42 U.S.C. § 7476 — Other pollutants
submitted 71 years ago by Pub. L. 95-95 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 490 words · no verdicts yet
The EPA must write rules to stop air quality from worsening because of other pollutants, like carbon monoxide and nitrogen oxides. These rules must be at least as strict as the sulfur and particulate matter limits already in the law. States generally do not need a separate area-classification plan for other pollutants if their existing plan works just as well.
(a) For hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides, the Administrator* must study the problem and, within two years of August 7, 1977, issue regulations to stop air quality from significantly worsening because of these pollutants. For pollutants that get new national air quality standards after August 7, 1977, the Administrator has two years from that standard's date to issue the regulations.
(b) These regulations take effect one year after they are issued. States then have 21 months from the issuance date to submit their plan revisions to the Administrator, who must approve or deny the plan within 25 months of that date, following the same process as section 7410.
(c) These regulations must set specific numerical measures for evaluating permit applications, a framework for encouraging better control technology, protection for air quality values, and must fulfill the goals in sections 7401 and 7470.
(d) The Administrator's regulations must include specific measures at least as strong as the increments set in section 7473, and may include air quality increments, emission density rules, or other measures.
(e) For any pollutant with a national air quality standard other than sulfur oxides or particulate matter, states do not need a separate area classification plan if their overall implementation plan - approved or issued by the Administrator under section 7410(c) - achieves this part's purposes just as effectively as a classification plan would. That plan does not have to set maximum allowable increases for that pollutant.
(f) The Administrator can replace the particulate matter increases in sections 7473(b) and 7475(d)(2)(C)(iv) with increases based on particles 10 micrometers or smaller in diameter. Any replacement increases must be equally strict as the ones they replace. Until the Administrator issues these new regulations, the current particulate matter increases stay in effect.
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.
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 1 promulgation in the same manner as required under section 7410 of this title.
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.
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 increments, emission density requirements, or other measures.
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 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 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.
The Administrator is authorized to substitute, for the maximum allowable increases in particulate 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 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.
Source credit: (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.)
- 1955Enacted · Pub. L. 95-95 · 91 Stat. 739
- 1990Amended · Pub. L. 101-549 · 104 Stat. 2462
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-95 on 1955-07-14.
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