-CITE-
42 USC CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
-MISC1-
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
PART A - AIR QUALITY AND EMISSION LIMITATIONS
Sec.
7401. Congressional findings and declaration of purpose.
7402. Cooperative activities.
7403. Research, investigation, training, and other
activities.
7404. Research relating to fuels and vehicles.
7405. Grants for support of air pollution planning and
control programs.
7406. Interstate air quality agencies; program cost
limitations.
7407. Air quality control regions.
7408. Air quality criteria and control techniques.
7409. National primary and secondary ambient air quality
standards.
7410. State implementation plans for national primary and
secondary ambient air quality standards.
7411. Standards of performance for new stationary sources.
7412. Hazardous air pollutants.
7413. Federal enforcement.
7414. Recordkeeping, inspections, monitoring, and entry.
7415. International air pollution.
7416. Retention of State authority.
7417. Advisory committees.
7418. Control of pollution from Federal facilities.
7419. Primary nonferrous smelter orders.
7420. Noncompliance penalty.
7421. Consultation.
7422. Listing of certain unregulated pollutants.
7423. Stack heights.
7424. Assurance of adequacy of State plans.
7425. Measures to prevent economic disruption or
unemployment.
7426. Interstate pollution abatement.
7427. Public notification.
7428. State boards.
7429. Solid waste combustion.
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 Repealed.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.
7473. Increments and ceilings.
7474. Area redesignation.
7475. Preconstruction requirements.
7476. Other pollutants.
7477. Enforcement.
7478. Period before plan approval.
7479. Definitions.
SUBPART II - VISIBILITY PROTECTION
7491. Visibility protection for Federal class I areas.
7492. Visibility.
PART D - PLAN REQUIREMENTS FOR NONATTAINMENT AREAS
SUBPART 1 - NONATTAINMENT AREAS IN GENERAL
7501. Definitions.
7502. Nonattainment plan provisions in general.
7503. Permit requirements.
7504. Planning procedures.
7505. Environmental Protection Agency grants.
7505a. Maintenance plans.
7506. Limitations on certain Federal assistance.
7506a. Interstate transport commissions.
7507. New motor vehicle emission standards in nonattainment
areas.
7508. Guidance documents.
7509. Sanctions and consequences of failure to attain.
7509a. International border areas.
SUBPART 2 - ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS
7511. Classifications and attainment dates.
7511a. Plan submissions and requirements.
7511b. Federal ozone measures.
7511c. Control of interstate ozone air pollution.
7511d. Enforcement for Severe and Extreme ozone nonattainment
areas for failure to attain.
7511e. Transitional areas.
7511f. NOx and VOC study.
SUBPART 3 - ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT
AREAS
7512. Classification and attainment dates.
7512a. Plan submissions and requirements.
SUBPART 4 - ADDITIONAL PROVISIONS FOR PARTICULATE MATTER
NONATTAINMENT AREAS
7513. Classifications and attainment dates.
7513a. Plan provisions and schedules for plan submissions.
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.
7514a. Attainment dates.
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.
7522. Prohibited acts.
7523. Actions to restrain violations.
7524. Civil penalties.
7525. Motor vehicle and motor vehicle engine compliance
testing and certification.
7541. Compliance by vehicles and engines in actual use.
7542. Information collection.
7543. State standards.
7544. State grants.
7545. Regulation of fuels.
7546. Renewable fuel.
7547. Nonroad engines and vehicles.
7548. Study of particulate emissions from motor vehicles.
7549. High altitude performance adjustments.
7550. Definitions.
7551. Omitted.
7552. Motor vehicle compliance program fees.
7553. Prohibition on production of engines requiring leaded
gasoline.
7554. Urban bus standards.
PART B - AIRCRAFT EMISSION STANDARDS
7571. Establishment of standards.
7572. Enforcement of standards.
7573. State standards and controls.
7574. Definitions.
PART C - CLEAN FUEL VEHICLES
7581. Definitions.
7582. Requirements applicable to clean-fuel vehicles.
7583. Standards for light-duty clean-fuel 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.).
7586. Centrally fueled fleets.
7587. Vehicle conversions.
7588. Federal agency fleets.
7589. California pilot test program.
7590. General provisions.
SUBCHAPTER III - GENERAL PROVISIONS
7601. Administration.
7602. Definitions.
7603. Emergency powers.
7604. Citizen suits.
7605. Representation in litigation.
7606. Federal procurement.
7607. Administrative proceedings and judicial review.
7608. Mandatory licensing.
7609. Policy review.
7610. Other authority.
7611. Records and audit.
7612. Economic impact analyses.
7613. Repealed.
7614. Labor standards.
7615. Separability.
7616. Sewage treatment grants.
7617. Economic impact assessment.
7618. Repealed.
7619. Air quality monitoring.
7620. Standardized air quality modeling.
7621. Employment effects.
7622. Employee protection.
7623. Repealed.
7624. Cost of vapor recovery equipment.
7625. Vapor recovery for small business marketers of
petroleum products.
7625-1. Exemptions for certain territories.
7625a. Statutory construction.
7626. Authorization of appropriations.
7627. Air pollution from Outer Continental Shelf activities.
7628. Demonstration grant program for local governments.
SUBCHAPTER IV - NOISE POLLUTION
7641. Noise abatement.
7642. Authorization of appropriations.
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
7651. Findings and purposes.
7651a. Definitions.
7651b. Sulfur dioxide allowance program for existing and new
units.
7651c. Phase I sulfur dioxide requirements.
7651d. Phase II sulfur dioxide requirements.
7651e. Allowances for States with emissions rates at or below
0.80 lbs/mmBtu.
7651f. Nitrogen oxides emission reduction program.
7651g. Permits and compliance plans.
7651h. Repowered sources.
7651i. Election for additional sources.
7651j. Excess emissions penalty.
7651k. Monitoring, reporting, and recordkeeping requirements.
7651l. General compliance with other provisions.
7651m. Enforcement.
7651n. Clean coal technology regulatory incentives.
7651o. Contingency guarantee, auctions, reserve.
SUBCHAPTER V - PERMITS
7661. Definitions.
7661a. Permit programs.
7661b. Permit applications.
7661c. Permit requirements and conditions.
7661d. Notification to Administrator and contiguous States.
7661e. Other authorities.
7661f. Small business stationary source technical and
environmental compliance assistance program.
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
7671. Definitions.
7671a. Listing of class I and class II substances.
7671b. Monitoring and reporting requirements.
7671c. Phase-out of production and consumption of class I
substances.
7671d. Phase-out of production and consumption of class II
substances.
7671e. Accelerated schedule.
7671f. Exchange authority.
7671g. National recycling and emission reduction program.
7671h. Servicing of motor vehicle air conditioners.
7671i. Nonessential products containing chlorofluorocarbons.
7671j. Labeling.
7671k. Safe alternatives policy.
7671l. Federal procurement.
7671m. Relationship to other laws.
7671n. Authority of Administrator.
7671o. Transfers among Parties to Montreal Protocol.
7671p. International cooperation.
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.
-End-
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42 USC SUBCHAPTER I - PROGRAMS AND ACTIVITIES 01/08/2008
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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
-End-
-CITE-
42 USC Part A - Air Quality and Emission Limitations 01/08/2008
-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
A.
-End-
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42 USC Sec. 7401 01/08/2008
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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.
(c) Pollution prevention
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.
-End-
-CITE-
42 USC Sec. 7402 01/08/2008
-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.
(c) Consent of Congress to compacts
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 01/08/2008
-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.
(c) Air pollutant monitoring, analysis, modeling, and inventory
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
(C) improve the ability to identify and evaluate 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
(C) shall consult with other Federal agencies to ensure that
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).
(C) Preparation of environmental health assessments for each of
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
(C) evaluate the effectiveness of hazard mitigation 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.
(C) Publication and maintenance of a National Acid Lakes
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
(c) of section 7415 of this title.
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, required the Administrator of the Environmental
Protection Agency to make grants to carry out a 2-year program to
implement in five metropolitan areas pilot design programs and
report to Congress on the results not later than 360 days from
first day of the second year of the 2-year program.
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 AND TECHNOLOGY 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 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 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.
-FOOTNOTE-
(!1) So in original. Probably should be "precursors,".
(!2) So in original. Probably should be "precursors".
-End-
-CITE-
42 USC Sec. 7404 01/08/2008
-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,
(C) control of emissions from the evaporation of fuels,
(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.(!1)
(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; (!2)
(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.
(c) Clean alternative fuels
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.
-FOOTNOTE-
(!1) So in original. The period probably should be a semicolon.
(!2) So in original. The word "and" probably should appear.
-End-
-CITE-
42 USC Sec. 7405 01/08/2008
-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.
(C) With respect to any air quality control region or portion
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.
(c) Maintenance of effort
(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.
-FOOTNOTE-
(!1) So in original. Probably should be paragraph "(1)".
-End-
-CITE-
42 USC Sec. 7406 01/08/2008
-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 01/08/2008
-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.
(c) Authority of Administrator to designate regions; notification
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).
(C) Designations by operation of law
(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
Register promulgating any designation under paragraph (1) or (5),
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.
(C) No later than 120 days after the date described in
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".
(6) Designations
(A) Submission
Notwithstanding any other provision of law, not later than
February 15, 2004, the Governor of each State shall submit
designations referred to in paragraph (1) for the July 1997
PM2.5 national ambient air quality standards for each area
within the State, based on air quality monitoring data
collected in accordance with any applicable Federal reference
methods for the relevant areas.
(B) Promulgation
Notwithstanding any other provision of law, not later than
December 31, 2004, the Administrator shall, consistent with
paragraph (1), promulgate the designations referred to in
subparagraph (A) for each area of each State for the July 1997
PM2.5 national ambient air quality standards.
(7) Implementation plan for regional haze
(A) In general
Notwithstanding any other provision of law, not later than 3
years after the date on which the Administrator promulgates the
designations referred to in paragraph (6)(B) for a State, the
State shall submit, for the entire State, the State
implementation plan revisions to meet the requirements
promulgated by the Administrator under section 7492(e)(1) of
this title (referred to in this paragraph as "regional haze
requirements").
(B) No preclusion of other provisions
Nothing in this paragraph precludes the implementation of the
agreements and recommendations stemming from the Grand Canyon
Visibility Transport Commission Report dated June 1996,
including the submission of State implementation plan revisions
by the States of Arizona, California, Colorado, Idaho, Nevada,
New Mexico, Oregon, Utah, or Wyoming by December 31, 2003, for
implementation of regional haze requirements applicable to
those States.
(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; Pub. L.
108-199, div. G, title IV, Sec. 425(a), Jan. 23, 2004, 118 Stat.
417.)
-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
2004 - Subsec. (d)(6), (7). Pub. L. 108-199 added pars. (6) and
(7).
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. 108-199, div. G, title IV, Sec. 425(b), Jan. 23, 2004,
118 Stat. 417, provided that: "Except as provided in paragraphs (6)
and (7) of section 107(d) of the Clean Air Act [subsec. (d)(6), (7)
of this section] (as added by subsection (a)), section 6101,
subsections (a) and (b) of section 6102, and section 6103 of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178]
(42 U.S.C. 7407 note; 112 Stat. 463), as in effect on the day
before the date of enactment of this Act [Jan. 23, 2004], shall
remain in effect."
Pub. L. 105-178, title VI, June 9, 1998, 112 Stat. 463, as
amended by Pub. L. 109-59, title VI, Sec. 6012(a), Aug. 10, 2005,
119 Stat. 1882, 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 PM2.5, 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 PM2.5 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 PM2.5
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 PM2.5 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 PM2.5 monitoring network
necessary to implement the national ambient air quality standards
for PM2.5 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 PM2.5
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 PM2.5 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
PM2.5 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 PM2.5 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
PM2.5 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 PM2.5
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) Field Study. - Not later than 2 years after the date of
enactment of the SAFETEA-LU [Aug. 10, 2005], the Administrator
shall -
"(1) conduct a field study of the ability of the PM2.5
Federal Reference Method to differentiate those particles that
are larger than 2.5 micrometers in diameter;
"(2) develop a Federal reference method to measure directly
particles that are larger than 2.5 micrometers in diameter
without reliance on subtracting from coarse particle measurements
those particles that are equal to or smaller than 2.5 micrometers
in diameter;
"(3) develop a method of measuring the composition of coarse
particles; and
"(4) submit a report on the study and responsibilities of the
Administrator under paragraphs (1) through (3) to -
"(A) the Committee on Energy and Commerce of the House of
Representatives; and
"(B) the Committee on Environment and Public Works of the
Senate.
"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 PM2.5 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.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7408 01/08/2008
-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
(C) for which air quality criteria had not been issued before
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
(C) any known or anticipated adverse effects on welfare.
(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).
(c) Review, modification, and reissuance of criteria or information
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 NO2 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
Register and copies shall be made available to the general public.
(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.(!2)
(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;
(C) information on other measures which may be employed to
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
(C) the environmental, energy, and economic impact of such
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 NO2 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.
-FOOTNOTE-
(!1) See Codification note below.
(!2) So in original. The period probably should be a semicolon.
-End-
-CITE-
42 USC Sec. 7409 01/08/2008
-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.
(c) National primary ambient air quality standard for nitrogen
dioxide
The Administrator shall, not later than one year after August 7,
1977, promulgate a national primary ambient air quality standard
for NO2 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.
(C) Such committee shall also (i) advise the Administrator of
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."
-End-
-CITE-
42 USC Sec. 7410 01/08/2008
-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;
(C) include a program to provide for the enforcement of the
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.
(C) Neither the State, in the case of a plan (or portion thereof)
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.
(C) For purposes of this paragraph, the term "indirect source"
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.
(c) Preparation and publication by Administrator of proposed
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.
(C) Repealed. Pub. L. 101-549, title I, Sec. 101(d)(3)(B), Nov.
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.
(C) Any revision of an implementation plan for purposes of
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.
(C) Effect of finding of incompleteness
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 (!3) 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(e), 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(e), 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).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
MODIFICATION OR RESCISSION OF IMPLEMENTATION PLANS APPROVED AND IN
EFFECT PRIOR TO AUG. 7, 1977
Nothing in the Clean Air Act Amendments of 1977 [Pub. L. 95-95]
to affect any requirement of an approved implementation plan under
this section or any other provision in effect under this chapter
before Aug. 7, 1977, until modified or rescinded in accordance with
this chapter as amended by the Clean Air Act Amendments of 1977,
see section 406(c) of Pub. L. 95-95, set out as an Effective Date
of 1977 Amendment note under section 7401 of this title.
SAVINGS PROVISION
Section 16 of Pub. L. 91-604 provided that:
"(a)(1) Any implementation plan adopted by any State and
submitted to the Secretary of Health, Education, and Welfare, or to
the Administrator pursuant to the Clean Air Act [this chapter]
prior to enactment of this Act [Dec. 31, 1970] may be approved
under section 110 of the Clean Air Act [this section] (as amended
by this Act) [Pub. L. 91-604] and shall remain in effect, unless
the Administrator determines that such implementation plan, or any
portion thereof, is not consistent with applicable requirements of
the Clean Air Act [this chapter] (as amended by this Act) and will
not provide for the attainment of national primary ambient air
quality standards in the time required by such Act. If the
Administrator so determines, he shall, within 90 days after
promulgation of any national ambient air quality standards pursuant
to section 109(a) of the Clean Air Act [section 7409(a) of this
title], notify the State and specify in what respects changes are
needed to meet the additional requirements of such Act, including
requirements to implement national secondary ambient air quality
standards. If such changes are not adopted by the State after
public hearings and within six months after such notification, the
Administrator shall promulgate such changes pursuant to section
110(c) of such Act [subsec. (c) of this section].
"(2) The amendments made by section 4(b) [amending sections 7403
and 7415 of this title] shall not be construed as repealing or
modifying the powers of the Administrator with respect to any
conference convened under section 108(d) of the Clean Air Act
[section 7415 of this title] before the date of enactment of this
Act [Dec. 31, 1970].
"(b) Regulations or standards issued under this title II of the
Clean Air Act [subchapter II of this chapter] prior to the
enactment of this Act [Dec. 31, 1970] shall continue in effect
until revised by the Administrator consistent with the purposes of
such Act [this chapter]."
FEDERAL ENERGY ADMINISTRATOR
"Federal Energy Administrator", for purposes of this chapter, to
mean Administrator of Federal Energy Administration established by
Pub. L. 93-275, May 7, 1974, 88 Stat. 97, which is classified to
section 761 et seq. of Title 15, Commerce and Trade, but with the
term to mean any officer of the United States designated as such by
the President until Federal Energy Administrator takes office and
after Federal Energy Administration ceases to exist, see section
798 of Title 15, Commerce and Trade.
Federal Energy Administration terminated and functions vested by
law in Administrator thereof transferred to Secretary of Energy
(unless otherwise specifically provided) by sections 7151(a) and
7293 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) See References in Text note below.
(!3) So in original. Probably should be followed by a comma.
-End-
-CITE-
42 USC Sec. 7411 01/08/2008
-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. 7411. Standards of performance for new stationary sources
-STATUTE-
(a) Definitions
For purposes of this section:
(1) The term "standard of performance" means a standard for
emissions of air pollutants which reflects the degree of emission
limitation achievable through the application of the best system
of emission reduction which (taking into account the cost of
achieving such reduction and any nonair quality health and
environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated.
(2) The term "new source" means any stationary source, the
construction or modification of which is commenced after the
publication of regulations (or, if earlier, proposed regulations)
prescribing a standard of performance under this section which
will be applicable to such source.
(3) The term "stationary source" means any building, structure,
facility, or installation which emits or may emit any air
pollutant. Nothing in subchapter II of this chapter relating to
nonroad engines shall be construed to apply to stationary
internal combustion engines.
(4) The term "modification" means any physical change in, or
change in the method of operation of, a stationary source which
increases the amount of any air pollutant emitted by such source
or which results in the emission of any air pollutant not
previously emitted.
(5) The term "owner or operator" means any person who owns,
leases, operates, controls, or supervises a stationary source.
(6) The term "existing source" means any stationary source
other than a new source.
(7) The term "technological system of continuous emission
reduction" means -
(A) a technological process for production or operation by
any source which is inherently low-polluting or nonpolluting,
or
(B) a technological system for continuous reduction of the
pollution generated by a source before such pollution is
emitted into the ambient air, including precombustion cleaning
or treatment of fuels.
(8) A conversion to coal (A) by reason of an order under
section 2(a) of the Energy Supply and Environmental Coordination
Act of 1974 [15 U.S.C. 792(a)] or any amendment thereto, or any
subsequent enactment which supersedes such Act [15 U.S.C. 791 et
seq.], or (B) which qualifies under section 7413(d)(5)(A)(ii)
(!1) of this title, shall not be deemed to be a modification for
purposes of paragraphs (2) and (4) of this subsection.
(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
(1)(A) The Administrator shall, within 90 days after December 31,
1970, publish (and from time to time thereafter shall revise) a
list of categories of stationary sources. He shall include a
category of sources in such list if in his judgment it causes, or
contributes significantly to, air pollution which may reasonably be
anticipated to endanger public health or welfare.
(B) Within one year after the inclusion of a category of
stationary sources in a list under subparagraph (A), the
Administrator shall publish proposed regulations, establishing
Federal standards of performance for new sources within such
category. The Administrator shall afford interested persons an
opportunity for written comment on such proposed regulations. After
considering such comments, he shall promulgate, within one year
after such publication, such standards with such modifications as
he deems appropriate. The Administrator shall, at least every 8
years, review and, if appropriate, revise such standards following
the procedure required by this subsection for promulgation of such
standards. Notwithstanding the requirements of the previous
sentence, the Administrator need not review any such standard if
the Administrator determines that such review is not appropriate in
light of readily available information on the efficacy of such
standard. Standards of performance or revisions thereof shall
become effective upon promulgation. When implementation and
enforcement of any requirement of this chapter indicate that
emission limitations and percent reductions beyond those required
by the standards promulgated under this section are achieved in
practice, the Administrator shall, when revising standards
promulgated under this section, consider the emission limitations
and percent reductions achieved in practice.
(2) The Administrator may distinguish among classes, types, and
sizes within categories of new sources for the purpose of
establishing such standards.
(3) The Administrator shall, from time to time, issue information
on pollution control techniques for categories of new sources and
air pollutants subject to the provisions of this section.
(4) The provisions of this section shall apply to any new source
owned or operated by the United States.
(5) Except as otherwise authorized under subsection (h) of this
section, nothing in this section shall be construed to require, or
to authorize the Administrator to require, any new or modified
source to install and operate any particular technological system
of continuous emission reduction to comply with any new source
standard of performance.
(6) The revised standards of performance required by enactment of
subsection (a)(1)(A)(i) and (ii) (!1) of this section shall be
promulgated not later than one year after August 7, 1977. Any new
or modified fossil fuel fired stationary source which commences
construction prior to the date of publication of the proposed
revised standards shall not be required to comply with such revised
standards.
(c) State implementation and enforcement of standards of
performance
(1) Each State may develop and submit to the Administrator a
procedure for implementing and enforcing standards of performance
for new sources located in such State. If the Administrator finds
the State procedure is adequate, he shall delegate to such State
any authority he has under this chapter to implement and enforce
such standards.
(2) Nothing in this subsection shall prohibit the Administrator
from enforcing any applicable standard of performance under this
section.
(d) Standards of performance for existing sources; remaining useful
life of source
(1) The Administrator shall prescribe regulations which shall
establish a procedure similar to that provided by section 7410 of
this title under which each State shall submit to the Administrator
a plan which (A) establishes standards of performance for any
existing source for any air pollutant (i) for which air quality
criteria have not been issued or which is not included on a list
published under section 7408(a) of this title or emitted from a
source category which is regulated under section 7412 of this title
but (ii) to which a standard of performance under this section
would apply if such existing source were a new source, and (B)
provides for the implementation and enforcement of such standards
of performance. Regulations of the Administrator under this
paragraph shall permit the State in applying a standard of
performance to any particular source under a plan submitted under
this paragraph to take into consideration, among other factors, the
remaining useful life of the existing source to which such standard
applies.
(2) The Administrator shall have the same authority -
(A) to prescribe a plan for a State in cases where the State
fails to submit a satisfactory plan as he would have under
section 7410(c) of this title in the case of failure to submit an
implementation plan, and
(B) to enforce the provisions of such plan in cases where the
State fails to enforce them as he would have under sections 7413
and 7414 of this title with respect to an implementation plan.
In promulgating a standard of performance under a plan prescribed
under this paragraph, the Administrator shall take into
consideration, among other factors, remaining useful lives of the
sources in the category of sources to which such standard applies.
(e) Prohibited acts
After the effective date of standards of performance promulgated
under this section, it shall be unlawful for any owner or operator
of any new source to operate such source in violation of any
standard of performance applicable to such source.
(f) New source standards of performance
(1) For those categories of major stationary sources that the
Administrator listed under subsection (b)(1)(A) of this section
before November 15, 1990, and for which regulations had not been
proposed by the Administrator by November 15, 1990, the
Administrator shall -
(A) propose regulations establishing standards of performance
for at least 25 percent of such categories of sources within 2
years after November 15, 1990;
(B) propose regulations establishing standards of performance
for at least 50 percent of such categories of sources within 4
years after November 15, 1990; and
(C) propose regulations for the remaining categories of sources
within 6 years after November 15, 1990.
(2) In determining priorities for promulgating standards for
categories of major stationary sources for the purpose of paragraph
(1), the Administrator shall consider -
(A) the quantity of air pollutant emissions which each such
category will emit, or will be designed to emit;
(B) the extent to which each such pollutant may reasonably be
anticipated to endanger public health or welfare; and
(C) the mobility and competitive nature of each such category
of sources and the consequent need for nationally applicable new
source standards of performance.
(3) Before promulgating any regulations under this subsection or
listing any category of major stationary sources as required under
this subsection, the Administrator shall consult with appropriate
representatives of the Governors and of State air pollution control
agencies.
(g) Revision of regulations
(1) Upon application by the Governor of a State showing that the
Administrator has failed to specify in regulations under subsection
(f)(1) of this section any category of major stationary sources
required to be specified under such regulations, the Administrator
shall revise such regulations to specify any such category.
(2) Upon application of the Governor of a State, showing that any
category of stationary sources which is not included in the list
under subsection (b)(1)(A) of this section contributes
significantly to air pollution which may reasonably be anticipated
to endanger public health or welfare (notwithstanding that such
category is not a category of major stationary sources), the
Administrator shall revise such regulations to specify such
category of stationary sources.
(3) Upon application of the Governor of a State showing that the
Administrator has failed to apply properly the criteria required to
be considered under subsection (f)(2) of this section, the
Administrator shall revise the list under subsection (b)(1)(A) of
this section to apply properly such criteria.
(4) Upon application of the Governor of a State showing that -
(A) a new, innovative, or improved technology or process which
achieves greater continuous emission reduction has been
adequately demonstrated for any category of stationary sources,
and
(B) as a result of such technology or process, the new source
standard of performance in effect under this section for such
category no longer reflects the greatest degree of emission
limitation achievable through application of the best
technological system of continuous emission reduction which
(taking into consideration the cost of achieving such emission
reduction, and any non-air quality health and environmental
impact and energy requirements) has been adequately demonstrated,
the Administrator shall revise such standard of performance for
such category accordingly.
(5) Unless later deadlines for action of the Administrator are
otherwise prescribed under this section, the Administrator shall,
not later than three months following the date of receipt of any
application by a Governor of a State, either -
(A) find that such application does not contain the requisite
showing and deny such application, or
(B) grant such application and take the action required under
this subsection.
(6) Before taking any action required by subsection (f) of this
section or by this subsection, the Administrator shall provide
notice and opportunity for public hearing.
(h) Design, equipment, work practice, or operational standard;
alternative emission limitation
(1) For purposes of this section, if in the judgment of the
Administrator, it is not feasible to prescribe or enforce a
standard of performance, he may instead promulgate a design,
equipment, work practice, or operational standard, or combination
thereof, which reflects the best technological system of continuous
emission reduction which (taking into consideration the cost of
achieving such emission reduction, and any non-air quality health
and environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated. In the event the
Administrator promulgates a design or equipment standard under this
subsection, he shall include as part of such standard such
requirements as will assure the proper operation and maintenance of
any such element of design or equipment.
(2) For the purpose of this subsection, the phrase "not feasible
to prescribe or enforce a standard of performance" means any
situation in which the Administrator determines that (A) a
pollutant or pollutants cannot be emitted through a conveyance
designed and constructed to emit or capture such pollutant, or that
any requirement for, or use of, such a conveyance would be
inconsistent with any Federal, State, or local law, or (B) the
application of measurement methodology to a particular class of
sources is not practicable due to technological or economic
limitations.
(3) If after notice and opportunity for public hearing, any
person establishes to the satisfaction of the Administrator that an
alternative means of emission limitation will achieve a reduction
in emissions of any air pollutant at least equivalent to the
reduction in emissions of such air pollutant achieved under the
requirements of paragraph (1), the Administrator shall permit the
use of such alternative by the source for purposes of compliance
with this section with respect to such pollutant.
(4) Any standard promulgated under paragraph (1) shall be
promulgated in terms of standard of performance whenever it becomes
feasible to promulgate and enforce such standard in such terms.
(5) Any design, equipment, work practice, or operational
standard, or any combination thereof, described in this subsection
shall be treated as a standard of performance for purposes of the
provisions of this chapter (other than the provisions of subsection
(a) of this section and this subsection).
(i) Country elevators
Any regulations promulgated by the Administrator under this
section applicable to grain elevators shall not apply to country
elevators (as defined by the Administrator) which have a storage
capacity of less than two million five hundred thousand bushels.
(j) Innovative technological systems of continuous emission
reduction
(1)(A) Any person proposing to own or operate a new source may
request the Administrator for one or more waivers from the
requirements of this section for such source or any portion thereof
with respect to any air pollutant to encourage the use of an
innovative technological system or systems of continuous emission
reduction. The Administrator may, with the consent of the Governor
of the State in which the source is to be located, grant a waiver
under this paragraph, if the Administrator determines after notice
and opportunity for public hearing, that -
(i) the proposed system or systems have not been adequately
demonstrated,
(ii) the proposed system or systems will operate effectively
and there is a substantial likelihood that such system or systems
will achieve greater continuous emission reduction than that
required to be achieved under the standards of performance which
would otherwise apply, or achieve at least an equivalent
reduction at lower cost in terms of energy, economic, or nonair
quality environmental impact,
(iii) the owner or operator of the proposed source has
demonstrated to the satisfaction of the Administrator that the
proposed system will not cause or contribute to an unreasonable
risk to public health, welfare, or safety in its operation,
function, or malfunction, and
(iv) the granting of such waiver is consistent with the
requirements of subparagraph (C).
