42 U.S.C. § 7477 — Enforcement

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-