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 review provided for in subsection (a) shall be preceded by an analysis in accordance with regulations of the Administrator, promul- gated under this subsection, which may be con- ducted by the State (or any general purpose unit of local government) or by the major emitting facility applying for such permit, of the ambient air quality at the proposed site and in areas which may be affected by emissions from such facility for each pollutant subject to regulation under this chapter which will be emitted from such facility. (2) Effective one year after August 7, 1977, the analysis required by this subsection shall in- clude continuous air quality monitoring data gathered for purposes of determining whether emissions from such facility will exceed the maximum allowable increases or the maximum allowable concentration permitted under this part. Such data shall be gathered over a period of one calendar year preceding the date of appli- cation for a permit under this part unless the State, in accordance with regulations promul- gated by the Administrator, determines that a complete and adequate analysis for such pur- poses may be accomplished in a shorter period. The results of such analysis shall be available at the time of the public hearing on the application for such permit. (3) The Administrator shall within six months after August 7, 1977, promulgate regulations re- specting the analysis required under this sub- section which regulations— (A) shall not require the use of any auto- matic or uniform buffer zone or zones, (B) shall require an analysis of the ambient air quality, climate and meteorology, terrain, soils and vegetation, and visibility at the site of the proposed major emitting facility and in the area potentially affected by the emissions from such facility for each pollutant regulated under this chapter which will be emitted from, or which results from the construction or op- eration of, such facility, the size and nature of the proposed facility, the degree of continuous emission reduction which could be achieved by such facility, and such other factors as may be relevant in determining the effect of emissions from a proposed facility on any air quality control region, (C) shall require the results of such analysis shall be available at the time of the public hearing on the application for such permit, and (D) shall specify with reasonable particu- larity each air quality model or models to be used under specified sets of conditions for pur- poses of this part. Any model or models designated under such reg- ulations may be adjusted upon a determination, after notice and opportunity for public hearing, by the Administrator that such adjustment is necessary to take into account unique terrain or meteorological characteristics of an area poten- tially affected by emissions from a source apply- ing for a permit required under this part. (July 14, 1955, ch. 360, title I, § 165, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 735; amended Pub. L. 95–190, § 14(a)(44)–(51), Nov. 16, 1977, 91 Stat. 1402.) Editorial Notes AMENDMENTS 1977—Subsec. (a)(1). Pub. L. 95–190, § 14(a)(44), sub- stituted ‘‘part;’’ for ‘‘part:’’. Subsec. (a)(3). Pub. L. 95–190, § 14(a)(45), inserted pro- vision making applicable requirement of section 7410(j) of this title. Subsec. (b). Pub. L. 95–190, § 14(a)(46), inserted ‘‘cause or’’ before ‘‘contribute’’ and struck out ‘‘actual’’ before ‘‘allowable emissions’’. Subsec. (d)(2)(C). Pub. L. 95–190, § 14(a)(47)–(49), in cl. (ii) substituted ‘‘contribute’’ for ‘‘contrbute’’, in cl. (iii) substituted ‘‘quality-related’’ for ‘‘quality related’’ and ‘‘concentrations which’’ for ‘‘concentrations, which’’, and in cl. (iv) substituted ‘‘such facility’’ for ‘‘such sources’’ and ‘‘will not cause or contribute to con- centrations of such pollutant which exceed’’ for ‘‘to- gether with all other sources, will not exceed’’. Subsec. (d)(2)(D). Pub. L. 95–190, § 14(a)(50), (51), in cl. (iii) substituted provisions relating to determinations of amounts of emissions of sulfur oxides from facilities, for provisions relating to determinations of amounts of emissions of sulfur oxides from sources operating under permits issued pursuant to this subpar., together with all other sources, and added cl. (iv). § 7476. Other pollutants (a) Hydrocarbons, carbon monoxide, petro- chemical oxidants, and nitrogen oxides In the case of the pollutants hydrocarbons, carbon monoxide, photochemical oxidants, and Page 7268 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7477 1 So in original. Probably should be ‘‘of’’. nitrogen oxides, the Administrator shall con- duct a study and not later than two years after August 7, 1977, promulgate regulations to pre- vent 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 pro- mulgated after August 7, 1977, he shall promul- gate such regulations not more than 2 years after the date of promulgation of such stand- ards. (b) Effective date of regulations Regulations referred to in subsection (a) shall become effective one year after the date of pro- mulgation. Within 21 months after such date of promulgation such plan revision shall be sub- mitted to the Administrator who shall approve or disapprove the plan within 25 months after such date or 1 promulgation in the same manner as required under section 7410 of this title. (c) Contents of regulations Such regulations shall provide specific numer- ical 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. (d) Specific measures to fulfill goals and pur- poses 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 to fulfill such goals and purposes, and may contain air quality incre- ments, 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 estab- lished other than sulfur oxides or particulate matter, an area classification plan shall not be required under this section if the implementa- tion plan adopted by the State and submitted for the Administrator’s approval or promulgated by the Administrator under section 7410(c) of this title contains other provisions which when considered as a whole, the Administrator finds will carry out the purposes in section 7470 of this title at least as effectively as an area classifica- tion plan for such pollutant. Such other provi- sions referred to in the preceding sentence need not require the establishment of maximum al- lowable 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 particu- late matter specified in section 7473(b) of this title and section 7475(d)(2)(C)(iv) of this title, maximum allowable increases in particulate matter with an aerodynamic diameter smaller than or equal to 10 micrometers. Such sub- stituted 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 regula- tions under the authority of this subsection, the current maximum allowable increases in con- centrations of particulate matter shall remain in effect. (July 14, 1955, ch. 360, title I, § 166, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 739; amended Pub. L. 101–549, title I, § 105(b), Nov. 15, 1990, 104 Stat. 2462.) Editorial Notes AMENDMENTS 1990—Subsec. (f). Pub. L. 101–549 added subsec. (f). § 7477. Enforcement The Administrator shall, and a State may, take such measures, including issuance of an order, or seeking injunctive relief, as necessary to prevent the construction or modification of a major emitting facility which does not conform to the requirements of this part, or which is pro- posed to be constructed in any area designated pursuant to section 7407(d) of this title as at- tainment or unclassifiable and which is not sub- ject to an implementation plan which meets the requirements of this part. (July 14, 1955, ch. 360, title I, § 167, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L. 101–549, title I, § 110(3), title VII, § 708, Nov. 15, 1990, 104 Stat. 2470, 2684.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–549, § 708, substituted ‘‘construction or modification of a major emitting facility’’ for ‘‘con- struction of a major emitting facility’’. Pub. L. 101–549, § 110(3), substituted ‘‘designated pur- suant to section 7407(d) as attainment or unclassifiable’’ for ‘‘included in the list promulgated pursuant to paragraph (1)(D) or (E) of subsection (d) of section 7407 of this title’’. § 7478. Period before plan approval (a) Existing regulations to remain in effect Until such time as an applicable implementa- tion plan is in effect for any area, which plan meets the requirements of this part to prevent significant deterioration of air quality with re- spect to any air pollutant, applicable regula- tions under this chapter prior to August 7, 1977, shall remain in effect to prevent significant de- terioration of air quality in any such area for any such pollutant except as otherwise provided in subsection (b). (b) Regulations deemed amended; construction commenced after June 1, 1975 If any regulation in effect prior to August 7, 1977, to prevent significant deterioration of air quality would be inconsistent with the require- ments of section 7472(a), section 7473(b) or sec- tion 7474(a) of this title, then such regulations shall be deemed amended so as to conform with such requirements. In the case of a facility on which construction was commenced (in accord- ance with the definition of ‘‘commenced’’ in sec- tion 7479(2) of this title) after June 1, 1975, and prior to August 7, 1977, the review and permit-