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

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-CITE-

42 USC CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

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CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

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SUBCHAPTER I - PROGRAMS AND ACTIVITIES

PART A - AIR QUALITY AND EMISSION LIMITATIONS

Sec.

7401. Congressional findings and declaration of purpose.

(a) Findings.

(b) Declaration.

7402. Cooperative activities.

(a) Interstate cooperation; uniform State laws;

State compacts.

(b) Federal cooperation.

7403. Research, investigation, training, and other

activities.

(a) Research and development program for prevention

and control of air pollution.

(b) Authorized activities of Administrator in

establishing research and development program.

and inventory research.

(d) Environmental health effects research.

(e) Ecosystem research.

(f) Liquified Gaseous Fuels Spill Test Facility.

(g) Pollution prevention and emissions control.

(h) NIEHS studies.

(i) Coordination of research.

(j) Continuation of national acid precipitation

assessment program.

(k) Air pollution conferences.

7404. Research relating to fuels and vehicles.

(a) Research programs; grants; contracts; pilot and

demonstration plants; byproducts research.

(b) Powers of Administrator in establishing

research and development programs.

7405. Grants for support of air pollution planning and

control programs.

(a) Amounts; limitations; assurances of plan

development capability.

(b) Terms and conditions; regulations; factors for

consideration; State expenditure limitations.

(d) Reduction of payments; availability of reduced

amounts; reduced amount as deemed paid to

agency for purpose of determining amount of

grant.

(e) Notice and opportunity for hearing when

affected by adverse action.

7406. Interstate air quality agencies; program cost

limitations.

7407. Air quality control regions.

(a) Responsibility of each State for air quality;

submission of implementation plan.

(b) Designated regions.

regions; notification of Governors of affected

States.

(d) Designations.

(e) Redesignation of air quality control regions.

7408. Air quality criteria and control techniques.

(a) Air pollutant list; publication and revision by

Administrator; issuance of air quality

criteria for air pollutants.

(b) Issuance by Administrator of information on air

pollution control techniques; standing

consulting committees for air pollutants;

establishment; membership.

criteria or information.

(d) Publication in Federal Register; availability

of copies for general public.

(e) Transportation planning and guidelines.

(f) Information regarding processes, procedures,

and methods to reduce or control pollutants in

transportation; reduction of mobile source

related pollutants; reduction of impact on

public health.

(g) Assessment of risks to ecosystems.

(h) RACT/BACT/LAER clearinghouse.

7409. National primary and secondary ambient air quality

standards.

(a) Promulgation.

(b) Protection of public health and welfare.

for nitrogen dioxide.

(d) Review and revision of criteria and standards;

independent scientific review committee;

appointment; advisory functions.

7410. State implementation plans for national primary and

secondary ambient air quality standards.

(a) Adoption of plan by State; submission to

Administrator; content of plan; revision; new

sources; indirect source review program;

supplemental or intermittent control systems.

(b) Extension of period for submission of plans.

proposed regulations setting forth

implementation plan; transportation

regulations study and report; parking

surcharge; suspension authority; plan

implementation.

(d), (e) Repealed.

(f) National or regional energy emergencies;

determination by President.

(g) Governor's authority to issue temporary

emergency suspensions.

(h) Publication of comprehensive document for each

State setting forth requirements of applicable

implementation plan.

(i) Modification of requirements prohibited.

(j) Technological systems of continuous emission

reduction on new or modified stationary

sources; compliance with performance

standards.

(k) Environmental Protection Agency action on plan

submissions.

(l) Plan revisions.

(m) Sanctions.

(n) Savings clauses.

(o) Indian tribes.

(p) Reports.

7411. Standards of performance for new stationary sources.

(a) Definitions.

(b) List of categories of stationary sources;

standards of performance; information on

pollution control techniques; sources owned or

operated by United States; particular systems;

revised standards.

standards of performance.

(d) Standards of performance for existing sources;

remaining useful life of source.

(e) Prohibited acts.

(f) New source standards of performance.

(g) Revision of regulations.

(h) Design, equipment, work practice, or

operational standard; alternative emission

limitation.

(i) Country elevators.

(j) Innovative technological systems of continuous

emission reduction.

7412. Hazardous air pollutants.

(a) Definitions.

(b) List of pollutants.

(d) Emission standards.

(e) Schedule for standards and review.

(f) Standard to protect health and environment.

(g) Modifications.

(h) Work practice standards and other requirements.

(i) Schedule for compliance.

(j) Equivalent emission limitation by permit.

(k) Area source program.

(l) State programs.

(m) Atmospheric deposition to Great Lakes and

coastal waters.

(n) Other provisions.

(o) National Academy of Sciences study.

(p) Mickey Leland National Urban Air Toxics

Research Center.

(q) Savings provision.

(r) Prevention of accidental releases.

(s) Periodic report.

7413. Federal enforcement.

(a) In general.

(b) Civil judicial enforcement.

(d) Administrative assessment of civil penalties.

(e) Penalty assessment criteria.

(f) Awards.

(g) Settlements; public participation.

(h) Operator.

7414. Recordkeeping, inspections, monitoring, and entry.

(a) Authority of Administrator or authorized

representative.

(b) State enforcement.

information to public; disclosure of trade

secrets.

(d) Notice of proposed entry, inspection, or

monitoring.

7415. International air pollution.

(a) Endangerment of public health or welfare in

foreign countries from pollution emitted in

United States.

(b) Prevention or elimination of endangerment.

(d) Recommendations.

7416. Retention of State authority.

7417. Advisory committees.

(a) Establishment; membership.

(b) Compensation.

7418. Control of pollution from Federal facilities.

(a) General compliance.

(b) Exemption.

(d) Vehicles operated on Federal installations.

7419. Primary nonferrous smelter orders.

(a) Issuance; hearing; enforcement orders;

statement of grounds for application;

findings.

(b) Prerequisites to issuance of orders.

(d) Interim measures; continuous emission reduction

technology.

(e) Termination of orders.

(f) Violation of requirements.

7420. Noncompliance penalty.

(a) Assessment and collection.

(b) Regulations.

penalty assessment or payment schedule.

(d) Payment.

(e) Judicial review.

(f) Other orders, payments, sanctions, or

requirements.

(g) More stringent emission limitations or other

requirements.

7421. Consultation.

7422. Listing of certain unregulated pollutants.

(a) Radioactive pollutants, cadmium, arsenic, and

polycyclic organic matter.

(b) Revision authority.

Commission; interagency agreement; notice and

hearing.

7423. Stack heights.

(a) Heights in excess of good engineering practice;

other dispersion techniques.

(b) Dispersion technique.

7424. Assurance of adequacy of State plans.

(a) State review of implementation plans which

relate to major fuel burning sources.

(b) Plan revision.

7425. Measures to prevent economic disruption or

unemployment.

(a) Determination that action is necessary.

(b) Use of locally or regionally available coal or

coal derivatives to comply with implementation

plan requirements.

(d) Existing or new major fuel burning stationary

sources.

(e) Actions not to be deemed modifications of major

fuel burning stationary sources.

(f) Treatment of prohibitions, rules, or orders as

requirements or parts of plans under other

provisions.

(g) Delegation of Presidential authority.

(h) "Locally or regionally available coal or coal

derivatives" defined.

7426. Interstate pollution abatement.

(a) Written notice to all nearby States.

(b) Petition for finding that major sources emit or

would emit prohibited air pollutants.

7427. Public notification.

(a) Warning signs; television, radio, or press

notices or information.

(b) Grants.

7428. State boards.

7429. Solid waste combustion.

(a) New source performance standards.

(b) Existing units.

(d) Operator training.

(e) Permits.

(f) Effective date and enforcement.

(g) Definitions.

(h) Other authority.

7430. Emission factors.

7431. Land use authority.

PART B - OZONE PROTECTION

7450 to 7459. Repealed.

PART C - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

SUBPART I - CLEAN AIR

7470. Congressional declaration of purpose.

7471. Plan requirements.

7472. Initial classifications.

(a) Areas designated as class I.

(b) Areas designated as class II.

7473. Increments and ceilings.

(a) Sulfur oxide and particulate matter;

requirement that maximum allowable increases

and maximum allowable concentrations not be

exceeded.

(b) Maximum allowable increases in concentrations

over baseline concentrations.

maximum allowable increases in ambient

concentrations of air pollutants.

7474. Area redesignation.

(a) Authority of States to redesignate areas.

(b) Notice and hearing; notice to Federal land

manager; written comments and recommendations;

regulations; disapproval of redesignation.

(d) Review of national monuments, primitive areas,

and national preserves.

(e) Resolution of disputes between State and Indian

tribes.

7475. Preconstruction requirements.

(a) Major emitting facilities on which construction

is commenced.

(b) Exception.

(d) Action taken on permit applications; notice;

adverse impact on air quality related values;

variance; emission limitations.

(e) Analysis; continuous air quality monitoring

data; regulations; model adjustments.

7476. Other pollutants.

(a) Hydrocarbons, carbon monoxide, petrochemical

oxidants, and nitrogen oxides.

(b) Effective date of regulations.

(d) Specific measures to fulfill goals and

purposes.

(e) Area classification plan not required.

(f) PM-10 increments.

7477. Enforcement.

7478. Period before plan approval.

(a) Existing regulations to remain in effect.

(b) Regulations deemed amended; construction

commenced after June 1, 1975.

7479. Definitions.

SUBPART II - VISIBILITY PROTECTION

7491. Visibility protection for Federal class I areas.

(a) Impairment of visibility; list of areas; study

and report.

(b) Regulations.

(d) Consultations with appropriate Federal land

managers.

(e) Buffer zones.

(f) Nondiscretionary duty.

(g) Definitions.

7492. Visibility.

(a) Studies.

(b) Impacts of other provisions.

and commissions.

(d) Duties of visibility transport commissions.

(e) Duties of Administrator.

(f) Grand Canyon visibility transport commission.

PART D - PLAN REQUIREMENTS FOR NONATTAINMENT AREAS

SUBPART 1 - NONATTAINMENT AREAS IN GENERAL

7501. Definitions.

7502. Nonattainment plan provisions in general.

(a) Classifications and attainment dates.

(b) Schedule for plan submissions.

(d) Plan revisions required in response to finding

of plan inadequacy.

(e) Future modification of standard.

7503. Permit requirements.

(a) In general.

(b) Prohibition on use of old growth allowances.

(d) Control technology information.

(e) Rocket engines or motors.

7504. Planning procedures.

(a) In general.

(b) Coordination.

7505. Environmental Protection Agency grants.

(a) Plan revision development costs.

(b) Uses of grant funds.

7505a. Maintenance plans.

(a) Plan revision.

(b) Subsequent plan revisions.

plan approval.

(d) Contingency provisions.

7506. Limitations on certain Federal assistance.

(a), (b) Repealed.

promulgated plans.

(d) Priority of achieving and maintaining national

primary ambient air quality standards.

7506a. Interstate transport commissions.

(a) Authority to establish interstate transport

regions.

(b) Transport commissions.

7507. New motor vehicle emission standards in nonattainment

areas.

7508. Guidance documents.

7509. Sanctions and consequences of failure to attain.

(a) State failure.

(b) Sanctions.

(d) Consequences for failure to attain.

7509a. International border areas.

(a) Implementation plans and revisions.

(b) Attainment of ozone levels.

(d) Attainment of PM-10 levels.

SUBPART 2 - ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS

7511. Classifications and attainment dates.

(a) Classification and attainment dates for 1989

nonattainment areas.

(b) New designations and reclassifications.

7511a. Plan submissions and requirements.

(a) Marginal Areas.

(b) Moderate Areas.

(d) Severe Areas.

(e) Extreme Areas.

(f) NOG5x requirements.

(g) Milestones.

(h) Rural transport areas.

(i) Reclassified areas.

(j) Multi-State ozone nonattainment areas.

7511b. Federal ozone measures.

(a) Control techniques guidelines for VOC sources.

(b) Existing and new CTGS.

(d) Guidance for evaluating cost-effectiveness.

(e) Control of emissions from certain sources.

(f) Tank vessel standards.

(g) Ozone design value study.

(h) Vehicles entering ozone nonattainment areas.

7511c. Control of interstate ozone air pollution.

(a) Ozone transport regions.

(b) Plan provisions for States in ozone transport

regions.

(d) Best available air quality monitoring and

modeling.

7511d. Enforcement for Severe and Extreme ozone nonattainment

areas for failure to attain.

(a) General rule.

(b) Computation of fee.

(d) Fee collection by Administrator.

(e) Exemptions for certain small areas.

7511e. Transitional areas.

7511f. NOG5x and VOC study.

SUBPART 3 - ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT

AREAS

7512. Classification and attainment dates.

(a) Classification by operation of law and

attainment dates for nonattainment areas.

(b) New designations and reclassifications.

7512a. Plan submissions and requirements.

(a) Moderate Areas.

(b) Serious Areas.

emissions of CO.

(d) CO milestone.

(e) Multi-State CO nonattainment areas.

(f) Reclassified areas.

(g) Failure of Serious Area to attain standard.

SUBPART 4 - ADDITIONAL PROVISIONS FOR PARTICULATE MATTER

NONATTAINMENT AREAS

7513. Classifications and attainment dates.

(a) Initial classifications.

(b) Reclassification as Serious.

(d) Extension of attainment date for Moderate

Areas.

(e) Extension of attainment date for Serious Areas.

(f) Waivers for certain areas.

7513a. Plan provisions and schedules for plan submissions.

(a) Moderate Areas.

(b) Serious Areas.

(d) Failure to attain.

(e) PM-10 precursors.

7513b. Issuance of RACM and BACM guidance.

SUBPART 5 - ADDITIONAL PROVISIONS FOR AREAS DESIGNATED

NONATTAINMENT FOR SULFUR OXIDES, NITROGEN DIOXIDE, OR LEAD

7514. Plan submission deadlines.

(a) Submission.

(b) States lacking fully approved State

implementation plans.

7514a. Attainment dates.

(a) Plans under section 7514(a).

(b) Plans under section 7514(b).

SUBPART 6 - SAVINGS PROVISIONS

7515. General savings clause.

SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES

PART A - MOTOR VEHICLE EMISSION AND FUEL STANDARDS

7521. Emission standards for new motor vehicles or new motor

vehicle engines.

(a) Authority of Administrator to prescribe by

regulation.

(b) Emissions of carbon monoxide, hydrocarbons, and

oxides of nitrogen; annual report to Congress;

waiver of emission standards; research

objectives.

Academy of Sciences; reports to Administrator

and Congress; availability of information.

(d) Useful life of vehicles.

(e) New power sources or propulsion systems.

(f) High altitude regulations.

(g) Light-duty trucks up to 6,000 lbs. GVWR and

light-duty vehicles; standards for model years

after 1993.

(h) Light-duty trucks of more than 6,000 lbs. GVWR;

standards for model years after 1995.

(i) Phase II study for certain light-duty vehicles

and light-duty trucks.

(j) Cold CO standard.

(k) Control of evaporative emissions.

(l) Mobile source-related air toxics.

(m) Emissions control diagnostics.

(f) Model years after 1990.

7522. Prohibited acts.

(a) Enumerated prohibitions.

(b) Exemptions; refusal to admit vehicle or engine

into United States; vehicles or engines

intended for export.

7523. Actions to restrain violations.

(a) Jurisdiction.

(b) Actions brought by or in name of United States;

subpenas.

7524. Civil penalties.

(a) Violations.

(b) Civil actions.

7525. Motor vehicle and motor vehicle engine compliance

testing and certification.

(a) Testing and issuance of certificate of

conformity.

(b) Testing procedures; hearing; judicial review;

additional evidence.

(d) Rules and regulations.

(e) Publication of test results.

(f) High altitude regulations.

(g) Nonconformance penalty.

(h) Review and revision of regulations.

7541. Compliance by vehicles and engines in actual use.

(a) Warranty; certification; payment of replacement

costs of parts, devices, or components

designed for emission control.

(b) Testing methods and procedures.

nonconformity; instructions for maintenance

and use; label or tag.

(d) Dealer costs borne by manufacturer.

(e) Cost statement.

(f) Inspection after sale to ultimate purchaser.

(g) Replacement and maintenance costs borne by

owner.

(h) Dealer certification.

(i) Warranty period.

7542. Information collection.

(a) Manufacturer's responsibility.

(b) Enforcement authority.

7543. State standards.

(a) Prohibition.

(b) Waiver.

(d) Control, regulation, or restrictions on

registered or licensed motor vehicles.

(e) Nonroad engines or vehicles.

7544. State grants.

7545. Regulation of fuels.

(a) Authority of Administrator to regulate.

(b) Registration requirement.

prohibition.

(d) Penalties and injunctions.

(e) Testing of fuels and fuel additives.

(f) New fuels and fuel additives.

(g) Misfueling.

(h) Reid vapor pressure requirements.

(i) Sulfur content requirements for diesel fuel.

(j) Lead substitute gasoline additives.

(k) Reformulated gasoline for conventional

vehicles.

(l) Detergents.

(m) Oxygenated fuels.

(n) Prohibition on leaded gasoline for highway use.

(o) Fuel and fuel additive importers and

importation.

7546. Repealed.

7547. Nonroad engines and vehicles.

(a) Emissions standards.

(b) Effective date.

(d) Enforcement.

7548. Study of particulate emissions from motor vehicles.

(a) Study and analysis.

(b) Report to Congress.

7549. High altitude performance adjustments.

(a) Instruction of the manufacturer.

(b) Regulations.

(d) State inspection and maintenance programs.

(e) High altitude testing.

7550. Definitions.

7551. Omitted.

7552. Motor vehicle compliance program fees.

(a) Fee collection.

(b) Special Treasury fund.

(d) Administrator's testing authority.

7553. Prohibition on production of engines requiring leaded

gasoline.

7554. Urban bus standards.

(a) Standards for model years after 1993.

(b) PM standard.

(d) Retrofit requirements.

(e) Procedures for administration and enforcement.

(f) Definitions.

PART B - AIRCRAFT EMISSION STANDARDS

7571. Establishment of standards.

(a) Study; proposed standards; hearings; issuance

of regulations.

(b) Effective date of regulations.

safety.

7572. Enforcement of standards.

(a) Regulations to insure compliance with

standards.

(b) Notice and appeal rights.

7573. State standards and controls.

7574. Definitions.

PART C - CLEAN FUEL VEHICLES

7581. Definitions.

7582. Requirements applicable to clean-fuel vehicles.

(a) Promulgation of standards.

(b) Other requirements.

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

(a) Exhaust standards for light-duty vehicles and

certain light-duty trucks.

(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.

than 6,000 lbs. GVWR.

(d) Flexible and dual-fuel vehicles.

(e) Replacement by CARB standards.

(f) Less stringent CARB standards.

(g) Not applicable to heavy-duty vehicles.

7584. Administration and enforcement as per California

standards.

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

above 8,500 up to 26,000 lbs).

(a) Model years after 1997; combined NOG5x and

NMHC standard.

(b) Revised standards that are less stringent.

7586. Centrally fueled fleets.

(a) Fleet program required for certain

nonattainment areas.

(b) Phase-in of requirements.

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

(d) Choice of vehicles and fuel.

(e) Availability of clean alternative fuel.

(f) Credits.

(g) Availability to public.

(h) Transportation control measures.

7587. Vehicle conversions.

(a) Conversion of existing and new conventional

vehicles to clean-fuel vehicles.

(b) Regulations.

(d) Tampering.

(e) Safety.

7588. Federal agency fleets.

(a) Additional provisions applicable.

(b) Cost of vehicles to Federal agency.

(d) Vehicle costs.

(e) Exemptions.

(f) Acquisition requirement.

(g) Authorization of appropriations.

7589. California pilot test program.

(a) Establishment.

(b) Applicability.

(d) Credits for motor vehicle manufacturers.

(e) Program evaluation.

(f) Voluntary opt-in for other States.

7590. General provisions.

(a) State refueling facilities.

(b) No production mandate.

(d) Consultation with Department of Energy and

Department of Transportation.

SUBCHAPTER III - GENERAL PROVISIONS

7601. Administration.

(a) Regulations; delegation of powers and duties;

regional officers and employees.

(b) Detail of Environmental Protection Agency

personnel to air pollution control agencies.

or reimbursements.

(d) Tribal authority.

7602. Definitions.

7603. Emergency powers.

7604. Citizen suits.

(a) Authority to bring civil action; jurisdiction.

(b) Notice.

of complaint; consent judgment.

(d) Award of costs; security.

(e) Nonrestriction of other rights.

(f) "Emission standard or limitation under this

chapter" defined.

(g) Penalty fund.

7605. Representation in litigation.

(a) Attorney General; attorneys appointed by

Administrator.

(b) Memorandum of understanding regarding legal

representation.

7606. Federal procurement.

(a) Contracts with violators prohibited.

(b) Notification procedures.

(d) Exemptions; notification to Congress.

7607. Administrative proceedings and judicial review.

(a) Administrative subpenas; confidentiality;

witnesses.

(b) Judicial review.

(d) Rulemaking.

(e) Other methods of judicial review not

authorized.

(f) Costs.

(g) Stay, injunction, or similar relief in

proceedings relating to noncompliance

penalties.

(h) Public participation.

7608. Mandatory licensing.

7609. Policy review.

(a) Environmental impact.

(b) Unsatisfactory legislation, action, or

regulation.

7610. Other authority.

(a) Authority and responsibilities under other laws

not affected.

(b) Nonduplication of appropriations.

7611. Records and audit.

(a) Recipients of assistance to keep prescribed

records.

(b) Audits.

7612. Economic impact analyses.

(a) Cost-benefit analysis.

(b) Benefits.

(d) Initial report.

(e) Omitted.

(f) Appointment of Advisory Council on Clean Air

Compliance Analysis.

(g) Duties of Advisory Council.

7613. Repealed.

7614. Labor standards.

7615. Separability.

7616. Sewage treatment grants.

(a) Construction.

(b) Withholding, conditioning, or restriction of

construction grants.

7617. Economic impact assessment.

(a) Notice of proposed rulemaking; substantial

revisions.

(b) Preparation of assessment by Administrator.

(d) Extensiveness of assessment.

(e) Limitations on construction of section.

(f) Citizen suits.

(g) Costs.

7618. Repealed.

7619. Air quality monitoring.

7620. Standardized air quality modeling.

(a) Conferences.

(b) Conferees.

(d) Promulgation and revision of regulations

relating to air quality modeling.

7621. Employment effects.

(a) Continuous evaluation of potential loss or

shifts of employment.

(b) Request for investigation; hearings; record;

report.

penalty.

(d) Limitations on construction of section.

7622. Employee protection.

(a) Discharge or discrimination prohibited.

(b) Complaint charging unlawful discharge or

discrimination; investigation; order.

(d) Enforcement of order by Secretary.

(e) Enforcement of order by person on whose behalf

order was issued.

(f) Mandamus.

(g) Deliberate violation by employee.

7623. Repealed.

7624. Cost of vapor recovery equipment.

(a) Costs to be borne by owner of retail outlet.

(b) Payment by lessee.

7625. Vapor recovery for small business marketers of

petroleum products.

(a) Marketers of gasoline.

(b) State requirements.

7625-1. Exemptions for certain territories.

