42 U.S.C. § 7423: Stack heights

Summary

Requires that air pollution limits must be met no matter how tall a smokestack is above what is called "good engineering practice," and regardless of any methods used to spread out emissions. This rule does not apply to stack heights or dispersion methods that were already in use before December 31, 1970. For coal-fired steam electric units covered by section 7418 that started before July 1, 1957, if a construction contract for the stack was awarded before February 8, 1974, the full stack height can be counted when setting limits. "Dispersion technique" means any on-off or extra control that varies with weather. The Administrator must write rules within six months after August 7, 1977, after notice and hearing, saying what "good engineering practice" means. That height prevents high pollution near the source from downwash, eddies, or nearby structures or terrain. Good engineering practice is normally no more than 2.5 times the source height unless the owner proves a taller height is needed after notice and hearing. The Administrator may not ban or limit increases in stack height.

Title 42, §7423

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

(a)Heights in excess of good engineering practice; other dispersion techniques

The degree of emission limitation required for control of any air pollutant under an applicable implementation plan under this subchapter shall not be affected in any manner by—

(1)so much of the stack height of any source as exceeds good engineering practice (as determined under regulations promulgated by the Administrator), or

(2)any other dispersion technique.

The preceding sentence shall not apply with respect to stack heights in existence before December 31, 1970, or dispersion techniques implemented before such date. In establishing an emission limitation for coal-fired steam electric generating units which are subject to the provisions of section 7418 of this title and which commenced operation before July 1, 1957, the effect of the entire stack height of stacks for which a construction contract was awarded before February 8, 1974, may be taken into account.

(b)Dispersion technique

For the purpose of this section, the term “dispersion technique” includes any intermittent or supplemental control of air pollutants varying with atmospheric conditions.

(c)Regulations; good engineering practice

Not later than six months after August 7, 1977, the Administrator, shall after notice and opportunity for public hearing, promulgate regulations to carry out this section. For purposes of this section, good engineering practice means, with respect to stack heights, the height necessary to insure that emissions from the stack do not result in excessive concentrations of any air pollutant in the immediate vicinity of the source as a result of atmospheric downwash, eddies and wakes which may be created by the source itself, nearby structures or nearby terrain obstacles (as determined by the Administrator). For purposes of this section such height shall not exceed two and a half times the height of such source unless the owner or operator of the source demonstrates, after notice and opportunity for public hearing, to the satisfaction of the Administrator, that a greater height is necessary as provided under the preceding sentence. In no event may the Administrator prohibit any increase in any stack height or restrict in any manner the stack height of any source.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an

Effective Date

of 1977 Amendment note under section 7401 of this title.

§7423 Stack Heights

Summary

Title 42, §7423

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata