---
kind: "section"
citation: "42 U.S.C. § 7651g"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7651g"
heading: "Permits and compliance plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7651g"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter IV–A — Acid Deposition Control"
---

# §7651g. Permits and compliance plans

- (a) **Permit program—** The provisions of this subchapter shall be implemented, subject to [section 7651b of this title](/usc/42/7651b.md), by permits issued to [units](/usc/42/7651a.md?p=15) subject to this subchapter (and enforced) in accordance with the provisions of subchapter V, as [modified](/usc/42/7501.md?p=4) by this subchapter. Any such permit issued by the [Administrator](/usc/42/7602.md?p=a), or by a [State](/usc/42/7651a.md?p=14) with an approved permit program, shall prohibit—
  - (1) annual emissions of sulfur dioxide in excess of the number of [allowances](/usc/42/7651a.md?p=3) to emit sulfur dioxide the [owner](/usc/42/13641.md?p=4) or operator, or the [designated representative](/usc/42/7651a.md?p=26) of the [owners](/usc/42/13641.md?p=4) or operators, of the [unit](/usc/42/7651a.md?p=15) hold for the [unit](/usc/42/7651a.md?p=15),
  - (2) exceedances of applicable emissions rates,
  - (3) the use of any [allowance](/usc/42/7651a.md?p=3) prior to the year for which it was allocated, and
  - (4) contravention of any other provision of the permit.

  Permits issued to implement this subchapter shall be issued for a period of 5 years, notwithstanding subchapter V. No permit shall be issued that is inconsistent with the requirements of this subchapter, and subchapter V as applicable.

- (b) **Compliance plan—** Each initial permit application shall be accompanied by a [compliance plan](/usc/42/7651a.md?p=6) for the source to comply with its requirements under this subchapter. Where an [affected source](/usc/42/7651a.md?p=1) consists of more than one [affected unit](/usc/42/7651a.md?p=2), such plan shall cover all such [units](/usc/42/7651a.md?p=15), and for purposes of [section 7661a(c) of this title](/usc/42/7661a.md?p=c), such source shall be considered a “facility”. Nothing in this section regarding [compliance plans](/usc/42/7651a.md?p=6) or in subchapter V shall be construed as affecting [allowances](/usc/42/7651a.md?p=3). Except as provided under [subsection (c)(1)(B)](#c-1-B), submission of a statement by the [owner](/usc/42/13641.md?p=4) or operator, or the [designated representative](/usc/42/7651a.md?p=26) of the [owners](/usc/42/13641.md?p=4) and operators, of a [unit](/usc/42/7651a.md?p=15) subject to the emissions limitation requirements of sections [7651c](/usc/42/7651c.md), [7651d](/usc/42/7651d.md), and [7651f](/usc/42/7651f.md) of this title, that the [unit](/usc/42/7651a.md?p=15) will meet the applicable emissions limitation requirements of such sections in a timely manner or that, in the case of the emissions limitation requirements of sections [7651c](/usc/42/7651c.md) and [7651d](/usc/42/7651d.md) of this title, the [owners](/usc/42/13641.md?p=4) and operators will hold [allowances](/usc/42/7651a.md?p=3) to emit not less than the total annual emissions of the [unit](/usc/42/7651a.md?p=15), shall be deemed to meet the proposed and approved compliance planning requirements of this section and subchapter V, except that, for any [unit](/usc/42/7651a.md?p=15) that will meet the requirements of this subchapter by means of an [alternative method of compliance](/usc/42/7651a.md?p=20) authorized under [section 7651c(b)](/usc/42/7651c.md?p=b), (c), (d), or (f) of this title[^1] [section 7651f(d)](/usc/42/7651f.md?p=d) or (e) of this title, [section 7651h of this title](/usc/42/7651h.md) and [section 7651i of this title](/usc/42/7651i.md), the proposed and approved [compliance plan](/usc/42/7651a.md?p=6), permit application and permit shall include, pursuant to regulations promulgated by the [Administrator](/usc/42/7602.md?p=a), for each [alternative method of compliance](/usc/42/7651a.md?p=20) a comprehensive description of the schedule and means by which the [unit](/usc/42/7651a.md?p=15) will rely on one or more alternative methods of compliance in the manner and time authorized under this subchapter. Recordation by the [Administrator](/usc/42/7602.md?p=a) of transfers of [allowances](/usc/42/7651a.md?p=3) shall amend automatically all applicable proposed or approved permit applications, [compliance plans](/usc/42/7651a.md?p=6) and permits. The [Administrator](/usc/42/7602.md?p=a) may also require—
  - (1) for a source, a demonstration of attainment of national ambient air quality standards, and
  - (2) from the [owner](/usc/42/13641.md?p=4) or operator of two or more [affected sources](/usc/42/7651a.md?p=1), an integrated [compliance plan](/usc/42/7651a.md?p=6) providing an overall plan for achieving compliance at the [affected sources](/usc/42/7651a.md?p=1).
