminis-
trator makes a determination that a permitting authority is not
adequately administering and enforcing a program, or portion
thereof, in accordance with the requirements of this title, the
Administrator shall provide notice to the State and may, prior to
the expiration of the 18-month period referred to in paragraph
(2), in the Administrator's discretion, apply any of the
sanctions specified in section 179(b).
(2) Whenever the Administrator makes a determination that a
permitting authority is not adequately administering and
enforcing a program, or portion thereof, in accordance with the
requirements of this title, 18 months after the date of the
notice under paragraph (1), the Administrator shall apply the
sanctions under section 179(b) in the same manner and subject to
the same deadlines and other conditions as are applicable in the
case of a determination, disapproval, or finding under section
179(a).
(3) The sanctions under section 179(b)(2) shall not apply
pursuant to this subsection in any area unless the failure to
adequately enforce and administer the program relates to an air
pollutant for which such area has been designated a nonattainment
area.
(4) Whenever the Administrator has made a finding under
paragraph (1) with respect to any State, unless the State has
corrected such deficiency within 18 months after the date of such
finding, the Administrator shall, 2 years after the date of such
finding, promulgate, administer, and enforce a program under this
title for that State. Nothing in this paragraph shall be
construed to affect the validity of a program which has been
approved under this title or the authority of any permitting
authority acting
under such program until such time as such program is promulgated
by the Administrator under this paragraph.
[42 U.S.C. 7661a]
SEC. 503. PERMIT APPLICATIONS.


379





(a) Applicable Date.- Any source specified in section 502(a)
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
502(a).
(b) Compliance Plan.- (1) The regulations required by section
502(b) 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
Act. 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
title, 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 title 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 Act.
(d) Timely and Complete Applications.- Except for sources
required to have a permit before construction or modification
under the applicable requirements of this Act, if an applicant
has submitted a timely and complete application for a permit
required by this title (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 Act, 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 title
shall be in
violation of section 502(a) before the date on which the source
is required to submit an application under subsection (c).


380





(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 title, shall be available to the public. If an
applicant or permittee is required to submit information entitled (continued)