Page:United States Statutes at Large Volume 104 Part 4.djvu/327

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2643 the permitting authority in advance of each change in location. The permitting authority may require a separate permit fee for operations at each location. "(f) PERMIT SHIELD.— Compliance with a permit issued in accordance with this title shall be deemed compliance with section 502. Except as otherwise provided by the Administrator by rule, the permit may also provide that compliance with the permit shall be deemed compliance with other applicable provisions of this Act that relate to the permittee if— "(1) the permit includes the applicable requirements of such provisions, or "(2) the permitting authority in acting on the permit application makes a determination relating to the permittee that such other provisions (which shall be referred to in such determination) are not applicable and the permit includes the determination or a concise summary thereof. Nothing in the preceding sentence shall alter or affect the provisions of section 303, including the authority of the Administrator under that section. "SEC. 505. NOTIFICATION TO ADMINISTRATOR AND CONTIGUOUS STATES. 42 USC 7661d. "(a) TRANSMISSION AND NOTICE. —(1) Each permitting authority— "(A) shall transmit to the Administrator a copy of each permit application (and any application for a permit modification or renewal) or such portion thereof, including any compliance plan, as the Administrator may require to effectively review the application and otherwise to carry out the Administrator's responsibilities under this Act, and "(B) shall provide to the Administrator a copy of each permit proposed to be issued and issued as a final permit. "(2) The permitting authority shall notify all States— "(A) whose air quality may be affected and that are contiguous to the State 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 under this section, and shall provide an opportunity for such States 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, such authority shall notify the State submitting the recommendations and the Administrator 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 as not in compliance with the applicable requirements of this Act, including the requirements of an applicable implementation plan, the Administrator shall, in accordance with this subsection, object to its issuance. The permitting authority shall respond in writing if the Administrator (A) within 45 days after receiving a copy of the proposed permit under subsection (a)(1), or (B) within 45 days after receiving notification under subsection (a)(2), objects in writing to its issuance as not in compliance with such requirements. With the objection, the Administrator 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 does not object in writing to the issuance of a permit pursuant to paragraph (1), any person may petition the

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