In making any determination under clause (ii), the Administrator
shall take into account any previous failure of such system or
systems to operate effectively or to meet any requirement of the
new source performance standards. In determining whether an
unreasonable risk exists under clause (iii), the Administrator
shall consider, among other factors, whether and to what extent the
use of the proposed technological system will cause, increase,
reduce, or eliminate emissions of any unregulated pollutants;
available methods for reducing or eliminating any risk to public
health, welfare, or safety which may be associated with the use of
such system; and the availability of other technological systems
which may be used to conform to standards under this section
without causing or contributing to such unreasonable risk. The
Administrator may conduct such tests and may require the owner or
operator of the proposed source to conduct such tests and provide
such information as is necessary to carry out clause (iii) of this
subparagraph. Such requirements shall include a requirement for
prompt reporting of the emission of any unregulated pollutant from
a system if such pollutant was not emitted, or was emitted in
significantly lesser amounts without use of such system.
(B) A waiver under this paragraph shall be granted on such terms
and conditions as the Administrator determines to be necessary to
assure -
(i) emissions from the source will not prevent attainment and
maintenance of any national ambient air quality standards, and
(ii) proper functioning of the technological system or systems
authorized.
Any such term or condition shall be treated as a standard of
performance for the purposes of subsection (e) of this section and
section 7413 of this title.
(C) The number of waivers granted under this paragraph with
respect to a proposed technological system of continuous emission
reduction shall not exceed such number as the Administrator finds
necessary to ascertain whether or not such system will achieve the
conditions specified in clauses (ii) and (iii) of subparagraph (A).
(D) A waiver under this paragraph shall extend to the sooner of -
(i) the date determined by the Administrator, after
consultation with the owner or operator of the source, taking
into consideration the design, installation, and capital cost of
the technological system or systems being used, or
(ii) the date on which the Administrator determines that such
system has failed to -
(I) achieve at least an equivalent continuous emission
reduction to that required to be achieved under the standards
of performance which would otherwise apply, or
(II) comply with the condition specified in paragraph
(1)(A)(iii),
and that such failure cannot be corrected.
(E) In carrying out subparagraph (D)(i), the Administrator shall
not permit any waiver for a source or portion thereof to extend
beyond the date -
(i) seven years after the date on which any waiver is granted
to such source or portion thereof, or
(ii) four years after the date on which such source or portion
thereof commences operation,
whichever is earlier.
(F) No waiver under this subsection shall apply to any portion of
a source other than the portion on which the innovative
technological system or systems of continuous emission reduction is
used.
(2)(A) If a waiver under paragraph (1) is terminated under clause
(ii) of paragraph (1)(D), the Administrator shall grant an
extension of the requirements of this section for such source for
such minimum period as may be necessary to comply with the
applicable standard of performance under this section. Such period
shall not extend beyond the date three years from the time such
waiver is terminated.
(B) An extension granted under this paragraph shall set forth
emission limits and a compliance schedule containing increments of
progress which require compliance with the applicable standards of
performance as expeditiously as practicable and include such
measures as are necessary and practicable in the interim to
minimize emissions. Such schedule shall be treated as a standard of
performance for purposes of subsection (e) of this section and
section 7413 of this title.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 111, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1683; amended Pub. L. 92-
157, title III, Sec. 302(f), Nov. 18, 1971, 85 Stat. 464; Pub. L.
95-95, title I, Sec. 109(a)-(d)(1), (e), (f), title IV, Sec.
401(b), Aug. 7, 1977, 91 Stat. 697-703, 791; Pub. L. 95-190, Sec.
14(a)(7)-(9), Nov. 16, 1977, 91 Stat. 1399; Pub. L. 95-623, Sec.
13(a), Nov. 9, 1978, 92 Stat. 3457; Pub. L. 101-549, title I, Sec.
108(e)-(g), title III, Sec. 302(a), (b), title IV, Sec. 403(a),
Nov. 15, 1990, 104 Stat. 2467, 2574, 2631.)
-REFTEXT-
REFERENCES IN TEXT
Such Act, referred to in subsec. (a)(8), means Pub. L. 93-319,
June 22, 1974, 88 Stat. 246, as amended, known as the Energy Supply
and Environmental Coordination Act of 1974, 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 subsec. (a)(8), 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.
Subsection (a)(1) of this section, referred to in subsec. (b)(6),
was amended generally by Pub. L. 101-549, title VII, Sec. 403(a),
Nov. 15, 1990, 104 Stat. 2631, and, as so amended, no longer
contains subpars.
-COD-
CODIFICATION
Section was formerly classified to section 1857c-6 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 111 of act July 14, 1955, was renumbered section
118 by Pub. L. 91-604 and is classified to section 7418 of this
title.
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 403(a), amended par.
(1) generally, substituting provisions defining "standard of
performance" with respect to any air pollutant for provisions
defining such term with respect to subsec. (b) fossil fuel fired
and other stationary sources and subsec. (d) particular sources.
Subsec. (a)(3). Pub. L. 101-549, Sec. 108(f), inserted at end
"Nothing in subchapter II of this chapter relating to nonroad
engines shall be construed to apply to stationary internal
combustion engines."
Subsec. (b)(1)(B). Pub. L. 101-549, Sec. 108(e)(1), substituted
"Within one year" for "Within 120 days", "within one year" for
"within 90 days", and "every 8 years" for "every four years",
inserted before last sentence "Notwithstanding the requirements of
the previous sentence, the Administrator need not review any such
standard if the Administrator determines that such review is not
appropriate in light of readily available information on the
efficacy of such standard.", and inserted at end "When
implementation and enforcement of any requirement of this chapter
indicate that emission limitations and percent reductions beyond
those required by the standards promulgated under this section are
achieved in practice, the Administrator shall, when revising
standards promulgated under this section, consider the emission
limitations and percent reductions achieved in practice."
Subsec. (d)(1)(A)(i). Pub. L. 101-549, Sec. 302(a), which
directed the substitution of "7412(b)" for "7412(b)(1)(A)", could
not be executed, because of the prior amendment by Pub. L. 101-549,
Sec. 108(g), see below.
Pub. L. 101-549, Sec. 108(g), substituted "or emitted from a
source category which is regulated under section 7412 of this
title" for "or 7412(b)(1)(A)".
Subsec. (f)(1). Pub. L. 101-549, Sec. 108(e)(2), amended par. (1)
generally, substituting present provisions for provisions requiring
the Administrator to promulgate regulations listing the categories
of major stationary sources not on the required list by Aug. 7,
1977, and regulations establishing standards of performance for
such categories.
Subsec. (g)(5) to (8). Pub. L. 101-549, Sec. 302(b), redesignated
par. (7) as (5) and struck out "or section 7412 of this title"
after "this section", redesignated par. (8) as (6), and struck out
former pars. (5) and (6) which read as follows:
"(5) Upon application by the Governor of a State showing that the
Administrator has failed to list any air pollutant which causes, or
contributes to, air pollution which may reasonably be anticipated
to result in an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness as a hazardous
air pollutant under section 7412 of this title the Administrator
shall revise the list of hazardous air pollutants under such
section to include such pollutant.
"(6) Upon application by the Governor of a State showing that any
category of stationary sources of a hazardous air pollutant listed
under section 7412 of this title is not subject to emission
standards under such section, the Administrator shall propose and
promulgate such emission standards applicable to such category of
sources."
1978 - Subsecs. (d)(1)(A)(ii), (g)(4)(B). Pub. L. 95-623, Sec.
13(a)(2), substituted "under this section" for "under subsection
(b) of this section".
Subsec. (h)(5). Pub. L. 95-623, Sec. 13(a)(1), added par. (5).
Subsec. (j). Pub. L. 95-623, Sec. 13(a)(3), substituted in pars.
(1)(A) and (2)(A) "standards under this section" and "under this
section" for "standards under subsection (b) of this section" and
"under subsection (b) of this section", respectively.
1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 109(c)(1)(A), added
subpars. (A), (B), and (C), substituted "For the purpose of
subparagraphs (A)(i) and (ii) and (B), a standard of performance
shall reflect" for "a standard for emissions of air pollutants
which reflects", "and the percentage reduction achievable" for
"achievable", and "technological system of continuous emission
reduction which (taking into consideration the cost of achieving
such emission reduction, and any nonair quality health and
environment impact and energy requirements)" for "system of
emission reduction which (taking into account the cost of achieving
such reduction)" in existing provisions, and inserted provision
that, for the purpose of subparagraph (1)(A)(ii), any cleaning of
the fuel or reduction in the pollution characteristics of the fuel
after extraction and prior to combustion may be credited, as
determined under regulations promulgated by the Administrator, to a
source which burns such fuel.
Subsec. (a)(7). Pub. L. 95-95, Sec. 109(c)(1)(B), added par. (7)
defining "technological system of continuous emission reduction".
Pub. L. 95-95, Sec. 109(f), added par. (7) directing that under
certain circumstances a conversion to coal not be deemed a
modification for purposes of pars. (2) and (4).
Subsec. (a)(7), (8). Pub. L. 95-190, Sec. 14(a)(7), redesignated
second par. (7) as (8).
Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 401(b), substituted "such
list if in his judgment it causes, or contributes significantly to,
air pollution which may reasonably be anticipated to endanger" for
"such list if he determines it may contribute significantly to air
pollution which causes or contributes to the endangerment of".
Subsec. (b)(1)(B). Pub. L. 95-95, Sec. 109(c)(2), substituted
"shall, at least every four years, review and, if appropriate," for
"may, from time to time,".
Subsec. (b)(5), (6). Pub. L. 95-95, Sec. 109(c)(3), added pars.
(5) and (6).
Subsec. (c)(1). Pub. L. 95-95, Sec. 109(d)(1), struck out
"(except with respect to new sources owned or operated by the
United States)" after "implement and enforce such standards".
Subsec. (d)(1). Pub. L. 95-95, Sec. 109(b)(1), substituted
"standards of performance" for "emission standards" and inserted
provisions directing that regulations of the Administrator permit
the State, in applying a standard of performance to any particular
source under a submitted plan, to take into consideration, among
other factors, the remaining useful life of the existing source to
which the standard applies.
Subsec. (d)(2). Pub. L. 95-95, Sec. 109(b)(2), provided that, in
promulgating a standard of performance under a plan, the
Administrator take into consideration, among other factors, the
remaining useful lives of the sources in the category of sources to
which the standard applies.
Subsecs. (f) to (i). Pub. L. 95-95, Sec. 109(a), added subsecs.
(f) to (i).
Subsecs. (j), (k). Pub. L. 95-190, Sec. 14(a)(8), (9),
redesignated subsec. (k) as (j) and, as so redesignated,
substituted "(B)" for "(8)" as designation for second subpar. in
par. (2). Former subsec. (j), added by Pub. L. 95-95, Sec. 109(e),
which related to compliance with applicable standards of
performance, was struck out.
Pub. L. 95-95, Sec. 109(e), added subsec. (k).
1971 - Subsec. (b)(1)(B). Pub. L. 92-157 substituted in first
sentence "publish proposed" for "propose".
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.
REGULATIONS
Section 403(b), (c) of Pub. L. 101-549 provided that:
"(b) Revised Regulations. - Not later than three years after the
date of enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
1990], the Administrator shall promulgate revised regulations for
standards of performance for new fossil fuel fired electric utility
units commencing construction after the date on which such
regulations are proposed that, at a minimum, require any source
subject to such revised standards to emit sulfur dioxide at a rate
not greater than would have resulted from compliance by such source
with the applicable standards of performance under this section
[amending sections 7411 and 7479 of this title] prior to such
revision.
"(c) Applicability. - The provisions of subsections (a) [amending
this section] and (b) apply only so long as the provisions of
section 403(e) of the Clean Air Act [42 U.S.C. 7651b(e)] remain in
effect."
-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Administrator or other official in
Environmental Protection Agency related to compliance with new
source performance standards under this section with respect to pre-
construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas
transferred to Federal Inspector, Office of Federal Inspector for
the Alaska Natural Gas Transportation System, until first
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, eff. July 1,
1979, Secs. 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, set out in the Appendix to Title 5, Government Organization
and Employees. Office of Federal Inspector for the Alaska Natural
Gas Transportation System abolished and functions and authority
vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title 15.
-MISC2-
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.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7412 01/08/2008
-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. 7412. Hazardous air pollutants
-STATUTE-
(a) Definitions
For purposes of this section, except subsection (r) of this
section -
(1) Major source
The term "major source" means any stationary source or group of
stationary sources located within a contiguous area and under
common control that emits or has the potential to emit
considering controls, in the aggregate, 10 tons per year or more
of any hazardous air pollutant or 25 tons per year or more of any
combination of hazardous air pollutants. The Administrator may
establish a lesser quantity, or in the case of radionuclides
different criteria, for a major source than that specified in the
previous sentence, on the basis of the potency of the air
pollutant, persistence, potential for bioaccumulation, other
characteristics of the air pollutant, or other relevant factors.
(2) Area source
The term "area source" means any stationary source of hazardous
air pollutants that is not a major source. For purposes of this
section, the term "area source" shall not include motor vehicles
or nonroad vehicles subject to regulation under subchapter II of
this chapter.
(3) Stationary source
The term "stationary source" shall have the same meaning as
such term has under section 7411(a) of this title.
(4) New source
The term "new source" means a stationary source the
construction or reconstruction of which is commenced after the
Administrator first proposes regulations under this section
establishing an emission standard applicable to such source.
(5) Modification
The term "modification" means any physical change in, or change
in the method of operation of, a major source which increases the
actual emissions of any hazardous air pollutant emitted by such
source by more than a de minimis amount or which results in the
emission of any hazardous air pollutant not previously emitted by
more than a de minimis amount.
(6) Hazardous air pollutant
The term "hazardous air pollutant" means any air pollutant
listed pursuant to subsection (b) of this section.
(7) Adverse environmental effect
The term "adverse environmental effect" means any significant
and widespread adverse effect, which may reasonably be
anticipated, to wildlife, aquatic life, or other natural
resources, including adverse impacts on populations of endangered
or threatened species or significant degradation of environmental
quality over broad areas.
(8) Electric utility steam generating unit
The term "electric utility steam generating unit" means any
fossil fuel fired combustion unit of more than 25 megawatts that
serves a generator that produces electricity for sale. A unit
that cogenerates steam and electricity and supplies more than one-
third of its potential electric output capacity and more than 25
megawatts electrical output to any utility power distribution
system for sale shall be considered an electric utility steam
generating unit.
(9) Owner or operator
The term "owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
(10) Existing source
The term "existing source" means any stationary source other
than a new source.
(11) Carcinogenic effect
Unless revised, the term "carcinogenic effect" shall have the
meaning provided by the Administrator under Guidelines for
Carcinogenic Risk Assessment as of the date of enactment.(!1) Any
revisions in the existing Guidelines shall be subject to notice
and opportunity for comment.
(b) List of pollutants
(1) Initial list
The Congress establishes for purposes of this section a list of
hazardous air pollutants as follows:
CAS Chemical name
number
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75070 Acetaldehyde
60355 Acetamide
75058 Acetonitrile
98862 Acetophenone
53963 2-Acetylaminofluorene
107028 Acrolein
79061 Acrylamide
79107 Acrylic acid
107131 Acrylonitrile
107051 Allyl chloride
92671 4-Aminobiphenyl
62533 Aniline
90040 o-Anisidine
1332214 Asbestos
71432 Benzene (including benzene from gasoline)
92875 Benzidine
98077 Benzotrichloride
100447 Benzyl chloride
92524 Biphenyl
117817 Bis(2-ethylhexyl)phthalate (DEHP)
542881 Bis(chloromethyl)ether
75252 Bromoform
106990 1,3-Butadiene
156627 Calcium cyanamide
105602 Caprolactam
133062 Captan
63252 Carbaryl
75150 Carbon disulfide
56235 Carbon tetrachloride
463581 Carbonyl sulfide
120809 Catechol
133904 Chloramben
57749 Chlordane
7782505 Chlorine
79118 Chloroacetic acid
532274 2-Chloroacetophenone
108907 Chlorobenzene
510156 Chlorobenzilate
67663 Chloroform
107302 Chloromethyl methyl ether
126998 Chloroprene
1319773 Cresols/Cresylic acid (isomers and mixture)
95487 o-Cresol
108394 m-Cresol
106445 p-Cresol
98828 Cumene
94757 2,4-D, salts and esters
3547044 DDE
334883 Diazomethane
132649 Dibenzofurans
96128 1,2-Dibromo-3-chloropropane
84742 Dibutylphthalate
106467 1,4-Dichlorobenzene(p)
91941 3,3-Dichlorobenzidene
111444 Dichloroethyl ether (Bis(2-chloroethyl)ether)
542756 1,3-Dichloropropene
62737 Dichlorvos
111422 Diethanolamine
121697 N,N-Diethyl aniline (N,N-Dimethylaniline)
64675 Diethyl sulfate
119904 3,3-Dimethoxybenzidine
60117 Dimethyl aminoazobenzene
119937 3,3-Dimethyl benzidine
79447 Dimethyl carbamoyl chloride
68122 Dimethyl formamide
57147 1,1-Dimethyl hydrazine
131113 Dimethyl phthalate
77781 Dimethyl sulfate
534521 4,6-Dinitro-o-cresol, and salts
51285 2,4-Dinitrophenol
121142 2,4-Dinitrotoluene
123911 1,4-Dioxane (1,4-Diethyleneoxide)
122667 1,2-Diphenylhydrazine
106898 Epichlorohydrin (l-Chloro-2,3-epoxypropane)
106887 1,2-Epoxybutane
140885 Ethyl acrylate
100414 Ethyl benzene
51796 Ethyl carbamate (Urethane)
75003 Ethyl chloride (Chloroethane)
106934 Ethylene dibromide (Dibromoethane)
107062 Ethylene dichloride (1,2-Dichloroethane)
107211 Ethylene glycol
151564 Ethylene imine (Aziridine)
75218 Ethylene oxide
96457 Ethylene thiourea
75343 Ethylidene dichloride (1,1-Dichloroethane)
50000 Formaldehyde
76448 Heptachlor
118741 Hexachlorobenzene
87683 Hexachlorobutadiene
77474 Hexachlorocyclopentadiene
67721 Hexachloroethane
822060 Hexamethylene-1,6-diisocyanate
680319 Hexamethylphosphoramide
110543 Hexane
302012 Hydrazine
7647010 Hydrochloric acid
7664393 Hydrogen fluoride (Hydrofluoric acid)
123319 Hydroquinone
78591 Isophorone
58899 Lindane (all isomers)
108316 Maleic anhydride
67561 Methanol
72435 Methoxychlor
74839 Methyl bromide (Bromomethane)
74873 Methyl chloride (Chloromethane)
71556 Methyl chloroform (1,1,1-Trichloroethane)
78933 Methyl ethyl ketone (2-Butanone)
60344 Methyl hydrazine
74884 Methyl iodide (Iodomethane)
108101 Methyl isobutyl ketone (Hexone)
624839 Methyl isocyanate
80626 Methyl methacrylate
1634044 Methyl tert butyl ether
101144 4,4-Methylene bis(2-chloroaniline)
75092 Methylene chloride (Dichloromethane)
101688 Methylene diphenyl diisocyanate (MDI)
101779 4,4-Methylenedianiline
91203 Naphthalene
98953 Nitrobenzene
92933 4-Nitrobiphenyl
100027 4-Nitrophenol
79469 2-Nitropropane
684935 N-Nitroso-N-methylurea
62759 N-Nitrosodimethylamine
59892 N-Nitrosomorpholine
56382 Parathion
82688 Pentachloronitrobenzene (Quintobenzene)
87865 Pentachlorophenol
108952 Phenol
106503 p-Phenylenediamine
75445 Phosgene
7803512 Phosphine
7723140 Phosphorus
85449 Phthalic anhydride
1336363 Polychlorinated biphenyls (Aroclors)
1120714 1,3-Propane sultone
57578 beta-Propiolactone
123386 Propionaldehyde
114261 Propoxur (Baygon)
78875 Propylene dichloride (1,2-Dichloropropane)
75569 Propylene oxide
75558 1,2-Propylenimine (2-Methyl aziridine)
91225 Quinoline
106514 Quinone
100425 Styrene
96093 Styrene oxide
1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin
79345 1,1,2,2-Tetrachloroethane
127184 Tetrachloroethylene (Perchloroethylene)
7550450 Titanium tetrachloride
108883 Toluene
95807 2,4-Toluene diamine
584849 2,4-Toluene diisocyanate
95534 o-Toluidine
8001352 Toxaphene (chlorinated camphene)
120821 1,2,4-Trichlorobenzene
79005 1,1,2-Trichloroethane
79016 Trichloroethylene
95954 2,4,5-Trichlorophenol
88062 2,4,6-Trichlorophenol
121448 Triethylamine
1582098 Trifluralin
540841 2,2,4-Trimethylpentane
108054 Vinyl acetate
593602 Vinyl bromide
75014 Vinyl chloride
75354 Vinylidene chloride (1,1-Dichloroethylene)
1330207 Xylenes (isomers and mixture)
95476 o-Xylenes
108383 m-Xylenes
106423 p-Xylenes
0 Antimony Compounds
0 Arsenic Compounds (inorganic including arsine)
0 Beryllium Compounds
0 Cadmium Compounds
0 Chromium Compounds
0 Cobalt Compounds
0 Coke Oven Emissions
0 Cyanide Compounds(!1)
0 Glycol ethers(!2)
0 Lead Compounds
0 Manganese Compounds
0 Mercury Compounds
0 Fine mineral fibers(!3)
0 Nickel Compounds
0 Polycylic Organic Matter(!4)
0 Radionuclides (including radon)(!5)
0 Selenium Compounds
NOTE: For all listings above which contain the word "compounds"
and for glycol ethers, the following applies: Unless otherwise
specified, these listings are defined as including any unique
chemical substance that contains the named chemical (i.e.,
antimony, arsenic, etc.) as part of that chemical's infrastructure.
(!1) XCN where X = H or any other group where a formal
dissociation may occur. For example KCN or Ca(CN)2.
(!2) Includes mono- and di- ethers of ethylene glycol, diethylene
glycol, and triethylene glycol R-(OCH2CH2)n-OR where
n = 1, 2, or 3
R = alkyl or aryl groups
R = R, H, or groups which, when removed, yield glycol ethers with
the structure: R-(OCH2CH)n-OH. Polymers are excluded from the
glycol category.
(!3) Includes mineral fiber emissions from facilities
manufacturing or processing glass, rock, or slag fibers (or other
mineral derived fibers) of average diameter 1 micrometer or less.
(!4) Includes organic compounds with more than one benzene ring,
and which have a boiling point greater than or equal to
100ºC.
(!5) A type of atom which spontaneously undergoes radioactive
decay.
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(2) Revision of the list
The Administrator shall periodically review the list
established by this subsection and publish the results thereof
and, where appropriate, revise such list by rule, adding
pollutants which present, or may present, through inhalation or
other routes of exposure, a threat of adverse human health
effects (including, but not limited to, substances which are
known to be, or may reasonably be anticipated to be,
carcinogenic, mutagenic, teratogenic, neurotoxic, which cause
reproductive dysfunction, or which are acutely or chronically
toxic) or adverse environmental effects whether through ambient
concentrations, bioaccumulation, deposition, or otherwise, but
not including releases subject to regulation under subsection (r)
of this section as a result of emissions to the air. No air
pollutant which is listed under section 7408(a) of this title may
be added to the list under this section, except that the
prohibition of this sentence shall not apply to any pollutant
which independently meets the listing criteria of this paragraph
and is a precursor to a pollutant which is listed under section
7408(a) of this title or to any pollutant which is in a class of
pollutants listed under such section. No substance, practice,
process or activity regulated under subchapter VI of this chapter
shall be subject to regulation under this section solely due to
its adverse effects on the environment.
(3) Petitions to modify the list
(A) Beginning at any time after 6 months after November 15,
1990, any person may petition the Administrator to modify the
list of hazardous air pollutants under this subsection by adding
or deleting a substance or, in case of listed pollutants without
CAS numbers (other than coke oven emissions, mineral fibers, or
polycyclic organic matter) removing certain unique substances.
Within 18 months after receipt of a petition, the Administrator
shall either grant or deny the petition by publishing a written
explanation of the reasons for the Administrator's decision. Any
such petition shall include a showing by the petitioner that
there is adequate data on the health or environmental defects
(!2) of the pollutant or other evidence adequate to support the
petition. The Administrator may not deny a petition solely on the
basis of inadequate resources or time for review.
(B) The Administrator shall add a substance to the list upon a
showing by the petitioner or on the Administrator's own
determination that the substance is an air pollutant and that
emissions, ambient concentrations, bioaccumulation or deposition
of the substance are known to cause or may reasonably be
anticipated to cause adverse effects to human health or adverse
environmental effects.
(C) The Administrator shall delete a substance from the list
upon a showing by the petitioner or on the Administrator's own
determination that there is adequate data on the health and
environmental effects of the substance to determine that
emissions, ambient concentrations, bioaccumulation or deposition
of the substance may not reasonably be anticipated to cause any
adverse effects to the human health or adverse environmental
effects.
(D) The Administrator shall delete one or more unique chemical
substances that contain a listed hazardous air pollutant not
having a CAS number (other than coke oven emissions, mineral
fibers, or polycyclic organic matter) upon a showing by the
petitioner or on the Administrator's own determination that such
unique chemical substances that contain the named chemical of
such listed hazardous air pollutant meet the deletion
requirements of subparagraph (C). The Administrator must grant or
deny a deletion petition prior to promulgating any emission
standards pursuant to subsection (d) of this section applicable
to any source category or subcategory of a listed hazardous air
pollutant without a CAS number listed under subsection (b) of
this section for which a deletion petition has been filed within
12 months of November 15, 1990.
(4) Further information
If the Administrator determines that information on the health
or environmental effects of a substance is not sufficient to make
a determination required by this subsection, the Administrator
may use any authority available to the Administrator to acquire
such information.
(5) Test methods
The Administrator may establish, by rule, test measures and
other analytic procedures for monitoring and measuring emissions,
ambient concentrations, deposition, and bioaccumulation of
hazardous air pollutants.
(6) Prevention of significant deterioration
The provisions of part C of this subchapter (prevention of
significant deterioration) shall not apply to pollutants listed
under this section.
(7) Lead
The Administrator may not list elemental lead as a hazardous
air pollutant under this subsection.
(c) List of source categories
(1) In general
Not later than 12 months after November 15, 1990, the
Administrator shall publish, and shall from time to time, but no
less often than every 8 years, revise, if appropriate, in
response to public comment or new information, a list of all
categories and subcategories of major sources and area sources
(listed under paragraph (3)) of the air pollutants listed
pursuant to subsection (b) of this section. To the extent
practicable, the categories and subcategories listed under this
subsection shall be consistent with the list of source categories
established pursuant to section 7411 of this title and part C of
this subchapter. Nothing in the preceding sentence limits the
Administrator's authority to establish subcategories under this
section, as appropriate.
(2) Requirement for emissions standards
For the categories and subcategories the Administrator lists,
the Administrator shall establish emissions standards under
subsection (d) of this section, according to the schedule in this
subsection and subsection (e) of this section.
(3) Area sources
The Administrator shall list under this subsection each
category or subcategory of area sources which the Administrator
finds presents a threat of adverse effects to human health or the
environment (by such sources individually or in the aggregate)
warranting regulation under this section. The Administrator
shall, not later than 5 years after November 15, 1990, and
pursuant to subsection (k)(3)(B) of this section, list, based on
actual or estimated aggregate emissions of a listed pollutant or
pollutants, sufficient categories or subcategories of area
sources to ensure that area sources representing 90 percent of
the area source emissions of the 30 hazardous air pollutants that
present the greatest threat to public health in the largest
number of urban areas are subject to regulation under this
section. Such regulations shall be promulgated not later than 10
years after November 15, 1990.
(4) Previously regulated categories
The Administrator may, in the Administrator's discretion, list
any category or subcategory of sources previously regulated under
this section as in effect before November 15, 1990.
(5) Additional categories
In addition to those categories and subcategories of sources
listed for regulation pursuant to paragraphs (1) and (3), the
Administrator may at any time list additional categories and
subcategories of sources of hazardous air pollutants according to
the same criteria for listing applicable under such paragraphs.
In the case of source categories and subcategories listed after
publication of the initial list required under paragraph (1) or
(3), emission standards under subsection (d) of this section for
the category or subcategory shall be promulgated within 10 years
after November 15, 1990, or within 2 years after the date on
which such category or subcategory is listed, whichever is later.
