Page:United States Statutes at Large Volume 104 Part 4.djvu/320

 104 STAT. 2636 PUBLIC LAW 101-549—NOV. 15, 1990 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 following: "(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, "(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 reference). "(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

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