combusts a fuel feed stream, 30 percent or less of the weight of which is comprised, in aggregate, of municipal waste. (6) Other terms The terms "solid waste" and "medical waste" shall have the meanings established by the Administrator pursuant to the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.]. (h) Other authority (1) State authority Nothing in this section shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, limitation or standard relating to solid waste incineration units that is more stringent than a regulation, requirement, limitation or standard in effect under this section or under any other provision of this chapter. (2) Other authority under this chapter Nothing in this section shall diminish the authority of the Administrator or a State to establish any other requirements applicable to solid waste incineration units under any other authority of law, including the authority to establish for any air pollutant a national ambient air quality standard, except that no solid waste incineration unit subject to performance standards under this section and section 7411 of this title shall be subject to standards under section 7412(d) of this title. (3) Residual risk The Administrator shall promulgate standards under section 7412(f) of this title for a (B) the Administrator shall consider and regulate, if required, the pollutants listed under (4) Acid rain A solid waste incineration unit shall not be a utility unit as defined in subchapter IV-A of this chapter: Provided, That, more than 80 per centum of its annual average fuel consumption measured on a Btu basis, during a period or periods to be determined by the Administrator, is from a fuel (including any waste burned as a fuel) other than a fossil fuel. (5) Requirements of parts C and D No requirement of an applicable implementation plan under section 7475 of this title (relating to construction of facilities in regions identified pursuant to section 7407(d)(1)(A)(ii) or (iii) of this title) or under section 7502(c)(5) of this title (relating to permits for construction and operation in nonattainment areas) may be used to weaken the standards in effect under this section. (July 14, 1955, ch. 360, title I, Sec. 129, as added Pub. L. 101-549, title III, Sec. 305(a), Nov. 15, 1990, 104 Stat. 2577.) References in Text Section 306 of the Clean Air Act Amendments of 1990, referred to in subsec. (g), probably means section 306 of Pub. L. 101-549, which is set out as a note under section 6921 of this title. The Solid Waste Disposal Act, referred to in subsec. (g)(6), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (Sec. 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. Review of Acid Gas Scrubbing Requirements Section 305(c) of Pub. L. 101-549 provided that: "Prior to the promulgation of any performance standard for solid waste incineration units combusting municipal waste under section 111 or section 129 of the Clean Air Act [42 U.S.C. 7411, 7429], the Administrator shall review the availability of acid gas scrubbers as a pollution control technology for small new units and for existing units (as defined in 54 Federal Register 52190 (December 20, 1989)[)], taking into account the provisions of subsection (a)(2) of section 129 of the Clean Air Act." 3So in original. Probably should be "the". Section Referred to in Other Sections This section is referred to in sections 7413, 7414, 7607 of this title. EMISSION FACTORS 42 USC 7430 Within 6 months after November 15, 1990, and at least every 3 years thereafter, the Administrator shall review and, if necessary, revise, the methods (“emission factors") used for purposes of this chapter to estimate the quantity of emissions of carbon monoxide, volatile organic compounds, and oxides of nitrogen from sources of such air pollutants (including area sources and mobile sources). In addition, the Administrator shall establish emission factors for sources for which no such methods have previously been established by the Administrator. The Administrator shall permit any person to demonstrate improved emissions estimating techniques, and following approval of such techniques, the Administrator shall authorize the use of such techniques. Any such technique may be approved only after appropriate public participation. Until the Administrator has completed the revision required by this section, nothing in this section shall be construed to affect the validity of emission factors established by the Administrator before November 15, 1990. (July 14, 1955, ch. 360, title I, Sec. 130, as added Pub. L. 101-549, title VIII, Sec. 804, Nov. 15, 1990, 104 Stat. 2689.) LAND USE AUTHORITY 42 USC 7431 Nothing in this chapter constitutes an infringement on the existing authority of counties and cities to plan or control land use, and nothing in this chapter provides or transfers authority over such land use. (July 14, 1955, ch. 360, title I, Sec. 131, as added Pub. L. 101-549, title VIII, Sec. 805, Nov. 15, 1990, 104 Stat. 2689.) Part B-Ozone Protection1 Part C-Prevention of Significant Deterioration of Air Quality Subpart i-Clean Air CONGRESSIONAL DECLARATION OF PURPOSE 42 USC 7470 The purposes of this part are as follows: (1) to protect public health and welfare from any actual or potential adverse effect which in the Administrator's judgment may reasonably be anticipate2 to occur from air pollution or