- (c) **First phase permits—** The [Administrator](/usc/42/7602.md?p=a) shall issue permits to [affected sources](/usc/42/7651a.md?p=1) under sections [7651c](/usc/42/7651c.md) and [7651f](/usc/42/7651f.md) of this title.
  - (1) **Permit application and compliance plan—**
    - (A) Not later than 27 months after November 15, 1990, the [designated representative](/usc/42/7651a.md?p=26) of the [owners](/usc/42/13641.md?p=4) or operators, or the [owner](/usc/42/13641.md?p=4) and operator, of each [affected source](/usc/42/7651a.md?p=1) under sections [7651c](/usc/42/7651c.md) and [7651f](/usc/42/7651f.md) of this title shall submit a permit application and [compliance plan](/usc/42/7651a.md?p=6) for that source in accordance with regulations issued by the [Administrator](/usc/42/7602.md?p=a) under [paragraph (3)](#c-3). The permit application and the [compliance plan](/usc/42/7651a.md?p=6) shall be binding on the [owner](/usc/42/13641.md?p=4) or operator or the [designated representative](/usc/42/7651a.md?p=26) of [owners](/usc/42/13641.md?p=4) and operators for purposes of this subchapter and [section 7651a(a)](/usc/42/7651a.md)[^2] of this title, and shall be enforceable in lieu of a permit until a permit is issued by the [Administrator](/usc/42/7602.md?p=a) for the source.
    - (B) In the case of a [compliance plan](/usc/42/7651a.md?p=6) for an [affected source](/usc/42/7651a.md?p=1) under sections [7651c](/usc/42/7651c.md) and [7651f](/usc/42/7651f.md) of this title for which the [owner](/usc/42/13641.md?p=4) or operator proposes to meet the requirements of that section by reducing utilization of the [unit](/usc/42/7651a.md?p=15) as compared with its [baseline](/usc/42/7651a.md?p=4) or by shutting down the [unit](/usc/42/7651a.md?p=15), the [owner](/usc/42/13641.md?p=4) or operator shall include in the proposed [compliance plan](/usc/42/7651a.md?p=6) a specification of the [unit](/usc/42/7651a.md?p=15) or [units](/usc/42/7651a.md?p=15) that will provide electrical generation to compensate for the reduced output at the [affected source](/usc/42/7651a.md?p=1), or a demonstration that such reduced utilization will be accomplished through energy conservation or improved [unit](/usc/42/7651a.md?p=15) efficiency. The [unit](/usc/42/7651a.md?p=15) to be used for such compensating generation, which is not otherwise an [affected unit](/usc/42/7651a.md?p=2) under sections [7651c](/usc/42/7651c.md) and [7651f](/usc/42/7651f.md) of this title, shall be deemed an [affected unit](/usc/42/7651a.md?p=2) under [section 7651c of this title](/usc/42/7651c.md), subject to all of the requirements for such [units](/usc/42/7651a.md?p=15) under this subchapter, except that [allowances](/usc/42/7651a.md?p=3) shall be allocated to such compensating [unit](/usc/42/7651a.md?p=15) in the amount of an annual limitation equal to the product of the [unit](/usc/42/7651a.md?p=15)’s [baseline](/usc/42/7651a.md?p=4) multiplied by the lesser of the [unit](/usc/42/7651a.md?p=15)’s actual 1985 emissions rate or its [allowable 1985 emissions rate](/usc/42/7651a.md?p=18), divided by 2,000.
