42 U.S.C. § 7473

Increments and ceilings

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(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.11 So in original. The period probably should be a comma.(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.(July 14, 1955, ch. 360, title I, § 163, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 732; amended Pub. L. 95–190, § 14(a)(41), Nov. 16, 1977, 91 Stat. 1401.)Editorial NotesReferences in Text

The Federal Power Act, referred to in subsec. (c)(1)(B), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.

Amendments

1977—Subsec. (a). Pub. L. 95–190 inserted “section” before “7475”.

Notes of Decisions

Cited in 26 cases (1 in the last 5 years), 1979–2024 · leading case: Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors.

Sort: Relevance Newest Treatment

Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors. (1980) cadc · cites it 11× “Until the designation of that area for such a pollutant is modified under section 107, the area will be categorized both under section 107 as a presumed “clean air area” and under section 171(2) as a “nonattainment area.”

Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency (2012) cadc · cites it 3× “See 42 U.S.C. § 7473 (b)(1). Subsections (1) through (3) of § 163(b)' — • not directly relevant here — set limits on the maximum allowable increases for two specific NAAQS pollutants, sulfur dioxide and particulate matter.”

American Corn Growers Association v. Environmental Protection Agency, State of Michigan, Department of Environmental Qua (2002) cadc “See 42 U.S.C. § 7473 (b). It is therefore true, as industry petitioners point out, that the PSD program may sometimes allow for limited air quality deterioration.”

Sierra Club v. Moser (2013) kan “anticipated to endanger public health or welfare” and to periodically review and revise those standards.”

Citizens to Save Spencer County v. United States Environmental Protection Agency (1979) cadc · cites it 2× “42 U.S.C.A. § 7473 (b)(1) (1978). . 42 U.”

Nucor Steel-Arkansas v. Pruitt (2017) dcd · cites it 2× “983 ; see also 42 U.S.C. § 7473 (setting “increments” for specific pollutants).”

Sierra Club v. Environmental Protection Agency (2013) cadc “See 42 U.S.C. § 7473 ; Environmental Defense Fund, 898 F.”

Groce v. Department of Environmental Protection (2007) pacommwct “21 42 U.S.C. § 7473 (b); 40 C.F.R. § 52.21 (c).”

Michigan v. United States Environmental Protection Agency (2009) ca7 “42 U.S.C. § 7473 . Thus, it is more difficult for emitting sources in the vicinity of a Class I area to obtain a PSD permit.”

Alaska Wilderness League v. United States Environmental Protection Agency (2013) ca9 “However, § 7473 does not specify how increments apply to minor, temporary sources like the Kulluk. Section 7473 is also silent as to preconstruction increment analysis and imposes no preconstruction requirements on any source.”

WildEarth Guardians v. Jackson (2012) cand “42 U.S.C. § 7473 (establishing specific standards expressed in micrograms per cubic meter).”

United States v. Ford Motor Co. (1990) mowd “Attainment and unclassifiable areas were made subject to section 163 of the 1977 amendments, 42 U.S.C. § 7473 , which was designed to prevent any significant deterioration in air quality.”

Show all 26 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.