--- kind: "section" citation: "42 U.S.C. § 7661d" title: "42" title_heading: "The Public Health and Welfare" number: "7661d" heading: "Notification to Administrator and contiguous States" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/7661d" units: - "Chapter 85 — Air Pollution Prevention and Control" - "Subchapter V — Permits" --- # §7661d. Notification to Administrator and contiguous States - (a) **Transmission and notice—** - (1) Each [permitting authority](/usc/42/7661.md?p=4)— - (A) shall transmit to the [Administrator](/usc/42/7602.md?p=a) a copy of each permit application (and any application for a permit [modification](/usc/42/7501.md?p=4) or renewal) or such portion thereof, including any compliance plan, as the [Administrator](/usc/42/7602.md?p=a) may require to effectively review the application and otherwise to carry out the [Administrator](/usc/42/7602.md?p=a)’s responsibilities under this chapter, and - (B) shall provide to the [Administrator](/usc/42/7602.md?p=a) a copy of each permit proposed to be issued and issued as a final permit. - (2) The [permitting authority](/usc/42/7661.md?p=4) shall notify all [States](/usc/42/7602.md?p=d)— - (A) whose air quality may be affected and that are contiguous to the [State](/usc/42/7602.md?p=d) in which the emission originates, or - (B) that are within 50 miles of the source, of each permit application or proposed permit forwarded to the [Administrator](/usc/42/7602.md?p=a) under this section, and shall provide an opportunity for such [States](/usc/42/7602.md?p=d) to submit written recommendations respecting the issuance of the permit and its terms and conditions. If any part of those recommendations are not accepted by the [permitting authority](/usc/42/7661.md?p=4), such authority shall notify the [State](/usc/42/7602.md?p=d) submitting the recommendations and the [Administrator](/usc/42/7602.md?p=a) in writing of its failure to accept those recommendations and the reasons therefor. - (b) **Objection by EPA—** - (1) If any permit contains provisions that are determined by the [Administrator](/usc/42/7602.md?p=a) as not in compliance with the applicable requirements of this chapter, including the requirements of an [applicable implementation plan](/usc/42/7602.md?p=q), the [Administrator](/usc/42/7602.md?p=a) shall, in accordance with this subsection, object to its issuance. The [permitting authority](/usc/42/7661.md?p=4) shall respond in writing if the [Administrator](/usc/42/7602.md?p=a) (A) within 45 days after receiving a copy of the proposed permit under subsection [(a)(1)](#a-1), or (B) within 45 days after receiving notification under [subsection (a)(2)](#a-2), objects in writing to its issuance as not in compliance with such requirements. With the objection, the [Administrator](/usc/42/7602.md?p=a) shall provide a statement of the reasons for the objection. A copy of the objection and statement shall be provided to the applicant. - (2) If the [Administrator](/usc/42/7602.md?p=a) does not object in writing to the issuance of a permit pursuant to [paragraph (1)](#b-1), any [person](/usc/42/7602.md?p=e) may petition the [Administrator](/usc/42/7602.md?p=a) within 60 days after the expiration of the 45-day review period specified in [paragraph (1)](#b-1) to take such action. A copy of such petition shall be provided to the [permitting authority](/usc/42/7661.md?p=4) and the applicant by the petitioner. The petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the permitting [agency](/usc/42/8262.md?p=1) (unless the petitioner demonstrates in the petition to the [Administrator](/usc/42/7602.md?p=a) that it was impracticable to raise such objections within such period or unless the grounds for such objection arose after such period). The petition shall identify all such objections. If the permit has been issued by the permitting [agency](/usc/42/8262.md?p=1), such petition shall not postpone the effectiveness of the permit. The [Administrator](/usc/42/7602.md?p=a) shall grant or deny such petition within 60 days after the petition is filed. The [Administrator](/usc/42/7602.md?p=a) shall issue an objection within such period if the petitioner demonstrates to the [Administrator](/usc/42/7602.md?p=a) that the permit is not in compliance with the requirements of