§ 7503. Permit requirements

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. The word “and” probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1955

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 title I § 129(b) · 91 Stat. 685

   Enacted · 42 U.S.C. § 7503

   July 14, 1955, ch. 360, title I, § 173, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 748

   Source evidence

   Code source credit
   July 14, 1955, ch. 360, title I, § 173, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 748

   Enacted provision · exact public law section
   (b) Title I of such Act is amended by adding the following new part at the end thereof: “Part D— Plan Requirements for Nonattainment Areas “definitions “Sec. 171. For the purpose of this part and section 110(a)(2)(I)— “(1) The term ‘reasonable further progress’ means annual incremental reductions in emissions of the applicable air pollutant (including substantial reductions in the early years following approval or promulgation of plan provisions under this part and section 110(a)(2)(I) and regular reductions thereafter) which are sufficient in the judgment of the Administrator, to provide for attainment of the applicable national ambient air quality standard by the date required in section 172(a). “(2) The term ‘nonattainment area’ means, for any air pollutant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Administrator to be reliable) to exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under subparagraphs (A) through (C) of section Ante, p. 687. 107(d)(1). “(3) The term ‘lowest achievable emission rate’ means for any source, that rate of emissions which reflects— “(A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or “(B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance. “(4) The terms ‘modifications’ and ‘modified’ mean the same as the term ‘modification’ as used in section 111(a)(4) of this 42 USC 7411. Act. “Sec. 172. “nonattainment plan provisions (a) (1) The provisions of an applicable implementation plan for a State relating to attainment and maintenance of national ambient air quality standards in any nonattainment area which are required by section 110(a)(2)(I) as a precondition for the construction or modification of any major stationary source in any such area on or after July 1, 1979, shall provide for attainment of each such national ambient air quality standard in each such area as expeditiously as practicable, but, in the case of national primary ambient air quality standards, not later than December 31, 1982. “(2) In the case of the national primary ambient air quality standard for photochemical oxidants or carbon monoxide (or both) if the State demonstrates to the satisfaction of the Administrator (on or before the time required for submission of such plan) that such attainment is not possible in an area with respect to either or both of such pollutants within the period prior to December 31, 1982, despite the implementation of all reasonably available measures, such provisions shall provide for the attainment of the national primary standard for the pollutant (or pollutants) with respect to which such demonstration is made, as expeditiously as practicable but not later than December 31, 1987. “(b) The plan provisions required by subsection (a) shall— “(1) be adopted by the State (or promulgated by the Administrator Notice and hearing. Ante, p. 694. under section 110(c)) after reasonable notice and public hearing; “(2) provide for the implementation of all reasonably available control measures as expeditiously as practicable; “(3) require, in the interim, reasonable further progress (as defined in section 171(1)) including such reduction in emissions from existing sources m the area as may be obtained through the adoption, at a minimum, of reasonably available control technology; “(4) include a comprehensive, accurate, current inventory of Emissions inventory. actual emissions from all sources (as provided by rule of the Administrator) of each such pollutant for each such area which is revised and resubmitted as frequently as may be necessary to assure that the requirements of paragraph (3) are met and to assess the need for additional reductions to assure attainment of each standard by the date required under paragraph (1); “(5) expressly identify and quantify the emissions, if any, of any such pollutant which will be allowed to result from the construction and operation of major new or modified stationary sources for each such area; “(6) require permits for the construction and operation of new Permits. or modified major stationary sources in accordance with section 173 (relating to permit requirements); “(7) identify and commit the financial and manpower resources necessary to carry out the plan provisions required by this subsection; “(8) contain emission limitations, schedules of compliance and such other measures as may be necessary to meet the requirements of this section; “(9) evidence public, local government, and State legislative involvement and consultation in accordance with section 174 (relating to planning procedures) and include (A) an identification and analysis of the air quality, health, welfare, economic, energy, and social effects of the plan provisions required by this subsection and of the alternatives considered by the State, and (B) a summary of the public comment on such analysis; “(10) include written evidence that the State, the general purpose local government or governments, or a regional agency designated by general purpose local governments for such purpose. have adopted by statute, regulation, ordinance, or other legally enforceable document, the necessary requirements and schedules and timetables for compliance, and are committed to implement and enforce the appropriate elements of the pl an; “(11) in the case of plans which make a demonstration pursue and to paragraph (2) of subsection (a)— “(A) establish a program which requires, prior to issuance Program. of any permit for construction or modification of a major emitting facility, an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification; “(B) establish a specific schedule for implementation of a vehicle emission control inspection and maintenance program; and “(C) identify other measures necessary’ to provide for attainment of the applicable national ambient air quality standard not later than December 31, 1987. “(c) In the case of a State plan revision required under the Clean Air Act Amendments of 1977 to be submitted before July 1, 1982, by reason of a demonstration under subsection (a)(2), effective on such date such plan shall contain enforceable measures to assure attainment of the applicable standard not later than July 1, 1987. “Sec. 173. “permit requirements The permit program required by section 172(b)(6) shall provide that permits to construct and operate may be issued if— “(1) the permitting agency determines that— “(A) by the time the facility is to commence operation, total allowable emissions from existing sources in the region, from new sources which are not major emitting facilities, and from the proposed facility will be sufficiently less than total emissions from existing sources allowed under the implementation plan prior to the application for such permit to construct or modify so as to represent (when considered together with the plan provisions required under section 172) reasonable further progress (as defined in section 171); or “(B) that emissions of such pollutant resulting from the proposed new or modified major stationary source will