7625a. Statutory construction.

7626. Authorization of appropriations.

(a) In general.

(b) Grants for planning.

7627. Air pollution from Outer Continental Shelf activities.

(a) Applicable requirements for certain areas.

(b) Requirements for other offshore areas.

SUBCHAPTER IV - NOISE POLLUTION

7641. Noise abatement.

(a) Office of Noise Abatement and Control.

(b) Investigation techniques; report and

recommendations.

7642. Authorization of appropriations.

SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

7651. Findings and purposes.

(a) Findings.

(b) Purposes.

7651a. Definitions.

7651b. Sulfur dioxide allowance program for existing and new

units.

(a) Allocations of annual allowances for existing

and new units.

(b) Allowance transfer system.

(d) Allowance tracking system.

(e) New utility units.

(f) Nature of allowances.

(g) Prohibition.

(h) Competitive bidding for power supply.

(i) Applicability of antitrust laws.

(j) Public Utility Holding Company Act.

7651c. Phase I sulfur dioxide requirements.

(a) Emission limitations.

(b) Substitutions.

proposals.

(d) Eligible phase I extension units.

(e) Allocation of allowances.

(f) Energy conservation and renewable energy.

(g) Conservation and renewable energy reserve.

(h) Alternative allowance allocation for units in

certain utility systems with optional

baseline.

7651d. Phase II sulfur dioxide requirements.

(a) Applicability.

(b) Units equal to, or above, 75 MWe and 1.20

lbs/mmBtu.

1.20 lbs/mmBtu.

(d) Coal-fired units below 1.20 lbs/mmBtu.

(e) Oil and gas-fired units equal to or greater

than 0.60 lbs/mmBtu and less than 1.20

lbs/mmBtu.

(f) Oil and gas-fired units less than 0.60

lbs/mmBtu.

(g) Units that commence operation between 1986 and

December 31, 1995.

(h) Oil and gas-fired units less than 10 percent

oil consumed.

(i) Units in high growth States.

(j) Certain municipally owned power plants.

7651e. Allowances for States with emissions rates at or below

0.80 lbs/mmBtu.

(a) Election of Governor.

(b) Notification of Administrator.

7651f. Nitrogen oxides emission reduction program.

(a) Applicability.

(b) Emission limitations.

(d) Alternative emission limitations.

(e) Emissions averaging.

7651g. Permits and compliance plans.

(a) Permit program.

(b) Compliance plan.

(d) Second phase permits.

(e) New units.

(f) Units subject to certain other limits.

(g) Amendment of application and compliance plan.

(h) Prohibition.

(i) Multiple owners.

7651h. Repowered sources.

(a) Availability.

(b) Extension.

(d) Control requirements.

(e) Expedited permitting.

(f) Prohibition.

7651i. Election for additional sources.

(a) Applicability.

(b) Establishment of baseline.

(d) Process sources.

(e) Allowances and permits.

(f) Limitation.

(g) Implementation.

(h) Small diesel refineries.

7651j. Excess emissions penalty.

(a) Excess emissions penalty.

(b) Excess emissions offset.

(d) Prohibition.

(e) Savings provision.

7651k. Monitoring, reporting, and recordkeeping requirements.

(a) Applicability.

(b) First phase requirements.

(d) Unavailability of emissions data.

(e) Prohibition.

7651l. General compliance with other provisions.

7651m. Enforcement.

7651n. Clean coal technology regulatory incentives.

(a) "Clean coal technology" defined.

(b) Revised regulations for clean coal technology

demonstrations.

7651o. Contingency guarantee, auctions, reserve.

(a) Definitions.

(b) Special reserve of allowances.

(d) Auction sales.

(e) Changes in sales, auctions, and withholding.

(f) Termination of auctions.

SUBCHAPTER V - PERMITS

7661. Definitions.

7661a. Permit programs.

(a) Violations.

(b) Regulations.

(d) Submission and approval.

(e) Suspension.

(f) Prohibition.

(g) Interim approval.

(h) Effective date.

(i) Administration and enforcement.

7661b. Permit applications.

(a) Applicable date.

(b) Compliance plan.

(d) Timely and complete applications.

(e) Copies; availability.

7661c. Permit requirements and conditions.

(a) Conditions.

(b) Monitoring and analysis.

and reporting.

(d) General permits.

(e) Temporary sources.

(f) Permit shield.

7661d. Notification to administrator and contiguous States.

(a) Transmission and notice.

(b) Objection by EPA.

(d) Waiver of notification requirements.

(e) Refusal of permitting authority to terminate,

modify, or revoke and reissue.

7661e. Other authorities.

(a) In general.

(b) Permits implementing acid rain provisions.

7661f. Small business stationary source technical and

environmental compliance assistance program.

(a) Plan revisions.

(b) Program.

(d) Monitoring.

(e) Compliance Advisory Panel.

(f) Fees.

(g) Continuous emission monitors.

(h) Control technique guidelines.

SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

7671. Definitions.

7671a. Listing of class I and class II substances.

(a) List of class I substances.

(b) List of class II substances.

(d) New listed substances.

(e) Ozone-depletion and global warming potential.

7671b. Monitoring and reporting requirements.

(a) Regulations.

(b) Production, import, and export level reports.

(d) Monitoring and reports to Congress.

(e) Technology status report in 2015.

(f) Emergency report.

7671c. Phase-out of production and consumption of class I

substances.

(a) Production phase-out.

(b) Termination of production of class I

substances.

consumption of class I substances.

(d) Exceptions for essential uses of methyl

chloroform, medical devices, and aviation

safety.

(e) Developing countries.

(f) National security.

(g) Fire suppression and explosion prevention.

(h) Methyl bromide.

7671d. Phase-out of production and consumption of class II

substances.

(a) Restriction of use of class II substances.

(b) Production phase-out.

consumption of class II substances.

(d) Exceptions.

7671e. Accelerated schedule.

(a) In general.

(b) Petition.

7671f. Exchange authority.

(a) Transfers.

(b) Interpollutant transfers.

(d) Consumption.

7671g. National recycling and emission reduction program.

(a) In general.

(b) Safe disposal.

7671h. Servicing of motor vehicle air conditioners.

(a) Regulations.

(b) Definitions.

(d) Certification.

(e) Small containers of class I or class II

substances.

7671i. Nonessential products containing chlorofluorocarbons.

(a) Regulations.

(b) Nonessential products.

(d) Other products.

(e) Medical devices.

7671j. Labeling.

(a) Regulations.

(b) Containers containing class I or class II

substances and products containing class I

substances.

(d) Products manufactured with class I and class II

substances.

(e) Petitions.

(f) Relationship to other law.

7671k. Safe alternatives policy.

(a) Policy.

(b) Reviews and reports.

(d) Right to petition.

(e) Studies and notification.

7671l. Federal procurement.

7671m. Relationship to other laws.

(a) State laws.

(b) Montreal Protocol.

7671n. Authority of Administrator.

7671o. Transfers among Parties to Montreal Protocol.

(a) In general.

(b) Effect of transfers on production limits.

(d) "Applicable domestic law" defined.

7671p. International cooperation.

(a) In general.

(b) Assistance to developing countries.

7671q. Miscellaneous provisions.

-COD-

CODIFICATION

Act July 14, 1955, ch. 360, 69 Stat. 322, as amended, known as

the Clean Air Act, which was formerly classified to chapter 15B

(Sec. 1857 et seq.) of this title, was completely revised by Pub.

L. 95-95, Aug. 7, 1977, 91 Stat. 685, and was reclassified to this

chapter.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2022, 4363a, 4365, 4905,

6901, 6905, 6907, 6949, 7273, 8302, 8402, 8411, 9621, 13257, 13260,

13369 of this title; title 7 section 7719; title 10 section 2704;

title 15 sections 793, 798, 2080, 2617, 2706, 3801; title 16

sections 410aaa-59, 460ii-4, 460lll, 1456; title 18 section 2721;

title 23 sections 104, 134, 135, 149; title 26 section 169; title

30 sections 201, 1251, 1253, 1292, 1303; title 33 sections 1345,

1502, 1503; title 43 section 1334; title 49 sections 5303, 5305,

5309, 5323, 5335, 5506, 26101, 47102.

-End-

-CITE-

42 USC SUBCHAPTER I - PROGRAMS AND ACTIVITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

-HEAD-

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7545, 7586, 7607,

7661a of this title.

-End-

-CITE-

42 USC Part A - Air Quality and Emission Limitations 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

PART A - AIR QUALITY AND EMISSION LIMITATIONS

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-95, title I, Sec. 117(a), Aug. 7, 1977, 91

Stat. 712, designated sections 7401 to 7428 of this title as part

-End-

-CITE-

42 USC Sec. 7401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7401. Congressional findings and declaration of purpose

-STATUTE-

(a) Findings

The Congress finds -

(1) that the predominant part of the Nation's population is

located in its rapidly expanding metropolitan and other urban

areas, which generally cross the boundary lines of local

jurisdictions and often extend into two or more States;

(2) that the growth in the amount and complexity of air

pollution brought about by urbanization, industrial development,

and the increasing use of motor vehicles, has resulted in

mounting dangers to the public health and welfare, including

injury to agricultural crops and livestock, damage to and the

deterioration of property, and hazards to air and ground

transportation;

(3) that air pollution prevention (that is, the reduction or

elimination, through any measures, of the amount of pollutants

produced or created at the source) and air pollution control at

its source is the primary responsibility of States and local

governments; and

(4) that Federal financial assistance and leadership is

essential for the development of cooperative Federal, State,

regional, and local programs to prevent and control air

pollution.

(b) Declaration

The purposes of this subchapter are -

(1) to protect and enhance the quality of the Nation's air

resources so as to promote the public health and welfare and the

productive capacity of its population;

(2) to initiate and accelerate a national research and

development program to achieve the prevention and control of air

pollution;

(3) to provide technical and financial assistance to State and

local governments in connection with the development and

execution of their air pollution prevention and control programs;

and

(4) to encourage and assist the development and operation of

regional air pollution prevention and control programs.

A primary goal of this chapter is to encourage or otherwise

promote reasonable Federal, State, and local governmental actions,

consistent with the provisions of this chapter, for pollution

prevention.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 101, formerly Sec. 1, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 392;

renumbered Sec. 101 and amended Pub. L. 89-272, title I, Sec.

101(2), (3), Oct. 20, 1965, 79 Stat. 992; Pub. L. 90-148, Sec. 2,

Nov. 21, 1967, 81 Stat. 485; Pub. L. 101-549, title I, Sec. 108(k),

Nov. 15, 1990, 104 Stat. 2468.)

-COD-

CODIFICATION

Section was formerly classified to section 1857 of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in a

prior section 1857 of this title, act of July 14, 1955, ch. 360,

Sec. 1, 69 Stat. 322, prior to the general amendment of this

chapter by Pub. L. 88-206.

AMENDMENTS

1990 - Subsec. (a)(3). Pub. L. 101-549, Sec. 108(k)(1), amended

par. (3) generally. Prior to amendment, par. (3) read as follows:

"that the prevention and control of air pollution at its source is

the primary responsibility of States and local governments; and".

Subsec. (b)(4). Pub. L. 101-549, Sec. 108(k)(2), inserted

"prevention and" after "pollution".

Subsec. (c). Pub. L. 101-549, Sec. 108(k)(3), added subsec. (c).

1967 - Subsec. (b)(1). Pub. L. 90-148 inserted "and enhance the

quality of" after "to protect".

1965 - Subsec. (b). Pub. L. 89-272 substituted "this title" for

"this Act", which for purposes of codification has been changed to

"this subchapter".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 711(b) of Pub. L. 101-549 provided that:

"(1) Except as otherwise expressly provided, the amendments made

by this Act [see Tables for classification] shall be effective on

the date of enactment of this Act [Nov. 15, 1990].

"(2) The Administrator's authority to assess civil penalties

under section 205(c) of the Clean Air Act [42 U.S.C. 7524(c)], as

amended by this Act, shall apply to violations that occur or

continue on or after the date of enactment of this Act. Civil

penalties for violations that occur prior to such date and do not

continue after such date shall be assessed in accordance with the

provisions of the Clean Air Act [42 U.S.C. 7401 et seq.] in effect

immediately prior to the date of enactment of this Act.

"(3) The civil penalties prescribed under sections 205(a) and

211(d)(1) of the Clean Air Act [42 U.S.C. 7524(a), 7545(d)(1)], as

amended by this Act, shall apply to violations that occur on or

after the date of enactment of this Act. Violations that occur

prior to such date shall be subject to the civil penalty provisions

prescribed in sections 205(a) and 211(d) of the Clean Air Act in

effect immediately prior to the enactment of this Act. The

injunctive authority prescribed under section 211(d)(2) of the

Clean Air Act, as amended by this Act, shall apply to violations

that occur or continue on or after the date of enactment of this

Act.

"(4) For purposes of paragraphs (2) and (3), where the date of a

violation cannot be determined it will be assumed to be the date on

which the violation is discovered."

EFFECTIVE DATE OF 1977 AMENDMENT; PENDING ACTIONS; CONTINUATION OF

RULES, CONTRACTS, AUTHORIZATIONS, ETC.; IMPLEMENTATION PLANS

Section 406 of Pub. L. 95-95, as amended by Pub. L. 95-190, Sec.

14(b)(6), Nov. 16, 1977, 91 Stat. 1405, provided that:

"(a) No suit, action, or other proceeding 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 the Clean Air Act [this

chapter], as in effect immediately prior to the date of enactment

of this Act [Aug. 7, 1977] shall abate by reason of the taking

effect of the amendments made by this Act [see Short Title of 1977

Amendment note below]. The court may, on its own motion or that of

any party made at any time within twelve months after such taking

effect, allow the same to be maintained by or against the

Administrator or such officer or employee.

"(b) All rules, regulations, orders, determinations, contracts,

certifications, authorizations, delegations, or other actions duly

issued, made, or taken by or pursuant to the Clean Air Act [this

chapter], as in effect immediately prior to the date of enactment

of this Act [Aug. 7, 1977], and pertaining to any functions,

powers, requirements, and duties under the Clean Air Act, as in

effect immediately prior to the date of enactment of this Act, and

not suspended by the Administrator or the courts, shall continue in

full force and effect after the date of enactment of this Act until

modified or rescinded in accordance with the Clean Air Act as

amended by this Act [see Short Title of 1977 Amendment note below].

"(c) Nothing in this Act [see Short Title of 1977 Amendment note

below] nor any action taken pursuant to this Act shall in any way

affect any requirement of an approved implementation plan in effect

under section 110 of the Clean Air Act [section 7410 of this title]

or any other provision of the Act in effect under the Clean Air Act

before the date of enactment of this section [Aug. 7, 1977] until

modified or rescinded in accordance with the Clean Air Act [this

chapter] as amended by this Act [see Short Title of 1977 Amendment

note below].

"(d)(1) Except as otherwise expressly provided, the amendments

made by this Act [see Short Title of 1977 Amendment note below]

shall be effective on date of enactment [Aug. 7, 1977].

"(2) Except as otherwise expressly provided, each State required

to revise its applicable implementation plan by reason of any

amendment made by this Act [see Short Title of 1977 Amendment note

below] shall adopt and submit to the Administrator of the

Environmental Protection Administration such plan revision before

the later of the date -

"(A) one year after the date of enactment of this Act [Aug. 7,

1977], or

"(B) nine months after the date of promulgation by the

Administrator of the Environmental Protection Administration of

any regulations under an amendment made by this Act which are

necessary for the approval of such plan revision."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-40, Sec. 1, Aug. 5, 1999, 113 Stat. 207, provided

that: "This Act [amending section 7412 of this title and enacting

provisions set out as notes under section 7412 of this title] may

be cited as the 'Chemical Safety Information, Site Security and

Fuels Regulatory Relief Act'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-286, Sec. 1, Oct. 27, 1998, 112 Stat. 2773, provided

that: "This Act [amending section 7511b of this title and enacting

provisions set out as a note under section 7511b of this title] may

be cited as the 'Border Smog Reduction Act of 1998'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399, is popularly

known as the "Clean Air Act Amendments of 1990". See Tables for

classification.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-23, Sec. 1, July 17, 1981, 95 Stat. 139, provided:

"That this Act [amending sections 7410 and 7413 of this title] may

be cited as the 'Steel Industry Compliance Extension Act of 1981'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-95, Sec. 1, Aug. 7, 1977, 91 Stat. 685, provided that:

"This Act [enacting sections 4362, 7419 to 7428, 7450 to 7459, 7470

to 7479, 7491, 7501 to 7508, 7548, 7549, 7551, 7617 to 7625, and

7626 of this title, amending sections 7403, 7405, 7407 to 7415,

7417, 7418, 7521 to 7525, 7541, 7543, 7544, 7545, 7550, 7571, 7601

to 7605, 7607, 7612, 7613, and 7616 of this title, repealing

section 1857c-10 of this title, and enacting provisions set out as

notes under this section, sections 7403, 7422, 7470, 7479, 7502,

7521, 7548, and 7621 of this title, and section 792 of Title 15,

Commerce and Trade] may be cited as the 'Clean Air Act Amendments

of 1977'."

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-604, Sec. 1, Dec. 31, 1970, 84 Stat. 1676, provided:

"That this Act [amending this chapter generally] may be cited as

the 'Clean Air Amendments of 1970'."

SHORT TITLE OF 1967 AMENDMENT

Section 1 of Pub. L. 90-148 provided: "That this Act [amending

this chapter generally] may be cited as the 'Air Quality Act of

1967'."

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-675, Sec. 1, Oct. 15, 1966, 80 Stat. 954, provided:

"That this Act [amending sections 7405 and 7616 of this title and

repealing section 1857f-8 of this title] may be cited as the 'Clean

Air Act Amendments of 1966'."

SHORT TITLE

Section 317, formerly section 14, of act July 14, 1955, as added

by section 1 of Pub. L. 88-206, renumbered section 307 by section

101(4) of Pub. L. 89-272, renumbered section 310 by section 2 of

Pub. L. 90-148, and renumbered section 317 by Pub. L. 91-604, Sec.

12(a), Dec. 31, 1970, 84 Stat. 1705, provided that: "This Act

[enacting this chapter] may be cited as the 'Clean Air Act'."

Section 201 of title II of act July 14, 1955, as added by Pub. L.

89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 992, and

amended by Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499,

provided that: "This title [enacting subchapter II of this chapter]

may be cited as the 'National Emission Standards Act'." Prior to

its amendment by Pub. L. 90-148, title II of act June 14, 1955, was

known as the "Motor Vehicle Air Pollution Control Act".

Section 401 of title IV of act July 14, 1955, as added Dec. 31,

1970, Pub. L. 91-604, Sec. 14, 84 Stat. 1709, provided that: "This

title [enacting subchapter IV of this chapter] may be cited as the

'Noise Pollution and Abatement Act of 1970'."

SAVINGS PROVISION

Section 711(a) of Pub. L. 101-549 provided that: "Except as

otherwise expressly provided in this Act [see Tables for

classification], no suit, action, or other proceeding lawfully

commenced by 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 the Clean Air Act [42 U.S.C.

7401 et seq.], as in effect immediately prior to the date of

enactment of this Act [Nov. 15, 1990], shall abate by reason of the

taking effect of the amendments made by this Act."

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, Sec. 2(a)(3), eff. Dec. 2, 1970, 35

F.R. 15623, 84 Stat. 2086, transferred to Administrator of

Environmental Protection Agency functions vested by law in

Secretary of Health, Education, and Welfare or in Department of

Health, Education, and Welfare which are administered through

Environmental Health Service, including functions exercised by

National Air Pollution Control Administration, and Environmental

Control Administration's Bureau of Solid Waste Management, Bureau

of Water Hygiene, and Bureau of Radiological Health, except insofar

as functions carried out by Bureau of Radiological Health pertain

to regulation of radiation from consumer products, including

electronic product radiation, radiation as used in healing arts,

occupational exposure to radiation, and research, technical

assistance, and training related to radiation from consumer

products, radiation as used in healing arts, and occupational

exposure to radiation.

-MISC2-

IMPACT ON SMALL COMMUNITIES

Section 810 of Pub. L. 101-549 provided that: "Before

implementing a provision of this Act [see Tables for

classification], the Administrator of the Environmental Protection

Agency shall consult with the Small Communities Coordinator of the

Environmental Protection Agency to determine the impact of such

provision on small communities, including the estimated cost of

compliance with such provision."

RADON ASSESSMENT AND MITIGATION

Pub. L. 99-499, title I, Sec. 118(k), Oct. 17, 1986, 100 Stat.

1659, as amended by Pub. L. 105-362, title V, Sec. 501(i), Nov. 10,

1998, 112 Stat. 3284, provided that:

"(1) National assessment of radon gas. - No later than one year

after the enactment of this Act [Oct. 17, 1986], the Administrator

shall submit to the Congress a report which shall, to the extent

possible -

"(A) identify the locations in the United States where radon is

found in structures where people normally live or work, including

educational institutions;

"(B) assess the levels of radon gas that are present in such

structures;

"(C) determine the level of radon gas and radon daughters which

poses a threat to human health and assess for each location

identified under subparagraph (A) the extent of the threat to

human health;

"(D) determine methods of reducing or eliminating the threat to

human health of radon gas and radon daughters; and

"(E) include guidance and public information materials based on

the findings or research of mitigating radon.

"(2) Radon mitigation demonstration program. -

"(A) Demonstration program. - The Administrator shall conduct a

demonstration program to test methods and technologies of

reducing or eliminating radon gas and radon daughters where it

poses a threat to human health. The Administrator shall take into

consideration any demonstration program underway in the Reading

Prong of Pennsylvania, New Jersey, and New York and at other

sites prior to enactment. The demonstration program under this

section shall be conducted in the Reading Prong, and at such

other sites as the Administrator considers appropriate.

"(B) Liability. - Liability, if any, for persons undertaking

activities pursuant to the radon mitigation demonstration program

authorized under this subsection shall be determined under

principles of existing law.

"(3) Construction of section. - Nothing in this subsection shall

be construed to authorize the Administrator to carry out any

regulatory program or any activity other than research,

development, and related reporting, information dissemination, and

coordination activities specified in this subsection. Nothing in

paragraph (1) or (2) shall be construed to limit the authority of

the Administrator or of any other agency or instrumentality of the

United States under any other authority of law."

SPILL CONTROL TECHNOLOGY

Pub. L. 99-499, title I, Sec. 118(n), Oct. 17, 1986, 100 Stat.

1660, provided that:

"(1) Establishment of program. - Within 180 days of enactment of

this subsection [Oct. 17, 1986], the Secretary of the United States

Department of Energy is directed to carry out a program of testing

and evaluation of technologies which may be utilized in responding

to liquefied gaseous and other hazardous substance spills at the

Liquefied Gaseous Fuels Spill Test Facility that threaten public

health or the environment.

"(2) Technology transfer. - In carrying out the program

established under this subsection, the Secretary shall conduct a

technology transfer program that, at a minimum -

"(A) documents and archives spill control technology;

"(B) investigates and analyzes significant hazardous spill

incidents;

"(C) develops and provides generic emergency action plans;

"(D) documents and archives spill test results;

"(E) develops emergency action plans to respond to spills;

"(F) conducts training of spill response personnel; and

"(G) establishes safety standards for personnel engaged in

spill response activities.

