---
kind: "section"
citation: "42 U.S.C. § 7475"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7475"
heading: "Preconstruction requirements"
release: "119-102"
url: "https://uscodex.org/usc/42/7475"
units:
  - "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"
---

# §7475. Preconstruction requirements

- (a) **Major emitting facilities on which construction is commenced—** No [major emitting facility](/usc/42/7479.md?p=1) on which [construction](/usc/42/7479.md?p=2-C) is [commenced](/usc/42/7479.md?p=2-A) after August 7, 1977, may be constructed in any area to which this part applies unless—
  - (1) a permit has been issued for such proposed [facility](/usc/42/11049.md?p=4) in accordance with this part setting forth [emission limitations](/usc/42/7602.md?p=k) for such [facility](/usc/42/11049.md?p=4) which conform to the requirements of this part;
  - (2) the proposed permit has been subject to a review in accordance with this section, the required analysis has been conducted in accordance with regulations promulgated by the [Administrator](/usc/42/7602.md?p=a), and a public hearing has been held with opportunity for interested [persons](/usc/42/7602.md?p=e) including [representatives](/usc/42/3058f.md?p=5) of the [Administrator](/usc/42/7602.md?p=a) to appear and submit written or oral presentations on the air quality impact of such source, alternatives thereto, control technology requirements, and other appropriate considerations;
  - (3) the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4) demonstrates, as required pursuant to [section 7410(j) of this title](/usc/42/7410.md?p=j), that emissions from [construction](/usc/42/7479.md?p=2-C) or operation of such [facility](/usc/42/11049.md?p=4) will not [cause](/usc/42/9908.md?p=c-2), or contribute to, air pollution in excess of any (A) maximum allowable increase or maximum allowable concentration for any [pollutant](/usc/42/1397h.md?p=c-4) in any area to which this part applies more than one time per year, (B) national ambient air quality [standard](/usc/42/1320d.md?p=7) in any air quality control region, or (C) any other applicable [emission standard](/usc/42/7602.md?p=k) or [standard of performance](/usc/42/7602.md?p=l) under this chapter;
  - (4) the proposed [facility](/usc/42/11049.md?p=4) is subject to the best available control technology for each [pollutant](/usc/42/1397h.md?p=c-4) subject to regulation under this chapter emitted from, or which results from, such [facility](/usc/42/11049.md?p=4);
  - (5) the provisions of [subsection (d)](#d) with respect to protection of class I areas have been complied with for such [facility](/usc/42/11049.md?p=4);
  - (6) there has been an analysis of any air quality impacts projected for the area as a result of growth associated with such [facility](/usc/42/11049.md?p=4);
  - (7) the [person](/usc/42/7602.md?p=e) who owns or operates, or proposes to own or operate, a [major emitting facility](/usc/42/7479.md?p=1) for which a permit is required under this part agrees to conduct such monitoring as may be necessary to determine the effect which emissions from any such [facility](/usc/42/11049.md?p=4) may have, or is having, on air quality in any area which may be affected by emissions from such source; and
  - (8) in the case of a source which proposes to construct in a class III area, emissions from which would [cause](/usc/42/9908.md?p=c-2) or contribute to exceeding the maximum allowable increments applicable in a class II area and where no [standard](/usc/42/1320d.md?p=7) under [section 7411 of this title](/usc/42/7411.md) has been promulgated subsequent to August 7, 1977, for such source [category](/usc/42/1395w–4.md?p=j-1), the [Administrator](/usc/42/7602.md?p=a) has approved the determination of best available technology as set forth in the permit.
- (b) **Exception—** The demonstration pertaining to maximum allowable increases required under [subsection (a)(3)](#a-3) shall not apply to maximum allowable increases for class II areas in the case of an expansion or [modification](/usc/42/7501.md?p=4) of a [major emitting facility](/usc/42/7479.md?p=1) which is in existence on August 7, 1977, whose allowable emissions of [air pollutants](/usc/42/7602.md?p=g), after compliance with [subsection (a)(4)](#a-4), will be less than fifty tons per year and for which the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4) demonstrates that emissions of particulate matter and sulfur oxides will not [cause](/usc/42/9908.md?p=c-2) or contribute to ambient air quality levels in excess of the national secondary ambient air quality [standard](/usc/42/1320d.md?p=7) for either of such [pollutants](/usc/42/1397h.md?p=c-4).