(6) Specific pollutants
With respect to alkylated lead compounds, polycyclic organic
matter, hexachlorobenzene, mercury, polychlorinated biphenyls,
2,3,7,8-tetrachlorodibenzofurans and 2,3,7,8-tetrachlorodibenzo-p-
dioxin, the Administrator shall, not later than 5 years after
November 15, 1990, list categories and subcategories of sources
assuring that sources accounting for not less than 90 per centum
of the aggregate emissions of each such pollutant are subject to
standards under subsection (d)(2) or (d)(4) of this section. Such
standards shall be promulgated not later than 10 years after
November 15, 1990. This paragraph shall not be construed to
require the Administrator to promulgate standards for such
pollutants emitted by electric utility steam generating units.
(7) Research facilities
The Administrator shall establish a separate category covering
research or laboratory facilities, as necessary to assure the
equitable treatment of such facilities. For purposes of this
section, "research or laboratory facility" means any stationary
source whose primary purpose is to conduct research and
development into new processes and products, where such source is
operated under the close supervision of technically trained
personnel and is not engaged in the manufacture of products for
commercial sale in commerce, except in a de minimis manner.
(8) Boat manufacturing
When establishing emissions standards for styrene, the
Administrator shall list boat manufacturing as a separate
subcategory unless the Administrator finds that such listing
would be inconsistent with the goals and requirements of this
chapter.
(9) Deletions from the list
(A) Where the sole reason for the inclusion of a source
category on the list required under this subsection is the
emission of a unique chemical substance, the Administrator shall
delete the source category from the list if it is appropriate
because of action taken under either subparagraphs (C) or (D) of
subsection (b)(3) of this section.
(B) The Administrator may delete any source category from the
list under this subsection, on petition of any person or on the
Administrator's own motion, whenever the Administrator makes the
following determination or determinations, as applicable:
(i) In the case of hazardous air pollutants emitted by
sources in the category that may result in cancer in humans, a
determination that no source in the category (or group of
sources in the case of area sources) emits such hazardous air
pollutants in quantities which may cause a lifetime risk of
cancer greater than one in one million to the individual in the
population who is most exposed to emissions of such pollutants
from the source (or group of sources in the case of area
sources).
(ii) In the case of hazardous air pollutants that may result
in adverse health effects in humans other than cancer or
adverse environmental effects, a determination that emissions
from no source in the category or subcategory concerned (or
group of sources in the case of area sources) exceed a level
which is adequate to protect public health with an ample margin
of safety and no adverse environmental effect will result from
emissions from any source (or from a group of sources in the
case of area sources).
The Administrator shall grant or deny a petition under this
paragraph within 1 year after the petition is filed.
(d) Emission standards
(1) In general
The Administrator shall promulgate regulations establishing
emission standards for each category or subcategory of major
sources and area sources of hazardous air pollutants listed for
regulation pursuant to subsection (c) of this section in
accordance with the schedules provided in subsections (c) and (e)
of this section. The Administrator may distinguish among classes,
types, and sizes of sources within a category or subcategory in
establishing such standards except that, there shall be no delay
in the compliance date for any standard applicable to any source
under subsection (i) of this section as the result of the
authority provided by this sentence.
(2) Standards and methods
Emissions standards promulgated under this subsection and
applicable to new or existing sources of hazardous air pollutants
shall require the maximum degree of reduction in emissions of the
hazardous air pollutants subject to this section (including a
prohibition on such emissions, where achievable) that the
Administrator, taking into consideration the cost of achieving
such emission reduction, and any non-air quality health and
environmental impacts and energy requirements, determines is
achievable for new or existing sources in the category or
subcategory to which such emission standard applies, through
application of measures, processes, methods, systems or
techniques including, but not limited to, measures which -
(A) reduce the volume of, or eliminate emissions of, such
pollutants through process changes, substitution of materials
or other modifications,
(B) enclose systems or processes to eliminate emissions,
(C) collect, capture or treat such pollutants when released
from a process, stack, storage or fugitive emissions point,
(D) are design, equipment, work practice, or operational
standards (including requirements for operator training or
certification) as provided in subsection (h) of this section,
or
(E) are a combination of the above.
None of the measures described in subparagraphs (A) through (D)
shall, consistent with the provisions of section 7414(c) of this
title, in any way compromise any United States patent or United
States trademark right, or any confidential business information,
or any trade secret or any other intellectual property right.
(3) New and existing sources
The maximum degree of reduction in emissions that is deemed
achievable for new sources in a category or subcategory shall not
be less stringent than the emission control that is achieved in
practice by the best controlled similar source, as determined by
the Administrator. Emission standards promulgated under this
subsection for existing sources in a category or subcategory may
be less stringent than standards for new sources in the same
category or subcategory but shall not be less stringent, and may
be more stringent than -
(A) the average emission limitation achieved by the best
performing 12 percent of the existing sources (for which the
Administrator has emissions information), excluding those
sources that have, within 18 months before the emission
standard is proposed or within 30 months before such standard
is promulgated, whichever is later, first achieved a level of
emission rate or emission reduction which complies, or would
comply if the source is not subject to such standard, with the
lowest achievable emission rate (as defined by section 7501 of
this title) applicable to the source category and prevailing at
the time, in the category or subcategory for categories and
subcategories with 30 or more sources, or
(B) the average emission limitation achieved by the best
performing 5 sources (for which the Administrator has or could
reasonably obtain emissions information) in the category or
subcategory for categories or subcategories with fewer than 30
sources.
(4) Health threshold
With respect to pollutants for which a health threshold has
been established, the Administrator may consider such threshold
level, with an ample margin of safety, when establishing emission
standards under this subsection.
(5) Alternative standard for area sources
With respect only to categories and subcategories of area
sources listed pursuant to subsection (c) of this section, the
Administrator may, in lieu of the authorities provided in
paragraph (2) and subsection (f) of this section, elect to
promulgate standards or requirements applicable to sources in
such categories or subcategories which provide for the use of
generally available control technologies or management practices
by such sources to reduce emissions of hazardous air pollutants.
(6) Review and revision
The Administrator shall review, and revise as necessary (taking
into account developments in practices, processes, and control
technologies), emission standards promulgated under this section
no less often than every 8 years.
(7) Other requirements preserved
No emission standard or other requirement promulgated under
this section shall be interpreted, construed or applied to
diminish or replace the requirements of a more stringent emission
limitation or other applicable requirement established pursuant
to section 7411 of this title, part C or D of this subchapter, or
other authority of this chapter or a standard issued under State
authority.
(8) Coke ovens
(A) Not later than December 31, 1992, the Administrator shall
promulgate regulations establishing emission standards under
paragraphs (2) and (3) of this subsection for coke oven
batteries. In establishing such standards, the Administrator
shall evaluate -
(i) the use of sodium silicate (or equivalent) luting
compounds to prevent door leaks, and other operating practices
and technologies for their effectiveness in reducing coke oven
emissions, and their suitability for use on new and existing
coke oven batteries, taking into account costs and reasonable
commercial door warranties; and
(ii) as a basis for emission standards under this subsection
for new coke oven batteries that begin construction after the
date of proposal of such standards, the Jewell design Thompson
non-recovery coke oven batteries and other non-recovery coke
oven technologies, and other appropriate emission control and
coke production technologies, as to their effectiveness in
reducing coke oven emissions and their capability for
production of steel quality coke.
Such regulations shall require at a minimum that coke oven
batteries will not exceed 8 per centum leaking doors, 1 per
centum leaking lids, 5 per centum leaking offtakes, and 16
seconds visible emissions per charge, with no exclusion for
emissions during the period after the closing of self-sealing
oven doors. Notwithstanding subsection (i) of this section, the
compliance date for such emission standards for existing coke
oven batteries shall be December 31, 1995.
(B) The Administrator shall promulgate work practice
regulations under this subsection for coke oven batteries
requiring, as appropriate -
(i) the use of sodium silicate (or equivalent) luting
compounds, if the Administrator determines that use of sodium
silicate is an effective means of emissions control and is
achievable, taking into account costs and reasonable commercial
warranties for doors and related equipment; and
(ii) door and jam cleaning practices.
Notwithstanding subsection (i) of this section, the compliance
date for such work practice regulations for coke oven batteries
shall be not later than the date 3 years after November 15, 1990.
(C) For coke oven batteries electing to qualify for an
extension of the compliance date for standards promulgated under
subsection (f) of this section in accordance with subsection
(i)(8) of this section, the emission standards under this
subsection for coke oven batteries shall require that coke oven
batteries not exceed 8 per centum leaking doors, 1 per centum
leaking lids, 5 per centum leaking offtakes, and 16 seconds
visible emissions per charge, with no exclusion for emissions
during the period after the closing of self-sealing doors.
Notwithstanding subsection (i) of this section, the compliance
date for such emission standards for existing coke oven batteries
seeking an extension shall be not later than the date 3 years
after November 15, 1990.
(9) Sources licensed by the Nuclear Regulatory Commission
No standard for radionuclide emissions from any category or
subcategory of facilities licensed by the Nuclear Regulatory
Commission (or an Agreement State) is required to be promulgated
under this section if the Administrator determines, by rule, and
after consultation with the Nuclear Regulatory Commission, that
the regulatory program established by the Nuclear Regulatory
Commission pursuant to the Atomic Energy Act [42 U.S.C. 2011 et
seq.] for such category or subcategory provides an ample margin
of safety to protect the public health. Nothing in this
subsection shall preclude or deny the right of any State or
political subdivision thereof to adopt or enforce any standard or
limitation respecting emissions of radionuclides which is more
stringent than the standard or limitation in effect under section
7411 of this title or this section.
(10) Effective date
Emission standards or other regulations promulgated under this
subsection shall be effective upon promulgation.
(e) Schedule for standards and review
(1) In general
The Administrator shall promulgate regulations establishing
emission standards for categories and subcategories of sources
initially listed for regulation pursuant to subsection (c)(1) of
this section as expeditiously as practicable, assuring that -
(A) emission standards for not less than 40 categories and
subcategories (not counting coke oven batteries) shall be
promulgated not later than 2 years after November 15, 1990;
(B) emission standards for coke oven batteries shall be
promulgated not later than December 31, 1992;
(C) emission standards for 25 per centum of the listed
categories and subcategories shall be promulgated not later
than 4 years after November 15, 1990;
(D) emission standards for an additional 25 per centum of the
listed categories and subcategories shall be promulgated not
later than 7 years after November 15, 1990; and
(E) emission standards for all categories and subcategories
shall be promulgated not later than 10 years after November 15,
1990.
(2) Priorities
In determining priorities for promulgating standards under
subsection (d) of this section, the Administrator shall consider -
(A) the known or anticipated adverse effects of such
pollutants on public health and the environment;
(B) the quantity and location of emissions or reasonably
anticipated emissions of hazardous air pollutants that each
category or subcategory will emit; and
(C) the efficiency of grouping categories or subcategories
according to the pollutants emitted, or the processes or
technologies used.
(3) Published schedule
Not later than 24 months after November 15, 1990, and after
opportunity for comment, the Administrator shall publish a
schedule establishing a date for the promulgation of emission
standards for each category and subcategory of sources listed
pursuant to subsection (c)(1) and (3) of this section which shall
be consistent with the requirements of paragraphs (1) and (2).
The determination of priorities for the promulgation of standards
pursuant to this paragraph is not a rulemaking and shall not be
subject to judicial review, except that, failure to promulgate
any standard pursuant to the schedule established by this
paragraph shall be subject to review under section 7604 of this
title.
(4) Judicial review
Notwithstanding section 7607 of this title, no action of the
Administrator adding a pollutant to the list under subsection (b)
of this section or listing a source category or subcategory under
subsection (c) of this section shall be a final agency action
subject to judicial review, except that any such action may be
reviewed under such section 7607 of this title when the
Administrator issues emission standards for such pollutant or
category.
(5) Publicly owned treatment works
The Administrator shall promulgate standards pursuant to
subsection (d) of this section applicable to publicly owned
treatment works (as defined in title II of the Federal Water
Pollution Control Act [33 U.S.C. 1281 et seq.]) not later than 5
years after November 15, 1990.
(f) Standard to protect health and environment
(1) Report
Not later than 6 years after November 15, 1990, the
Administrator shall investigate and report, after consultation
with the Surgeon General and after opportunity for public
comment, to Congress on -
(A) methods of calculating the risk to public health
remaining, or likely to remain, from sources subject to
regulation under this section after the application of
standards under subsection (d) of this section;
(B) the public health significance of such estimated
remaining risk and the technologically and commercially
available methods and costs of reducing such risks;
(C) the actual health effects with respect to persons living
in the vicinity of sources, any available epidemiological or
other health studies, risks presented by background
concentrations of hazardous air pollutants, any uncertainties
in risk assessment methodology or other health assessment
technique, and any negative health or environmental
consequences to the community of efforts to reduce such risks;
and
(D) recommendations as to legislation regarding such
remaining risk.
(2) Emission standards
(A) If Congress does not act on any recommendation submitted
under paragraph (1), the Administrator shall, within 8 years
after promulgation of standards for each category or subcategory
of sources pursuant to subsection (d) of this section, promulgate
standards for such category or subcategory if promulgation of
such standards is required in order to provide an ample margin of
safety to protect public health in accordance with this section
(as in effect before November 15, 1990) or to prevent, taking
into consideration costs, energy, safety, and other relevant
factors, an adverse environmental effect. Emission standards
promulgated under this subsection shall provide an ample margin
of safety to protect public health in accordance with this
section (as in effect before November 15, 1990), unless the
Administrator determines that a more stringent standard is
necessary to prevent, taking into consideration costs, energy,
safety, and other relevant factors, an adverse environmental
effect. If standards promulgated pursuant to subsection (d) of
this section and applicable to a category or subcategory of
sources emitting a pollutant (or pollutants) classified as a
known, probable or possible human carcinogen do not reduce
lifetime excess cancer risks to the individual most exposed to
emissions from a source in the category or subcategory to less
than one in one million, the Administrator shall promulgate
standards under this subsection for such source category.
(B) Nothing in subparagraph (A) or in any other provision of
this section shall be construed as affecting, or applying to the
Administrator's interpretation of this section, as in effect
before November 15, 1990, and set forth in the Federal Register
of September 14, 1989 (54 Federal Register 38044).
(C) The Administrator shall determine whether or not to
promulgate such standards and, if the Administrator decides to
promulgate such standards, shall promulgate the standards 8 years
after promulgation of the standards under subsection (d) of this
section for each source category or subcategory concerned. In the
case of categories or subcategories for which standards under
subsection (d) of this section are required to be promulgated
within 2 years after November 15, 1990, the Administrator shall
have 9 years after promulgation of the standards under subsection
(d) of this section to make the determination under the preceding
sentence and, if required, to promulgate the standards under this
paragraph.
(3) Effective date
Any emission standard established pursuant to this subsection
shall become effective upon promulgation.
(4) Prohibition
No air pollutant to which a standard under this subsection
applies may be emitted from any stationary source in violation of
such standard, except that in the case of an existing source -
(A) such standard shall not apply until 90 days after its
effective date, and
(B) the Administrator may grant a waiver permitting such
source a period of up to 2 years after the effective date of a
standard to comply with the standard if the Administrator finds
that such period is necessary for the installation of controls
and that steps will be taken during the period of the waiver to
assure that the health of persons will be protected from
imminent endangerment.
(5) Area sources
The Administrator shall not be required to conduct any review
under this subsection or promulgate emission limitations under
this subsection for any category or subcategory of area sources
that is listed pursuant to subsection (c)(3) of this section and
for which an emission standard is promulgated pursuant to
subsection (d)(5) of this section.
(6) Unique chemical substances
In establishing standards for the control of unique chemical
substances of listed pollutants without CAS numbers under this
subsection, the Administrator shall establish such standards with
respect to the health and environmental effects of the substances
actually emitted by sources and direct transformation byproducts
of such emissions in the categories and subcategories.
(g) Modifications
(1) Offsets
(A) A physical change in, or change in the method of operation
of, a major source which results in a greater than de minimis
increase in actual emissions of a hazardous air pollutant shall
not be considered a modification, if such increase in the
quantity of actual emissions of any hazardous air pollutant from
such source will be offset by an equal or greater decrease in the
quantity of emissions of another hazardous air pollutant (or
pollutants) from such source which is deemed more hazardous,
pursuant to guidance issued by the Administrator under
subparagraph (B). The owner or operator of such source shall
submit a showing to the Administrator (or the State) that such
increase has been offset under the preceding sentence.
(B) The Administrator shall, after notice and opportunity for
comment and not later than 18 months after November 15, 1990,
publish guidance with respect to implementation of this
subsection. Such guidance shall include an identification, to the
extent practicable, of the relative hazard to human health
resulting from emissions to the ambient air of each of the
pollutants listed under subsection (b) of this section sufficient
to facilitate the offset showing authorized by subparagraph (A).
Such guidance shall not authorize offsets between pollutants
where the increased pollutant (or more than one pollutant in a
stream of pollutants) causes adverse effects to human health for
which no safety threshold for exposure can be determined unless
there are corresponding decreases in such types of pollutant(s).
(2) Construction, reconstruction and modifications
(A) After the effective date of a permit program under
subchapter V of this chapter in any State, no person may modify a
major source of hazardous air pollutants in such State, unless
the Administrator (or the State) determines that the maximum
achievable control technology emission limitation under this
section for existing sources will be met. Such determination
shall be made on a case-by-case basis where no applicable
emissions limitations have been established by the Administrator.
(B) After the effective date of a permit program under
subchapter V of this chapter in any State, no person may
construct or reconstruct any major source of hazardous air
pollutants, unless the Administrator (or the State) determines
that the maximum achievable control technology emission
limitation under this section for new sources will be met. Such
determination shall be made on a case-by-case basis where no
applicable emission limitations have been established by the
Administrator.
(3) Procedures for modifications
The Administrator (or the State) shall establish reasonable
procedures for assuring that the requirements applying to
modifications under this section are reflected in the permit.
(h) Work practice standards and other requirements
(1) In general
For purposes of this section, if it is not feasible in the
judgment of the Administrator to prescribe or enforce an emission
standard for control of a hazardous air pollutant or pollutants,
the Administrator may, in lieu thereof, promulgate a design,
equipment, work practice, or operational standard, or combination
thereof, which in the Administrator's judgment is consistent with
the provisions of subsection (d) or (f) of this section. In the
event the Administrator promulgates a design or equipment
standard under this subsection, the Administrator shall include
as part of such standard such requirements as will assure the
proper operation and maintenance of any such element of design or
equipment.
(2) Definition
For the purpose of this subsection, the phrase "not feasible to
prescribe or enforce an emission standard" means any situation in
which the Administrator determines that -
(A) a hazardous air pollutant or pollutants cannot be emitted
through a conveyance designed and constructed to emit or
capture such pollutant, or that any requirement for, or use of,
such a conveyance would be inconsistent with any Federal, State
or local law, or
(B) the application of measurement methodology to a
particular class of sources is not practicable due to
technological and economic limitations.
(3) Alternative standard
If after notice and opportunity for comment, the owner or
operator of any source establishes to the satisfaction of the
Administrator that an alternative means of emission limitation
will achieve a reduction in emissions of any air pollutant at
least equivalent to the reduction in emissions of such pollutant
achieved under the requirements of paragraph (1), the
Administrator shall permit the use of such alternative by the
source for purposes of compliance with this section with respect
to such pollutant.
(4) Numerical standard required
Any standard promulgated under paragraph (1) shall be
promulgated in terms of an emission standard whenever it is
feasible to promulgate and enforce a standard in such terms.
(i) Schedule for compliance
(1) Preconstruction and operating requirements
After the effective date of any emission standard, limitation,
or regulation under subsection (d), (f) or (h) of this section,
no person may construct any new major source or reconstruct any
existing major source subject to such emission standard,
regulation or limitation unless the Administrator (or a State
with a permit program approved under subchapter V of this
chapter) determines that such source, if properly constructed,
reconstructed and operated, will comply with the standard,
regulation or limitation.
(2) Special rule
Notwithstanding the requirements of paragraph (1), a new source
which commences construction or reconstruction after a standard,
limitation or regulation applicable to such source is proposed
and before such standard, limitation or regulation is promulgated
shall not be required to comply with such promulgated standard
until the date 3 years after the date of promulgation if -
(A) the promulgated standard, limitation or regulation is
more stringent than the standard, limitation or regulation
proposed; and
(B) the source complies with the standard, limitation, or
regulation as proposed during the 3-year period immediately
after promulgation.
(3) Compliance schedule for existing sources
(A) After the effective date of any emissions standard,
limitation or regulation promulgated under this section and
applicable to a source, no person may operate such source in
violation of such standard, limitation or regulation except, in
the case of an existing source, the Administrator shall establish
a compliance date or dates for each category or subcategory of
existing sources, which shall provide for compliance as
expeditiously as practicable, but in no event later than 3 years
after the effective date of such standard, except as provided in
subparagraph (B) and paragraphs (4) through (8).
(B) The Administrator (or a State with a program approved under
subchapter V of this chapter) may issue a permit that grants an
extension permitting an existing source up to 1 additional year
to comply with standards under subsection (d) of this section if
such additional period is necessary for the installation of
controls. An additional extension of up to 3 years may be added
for mining waste operations, if the 4-year compliance time is
insufficient to dry and cover mining waste in order to reduce
emissions of any pollutant listed under subsection (b) of this
section.
(4) Presidential exemption
The President may exempt any stationary source from compliance
with any standard or limitation under this section for a period
of not more than 2 years if the President determines that the
technology to implement such standard is not available and that
it is in the national security interests of the United States to
do so. An exemption under this paragraph may be extended for 1 or
more additional periods, each period not to exceed 2 years. The
President shall report to Congress with respect to each exemption
(or extension thereof) made under this paragraph.
(5) Early reduction
(A) The Administrator (or a State acting pursuant to a permit
program approved under subchapter V of this chapter) shall issue
a permit allowing an existing source, for which the owner or
operator demonstrates that the source has achieved a reduction of
90 per centum or more in emissions of hazardous air pollutants
(95 per centum in the case of hazardous air pollutants which are
particulates) from the source, to meet an alternative emission
limitation reflecting such reduction in lieu of an emission
limitation promulgated under subsection (d) of this section for a
period of 6 years from the compliance date for the otherwise
applicable standard, provided that such reduction is achieved
before the otherwise applicable standard under subsection (d) of
this section is first proposed. Nothing in this paragraph shall
preclude a State from requiring reductions in excess of those
specified in this subparagraph as a condition of granting the
extension authorized by the previous sentence.
(B) An existing source which achieves the reduction referred to
in subparagraph (A) after the proposal of an applicable standard
but before January 1, 1994, may qualify under subparagraph (A),
if the source makes an enforceable commitment to achieve such
reduction before the proposal of the standard. Such commitment
shall be enforceable to the same extent as a regulation under
this section.
(C) The reduction shall be determined with respect to
verifiable and actual emissions in a base year not earlier than
calendar year 1987, provided that, there is no evidence that
emissions in the base year are artificially or substantially
greater than emissions in other years prior to implementation of
emissions reduction measures. The Administrator may allow a
source to use a baseline year of 1985 or 1986 provided that the
source can demonstrate to the satisfaction of the Administrator
that emissions data for the source reflects verifiable data based
on information for such source, received by the Administrator
prior to November 15, 1990, pursuant to an information request
issued under section 7414 of this title.
(D) For each source granted an alternative emission limitation
under this paragraph there shall be established by a permit
issued pursuant to subchapter V of this chapter an enforceable
emission limitation for hazardous air pollutants reflecting the
reduction which qualifies the source for an alternative emission
limitation under this paragraph. An alternative emission
limitation under this paragraph shall not be available with
respect to standards or requirements promulgated pursuant to
subsection (f) of this section and the Administrator shall, for
the purpose of determining whether a standard under subsection
(f) of this section is necessary, review emissions from sources
granted an alternative emission limitation under this paragraph
at the same time that other sources in the category or
subcategory are reviewed.
(E) With respect to pollutants for which high risks of adverse
public health effects may be associated with exposure to small
quantities including, but not limited to, chlorinated dioxins and
furans, the Administrator shall by regulation limit the use of
offsetting reductions in emissions of other hazardous air
pollutants from the source as counting toward the 90 per centum
reduction in such high-risk pollutants qualifying for an
alternative emissions limitation under this paragraph.
(6) Other reductions
Notwithstanding the requirements of this section, no existing
source that has installed -
(A) best available control technology (as defined in section
7479(3) of this title), or
(B) technology required to meet a lowest achievable emission
rate (as defined in section 7501 of this title),
prior to the promulgation of a standard under this section
applicable to such source and the same pollutant (or stream of
pollutants) controlled pursuant to an action described in
subparagraph (A) or (B) shall be required to comply with such
standard under this section until the date 5 years after the date
on which such installation or reduction has been achieved, as
determined by the Administrator. The Administrator may issue such
rules and guidance as are necessary to implement this paragraph.
(7) Extension for new sources
A source for which construction or reconstruction is commenced
after the date an emission standard applicable to such source is
proposed pursuant to subsection (d) of this section but before
the date an emission standard applicable to such source is
proposed pursuant to subsection (f) of this section shall not be
required to comply with the emission standard under subsection
(f) of this section until the date 10 years after the date
construction or reconstruction is commenced.
(8) Coke ovens
(A) Any coke oven battery that complies with the emission
limitations established under subsection (d)(8)(C) of this
section, subparagraph (B), and subparagraph (C), and complies
with the provisions of subparagraph (E), shall not be required to
achieve emission limitations promulgated under subsection (f) of
this section until January 1, 2020.
(B)(i) Not later than December 31, 1992, the Administrator
shall promulgate emission limitations for coke oven emissions
from coke oven batteries. Notwithstanding paragraph (3) of this
subsection, the compliance date for such emission limitations for
existing coke oven batteries shall be January 1, 1998. Such
emission limitations shall reflect the lowest achievable emission
rate as defined in section 7501 of this title for a coke oven
battery that is rebuilt or a replacement at a coke oven plant for
an existing battery. Such emission limitations shall be no less
stringent than -
(I) 3 per centum leaking doors (5 per centum leaking doors
for six meter batteries);
(II) 1 per centum leaking lids;
(III) 4 per centum leaking offtakes; and
(IV) 16 seconds visible emissions per charge,
with an exclusion for emissions during the period after the
closing of self-sealing oven doors (or the total mass emissions
equivalent). The rulemaking in which such emission limitations
are promulgated shall also establish an appropriate measurement
methodology for determining compliance with such emission
limitations, and shall establish such emission limitations in
terms of an equivalent level of mass emissions reduction from a
coke oven battery, unless the Administrator finds that such a
mass emissions standard would not be practicable or enforceable.
Such measurement methodology, to the extent it measures leaking
doors, shall take into consideration alternative test methods
that reflect the best technology and practices actually applied
in the affected industries, and shall assure that the final test
methods are consistent with the performance of such best
technology and practices.
(ii) If the Administrator fails to promulgate such emission
limitations under this subparagraph prior to the effective date
of such emission limitations, the emission limitations applicable
to coke oven batteries under this subparagraph shall be -
(I) 3 per centum leaking doors (5 per centum leaking doors
for six meter batteries);
(II) 1 per centum leaking lids;
(III) 4 per centum leaking offtakes; and
(IV) 16 seconds visible emissions per charge,
or the total mass emissions equivalent (if the total mass
emissions equivalent is determined to be practicable and
enforceable), with no exclusion for emissions during the period
after the closing of self-sealing oven doors.
(C) Not later than January 1, 2007, the Administrator shall
review the emission limitations promulgated under subparagraph
(B) and revise, as necessary, such emission limitations to
reflect the lowest achievable emission rate as defined in section
7501 of this title at the time for a coke oven battery that is
rebuilt or a replacement at a coke oven plant for an existing
battery. Such emission limitations shall be no less stringent
than the emission limitation promulgated under subparagraph (B).
Notwithstanding paragraph (2) of this subsection, the compliance
date for such emission limitations for existing coke oven
batteries shall be January 1, 2010.
(D) At any time prior to January 1, 1998, the owner or operator
of any coke oven battery may elect to comply with emission
limitations promulgated under subsection (f) of this section by
the date such emission limitations would otherwise apply to such
coke oven battery, in lieu of the emission limitations and the
compliance dates provided under subparagraphs (B) and (C) of this
paragraph. Any such owner or operator shall be legally bound to
comply with such emission limitations promulgated under
subsection (f) of this section with respect to such coke oven
battery as of January 1, 2003. If no such emission limitations
have been promulgated for such coke oven battery, the
Administrator shall promulgate such emission limitations in
accordance with subsection (f) of this section for such coke oven
battery.
