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U.S. Code as of:
01/19/04
Section 7475. Preconstruction requirements
(a) Major emitting facilities on which construction is commenced
No major emitting facility on which construction is commenced
after August 7, 1977, may be constructed in any area to which this
part applies unless -
(1) a permit has been issued for such proposed facility in
accordance with this part setting forth emission limitations for
such facility which conform to the requirements of this part;
(2) the proposed permit has been subject to a review in
accordance with this section, the required analysis has been
conducted in accordance with regulations promulgated by the
Administrator, and a public hearing has been held with
opportunity for interested persons including representatives of
the Administrator to appear and submit written or oral
presentations on the air quality impact of such source,
alternatives thereto, control technology requirements, and other
appropriate considerations;
(3) the owner or operator of such facility demonstrates, as
required pursuant to section 7410(j) of this title, that
emissions from construction or operation of such facility will
not cause, or contribute to, air pollution in excess of any (A)
maximum allowable increase or maximum allowable concentration for
any pollutant in any area to which this part applies more than
one time per year, (B) national ambient air quality standard in
any air quality control region, or (C) any other applicable
emission standard or standard of performance under this chapter;
(4) the proposed facility is subject to the best available
control technology for each pollutant subject to regulation under
this chapter emitted from, or which results from, such facility;
(5) the provisions of subsection (d) of this section with
respect to protection of class I areas have been complied with
for such facility;
(6) there has been an analysis of any air quality impacts
projected for the area as a result of growth associated with such
facility;
(7) the person who owns or operates, or proposes to own or
operate, a major emitting facility for which a permit is required
under this part agrees to conduct such monitoring as may be
necessary to determine the effect which emissions from any such
facility may have, or is having, on air quality in any area which
may be affected by emissions from such source; and
(8) in the case of a source which proposes to construct in a
class III area, emissions from which would cause or contribute to
exceeding the maximum allowable increments applicable in a class
II area and where no standard under section 7411 of this title
has been promulgated subsequent to August 7, 1977, for such
source category, the Administrator has approved the determination
of best available technology as set forth in the permit.
(b) Exception
The demonstration pertaining to maximum allowable increases
required under subsection (a)(3) of this section shall not apply to
maximum allowable increases for class II areas in the case of an
expansion or modification of a major emitting facility which is in
existence on August 7, 1977, whose allowable emissions of air
pollutants, after compliance with subsection (a)(4) of this
section, will be less than fifty tons per year and for which the
owner or operator of such facility demonstrates that emissions of
particulate matter and sulfur oxides will not cause or contribute
to ambient air quality levels in excess of the national secondary
ambient air quality standard for either of such pollutants.
(c) Permit applications
Any completed permit application under section 7410 of this title
for a major emitting facility in any area to which this part
applies shall be granted or denied not later than one year after
the date of filing of such completed application.
(d) Action taken on permit applications; notice; adverse impact on
air quality related values; variance; emission limitations
(1) Each State shall transmit to the Administrator a copy of each
permit application relating to a major emitting facility received
by such State and provide notice to the Administrator of every
action related to the consideration of such permit.
(2)(A) The Administrator shall provide notice of the permit
application to the Federal Land Manager and the Federal official
charged with direct responsibility for management of any lands
within a class I area which may be affected by emissions from the
proposed facility.
(B) The Federal Land Manager and the Federal official charged
with direct responsibility for management of such lands shall have
an affirmative responsibility to protect the air quality related
values (including visibility) of any such lands within a class I
area and to consider, in consultation with the Administrator,
whether a proposed major emitting facility will have an adverse
impact on such values.
(C)(i) In any case where the Federal official charged with direct
responsibility for management of any lands within a class I area or
the Federal Land Manager of such lands, or the Administrator, or
the Governor of an adjacent State containing such a class I area
files a notice alleging that emissions from a proposed major
emitting facility may cause or contribute to a change in the air
quality in such area and identifying the potential adverse impact
of such change, a permit shall not be issued unless the owner or
operator of such facility demonstrates that emissions of
particulate matter and sulfur dioxide will not cause or contribute
to concentrations which exceed the maximum allowable increases for
a class I area.
(ii) In any case where the Federal Land Manager demonstrates to
the satisfaction of the State that the emissions from such facility
will have an adverse impact on the air quality-related values
(including visibility) of such lands, notwithstanding the fact that
the change in air quality resulting from emissions from such
facility will not cause or contribute to concentrations which
exceed the maximum allowable increases for a class I area, a permit
shall not be issued.
(iii) In any case where the owner or operator of such facility
demonstrates to the satisfaction of the Federal Land Manager, and
the Federal Land Manager so certifies, that the emissions from such
facility will have no adverse impact on the air quality-related
values of such lands (including visibility), notwithstanding the
fact that the change in air quality resulting from emissions from
such facility will cause or contribute to concentrations which
exceed the maximum allowable increases for class I areas, the State
may issue a permit.
(iv) In the case of a permit issued pursuant to clause (iii),
such facility shall comply with such emission limitations under
such permit as may be necessary to assure that emissions of sulfur
oxides and particulates from such facility will not cause or
contribute to concentrations of such pollutant which exceed the
following maximum allowable increases over the baseline
concentration for such pollutants:
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 325
(D)(i) In any case where the owner or operator of a proposed
major emitting facility who has been denied a certification under
subparagraph (C)(iii) demonstrates to the satisfaction of the
Governor, after notice and public hearing, and the Governor finds,
that the facility cannot be constructed by reason of any maximum
allowable increase for sulfur dioxide for periods of twenty-four
hours or less applicable to any class I area and, in the case of
Federal mandatory class I areas, that a variance under this clause
will not adversely affect the air quality related values of the
area (including visibility), the Governor, after consideration of
the Federal Land Manager's recommendation (if any) and subject to
his concurrence, may grant a variance from such maximum allowable
increase. If such variance is granted, a permit may be issued to
such source pursuant to the requirements of this subparagraph.
(ii) In any case in which the Governor recommends a variance
under this subparagraph in which the Federal Land Manager does not
concur, the recommendations of the Governor and the Federal Land
Manager shall be transmitted to the President. The President may
approve the Governor's recommendation if he finds that such
variance is in the national interest. No Presidential finding shall
be reviewable in any court. The variance shall take effect if the
President approves the Governor's recommendations. The President
shall approve or disapprove such recommendation within ninety days
after his receipt of the recommendations of the Governor and the
Federal Land Manager.
(iii) In the case of a permit issued pursuant to this
subparagraph, such facility shall comply with such emission
limitations under such permit as may be necessary to assure that
emissions of sulfur oxides from such facility will not (during any
day on which the otherwise applicable maximum allowable increases
are exceeded) cause or contribute to concentrations which exceed
the following maximum allowable increases for such areas over the
baseline concentration for such pollutant and to assure that such
emissions will not cause or contribute to concentrations which
exceed the otherwise applicable maximum allowable increases for
periods of exposure of 24 hours or less on more than 18 days during
any annual period:
MAXIMUM ALLOWABLE INCREASE
(IN MICROGRAMS PER CUBIC METER)
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Period of exposure Low High
terrain terrain
areas areas
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24-hr maximum 36 62
3-hr maximum 130 221
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(iv) For purposes of clause (iii), the term "high terrain area"
means with respect to any facility, any area having an elevation of
900 feet or more above the base of the stack of such facility, and
the term "low terrain area" means any area other than a high
terrain area.
(e) Analysis; continuous air quality monitoring data; regulations;
model adjustments
(1) The review provided for in subsection (a) of this section
shall be preceded by an analysis in accordance with regulations of
the Administrator, promulgated under this subsection, which may be
conducted by the State (or any general purpose unit of local
government) or by the major emitting facility applying for such
permit, of the ambient air quality at the proposed site and in
areas which may be affected by emissions from such facility for
each pollutant subject to regulation under this chapter which will
be emitted from such facility.
(2) Effective one year after August 7, 1977, the analysis
required by this subsection shall include continuous air quality
monitoring data gathered for purposes of determining whether
emissions from such facility will exceed the maximum allowable
increases or the maximum allowable concentration permitted under
this part. Such data shall be gathered over a period of one
calendar year preceding the date of application for a permit under
this part unless the State, in accordance with regulations
promulgated by the Administrator, determines that a complete and
adequate analysis for such purposes may be accomplished in a
shorter period. The results of such analysis shall be available at
the time of the public hearing on the application for such permit.
(3) The Administrator shall within six months after August 7,
1977, promulgate regulations respecting the analysis required under
this subsection which regulations -
(A) shall not require the use of any automatic or uniform
buffer zone or zones,
(B) shall require an analysis of the ambient air quality,
climate and meteorology, terrain, soils and vegetation, and
visibility at the site of the proposed major emitting facility
and in the area potentially affected by the emissions from such
facility for each pollutant regulated under this chapter which
will be emitted from, or which results from the construction or
operation of, such facility, the size and nature of the proposed
facility, the degree of continuous emission reduction which could
be achieved by such facility, and such other factors as may be
relevant in determining the effect of emissions from a proposed
facility on any air quality control region,
(C) shall require the results of such analysis shall be
available at the time of the public hearing on the application
for such permit, and
(D) shall specify with reasonable particularity each air
quality model or models to be used under specified sets of
conditions for purposes of this part.
Any model or models designated under such regulations may be
adjusted upon a determination, after notice and opportunity for
public hearing, by the Administrator that such adjustment is
necessary to take into account unique terrain or meteorological
characteristics of an area potentially affected by emissions from a
source applying for a permit required under this part.
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