from exposures to pollutants in other media, which pollutants originate as emissions to the ambient air)3, notwithstanding attainment and maintenance of all national ambient air quality standards; (2) to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value; (3) to insure that economic growth will occur in a manner consistent with the preservation of existing clean air resources; (4) to assure that emissions from any source in any State will not interfere with any portion of the applicable implementation plan to prevent significant deterioration of air quality for any other State; and (5) to assure that any decision to permit increased air pollution in any area to which this section applies is made only after careful evaluation of all the consequences of such a decision and after adequate procedural opportunities for informed public participation in the decisionmaking process. (July 14, 1955, ch. 360, title I, Sec. 160, as added Pub. L. 95-95, title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731.) Effective Date Subpart 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. Guidance Document Section 127(c) of Pub. L. 95-95 required Administrator, not later than 1 year after Aug. 7, 1977, to publish a guidance document to assist States in carrying out their functions under part C of title I of the Clean Air Act (this part) with respect to pollutants for which national ambient air quality standards are promulgated. Study and Report on Progress Made in Program Relating to Significant Deterioration of Air Quality Section 127(d) of Pub. L. 95-95 directed Administrator, not later than 2 years after Aug. 7, 1977, to complete a study and report to Congress on progress made in carrying out part C of title I of the Clean Air Act (this part) and the problems associated in carrying out such section. Section Referred to in Other Sections This section is referred to in section 7476 of this title. 'Repealed by section 601 of P.L. 101-549 (104 Stat. 2648). So in original. Probably should be “anticipated”. So in original. Section was enacted without an opening parenthesis. 42 USC 7471 PLAN REQUIREMENTS In accordance with the policy of section 7401(b)(1) of this title, each applicable implementation plan shall contain emission limitations and such other measures as may be necessary, as determined under regulations promulgated under this part, to prevent significant deterioration of air quality in each region (or portion thereof) designated pursuant to section 7407 of this title as attainment or unclassifiable. (July 14, 1955, ch. 360, title I, Sec. 161, as added Pub. L. 95-95, title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L. 101-549, title I, Sec. 110(1), Nov. 15, 1990, 104 Stat. 2470.) Amendments 1990-Pub. L. 101-549 substituted “designated pursuant to section 7407 of this title as attainment or unclassifiable” for “identified pursuant to section 7407(d)(1)(D) or (E) of this title”. INITIAL CLASSIFICATIONS 42 USC 7472 (a) Areas designated as class I Upon the enactment of this part, all (1) international parks, (2) national wilderness areas which exceed 5,000 acres in size, (4) national parks which exceed six thousand acres in size, and which are in existence on August 7, 1977, shall be class I areas and may not be redesignated. All areas which were redesignated as class I under regulations promulgated before August 7, 1977, shall be class I areas which may be redesignated as provided in this part. The extent of the areas designated as Class I under this section shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990. (b) Areas designated as class II All areas in such State designated pursuant to section 7407(d) of this title as attainment or unclassifiable which are not established as class I under subsection (a) of this section shall be class II areas unless redesignated under section 7474 of this title. (July 14, 1955, ch. 360, title I, Sec. 162, as added Pub. L. 95-95, title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L. 95-190, Sec. 14(a)(40), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101-549, title I, Secs. 108(m), 110(2), Nov. 15, 1990, 104 Stat. 2469, 2470.) Amendments 1990-Subsec. (a). Pub. L. 101-549, Sec. 108(m), inserted at end "The extent of the areas designated as Class I under this section shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990." Subsec. (b). Pub. L. 101-549, Sec. 110(2), substituted “designated pursuant to section 7407(d) of this title as attainment or unclassifiable” for “identified pursuant to section 7407(d)(1)(D) or (E) of this title”. 1977-Subsec. (a)(4). Pub. L. 95-190 inserted a comma after “size”. Section Referred to in Other Sections This section is referred to in sections 7474, 7478 of this title. 42 USC 7473 INCREMENTS AND CEILINGS (a) Sulfur oxide and particulate matter; requirement that maximum allowable increases and maximum allowable concentrations not be exceeded 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 7475(d)(2)(C)(iv) of this title) 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) Maximum allowable increases in concentrations over baseline concentrations (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: (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: (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: (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 stan dard, or |