(E) Coke oven batteries qualifying for an extension under
subparagraph (A) shall make available not later than January 1,
2000, to the surrounding communities the results of any risk
assessment performed by the Administrator to determine the
appropriate level of any emission standard established by the
Administrator pursuant to subsection (f) of this section.
(F) Notwithstanding the provisions of this section,
reconstruction of any source of coke oven emissions qualifying
for an extension under this paragraph shall not subject such
source to emission limitations under subsection (f) of this
section more stringent than those established under subparagraphs
(B) and (C) until January 1, 2020. For the purposes of this
subparagraph, the term "reconstruction" includes the replacement
of existing coke oven battery capacity with new coke oven
batteries of comparable or lower capacity and lower potential
emissions.
(j) Equivalent emission limitation by permit
(1) Effective date
The requirements of this subsection shall apply in each State
beginning on the effective date of a permit program established
pursuant to subchapter V of this chapter in such State, but not
prior to the date 42 months after November 15, 1990.
(2) Failure to promulgate a standard
In the event that the Administrator fails to promulgate a
standard for a category or subcategory of major sources by the
date established pursuant to subsection (e)(1) and (3) of this
section, and beginning 18 months after such date (but not prior
to the effective date of a permit program under subchapter V of
this chapter), the owner or operator of any major source in such
category or subcategory shall submit a permit application under
paragraph (3) and such owner or operator shall also comply with
paragraphs (5) and (6).
(3) Applications
By the date established by paragraph (2), the owner or operator
of a major source subject to this subsection shall file an
application for a permit. If the owner or operator of a source
has submitted a timely and complete application for a permit
required by this subsection, any failure to have a permit shall
not be a violation of paragraph (2), unless the delay in final
action is due to the failure of the applicant to timely submit
information required or requested to process the application. The
Administrator shall not later than 18 months after November 15,
1990, and after notice and opportunity for comment, establish
requirements for applications under this subsection including a
standard application form and criteria for determining in a
timely manner the completeness of applications.
(4) Review and approval
Permit applications submitted under this subsection shall be
reviewed and approved or disapproved according to the provisions
of section 7661d of this title. In the event that the
Administrator (or the State) disapproves a permit application
submitted under this subsection or determines that the
application is incomplete, the applicant shall have up to 6
months to revise the application to meet the objections of the
Administrator (or the State).
(5) Emission limitation
The permit shall be issued pursuant to subchapter V of this
chapter and shall contain emission limitations for the hazardous
air pollutants subject to regulation under this section and
emitted by the source that the Administrator (or the State)
determines, on a case-by-case basis, to be equivalent to the
limitation that would apply to such source if an emission
standard had been promulgated in a timely manner under subsection
(d) of this section. In the alternative, if the applicable
criteria are met, the permit may contain an emissions limitation
established according to the provisions of subsection (i)(5) of
this section. For purposes of the preceding sentence, the
reduction required by subsection (i)(5)(A) of this section shall
be achieved by the date on which the relevant standard should
have been promulgated under subsection (d) of this section. No
such pollutant may be emitted in amounts exceeding an emission
limitation contained in a permit immediately for new sources and,
as expeditiously as practicable, but not later than the date 3
years after the permit is issued for existing sources or such
other compliance date as would apply under subsection (i) of this
section.
(6) Applicability of subsequent standards
If the Administrator promulgates an emission standard that is
applicable to the major source prior to the date on which a
permit application is approved, the emission limitation in the
permit shall reflect the promulgated standard rather than the
emission limitation determined pursuant to paragraph (5),
provided that the source shall have the compliance period
provided under subsection (i) of this section. If the
Administrator promulgates a standard under subsection (d) of this
section that would be applicable to the source in lieu of the
emission limitation established by permit under this subsection
after the date on which the permit has been issued, the
Administrator (or the State) shall revise such permit upon the
next renewal to reflect the standard promulgated by the
Administrator providing such source a reasonable time to comply,
but no longer than 8 years after such standard is promulgated or
8 years after the date on which the source is first required to
comply with the emissions limitation established by paragraph
(5), whichever is earlier.
(k) Area source program
(1) Findings and purpose
The Congress finds that emissions of hazardous air pollutants
from area sources may individually, or in the aggregate, present
significant risks to public health in urban areas. Considering
the large number of persons exposed and the risks of carcinogenic
and other adverse health effects from hazardous air pollutants,
ambient concentrations characteristic of large urban areas should
be reduced to levels substantially below those currently
experienced. It is the purpose of this subsection to achieve a
substantial reduction in emissions of hazardous air pollutants
from area sources and an equivalent reduction in the public
health risks associated with such sources including a reduction
of not less than 75 per centum in the incidence of cancer
attributable to emissions from such sources.
(2) Research program
The Administrator shall, after consultation with State and
local air pollution control officials, conduct a program of
research with respect to sources of hazardous air pollutants in
urban areas and shall include within such program -
(A) ambient monitoring for a broad range of hazardous air
pollutants (including, but not limited to, volatile organic
compounds, metals, pesticides and products of incomplete
combustion) in a representative number of urban locations;
(B) analysis to characterize the sources of such pollution
with a focus on area sources and the contribution that such
sources make to public health risks from hazardous air
pollutants; and
(C) consideration of atmospheric transformation and other
factors which can elevate public health risks from such
pollutants.
Health effects considered under this program shall include, but
not be limited to, carcinogenicity, mutagenicity, teratogenicity,
neurotoxicity, reproductive dysfunction and other acute and
chronic effects including the role of such pollutants as
precursors of ozone or acid aerosol formation. The Administrator
shall report the preliminary results of such research not later
than 3 years after November 15, 1990.
(3) National strategy
(A) Considering information collected pursuant to the
monitoring program authorized by paragraph (2), the Administrator
shall, not later than 5 years after November 15, 1990, and after
notice and opportunity for public comment, prepare and transmit
to the Congress a comprehensive strategy to control emissions of
hazardous air pollutants from area sources in urban areas.
(B) The strategy shall -
(i) identify not less than 30 hazardous air pollutants which,
as the result of emissions from area sources, present the
greatest threat to public health in the largest number of urban
areas and that are or will be listed pursuant to subsection (b)
of this section, and
(ii) identify the source categories or subcategories emitting
such pollutants that are or will be listed pursuant to
subsection (c) of this section. When identifying categories and
subcategories of sources under this subparagraph, the
Administrator shall assure that sources accounting for 90 per
centum or more of the aggregate emissions of each of the 30
identified hazardous air pollutants are subject to standards
pursuant to subsection (d) of this section.
(C) The strategy shall include a schedule of specific actions
to substantially reduce the public health risks posed by the
release of hazardous air pollutants from area sources that will
be implemented by the Administrator under the authority of this
or other laws (including, but not limited to, the Toxic
Substances Control Act [15 U.S.C. 2601 et seq.], the Federal
Insecticide, Fungicide and Rodenticide Act [7 U.S.C. 136 et seq.]
and the Resource Conservation and Recovery Act [42 U.S.C. 6901 et
seq.]) or by the States. The strategy shall achieve a reduction
in the incidence of cancer attributable to exposure to hazardous
air pollutants emitted by stationary sources of not less than 75
per centum, considering control of emissions of hazardous air
pollutants from all stationary sources and resulting from
measures implemented by the Administrator or by the States under
this or other laws.
(D) The strategy may also identify research needs in
monitoring, analytical methodology, modeling or pollution control
techniques and recommendations for changes in law that would
further the goals and objectives of this subsection.
(E) Nothing in this subsection shall be interpreted to preclude
or delay implementation of actions with respect to area sources
of hazardous air pollutants under consideration pursuant to this
or any other law and that may be promulgated before the strategy
is prepared.
(F) The Administrator shall implement the strategy as
expeditiously as practicable assuring that all sources are in
compliance with all requirements not later than 9 years after
November 15, 1990.
(G) As part of such strategy the Administrator shall provide
for ambient monitoring and emissions modeling in urban areas as
appropriate to demonstrate that the goals and objectives of the
strategy are being met.
(4) Areawide activities
In addition to the national urban air toxics strategy
authorized by paragraph (3), the Administrator shall also
encourage and support areawide strategies developed by State or
local air pollution control agencies that are intended to reduce
risks from emissions by area sources within a particular urban
area. From the funds available for grants under this section, the
Administrator shall set aside not less than 10 per centum to
support areawide strategies addressing hazardous air pollutants
emitted by area sources and shall award such funds on a
demonstration basis to those States with innovative and effective
strategies. At the request of State or local air pollution
control officials, the Administrator shall prepare guidelines for
control technologies or management practices which may be
applicable to various categories or subcategories of area
sources.
(5) Report
The Administrator shall report to the Congress at intervals not
later than 8 and 12 years after November 15, 1990, on actions
taken under this subsection and other parts of this chapter to
reduce the risk to public health posed by the release of
hazardous air pollutants from area sources. The reports shall
also identify specific metropolitan areas that continue to
experience high risks to public health as the result of emissions
from area sources.
(l) State programs
(1) In general
Each State may develop and submit to the Administrator for
approval a program for the implementation and enforcement
(including a review of enforcement delegations previously
granted) of emission standards and other requirements for air
pollutants subject to this section or requirements for the
prevention and mitigation of accidental releases pursuant to
subsection (r) of this section. A program submitted by a State
under this subsection may provide for partial or complete
delegation of the Administrator's authorities and
responsibilities to implement and enforce emissions standards and
prevention requirements but shall not include authority to set
standards less stringent than those promulgated by the
Administrator under this chapter.
(2) Guidance
Not later than 12 months after November 15, 1990, the
Administrator shall publish guidance that would be useful to the
States in developing programs for submittal under this
subsection. The guidance shall also provide for the registration
of all facilities producing, processing, handling or storing any
substance listed pursuant to subsection (r) of this section in
amounts greater than the threshold quantity. The Administrator
shall include as an element in such guidance an optional program
begun in 1986 for the review of high-risk point sources of air
pollutants including, but not limited to, hazardous air
pollutants listed pursuant to subsection (b) of this section.
(3) Technical assistance
The Administrator shall establish and maintain an air toxics
clearinghouse and center to provide technical information and
assistance to State and local agencies and, on a cost recovery
basis, to others on control technology, health and ecological
risk assessment, risk analysis, ambient monitoring and modeling,
and emissions measurement and monitoring. The Administrator shall
use the authority of section 7403 of this title to examine
methods for preventing, measuring, and controlling emissions and
evaluating associated health and ecological risks. Where
appropriate, such activity shall be conducted with not-for-profit
organizations. The Administrator may conduct research on methods
for preventing, measuring and controlling emissions and
evaluating associated health and environment risks. All
information collected under this paragraph shall be available to
the public.
(4) Grants
Upon application of a State, the Administrator may make grants,
subject to such terms and conditions as the Administrator deems
appropriate, to such State for the purpose of assisting the State
in developing and implementing a program for submittal and
approval under this subsection. Programs assisted under this
paragraph may include program elements addressing air pollutants
or extremely hazardous substances other than those specifically
subject to this section. Grants under this paragraph may include
support for high-risk point source review as provided in
paragraph (2) and support for the development and implementation
of areawide area source programs pursuant to subsection (k) of
this section.
(5) Approval or disapproval
Not later than 180 days after receiving a program submitted by
a State, and after notice and opportunity for public comment, the
Administrator shall either approve or disapprove such program.
The Administrator shall disapprove any program submitted by a
State, if the Administrator determines that -
(A) the authorities contained in the program are not adequate
to assure compliance by all sources within the State with each
applicable standard, regulation or requirement established by
the Administrator under this section;
(B) adequate authority does not exist, or adequate resources
are not available, to implement the program;
(C) the schedule for implementing the program and assuring
compliance by affected sources is not sufficiently expeditious;
or
(D) the program is otherwise not in compliance with the
guidance issued by the Administrator under paragraph (2) or is
not likely to satisfy, in whole or in part, the objectives of
this chapter.
If the Administrator disapproves a State program, the
Administrator shall notify the State of any revisions or
modifications necessary to obtain approval. The State may revise
and resubmit the proposed program for review and approval
pursuant to the provisions of this subsection.
(6) Withdrawal
Whenever the Administrator determines, after public hearing,
that a State is not administering and enforcing a program
approved pursuant to this subsection in accordance with the
guidance published pursuant to paragraph (2) or the requirements
of paragraph (5), the Administrator shall so notify the State
and, if action which will assure prompt compliance is not taken
within 90 days, the Administrator shall withdraw approval of the
program. The Administrator shall not withdraw approval of any
program unless the State shall have been notified and the reasons
for withdrawal shall have been stated in writing and made public.
(7) Authority to enforce
Nothing in this subsection shall prohibit the Administrator
from enforcing any applicable emission standard or requirement
under this section.
(8) Local program
The Administrator may, after notice and opportunity for public
comment, approve a program developed and submitted by a local air
pollution control agency (after consultation with the State)
pursuant to this subsection and any such agency implementing an
approved program may take any action authorized to be taken by a
State under this section.
(9) Permit authority
Nothing in this subsection shall affect the authorities and
obligations of the Administrator or the State under subchapter V
of this chapter.
(m) Atmospheric deposition to Great Lakes and coastal waters
(1) Deposition assessment
The Administrator, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, shall conduct a program to
identify and assess the extent of atmospheric deposition of
hazardous air pollutants (and in the discretion of the
Administrator, other air pollutants) to the Great Lakes, the
Chesapeake Bay, Lake Champlain and coastal waters. As part of
such program, the Administrator shall -
(A) monitor the Great Lakes, the Chesapeake Bay, Lake
Champlain and coastal waters, including monitoring of the Great
Lakes through the monitoring network established pursuant to
paragraph (2) of this subsection and designing and deploying an
atmospheric monitoring network for coastal waters pursuant to
paragraph (4);
(B) investigate the sources and deposition rates of
atmospheric deposition of air pollutants (and their atmospheric
transformation precursors);
(C) conduct research to develop and improve monitoring
methods and to determine the relative contribution of
atmospheric pollutants to total pollution loadings to the Great
Lakes, the Chesapeake Bay, Lake Champlain, and coastal waters;
(D) evaluate any adverse effects to public health or the
environment caused by such deposition (including effects
resulting from indirect exposure pathways) and assess the
contribution of such deposition to violations of water quality
standards established pursuant to the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.] and drinking water
standards established pursuant to the Safe Drinking Water Act
[42 U.S.C. 300f et seq.]; and
(E) sample for such pollutants in biota, fish, and wildlife
of the Great Lakes, the Chesapeake Bay, Lake Champlain and
coastal waters and characterize the sources of such pollutants.
(2) Great Lakes monitoring network
The Administrator shall oversee, in accordance with Annex 15 of
the Great Lakes Water Quality Agreement, the establishment and
operation of a Great Lakes atmospheric deposition network to
monitor atmospheric deposition of hazardous air pollutants (and
in the Administrator's discretion, other air pollutants) to the
Great Lakes.
(A) As part of the network provided for in this paragraph,
and not later than December 31, 1991, the Administrator shall
establish in each of the 5 Great Lakes at least 1 facility
capable of monitoring the atmospheric deposition of hazardous
air pollutants in both dry and wet conditions.
(B) The Administrator shall use the data provided by the
network to identify and track the movement of hazardous air
pollutants through the Great Lakes, to determine the portion of
water pollution loadings attributable to atmospheric deposition
of such pollutants, and to support development of remedial
action plans and other management plans as required by the
Great Lakes Water Quality Agreement.
(C) The Administrator shall assure that the data collected by
the Great Lakes atmospheric deposition monitoring network is in
a format compatible with databases sponsored by the
International Joint Commission, Canada, and the several States
of the Great Lakes region.
(3) Monitoring for the Chesapeake Bay and Lake Champlain
The Administrator shall establish at the Chesapeake Bay and
Lake Champlain atmospheric deposition stations to monitor
deposition of hazardous air pollutants (and in the
Administrator's discretion, other air pollutants) within the
Chesapeake Bay and Lake Champlain watersheds. The Administrator
shall determine the role of air deposition in the pollutant
loadings of the Chesapeake Bay and Lake Champlain, investigate
the sources of air pollutants deposited in the watersheds,
evaluate the health and environmental effects of such pollutant
loadings, and shall sample such pollutants in biota, fish and
wildlife within the watersheds, as necessary to characterize such
effects.
(4) Monitoring for coastal waters
The Administrator shall design and deploy atmospheric
deposition monitoring networks for coastal waters and their
watersheds and shall make any information collected through such
networks available to the public. As part of this effort, the
Administrator shall conduct research to develop and improve
deposition monitoring methods, and to determine the relative
contribution of atmospheric pollutants to pollutant loadings. For
purposes of this subsection, "coastal waters" shall mean
estuaries selected pursuant to section 320(a)(2)(A) of the
Federal Water Pollution Control Act [33 U.S.C. 1330(a)(2)(A)] or
listed pursuant to section 320(a)(2)(B) of such Act [33 U.S.C.
1330(a)(2)(B)] or estuarine research reserves designated pursuant
to section 1461 of title 16.
(5) Report
Within 3 years of November 15, 1990, and biennially thereafter,
the Administrator, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, shall submit to the Congress
a report on the results of any monitoring, studies, and
investigations conducted pursuant to this subsection. Such report
shall include, at a minimum, an assessment of -
(A) the contribution of atmospheric deposition to pollution
loadings in the Great Lakes, the Chesapeake Bay, Lake Champlain
and coastal waters;
(B) the environmental and public health effects of any
pollution which is attributable to atmospheric deposition to
the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal
waters;
(C) the source or sources of any pollution to the Great
Lakes, the Chesapeake Bay, Lake Champlain and coastal waters
which is attributable to atmospheric deposition;
(D) whether pollution loadings in the Great Lakes, the
Chesapeake Bay, Lake Champlain or coastal waters cause or
contribute to exceedances of drinking water standards pursuant
to the Safe Drinking Water Act [42 U.S.C. 300f et seq.] or
water quality standards pursuant to the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.] or, with respect to the
Great Lakes, exceedances of the specific objectives of the
Great Lakes Water Quality Agreement; and
(E) a description of any revisions of the requirements,
standards, and limitations pursuant to this chapter and other
applicable Federal laws as are necessary to assure protection
of human health and the environment.
(6) Additional regulation
As part of the report to Congress, the Administrator shall
determine whether the other provisions of this section are
adequate to prevent serious adverse effects to public health and
serious or widespread environmental effects, including such
effects resulting from indirect exposure pathways, associated
with atmospheric deposition to the Great Lakes, the Chesapeake
Bay, Lake Champlain and coastal waters of hazardous air
pollutants (and their atmospheric transformation products). The
Administrator shall take into consideration the tendency of such
pollutants to bioaccumulate. Within 5 years after November 15,
1990, the Administrator shall, based on such report and
determination, promulgate, in accordance with this section, such
further emission standards or control measures as may be
necessary and appropriate to prevent such effects, including
effects due to bioaccumulation and indirect exposure pathways.
Any requirements promulgated pursuant to this paragraph with
respect to coastal waters shall only apply to the coastal waters
of the States which are subject to section 7627(a) of this title.
(n) Other provisions
(1) Electric utility steam generating units
(A) The Administrator shall perform a study of the hazards to
public health reasonably anticipated to occur as a result of
emissions by electric utility steam generating units of
pollutants listed under subsection (b) of this section after
imposition of the requirements of this chapter. The Administrator
shall report the results of this study to the Congress within 3
years after November 15, 1990. The Administrator shall develop
and describe in the Administrator's report to Congress
alternative control strategies for emissions which may warrant
regulation under this section. The Administrator shall regulate
electric utility steam generating units under this section, if
the Administrator finds such regulation is appropriate and
necessary after considering the results of the study required by
this subparagraph.
(B) The Administrator shall conduct, and transmit to the
Congress not later than 4 years after November 15, 1990, a study
of mercury emissions from electric utility steam generating
units, municipal waste combustion units, and other sources,
including area sources. Such study shall consider the rate and
mass of such emissions, the health and environmental effects of
such emissions, technologies which are available to control such
emissions, and the costs of such technologies.
(C) The National Institute of Environmental Health Sciences
shall conduct, and transmit to the Congress not later than 3
years after November 15, 1990, a study to determine the threshold
level of mercury exposure below which adverse human health
effects are not expected to occur. Such study shall include a
threshold for mercury concentrations in the tissue of fish which
may be consumed (including consumption by sensitive populations)
without adverse effects to public health.
(2) Coke oven production technology study
(A) The Secretary of the Department of Energy and the
Administrator shall jointly undertake a 6-year study to assess
coke oven production emission control technologies and to assist
in the development and commercialization of technically
practicable and economically viable control technologies which
have the potential to significantly reduce emissions of hazardous
air pollutants from coke oven production facilities. In
identifying control technologies, the Secretary and the
Administrator shall consider the range of existing coke oven
operations and battery design and the availability of sources of
materials for such coke ovens as well as alternatives to existing
coke oven production design.
(B) The Secretary and the Administrator are authorized to enter
into agreements with persons who propose to develop, install and
operate coke production emission control technologies which have
the potential for significant emissions reductions of hazardous
air pollutants provided that Federal funds shall not exceed 50
per centum of the cost of any project assisted pursuant to this
paragraph.
(C) On completion of the study, the Secretary shall submit to
Congress a report on the results of the study and shall make
recommendations to the Administrator identifying practicable and
economically viable control technologies for coke oven production
facilities to reduce residual risks remaining after
implementation of the standard under subsection (d) of this
section.
(D) There are authorized to be appropriated $5,000,000 for each
of the fiscal years 1992 through 1997 to carry out the program
authorized by this paragraph.
(3) Publicly owned treatment works
The Administrator may conduct, in cooperation with the owners
and operators of publicly owned treatment works, studies to
characterize emissions of hazardous air pollutants emitted by
such facilities, to identify industrial, commercial and
residential discharges that contribute to such emissions and to
demonstrate control measures for such emissions. When
promulgating any standard under this section applicable to
publicly owned treatment works, the Administrator may provide for
control measures that include pretreatment of discharges causing
emissions of hazardous air pollutants and process or product
substitutions or limitations that may be effective in reducing
such emissions. The Administrator may prescribe uniform sampling,
modeling and risk assessment methods for use in implementing this
subsection.
(4) Oil and gas wells; pipeline facilities
(A) Notwithstanding the provisions of subsection (a) of this
section, emissions from any oil or gas exploration or production
well (with its associated equipment) and emissions from any
pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are
in a contiguous area or under common control, to determine
whether such units or stations are major sources, and in the case
of any oil or gas exploration or production well (with its
associated equipment), such emissions shall not be aggregated for
any purpose under this section.
(B) The Administrator shall not list oil and gas production
wells (with its associated equipment) as an area source category
under subsection (c) of this section, except that the
Administrator may establish an area source category for oil and
gas production wells located in any metropolitan statistical area
or consolidated metropolitan statistical area with a population
in excess of 1 million, if the Administrator determines that
emissions of hazardous air pollutants from such wells present
more than a negligible risk of adverse effects to public health.
(5) Hydrogen sulfide
The Administrator is directed to assess the hazards to public
health and the environment resulting from the emission of
hydrogen sulfide associated with the extraction of oil and
natural gas resources. To the extent practicable, the assessment
shall build upon and not duplicate work conducted for an
assessment pursuant to section 8002(m) of the Solid Waste
Disposal Act [42 U.S.C. 6982(m)] and shall reflect consultation
with the States. The assessment shall include a review of
existing State and industry control standards, techniques and
enforcement. The Administrator shall report to the Congress
within 24 months after November 15, 1990, with the findings of
such assessment, together with any recommendations, and shall, as
appropriate, develop and implement a control strategy for
emissions of hydrogen sulfide to protect human health and the
environment, based on the findings of such assessment, using
authorities under this chapter including sections (!3) 7411 of
this title and this section.
(6) Hydrofluoric acid
Not later than 2 years after November 15, 1990, the
Administrator shall, for those regions of the country which do
not have comprehensive health and safety regulations with respect
to hydrofluoric acid, complete a study of the potential hazards
of hydrofluoric acid and the uses of hydrofluoric acid in
industrial and commercial applications to public health and the
environment considering a range of events including worst-case
accidental releases and shall make recommendations to the
Congress for the reduction of such hazards, if appropriate.
(7) RCRA facilities
In the case of any category or subcategory of sources the air
emissions of which are regulated under subtitle C of the Solid
Waste Disposal Act [42 U.S.C. 6921 et seq.], the Administrator
shall take into account any regulations of such emissions which
are promulgated under such subtitle and shall, to the maximum
extent practicable and consistent with the provisions of this
section, ensure that the requirements of such subtitle and this
section are consistent.
(o) National Academy of Sciences study
(1) Request of the Academy
Within 3 months of November 15, 1990, the Administrator shall
enter into appropriate arrangements with the National Academy of
Sciences to conduct a review of -
(A) risk assessment methodology used by the Environmental
Protection Agency to determine the carcinogenic risk associated
with exposure to hazardous air pollutants from source
categories and subcategories subject to the requirements of
this section; and
(B) improvements in such methodology.
(2) Elements to be studied
In conducting such review, the National Academy of Sciences
should consider, but not be limited to, the following -
(A) the techniques used for estimating and describing the
carcinogenic potency to humans of hazardous air pollutants; and
(B) the techniques used for estimating exposure to hazardous
air pollutants (for hypothetical and actual maximally exposed
individuals as well as other exposed individuals).
(3) Other health effects of concern
To the extent practicable, the Academy shall evaluate and
report on the methodology for assessing the risk of adverse human
health effects other than cancer for which safe thresholds of
exposure may not exist, including, but not limited to,
inheritable genetic mutations, birth defects, and reproductive
dysfunctions.
(4) Report
A report on the results of such review shall be submitted to
the Senate Committee on Environment and Public Works, the House
Committee on Energy and Commerce, the Risk Assessment and
Management Commission established by section 303 of the Clean Air
Act Amendments of 1990 and the Administrator not later than 30
months after November 15, 1990.
(5) Assistance
The Administrator shall assist the Academy in gathering any
information the Academy deems necessary to carry out this
subsection. The Administrator may use any authority under this
chapter to obtain information from any person, and to require any
person to conduct tests, keep and produce records, and make
reports respecting research or other activities conducted by such
person as necessary to carry out this subsection.
(6) Authorization
Of the funds authorized to be appropriated to the Administrator
by this chapter, such amounts as are required shall be available
to carry out this subsection.
(7) Guidelines for carcinogenic risk assessment
The Administrator shall consider, but need not adopt, the
recommendations contained in the report of the National Academy
of Sciences prepared pursuant to this subsection and the views of
the Science Advisory Board, with respect to such report. Prior to
the promulgation of any standard under subsection (f) of this
section, and after notice and opportunity for comment, the
Administrator shall publish revised Guidelines for Carcinogenic
Risk Assessment or a detailed explanation of the reasons that any
recommendations contained in the report of the National Academy
of Sciences will not be implemented. The publication of such
revised Guidelines shall be a final Agency action for purposes of
section 7607 of this title.
(p) Mickey Leland National Urban Air Toxics Research Center
(1) Establishment
The Administrator shall oversee the establishment of a National
Urban Air Toxics Research Center, to be located at a university,
a hospital, or other facility capable of undertaking and
maintaining similar research capabilities in the areas of
epidemiology, oncology, toxicology, pulmonary medicine,
pathology, and biostatistics. The center shall be known as the
Mickey Leland National Urban Air Toxics Research Center. The
geographic site of the National Urban Air Toxics Research Center
should be further directed to Harris County, Texas, in order to
take full advantage of the well developed scientific community
presence on-site at the Texas Medical Center as well as the
extensive data previously compiled for the comprehensive
monitoring system currently in place.
(2) Board of Directors
The National Urban Air Toxics Research Center shall be governed
by a Board of Directors to be comprised of 9 members, the
appointment of which shall be allocated pro rata among the
Speaker of the House, the Majority Leader of the Senate and the
President. The members of the Board of Directors shall be
selected based on their respective academic and professional
backgrounds and expertise in matters relating to public health,
environmental pollution and industrial hygiene. The duties of the
Board of Directors shall be to determine policy and research
guidelines, submit views from center sponsors and the public and
issue periodic reports of center findings and activities.
(3) Scientific Advisory Panel
The Board of Directors shall be advised by a Scientific
Advisory Panel, the 13 members of which shall be appointed by the
Board, and to include eminent members of the scientific and
medical communities. The Panel membership may include scientists
with relevant experience from the National Institute of
Environmental Health Sciences, the Center for Disease Control,
the Environmental Protection Agency, the National Cancer
Institute, and others, and the Panel shall conduct peer review
and evaluate research results. The Panel shall assist the Board
in developing the research agenda, reviewing proposals and
applications, and advise on the awarding of research grants.
(4) Funding
The center shall be established and funded with both Federal
and private source funds.