"(3) Contracts and grants. - The Secretary is directed to enter

into contracts and grants with a nonprofit organization in Albany

County, Wyoming, that is capable of providing the necessary

technical support and which is involved in environmental activities

related to such hazardous substance related emergencies.

"(4) Use of site. - The Secretary shall arrange for the use of

the Liquefied Gaseous Fuels Spill Test Facility to carry out the

provisions of this subsection."

RADON GAS AND INDOOR AIR QUALITY RESEARCH

Pub. L. 99-499, title IV, Oct. 17, 1986, 100 Stat. 1758, provided

that:

"SEC. 401. SHORT TITLE.

"This title may be cited as the 'Radon Gas and Indoor Air Quality

Research Act of 1986'.

"SEC. 402. FINDINGS.

"The Congress finds that:

"(1) High levels of radon gas pose a serious health threat in

structures in certain areas of the country.

"(2) Various scientific studies have suggested that exposure to

radon, including exposure to naturally occurring radon and indoor

air pollutants, poses a public health risk.

"(3) Existing Federal radon and indoor air pollutant research

programs are fragmented and underfunded.

"(4) An adequate information base concerning exposure to radon

and indoor air pollutants should be developed by the appropriate

Federal agencies.

"SEC. 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH PROGRAM.

"(a) Design of Program. - The Administrator of the Environmental

Protection Agency shall establish a research program with respect

to radon gas and indoor air quality. Such program shall be designed

to -

"(1) gather data and information on all aspects of indoor air

quality in order to contribute to the understanding of health

problems associated with the existence of air pollutants in the

indoor environment;

"(2) coordinate Federal, State, local, and private research and

development efforts relating to the improvement of indoor air

quality; and

"(3) assess appropriate Federal Government actions to mitigate

the environmental and health risks associated with indoor air

quality problems.

"(b) Program Requirements. - The research program required under

this section shall include -

"(1) research and development concerning the identification,

characterization, and monitoring of the sources and levels of

indoor air pollution, including radon, which includes research

and development relating to -

"(A) the measurement of various pollutant concentrations and

their strengths and sources,

"(B) high-risk building types, and

"(C) instruments for indoor air quality data collection;

"(2) research relating to the effects of indoor air pollution

and radon on human health;

"(3) research and development relating to control technologies

or other mitigation measures to prevent or abate indoor air

pollution (including the development, evaluation, and testing of

individual and generic control devices and systems);

"(4) demonstration of methods for reducing or eliminating

indoor air pollution and radon, including sealing, venting, and

other methods that the Administrator determines may be effective;

"(5) research, to be carried out in conjunction with the

Secretary of Housing and Urban Development, for the purpose of

developing -

"(A) methods for assessing the potential for radon

contamination of new construction, including (but not limited

to) consideration of the moisture content of soil, porosity of

soil, and radon content of soil; and

"(B) design measures to avoid indoor air pollution; and

"(6) the dissemination of information to assure the public

availability of the findings of the activities under this

section.

"(c) Advisory Committees. - The Administrator shall establish a

committee comprised of individuals representing Federal agencies

concerned with various aspects of indoor air quality and an

advisory group comprised of individuals representing the States,

the scientific community, industry, and public interest

organizations to assist him in carrying out the research program

for radon gas and indoor air quality.

"(d) Implementation Plan. - Not later than 90 days after the

enactment of this Act [Oct. 17, 1986], the Administrator shall

submit to the Congress a plan for implementation of the research

program under this section. Such plan shall also be submitted to

the EPA Science Advisory Board, which shall, within a reasonable

period of time, submit its comments on such plan to Congress.

"(e) Report. - Not later than 2 years after the enactment of this

Act [Oct. 17, 1986], the Administrator shall submit to Congress a

report respecting his activities under this section and making such

recommendations as appropriate.

"SEC. 404. CONSTRUCTION OF TITLE.

"Nothing in this title shall be construed to authorize the

Administrator to carry out any regulatory program or any activity

other than research, development, and related reporting,

information dissemination, and coordination activities specified in

this title. Nothing in this title shall be construed to limit the

authority of the Administrator or of any other agency or

instrumentality of the United States under any other authority of

law.

"SEC. 405. AUTHORIZATIONS.

"There are authorized to be appropriated to carry out the

activities under this title and under section 118(k) of the

Superfund Amendments and Reauthorization Act of 1986 (relating to

radon gas assessment and demonstration program) [section 118(k) of

Pub. L. 99-499, set out as a note above] not to exceed $5,000,000

for each of the fiscal years 1987, 1988, and 1989. Of such sums

appropriated in fiscal years 1987 and 1988, two-fifths shall be

reserved for the implementation of section 118(k)(2)."

STUDY OF ODORS AND ODOROUS EMISSIONS

Pub. L. 95-95, title IV, Sec. 403(b), Aug. 7, 1977, 91 Stat. 792,

directed Administrator of Environmental Protection Agency to

conduct a study and report to Congress not later than Jan. 1, 1979,

on effects on public health and welfare of odors and odorous

emissions, source of such emissions, technology or other measures

available for control of such emissions and costs of such

technology or measures, and costs and benefits of alternative

measures or strategies to abate such emissions.

LIST OF CHEMICAL CONTAMINANTS FROM ENVIRONMENTAL POLLUTION FOUND IN

HUMAN TISSUE

Pub. L. 95-95, title IV, Sec. 403(c), Aug. 7, 1977, 91 Stat. 792,

directed Administrator of EPA, not later than twelve months after

Aug. 7, 1977, to publish throughout the United States a list of all

known chemical contaminants resulting from environmental pollution

which have been found in human tissue including blood, urine,

breast milk, and all other human tissue, such list to be prepared

for the United States and to indicate approximate number of cases,

range of levels found, and mean levels found, directed

Administrator, not later than eighteen months after Aug. 7, 1977,

to publish in same manner an explanation of what is known about the

manner in which chemicals entered the environment and thereafter

human tissue, and directed Administrator, in consultation with

National Institutes of Health, the National Center for Health

Statistics, and the National Center for Health Services Research

and Development, to, if feasible, conduct an epidemiological study

to demonstrate the relationship between levels of chemicals in the

environment and in human tissue, such study to be made in

appropriate regions or areas of the United States in order to

determine any different results in such regions or areas, and the

results of such study to be reported, as soon as practicable, to

appropriate committee of Congress.

STUDY ON REGIONAL AIR QUALITY

Pub. L. 95-95, title IV, Sec. 403(d), Aug. 7, 1977, 91 Stat. 793,

directed Administrator of EPA to conduct a study of air quality in

various areas throughout the country including the gulf coast

region, such study to include analysis of liquid and solid aerosols

and other fine particulate matter and contribution of such

substances to visibility and public health problems in such areas,

with Administrator to use environmental health experts from the

National Institutes of Health and other outside agencies and

organizations.

RAILROAD EMISSION STUDY

Pub. L. 95-95, title IV, Sec. 404, Aug. 7, 1977, 91 Stat. 793, as

amended by H. Res. 549, Mar. 25, 1980, directed Administrator of

EPA to conduct a study and investigation of emissions of air

pollutants from railroad locomotives, locomotive engines, and

secondary power sources on railroad rolling stock, in order to

determine extent to which such emissions affect air quality in air

quality control regions throughout the United States, technological

feasibility and current state of technology for controlling such

emissions, and status and effect of current and proposed State and

local regulations affecting such emissions, and within one hundred

and eighty days after commencing such study and investigation,

Administrator to submit a report of such study and investigation,

together with recommendations for appropriate legislation, to

Senate Committee on Environment and Public Works and House

Committee on Energy and Commerce.

STUDY AND REPORT CONCERNING ECONOMIC APPROACHES TO CONTROLLING AIR

POLLUTION

Pub. L. 95-95, title IV, Sec. 405, Aug. 7, 1977, 91 Stat. 794,

directed Administrator, in conjunction with Council of Economic

Advisors, to undertake a study and assessment of economic measures

for control of air pollution which could strengthen effectiveness

of existing methods of controlling air pollution, provide

incentives to abate air pollution greater than that required by

Clean Air Act, and serve as primary incentive for controlling air

pollution problems not addressed by Clean Air Act, and directed

that not later than 2 years after Aug. 7, 1977, Administrator and

Council conclude study and submit a report to President and

Congress.

NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL

For provisions relating to establishment of National Industrial

Pollution Control Council, see Ex. Ord. No. 11523, Apr. 9, 1970, 35

F.R. 5993, set out as a note under section 4321 of this title.

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to responsibility of head of each

Executive agency for compliance with applicable pollution control

standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,

set out as a note under section 4321 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10779

Ex. Ord. No. 10779, Aug. 21, 1958, 23 F.R. 6487, which related to

cooperation of Federal agencies with State and local authorities,

was superseded by Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663,

formerly set out under section 7418 of this title.

EXECUTIVE ORDER NO. 11507

Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which provided

for prevention, control, and abatement of air pollution at Federal

facilities, was superseded by Ex. Ord. No. 11752, Dec. 17, 1973, 38

F.R. 34793, formerly set out as a note under section 4331 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7471, 7476 of this title.

-End-

-CITE-

42 USC Sec. 7402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7402. Cooperative activities

-STATUTE-

(a) Interstate cooperation; uniform State laws; State compacts

The Administrator shall encourage cooperative activities by the

States and local governments for the prevention and control of air

pollution; encourage the enactment of improved and, so far as

practicable in the light of varying conditions and needs, uniform

State and local laws relating to the prevention and control of air

pollution; and encourage the making of agreements and compacts

between States for the prevention and control of air pollution.

(b) Federal cooperation

The Administrator shall cooperate with and encourage cooperative

activities by all Federal departments and agencies having functions

relating to the prevention and control of air pollution, so as to

assure the utilization in the Federal air pollution control program

of all appropriate and available facilities and resources within

the Federal Government.

The consent of the Congress is hereby given to two or more States

to negotiate and enter into agreements or compacts, not in conflict

with any law or treaty of the United States, for (1) cooperative

effort and mutual assistance for the prevention and control of air

pollution and the enforcement of their respective laws relating

thereto, and (2) the establishment of such agencies, joint or

otherwise, as they may deem desirable for making effective such

agreements or compacts. No such agreement or compact shall be

binding or obligatory upon any State a party thereto unless and

until it has been approved by Congress. It is the intent of

Congress that no agreement or compact entered into between States

after November 21, 1967, which relates to the control and abatement

of air pollution in an air quality control region, shall provide

for participation by a State which is not included (in whole or in

part) in such air quality control region.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 102, formerly Sec. 2, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 393;

renumbered Sec. 102, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20,

1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,

81 Stat. 485; Pub. L. 91-604, Sec. 15(c)(2), Dec. 31, 1970, 84

Stat. 1713.)

-COD-

CODIFICATION

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

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in the first clause of subsec. (a) of

this section were contained in subsec. (b)(1) of a prior section

1857a, of this title, act July 14, 1955, ch. 360, Sec. 2, 69 Stat.

322, prior to the general amendment of this chapter by Pub. L.

88-206.

AMENDMENTS

1970 - Subsecs. (a), (b). Pub. L. 91-604 substituted

"Administrator" for "Secretary" wherever appearing.

1967 - Subsec. (c). Pub. L. 90-148 inserted declaration that it

is the intent of Congress that no agreement or compact entered into

between States after the date of enactment of the Air Quality Act

of 1967, which for purposes of codification was changed to November

21, 1967, the date of approval of such Act, relating to the control

and abatement of air pollution in an air quality control region,

shall provide for participation by a State which is not included

(in whole or in part) in such air quality control region.

-End-

-CITE-

42 USC Sec. 7403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7403. Research, investigation, training, and other activities

-STATUTE-

(a) Research and development program for prevention and control of

air pollution

The Administrator shall establish a national research and

development program for the prevention and control of air pollution

and as part of such program shall -

(1) conduct, and promote the coordination and acceleration of,

research, investigations, experiments, demonstrations, surveys,

and studies relating to the causes, effects (including health and

welfare effects), extent, prevention, and control of air

pollution;

(2) encourage, cooperate with, and render technical services

and provide financial assistance to air pollution control

agencies and other appropriate public or private agencies,

institutions, and organizations, and individuals in the conduct

of such activities;

(3) conduct investigations and research and make surveys

concerning any specific problem of air pollution in cooperation

with any air pollution control agency with a view to recommending

a solution of such problem, if he is requested to do so by such

agency or if, in his judgment, such problem may affect any

community or communities in a State other than that in which the

source of the matter causing or contributing to the pollution is

located;

(4) establish technical advisory committees composed of

recognized experts in various aspects of air pollution to assist

in the examination and evaluation of research progress and

proposals and to avoid duplication of research, and

(5) conduct and promote coordination and acceleration of

training for individuals relating to the causes, effects, extent,

prevention, and control of air pollution.

(b) Authorized activities of Administrator in establishing research

and development program

In carrying out the provisions of the preceding subsection the

Administrator is authorized to -

(1) collect and make available, through publications and other

appropriate means, the results of and other information,

including appropriate recommendations by him in connection

therewith, pertaining to such research and other activities;

(2) cooperate with other Federal departments and agencies, with

air pollution control agencies, with other public and private

agencies, institutions, and organizations, and with any

industries involved, in the preparation and conduct of such

research and other activities;

(3) make grants to air pollution control agencies, to other

public or nonprofit private agencies, institutions, and

organizations, and to individuals, for purposes stated in

subsection (a)(1) of this section;

(4) contract with public or private agencies, institutions, and

organizations, and with individuals, without regard to section

3324(a) and (b) of title 31 and section 5 of title 41;

(5) establish and maintain research fellowships, in the

Environmental Protection Agency and at public or nonprofit

private educational institutions or research organizations;

(6) collect and disseminate, in cooperation with other Federal

departments and agencies, and with other public or private

agencies, institutions, and organizations having related

responsibilities, basic data on chemical, physical, and

biological effects of varying air quality and other information

pertaining to air pollution and the prevention and control

thereof;

(7) develop effective and practical processes, methods, and

prototype devices for the prevention or control of air pollution;

and

(8) construct facilities, provide equipment, and employ staff

as necessary to carry out this chapter.

In carrying out the provisions of subsection (a) of this section,

the Administrator shall provide training for, and make training

grants to, personnel of air pollution control agencies and other

persons with suitable qualifications and make grants to such

agencies, to other public or nonprofit private agencies,

institutions, and organizations for the purposes stated in

subsection (a)(5) of this section. Reasonable fees may be charged

for such training provided to persons other than personnel of air

pollution control agencies but such training shall be provided to

such personnel of air pollution control agencies without charge.

research

In carrying out subsection (a) of this section, the Administrator

shall conduct a program of research, testing, and development of

methods for sampling, measurement, monitoring, analysis, and

modeling of air pollutants. Such program shall include the

following elements:

(1) Consideration of individual, as well as complex mixtures

of, air pollutants and their chemical transformations in the

atmosphere.

(2) Establishment of a national network to monitor, collect,

and compile data with quantification of certainty in the status

and trends of air emissions, deposition, air quality, surface

water quality, forest condition, and visibility impairment, and

to ensure the comparability of air quality data collected in

different States and obtained from different nations.

(3) Development of improved methods and technologies for

sampling, measurement, monitoring, analysis, and modeling to

increase understanding of the sources of ozone percursors,(!1)

ozone formation, ozone transport, regional influences on urban

ozone, regional ozone trends, and interactions of ozone with

other pollutants. Emphasis shall be placed on those techniques

which -

(A) improve the ability to inventory emissions of volatile

organic compounds and nitrogen oxides that contribute to urban

air pollution, including anthropogenic and natural sources;

(B) improve the understanding of the mechanism through which

anthropogenic and biogenic volatile organic compounds react to

form ozone and other oxidants; and

region-specific prevention and control options for ozone

pollution.

(4) Submission of periodic reports to the Congress, not less

than once every 5 years, which evaluate and assess the

effectiveness of air pollution control regulations and programs

using monitoring and modeling data obtained pursuant to this

subsection.

(d) Environmental health effects research

(1) The Administrator, in consultation with the Secretary of

Health and Human Services, shall conduct a research program on the

short-term and long-term effects of air pollutants, including wood

smoke, on human health. In conducting such research program the

Administrator -

(A) shall conduct studies, including epidemiological, clinical,

and laboratory and field studies, as necessary to identify and

evaluate exposure to and effects of air pollutants on human

health;

(B) may utilize, on a reimbursable basis, the facilities of

existing Federal scientific laboratories and research centers;

and

similar research being conducted in other agencies is coordinated

to avoid duplication.

(2) In conducting the research program under this subsection, the

Administrator shall develop methods and techniques necessary to

identify and assess the risks to human health from both routine and

accidental exposures to individual air pollutants and combinations

thereof. Such research program shall include the following

elements:

(A) The creation of an Interagency Task Force to coordinate

such program. The Task Force shall include representatives of the

National Institute for Environmental Health Sciences, the

Environmental Protection Agency, the Agency for Toxic Substances

and Disease Registry, the National Toxicology Program, the

National Institute of Standards and Technology, the National

Science Foundation, the Surgeon General, and the Department of

Energy. This Interagency Task Force shall be chaired by a

representative of the Environmental Protection Agency and shall

convene its first meeting within 60 days after November 15, 1990.

(B) An evaluation, within 12 months after November 15, 1990, of

each of the hazardous air pollutants listed under section 7412(b)

of this title, to decide, on the basis of available information,

their relative priority for preparation of environmental health

assessments pursuant to subparagraph (C). The evaluation shall be

based on reasonably anticipated toxicity to humans and exposure

factors such as frequency of occurrence as an air pollutant and

volume of emissions in populated areas. Such evaluation shall be

reviewed by the Interagency Task Force established pursuant to

subparagraph (A).

the hazardous air pollutants referred to in subparagraph (B),

beginning 6 months after the first meeting of the Interagency

Task Force and to be completed within 96 months thereafter. No

fewer than 24 assessments shall be completed and published

annually. The assessments shall be prepared in accordance with

guidelines developed by the Administrator in consultation with

the Interagency Task Force and the Science Advisory Board of the

Environmental Protection Agency. Each such assessment shall

include -

(i) an examination, summary, and evaluation of available

toxicological and epidemiological information for the pollutant

to ascertain the levels of human exposure which pose a

significant threat to human health and the associated acute,

subacute, and chronic adverse health effects;

(ii) a determination of gaps in available information related

to human health effects and exposure levels; and

(iii) where appropriate, an identification of additional

activities, including toxicological and inhalation testing,

needed to identify the types or levels of exposure which may

present significant risk of adverse health effects in humans.

(e) Ecosystem research

In carrying out subsection (a) of this section, the

Administrator, in cooperation, where appropriate, with the Under

Secretary of Commerce for Oceans and Atmosphere, the Director of

the Fish and Wildlife Service, and the Secretary of Agriculture,

shall conduct a research program to improve understanding of the

short-term and long-term causes, effects, and trends of ecosystems

damage from air pollutants on ecosystems. Such program shall

include the following elements:

(1) Identification of regionally representative and critical

ecosystems for research.

(2) Evaluation of risks to ecosystems exposed to air

pollutants, including characterization of the causes and effects

of chronic and episodic exposures to air pollutants and

determination of the reversibility of those effects.

(3) Development of improved atmospheric dispersion models and

monitoring systems and networks for evaluating and quantifying

exposure to and effects of multiple environmental stresses

associated with air pollution.

(4) Evaluation of the effects of air pollution on water

quality, including assessments of the short-term and long-term

ecological effects of acid deposition and other atmospherically

derived pollutants on surface water (including wetlands and

estuaries) and groundwater.

(5) Evaluation of the effects of air pollution on forests,

materials, crops, biological diversity, soils, and other

terrestrial and aquatic systems exposed to air pollutants.

(6) Estimation of the associated economic costs of ecological

damage which have occurred as a result of exposure to air

pollutants.

Consistent with the purpose of this program, the Administrator may

use the estuarine research reserves established pursuant to section

1461 of title 16 to carry out this research.

(f) Liquefied Gaseous Fuels Spill Test Facility

(1) The Administrator, in consultation with the Secretary of

Energy and the Federal Coordinating Council for Science,

Engineering, and Technology, shall oversee an experimental and

analytical research effort, with the experimental research to be

carried out at the Liquefied Gaseous Fuels Spill Test Facility. In

consultation with the Secretary of Energy, the Administrator shall

develop a list of chemicals and a schedule for field testing at the

Facility. Analysis of a minimum of 10 chemicals per year shall be

carried out, with the selection of a minimum of 2 chemicals for

field testing each year. Highest priority shall be given to those

chemicals that would present the greatest potential risk to human

health as a result of an accidental release -

(A) from a fixed site; or

(B) related to the transport of such chemicals.

(2) The purpose of such research shall be to -

(A) develop improved predictive models for atmospheric

dispersion which at a minimum -

(i) describe dense gas releases in complex terrain including

man-made structures or obstacles with variable winds;

(ii) improve understanding of the effects of turbulence on

dispersion patterns; and

(iii) consider realistic behavior of aerosols by including

physicochemical reactions with water vapor, ground deposition,

and removal by water spray;

(B) evaluate existing and future atmospheric dispersion models

by -

(i) the development of a rigorous, standardized methodology

for dense gas models; and

(ii) the application of such methodology to current dense gas

dispersion models using data generated from field experiments;

and

emergency response technology for fixed site and transportation

related accidental releases of toxic chemicals.

Models pertaining to accidental release shall be evaluated and

improved periodically for their utility in planning and

implementing evacuation procedures and other mitigative strategies

designed to minimize human exposure to hazardous air pollutants

released accidentally.

(3) The Secretary of Energy shall make available to interested

persons (including other Federal agencies and businesses) the use

of the Liquefied Gaseous Fuels Spill Test Facility to conduct

research and other activities in connection with the activities

described in this subsection.

(g) Pollution prevention and emissions control

In carrying out subsection (a) of this section, the Administrator

shall conduct a basic engineering research and technology program

to develop, evaluate, and demonstrate nonregulatory strategies and

technologies for air pollution prevention. Such strategies and

technologies shall be developed with priority on those pollutants

which pose a significant risk to human health and the environment,

and with opportunities for participation by industry, public

interest groups, scientists, and other interested persons in the

development of such strategies and technologies. Such program shall

include the following elements:

(1) Improvements in nonregulatory strategies and technologies

for preventing or reducing multiple air pollutants, including

sulfur oxides, nitrogen oxides, heavy metals, PM-10 (particulate

matter), carbon monoxide, and carbon dioxide, from stationary

sources, including fossil fuel power plants. Such strategies and

technologies shall include improvements in the relative cost

effectiveness and long-range implications of various air

pollutant reduction and nonregulatory control strategies such as

energy conservation, including end-use efficiency, and

fuel-switching to cleaner fuels. Such strategies and technologies

shall be considered for existing and new facilities.

(2) Improvements in nonregulatory strategies and technologies

for reducing air emissions from area sources.

(3) Improvements in nonregulatory strategies and technologies

for preventing, detecting, and correcting accidental releases of

hazardous air pollutants.

(4) Improvements in nonregulatory strategies and technologies

that dispose of tires in ways that avoid adverse air quality

impacts.

Nothing in this subsection shall be construed to authorize the

imposition on any person of air pollution control requirements. The

Administrator shall consult with other appropriate Federal agencies

to ensure coordination and to avoid duplication of activities

authorized under this subsection.

(h) NIEHS studies

(1) The Director of the National Institute of Environmental

Health Sciences may conduct a program of basic research to

identify, characterize, and quantify risks to human health from air

pollutants. Such research shall be conducted primarily through a

combination of university and medical school-based grants, as well

as through intramural studies and contracts.

(2) The Director of the National Institute of Environmental

Health Sciences shall conduct a program for the education and

training of physicians in environmental health.

(3) The Director shall assure that such programs shall not

conflict with research undertaken by the Administrator.

(4) There are authorized to be appropriated to the National

Institute of Environmental Health Sciences such sums as may be

necessary to carry out the purposes of this subsection.

(i) Coordination of research

The Administrator shall develop and implement a plan for

identifying areas in which activities authorized under this section

can be carried out in conjunction with other Federal ecological and

air pollution research efforts. The plan, which shall be submitted

to Congress within 6 months after November 15, 1990, shall include

(1) an assessment of ambient monitoring stations and networks

to determine cost effective ways to expand monitoring

capabilities in both urban and rural environments;

(2) a consideration of the extent of the feasibility and

scientific value of conducting the research program under

subsection (e) of this section to include consideration of the

effects of atmospheric processes and air pollution effects; and

(3) a methodology for evaluating and ranking pollution

prevention technologies, such as those developed under subsection

(g) of this section, in terms of their ability to reduce cost

effectively the emissions of air pollutants and other airborne

chemicals of concern.

Not later than 2 years after November 15, 1990, and every 4 years

thereafter, the Administrator shall report to Congress on the

progress made in implementing the plan developed under this

subsection, and shall include in such report any revisions of the

plan.

(j) Continuation of national acid precipitation assessment program

(1) The acid precipitation research program set forth in the Acid

Precipitation Act of 1980 [42 U.S.C. 8901 et seq.] shall be

continued with modifications pursuant to this subsection.

(2) The Acid Precipitation Task Force shall consist of the

Administrator of the Environmental Protection Agency, the Secretary

of Energy, the Secretary of the Interior, the Secretary of

Agriculture, the Administrator of the National Oceanic and

Atmospheric Administration, the Administrator of the National

Aeronautics and Space Administration, and such additional members

as the President may select. The President shall appoint a chairman

for the Task Force from among its members within 30 days after

November 15, 1990.

(3) The responsibilities of the Task Force shall include the

following:

(A) Review of the status of research activities conducted to

date under the comprehensive research plan developed pursuant to

the Acid Precipitation Act of 1980 [42 U.S.C. 8901 et seq.], and

development of a revised plan that identifies significant

research gaps and establishes a coordinated program to address

current and future research priorities. A draft of the revised

plan shall be submitted by the Task Force to Congress within 6

months after November 15, 1990. The plan shall be available for

public comment during the 60 day period after its submission, and

a final plan shall be submitted by the President to the Congress

within 45 days after the close of the comment period.

(B) Coordination with participating Federal agencies,

augmenting the agencies' research and monitoring efforts and

sponsoring additional research in the scientific community as

necessary to ensure the availability and quality of data and

methodologies needed to evaluate the status and effectiveness of

the acid deposition control program. Such research and monitoring

efforts shall include, but not be limited to -

(i) continuous monitoring of emissions of precursors of acid

deposition;

(ii) maintenance, upgrading, and application of models, such

as the Regional Acid Deposition Model, that describe the

interactions of emissions with the atmosphere, and models that

describe the response of ecosystems to acid deposition; and

(iii) analysis of the costs, benefits, and effectiveness of

the acid deposition control program.

Registry that tracks the condition and change over time of a

statistically representative sample of lakes in regions that are

known to be sensitive to surface water acidification.

(D) Submission every two years of a unified budget

recommendation to the President for activities of the Federal

Government in connection with the research program described in

this subsection.

(E) Beginning in 1992 and biennially thereafter, submission of

a report to Congress describing the results of its investigations

and analyses. The reporting of technical information about acid

deposition shall be provided in a format that facilitates

communication with policymakers and the public. The report shall

include -

(i) actual and projected emissions and acid deposition

trends;

(ii) average ambient concentrations of acid deposition

percursors (!2) and their transformation products;

(iii) the status of ecosystems (including forests and surface

waters), materials, and visibility affected by acid deposition;

(iv) the causes and effects of such deposition, including

changes in surface water quality and forest and soil

conditions;

(v) the occurrence and effects of episodic acidification,

particularly with respect to high elevation watersheds; and

(vi) the confidence level associated with each conclusion to

aid policymakers in use of the information.

(F) Beginning in 1996, and every 4 years thereafter, the report

under subparagraph (E) shall include -

(i) the reduction in deposition rates that must be achieved

in order to prevent adverse ecological effects; and

(ii) the costs and benefits of the acid deposition control

program created by subchapter IV-A of this chapter.

(k) Air pollution conferences

If, in the judgment of the Administrator, an air pollution

problem of substantial significance may result from discharge or

discharges into the atmosphere, the Administrator may call a

conference concerning this potential air pollution problem to be

held in or near one or more of the places where such discharge or

discharges are occurring or will occur. All interested persons

shall be given an opportunity to be heard at such conference,

either orally or in writing, and shall be permitted to appear in

person or by representative in accordance with procedures

prescribed by the Administrator. If the Administrator finds, on the

basis of the evidence presented at such conference, that the

discharge or discharges if permitted to take place or continue are

likely to cause or contribute to air pollution subject to abatement

under this part, the Administrator shall send such findings,

together with recommendations concerning the measures which the

Administrator finds reasonable and suitable to prevent such

pollution, to the person or persons whose actions will result in

the discharge or discharges involved; to air pollution agencies of

the State or States and of the municipality or municipalities where

such discharge or discharges will originate; and to the interstate

air pollution control agency, if any, in the jurisdictional area of

which any such municipality is located. Such findings and

recommendations shall be advisory only, but shall be admitted

together with the record of the conference, as part of the

proceedings under subsections (b), (c), (d), (e), and (f) of

section 7408 of this title.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 103, formerly Sec. 3, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 394;

renumbered Sec. 103 and amended Pub. L. 89-272, title I, Secs.

101(3), 103, Oct. 20, 1965, 79 Stat. 992, 996; Pub. L. 90-148, Sec.

2, Nov. 21, 1967, 81 Stat. 486; Pub. L. 91-604, Secs. 2(a), 4(2),

15(a)(2), (c)(2), Dec. 31, 1970, 84 Stat. 1676, 1689, 1710, 1713;

Pub. L. 95-95, title I, Sec. 101(a), (b), Aug. 7, 1977, 91 Stat.

686, 687; Pub. L. 101-549, title IX, Sec. 901(a)-(c), Nov. 15,

1990, 104 Stat. 2700-2703.)

-REFTEXT-

REFERENCES IN TEXT

The Acid Precipitation Act of 1980, referred to in subsec.

(j)(1), (3)(A), is title VII of Pub. L. 96-294, June 30, 1980, 94

Stat. 770, which is classified generally to chapter 97 (Sec. 8901

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 8901 of this

title and Tables.

-COD-

CODIFICATION

In subsec. (b)(4), "section 3324(a) and (b) of title 31"

substituted for reference to section 3648 of the Revised Statutes

(31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

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

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (a)(3) of this section

were contained in subsec. (a) of a prior section 1857b of this

title, act July 14, 1955, ch. 360, Sec. 3, 69 Stat. 322, as amended

Oct. 9, 1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760, prior to the

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

Provisions similar to those in this section were contained in

prior sections 1857a to 1857d of this title, act July 14, 1955, ch.

360, Secs. 2 to 5, 69 Stat. 322 (section 1857b as amended Oct. 9,

1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760; section 1857d as

amended Sept. 22, 1959, Pub. L. 86-365, Sec. 1, 73 Stat. 646 and

Oct. 9, 1962, Pub. L. 87-761, Sec. 1, 76 Stat. 760), prior to the

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

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 901(a)(1), inserted

"(including health and welfare effects)" after "effects".

Subsec. (b)(8). Pub. L. 101-549, Sec. 901(a)(2), which directed

amendment of subsec. (b) by adding par. (8) at end, was executed by

adding par. (8) after par. (7) to reflect the probable intent of

Congress.

Subsecs. (c) to (f). Pub. L. 101-549, Sec. 901(b), amended

subsecs. (c) to (f) generally, substituting present provisions for

provisions which related to: in subsec. (c), results of other

scientific studies; in subsec. (d), construction of facilities; in

subsec. (e), potential air pollution problems, conferences, and

findings and recommendations of the Administrator; and, in subsec.

(f), accelerated research programs.

Subsecs. (g) to (k). Pub. L. 101-549, Sec. 901(c), added subsecs.

(g) to (k).

1977 - Subsec. (a). Pub. L. 95-95, Sec. 101(b), struck out

reference to "training" in par. (1) and added par. (5).

Subsec. (b). Pub. L. 95-95, Sec. 101(a), struck out par. (5)

which provided for training and training grants to personnel of air

pollution control agencies and other persons with suitable

qualifications, redesignated pars. (6), (7), and (8) as (5), (6),

and (7), respectively, and, following par. (7) as so redesignated,

inserted provisions directing the Administrator, in carrying out

subsec. (a), to provide training for, and make training grants to,

personnel of air pollution control agencies and other persons with

suitable qualifications and to make grants to such agencies, to

other public or nonprofit private agencies, institutions, and

organizations for the purposes stated in subsec. (a)(5) and

allowing reasonable fees to be charged for such training provided

to persons other than personnel of air pollution control agencies

but requiring that such training be provided to such personnel of

air pollution control agencies without charge.

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

"Administrator" for "Secretary".

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

"Administrator" for "Secretary" and "Environmental Protection

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

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

"Administrator" for "Secretary" and "air pollutants" for "air

pollution agents (or combinations of agents)".

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

"Administrator" for "Secretary".

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

"Administrator" for "Secretary" wherever appearing, substituted

"7415" for "7415(a)", and inserted references to subsecs. (b) and

Subsec. (f). Pub. L. 91-604, Sec. 2(a), added subsec. (f).

1967 - Subsec. (a). Pub. L. 90-148 substituted "establish

technical advisory committees composed of recognized experts in

various aspects of air pollution to assist in the examination and

evaluation of research progress and proposals and to avoid

duplication of research" for "initiate and conduct a program of

research directed toward the development of improved, low-cost

techniques for extracting sulfur from fuels" as cl. (4) and struck

out cl. (5) which related to research programs relating to the

control of hydrocarbon emissions from evaporation of gasoline and

nitrogen and aldehyde oxide emission from gasoline and diesel

powered vehicles and relating to the development of improved

low-cost techniques to reduce emissions of oxides of sulfur

produced by the combustion of sulfur-containing fuels.

Subsec. (c). Pub. L. 90-148 struck out provision for promulgation

of criteria in the case of particular air pollution agents present

in the air in certain quantities reflecting the latest scientific

knowledge and allowing for availability and revision and provided

for recommendation by Secretary of air quality criteria.

Subsec. (e). Pub. L. 90-148 substituted references to subsections

(d), (e), and (f) of section 7415 of this title for references to

subsections (c), (d), and (e) of section 7415 of this title in

provision for admission of advisory findings and recommendations

together with the record of the conference and made such findings

and recommendations part of the proceedings of the conference, not

merely part of the record of proceedings.

1965 - Subsec. (a)(5). Pub. L. 89-272, Sec. 103(3), added par.

(5).

Subsecs. (d), (e). Pub. L. 89-272, Sec. 103(4), added subsecs.

(d) and (e).

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 provisions in subsec.

(i) of this section requiring quadrennial reports to Congress and

of reporting provisions in subsec. (j)(3)(E) and (F) 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

7th and 8th items on page 163 of House Document No. 103-7.

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.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, 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 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.

PILOT DESIGN PROGRAMS

Pub. L. 106-246, div. B, title II, Sec. 2603, July 13, 2000, 114

Stat. 558, provided that:

"(a) The Administrator of the Environmental Protection Agency

shall make a grant for the purpose of carrying out the first year

of a 2-year program to implement in five metropolitan areas pilot

design programs developed under section 365(a)(2) of the Department

of Transportation and Related Agencies Appropriations Act, 2000

[Pub. L. 106-69] (113 Stat. 1028-1029).

"(b) The Administrator shall ensure that each pilot design

program is implemented in accordance with recommendations developed

by the National Telecommuting and Air Quality Steering Committee,

in consultation with the local design teams.

"(c) Grants received under subsection (a) may be used for -

"(1) protocol development in the five metropolitan areas;

"(2) marketing of the telecommute, emissions reduction,

pollution credits strategy and recruitment of participating

employers; and

"(3) data gathering on emissions reductions.

"(d) In addition to the grant under subsection (a), for the

purpose of carrying out the second year of the 2-year program

referred to in subsection (a), the Administrator shall -

"(1) make a grant of $750,000 to the National Environmental

Policy Institute (a nonprofit private entity incorporated under

the laws of and located in the District of Columbia); and

"(2) make grants totaling $1,250,000 to local agencies within

the five metropolitan areas referred to in subsection (a).

"(e) Not later than 360 days from first day of the second year of

the 2-year program referred to in subsection (a), the Administrator

shall transmit to Congress a report on the results of the program.

"(f) The Administrator shall carry out this section in

collaboration with the Secretary of Transportation.

"(g) There is appropriated to the Department of Transportation,

'Office of the Assistant Secretary for Policy', $2,000,000 to carry

out this section. Such amounts shall be transferred to and

administered by the Environmental Protection Agency and shall

remain available until expended: Provided, That the entire amount

is designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended [2 U.S.C. 901(b)(2)(A)]:

Provided further, That the entire amount shall be available only to

the extent an official budget request for a specific dollar amount,

that includes designation of the entire amount of the request as an

emergency requirement as defined by such Act, is transmitted by the

President to the Congress."

NATIONAL ACID LAKES REGISTRY

Section 405 of Pub. L. 101-549 provided that: "The Administrator

of the Environmental Protection Agency shall create a National Acid

Lakes Registry that shall list, to the extent practical, all lakes

that are known to be acidified due to acid deposition, and shall

publish such list within one year of the enactment of this Act

[Nov. 15, 1990]. Lakes shall be added to the registry as they

become acidic or as data becomes available to show they are acidic.

Lakes shall be deleted from the registry as they become nonacidic."

ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES

Section 901(e) of Pub. L. 101-549 directed Administrator of

Environmental Protection Agency to conduct a study that compares

international air pollution control technologies of selected

industrialized countries to determine if there exist air pollution

control technologies in countries outside the United States that

may have beneficial applications to this Nation's air pollution

control efforts, including, with respect to each country studied,

the topics of urban air quality, motor vehicle emissions, toxic air

emissions, and acid deposition, and within 2 years after Nov. 15,

1990, submit to Congress a report detailing the results of such

study.

WESTERN STATES ACID DEPOSITION RESEARCH

Section 901(g) of Pub. L. 101-549 provided that:

"(1) The Administrator of the Environmental Protection Agency

shall sponsor monitoring and research and submit to Congress annual

and periodic assessment reports on -

"(A) the occurrence and effects of acid deposition on surface

waters located in that part of the United States west of the

Mississippi River;

"(B) the occurrence and effects of acid deposition on high

elevation ecosystems (including forests, and surface waters); and

"(C) the occurrence and effects of episodic acidification,

particularly with respect to high elevation watersheds.

"(2) The Administrator of the Environmental Protection Agency

shall analyze data generated from the studies conducted under

paragraph (1), data from the Western Lakes Survey, and other

appropriate research and utilize predictive modeling techniques

that take into account the unique geographic, climatological, and

atmospheric conditions which exist in the western United States to

determine the potential occurrence and effects of acid deposition

due to any projected increases in the emission of sulfur dioxide

and nitrogen oxides in that part of the United States located west

of the Mississippi River. The Administrator shall include the

results of the project conducted under this paragraph in the

reports issued to Congress under paragraph (1)."

CONSULTATION WITH COMMITTEE ON SCIENCE OF HOUSE OF REPRESENTATIVES

Section 101(c) of Pub. L. 95-95 provided that: "The Administrator

of the Environmental Protection Agency shall consult with the House

Committee on Science and Technology [now Committee on Science] on

the environmental and atmospheric research, development, and

demonstration aspects of this Act [see Short Title of 1977

Amendment note set out under section 7401 of this title]. In

addition, the reports and studies required by this Act that relate

to research, development, and demonstration issues shall be

transmitted to the Committee on Science and Technology [now

Committee on Science] at the same time they are made available to

other committees of the Congress."

STUDY OF SUBSTANCES DISCHARGED FROM EXHAUSTS OF MOTOR VEHICLES

Pub. L. 86-493, June 8, 1960, 74 Stat. 162, directed Surgeon

General of Public Health Service to conduct a thorough study for

purposes of determining, with respect to the various substances

discharged from exhausts of motor vehicles, the amounts and kinds

of such substances which, from the standpoint of human health, it

is safe for motor vehicles to discharge into the atmosphere under

the various conditions under which such vehicles may operate, and,

not later than two years after June 8, 1960, submit to Congress a

report on results of the study, together with such recommendations,

if any, based upon the findings made in such study, as he deemed

necessary for the protection of the public health.

-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 "precursors,".

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

-End-

-CITE-

42 USC Sec. 7404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7404. Research relating to fuels and vehicles

-STATUTE-

(a) Research programs; grants; contracts; pilot and demonstration

plants; byproducts research

The Administrator shall give special emphasis to research and

development into new and improved methods, having industry-wide

application, for the prevention and control of air pollution

resulting from the combustion of fuels. In furtherance of such

research and development he shall -

(1) conduct and accelerate research programs directed toward

development of improved, cost-effective techniques for -

(A) control of combustion byproducts of fuels,

(B) removal of potential air pollutants from fuels prior to

combustion,

(D) improving the efficiency of fuels combustion so as to

decrease atmospheric emissions, and

(E) producing synthetic or new fuels which, when used, result

in decreased atmospheric emissions.

(2) provide for Federal grants to public or nonprofit agencies,

institutions, and organizations and to individuals, and contracts

with public or private agencies, institutions, or persons, for

payment of (A) part of the cost of acquiring, constructing, or

otherwise securing for research and development purposes, new or

improved devices or methods having industrywide application of

preventing or controlling discharges into the air of various

types of pollutants; (B) part of the cost of programs to develop

low emission alternatives to the present internal combustion

engine; (C) the cost to purchase vehicles and vehicle engines, or

portions thereof, for research, development, and testing

purposes; and (D) carrying out the other provisions of this

section, without regard to section 3324(a) and (b) of title 31

and section 5 of title 41: Provided, That research or

demonstration contracts awarded pursuant to this subsection

(including contracts for construction) may be made in accordance

with, and subject to the limitations provided with respect to

research contracts of the military departments in, section 2353

of title 10, except that the determination, approval, and

certification required thereby shall be made by the

Administrator; Provided further, That no grant may be made under

this paragraph in excess of $1,500,000;

(3) determine, by laboratory and pilot plant testing, the

results of air pollution research and studies in order to develop

new or improved processes and plant designs to the point where

they can be demonstrated on a large and practical scale;

(4) construct, operate, and maintain, or assist in meeting the

cost of the construction, operation, and maintenance of new or

improved demonstration plants or processes which have promise of

accomplishing the purposes of this chapter;

(5) study new or improved methods for the recovery and

marketing of commercially valuable byproducts resulting from the

removal of pollutants.

(b) Powers of Administrator in establishing research and

development programs

In carrying out the provisions of this section, the Administrator

may -

(1) conduct and accelerate research and development of

cost-effective instrumentation techniques to facilitate

determination of quantity and quality of air pollutant emissions,

including, but not limited to, automotive emissions;

(2) utilize, on a reimbursable basis, the facilities of

existing Federal scientific laboratories;

(3) establish and operate necessary facilities and test sites

at which to carry on the research, testing, development, and

programming necessary to effectuate the purposes of this section;

(4) acquire secret processes, technical data, inventions,

patent applications, patents, licenses, and an interest in lands,

plants, and facilities, and other property or rights by purchase,

license, lease, or donation; and

(5) cause on-site inspections to be made of promising domestic

and foreign projects, and cooperate and participate in their

development in instances in which the purposes of the chapter

will be served thereby.

The Administrator shall conduct a research program to identify,

characterize, and predict air emissions related to the production,

distribution, storage, and use of clean alternative fuels to

determine the risks and benefits to human health and the

environment relative to those from using conventional gasoline and

diesel fuels. The Administrator shall consult with other Federal

agencies to ensure coordination and to avoid duplication of

activities authorized under this subsection.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 104, as added Pub. L.

90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 487; amended Pub. L.

91-137, Dec. 5, 1969, 83 Stat. 283; Pub. L. 91-604, Secs. 2(b),

(c), 13(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1676, 1677, 1709,

1713; Pub. L. 93-15, Sec. 1(a), Apr. 9, 1973, 87 Stat. 11; Pub. L.

93-319, Sec. 13(a), June 22, 1974, 88 Stat. 265; Pub. L. 101-549,

title IX, Sec. 901(d), Nov. 15, 1990, 104 Stat. 2706.)

-COD-

CODIFICATION

In subsec. (a)(2), "section 3324(a) and (b) of title 31"

substituted for reference to section 3648 of the Revised Statutes

(31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

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

-MISC1-

PRIOR PROVISIONS

A prior section 104 of act July 14, 1955, was renumbered section

105 by Pub. L. 90-148 and is classified to section 7405 of this

title.

AMENDMENTS

1990 - Subsecs. (a)(1), (b)(1). Pub. L. 101-549, Sec. 901(d)(1),

substituted "cost-effective" for "low-cost".

Subsec. (c). Pub. L. 101-549, Sec. 901(d)(2), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "For

the purposes of this section there are authorized to be

appropriated $75,000,000 for the fiscal year ending June 30, 1971,

$125,000,000 for the fiscal year ending June 30, 1972, $150,000,000

for the fiscal year ending June 30, 1973, and $150,000,000 for the

fiscal year ending June 30, 1974, and $150,000,000 for the fiscal

year ending June 30, 1975. Amounts appropriated pursuant to this

subsection shall remain available until expended."

1974 - Subsec. (c). Pub. L. 93-319 authorized appropriation of

$150,000,000 for fiscal year ending June 30, 1975.

1973 - Subsec. (c). Pub. L. 93-15 authorized appropriation of

$150,000,000 for fiscal year ending June 30, 1974.

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

"Administrator" for "Secretary".

Subsec. (a)(1). Pub. L. 91-604, Sec. 2(b), inserted provisions

authorizing research programs directed toward development of

techniques for improving the efficiency of fuels combustion so as

to decrease atmospheric emissions, and producing synthetic or new

fuels which result in decreased atmospheric emissions.

Subsec. (a)(2). Pub. L. 91-604, Sec. 2(c), added cls. (B) and (C)

and redesignated former cl. (B) as (D).

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

"Administrator" for "Secretary".

Subsec. (c). Pub. L. 91-604, Sec. 13(a), substituted provisions

authorizing appropriations for fiscal years ending June 30, 1971,

1972, and 1973, for provisions authorizing appropriations for

fiscal years ending June 30, 1968 and 1969.

1969 - Subsec. (c). Pub. L. 91-137 authorized appropriation of

$45,000,000 for fiscal year ending June 30, 1970.

HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM

Section 807 of Pub. L. 101-549 provided that: "The Administrator

of the Environmental Protection Agency, in conjunction with the

National Aeronautics and Space Administration and the Department of

Energy, shall conduct a study and test program on the development

of a hydrogen fuel cell electric vehicle. The study and test

program shall determine how best to transfer existing NASA hydrogen

fuel cell technology into the form of a mass-producible, cost

effective hydrogen fuel cell vehicle. Such study and test program

shall include at a minimum a feasibility-design study, the

construction of a prototype, and a demonstration. This study and

test program should be completed and a report submitted to Congress

within 3 years after the enactment of the Clean Air Act Amendments

of 1990 [Nov. 15, 1990]. This study and test program should be

performed in the university or universities which are best

exhibiting the facilities and expertise to develop such a fuel cell

vehicle."

COMBUSTION OF CONTAMINATED USED OIL IN SHIPS

Section 813 of Pub. L. 101-549 provided that: "Within 2 years

after the enactment of the Clean Air Act Amendments of 1990 [Nov.

15, 1990], the Administrator of the Environmental Protection Agency

shall complete a study and submit a report to Congress evaluating

the health and environmental impacts of the combustion of

contaminated used oil in ships, the reasons for using such oil for

such purposes, the alternatives to such use, the costs of such

alternatives, and other relevant factors and impacts. In preparing

such study, the Administrator shall obtain the view and comments of

all interested persons and shall consult with the Secretary of

Transportation and the Secretary of the department in which the

Coast Guard is operating."

EXTENSION TO AUG. 31, 1970 OF AUTHORIZATION PERIOD FOR FISCAL YEAR

1970

Pub. L. 91-316, July 10, 1970, 84 Stat. 416, provided in part

that the authorization contained in section 104(c) of the Clean Air

Act [subsec. (c) of this section] for the fiscal year ending June

30, 1970, should remain available through Aug. 31, 1970,

notwithstanding any provisions of this section.

-End-

-CITE-

42 USC Sec. 7405 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7405. Grants for support of air pollution planning and control

programs

-STATUTE-

(a) Amounts; limitations; assurances of plan development capability

(1)(A) The Administrator may make grants to air pollution control

agencies, within the meaning of paragraph (1), (2), (3), (4), or

(5) of section 7602 of this title, in an amount up to three-fifths

of the cost of implementing programs for the prevention and control

of air pollution or implementation of national primary and

secondary ambient air quality standards. For the purpose of this

section, "implementing" means any activity related to the planning,

developing, establishing, carrying-out, improving, or maintaining

of such programs.

(B) Subject to subsections (b) and (c) of this section, an air

pollution control agency which receives a grant under subparagraph

(A) and which contributes less than the required two-fifths minimum

shall have 3 years following November 15, 1990, in which to

contribute such amount. If such an agency fails to meet and

maintain this required level, the Administrator shall reduce the

amount of the Federal contribution accordingly.

thereof for which there is an applicable implementation plan under

section 7410 of this title, grants under subparagraph (A) may be

made only to air pollution control agencies which have substantial

responsibilities for carrying out such applicable implementation

plan.

(2) Before approving any grant under this subsection to any air

pollution control agency within the meaning of sections 7602(b)(2)

and 7602(b)(4) of this title, the Administrator shall receive

assurances that such agency provides for adequate representation of

appropriate State, interstate, local, and (when appropriate)

international, interests in the air quality control region.

(3) Before approving any planning grant under this subsection to

any air pollution control agency within the meaning of sections

7602(b)(2) and 7602(b)(4) of this title, the Administrator shall

receive assurances that such agency has the capability of

developing a comprehensive air quality plan for the air quality

control region, which plan shall include (when appropriate) a

recommended system of alerts to avert and reduce the risk of

situations in which there may be imminent and serious danger to the

public health or welfare from air pollutants and the various

aspects relevant to the establishment of air quality standards for

such air quality control region, including the concentration of

industries, other commercial establishments, population and

naturally occurring factors which shall affect such standards.

(b) Terms and conditions; regulations; factors for consideration;

State expenditure limitations

(1) From the sums available for the purposes of subsection (a) of

this section for any fiscal year, the Administrator shall from time

to time make grants to air pollution control agencies upon such

terms and conditions as the Administrator may find necessary to

carry out the purpose of this section. In establishing regulations

for the granting of such funds the Administrator shall, so far as

practicable, give due consideration to (A) the population, (B) the

extent of the actual or potential air pollution problem, and (C)

the financial need of the respective agencies.

(2) Not more than 10 per centum of the total of funds

appropriated or allocated for the purposes of subsection (a) of

this section shall be granted for air pollution control programs in

any one State. In the case of a grant for a program in an area

crossing State boundaries, the Administrator shall determine the

portion of such grant that is chargeable to the percentage

limitation under this subsection for each State into which such

area extends. Subject to the provisions of paragraph (1) of this

subsection, no State shall have made available to it for

application less than one-half of 1 per centum of the annual

appropriation for grants under this section for grants to agencies

within such State.

(1) No agency shall receive any grant under this section during

any fiscal year when its expenditures of non-Federal funds for

recurrent expenditures for air pollution control programs will be

less than its expenditures were for such programs during the

preceding fiscal year. In order for the Administrator to award

grants under this section in a timely manner each fiscal year, the

Administrator shall compare an agency's prospective expenditure

level to that of its second preceding fiscal year. The

Administrator shall revise the current regulations which define

applicable nonrecurrent and recurrent expenditures, and in so

doing, give due consideration to exempting an agency from the

limitations of this paragraph and subsection (a) of this section

due to periodic increases experienced by that agency from time to

time in its annual expenditures for purposes acceptable to the

Administrator for that fiscal year.

(2) The Administrator may still award a grant to an agency not

meeting the requirements of paragraph (l) (!1) of this subsection

if the Administrator, after notice and opportunity for public

hearing, determines that a reduction in expenditures is

attributable to a non-selective reduction in the expenditures in

the programs of all Executive branch agencies of the applicable

unit of Government. No agency shall receive any grant under this

section with respect to the maintenance of a program for the

prevention and control of air pollution unless the Administrator is

satisfied that such a grant will be so used to supplement and, to

the extent practicable, increase the level of State, local, or

other non-Federal funds. No grants shall be made under this section

until the Administrator has consulted with the appropriate official

as designated by the Governor or Governors of the State or States

affected.

(d) Reduction of payments; availability of reduced amounts; reduced

amount as deemed paid to agency for purpose of determining amount

of grant

The Administrator, with the concurrence of any recipient of a

grant under this section, may reduce the payments to such recipient

by the amount of the pay, allowances, traveling expenses, and any

other costs in connection with the detail of any officer or

employee to the recipient under section 7601 of this title, when

such detail is for the convenience of, and at the request of, such

recipient and for the purpose of carrying out the provisions of

this chapter. The amount by which such payments have been reduced

shall be available for payment of such costs by the Administrator,

but shall, for the purpose of determining the amount of any grant

to a recipient under subsection (a) of this section, be deemed to

have been paid to such agency.

(e) Notice and opportunity for hearing when affected by adverse

action

No application by a State for a grant under this section may be

disapproved by the Administrator without prior notice and

opportunity for a public hearing in the affected State, and no

commitment or obligation of any funds under any such grant may be

revoked or reduced without prior notice and opportunity for a

public hearing in the affected State (or in one of the affected

States if more than one State is affected).

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 105, formerly Sec. 4, as

added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 395;

renumbered Sec. 104 and amended Pub. L. 89-272, title I, Sec.

101(2)-(4), Oct. 20, 1965, 79 Stat. 992; Pub. L. 89-675, Sec. 3,

Oct. 15, 1966, 80 Stat. 954; renumbered Sec. 105 and amended Pub.

L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 489; Pub. L. 91-604,

Secs. 3(a), (b)(1), 15(c)(2), Dec. 31, 1970, 84 Stat. 1677, 1713;

Pub. L. 95-95, title I, Sec. 102, title III, Sec. 305(b), Aug. 7,

1977, 91 Stat. 687, 776; Pub. L. 101-549, title VIII, Sec.

802(a)-(e), Nov. 15, 1990, 104 Stat. 2687, 2688.)

-COD-

CODIFICATION

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

-MISC1-

PRIOR PROVISIONS

A prior section 105 of act July 14, 1955, was renumbered section

108 by Pub. L. 90-148 and is classified to section 7415 of this

title.

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

section were contained in a prior section 1857d of this title, act

July 14, 1955, ch. 360, Sec. 5, 69 Stat. 322, as amended Sept. 22,

1959, Pub. L. 86-365, Sec. 1, 73 Stat. 646; Oct. 9, 1962, Pub. L.

87-761, Sec. 1, 76 Stat. 760, prior to the general amendment by

Pub. L. 88-206.

AMENDMENTS

1990 - Subsec. (a)(1)(A), (B). Pub. L. 101-549, Sec. 802(a),

amended subpars. (A) and (B) generally. Prior to amendment,

subpars. (A) and (B) read as follows:

"(A) The Administrator may make grants to air pollution control

agencies in an amount up to two-thirds of the cost of planning,

developing, establishing, or improving, and up to one-half of the

cost of maintaining, programs for the prevention and control of air

pollution or implementation of national primary and secondry [sic]

ambient air quality standards.

"(B) Subject to subparagraph (C), the Administrator may make

grants to air pollution control agencies within the meaning of

paragraph (1), (2), or (4) of section 7602(b) of this title in an

amount up to three-fourths of the cost of planning, developing,

establishing, or improving, and up to three-fifths of the cost of

maintaining, any program for the prevention and control of air

pollution or implementation of national primary and secondary

ambient air quality standards in an area that includes two or more

municipalities, whether in the same or different States."

Subsec. (a)(1)(C). Pub. L. 101-549, Sec. 802(b), substituted

"subparagraph (A)" for "subparagraph (B)".

Subsec. (b)(1). Pub. L. 101-549, Sec. 802(c), designated existing

provisions of subsec. (b) as par. (1), redesignated former cls. (1)

to (3) as cls. (A) to (C), respectively, and struck out at end "No

agency shall receive any grant under this section during any fiscal

year when its expenditures of non-Federal funds for other than

nonrecurrent expenditures for air pollution control programs will

be less than its expenditures were for such programs during the

preceding fiscal year, unless the Administrator, after notice and

opportunity for public hearing, determines that a reduction in

expenditures is attributable to a nonselective reduction in

expenditures in the programs of all executive branch agencies of

the applicable unit of Government; and no agency shall receive any

grant under this section with respect to the maintenance of a

program for the prevention and control of air pollution unless the

Administrator is satisfied that such grant will be so used to

supplement and, to the extent practicable, increase the level of

State, local, or other non-Federal funds that would in the absence

of such grant be made available for the maintenance of such

program, and will in no event supplant such State, local, or other

non-Federal funds. No grant shall be made under this section until

the Administrator has consulted with the appropriate official as

designated by the Governor or Governors of the State or States

affected."

Subsec. (b)(2). Pub. L. 101-549, Sec. 802(d), redesignated

subsec. (c) as subsec. (b)(2) and substituted "Subject to the

provisions of paragraph (1) of this subsection, no State shall have

made available to it for application less than one-half of 1 per

centum of the annual appropriation for grants under this section

for grants to agencies within such State." for "In fiscal year 1978

and subsequent fiscal years, subject to the provisions of

subsection (b) of this section, no State shall receive less than

one-half of 1 per centum of the annual appropriation for grants

under this section for grants to agencies within such State."

Subsec. (c). Pub. L. 101-549, Sec. 802(e), added subsec. (c).

Former subsec. (c) redesignated (b)(2).

1977 - Subsec. (b). Pub. L. 95-95, Sec. 102(a), inserted ",

unless the Administrator, after notice and opportunity for hearing,

determines that a reduction in expenditures is attributable to a

nonselective reduction in expenditures in the programs of all

executive branch agencies of the applicable unit of Government"

after "will be less than its expenditures were for such programs

during the preceding fiscal year".

Subsec. (c). Pub. L. 95-95, Sec. 102(b), provided that in fiscal

year 1978 and subsequent fiscal years, subject to provisions of

subsec. (b) of this section, no State shall receive less than

one-half of 1 per centum of the annual appropriation for grants

under this section for grants to agencies within such State.

Subsec. (e). Pub. L. 95-95, Sec. 305(b), added subsec. (e).

1970 - Subsec. (a)(1). Pub. L. 91-604, Sec. 3(a), substituted

provisions authorizing the Administrator to make grants, for

provisions authorizing the Secretary to make grants, and provisions

authorizing grants for programs implementing national primary and

secondary ambient air quality standards, for provisions authorizing

grants for programs implementing air quality standards authorized

by this subchapter, and inserted the provision requiring grants to

air pollution control agencies be made to agencies having

substantial responsibilities for carrying out the applicable

implementation plan with respect to the air quality control region

or portion thereof.

Subsecs. (a)(2), (3), (b), (c). Pub. L. 91-604, Sec. 15(c)(2),

substituted "Administrator" for "Secretary" wherever appearing.

Subsec. (d). Pub. L. 91-604, Sec. 3(b)(1), added subsec. (d).

1967 - Subsec. (a). Pub. L. 90-148 designated existing provisions

as par. (1), substituted "regional air quality control program" for

"regional air pollution control program," added planning to list of

authorized activities, and added programs for implementation of air

quality standards authorized by this chapter to list of authorized

programs, and added pars. (2) and (3).

Subsec. (b). Pub. L. 90-148 made minor changes in the order of

provisions.

Subsec. (c). Pub. L. 90-148 reduced percentage limitation on

portion of total funds which might be granted for air pollution

control programs in any one State from 12 1/2 per centum to 10 per

centum.

1966 - Subsec. (a). Pub. L. 89-675, Sec. 3(a)(1), struck out

provisions limiting available funds to 20 per centum of sums

appropriated annually for purpose of this subchapter, inserted

provisions allowing grants to air pollution control agencies up to

one-half of cost of maintaining programs for prevention and control

of air pollution, and authorized Secretary to make grants of up to

three-fifths of cost of maintaining regional air pollution control

programs.

Subsec. (b). Pub. L. 89-675, Sec. 3(a)(2), substituted "for the

purpose of" for "under", permitted grantees to reduce annual

expenditures to the extent that nonrecurrent costs are involved for

purposes of application of the provision that no agency may receive

grants during any fiscal year when its expenditures of non-Federal

funds for air pollution control programs are less than its

expenditures for such programs during the preceding year, and

inserted provisions insuring that Federal funds will in no event be

used to supplant State or local government funds in maintaining air

pollution control programs.

Subsec. (c). Pub. L. 89-675, Sec. 3(b), substituted "total of

funds appropriated or allocated for the purposes of subsection (a)

of this section shall be granted for air pollution control

programs" for "grant funds available under subsection (a) of this

section shall be expended" and authorized the Secretary to

determine the portion of grants to interstate agencies to be

charged against the twelve and one-half percent limitation of grant

funds to any one State.

1965 - Subsec. (a). Pub. L. 89-272 substituted "this title" for

"this Act", which for purposes of codification has been changed to

"this subchapter", and "section 302(b)(2) and (4)" for "section

9(b)(2) and (4)", which for purposes of codification has been

changed to "section 7602(b)(2) and (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.

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 7509, 7601 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 7406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7406. Interstate air quality agencies; program cost

limitations

-STATUTE-

For the purpose of developing implementation plans for any

interstate air quality control region designated pursuant to

section 7407 of this title or of implementing section 7506a of this

title (relating to control of interstate air pollution) or section

7511c of this title (relating to control of interstate ozone

pollution), the Administrator is authorized to pay, for two years,

up to 100 per centum of the air quality planning program costs of

any commission established under section 7506a of this title

(relating to control of interstate air pollution) or section 7511c

of this title (relating to control of interstate ozone pollution)

or any agency designated by the Governors of the affected States,

which agency shall be capable of recommending to the Governors

plans for implementation of national primary and secondary ambient

air quality standards and shall include representation from the

States and appropriate political subdivisions within the air

quality control region. After the initial two-year period the

Administrator is authorized to make grants to such agency or such

commission in an amount up to three-fifths of the air quality

implementation program costs of such agency or commission.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 106, as added Pub. L.

90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 490; amended Pub. L.

91-604, Sec. 3(c), Dec. 31, 1970, 84 Stat. 1677; Pub. L. 101-549,

title I, Sec. 102(f)(2), title VIII, Sec. 802(f), Nov. 15, 1990,

104 Stat. 2420, 2688.)

-COD-

CODIFICATION

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

-MISC1-

PRIOR PROVISIONS

A prior section 106 of act July 14, 1955, was renumbered section

117 by Pub. L. 91-604 and is classified to section 7417 of this

title.

AMENDMENTS

1990 - Pub. L. 101-549, Sec. 102(f)(2)(A), inserted "or of

implementing section 7506a of this title (relating to control of

interstate air pollution) or section 7511c of this title (relating

to control of interstate ozone pollution)" after "section 7407 of

this title".

Pub. L. 101-549, Sec. 102(f)(2)(B), which directed insertion of

"any commission established under section 7506a of this title

(relating to control of interstate air pollution) or section 7511c

of this title (relating to control of interstate ozone pollution)

or" after "program costs of", was executed by making the insertion

after that phrase the first place it appeared to reflect the

probable intent of Congress.

Pub. L. 101-549, Sec. 102(f)(2)(C), which directed insertion of

"or such commission" after "such agency" in last sentence, was

executed by making insertion after "such agency" the first place it

appeared in the last sentence to reflect the probable intent of

Congress.

Pub. L. 101-549, Secs. 102(f)(2)(D), 802(f), substituted

"three-fifths of the air quality implementation program costs of

such agency or commission" for "three-fourths of the air quality

planning program costs of such agency".

1970 - Pub. L. 91-604 struck out designation "(a)", substituted

provisions authorizing Federal grants for the purpose of developing

implementation plans and provisions requiring the designated State

agency to be capable of recommending plans for implementation of

national primary and secondary ambient air quality standards, for

provisions authorizing Federal grants for the purpose of expediting

the establishment of air quality standards and provisions requiring

the designated State agency to be capable of recommending standards

of air quality and plans for implementation thereof, respectively,

and struck out subsec. (b) which authorized establishment of air

quality planning commissions.

-End-

-CITE-

42 USC Sec. 7407 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7407. Air quality control regions

-STATUTE-

(a) Responsibility of each State for air quality; submission of

implementation plan

Each State shall have the primary responsibility for assuring air

quality within the entire geographic area comprising such State by

submitting an implementation plan for such State which will specify

the manner in which national primary and secondary ambient air

quality standards will be achieved and maintained within each air

quality control region in such State.

(b) Designated regions

For purposes of developing and carrying out implementation plans

under section 7410 of this title -

(1) an air quality control region designated under this section

before December 31, 1970, or a region designated after such date

under subsection (c) of this section, shall be an air quality

control region; and

(2) the portion of such State which is not part of any such

designated region shall be an air quality control region, but

such portion may be subdivided by the State into two or more air

quality control regions with the approval of the Administrator.

of Governors of affected States

The Administrator shall, within 90 days after December 31, 1970,

after consultation with appropriate State and local authorities,

designate as an air quality control region any interstate area or

major intrastate area which he deems necessary or appropriate for

the attainment and maintenance of ambient air quality standards.

The Administrator shall immediately notify the Governors of the

affected States of any designation made under this subsection.

(d) Designations

(1) Designations generally

(A) Submission by Governors of initial designations following

promulgation of new or revised standards

By such date as the Administrator may reasonably require, but

not later than 1 year after promulgation of a new or revised

national ambient air quality standard for any pollutant under

section 7409 of this title, the Governor of each State shall

(and at any other time the Governor of a State deems

appropriate the Governor may) submit to the Administrator a

list of all areas (or portions thereof) in the State,

designating as -

(i) nonattainment, any area that does not meet (or that

contributes to ambient air quality in a nearby area that does

not meet) the national primary or secondary ambient air

quality standard for the pollutant,

(ii) attainment, any area (other than an area identified in

clause (i)) that meets the national primary or secondary

ambient air quality standard for the pollutant, or

(iii) unclassifiable, any area that cannot be classified on

the basis of available information as meeting or not meeting

the national primary or secondary ambient air quality

standard for the pollutant.

The Administrator may not require the Governor to submit the

required list sooner than 120 days after promulgating a new or

revised national ambient air quality standard.

(B) Promulgation by EPA of designations

(i) Upon promulgation or revision of a national ambient air

quality standard, the Administrator shall promulgate the

designations of all areas (or portions thereof) submitted under

subparagraph (A) as expeditiously as practicable, but in no

case later than 2 years from the date of promulgation of the

new or revised national ambient air quality standard. Such

period may be extended for up to one year in the event the

Administrator has insufficient information to promulgate the

designations.

(ii) In making the promulgations required under clause (i),

the Administrator may make such modifications as the

Administrator deems necessary to the designations of the areas

(or portions thereof) submitted under subparagraph (A)

(including to the boundaries of such areas or portions

thereof). Whenever the Administrator intends to make a

modification, the Administrator shall notify the State and

provide such State with an opportunity to demonstrate why any

proposed modification is inappropriate. The Administrator shall

give such notification no later than 120 days before the date

the Administrator promulgates the designation, including any

modification thereto. If the Governor fails to submit the list

in whole or in part, as required under subparagraph (A), the

Administrator shall promulgate the designation that the

Administrator deems appropriate for any area (or portion

thereof) not designated by the State.

(iii) If the Governor of any State, on the Governor's own

motion, under subparagraph (A), submits a list of areas (or

portions thereof) in the State designated as nonattainment,

attainment, or unclassifiable, the Administrator shall act on

such designations in accordance with the procedures under

paragraph (3) (relating to redesignation).

(iv) A designation for an area (or portion thereof) made

pursuant to this subsection shall remain in effect until the

area (or portion thereof) is redesignated pursuant to paragraph

(3) or (4).

(i) Any area designated with respect to any air pollutant

under the provisions of paragraph (1)(A), (B), or (C) of this

subsection (as in effect immediately before November 15, 1990)

is designated, by operation of law, as a nonattainment area for

such pollutant within the meaning of subparagraph (A)(i).

(ii) Any area designated with respect to any air pollutant

under the provisions of paragraph (1)(E) (as in effect

immediately before November 15, 1990) is designated by

operation of law, as an attainment area for such pollutant

within the meaning of subparagraph (A)(ii).

(iii) Any area designated with respect to any air pollutant

under the provisions of paragraph (1)(D) (as in effect

immediately before November 15, 1990) is designated, by

operation of law, as an unclassifiable area for such pollutant

within the meaning of subparagraph (A)(iii).

(2) Publication of designations and redesignations

(A) The Administrator shall publish a notice in the Federal

or announcing any designation under paragraph (4), or

promulgating any redesignation under paragraph (3).

