Title 42The Public Health and WelfareRelease 119-73

§7476 Other pollutants

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 › § 7476

Last updated Apr 6, 2026|Official source

Summary

The EPA Administrator must study and then, within two years after August 7, 1977, issue rules to stop big declines in air quality caused by hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides. For any pollutant that gets a new national air standard after August 7, 1977, the EPA must issue similar rules within two years after that standard is set. The rules take effect one year after they are issued. States must send updated plans to the EPA within 21 months, and the EPA will approve or disapprove them within 25 months. The rules must give clear numeric tests for permit decisions, push for better pollution controls, protect air quality values, and meet the law’s goals. They must be at least as strict as the existing allowed-increase limits and can use air-quality increments, limits on emissions per area, or other measures. For pollutants except sulfur oxides and particulate matter, a state does not need an area-classification plan if its plan has other measures that the EPA finds are at least as effective. The EPA may replace the old particulate limits with limits for particles 10 micrometers or smaller, as long as the new limits are equally strict; until then, the old limits stay in effect.

Full Legal Text

Title 42, §7476

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

(a)In the case of the pollutants hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides, the Administrator shall conduct a study and not later than two years after August 7, 1977, promulgate regulations to prevent the significant deterioration of air quality which would result from the emissions of such pollutants. In the case of pollutants for which national ambient air quality standards are promulgated after August 7, 1977, he shall promulgate such regulations not more than 2 years after the date of promulgation of such standards.
(b)Regulations referred to in subsection (a) shall become effective one year after the date of promulgation. Within 21 months after such date of promulgation such plan revision shall be submitted to the Administrator who shall approve or disapprove the plan within 25 months after such date or 11 So in original. Probably should be “of”. promulgation in the same manner as required under section 7410 of this title.
(c)Such regulations shall provide specific numerical measures against which permit applications may be evaluated, a framework for stimulating improved control technology, protection of air quality values, and fulfill the goals and purposes set forth in section 7401 and section 7470 of this title.
(d)The regulations of the Administrator under subsection (a) shall provide specific measures at least as effective as the increments established in section 7473 of this title to fulfill such goals and purposes, and may contain air quality increments, emission density requirements, or other measures.
(e)With respect to any air pollutant for which a national ambient air quality standard is established other than sulfur oxides or particulate matter, an area classification plan shall not be required under this section if the implementation plan adopted by the State and submitted for the Administrator’s approval or promulgated by the Administrator under section 7410(c) of this title contains other provisions which when considered as a whole, the Administrator finds will carry out the purposes in section 7470 of this title at least as effectively as an area classification plan for such pollutant. Such other provisions referred to in the preceding sentence need not require the establishment of maximum allowable increases with respect to such pollutant for any area to which this section applies.
(f)The Administrator is authorized to substitute, for the maximum allowable increases in particulate matter specified in section 7473(b) of this title and section 7475(d)(2)(C)(iv) of this title, maximum allowable increases in particulate matter with an aerodynamic diameter smaller than or equal to 10 micrometers. Such substituted maximum allowable increases shall be of equal stringency in effect as those specified in the provisions for which they are substituted. Until the Administrator promulgates regulations under the authority of this subsection, the current maximum allowable increases in concentrations of particulate matter shall remain in effect.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (f). Pub. L. 101–549 added subsec. (f).

Reference

Citations & Metadata

Citation

42 U.S.C. § 7476

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73