Title 42, The Public Health and WelfareRelease 119-110

§7478 Period Before Plan Approval

Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER I — PROGRAMS AND ACTIVITIES › Part C — Prevention of Significant Deterioration of Air Quality › subpart i — clean air › § 7478

Last updated Sep 22, 2026|Official source

Summary

Keep air-quality rules that were in place before August 7, 1977 in force for any area until an approved plan that meets the law’s prevention standards for air pollution is in effect for that area. Those old rules keep working to prevent air quality from getting worse unless the next rule says otherwise. If an old rule would clash with the requirements in sections 7472(a), 7473(b), or 7474(a), treat the old rule as if it were changed to match those requirements. If a facility began construction after June 1, 1975 but before August 7, 1977, its review and permitting follow the pre‑August 7, 1977 rules.

Full Legal Text

Title 42, §7478

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

(a)Existing regulations to remain in effect
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)Regulations deemed amended; construction commenced after June 1, 1975
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.

Legislative History

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7478

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110