(B) Promulgation or announcement of a designation under

paragraph (1), (4) or (5) shall not be subject to the provisions

of sections 553 through 557 of title 5 (relating to notice and

comment), except nothing herein shall be construed as precluding

such public notice and comment whenever possible.

(3) Redesignation

(A) Subject to the requirements of subparagraph (E), and on the

basis of air quality data, planning and control considerations,

or any other air quality-related considerations the Administrator

deems appropriate, the Administrator may at any time notify the

Governor of any State that available information indicates that

the designation of any area or portion of an area within the

State or interstate area should be revised. In issuing such

notification, which shall be public, to the Governor, the

Administrator shall provide such information as the Administrator

may have available explaining the basis for the notice.

(B) No later than 120 days after receiving a notification under

subparagraph (A), the Governor shall submit to the Administrator

such redesignation, if any, of the appropriate area (or areas) or

portion thereof within the State or interstate area, as the

Governor considers appropriate.

subparagraph (B) (or paragraph (1)(B)(iii)), the Administrator

shall promulgate the redesignation, if any, of the area or

portion thereof, submitted by the Governor in accordance with

subparagraph (B), making such modifications as the Administrator

may deem necessary, in the same manner and under the same

procedure as is applicable under clause (ii) of paragraph (1)(B),

except that the phrase "60 days" shall be substituted for the

phrase "120 days" in that clause. If the Governor does not

submit, in accordance with subparagraph (B), a redesignation for

an area (or portion thereof) identified by the Administrator

under subparagraph (A), the Administrator shall promulgate such

redesignation, if any, that the Administrator deems appropriate.

(D) The Governor of any State may, on the Governor's own

motion, submit to the Administrator a revised designation of any

area or portion thereof within the State. Within 18 months of

receipt of a complete State redesignation submittal, the

Administrator shall approve or deny such redesignation. The

submission of a redesignation by a Governor shall not affect the

effectiveness or enforceability of the applicable implementation

plan for the State.

(E) The Administrator may not promulgate a redesignation of a

nonattainment area (or portion thereof) to attainment unless -

(i) the Administrator determines that the area has attained

the national ambient air quality standard;

(ii) the Administrator has fully approved the applicable

implementation plan for the area under section 7410(k) of this

title;

(iii) the Administrator determines that the improvement in

air quality is due to permanent and enforceable reductions in

emissions resulting from implementation of the applicable

implementation plan and applicable Federal air pollutant

control regulations and other permanent and enforceable

reductions;

(iv) the Administrator has fully approved a maintenance plan

for the area as meeting the requirements of section 7505a of

this title; and

(v) the State containing such area has met all requirements

applicable to the area under section 7410 of this title and

part D of this subchapter.

(F) The Administrator shall not promulgate any redesignation of

any area (or portion thereof) from nonattainment to

unclassifiable.

(4) Nonattainment designations for ozone, carbon monoxide and

particulate matter (PM-10)

(A) Ozone and carbon monoxide

(i) Within 120 days after November 15, 1990, each Governor of

each State shall submit to the Administrator a list that

designates, affirms or reaffirms the designation of, or

redesignates (as the case may be), all areas (or portions

thereof) of the Governor's State as attainment, nonattainment,

or unclassifiable with respect to the national ambient air

quality standards for ozone and carbon monoxide.

(ii) No later than 120 days after the date the Governor is

required to submit the list of areas (or portions thereof)

required under clause (i) of this subparagraph, the

Administrator shall promulgate such designations, making such

modifications as the Administrator may deem necessary, in the

same manner, and under the same procedure, as is applicable

under clause (ii) of paragraph (1)(B), except that the phrase

"60 days" shall be substituted for the phrase "120 days" in

that clause. If the Governor does not submit, in accordance

with clause (i) of this subparagraph, a designation for an area

(or portion thereof), the Administrator shall promulgate the

designation that the Administrator deems appropriate.

(iii) No nonattainment area may be redesignated as an

attainment area under this subparagraph.

(iv) Notwithstanding paragraph (1)(C)(ii) of this subsection,

if an ozone or carbon monoxide nonattainment area located

within a metropolitan statistical area or consolidated

metropolitan statistical area (as established by the Bureau of

the Census) is classified under part D of this subchapter as a

Serious, Severe, or Extreme Area, the boundaries of such area

are hereby revised (on the date 45 days after such

classification) by operation of law to include the entire

metropolitan statistical area or consolidated metropolitan

statistical area, as the case may be, unless within such 45-day

period the Governor (in consultation with State and local air

pollution control agencies) notifies the Administrator that

additional time is necessary to evaluate the application of

clause (v). Whenever a Governor has submitted such a notice to

the Administrator, such boundary revision shall occur on the

later of the date 8 months after such classification or 14

months after November 15, 1990, unless the Governor makes the

finding referred to in clause (v), and the Administrator

concurs in such finding, within such period. Except as

otherwise provided in this paragraph, a boundary revision under

this clause or clause (v) shall apply for purposes of any State

implementation plan revision required to be submitted after

November 15, 1990.

(v) Whenever the Governor of a State has submitted a notice

under clause (iv), the Governor, in consultation with State and

local air pollution control agencies, shall undertake a study

to evaluate whether the entire metropolitan statistical area or

consolidated metropolitan statistical area should be included

within the nonattainment area. Whenever a Governor finds and

demonstrates to the satisfaction of the Administrator, and the

Administrator concurs in such finding, that with respect to a

portion of a metropolitan statistical area or consolidated

metropolitan statistical area, sources in the portion do not

contribute significantly to violation of the national ambient

air quality standard, the Administrator shall approve the

Governor's request to exclude such portion from the

nonattainment area. In making such finding, the Governor and

the Administrator shall consider factors such as population

density, traffic congestion, commercial development, industrial

development, meteorological conditions, and pollution

transport.

(B) PM-10 designations

By operation of law, until redesignation by the Administrator

pursuant to paragraph (3) -

(i) each area identified in 52 Federal Register 29383 (Aug.

7, 1987) as a Group I area (except to the extent that such

identification was modified by the Administrator before

November 15, 1990) is designated nonattainment for PM-10;

(ii) any area containing a site for which air quality

monitoring data show a violation of the national ambient air

quality standard for PM-10 before January 1, 1989 (as

determined under part 50, appendix K of title 40 of the Code

of Federal Regulations) is hereby designated nonattainment

for PM-10; and

(iii) each area not described in clause (i) or (ii) is

hereby designated unclassifiable for PM-10.

Any designation for particulate matter (measured in terms of

total suspended particulates) that the Administrator

promulgated pursuant to this subsection (as in effect

immediately before November 15, 1990) shall remain in effect

for purposes of implementing the maximum allowable increases in

concentrations of particulate matter (measured in terms of

total suspended particulates) pursuant to section 7473(b) of

this title, until the Administrator determines that such

designation is no longer necessary for that purpose.

(5) Designations for lead

The Administrator may, in the Administrator's discretion at any

time the Administrator deems appropriate, require a State to

designate areas (or portions thereof) with respect to the

national ambient air quality standard for lead in effect as of

November 15, 1990, in accordance with the procedures under

subparagraphs (A) and (B) of paragraph (1), except that in

applying subparagraph (B)(i) of paragraph (1) the phrase "2 years

from the date of promulgation of the new or revised national

ambient air quality standard" shall be replaced by the phrase "1

year from the date the Administrator notifies the State of the

requirement to designate areas with respect to the standard for

lead".

(e) Redesignation of air quality control regions

(1) Except as otherwise provided in paragraph (2), the Governor

of each State is authorized, with the approval of the

Administrator, to redesignate from time to time the air quality

control regions within such State for purposes of efficient and

effective air quality management. Upon such redesignation, the list

under subsection (d) of this section shall be modified accordingly.

(2) In the case of an air quality control region in a State, or

part of such region, which the Administrator finds may

significantly affect air pollution concentrations in another State,

the Governor of the State in which such region, or part of a

region, is located may redesignate from time to time the boundaries

of so much of such air quality control region as is located within

such State only with the approval of the Administrator and with the

consent of all Governors of all States which the Administrator

determines may be significantly affected.

(3) No compliance date extension granted under section 7413(d)(5)

(!1) of this title (relating to coal conversion) shall cease to be

effective by reason of the regional limitation provided in section

7413(d)(5) (!1) of this title if the violation of such limitation

is due solely to a redesignation of a region under this subsection.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 107, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L.

95-95, title I, Sec. 103, Aug. 7, 1977, 91 Stat. 687; Pub. L.

101-549, title I, Sec. 101(a), Nov. 15, 1990, 104 Stat. 2399.)

-REFTEXT-

REFERENCES IN TEXT

Section 7413 of this title, referred to in subsec. (e)(3), was

amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,

1990, 104 Stat. 2672, and, as so amended, subsec. (d) of section

7413 no longer relates to final compliance orders.

-COD-

CODIFICATION

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

-MISC1-

PRIOR PROVISIONS

A prior section 107 of act July 14, 1955, as added Nov. 21, 1967,

Pub. L. 90-148, Sec. 2, 81 Stat. 490, related to air quality

control regions and was classified to section 1857c-2 of this

title, prior to repeal by Pub. L. 91-604.

Another prior section 107 of act July 14, 1955, as added Dec. 17,

1963, Pub. L. 88-206, Sec. 1, 77 Stat. 399, was renumbered section

111 by Pub. L. 90-148 and is classified to section 7411 of this

title.

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-549 amended subsec. (d)

generally, substituting present provisions for provisions which

required States to submit lists of regions not in compliance on

Aug. 7, 1977, with certain air quality standards to be submitted to

the Administrator, and which authorized States to revise and

resubmit such lists from time to time.

1977 - Subsecs. (d), (e). Pub. L. 95-95 added subsecs. (d) and

(e).

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.

OZONE AND PARTICULATE MATTER STANDARDS

Pub. L. 105-178, title VI, June 9, 1998, 112 Stat. 463, provided

that:

"SEC. 6101. FINDINGS AND PURPOSE.

"(a) The Congress finds that -

"(1) there is a lack of air quality monitoring data for fine

particle levels, measured as PMG52.5, in the United States and

the States should receive full funding for the monitoring

efforts;

"(2) such data would provide a basis for designating areas as

attainment or nonattainment for any PMG52.5 national ambient air

quality standards pursuant to the standards promulgated in July

1997;

"(3) the President of the United States directed the

Administrator of the Environmental Protection Agency (referred to

in this title as the 'Administrator') in a memorandum dated July

16, 1997, to complete the next periodic review of the particulate

matter national ambient air quality standards by July 2002 in

order to determine 'whether to revise or maintain the standards';

"(4) the Administrator has stated that 3 years of air quality

monitoring data for fine particle levels, measured as PMG52.5

and performed in accordance with any applicable Federal reference

methods, is appropriate for designating areas as attainment or

nonattainment pursuant to the July 1997 promulgated standards;

and

"(5) the Administrator has acknowledged that in drawing

boundaries for attainment and nonattainment areas for the July

1997 ozone national air quality standards, Governors would

benefit from considering implementation guidance from EPA on

drawing area boundaries.

"(b) The purposes of this title are -

"(1) to ensure that 3 years of air quality monitoring data

regarding fine particle levels are gathered for use in the

determination of area attainment or nonattainment designations

respecting any PMG52.5 national ambient air quality standards;

"(2) to ensure that the Governors have adequate time to

consider implementation guidance from EPA on drawing area

boundaries prior to submitting area designations respecting the

July 1997 ozone national ambient air quality standards;

"(3) to ensure that the schedule for implementation of the July

1997 revisions of the ambient air quality standards for

particulate matter and the schedule for the Environmental

Protection Agency's visibility regulations related to regional

haze are consistent with the timetable for implementation of such

particulate matter standards as set forth in the President's

Implementation Memorandum dated July 16, 1997.

"SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM.

"(a) Through grants under section 103 of the Clean Air Act [42

U.S.C. 7403] the Administrator of the Environmental Protection

Agency shall use appropriated funds no later than fiscal year 2000

to fund 100 percent of the cost of the establishment, purchase,

operation and maintenance of a PMG52.5 monitoring network

necessary to implement the national ambient air quality standards

for PMG52.5 under section 109 of the Clean Air Act [42 U.S.C.

7409]. This implementation shall not result in a diversion or

reprogramming of funds from other Federal, State or local Clean Air

Act activities. Any funds previously diverted or reprogrammed from

section 105 Clean Air Act [42 U.S.C. 7405] grants for PMG52.5

monitors must be restored to State or local air programs in fiscal

year 1999.

"(b) EPA and the States, consistent with their respective

authorities under the Clean Air Act [42 U.S.C. 7401 et seq.], shall

ensure that the national network (designated in subsection (a))

which consists of the PMG52.5 monitors necessary to implement the

national ambient air quality standards is established by December

31, 1999.

"(c)(1) The Governors shall be required to submit designations

referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C.

7407(d)(1)] for each area following promulgation of the July 1997

PMG52.5 national ambient air quality standard within 1 year after

receipt of 3 years of air quality monitoring data performed in

accordance with any applicable Federal reference methods for the

relevant areas. Only data from the monitoring network designated in

subsection (a) and other Federal reference method PMG52.5 monitors

shall be considered for such designations. Nothing in the previous

sentence shall be construed as affecting the Governor's authority

to designate an area initially as nonattainment, and the

Administrator's authority to promulgate the designation of an area

as nonattainment, under section 107(d)(1) of the Clean Air Act,

based on its contribution to ambient air quality in a nearby

nonattainment area.

"(2) For any area designated as nonattainment for the July 1997

PMG52.5 national ambient air quality standard in accordance with

the schedule set forth in this section, notwithstanding the time

limit prescribed in paragraph (2) of section 169B(e) of the Clean

Air Act [42 U.S.C. 7492(e)(2)], the Administrator shall require

State implementation plan revisions referred to in such paragraph

(2) to be submitted at the same time as State implementation plan

revisions referred to in section 172 of the Clean Air Act [42

U.S.C. 7502] implementing the revised national ambient air quality

standard for fine particulate matter are required to be submitted.

For any area designated as attainment or unclassifiable for such

standard, the Administrator shall require the State implementation

plan revisions referred to in such paragraph (2) to be submitted 1

year after the area has been so designated. The preceding

provisions of this paragraph shall not preclude the implementation

of the agreements and recommendations set forth in the Grand Canyon

Visibility Transport Commission Report dated June 1996.

"(d) The Administrator shall promulgate the designations referred

to in section 107(d)(1) of the Clean Air Act [42 U.S.C. 7407(d)(1)]

for each area following promulgation of the July 1997 PMG52.5

national ambient air quality standard by the earlier of 1 year

after the initial designations required under subsection (c)(1) are

required to be submitted or December 31, 2005.

"(e) The Administrator shall conduct a field study of the ability

of the PMG52.5 Federal Reference Method to differentiate those

particles that are larger than 2.5 micrograms in diameter. This

study shall be completed and provided to the Committee on Commerce

[now Committee on Energy and Commerce] of the House of

Representatives and the Committee on Environment and Public Works

of the United States Senate no later than 2 years from the date of

enactment of this Act [June 9, 1998].

"SEC. 6103. OZONE DESIGNATION REQUIREMENTS.

"(a) The Governors shall be required to submit the designations

referred to in section 107(d)(1) of the Clean Air Act [42 U.S.C.

7407(d)(1)] within 2 years following the promulgation of the July

1997 ozone national ambient air quality standards.

"(b) The Administrator shall promulgate final designations no

later than 1 year after the designations required under subsection

(a) are required to be submitted.

"SEC. 6104. ADDITIONAL PROVISIONS.

"Nothing in sections 6101 through 6103 shall be construed by the

Administrator of Environmental Protection Agency or any court,

State, or person to affect any pending litigation or to be a

ratification of the ozone or PMG52.5 standards."

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 7406, 7429, 7471, 7472,

7477, 7501, 7502, 7505a, 7506, 7509, 7511, 7511e, 7512, 7513,

7513a, 7514, 7545, 7607, 7651d of this title; title 23 sections

101, 109, 149.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7408 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7408. Air quality criteria and control techniques

-STATUTE-

(a) Air pollutant list; publication and revision by Administrator;

issuance of air quality criteria for air pollutants

(1) For the purpose of establishing national primary and

secondary ambient air quality standards, the Administrator shall

within 30 days after December 31, 1970, publish, and shall from

time to time thereafter revise, a list which includes each air

pollutant -

(A) emissions of which, in his judgment, cause or contribute to

air pollution which may reasonably be anticipated to endanger

public health or welfare;

(B) the presence of which in the ambient air results from

numerous or diverse mobile or stationary sources; and

December 31, 1970 but for which he plans to issue air quality

criteria under this section.

(2) The Administrator shall issue air quality criteria for an air

pollutant within 12 months after he has included such pollutant in

a list under paragraph (1). Air quality criteria for an air

pollutant shall accurately reflect the latest scientific knowledge

useful in indicating the kind and extent of all identifiable

effects on public health or welfare which may be expected from the

presence of such pollutant in the ambient air, in varying

quantities. The criteria for an air pollutant, to the extent

practicable, shall include information on -

(A) those variable factors (including atmospheric conditions)

which of themselves or in combination with other factors may

alter the effects on public health or welfare of such air

pollutant;

(B) the types of air pollutants which, when present in the

atmosphere, may interact with such pollutant to produce an

adverse effect on public health or welfare; and

(b) Issuance by Administrator of information on air pollution

control techniques; standing consulting committees for air

pollutants; establishment; membership

(1) Simultaneously with the issuance of criteria under subsection

(a) of this section, the Administrator shall, after consultation

with appropriate advisory committees and Federal departments and

agencies, issue to the States and appropriate air pollution control

agencies information on air pollution control techniques, which

information shall include data relating to the cost of installation

and operation, energy requirements, emission reduction benefits,

and environmental impact of the emission control technology. Such

information shall include such data as are available on available

technology and alternative methods of prevention and control of air

pollution. Such information shall also include data on alternative

fuels, processes, and operating methods which will result in

elimination or significant reduction of emissions.

(2) In order to assist in the development of information on

pollution control techniques, the Administrator may establish a

standing consulting committee for each air pollutant included in a

list published pursuant to subsection (a)(1) of this section, which

shall be comprised of technically qualified individuals

representative of State and local governments, industry, and the

academic community. Each such committee shall submit, as

appropriate, to the Administrator information related to that

required by paragraph (1).

The Administrator shall from time to time review, and, as

appropriate, modify, and reissue any criteria or information on

control techniques issued pursuant to this section. Not later than

six months after August 7, 1977, the Administrator shall revise and

reissue criteria relating to concentrations of NOG22 over such

period (not more than three hours) as he deems appropriate. Such

criteria shall include a discussion of nitric and nitrous acids,

nitrites, nitrates, nitrosamines, and other carcinogenic and

potentially carcinogenic derivatives of oxides of nitrogen.

(d) Publication in Federal Register; availability of copies for

general public

The issuance of air quality criteria and information on air

pollution control techniques shall be announced in the Federal

(e) Transportation planning and guidelines

The Administrator shall, after consultation with the Secretary of

Transportation, and after providing public notice and opportunity

for comment, and with State and local officials, within nine months

after November 15, 1990,(!1) and periodically thereafter as

necessary to maintain a continuous transportation-air quality

planning process, update the June 1978 Transportation-Air Quality

Planning Guidelines and publish guidance on the development and

implementation of transportation and other measures necessary to

demonstrate and maintain attainment of national ambient air quality

standards. Such guidelines shall include information on -

(1) methods to identify and evaluate alternative planning and

control activities;

(2) methods of reviewing plans on a regular basis as conditions

change or new information is presented;

(3) identification of funds and other resources necessary to

implement the plan, including interagency agreements on providing

such funds and resources;

(4) methods to assure participation by the public in all phases

of the planning process; and

(5) such other methods as the Administrator determines

necessary to carry out a continuous planning process.

(f) Information regarding processes, procedures, and methods to

reduce or control pollutants in transportation; reduction of

mobile source related pollutants; reduction of impact on public

health

(1) The Administrator shall publish and make available to

appropriate Federal, State, and local environmental and

transportation agencies not later than one year after November 15,

1990, and from time to time thereafter -

(A) information prepared, as appropriate, in consultation with

the Secretary of Transportation, and after providing public

notice and opportunity for comment, regarding the formulation and

emission reduction potential of transportation control measures

related to criteria pollutants and their precursors, including,

but not limited to -

(i) programs for improved public transit;

(ii) restriction of certain roads or lanes to, or

construction of such roads or lanes for use by, passenger buses

or high occupancy vehicles;

(iii) employer-based transportation management plans,

including incentives;

(iv) trip-reduction ordinances;

(v) traffic flow improvement programs that achieve emission

reductions;

(vi) fringe and transportation corridor parking facilities

serving multiple occupancy vehicle programs or transit service;

(vii) programs to limit or restrict vehicle use in downtown

areas or other areas of emission concentration particularly

during periods of peak use;

(viii) programs for the provision of all forms of

high-occupancy, shared-ride services;

(ix) programs to limit portions of road surfaces or certain

sections of the metropolitan area to the use of non-motorized

vehicles or pedestrian use, both as to time and place;

(x) programs for secure bicycle storage facilities and other

facilities, including bicycle lanes, for the convenience and

protection of bicyclists, in both public and private areas;

(xi) programs to control extended idling of vehicles;

(xii) programs to reduce motor vehicle emissions, consistent

with subchapter II of this chapter, which are caused by extreme

cold start conditions;

(xiii) employer-sponsored programs to permit flexible work

schedules;

(xiv) programs and ordinances to facilitate non-automobile

travel, provision and utilization of mass transit, and to

generally reduce the need for single-occupant vehicle travel,

as part of transportation planning and development efforts of a

locality, including programs and ordinances applicable to new

shopping centers, special events, and other centers of vehicle

activity;

(xv) programs for new construction and major reconstructions

of paths, tracks or areas solely for the use by pedestrian or

other non-motorized means of transportation when economically

feasible and in the public interest. For purposes of this

clause, the Administrator shall also consult with the Secretary

of the Interior; and

(xvi) program to encourage the voluntary removal from use and

the marketplace of pre-1980 model year light duty vehicles and

pre-1980 model light duty trucks.

(B) information on additional methods or strategies that will

contribute to the reduction of mobile source related pollutants

during periods in which any primary ambient air quality standard

will be exceeded and during episodes for which an air pollution

alert, warning, or emergency has been declared;

reduce the impact on public health or protect the health of

sensitive or susceptible individuals or groups; and

(D) information on the extent to which any process, procedure,

or method to reduce or control such air pollutant may cause an

increase in the emissions or formation of any other pollutant.

(2) In publishing such information the Administrator shall also

include an assessment of -

(A) the relative effectiveness of such processes, procedures,

and methods;

(B) the potential effect of such processes, procedures, and

methods on transportation systems and the provision of

transportation services; and

processes, procedures, and methods.

(g) Assessment of risks to ecosystems

The Administrator may assess the risks to ecosystems from

exposure to criteria air pollutants (as identified by the

Administrator in the Administrator's sole discretion).