(q) Savings provision
(1) Standards previously promulgated
Any standard under this section in effect before the date of
enactment of the Clean Air Act Amendments of 1990 [November 15,
1990] shall remain in force and effect after such date unless
modified as provided in this section before the date of enactment
of such Amendments or under such Amendments. Except as provided
in paragraph (4), any standard under this section which has been
promulgated, but has not taken effect, before such date shall not
be affected by such Amendments unless modified as provided in
this section before such date or under such Amendments. Each such
standard shall be reviewed and, if appropriate, revised, to
comply with the requirements of subsection (d) of this section
within 10 years after the date of enactment of the Clean Air Act
Amendments of 1990. If a timely petition for review of any such
standard under section 7607 of this title is pending on such date
of enactment, the standard shall be upheld if it complies with
this section as in effect before that date. If any such standard
is remanded to the Administrator, the Administrator may in the
Administrator's discretion apply either the requirements of this
section, or those of this section as in effect before the date of
enactment of the Clean Air Act Amendments of 1990.
(2) Special rule
Notwithstanding paragraph (1), no standard shall be established
under this section, as amended by the Clean Air Act Amendments of
1990, for radionuclide emissions from (A) elemental phosphorous
plants, (B) grate calcination elemental phosphorous plants, (C)
phosphogypsum stacks, or (D) any subcategory of the foregoing.
This section, as in effect prior to the date of enactment of the
Clean Air Act Amendments of 1990 [November 15, 1990], shall
remain in effect for radionuclide emissions from such plants and
stacks.
(3) Other categories
Notwithstanding paragraph (1), this section, as in effect prior
to the date of enactment of the Clean Air Act Amendments of 1990
[November 15, 1990], shall remain in effect for radionuclide
emissions from non-Department of Energy Federal facilities that
are not licensed by the Nuclear Regulatory Commission, coal-fired
utility and industrial boilers, underground uranium mines,
surface uranium mines, and disposal of uranium mill tailings
piles, unless the Administrator, in the Administrator's
discretion, applies the requirements of this section as modified
by the Clean Air Act Amendments of 1990 to such sources of
radionuclides.
(4) Medical facilities
Notwithstanding paragraph (1), no standard promulgated under
this section prior to November 15, 1990, with respect to medical
research or treatment facilities shall take effect for two years
following November 15, 1990, unless the Administrator makes a
determination pursuant to a rulemaking under subsection (d)(9) of
this section. If the Administrator determines that the regulatory
program established by the Nuclear Regulatory Commission for such
facilities does not provide an ample margin of safety to protect
public health, the requirements of this section shall fully apply
to such facilities. If the Administrator determines that such
regulatory program does provide an ample margin of safety to
protect the public health, the Administrator is not required to
promulgate a standard under this section for such facilities, as
provided in subsection (d)(9) of this section.
(r) Prevention of accidental releases
(1) Purpose and general duty
It shall be the objective of the regulations and programs
authorized under this subsection to prevent the accidental
release and to minimize the consequences of any such release of
any substance listed pursuant to paragraph (3) or any other
extremely hazardous substance. The owners and operators of
stationary sources producing, processing, handling or storing
such substances have a general duty in the same manner and to the
same extent as section 654 of title 29 to identify hazards which
may result from such releases using appropriate hazard assessment
techniques, to design and maintain a safe facility taking such
steps as are necessary to prevent releases, and to minimize the
consequences of accidental releases which do occur. For purposes
of this paragraph, the provisions of section 7604 of this title
shall not be available to any person or otherwise be construed to
be applicable to this paragraph. Nothing in this section shall be
interpreted, construed, implied or applied to create any
liability or basis for suit for compensation for bodily injury or
any other injury or property damages to any person which may
result from accidental releases of such substances.
(2) Definitions
(A) The term "accidental release" means an unanticipated
emission of a regulated substance or other extremely hazardous
substance into the ambient air from a stationary source.
(B) The term "regulated substance" means a substance listed
under paragraph (3).
(C) The term "stationary source" means any buildings,
structures, equipment, installations or substance emitting
stationary activities (i) which belong to the same industrial
group, (ii) which are located on one or more contiguous
properties, (iii) which are under the control of the same person
(or persons under common control), and (iv) from which an
accidental release may occur.
(D) The term "retail facility" means a stationary source at
which more than one-half of the income is obtained from direct
sales to end users or at which more than one-half of the fuel
sold, by volume, is sold through a cylinder exchange program.
(3) List of substances
The Administrator shall promulgate not later than 24 months
after November 15, 1990, an initial list of 100 substances which,
in the case of an accidental release, are known to cause or may
reasonably be anticipated to cause death, injury, or serious
adverse effects to human health or the environment. For purposes
of promulgating such list, the Administrator shall use, but is
not limited to, the list of extremely hazardous substances
published under the Emergency Planning and Community Right-to-
Know (!4) Act of 1986 [42 U.S.C. 11001 et seq.], with such
modifications as the Administrator deems appropriate. The initial
list shall include chlorine, anhydrous ammonia, methyl chloride,
ethylene oxide, vinyl chloride, methyl isocyanate, hydrogen
cyanide, ammonia, hydrogen sulfide, toluene diisocyanate,
phosgene, bromine, anhydrous hydrogen chloride, hydrogen
fluoride, anhydrous sulfur dioxide, and sulfur trioxide. The
initial list shall include at least 100 substances which pose the
greatest risk of causing death, injury, or serious adverse
effects to human health or the environment from accidental
releases. Regulations establishing the list shall include an
explanation of the basis for establishing the list. The list may
be revised from time to time by the Administrator on the
Administrator's own motion or by petition and shall be reviewed
at least every 5 years. No air pollutant for which a national
primary ambient air quality standard has been established shall
be included on any such list. No substance, practice, process, or
activity regulated under subchapter VI of this chapter shall be
subject to regulations under this subsection. The Administrator
shall establish procedures for the addition and deletion of
substances from the list established under this paragraph
consistent with those applicable to the list in subsection (b) of
this section.
(4) Factors to be considered
In listing substances under paragraph (3), the Administrator -
(A) shall consider -
(i) the severity of any acute adverse health effects
associated with accidental releases of the substance;
(ii) the likelihood of accidental releases of the
substance; and
(iii) the potential magnitude of human exposure to
accidental releases of the substance; and
(B) shall not list a flammable substance when used as a fuel
or held for sale as a fuel at a retail facility under this
subsection solely because of the explosive or flammable
properties of the substance, unless a fire or explosion caused
by the substance will result in acute adverse health effects
from human exposure to the substance, including the unburned
fuel or its combustion byproducts, other than those caused by
the heat of the fire or impact of the explosion.
(5) Threshold quantity
At the time any substance is listed pursuant to paragraph (3),
the Administrator shall establish by rule, a threshold quantity
for the substance, taking into account the toxicity, reactivity,
volatility, dispersibility, combustibility, or flammability of
the substance and the amount of the substance which, as a result
of an accidental release, is known to cause or may reasonably be
anticipated to cause death, injury or serious adverse effects to
human health for which the substance was listed. The
Administrator is authorized to establish a greater threshold
quantity for, or to exempt entirely, any substance that is a
nutrient used in agriculture when held by a farmer.
(6) Chemical Safety Board
(A) There is hereby established an independent safety board to
be known as the Chemical Safety and Hazard Investigation Board.
(B) The Board shall consist of 5 members, including a
Chairperson, who shall be appointed by the President, by and with
the advice and consent of the Senate. Members of the Board shall
be appointed on the basis of technical qualification,
professional standing, and demonstrated knowledge in the fields
of accident reconstruction, safety engineering, human factors,
toxicology, or air pollution regulation. The terms of office of
members of the Board shall be 5 years. Any member of the Board,
including the Chairperson, may be removed for inefficiency,
neglect of duty, or malfeasance in office. The Chairperson shall
be the Chief Executive Officer of the Board and shall exercise
the executive and administrative functions of the Board.
(C) The Board shall -
(i) investigate (or cause to be investigated), determine and
report to the public in writing the facts, conditions, and
circumstances and the cause or probable cause of any accidental
release resulting in a fatality, serious injury or substantial
property damages;
(ii) issue periodic reports to the Congress, Federal, State
and local agencies, including the Environmental Protection
Agency and the Occupational Safety and Health Administration,
concerned with the safety of chemical production, processing,
handling and storage, and other interested persons recommending
measures to reduce the likelihood or the consequences of
accidental releases and proposing corrective steps to make
chemical production, processing, handling and storage as safe
and free from risk of injury as is possible and may include in
such reports proposed rules or orders which should be issued by
the Administrator under the authority of this section or the
Secretary of Labor under the Occupational Safety and Health Act
[29 U.S.C. 651 et seq.] to prevent or minimize the consequences
of any release of substances that may cause death, injury or
other serious adverse effects on human health or substantial
property damage as the result of an accidental release; and
(iii) establish by regulation requirements binding on persons
for reporting accidental releases into the ambient air subject
to the Board's investigatory jurisdiction. Reporting releases
to the National Response Center, in lieu of the Board directly,
shall satisfy such regulations. The National Response Center
shall promptly notify the Board of any releases which are
within the Board's jurisdiction.
(D) The Board may utilize the expertise and experience of other
agencies.
(E) The Board shall coordinate its activities with
investigations and studies conducted by other agencies of the
United States having a responsibility to protect public health
and safety. The Board shall enter into a memorandum of
understanding with the National Transportation Safety Board to
assure coordination of functions and to limit duplication of
activities which shall designate the National Transportation
Safety Board as the lead agency for the investigation of releases
which are transportation related. The Board shall not be
authorized to investigate marine oil spills, which the National
Transportation Safety Board is authorized to investigate. The
Board shall enter into a memorandum of understanding with the
Occupational Safety and Health Administration so as to limit
duplication of activities. In no event shall the Board forego an
investigation where an accidental release causes a fatality or
serious injury among the general public, or had the potential to
cause substantial property damage or a number of deaths or
injuries among the general public.
(F) The Board is authorized to conduct research and studies
with respect to the potential for accidental releases, whether or
not an accidental release has occurred, where there is evidence
which indicates the presence of a potential hazard or hazards. To
the extent practicable, the Board shall conduct such studies in
cooperation with other Federal agencies having emergency response
authorities, State and local governmental agencies and
associations and organizations from the industrial, commercial,
and nonprofit sectors.
(G) No part of the conclusions, findings, or recommendations of
the Board relating to any accidental release or the investigation
thereof shall be admitted as evidence or used in any action or
suit for damages arising out of any matter mentioned in such
report.
(H) Not later than 18 months after November 15, 1990, the Board
shall publish a report accompanied by recommendations to the
Administrator on the use of hazard assessments in preventing the
occurrence and minimizing the consequences of accidental releases
of extremely hazardous substances. The recommendations shall
include a list of extremely hazardous substances which are not
regulated substances (including threshold quantities for such
substances) and categories of stationary sources for which hazard
assessments would be an appropriate measure to aid in the
prevention of accidental releases and to minimize the
consequences of those releases that do occur. The recommendations
shall also include a description of the information and analysis
which would be appropriate to include in any hazard assessment.
The Board shall also make recommendations with respect to the
role of risk management plans as required by paragraph (8)(B)
(!5) in preventing accidental releases. The Board may from time
to time review and revise its recommendations under this
subparagraph.
(I) Whenever the Board submits a recommendation with respect to
accidental releases to the Administrator, the Administrator shall
respond to such recommendation formally and in writing not later
than 180 days after receipt thereof. The response to the Board's
recommendation by the Administrator shall indicate whether the
Administrator will -
(i) initiate a rulemaking or issue such orders as are
necessary to implement the recommendation in full or in part,
pursuant to any timetable contained in the recommendation; (!6)
(ii) decline to initiate a rulemaking or issue orders as
recommended.
Any determination by the Administrator not to implement a
recommendation of the Board or to implement a recommendation only
in part, including any variation from the schedule contained in
the recommendation, shall be accompanied by a statement from the
Administrator setting forth the reasons for such determination.
(J) The Board may make recommendations with respect to
accidental releases to the Secretary of Labor. Whenever the Board
submits such recommendation, the Secretary shall respond to such
recommendation formally and in writing not later than 180 days
after receipt thereof. The response to the Board's recommendation
by the Administrator (!7) shall indicate whether the Secretary
will -
(i) initiate a rulemaking or issue such orders as are
necessary to implement the recommendation in full or in part,
pursuant to any timetable contained in the recommendation; (!6)
(ii) decline to initiate a rulemaking or issue orders as
recommended.
Any determination by the Secretary not to implement a
recommendation or to implement a recommendation only in part,
including any variation from the schedule contained in the
recommendation, shall be accompanied by a statement from the
Secretary setting forth the reasons for such determination.
(K) Within 2 years after November 15, 1990, the Board shall
issue a report to the Administrator of the Environmental
Protection Agency and to the Administrator of the Occupational
Safety and Health Administration recommending the adoption of
regulations for the preparation of risk management plans and
general requirements for the prevention of accidental releases of
regulated substances into the ambient air (including
recommendations for listing substances under paragraph (3)) and
for the mitigation of the potential adverse effect on human
health or the environment as a result of accidental releases
which should be applicable to any stationary source handling any
regulated substance in more than threshold amounts. The Board may
include proposed rules or orders which should be issued by the
Administrator under authority of this subsection or by the
Secretary of Labor under the Occupational Safety and Health Act
[29 U.S.C. 651 et seq.]. Any such recommendations shall be
specific and shall identify the regulated substance or class of
regulated substances (or other substances) to which the
recommendations apply. The Administrator shall consider such
recommendations before promulgating regulations required by
paragraph (7)(B).
(L) The Board, or upon authority of the Board, any member
thereof, any administrative law judge employed by or assigned to
the Board, or any officer or employee duly designated by the
Board, may for the purpose of carrying out duties authorized by
subparagraph (C) -
(i) hold such hearings, sit and act at such times and places,
administer such oaths, and require by subpoena or otherwise
attendance and testimony of such witnesses and the production
of evidence and may require by order that any person engaged in
the production, processing, handling, or storage of extremely
hazardous substances submit written reports and responses to
requests and questions within such time and in such form as the
Board may require; and
(ii) upon presenting appropriate credentials and a written
notice of inspection authority, enter any property where an
accidental release causing a fatality, serious injury or
substantial property damage has occurred and do all things
therein necessary for a proper investigation pursuant to
subparagraph (C) and inspect at reasonable times records,
files, papers, processes, controls, and facilities and take
such samples as are relevant to such investigation.
Whenever the Administrator or the Board conducts an inspection of
a facility pursuant to this subsection, employees and their
representatives shall have the same rights to participate in such
inspections as provided in the Occupational Safety and Health Act
[29 U.S.C. 651 et seq.].
(M) In addition to that described in subparagraph (L), the
Board may use any information gathering authority of the
Administrator under this chapter, including the subpoena power
provided in section 7607(a)(1) of this title.
(N) The Board is authorized to establish such procedural and
administrative rules as are necessary to the exercise of its
functions and duties. The Board is authorized without regard to
section 5 of title 41 to enter into contracts, leases,
cooperative agreements or other transactions as may be necessary
in the conduct of the duties and functions of the Board with any
other agency, institution, or person.
(O) After the effective date of any reporting requirement
promulgated pursuant to subparagraph (C)(iii) it shall be
unlawful for any person to fail to report any release of any
extremely hazardous substance as required by such subparagraph.
The Administrator is authorized to enforce any regulation or
requirements established by the Board pursuant to subparagraph
(C)(iii) using the authorities of sections 7413 and 7414 of this
title. Any request for information from the owner or operator of
a stationary source made by the Board or by the Administrator
under this section shall be treated, for purposes of sections
7413, 7414, 7416, 7420, 7603, 7604 and 7607 of this title and any
other enforcement provisions of this chapter, as a request made
by the Administrator under section 7414 of this title and may be
enforced by the Chairperson of the Board or by the Administrator
as provided in such section.
(P) The Administrator shall provide to the Board such support
and facilities as may be necessary for operation of the Board.
(Q) Consistent with subsection (!8) (G) and section 7414(c) of
this title any records, reports or information obtained by the
Board shall be available to the Administrator, the Secretary of
Labor, the Congress and the public, except that upon a showing
satisfactory to the Board by any person that records, reports, or
information, or particular part thereof (other than release or
emissions data) to which the Board has access, if made public, is
likely to cause substantial harm to the person's competitive
position, the Board shall consider such record, report, or
information or particular portion thereof confidential in
accordance with section 1905 of title 18, except that such
record, report, or information may be disclosed to other
officers, employees, and authorized representatives of the United
States concerned with carrying out this chapter or when relevant
under any proceeding under this chapter. This subparagraph does
not constitute authority to withhold records, reports, or
information from the Congress.
(R) Whenever the Board submits or transmits any budget
estimate, budget request, supplemental budget request, or other
budget information, legislative recommendation, prepared
testimony for congressional hearings, recommendation or study to
the President, the Secretary of Labor, the Administrator, or the
Director of the Office of Management and Budget, it shall
concurrently transmit a copy thereof to the Congress. No report
of the Board shall be subject to review by the Administrator or
any Federal agency or to judicial review in any court. No officer
or agency of the United States shall have authority to require
the Board to submit its budget requests or estimates, legislative
recommendations, prepared testimony, comments, recommendations or
reports to any officer or agency of the United States for
approval or review prior to the submission of such
recommendations, testimony, comments or reports to the Congress.
In the performance of their functions as established by this
chapter, the members, officers and employees of the Board shall
not be responsible to or subject to supervision or direction, in
carrying out any duties under this subsection, of any officer or
employee or agent of the Environmental Protection Agency, the
Department of Labor or any other agency of the United States
except that the President may remove any member, officer or
employee of the Board for inefficiency, neglect of duty or
malfeasance in office. Nothing in this section shall affect the
application of title 5 to officers or employees of the Board.
(S) The Board shall submit an annual report to the President
and to the Congress which shall include, but not be limited to,
information on accidental releases which have been investigated
by or reported to the Board during the previous year,
recommendations for legislative or administrative action which
the Board has made, the actions which have been taken by the
Administrator or the Secretary of Labor or the heads of other
agencies to implement such recommendations, an identification of
priorities for study and investigation in the succeeding year,
progress in the development of risk-reduction technologies and
the response to and implementation of significant research
findings on chemical safety in the public and private sector.
(7) Accident prevention
(A) In order to prevent accidental releases of regulated
substances, the Administrator is authorized to promulgate release
prevention, detection, and correction requirements which may
include monitoring, record-keeping, reporting, training, vapor
recovery, secondary containment, and other design, equipment,
work practice, and operational requirements. Regulations
promulgated under this paragraph may make distinctions between
various types, classes, and kinds of facilities, devices and
systems taking into consideration factors including, but not
limited to, the size, location, process, process controls,
quantity of substances handled, potency of substances, and
response capabilities present at any stationary source.
Regulations promulgated pursuant to this subparagraph shall have
an effective date, as determined by the Administrator, assuring
compliance as expeditiously as practicable.
(B)(i) Within 3 years after November 15, 1990, the
Administrator shall promulgate reasonable regulations and
appropriate guidance to provide, to the greatest extent
practicable, for the prevention and detection of accidental
releases of regulated substances and for response to such
releases by the owners or operators of the sources of such
releases. The Administrator shall utilize the expertise of the
Secretaries of Transportation and Labor in promulgating such
regulations. As appropriate, such regulations shall cover the
use, operation, repair, replacement, and maintenance of equipment
to monitor, detect, inspect, and control such releases, including
training of persons in the use and maintenance of such equipment
and in the conduct of periodic inspections. The regulations shall
include procedures and measures for emergency response after an
accidental release of a regulated substance in order to protect
human health and the environment. The regulations shall cover
storage, as well as operations. The regulations shall, as
appropriate, recognize differences in size, operations,
processes, class and categories of sources and the voluntary
actions of such sources to prevent such releases and respond to
such releases. The regulations shall be applicable to a
stationary source 3 years after the date of promulgation, or 3
years after the date on which a regulated substance present at
the source in more than threshold amounts is first listed under
paragraph (3), whichever is later.
(ii) The regulations under this subparagraph shall require the
owner or operator of stationary sources at which a regulated
substance is present in more than a threshold quantity to prepare
and implement a risk management plan to detect and prevent or
minimize accidental releases of such substances from the
stationary source, and to provide a prompt emergency response to
any such releases in order to protect human health and the
environment. Such plan shall provide for compliance with the
requirements of this subsection and shall also include each of
the following:
(I) a hazard assessment to assess the potential effects of an
accidental release of any regulated substance. This assessment
shall include an estimate of potential release quantities and a
determination of downwind effects, including potential
exposures to affected populations. Such assessment shall
include a previous release history of the past 5 years,
including the size, concentration, and duration of releases,
and shall include an evaluation of worst case accidental
releases;
(II) a program for preventing accidental releases of
regulated substances, including safety precautions and
maintenance, monitoring and employee training measures to be
used at the source; and
(III) a response program providing for specific actions to be
taken in response to an accidental release of a regulated
substance so as to protect human health and the environment,
including procedures for informing the public and local
agencies responsible for responding to accidental releases,
emergency health care, and employee training measures.
At the time regulations are promulgated under this subparagraph,
the Administrator shall promulgate guidelines to assist
stationary sources in the preparation of risk management plans.
The guidelines shall, to the extent practicable, include model
risk management plans.
(iii) The owner or operator of each stationary source covered
by clause (ii) shall register a risk management plan prepared
under this subparagraph with the Administrator before the
effective date of regulations under clause (i) in such form and
manner as the Administrator shall, by rule, require. Plans
prepared pursuant to this subparagraph shall also be submitted to
the Chemical Safety and Hazard Investigation Board, to the State
in which the stationary source is located, and to any local
agency or entity having responsibility for planning for or
responding to accidental releases which may occur at such source,
and shall be available to the public under section 7414(c) of
this title. The Administrator shall establish, by rule, an
auditing system to regularly review and, if necessary, require
revision in risk management plans to assure that the plans comply
with this subparagraph. Each such plan shall be updated
periodically as required by the Administrator, by rule.
(C) Any regulations promulgated pursuant to this subsection
shall to the maximum extent practicable, consistent with this
subsection, be consistent with the recommendations and standards
established by the American Society of Mechanical Engineers
(ASME), the American National Standards Institute (ANSI) or the
American Society of Testing Materials (ASTM). The Administrator
shall take into consideration the concerns of small business in
promulgating regulations under this subsection.
(D) In carrying out the authority of this paragraph, the
Administrator shall consult with the Secretary of Labor and the
Secretary of Transportation and shall coordinate any requirements
under this paragraph with any requirements established for
comparable purposes by the Occupational Safety and Health
Administration or the Department of Transportation. Nothing in
this subsection shall be interpreted, construed or applied to
impose requirements affecting, or to grant the Administrator, the
Chemical Safety and Hazard Investigation Board, or any other
agency any authority to regulate (including requirements for
hazard assessment), the accidental release of radionuclides
arising from the construction and operation of facilities
licensed by the Nuclear Regulatory Commission.
(E) After the effective date of any regulation or requirement
imposed under this subsection, it shall be unlawful for any
person to operate any stationary source subject to such
regulation or requirement in violation of such regulation or
requirement. Each regulation or requirement under this subsection
shall for purposes of sections 7413, 7414, 7416, 7420, 7604, and
7607 of this title and other enforcement provisions of this
chapter, be treated as a standard in effect under subsection (d)
of this section.
(F) Notwithstanding the provisions of subchapter V of this
chapter or this section, no stationary source shall be required
to apply for, or operate pursuant to, a permit issued under such
subchapter solely because such source is subject to regulations
or requirements under this subsection.
(G) In exercising any authority under this subsection, the
Administrator shall not, for purposes of section 653(b)(1) of
title 29, be deemed to be exercising statutory authority to
prescribe or enforce standards or regulations affecting
occupational safety and health.
(H) Public access to off-site consequence analysis information.
-
(i) Definitions. - In this subparagraph:
(I) Covered person. - The term "covered person" means -
(aa) an officer or employee of the United States;
(bb) an officer or employee of an agent or contractor of
the Federal Government;
(cc) an officer or employee of a State or local
government;
(dd) an officer or employee of an agent or contractor of
a State or local government;
(ee) an individual affiliated with an entity that has
been given, by a State or local government, responsibility
for preventing, planning for, or responding to accidental
releases;
(ff) an officer or employee or an agent or contractor of
an entity described in item (ee); and
(gg) a qualified researcher under clause (vii).
(II) Official use. - The term "official use" means an
action of a Federal, State, or local government agency or an
entity referred to in subclause (I)(ee) intended to carry out
a function relevant to preventing, planning for, or
responding to accidental releases.
(III) Off-site consequence analysis information. - The term
"off-site consequence analysis information" means those
portions of a risk management plan, excluding the executive
summary of the plan, consisting of an evaluation of 1 or more
worst-case release scenarios or alternative release
scenarios, and any electronic data base created by the
Administrator from those portions.
(IV) Risk management plan. - The term "risk management
plan" means a risk management plan submitted to the
Administrator by an owner or operator of a stationary source
under subparagraph (B)(iii).
(ii) Regulations. - Not later than 1 year after August 5,
1999, the President shall -
(I) assess -
(aa) the increased risk of terrorist and other criminal
activity associated with the posting of off-site
consequence analysis information on the Internet; and
(bb) the incentives created by public disclosure of off-
site consequence analysis information for reduction in the
risk of accidental releases; and
(II) based on the assessment under subclause (I),
promulgate regulations governing the distribution of off-site
consequence analysis information in a manner that, in the
opinion of the President, minimizes the likelihood of
accidental releases and the risk described in subclause
(I)(aa) and the likelihood of harm to public health and
welfare, and -
(aa) allows access by any member of the public to paper
copies of off-site consequence analysis information for a
limited number of stationary sources located anywhere in
the United States, without any geographical restriction;
(bb) allows other public access to off-site consequence
analysis information as appropriate;
(cc) allows access for official use by a covered person
described in any of items (cc) through (ff) of clause
(i)(I) (referred to in this subclause as a "State or local
covered person") to off-site consequence analysis
information relating to stationary sources located in the
person's State;
(dd) allows a State or local covered person to provide,
for official use, off-site consequence analysis information
relating to stationary sources located in the person's
State to a State or local covered person in a contiguous
State; and
(ee) allows a State or local covered person to obtain for
official use, by request to the Administrator, off-site
consequence analysis information that is not available to
the person under item (cc).
(iii) Availability under freedom of information act. -
(I) First year. - Off-site consequence analysis
information, and any ranking of stationary sources derived
from the information, shall not be made available under
section 552 of title 5 during the 1-year period beginning on
August 5, 1999.
(II) After first year. - If the regulations under clause
(ii) are promulgated on or before the end of the period
described in subclause (I), off-site consequence analysis
information covered by the regulations, and any ranking of
stationary sources derived from the information, shall not be
made available under section 552 of title 5 after the end of
that period.
(III) Applicability. - Subclauses (I) and (II) apply to off-
site consequence analysis information submitted to the
Administrator before, on, or after August 5, 1999.
(iv) Availability of information during transition period. -
The Administrator shall make off-site consequence analysis
information available to covered persons for official use in a
manner that meets the requirements of items (cc) through (ee)
of clause (ii)(II), and to the public in a form that does not
make available any information concerning the identity or
location of stationary sources, during the period -
(I) beginning on August 5, 1999; and
(II) ending on the earlier of the date of promulgation of
the regulations under clause (ii) or the date that is 1 year
after August 5, 1999.
(v) Prohibition on unauthorized disclosure of information by
covered persons. -
(I) In general. - Beginning on August 5, 1999, a covered
person shall not disclose to the public off-site consequence
analysis information in any form, or any statewide or
national ranking of identified stationary sources derived
from such information, except as authorized by this
subparagraph (including the regulations promulgated under
clause (ii)). After the end of the 1-year period beginning on
August 5, 1999, if regulations have not been promulgated
under clause (ii), the preceding sentence shall not apply.
(II) Criminal penalties. - Notwithstanding section 7413 of
this title, a covered person that willfully violates a
restriction or prohibition established by this subparagraph
(including the regulations promulgated under clause (ii))
shall, upon conviction, be fined for an infraction under
section 3571 of title 18 (but shall not be subject to
imprisonment) for each unauthorized disclosure of off-site
consequence analysis information, except that subsection (d)
of such section 3571 shall not apply to a case in which the
offense results in pecuniary loss unless the defendant knew
that such loss would occur. The disclosure of off-site
consequence analysis information for each specific stationary
source shall be considered a separate offense. The total of
all penalties that may be imposed on a single person or
organization under this item shall not exceed $1,000,000 for
violations committed during any 1 calendar year.
