Title 42The Public Health and WelfareRelease 119-73

§7473 Increments and ceilings

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS AND ACTIVITIES › Part Part C— - Prevention of Significant Deterioration of Air Quality › Subpart subpart i— - clean air › § 7473

Last updated Apr 6, 2026|Official source

Summary

State air-quality plans must set rules so sulfur dioxide and particulate matter do not rise above allowed increases over the baseline or above set concentration limits. Shorter-term increases tied to national ambient air quality standards (anything other than an annual average) may be exceeded only once per year. The allowed increases over baseline depend on the area's class: Class I — particulate: annual geometric mean 5 micrograms per cubic meter, 24‑hour 10; sulfur dioxide: annual arithmetic mean 2, 24‑hour 5, 3‑hour 25. Class II — particulate: annual 19, 24‑hour 37; sulfur dioxide: annual 20, 24‑hour 91, 3‑hour 512. Class III — particulate: annual 37, 24‑hour 75; sulfur dioxide: annual 40, 24‑hour 182, 3‑hour 700. Also, for each exposure period the total concentration of any pollutant cannot be higher than the concentration allowed by the national primary or national secondary ambient air quality standard for that period. After public notice and a hearing, a Governor may adopt orders or rules that exclude certain increases when checking compliance. These exclusions can cover increases from stationary sources that switched fuels because of a federal order (sections 792(a) and (b) of title 15), increases from stations that switched because of a natural gas curtailment plan under the Federal Power Act, particulate increases from construction or other temporary activities, and increases from new sources outside the United States compared with the baseline. Exclusions for the fuel-switching or gas‑curtailment items cannot be used more than five years after the federal order or plan took effect (if both apply, five years after the later date). Any such exclusion only takes effect after the Governor sends the order or rule to the Administrator and the Administrator finds it complies with these rules.

Full Legal Text

Title 42, §7473

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(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 mean5 Twenty-four-hour maximum10 Sulfur dioxide: Annual arithmetic mean2 Twenty-four-hour maximum5 Three-hour maximum25
(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 mean19 Twenty-four-hour maximum37 Sulfur dioxide: Annual arithmetic mean20 Twenty-four-hour maximum91 Three-hour maximum512
(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 mean37 Twenty-four-hour maximum75 Sulfur dioxide: Annual arithmetic mean40 Twenty-four-hour maximum182 Three-hour maximum700
(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,
(c)(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 section 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References 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”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7473

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73