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U.S. Code as of:
01/19/04
Section 7423. Stack heights
(a) Heights in excess of good engineering practice; 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 determined under regulations promulgated
by the Administrator), or
(2) any other dispersion technique.
The preceding sentence shall not apply with respect to stack
heights in existence before December 31, 1970, or dispersion
techniques implemented before such date. In establishing an
emission limitation for coal-fired steam electric generating units
which are subject to the provisions of section 7418 of this title
and which commenced operation before July 1, 1957, the effect of
the entire stack height of stacks for which a construction contract
was awarded before February 8, 1974, may be taken into account.
(b) Dispersion technique
For the purpose of this section, the term "dispersion 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 opportunity for public
hearing, promulgate regulations to carry out this section. For
purposes of this section, good engineering practice means, with
respect to stack heights, the height necessary 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, eddies and wakes which may be
created by the source itself, nearby structures or nearby terrain
obstacles (as determined by the Administrator). 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 opportunity for public hearing, to
the satisfaction of the Administrator, that a greater height is
necessary 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.
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