US (United States) Code. Title 42. Chapter 85: Air pollution prevention and control

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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publicidad

-CITE-

42 USC Sec. 7581 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7581. Definitions

-STATUTE-

For purposes of this part -

(1) Terms defined in part A

The definitions applicable to part A under section 7550 of this

title shall also apply for purposes of this part.

(2) Clean alternative fuel

The term "clean alternative fuel" means any fuel (including

methanol, ethanol, or other alcohols (including any mixture

thereof containing 85 percent or more by volume of such alcohol

with gasoline or other fuels), reformulated gasoline, diesel,

natural gas, liquefied petroleum gas, and hydrogen) or power

source (including electricity) used in a clean-fuel vehicle that

complies with the standards and requirements applicable to such

vehicle under this subchapter when using such fuel or power

source. In the case of any flexible fuel vehicle or dual fuel

vehicle, the term "clean alternative fuel" means only a fuel with

respect to which such vehicle was certified as a clean-fuel

vehicle meeting the standards applicable to clean-fuel vehicles

under section 7583(d)(2) of this title when operating on clean

alternative fuel (or any CARB standards which replaces such

standards pursuant to section 7583(e) of this title).

(3) NMOG

The term nonmethane organic gas ("NMOG") means the sum of

nonoxygenated and oxygenated hydrocarbons contained in a gas

sample, including, at a minimum, all oxygenated organic gases

containing 5 or fewer carbon atoms (i.e., aldehydes, ketones,

alcohols, ethers, etc.), and all known alkanes, alkenes, alkynes,

and aromatics containing 12 or fewer carbon atoms. To demonstrate

compliance with a NMOG standard, NMOG emissions shall be measured

in accordance with the "California Non-Methane Organic Gas Test

Procedures". In the case of vehicles using fuels other than base

gasoline, the level of NMOG emissions shall be adjusted based on

the reactivity of the emissions relative to vehicles using base

gasoline.

(4) Base gasoline

The term "base gasoline" means gasoline which meets the

following specifications:

Specifications of Base Gasoline Used

as Basis for Reactivity Readjustment:

API gravity 57.8

Sulfur, ppm 317

Color Purple

Benzene, vol. % 1.35

Reid vapor pressure 8.7

Drivability 1195

Antiknock index 87.3

Distillation, D-86 &#186;<!-- degrees -->F

IBP 92

10% 126

50% 219

90% 327

EP 414

Hydrocarbon Type, Vol. % FIA:

Aromatics 30.9

Olefins 8.2

Saturates 60.9

The Administrator shall modify the definitions of NMOG, base

gasoline, and the methods for making reactivity adjustments, to

conform to the definitions and method used in California under

the Low-Emission Vehicle and Clean Fuel Regulations of the

California Air Resources Board, so long as the California

definitions are, in the aggregate, at least as protective of

public health and welfare as the definitions in this section.

(5) Covered fleet

The term "covered fleet" means 10 or more motor vehicles which

are owned or operated by a single person. In determining the

number of vehicles owned or operated by a single person for

purposes of this paragraph, all motor vehicles owned or operated,

leased or otherwise controlled by such person, by any person who

controls such person, by any person controlled by such person,

and by any person under common control with such person shall be

treated as owned by such person. The term "covered fleet" shall

not include motor vehicles held for lease or rental to the

general public, motor vehicles held for sale by motor vehicle

dealers (including demonstration vehicles), motor vehicles used

for motor vehicle manufacturer product evaluations or tests, law

enforcement and other emergency vehicles, or nonroad vehicles

(including farm and construction vehicles).

(6) Covered fleet vehicle

The term "covered fleet vehicle" means only a motor vehicle

which is -

(i) in a vehicle class for which standards are applicable

under this part; and

(ii) in a covered fleet which is centrally fueled (or capable

of being centrally fueled).

No vehicle which under normal operations is garaged at a personal

residence at night shall be considered to be a vehicle which is

capable of being centrally fueled within the meaning of this

paragraph.

(7) Clean-fuel vehicle

The term "clean-fuel vehicle" means a vehicle in a class or

category of vehicles which has been certified to meet for any

model year the clean-fuel vehicle standards applicable under this

part for that model year to clean-fuel vehicles in that class or

category.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 241, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2511.)

-End-

-CITE-

42 USC Sec. 7582 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7582. Requirements applicable to clean-fuel vehicles

-STATUTE-

(a) Promulgation of standards

Not later than 24 months after November 15, 1990, the

Administrator shall promulgate regulations under this part

containing clean-fuel vehicle standards for the clean-fuel vehicles

specified in this part.

(b) Other requirements

Clean-fuel vehicles of up to 8,500 gvwr subject to standards set

forth in this part shall comply with all motor vehicle requirements

of this subchapter (such as requirements relating to on-board

diagnostics, evaporative emissions, etc.) which are applicable to

conventional gasoline-fueled vehicles of the same category and

model year, except as provided in section 7584 of this title with

respect to administration and enforcement, and except to the extent

that any such requirement is in conflict with the provisions of

this part. Clean-fuel vehicles of 8,500 gvwr or greater subject to

standards set forth in this part shall comply with all requirements

of this subchapter which are applicable in the case of conventional

gasoline-fueled or diesel fueled vehicles of the same category and

model year, except as provided in section 7584 of this title with

respect to administration and enforcement, and except to the extent

that any such requirement is in conflict with the provisions of

this part.

(c) In-use useful life and testing

(1) In the case of light-duty vehicles and light-duty trucks up

to 6,000 lbs gvwr, the useful life for purposes of determining

in-use compliance with the standards under section 7583 of this

title shall be -

(A) a period of 5 years or 50,000 miles (or the equivalent)

whichever first occurs, in the case of standards applicable for

purposes of certification at 50,000 miles; and

(B) a period of 10 years or 100,000 miles (or the equivalent)

whichever first occurs, in the case of standards applicable for

purposes of certification at 100,000 miles, except that in-use

testing shall not be done for a period beyond 7 years or 75,000

miles (or the equivalent) whichever first occurs.

(2) In the case of light-duty trucks of more than 6,000 lbs gvwr,

the useful life for purposes of determining in-use compliance with

the standards under section 7583 of this title shall be -

(A) a period of 5 years or 50,000 miles (or the equivalent)

whichever first occurs in the case of standards applicable for

purposes of certification at 50,000 miles; and

(B) a period of 11 years or 120,000 miles (or the equivalent)

whichever first occurs in the case of standards applicable for

purposes of certification at 120,000 miles, except that in-use

testing shall not be done for a period beyond 7 years or 90,000

miles (or the equivalent) whichever first occurs.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 242, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2513.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7583, 7587 of this title.

-End-

-CITE-

42 USC Sec. 7583 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7583. Standards for light-duty clean-fuel vehicles

-STATUTE-

(a) Exhaust standards for light-duty vehicles and certain

light-duty trucks

The standards set forth in this subsection shall apply in the

case of clean-fuel vehicles which are light-duty trucks of up to

6,000 lbs. gross vehicle weight rating (gvwr) (but not including

light-duty trucks of more than 3,750 lbs. loaded vehicle weight

(lvw)) or light-duty vehicles:

(1) Phase I

Beginning with model year 1996, for the air pollutants

specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions shall not exceed the levels specified in the following

table:

PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS

OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND LIGHT-DUTY

VEHICLES

--------------------------------------------------------------------

Pollutant NMOG CO NO PM HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.125 3.4 0.4 0.015

100,000 mile standard 0.156 4.2 0.6 0.08* 0.018

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

(2) Phase II

Beginning with model year 2001, for air pollutants specified in

the following table, the clean-fuel vehicle standards under this

section shall provide that vehicle exhaust emissions shall not

exceed the levels specified in the following table.

PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY

TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND

LIGHT-DUTY VEHICLES

--------------------------------------------------------------------

Pollutant NMOG CO NO PM* HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.075 3.4 0.2 0.015

100,000 mile standard 0.090 4.2 0.3 0.08 0.018

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

(b) Exhaust standards for light-duty trucks of more than 3,750 lbs.

LVW and up to 5,750 lbs. LVW and up to 6,000 lbs. GVWR

The standards set forth in this paragraph shall apply in the case

of clean-fuel vehicles which are light-duty trucks of more than

3,750 lbs. loaded vehicle weight (lvw) but not more than 5,750 lbs.

lvw and not more than 6,000 lbs. gross weight rating (GVWR):

(1) Phase I

Beginning with model year 1996, for the air pollutants

specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions shall not exceed the levels specified in the following

table.

PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS

OF MORE THAN 3,750 LBS. AND UP TO 5,750 LBS. LVW AND UP TO 6,000

LBS. GVWR

--------------------------------------------------------------------

Pollutant NMOG CO NO PM* HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.160 4.4 0.7 0.018

100,000 mile standard 0.200 5.5 0.9 0.08 0.023

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

(2) Phase II

Beginning with model year 2001, for the air pollutants

specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions shall not exceed the levels specified in the following

table.

PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY

TRUCKS OF MORE THAN 3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND UP

TO 6,000 LBS. GVWR

--------------------------------------------------------------------

Pollutant NMOG CO NO PM* HCHO

G5x (

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.100 4.4 0.4 0.018

100,000 mile standard 0.130 5.5 0.5 0.08 0.023

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

In the case of the 50,000 mile standards and the 100,000 mile

standards, for purposes of certification, the applicable useful

life shall be 50,000 miles or 100,000 miles, respectively.

--------------------------------------------------------------------

(c) Exhaust standards for light-duty trucks greater than 6,000 lbs.

GVWR

The standards set forth in this subsection shall apply in the

case of clean-fuel vehicles which are light-duty trucks of more

than 6,000 lbs. gross weight rating (GVWR) and less than or equal

to 8,500 lbs. GVWR, beginning with model year 1998. For the air

pollutants specified in the following table, the clean-fuel vehicle

standards under this section shall provide that vehicle exhaust

emissions of vehicles within the test weight categories specified

in the following table shall not exceed the levels specified in

such table.

CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS GREATER

THAN 6,000 LBS. GVWR

TEST WEIGHT CATEGORY: UP TO 3,750 LBS. TW

--------------------------------------------------------------------

Pollutant NMOG CO NOG5x PM* HCHO

(

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.125 3.4 0.4** 0.015

120,000 mile standard 0.180 5.0 0.6 0.08 0.022

--------------------------------------------------------------------

TEST WEIGHT CATEGORY: ABOVE 3,750 BUT NOT ABOVE 5,750 LBS. TW

--------------------------------------------------------------------

Pollutant NMOG CO NOG5x PM* HCHO

(

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.160 4.4 0.7** 0.018

120,000 mile standard 0.230 6.4 1.0 0.10 0.027

--------------------------------------------------------------------

TEST WEIGHT CATEGORY: ABOVE 5,750 TW BUT NOT ABOVE 8,500 LBS. GVWR

--------------------------------------------------------------------

Pollutant NMOG CO NOG5x PM* HCHO

(

formald

ehyde)

--------------------------------------------------------------------

50,000 mile standard 0.195 5.0 1.1** 0.022

120,000 mile standard 0.280 7.3 1.5 0.12 0.032

Standards are expressed in grams per mile (gpm).

*Standards for particulates (PM) shall apply only to

diesel-fueled vehicles.

**Standard not applicable to diesel-fueled vehicles.

For the 50,000 mile standards and the 120,000 mile standards set

forth in the table, the applicable useful life for purposes of

certification shall be 50,000 miles or 120,000 miles, respectively.

--------------------------------------------------------------------

(d) Flexible and dual-fuel vehicles

(1) In general

The Administrator shall establish standards and requirements

under this section for the model year 1996 and thereafter for

vehicles weighing not more than 8,500 lbs. gvwr which are capable

of operating on more than one fuel. Such standards shall require

that such vehicles meet the exhaust standards applicable under

subsection (!1) (a), (b), and (c) of this section for CO, NOG5x,

and HCHO, and if appropriate, PM for single-fuel vehicles of the

same vehicle category and model year.

(2) Exhaust NMOG standard for operation on clean alternative fuel

In addition to standards for the pollutants referred to in

paragraph (1), the standards established under paragraph (1)

shall require that vehicle exhaust emissions of NMOG not exceed

the levels (expressed in grams per mile) specified in the tables

below when the vehicle is operated on the clean alternative fuel

for which such vehicle is certified:

NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN

OPERATING ON CLEAN ALTERNATIVE FUEL

LIGHT-DUTY TRUCKS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (100,000

mi.) mi.)

Standard Standard

(gpm) (gpm)

--------------------------------------------------------------------

Beginning MY 1996:

LDT's (0-3,750 lbs. LVW) and 0.125 0.156

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.160 0.20

Beginning MY 2001:

LDT's (0-3,750 lbs. LVW) and 0.075 0.090

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.100 0.130

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

100,000 miles.

--------------------------------------------------------------------

LIGHT-DUTY TRUCKS MORE THAN 6,000 LBS. GVWR

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (120,000

mi.) mi.)

Standard Standard

--------------------------------------------------------------------

Beginning MY 1998:

LDT's (0-3,750 lbs. TW) 0.125 0.180

LDT's (3,751-5,750 lbs. TW) 0.160 0.230

LDT's (above 5,750 lbs. TW) 0.195 0.280

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

120,000 miles.

--------------------------------------------------------------------

(3) NMOG standard for operation on conventional fuel

In addition to the standards referred to in paragraph (1), the

standards established under paragraph (1) shall require that

vehicle exhaust emissions of NMOG not exceed the levels

(expressed in grams per mile) specified in the tables below:

NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN

OPERATING ON CONVENTIONAL FUEL

LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (100,000

mi.) mi.)

Standard Standard

(gpm) (gpm)

--------------------------------------------------------------------

Beginning MY 1996:

LDT's (0-3,750 lbs. LVW) and 0.25 0.31

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.32 0.40

Beginning MY 2001:

LDT's (0-3,750 lbs. LVW) and 0.125 0.156

light-duty vehicles

LDT's (3,751-5,750 lbs. LVW) 0.160 0.200

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

100,000 miles.

--------------------------------------------------------------------

LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR

--------------------------------------------------------------------

Vehicle Type Column A Column B

(50,000 (120,000

mi.) mi.)

Standard Standard

--------------------------------------------------------------------

Beginning MY 1998:

LDT's (0-3,750 lbs. TW) 0.25 0.36

LDT's (3,751-5,750 lbs. TW) 0.32 0.46

LDT's (above 5,750 lbs. TW) 0.39 0.56

For standards under column A, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

50,000 miles.

For standards under column B, for purposes of certification under

section 7525 of this title, the applicable useful life shall be

120,000 miles.

--------------------------------------------------------------------

(e) Replacement by CARB standards

(1) Single set of CARB standards

If the State of California promulgates regulations establishing

and implementing a single set of standards applicable in

California pursuant to a waiver approved under section 7543 of

this title to any category of vehicles referred to in subsection

(a), (b), (c), or (d) of this section and such set of standards

is, in the aggregate, at least as protective of public health and

welfare as the otherwise applicable standards set forth in

section 7582 of this title and subsection (a), (b), (c), or (d)

of this section, such set of California standards shall apply to

clean-fuel vehicles in such category in lieu of the standards

otherwise applicable under section 7582 of this title and

subsection (a), (b), (c), or (d) of this section, as the case may

be.

(2) Multiple sets of CARB standards

If the State of California promulgates regulations establishing

and implementing several different sets of standards applicable

in California pursuant to a waiver approved under section 7543 of

this title to any category of vehicles referred to in subsection

(a), (b), (c), or (d) of this section and each of such sets of

California standards is, in the aggregate, at least as protective

of public health and welfare as the otherwise applicable

standards set forth in section 7582 of this title and subsection

(a), (b), (c), or (d) of this section, such standards shall be

treated as "qualifying California standards" for purposes of this

paragraph. Where more than one set of qualifying standards are

established and administered by the State of California, the

least stringent set of qualifying California standards shall

apply to the clean-fuel vehicles concerned in lieu of the

standards otherwise applicable to such vehicles under section

7582 of this title and this section.

(f) Less stringent CARB standards

If the Low-Emission Vehicle and Clean Fuels Regulations of the

California Air Resources Board applicable to any category of

vehicles referred to in subsection (a), (b), (c), or (d) of this

section are modified after November 15, 1990, to provide an

emissions standard which is less stringent than the otherwise

applicable standard set forth in subsection (a), (b), (c), or (d)

of this section, or if any effective date contained in such

regulations is delayed, such modified standards or such delay (or

both, as the case may be) shall apply, for an interim period, in

lieu of the standard or effective date otherwise applicable under

subsection (a), (b), (c), or (d) of this section to any vehicles

covered by such modified standard or delayed effective date. The

interim period shall be a period of not more than 2 model years

from the effective date otherwise applicable under subsection (a),

(b), (c), or (d) of this section. After such interim period, the

otherwise applicable standard set forth in subsection (a), (b),

(c), or (d) of this section shall take effect with respect to such

vehicles (unless subsequently replaced under subsection (e) of this

section).

(g) Not applicable to heavy-duty vehicles

Notwithstanding any provision of the Low-Emission Vehicle and

Clean Fuels Regulations of the California Air Resources Board

nothing in this section shall apply to heavy-duty engines in

vehicles of more than 8,500 lbs. GVWR.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 243, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2514.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7581, 7582, 7586, 7587 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsections".

-End-

-CITE-

42 USC Sec. 7584 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7584. Administration and enforcement as per California

standards

-STATUTE-

Where the numerical clean-fuel vehicle standards applicable under

this part to vehicles of not more than 8,500 lbs. GVWR are the same

as numerical emission standards applicable in California under the

Low-Emission Vehicle and Clean Fuels Regulations of the California

Air Resources Board ("CARB"), such standards shall be administered

and enforced by the Administrator -

(1) in the same manner and with the same flexibility as the

State of California administers and enforces corresponding

standards applicable under the Low-Emission Vehicle and Clean

Fuels Regulations of the California Air Resources Board ("CARB");

and

(2) subject to the same requirements, and utilizing the same

interpretations and policy judgments, as are applicable in the

case of such CARB standards, including, but not limited to,

requirements regarding certification, production-line testing,

and in-use compliance,

unless the Administrator determines (in promulgating the rules

establishing the clean fuel vehicle program under this section)

that any such administration and enforcement would not meet the

criteria for a waiver under section 7543 of this title. Nothing in

this section shall apply in the case of standards under section

7585 of this title for heavy-duty vehicles.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 244, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7582, 7587 of this title.

-End-

-CITE-

42 USC Sec. 7585 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above

8,500 up to 26,000 lbs.)

-STATUTE-

(a) Model years after 1997; combined NOG5x and NMHC standard

For classes or categories of heavy-duty vehicles or engines

manufactured for the model year 1998 or thereafter and having a

GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the

standards under this part for clean-fuel vehicles shall require

that combined emissions of oxides of nitrogen (NOG5x) and

nonmethane hydrocarbons (NMHC) shall not exceed 3.15 grams per

brake horsepower hour (equivalent to 50 percent of the combined

emission standards applicable under section 7521 of this title for

such air pollutants in the case of a conventional model year 1994

heavy-duty diesel-fueled vehicle or engine). No standard shall be

promulgated as provided in this section for any heavy-duty vehicle

of more than 26,000 lbs. GVWR.

(b) Revised standards that are less stringent

(1) The Administrator may promulgate a revised less stringent

standard for the vehicles or engines referred to in subsection (a)

of this section if the Administrator determines that the 50 percent

reduction required under subsection (a) of this section is not

technologically feasible for clean diesel-fueled vehicles and

engines, taking into account durability, costs, lead time, safety,

and other relevant factors. To provide adequate lead time the

Administrator shall make a determination with regard to the

technological feasibility of such 50 percent reduction before

December 31, 1993.

(2) Any person may at any time petition the Administrator to make

a determination under paragraph (1). The Administrator shall act on

such a petition within 6 months after the petition is filed.

(3) Any revised less stringent standards promulgated as provided

in this subsection shall require at least a 30 percent reduction in

lieu of the 50 percent reduction referred to in paragraph (1).

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 245, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7584, 7587, 7589 of this

title.

-End-

-CITE-

42 USC Sec. 7586 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7586. Centrally fueled fleets

-STATUTE-

(a) Fleet program required for certain nonattainment areas

(1) SIP revision

Each State in which there is located all or part of a covered

area (as defined in paragraph (2)) shall submit, within 42 months

after November 15, 1990, a State implementation plan revision

under section 7410 of this title and part D of subchapter I of

this chapter to establish a clean-fuel vehicle program for fleets

under this section.

(2) Covered areas

For purposes of this subsection, each of the following shall be

a "covered area":

(A) Ozone nonattainment areas

Any ozone nonattainment area with a 1980 population of

250,000 or more classified under subpart 2 of part D of

subchapter I of this chapter as Serious, Severe, or Extreme

based on data for the calendar years 1987, 1988, and 1989. In

determining the ozone nonattainment areas to be treated as

covered areas pursuant to this subparagraph, the Administrator

shall use the most recent interpretation methodology issued by

the Administrator prior to November 15, 1990.

(B) Carbon monoxide nonattainment areas

Any carbon monoxide nonattainment area with a 1980 population

of 250,000 or more and a carbon monoxide design value at or

above 16.0 parts per million based on data for calendar years

1988 and 1989 (as calculated according to the most recent

interpretation methodology issued prior to November 15, 1990,

by the United States Environmental Protection Agency),

excluding those carbon monoxide nonattainment areas in which

mobile sources do not contribute significantly to carbon

monoxide exceedances.

(3) Plan revisions for reclassified areas

In the case of ozone nonattainment areas reclassified as

Serious, Severe, or Extreme under part D of subchapter I of this

chapter with a 1980 population of 250,000 or more, the State

shall submit a plan revision meeting the requirements of this

subsection within 1 year after reclassification. Such plan

revision shall implement the requirements applicable under this

subsection at the time of reclassification and thereafter, except

that the Administrator may adjust for a limited period the

deadlines for compliance where compliance with such deadlines

would be infeasible.

(4) Consultation; consideration of factors

Each State required to submit an implementation plan revision

under this subsection shall develop such revision in consultation

with fleet operators, vehicle manufacturers, fuel producers and

distributors, motor vehicle fuel, and other interested parties,

taking into consideration operational range, specialty uses,

vehicle and fuel availability, costs, safety, resale values of

vehicles and equipment and other relevant factors.

(b) Phase-in of requirements

The plan revision required under this section shall contain

provisions requiring that at least a specified percentage of all

new covered fleet vehicles in model year 1998 and thereafter

purchased by each covered fleet operator in each covered area shall

be clean-fuel vehicles and shall use clean alternative fuels when

operating in the covered area. For the applicable model years (MY)

specified in the following table and thereafter, the specified

percentage shall be as provided in the table for the vehicle types

set forth in the table:

CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS

--------------------------------------------------------------------

Vehicle Type MY1998 MY1999 MY2000

--------------------------------------------------------------------

Light-duty trucks up to 6,000 lbs. GVWR 30% 50% 70%

and light-duty vehicles

Heavy-duty trucks above 8,500 lbs. GVWR 50% 50% 50%

The term MY refers to model year.

--------------------------------------------------------------------

(c) Accelerated standard for light-duty trucks up to 6,000 lbs.

GVWR and light-duty vehicles

Notwithstanding the model years for which clean-fuel vehicle

standards are applicable as provided in section 7583 of this title,

for purposes of this section, light duty (!1) trucks of up to 6,000

lbs. GVWR and light-duty vehicles manufactured in model years 1998

through model year 2000 shall be treated as clean-fuel vehicles

only if such vehicles comply with the standards applicable under

section 7583 of this title for vehicles in the same class for the

model year 2001. The requirements of subsection (b) of this section

shall take effect on the earlier of the following:

(1) The first model year after model year 1997 in which new

light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles

which comply with the model year 2001 standards under section

7583 of this title are offered for sale in California.

(2) Model year 2001.

Whenever the effective date of subsection (b) of this section is

delayed pursuant to paragraph (1) of this subsection, the phase-in

schedule under subsection (b) of this section shall be modified to

commence with the model year referred to in paragraph (1) in lieu

of model year 1998.

(d) Choice of vehicles and fuel

The plan revision under this subsection shall provide that the

choice of clean-fuel vehicles and clean alternative fuels shall be

made by the covered fleet operator subject to the requirements of

this subsection.

(e) Availability of clean alternative fuel

The plan revision shall require fuel providers to make clean

alternative fuel available to covered fleet operators at locations

at which covered fleet vehicles are centrally fueled.

(f) Credits

(1) Issuance of credits

The State plan revision required under this section shall

provide for the issuance by the State of appropriate credits to a

fleet operator for any of the following (or any combination

thereof):

(A) The purchase of more clean-fuel vehicles than required

under this section.

(B) The purchase of clean fuel (!2) vehicles which meet more

stringent standards established by the Administrator pursuant

to paragraph (4).

(C) The purchase of vehicles in categories which are not

covered by this section but which meet standards established

for such vehicles under paragraph (4).

(2) Use of credits; limitations based on weight classes

(A) Use of credits

Credits under this subsection may be used by the person

holding such credits to demonstrate compliance with this

section or may be traded or sold for use by any other person to

demonstrate compliance with other requirements applicable under

this section in the same nonattainment area. Credits obtained

at any time may be held or banked for use at any later time,

and when so used, such credits shall maintain the same value as

if used at an earlier date.

(B) Limitations based on weight classes

Credits issued with respect to the purchase of vehicles of up

to 8,500 lbs. GVWR may not be used to demonstrate compliance by

any person with the requirements applicable under this

subsection to vehicles of more than 8,500 lbs. GVWR. Credits

issued with respect to the purchase of vehicles of more than

8,500 lbs. GVWR may not be used to demonstrate compliance by

any person with the requirements applicable under this

subsection to vehicles weighing up to 8,500 lbs. GVWR.

(C) Weighting

Credits issued for purchase of a clean fuel (!2) vehicle

under this subsection shall be adjusted with appropriate

weighting to reflect the level of emission reduction achieved

by the vehicle.

(3) Regulations and administration

Within 12 months after November 15, 1990, the Administrator

shall promulgate regulations for such credit program. The State

shall administer the credit program established under this

subsection.

(4) Standards for issuing credits for cleaner vehicles

Solely for purposes of issuing credits under paragraph (1)(B),

the Administrator shall establish under this paragraph standards

for Ultra-Low Emission Vehicles ("ULEV"s) and Zero Emissions

Vehicles ("ZEV"s) which shall be more stringent than those

otherwise applicable to clean-fuel vehicles under this part. The

Administrator shall certify clean fuel (!2) vehicles as complying

with such more stringent standards, and administer and enforce

such more stringent standards, in the same manner as in the case

of the otherwise applicable clean-fuel vehicle standards

established under this section. The standards established by the

Administrator under this paragraph for vehicles under 8,500 lbs.

GVWR or greater shall conform as closely as possible to standards

which are established by the State of California for ULEV and ZEV

vehicles in the same class. For vehicles of 8,500 lbs. GVWR or

more, the Administrator shall promulgate comparable standards for

purposes of this subsection.

(5) Early fleet credits

The State plan revision shall provide credits under this

subsection to fleet operators that purchase vehicles certified to

meet clean-fuel vehicle standards under this part during any

period after approval of the plan revision and prior to the

effective date of the fleet program under this section.

(g) Availability to public

At any facility owned or operated by a department, agency, or

instrumentality of the United States where vehicles subject to this

subsection are supplied with clean alternative fuel, such fuel

shall be offered for sale to the public for use in other vehicles

during reasonable business times and subject to national security

concerns, unless such fuel is commercially available for vehicles

in the vicinity of such Federal facilities.

(h) Transportation control measures

The Administrator shall by rule, within 1 year after November 15,

1990, ensure that certain transportation control measures including

time-of-day or day-of-week restrictions, and other similar measures

that restrict vehicle usage, do not apply to any clean-fuel vehicle

that meets the requirements of this section. This subsection shall

apply notwithstanding subchapter I of this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 246, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2520.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7512a, 7587, 7589 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "light-duty".

(!2) So in original. Probably should be "clean-fuel".

-End-

-CITE-

42 USC Sec. 7587 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7587. Vehicle conversions

-STATUTE-

(a) Conversion of existing and new conventional vehicles to

clean-fuel vehicles

The requirements of section 7586 of this title may be met through

the conversion of existing or new gasoline or diesel-powered

vehicles to clean-fuel vehicles which comply with the applicable

requirements of that section. For purposes of such provisions the

conversion of a vehicle to clean fuel (!1) vehicle shall be treated

as the purchase of a clean fuel (!1) vehicle. Nothing in this part

shall be construed to provide that any covered fleet operator

subject to fleet vehicle purchase requirements under section 7586

of this title shall be required to convert existing or new gasoline

or diesel-powered vehicles to clean-fuel vehicles or to purchase

converted vehicles.

(b) Regulations

The Administrator shall, within 24 months after November 15,

1990, consistent with the requirements of this subchapter

applicable to new vehicles, promulgate regulations governing

conversions of conventional vehicles to clean-fuel vehicles. Such

regulations shall establish criteria for such conversions which

will ensure that a converted vehicle will comply with the standards

applicable under this part to clean-fuel vehicles. Such regulations

shall provide for the application to such conversions of the same

provisions of this subchapter (including provisions relating to

administration enforcement) as are applicable to standards under

section (!2) 7582, 7583, 7584, and 7585 of this title, except that

in the case of conversions the Administrator may modify the

applicable regulations implementing such provisions as the

Administrator deems necessary to implement this part.

(c) Enforcement

Any person who converts conventional vehicles to clean fuel (!1)

vehicles pursuant to subsection (b) of this section, shall be

considered a manufacturer for purposes of sections 7525 and 7541 of

this title and related enforcement provisions. Nothing in the

preceding sentence shall require a person who performs such

conversions to warrant any part or operation of a vehicle other

than as required under this part. Nothing in this paragraph shall

limit the applicability of any other warranty to unrelated parts or

operations.

(d) Tampering

The conversion from a vehicle capable of operating on gasoline or

diesel fuel only to a clean-fuel vehicle shall not be considered a

violation of section 7522(a)(3) of this title if such conversion

complies with the regulations promulgated under subsection (b) of

this section.

(e) Safety

The Secretary of Transportation shall, if necessary, promulgate

rules under applicable motor vehicle laws regarding the safety of

vehicles converted from existing and new vehicles to clean-fuel

vehicles.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 247, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2523.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13236, 13257 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "clean-fuel".

(!2) So in original. Probably should be "sections".

-End-

-CITE-

42 USC Sec. 7588 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7588. Federal agency fleets

-STATUTE-

(a) Additional provisions applicable

The provisions of this section shall apply, in addition to the

other provisions of this part, in the case of covered fleet

vehicles owned or operated by an agency, department, or

instrumentality of the United States, except as otherwise provided

in subsection (e) of this section.

(b) Cost of vehicles to Federal agency

Notwithstanding the provisions of sections 601-611 of title 40,

the Administrator of General Services shall not include the

incremental costs of clean-fuel vehicles in the amount to be

reimbursed by Federal agencies if the Administrator of General

Services determines that appropriations provided pursuant to this

paragraph are sufficient to provide for the incremental cost of

such vehicles over the cost of comparable conventional vehicles.

(c) Limitations on appropriations

Funds appropriated pursuant to the authorization under this

paragraph shall be applicable only -

(1) to the portion of the cost of acquisition, maintenance and

operation of vehicles acquired under this subparagraph which

exceeds the cost of acquisition, maintenance and operation of

comparable conventional vehicles;

(2) to the portion of the costs of fuel storage and dispensing

equipment attributable to such vehicles which exceeds the costs

for such purposes required for conventional vehicles; and

(3) to the portion of the costs of acquisition of clean-fuel

vehicles which represents a reduction in revenue from the

disposal of such vehicles as compared to revenue resulting from

the disposal of comparable conventional vehicles.

(d) Vehicle costs

The incremental cost of vehicles acquired under this part over

the cost of comparable conventional vehicles shall not be applied

to any calculation with respect to a limitation under law on the

maximum cost of individual vehicles which may be required by the

United States.

(e) Exemptions

The requirements of this part shall not apply to vehicles with

respect to which the Secretary of Defense has certified to the

Administrator that an exemption is needed based on national

security consideration.

(f) Acquisition requirement

Federal agencies, to the extent practicable, shall obtain

clean-fuel vehicles from original equipment manufacturers.

(g) Authorization of appropriations

There are authorized to be appropriated such sums as may be

required to carry out the provisions of this section: Provided,

That such sums as are appropriated for the Administrator of General

Services pursuant to the authorization under this section shall be

added to the General Supply Fund established in section 321 of

title 40.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 248, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2524.)

-COD-

CODIFICATION

In subsec. (b), "sections 601-611 of title 40" substituted for

"section 211 of the Federal Property and Administrative Services

Act of 1949", and, in subsec. (g), "the General Supply Fund

established in section 321 of title 40" substituted for "the

General Supply Fund established in section 109 of the Federal

Property and Administrative Services Act of 1949", on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-End-

-CITE-

42 USC Sec. 7589 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7589. California pilot test program

-STATUTE-

(a) Establishment

The Administrator shall establish a pilot program in the State of

California to demonstrate the effectiveness of clean-fuel vehicles

in controlling air pollution in ozone nonattainment areas.

(b) Applicability

The provisions of this section shall only apply to light-duty

trucks and light-duty vehicles, and such provisions shall apply

only in the State of California, except as provided in subsection

(f) of this section.

(c) Program requirements

Not later than 24 months after November 15, 1990, the

Administrator shall promulgate regulations establishing

requirements under this section applicable in the State of

California. The regulations shall provide the following:

(1) Clean-fuel vehicles

Clean-fuel vehicles shall be produced, sold, and distributed

(in accordance with normal business practices and applicable

franchise agreements) to ultimate purchasers in California

(including owners of covered fleets referred to in section 7586

of this title) in numbers that meet or exceed the following

schedule:

Model Years Number of

Clean-Fuel

Vehicles

--------------------------------------------------------------------

1996, 1997, 1998 150,000 vehicles

1999 and thereafter 300,000 vehicles

--------------------------------------------------------------------

(2) Clean alternative fuels

(A) Within 2 years after November 15, 1990, the State of

California shall submit a revision of the applicable

implementation plan under part D of subchapter I of this chapter

and section 7410 of this title containing a clean fuel plan that

requires that clean alternative fuels on which the clean-fuel

vehicles required under this paragraph can operate shall be

produced and distributed by fuel suppliers and made available in

California. At a minimum, sufficient clean alternative fuels

shall be produced, distributed and made available to assure that

all clean-fuel vehicles required under this section can operate,

to the maximum extent practicable, exclusively on such fuels in

California. The State shall require that clean alternative fuels

be made available and offered for sale at an adequate number of

locations with sufficient geographic distribution to ensure

convenient refueling with clean alternative fuels, considering

the number of, and type of, such vehicles sold and the geographic

distribution of such vehicles within the State. The State shall

determine the clean alternative fuels to be produced,

distributed, and made available based on motor vehicle

manufacturers' projections of future sales of such vehicles and

consultations with the affected local governments and fuel

suppliers.

(B) The State may by regulation grant persons subject to the

requirements prescribed under this paragraph an appropriate

amount of credits for exceeding such requirements, and any person

granted credits may transfer some or all of the credits for use

by one or more persons in demonstrating compliance with such

requirements. The State may make the credits available for use

after consideration of enforceability, environmental, and

economic factors and upon such terms and conditions as the State

finds appropriate.

(C) The State may also by regulation establish specifications

for any clean alternative fuel produced and made available under

this paragraph as the State finds necessary to reduce or

eliminate an unreasonable risk to public health, welfare, or

safety associated with its use or to ensure acceptable vehicle

maintenance and performance characteristics.

(D) If a retail gasoline dispensing facility would have to

remove or replace one or more motor vehicle fuel underground

storage tanks and accompanying piping in order to comply with the

provisions of this section, and it had removed and replaced such

tank or tanks and accompanying piping in order to comply with

subtitle I of the Solid Waste Disposal Act [42 U.S.C. 6991 et

seq.] prior to November 15, 1990, it shall not be required to

comply with this subsection until a period of 7 years has passed

from the date of the removal and replacement of such tank or

tanks.

(E) Nothing in this section authorizes any State other than

California to adopt provisions regarding clean alternative fuels.

(F) If the State of California fails to adopt a clean fuel

program that meets the requirements of this paragraph, the

Administrator shall, within 4 years after November 15, 1990,

establish a clean fuel program for the State of California under

this paragraph and section 7410(c) of this title that meets the

requirements of this paragraph.

(d) Credits for motor vehicle manufacturers

(1) The Administrator may (by regulation) grant a motor vehicle

manufacturer an appropriate amount of credits toward fulfillment of

such manufacturer's share of the requirements of subsection (c)(1)

of this section for any of the following (or any combination

thereof):

(A) The sale of more clean-fuel vehicles than required under

subsection (c)(1) of this section.

(B) The sale of clean fuel (!1) vehicles which meet standards

established by the Administrator as provided in paragraph (3)

which are more stringent than the clean-fuel vehicle standards

otherwise applicable to such clean-fuel vehicle. A manufacturer

granted credits under this paragraph may transfer some or all of

the credits for use by one or more other manufacturers in

demonstrating compliance with the requirements prescribed under

this paragraph. The Administrator may make the credits available

for use after consideration of enforceability, environmental, and

economic factors and upon such terms and conditions as he finds

appropriate. The Administrator shall grant credits in accordance

with this paragraph, notwithstanding any requirements of State

law or any credits granted with respect to the same vehicles

under any State law, rule, or regulation.

(2) Regulations and administration. - The Administrator shall

administer the credit program established under this subsection.

Within 12 months after November 15, 1990, the Administrator shall

promulgate regulations for such credit program.

(3) Standards for issuing credits for cleaner vehicles. - The

more stringent standards and other requirements (including

requirements relating to the weighting of credits) established by

the Administrator for purposes of the credit program under 7585(e)

(!2) of this title (relating to credits for clean fuel (!1)

vehicles in the fleets program) shall also apply for purposes of

the credit program under this paragraph.

(e) Program evaluation

(1) Not later than June 30, 1994 and again in connection with the

report under paragraph (2), the Administrator shall provide a

report to the Congress on the status of the California Air

Resources Board Low-Emissions Vehicles and Clean Fuels Program.

Such report shall examine the capability, from a technological

standpoint, of motor vehicle manufacturers and motor vehicle fuel

suppliers to comply with the requirements of such program and with

the requirements of the California Pilot Program under this

section.

(2) Not later than June 30, 1998, the Administrator shall

complete and submit a report to Congress on the effectiveness of

the California pilot program under this section. The report shall

evaluate the level of emission reductions achieved under the

program, the costs of the program, the advantages and disadvantages

of extending the program to other nonattainment areas, and

desirability of continuing or expanding the program in California.

(3) The program under this section cannot be extended or

terminated by the Administrator except by Act of Congress enacted

after November 15, 1990. Section 7507 of this title does not apply

to the program under this section.

(f) Voluntary opt-in for other States

(1) EPA regulations

Not later than 2 years after November 15, 1990, the

Administrator shall promulgate regulations establishing a

voluntary opt-in program under this subsection pursuant to which

-

(A) clean-fuel vehicles which are required to be produced,

sold, and distributed in the State of California under this

section, and

(B) clean alternative fuels required to be produced and

distributed under this section by fuel suppliers and made

available in California (!3)

may also be sold and used in other States which submit plan

revisions under paragraph (2).

(2) Plan revisions

Any State in which there is located all or part of an ozone

nonattainment area classified under subpart D of subchapter I of

this chapter as Serious, Severe, or Extreme may submit a revision

of the applicable implementation plan under part D of subchapter

I of this chapter and section 7410 of this title to provide

incentives for the sale or use in such an area or State of

clean-fuel vehicles which are required to be produced, sold, and

distributed in the State of California, and for the use in such

an area or State of clean alternative fuels required to be

produced and distributed by fuel suppliers and made available in

California. Such plan provisions shall not take effect until 1

year after the State has provided notice of such provisions to

motor vehicle manufacturers and to fuel suppliers.

(3) Incentives

The incentives referred to in paragraph (2) may include any or

all of the following:

(A) A State registration fee on new motor vehicles registered

in the State which are not clean-fuel vehicles in the amount of

at least 1 percent of the cost of the vehicle. The proceeds of

such fee shall be used to provide financial incentives to

purchasers of clean-fuel vehicles and to vehicle dealers who

sell high volumes or high percentages of clean-fuel vehicles

and to defray the administrative costs of the incentive

program.

(B) Provisions to exempt clean-fuel vehicles from high

occupancy vehicle or trip reduction requirements.

(C) Provisions to provide preference in the use of existing

parking spaces for clean-fuel vehicles.

The incentives under this paragraph shall not apply in the case

of covered fleet vehicles.

(4) No sales or production mandate

The regulations and plan revisions under paragraphs (1) and (2)

shall not include any production or sales mandate for clean-fuel

vehicles or clean alternative fuels. Such regulations and plan

revisions shall also provide that vehicle manufacturers and fuel

suppliers may not be subject to penalties or sanctions for

failing to produce or sell clean-fuel vehicles or clean

alternative fuels.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 249, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2525.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D),

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. Subtitle I of the Act is classified generally to

subchapter IX (Sec. 6991 et seq.) of chapter 82 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.

November 15, 1990, referred to in subsec. (e)(3), was in the

original "the date of the Clean Air Act Amendments of 1990", which

was translated as meaning the date of enactment of Pub. L. 101-549,

which enacted this section, to reflect the probable intent of

Congress.

-FOOTNOTE-

(!1) So in original. Probably should be "clean-fuel".

(!2) So in original. Probably should be "section 7586(f)".

(!3) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 7590 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

Part C - Clean Fuel Vehicles

-HEAD-

Sec. 7590. General provisions

-STATUTE-

(a) State refueling facilities

If any State adopts enforceable provisions in an implementation

plan applicable to a nonattainment area which provides that

existing State refueling facilities will be made available to the

public for the purchase of clean alternative fuels or that

State-operated refueling facilities for such fuels will be

constructed and operated by the State and made available to the

public at reasonable times, taking into consideration safety,

costs, and other relevant factors, in approving such plan under

section 7410 of this title and part D,(!1) the Administrator may

credit a State with the emission reductions for purposes of part D

(!1) attributable to such actions.

(b) No production mandate

The Administrator shall have no authority under this part to

mandate the production of clean-fuel vehicles except as provided in

the California pilot test program or to specify as applicable the

models, lines, or types of, or marketing or price practices,

policies, or strategies for, vehicles subject to this part. Nothing

in this part shall be construed to give the Administrator authority

to mandate marketing or pricing practices, policies, or strategies

for fuels.

(c) Tank and fuel system safety

The Secretary of Transportation shall, in accordance with chapter

301 of title 49, promulgate applicable regulations regarding the

safety and use of fuel storage cylinders and fuel systems,

including appropriate testing and retesting, in conversions of

motor vehicles.

(d) Consultation with Department of Energy and Department of

Transportation

The Administrator shall coordinate with the Secretaries of the

Department of Energy and the Department of Transportation in

carrying out the Administrator's duties under this part.

-SOURCE-

(July 14, 1955, ch. 360, title II, Sec. 250, as added Pub. L.

101-549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2528.)

-COD-

CODIFICATION

In subsec. (c), "chapter 301 of title 49" substituted for "the

National Motor Vehicle Traffic Safety Act of 1966 [15 U.S.C. 1381

et seq.]", meaning "the National Traffic and Motor Vehicle Safety

Act of 1966 [15 U.S.C. 1381 et seq.]", on authority of Pub. L.

103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section

of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-FOOTNOTE-

(!1) So in original. Probably should be "part D of subchapter I of

this chapter".

-End-

-CITE-

42 USC SUBCHAPTER III - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER III - GENERAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7413 of this title.

-End-

-CITE-

42 USC Sec. 7601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7601. Administration

-STATUTE-

(a) Regulations; delegation of powers and duties; regional officers

and employees

(1) The Administrator is authorized to prescribe such regulations

as are necessary to carry out his functions under this chapter. The

Administrator may delegate to any officer or employee of the

Environmental Protection Agency such of his powers and duties under

this chapter, except the making of regulations subject to section

7607(d) of this title, as he may deem necessary or expedient.

(2) Not later than one year after August 7, 1977, the

Administrator shall promulgate regulations establishing general

applicable procedures and policies for regional officers and

employees (including the Regional Administrator) to follow in

carrying out a delegation under paragraph (1), if any. Such

regulations shall be designed -

(A) to assure fairness and uniformity in the criteria,

procedures, and policies applied by the various regions in

implementing and enforcing the chapter;

(B) to assure at least an adequate quality audit of each

State's performance and adherence to the requirements of this

chapter in implementing and enforcing the chapter, particularly

in the review of new sources and in enforcement of the chapter;

and

(C) to provide a mechanism for identifying and standardizing

inconsistent or varying criteria, procedures, and policies being

employed by such officers and employees in implementing and

enforcing the chapter.

(b) Detail of Environmental Protection Agency personnel to air

pollution control agencies

Upon the request of an air pollution control agency, personnel of

the Environmental Protection Agency may be detailed to such agency

for the purpose of carrying out the provisions of this chapter.

(c) Payments under grants; installments; advances or reimbursements

Payments under grants made under this chapter may be made in

installments, and in advance or by way of reimbursement, as may be

determined by the Administrator.

(d) Tribal authority

(1) Subject to the provisions of paragraph (2), the Administrator

-

(A) is authorized to treat Indian tribes as States under this

chapter, except for purposes of the requirement that makes

available for application by each State no less than one-half of

1 percent of annual appropriations under section 7405 of this

title; and

(B) may provide any such Indian tribe grant and contract

assistance to carry out functions provided by this chapter.

(2) The Administrator shall promulgate regulations within 18

months after November 15, 1990, specifying those provisions of this

chapter for which it is appropriate to treat Indian tribes as

States. Such treatment shall be authorized only if -

(A) the Indian tribe has a governing body carrying out

substantial governmental duties and powers;

(B) the functions to be exercised by the Indian tribe pertain

to the management and protection of air resources within the

exterior boundaries of the reservation or other areas within the

tribe's jurisdiction; and

(C) the Indian tribe is reasonably expected to be capable, in

the judgment of the Administrator, of carrying out the functions

to be exercised in a manner consistent with the terms and

purposes of this chapter and all applicable regulations.

(3) The Administrator may promulgate regulations which establish

the elements of tribal implementation plans and procedures for

approval or disapproval of tribal implementation plans and portions

thereof.

(4) In any case in which the Administrator determines that the

treatment of Indian tribes as identical to States is inappropriate

or administratively infeasible, the Administrator may provide, by

regulation, other means by which the Administrator will directly

administer such provisions so as to achieve the appropriate

purpose.

(5) Until such time as the Administrator promulgates regulations

pursuant to this subsection, the Administrator may continue to

provide financial assistance to eligible Indian tribes under

section 7405 of this title.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 301, formerly Sec. 8, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,

renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79

Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.

504; Pub. L. 91-604, Secs. 3(b)(2), 15(c)(2), Dec. 31, 1970, 84

Stat. 1677, 1713; Pub. L. 95-95, title III, Sec. 305(e), Aug. 7,

1977, 91 Stat. 776; Pub. L. 101-549, title I, Secs. 107(d), 108(i),

Nov. 15, 1990, 104 Stat. 2464, 2467.)

-COD-

CODIFICATION

Section was formerly classified to section 1857g of this title.

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 108(i), inserted

"subject to section 7607(d) of this title" after "regulations".

Subsec. (d). Pub. L. 101-549, Sec. 107(d), added subsec. (d).

1977 - Subsec. (a). Pub. L. 95-95 designated existing provisions

as par. (1) and added par. (2).

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary" and "Environmental Protection

Agency" for "Department of Health, Education, and Welfare".

Subsec. (b). Pub. L. 91-604, Sec. 3(b)(2), substituted

"Environmental Protection Agency" for "Public Health Service" and

struck out provisions covering the payment of salaries and

allowances.

Subsec. (c). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary".

1967 - Pub. L. 90-148 reenacted section without change.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

DISADVANTAGED BUSINESS CONCERNS; USE OF QUOTAS PROHIBITED

Title X of Pub. L. 101-549 provided that:

"SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.

"(a) In General. - In providing for any research relating to the

requirements of the amendments made by the Clean Air Act Amendments

of 1990 [Pub. L. 101-549, see Tables for classification] which uses

funds of the Environmental Protection Agency, the Administrator of

the Environmental Protection Agency shall, to the extent

practicable, require that not less than 10 percent of total Federal

funding for such research will be made available to disadvantaged

business concerns.

"(b) Definition. -

"(1)(A) For purposes of subsection (a), the term 'disadvantaged

business concern' means a concern -

"(i) which is at least 51 percent owned by one or more

socially and economically disadvantaged individuals or, in the

case of a publicly traded company, at least 51 percent of the

stock of which is owned by one or more socially and

economically disadvantaged individuals; and

"(ii) the management and daily business operations of which

are controlled by such individuals.

"(B)(i) A for-profit business concern is presumed to be a

disadvantaged business concern for purposes of subsection (a) if

it is at least 51 percent owned by, or in the case of a concern

which is a publicly traded company at least 51 percent of the

stock of the company is owned by, one or more individuals who are

members of the following groups:

"(I) Black Americans.

"(II) Hispanic Americans.

"(III) Native Americans.

"(IV) Asian Americans.

"(V) Women.

"(VI) Disabled Americans.

"(ii) The presumption established by clause (i) may be rebutted

with respect to a particular business concern if it is reasonably

established that the individual or individuals referred to in

that clause with respect to that business concern are not

experiencing impediments to establishing or developing such

concern as a result of the individual's identification as a

member of a group specified in that clause.

"(C) The following institutions are presumed to be

disadvantaged business concerns for purposes of subsection (a):

"(i) Historically black colleges and universities, and

colleges and universities having a student body in which 40

percent of the students are Hispanic.

"(ii) Minority institutions (as that term is defined by the

Secretary of Education pursuant to the General Education

Provision Act (20 U.S.C. 1221 et seq.)).

"(iii) Private and voluntary organizations controlled by

individuals who are socially and economically disadvantaged.

"(D) A joint venture may be considered to be a disadvantaged

business concern under subsection (a), notwithstanding the size

of such joint venture, if -

"(i) a party to the joint venture is a disadvantaged business

concern; and

"(ii) that party owns at least 51 percent of the joint

venture.

A person who is not an economically disadvantaged individual or a

disadvantaged business concern, as a party to a joint venture,

may not be a party to more than 2 awarded contracts in a fiscal

year solely by reason of this subparagraph.

"(E) Nothing in this paragraph shall prohibit any member of a

racial or ethnic group that is not listed in subparagraph (B)(i)

from establishing that they have been impeded in establishing or

developing a business concern as a result of racial or ethnic

discrimination.

"Sec. 1002. Use of Quotas Prohibited. - Nothing in this title

shall permit or require the use of quotas or a requirement that has

the effect of a quota in determining eligibility under section

1001."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7405, 7410, 7602 of this

title.

-End-

-CITE-

42 USC Sec. 7602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7602. Definitions

-STATUTE-

When used in this chapter -

(a) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(b) The term "air pollution control agency" means any of the

following:

(1) A single State agency designated by the Governor of that

State as the official State air pollution control agency for

purposes of this chapter.

(2) An agency established by two or more States and having

substantial powers or duties pertaining to the prevention and

control of air pollution.

(3) A city, county, or other local government health authority,

or, in the case of any city, county, or other local government in

which there is an agency other than the health authority charged

with responsibility for enforcing ordinances or laws relating to

the prevention and control of air pollution, such other agency.

(4) An agency of two or more municipalities located in the same

State or in different States and having substantial powers or

duties pertaining to the prevention and control of air pollution.

(5) An agency of an Indian tribe.

(c) The term "interstate air pollution control agency" means -

(1) an air pollution control agency established by two or more

States, or

(2) an air pollution control agency of two or more

municipalities located in different States.

(d) The term "State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American

Samoa and includes the Commonwealth of the Northern Mariana

Islands.

(e) The term "person" includes an individual, corporation,

partnership, association, State, municipality, political

subdivision of a State, and any agency, department, or

instrumentality of the United States and any officer, agent, or

employee thereof.

(f) The term "municipality" means a city, town, borough, county,

parish, district, or other public body created by or pursuant to

State law.

(g) The term "air pollutant" means any air pollution agent or

combination of such agents, including any physical, chemical,

biological, radioactive (including source material, special nuclear

material, and byproduct material) substance or matter which is

emitted into or otherwise enters the ambient air. Such term

includes any precursors to the formation of any air pollutant, to

the extent the Administrator has identified such precursor or

precursors for the particular purpose for which the term "air

pollutant" is used.

(h) All language referring to effects on welfare includes, but is

not limited to, effects on soils, water, crops, vegetation, manmade

materials, animals, wildlife, weather, visibility, and climate,

damage to and deterioration of property, and hazards to

transportation, as well as effects on economic values and on

personal comfort and well-being, whether caused by transformation,

conversion, or combination with other air pollutants.

(i) The term "Federal land manager" means, with respect to any

lands in the United States, the Secretary of the department with

authority over such lands.

(j) Except as otherwise expressly provided, the terms "major

stationary source" and "major emitting facility" mean any

stationary facility or source of air pollutants which directly

emits, or has the potential to emit, one hundred tons per year or

more of any air pollutant (including any major emitting facility or

source of fugitive emissions of any such pollutant, as determined

by rule by the Administrator).

(k) The terms "emission limitation" and "emission standard" mean

a requirement established by the State or the Administrator which

limits the quantity, rate, or concentration of emissions of air

pollutants on a continuous basis, including any requirement

relating to the operation or maintenance of a source to assure

continuous emission reduction, and any design, equipment, work

practice or operational standard promulgated under this

chapter..(!1)

(l) The term "standard of performance" means a requirement of

continuous emission reduction, including any requirement relating

to the operation or maintenance of a source to assure continuous

emission reduction.

(m) The term "means of emission limitation" means a system of

continuous emission reduction (including the use of specific

technology or fuels with specified pollution characteristics).

(n) The term "primary standard attainment date" means the date

specified in the applicable implementation plan for the attainment

of a national primary ambient air quality standard for any air

pollutant.

(o) The term "delayed compliance order" means an order issued by

the State or by the Administrator to an existing stationary source,

postponing the date required under an applicable implementation

plan for compliance by such source with any requirement of such

plan.

(p) The term "schedule and timetable of compliance" means a

schedule of required measures including an enforceable sequence of

actions or operations leading to compliance with an emission

limitation, other limitation, prohibition, or standard.

(q) For purposes of this chapter, the term "applicable

implementation plan" means the portion (or portions) of the

implementation plan, or most recent revision thereof, which has

been approved under section 7410 of this title, or promulgated

under section 7410(c) of this title, or promulgated or approved

pursuant to regulations promulgated under section 7601(d) of this

title and which implements the relevant requirements of this

chapter.

(r) Indian Tribe. - The term "Indian tribe" means any Indian

tribe, band, nation, or other organized group or community,

including any Alaska Native village, which is Federally recognized

as eligible for the special programs and services provided by the

United States to Indians because of their status as Indians.

(s) VOC. - The term "VOC" means volatile organic compound, as

defined by the Administrator.

(t) PM-10. - The term "PM-10" means particulate matter with an

aerodynamic diameter less than or equal to a nominal ten

micrometers, as measured by such method as the Administrator may

determine.

(u) NAAQS and CTG. - The term "NAAQS" means national ambient air

quality standard. The term "CTG" means a Control Technique

Guideline published by the Administrator under section 7408 of this

title.

(v) NOG5x. - The term "NOG5x" means oxides of nitrogen.

(w) CO. - The term "CO" means carbon monoxide.

(x) Small Source. - The term "small source" means a source that

emits less than 100 tons of regulated pollutants per year, or any

class of persons that the Administrator determines, through

regulation, generally lack technical ability or knowledge regarding

control of air pollution.

(y) Federal Implementation Plan. - The term "Federal

implementation plan" means a plan (or portion thereof) promulgated

by the Administrator to fill all or a portion of a gap or otherwise

correct all or a portion of an inadequacy in a State implementation

plan, and which includes enforceable emission limitations or other

control measures, means or techniques (including economic

incentives, such as marketable permits or auctions of emissions

allowances), and provides for attainment of the relevant national

ambient air quality standard.

(z) Stationary Source. - The term "stationary source" means

generally any source of an air pollutant except those emissions

resulting directly from an internal combustion engine for

transportation purposes or from a nonroad engine or nonroad vehicle

as defined in section 7550 of this title.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 302, formerly Sec. 9, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,

renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79

Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.

504; Pub. L. 91-604, Sec. 15(a)(1), (c)(1), Dec. 31, 1970, 84 Stat.

1710, 1713; Pub. L. 95-95, title II, Sec. 218(c), title III, Sec.

301, Aug. 7, 1977, 91 Stat. 761, 769; Pub. L. 95-190, Sec.

14(a)(76), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101-549, title I,

Secs. 101(d)(4), 107(a), (b), 108(j), 109(b), title III, Sec.

302(e), title VII, Sec. 709, Nov. 15, 1990, 104 Stat. 2409, 2464,

2468, 2470, 2574, 2684.)

-COD-

CODIFICATION

Section was formerly classified to section 1857h of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (b) and (d) of this

section were contained in a section 1857e of this title, act July

14, 1955, ch. 360, Sec. 6, 69 Stat. 323, prior to the general

amendment of this chapter by Pub. L. 88-206.

AMENDMENTS

1990 - Subsec. (b)(1) to (3). Pub. L. 101-549, Sec. 107(a)(1),

(2), struck out "or" at end of par. (3) and substituted periods for

semicolons at end of pars. (1) to (3).

Subsec. (b)(5). Pub. L. 101-549, Sec. 107(a)(3), added par. (5).

Subsec. (g). Pub. L. 101-549, Sec. 108(j)(2), inserted at end

"Such term includes any precursors to the formation of any air

pollutant, to the extent the Administrator has identified such

precursor or precursors for the particular purpose for which the

term 'air pollutant' is used."

Subsec. (h). Pub. L. 101-549, Sec. 109(b), inserted before period

at end ", whether caused by transformation, conversion, or

combination with other air pollutants".

Subsec. (k). Pub. L. 101-549, Sec. 303(e), inserted before period

at end ", and any design, equipment, work practice or operational

standard promulgated under this chapter."

Subsec. (q). Pub. L. 101-549, Sec. 101(d)(4), added subsec. (q).

Subsec. (r). Pub. L. 101-549, Sec. 107(b), added subsec. (r).

Subsecs. (s) to (y). Pub. L. 101-549, Sec. 108(j)(1), added

subsecs. (s) to (y).

Subsec. (z). Pub. L. 101-549, Sec. 709, added subsec. (z).

1977 - Subsec. (d). Pub. L. 95-95, Sec. 218(c), inserted "and

includes the Commonwealth of the Northern Mariana Islands" after

"American Samoa".

Subsec. (e). Pub. L. 95-190 substituted "individual, corporation"

for "individual corporation".

Pub. L. 95-95, Sec. 301(b), expanded definition of "person" to

include agencies, departments, and instrumentalities of the United

States and officers, agents, and employees thereof.

Subsec. (g). Pub. L. 95-95, Sec. 301(c), expanded definition of

"air pollutant" so as, expressly, to include physical, chemical,

biological, and radioactive substances or matter emitted into or

otherwise entering the ambient air.

Subsecs. (i) to (p). Pub. L. 95-95, Sec. 301(a), added subsecs.

(i) to (p).

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(1), substituted

definition of "Administrator" as meaning Administrator of the

Environmental Protection Agency for definition of "Secretary" as

meaning Secretary of Health, Education, and Welfare.

Subsecs. (g), (h). Pub. L. 91-604, Sec. 15(a)(1), added subsec.

(g) defining "air pollutant", redesignated former subsec. (g) as

(h) and substituted references to effects on soil, water, crops,

vegetation, manmade materials, animals, wildlife, weather,

visibility, and climate for references to injury to agricultural

crops and livestock, and inserted references to effects on economic

values and on personal comfort and well being.

1967 - Pub. L. 90-148 reenacted section without change.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7405, 7413, 7511a, 7512a,

7661, 8302 of this title; title 26 section 169.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 7603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7603. Emergency powers

-STATUTE-

Notwithstanding any other provision of this chapter, the

Administrator, upon receipt of evidence that a pollution source or

combination of sources (including moving sources) is presenting an

imminent and substantial endangerment to public health or welfare,

or the environment, may bring suit on behalf of the United States

in the appropriate United States district court to immediately

restrain any person causing or contributing to the alleged

pollution to stop the emission of air pollutants causing or

contributing to such pollution or to take such other action as may

be necessary. If it is not practicable to assure prompt protection

of public health or welfare or the environment by commencement of

such a civil action, the Administrator may issue such orders as may

be necessary to protect public health or welfare or the

environment. Prior to taking any action under this section, the

Administrator shall consult with appropriate State and local

authorities and attempt to confirm the accuracy of the information

on which the action proposed to be taken is based. Any order issued

by the Administrator under this section shall be effective upon

issuance and shall remain in effect for a period of not more than

60 days, unless the Administrator brings an action pursuant to the

first sentence of this section before the expiration of that

period. Whenever the Administrator brings such an action within the

60-day period, such order shall remain in effect for an additional

14 days or for such longer period as may be authorized by the court

in which such action is brought.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 303, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L.

95-95, title III, Sec. 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L.

101-549, title VII, Sec. 704, Nov. 15, 1990, 104 Stat. 2681.)

-COD-

CODIFICATION

Section was formerly classified to section 1857h-1 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 303 of act July 14, 1955, was renumbered section

310 by Pub. L. 91-604 and is classified to section 7610 of this

title.

AMENDMENTS

1990 - Pub. L. 101-549, Sec. 704(2)-(5), struck out subsec. (a)

designation before "Notwithstanding any other", struck out subsec.

(b) which related to violation of or failure or refusal to comply

with subsec. (a) orders, and substituted new provisions for

provisions following first sentence which read as follows: "If it

is not practicable to assure prompt protection of the health of

persons solely by commencement of such a civil action, the

Administrator may issue such orders as may be necessary to protect

the health of persons who are, or may be, affected by such

pollution source (or sources). Prior to taking any action under

this section, the Administrator shall consult with the State and

local authorities in order to confirm the correctness of the

information on which the action proposed to be taken is based and

to ascertain the action which such authorities are, or will be,

taking. Such order shall be effective for a period of not more than

twenty-four hours unless the Administrator brings an action under

the first sentence of this subsection before the expiration of such

period. Whenever the Administrator brings such an action within

such period, such order shall be effective for a period of

forty-eight hours or such longer period as may be authorized by the

court pending litigation or thereafter."

Pub. L. 101-549, Sec. 704(1), which directed that "public health

or welfare, or the environment" be substituted for "the health of

persons and that appropriate State or local authorities have not

acted to abate such sources", was executed by making the

substitution for "the health of persons, and that appropriate State

or local authorities have not acted to abate such sources" to

reflect the probable intent of Congress.

1977 - Pub. L. 95-95 designated existing provisions as subsec.

(a), inserted provisions that, if it is not practicable to assure

prompt protection of the health of persons solely by commencement

of a civil action, the Administrator may issue such orders as may

be necessary to protect the health of persons who are, or may be,

affected by such pollution source (or sources), that, prior to

taking any action under this section, the Administrator consult

with the State and local authorities in order to confirm the

correctness of the information on which the action proposed to be

taken is based and to ascertain the action which such authorities

are, or will be, taking, that the order be effective for a period

of not more than twenty-four hours unless the Administrator brings

an action under the first sentence of this subsection before the

expiration of such period, and that, whenever the Administrator

brings such an action within such period, such order be effective

for a period of forty-eight hours or such longer period as may be

authorized by the court pending litigation or thereafter, and added

subsec. (b).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7410, 7412, 7413, 7420,

7429, 7607, 7661c, 9606 of this title; title 15 section 717z.

-End-

-CITE-

42 USC Sec. 7604 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7604. Citizen suits

-STATUTE-

(a) Authority to bring civil action; jurisdiction

Except as provided in subsection (b) of this section, any person

may commence a civil action on his own behalf -

(1) against any person (including (i) the United States, and

(ii) any other governmental instrumentality or agency to the

extent permitted by the Eleventh Amendment to the Constitution)

who is alleged to have violated (if there is evidence that the

alleged violation has been repeated) or to be in violation of (A)

an emission standard or limitation under this chapter or (B) an

order issued by the Administrator or a State with respect to such

a standard or limitation,

(2) against the Administrator where there is alleged a failure

of the Administrator to perform any act or duty under this

chapter which is not discretionary with the Administrator, or

(3) against any person who proposes to construct or constructs

any new or modified major emitting facility without a permit

required under part C of subchapter I of this chapter (relating

to significant deterioration of air quality) or part D of

subchapter I of this chapter (relating to nonattainment) or who

is alleged to have violated (if there is evidence that the

alleged violation has been repeated) or to be in violation of any

condition of such permit.

The district courts shall have jurisdiction, without regard to the

amount in controversy or the citizenship of the parties, to enforce

such an emission standard or limitation, or such an order, or to

order the Administrator to perform such act or duty, as the case

may be, and to apply any appropriate civil penalties (except for

actions under paragraph (2)). The district courts of the United

States shall have jurisdiction to compel (consistent with paragraph

(2) of this subsection) agency action unreasonably delayed, except

that an action to compel agency action referred to in section

7607(b) of this title which is unreasonably delayed may only be

filed in a United States District Court within the circuit in which

such action would be reviewable under section 7607(b) of this

title. In any such action for unreasonable delay, notice to the

entities referred to in subsection (b)(1)(A) of this section shall

be provided 180 days before commencing such action.

(b) Notice

No action may be commenced -

(1) under subsection (a)(1) of this section -

(A) prior to 60 days after the plaintiff has given notice of

the violation (i) to the Administrator, (ii) to the State in

which the violation occurs, and (iii) to any alleged violator

of the standard, limitation, or order, or

(B) if the Administrator or State has commenced and is

diligently prosecuting a civil action in a court of the United

States or a State to require compliance with the standard,

limitation, or order, but in any such action in a court of the

United States any person may intervene as a matter of right.

(2) under subsection (a)(2) of the section prior to 60 days

after the plaintiff has given notice of such action to the

Administrator,

except that such action may be brought immediately after such

notification in the case of an action under this section respecting

a violation of section 7412(i)(3)(A) or (f)(4) of this title or an

order issued by the Administrator pursuant to section 7413(a) of

this title. Notice under this subsection shall be given in such

manner as the Administrator shall prescribe by regulation.

(c) Venue; intervention by Administrator; service of complaint;

consent judgment

(1) Any action respecting a violation by a stationary source of

an emission standard or limitation or an order respecting such

standard or limitation may be brought only in the judicial district

in which such source is located.

(2) In any action under this section, the Administrator, if not a

party, may intervene as a matter of right at any time in the

proceeding. A judgment in an action under this section to which the

United States is not a party shall not, however, have any binding

effect upon the United States.

(3) Whenever any action is brought under this section the

plaintiff shall serve a copy of the complaint on the Attorney

General of the United States and on the Administrator. No consent

judgment shall be entered in an action brought under this section

in which the United States is not a party prior to 45 days

following the receipt of a copy of the proposed consent judgment by

the Attorney General and the Administrator during which time the

Government may submit its comments on the proposed consent judgment

to the court and parties or may intervene as a matter of right.

(d) Award of costs; security

The court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of

litigation (including reasonable attorney and expert witness fees)

to any party, whenever the court determines such award is

appropriate. The court may, if a temporary restraining order or

preliminary injunction is sought, require the filing of a bond or

equivalent security in accordance with the Federal Rules of Civil

Procedure.

(e) Nonrestriction of other rights

Nothing in this section shall restrict any right which any person

(or class of persons) may have under any statute or common law to

seek enforcement of any emission standard or limitation or to seek

any other relief (including relief against the Administrator or a

State agency). Nothing in this section or in any other law of the

United States shall be construed to prohibit, exclude, or restrict

any State, local, or interstate authority from -

(1) bringing any enforcement action or obtaining any judicial

remedy or sanction in any State or local court, or

(2) bringing any administrative enforcement action or obtaining

any administrative remedy or sanction in any State or local

administrative agency, department or instrumentality,

against the United States, any department, agency, or

instrumentality thereof, or any officer, agent, or employee thereof

under State or local law respecting control and abatement of air

pollution. For provisions requiring compliance by the United

States, departments, agencies, instrumentalities, officers, agents,

and employees in the same manner as nongovernmental entities, see

section 7418 of this title.

(f) "Emission standard or limitation under this chapter" defined

For purposes of this section, the term "emission standard or

limitation under this chapter" means -

(1) a schedule or timetable of compliance, emission limitation,

standard of performance or emission standard,

(2) a control or prohibition respecting a motor vehicle fuel or

fuel additive, or (!1)

(3) any condition or requirement of a permit under part C of

subchapter I of this chapter (relating to significant

deterioration of air quality) or part D of subchapter I of this

chapter (relating to nonattainment),,(!2) section 7419 of this

title (relating to primary nonferrous smelter orders), any

condition or requirement under an applicable implementation plan

relating to transportation control measures, air quality

maintenance plans, vehicle inspection and maintenance programs or

vapor recovery requirements, section 7545(e) and (f) of this

title (relating to fuels and fuel additives), section 7491 of

this title (relating to visibility protection), any condition or

requirement under subchapter VI of this chapter (relating to

ozone protection), or any requirement under section 7411 or 7412

of this title (without regard to whether such requirement is

expressed as an emission standard or otherwise); (!3) or

(4) any other standard, limitation, or schedule established

under any permit issued pursuant to subchapter V of this chapter

or under any applicable State implementation plan approved by the

Administrator, any permit term or condition, and any requirement

to obtain a permit as a condition of operations.(!4)

which is in effect under this chapter (including a requirement

applicable by reason of section 7418 of this title) or under an

applicable implementation plan.

(g) Penalty fund

(1) Penalties received under subsection (a) of this section shall

be deposited in a special fund in the United States Treasury for

licensing and other services. Amounts in such fund are authorized

to be appropriated and shall remain available until expended, for

use by the Administrator to finance air compliance and enforcement

activities. The Administrator shall annually report to the Congress

about the sums deposited into the fund, the sources thereof, and

the actual and proposed uses thereof.

(2) Notwithstanding paragraph (1) the court in any action under

this subsection to apply civil penalties shall have discretion to

order that such civil penalties, in lieu of being deposited in the

fund referred to in paragraph (1), be used in beneficial mitigation

projects which are consistent with this chapter and enhance the

public health or the environment. The court shall obtain the view

of the Administrator in exercising such discretion and selecting

any such projects. The amount of any such payment in any such

action shall not exceed $100,000.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 304, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1706; amended Pub. L.

95-95, title III, Sec. 303(a)-(c), Aug. 7, 1977, 91 Stat. 771, 772;

Pub. L. 95-190, Sec. 14(a) (77), (78), Nov. 16, 1977, 91 Stat.

1404; Pub. L. 101-549, title III, Sec. 302(f), title VII, Sec.

707(a)-(g), Nov. 15, 1990, 104 Stat. 2574, 2682, 2683.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (d),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-COD-

CODIFICATION

Section was formerly classified to section 1857h-2 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 304 of act July 14, 1955, was renumbered section

311 by Pub. L. 91-604 and is classified to section 7611 of this

title.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 707(a), (f), in closing

provisions, inserted before period at end ", and to apply any

appropriate civil penalties (except for actions under paragraph

(2))" and inserted sentences at end giving courts jurisdiction to

compel agency action unreasonably delayed and requiring 180 days

notice prior to commencement of action.

Subsec. (a)(1), (3). Pub. L. 101-549, Sec. 707(g), inserted "to

have violated (if there is evidence that the alleged violation has

been repeated) or" before "to be in violation".

Subsec. (b). Pub. L. 101-549, Sec. 302(f), substituted "section

7412(i)(3)(A) or (f)(4)" for "section 7412(c)(1)(B)" in closing

provisions.

Subsec. (c)(2). Pub. L. 101-549, Sec. 707(c), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "In such

action under this section, the Administrator, if not a party, may

intervene as a matter of right."

Subsec. (c)(3). Pub. L. 101-549, Sec. 707(d), added subsec.

(c)(3).

Subsec. (f)(3). Pub. L. 101-549, Sec. 707(e), struck out "any

condition or requirement of section 7413(d) of this title (relating

to certain enforcement orders)" before ", section 7419 of this

title", substituted "subchapter VI of this chapter" for "part B of

subchapter I of this chapter", and substituted "; or" for period at

end.

Subsec. (f)(4). Pub. L. 101-549, Sec. 707(e), which directed that

par. (4) be added at end of subsec. (f), was executed by adding

par. (4) after par. (3), to reflect the probable intent of

Congress.

Subsec. (g). Pub. L. 101-549, Sec. 707(b), added subsec. (g).

1977 - Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(77), inserted

"or modified" after "new".

Pub. L. 95-95, Sec. 303(a), added subsec. (a)(3).

Subsec. (e). Pub. L. 95-95, Sec. 303(c), inserted provisions

which prohibited any construction of this section or any other law

of the United States which would prohibit, exclude, or restrict any

State, local, or interstate authority from bringing any enforcement

action or obtaining any judicial remedy or sanction in any State or

local court against the United States or bringing any

administrative enforcement action or obtaining any administrative

remedy or sanction against the United States in any State or local

administrative agency, department, or instrumentality under State

or local law.

Subsec. (f)(3). Pub. L. 95-190, Sec. 14(a)(78), inserted ", or"

after "(relating to ozone protection)", substituted "any condition

or requirement under an" for "requirements under an", and struck

out "or" before "section 7491".

Pub. L. 95-95, Sec. 303(b), added par. (3).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 707(g) of Pub. L. 101-549 provided that: "The amendment

made by this subsection [amending this section] shall take effect

with respect to actions brought after the date 2 years after the

enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990]."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (g)(1) of this section, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and the 6th item on page 165 of House

Document No. 103-7.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7412, 7413, 7419, 7429,

7491, 7506, 7521, 7617, 7627, 7651j of this title.

-FOOTNOTE-

(!1) So in original. The word "or" probably should not appear.

(!2) So in original.

(!3) So in original. The semicolon probably should be a comma.

(!4) So in original. The period probably should be a comma.

-End-

-CITE-

42 USC Sec. 7605 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7605. Representation in litigation

-STATUTE-

(a) Attorney General; attorneys appointed by Administrator

The Administrator shall request the Attorney General to appear

and represent him in any civil action instituted under this chapter

to which the Administrator is a party. Unless the Attorney General

notifies the Administrator that he will appear in such action,

within a reasonable time, attorneys appointed by the Administrator

shall appear and represent him.

(b) Memorandum of understanding regarding legal representation

In the event the Attorney General agrees to appear and represent

the Administrator in any such action, such representation shall be

conducted in accordance with, and shall include participation by,

attorneys appointed by the Administrator to the extent authorized

by, the memorandum of understanding between the Department of

Justice and the Environmental Protection Agency, dated June 13,

1977, respecting representation of the agency by the department in

civil litigation.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 305, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L.

95-95, title III, Sec. 304(a), Aug. 7, 1977, 91 Stat. 772.)

-COD-

CODIFICATION

Section was formerly classified to section 1857h-3 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 305 of act July 14, 1955, as added Nov. 21, 1967,

Pub. L. 90-148, Sec. 2, 81 Stat. 505, was renumbered section 312 by

Pub. L. 91-604 and is classified to section 7612 of this title.

Another prior section 305 of act July 14, 1955, ch. 360, title

III, formerly Sec. 12, as added Dec. 17, 1963, Pub. L. 88-206, Sec.

1, 77 Stat. 401, was renumbered section 305 by Pub. L. 89-272,

renumbered section 308 by Pub. L. 90-148, and renumbered section

315 by Pub. L. 91-604, and is classified to section 7615 of this

title.

AMENDMENTS

1977 - Pub. L. 95-95 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7413 of this title.

-End-

-CITE-

42 USC Sec. 7606 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7606. Federal procurement

-STATUTE-

(a) Contracts with violators prohibited

No Federal agency may enter into any contract with any person who

is convicted of any offense under section 7413(c) of this title for

the procurement of goods, materials, and services to perform such

contract at any facility at which the violation which gave rise to

such conviction occurred if such facility is owned, leased, or

supervised by such person. The prohibition in the preceding

sentence shall continue until the Administrator certifies that the

condition giving rise to such a conviction has been corrected. For

convictions arising under section 7413(c)(2) of this title, the

condition giving rise to the conviction also shall be considered to

include any substantive violation of this chapter associated with

the violation of 7413(c)(2) of this title. The Administrator may

extend this prohibition to other facilities owned or operated by

the convicted person.

(b) Notification procedures

The Administrator shall establish procedures to provide all

Federal agencies with the notification necessary for the purposes

of subsection (a) of this section.

(c) Federal agency contracts

In order to implement the purposes and policy of this chapter to

protect and enhance the quality of the Nation's air, the President

shall, not more than 180 days after December 31, 1970, cause to be

issued an order (1) requiring each Federal agency authorized to

enter into contracts and each Federal agency which is empowered to

extend Federal assistance by way of grant, loan, or contract to

effectuate the purpose and policy of this chapter in such

contracting or assistance activities, and (2) setting forth

procedures, sanctions, penalties, and such other provisions, as the

President determines necessary to carry out such requirement.

(d) Exemptions; notification to Congress

The President may exempt any contract, loan, or grant from all or

part of the provisions of this section where he determines such

exemption is necessary in the paramount interest of the United

States and he shall notify the Congress of such exemption.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 306, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L.

101-549, title VII, Sec. 705, Nov. 15, 1990, 104 Stat. 2682.)

-COD-

CODIFICATION

Subsec. (e) of this section, which required the President to

annually report to Congress on measures taken toward implementing

the purpose and intent of this section, terminated, effective May

15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance. See, also, the 14th item on page 20 of House Document No.

103-7.

Section was formerly classified to section 1857h-4 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 306 of act July 14, 1955, ch. 360, title III, as

added Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506, was

renumbered section 313 by Pub. L. 91-604 and is classified to

section 7613 of this title.

Another prior section 306 of act July 14, 1955, ch. 360, title

III, formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec.

1, 77 Stat. 401, renumbered Sec. 306, Oct. 20, 1965, Pub. L.

89-272, title I, Sec. 101(4), 79 Stat. 992, renumbered Sec. 309,

Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506, renumbered

Sec. 316, Dec. 31, 1970, Pub. L. 91-604, Sec. 12(a), 84 Stat. 1705,

related to appropriations and was classified to section 1857l of

this title, prior to repeal by section 306 of Pub. L. 95-95. See

section 7626 of this title.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549 substituted "section 7413(c)"

for "section 7413(c)(1)" and inserted sentences at end relating to

convictions arising under section 7413(c)(2) of this title and

extension of prohibition to other facilities owned by convicted

persons.

FEDERAL ACQUISITION REGULATION: CONTRACTOR CERTIFICATION OR

CONTRACT CLAUSE FOR ACQUISITION OF COMMERCIAL ITEMS

Pub. L. 103-355, title VIII, Sec. 8301(g), Oct. 13, 1994, 108

Stat. 3397, provided that: "The Federal Acquisition Regulation may

not contain a requirement for a certification by a contractor under

a contract for the acquisition of commercial items, or a

requirement that such a contract include a contract clause, in

order to implement a prohibition or requirement of section 306 of

the Clean Air Act (42 U.S.C. 7606) or a prohibition or requirement

issued in the implementation of that section, since there is

nothing in such section 306 that requires such a certification or

contract clause."

-EXEC-

EXECUTIVE ORDER NO. 11602

Ex. Ord. No. 11602, June 29, 1971, 36 F.R. 12475, which related

to the administration of the Clean Air Act with respect to Federal

contracts, grants, or loans, was superseded by Ex. Ord. No. 11738,

Sept. 10, 1973, 38 F.R. 25161, set out below.

EX. ORD. NO. 11738. ADMINISTRATION OF THE CLEAN AIR ACT AND THE

FEDERAL WATER POLLUTION CONTROL ACT WITH RESPECT TO FEDERAL

CONTRACTS, GRANTS, OR LOANS

Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, provided:

By virtue of the authority vested in me by the provisions of the

Clean Air Act, as amended (42 U.S.C. 1857 et seq.) [42 U.S.C. 7401

et seq.], particularly section 306 of that Act as added by the

Clean Air Amendments of 1970 (Public Law 91-604) [this section],

and the Federal Water Pollution Control Act (33 U.S.C. 1251 et

seq.), particularly section 508 of that Act as added by the Federal

Water Pollution Control Act Amendments of 1972 (Public Law 92-500)

[33 U.S.C. 1368], it is hereby ordered as follows:

Section 1. Policy. It is the policy of the Federal Government to

improve and enhance environmental quality. In furtherance of that

policy, the program prescribed in this Order is instituted to

assure that each Federal agency empowered to enter into contracts

for the procurement of goods, materials, or services and each

Federal agency empowered to extend Federal assistance by way of

grant, loan, or contract shall undertake such procurement and

assistance activities in a manner that will result in effective

enforcement of the Clean Air Act [this chapter] (hereinafter

referred to as "the Air Act") and the Federal Water Pollution

Control Act (hereinafter referred to as "the Water Act") [33 U.S.C.

1251 et seq.].

Sec. 2. Designation of Facilities. (a) The Administrator of the

Environmental Protection Agency (hereinafter referred to as "the

Administrator") shall be responsible for the attainment of the

purposes and objectives of this Order.

(b) In carrying out his responsibilities under this Order, the

Administrator shall, in conformity with all applicable requirements

of law, designate facilities which have given rise to a conviction

for an offense under section 113(c)(1) of the Air Act [42 U.S.C.

7413(c)(1)] or section 309(c) of the Water Act [33 U.S.C. 1319(c)].

The Administrator shall, from time to time, publish and circulate

to all Federal agencies lists of those facilities, together with

the names and addresses of the persons who have been convicted of

such offenses. Whenever the Administrator determines that the

condition which gave rise to a conviction has been corrected, he

shall promptly remove the facility and the name and address of the

person concerned from the list.

Sec. 3. Contracts, Grants, or Loans. (a) Except as provided in

section 8 of this Order, no Federal agency shall enter into any

contract for the procurement of goods, materials, or services which

is to be performed in whole or in part in a facility then

designated by the Administrator pursuant to section 2.

(b) Except as provided in section 8 of this Order, no Federal

agency authorized to extend Federal assistance by way of grant,

loan, or contract shall extend such assistance in any case in which

it is to be used to support any activity or program involving the

use of a facility then designated by the Administrator pursuant to

section 2.

Sec. 4. Procurement, Grant, and Loan Regulations. The Federal

Procurement Regulations, the Armed Services Procurement

Regulations, and to the extent necessary, any supplemental or

comparable regulations issued by any agency of the Executive Branch

shall, following consultation with the Administrator, be amended to

require, as a condition of entering into, renewing, or extending

any contract for the procurement of goods, materials, or services

or extending any assistance by way of grant, loan, or contract,

inclusion of a provision requiring compliance with the Air Act, the

Water Act, and standards issued pursuant thereto in the facilities

in which the contract is to be performed, or which are involved in

the activity or program to receive assistance.

Sec. 5. Rules and Regulations. The Administrator shall issue such

rules, regulations, standards, and guidelines as he may deem

necessary or appropriate to carry out the purposes of this Order.

Sec. 6. Cooperation and Assistance. The head of each Federal

agency shall take such steps as may be necessary to insure that all

officers and employees of this agency whose duties entail

compliance or comparable functions with respect to contracts,

grants, and loans are familiar with the provisions of this Order.

In addition to any other appropriate action, such officers and

employees shall report promptly any condition in a facility which

may involve noncompliance with the Air Act or the Water Act or any

rules, regulations, standards, or guidelines issued pursuant to

this Order to the head of the agency, who shall transmit such

reports to the Administrator.

Sec. 7. Enforcement. The Administrator may recommend to the

Department of Justice or other appropriate agency that legal

proceedings be brought or other appropriate action be taken

whenever he becomes aware of a breach of any provision required,

under the amendments issued pursuant to section 4 of this Order, to

be included in a contract or other agreement.

Sec. 8. Exemptions - Reports to Congress. (a) Upon a

determination that the paramount interest of the United States so

requires -

(1) The head of a Federal agency may exempt any contract, grant,

or loan, and, following consultation with the Administrator, any

class of contracts, grants or loans from the provisions of this

Order. In any such case, the head of the Federal agency granting

such exemption shall (A) promptly notify the Administrator of such

exemption and the justification therefor; (B) review the necessity

for each such exemption annually; and (C) report to the

Administrator annually all such exemptions in effect. Exemptions

granted pursuant to this section shall be for a period not to

exceed one year. Additional exemptions may be granted for periods

not to exceed one year upon the making of a new determination by

the head of the Federal agency concerned.

(2) The Administrator may, by rule or regulation, exempt any or

all Federal agencies from any or all of the provisions of this

Order with respect to any class or classes of contracts, grants, or

loans, which (A) involve less than specified dollar amounts, or (B)

have a minimal potential impact upon the environment, or (C)

involve persons who are not prime contractors or direct recipients

of Federal assistance by way of contracts, grants, or loans.

(b) Federal agencies shall reconsider any exemption granted under

subsection (a) whenever requested to do so by the Administrator.

(c) The Administrator shall annually notify the President and the

Congress of all exemptions granted, or in effect, under this Order

during the preceding year.

Sec. 9. Related Actions. The imposition of any sanction or

penalty under or pursuant to this Order shall not relieve any

person of any legal duty to comply with any provisions of the Air

Act or the Water Act.

Sec. 10. Applicability. This Order shall not apply to contracts,

grants, or loans involving the use of facilities located outside

the United States.

Sec. 11. Uniformity. Rules, regulations, standards, and

guidelines issued pursuant to this order and section 508 of the

Water Act [33 U.S.C. 1368] shall, to the maximum extent feasible,

be uniform with regulations issued pursuant to this order,

Executive Order No. 11602 of June 29, 1971 [formerly set out

above], and section 306 of the Air Act [this section].

Sec. 12. Order Superseded. Executive Order No. 11602 of June 29,

1971, is hereby superseded.

Richard Nixon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7607 of this title.

-End-

-CITE-

42 USC Sec. 7607 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7607. Administrative proceedings and judicial review

-STATUTE-

(a) Administrative subpenas; confidentiality; witnesses

In connection with any determination under section 7410(f) of

this title, or for purposes of obtaining information under section

7521(b)(4) (!1) or 7545(c)(3) of this title, any investigation,

monitoring, reporting requirement, entry, compliance inspection, or

administrative enforcement proceeding under the (!2) chapter

(including but not limited to section 7413, section 7414, section

7420, section 7429, section 7477, section 7524, section 7525,

section 7542, section 7603, or section 7606 of this title),,(!3)

the Administrator may issue subpenas for the attendance and

testimony of witnesses and the production of relevant papers,

books, and documents, and he may administer oaths. Except for

emission data, upon a showing satisfactory to the Administrator by

such owner or operator that such papers, books, documents, or

information or particular part thereof, if made public, would

divulge trade secrets or secret processes of such owner or

operator, the Administrator shall consider such record, report, or

information or particular portion thereof confidential in

accordance with the purposes of section 1905 of title 18, except

that such paper, book, document, or information may be disclosed to

other officers, employees, or authorized representatives of the

United States concerned with carrying out this chapter, to persons

carrying out the National Academy of Sciences' study and

investigation provided for in section 7521(c) of this title, or

when relevant in any proceeding under this chapter. Witnesses

summoned shall be paid the same fees and mileage that are paid

witnesses in the courts of the United States. In case of contumacy

or refusal to obey a subpena served upon any person under this

subparagraph, the district court of the United States for any

district in which such person is found or resides or transacts

business, upon application by the United States and after notice to

such person, shall have jurisdiction to issue an order requiring

such person to appear and give testimony before the Administrator

to appear and produce papers, books, and documents before the

Administrator, or both, and any failure to obey such order of the

court may be punished by such court as a contempt thereof.

(b) Judicial review

(1) A petition for review of action of the Administrator in

promulgating any national primary or secondary ambient air quality

standard, any emission standard or requirement under section 7412

of this title, any standard of performance or requirement under

section 7411 of this title, any standard under section 7521 of this

title (other than a standard required to be prescribed under

section 7521(b)(1) of this title), any determination under section

7521(b)(5) (!1) of this title, any control or prohibition under

section 7545 of this title, any standard under section 7571 of this

title, any rule issued under section 7413, 7419, or under section

7420 of this title, or any other nationally applicable regulations

promulgated, or final action taken, by the Administrator under this

chapter may be filed only in the United States Court of Appeals for

the District of Columbia. A petition for review of the

Administrator's action in approving or promulgating any

implementation plan under section 7410 of this title or section

7411(d) of this title, any order under section 7411(j) of this

title, under section 7412 of this title,,(!3) under section 7419 of

this title, or under section 7420 of this title, or his action

under section 1857c-10(c)(2)(A), (B), or (C) of this title (as in

effect before August 7, 1977) or under regulations thereunder, or

revising regulations for enhanced monitoring and compliance

certification programs under section 7414(a)(3) of this title, or

any other final action of the Administrator under this chapter

(including any denial or disapproval by the Administrator under

subchapter I of this chapter) which is locally or regionally

applicable may be filed only in the United States Court of Appeals

for the appropriate circuit. Notwithstanding the preceding sentence

a petition for review of any action referred to in such sentence

may be filed only in the United States Court of Appeals for the

District of Columbia if such action is based on a determination of

nationwide scope or effect and if in taking such action the

Administrator finds and publishes that such action is based on such

a determination. Any petition for review under this subsection

shall be filed within sixty days from the date notice of such

promulgation, approval, or action appears in the Federal Register,

except that if such petition is based solely on grounds arising

after such sixtieth day, then any petition for review under this

subsection shall be filed within sixty days after such grounds

arise. The filing of a petition for reconsideration by the

Administrator of any otherwise final rule or action shall not

affect the finality of such rule or action for purposes of judicial

review nor extend the time within which a petition for judicial

review of such rule or action under this section may be filed, and

shall not postpone the effectiveness of such rule or action.

(2) Action of the Administrator with respect to which review

could have been obtained under paragraph (1) shall not be subject

to judicial review in civil or criminal proceedings for

enforcement. Where a final decision by the Administrator defers

performance of any nondiscretionary statutory action to a later

time, any person may challenge the deferral pursuant to paragraph

(1).

(c) Additional evidence

In any judicial proceeding in which review is sought of a

determination under this chapter required to be made on the record

after notice and opportunity for hearing, if any party applies to

the court for leave to adduce additional evidence, and shows to the

satisfaction of the court that such additional evidence is material

and that there were reasonable grounds for the failure to adduce

such evidence in the proceeding before the Administrator, the court

may order such additional evidence (and evidence in rebuttal

thereof) to be taken before the Administrator, in such manner and

upon such terms and conditions as to (!4) the court may deem

proper. The Administrator may modify his findings as to the facts,

or make new findings, by reason of the additional evidence so taken

and he shall file such modified or new findings, and his

recommendation, if any, for the modification or setting aside of

his original determination, with the return of such additional

evidence.

(d) Rulemaking

(1) This subsection applies to -

(A) the promulgation or revision of any national ambient air

quality standard under section 7409 of this title,

(B) the promulgation or revision of an implementation plan by

the Administrator under section 7410(c) of this title,

(C) the promulgation or revision of any standard of performance

under section 7411 of this title, or emission standard or

limitation under section 7412(d) of this title, any standard

under section 7412(f) of this title, or any regulation under

section 7412(g)(1)(D) and (F) of this title, or any regulation

under section 7412(m) or (n) of this title,

(D) the promulgation of any requirement for solid waste

combustion under section 7429 of this title,

(E) the promulgation or revision of any regulation pertaining

to any fuel or fuel additive under section 7545 of this title,

(F) the promulgation or revision of any aircraft emission

standard under section 7571 of this title,

(G) the promulgation or revision of any regulation under

subchapter IV-A of this chapter (relating to control of acid

deposition),

(H) promulgation or revision of regulations pertaining to

primary nonferrous smelter orders under section 7419 of this

title (but not including the granting or denying of any such

order),

(I) promulgation or revision of regulations under subchapter VI

of this chapter (relating to stratosphere and ozone protection),

(J) promulgation or revision of regulations under part C of

subchapter I of this chapter (relating to prevention of

significant deterioration of air quality and protection of

visibility),

(K) promulgation or revision of regulations under section 7521

of this title and test procedures for new motor vehicles or

engines under section 7525 of this title, and the revision of a

standard under section 7521(a)(3) of this title,

(L) promulgation or revision of regulations for noncompliance

penalties under section 7420 of this title,

(M) promulgation or revision of any regulations promulgated

under section 7541 of this title (relating to warranties and

compliance by vehicles in actual use),

(N) action of the Administrator under section 7426 of this

title (relating to interstate pollution abatement),

(O) the promulgation or revision of any regulation pertaining

to consumer and commercial products under section 7511b(e) of

this title,

(P) the promulgation or revision of any regulation pertaining

to field citations under section 7413(d)(3) of this title,

(Q) the promulgation or revision of any regulation pertaining

to urban buses or the clean-fuel vehicle, clean-fuel fleet, and

clean fuel programs under part C of subchapter II of this

chapter,

(R) the promulgation or revision of any regulation pertaining

to nonroad engines or nonroad vehicles under section 7547 of this

title,

(S) the promulgation or revision of any regulation relating to

motor vehicle compliance program fees under section 7552 of this

title,

(T) the promulgation or revision of any regulation under

subchapter IV-A of this chapter (relating to acid deposition),

(U) the promulgation or revision of any regulation under

section 7511b(f) of this title pertaining to marine vessels, and

(V) such other actions as the Administrator may determine.

The provisions of section 553 through 557 and section 706 of title

5 shall not, except as expressly provided in this subsection, apply

to actions to which this subsection applies. This subsection shall

not apply in the case of any rule or circumstance referred to in

subparagraphs (A) or (B) of subsection 553(b) of title 5.

(2) Not later than the date of proposal of any action to which

this subsection applies, the Administrator shall establish a

rulemaking docket for such action (hereinafter in this subsection

referred to as a "rule"). Whenever a rule applies only within a

particular State, a second (identical) docket shall be

simultaneously established in the appropriate regional office of

the Environmental Protection Agency.

(3) In the case of any rule to which this subsection applies,

notice of proposed rulemaking shall be published in the Federal

Register, as provided under section 553(b) of title 5, shall be

accompanied by a statement of its basis and purpose and shall

specify the period available for public comment (hereinafter

referred to as the "comment period"). The notice of proposed

rulemaking shall also state the docket number, the location or

locations of the docket, and the times it will be open to public

inspection. The statement of basis and purpose shall include a

summary of -

(A) the factual data on which the proposed rule is based;

(B) the methodology used in obtaining the data and in analyzing

the data; and

(C) the major legal interpretations and policy considerations

underlying the proposed rule.

The statement shall also set forth or summarize and provide a

reference to any pertinent findings, recommendations, and comments

by the Scientific Review Committee established under section

7409(d) of this title and the National Academy of Sciences, and, if

the proposal differs in any important respect from any of these

recommendations, an explanation of the reasons for such

differences. All data, information, and documents referred to in

this paragraph on which the proposed rule relies shall be included

in the docket on the date of publication of the proposed rule.

(4)(A) The rulemaking docket required under paragraph (2) shall

be open for inspection by the public at reasonable times specified

in the notice of proposed rulemaking. Any person may copy documents

contained in the docket. The Administrator shall provide copying

facilities which may be used at the expense of the person seeking

copies, but the Administrator may waive or reduce such expenses in

such instances as the public interest requires. Any person may

request copies by mail if the person pays the expenses, including

personnel costs to do the copying.

(B)(i) Promptly upon receipt by the agency, all written comments

and documentary information on the proposed rule received from any

person for inclusion in the docket during the comment period shall

be placed in the docket. The transcript of public hearings, if any,

on the proposed rule shall also be included in the docket promptly

upon receipt from the person who transcribed such hearings. All

documents which become available after the proposed rule has been

published and which the Administrator determines are of central

relevance to the rulemaking shall be placed in the docket as soon

as possible after their availability.

(ii) The drafts of proposed rules submitted by the Administrator

to the Office of Management and Budget for any interagency review

process prior to proposal of any such rule, all documents

accompanying such drafts, and all written comments thereon by other

agencies and all written responses to such written comments by the

Administrator shall be placed in the docket no later than the date

of proposal of the rule. The drafts of the final rule submitted for

such review process prior to promulgation and all such written

comments thereon, all documents accompanying such drafts, and

written responses thereto shall be placed in the docket no later

than the date of promulgation.

(5) In promulgating a rule to which this subsection applies (i)

the Administrator shall allow any person to submit written

comments, data, or documentary information; (ii) the Administrator

shall give interested persons an opportunity for the oral

presentation of data, views, or arguments, in addition to an

opportunity to make written submissions; (iii) a transcript shall

be kept of any oral presentation; and (iv) the Administrator shall

keep the record of such proceeding open for thirty days after

completion of the proceeding to provide an opportunity for

submission of rebuttal and supplementary information.

(6)(A) The promulgated rule shall be accompanied by (i) a

statement of basis and purpose like that referred to in paragraph

(3) with respect to a proposed rule and (ii) an explanation of the

reasons for any major changes in the promulgated rule from the

proposed rule.

(B) The promulgated rule shall also be accompanied by a response

to each of the significant comments, criticisms, and new data

submitted in written or oral presentations during the comment

period.

(C) The promulgated rule may not be based (in part or whole) on

any information or data which has not been placed in the docket as

of the date of such promulgation.

(7)(A) The record for judicial review shall consist exclusively

of the material referred to in paragraph (3), clause (i) of

paragraph (4)(B), and subparagraphs (A) and (B) of paragraph (6).

(B) Only an objection to a rule or procedure which was raised

with reasonable specificity during the period for public comment

(including any public hearing) may be raised during judicial

review. If the person raising an objection can demonstrate to the

Administrator that it was impracticable to raise such objection

within such time or if the grounds for such objection arose after

the period for public comment (but within the time specified for

judicial review) and if such objection is of central relevance to

the outcome of the rule, the Administrator shall convene a

proceeding for reconsideration of the rule and provide the same

procedural rights as would have been afforded had the information

been available at the time the rule was proposed. If the

Administrator refuses to convene such a proceeding, such person may

seek review of such refusal in the United States court of appeals

for the appropriate circuit (as provided in subsection (b) of this

section). Such reconsideration shall not postpone the effectiveness

of the rule. The effectiveness of the rule may be stayed during

such reconsideration, however, by the Administrator or the court

for a period not to exceed three months.

(8) The sole forum for challenging procedural determinations made

by the Administrator under this subsection shall be in the United

States court of appeals for the appropriate circuit (as provided in

subsection (b) of this section) at the time of the substantive

review of the rule. No interlocutory appeals shall be permitted

with respect to such procedural determinations. In reviewing

alleged procedural errors, the court may invalidate the rule only

if the errors were so serious and related to matters of such

central relevance to the rule that there is a substantial

likelihood that the rule would have been significantly changed if

such errors had not been made.

(9) In the case of review of any action of the Administrator to

which this subsection applies, the court may reverse any such

action found to be -

(A) arbitrary, capricious, an abuse of discretion, or otherwise

not in accordance with law;

(B) contrary to constitutional right, power, privilege, or

immunity;

(C) in excess of statutory jurisdiction, authority, or

limitations, or short of statutory right; or

(D) without observance of procedure required by law, if (i)

such failure to observe such procedure is arbitrary or

capricious, (ii) the requirement of paragraph (7)(B) has been

met, and (iii) the condition of the last sentence of paragraph

(8) is met.

(10) Each statutory deadline for promulgation of rules to which

this subsection applies which requires promulgation less than six

months after date of proposal may be extended to not more than six

months after date of proposal by the Administrator upon a

determination that such extension is necessary to afford the

public, and the agency, adequate opportunity to carry out the

purposes of this subsection.

(11) The requirements of this subsection shall take effect with

respect to any rule the proposal of which occurs after ninety days

after August 7, 1977.

(e) Other methods of judicial review not authorized

Nothing in this chapter shall be construed to authorize judicial

review of regulations or orders of the Administrator under this

chapter, except as provided in this section.

(f) Costs

In any judicial proceeding under this section, the court may

award costs of litigation (including reasonable attorney and expert

witness fees) whenever it determines that such award is

appropriate.

(g) Stay, injunction, or similar relief in proceedings relating to

noncompliance penalties

In any action respecting the promulgation of regulations under

section 7420 of this title or the administration or enforcement of

section 7420 of this title no court shall grant any stay,

injunctive, or similar relief before final judgment by such court

in such action.

(h) Public participation

It is the intent of Congress that, consistent with the policy of

subchapter II of chapter 5 of title 5, the Administrator in

promulgating any regulation under this chapter, including a

regulation subject to a deadline, shall ensure a reasonable period

for public participation of at least 30 days, except as otherwise

expressly provided in section (!5) 7407(d), 7502(a), 7511(a) and

(b), and 7512(a) and (b) of this title.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 307, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L.

92-157, title III, Sec. 302(a), Nov. 18, 1971, 85 Stat. 464; Pub.

L. 93-319, Sec. 6(c), June 22, 1974, 88 Stat. 259; Pub. L. 95-95,

title III, Secs. 303(d), 305(a), (c), (f)-(h), Aug. 7, 1977, 91

Stat. 772, 776, 777; Pub. L. 95-190, Sec. 14(a)(79), (80), Nov. 16,

1977, 91 Stat. 1404; Pub. L. 101-549, title I, Secs. 108(p),

110(5), title III, Sec. 302(g), (h), title VII, Secs. 702(c), 703,

706, 707(h), 710(b), Nov. 15, 1990, 104 Stat. 2469, 2470, 2574,

2681-2684.)

-REFTEXT-

REFERENCES IN TEXT

Section 7521(b)(4) of this title, referred to in subsec. (a), was

repealed by Pub. L. 101-549, title II, Sec. 203(2), Nov. 15, 1990,

104 Stat. 2529.

Section 7521(b)(5) of this title, referred to in subsec. (b)(1),

was repealed by Pub. L. 101-549, title II, Sec. 203(3), Nov. 15,

1990, 104 Stat. 2529.

Section 1857c-10(c)(2)(A), (B), or (C) of this title (as in

effect before August 7, 1977), referred to in subsec. (b)(1), was

in the original "section 119(c)(2)(A), (B), or (C) (as in effect

before the date of enactment of the Clean Air Act Amendments of

1977)", meaning section 119 of act July 14, 1955, ch. 360, title I,

as added June 22, 1974, Pub. L. 93-319, Sec. 3, 88 Stat. 248,

(which was classified to section 1857c-10 of this title) as in

effect prior to the enactment of Pub. L. 95-95, Aug. 7, 1977, 91

Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of Pub. L.

95-95 repealed section 119 of act July 14, 1955, ch. 360, title I,

as added by Pub. L. 93-319, and provided that all references to

such section 119 in any subsequent enactment which supersedes Pub.

L. 93-319 shall be construed to refer to section 113(d) of the

Clean Air Act and to paragraph (5) thereof in particular which is

classified to subsec. (d)(5) of section 7413 of this title. Section

7413(d) of this title was subsequently amended generally by Pub. L.

101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and,

as so amended, no longer relates to final compliance orders.

Section 117(b) of Pub. L. 95-95 added a new section 119 of act July

14, 1955, which is classified to section 7419 of this title.

Part C of subchapter I of this chapter, referred to in subsec.

(d)(1)(J), was in the original "subtitle C of title I", and was

translated as reading "part C of title I" to reflect the probable

intent of Congress, because title I does not contain subtitles.

-COD-

CODIFICATION

In subsec. (h), "subchapter II of chapter 5 of title 5" was

substituted for "the Administrative Procedures Act" on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5, Government Organization and

Employees.

Section was formerly classified to section 1857h-5 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 307 of act July 14, 1955, was renumbered section

314 by Pub. L. 91-604 and is classified to section 7614 of this

title.

Another prior section 307 of act July 14, 1955, ch. 360, title

III, formerly Sec. 14, as added Dec. 17, 1963, Pub. L. 88-206, Sec.

1, 77 Stat. 401, was renumbered section 307 by Pub. L. 89-272,

renumbered section 310 by Pub. L. 90-148, and renumbered section

317 by Pub. L. 91-604, and is set out as a Short Title note under

section 7401 of this title.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-549, Sec. 703, struck out par.

(1) designation at beginning, inserted provisions authorizing

issuance of subpoenas and administration of oaths for purposes of

investigations, monitoring, reporting requirements, entries,

compliance inspections, or administrative enforcement proceedings

under this chapter, and struck out "or section 7521(b)(5)" after

"section 7410(f)".

Subsec. (b)(1). Pub. L. 101-549, Sec. 706, struck out "under

section 7413(d) of this title" before ", under section 7419 of this

title" and inserted at end: "The filing of a petition for

reconsideration by the Administrator of any otherwise final rule or

action shall not affect the finality of such rule or action for

purposes of judicial review nor extend the time within which a

petition for judicial review of such rule or action under this

section may be filed, and shall not postpone the effectiveness of

such rule or action."

Pub. L. 101-549, Sec. 702(c), inserted "or revising regulations

for enhanced monitoring and compliance certification programs under

section 7414(a)(3) of this title," before "or any other final

action of the Administrator".

Pub. L. 101-549, Sec. 302(g), substituted "section 7412" for

"section 7412(c)".

Subsec. (b)(2). Pub. L. 101-549, Sec. 707(h), inserted sentence

at end authorizing challenge to deferrals of performance of

nondiscretionary statutory actions.

Subsec. (d)(1)(C). Pub. L. 101-549, Sec. 110(5)(A), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: "the promulgation or revision of any standard of

performance under section 7411 of this title or emission standard

under section 7412 of this title,".

Subsec. (d)(1)(D), (E). Pub. L. 101-549, Sec. 302(h), added

subpar. (D) and redesignated former subpar. (D) as (E). Former

subpar. (E) redesignated (F).

Subsec. (d)(1)(F). Pub. L. 101-549, Sec. 302(h), redesignated

subpar. (E) as (F). Former subpar. (F) redesignated (G).

Pub. L. 101-549, Sec. 110(5)(B), amended subpar. (F) generally.

Prior to amendment, subpar. (F) read as follows: "promulgation or

revision of regulations pertaining to orders for coal conversion

under section 7413(d)(5) of this title (but not including orders

granting or denying any such orders),".

Subsec. (d)(1)(G), (H). Pub. L. 101-549, Sec. 302(h),

redesignated subpars. (F) and (G) as (G) and (H), respectively.

Former subpar. (H) redesignated (I).

Subsec. (d)(1)(I). Pub. L. 101-549, Sec. 710(b), which directed

that subpar. (H) be amended by substituting "subchapter VI of this

chapter" for "part B of subchapter I of this chapter", was executed

by making the substitution in subpar. (I), to reflect the probable

intent of Congress and the intervening redesignation of subpar. (H)

as (I) by Pub. L. 101-549, Sec. 302(h), see below.

Pub. L. 101-549, Sec. 302(h), redesignated subpar. (H) as (I).

Former subpar. (I) redesignated (J).

Subsec. (d)(1)(J) to (M). Pub. L. 101-549, Sec. 302(h),

redesignated subpars. (I) to (L) as (J) to (M), respectively.

Former subpar. (M) redesignated (N).

Subsec. (d)(1)(N). Pub. L. 101-549, Sec. 302(h), redesignated

subpar. (M) as (N). Former subpar. (N) redesignated (O).

Pub. L. 101-549, Sec. 110(5)(C), added subpar. (N) and

redesignated former subpar. (N) as (U).

Subsec. (d)(1)(O) to (T). Pub. L. 101-549, Sec. 302(h),

redesignated subpars. (N) to (S) as (O) to (T), respectively.

Former subpar. (T) redesignated (U).

Pub. L. 101-549, Sec. 110(5)(C), added subpars. (O) to (T).

Subsec. (d)(1)(U). Pub. L. 101-549, Sec. 302(h), redesignated

subpar. (T) as (U). Former subpar. (U) redesignated (V).

Pub. L. 101-549, Sec. 110(5)(C), redesignated former subpar. (N)

as (U).

Subsec. (d)(1)(V). Pub. L. 101-549, Sec. 302(h), redesignated

subpar. (U) as (V).

Subsec. (h). Pub. L. 101-549, Sec. 108(p), added subsec. (h).

1977 - Subsec. (b)(1). Pub. L. 95-190 in text relating to filing

of petitions for review in the United States Court of Appeals for

the District of Columbia inserted provision respecting requirements

under sections 7411 and 7412 of this title, and substituted

provisions authorizing review of any rule issued under section

7413, 7419, or 7420 of this title, for provisions authorizing

review of any rule or order issued under section 7420 of this

title, relating to noncompliance penalties, and in text relating to

filing of petitions for review in the United States Court of

Appeals for the appropriate circuit inserted provision respecting

review under section 7411(j), 7412(c), 7413(d), or 7419 of this

title, provision authorizing review under section

1857c-10(c)(2)(A), (B), or (C) to the period prior to Aug. 7, 1977,

and provisions authorizing review of denials or disapprovals by the

Administrator under subchapter I of this chapter.

Pub. L. 95-95, Sec. 305(c), (h), inserted rules or orders issued

under section 7420 of this title (relating to noncompliance

penalties) and any other nationally applicable regulations

promulgated, or final action taken, by the Administrator under this

chapter to the enumeration of actions of the Administrator for

which a petition for review may be filed only in the United States

Court of Appeals for the District of Columbia, added the approval

or promulgation by the Administrator of orders under section 7420

of this title, or any other final action of the Administrator under

this chapter which is locally or regionally applicable to the

enumeration of actions by the Administrator for which a petition

for review may be filed only in the United States Court of Appeals

for the appropriate circuit, inserted provision that petitions

otherwise capable of being filed in the Court of Appeals for the

appropriate circuit may be filed only in the Court of Appeals for

the District of Columbia if the action is based on a determination

of nationwide scope, and increased from 30 days to 60 days the

period during which the petition must be filed.

Subsec. (d). Pub. L. 95-95, Sec. 305(a), added subsec. (d).

Subsec. (e). Pub. L. 95-95, Sec. 303(d), added subsec. (e).

Subsec. (f). Pub. L. 95-95, Sec. 305(f), added subsec. (f).

Subsec. (g). Pub. L. 95-95, Sec. 305(g), added subsec. (g).

1974 - Subsec. (b)(1). Pub. L. 93-319 inserted reference to the

Administrator's action under section 1857c-10(c)(2)(A), (B), or (C)

of this title or under regulations thereunder and substituted

reference to the filing of a petition within 30 days from the date

of promulgation, approval, or action for reference to the filing of

a petition within 30 days from the date of promulgation or

approval.

1971 - Subsec. (a)(1). Pub. L. 92-157 substituted reference to

section "7545(c)(3)" for "7545(c)(4)" of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

PENDING ACTIONS AND PROCEEDINGS

Suits, actions, and other proceedings lawfully commenced by or

against the Administrator or any other officer or employee of the

United States in his official capacity or in relation to the

discharge of his official duties under act July 14, 1955, the Clean

Air Act, as in effect immediately prior to the enactment of Pub. L.

95-95 [Aug. 7, 1977], not to abate by reason of the taking effect

of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as

an Effective Date of 1977 Amendment note under section 7401 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7412, 7413, 7419, 7420,

7429, 7506a, 7521, 7545, 7601, 7604, 7617, 7625-1, 7661d of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "this".

(!3) So in original.

(!4) So in original. The word "to" probably should not appear.

(!5) So in original. Probably should be "sections".

-End-

-CITE-

42 USC Sec. 7608 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7608. Mandatory licensing

-STATUTE-

Whenever the Attorney General determines, upon application of the

Administrator -

(1) that -

(A) in the implementation of the requirements of section

7411, 7412, or 7521 of this title, a right under any United

States letters patent, which is being used or intended for

public or commercial use and not otherwise reasonably

available, is necessary to enable any person required to comply

with such limitation to so comply, and

(B) there are no reasonable alternative methods to accomplish

such purpose, and

(2) that the unavailability of such right may result in a

substantial lessening of competition or tendency to create a

monopoly in any line of commerce in any section of the country,

the Attorney General may so certify to a district court of the

United States, which may issue an order requiring the person who

owns such patent to license it on such reasonable terms and

conditions as the court, after hearing, may determine. Such

certification may be made to the district court for the district in

which the person owning the patent resides, does business, or is

found.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 308, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1708.)

-COD-

CODIFICATION

Section was formerly classified to section 1857h-6 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 308 of act July 14, 1955, was renumbered section

315 by Pub. L. 91-604 and is classified to section 7615 of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-End-

-CITE-

42 USC Sec. 7609 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7609. Policy review

-STATUTE-

(a) Environmental impact

The Administrator shall review and comment in writing on the

environmental impact of any matter relating to duties and

responsibilities granted pursuant to this chapter or other

provisions of the authority of the Administrator, contained in any

(1) legislation proposed by any Federal department or agency, (2)

newly authorized Federal projects for construction and any major

Federal agency action (other than a project for construction) to

which section 4332(2)(C) of this title applies, and (3) proposed

regulations published by any department or agency of the Federal

Government. Such written comment shall be made public at the

conclusion of any such review.

(b) Unsatisfactory legislation, action, or regulation

In the event the Administrator determines that any such

legislation, action, or regulation is unsatisfactory from the

standpoint of public health or welfare or environmental quality, he

shall publish his determination and the matter shall be referred to

the Council on Environmental Quality.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 309, as added Pub. L.

91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1709.)

-COD-

CODIFICATION

Section was formerly classified to section 1857h-7 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 309 of act July 14, 1955, ch. 360, title III,

formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1,

77 Stat. 401; renumbered Sec. 306, Oct. 20, 1965, Pub. L. 89-272,

title I, Sec. 101(4), 79 Stat. 992; renumbered Sec. 309, Nov. 21,

1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506; renumbered Sec. 316,

Dec. 31, 1970, Pub. L. 91-604, Sec. 12(a), 84 Stat. 1705, related

to appropriations and was classified to section 1857l of this

title, prior to repeal by section 306 of Pub. L. 95-95. See section

7626 of this title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-End-

-CITE-

42 USC Sec. 7610 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7610. Other authority

-STATUTE-

(a) Authority and responsibilities under other laws not affected

Except as provided in subsection (b) of this section, this

chapter shall not be construed as superseding or limiting the

authorities and responsibilities, under any other provision of law,

of the Administrator or any other Federal officer, department, or

agency.

(b) Nonduplication of appropriations

No appropriation shall be authorized or made under section 241,

243, or 246 of this title for any fiscal year after the fiscal year

ending June 30, 1964, for any purpose for which appropriations may

be made under authority of this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 310, formerly Sec. 10, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;

renumbered Sec. 303, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,

1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,

81 Stat. 505; renumbered Sec. 310 and amended Pub. L. 91-604, Secs.

12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)

-COD-

CODIFICATION

Section was formerly classified to section 1857i of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 310 of act July 14, 1955, was renumbered section

317 by Pub. L. 91-604 and is set out as a Short Title note under

section 7401 of this title.

Provisions similar to those in subsec. (a) of this section were

contained in section 1857f of this title, act July 14, 1955, ch.

360, Sec. 7, 69 Stat. 323, prior to the general amendment of this

chapter by Pub. L. 88-206.

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted

"Administrator" for "Secretary".

1967 - Subsec. (b). Pub. L. 90-148 substituted reference to

section 246 of this title for reference to section 246(c) of this

title.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-End-

-CITE-

42 USC Sec. 7611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7611. Records and audit

-STATUTE-

(a) Recipients of assistance to keep prescribed records

Each recipient of assistance under this chapter shall keep such

records as the Administrator shall prescribe, including records

which fully disclose the amount and disposition by such recipient

of the proceeds of such assistance, the total cost of the project

or undertaking in connection with which such assistance is given or

used, and the amount of that portion of the cost of the project or

undertaking supplied by other sources, and such other records as

will facilitate an effective audit.

(b) Audits

The Administrator and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purpose of audit and examinations to any books,

documents, papers, and records of the recipients that are pertinent

to the grants received under this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 311, formerly Sec. 11, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;

renumbered Sec. 304, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,

1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,

81 Stat. 505; renumbered Sec. 311 and amended Pub. L. 91-604, Secs.

12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)

-COD-

CODIFICATION

Section was formerly classified to section 1857j of this title.

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"

for "Secretary" and "Secretary of Health, Education, and Welfare".

1967 - Pub. L. 90-148 reenacted section without change.

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,

DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,

DELEGATIONS, AND OTHER ACTIONS

All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to act July 14, 1955, the

Clean Air Act, as in effect immediately prior to the date of

enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force

and effect until modified or rescinded in accordance with act July

14, 1955, as amended by Pub. L. 95-95 [this chapter], see section

406(b) of Pub. L. 95-95, set out as an Effective Date of 1977

Amendment note under section 7401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4905, 7541 of this title.

-End-

-CITE-

42 USC Sec. 7612 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7612. Economic impact analyses

-STATUTE-

(a) Cost-benefit analysis

The Administrator, in consultation with the Secretary of

Commerce, the Secretary of Labor, and the Council on Clean Air

Compliance Analysis (as established under subsection (f) of this

section), shall conduct a comprehensive analysis of the impact of

this chapter on the public health, economy, and environment of the

United States. In performing such analysis, the Administrator

should consider the costs, benefits and other effects associated

with compliance with each standard issued for -

(1) a criteria air pollutant subject to a standard issued under

section 7409 of this title;

(2) a hazardous air pollutant listed under section 7412 of this

title, including any technology-based standard and any risk-based

standard for such pollutant;

(3) emissions from mobile sources regulated under subchapter II

of this chapter;

(4) a limitation under this chapter for emissions of sulfur

dioxide or nitrogen oxides;

(5) a limitation under subchapter VI of this chapter on the

production of any ozone-depleting substance; and

(6) any other section of this chapter.

(b) Benefits

In describing the benefits of a standard described in subsection

(a) of this section, the Administrator shall consider all of the

economic, public health, and environmental benefits of efforts to

comply with such standard. In any case where numerical values are

assigned to such benefits, a default assumption of zero value shall

not be assigned to such benefits unless supported by specific data.

The Administrator shall assess how benefits are measured in order

to assure that damage to human health and the environment is more

accurately measured and taken into account.

(c) Costs

In describing the costs of a standard described in subsection (a)

of this section, the Administrator shall consider the effects of

such standard on employment, productivity, cost of living, economic

growth, and the overall economy of the United States.

(d) Initial report

Not later than 12 months after November 15, 1990, the

Administrator, in consultation with the Secretary of Commerce, the

Secretary of Labor, and the Council on Clean Air Compliance

Analysis, shall submit a report to the Congress that summarizes the

results of the analysis described in subsection (a) of this

section, which reports -

(1) all costs incurred previous to November 15, 1990, in the

effort to comply with such standards; and

(2) all benefits that have accrued to the United States as a

result of such costs.

(e) Omitted

(f) Appointment of Advisory Council on Clean Air Compliance

Analysis

Not later than 6 months after November 15, 1990, the

Administrator, in consultation with the Secretary of Commerce and

the Secretary of Labor, shall appoint an Advisory Council on Clean

Air Compliance Analysis of not less than nine members (hereafter in

this section referred to as the "Council"). In appointing such

members, the Administrator shall appoint recognized experts in the

fields of the health and environmental effects of air pollution,

economic analysis, environmental sciences, and such other fields

that the Administrator determines to be appropriate.

(g) Duties of Advisory Council

The Council shall -

(1) review the data to be used for any analysis required under

this section and make recommendations to the Administrator on the

use of such data;

(2) review the methodology used to analyze such data and make

recommendations to the Administrator on the use of such

methodology; and

(3) prior to the issuance of a report required under subsection

(d) or (e) of this section, review the findings of such report,

and make recommendations to the Administrator concerning the

validity and utility of such findings.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 312, formerly Sec. 305, as

added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 505;

renumbered Sec. 312 and amended Pub. L. 91-604, Secs. 12(a),

15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713; Pub. L. 95-95, title

II, Sec. 224(c), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101-549, title

VIII, Sec. 812(a), Nov. 15, 1990, 104 Stat. 2691.)

-COD-

CODIFICATION

Subsec. (e) of this section, which required the Administrator, in

consultation with the Secretary of Commerce, the Secretary of

Labor, and the Council on Clean Air Compliance Analysis, to submit

a report to Congress that updates the report issued pursuant to

subsec. (d) of this section, and which, in addition, makes

projections into the future regarding expected costs, benefits, and

other effects of compliance with standards pursuant to this chapter

as listed in subsec. (a) of this section, terminated, effective May

15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance. See, also, the 4th item on page 163 of House Document No.

103-7.

Section was formerly classified to section 1857j-1 of this title.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

detailed cost estimate, comprehensive cost and economic impact

studies, and annual reevaluation; in subsec. (b), personnel study

and report to President and Congress; and in subsec. (c),

cost-effectiveness analyses.

1977 - Subsec. (c). Pub. L. 95-95 added subsec. (c).

1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"

for "Secretary" wherever appearing.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as

otherwise expressly provided, see section 406(d) of Pub. L. 95-95,

set out as a note under section 7401 of this title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by Congress, its duration is otherwise provided by law.

See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

EQUIVALENT AIR QUALITY CONTROLS AMONG TRADING NATIONS

Section 811 of Pub. L. 101-549 provided that:

"(a) Findings. - The Congress finds that -

"(1) all nations have the responsibility to adopt and enforce

effective air quality standards and requirements and the United

States, in enacting this Act [see Tables for classification], is

carrying out its responsibility in this regard;

"(2) as a result of complying with this Act, businesses in the

United States will make significant capital investments and incur

incremental costs in implementing control technology standards;

"(3) such compliance may impair the competitiveness of certain

United States jobs, production, processes, and products if

foreign goods are produced under less costly environmental

standards and requirements than are United States goods; and

"(4) mechanisms should be sought through which the United

States and its trading partners can agree to eliminate or reduce

competitive disadvantages.

"(b) Action by the President. -

"(1) In general. - Within 18 months after the date of the

enactment of the Clean Air Act Amendments of 1990 [Nov. 15,

1990], the President shall submit to the Congress a report -

"(A) identifying and evaluating the economic effects of -

"(i) the significant air quality standards and controls

required under this Act, and

"(ii) the differences between the significant standards and

controls required under this Act and similar standards and

controls adopted and enforced by the major trading partners

of the United States,

on the international competitiveness of United States

manufacturers; and

"(B) containing a strategy for addressing such economic

effects through trade consultations and negotiations.

"(2) Additional reporting requirements. - (A) The evaluation

required under paragraph (1)(A) shall examine the extent to which

the significant air quality standards and controls required under

this Act are comparable to existing internationally-agreed norms.

"(B) The strategy required to be developed under paragraph

(1)(B) shall include recommended options (such as the

harmonization of standards and trade adjustment measures) for

reducing or eliminating competitive disadvantages caused by

differences in standards and controls between the United States

and each of its major trading partners.

"(3) Public comment. - Interested parties shall be given an

opportunity to submit comments regarding the evaluations and

strategy required in the report under paragraph (1). The

President shall take any such comment into account in preparing

the report.

"(4) Interim report. - Within 9 months after the date of the

enactment of the Clean Air Act Amendments of 1990 [Nov. 15,

1990], the President shall submit to the Congress an interim

report on the progress being made in complying with paragraph

(1)."

GAO REPORTS ON COSTS AND BENEFITS

Section 812(b) of Pub. L. 101-549, which directed Comptroller

General, commencing on second year after Nov. 15, 1990, and

annually thereafter, in consultation with other agencies, to report

to Congress on pollution control strategies and technologies

required by Clean Air Act Amendments of 1990, was repealed by Pub.

L. 104-316, title I, Sec. 122(r), Oct. 19, 1996, 110 Stat. 3838.

-End-

-CITE-

42 USC Sec. 7613 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7613. Repealed. Pub. L. 101-549, title VIII, Sec. 803, Nov.

15, 1990, 104 Stat. 2689

-MISC1-

Section, act July 14, 1955, ch. 360, title III, Sec. 313,

formerly Sec. 306, as added Nov. 21, 1967, Pub. L. 90-148, Sec. 2,

81 Stat. 506; renumbered Sec. 313 and amended Dec. 31, 1970, Pub.

L. 91-604, Secs. 12(a), 15(c)(2), 84 Stat. 1705, 1713; Aug. 7,

1977, Pub. L. 95-95, title III, Sec. 302(b), 91 Stat. 771, required

annual report to Congress on progress of programs under this

chapter.

-End-

-CITE-

42 USC Sec. 7614 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7614. Labor standards

-STATUTE-

The Administrator shall take such action as may be necessary to

insure that all laborers and mechanics employed by contractors or

subcontractors on projects assisted under this chapter shall be

paid wages at rates not less than those prevailing for the same

type of work on similar construction in the locality as determined

by the Secretary of Labor, in accordance with sections 3141-3144,

3146, and 3147 of title 40. The Secretary of Labor shall have, with

respect to the labor standards specified in this subsection, the

authority and functions set forth in Reorganization Plan Numbered

14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145 of title

40.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 314, formerly Sec. 307, as

added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 506;

renumbered Sec. 314 and amended Pub. L. 91-604, Secs. 12(a),

15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Act of March 3, 1931, as amended, known as the

Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a - 276a-5)" and

"section 3145 of title 40" substituted for "section 2 of the Act of

June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)", on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

Section was formerly classified to section 1857j-3 of this title.

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"

for "Secretary" meaning the Secretary of Health, Education, and

Welfare.

-End-

-CITE-

42 USC Sec. 7615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7615. Separability

-STATUTE-

If any provision of this chapter, or the application of any

provision of this chapter to any person or circumstance, is held

invalid, the application of such provision to other persons or

circumstances, and the remainder of this chapter shall not be

affected thereby.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 315, formerly Sec. 12, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;

renumbered Sec. 305, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,

1965, 79 Stat. 992; renumbered Sec. 308 and amended, Pub. L.

90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 506; renumbered Sec. 315,

Pub. L. 91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705.)

-COD-

CODIFICATION

Section was formerly classified to section 1857k of this title.

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-148 reenacted section without change.

-End-

-CITE-

42 USC Sec. 7616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7616. Sewage treatment grants

-STATUTE-

(a) Construction

No grant which the Administrator is authorized to make to any

applicant for construction of sewage treatment works in any area in

any State may be withheld, conditioned, or restricted by the

Administrator on the basis of any requirement of this chapter

except as provided in subsection (b) of this section.

(b) Withholding, conditioning, or restriction of construction

grants

The Administrator may withhold, condition, or restrict the making

of any grant for construction referred to in subsection (a) of this

section only if he determines that -

(1) such treatment works will not comply with applicable

standards under section 7411 or 7412 of this title,

(2) the State does not have in effect, or is not carrying out,

a State implementation plan approved by the Administrator which

expressly quantifies and provides for the increase in emissions

of each air pollutant (from stationary and mobile sources in any

area to which either part C or part D of subchapter I of this

chapter applies for such pollutant) which increase may reasonably

be anticipated to result directly or indirectly from the new

sewage treatment capacity which would be created by such

construction.

(3) the construction of such treatment works would create new

sewage treatment capacity which -

(A) may reasonably be anticipated to cause or contribute to,

directly or indirectly, an increase in emissions of any air

pollutant in excess of the increase provided for under the

provisions referred to in paragraph (2) for any such area, or

(B) would otherwise not be in conformity with the applicable

implementation plan, or

(4) such increase in emissions would interfere with, or be

inconsistent with, the applicable implementation plan for any

other State.

In the case of construction of a treatment works which would

result, directly or indirectly, in an increase in emissions of any

air pollutant from stationary and mobile sources in an area to

which part D of subchapter I of this chapter applies, the

quantification of emissions referred to in paragraph (2) shall

include the emissions of any such pollutant resulting directly or

indirectly from areawide and nonmajor stationary source growth

(mobile and stationary) for each such area.

(c) National Environmental Policy Act

Nothing in this section shall be construed to amend or alter any

provision of the National Environmental Policy Act [42 U.S.C. 4321

et seq.] or to affect any determination as to whether or not the

requirements of such Act have been met in the case of the

construction of any sewage treatment works.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 316, as added Pub. L.

95-95, title III, Sec. 306, Aug. 7, 1977, 91 Stat. 777.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act, referred to in subsec.

(c), probably means the National Environmental Policy Act of 1969,

Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 4321 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 4321 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 316 of act July 14, 1955, ch. 360, title III,

formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1,

77 Stat. 401; renumbered Sec. 306 and amended Oct. 20, 1965, Pub.

L. 89-272, title I, Sec. 101(4), (6), (7), 79 Stat. 992; Oct. 15,

1966, Pub. L. 89-675, Sec. 2(a), 80 Stat. 954; renumbered Sec. 309

and amended Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506;

renumbered Sec. 316 and amended Dec. 31, 1970, Pub. L. 91-604,

Secs. 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub. L.

93-15, Sec. 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93-319, Sec.

13(c), 88 Stat. 265, authorized appropriations for air pollution

control, prior to repeal by section 306 of Pub. L. 95-95. See

section 7626 of this title.

EFFECTIVE DATE

Section 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.

-End-

-CITE-

42 USC Sec. 7617 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7617. Economic impact assessment

-STATUTE-

(a) Notice of proposed rulemaking; substantial revisions

This section applies to action of the Administrator in

promulgating or revising -

(1) any new source standard of performance under section 7411

of this title,

(2) any regulation under section 7411(d) of this title,

(3) any regulation under part B (!1) of subchapter I of this

chapter (relating to ozone and stratosphere protection),

(4) any regulation under part C of subchapter I of this chapter

(relating to prevention of significant deterioration of air

quality),

(5) any regulation establishing emission standards under

section 7521 of this title and any other regulation promulgated

under that section,

(6) any regulation controlling or prohibiting any fuel or fuel

additive under section 7545(c) of this title, and

(7) any aircraft emission standard under section 7571 of this

title.

Nothing in this section shall apply to any standard or regulation

described in paragraphs (1) through (7) of this subsection unless

the notice of proposed rulemaking in connection with such standard

or regulation is published in the Federal Register after the date

ninety days after August 7, 1977. In the case of revisions of such

standards or regulations, this section shall apply only to

revisions which the Administrator determines to be substantial

revisions.