this chapter, including the requirements of the [applicable implementation plan](/usc/42/7602.md?p=q). Any denial of such petition shall be subject to judicial review under [section 7607 of this title](/usc/42/7607.md). The [Administrator](/usc/42/7602.md?p=a) shall include in regulations under this subchapter provisions to implement this paragraph. The [Administrator](/usc/42/7602.md?p=a) may not delegate the requirements of this paragraph. - (3) Upon receipt of an objection by the [Administrator](/usc/42/7602.md?p=a) under this subsection, the [permitting authority](/usc/42/7661.md?p=4) may not issue the permit unless it is revised and issued in accordance with [subsection (c)](#c). If the [permitting authority](/usc/42/7661.md?p=4) has issued a permit prior to receipt of an objection by the [Administrator](/usc/42/7602.md?p=a) under paragraph (2) of this subsection, the [Administrator](/usc/42/7602.md?p=a) shall modify, terminate, or revoke such permit and the [permitting authority](/usc/42/7661.md?p=4) may thereafter only issue a revised permit in accordance with [subsection (c)](#c). - (c) **Issuance or denial—** If the [permitting authority](/usc/42/7661.md?p=4) fails, within 90 days after the date of an objection under [subsection (b)](#b), to submit a permit revised to meet the objection, the [Administrator](/usc/42/7602.md?p=a) shall issue or deny the permit in accordance with the requirements of this subchapter. No objection shall be subject to judicial review until the [Administrator](/usc/42/7602.md?p=a) takes final action to issue or deny a permit under this subsection. - (d) **Waiver of notification requirements—** - (1) The [Administrator](/usc/42/7602.md?p=a) may waive the requirements of subsections [(a)](#a) and [(b)](#b) at the time of approval of a permit program under this subchapter for any category (including any class, type, or size within such category) of sources covered by the program other than [major sources](/usc/42/7661.md?p=2). - (2) The [Administrator](/usc/42/7602.md?p=a) may, by regulation, establish categories of sources (including any class, type, or size within such category) to which the requirements of subsections [(a)](#a) and [(b)](#b) shall not apply. The preceding sentence shall not apply to [major sources](/usc/42/7661.md?p=2). - (3) The [Administrator](/usc/42/7602.md?p=a) may exclude from any waiver under this subsection notification under [subsection (a)(2)](#a-2). Any waiver granted under this subsection may be revoked or [modified](/usc/42/7501.md?p=4) by the [Administrator](/usc/42/7602.md?p=a) by rule. - (e) **Refusal of permitting authority to terminate, modify, or revoke and reissue—** If the [Administrator](/usc/42/7602.md?p=a) finds that cause exists to terminate, modify, or revoke and reissue a permit under this subchapter, the [Administrator](/usc/42/7602.md?p=a) shall notify the [permitting authority](/usc/42/7661.md?p=4) and the source of the [Administrator](/usc/42/7602.md?p=a)’s finding. The [permitting authority](/usc/42/7661.md?p=4) shall, within 90 days after receipt of such notification, forward to the [Administrator](/usc/42/7602.md?p=a) under this section a proposed determination of termination, [modification](/usc/42/7501.md?p=4), or revocation and reissuance, as appropriate. The [Administrator](/usc/42/7602.md?p=a) may extend such 90 day period for an additional 90 days if the [Administrator](/usc/42/7602.md?p=a) finds that a new or revised permit application is necessary, or that the [permitting authority](/usc/42/7661.md?p=4) must require the permittee to submit additional information. The [Administrator](/usc/42/7602.md?p=a) may review such proposed determination under the provisions of subsections [(a)](#a) and [(b)](#b). If the [permitting authority](/usc/42/7661.md?p=4) fails to submit the required proposed determination, or if the [Administrator](/usc/42/7602.md?p=a) objects and the [permitting authority](/usc/42/7661.md?p=4) fails to resolve the objection within 90 days, the [Administrator](/usc/42/7602.md?p=a) may, after notice and in accordance with fair and reasonable procedures, terminate, modify, or revoke and reissue the permit. ## Source credit (July 14, 1955, ch. 360, title V, § 505, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2643.)