42 U.S.C. § 7478 — Period before plan approval
submitted 71 years ago by Pub. L. 95-95 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 204 words · no verdicts yet
Until a state has an approved plan to prevent air quality from worsening, the older pre-1977 pollution rules stay in effect. If those older rules conflict with certain newer requirements, they are treated as automatically updated. Facilities that started construction between June 1975 and August 1977 follow the older rules instead.
(a) Existing regulations to remain in effect: Until an area has an approved implementation plan meeting this part's requirements to prevent significant air quality deterioration, the regulations that existed under this chapter before August 7, 1977 stay in effect for that pollutant in that area - except as subsection (b) says otherwise.
(b) Regulations deemed amended: If a pre-August 7, 1977 regulation would conflict with the requirements in section 7472(a), 7473(b), or 7474(a), that regulation is treated as automatically updated to match those requirements. But for a facility whose construction "commenced" (as defined in section 7479(2)) after June 1, 1975 and before August 7, 1977, the review and permitting of that facility follows the pre-August 7, 1977 rules for preventing significant deterioration instead.
Until such time as an applicable implementation plan* is in effect for any area, which plan meets the requirements of this part to prevent significant deterioration of air quality with respect to any air pollutant*, applicable regulations under this chapter prior to August 7, 1977, shall remain in effect to prevent significant deterioration of air quality in any such area for any such pollutant except as otherwise provided in subsection (b).
If any regulation in effect prior to August 7, 1977, to prevent significant deterioration of air quality would be inconsistent with the requirements of section 7472(a), section 7473(b) or section 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 accordance with the definition of “commenced” in section 7479(2) of this title) after June 1, 1975, and prior to August 7, 1977, the review and permitting of such facility shall be in accordance with the regulations for the prevention of significant deterioration in effect prior to August 7, 1977.
Source credit: (July 14, 1955, ch. 360, title I, § 168, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L. 95–190, § 14(a)(52), Nov. 16, 1977, 91 Stat. 1402.)
- 1955Enacted · Pub. L. 95-95 · 91 Stat. 740
- 1977Amended · Pub. L. 95-190 · 91 Stat. 1402
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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