- (c) **Permit applications—** Any completed permit application under [section 7410 of this title](/usc/42/7410.md) for a [major emitting facility](/usc/42/7479.md?p=1) in any area to which this part applies shall be granted or denied not later than one year after the date of filing of such completed application.
- (d) **Action taken on permit applications; notice; adverse impact on air quality related values; variance; emission limitations—**
  - (1) Each [State](/usc/42/7602.md?p=d) shall transmit to the [Administrator](/usc/42/7602.md?p=a) a copy of each permit application relating to a [major emitting facility](/usc/42/7479.md?p=1) received by such [State](/usc/42/7602.md?p=d) and provide notice to the [Administrator](/usc/42/7602.md?p=a) of every action related to the consideration of such permit.
  - (2)
    - (A) The [Administrator](/usc/42/7602.md?p=a) shall provide notice of the permit application to the [Federal Land Manager](/usc/42/7602.md?p=i) and the Federal official charged with direct responsibility for management of any lands within a class I area which may be affected by emissions from the proposed [facility](/usc/42/11049.md?p=4).
    - (B) The [Federal Land Manager](/usc/42/7602.md?p=i) and the Federal official charged with direct responsibility for management of such lands shall have an affirmative responsibility to protect the air quality related values (including visibility) of any such lands within a class I area and to consider, in consultation with the [Administrator](/usc/42/7602.md?p=a), whether a proposed [major emitting facility](/usc/42/7479.md?p=1) will have an adverse impact on such values.
    - (C)
      - (i) In any case where the Federal official charged with direct responsibility for management of any lands within a class I area or the [Federal Land Manager](/usc/42/7602.md?p=i) of such lands, or the [Administrator](/usc/42/7602.md?p=a), or the [Governor](/usc/42/6372.md?p=1) of an adjacent [State](/usc/42/7602.md?p=d) containing such a class I area files a notice alleging that emissions from a proposed [major emitting facility](/usc/42/7479.md?p=1) may [cause](/usc/42/9908.md?p=c-2) or contribute to a change in the air quality in such area and identifying the potential adverse impact of such change, a permit shall not be issued unless the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4) demonstrates that emissions of particulate matter and sulfur dioxide will not [cause](/usc/42/9908.md?p=c-2) or contribute to concentrations which exceed the maximum allowable increases for a class I area.
      - (ii) In any case where the [Federal Land Manager](/usc/42/7602.md?p=i) demonstrates to the satisfaction of the [State](/usc/42/7602.md?p=d) that the emissions from such [facility](/usc/42/11049.md?p=4) will have an adverse impact on the air quality-related values (including visibility) of such lands, notwithstanding the fact that the change in air quality resulting from emissions from such [facility](/usc/42/11049.md?p=4) will not [cause](/usc/42/9908.md?p=c-2) or contribute to concentrations which exceed the maximum allowable increases for a class I area, a permit shall not be issued.
      - (iii) In any case where the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4) demonstrates to the satisfaction of the [Federal Land Manager](/usc/42/7602.md?p=i), and the [Federal Land Manager](/usc/42/7602.md?p=i) so certifies, that the emissions from such [facility](/usc/42/11049.md?p=4) will have no adverse impact on the air quality-related values of such lands (including visibility), notwithstanding the fact that the change in air quality resulting from emissions from such [facility](/usc/42/11049.md?p=4) will [cause](/usc/42/9908.md?p=c-2) or contribute to concentrations which exceed the maximum allowable increases for class I areas, the [State](/usc/42/7602.md?p=d) may issue a permit.
      - (iv) In the case of a permit issued pursuant to [clause (iii)](#d-2-C-iii), such [facility](/usc/42/11049.md?p=4) shall comply with such [emission limitations](/usc/42/7602.md?p=k) under such permit as may be necessary to assure that emissions of sulfur oxides and particulates from such [facility](/usc/42/11049.md?p=4) will not [cause](/usc/42/9908.md?p=c-2) or contribute to concentrations of such [pollutant](/usc/42/1397h.md?p=c-4) which exceed the following maximum allowable increases over the [baseline concentration](/usc/42/7479.md?p=4) for such [pollutants](/usc/42/1397h.md?p=c-4):

