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42 U.S.C. § 7476 — Other pollutants

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7476 — Other pollutants

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Source file: Laws/federal/codes/united-states-code/title-42/section-7476-other-pollutants--fc4bbd66b8.md
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Source location: Title 42, Chapter 85, § 7476; chapter-085-air-pollution-prevention-and-control.md

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**(a) Hydrocarbons, carbon monoxide, petrochemical oxidants, and nitrogen oxides** In the case of the pollutants hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides, the Administrator shall conduct a study and not later than two years after August 7, 1977, promulgate regulations to prevent the significant deterioration of air quality which would result from the emissions of such pollutants. In the case of pollutants for which national ambient air quality standards are promulgated after August 7, 1977, he shall promulgate such regulations not more than 2 years after the date of promulgation of such standards. **(b) Effective date of regulations** Regulations referred to in subsection (a) shall become effective one year after the date of promulgation. Within 21 months after such date of promulgation such plan revision shall be submitted to the Administrator who shall approve or disapprove the plan within 25 months after such date or 11 So in original. Probably should be “of”. promulgation in the same manner as required under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim). **(c) Contents of regulations** Such regulations shall provide specific numerical measures against which permit applications may be evaluated, a framework for stimulating improved control technology, protection of air quality values, and fulfill the goals and purposes set forth in section 7401 and [section 7470 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7470&num=0&edition=prelim). **(d) Specific measures to fulfill goals and purposes** The regulations of the Administrator under subsection (a) shall provide specific measures at least as effective as the increments established in [section 7473 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7473&num=0&edition=prelim) to fulfill such goals and purposes, and may contain air quality increments, emission density requirements, or other measures. **(e) Area classification plan not required** With respect to any air pollutant for which a national ambient air quality standard is established other than sulfur oxides or particulate matter, an area classification plan shall not be required under this section if the implementation plan adopted by the State and submitted for the Administrator’s approval or promulgated by the Administrator under [section 7410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/c&num=0&edition=prelim) contains other provisions which when considered as a whole, the Administrator finds will carry out the purposes in [section 7470 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7470&num=0&edition=prelim) at least as effectively as an area classification plan for such pollutant. Such other provisions referred to in the preceding sentence need not require the establishment of maximum allowable increases with respect to such pollutant for any area to which this section applies. **(f) PM–10 increments** The Administrator is authorized to substitute, for the maximum allowable increases in particulate matter specified in [section 7473(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7473/b&num=0&edition=prelim) and [section 7475(d)(2)(C)(iv) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7475/d/2/C/iv&num=0&edition=prelim), maximum allowable increases in particulate matter with an aerodynamic diameter smaller than or equal to 10 micrometers. Such substituted maximum allowable increases shall be of equal stringency in effect as those specified in the provisions for which they are substituted. Until the Administrator promulgates regulations under the authority of this subsection, the current maximum allowable increases in concentrations of particulate matter shall remain in effect.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7410 — State implementation plans for national primary and secondary ambient air quality standards

**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems** (1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. (2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall— (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7470 — Congressional declaration of purpose

The purposes of this part are as follows: (1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator’s judgment may reasonably be anticipate 11 So in original. Probably should be “anticipated”. to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air) 22 So in original. Section was enacted without an opening parenthesis., notwithstanding attainment and maintenance of all national ambient air quality standards; (2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value; (3) to insure that economic growth will occur in a manner consistent with the preservation of existing clean air resources; (4) to assure that emissions from any source in any State will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and (5) to assure that any decision to permit increased air pollution in any area to which this section applies is made only after careful evaluation of all the consequences of such a decision and after adequate procedural opportunities for informed public participation in the decisionmaking process.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7473 — Increments and ceilings

**(a) Sulfur oxide and particulate matter; requirement that maximum allowable increases and maximum allowable concentrations not be exceeded** In the case of sulfur oxide and particulate matter, each applicable implementation plan shall contain measures assuring that maximum allowable increases over baseline concentrations of, and maximum allowable concentrations of, such pollutant shall not be exceeded. In the case of any maximum allowable increase (except an allowable increase specified under [section 7475(d)(2)(C)(iv) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7475/d/2/C/iv&num=0&edition=prelim)) for a pollutant based on concentrations permitted under national ambient air quality standards for any period other than an annual period, such regulations shall permit such maximum allowable increase to be exceeded during one such period per year. **(b) Maximum allowable increases in concentrations over baseline concentrations** (1) For any class I area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: Pollutant Maximum allowable increase (in micrograms per cubic meter) Particulate matter: Annual geometric mean5 Twenty-four-hour maximum10 Sulfur dioxide: Annual arithmetic mean2 Twenty-four-hour maximum5 Three-hour maximum25 (2) For any class II area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: Pollutant Maximum allowable increase (in micrograms per cubic meter) Particulate matter: Annual geometric mean19 Twenty-four-hour maximum37 Sulfur dioxide: Annual arithm

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7511 — Classifications and attainment dates

**(a) Classification and attainment dates for 1989 nonattainment areas** (1) Each area designated nonattainment for ozone pursuant to [section 7407(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim) shall be classified at the time of such designation, under table 1, by operation of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area based on the design value for the area. The design value shall be calculated according to the interpretation methodology issued by the Administrator most recently before November 15, 1990. For each area classified under this subsection, the primary standard attainment date for ozone shall be as expeditiously as practicable but not later than the date provided in table 1. TABLE 1 Area classDesign value*Primary standardattainment date** *The design value is measured in parts per million (ppm). **The primary standard attainment date is measured from November 15, 1990. Marginal0.121 up to 0.1383 years after November 15, 1990 Moderate0.138 up to 0.1606 years after November 15, 1990 Serious0.160 up to 0.1809 years after November 15, 1990 Severe0.180 up to 0.28015 years after November 15, 1990 Extreme0.280 and above20 years after November 15, 1990 (2) Notwithstanding table 1, in the case of a severe area with a 1988 ozone design value between 0.190 and 0.280 ppm, the attainment date shall be 17 years (in lieu of 15 years) after November 15, 1990. (3) At the time of publication of the notice under [section 7407(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d/4&num=0&edition=prelim) (relating to area designations) for each ozone nonattainment area, the Administrator shall publish a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7476 — Other pollutants

Page 7267 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7476 such variance is in the national interest. No Presidential finding shall be reviewable in any court. The variance shall take effect if the President approves the Governor’s recommenda- tions. The President shall approve or disapprove such recommendation within ninety days after his receipt of the recommendations of the Gov- ernor and the Federal Land Manager. (iii) In the case of a permit issued pursuant to this subparagraph, such facility shall comply with such emission limitations under such per- mit as may be necessary to assure that emis- sions of sulfur oxides from such facility will not (during any day on which the otherwise applica- ble maximum allowable increases are exceeded) cause or contribute to concentrations which ex- ceed the following maximum allowable increases for such areas over the baseline concentration for such pollutant and to assure that such emis- sions will not cause or contribute to concentra- tions which exceed the otherwise applicable maximum allowable increases for periods of ex- posure of 24 hours or less on more than 18 days during any annual period: MAXIMUM ALLOWABLE INCREASE (In micrograms per cubic meter) Period of exposure Low terrain areas High terrain areas 24-hr maximum ......................................... 36 62 3-hr maximum .......................................... 130 221 (iv) For purposes of clause (iii), the term ‘‘high terrain area’’ means with respect to any facil- ity, any area having an elevation of 900 feet or more above the base of the stack of such facil- ity, and the term ‘‘low terrain area’’ means any area other than a high terrain area. (e) Analysis; continuous air quality monitoring data; regulations; model adjustments (1) The

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