  - (2) **EPA action on compliance plans—** The [Administrator](/usc/42/7602.md?p=a) shall review each proposed [compliance plan](/usc/42/7651a.md?p=6) to determine whether it satisfies the requirements of this subchapter, and shall approve or disapprove such plan within 6 months after receipt of a complete submission. If a plan is disapproved, it may be resubmitted for approval with such changes as the [Administrator](/usc/42/7602.md?p=a) shall require consistent with the requirements of this subchapter and within such period as the [Administrator](/usc/42/7602.md?p=a) prescribes as part of such disapproval.
  - (3) **Regulations; issuance of permits—** Not later than 18 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall promulgate regulations, in accordance with subchapter V, to implement a Federal permit program to issue permits for [affected sources](/usc/42/7651a.md?p=1) under this subchapter. Following promulgation, the [Administrator](/usc/42/7602.md?p=a) shall issue a permit to implement the requirements of [section 7651c of this title](/usc/42/7651c.md) and the [allowances](/usc/42/7651a.md?p=3) provided under [section 7651b of this title](/usc/42/7651b.md) to the [owner](/usc/42/13641.md?p=4) or operator of each [affected source](/usc/42/7651a.md?p=1) under [section 7651c of this title](/usc/42/7651c.md). Such a permit shall supersede any permit application and [compliance plan](/usc/42/7651a.md?p=6) submitted under [paragraph (1)](#c-1).
  - (4) **Fees—** During the years 1995 through 1999 inclusive, no fee shall be required to be paid under [section 7661a(b)(3) of this title](/usc/42/7661a.md?p=b-3) or under [section 7410(a)(2)(L) of this title](/usc/42/7410.md?p=a-2-L) with respect to emissions from any [unit](/usc/42/7651a.md?p=15) which is an [affected unit](/usc/42/7651a.md?p=2) under [section 7651c of this title](/usc/42/7651c.md).
- (d) **Second phase permits—**
  - (1) To provide for permits for (A) new electric utility steam generating [units](/usc/42/7651a.md?p=15) required under [section 7651b(e) of this title](/usc/42/7651b.md?p=e) to have [allowances](/usc/42/7651a.md?p=3), (B) [affected units](/usc/42/7651a.md?p=2) or sources under [section 7651d of this title](/usc/42/7651d.md), and (C) [existing units](/usc/42/7651a.md?p=8) subject to nitrogen oxide emission reductions under [section 7651f of this title](/usc/42/7651f.md), each [State](/usc/42/7651a.md?p=14) in which one or more such [units](/usc/42/7651a.md?p=15) or sources are located shall submit in accordance with subchapter V, a permit program for approval as provided by that subchapter. Upon approval of such program, for the [units](/usc/42/7651a.md?p=15) or sources subject to such approved program the [Administrator](/usc/42/7602.md?p=a) shall suspend the issuance of permits as provided in subchapter V.
  - (2) The [owner](/usc/42/13641.md?p=4) or operator or the [designated representative](/usc/42/7651a.md?p=26) of each [affected source](/usc/42/7651a.md?p=1) under [section 7651d of this title](/usc/42/7651d.md) shall submit a permit application and [compliance plan](/usc/42/7651a.md?p=6) for that source to the [permitting authority](/usc/42/7651a.md?p=11), not later than January 1, 1996.
