
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7475]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
     Part C--Prevention of Significant Deterioration of Air Quality
 
                          subpart i--clean air
 
Sec. 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)
------------------------------------------------------------------------
                                                    Low          High
              Period of exposure                  terrain      terrain
                                                   areas        areas
------------------------------------------------------------------------
24-hr maximum.................................           36           62
3-hr maximum..................................          130          221
------------------------------------------------------------------------

    (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.

(July 14, 1955, ch. 360, title I, Sec. 165, as added Pub. L. 95-95, 
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 735; amended Pub. L. 95-
190, Sec. 14(a)(44)-(51), Nov. 16, 1977, 91 Stat. 1402.)


                               Amendments

    1977--Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(44), substituted 
``part;'' for ``part:''.
    Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(45), inserted provision 
making applicable requirement of section 7410(j) of this title.
    Subsec. (b). Pub. L. 95-190, Sec. 14(a)(46), inserted ``cause or'' 
before ``contribute'' and struck out ``actual'' before ``allowable 
emissions''.
    Subsec. (d)(2)(C). Pub. L. 95-190, Sec. 14(a)(47)-(49), in cl. (ii) 
substituted ``contribute'' for ``contrbute'', in cl. (iii) substituted 
``quality-related'' for ``quality related'' and ``concentrations which'' 
for ``concentrations, which'', and in cl. (iv) substituted ``such 
facility'' for ``such sources'' and ``will not cause or contribute to 
concentrations of such pollutant which exceed'' for ``together with all 
other sources, will not exceed''.
    Subsec. (d)(2)(D). Pub. L. 95-190, Sec. 14(a)(50), (51), in cl. 
(iii) substituted provisions relating to determinations of amounts of 
emissions of sulfur oxides from facilities, for provisions relating to 
determinations of amounts of emissions of sulfur oxides from sources 
operating under permits issued pursuant to this subpar., together with 
all other sources, and added cl. (iv).

                  Section Referred to in Other Sections

    This section is referred to in sections 7413, 7429, 7473, 7476 of 
this title.