(h) RACT/BACT/LAER clearinghouse

The Administrator shall make information regarding emission

control technology available to the States and to the general

public through a central database. Such information shall include

all control technology information received pursuant to State plan

provisions requiring permits for sources, including operating

permits for existing sources.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 108, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1678; amended Pub. L.

95-95, title I, Secs. 104, 105, title IV, Sec. 401(a), Aug. 7,

1977, 91 Stat. 689, 790; Pub. L. 101-549, title I, Secs.

108(a)-(c), (o), 111, Nov. 15, 1990, 104 Stat. 2465, 2466, 2469,

2470; Pub. L. 105-362, title XV, Sec. 1501(b), Nov. 10, 1998, 112

Stat. 3294.)

-COD-

CODIFICATION

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

original "enactment of the Clean Air Act Amendments of 1989", and

was translated as meaning the date of the enactment of Pub. L.

101-549, popularly known as the Clean Air Act Amendments of 1990,

to reflect the probable intent of Congress.

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

-MISC1-

PRIOR PROVISIONS

A prior section 108 of act July 14, 1955, was renumbered section

115 by Pub. L. 91-604 and is classified to section 7415 of this

title.

AMENDMENTS

1998 - Subsec. (f)(3), (4). Pub. L. 105-362 struck out par. (3),

which required reports by the Secretary of Transportation and the

Administrator to be submitted to Congress by Jan. 1, 1993, and

every 3 years thereafter, reviewing and analyzing existing State

and local air quality related transportation programs, evaluating

achievement of goals, and recommending changes to existing

programs, and par. (4), which required that in each report after

the first report the Secretary of Transportation include a

description of the actions taken to implement the changes

recommended in the preceding report.

1990 - Subsec. (e). Pub. L. 101-549, Sec. 108(a), inserted first

sentence and struck out former first sentence which read as

follows: "The Administrator shall, after consultation with the

Secretary of Transportation and the Secretary of Housing and Urban

Development and State and local officials and within 180 days after

August 7, 1977, and from time to time thereafter, publish

guidelines on the basic program elements for the planning process

assisted under section 7505 of this title."

Subsec. (f)(1). Pub. L. 101-549, Sec. 108(b), in introductory

provisions, substituted present provisions for provisions relating

to Federal agencies, States, and air pollution control agencies

within either 6 months or one year after Aug. 7, 1977.

Subsec. (f)(1)(A). Pub. L. 101-549, Sec. 108(b), substituted

present provisions for provisions relating to information prepared

in cooperation with Secretary of Transportation, regarding

processes, procedures, and methods to reduce certain pollutants.

Subsec. (f)(3), (4). Pub. L. 101-549, Sec. 111, added pars. (3)

and (4).

Subsec. (g). Pub. L. 101-549, Sec. 108(o), added subsec. (g).

Subsec. (h). Pub. L. 101-549, Sec. 108(c), added subsec. (h).

1977 - Subsec. (a)(1)(A). Pub. L. 95-95, Sec. 401(a), substituted

"emissions of which, in his judgment, cause or contribute to air

pollution which may reasonably be anticipated to endanger public

health or welfare" for "which in his judgment has an adverse effect

on public health or welfare".

Subsec. (b)(1). Pub. L. 95-95, Sec. 104(a), substituted "cost of

installation and operation, energy requirements, emission reduction

benefits, and environmental impact of the emission control

technology" for "technology and costs of emission control".

Subsec. (c). Pub. L. 95-95, Sec. 104(b), inserted provision

directing the Administrator, not later than six months after Aug.

7, 1977, to revise and reissue criteria relating to concentrations

of NOG22 over such period (not more than three hours) as he deems

appropriate, with the criteria to include a discussion of nitric

and nitrous acids, nitrites, nitrates, nitrosamines, and other

carcinogenic and potentially carcinogenic derivatives of oxides of

nitrogen.

Subsecs. (e), (f). Pub. L. 95-95, Sec. 105, added subsecs. (e)

and (f).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7403, 7409, 7411, 7412,

7417, 7422, 7504, 7508, 7511a, 7511b, 7513b, 7602 of this title;

title 23 sections 133, 149.

-FOOTNOTE-

(!1) See Codification note below.

-End-

-CITE-

42 USC Sec. 7409 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7409. National primary and secondary ambient air quality

standards

-STATUTE-

(a) Promulgation

(1) The Administrator -

(A) within 30 days after December 31, 1970, shall publish

proposed regulations prescribing a national primary ambient air

quality standard and a national secondary ambient air quality

standard for each air pollutant for which air quality criteria

have been issued prior to such date; and

(B) after a reasonable time for interested persons to submit

written comments thereon (but no later than 90 days after the

initial publication of such proposed standards) shall by

regulation promulgate such proposed national primary and

secondary ambient air quality standards with such modifications

as he deems appropriate.

(2) With respect to any air pollutant for which air quality

criteria are issued after December 31, 1970, the Administrator

shall publish, simultaneously with the issuance of such criteria

and information, proposed national primary and secondary ambient

air quality standards for any such pollutant. The procedure

provided for in paragraph (1)(B) of this subsection shall apply to

the promulgation of such standards.

(b) Protection of public health and welfare

(1) National primary ambient air quality standards, prescribed

under subsection (a) of this section shall be ambient air quality

standards the attainment and maintenance of which in the judgment

of the Administrator, based on such criteria and allowing an

adequate margin of safety, are requisite to protect the public

health. Such primary standards may be revised in the same manner as

promulgated.

(2) Any national secondary ambient air quality standard

prescribed under subsection (a) of this section shall specify a

level of air quality the attainment and maintenance of which in the

judgment of the Administrator, based on such criteria, is requisite

to protect the public welfare from any known or anticipated adverse

effects associated with the presence of such air pollutant in the

ambient air. Such secondary standards may be revised in the same

manner as promulgated.

dioxide

The Administrator shall, not later than one year after August 7,

1977, promulgate a national primary ambient air quality standard

for NOG22 concentrations over a period of not more than 3 hours

unless, based on the criteria issued under section 7408(c) of this

title, he finds that there is no significant evidence that such a

standard for such a period is requisite to protect public health.

(d) Review and revision of criteria and standards; independent

scientific review committee; appointment; advisory functions

(1) Not later than December 31, 1980, and at five-year intervals

thereafter, the Administrator shall complete a thorough review of

the criteria published under section 7408 of this title and the

national ambient air quality standards promulgated under this

section and shall make such revisions in such criteria and

standards and promulgate such new standards as may be appropriate

in accordance with section 7408 of this title and subsection (b) of

this section. The Administrator may review and revise criteria or

promulgate new standards earlier or more frequently than required

under this paragraph.

(2)(A) The Administrator shall appoint an independent scientific

review committee composed of seven members including at least one

member of the National Academy of Sciences, one physician, and one

person representing State air pollution control agencies.

(B) Not later than January 1, 1980, and at five-year intervals

thereafter, the committee referred to in subparagraph (A) shall

complete a review of the criteria published under section 7408 of

this title and the national primary and secondary ambient air

quality standards promulgated under this section and shall

recommend to the Administrator any new national ambient air quality

standards and revisions of existing criteria and standards as may

be appropriate under section 7408 of this title and subsection (b)

of this section.

areas in which additional knowledge is required to appraise the

adequacy and basis of existing, new, or revised national ambient

air quality standards, (ii) describe the research efforts necessary

to provide the required information, (iii) advise the Administrator

on the relative contribution to air pollution concentrations of

natural as well as anthropogenic activity, and (iv) advise the

Administrator of any adverse public health, welfare, social,

economic, or energy effects which may result from various

strategies for attainment and maintenance of such national ambient

air quality standards.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 109, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1679; amended Pub. L.

95-95, title I, Sec. 106, Aug. 7, 1977, 91 Stat. 691.)

-COD-

CODIFICATION

Section was formerly classified to section 1857c-4 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 109 of act July 14, 1955, was renumbered section

116 by Pub. L. 91-604 and is classified to section 7416 of this

title.

AMENDMENTS

1977 - Subsec. (c). Pub. L. 95-95, Sec. 106(b), added subsec.

(c).

Subsec. (d). Pub. L. 95-95, Sec. 106(a), added subsec. (d).

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.

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.

ROLE OF SECONDARY STANDARDS

Pub. L. 101-549, title VIII, Sec. 817, Nov. 15, 1990, 104 Stat.

2697, provided that:

"(a) Report. - The Administrator shall request the National

Academy of Sciences to prepare a report to the Congress on the role

of national secondary ambient air quality standards in protecting

welfare and the environment. The report shall:

"(1) include information on the effects on welfare and the

environment which are caused by ambient concentrations of

pollutants listed pursuant to section 108 [42 U.S.C. 7408] and

other pollutants which may be listed;

"(2) estimate welfare and environmental costs incurred as a

result of such effects;

"(3) examine the role of secondary standards and the State

implementation planning process in preventing such effects;

"(4) determine ambient concentrations of each such pollutant

which would be adequate to protect welfare and the environment

from such effects;

"(5) estimate the costs and other impacts of meeting secondary

standards; and

"(6) consider other means consistent with the goals and

objectives of the Clean Air Act [42 U.S.C. 7401 et seq.] which

may be more effective than secondary standards in preventing or

mitigating such effects.

"(b) Submission to Congress; Comments; Authorization. - (1) The

report shall be transmitted to the Congress not later than 3 years

after the date of enactment of the Clean Air Act Amendments of 1990

[Nov. 15, 1990].

"(2) At least 90 days before issuing a report the Administrator

shall provide an opportunity for public comment on the proposed

report. The Administrator shall include in the final report a

summary of the comments received on the proposed report.

"(3) There are authorized to be appropriated such sums as are

necessary to carry out this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7407, 7410, 7415, 7607,

7612, 7651d of this title; title 10 section 2259.

-End-

-CITE-

42 USC Sec. 7410 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - PROGRAMS AND ACTIVITIES

Part A - Air Quality and Emission Limitations

-HEAD-

Sec. 7410. State implementation plans for national primary and

secondary ambient air quality standards

-STATUTE-

(a) Adoption of plan by State; submission to Administrator; content

of plan; revision; new sources; indirect source review program;

supplemental or intermittent control systems

(1) Each State shall, after reasonable notice and public

hearings, adopt and submit to the Administrator, within 3 years (or

such shorter period as the Administrator may prescribe) after the

promulgation of a national primary ambient air quality standard (or

any revision thereof) under section 7409 of this title for any air

pollutant, a plan which provides for implementation, maintenance,

and enforcement of such primary standard in each air quality

control region (or portion thereof) within such State. In addition,

such State shall adopt and submit to the Administrator (either as a

part of a plan submitted under the preceding sentence or

separately) within 3 years (or such shorter period as the

Administrator may prescribe) after the promulgation of a national

ambient air quality secondary standard (or revision thereof), a

plan which provides for implementation, maintenance, and

enforcement of such secondary standard in each air quality control

region (or portion thereof) within such State. Unless a separate

public hearing is provided, each State shall consider its plan

implementing such secondary standard at the hearing required by the

first sentence of this paragraph.

(2) Each implementation plan submitted by a State under this

chapter shall be adopted by the State after reasonable notice and

public hearing. Each such plan shall -

(A) include enforceable emission limitations and other control

measures, means, or techniques (including economic incentives

such as fees, marketable permits, and auctions of emissions

rights), as well as schedules and timetables for compliance, as

may be necessary or appropriate to meet the applicable

requirements of this chapter;

(B) provide for establishment and operation of appropriate

devices, methods, systems, and procedures necessary to -

(i) monitor, compile, and analyze data on ambient air

quality, and

(ii) upon request, make such data available to the

Administrator;

measures described in subparagraph (A), and regulation of the

modification and construction of any stationary source within the

areas covered by the plan as necessary to assure that national

ambient air quality standards are achieved, including a permit

program as required in parts C and D of this subchapter;

(D) contain adequate provisions -

(i) prohibiting, consistent with the provisions of this

subchapter, any source or other type of emissions activity

within the State from emitting any air pollutant in amounts

which will -

(I) contribute significantly to nonattainment in, or

interfere with maintenance by, any other State with respect

to any such national primary or secondary ambient air quality

standard, or

(II) interfere with measures required to be included in the

applicable implementation plan for any other State under part

C of this subchapter to prevent significant deterioration of

air quality or to protect visibility,

(ii) insuring compliance with the applicable requirements of

sections 7426 and 7415 of this title (relating to interstate

and international pollution abatement);

(E) provide (i) necessary assurances that the State (or, except

where the Administrator deems inappropriate, the general purpose

local government or governments, or a regional agency designated

by the State or general purpose local governments for such

purpose) will have adequate personnel, funding, and authority

under State (and, as appropriate, local) law to carry out such

implementation plan (and is not prohibited by any provision of

Federal or State law from carrying out such implementation plan

or portion thereof), (ii) requirements that the State comply with

the requirements respecting State boards under section 7428 of

this title, and (iii) necessary assurances that, where the State

has relied on a local or regional government, agency, or

instrumentality for the implementation of any plan provision, the

State has responsibility for ensuring adequate implementation of

such plan provision;

(F) require, as may be prescribed by the Administrator -

(i) the installation, maintenance, and replacement of

equipment, and the implementation of other necessary steps, by

owners or operators of stationary sources to monitor emissions

from such sources,

(ii) periodic reports on the nature and amounts of emissions

and emissions-related data from such sources, and

(iii) correlation of such reports by the State agency with

any emission limitations or standards established pursuant to

this chapter, which reports shall be available at reasonable

times for public inspection;

(G) provide for authority comparable to that in section 7603 of

this title and adequate contingency plans to implement such

authority;

(H) provide for revision of such plan -

(i) from time to time as may be necessary to take account of

revisions of such national primary or secondary ambient air

quality standard or the availability of improved or more

expeditious methods of attaining such standard, and

(ii) except as provided in paragraph (3)(C), whenever the

Administrator finds on the basis of information available to

the Administrator that the plan is substantially inadequate to

attain the national ambient air quality standard which it

implements or to otherwise comply with any additional

requirements established under this chapter;

(I) in the case of a plan or plan revision for an area

designated as a nonattainment area, meet the applicable

requirements of part D of this subchapter (relating to

nonattainment areas);

(J) meet the applicable requirements of section 7421 of this

title (relating to consultation), section 7427 of this title

(relating to public notification), and part C of this subchapter

(relating to prevention of significant deterioration of air

quality and visibility protection);

(K) provide for -

(i) the performance of such air quality modeling as the

Administrator may prescribe for the purpose of predicting the

effect on ambient air quality of any emissions of any air

pollutant for which the Administrator has established a

national ambient air quality standard, and

(ii) the submission, upon request, of data related to such

air quality modeling to the Administrator;

(L) require the owner or operator of each major stationary

source to pay to the permitting authority, as a condition of any

permit required under this chapter, a fee sufficient to cover -

(i) the reasonable costs of reviewing and acting upon any

application for such a permit, and

(ii) if the owner or operator receives a permit for such

source, the reasonable costs of implementing and enforcing the

terms and conditions of any such permit (not including any

court costs or other costs associated with any enforcement

action),

until such fee requirement is superseded with respect to such

sources by the Administrator's approval of a fee program under

subchapter V of this chapter; and

(M) provide for consultation and participation by local

political subdivisions affected by the plan.

(3)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(1), Nov.

15, 1990, 104 Stat. 2409.

(B) As soon as practicable, the Administrator shall, consistent

with the purposes of this chapter and the Energy Supply and

Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.],

review each State's applicable implementation plans and report to

the State on whether such plans can be revised in relation to fuel

burning stationary sources (or persons supplying fuel to such

sources) without interfering with the attainment and maintenance of

any national ambient air quality standard within the period

permitted in this section. If the Administrator determines that any

such plan can be revised, he shall notify the State that a plan

revision may be submitted by the State. Any plan revision which is

submitted by the State shall, after public notice and opportunity

for public hearing, be approved by the Administrator if the

revision relates only to fuel burning stationary sources (or

persons supplying fuel to such sources), and the plan as revised

complies with paragraph (2) of this subsection. The Administrator

shall approve or disapprove any revision no later than three months

after its submission.

approved under this subsection, nor the Administrator, in the case

of a plan (or portion thereof) promulgated under subsection (c) of

this section, shall be required to revise an applicable

implementation plan because one or more exemptions under section

7418 of this title (relating to Federal facilities), enforcement

orders under section 7413(d) (!1) of this title, suspensions under

subsection (f) or (g) of this section (relating to temporary energy

or economic authority), orders under section 7419 of this title

(relating to primary nonferrous smelters), or extensions of

compliance in decrees entered under section 7413(e) (!1) of this

title (relating to iron- and steel-producing operations) have been

granted, if such plan would have met the requirements of this

section if no such exemptions, orders, or extensions had been

granted.

(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(2), Nov. 15,

1990, 104 Stat. 2409.

(5)(A)(i) Any State may include in a State implementation plan,

but the Administrator may not require as a condition of approval of

such plan under this section, any indirect source review program.

The Administrator may approve and enforce, as part of an applicable

implementation plan, an indirect source review program which the

State chooses to adopt and submit as part of its plan.

(ii) Except as provided in subparagraph (B), no plan promulgated

by the Administrator shall include any indirect source review

program for any air quality control region, or portion thereof.

(iii) Any State may revise an applicable implementation plan

approved under this subsection to suspend or revoke any such

program included in such plan, provided that such plan meets the

requirements of this section.

(B) The Administrator shall have the authority to promulgate,

implement and enforce regulations under subsection (c) of this

section respecting indirect source review programs which apply only

to federally assisted highways, airports, and other major federally

assisted indirect sources and federally owned or operated indirect

sources.

means a facility, building, structure, installation, real property,

road, or highway which attracts, or may attract, mobile sources of

pollution. Such term includes parking lots, parking garages, and

other facilities subject to any measure for management of parking

supply (within the meaning of subsection (c)(2)(D)(ii) of this

section), including regulation of existing off-street parking but

such term does not include new or existing on-street parking.

Direct emissions sources or facilities at, within, or associated

with, any indirect source shall not be deemed indirect sources for

the purpose of this paragraph.

(D) For purposes of this paragraph the term "indirect source

review program" means the facility-by-facility review of indirect

sources of air pollution, including such measures as are necessary

to assure, or assist in assuring, that a new or modified indirect

source will not attract mobile sources of air pollution, the

emissions from which would cause or contribute to air pollution

concentrations -

(i) exceeding any national primary ambient air quality standard

for a mobile source-related air pollutant after the primary

standard attainment date, or

(ii) preventing maintenance of any such standard after such

date.

(E) For purposes of this paragraph and paragraph (2)(B), the term

"transportation control measure" does not include any measure which

is an "indirect source review program".

(6) No State plan shall be treated as meeting the requirements of

this section unless such plan provides that in the case of any

source which uses a supplemental, or intermittent control system

for purposes of meeting the requirements of an order under section

7413(d) (!1) of this title or section 7419 of this title (relating

to primary nonferrous smelter orders), the owner or operator of

such source may not temporarily reduce the pay of any employee by

reason of the use of such supplemental or intermittent or other

dispersion dependent control system.

(b) Extension of period for submission of plans

The Administrator may, wherever he determines necessary, extend

the period for submission of any plan or portion thereof which

implements a national secondary ambient air quality standard for a

period not to exceed 18 months from the date otherwise required for

submission of such plan.

regulations setting forth implementation plan; transportation

regulations study and report; parking surcharge; suspension

authority; plan implementation

(1) The Administrator shall promulgate a Federal implementation

plan at any time within 2 years after the Administrator -

(A) finds that a State has failed to make a required submission

or finds that the plan or plan revision submitted by the State

does not satisfy the minimum criteria established under

subsection (k)(1)(A) of this section, or

(B) disapproves a State implementation plan submission in whole

or in part,

unless the State corrects the deficiency, and the Administrator

approves the plan or plan revision, before the Administrator

promulgates such Federal implementation plan.

(2)(A) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(A),

Nov. 15, 1990, 104 Stat. 2409.

(B) No parking surcharge regulation may be required by the

Administrator under paragraph (1) of this subsection as a part of

an applicable implementation plan. All parking surcharge

regulations previously required by the Administrator shall be void

upon June 22, 1974. This subparagraph shall not prevent the

Administrator from approving parking surcharges if they are adopted

and submitted by a State as part of an applicable implementation

plan. The Administrator may not condition approval of any

implementation plan submitted by a State on such plan's including a

parking surcharge regulation.

15, 1990, 104 Stat. 2409.

(D) For purposes of this paragraph -

(i) The term "parking surcharge regulation" means a regulation

imposing or requiring the imposition of any tax, surcharge, fee,

or other charge on parking spaces, or any other area used for the

temporary storage of motor vehicles.

(ii) The term "management of parking supply" shall include any

requirement providing that any new facility containing a given

number of parking spaces shall receive a permit or other prior

approval, issuance of which is to be conditioned on air quality

considerations.

(iii) The term "preferential bus/carpool lane" shall include

any requirement for the setting aside of one or more lanes of a

street or highway on a permanent or temporary basis for the

exclusive use of buses or carpools, or both.

(E) No standard, plan, or requirement, relating to management of

parking supply or preferential bus/carpool lanes shall be

promulgated after June 22, 1974, by the Administrator pursuant to

this section, unless such promulgation has been subjected to at

least one public hearing which has been held in the area affected

and for which reasonable notice has been given in such area. If

substantial changes are made following public hearings, one or more

additional hearings shall be held in such area after such notice.

(3) Upon application of the chief executive officer of any

general purpose unit of local government, if the Administrator

determines that such unit has adequate authority under State or

local law, the Administrator may delegate to such unit the

authority to implement and enforce within the jurisdiction of such

unit any part of a plan promulgated under this subsection. Nothing

in this paragraph shall prevent the Administrator from implementing

or enforcing any applicable provision of a plan promulgated under

this subsection.

(4) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(C), Nov.

15, 1990, 104 Stat. 2409.

(5)(A) Any measure in an applicable implementation plan which

requires a toll or other charge for the use of a bridge located

entirely within one city shall be eliminated from such plan by the

Administrator upon application by the Governor of the State, which

application shall include a certification by the Governor that he

will revise such plan in accordance with subparagraph (B).

(B) In the case of any applicable implementation plan with

respect to which a measure has been eliminated under subparagraph

(A), such plan shall, not later than one year after August 7, 1977,

be revised to include comprehensive measures to:

(i) establish, expand, or improve public transportation

measures to meet basic transportation needs, as expeditiously as

is practicable; and

(ii) implement transportation control measures necessary to

attain and maintain national ambient air quality standards,

and such revised plan shall, for the purpose of implementing such

comprehensive public transportation measures, include requirements

to use (insofar as is necessary) Federal grants, State or local

funds, or any combination of such grants and funds as may be

consistent with the terms of the legislation providing such grants

and funds. Such measures shall, as a substitute for the tolls or

charges eliminated under subparagraph (A), provide for emissions

reductions equivalent to the reductions which may reasonably be

expected to be achieved through the use of the tolls or charges

eliminated.

meeting the requirements of subparagraph (B) shall be submitted in

coordination with any plan revision required under part D of this

subchapter.