        |  | Maximum allowable increase (in micrograms per cubic meter) |
        | --- | --- |
        | Particulate matter: |  |
        | Annual geometric mean | 19 |
        | Twenty-four-hour maximum | 37 |
        | Sulfur dioxide: |  |
        | Annual arithmetic mean | 20 |
        | Twenty-four-hour maximum | 91 |
        | Three-hour maximum | 325 |

    - (D)
      - (i) In any case where the [owner or operator](/usc/42/9601.md?p=20-B) of a proposed [major emitting facility](/usc/42/7479.md?p=1) who has been denied a certification under [subparagraph (C)(iii)](#d-2-C-iii) demonstrates to the satisfaction of the [Governor](/usc/42/6372.md?p=1), after notice and public hearing, and the [Governor](/usc/42/6372.md?p=1) finds, that the [facility](/usc/42/11049.md?p=4) cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods of twenty-four hours or less applicable to any class I area and, in the case of Federal mandatory class I areas, that a variance under this clause will not adversely affect the air quality related values of the area (including visibility), the [Governor](/usc/42/6372.md?p=1), after consideration of the [Federal Land Manager](/usc/42/7602.md?p=i)’s recommendation (if any) and subject to his concurrence, may grant a variance from such maximum allowable increase. If such variance is granted, a permit may be issued to such source pursuant to the requirements of this subparagraph.
      - (ii) In any case in which the [Governor](/usc/42/6372.md?p=1) recommends a variance under this subparagraph in which the [Federal Land Manager](/usc/42/7602.md?p=i) does not concur, the recommendations of the [Governor](/usc/42/6372.md?p=1) and the [Federal Land Manager](/usc/42/7602.md?p=i) shall be transmitted to the President. The President may approve the [Governor](/usc/42/6372.md?p=1)’s recommendation if he finds that such variance is in the national interest. No Presidential finding shall be reviewable in any court. The variance shall take effect if the President approves the [Governor](/usc/42/6372.md?p=1)’s recommendations. The President shall approve or disapprove such recommendation within ninety days after his receipt of the recommendations of the [Governor](/usc/42/6372.md?p=1) and the [Federal Land Manager](/usc/42/7602.md?p=i).
      - (iii) In the case of a permit issued pursuant to this subparagraph, such [facility](/usc/42/11049.md?p=4) shall comply with such [emission limitations](/usc/42/7602.md?p=k) under such permit as may be necessary to assure that emissions of sulfur oxides from such [facility](/usc/42/11049.md?p=4) will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) [cause](/usc/42/9908.md?p=c-2) or contribute to concentrations which exceed the following maximum allowable increases for such areas over the [baseline concentration](/usc/42/7479.md?p=4) for such [pollutant](/usc/42/1397h.md?p=c-4) and to assure that such emissions will not [cause](/usc/42/9908.md?p=c-2) or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less on more than 18 days during any annual period:

        | MAXIMUM ALLOWABLE INCREASE |  |  |
        | --- | --- | --- |
        | (In micrograms per cubic meter) |  |  |
        | Period of exposure | Low<br>terrain areas | High<br>terrain areas |
        | 24-hr maximum | 36 | 62 |
        | 3-hr maximum | 130 | 221 |

