523 
conditions as are applicable in the case of a determination, disapproval, 
or finding under section 215111(a) of this title. 
(3) APPLICABILITY
OF
SANCTIONS
IN
NONATTAINMENT
AREAS 
ONLY.—The sanctions under section 215111(b)(3) of this title shall not 
apply pursuant to this subsection in any area unless the failure to ade-
quately enforce and administer the program relates to an air pollutant 
for which the area has been designated a nonattainment area. 
(4) PROMULGATION, ADMINISTRATION, AND ENFORCEMENT OF PER-
MIT
PROGRAM
BY
THE
ADMINISTRATOR.—When the Administrator 
makes a finding under paragraph (1) with respect to a State, unless 
the State corrects the deficiency within 18 months after the date of the 
finding, the Administrator shall, 2 years after the date of the finding, 
promulgate, administer, and enforce a program under this subdivision 
for the State. Nothing in this paragraph shall be construed to affect 
the validity of a program that has been approved under this subdivision 
or the authority of any permitting authority acting under such a pro-
gram until such time as a program is promulgated by the Adminis-
trator under this paragraph. 
§ 235103. Permit applications 
(a) APPLICABLE DATE.—Any source specified in section 235102(a) of 
this title shall become subject to a permit program, and required to have 
a permit, on the later of— 
(1) the effective date of a permit program or partial or interim per-
mit program applicable to the source; or 
(2) the date on which the source becomes subject to section 
235102(a) of this title. 
(b) COMPLIANCE PLAN.— 
(1) IN GENERAL.—The regulations required by section 235102(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 compli-
ance plan shall include a schedule of compliance and a schedule under 
which the permittee will submit progress reports to the permitting au-
thority not less frequently than every 6 months. 
(2) CERTIFICATION; REPORTING.—The regulations required by sec-
tion 235102(b) of this title shall require the permittee to— 
(A) periodically (but not less frequently than annually) certify 
that the facility is in compliance with any applicable requirements 
of the permit; and 
(B) promptly report any deviations from permit requirements to 
the permitting authority. 
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(c) DEADLINES.—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 subdivision, or such 
earlier date as the permitting authority may establish, submit to the permit-
ting authority a compliance plan and an application for a permit signed by 
a responsible official, who shall certify the accuracy of the information sub-
mitted. The permitting authority shall approve or disapprove a completed 
application (consistent with the procedures established under this subdivi-
sion for consideration of such applications), and shall issue or deny the per-
mit, within 18 months after the date of receipt of the completed application, 
except that the permitting authority shall establish a phased schedule for 
acting on permit applications submitted within the 1st full year after the 
effective date of a permit program (or a partial or interim program). Any 
such schedule shall ensure that at least 1⁄3 of the permits are acted on by 
the permitting authority annually over a period of not to exceed 3 years 
after such effective date. The permitting authority shall establish reasonable 
procedures to prioritize such approval or disapproval actions in the case of 
applications for construction or modification under the applicable require-
ments of this division. 
(d) TIMELY AND COMPLETE APPLICATIONS.—Except for sources required 
to have a permit before construction or modification under the applicable 
requirements of this division, if an applicant has submitted a timely and 
complete application for a permit required by this subdivision (including re-
newals), but final action has not been taken on the application, the source’s 
failure to have a permit shall not be a violation of this division 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 re-
quired to have a permit under this subdivision shall be in violation of section 
235102(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, compli-
ance plan (including the schedule of compliance), emission or compliance 
monitoring report, certification, and permit issued under this subdivision 
shall be available to the public. If an applicant or permittee is required to 
submit information entitled to protection from disclosure under section 
211114(c) of this title, the applicant or permittee may submit the informa-
tion separately. The requirements of section 211114(c) of this title shall 
apply to the information. The contents of a permit shall not be entitled to 
protection under section 211114(c) of this title. 
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§ 235104. Permit requirements and conditions 
(a) CONDITIONS.—Each permit issued under this subdivision shall in-
clude— 
(1) enforceable emission limitations and standards; 
(2) a schedule of compliance; 
(3) a requirement that the permittee submit to the permitting au-
thority, not less often than every 6 months, the results of any required 
monitoring; and 
(4) such other conditions as are necessary to ensure compliance with 
applicable requirements of this division, including the requirements of 
the applicable implementation plan. 
(b) MONITORING AND ANALYSIS.—The Administrator may by regulation 
prescribe procedures and methods for determining compliance and for moni-
toring and analysis of pollutants regulated under this division, but contin-
uous emission monitoring need not be required if alternative methods are 
available that provide sufficiently reliable and timely information for deter-
mining compliance. Nothing in this subsection shall be construed to affect 
any continuous emissions monitoring requirement of subdivision 5, or where 
required elsewhere in this division. 
(c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORT-
ING.—Each permit issued under this subdivision shall set forth inspection, 
entry, monitoring, compliance certification, and reporting requirements to 
ensure compliance with the permit terms and conditions. The 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 subdivision shall be signed by a responsible cor-
porate official, who shall certify its accuracy. 
(d) GENERAL PERMITS.—A 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 ap-
plicable to permits under this subdivision. No source covered by a general 
permit shall thereby be relieved from the obligation to file an application 
under section 235103 of this title. 
(e) TEMPORARY SOURCES.—A 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 ensure compliance with all the requirements of this division at all au-
thorized locations, including ambient standards and compliance with any ap-
plicable increment or visibility requirements under chapter 213. Any such 
permit shall require the owner or operator to notify the permitting authority 
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in advance of each change in location. The permitting authority may require 
a separate permit fee for operations at each location. 
(f) PERMIT SHIELD.— 
(1) IN GENERAL.—Compliance with a permit issued in accordance 
with this subdivision shall be deemed compliance with section 235102 
of this title. 
(2) COMPLIANCE WITH OTHER PROVISIONS.— 
(A) IN GENERAL.—Except as otherwise provided by the Admin-
istrator by regulation, the permit may provide that compliance 
with the permit shall be deemed compliance with other applicable 
provisions of this division that relate to the permittee if— 
(i) the permit includes the applicable requirements of such 
provisions; or 
(ii) the permitting authority in acting on the permit appli-
cation makes a determination relating to the permittee that 
such other provisions (which shall be referred to in the deter-
mination) are not applicable and the permit includes the de-
termination or a concise summary of the determination. 
(B) EFFECT OF SUBPARAGRAPH.—Nothing in subparagraph (A) 
shall alter or affect section 203103 of this title, including the au-
thority of the Administrator under that section. 
§ 235105. Notification 
to 
Administrator 
and 
contiguous 
States 
(a) TRANSMISSION AND NOTICE.— 
(1) COPIES OF PERMIT APPLICATION AND PROPOSED PERMIT TO 
THE ADMINISTRATOR.—A permitting authority shall— 
(A) transmit to the Administrator a copy of each permit appli-
cation (and any application for a permit modification or renewal) 
or such portion thereof, including any compliance plan, as the Ad-
ministrator may require to effectively review the application and 
otherwise to carry out the Administrator’s responsibilities under 
this division; and 
(B) provide the Administrator a copy of each permit proposed 
to be issued and issued as a final permit. 
(2) NOTIFICATION TO STATES.— 
(A) NOTIFICATION.—A permitting authority shall notify all 
States— 
(i) whose air quality may be affected and that are contig-
uous to the State in which the emission originates; or 
(ii) that are within 50 miles of the source; 
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