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

Page 7263 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7473 1 So in original. The period probably should be a comma. Subsec. (b). Pub. L. 101–549, § 110(2), substituted ‘‘des- ignated pursuant to section 7407(d) of this title as at- tainment or unclassifiable’’ for ‘‘identified pursuant to section 7407(d)(1)(D) or (E) of this title’’. 1977—Subsec. (a)(4). Pub. L. 95–190 inserted a comma after ‘‘size’’. § 7473. Increments and ceilings (a) Sulfur oxide and particulate matter; require- ment 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) for a pollutant based on concentrations permitted under na- tional ambient air quality standards for any pe- riod other than an annual period, such regula- tions shall permit such maximum allowable in- crease to be exceeded during one such period per year. (b) Maximum allowable increases in concentra- tions over baseline concentrations (1) For any class I area, the maximum allow- able increase in concentrations of sulfur dioxide and particulate matter over the baseline con- centration of such pollutants shall not exceed the following amounts: Pollutant Maximum al- lowable in- crease (in micrograms per cubic meter) Particulate matter: Annual geometric mean .................... 5 Twenty-four-hour maximum ............. 10 Sulfur dioxide: Annual arithmetic mean ................... 2 Twenty-four-hour maximum ............. 5 Three-hour maximum ........................ 25 (2) For any class II area, the maximum allow- able increase in concentrations of sulfur dioxide and particulate matter over the baseline con- centration of such pollutants shall not exceed the following amounts: Pollutant Maximum al- lowable in- crease (in micrograms per cubic meter) Particulate matter: Annual geometric mean .................... 19 Twenty-four-hour maximum ............. 37 Sulfur dioxide: Annual arithmetic mean ................... 20 Twenty-four-hour maximum ............. 91 Three-hour maximum ........................ 512 (3) For any class III area, the maximum allow- able increase in concentrations of sulfur dioxide and particulate matter over the baseline con- centration of such pollutants shall not exceed the following amounts: Pollutant Maximum al- lowable in- crease (in micrograms per cubic meter) Particulate matter: Annual geometric mean .................... 37 Twenty-four-hour maximum ............. 75 Sulfur dioxide: Annual arithmetic mean ................... 40 Twenty-four-hour maximum ............. 182 Three-hour maximum ........................ 700 (4) The maximum allowable concentration of any air pollutant in any area to which this part applies shall not exceed a concentration for such pollutant for each period of exposure equal to— (A) the concentration permitted under the national secondary ambient air quality stand- ard, or (B) the concentration permitted under the national primary ambient air quality stand- ard, whichever concentration is lowest for such pol- lutant for such period of exposure. (c) Orders or rules for determining compliance with maximum allowable increases in ambi- ent concentrations of air pollutants (1) In the case of any State which has a plan approved by the Administrator for purposes of carrying out this part, the Governor of such State may, after notice and opportunity for pub- lic hearing, issue orders or promulgate rules providing that for purposes of determining com- pliance with the maximum allowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account: (A) concentrations of such pollutant attrib- utable to the increase in emissions from sta- tionary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of an order which is in ef- fect under the provisions of sections 792(a) and (b) of title 15 (or any subsequent legislation which supersedes such provisions) over the emissions from such sources before the effec- tive date of such order.1 (B) the concentrations of such pollutant at- tributable to the increase in emissions from stationary sources which have converted from using natural gas by reason of a natural gas curtailment pursuant to a natural gas curtail- ment plan in effect pursuant to the Federal Power Act [16 U.S.C. 791a et seq.] over the emissions from such sources before the effec- tive date of such plan, (C) concentrations of particulate matter at- tributable to the increase in emissions from construction or other temporary emission-re- lated activities, and (D) the increase in concentrations attrib- utable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration determined in accord- ance with section 7479(4) of this title. (2) No action taken with respect to a source under paragraph (1)(A) or (1)(B) shall apply more Page 7264 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7474 1 So in original. Probably should be ‘‘paragraphs’’. than five years after the effective date of the order referred to in paragraph (1)(A) or the plan referred to in paragraph (1)(B), whichever is ap- plicable. If both such order and plan are applica- ble, no such action shall apply more than five years