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U.S. Code as of:
01/19/04
Section 7473. Increments and ceilings
(a) Sulfur oxide and particulate matter; requirement that maximum
allowable increases and maximum allowable concentrations not be
exceeded
In the case of sulfur oxide and particulate matter, each
applicable implementation plan shall contain measures assuring that
maximum allowable increases over baseline concentrations of, and
maximum allowable concentrations of, such pollutant shall not be
exceeded. In the case of any maximum allowable increase (except an
allowable increase specified under section 7475(d)(2)(C)(iv) of
this title) for a pollutant based on concentrations permitted under
national ambient air quality standards for any period other than an
annual period, such regulations shall permit such maximum allowable
increase to be exceeded during one such period per year.
(b) Maximum allowable increases in concentrations over baseline
concentrations
(1) For any class I area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Pollutant Maximum allowable increase (in
micrograms per
cubic meter)
Particulate matter:
Annual geometric mean 5
Twenty-four-hour maximum 10
Sulfur dioxide:
Annual arithmetic mean 2
Twenty-four-hour maximum 5
Three-hour maximum 25
(2) For any class II area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Pollutant Maximum allowable increase (in
micrograms per
cubic meter)
Particulate matter:
Annual geometric mean 19
Twenty-four-hour maximum 37
Sulfur dioxide:
Annual arithmetic mean 20
Twenty-four-hour maximum 91
Three-hour maximum 512
(3) For any class III area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Pollutant Maximum allowable increase (in
micrograms per
cubic meter)
Particulate matter:
Annual geometric mean 37
Twenty-four-hour maximum 75
Sulfur dioxide:
Annual arithmetic mean 40
Twenty-four-hour maximum 182
Three-hour maximum 700
(4) The maximum allowable concentration of any air pollutant in
any area to which this part applies shall not exceed a
concentration for such pollutant for each period of exposure equal
to -
(A) the concentration permitted under the national secondary
ambient air quality standard, or
(B) the concentration permitted under the national primary
ambient air quality standard,
whichever concentration is lowest for such pollutant for such
period of exposure.
(c) Orders or rules for determining compliance with maximum
allowable increases in ambient concentrations of air pollutants
(1) In the case of any State which has a plan approved by the
Administrator for purposes of carrying out this part, the Governor
of such State may, after notice and opportunity for public hearing,
issue orders or promulgate rules providing that for purposes of
determining compliance with the maximum allowable increases in
ambient concentrations of an air pollutant, the following
concentrations of such pollutant shall not be taken into account:
(A) concentrations of such pollutant attributable to the
increase in emissions from stationary sources which have
converted from the use of petroleum products, or natural gas, or
both, by reason of an order which is in effect under the
provisions of sections 792(a) and (b) of title 15 (or any
subsequent legislation which supersedes such provisions) over the
emissions from such sources before the effective date of such
order.)1(!
(B) the concentrations of such pollutant attributable to the
increase in emissions from stationary sources which have
converted from using natural gas by reason of a natural gas
curtailment pursuant to a natural gas curtailment plan in effect
pursuant to the Federal Power Act [16 U.S.C. 791a et seq.] over
the emissions from such sources before the effective date of such
plan,
(C) concentrations of particulate matter attributable to the
increase in emissions from construction or other temporary
emission-related activities, and
(D) the increase in concentrations attributable to new sources
outside the United States over the concentrations attributable to
existing sources which are included in the baseline concentration
determined in accordance with section 7479(4) of this title.
(2) No action taken with respect to a source under paragraph
(1)(A) or (1)(B) shall apply more than five years after the
effective date of the order referred to in paragraph (1)(A) or the
plan referred to in paragraph (1)(B), whichever is applicable. If
both such order and plan are applicable, no such action shall apply
more than five years after the later of such effective dates.
(3) No action under this subsection shall take effect unless the
Governor submits the order or rule providing for such exclusion to
the Administrator and the Administrator determines that such order
or rule is in compliance with the provisions of this subsection.
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