(III) Applicability. - If the owner or operator of a
stationary source makes off-site consequence analysis
information relating to that stationary source available to
the public without restriction -
(aa) subclauses (I) and (II) shall not apply with respect
to the information; and
(bb) the owner or operator shall notify the Administrator
of the public availability of the information.
(IV) List. - The Administrator shall maintain and make
publicly available a list of all stationary sources that have
provided notification under subclause (III)(bb).
(vi) Notice. - The Administrator shall provide notice of the
definition of official use as provided in clause (i)(III) (!9)
and examples of actions that would and would not meet that
definition, and notice of the restrictions on further
dissemination and the penalties established by this chapter to
each covered person who receives off-site consequence analysis
information under clause (iv) and each covered person who
receives off-site consequence analysis information for an
official use under the regulations promulgated under clause
(ii).
(vii) Qualified researchers. -
(I) In general. - Not later than 180 days after August 5,
1999, the Administrator, in consultation with the Attorney
General, shall develop and implement a system for providing
off-site consequence analysis information, including facility
identification, to any qualified researcher, including a
qualified researcher from industry or any public interest
group.
(II) Limitation on dissemination. - The system shall not
allow the researcher to disseminate, or make available on the
Internet, the off-site consequence analysis information, or
any portion of the off-site consequence analysis information,
received under this clause.
(viii) Read-only information technology system. - In
consultation with the Attorney General and the heads of other
appropriate Federal agencies, the Administrator shall establish
an information technology system that provides for the
availability to the public of off-site consequence analysis
information by means of a central data base under the control
of the Federal Government that contains information that users
may read, but that provides no means by which an electronic or
mechanical copy of the information may be made.
(ix) Voluntary industry accident prevention standards. - The
Environmental Protection Agency, the Department of Justice, and
other appropriate agencies may provide technical assistance to
owners and operators of stationary sources and participate in
the development of voluntary industry standards that will help
achieve the objectives set forth in paragraph (1).
(x) Effect on state or local law. -
(I) In general. - Subject to subclause (II), this
subparagraph (including the regulations promulgated under
this subparagraph) shall supersede any provision of State or
local law that is inconsistent with this subparagraph
(including the regulations).
(II) Availability of information under state law. - Nothing
in this subparagraph precludes a State from making available
data on the off-site consequences of chemical releases
collected in accordance with State law.
(xi) Report. -
(I) In general. - Not later than 3 years after August 5,
1999, the Attorney General, in consultation with appropriate
State, local, and Federal Government agencies, affected
industry, and the public, shall submit to Congress a report
that describes the extent to which regulations promulgated
under this paragraph have resulted in actions, including the
design and maintenance of safe facilities, that are effective
in detecting, preventing, and minimizing the consequences of
releases of regulated substances that may be caused by
criminal activity. As part of this report, the Attorney
General, using available data to the extent possible, and a
sampling of covered stationary sources selected at the
discretion of the Attorney General, and in consultation with
appropriate State, local, and Federal governmental agencies,
affected industry, and the public, shall review the
vulnerability of covered stationary sources to criminal and
terrorist activity, current industry practices regarding site
security, and security of transportation of regulated
substances. The Attorney General shall submit this report,
containing the results of the review, together with
recommendations, if any, for reducing vulnerability of
covered stationary sources to criminal and terrorist
activity, to the Committee on Commerce of the United States
House of Representatives and the Committee on Environment and
Public Works of the United States Senate and other relevant
committees of Congress.
(II) Interim report. - Not later than 12 months after
August 5, 1999, the Attorney General shall submit to the
Committee on Commerce of the United States House of
Representatives and the Committee on Environment and Public
Works of the United States Senate, and other relevant
committees of Congress, an interim report that includes, at a
minimum -
(aa) the preliminary findings under subclause (I);
(bb) the methods used to develop the findings; and
(cc) an explanation of the activities expected to occur
that could cause the findings of the report under subclause
(I) to be different than the preliminary findings.
(III) Availability of information. - Information that is
developed by the Attorney General or requested by the
Attorney General and received from a covered stationary
source for the purpose of conducting the review under
subclauses (I) and (II) shall be exempt from disclosure under
section 552 of title 5 if such information would pose a
threat to national security.
(xii) Scope. - This subparagraph -
(I) applies only to covered persons; and
(II) does not restrict the dissemination of off-site
consequence analysis information by any covered person in any
manner or form except in the form of a risk management plan
or an electronic data base created by the Administrator from
off-site consequence analysis information.
(xiii) Authorization of appropriations. - There are
authorized to be appropriated to the Administrator and the
Attorney General such sums as are necessary to carry out this
subparagraph (including the regulations promulgated under
clause (ii)), to remain available until expended.
(8) Research on hazard assessments
The Administrator may collect and publish information on
accident scenarios and consequences covering a range of possible
events for substances listed under paragraph (3). The
Administrator shall establish a program of long-term research to
develop and disseminate information on methods and techniques for
hazard assessment which may be useful in improving and validating
the procedures employed in the preparation of hazard assessments
under this subsection.
(9) Order authority
(A) In addition to any other action taken, when the
Administrator determines that there may be an imminent and
substantial endangerment to the human health or welfare or the
environment because of an actual or threatened accidental release
of a regulated substance, the Administrator may secure such
relief as may be necessary to abate such danger or threat, and
the district court of the United States in the district in which
the threat occurs shall have jurisdiction to grant such relief as
the public interest and the equities of the case may require. The
Administrator may also, after notice to the State in which the
stationary source is located, take other action under this
paragraph including, but not limited to, issuing such orders as
may be necessary to protect human health. The Administrator shall
take action under section 7603 of this title rather than this
paragraph whenever the authority of such section is adequate to
protect human health and the environment.
(B) Orders issued pursuant to this paragraph may be enforced in
an action brought in the appropriate United States district court
as if the order were issued under section 7603 of this title.
(C) Within 180 days after November 15, 1990, the Administrator
shall publish guidance for using the order authorities
established by this paragraph. Such guidance shall provide for
the coordinated use of the authorities of this paragraph with
other emergency powers authorized by section 9606 of this title,
sections 311(c), 308, 309 and 504(a) of the Federal Water
Pollution Control Act [33 U.S.C. 1321(c), 1318, 1319, 1364(a)],
sections 3007, 3008, 3013, and 7003 of the Solid Waste Disposal
Act [42 U.S.C. 6927, 6928, 6934, 6973], sections 1445 and 1431 of
the Safe Drinking Water Act [42 U.S.C. 300j-4, 300i], sections 5
and 7 of the Toxic Substances Control Act [15 U.S.C. 2604, 2606],
and sections 7413, 7414, and 7603 of this title.
(10) Presidential review
The President shall conduct a review of release prevention,
mitigation and response authorities of the various Federal
agencies and shall clarify and coordinate agency responsibilities
to assure the most effective and efficient implementation of such
authorities and to identify any deficiencies in authority or
resources which may exist. The President may utilize the
resources and solicit the recommendations of the Chemical Safety
and Hazard Investigation Board in conducting such review. At the
conclusion of such review, but not later than 24 months after
November 15, 1990, the President shall transmit a message to the
Congress on the release prevention, mitigation and response
activities of the Federal Government making such recommendations
for change in law as the President may deem appropriate. Nothing
in this paragraph shall be interpreted, construed or applied to
authorize the President to modify or reassign release prevention,
mitigation or response authorities otherwise established by law.
(11) State authority
Nothing in this subsection shall preclude, deny or limit any
right of a State or political subdivision thereof to adopt or
enforce any regulation, requirement, limitation or standard
(including any procedural requirement) that is more stringent
than a regulation, requirement, limitation or standard in effect
under this subsection or that applies to a substance not subject
to this subsection.
(s) Periodic report
Not later than January 15, 1993 and every 3 years thereafter, the
Administrator shall prepare and transmit to the Congress a
comprehensive report on the measures taken by the Agency and by the
States to implement the provisions of this section. The
Administrator shall maintain a database on pollutants and sources
subject to the provisions of this section and shall include
aggregate information from the database in each annual report. The
report shall include, but not be limited to -
(1) a status report on standard-setting under subsections (d)
and (f) of this section;
(2) information with respect to compliance with such standards
including the costs of compliance experienced by sources in
various categories and subcategories;
(3) development and implementation of the national urban air
toxics program; and
(4) recommendations of the Chemical Safety and Hazard
Investigation Board with respect to the prevention and mitigation
of accidental releases.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 112, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1685; amended Pub. L. 95-
95, title I, Secs. 109(d)(2), 110, title IV, Sec. 401(c), Aug. 7,
1977, 91 Stat. 701, 703, 791; Pub. L. 95-623, Sec. 13(b), Nov. 9,
1978, 92 Stat. 3458; Pub. L. 101-549, title III, Sec. 301, Nov. 15,
1990, 104 Stat. 2531; Pub. L. 102-187, Dec. 4, 1991, 105 Stat.
1285; Pub. L. 105-362, title IV, Sec. 402(b), Nov. 10, 1998, 112
Stat. 3283; Pub. L. 106-40, Secs. 2, 3(a), Aug. 5, 1999, 113 Stat.
207, 208.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment, referred to in subsec. (a)(11), probably
means the date of enactment of Pub. L. 101-549, which amended this
section generally and was approved Nov. 15, 1990.
The Atomic Energy Act, referred to in subsec. (d)(9), probably
means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and
amended, which is classified generally to chapter 23 (Sec. 2011 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2011 of this title
and Tables.
The Federal Water Pollution Control Act, referred to in subsecs.
(e)(5) and (m)(1)(D), (5)(D), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
Stat. 816, which is classified generally to chapter 26 (Sec. 1251
et seq.) of Title 33, Navigation and Navigable Waters. Title II of
the Act is classified generally to subchapter II (Sec. 1281 et
seq.) of chapter 26 of Title 33. For complete classification of
this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Toxic Substances Control Act, referred to in subsec.
(k)(3)(C), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as
amended, which is classified generally to chapter 53 (Sec. 2601 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
2601 of Title 15 and Tables.
The Federal Insecticide, Fungicide and Rodenticide Act, referred
to in subsec. (k)(3)(C), probably means the Federal Insecticide,
Fungicide, and Rodenticide Act, act June 25, 1947, ch. 125, as
amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973,
which is classified generally to subchapter II (Sec. 136 et seq.)
of chapter 6 of Title 7, Agriculture. For complete classification
of this Act to the Code, see Short Title note set out under section
136 of Title 7 and Tables.
The Resource Conservation and Recovery Act, referred to in
subsec. (k)(3)(C), probably means the Resource Conservation and
Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,
as amended, which is classified generally to chapter 82 (Sec. 6901
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title of 1976 Amendment note set out under
section 6901 of this title and Tables.
The Safe Drinking Water Act, referred to in subsec. (m)(1)(D),
(5)(D), is title XIV of act July 1, 1944, as added Dec. 16, 1974,
Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is
classified generally to subchapter XII (Sec. 300f et seq.) of
chapter 6A of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 201 of this
title and Tables.
The Solid Waste Disposal Act, referred to in subsec. (n)(7), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
Subtitle C of the Act is classified generally to subchapter III
(Sec. 6921 et seq.) of chapter 82 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 6901 of this title and Tables.
Section 303 of the Clean Air Act Amendments of 1990, referred to
in subsec. (o)(4), probably means section 303 of Pub. L. 101-549,
which is set out below.
The Clean Air Act Amendments of 1990, referred to in subsec.
(q)(1)-(3), probably means Pub. L. 101-549, Nov. 15, 1990, 104
Stat. 2399. For complete classification of this Act to the Code,
see Short Title note set out under section 7401 of this title and
Tables.
The Emergency Planning and Community Right-To-Know Act of 1986,
referred to in subsec. (r)(3), is title III of Pub. L. 99-499, Oct.
17, 1986, 100 Stat. 1728, which is classified generally to chapter
116 (Sec. 11001 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
11001 of this title and Tables.
The Occupational Safety and Health Act, referred to in subsec.
(r)(6)(C)(ii), (K), (L), probably means the Occupational Safety and
Health Act of 1970, Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,
as amended, which is classified principally to chapter 15 (Sec. 651
et seq.) of Title 29, Labor. For complete classification of this
Act to the Code, see Short Title note set out under section 651 of
Title 29 and Tables.
-COD-
CODIFICATION
Section was formerly classified to section 1857c-7 of this title.
-MISC1-
AMENDMENTS
1999 - Subsec. (r)(2)(D). Pub. L. 106-40, Sec. 2(5), added
subpar. (D).
Subsec. (r)(4). Pub. L. 106-40, Sec. 2, substituted
"Administrator -
"(A) shall consider - "
for "Administrator shall consider each of the following criteria -
" in introductory provisions, redesignated subpars. (A) to (C) as
cls. (i) to (iii), respectively, of subpar. (A) and added subpar.
(B).
Subsec. (r)(7)(H). Pub. L. 106-40, Sec. 3(a), added subpar. (H).
1998 - Subsec. (n)(2)(C). Pub. L. 105-362 substituted "On
completion of the study, the Secretary shall submit to Congress a
report on the results of the study and" for "The Secretary shall
prepare annual reports to Congress on the status of the research
program and at the completion of the study".
1991 - Subsec. (b)(1). Pub. L. 102-187 struck out "7783064
Hydrogen sulfide" from list of pollutants.
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
definitions; in subsec. (b), list of hazardous air pollutants,
emission standards, and pollution control techniques; in subsec.
(c), prohibited acts and exemption; in subsec. (d), State
implementation and enforcement; and in subsec. (e), design,
equipment, work practice, and operational standards.
1978 - Subsec. (e)(5). Pub. L. 95-623 added par. (5).
1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 401(c), substituted
"causes, or contributes to, air pollution which may reasonably be
anticipated to result in an increase in mortality or an increase in
serious irreversible, or incapacitating reversible, illness" for
"may cause, or contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible,
illness".
Subsec. (d)(1). Pub. L. 95-95, Sec. 109(d)(2), struck out
"(except with respect to stationary sources owned or operated by
the United States)" after "implement and enforce such standards".
Subsec. (e). Pub. L. 95-95, Sec. 110, added subsec. (e).
-CHANGE-
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
-MISC2-
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 of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which reports required under subsecs. (m)(5), (r)(6)(C)(ii), and
(s) of this section are listed, respectively, as the 8th item on
page 162, the 9th item on page 198, and the 9th item on page 162),
see section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance.
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.
-TRANS-
DELEGATION OF AUTHORITY
Memorandum of President of the United States, Aug. 19, 1993, 58
F.R. 52397, provided:
Memorandum for the Administrator of the Environmental Protection
Agency
WHEREAS, the Environmental Protection Agency, the agencies and
departments that are members of the National Response Team
(authorized under Executive Order No. 12580, 52 Fed. Reg. 2923
(1987) [42 U.S.C. 9615 note]), and other Federal agencies and
departments undertake emergency release prevention, mitigation, and
response activities pursuant to various authorities;
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section
112(r)(10) of the Clean Air Act (the "Act") (section 7412(r)(10) of
title 42 of the United States Code) and section 301 of title 3 of
the United States Code, and in order to provide for the delegation
of certain functions under the Act [42 U.S.C. 7401 et seq.], I
hereby:
(1) Authorize you, in coordination with agencies and departments
that are members of the National Response Team and other
appropriate agencies and departments, to conduct a review of
release prevention, mitigation, and response authorities of Federal
agencies in order to assure the most effective and efficient
implementation of such authorities and to identify any deficiencies
in authority or resources that may exist, to the extent such review
is required by section 112(r)(10) of the Act; and
(2) Authorize you, in coordination with agencies and departments
that are members of the National Response Team and other
appropriate agencies and departments, to prepare and transmit a
message to the Congress concerning the release prevention,
mitigation, and response activities of the Federal Government with
such recommendations for change in law as you deem appropriate, to
the extent such message is required by section 112(r)(10) of the
Act.
The authority delegated by this memorandum may be further
redelegated within the Environmental Protection Agency.
You are hereby authorized and directed to publish this memorandum
in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Jan. 27, 2000, 65
F.R. 8631, provided:
Memorandum for the Attorney General[, ] the Administrator of the
Environmental Protection Agency[, and] the Director of the Office
of Management and Budget
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section
112(r)(7)(H) of the Clean Air Act ("Act") (42 U.S.C.
7412(r)(7)(H)), as added by section 3 of the Chemical Safety
Information, Site Security and Fuels Regulatory Relief Act (Public
Law 106-40), and section 301 of title 3, United States Code, I
hereby delegate to:
(1) the Attorney General the authority vested in the President
under section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the
increased risk of terrorist and other criminal activity associated
with the posting of off-site consequence analysis information on
the Internet;
(2) the Administrator of the Environmental Protection Agency
(EPA) the authority vested in the President under section
112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created
by public disclosure of off-site consequence analysis information
for reduction in the risk of accidental releases; and
(3) the Attorney General and the Administrator of EPA, jointly,
the authority vested in the President under section
112(r)(7)(H)(ii)(II) of the Act to promulgate regulations, based on
these assessments, governing the distribution of off-site
consequence analysis information. These regulations, in proposed
and final form, shall be subject to review and approval by the
Director of the Office of Management and Budget.
The Administrator of EPA is authorized and directed to publish
this memorandum in the Federal Register.
William J. Clinton.
-MISC3-
REPORTS
Pub. L. 106-40, Sec. 3(b), Aug. 5, 1999, 113 Stat. 213, provided
that:
"(1) Definition of accidental release. - In this subsection, the
term 'accidental release' has the meaning given the term in section
112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)).
"(2) Report on status of certain amendments. - Not later than 2
years after the date of enactment of this Act [Aug. 5, 1999], the
Comptroller General of the United States shall submit to Congress a
report on the status of the development of amendments to the
National Fire Protection Association Code for Liquefied Petroleum
Gas that will result in the provision of information to local
emergency response personnel concerning the off-site effects of
accidental releases of substances exempted from listing under
section 112(r)(4)(B) of the Clean Air Act (as added by section 3).
"(3) Report on compliance with certain information submission
requirements. - Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall
submit to Congress a report that -
"(A) describes the level of compliance with Federal and State
requirements relating to the submission to local emergency
response personnel of information intended to help the local
emergency response personnel respond to chemical accidents or
related environmental or public health threats; and
"(B) contains an analysis of the adequacy of the information
required to be submitted and the efficacy of the methods for
delivering the information to local emergency response
personnel."
REEVALUATION OF REGULATIONS
Pub. L. 106-40, Sec. 3(c), Aug. 5, 1999, 113 Stat. 213, provided
that: "The President shall reevaluate the regulations promulgated
under this section within 6 years after the enactment of this Act
[Aug. 5, 1999]. If the President determines not to modify such
regulations, the President shall publish a notice in the Federal
Register stating that such reevaluation has been completed and that
a determination has been made not to modify the regulations. Such
notice shall include an explanation of the basis of such decision."
PUBLIC MEETING DURING MORATORIUM PERIOD
Pub. L. 106-40, Sec. 4, Aug. 5, 1999, 113 Stat. 214, provided
that:
"(a) In General. - Not later than 180 days after the date of
enactment of this Act [Aug. 5, 1999], each owner or operator of a
stationary source covered by section 112(r)(7)(B)(ii) of the Clean
Air Act [42 U.S.C. 7412(r)(7)(B)(ii)] shall convene a public
meeting, after reasonable public notice, in order to describe and
discuss the local implications of the risk management plan
submitted by the stationary source pursuant to section
112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the
off-site consequence analysis portion of the plan. Two or more
stationary sources may conduct a joint meeting. In lieu of
conducting such a meeting, small business stationary sources as
defined in section 507(c)(1) of the Clean Air Act [42 U.S.C.
7661f(c)(1)] may comply with this section by publicly posting a
summary of the off-site consequence analysis information for their
facility not later than 180 days after the enactment of this Act.
Not later than 10 months after the date of enactment of this Act,
each such owner or operator shall send a certification to the
director of the Federal Bureau of Investigation stating that such
meeting has been held, or that such summary has been posted, within
1 year prior to, or within 6 months after, the date of the
enactment of this Act. This section shall not apply to sources that
employ only Program 1 processes within the meaning of regulations
promulgated under section 112(r)(7)(B)(i) of the Clean Air Act.
"(b) Enforcement. - The Administrator of the Environmental
Protection Agency may bring an action in the appropriate United
States district court against any person who fails or refuses to
comply with the requirements of this section, and such court may
issue such orders, and take such other actions, as may be necessary
to require compliance with such requirements."
RISK ASSESSMENT AND MANAGEMENT COMMISSION
Section 303 of Pub. L. 101-549 provided that:
"(a) Establishment. - There is hereby established a Risk
Assessment and Management Commission (hereafter referred to in this
section as the 'Commission'), which shall commence proceedings not
later than 18 months after the date of enactment of the Clean Air
Act Amendments of 1990 [Nov. 15, 1990] and which shall make a full
investigation of the policy implications and appropriate uses of
risk assessment and risk management in regulatory programs under
various Federal laws to prevent cancer and other chronic human
health effects which may result from exposure to hazardous
substances.
"(b) Charge. - The Commission shall consider -
"(1) the report of the National Academy of Sciences authorized
by section 112(o) of the Clean Air Act [42 U.S.C. 7412(o)], the
use and limitations of risk assessment in establishing emission
or effluent standards, ambient standards, exposure standards,
acceptable concentration levels, tolerances or other
environmental criteria for hazardous substances that present a
risk of carcinogenic effects or other chronic health effects and
the suitability of risk assessment for such purposes;
"(2) the most appropriate methods for measuring and describing
cancer risks or risks of other chronic health effects from
exposure to hazardous substances considering such alternative
approaches as the lifetime risk of cancer or other effects to the
individual or individuals most exposed to emissions from a source
or sources on both an actual and worst case basis, the range of
such risks, the total number of health effects avoided by
exposure reductions, effluent standards, ambient standards,
exposures standards, acceptable concentration levels, tolerances
and other environmental criteria, reductions in the number of
persons exposed at various levels of risk, the incidence of
cancer, and other public health factors;
"(3) methods to reflect uncertainties in measurement and
estimation techniques, the existence of synergistic or
antagonistic effects among hazardous substances, the accuracy of
extrapolating human health risks from animal exposure data, and
the existence of unquantified direct or indirect effects on human
health in risk assessment studies;
"(4) risk management policy issues including the use of
lifetime cancer risks to individuals most exposed, incidence of
cancer, the cost and technical feasibility of exposure reduction
measures and the use of site-specific actual exposure information
in setting emissions standards and other limitations applicable
to sources of exposure to hazardous substances; and
"(5) and comment on the degree to which it is possible or
desirable to develop a consistent risk assessment methodology, or
a consistent standard of acceptable risk, among various Federal
programs.
"(c) Membership. - Such Commission shall be composed of ten
members who shall have knowledge or experience in fields of risk
assessment or risk management, including three members to be
appointed by the President, two members to be appointed by the
Speaker of the House of Representatives, one member to be appointed
by the Minority Leader of the House of Representatives, two members
to be appointed by the Majority Leader of the Senate, one member to
be appointed by the Minority Leader of the Senate, and one member
to be appointed by the President of the National Academy of
Sciences. Appointments shall be made not later than 18 months after
the date of enactment of the Clean Air Act Amendments of 1990 [Nov.
15, 1990].
"(d) Assistance from Agencies. - The Administrator of the
Environmental Protection Agency and the heads of all other
departments, agencies, and instrumentalities of the executive
branch of the Federal Government shall, to the maximum extent
practicable, assist the Commission in gathering such information as
the Commission deems necessary to carry out this section subject to
other provisions of law.
"(e) Staff and Contracts. -
"(1) In the conduct of the study required by this section, the
Commission is authorized to contract (in accordance with Federal
contract law) with nongovernmental entities that are competent to
perform research or investigations within the Commission's
mandate, and to hold public hearings, forums, and workshops to
enable full public participation.
"(2) The Commission may appoint and fix the pay of such staff
as it deems necessary in accordance with the provisions of title
5, United States Code. The Commission may request the temporary
assignment of personnel from the Environmental Protection Agency
or other Federal agencies.
"(3) The members of the Commission who are not officers or
employees of the United States, while attending conferences or
meetings of the Commission or while otherwise serving at the
request of the Chair, shall be entitled to receive compensation
at a rate not in excess of the maximum rate of pay for Grade GS-
18, as provided in the General Schedule under section 5332 of
title 5 of the United States Code, including travel time, and
while away from their homes or regular places of business they
may be allowed travel expenses, including per diem in lieu of
subsistence as authorized by law for persons in the Government
service employed intermittently.
"(f) Report. - A report containing the results of all Commission
studies and investigations under this section, together with any
appropriate legislative recommendations or administrative
recommendations, shall be made available to the public for comment
not later than 42 months after the date of enactment of the Clean
Air Act Amendments of 1990 [Nov. 15, 1990] and shall be submitted
to the President and to the Congress not later than 48 months after
such date of enactment. In the report, the Commission shall make
recommendations with respect to the appropriate use of risk
assessment and risk management in Federal regulatory programs to
prevent cancer or other chronic health effects which may result
from exposure to hazardous substances. The Commission shall cease
to exist upon the date determined by the Commission, but not later
than 9 months after the submission of such report.
"(g) Authorization. - There are authorized to be appropriated
such sums as are necessary to carry out the activities of the
Commission established by this section."
[References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.]
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be "effects".
(!3) So in original. Probably should be "section".
(!4) So in original. Probably should be "Right-To-Know".
(!5) So in original. Probably should be paragraph "(7)(B)".
(!6) So in original. The word "or" probably should appear.
(!7) So in original. The word "Administrator" probably should be
"Secretary".
(!8) So in original. Probably should be "subparagraph".
(!9) So in original. Probably should be "(i)(II)".
-End-
-CITE-
42 USC Sec. 7413 01/08/2008
-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. 7413. Federal enforcement
-STATUTE-
(a) In general
(1) Order to comply with SIP
Whenever, on the basis of any information available to the
Administrator, the Administrator finds that any person has
violated or is in violation of any requirement or prohibition of
an applicable implementation plan or permit, the Administrator
shall notify the person and the State in which the plan applies
of such finding. At any time after the expiration of 30 days
following the date on which such notice of a violation is issued,
the Administrator may, without regard to the period of violation
(subject to section 2462 of title 28) -
(A) issue an order requiring such person to comply with the
requirements or prohibitions of such plan or permit,
(B) issue an administrative penalty order in accordance with
subsection (d) of this section, or
(C) bring a civil action in accordance with subsection (b) of
this section.
(2) State failure to enforce SIP or permit program
Whenever, on the basis of information available to the
Administrator, the Administrator finds that violations of an
applicable implementation plan or an approved permit program
under subchapter V of this chapter are so widespread that such
violations appear to result from a failure of the State in which
the plan or permit program applies to enforce the plan or permit
program effectively, the Administrator shall so notify the State.
In the case of a permit program, the notice shall be made in
accordance with subchapter V of this chapter. If the
Administrator finds such failure extends beyond the 30th day
after such notice (90 days in the case of such permit program),
the Administrator shall give public notice of such finding.
During the period beginning with such public notice and ending
when such State satisfies the Administrator that it will enforce
such plan or permit program (hereafter referred to in this
section as "period of federally assumed enforcement"), the
Administrator may enforce any requirement or prohibition of such
plan or permit program with respect to any person by -
(A) issuing an order requiring such person to comply with
such requirement or prohibition,
(B) issuing an administrative penalty order in accordance
with subsection (d) of this section, or
(C) bringing a civil action in accordance with subsection (b)
of this section.
(3) EPA enforcement of other requirements
Except for a requirement or prohibition enforceable under the
preceding provisions of this subsection, whenever, on the basis
of any information available to the Administrator, the
Administrator finds that any person has violated, or is in
violation of, any other requirement or prohibition of this
subchapter, section 7603 of this title, subchapter IV-A,
subchapter V, or subchapter VI of this chapter, including, but
not limited to, a requirement or prohibition of any rule, plan,
order, waiver, or permit promulgated, issued, or approved under
those provisions or subchapters, or for the payment of any fee
owed to the United States under this chapter (other than
subchapter II of this chapter), the Administrator may -
(A) issue an administrative penalty order in accordance with
subsection (d) of this section,
(B) issue an order requiring such person to comply with such
requirement or prohibition,
(C) bring a civil action in accordance with subsection (b) of
this section or section 7605 of this title, or
(D) request the Attorney General to commence a criminal
action in accordance with subsection (c) of this section.