  - (3) Not later than December 31, 1997, each [State](/usc/42/7651a.md?p=14) with an approved permit program shall issue permits to the [owner](/usc/42/13641.md?p=4) or operator, or the [designated representative](/usc/42/7651a.md?p=26) of the [owners](/usc/42/13641.md?p=4) and operators, of [affected sources](/usc/42/7651a.md?p=1) under [section 7651d of this title](/usc/42/7651d.md) that satisfy the requirements of subchapter V and this subchapter and that submitted to such [State](/usc/42/7651a.md?p=14) a permit application and [compliance plan](/usc/42/7651a.md?p=6) pursuant to [paragraph (2)](#d-2). In the case of a [State](/usc/42/7651a.md?p=14) without an approved permit program by July 1, 1996, the [Administrator](/usc/42/7602.md?p=a) shall, not later than January 1, 1998, issue a permit to the [owner](/usc/42/13641.md?p=4) or operator or the [designated representative](/usc/42/7651a.md?p=26) of each such [affected source](/usc/42/7651a.md?p=1). In the case of [affected sources](/usc/42/7651a.md?p=1) for which applications and plans are timely received under [paragraph (2)](#d-2), the permit application and the [compliance plan](/usc/42/7651a.md?p=6), including amendments thereto, shall be binding on the [owner](/usc/42/13641.md?p=4) or operator or the [designated representative](/usc/42/7651a.md?p=26) of the [owners](/usc/42/13641.md?p=4) or operators and shall be enforceable as a permit for purposes of this subchapter and subchapter V until a permit is issued by the [permitting authority](/usc/42/7651a.md?p=11) for the [affected source](/usc/42/7651a.md?p=1). The provisions of [section 558(c) of title 5](/usc/5/558.md?p=c) (relating to renewals) shall apply to permits issued by a [permitting authority](/usc/42/7651a.md?p=11) under this subchapter and subchapter V.
  - (4) The permit issued in accordance with this subsection for an [affected source](/usc/42/7651a.md?p=1) shall provide that the [affected units](/usc/42/7651a.md?p=2) at the [affected source](/usc/42/7651a.md?p=1) may not emit an annual tonnage of sulfur dioxide in excess of the number of [allowances](/usc/42/7651a.md?p=3) to emit sulfur dioxide the [owner](/usc/42/13641.md?p=4) or operator or [designated representative](/usc/42/7651a.md?p=26) hold for the [unit](/usc/42/7651a.md?p=15).
- (e) **New units—** The [owner](/usc/42/13641.md?p=4) or operator of each source that includes a new electric utility steam generating [unit](/usc/42/7651a.md?p=15) shall submit a permit application and [compliance plan](/usc/42/7651a.md?p=6) to the [permitting authority](/usc/42/7651a.md?p=11) not later than 24 months before the later of (1) January 1, 2000, or (2) the date on which the [unit](/usc/42/7651a.md?p=15) commences operation. The [permitting authority](/usc/42/7651a.md?p=11) shall issue a permit to the [owner](/usc/42/13641.md?p=4) or operator, or the [designated representative](/usc/42/7651a.md?p=26) thereof, of the [unit](/usc/42/7651a.md?p=15) that satisfies the requirements of subchapter V and this subchapter.
- (f) **Units subject to certain other limits—** The [owner](/usc/42/13641.md?p=4) or operator, or [designated representative](/usc/42/7651a.md?p=26) thereof, of any [unit](/usc/42/7651a.md?p=15) subject to an emission rate requirement under [section 7651f of this title](/usc/42/7651f.md) shall submit a permit application and [compliance plan](/usc/42/7651a.md?p=6) for such [unit](/usc/42/7651a.md?p=15) to the [permitting authority](/usc/42/7651a.md?p=11), not later than January 1, 1998. The [permitting authority](/usc/42/7651a.md?p=11) shall issue a permit to the [owner](/usc/42/13641.md?p=4) or operator that satisfies the requirements of subchapter V and this subchapter, including any appropriate monitoring and reporting requirements.
- (g) **Amendment of application and compliance plan—** At any time after the submission of an application and [compliance plan](/usc/42/7651a.md?p=6) under this section, the applicant may submit a revised application and [compliance plan](/usc/42/7651a.md?p=6), in accordance with the requirements of this section. In considering any permit application and [compliance plan](/usc/42/7651a.md?p=6) under this subchapter, the [permitting authority](/usc/42/7651a.md?p=11) shall ensure coordination with the applicable electric ratemaking authority, in the case of regulated utilities, and with unregulated public utilities.