      - (iv) For purposes of [clause (iii)](#d-2-D-iii), the term “high terrain area” means with respect to any [facility](/usc/42/11049.md?p=4), any area having an elevation of 900 feet or more above the base of the stack of such [facility](/usc/42/11049.md?p=4), and the term “low terrain area” means any area other than a high terrain area.
- (e) **Analysis; continuous air quality monitoring data; regulations; model adjustments—**
  - (1) The review provided for in [subsection (a)](#a) shall be preceded by an analysis in accordance with regulations of the [Administrator](/usc/42/7602.md?p=a), promulgated under this subsection, which may be conducted by the [State](/usc/42/7602.md?p=d) (or any general purpose [unit of local government](/usc/42/6372.md?p=2)) or by the [major emitting facility](/usc/42/7479.md?p=1) applying for such permit, of the ambient air quality at the proposed site and in areas which may be affected by emissions from such [facility](/usc/42/11049.md?p=4) for each [pollutant](/usc/42/1397h.md?p=c-4) subject to regulation under this chapter which will be emitted from such [facility](/usc/42/11049.md?p=4).
  - (2) Effective one year after August 7, 1977, the analysis required by this subsection shall include continuous air quality monitoring data gathered for purposes of determining whether emissions from such [facility](/usc/42/11049.md?p=4) will exceed the maximum allowable increases or the maximum allowable concentration permitted under this part. Such data shall be gathered over a period of one calendar year preceding the date of application for a permit under this part unless the [State](/usc/42/7602.md?p=d), in accordance with regulations promulgated by the [Administrator](/usc/42/7602.md?p=a), determines that a complete and adequate analysis for such purposes may be accomplished in a shorter period. The results of such analysis shall be available at the time of the public hearing on the application for such permit.
  - (3) The [Administrator](/usc/42/7602.md?p=a) shall within six months after August 7, 1977, promulgate regulations respecting the analysis required under this subsection which regulations—
    - (A) shall not require the use of any automatic or uniform buffer zone or zones,
    - (B) shall require an analysis of the ambient air quality, climate and meteorology, terrain, soils and vegetation, and visibility at the site of the proposed [major emitting facility](/usc/42/7479.md?p=1) and in the area potentially affected by the emissions from such [facility](/usc/42/11049.md?p=4) for each [pollutant](/usc/42/1397h.md?p=c-4) regulated under this chapter which will be emitted from, or which results from the [construction](/usc/42/7479.md?p=2-C) or operation of, such [facility](/usc/42/11049.md?p=4), the size and nature of the proposed [facility](/usc/42/11049.md?p=4), the degree of continuous emission reduction which could be achieved by such [facility](/usc/42/11049.md?p=4), and such other factors as may be relevant in determining the effect of emissions from a proposed [facility](/usc/42/11049.md?p=4) on any air quality control region,
    - (C) shall require the results of such analysis shall be available at the time of the public hearing on the application for such permit, and
    - (D) shall specify with reasonable particularity each air quality model or models to be used under specified sets of conditions for purposes of this part.

    Any model or models designated under such regulations may be adjusted upon a determination, after notice and opportunity for public hearing, by the [Administrator](/usc/42/7602.md?p=a) that such adjustment is necessary to take into account unique terrain or meteorological characteristics of an area potentially affected by emissions from a source applying for a permit required under this part.


## Source credit

(July 14, 1955, ch. 360, title I, § 165, as added Pub. L. 95–95, title I, § 127(a), Aug. 7, 1977, 91 Stat. 735; amended Pub. L. 95–190, § 14(a)(44)–(51), Nov. 16, 1977, 91 Stat. 1402.)

## Notes

### Editorial Notes

### Amendments

1977—Subsec. (a)(1). Pub. L. 95–190, § 14(a)(44), substituted “part;” for “part:”.

Subsec. (a)(3). Pub. L. 95–190, § 14(a)(45), inserted provision making applicable requirement of section 7410(j) of this title.

Subsec. (b). Pub. L. 95–190, § 14(a)(46), inserted “cause or” before “contribute” and struck out “actual” before “allowable emissions”.

Subsec. (d)(2)(C). Pub. L. 95–190, § 14(a)(47)–(49), in cl. (ii) substituted “contribute” for “contrbute”, in cl. (iii) substituted “quality-related” for “quality related” and “concentrations which” for “concentrations, which”, and in cl. (iv) substituted “such facility” for “such sources” and “will not cause or contribute to concentrations of such pollutant which exceed” for “together with all other sources, will not exceed”.

Subsec. (d)(2)(D). Pub. L. 95–190, § 14(a)(50), (51), in cl. (iii) substituted provisions relating to determinations of amounts of emissions of sulfur oxides from facilities, for provisions relating to determinations of amounts of emissions of sulfur oxides from sources operating under permits issued pursuant to this subpar., together with all other sources, and added cl. (iv).