§7478 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Old air-quality rules that were in force before August 7, 1977, stay in effect for an area until a new approved plan that meets the law’s prevention requirements is in place for that area. Those older rules keep protecting air quality for any pollutant unless changed as explained below. If a pre‑August 7, 1977 rule conflicts with the specific requirements in sections 7472(a), 7473(b), or 7474(a), the old rule is treated as changed to match those requirements. Also, for a facility where construction began (as defined elsewhere) after June 1, 1975 and before August 7, 1977, its review and permits must follow the pre‑August 7, 1977 rules.

Title 42, §7478

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

(a)Until such time as an applicable implementation plan is in effect for any area, which plan meets the requirements of this part to prevent significant deterioration of air quality with respect to any air pollutant, applicable regulations under this chapter prior to August 7, 1977, shall remain in effect to prevent significant deterioration of air quality in any such area for any such pollutant except as otherwise provided in subsection (b).

(b)If any regulation in effect prior to August 7, 1977, to prevent significant deterioration of air quality would be inconsistent with the requirements of section 7472(a), section 7473(b) or section 7474(a) of this title, then such regulations shall be deemed amended so as to conform with such requirements. In the case of a facility on which construction was commenced (in accordance with the definition of “commenced” in section 7479(2) of this title) after June 1, 1975, and prior to August 7, 1977, the review and permitting of such facility shall be in accordance with the regulations for the prevention of significant deterioration in effect prior to August 7, 1977.

Editorial Notes

Amendments

1977—Subsec. (b). Pub. L. 95–190 substituted “(in accordance with the definition of ‘commenced’ in section 7479(2) of this title)” for “in accordance with this definition”.

§7478 Period before plan approval

Summary

Title 42, §7478

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata