42 U.S.C. § 7423 — Stack heights

Page 7248 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7422 1 See References in Text note below. 2 So in original. The word ‘‘material’’ probably should precede the comma. § 7422. Listing of certain unregulated pollutants (a) Radioactive pollutants, cadmium, arsenic, and polycyclic organic matter Not later than one year after August 7, 1977 (two years for radioactive pollutants) and after notice and opportunity for public hearing, the Administrator shall review all available rel- evant information and determine whether or not emissions of radioactive pollutants (including source material, special nuclear material, and byproduct material), cadmium, arsenic and polycyclic organic matter into the ambient air will cause, or contribute to, air pollution which may reasonably be anticipated to endanger pub- lic health. If the Administrator makes an af- firmative determination with respect to any such substance, he shall simultaneously with such determination include such substance in the list published under section 7408(a)(1) or 7412(b)(1)(A) 1 of this title (in the case of a sub- stance which, in the judgment of the Adminis- trator, causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in se- rious irreversible, or incapacitating reversible, illness), or shall include each category of sta- tionary sources emitting such substance in sig- nificant amounts in the list published under sec- tion 7411(b)(1)(A) of this title, or take any com- bination of such actions. (b) Revision authority Nothing in subsection (a) shall be construed to affect the authority of the Administrator to re- vise any list referred to in subsection (a) with respect to any substance (whether or not enu- merated in subsection (a)). (c) Consultation with Nuclear Regulatory Com- mission; interagency agreement; notice and hearing (1) Before listing any source material, special nuclear, 2 or byproduct material (or component or derivative thereof) as provided in subsection (a), the Administrator shall consult with the Nuclear Regulatory Commission. (2) Not later than six months after listing any such material (or component or derivative thereof) the Administrator and the Nuclear Reg- ulatory Commission shall enter into an inter- agency agreement with respect to those sources or facilities which are under the jurisdiction of the Commission. This agreement shall, to the maximum extent practicable consistent with this chapter, minimize duplication of effort and conserve administrative resources in the estab- lishment, implementation, and enforcement of emission limitations, standards of performance, and other requirements and authorities (sub- stantive and procedural) under this chapter re- specting the emission of such material (or com- ponent or derivative thereof) from such sources or facilities. (3) In case of any standard or emission limita- tion promulgated by the Administrator, under this chapter or by any State (or the Adminis- trator) under any applicable implementation plan under this chapter, if the Nuclear Regu- latory Commission determines, after notice and opportunity for public hearing that the applica- tion of such standard or limitation to a source or facility within the jurisdiction of the Com- mission would endanger public health or safety, such standard or limitation shall not apply to such facilities or sources unless the President determines otherwise within ninety days from the date of such finding. (July 14, 1955, ch. 360, title I, § 122, as added Pub. L. 95–95, title I, § 120(a), Aug. 7, 1977, 91 Stat. 720.) Editorial Notes REFERENCES IN TEXT Section 7412(b)(1), referred to in subsec. (a), was amended generally by Pub. L. 101–549, title III, § 301, Nov. 15, 1990, 104 Stat. 2531, and, as so amended, no longer contains a subpar. (A). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. STUDY BY ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AGENCY Pub. L. 95–95, title I, § 120(b), Aug. 7, 1977, 91 Stat. 721, directed Administrator of Environmental Protection Agency to conduct a study, in conjunction with other appropriate agencies, concerning effect on public health and welfare of sulfates, radioactive pollutants, cadmium, arsenic, and polycyclic organic matter which are present or may reasonably be anticipated to occur in the ambient air, such study to include a thorough in- vestigation of how sulfates are formed and how to pro- tect public health and welfare from the injurious ef- fects, if any, of sulfates, cadmium, arsenic, and polycyclic organic matter. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. § 7423. Stack heights (a) Heights in excess of good engineering prac- tice; other dispersion techniques The degree of emission limitation required for control of any air pollutant under an applicable implementation plan under this subchapter shall not be affected in any manner by— (1) so much of the stack height of any source as exceeds good engineering practice (as deter- mined under regulations promulgated by the Administrator), or (2) any other dispersion technique. The preceding sentence shall not apply with re- spect to stack heights in existence before De- cember 31, 1970, or dispersion techniques imple- mented before such date. In establishing an emission limitation for coal-fired steam electric generating units which are subject to the provi- sions of section 7418 of this title and which com- menced operation before July 1, 1957, the effect Page 7249 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7425 of the entire stack height of stacks for which a construction contract was awarded before Feb- ruary 8, 1974, may be taken into account. (b) Dispersion technique For the purpose of this section, the term ‘‘dis- persion technique’’ includes any intermittent or supplemental control of air pollutants varying with atmospheric conditions. (c) Regulations; good engineering practice Not later than six months after August 7, 1977, the Administrator, shall after notice and oppor- tunity for public hearing, promulgate regula- tions to carry out this section. For purposes of this section, good engineering practice means, with respect to stack heights, the height nec- essary to insure that emissions from the stack do not result in excessive concentrations of any air pollutant in the immediate vicinity of the source as a result of atmospheric downwash, ed- dies and wakes which may be created by the source itself, nearby structures or nearby ter- rain obstacles (as determined by the Adminis- trator). For purposes of this section such height shall not exceed two and a half times the height of such source unless the owner or operator of the source demonstrates, after notice and oppor- tunity for public hearing, to the satisfaction of the Administrator, that a greater height is nec- essary as provided under the preceding sentence. In no event may the Administrator prohibit any increase in any stack height or restrict in any manner the stack height of any source. (July 14, 1955, ch. 360, title I, § 123, as added Pub. L. 95–95, title I, § 121, Aug. 7, 1977, 91 Stat. 721.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7424. Assurance of adequacy of State plans (a) State review of implementation plans which relate to major fuel burning sources As expeditiously as practicable but not later than one year after August 7, 1977, each State shall review the provisions of its implementa- tion plan which relate to major fuel burning sources and shall determine— (1) the extent to which compliance with re- quirements of such plan is dependent upon the use by major fuel burning stationary sources of petroleum products or natural gas, (2) the extent to which such plan may rea- sonably be anticipated to be inadequate to meet the requirements of this chapter in such State on a reliable and long-term basis by rea- son of its dependence upon the use of such fuels, and (3) the extent to which compliance with the requirements of such plan is dependent upon use of coal or coal derivatives which is not lo- cally or regionally available. Each State shall submit the results of its review and its determination under this paragraph to the Administrator promptly upon completion thereof. (b) Plan revision (1) Not later than eighteen months after Au- gust 7, 1977, the Administrator shall review the submissions of the States under subsection (a) and shall require each State to revise its plan if, in the judgment of the Administrator, such plan revision is necessary to assure that such plan will be adequate to assure compliance with the requirements of this chapter in such State on a reliable and long-term basis, taking into ac- count the actual or potential prohibitions on use of petroleum products or natural gas, or both, under any other authority of law. (2) Before requiring a plan revision under this subsection, with respect to any State the Ad- ministrator shall take into account the report of the review conducted by such State under paragraph (1) and shall consult with the Gov- ernor of the State respecting such required revi- sion. (July 14, 1955, ch. 360, title I, § 124, as added Pub. L. 95–95, title I, § 122, Aug. 7, 1977, 91 Stat. 722.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7425. Measures to prevent economic disruption or unemployment (a) Determination that action is necessary After notice and opportunity for a public hear- ing— (1) the Governor of any State in which a major fuel burning stationary source referred to in this subsection (or class or category thereof) is located, (2) the Administrator, or (3) the President (or his designee), may determine that action under subsection (b) of this section is necessary to prevent or mini- mize significant local or regional economic dis- ruption or unemployment which would other- wise result from use by such source (or class or category) of— (A) coal or coal derivatives other than lo- cally or regionally available coal, (B) petroleum products, (C) natural gas, or (D) any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State im- plementation plan. (b) Use of locally or regionally available coal or coal derivatives to comply with implementa- tion plan requirements Upon a determination under subsection (a)— (1) such Governor, with the written consent of the President or his designee, (2) the President’s designee with the written consent of such Governor, or (3) the President may by rule or order prohibit any such major fuel burning stationary source (or class or cat- egory thereof) from using fuels other than lo-