not cause or contribute to emissions levels which exceed the allowance permitted for such pollutant for such area from new or modified major stationary sources under section 172(b); “(2) the proposed source is required to comply with the lowest achievable emission rate; and “(3) the owner or operator of the proposed new or modified source has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under common control with such person) in such State are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards under this Act. Any emission reductions required as a precondition of the issuance of a permit under paragraph (1)(A) shall be legally binding before such permit may be issued. “Sec. 174. “planning procedures (a) Within six months after the enactment of the Clean Air Act Amendments of 1977, for each region in which the national primary ambient air quality standard for carbon monoxide or photochemical oxidants will not be attained by July 1, 1979, the State and elected officials of affected local governments shall jointly determine which elements of a revised implementation plan will lie planned for and implemented or enforced by the State and which such elements will be planned for and implemented or enforced by local governments or regional agencies, or any combination of local governments, regional agencies, or the State. Where possible within the time required under this subsection, the implementation plan required by this part shall be prepared by an organization of elected officials of local governments designated by agreement of the local governments in an affected area, and certified by the State for this purpose. Where such an organization has not been designated by Consultation. agreement within six months after the enactment of the Clean Air Act Amendments of 1977, the Governor (or, in the case of an interstate area, Governors), after consultation with elected officials of local governments, and in accordance with the determination under the first sentence of this subparagraph, shall designate an organization of elected officials of local governments in the affected area or a State agency to prepare such plan. Where feasible, such organization shall be the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, United States Code, or the organization responsible for the air quality maintenance planning process under regulations implementing this section, or the organization with both responsibilities. “(b) The preparation of implementation plan provisions under this part shall be coordinated with the continuing, cooperative, and comprehensive transportation planning process required under section 134 of title 23, United States Code, and the air quality maintenance planning process required under section 110, and such planning processes shall Ante, pp. 691–696. take into account the requirements of this part. “Sec. 175. “environmental protection agency grants (a) The Administrator shall make grants to any organization 42 USC 7505. of local elected officials with transportation or air quality maintenance planning responsibilities recognized by the State under section 174(a) for payment of the reasonable costs of developing a plan revision under this part. “(b) The amount granted to any organization under subsection (a) shall be 100 percent of any additional costs of developing a plan revision under this part for the first two fiscal years following receipt of the grant under this paragraph, and shall supplement any funds available under Federal law to such organization for transportation or air quality maintenance planning. Grants under this section shall not be used for construction. “Sec. 176. “limitations on certain federal assistance (a) The Administrator shall not approve any projects or 42 USC 7506. award any grants authorized by this Act and the Secretary of Transportation shall not approve any projects or award any grants under title 23, United States Code, other than for safety, mass transit, or 23 USC 101 et seq. transportation improvement projects related to air quality improvement or maintenance, in any air quality control region— “(1) in which any primary ambient air quality standard has not been attained, “(2) where transportation control measures are necessary for the attainment of such standard, and “(3) where the Administrator finds after July 1, 1979, that the Governor has not submitted an implementation plan which considers each of the elements required by section 172 or that reasonable efforts toward submitting such an implementation plan are not being made (or, after July 1, 1982, in the case of an implementation plan revision required under section 172 to be submitted before July 1, 1982). “(b) In any area in which the State or, as the case may be, the general purpose local government or governments or any regional agency designated by such general purpose local governments for such purpose, is not, implementing any requirement of an approved or promulgated Ante, pp. 691–696. plan under section 110, including any requirement for a revised implementation plan under this part, the Administrator shall not make any grants under this Act. “(c) No department, agency, or instrumentality of the Federal Government shall (1) engage in, (2) support in any way or provide financial assistance for, (3) license or permit, or (4) approve, any activity which does not conform to a plan after it has been approved or promulgated under section 110. No metropolitan planning organization designated under section 134 of title 23, United States Code, shall give its approval to any project, program, or plan which does not conform to a plan approved or promulgated under section 110. The assurance of conformity to such a plan shall be an affirmative responsibility of the head of such department, agency, or instrumentality. “(d) Each department, agency, or instrumentality of the Federal Government having authority to conduct or support any program with air-quality related transportation consequences shall give priority in the exercise of such authority, consistent with statutory requirements for allocation among States or other jurisdictions, to the implementation of those portions of plans prepared under this section to achieve and maintain the national primary ambient air quality standard. This paragraph extends to, but is not limited to, authority exercised under 49 USC 1601 note. 12 USC 1749m note. the Urban Mass Transportation Act, title 23 of the United States Code, and the Housing and Urban Development Act. “Sec. 177. “new motor vehicle emission standards in nonattainment areas Notwithstanding section 209(a), any State which has plan provisions approved under this part may adopt and enforce for any model year standards relating to control of emissions from new motor vehicles or new motor vehicle engines and take such other actions as are referred to in section 209(a) respecting such vehicles if— “(1) such standards are identical to the California standards for which a waiver has been granted for such model year, and “(2) California and such State adopt such standards at least two years before commencement of such model year (as determined by regulations of the Administrator). “Sec. 178. “guidance documents The Administrator shall issue guidance documents under section 108 for purposes of assisting States in implementing requirements of this part respecting the lowest achievable emission rate. Such a document shall be published not later than nine months after the date of enactment of this part and shall be revised at least every two years thereafter.”.

2. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(57) · 91 Stat. 1393

   1. Inserted · 42 U.S.C. § 7503(1)(A)

      Pub. L. 95–190, § 14(a)(57), inserted “or modified” after “from new” and “applicable” before “implementation plan”

   2. Substituted · 42 U.S.C. § 7503(1)(A)

      Pub. L. 95–190, § 14(a)(57), substituted “source” for “facility” wherever appearing

   Source evidence

   Code amendment note
   Par. (1)(A). Pub. L. 95–190, § 14(a)(57), inserted “or modified” after “from new” and “applicable” before “implementation plan”, and substituted “source” for “facility” wherever appearing.

   Enacted provision · exact public law section
   (57) in section 173(1) (A) strike out “facility” each place it Permit requirements. 42 USC 7503. appears and insert in lieu thereof “source”; strike out “from new” and insert in lieu thereof “from new or modified”; and insert “applicable” before “implementation plan”;

3. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(58) · 91 Stat. 1393

   Added · 42 U.S.C. § 7503(4)

   Pub. L. 95–190, § 14(a)(58), added par. (4)

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 95–190, § 14(a)(58), added par. (4).

   Enacted provision · exact public law section
   (58) in section 173 strike out “and” after the semicolon in paragraph (2); strike out the period at the end of paragraph (3) and insert in lieu thereof “; and”; and add the following at the end thereof: “(4) the applicable implementation plan is being carried out for the nonattainment area in which the proposed source is to be constructed or modified in accordance with the requirements of this part.”;

4. 1990

   Pub. L. 101–549 § 102(c)(1) · 104 Stat. 2399

   Changed · 42 U.S.C. § 7503

   Pub. L. 101–549, § 102(c)(1), made technical amendment to section catchline

   Source evidence

   Code amendment note
   Pub. L. 101–549, § 102(c)(1), made technical amendment to section catchline.

