Sec. 10. (a) This section applies to the issuance or denial of an operating permit under the operating permit program established under 42 U.S.C. 7661 through 7661f.
(b) If:
(1) an applicant has submitted a timely and complete application for a permit required under the operating permit program; and
(2) final action has not been taken on the application;
the applicant's failure to have a permit is not a violation of this article until after final agency action is taken on the permit application.