(4) Requirements for orders
An order issued under this subsection (other than an order
relating to a violation of section 7412 of this title) shall not
take effect until the person to whom it is issued has had an
opportunity to confer with the Administrator concerning the
alleged violation. A copy of any order issued under this
subsection shall be sent to the State air pollution control
agency of any State in which the violation occurs. Any order
issued under this subsection shall state with reasonable
specificity the nature of the violation and specify a time for
compliance which the Administrator determines is reasonable,
taking into account the seriousness of the violation and any good
faith efforts to comply with applicable requirements. In any case
in which an order under this subsection (or notice to a violator
under paragraph (1)) is issued to a corporation, a copy of such
order (or notice) shall be issued to appropriate corporate
officers. An order issued under this subsection shall require the
person to whom it was issued to comply with the requirement as
expeditiously as practicable, but in no event longer than one
year after the date the order was issued, and shall be
nonrenewable. No order issued under this subsection shall prevent
the State or the Administrator from assessing any penalties nor
otherwise affect or limit the State's or the United States
authority to enforce under other provisions of this chapter, nor
affect any person's obligations to comply with any section of
this chapter or with a term or condition of any permit or
applicable implementation plan promulgated or approved under this
chapter.
(5) Failure to comply with new source requirements
Whenever, on the basis of any available information, the
Administrator finds that a State is not acting in compliance with
any requirement or prohibition of the chapter relating to the
construction of new sources or the modification of existing
sources, the Administrator may -
(A) issue an order prohibiting the construction or
modification of any major stationary source in any area to
which such requirement applies; (!1)
(B) issue an administrative penalty order in accordance with
subsection (d) of this section, or
(C) bring a civil action under subsection (b) of this
section.
Nothing in this subsection shall preclude the United States from
commencing a criminal action under subsection (c) of this section
at any time for any such violation.
(b) Civil judicial enforcement
The Administrator shall, as appropriate, in the case of any
person that is the owner or operator of an affected source, a major
emitting facility, or a major stationary source, and may, in the
case of any other person, commence a civil action for a permanent
or temporary injunction, or to assess and recover a civil penalty
of not more than $25,000 per day for each violation, or both, in
any of the following instances:
(1) Whenever such person has violated, or is in violation of,
any requirement or prohibition of an applicable implementation
plan or permit. Such an action shall be commenced (A) during any
period of federally assumed enforcement, or (B) more than 30 days
following the date of the Administrator's notification under
subsection (a)(1) of this section that such person has violated,
or is in violation of, such requirement or prohibition.
(2) Whenever such person has violated, or is in violation of,
any other requirement or prohibition of this subchapter, section
7603 of this title, subchapter IV-A, subchapter V, or subchapter
VI of this chapter, including, but not limited to, a requirement
or prohibition of any rule, order, waiver or permit promulgated,
issued, or approved under this chapter, or for the payment of any
fee owed the United States under this chapter (other than
subchapter II of this chapter).
(3) Whenever such person attempts to construct or modify a
major stationary source in any area with respect to which a
finding under subsection (a)(5) of this section has been made.
Any action under this subsection may be brought in the district
court of the United States for the district in which the violation
is alleged to have occurred, or is occurring, or in which the
defendant resides, or where the defendant's principal place of
business is located, and such court shall have jurisdiction to
restrain such violation, to require compliance, to assess such
civil penalty, to collect any fees owed the United States under
this chapter (other than subchapter II of this chapter) and any
noncompliance assessment and nonpayment penalty owed under section
7420 of this title, and to award any other appropriate relief.
Notice of the commencement of such action shall be given to the
appropriate State air pollution control agency. In the case of any
action brought by the Administrator under this subsection, the
court may award costs of litigation (including reasonable attorney
and expert witness fees) to the party or parties against whom such
action was brought if the court finds that such action was
unreasonable.
(c) Criminal penalties
(1) Any person who knowingly violates any requirement or
prohibition of an applicable implementation plan (during any period
of federally assumed enforcement or more than 30 days after having
been notified under subsection (a)(1) of this section by the
Administrator that such person is violating such requirement or
prohibition), any order under subsection (a) of this section,
requirement or prohibition of section 7411(e) of this title
(relating to new source performance standards), section 7412 of
this title, section 7414 of this title (relating to inspections,
etc.), section 7429 of this title (relating to solid waste
combustion), section 7475(a) of this title (relating to
preconstruction requirements), an order under section 7477 of this
title (relating to preconstruction requirements), an order under
section 7603 of this title (relating to emergency orders), section
7661a(a) or 7661b(c) of this title (relating to permits), or any
requirement or prohibition of subchapter IV-A of this chapter
(relating to acid deposition control), or subchapter VI of this
chapter (relating to stratospheric ozone control), including a
requirement of any rule, order, waiver, or permit promulgated or
approved under such sections or subchapters, and including any
requirement for the payment of any fee owed the United States under
this chapter (other than subchapter II of this chapter) shall, upon
conviction, be punished by a fine pursuant to title 18 or by
imprisonment for not to exceed 5 years, or both. If a conviction of
any person under this paragraph is for a violation committed after
a first conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine and
imprisonment.
(2) Any person who knowingly -
(A) makes any false material statement, representation, or
certification in, or omits material information from, or
knowingly alters, conceals, or fails to file or maintain any
notice, application, record, report, plan, or other document
required pursuant to this chapter to be either filed or
maintained (whether with respect to the requirements imposed by
the Administrator or by a State);
(B) fails to notify or report as required under this chapter;
or
(C) falsifies, tampers with, renders inaccurate, or fails to
install any monitoring device or method required to be maintained
or followed under this chapter (!2)
shall, upon conviction, be punished by a fine pursuant to title 18
or by imprisonment for not more than 2 years, or both. If a
conviction of any person under this paragraph is for a violation
committed after a first conviction of such person under this
paragraph, the maximum punishment shall be doubled with respect to
both the fine and imprisonment.
(3) Any person who knowingly fails to pay any fee owed the United
States under this subchapter, subchapter III, IV-A, V, or VI of
this chapter shall, upon conviction, be punished by a fine pursuant
to title 18 or by imprisonment for not more than 1 year, or both.
If a conviction of any person under this paragraph is for a
violation committed after a first conviction of such person under
this paragraph, the maximum punishment shall be doubled with
respect to both the fine and imprisonment.
(4) Any person who negligently releases into the ambient air any
hazardous air pollutant listed pursuant to section 7412 of this
title or any extremely hazardous substance listed pursuant to
section 11002(a)(2) of this title that is not listed in section
7412 of this title, and who at the time negligently places another
person in imminent danger of death or serious bodily injury shall,
upon conviction, be punished by a fine under title 18 or by
imprisonment for not more than 1 year, or both. If a conviction of
any person under this paragraph is for a violation committed after
a first conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine and
imprisonment.
(5)(A) Any person who knowingly releases into the ambient air any
hazardous air pollutant listed pursuant to section 7412 of this
title or any extremely hazardous substance listed pursuant to
section 11002(a)(2) of this title that is not listed in section
7412 of this title, and who knows at the time that he thereby
places another person in imminent danger of death or serious bodily
injury shall, upon conviction, be punished by a fine under title 18
or by imprisonment of not more than 15 years, or both. Any person
committing such violation which is an organization shall, upon
conviction under this paragraph, be subject to a fine of not more
than $1,000,000 for each violation. If a conviction of any person
under this paragraph is for a violation committed after a first
conviction of such person under this paragraph, the maximum
punishment shall be doubled with respect to both the fine and
imprisonment. For any air pollutant for which the Administrator has
set an emissions standard or for any source for which a permit has
been issued under subchapter V of this chapter, a release of such
pollutant in accordance with that standard or permit shall not
constitute a violation of this paragraph or paragraph (4).
(B) In determining whether a defendant who is an individual knew
that the violation placed another person in imminent danger of
death or serious bodily injury -
(i) the defendant is responsible only for actual awareness or
actual belief possessed; and
(ii) knowledge possessed by a person other than the defendant,
but not by the defendant, may not be attributed to the defendant;
except that in proving a defendant's possession of actual
knowledge, circumstantial evidence may be used, including evidence
that the defendant took affirmative steps to be shielded from
relevant information.
(C) It is an affirmative defense to a prosecution that the
conduct charged was freely consented to by the person endangered
and that the danger and conduct charged were reasonably foreseeable
hazards of -
(i) an occupation, a business, or a profession; or
(ii) medical treatment or medical or scientific experimentation
conducted by professionally approved methods and such other
person had been made aware of the risks involved prior to giving
consent.
The defendant may establish an affirmative defense under this
subparagraph by a preponderance of the evidence.
(D) All general defenses, affirmative defenses, and bars to
prosecution that may apply with respect to other Federal criminal
offenses may apply under subparagraph (A) of this paragraph and
shall be determined by the courts of the United States according to
the principles of common law as they may be interpreted in the
light of reason and experience. Concepts of justification and
excuse applicable under this section may be developed in the light
of reason and experience.
(E) The term "organization" means a legal entity, other than a
government, established or organized for any purpose, and such term
includes a corporation, company, association, firm, partnership,
joint stock company, foundation, institution, trust, society,
union, or any other association of persons.
(F) The term "serious bodily injury" means bodily injury which
involves a substantial risk of death, unconsciousness, extreme
physical pain, protracted and obvious disfigurement or protracted
loss or impairment of the function of a bodily member, organ, or
mental faculty.
(6) For the purpose of this subsection, the term "person"
includes, in addition to the entities referred to in section
7602(e) of this title, any responsible corporate officer.
(d) Administrative assessment of civil penalties
(1) The Administrator may issue an administrative order against
any person assessing a civil administrative penalty of up to
$25,000, per day of violation, whenever, on the basis of any
available information, the Administrator finds that such person -
(A) has violated or is violating any requirement or prohibition
of an applicable implementation plan (such order shall be issued
(i) during any period of federally assumed enforcement, or (ii)
more than thirty days following the date of the Administrator's
notification under subsection (a)(1) of this section of a finding
that such person has violated or is violating such requirement or
prohibition); or
(B) has violated or is violating any other requirement or
prohibition of this subchapter or subchapter III, IV-A, V, or VI
of this chapter, including, but not limited to, a requirement or
prohibition of any rule, order, waiver, permit, or plan
promulgated, issued, or approved under this chapter, or for the
payment of any fee owed the United States under this chapter
(other than subchapter II of this chapter); or
(C) attempts to construct or modify a major stationary source
in any area with respect to which a finding under subsection
(a)(5) of this section has been made.
The Administrator's authority under this paragraph shall be limited
to matters where the total penalty sought does not exceed $200,000
and the first alleged date of violation occurred no more than 12
months prior to the initiation of the administrative action, except
where the Administrator and the Attorney General jointly determine
that a matter involving a larger penalty amount or longer period of
violation is appropriate for administrative penalty action. Any
such determination by the Administrator and the Attorney General
shall not be subject to judicial review.
(2)(A) An administrative penalty assessed under paragraph (1)
shall be assessed by the Administrator by an order made after
opportunity for a hearing on the record in accordance with sections
554 and 556 of title 5. The Administrator shall issue reasonable
rules for discovery and other procedures for hearings under this
paragraph. Before issuing such an order, the Administrator shall
give written notice to the person to be assessed an administrative
penalty of the Administrator's proposal to issue such order and
provide such person an opportunity to request such a hearing on the
order, within 30 days of the date the notice is received by such
person.
(B) The Administrator may compromise, modify, or remit, with or
without conditions, any administrative penalty which may be imposed
under this subsection.
(3) The Administrator may implement, after consultation with the
Attorney General and the States, a field citation program through
regulations establishing appropriate minor violations for which
field citations assessing civil penalties not to exceed $5,000 per
day of violation may be issued by officers or employees designated
by the Administrator. Any person to whom a field citation is
assessed may, within a reasonable time as prescribed by the
Administrator through regulation, elect to pay the penalty
assessment or to request a hearing on the field citation. If a
request for a hearing is not made within the time specified in the
regulation, the penalty assessment in the field citation shall be
final. Such hearing shall not be subject to section 554 or 556 of
title 5, but shall provide a reasonable opportunity to be heard and
to present evidence. Payment of a civil penalty required by a field
citation shall not be a defense to further enforcement by the
United States or a State to correct a violation, or to assess the
statutory maximum penalty pursuant to other authorities in the
chapter, if the violation continues.
(4) Any person against whom a civil penalty is assessed under
paragraph (3) of this subsection or to whom an administrative
penalty order is issued under paragraph (1) of this subsection may
seek review of such assessment in the United States District Court
for the District of Columbia or for the district in which the
violation is alleged to have occurred, in which such person
resides, or where such person's principal place of business is
located, by filing in such court within 30 days following the date
the administrative penalty order becomes final under paragraph (2),
the assessment becomes final under paragraph (3), or a final
decision following a hearing under paragraph (3) is rendered, and
by simultaneously sending a copy of the filing by certified mail to
the Administrator and the Attorney General. Within 30 days
thereafter, the Administrator shall file in such court a certified
copy, or certified index, as appropriate, of the record on which
the administrative penalty order or assessment was issued. Such
court shall not set aside or remand such order or assessment unless
there is not substantial evidence in the record, taken as a whole,
to support the finding of a violation or unless the order or
penalty assessment constitutes an abuse of discretion. Such order
or penalty assessment shall not be subject to review by any court
except as provided in this paragraph. In any such proceedings, the
United States may seek to recover civil penalties ordered or
assessed under this section.
(5) If any person fails to pay an assessment of a civil penalty
or fails to comply with an administrative penalty order -
(A) after the order or assessment has become final, or
(B) after a court in an action brought under paragraph (4) has
entered a final judgment in favor of the Administrator,
the Administrator shall request the Attorney General to bring a
civil action in an appropriate district court to enforce the order
or to recover the amount ordered or assessed (plus interest at
rates established pursuant to section 6621(a)(2) of title 26 from
the date of the final order or decision or the date of the final
judgment, as the case may be). In such an action, the validity,
amount, and appropriateness of such order or assessment shall not
be subject to review. Any person who fails to pay on a timely basis
a civil penalty ordered or assessed under this section shall be
required to pay, in addition to such penalty and interest, the
United States enforcement expenses, including but not limited to
attorneys fees and costs incurred by the United States for
collection proceedings and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. Such nonpayment
penalty shall be 10 percent of the aggregate amount of such
person's outstanding penalties and nonpayment penalties accrued as
of the beginning of such quarter.
(e) Penalty assessment criteria
(1) In determining the amount of any penalty to be assessed under
this section or section 7604(a) of this title, the Administrator or
the court, as appropriate, shall take into consideration (in
addition to such other factors as justice may require) the size of
the business, the economic impact of the penalty on the business,
the violator's full compliance history and good faith efforts to
comply, the duration of the violation as established by any
credible evidence (including evidence other than the applicable
test method), payment by the violator of penalties previously
assessed for the same violation, the economic benefit of
noncompliance, and the seriousness of the violation. The court
shall not assess penalties for noncompliance with administrative
subpoenas under section 7607(a) of this title, or actions under
section 7414 of this title, where the violator had sufficient cause
to violate or fail or refuse to comply with such subpoena or
action.
(2) A penalty may be assessed for each day of violation. For
purposes of determining the number of days of violation for which a
penalty may be assessed under subsection (b) or (d)(1) of this
section, or section 7604(a) of this title, or an assessment may be
made under section 7420 of this title, where the Administrator or
an air pollution control agency has notified the source of the
violation, and the plaintiff makes a prima facie showing that the
conduct or events giving rise to the violation are likely to have
continued or recurred past the date of notice, the days of
violation shall be presumed to include the date of such notice and
each and every day thereafter until the violator establishes that
continuous compliance has been achieved, except to the extent that
the violator can prove by a preponderance of the evidence that
there were intervening days during which no violation occurred or
that the violation was not continuing in nature.
(f) Awards
The Administrator may pay an award, not to exceed $10,000, to any
person who furnishes information or services which lead to a
criminal conviction or a judicial or administrative civil penalty
for any violation of this subchapter or subchapter III, IV-A, V, or
VI of this chapter enforced under this section. Such payment is
subject to available appropriations for such purposes as provided
in annual appropriation Acts. Any officer,(!3) or employee of the
United States or any State or local government who furnishes
information or renders service in the performance of an official
duty is ineligible for payment under this subsection. The
Administrator may, by regulation, prescribe additional criteria for
eligibility for such an award.
(g) Settlements; public participation
At least 30 days before a consent order or settlement agreement
of any kind under this chapter to which the United States is a
party (other than enforcement actions under this section, section
7420 of this title, or subchapter II of this chapter, whether or
not involving civil or criminal penalties, or judgments subject to
Department of Justice policy on public participation) is final or
filed with a court, the Administrator shall provide a reasonable
opportunity by notice in the Federal Register to persons who are
not named as parties or intervenors to the action or matter to
comment in writing. The Administrator or the Attorney General, as
appropriate, shall promptly consider any such written comments and
may withdraw or withhold his consent to the proposed order or
agreement if the comments disclose facts or considerations which
indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of this chapter. Nothing in
this subsection shall apply to civil or criminal penalties under
this chapter.
(h) Operator
For purposes of the provisions of this section and section 7420
of this title, the term "operator", as used in such provisions,
shall include any person who is senior management personnel or a
corporate officer. Except in the case of knowing and willful
violations, such term shall not include any person who is a
stationary engineer or technician responsible for the operation,
maintenance, repair, or monitoring of equipment and facilities and
who often has supervisory and training duties but who is not senior
management personnel or a corporate officer. Except in the case of
knowing and willful violations, for purposes of subsection (c)(4)
of this section, the term "a person" shall not include an employee
who is carrying out his normal activities and who is not a part of
senior management personnel or a corporate officer. Except in the
case of knowing and willful violations, for purposes of paragraphs
(1), (2), (3), and (5) of subsection (c) of this section the term
"a person" shall not include an employee who is carrying out his
normal activities and who is acting under orders from the employer.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 113, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1686; amended Pub. L. 92-
157, title III, Sec. 302(b), (c), Nov. 18, 1971, 85 Stat. 464;
Pub. L. 93-319, Sec. 6(a)(1)-(3), June 22, 1974, 88 Stat. 259; Pub.
L. 95-95, title I, Secs. 111, 112(a), Aug. 7, 1977, 91 Stat. 704,
705; Pub. L. 95-190, Sec. 14(a)(10)-(21), (b)(1), Nov. 16, 1977, 91
Stat. 1400, 1404; Pub. L. 97-23, Sec. 2, July 17, 1981, 95 Stat.
139; Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat.
2672.)
-COD-
CODIFICATION
Section was formerly classified to section 1857c-8 of this title.
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
finding of violation, notice, compliance order, civil action, State
failure to enforce plan, and construction or modification of major
stationary sources; in subsec. (b), violations by owners or
operators of major stationary sources; in subsec. (c), penalties;
in subsec. (d), final compliance orders; and in subsec. (e), steel
industry compliance extension.
1981 - Subsec. (e). Pub. L. 97-23 added subsec. (e).
1977 - Subsec. (a)(5). Pub. L. 95-95, Sec. 111(a), added par.
(5).
Subsec. (b). Pub. L. 95-95, Sec. 111(b), (c), substituted "shall,
in the case of any person which is the owner or operator of a major
stationary source, and may, in the case of any other person,
commence a civil action for a permanent or temporary injunction, or
to assess and recover a civil penalty of not more than $25,000 per
day of violation, or both, whenever such person" for "may commence
a civil action for appropriate relief, including a permanent or
temporary injunction, whenever any person" in provisions preceding
par. (1), inserted references to subsec. (d)(5) of this section,
sections 7419 and 7620 of this title, and regulations under part in
par. (3), inserted reference to subsec. (d) of this section in par.
(4), added par. (5), and, in provisions following par. (5),
authorized the commencement of civil actions to recover
noncompliance penalties and nonpayment penalties under section 7420
of this title, expanded jurisdictional provisions to authorize
actions in districts in which the violation occurred and to
authorize the district court to restrain violations, to require
compliance, to assess civil penalties, and to collect penalties
under section 7420 of this title, enumerated factors to be taken
into consideration in determining the amount of civil penalties,
and authorized awarding of costs to the party or parties against
whom the action was brought in cases where the court finds that the
action was unreasonable.
Subsec. (b)(3). Pub. L. 95-190, Sec. 14(a)(10), (11), inserted
"or" after "ozone);", and substituted "7624" for "7620",
"conversion), section" for "conversion) section", and "orders), or"
for "orders) or".
Subsec. (c)(1). Pub. L. 95-95, Sec. 111(d)(1), (2), substituted
"any order issued under section 7419 of this title or under
subsection (a) or (d) of this section" for "any order issued by the
Administrator under subsection (a) of this section" in subpar. (B),
struck out reference to section 119(g) (as in effect before the
date of the enactment of Pub. L. 95-95) in subpar. (C), and added
subpar. (D).
Subsec. (c)(1)(B). Pub. L. 95-190, Sec. 14(a)(12), inserted "or"
after "section,".
Subsec. (c)(1)(D). Pub. L. 95-190, Sec. 14(a)(13), substituted
"1977 subsection" for "1977) subsection" and "penalties), or" for
"penalties) or".
Subsec. (c)(3). Pub. L. 95-95, Sec. 111(d)(3), added par. (3).
Subsec. (d). Pub. L. 95-95, Sec. 112(a), added subsec. (d).
Subsec. (d)(1). Pub. L. 95-190, Sec. 14(a)(14), substituted "to
any stationary source which is unable to comply with any
requirement of an applicable implementation plan an order" for "an
order for any stationary source" and "such requirement" for "any
requirement of an applicable implementation plan".
Subsec. (d)(1)(E). Pub. L. 95-190, Sec. 14(a)(15), inserted
provision relating to exemption under section 7420(a)(2)(B) or (C)
of this title, provision relating to noncompliance penalties
effective July 1, 1979, and reference to subsec. (b)(3) or (g) of
section 7420 of this title.
Subsec. (d)(2). Pub. L. 95-190, Sec. 14(a)(16), inserted
provisions relating to determinations by the Administrator of
compliance with requirements of this chapter of State orders issued
under this subsection.
Subsec. (d)(4)(A). Pub. L. 95-190, Sec. 14(a)(17), substituted
"title) upon" for "title upon".
Subsec. (d)(5)(A). Pub. L. 95-190, Sec. 14(a)(18), substituted
"an additional period for" for "an additional period of".
Subsec. (d)(8). Pub. L. 95-190, Sec. 14(a)(19), struck out
reference to par. (3) of this subsection.
Subsec. (d)(10). Pub. L. 95-190, Sec. 14(a)(20), substituted "in
effect" for "issued", "Federal" for "other", and "and no action
under" for "or".
Subsec. (d)(11). Pub. L. 95-190, Sec. 14(a)(21), substituted "and
in effect" for "(and approved by the Administrator)".
1974 - Subsec. (a)(3). Pub. L. 93-319, Sec. 6(a)(1), inserted
reference to section 1857c-10(g) of this title (relating to energy-
related authorities).
Subsecs. (b)(3), (c)(1)(C). Pub. L. 93-319, Sec. 6(a)(2), (3),
inserted reference to section 1857c-10(g) of this title.
1971 - Subsec. (b)(2). Pub. L. 92-157, Sec. 302(b), inserted
"(A)" before "during" and ", or (B)" after "assumed enforcement".
Subsec. (c)(1)(A). Pub. L. 92-157, Sec. 302(c), inserted "(i)"
before "during" and ", or (ii)" after "assumed enforcement".
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except
for certain functions transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
of this title.
-FOOTNOTE-
(!1) So in original. The semicolon probably should be a comma.
(!2) So in original. Probably should be followed by a comma.
(!3) So in original. The comma probably should not appear.
-End-
-CITE-
42 USC Sec. 7414 01/08/2008
-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. 7414. Recordkeeping, inspections, monitoring, and entry
-STATUTE-
(a) Authority of Administrator or authorized representative
For the purpose (i) of developing or assisting in the development
of any implementation plan under section 7410 or section 7411(d) of
this title, any standard of performance under section 7411 of this
title, any emission standard under section 7412 of this title,,(!1)
or any regulation of solid waste combustion under section 7429 of
this title, or any regulation under section 7429 of this title
(relating to solid waste combustion), (ii) of determining whether
any person is in violation of any such standard or any requirement
of such a plan, or (iii) carrying out any provision of this chapter
(except a provision of subchapter II of this chapter with respect
to a manufacturer of new motor vehicles or new motor vehicle
engines) -
(1) the Administrator may require any person who owns or
operates any emission source, who manufactures emission control
equipment or process equipment, who the Administrator believes
may have information necessary for the purposes set forth in this
subsection, or who is subject to any requirement of this chapter
(other than a manufacturer subject to the provisions of section
7525(c) or 7542 of this title with respect to a provision of
subchapter II of this chapter) on a one-time, periodic or
continuous basis to -
(A) establish and maintain such records;
(B) make such reports;
(C) install, use, and maintain such monitoring equipment, and
use such audit procedures, or methods;
(D) sample such emissions (in accordance with such procedures
or methods, at such locations, at such intervals, during such
periods and in such manner as the Administrator shall
prescribe);
(E) keep records on control equipment parameters, production
variables or other indirect data when direct monitoring of
emissions is impractical;
(F) submit compliance certifications in accordance with
subsection (a)(3) of this section; and
(G) provide such other information as the Administrator may
reasonably require; and (!2)
(2) the Administrator or his authorized representative, upon
presentation of his credentials -
(A) shall have a right of entry to, upon, or through any
premises of such person or in which any records required to be
maintained under paragraph (1) of this section are located, and
(B) may at reasonable times have access to and copy any
records, inspect any monitoring equipment or method required
under paragraph (1), and sample any emissions which such person
is required to sample under paragraph (1).(!3)
(3) The (!4) Administrator shall in the case of any person
which is the owner or operator of a major stationary source, and
may, in the case of any other person, require enhanced monitoring
and submission of compliance certifications. Compliance
certifications shall include (A) identification of the applicable
requirement that is the basis of the certification, (B) the
method used for determining the compliance status of the source,
(C) the compliance status, (D) whether compliance is continuous
or intermittent, (E) such other facts as the Administrator may
require. Compliance certifications and monitoring data shall be
subject to subsection (c) of this section. Submission of a
compliance certification shall in no way limit the
Administrator's authorities to investigate or otherwise implement
this chapter. The Administrator shall promulgate rules to provide
guidance and to implement this paragraph within 2 years after
November 15, 1990.
(b) State enforcement
(1) Each State may develop and submit to the Administrator a
procedure for carrying out this section in such State. If the
Administrator finds the State procedure is adequate, he may
delegate to such State any authority he has to carry out this
section.
(2) Nothing in this subsection shall prohibit the Administrator
from carrying out this section in a State.
(c) Availability of records, reports, and information to public;
disclosure of trade secrets
Any records, reports or information obtained under subsection (a)
of this section shall be available to the public, except that upon
a showing satisfactory to the Administrator by any person that
records, reports, or information, or particular part thereof,
(other than emission data) to which the Administrator has access
under this section if made public, would divulge methods or
processes entitled to protection as trade secrets of such person,
the Administrator shall consider such record, report, or
information or particular portion thereof confidential in
accordance with the purposes of section 1905 of title 18, except
that such record, report, or information may be disclosed to other
officers, employees, or authorized representatives of the United
States concerned with carrying out this chapter or when relevant in
any proceeding under this chapter.
(d) Notice of proposed entry, inspection, or monitoring
(1) In the case of any emission standard or limitation or other
requirement which is adopted by a State, as part of an applicable
implementation plan or as part of an order under section 7413(d)
(!5) of this title, before carrying out an entry, inspection, or
monitoring under paragraph (2) of subsection (a) of this section
with respect to such standard, limitation, or other requirement,
the Administrator (or his representatives) shall provide the State
air pollution control agency with reasonable prior notice of such
action, indicating the purpose of such action. No State agency
which receives notice under this paragraph of an action proposed to
be taken may use the information contained in the notice to inform
the person whose property is proposed to be affected of the
proposed action. If the Administrator has reasonable basis for
believing that a State agency is so using or will so use such
information, notice to the agency under this paragraph is not
required until such time as the Administrator determines the agency
will no longer so use information contained in a notice under this
paragraph. Nothing in this section shall be construed to require
notification to any State agency of any action taken by the
Administrator with respect to any standard, limitation, or other
requirement which is not part of an applicable implementation plan
or which was promulgated by the Administrator under section 7410(c)
of this title.
(2) Nothing in paragraph (1) shall be construed to provide that
any failure of the Administrator to comply with the requirements of
such paragraph shall be a defense in any enforcement action brought
by the Administrator or shall make inadmissible as evidence in any
such action any information or material obtained notwithstanding
such failure to comply with such requirements.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 114, as added Pub. L. 91-
604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1687; amended Pub. L. 93-
319, Sec. 6(a)(4), June 22, 1974, 88 Stat. 259; Pub. L. 95-95,
title I, Secs. 109(d)(3), 113, title III, Sec. 305(d), Aug. 7,
1977, 91 Stat. 701, 709, 776; Pub. L. 95-190, Sec. 14(a)(22), (23),
Nov. 16, 1977, 91 Stat. 1400; Pub. L. 101-549, title III, Sec.