(d), (e) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(4), (5),

Nov. 15, 1990, 104 Stat. 2409

(f) National or regional energy emergencies; determination by

President

(1) Upon application by the owner or operator of a fuel burning

stationary source, and after notice and opportunity for public

hearing, the Governor of the State in which such source is located

may petition the President to determine that a national or regional

energy emergency exists of such severity that -

(A) a temporary suspension of any part of the applicable

implementation plan or of any requirement under section 7651j of

this title (concerning excess emissions penalties or offsets) may

be necessary, and

(B) other means of responding to the energy emergency may be

inadequate.

Such determination shall not be delegable by the President to any

other person. If the President determines that a national or

regional energy emergency of such severity exists, a temporary

emergency suspension of any part of an applicable implementation

plan or of any requirement under section 7651j of this title

(concerning excess emissions penalties or offsets) adopted by the

State may be issued by the Governor of any State covered by the

President's determination under the condition specified in

paragraph (2) and may take effect immediately.

(2) A temporary emergency suspension under this subsection shall

be issued to a source only if the Governor of such State finds that

(A) there exists in the vicinity of such source a temporary

energy emergency involving high levels of unemployment or loss of

necessary energy supplies for residential dwellings; and

(B) such unemployment or loss can be totally or partially

alleviated by such emergency suspension.

Not more than one such suspension may be issued for any source on

the basis of the same set of circumstances or on the basis of the

same emergency.

(3) A temporary emergency suspension issued by a Governor under

this subsection shall remain in effect for a maximum of four months

or such lesser period as may be specified in a disapproval order of

the Administrator, if any. The Administrator may disapprove such

suspension if he determines that it does not meet the requirements

of paragraph (2).

(4) This subsection shall not apply in the case of a plan

provision or requirement promulgated by the Administrator under

subsection (c) of this section, but in any such case the President

may grant a temporary emergency suspension for a four month period

of any such provision or requirement if he makes the determinations

and findings specified in paragraphs (1) and (2).

(5) The Governor may include in any temporary emergency

suspension issued under this subsection a provision delaying for a

period identical to the period of such suspension any compliance

schedule (or increment of progress) to which such source is subject

under section 1857c-10 (!2) of this title, as in effect before

August 7, 1977, or section 7413(d) (!2) of this title, upon a

finding that such source is unable to comply with such schedule (or

increment) solely because of the conditions on the basis of which a

suspension was issued under this subsection.

(g) Governor's authority to issue temporary emergency suspensions

(1) In the case of any State which has adopted and submitted to

the Administrator a proposed plan revision which the State

determines -

(A) meets the requirements of this section, and

(B) is necessary (i) to prevent the closing for one year or

more of any source of air pollution, and (ii) to prevent

substantial increases in unemployment which would result from

such closing, and

which the Administrator has not approved or disapproved under this

section within 12 months of submission of the proposed plan

revision, the Governor may issue a temporary emergency suspension

of the part of the applicable implementation plan for such State

which is proposed to be revised with respect to such source. The

determination under subparagraph (B) may not be made with respect

to a source which would close without regard to whether or not the

proposed plan revision is approved.

(2) A temporary emergency suspension issued by a Governor under

this subsection shall remain in effect for a maximum of four months

or such lesser period as may be specified in a disapproval order of

the Administrator. The Administrator may disapprove such suspension

if he determines that it does not meet the requirements of this

subsection.

(3) The Governor may include in any temporary emergency

suspension issued under this subsection a provision delaying for a

period identical to the period of such suspension any compliance

schedule (or increment of progress) to which such source is subject

under section 1857c-10 (!2) of this title as in effect before

August 7, 1977, or under section 7413(d) (!2) of this title upon a

finding that such source is unable to comply with such schedule (or

increment) solely because of the conditions on the basis of which a

suspension was issued under this subsection.

(h) Publication of comprehensive document for each State setting

forth requirements of applicable implementation plan

(1) Not later than 5 years after November 15, 1990, and every 3

years thereafter, the Administrator shall assemble and publish a

comprehensive document for each State setting forth all

requirements of the applicable implementation plan for such State

and shall publish notice in the Federal Register of the

availability of such documents.

(2) The Administrator may promulgate such regulations as may be

reasonably necessary to carry out the purpose of this subsection.

(i) Modification of requirements prohibited

Except for a primary nonferrous smelter order under section 7419

of this title, a suspension under subsection (f) or (g) of this

section (relating to emergency suspensions), an exemption under

section 7418 of this title (relating to certain Federal

facilities), an order under section 7413(d) (!2) of this title

(relating to compliance orders), a plan promulgation under

subsection (c) of this section, or a plan revision under subsection

(a)(3) of this section; no order, suspension, plan revision, or

other action modifying any requirement of an applicable

implementation plan may be taken with respect to any stationary

source by the State or by the Administrator.

(j) Technological systems of continuous emission reduction on new

or modified stationary sources; compliance with performance

standards

As a condition for issuance of any permit required under this

subchapter, the owner or operator of each new or modified

stationary source which is required to obtain such a permit must

show to the satisfaction of the permitting authority that the

technological system of continuous emission reduction which is to

be used at such source will enable it to comply with the standards

of performance which are to apply to such source and that the

construction or modification and operation of such source will be

in compliance with all other requirements of this chapter.

(k) Environmental Protection Agency action on plan submissions

(1) Completeness of plan submissions

(A) Completeness criteria

Within 9 months after November 15, 1990, the Administrator

shall promulgate minimum criteria that any plan submission must

meet before the Administrator is required to act on such

submission under this subsection. The criteria shall be limited

to the information necessary to enable the Administrator to

determine whether the plan submission complies with the

provisions of this chapter.

(B) Completeness finding

Within 60 days of the Administrator's receipt of a plan or

plan revision, but no later than 6 months after the date, if

any, by which a State is required to submit the plan or

revision, the Administrator shall determine whether the minimum

criteria established pursuant to subparagraph (A) have been

met. Any plan or plan revision that a State submits to the

Administrator, and that has not been determined by the

Administrator (by the date 6 months after receipt of the

submission) to have failed to meet the minimum criteria

established pursuant to subparagraph (A), shall on that date be

deemed by operation of law to meet such minimum criteria.

Where the Administrator determines that a plan submission (or

part thereof) does not meet the minimum criteria established

pursuant to subparagraph (A), the State shall be treated as not

having made the submission (or, in the Administrator's

discretion, part thereof).

(2) Deadline for action

Within 12 months of a determination by the Administrator (or a

determination deemed by operation of law) under paragraph (1)

that a State has submitted a plan or plan revision (or, in the

Administrator's discretion, part thereof) that meets the minimum

criteria established pursuant to paragraph (1), if applicable

(or, if those criteria are not applicable, within 12 months of

submission of the plan or revision), the Administrator shall act

on the submission in accordance with paragraph (3).

(3) Full and partial approval and disapproval

In the case of any submittal on which the Administrator is

required to act under paragraph (2), the Administrator shall

approve such submittal as a whole if it meets all of the

applicable requirements of this chapter. If a portion of the plan

revision meets all the applicable requirements of this chapter,

the Administrator may approve the plan revision in part and

disapprove the plan revision in part. The plan revision shall not

be treated as meeting the requirements of this chapter until the

Administrator approves the entire plan revision as complying with

the applicable requirements of this chapter.

(4) Conditional approval

The Administrator may approve a plan revision based on a

commitment of the State to adopt specific enforceable measures by

a date certain, but not later than 1 year after the date of

approval of the plan revision. Any such conditional approval

shall be treated as a disapproval if the State fails to comply

with such commitment.

(5) Calls for plan revisions

Whenever the Administrator finds that the applicable

implementation plan for any area is substantially inadequate to

attain or maintain the relevant national ambient air quality

standard, to mitigate adequately the interstate pollutant

transport described in section 7506a of this title or section

7511c of this title, or to otherwise comply with any requirement

of this chapter, the Administrator shall require the State to

revise the plan as necessary to correct such inadequacies. The

Administrator shall notify the State of the inadequacies, and may

establish reasonable deadlines (not to exceed 18 months after the

date of such notice) for the submission of such plan revisions.

Such findings and notice shall be public. Any finding under this

paragraph shall, to the extent the Administrator deems

appropriate, subject the State to the requirements of this

chapter to which the State was subject when it developed and

submitted the plan for which such finding was made, except that

the Administrator may adjust any dates applicable under such

requirements as appropriate (except that the Administrator may

not adjust any attainment date prescribed under part D of this

subchapter, unless such date has elapsed).

(6) Corrections

Whenever the Administrator determines that the Administrator's

action approving, disapproving, or promulgating any plan or plan

revision (or part thereof), area designation, redesignation,

classification, or reclassification was in error, the

Administrator may in the same manner as the approval,

disapproval, or promulgation revise such action as appropriate

without requiring any further submission from the State. Such

determination and the basis thereof shall be provided to the

State and public.

(l) Plan revisions

Each revision to an implementation plan submitted by a State

under this chapter shall be adopted by such State after reasonable

notice and public hearing. The Administrator shall not approve a

revision of a plan if the revision would interfere with any

applicable requirement concerning attainment and reasonable further

progress (as defined in section 7501 of this title), or any other

applicable requirement of this chapter.

(m) Sanctions

The Administrator may apply any of the sanctions listed in

section 7509(b) of this title at any time (or at any time after)

the Administrator makes a finding, disapproval, or determination

under paragraphs (1) through (4), respectively, of section 7509(a)

of this title in relation to any plan or plan item (as that term is

defined by the Administrator) required under this chapter, with

respect to any portion of the State the Administrator determines

reasonable and appropriate, for the purpose of ensuring that the

requirements of this chapter relating to such plan or plan item are

met. The Administrator shall, by rule, establish criteria for

exercising his authority under the previous sentence with respect

to any deficiency referred to in section 7509(a) of this title to

ensure that, during the 24-month period following the finding,

disapproval, or determination referred to in section 7509(a) of

this title, such sanctions are not applied on a statewide basis

where one or more political subdivisions covered by the applicable

implementation plan are principally responsible for such

deficiency.

(n) Savings clauses

(1) Existing plan provisions

Any provision of any applicable implementation plan that was

approved or promulgated by the Administrator pursuant to this

section as in effect before November 15, 1990, shall remain in

effect as part of such applicable implementation plan, except to

the extent that a revision to such provision is approved or

promulgated by the Administrator pursuant to this chapter.

(2) Attainment dates

For any area not designated nonattainment, any plan or plan

revision submitted or required to be submitted by a State -

(A) in response to the promulgation or revision of a national

primary ambient air quality standard in effect on November 15,

1990, or

(B) in response to a finding of substantial inadequacy under

subsection (a)(2) of this section (as in effect immediately

before November 15, 1990),

shall provide for attainment of the national primary ambient air

quality standards within 3 years of November 15, 1990, or within

5 years of issuance of such finding of substantial inadequacy,

whichever is later.

(3) Retention of construction moratorium in certain areas

In the case of an area to which, immediately before November

15, 1990, the prohibition on construction or modification of

major stationary sources prescribed in subsection (a)(2)(I) of

this section (as in effect immediately before November 15, 1990)

applied by virtue of a finding of the Administrator that the

State containing such area had not submitted an implementation

plan meeting the requirements of section 7502(b)(6) of this title

(relating to establishment of a permit program) (as in effect

immediately before November 15, 1990) or 7502(a)(1) of this title

(to the extent such requirements relate to provision for

attainment of the primary national ambient air quality standard

for sulfur oxides by December 31, 1982) as in effect immediately

before November 15, 1990, no major stationary source of the

relevant air pollutant or pollutants shall be constructed or

modified in such area until the Administrator finds that the plan

for such area meets the applicable requirements of section

7502(c)(5) of this title (relating to permit programs) or subpart

5 of part D of this subchapter (relating to attainment of the

primary national ambient air quality standard for sulfur

dioxide), respectively.

(o) Indian tribes

If an Indian tribe submits an implementation plan to the

Administrator pursuant to section 7601(d) of this title, the plan

shall be reviewed in accordance with the provisions for review set

forth in this section for State plans, except as otherwise provided

by regulation promulgated pursuant to section 7601(d)(2) of this

title. When such plan becomes effective in accordance with the

regulations promulgated under section 7601(d) of this title, the

plan shall become applicable to all areas (except as expressly

provided otherwise in the plan) located within the exterior

boundaries of the reservation, notwithstanding the issuance of any

patent and including rights-of-way running through the reservation.

(p) Reports

Any State shall submit, according to such schedule as the

Administrator may prescribe, such reports as the Administrator may

require relating to emission reductions, vehicle miles traveled,

congestion levels, and any other information the Administrator may

deem necessary to assess the development effectiveness, need for

revision, or implementation of any plan or plan revision required

under this chapter.

-SOURCE-

(July 14, 1955, ch. 360, title I, Sec. 110, as added Pub. L.

91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1680; amended Pub. L.

93-319, Sec. 4, June 22, 1974, 88 Stat. 256; Pub. L. 95-95, title

I, Secs. 107, 108, Aug. 7, 1977, 91 Stat. 691, 693; Pub. L. 95-190,

Sec. 14(a)(1)-(6), Nov. 16, 1977, 91 Stat. 1399; Pub. L. 97-23,

Sec. 3, July 17, 1981, 95 Stat. 142; Pub. L. 101-549, title I,

Secs. 101(b)-(d), 102(h), 107(c), 108(d), title IV, Sec. 412, Nov.

15, 1990, 104 Stat. 2404-2408, 2422, 2464, 2466, 2634.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Supply and Environmental Coordination Act of 1974,

referred to in subsec. (a)(3)(B), is Pub. L. 93-319, June 22, 1974,

88 Stat. 246, as amended, which is classified principally to

chapter 16C (Sec. 791 et seq.) of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 791 of Title 15 and Tables.

Section 7413 of this title, referred to in subsecs. (a)(3)(C),

(6), (f)(5), (g)(3), and (i), was amended generally by Pub. L.

101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and,

as so amended, subsecs. (d) and (e) of section 7413 no longer

relates to final compliance orders and steel industry compliance

extension, respectively.

Section 1857c-10 of this title, as in effect before August 7,

1977, referred to in subsecs. (f)(5) and (g)(3), was in the

original "section 119, as in effect before the date of the

enactment of this paragraph", 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 subsecs. (f)(5)

and (g)(3) of this section by Pub. L. 95-95, Sec. 107, 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 section 7413(d)(5) of this title.

Section 7413 of this title was subsequently amended generally by

Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat.

2672, see note above. 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.

-COD-

CODIFICATION

Section was formerly classified to section 1857c-5 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 110 of act July 14, 1955, was renumbered section

117 by Pub. L. 91-604 and is classified to section 7417 of this

title.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 101(d)(8),

substituted "3 years (or such shorter period as the Administrator

may prescribe)" for "nine months" in two places.

Subsec. (a)(2). Pub. L. 101-549, Sec. 101(b), amended par. (2)

generally, substituting present provisions for provisions setting

the time within which the Administrator was to approve or

disapprove a plan or portion thereof and listing the conditions

under which the plan or portion thereof was to be approved after

reasonable notice and hearing.

Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 101(d)(1), struck out

subpar. (A) which directed Administrator to approve any revision of

an implementation plan if it met certain requirements and had been

adopted by the State after reasonable notice and public hearings.

Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 101(d)(1), struck out

subpar. (D) which directed that certain implementation plans be

revised to include comprehensive measures and requirements.

Subsec. (a)(4). Pub. L. 101-549, Sec. 101(d)(2), struck out par.

(4) which set forth requirements for review procedure.

Subsec. (c)(1). Pub. L. 101-549, Sec. 102(h), amended par. (1)

generally, substituting present provisions for provisions relating

to preparation and publication of regulations setting forth an

implementation plan, after opportunity for a hearing, upon failure

of a State to make required submission or revision.

Subsec. (c)(2)(A). Pub. L. 101-549, Sec. 101(d)(3)(A), struck out

subpar. (A) which required a study and report on necessity of

parking surcharge, management of parking supply, and preferential

bus/carpool lane regulations to achieve and maintain national

primary ambient air quality standards.

Subsec. (c)(2)(C). Pub. L. 101-549, Sec. 101(d)(3)(B), struck out

subpar. (C) which authorized suspension of certain regulations and

requirements relating to management of parking supply.

Subsec. (c)(4). Pub. L. 101-549, Sec. 101(d)(3)(C), struck out

par. (4) which permitted Governors to temporarily suspend measures

in implementation plans relating to retrofits, gas rationing, and

reduction of on-street parking.

Subsec. (c)(5)(B). Pub. L. 101-549, Sec. 101(d)(3)(D), struck out

"(including the written evidence required by part D)," after

"include comprehensive measures".

Subsec. (d). Pub. L. 101-549, Sec. 101(d)(4), struck out subsec.

(d) which defined an applicable implementation plan for purposes of

this chapter.

Subsec. (e). Pub. L. 101-549, Sec. 101(d)(5), struck out subsec.

(e) which permitted an extension of time for attainment of a

national primary ambient air quality standard.

Subsec. (f)(1). Pub. L. 101-549, Sec. 412, inserted "or of any

requirement under section 7651j of this title (concerning excess

emissions penalties or offsets)" in subpar. (A) and in last

sentence.

Subsec. (g)(1). Pub. L. 101-549, Sec. 101(d)(6), substituted "12

months of submission of the proposed plan revision" for "the

required four month period" in closing provisions.

Subsec. (h)(1). Pub. L. 101-549, Sec. 101(d)(7), substituted "5

years after November 15, 1990, and every three years thereafter"

for "one year after August 7, 1977, and annually thereafter" and

struck out at end "Each such document shall be revised as

frequently as practicable but not less often than annually."

Subsecs. (k) to (n). Pub. L. 101-549, Sec. 101(c), added subsecs.

(k) to (n).

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

Subsec. (p). Pub. L. 101-549, Sec. 108(d), added subsec. (p).

1981 - Subsec. (a)(3)(C). Pub. L. 97-23 inserted reference to

extensions of compliance in decrees entered under section 7413(e)

of this title (relating to iron- and steel-producing operations).

1977 - Subsec. (a)(2)(A). Pub. L. 95-95, Sec. 108(a)(1),

substituted "(A) except as may be provided in subparagraph (I)(i)

in the case of a plan" for "(A)(i) in the case of a plan".

Subsec. (a)(2)(B). Pub. L. 95-95, Sec. 108(a)(2), substituted

"transportation controls, air quality maintenance plans, and

preconstruction review of direct sources of air pollution as

provided in subparagraph (D)" for "land use and transportation

controls".

Subsec. (a)(2)(D). Pub. L. 95-95, Sec. 108(a)(3), substituted "it

includes a program to provide for the enforcement of emission

limitations and regulation of the modification, construction, and

operation of any stationary source, including a permit program as

required in parts C and D and a permit or equivalent program for

any major emitting facility, within such region as necessary to

assure (i) that national ambient air quality standards are achieved

and maintained, and (ii) a procedure" for "it includes a

procedure".

Subsec. (a)(2)(E). Pub. L. 95-95, Sec. 108(a)(4), substituted "it

contains adequate provisions (i) prohibiting any stationary source

within the State from emitting any air pollutant in amounts which

will (I) prevent attainment or maintenance by any other State of

any such national primary or secondary ambient air quality

standard, or (II) interfere with measures required to be included

in the applicable implementation plan for any other State under

part C to prevent significant deterioration of air quality or to

protect visibility, and (ii) insuring compliance with the

requirements of section 7426 of this title, relating to interstate

pollution abatement" for "it contains adequate provisions for

intergovernmental cooperation, including measures necessary to

insure that emissions of air pollutants from sources located in any

air quality control region will not interfere with the attainment

or maintenance of such primary or secondary standard in any portion

of such region outside of such State or in any other air quality

control region".

Subsec. (a)(2)(F). Pub. L. 95-95, Sec. 108(a)(5), added cl. (vi).

Subsec. (a)(2)(H). Pub. L. 95-190, Sec. 14(a)(1), substituted

"1977;" for "1977".

Pub. L. 95-95, Sec. 108(a)(6), inserted "except as provided in

paragraph (3)(C)," after "or (ii)" and "or to otherwise comply with

any additional requirements established under the Clean Air Act

Amendments of 1977" after "to achieve the national ambient air

quality primary or secondary standard which it implements".

Subsec. (a)(2)(I). Pub. L. 95-95, Sec. 108(b), added subpar. (I).

Subsec. (a)(2)(J). Pub. L. 95-190, Sec. 14(a)(2), substituted ";

and" for ", and".

Pub. L. 95-95, Sec. 108(b), added subpar. (J).

Subsec. (a)(2)(K). Pub. L. 95-95, Sec. 108(b) added subpar. (K).

Subsec. (a)(3)(C). Pub. L. 95-95, Sec. 108(c), added subpar. (C).

Subsec. (a)(3)(D). Pub. L. 95-190, Sec. 14(a)(4), added subpar.

(D).

Subsec. (a)(5). Pub. L. 95-95, Sec. 108(3), added par. (5).

Subsec. (a)(5)(D). Pub. L. 95-190, Sec. 14(a)(3), struck out

"preconstruction or premodification" before "review".

Subsec. (a)(6). Pub. L. 95-95, Sec. 108(3), added par. (6).

Subsec. (c)(1). Pub. L. 95-95, Sec. 108(d)(1), (2), substituted

"plan which meets the requirements of this section" for "plan for

any national ambient air quality primary or secondary standard

within the time prescribed" in subpar. (A) and, in provisions

following subpar. (C), directed that any portion of a plan relating

to any measure described in first sentence of 7421 of this title

(relating to consultation) or the consultation process required

under such section 7421 of this title not be required to be

promulgated before the date eight months after such date required

for submission.

Subsec. (c)(3) to (5). Pub. L. 95-95, Sec. 108(d)(3), added pars.

(3) to (5).

Subsec. (d). Pub. L. 95-95, Sec. 108(f), substituted "and which

implements the requirements of this section" for "and which

implements a national primary or secondary ambient air quality

standard in a State".

Subsec. (f). Pub. L. 95-95, Sec. 107(a), substituted provisions

relating to the handling of national or regional energy emergencies

for provisions relating to the postponement of compliance by

stationary sources or classes of moving sources with any

requirement of applicable implementation plans.

Subsec. (g). Pub. L. 95-95, Sec. 108(g), added subsec. (g)

relating to publication of comprehensive document.

Pub. L. 95-95, Sec. 107(b), added subsec. (g) relating to

Governor's authority to issue temporary emergency suspensions.

Subsec. (h). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.

(g), added by Pub. L. 95-95, Sec. 108(g), as (h). Former subsec.

(h) redesignated (i).

Subsec. (i). Pub. L. 95-190, Sec. 14(a)(5), redesignated subsec.

(h), added by Pub. L. 95-95, Sec. 108(g), as (i). Former subsec.

(i) redesignated (j) and amended.

Subsec. (j). Pub. L. 95-190 Sec. 14(a)(5), (6), redesignated

subsec. (i), added by Pub. L. 95-95, Sec. 108(g), as (j) and in

subsec. (j) as so redesignated, substituted "will enable such

source" for "at such source will enable it".

1974 - Subsec. (a)(3). Pub. L. 93-319, Sec. 4(a), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c). Pub. L. 93-319, Sec. 4(b), designated existing

provisions as par. (1) and existing pars. (1), (2), and (3) as

subpars. (A), (B), and (C), respectively, of such redesignated par.

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