
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7503]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
            Part D--Plan Requirements for Nonattainment Areas
 
                subpart 1--nonattainment areas in general
 
Sec. 7503. Permit requirements


(a) In general

    The permit program required by section 7502(b)(6) \1\ of this title 
shall provide that permits to construct and operate may be issued if--
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    \1\ See References in Text note below.
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        (1) in accordance with regulations issued by the Administrator 
    for the determination of baseline emissions in a manner consistent 
    with the assumptions underlying the applicable implementation plan 
    approved under section 7410 of this title and this part, the 
    permitting agency determines that--
            (A) by the time the source is to commence operation, 
        sufficient offsetting emissions reductions have been obtained, 
        such that total allowable emissions from existing sources in the 
        region, from new or modified sources which are not major 
        emitting facilities, and from the proposed source will be 
        sufficiently less than total emissions from existing sources (as 
        determined in accordance with the regulations under this 
        paragraph) prior to the application for such permit to construct 
        or modify so as to represent (when considered together with the 
        plan provisions required under section 7502 of this title) 
        reasonable further progress (as defined in section 7501 of this 
        title); or
            (B) in the case of a new or modified major stationary source 
        which is located in a zone (within the nonattainment area) 
        identified by the Administrator, in consultation with the 
        Secretary of Housing and Urban Development, as a zone to which 
        economic development should be targeted, that emissions of such 
        pollutant resulting from the proposed new or modified major 
        stationary source will not cause or contribute to emissions 
        levels which exceed the allowance permitted for such pollutant 
        for such area from new or modified major stationary sources 
        under section 7502(c) of this title;

        (2) the proposed source is required to comply with the lowest 
    achievable emission rate;
        (3) the owner or operator of the proposed new or modified source 
    has demonstrated that all major stationary sources owned or operated 
    by such person (or by any entity controlling, controlled by, or 
    under common control with such person) in such State are subject to 
    emission limitations and are in compliance, or on a schedule for 
    compliance, with all applicable emission limitations and standards 
    under this chapter; and \2\
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    \2\ So in original. The word ``and'' probably should not appear.
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        (4) the Administrator has not determined that the applicable 
    implementation plan is not being adequately implemented for the 
    nonattainment area in which the proposed source is to be constructed 
    or modified in accordance with the requirements of this part; and
        (5) an analysis of alternative sites, sizes, production 
    processes, and environmental control techniques for such proposed 
    source demonstrates that benefits of the proposed source 
    significantly outweigh the environmental and social costs imposed as 
    a result of its location, construction, or modification.

Any emission reductions required as a precondition of the issuance of a 
permit under paragraph (1) shall be federally enforceable before such 
permit may be issued.

(b) Prohibition on use of old growth allowances

    Any growth allowance included in an applicable implementation plan 
to meet the requirements of section 7502(b)(5) of this title (as in 
effect immediately before November 15, 1990) shall not be valid for use 
in any area that received or receives a notice under section 
7410(a)(2)(H)(ii) of this title (as in effect immediately before 
November 15, 1990) or under section 7410(k)(1) of this title that its 
applicable implementation plan containing such allowance is 
substantially inadequate.

(c) Offsets

    (1) The owner or operator of a new or modified major stationary 
source may comply with any offset requirement in effect under this part 
for increased emissions of any air pollutant only by obtaining emission 
reductions of such air pollutant from the same source or other sources 
in the same nonattainment area, except that the State may allow the 
owner or operator of a source to obtain such emission reductions in 
another nonattainment area if (A) the other area has an equal or higher 
nonattainment classification than the area in which the source is 
located and (B) emissions from such other area contribute to a violation 
of the national ambient air quality standard in the nonattainment area 
in which the source is located. Such emission reductions shall be, by 
the time a new or modified source commences operation, in effect and 
enforceable and shall assure that the total tonnage of increased 
emissions of the air pollutant from the new or modified source shall be 
offset by an equal or greater reduction, as applicable, in the actual 
emissions of such air pollutant from the same or other sources in the 
area.
    (2) Emission reductions otherwise required by this chapter shall not 
be creditable as emissions reductions for purposes of any such offset 
requirement. Incidental emission reductions which are not otherwise 
required by this chapter shall be creditable as emission reductions for 
such purposes if such emission reductions meet the requirements of 
paragraph (1).

(d) Control technology information

    The State shall provide that control technology information from 
permits issued under this section will be promptly submitted to the 
Administrator for purposes of making such information available through 
the RACT/BACT/LAER clearinghouse to other States and to the general 
public.

(e) Rocket engines or motors

    The permitting authority of a State shall allow a source to offset 
by alternative or innovative means emission increases from rocket engine 
and motor firing, and cleaning related to such firing, at an existing or 
modified major source that tests rocket engines or motors under the 
following conditions:
        (1) Any modification proposed is solely for the purpose of 
    expanding the testing of rocket engines or motors at an existing 
    source that is permitted to test such engines on November 15, 1990.
        (2) The source demonstrates to the satisfaction of the 
    permitting authority of the State that it has used all reasonable 
    means to obtain and utilize offsets, as determined on an annual 
    basis, for the emissions increases beyond allowable levels, that all 
    available offsets are being used, and that sufficient offsets are 
    not available to the source.
        (3) The source has obtained a written finding from the 
    Department of Defense, Department of Transportation, National 
    Aeronautics and Space Administration or other appropriate Federal 
    agency, that the testing of rocket motors or engines at the facility 
    is required for a program essential to the national security.
        (4) The source will comply with an alternative measure, imposed 
    by the permitting authority, designed to offset any emission 
    increases beyond permitted levels not directly offset by the source. 
    In lieu of imposing any alternative offset measures, the permitting 
    authority may impose an emissions fee to be paid to such authority 
    of a State which shall be an amount no greater than 1.5 times the 
    average cost of stationary source control measures adopted in that 
    area during the previous 3 years. The permitting authority shall 
    utilize the fees in a manner that maximizes the emissions reductions 
    in that area.