after the later of such effective dates. (3) No action under this subsection shall take effect unless the Governor submits the order or rule providing for such exclusion to the Admin- istrator and the Administrator determines that such order or rule is in compliance with the pro- visions of this subsection. (July 14, 1955, ch. 360, title I, § 163, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 732; amended Pub. L. 95–190, § 14(a)(41), Nov. 16, 1977, 91 Stat. 1401.) Editorial Notes REFERENCES IN TEXT The Federal Power Act, referred to in subsec. (c)(1)(B), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Ta- bles. AMENDMENTS 1977—Subsec. (a). Pub. L. 95–190 inserted ‘‘section’’ be- fore ‘‘7475’’. § 7474. Area redesignation (a) Authority of States to redesignate areas Except as otherwise provided under subsection (c), a State may redesignate such areas as it deems appropriate as class I areas. The fol- lowing areas may be redesignated only as class I or II: (1) an area which exceeds ten thousand acres in size and is a national monument, a national primitive area, a national preserve, a national recreation area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore, and (2) a national park or national wilderness area established after August 7, 1977, which ex- ceeds ten thousand acres in size. The extent of the areas referred to in para- graph 1 (1) and (2) shall conform to any changes in the boundaries of such areas which have oc- curred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990. Any area (other than an area referred to in para- graph (1) or (2) or an area established as class I under the first sentence of section 7472(a) of this title) may be redesignated by the State as class III if— (A) such redesignation has been specifically approved by the Governor of the State, after consultation with the appropriate Committees of the legislature if it is in session or with the leadership of the legislature if it is not in ses- sion (unless State law provides that such re- designation must be specifically approved by State legislation) and if general purpose units of local government representing a majority of the residents of the area so redesignated enact legislation (including for such units of local government resolutions where appropriate) concurring in the State’s redesignation; (B) such redesignation will not cause, or contribute to, concentrations of any air pol- lutant which exceed any maximum allowable increase or maximum allowable concentration permitted under the classification of any other area; and (C) such redesignation otherwise meets the requirements of this part. Subparagraph (A) of this paragraph shall not apply to area redesignations by Indian tribes. (b) Notice and hearing; notice to Federal land manager; written comments and rec- ommendations; regulations; disapproval of redesignation (1)(A) Prior to redesignation of any area under this part, notice shall be afforded and public hearings shall be conducted in areas proposed to be redesignated and in areas which may be af- fected by the proposed redesignation. Prior to any such public hearing a satisfactory descrip- tion and analysis of the health, environmental, economic, social, and energy effects of the pro- posed redesignation shall be prepared and made available for public inspection and prior to any such redesignation, the description and analysis of such effects shall be reviewed and examined by the redesignating authorities. (B) Prior to the issuance of notice under sub- paragraph (A) respecting the redesignation of any area under this subsection, if such area in- cludes any Federal lands, the State shall provide written notice to the appropriate Federal land manager and afford adequate opportunity (but not in excess of 60 days) to confer with the State respecting the intended notice of redesignation and to submit written comments and rec- ommendations with respect to such intended no- tice of redesignation. In redesignating any area under this section with respect to which any Federal land manager has submitted written comments and recommendations, the State shall publish a list of any inconsistency between such redesignation and such recommendations and an explanation of such inconsistency (to- gether with the reasons for making such redes- ignation against the recommendation of the Federal land manager). (C) The Administrator shall promulgate regu- lations not later than six months after August 7, 1977, to assure, insofar as practicable, that prior to any public hearing on redesignation of any area, there shall be available for public inspec- tion any specific plans for any new or modified major emitting facility which may be permitted to be constructed and operated only if the area in question is designated or redesignated as class III. (2) The Administrator may disapprove the re- designation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of this section or is inconsistent with the requirements of section 7472(a) of this title or of subsection (a) of this section. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.