(b) Preparation of assessment by Administrator

Before publication of notice of proposed rulemaking with respect

to any standard or regulation to which this section applies, the

Administrator shall prepare an economic impact assessment

respecting such standard or regulation. Such assessment shall be

included in the docket required under section 7607(d)(2) of this

title and shall be available to the public as provided in section

7607(d)(4) of this title. Notice of proposed rulemaking shall

include notice of such availability together with an explanation of

the extent and manner in which the Administrator has considered the

analysis contained in such economic impact assessment in proposing

the action. The Administrator shall also provide such an

explanation in his notice of promulgation of any regulation or

standard referred to in subsection (a) of this section. Each such

explanation shall be part of the statements of basis and purpose

required under sections 7607(d)(3) and 7607(d)(6) of this title.

(c) Analysis

Subject to subsection (d) of this section, the assessment

required under this section with respect to any standard or

regulation shall contain an analysis of -

(1) the costs of compliance with any such standard or

regulation, including extent to which the costs of compliance

will vary depending on (A) the effective date of the standard or

regulation, and (B) the development of less expensive, more

efficient means or methods of compliance with the standard or

regulation;

(2) the potential inflationary or recessionary effects of the

standard or regulation;

(3) the effects on competition of the standard or regulation

with respect to small business;

(4) the effects of the standard or regulation on consumer

costs; and

(5) the effects of the standard or regulation on energy use.

Nothing in this section shall be construed to provide that the

analysis of the factors specified in this subsection affects or

alters the factors which the Administrator is required to consider

in taking any action referred to in subsection (a) of this section.

(d) Extensiveness of assessment

The assessment required under this section shall be as extensive

as practicable, in the judgment of the Administrator taking into

account the time and resources available to the Environmental

Protection Agency and other duties and authorities which the

Administrator is required to carry out under this chapter.

(e) Limitations on construction of section

Nothing in this section shall be construed -

(1) to alter the basis on which a standard or regulation is

promulgated under this chapter;

(2) to preclude the Administrator from carrying out his

responsibility under this chapter to protect public health and

welfare; or

(3) to authorize or require any judicial review of any such

standard or regulation, or any stay or injunction of the

proposal, promulgation, or effectiveness of such standard or

regulation on the basis of failure to comply with this section.

(f) Citizen suits

The requirements imposed on the Administrator under this section

shall be treated as nondiscretionary duties for purposes of section

7604(a)(2) of this title, relating to citizen suits. The sole

method for enforcement of the Administrator's duty under this

section shall be by bringing a citizen suit under such section

7604(a)(2) for a court order to compel the Administrator to perform

such duty. Violation of any such order shall subject the

Administrator to penalties for contempt of court.

(g) Costs

In the case of any provision of this chapter in which costs are

expressly required to be taken into account, the adequacy or

inadequacy of any assessment required under this section may be

taken into consideration, but shall not be treated for purposes of

judicial review of any such provision as conclusive with respect to

compliance or noncompliance with the requirement of such provision

to take cost into account.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 317, as added Pub. L.

95-95, title III, Sec. 307, Aug. 7, 1977, 91 Stat. 778; amended

Pub. L. 95-623, Sec. 13(d), Nov. 9, 1978, 92 Stat. 3458.)

-REFTEXT-

REFERENCES IN TEXT

Part B of subchapter I of this chapter, referred to in subsec.

(a)(3), was repealed by Pub. L. 101-549, title VI, Sec. 601, Nov.

15, 1990, 104 Stat. 2648. See subchapter VI (Sec. 7671 et seq.) of

this chapter.

-COD-

CODIFICATION

Another section 317 of act July 14, 1955, is set out as a Short

Title note under section 7401 of this title.

-MISC1-

AMENDMENTS

1978 - Subsec. (a)(1). Pub. L. 95-623 substituted "section 7411"

for "section 7411(b)".

EFFECTIVE DATE

Section 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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7618 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7618. Repealed. Pub. L. 101-549, title I, Sec. 108(q), Nov.

15, 1990, 104 Stat. 2469

-MISC1-

Section, act July 14, 1955, ch. 360, title III, Sec. 318, as

added Aug. 7, 1977, Pub. L. 95-95, title III, Sec. 308, 91 Stat.

780, related to financial disclosure and conflicts of interest.

-End-

-CITE-

42 USC Sec. 7619 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7619. Air quality monitoring

-STATUTE-

Not later than one year after August 7, 1977, and after notice

and opportunity for public hearing, the Administrator shall

promulgate regulations establishing an air quality monitoring

system throughout the United States which -

(1) utilizes uniform air quality monitoring criteria and

methodology and measures such air quality according to a uniform

air quality index,

(2) provides for air quality monitoring stations in major urban

areas and other appropriate areas throughout the United States to

provide monitoring such as will supplement (but not duplicate)

air quality monitoring carried out by the States required under

any applicable implementation plan,

(3) provides for daily analysis and reporting of air quality

based upon such uniform air quality index, and

(4) provides for recordkeeping with respect to such monitoring

data and for periodic analysis and reporting to the general

public by the Administrator with respect to air quality based

upon such data.

The operation of such air quality monitoring system may be carried

out by the Administrator or by such other departments, agencies, or

entities of the Federal Government (including the National Weather

Service) as the President may deem appropriate. Any air quality

monitoring system required under any applicable implementation plan

under section 7410 of this title shall, as soon as practicable

following promulgation of regulations under this section, utilize

the standard criteria and methodology, and measure air quality

according to the standard index, established under such

regulations.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 319, as added Pub. L.

95-95, title III, Sec. 309, Aug. 7, 1977, 91 Stat. 781.)

-MISC1-

EFFECTIVE DATE

Section 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.

-End-

-CITE-

42 USC Sec. 7620 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7620. Standardized air quality modeling

-STATUTE-

(a) Conferences

Not later than six months after August 7, 1977, and at least

every three years thereafter, the Administrator shall conduct a

conference on air quality modeling. In conducting such conference,

special attention shall be given to appropriate modeling necessary

for carrying out part C of subchapter I of this chapter (relating

to prevention of significant deterioration of air quality).

(b) Conferees

The conference conducted under this section shall provide for

participation by the National Academy of Sciences, representatives

of State and local air pollution control agencies, and appropriate

Federal agencies, including the National Science Foundation; the

National Oceanic and Atmospheric Administration, and the National

Institute of Standards and Technology.

(c) Comments; transcripts

Interested persons shall be permitted to submit written comments

and a verbatim transcript of the conference proceedings shall be

maintained.

(d) Promulgation and revision of regulations relating to air

quality modeling

The comments submitted and the transcript maintained pursuant to

subsection (c) of this section shall be included in the docket

required to be established for purposes of promulgating or revising

any regulation relating to air quality modeling under part C of

subchapter I of this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 320, as added Pub. L.

95-95, title III, Sec. 310, Aug. 7, 1977, 91 Stat. 782; amended

Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat.

1433.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

EFFECTIVE DATE

Section 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.

-End-

-CITE-

42 USC Sec. 7621 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7621. Employment effects

-STATUTE-

(a) Continuous evaluation of potential loss or shifts of employment

The Administrator shall conduct continuing evaluations of

potential loss or shifts of employment which may result from the

administration or enforcement of the provision of this chapter and

applicable implementation plans, including where appropriate,

investigating threatened plant closures or reductions in employment

allegedly resulting from such administration or enforcement.

(b) Request for investigation; hearings; record; report

Any employee, or any representative of such employee, who is

discharged or laid off, threatened with discharge or layoff, or

whose employment is otherwise adversely affected or threatened to

be adversely affected because of the alleged results of any

requirement imposed or proposed to be imposed under this chapter,

including any requirement applicable to Federal facilities and any

requirement imposed by a State or political subdivision thereof,

may request the Administrator to conduct a full investigation of

the matter. Any such request shall be reduced to writing, shall set

forth with reasonable particularity the grounds for the request,

and shall be signed by the employee, or representative of such

employee, making the request. The Administrator shall thereupon

investigate the matter and, at the request of any party, shall hold

public hearings on not less than five days' notice. At such

hearings, the Administrator shall require the parties, including

the employer involved, to present information relating to the

actual or potential effect of such requirements on employment and

the detailed reasons or justification therefor. If the

Administrator determines that there are no reasonable grounds for

conducting a public hearing he shall notify (in writing) the party

requesting such hearing of such a determination and the reasons

therefor. If the Administrator does convene such a hearing, the

hearing shall be on the record. Upon receiving the report of such

investigation, the Administrator shall make findings of fact as to

the effect of such requirements on employment and on the alleged

actual or potential discharge, layoff, or other adverse effect on

employment, and shall make such recommendations as he deems

appropriate. Such report, findings, and recommendations shall be

available to the public.

(c) Subpenas; confidential information; witnesses; penalty

In connection with any investigation or public hearing conducted

under subsection (b) of this section or as authorized in section

7419 of this title (relating to primary nonferrous smelter orders),

the Administrator may issue subpenas for the attendance and

testimony of witnesses and the production of relevant papers, books

and documents, and he may administer oaths. Except for emission

data, upon a showing satisfactory to the Administrator by such

owner or operator that such papers, books, documents, or

information or particular part thereof, if made public, would

divulge trade secrets or secret processes of such owner, or

operator, the Administrator shall consider such record, report, or

information or particular portion thereof confidential in

accordance with the purposes of section 1905 of title 18, except

that such paper, book, document, or information may be disclosed to

other officers, employees, or authorized representatives of the

United States concerned with carrying out this chapter, or when

relevant in any proceeding under this chapter. Witnesses summoned

shall be paid the same fees and mileage that are paid witnesses in

the courts of the United States. In cases of contumacy or refusal

to obey a subpena served upon any person under this subparagraph,

the district court of the United States for any district in which

such person is found or resides or transacts business, upon

application by the United States and after notice to such person,

shall have jurisdiction to issue an order requiring such person to

appear and give testimony before the Administrator, to appear and

produce papers, books, and documents before the Administrator, or

both, and any failure to obey such order of the court may be

punished by such court as a contempt thereof.

(d) Limitations on construction of section

Nothing in this section shall be construed to require or

authorize the Administrator, the States, or political subdivisions

thereof, to modify or withdraw any requirement imposed or proposed

to be imposed under this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 321, as added Pub. L.

95-95, title III, Sec. 311, Aug. 7, 1977, 91 Stat. 782.)

-MISC1-

EFFECTIVE DATE

Section 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.

STUDY OF POTENTIAL DISLOCATION OF EMPLOYEES

Section 403(e) of Pub. L. 95-95 provided that the Secretary of

Labor, in consultation with the Administrator, conduct a study of

potential dislocation of employees due to implementation of laws

administered by the Administrator and that the Secretary submit to

Congress the results of the study not more than one year after Aug.

7, 1977.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7419 of this title.

-End-

-CITE-

42 USC Sec. 7622 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7622. Employee protection

-STATUTE-

(a) Discharge or discrimination prohibited

No employer may discharge any employee or otherwise discriminate

against any employee with respect to his compensation, terms,

conditions, or privileges of employment because the employee (or

any person acting pursuant to a request of the employee) -

(1) commenced, caused to be commenced, or is about to commence

or cause to be commenced a proceeding under this chapter or a

proceeding for the administration or enforcement of any

requirement imposed under this chapter or under any applicable

implementation plan,

(2) testified or is about to testify in any such proceeding, or

(3) assisted or participated or is about to assist or

participate in any manner in such a proceeding or in any other

action to carry out the purposes of this chapter.

(b) Complaint charging unlawful discharge or discrimination;

investigation; order

(1) Any employee who believes that he has been discharged or

otherwise discriminated against by any person in violation of

subsection (a) of this section may, within thirty days after such

violation occurs, file (or have any person file on his behalf) a

complaint with the Secretary of Labor (hereinafter in this

subsection referred to as the "Secretary") alleging such discharge

or discrimination. Upon receipt of such a complaint, the Secretary

shall notify the person named in the complaint of the filing of the

complaint.

(2)(A) Upon receipt of a complaint filed under paragraph (1), the

Secretary shall conduct an investigation of the violation alleged

in the complaint. Within thirty days of the receipt of such

complaint, the Secretary shall complete such investigation and

shall notify in writing the complainant (and any person acting in

his behalf) and the person alleged to have committed such violation

of the results of the investigation conducted pursuant to this

subparagraph. Within ninety days of the receipt of such complaint

the Secretary shall, unless the proceeding on the complaint is

terminated by the Secretary on the basis of a settlement entered

into by the Secretary and the person alleged to have committed such

violation, issue an order either providing the relief prescribed by

subparagraph (B) or denying the complaint. An order of the

Secretary shall be made on the record after notice and opportunity

for public hearing. The Secretary may not enter into a settlement

terminating a proceeding on a complaint without the participation

and consent of the complainant.

(B) If, in response to a complaint filed under paragraph (1), the

Secretary determines that a violation of subsection (a) of this

section has occurred, the Secretary shall order the person who

committed such violation to (i) take affirmative action to abate

the violation, and (ii) reinstate the complainant to his former

position together with the compensation (including back pay),

terms, conditions, and privileges of his employment, and the

Secretary may order such person to provide compensatory damages to

the complainant. If an order is issued under this paragraph, the

Secretary, at the request of the complainant, shall assess against

the person against whom the order is issued a sum equal to the

aggregate amount of all costs and expenses (including attorneys'

and expert witness fees) reasonably incurred, as determined by the

Secretary, by the complainant for, or in connection with, the

bringing of the complaint upon which the order was issued.

(c) Review

(1) Any person adversely affected or aggrieved by an order issued

under subsection (b) of this section may obtain review of the order

in the United States court of appeals for the circuit in which the

violation, with respect to which the order was issued, allegedly

occurred. The petition for review must be filed within sixty days

from the issuance of the Secretary's order. Review shall conform to

chapter 7 of title 5. The commencement of proceedings under this

subparagraph shall not, unless ordered by the court, operate as a

stay of the Secretary's order.

(2) An order of the Secretary with respect to which review could

have been obtained under paragraph (1) shall not be subject to

judicial review in any criminal or other civil proceeding.

(d) Enforcement of order by Secretary

Whenever a person has failed to comply with an order issued under

subsection (b)(2) of this section, the Secretary may file a civil

action in the United States district court for the district in

which the violation was found to occur to enforce such order. In

actions brought under this subsection, the district courts shall

have jurisdiction to grant all appropriate relief including, but

not limited to, injunctive relief, compensatory, and exemplary

damages.

(e) Enforcement of order by person on whose behalf order was issued

(1) Any person on whose behalf an order was issued under

paragraph (2) of subsection (b) of this section may commence a

civil action against the person to whom such order was issued to

require compliance with such order. The appropriate United States

district court shall have jurisdiction, without regard to the

amount in controversy or the citizenship of the parties, to enforce

such order.

(2) The court, in issuing any final order under this subsection,

may award costs of litigation (including reasonable attorney and

expert witness fees) to any party whenever the court determines

such award is appropriate.

(f) Mandamus

Any nondiscretionary duty imposed by this section shall be

enforceable in a mandamus proceeding brought under section 1361 of

title 28.

(g) Deliberate violation by employee

Subsection (a) of this section shall not apply with respect to

any employee who, acting without direction from his employer (or

the employer's agent), deliberately causes a violation of any

requirement of this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 322, as added Pub. L.

95-95, title III, Sec. 312, Aug. 7, 1977, 91 Stat. 783.)

-MISC1-

EFFECTIVE DATE

Section 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.

-End-

-CITE-

42 USC Sec. 7623 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7623. Repealed. Pub. L. 96-300, Sec. 1(c), July 2, 1980, 94

Stat. 831

-MISC1-

Section, act July 14, 1955, ch. 360, title III, Sec. 323, as

added Aug. 7, 1977, Pub. L. 95-95, title III, Sec. 313, 91 Stat.

785; amended Nov. 16, 1977, Pub. L. 95-190, Sec. 14(a)(81), 91

Stat. 1404; S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980;

July 2, 1980, Pub. L. 96-300, Sec. 1(a), 94 Stat. 831, established

a National Commission on Air Quality, prescribed numerous subjects

for study and report to Congress, enumerated specific questions for

study and investigation, required specific identification of loss

or irretrievable commitment of resources, and provided for

appointment and confirmation of its membership, cooperation of

Federal executive agencies, submission of a National Academy of

Sciences study to Congress, compensation and travel expenses,

termination of Commission, appointment and compensation of staff,

and public participation.

EFFECTIVE DATE OF REPEAL

Section 1(c) of Pub. L. 96-300 provided that this section is

repealed on date on which National Commission on Air Quality ceases

to exist pursuant to provisions of former subsec. (g) of this

section, which provided that not later than Mar. 1, 1981, a report

be submitted containing results of all Commission studies and

investigations and that Commission cease to exist on Mar. 1, 1981,

if report is not submitted on Mar. 1, 1981, or Commission would

cease to exist on such date, but not later than May 1, 1981, as

determined and ordered by Commission if report is submitted on Mar.

1, 1981.

NATIONAL COMMISSION ON AIR QUALITY; EXTENSION PROHIBITION

Section 1(d) of Pub. L. 96-300 provided that nothing in any other

authority of law shall be construed to authorize or permit the

extension of the National Commission on Air Quality pursuant to any

Executive order or other Executive or agency action.

-End-

-CITE-

42 USC Sec. 7624 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7624. Cost of vapor recovery equipment

-STATUTE-

(a) Costs to be borne by owner of retail outlet

The regulations under this chapter applicable to vapor recovery

with respect to mobile source fuels at retail outlets of such fuels

shall provide that the cost of procurement and installation of such

vapor recovery shall be borne by the owner of such outlet (as

determined under such regulations). Except as provided in

subsection (b) of this section, such regulations shall provide that

no lease of a retail outlet by the owner thereof which is entered

into or renewed after August 7, 1977, may provide for a payment by

the lessee of the cost of procurement and installation of vapor

recovery equipment. Such regulations shall also provide that the

cost of procurement and installation of vapor recovery equipment

may be recovered by the owner of such outlet by means of price

increases in the cost of any product sold by such owner,

notwithstanding any provision of law.

(b) Payment by lessee

The regulations of the Administrator referred to in subsection

(a) of this section shall permit a lease of a retail outlet to

provide for payment by the lessee of the cost of procurement and

installation of vapor recovery equipment over a reasonable period

(as determined in accordance with such regulations), if the owner

of such outlet does not sell, trade in, or otherwise dispense any

product at wholesale or retail at such outlet.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 323, formerly Sec. 324, as

added Pub. L. 95-95, title III, Sec. 314(a), Aug. 7, 1977, 91 Stat.

788; amended Pub. L. 95-190, Sec. 14(a)(82), Nov. 16, 1977, 91

Stat. 1404; renumbered Sec. 323 and amended Pub. L. 96-300, Sec.

1(b), (c), July 2, 1980, 94 Stat. 831.)

-MISC1-

PRIOR PROVISIONS

A prior section 323 of act July 14, 1955, was classified to

section 7623 of this title prior to repeal by Pub. L. 96-300, Sec.

1(c), July 2, 1980, 94 Stat. 831.

AMENDMENTS

1980 - Pub. L. 96-300, Sec. 1(b), which directed that last

sentence of this section be struck out was probably intended to

strike sentence purportedly added by Pub. L. 95-190. See 1977

Amendment note below and section 7623(i) of this title.

1977 - Pub. L. 95-190 which purported to amend subsec. (j) of

this section by inserting "The Commission may appoint and fix the

pay of such staff as it deems necessary." after "(j)" was not

executed to this section because it did not contain a subsec. (j).

See 1980 Amendment note above.

EFFECTIVE DATE

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7413, 7625a of this

title.

-End-

-CITE-

42 USC Sec. 7625 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7625. Vapor recovery for small business marketers of petroleum

products

-STATUTE-

(a) Marketers of gasoline

The regulations under this chapter applicable to vapor recovery

from fueling of motor vehicles at retail outlets of gasoline shall

not apply to any outlet owned by an independent small business

marketer of gasoline having monthly sales of less than 50,000

gallons. In the case of any other outlet owned by an independent

small business marketer, such regulations shall provide, with

respect to independent small business marketers of gasoline, for a

three-year phase-in period for the installation of such vapor

recovery equipment at such outlets under which such marketers shall

have -

(1) 33 percent of such outlets in compliance at the end of the

first year during which such regulations apply to such marketers,

(2) 66 percent at the end of such second year, and

(3) 100 percent at the end of the third year.

(b) State requirements

Nothing in subsection (a) of this section shall be construed to

prohibit any State from adopting or enforcing, with respect to

independent small business marketers of gasoline having monthly

sales of less than 50,000 gallons, any vapor recovery requirements

for mobile source fuels at retail outlets. Any vapor recovery

requirement which is adopted by a State and submitted to the

Administrator as part of its implementation plan may be approved

and enforced by the Administrator as part of the applicable

implementation plan for that State.

(c) Refiners

For purposes of this section, an independent small business

marketer of gasoline is a person engaged in the marketing of

gasoline who would be required to pay for procurement and

installation of vapor recovery equipment under section 7624 of this

title or under regulations of the Administrator, unless such person

-

(1)(A) is a refiner, or

(B) controls, is controlled by, or is under common control

with, a refiner,

(C) is otherwise directly or indirectly affiliated (as

determined under the regulations of the Administrator) with a

refiner or with a person who controls, is controlled by, or is

under a common control with a refiner (unless the sole

affiliation referred to herein is by means of a supply contract

or an agreement or contract to use a trademark, trade name,

service mark, or other identifying symbol or name owned by such

refiner or any such person), or

(2) receives less than 50 percent of his annual income from

refining or marketing of gasoline.

For the purpose of this section, the term "refiner" shall not

include any refiner whose total refinery capacity (including the

refinery capacity of any person who controls, is controlled by, or

is under common control with, such refiner) does not exceed 65,000

barrels per day. For purposes of this section, "control" of a

corporation means ownership of more than 50 percent of its stock.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 324, formerly Sec. 325, as

added Pub. L. 95-95, title III, Sec. 314(b), Aug. 7, 1977, 91 Stat.

789; renumbered Sec. 324, Pub. L. 96-300, Sec. 1(c), July 2, 1980,

94 Stat. 831.)

-MISC1-

PRIOR PROVISIONS

A prior section 324 of act July 14, 1955, was renumbered section

323 by Pub. L. 96-300 and is classified to section 7624 of this

title.

EFFECTIVE DATE

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7511a of this title.

-End-

-CITE-

42 USC Sec. 7625-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7625-1. Exemptions for certain territories

-STATUTE-

(a)(1) Upon petition by the governor (!1) of Guam, American

Samoa, the Virgin Islands, or the Commonwealth of the Northern

Mariana Islands, the Administrator is authorized to exempt any

person or source or class of persons or sources in such territory

from any requirement under this chapter other than section 7412 of

this title or any requirement under section 7410 of this title or

part D of subchapter I of this chapter necessary to attain or

maintain a national primary ambient air quality standard. Such

exemption may be granted if the Administrator finds that compliance

with such requirement is not feasible or is unreasonable due to

unique geographical, meteorological, or economic factors of such

territory, or such other local factors as the Administrator deems

significant. Any such petition shall be considered in accordance

with section 7607(d) of this title and any exemption under this

subsection shall be considered final action by the Administrator

for the purposes of section 7607(b) of this title.

(2) The Administrator shall promptly notify the Committees on

Energy and Commerce and on Natural Resources of the House of

Representatives and the Committees on Environment and Public Works

and on Energy and Natural Resources of the Senate upon receipt of

any petition under this subsection and of the approval or rejection

of such petition and the basis for such action.

(b) Notwithstanding any other provision of this chapter, any

fossil fuel fired steam electric power plant operating within Guam

as of December 8, 1983, is hereby exempted from:

(1) any requirement of the new source performance standards

relating to sulfur dioxide promulgated under section 7411 of this

title as of December 8, 1983; and

(2) any regulation relating to sulfur dioxide standards or

limitations contained in a State implementation plan approved

under section 7410 of this title as of December 8, 1983:

Provided, That such exemption shall expire eighteen months after

December 8, 1983, unless the Administrator determines that such

plant is making all emissions reductions practicable to prevent

exceedances of the national ambient air quality standards for

sulfur dioxide.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 325, as added Pub. L.

98-213, Sec. 11, Dec. 8, 1983, 97 Stat. 1461; amended Pub. L.

101-549, title VIII, Sec. 806, Nov. 15, 1990, 104 Stat. 2689; Pub.

L. 103-437, Sec. 15(s), Nov. 2, 1994, 108 Stat. 4594.)

-MISC1-

PRIOR PROVISIONS

A prior section 325 of act July 14, 1955, was renumbered section

326 by Pub. L. 98-213 and is classified to section 7625a of this

title.

Another prior section 325 of act July 14, 1955, was renumbered

section 324 by Pub. L. 96-300 and is classified to section 7625 of

this title.

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

1990 - Subsec. (a)(1). Pub. L. 101-549, which directed the

insertion of "the Virgin Islands," after "American Samoa," in

"[s]ection 324(a)(1) of the Clean Air Act (42 U.S.C.

7625-1(a)(1))", was executed by making the insertion in subsec.

(a)(1) of this section to reflect the probable intent of Congress.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives and Committee on Natural Resources of House of

Representatives treated as referring to Committee on Resources of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress. Committee

on Commerce of House of Representatives changed to Committee on

Energy and Commerce of House of Representatives, and jurisdiction

over matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7545 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 7625a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7625a. Statutory construction

-STATUTE-

The parenthetical cross references in any provision of this

chapter to other provisions of the chapter, or other provisions of

law, where the words "relating to" or "pertaining to" are used, are

made only for convenience, and shall be given no legal effect.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 326, as added Pub. L.

95-190, Sec. 14(a)(84), Nov. 16, 1977, 91 Stat. 1404; renumbered

Sec. 325, Pub. L. 96-300, Sec. 1(c), July 2, 1980, 94 Stat. 831;

renumbered Sec. 326, Pub. L. 98-213, Sec. 11, Dec. 8, 1983, 97

Stat. 1461.)

-MISC1-

PRIOR PROVISIONS

A prior section 326 of act July 14, 1955, was renumbered section

327 by Pub. L. 98-213 and is classified to section 7626 of this

title.

-End-

-CITE-

42 USC Sec. 7626 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7626. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this chapter

such sums as may be necessary for the 7 fiscal years commencing

after November 15, 1990.

(b) Grants for planning

There are authorized to be appropriated (1) not more than

$50,000,000 to carry out section 7505 of this title beginning in

fiscal year 1991, to be available until expended, to develop plan

revisions required by subpart 2, 3, or 4 of part D of subchapter I

of this chapter, and (2) not more than $15,000,000 for each of the

7 fiscal years commencing after November 15, 1990, to make grants

to the States to prepare implementation plans as required by

subpart 2, 3, or 4 of part D of subchapter I of this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 327, formerly Sec. 325, as

added Pub. L. 95-95, title III, Sec. 315, Aug. 7, 1977, 91 Stat.

790; renumbered Sec. 327 and amended Pub. L. 95-190, Sec.

14(a)(83), Nov. 16, 1977, 91 Stat. 1404; renumbered Sec. 326, Pub.

L. 96-300, Sec. 1(c), July 2, 1980, 94 Stat. 831; renumbered Sec.

327, Pub. L. 98-213, Sec. 11, Dec. 8, 1983, 97 Stat. 1461; Pub. L.

101-549, title VIII, Sec. 822, Nov. 15, 1990, 104 Stat. 2699.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 1857l of this title, act July 14, 1955, ch. 360, title III,

Sec. 316, formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206,

Sec. 1, 77 Stat. 401; renumbered Sec. 306 and amended Oct. 20,

1965, Pub. L. 89-272, title I, Sec. 101(4), (6), (7), 79 Stat. 992;

Oct. 15, 1966, Pub. L. 89-675, Sec. 2(a), 80 Stat. 954; renumbered

Sec. 309 and amended Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81

Stat. 506; renumbered Sec. 316 and amended Dec. 31, 1970, Pub. L.

91-604, Secs. 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub.

L. 93-15, Sec. 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93-319,

Sec. 13(c), 88 Stat. 265, prior to repeal by section 306 of Pub. L.

95-95.

AMENDMENTS

1990 - Pub. L. 101-549 amended section generally, substituting

present provisions for provisions authorizing specific

appropriations for certain programs and periods and appropriations

of $200,000,000 for fiscal years 1978 through 1981 to carry out the

other programs under this chapter.

1977 - Subsec. (b)(4). Pub. L. 95-190 substituted "section

7403(a)(5)" for "section 7403(b)(5)".

EFFECTIVE DATE

Section 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.

-End-

-CITE-

42 USC Sec. 7627 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 7627. Air pollution from Outer Continental Shelf activities

-STATUTE-

(a) Applicable requirements for certain areas

(1) In general

Not later than 12 months after November 15, 1990, following

consultation with the Secretary of the Interior and the

Commandant of the United States Coast Guard, the Administrator,

by rule, shall establish requirements to control air pollution

from Outer Continental Shelf sources located offshore of the

States along the Pacific, Arctic and Atlantic Coasts, and along

the United States Gulf Coast off the State of Florida eastward of

longitude 87 degrees and 30 minutes ("OCS sources") to attain and

maintain Federal and State ambient air quality standards and to

comply with the provisions of part C of subchapter I of this

chapter. For such sources located within 25 miles of the seaward

boundary of such States, such requirements shall be the same as

would be applicable if the source were located in the

corresponding onshore area, and shall include, but not be limited

to, State and local requirements for emission controls, emission

limitations, offsets, permitting, monitoring, testing, and

reporting. New OCS sources shall comply with such requirements on

the date of promulgation and existing OCS sources shall comply on

the date 24 months thereafter. The Administrator shall update

such requirements as necessary to maintain consistency with

onshore regulations. The authority of this subsection shall

supersede section 5(a)(8) of the Outer Continental Shelf Lands

Act [43 U.S.C. 1334(a)(8)] but shall not repeal or modify any

other Federal, State, or local authorities with respect to air

quality. Each requirement established under this section shall be

treated, for purposes of sections 7413, 7414, 7416, 7420, and

7604 of this title, as a standard under section 7411 of this

title and a violation of any such requirement shall be considered

a violation of section 7411(e) of this title.

(2) Exemptions

The Administrator may exempt an OCS source from a specific

requirement in effect under regulations under this subsection if

the Administrator finds that compliance with a pollution control

technology requirement is technically infeasible or will cause an

unreasonable threat to health and safety. The Administrator shall

make written findings explaining the basis of any exemption

issued pursuant to this subsection and shall impose another

requirement equal to or as close in stringency to the original

requirement as possible. The Administrator shall ensure that any

increase in emissions due to the granting of an exemption is

offset by reductions in actual emissions, not otherwise required

by this chapter, from the same source or other sources in the

area or in the corresponding onshore area. The Administrator

shall establish procedures to provide for public notice and

comment on exemptions proposed pursuant to this subsection.

(3) State procedures

Each State adjacent to an OCS source included under this

subsection may promulgate and submit to the Administrator

regulations for implementing and enforcing the requirements of

this subsection. If the Administrator finds that the State

regulations are adequate, the Administrator shall delegate to

that State any authority the Administrator has under this chapter

to implement and enforce such requirements. Nothing in this

subsection shall prohibit the Administrator from enforcing any

requirement of this section.

(4) Definitions

For purposes of subsections (a) and (b) of this section -

(A) Outer Continental Shelf

The term "Outer Continental Shelf" has the meaning provided

by section 2 of the Outer Continental Shelf Lands Act (43

U.S.C. 1331).

(B) Corresponding onshore area

The term "corresponding onshore area" means, with respect to

any OCS source, the onshore attainment or nonattainment area

that is closest to the source, unless the Administrator

determines that another area with more stringent requirements

with respect to the control and abatement of air pollution may

reasonably be expected to be affected by such emissions. Such

determination shall be based on the potential for air

pollutants from the OCS source to reach the other onshore area

and the potential of such air pollutants to affect the efforts

of the other onshore area to attain or maintain any Federal or

State ambient air quality standard or to comply with the

provisions of part C of subchapter I of this chapter.

(C) Outer Continental Shelf source

The terms "Outer Continental Shelf source" and "OCS source"

include any equipment, activity, or facility which -

(i) emits or has the potential to emit any air pollutant,

(ii) is regulated or authorized under the Outer Continental

Shelf Lands Act [43 U.S.C. 1331 et seq.], and

(iii) is located on the Outer Continental Shelf or in or on

waters above the Outer Continental Shelf.

Such activities include, but are not limited to, platform and

drill ship exploration, construction, development, production,

processing, and transportation. For purposes of this

subsection, emissions from any vessel servicing or associated

with an OCS source, including emissions while at the OCS source

or en route to or from the OCS source within 25 miles of the

OCS source, shall be considered direct emissions from the OCS

source.

(D) New and existing OCS sources

The term "new OCS source" means an OCS source which is a new

source within the meaning of section 7411(a) of this title. The

term "existing OCS source" means any OCS source other than a

new OCS source.

(b) Requirements for other offshore areas

For portions of the United States Gulf Coast Outer Continental

Shelf that are adjacent to the States not covered by subsection (a)

of this section which are Texas, Louisiana, Mississippi, and

Alabama, the Secretary shall consult with the Administrator to

assure coordination of air pollution control regulation for Outer

Continental Shelf emissions and emissions in adjacent onshore

areas. Concurrently with this obligation, the Secretary shall

complete within 3 years of November 15, 1990, a research study

examining the impacts of emissions from Outer Continental Shelf

activities in such areas that fail to meet the national ambient air

quality standards for either ozone or nitrogen dioxide. Based on

the results of this study, the Secretary shall consult with the

Administrator and determine if any additional actions are

necessary. There are authorized to be appropriated such sums as may

be necessary to provide funding for the study required under this

section.

(c) Coastal waters

(1) The study report of section 7412(n) (!1) of this title shall

apply to the coastal waters of the United States to the same extent

and in the same manner as such requirements apply to the Great

Lakes, the Chesapeake Bay, and their tributary waters.

(2) The regulatory requirements of section 7412(n) (!1) of this

title shall apply to the coastal waters of the States which are

subject to subsection (a) of this section, to the same extent and

in the same manner as such requirements apply to the Great Lakes,

the Chesapeake Bay, and their tributary waters.

-SOURCE-

(July 14, 1955, ch. 360, title III, Sec. 328, as added Pub. L.

101-549, title VIII, Sec. 801, Nov. 15, 1990, 104 Stat. 2685.)

-REFTEXT-

REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to in subsec.

(a)(4)(C)(ii), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as

amended, which is classified generally to subchapter III (Sec. 1331

et seq.) of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1331 of Title 43 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7412 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "7412(m)".

-End-

-CITE-

42 USC SUBCHAPTER IV - NOISE POLLUTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - NOISE POLLUTION

-HEAD-

SUBCHAPTER IV - NOISE POLLUTION

-COD-

CODIFICATION

Another title IV of act July 14, 1955, as added by Pub. L.

101-549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2584, is

classified to subchapter IV-A (Sec. 7651 et seq.) of this chapter.

-End-

-CITE-

42 USC Sec. 7641 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - NOISE POLLUTION

-HEAD-

Sec. 7641. Noise abatement

-STATUTE-

(a) Office of Noise Abatement and Control

The Administrator shall establish within the Environmental

Protection Agency an Office of Noise Abatement and Control, and

shall carry out through such Office a full and complete

investigation and study of noise and its effect on the public

health and welfare in order to (1) identify and classify causes and

sources of noise, and (2) determine -

(A) effects at various levels;

(B) projected growth of noise levels in urban areas through the

year 2000;

(C) the psychological and physiological effect on humans;

(D) effects of sporadic extreme noise (such as jet noise near

airports) as compared with constant noise;

(E) effect on wildlife and property (including values);

(F) effect of sonic booms on property (including values); and

(G) such other matters as may be of interest in the public

welfare.

(b) Investigation techniques; report and recommendations

In conducting such investigation, the Administrator shall hold

public hearings, conduct research, experiments, demonstrations, and

studies. The Administrator shall report the results of such

investigation and study, together with his recommendations for

legislation or other action, to the President and the Congress not

later than one year after December 31, 1970.

(c) Abatement of noise from Federal activities

In any case where any Federal department or agency is carrying

out or sponsoring any activity resulting in noise which the

Administrator determines amounts to a public nuisance or is

otherwise objectionable, such department or agency shall consult

with the Administrator to determine possible means of abating such

noise.

-SOURCE-

(July 14, 1955, ch. 360, title IV, Sec. 402, as added Pub. L.

91-604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709.)

-COD-

CODIFICATION

Another section 402 of act July 14, 1955, as added by Pub. L.

101-549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2585, is

classified to section 7651a of this title.

Section was formerly classified to section 1858 of this title.

-End-

-CITE-

42 USC Sec. 7642 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV - NOISE POLLUTION

-HEAD-

Sec. 7642. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such amount, not to exceed

$30,000,000, as may be necessary for the purposes of this

subchapter.

-SOURCE-

(July 14, 1955, ch. 360, title IV, Sec. 403, as added Pub. L.

91-604, Sec. 14, Dec. 31, 1970, 84 Stat. 1710.)

-COD-

CODIFICATION

Another section 403 of act July 14, 1955, as added by Pub. L.

101-549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2589, is

classified to section 7651b of this title.

Section was formerly classified to section 1858a of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV-A - ACID DEPOSITION CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV09A - ACID DEPOSITION CONTROL

-HEAD-

SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-COD-

CODIFICATION

Another title IV of act July 14, 1955, as added by Pub. L.

91-604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is classified

principally to subchapter IV (Sec. 7641 et seq.) of this chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7403, 7413, 7420,

7429, 7513b, 7607, 7661, 7661a, 7661c, 7661e, 7661f of this title.

-End-

-CITE-

42 USC Sec. 7651 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER IV09A - ACID DEPOSITION CONTROL

-HEAD-

Sec. 7651. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) the presence of acidic compounds and their precursors in

the atmosphere and in deposition from the atmosphere represents a

threat to natural resources, ecosystems, materials, visibility,

and public health;

(2) the principal sources of the acidic compounds and their

precursors in the atmosphere are emissions of sulfur and nitrogen

oxides from the combustion of fossil fuels;

(3) the problem of acid deposition is of national and

international significance;

(4) strategies and technologies for the control of precursors

to acid deposition exist now that are economically feasible, and

improved methods are expected to become increasingly available

over the next decade;

(5) current and future generations of Americans will be

adversely affected by delaying measures to remedy the problem;

(6) reduction of total atmospheric loading of sulfur dioxide

and nitrogen oxides will enhance protection of the public health

and welfare and the environment; and

(7) control measures to reduce precursor emissions from

steam-electric generating units should be initiated without

delay.

(b) Purposes

The purpose of this subchapter is to reduce the adverse effects

of acid deposition through reductions in annual emissions of sulfur

dioxide of ten million tons from 1980 emission levels, and, in

combination with other provisions of this chapter, of nitrogen

oxides emissions of approximately two million tons from 1980

emission levels, in the forty-eight contiguous States and the

District of Columbia. It is the intent of this subchapter to

effectuate such reductions by requiring compliance by affected

sources with prescribed emission limitations by specified

deadlines, which limitations may be met through alternative methods

of compliance provided by an emission allocation and transfer

system. It is also the purpose of this subchapter to encourage

energy conservation, use of renewable and clean alternative

technologies, and pollution prevention as a long-range strategy,

consistent with the provisions of this subchapter, for reducing air

pollution and other adverse impacts of energy production and use.

-SOURCE-

(July 14, 1955, ch. 360, title IV, Sec. 401, as added Pub. L.

101-549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2584.)

-COD-

CODIFICATION

Another section 401 of act July 14, 1955, as added by Pub. L.

91-604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is set out as a

Short Title note under section 7401 of this title.

-MISC1-

ACID DEPOSITION STANDARDS

Section 404 of Pub. L. 101-549 directed Administrator of

Environmental Protection Agency, not later than 36 months after

Nov. 15, 1990, to transmit to Congress a report on the feasibility

and effectiveness of an acid deposition standard or standards to

protect sensitive and critically sensitive aquatic and terrestrial

resources.

INDUSTRIAL SOG52 EMISSIONS

Section 406 of Pub. L. 101-549 provided that:

"(a) Report. - Not later than January 1, 1995 and every 5 years

thereafter, the Administrator of the Environmental Protection

Agency shall transmit to the Congress a report containing an

inventory of national annual sulfur dioxide emissions from

industrial sources (as defined in title IV of the Act [42 U.S.C.

7651 et seq.]), including units subject to section 405(g)(6) of the

Clean Air Act [42 U.S.C. 7651d(g)(6)], for all years for which data

are available, as well as the likely trend in such emissions over

the following twenty-year period. The reports shall also contain

estimates of the actual emission reduction in each year resulting

from promulgation of the diesel fuel desulfurization regulations

under section 214 [42 U.S.C. 7548].

"(b) 5.60 Million Ton Cap. - Whenever the inventory required by

this section indicates that sulfur dioxide emissions from

industrial sources, including units subject to section 405(g)(5) of

the Clean Air Act [42 U.S.C. 7651d(g)(5)], may reasonably be

expected to reach levels greater than 5.60 million tons per year,

the Administrator of the Environmental Protection Agency shall take

such actions under the Clean Air Act [42 U.S.C. 7401 et seq.] as

may be appropriate to ensure that such emissions do not exceed 5.60

million tons per year. Such actions may include the promulgation of

new and revised standards of performance for new sources, including

units subject to section 405(g)(5) of the Clean Air Act, under

section 111(b) of the Clean Air Act [42 U.S.C. 7411(b)], as well as

promulgation of standards of performance for existing sources,

including units subject to section 405(g)(5) of the Clean Air Act,

under authority of this section. For an existing source regulated

under this section, 'standard of performance' means a standard

which the Administrator determines is applicable to that source and

which reflects the degree of emission reduction achievable through

the application of the best system of continuous emission reduction

which (taking into consideration the cost of achieving such

emission reduction, and any nonair quality health and environmental

impact and energy requirements) the Administrator determines has

been adequately demonstrated for that category of sources.

"(c) Election. - Regulations promulgated under section 405(b) of

the Clean Air Act [42 U.S.C. 7651d(b)] shall not prohibit a source

from electing to become an affected unit under section 410 of the

Clean Air Act [42 U.S.C. 7651i]."

[For termination, effective May 15, 2000, of reporting provisions

in section 406(a) of Pub. L. 101-549, set out above, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and the 10th item on page 162

of House Document No. 103-7.]

SENSE OF CONGRESS ON EMISSION REDUCTIONS COSTS

Section 407 of Pub. L. 101-549 provided that: "It is the sense of

the Congress that the Clean Air Act Amendments of 1990 [Pub. L.

101-549, see Tables for classification], through the allowance

program, allocates the costs of achieving the required reductions

in emissions of sulfur dioxide and oxides of nitrogen among sources

in the United States. Broad based taxes and emissions fees that

would provide for payment of the costs of achieving required

emissions reductions by any party or parties other than the sources

required to achieve the reductions are undesirable."

MONITORING OF ACID RAIN PROGRAM IN CANADA

Section 408 of Pub. L. 101-549 provided that:

"(a) Reports to Congress. - The Administrator of the

Environmental Protection Agency, in consultation with the Secretary

of State, the Secretary of Energy, and other persons the

Administrator deems appropriate, shall prepare and submit a report

to Congress on January 1, 1994, January 1, 1999, and January 1,

2005.

"(b) Contents. - The report to Congress shall analyze the current

emission levels of sulfur dioxide and nitrogen oxides in each of

the provinces participating in Canada's acid rain control program,

the amount of emission reductions of sulfur dioxide and oxides of

nitrogen achieved by each province, the methods utilized by each

province in making those reductions, the costs to each province and

the employment impacts in each province of making and maintaining

those reductions.

"(c) Compliance. - Beginning on January 1, 1999, the reports

shall also assess the degree to which each province is complying

with its stated emissions cap."

-End-