- (h) **Prohibition—**
  - (1) It shall be unlawful for an [owner](/usc/42/13641.md?p=4) or operator, or [designated representative](/usc/42/7651a.md?p=26), required to submit a permit application or [compliance plan](/usc/42/7651a.md?p=6) under this subchapter to fail to submit such application or plan in accordance with the deadlines specified in this section or to otherwise fail to comply with regulations implementing this section.
  - (2) It shall be unlawful for any [person](/usc/42/7602.md?p=e) to operate any source subject to this subchapter except in compliance with the terms and requirements of a permit application and [compliance plan](/usc/42/7651a.md?p=6) (including amendments thereto) or permit issued by the [Administrator](/usc/42/7602.md?p=a) or a [State](/usc/42/7651a.md?p=14) with an approved permit program. For purposes of this subsection, compliance, as provided in [section 7661c(f) of this title](/usc/42/7661c.md?p=f), with a permit issued under subchapter V which complies with this subchapter for sources subject to this subchapter shall be deemed compliance with this subsection as well as [section 7661a(a) of this title](/usc/42/7661a.md?p=a).
  - (3) In order to ensure reliability of electric power, nothing in this subchapter or subchapter V shall be construed as requiring termination of operations of an electric utility steam generating [unit](/usc/42/7651a.md?p=15) for failure to have an approved permit or [compliance plan](/usc/42/7651a.md?p=6), except that any such [unit](/usc/42/7651a.md?p=15) may be subject to the applicable enforcement provisions of [section 7413 of this title](/usc/42/7413.md).
- (i) **Multiple owners—** No permit shall be issued under this section to an [affected unit](/usc/42/7651a.md?p=2) until the [designated representative](/usc/42/7651a.md?p=26) of the [owners](/usc/42/13641.md?p=4) or operators has filed a certificate of representation with regard to matters under this subchapter, including the holding and distribution of [allowances](/usc/42/7651a.md?p=3) and the proceeds of transactions involving [allowances](/usc/42/7651a.md?p=3). Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, such a [unit](/usc/42/7651a.md?p=15), or where a utility or industrial [customer](/usc/42/7275.md?p=5) purchases power from an [affected unit](/usc/42/7651a.md?p=2) (or [units](/usc/42/7651a.md?p=15)) under [life-of-the-unit, firm power contractual arrangements](/usc/42/7651a.md?p=27), the certificate shall [state](/usc/42/7651a.md?p=14) (1) that [allowances](/usc/42/7651a.md?p=3) and the proceeds of transactions involving [allowances](/usc/42/7651a.md?p=3) will be deemed to be held or distributed in proportion to each holder’s legal, equitable, leasehold, or contractual reservation or entitlement, or (2) if such multiple holders have expressly provided for a different distribution of [allowances](/usc/42/7651a.md?p=3) by contract, that [allowances](/usc/42/7651a.md?p=3) and the proceeds of transactions involving [allowances](/usc/42/7651a.md?p=3) will be deemed to be held or distributed in accordance with the contract. A passive lessor, or a [person](/usc/42/7602.md?p=e) who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the [affected unit](/usc/42/7651a.md?p=2) shall not be deemed to be a holder of a legal, equitable, leasehold, or contractual interest for the purpose of holding or distributing [allowances](/usc/42/7651a.md?p=3) as provided in this subsection, during either the term of such leasehold or thereafter, unless expressly provided for in the leasehold agreement. Except as otherwise provided in this subsection, where all legal or equitable title to or interest in an [affected unit](/usc/42/7651a.md?p=2) is held by a single [person](/usc/42/7602.md?p=e), the certification shall [state](/usc/42/7651a.md?p=14) that all [allowances](/usc/42/7651a.md?p=3) received by the [unit](/usc/42/7651a.md?p=15) are deemed to be held for that [person](/usc/42/7602.md?p=e).

## Footnotes

[^1]: So in original. Probably should be followed by a comma.
[^2]: So in original. Section 7651a of this title does not contain subsections.

## Source credit

(July 14, 1955, ch. 360, title IV, § 408, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2616.)