(July 14, 1955, ch. 360, title I, Sec. 173, as added Pub. L. 95-95, 
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L. 95-
190, Sec. 14(a)(57), (58), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101-
549, title I, Sec. 102(c), Nov. 15, 1990, 104 Stat. 2415.)

                       References in Text

    Section 7502(b) of this title, referred to in subsec. (a), was 
amended generally by Pub. L. 101-549, title I, Sec. 102(b), Nov. 15, 
1990, 104 Stat. 2412, and, as so amended, does not contain a par. (6). 
See section 7502(c)(5) of this title.


                               Amendments

    1990--Pub. L. 101-549, Sec. 102(c)(1), made technical amendment to 
section catchline.
    Pub. L. 101-549, Sec. 102(c)(2), (8), designated existing provisions 
as subsec. (a), inserted heading, and substituted ``(1) shall be 
federally enforceable'' for ``(1)(A) shall be legally binding'' in last 
sentence.
    Subsec. (a)(1). Pub. L. 101-549, Sec. 102(c)(3), inserted at 
beginning ``in accordance with regulations issued by the Administrator 
for the determination of baseline emissions in a manner consistent with 
the assumptions underlying the applicable implementation plan approved 
under section 7410 of this title and this part,''.
    Subsec. (a)(1)(A). Pub. L. 101-549, Sec. 102(c)(4), inserted 
``sufficient offsetting emissions reductions have been obtained, such 
that'' after ``to commence operation,'' and substituted ``(as determined 
in accordance with the regulations under this paragraph)'' for ``allowed 
under the applicable implementation plan''.
    Subsec. (a)(1)(B). Pub. L. 101-549, Sec. 102(c)(5), inserted at 
beginning ``in the case of a new or modified major stationary source 
which is located in a zone (within the nonattainment area) identified by 
the Administrator, in consultation with the Secretary of Housing and 
Urban Development, as a zone to which economic development should be 
targeted,'' and substituted ``7502(c)'' for ``7502(b)''.
    Subsec. (a)(4). Pub. L. 101-549, Sec. 102(c)(6), inserted at 
beginning ``the Administrator has not determined that'', substituted 
``not being adequately implemented'' for ``being carried out'', and 
substituted ``; and'' for period at end.
    Subsec. (a)(5). Pub. L. 101-549, Sec. 102(c)(7), added par. (5).
    Subsec. (b). Pub. L. 101-549, Sec. 102(c)(9), added subsec. (b).
    Subsecs. (c) to (e). Pub. L. 101-549, Sec. 102(c)(10), added 
subsecs. (c) to (e).
    1977--Par. (1)(A). Pub. L. 95-190, Sec. 14(a)(57), inserted ``or 
modified'' after ``from new'' and ``applicable'' before ``implementation 
plan'', and substituted ``source'' for ``facility'' wherever appearing.
    Par. (4). Pub. L. 95-190, Sec. 14(a)(58), added par. (4).


 Failure To Attain National Primary Ambient Air Quality Standards Under 
                              Clean Air Act

    Pub. L. 100-202, Sec. 101(f) [title II], Dec. 22, 1987, 101 Stat. 
1329-187, 1329-199, provided that: ``No restriction or prohibition on 
construction, permitting, or funding under sections 110(a)(2)(I), 
173(4), 176(a), 176(b), or 316 of the Clean Air Act [sections 
7410(a)(2)(I), 7503(4), 7506(a), (b), 7616 of this title] shall be 
imposed or take effect during the period prior to August 31, 1988, by 
reason of (1) the failure of any nonattainment area to attain the 
national primary ambient air quality standard under the Clean Air Act 
[this chapter] for photochemical oxidants (ozone) or carbon monoxide (or 
both) by December 31, 1987, (2) the failure of any State to adopt and 
submit to the Administrator of the Environmental Protection Agency an 
implementation plan that meets the requirements of part D of title I of 
such Act [this part] and provides for attainment of such standards by 
December 31, 1987, (3) the failure of any State or designated local 
government to implement the applicable implementation plan, or (4) any 
combination of the foregoing. During such period and consistent with the 
preceding sentence, the issuance of a permit (including required 
offsets) under section 173 of such Act [this section] for the 
construction or modification of a source in a nonattainment area shall 
not be denied solely or partially by reason of the reference contained 
in section 171(l) of such Act [section 7501(1) of this title] to the 
applicable date established in section 172(a) [section 7502(a) of this 
title]. This subsection [probably means the first 3 sentences of this 
note] shall not apply to any restriction or prohibition in effect under 
sections 110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of such Act prior 
to the enactment of this section [Dec. 22, 1987]. Prior to August 31, 
1988, the Administrator of the Environmental Protection Agency shall 
evaluate air quality data and make determinations with respect to which 
areas throughout the nation have attained, or failed to attain, either 
or both of the national primary ambient air quality standards referred 
to in subsection (a) [probably means the first 3 sentences of this note] 
and shall take appropriate steps to designate those areas failing to 
attain either or both of such standards as nonattainment areas within 
the meaning of part D of title I of the Clean Air Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7492, 7502, 7509, 7511a, 
7513a of this title.