   Enacted provision · exact public law section
   (1) Strike the center heading and “Sec. 173.” and insert: “SEC. 173. PERMIT REQUIREMENTS.”.

5. 1990

   Pub. L. 101–549 § 102(c)(2) · 104 Stat. 2399

   1. Amended · 42 U.S.C. § 7503

      Pub. L. 101–549, § 102(c)(2), (8), designated existing provisions as subsec. (a)

   2. Inserted · 42 U.S.C. § 7503

      Pub. L. 101–549, § 102(c)(2), (8), inserted heading

   3. Substituted · 42 U.S.C. § 7503

      Pub. L. 101–549, § 102(c)(2), (8), substituted “(1) shall be federally enforceable” for “(1)(A) shall be legally binding” in last sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–549, § 102(c)(2), (8), designated existing provisions as subsec. (a), inserted heading, and substituted “(1) shall be federally enforceable” for “(1)(A) shall be legally binding” in last sentence.

   Enacted provision · exact public law section
   (2) Insert “(a) In General.—” before the first sentence.

6. 1990

   Pub. L. 101–549 § 102(c)(3) · 104 Stat. 2399

   Inserted · 42 U.S.C. § 7503(a)(1)

   Pub. L. 101–549, § 102(c)(3), inserted at beginning “in accordance with regulations issued by the Administrator for the determination of baseline emissions in a manner consistent with the assumptions underlying the applicable implementation plan approved under section 7410 of this title and this part,”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–549, § 102(c)(3), inserted at beginning “in accordance with regulations issued by the Administrator for the determination of baseline emissions in a manner consistent with the assumptions underlying the applicable implementation plan approved under section 7410 of this title and this part,”.

   Enacted provision · exact public law section
   (3) Insert the following after “(1)”: “in accordance with regulations issued by the Administrator for the determination of baseline emissions in a manner consistent with the assumptions underlying the applicable implementation plan approved under section 110 and this part,”.

7. 1990

   Pub. L. 101–549 § 102(c)(4) · 104 Stat. 2399

   1. Inserted · 42 U.S.C. § 7503(a)(1)(A)

      Pub. L. 101–549, § 102(c)(4), inserted “sufficient offsetting emissions reductions have been obtained, such that” after “to commence operation,”

   2. Substituted · 42 U.S.C. § 7503(a)(1)(A)

      Pub. L. 101–549, § 102(c)(4), substituted “(as determined in accordance with the regulations under this paragraph)” for “allowed under the applicable implementation plan”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 101–549, § 102(c)(4), inserted “sufficient offsetting emissions reductions have been obtained, such that” after “to commence operation,” and substituted “(as determined in accordance with the regulations under this paragraph)” for “allowed under the applicable implementation plan”.

   Enacted provision · exact public law section
   (4) Make the following amendments in subparagraph (A) of paragraph (1): (A) Insert “sufficient offsetting emissions reductions have been obtained, such that” immediately after the comma following “commence operation”. (B) Strike “allowed under the applicable implementation plan” and insert “(as determined in accordance with the regulations under this paragraph)”.

8. 1990

   Pub. L. 101–549 § 102(c)(5) · 104 Stat. 2399

   1. Inserted · 42 U.S.C. § 7503(a)(1)(B)

      Pub. L. 101–549, § 102(c)(5), inserted at beginning “in the case of a new or modified major stationary source which is located in a zone (within the nonattainment area) identified by the Administrator, in consultation with the Secretary of Housing and Urban Development, as a zone to which economic development should be targeted,”

   2. Substituted · 42 U.S.C. § 7503(a)(1)(B)

      Pub. L. 101–549, § 102(c)(5), substituted “7502(c)” for “7502(b)”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 101–549, § 102(c)(5), inserted at beginning “in the case of a new or modified major stationary source which is located in a zone (within the nonattainment area) identified by the Administrator, in consultation with the Secretary of Housing and Urban Development, as a zone to which economic development should be targeted,” and substituted “7502(c)” for “7502(b)”.

