
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: 42USC7479]

 
                 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. 7479. Definitions

    For purposes of this part--
        (1) The term ``major emitting facility'' means any of the 
    following stationary sources of air pollutants which emit, or have 
    the potential to emit, one hundred tons per year or more of any air 
    pollutant from the following types of stationary sources: fossil-
    fuel fired steam electric plants of more than two hundred and fifty 
    million British thermal units per hour heat input, coal cleaning 
    plants (thermal dryers), kraft pulp mills, Portland Cement plants, 
    primary zinc smelters, iron and steel mill plants, primary aluminum 
    ore reduction plants, primary copper smelters, municipal 
    incinerators capable of charging more than fifty tons of refuse per 
    day, hydrofluoric, sulfuric, and nitric acid plants, petroleum 
    refineries, lime plants, phosphate rock processing plants, coke oven 
    batteries, sulfur recovery plants, carbon black plants (furnace 
    process), primary lead smelters, fuel conversion plants, sintering 
    plants, secondary metal production facilities, chemical process 
    plants, fossil-fuel boilers of more than two hundred and fifty 
    million British thermal units per hour heat input, petroleum storage 
    and transfer facilities with a capacity exceeding three hundred 
    thousand barrels, taconite ore processing facilities, glass fiber 
    processing plants, charcoal production facilities. Such term also 
    includes any other source with the potential to emit two hundred and 
    fifty tons per year or more of any air pollutant. This term shall 
    not include new or modified facilities which are nonprofit health or 
    education institutions which have been exempted by the State.
        (2)(A) The term ``commenced'' as applied to construction of a 
    major emitting facility means that the owner or operator has 
    obtained all necessary preconstruction approvals or permits required 
    by Federal, State, or local air pollution emissions and air quality 
    laws or regulations and either has (i) begun, or caused to begin, a 
    continuous program of physical on-site construction of the facility 
    or (ii) entered into binding agreements or contractual obligations, 
    which cannot be canceled or modified without substantial loss to the 
    owner or operator, to undertake a program of construction of the 
    facility to be completed within a reasonable time.
        (B) The term ``necessary preconstruction approvals or permits'' 
    means those permits or approvals, required by the permitting 
    authority as a precondition to undertaking any activity under 
    clauses (i) or (ii) of subparagraph (A) of this paragraph.
        (C) The term ``construction'' when used in connection with any 
    source or facility, includes the modification (as defined in section 
    7411(a) of this title) of any source or facility.
        (3) The term ``best available control technology'' means an 
    emission limitation based on the maximum degree of reduction of each 
    pollutant subject to regulation under this chapter emitted from or 
    which results from any major emitting facility, which the permitting 
    authority, on a case-by-case basis, taking into account energy, 
    environmental, and economic impacts and other costs, determines is 
    achievable for such facility through application of production 
    processes and available methods, systems, and techniques, including 
    fuel cleaning, clean fuels, or treatment or innovative fuel 
    combustion techniques for control of each such pollutant. In no 
    event shall application of ``best available control technology'' 
    result in emissions of any pollutants which will exceed the 
    emissions allowed by any applicable standard established pursuant to 
    section 7411 or 7412 of this title. Emissions from any source 
    utilizing clean fuels, or any other means, to comply with this 
    paragraph shall not be allowed to increase above levels that would 
    have been required under this paragraph as it existed prior to 
    November 15, 1990.
        (4) The term ``baseline concentration'' means, with respect to a 
    pollutant, the ambient concentration levels which exist at the time 
    of the first application for a permit in an area subject to this 
    part, based on air quality data available in the Environmental 
    Protection Agency or a State air pollution control agency and on 
    such monitoring data as the permit applicant is required to submit. 
    Such ambient concentration levels shall take into account all 
    projected emissions in, or which may affect, such area from any 
    major emitting facility on which construction commenced prior to 
    January 6, 1975, but which has not begun operation by the date of 
    the baseline air quality concentration determination. Emissions of 
    sulfur oxides and particulate matter from any major emitting 
    facility on which construction commenced after January 6, 1975, 
    shall not be included in the baseline and shall be counted against 
    the maximum allowable increases in pollutant concentrations 
    established under this part.

(July 14, 1955, ch. 360, title I, Sec. 169, as added Pub. L. 95-95, 
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L. 95-
190, Sec. 14(a)(54), Nov. 16, 1977, 91 Stat. 1402; Pub. L. 101-549, 
title III, Sec. 305(b), title IV, Sec. 403(d), Nov. 15, 1990, 104 Stat. 
2583, 2631.)


                               Amendments

    1990--Par. (1). Pub. L. 101-549, Sec. 305(b), struck out ``two 
hundred and'' after ``municipal incinerators capable of charging more 
than''.
    Par. (3). Pub. L. 101-549, Sec. 403(d), directed the insertion of 
``, clean fuels,'' after ``including fuel cleaning,'', which was 
executed by making the insertion after ``including fuel cleaning'' to 
reflect the probable intent of Congress, and inserted at end ``Emissions 
from any source utilizing clean fuels, or any other means, to comply 
with this paragraph shall not be allowed to increase above levels that 
would have been required under this paragraph as it existed prior to 
November 15, 1990.''
    1977--Par. (2)(C). Pub. L. 95-190 added subpar. (C).


 Study of Major Emitting Facilities With Potential of Emitting 250 Tons 
                                Per Year

    Section 127(b) of Pub. L. 95-95 directed Administrator, within 1 
year after Aug. 7, 1977, to report to Congress on consequences of that 
portion of definition of ``major emitting facility'' under this subpart 
which applies to facilities with potential to emit 250 tons per year or 
more.

                  Section Referred to in Other Sections

    This section is referred to in sections 7412, 7473, 7478, 7511a of 
this title.
