Sec. 163. increments and ceilings
707 words·~3 min read·
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## Sec. 163 increments and ceilings ###
(a)In the case of sulfur oxide and particulate matter, each applicable implementation plan shall contain measures assuring that maximum allowable increases over baseline concentrations of, and maximum allowable concentrations of, such pollutant shall not be exceeded. In the case of any maximum allowable increase (except an allowable increase specified under section 165(d)(2)(C)(iv)) for a pollutant based on concentrations permitted under national ambient air quality standards for any period other than an annual period, such regulations shall permit such maximum allowable increase to be exceeded during one such period per year. ###
(b)####
(1)For any class I area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: *Maximum allowable increase* [*Micrograms per cubic meter*] *Pollutant* Particulate matter:Annual geometric mean5Twenty-four-hour maximum10Sulfur dioxide:Annual arithmetic mean2Twenty-four-hour maximum5Three-hour maximum25 ####
(2)For any class II area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: *Maximum allowable increase* [*Micrograms per cubic meter*] *Pollutant* Particulate matter:Annual geometric mean19Twenty-four-hour maximum37Sulfur dioxide:Annual arithmetic mean20Twenty-four-hour maximum91Three-hour maximum512 ####
(3)For any class III area, the maximum allowable increase in concentrations of sulfur dioxide and particulate matter over the baseline concentration of such pollutants shall not exceed the following amounts: *Maximum allowable increase* [*Micrograms per cubic meter*] *Pollutant* Particulate matter:Annual geometric mean37Twenty-four-hour maximum75Sulfur dioxide:Annual arithmetic mean40Twenty-four-hour maximum182Three-hour maximum700 ####
(4)The maximum allowable concentration of any air pollutant in any area to which this part applies shall not exceed a concentration for such pollutant for each period of exposure equal to— #####
(A)the concentration permitted under the national secondary ambient air quality standard, or #####
(B)the concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for such pollutant for such period of exposure. ###
(c)####
(1)In the case of any State which has a plan approved by the Administrator for purposes of carrying out this part, the Governor of such State may, after notice and opportunity for public hearing, issue orders or promulgate rules providing that for purposes of determining compliance with the maximum allowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account: #####
(A)concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of an order which is in effect under the provisions of sections 2
(a)and
(b)of the Energy Supply and Environmental Coordination Act of 1974 (or any subsequent legislation which supersedes such provisions) over the emissions from such sources before the effective date of such order.57 57The period probably should be a comma. #####
(B)the concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from using natural gas by reason of a natural gas curtailment pursuant to a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan, #####
(C)concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities, and #####
(D)the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration determined in accordance with section 169(4). ####
(2)No action taken with respect to a source under paragraph (1)(A) or (1)(B) shall apply more than five years after the effective date of the order referred to in paragraph (1)(A) or the plan referred to in paragraph (1)(B), whichever is applicable. If both such order and plan are applicable, no such action shall apply more than five years after the later of such effective dates. ####
(3)No action under this subsection shall take effect unless the Governor submits the order or rule providing for such exclusion to the Administrator and the Administrator determines that such order or rule is in compliance with the provisions of this subsection. **[**[42 U.S.C. 7473](/us/usc/t42/s7473)**]**
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Sec. 163
increments and ceilings
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