   Enacted provision · exact public law section
   (5) Make the following amendments in subparagraph (B) of paragraph (1): (A) Insert “in the case of a new or modified major stationary source which is located in a zone (within the nonattainment area) identified by the Administrator, in consultation with the Secretary of Housing and Urban Development, as a zone to which economic development should be targeted,” at the beginning thereof. (B) Strike “172(b)” and insert “172(c)”.

9. 1990

   Pub. L. 101–549 § 102(c)(6) · 104 Stat. 2399

   1. Inserted · 42 U.S.C. § 7503(a)(4)

      Pub. L. 101–549, § 102(c)(6), inserted at beginning “the Administrator has not determined that”

   2. Substituted · 42 U.S.C. § 7503(a)(4)

      Pub. L. 101–549, § 102(c)(6), substituted “not being adequately implemented” for “being carried out”

   3. Substituted · 42 U.S.C. § 7503(a)(4)

      Pub. L. 101–549, § 102(c)(6), substituted “; and” for period at end

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 101–549, § 102(c)(6), inserted at beginning “the Administrator has not determined that”, substituted “not being adequately implemented” for “being carried out”, and substituted “; and” for period at end.

   Enacted provision · exact public law section
   (6) Make the following amendments in paragraph (4): (A) Insert “the Administrator has not determined that” after “(4)”. (B) Strike “being carried out” and insert “not being adequately implemented”. (C) Replace the period at the end thereof with “;and”.

10. 1990

    Pub. L. 101–549 § 102(c)(7) · 104 Stat. 2399

    Added · 42 U.S.C. § 7503(a)(5)

    Pub. L. 101–549, § 102(c)(7), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 101–549, § 102(c)(7), added par. (5).

    Enacted provision · exact public law section
    (7) Add the following new paragraph after paragraph (4): “(5) an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.”.

11. 1990

    Pub. L. 101–549 § 102(c)(9) · 104 Stat. 2399

    Added · 42 U.S.C. § 7503(b)

    Pub. L. 101–549, § 102(c)(9), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–549, § 102(c)(9), added subsec. (b).

    Enacted provision · exact public law section
    (9) Add a new subsection (b) to read as follows: “(b) Prohibition on Use of Old Growth Allowances.— Any growth allowance included in an applicable implementation plan to meet the requirements of section 172(b)(5) (as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990) shall not be valid for use in any area that received or receives a notice under section 110(a)(2)(H)(ii) (as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990) or under section 110(k)(1) that its applicable implementation plan containing such allowance is substantially inadequate.”.

12. 1990

    Pub. L. 101–549 § 102(c)(10) · 104 Stat. 2399

    Added · 42 U.S.C. § 7503(c)(e)

    Pub. L. 101–549, § 102(c)(10), added subsecs. (c) to (e)

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 101–549, § 102(c)(10), added subsecs. (c) to (e).

    Enacted provision · exact public law section
    (10) Add the following new subsections at the end thereof: “(c) Offsets.— (1) The owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under this part for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located. Such emission reductions shall be, by the time a new or modified source commences operation, in effect and enforceable and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such air pollutant from the same or other sources in the area. “(2) Emission reductions otherwise required by this Act shall not be creditable as emissions reductions for purposes of any such offset requirement. Incidental emission reductions which are not other-wise required by this Act shall be creditable as emission reductions for such purposes if such emission reductions meet the requirements of paragraph (1). “(d) Control Technology Information.— The State shall provide that control technology information from permits issued under this section will be promptly submitted to the Administrator for purposes of making such information available through the RACT/BACT/LAER clearinghouse to other States and to the general public. “(e) Rocket Engines or Motors.— The permitting authority of a State shall allow a source to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major source that tests rocket engines or motors under the following conditions: “(1) Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that is permitted to test such engines on the date of enactment of this subsection. “(2) The source demonstrates to the satisfaction of the permit-ting authority of the State that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source. “(3) The source has obtained a written finding from the Department of Defense, Department of Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to the national security. “(4) The source will comply with an alternative measure, imposed by the permitting authority, designed to offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing any alternative offset measures, the permitting authority may impose an emissions fee to be paid to such authority of a State which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that area during the previous 3 years. The permitting authority shall utilize the fees in a manner that maximizes the emissions reductions in that area.”.

19 of 19 references resolved to an enrolled provision