302(c), title VII, Sec. 702(a), (b), Nov. 15, 1990, 104 Stat. 2574,
2680, 2681.)
-REFTEXT-
REFERENCES IN TEXT
Section 7413(d) of this title, referred to in subsec. (d)(1), was
amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,
1990, 104 Stat. 2672, and, as so amended, no longer relates to
final compliance orders.
-COD-
CODIFICATION
Section was formerly classified to section 1857c-9 of this title.
-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, Sec. 702(a)(1), which
directed that "or" be struck out in first sentence immediately
before "any emission standard under section 7412 of this title,"
could not be executed because of the prior amendment by Pub. L. 101-
549, Sec. 302(c), see below.
Pub. L. 101-549, Sec. 702(a)(2), inserted "or any regulation
under section 7429 of this title (relating to solid waste
combustion)," before "(ii) of determining".
Pub. L. 101-549, Sec. 302(c), struck out "or" after "performance
under section 7411 of this title," and inserted ", or any
regulation of solid waste combustion under section 7429 of this
title," after "standard under section 7412 of this title".
Subsec. (a)(1). Pub. L. 101-549, Sec. 702(a)(3), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "the
Administrator may require any person who owns or operates any
emission source or who is subject to any requirement of this
chapter (other than a manufacturer subject to the provisions of
section 7525(c) or 7542 of this title) with respect to a provision
of subchapter II of this chapter to (A) establish and maintain such
records, (B) make such reports, (C) install, use, and maintain such
monitoring equipment or methods, (D) sample such emissions (in
accordance with such methods, at such locations, at such intervals,
and in such manner as the Administrator shall prescribe), and (E)
provide such other information as he may reasonably require; and".
Subsec. (a)(3). Pub. L. 101-549, Sec. 702(b), added par. (3).
1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(22), inserted
reference to subchapter II of this chapter and "new" before "motor"
in two places.
Pub. L. 95-95, Sec. 305(d), substituted "carrying out any
provision of this chapter (except with respect to a manufacturer of
motor vehicles or motor vehicle engines)" for "carrying out
sections 119 or 303" in cl. (iii) preceding par. (1), substituted
"any person subject to any requirement of this chapter (other than
a manufacturer subject to the provisions of sections 7525(c) or
7542 of this title)" for "the owner or operator of any emission
source" in par. (1), substituted "any premises of such person" for
"any premises in which an emission source is located" in subpar.
(A) of par. (2), and substituted "emissions which such person is
required to sample" for "emissions which the owner or operator of
such source is required to sample" in subpar. (B) of subpar. (2).
Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(23), inserted
reference to subchapter II of this chapter and "who owns or
operates any emission source or who is" after "any person".
Subsec. (b)(1). Pub. L. 95-95, Sec. 109(d)(3), struck out
"(except with respect to new sources owned or operated by the
United States)" after "to carry out this section".
Subsec. (d). Pub. L. 95-95, Sec. 113, added subsec. (d).
1974 - Subsec. (a). Pub. L. 93-319 inserted reference to section
119.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-FOOTNOTE-
(!1) So in original.
(!2) So in original. The "and" probably should not appear.
(!3) The period probably should be "; and".
(!4) So in original. Probably should not be capitalized.
(!5) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7415 01/08/2008
-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. 7415. International air pollution
-STATUTE-
(a) Endangerment of public health or welfare in foreign countries
from pollution emitted in United States
Whenever the Administrator, upon receipt of reports, surveys or
studies from any duly constituted international agency has reason
to believe that any air pollutant or pollutants emitted in the
United States cause or contribute to air pollution which may
reasonably be anticipated to endanger public health or welfare in a
foreign country or whenever the Secretary of State requests him to
do so with respect to such pollution which the Secretary of State
alleges is of such a nature, the Administrator shall give formal
notification thereof to the Governor of the State in which such
emissions originate.
(b) Prevention or elimination of endangerment
The notice of the Administrator shall be deemed to be a finding
under section 7410(a)(2)(H)(ii) of this title which requires a plan
revision with respect to so much of the applicable implementation
plan as is inadequate to prevent or eliminate the endangerment
referred to in subsection (a) of this section. Any foreign country
so affected by such emission of pollutant or pollutants shall be
invited to appear at any public hearing associated with any
revision of the appropriate portion of the applicable
implementation plan.
(c) Reciprocity
This section shall apply only to a foreign country which the
Administrator determines has given the United States essentially
the same rights with respect to the prevention or control of air
pollution occurring in that country as is given that country by
this section.
(d) Recommendations
Recommendations issued following any abatement conference
conducted prior to August 7, 1977, shall remain in effect with
respect to any pollutant for which no national ambient air quality
standard has been established under section 7409 of this title
unless the Administrator, after consultation with all agencies
which were party to the conference, rescinds any such
recommendation on grounds of obsolescence.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 115, formerly Sec. 5, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 396;
renumbered Sec. 105 and amended Pub. L. 89-272, title I, Secs.
101(2), (3), 102, Oct. 20, 1965, 79 Stat. 992, 995, renumbered Sec.
108 and amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.
491, renumbered Sec. 115 and amended Pub. L. 91-604, Secs. 4(a),
(b)(2)-(10), 15(c)(2), Dec. 31, 1970, 84 Stat. 1678, 1688, 1689,
1713; Pub. L. 95-95, title I, Sec. 114, Aug. 7, 1977, 91 Stat.
710.)
-COD-
CODIFICATION
Section was formerly classified to section 1857d of this title.
-MISC1-
AMENDMENTS
1977 - Pub. L. 95-95 completely revised section by substituting
provisions establishing a mechanism for the Administrator to
trigger a revision of a State implementation plan under section
7410(a)(2)(H) upon a petition of an international agency or the
Secretary of State if he finds that emissions originating in a
State endanger the health or welfare of persons in a foreign
country for provisions calling for the abatement of air pollution
by means of conference procedures.
1970 - Subsec. (a). Pub. L. 91-604, Sec. 4(b)(2), inserted "and
which is covered by subsection (b) or (c) of this section" after
"persons".
Subsec. (b). Pub. L. 91-604, Secs. 4(b)(3), (4), (5), 15(c)(2),
redesignated former subsec. (d)(1)(A), (B), and (C) as (b)(1), (2),
and (3), substituted "Administrator" for "Secretary" wherever
appearing, and added subsec. (b)(4). Former subsec. (b), which
related to the encouragement of municipal, State, and interstate
action to abate air pollution, was struck out.
Subsec. (c). Pub. L. 91-604, Secs. 4(b)(3), (6), 15(c)(2),
redesignated former subsec. (d)(1)(D) as (c) and substituted
"Administrator" for "Secretary" and "Secretary of Health,
Education, and Welfare" wherever appearing and "subsection" for
"subparagraph" wherever appearing. Former subsec. (c), which
related to the procedure for the promulgation of State air quality
standards, was struck out.
Subsec. (d). Pub. L. 91-604, Secs. 4(b)(4), (6), (7), (8),
15(c)(2), redesignated former subsec. (d)(2) and (3) as (d)(1) and
(2), in (d)(1) substituted "Administrator" for "Secretary" wherever
appearing and "any conference under this section" for "such
conference", and in (d)(2) substituted "Administrator" for
"Secretary". Former subsec. (d)(1)(A), (B), and (C) were
redesignated as (b)(1), (2), and (3), respectively, and subsec.
(d)(1)(D) was redesignated as (c).
Subsec. (e). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (f). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing and
"Environmental Protection Agency" for "Department of Health,
Education, and Welfare".
Subsec. (g). Pub. L. 91-604, Secs. 4(b)(9), 15(c)(2), substituted
"Administrator" for "Secretary" and "subsection (c)" for
"subparagraph (D) of subsection (d)".
Subsecs. (i), (j). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (k). Pub. L. 91-604, Sec. 4(b)(3), (10), substituted
provisions relating to compliance with any requirement of an
applicable implementation plan or with any standard prescribed
under section 7411 of this title or section 7412 of this title, for
provisions relating to the enjoining of imminent and substantial
endangerment from pollution sources.
1967 - Subsec. (b). Pub. L. 90-148 substituted reference to
subsec. (c), (h), or (k) of this section for reference to subsec.
(g) of this section.
Subsecs. (c), (d). Pub. L. 90-148 added subsec. (c), redesignated
former subsec. (c) as (d), inserted in par. (2) provisions for the
delivery prior to the conference of a Federal report to agencies
and interested parties covering matters before the conference,
raised from three weeks to thirty days the required notice of the
conference, and inserted provisions for notice by newspapers,
presentation of views on the Federal report, and transcript of
proceedings. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 90-148 redesignated former subsec. (d) as
(e). Former subsec. (e) redesignated (f) and amended.
Subsec. (f). Pub. L. 90-148 redesignated former subsec. (e) as
(f) and inserted in par. (1) requirement that all interested
parties be given a reasonable opportunity to present evidence to
the hearing board. Former subsec. (f) redesignated (g) and amended.
Subsec. (g). Pub. L. 90-148 redesignated former subsec. (f) as
(g) and substituted reference to subsec. (d) of this section for
reference to subsec. (c) of this section. Former subsec. (g)
redesignated (h) and amended.
Subsec. (h). Pub. L. 90-148 redesignated former subsec. (g) as
(h) and substituted reference to subsec. (g) of this section for
reference to subsec. (f) of this section. Former subsec. (h)
redesignated (i) and amended.
Subsec. (i). Pub. L. 90-148 redesignated former subsec. (h) as
(i) and substituted reference to subsec. (f) of this section for
reference to subsec. (e) of this section and raised the per diem
maximum from $50 to $100. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 90-148 redesignated former subsec. (i) as
(j).
Subsec. (k). Pub. L. 90-148 added subsec. (k).
1965 - Subsec. (b). Pub. L. 89-272, Sec. 101(2), substituted
"this title" for "this Act", which for purposes of codification has
been changed to "this subchapter".
Subsec. (c)(1)(D). Pub. L. 89-272, Sec. 102(a), added subpar.
(D).
Subsec. (d)(3). Pub. L. 89-272, Sec. 101(2), substituted
"subchapter" for "chapter".
Subsec. (f)(1). Pub. L. 89-272, Sec. 102(b), designated existing
provisions as cl. (A) and added cl. (B).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
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.
UNITED STATES-CANADIAN NEGOTIATIONS ON AIR QUALITY
Pub. L. 95-426, title VI, Sec. 612, Oct. 7, 1978, 92 Stat. 990,
provided that:
"(a) The Congress finds that -
"(1) the United States and Canada share a common environment
along a 5,500 mile border;
"(2) the United States and Canada are both becoming
increasingly concerned about the effects of pollution,
particularly that resulting from power generation facilities,
since the facilities of each country affect the environment of
the other;
"(3) the United States and Canada have subscribed to
international conventions; have joined in the environmental work
of the United Nations, the Organization for Economic Cooperation
and Development, and other international environmental forums;
and have entered into and implemented effectively the provisions
of the historic Boundary Waters Treaty of 1909; and
"(4) the United States and Canada have a tradition of
cooperative resolution of issues of mutual concern which is
nowhere more evident than in the environmental area.
"(b) It is the sense of the Congress that the President should
make every effort to negotiate a cooperative agreement with the
Government of Canada aimed at preserving the mutual airshed of the
United States and Canada so as to protect and enhance air resources
and insure the attainment and maintenance of air quality protective
of public health and welfare.
"(c) It is further the sense of the Congress that the President,
through the Secretary of State working in concert with interested
Federal agencies and the affected States, should take whatever
diplomatic actions appear necessary to reduce or eliminate any
undesirable impact upon the United States and Canada resulting from
air pollution from any source."
-End-
-CITE-
42 USC Sec. 7416 01/08/2008
-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. 7416. Retention of State authority
-STATUTE-
Except as otherwise provided in sections 1857c-10(c), (e), and
(f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and
7573 of this title (preempting certain State regulation of moving
sources) nothing in this chapter shall preclude or deny the right
of any State or political subdivision thereof to adopt or enforce
(1) any standard or limitation respecting emissions of air
pollutants or (2) any requirement respecting control or abatement
of air pollution; except that if an emission standard or limitation
is in effect under an applicable implementation plan or under
section 7411 or section 7412 of this title, such State or political
subdivision may not adopt or enforce any emission standard or
limitation which is less stringent than the standard or limitation
under such plan or section.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 116, formerly Sec. 109, as
added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 497;
renumbered Sec. 116 and amended Pub. L. 91-604, Sec. 4(a), (c),
Dec. 31, 1970, 84 Stat. 1678, 1689; Pub. L. 93-319, Sec. 6(b), June
22, 1974, 88 Stat. 259; Pub. L. 95-190, Sec. 14(a)(24), Nov. 16,
1977, 91 Stat. 1400.)
-REFTEXT-
REFERENCES IN TEXT
1857c-10(c), (e), and (f) (as in effect before August 7, 1977),
referred to in text, was in the original "119(c), (e), and (f) (as
in effect before the date of the enactment of the Clean Air Act
Amendments of 1977)" meaning section 119 of act July 14, 1955, ch.
360, title I, as added June 22, 1974, Pub. L. 93-319, Sec. 3, 88
Stat. 248, (which was classified to section 1857c-10 of this title)
as in effect prior to the enactment of Pub. L. 95-95, Aug. 7, 1977,
91 Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of Pub. L.
95-95 repealed section 119 of act July 14, 1955, ch. 360, title I,
as added by Pub. L. 93-319, and provided that all references to
such section 119 in any subsequent enactment which supersedes Pub.
L. 93-319 shall be construed to refer to section 113(d) of the
Clean Air Act and to paragraph (5) thereof in particular which is
classified to subsec. (d)(5) of section 7413 of this title. Section
7413 of this title was subsequently amended generally by Pub. L.
101-549, title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and,
as so amended, no longer relates to final compliance orders.
Section 117(b) of Pub. L. 95-95 added a new section 119 of act July
14, 1955, which is classified to section 7419 of this title.
-COD-
CODIFICATION
Section was formerly classified to section 1857d-1 of this title.
-MISC1-
AMENDMENTS
1977 - Pub. L. 95-190 inserted reference to specified provisions
in effect before Aug. 7, 1977.
1974 - Pub. L. 93-319 inserted reference to section 1857c-10(c),
(e), and (f).
1970 - Pub. L. 91-604, Sec. 4(c), substituted provisions which
authorized any State or political subdivision thereof to adopt or
enforce, except as otherwise provided, emission standards or
limitations under the specified conditions, or any requirement
respecting control or abatement of air pollution, for provisions
which authorized any State, political subdivision, or
intermunicipal or interstate agency to adopt standards and plans to
achieve a higher level of air quality than approved by the
Secretary.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-End-
-CITE-
42 USC Sec. 7417 01/08/2008
-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. 7417. Advisory committees
-STATUTE-
(a) Establishment; membership
In order to obtain assistance in the development and
implementation of the purposes of this chapter including air
quality criteria, recommended control techniques, standards,
research and development, and to encourage the continued efforts on
the part of industry to improve air quality and to develop
economically feasible methods for the control and abatement of air
pollution, the Administrator shall from time to time establish
advisory committees. Committee members shall include, but not be
limited to, persons who are knowledgeable concerning air quality
from the standpoint of health, welfare, economics or technology.
(b) Compensation
The members of any other advisory committees appointed pursuant
to this chapter who are not officers or employees of the United
States while attending conferences or meetings or while otherwise
serving at the request of the Administrator, shall be entitled to
receive compensation at a rate to be fixed by the Administrator,
but not exceeding $100 per diem, including traveltime, and while
away from their homes or regular places of business they may be
allowed travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5 for persons in the
Government service employed intermittently.
(c) (!1) Consultations by Administrator
Prior to -
(1) issuing criteria for an air pollutant under section
7408(a)(2) of this title,
(2) publishing any list under section 7411(b)(1)(A) or section
7412(b)(1)(A) (!2) of this title,
(3) publishing any standard under section 7411 or section 7412
of this title, or
(4) publishing any regulation under section 7521(a) of this
title,
the Administrator shall, to the maximum extent practicable within
the time provided, consult with appropriate advisory committees,
independence experts, and Federal departments and agencies.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 117 formerly Sec. 6, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 399;
renumbered Sec. 106, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20,
1965, 79 Stat. 992; renumbered Sec. 110 and amended Pub. L. 90-148,
Sec. 2, Nov. 21, 1967, 81 Stat. 498; renumbered Sec. 117 and
amended Pub. L. 91-604, Secs. 4(a), (d), 15(c)(2), Dec. 31, 1970,
84 Stat. 1678, 1689, 1713; Pub. L. 95-95, title I, Sec. 115, Aug.
7, 1977, 91 Stat. 711; Pub. L. 95-623, Sec. 13(c), Nov. 9, 1978, 92
Stat. 3458.)
-REFTEXT-
REFERENCES IN TEXT
Section 7412(b)(1), referred to in subsec. (c)(2), was amended
generally by Pub. L. 101-549, title III, Sec. 301, Nov. 15, 1990,
104 Stat. 2531, and, as so amended, no longer contains a subpar.
(A).
-COD-
CODIFICATION
Subsec. (c) was originally enacted as subsec. (f) but has been
redesignated (c) for purposes of codification in view of the
failure of Pub. L. 95-95 to redesignate subsec. (f) as (c) after
repealing former subsecs. (a) and (b) and redesignating former
subsecs. (d) and (e) as (a) and (b).
Section was formerly classified to section 1857e of this title.
-MISC1-
AMENDMENTS
1978 - Subsec. (c)(3). Pub. L. 95-623 substituted "7411" for
"7411(b)(1)(B)" and "7412" for "7412(b)(1)(B)".
1977 - Subsec. (a). Pub. L. 95-95, Sec. 115(1), (2), redesignated
subsec. (d) as (a). Former subsec. (a), establishing an Air Quality
Advisory Board in the Environmental Protection Agency, was struck
out.
Subsec. (b). Pub. L. 95-95, Sec. 115(1)-(3), redesignated subsec.
(e) as (b) and substituted "The members of any other advisory
committees" for "The members of the Board and other advisory
committees" and "conferences or meetings or while otherwise
serving" for "conferences or meetings of the Board or while
otherwise serving". Former subsec. (b), setting out the duties of
the Air Quality Advisory Board, was struck out.
Subsecs. (c) to (e). Pub. L. 95-95, Sec. 115(1), (2), struck out
subsec. (c) which related to clerical and technical assistance for
the Air Quality Advisory Board, and redesignated subsecs. (d) and
(e) as (a) and (b), respectively.
1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Environmental Protection Agency" for "Department of Health,
Education, and Welfare" and "Administrator" for "Secretary".
Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (c). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Environmental Protection Agency" for "Department of Health,
Education, and Welfare".
Subsecs. (d), (e). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (f). Pub. L. 91-604, Sec. 4(d), added subsec. (f).
1967 - Subsec. (a). Pub. L. 90-148 substituted provisions
establishing in the Department of Health, Education, and Welfare an
Air Quality Advisory Board and providing for the appointment and
term of its members for provisions directing the Secretary to
maintain liaison with manufacturers looking toward development of
devices and fuels to reduce pollutants in automotive exhaust and to
appoint a technical committee and call it together from time to
time to evaluate progress and develop and recommend research
programs.
Subsec. (b). Pub. L. 90-148 substituted provision setting out the
duties of the Air Quality Advisory Board for provisions requiring
the Secretary to make semi-annual reports to Congress on measures
being taken toward the resolution of vehicle exhaust pollution
problems.
Subsecs. (c) to (e). Pub. L. 90-148 added subsecs. (c) to (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.
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. 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 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.
-FOOTNOTE-
(!1) See Codification note below.
(!2) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7418 01/08/2008
-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. 7418. Control of pollution from Federal facilities
-STATUTE-
(a) General compliance
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in the discharge of
air pollutants, and each officer, agent, or employee thereof, shall
be subject to, and comply with, all Federal, State, interstate, and
local requirements, administrative authority, and process and
sanctions respecting the control and abatement of air pollution in
the same manner, and to the same extent as any nongovernmental
entity. The preceding sentence shall apply (A) to any requirement
whether substantive or procedural (including any recordkeeping or
reporting requirement, any requirement respecting permits and any
other requirement whatsoever), (B) to any requirement to pay a fee
or charge imposed by any State or local agency to defray the costs
of its air pollution regulatory program, (C) to the exercise of any
Federal, State, or local administrative authority, and (D) to any
process and sanction, whether enforced in Federal, State, or local
courts, or in any other manner. This subsection shall apply
notwithstanding any immunity of such agencies, officers, agents, or
employees under any law or rule of law. No officer, agent, or
employee of the United States shall be personally liable for any
civil penalty for which he is not otherwise liable.
(b) Exemption
The President may exempt any emission source of any department,
agency, or instrumentality in the executive branch from compliance
with such a requirement if he determines it to be in the paramount
interest of the United States to do so, except that no exemption
may be granted from section 7411 of this title, and an exemption
from section 7412 of this title may be granted only in accordance
with section 7412(i)(4) of this title. No such exemption shall be
granted due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be for
a period not in excess of one year, but additional exemptions may
be granted for periods of not to exceed one year upon the
President's making a new determination. In addition to any such
exemption of a particular emission source, the President may, if he
determines it to be in the paramount interest of the United States
to do so, issue regulations exempting from compliance with the
requirements of this section any weaponry, equipment, aircraft,
vehicles, or other classes or categories of property which are
owned or operated by the Armed Forces of the United States
(including the Coast Guard) or by the National Guard of any State
and which are uniquely military in nature. The President shall
reconsider the need for such regulations at three-year intervals.
The President shall report each January to the Congress all
exemptions from the requirements of this section granted during the
preceding calendar year, together with his reason for granting each
such exemption.
(c) Government vehicles
Each department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government shall
comply with all applicable provisions of a valid inspection and
maintenance program established under the provisions of subpart 2
of part D of this subchapter or subpart 3 of part D of this
subchapter except for such vehicles that are considered military
tactical vehicles.
(d) Vehicles operated on Federal installations
Each department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government having
jurisdiction over any property or facility shall require all
employees which operate motor vehicles on the property or facility
to furnish proof of compliance with the applicable requirements of
any vehicle inspection and maintenance program established under
the provisions of subpart 2 of part D of this subchapter or subpart
3 of part D of this subchapter for the State in which such property
or facility is located (without regard to whether such vehicles are
registered in the State). The installation shall use one of the
following methods to establish proof of compliance -
(1) presentation by the vehicle owner of a valid certificate of
compliance from the vehicle inspection and maintenance program;
(2) presentation by the vehicle owner of proof of vehicle
registration within the geographic area covered by the vehicle
inspection and maintenance program (except for any program whose
enforcement mechanism is not through the denial of vehicle
registration);
(3) another method approved by the vehicle inspection and
maintenance program administrator.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 118, formerly, Sec. 7, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 399;
renumbered Sec. 107, Pub. L. 89-272, title I, Sec. 101(3), Oct. 20,
1965, 79 Stat. 992; renumbered Sec. 111 and amended Pub. L. 90-148,
Sec. 2, Nov. 21, 1967, 81 Stat. 499; renumbered Sec. 118 and
amended Pub. L. 91-604, Secs. 4(a), 5, Dec. 31, 1970, 84 Stat.
1678, 1689; Pub. L. 95-95, title I, Sec. 116, Aug. 7, 1977, 91
Stat. 711; Pub. L. 101-549, title I, Sec. 101(e), title II, Sec.
235, title III, Sec. 302(d), Nov. 15, 1990, 104 Stat. 2409, 2530,
2574.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f of this title.
-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, Sec. 235, inserted heading.
Pub. L. 101-549, Sec. 101(e), amended second sentence generally.
Prior to amendment, second sentence read as follows: "The preceding
sentence shall apply (A) to any requirement whether substantive or
procedural (including any recordkeeping or reporting requirement,
any requirement respecting permits and any other requirement
whatsoever), (B) to the exercise of any Federal, State, or local
administrative authority, and (C) to any process and sanction,
whether enforced in Federal, State, or local courts or in any other
manner."
Subsec. (b). Pub. L. 101-549, Sec. 302(d), substituted "section
7412(i)(4) of this title" for "section 7412(c) of this title".
Subsecs. (c), (d). Pub. L. 101-549, Sec. 235, added subsecs. (c)
and (d).
1977 - Subsec. (a). Pub. L. 95-95, Sec. 116(a), designated
existing first sentence as subsec. (a) and inserted provisions
enumerating the legal and administrative areas to which the
compliance requirements apply and directing that agencies,
officers, agents, and employees not be immune and that officers,
agents, or employees of the United States not be personally liable
for civil penalties for which they are not otherwise liable.
Subsec. (b). Pub. L. 95-95, Sec. 116(b), designated second and
following existing sentences as subsec. (b) and inserted provisions
authorizing the President to exempt weaponry, equipment, aircraft,
vehicles, and other classes and categories of property of the Armed
Forces and the National Guard from compliance but to reconsider the
need for such an exemption at three-year intervals.
1970 - Pub. L. 91-604, Sec. 5, struck out lettered designations
(a) and (b), and, as so redesignated, substituted provisions
requiring Federal facilities to comply with Federal, State, local,
and interstate air pollution control and abatement requirements and
provisions authorizing the President to exempt, under the specified
terms and conditions, any emission source of any department, etc.,
in the executive branch from compliance with control and abatement
requirements, for provisions requiring, to the extent practicable
and consistent with the interests of the United States and within
any available appropriations, Federal facilities to cooperate with
the Department of Health, Education, and Welfare and with any air
pollution control agency to prevent and control air pollution and
provisions authorizing the Secretary to establish classes of
potential pollution sources for which any Federal department or
agency having jurisdiction over any facility was required to obtain
a permit, under the specified terms and conditions, for the
discharge of any matter into the air of the United States.
1967 - Pub. L. 90-148 reenacted section without change.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(b) of this section relating to annual reports to Congress, 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 12th item on
page 20 of House Document No. 103-7.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC2-
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.
-EXEC-
EXECUTIVE ORDER NO. 11282
Ex. Ord. No. 11282, May 26, 1966, 31 F.R. 7663, which provided
for the prevention, control, and abatement of air pollution from
Federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4,
1970, 35 F.R. 2573.
EXECUTIVE ORDER NO. 11507
Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, which provided
for the 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.
-End-
-CITE-
42 USC Sec. 7419 01/08/2008
-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. 7419. Primary nonferrous smelter orders
-STATUTE-
(a) Issuance; hearing; enforcement orders; statement of grounds for
application; findings
(1) Upon application by the owner or operator of a primary
nonferrous smelter, a primary nonferrous smelter order under
subsection (b) of this section may be issued -
(A) by the Administrator, after thirty days' notice to the
State, or
(B) by the State in which such source is located, but no such
order issued by the State shall take effect until the
Administrator determines that such order has been issued in
accordance with the requirements of this chapter.
Not later than ninety days after submission by the State to the
Administrator of notice of the issuance of a primary nonferrous
smelter order under this section, the Administrator shall determine
whether or not such order has been issued by the State in
accordance with the requirements of this chapter. If the
Administrator determines that such order has not been issued in
accordance with such requirements, he shall conduct a hearing
respecting the reasonably available control technology for primary
nonferrous smelters.
(2)(A) An order issued under this section to a primary nonferrous
smelter shall be referred to as a "primary nonferrous smelter
order". No primary nonferrous smelter may receive both an
enforcement order under section 7413(d) (!1) of this title and a
primary nonferrous smelter order under this section.
(B) Before any hearing conducted under this section, in the case
of an application made by the owner or operator of a primary
nonferrous smelter for a second order under this section, the
applicant shall furnish the Administrator (or the State as the case
may be) with a statement of the grounds on which such application
is based (including all supporting documents and information). The
statement of the grounds for the proposed order shall be provided
by the Administrator or the State in any case in which such State
or Administrator is acting on its own initiative. Such statement
(including such documents and information) shall be made available
to the public for a thirty-day period before such hearing and shall
be considered as part of such hearing. No primary nonferrous
smelter order may be granted unless the applicant establishes that
he meets the conditions required for the issuance of such order (or
the Administrator or State establishes the meeting of such
conditions when acting on their own initiative).
(C) Any decision with respect to the issuance of a primary
nonferrous smelter order shall be accompanied by a concise
statement of the findings and of the basis of such findings.
(3) For the purposes of sections 7410, 7604, and 7607 of this
title, any order issued by the State and in effect pursuant to this
subsection shall become part of the applicable implementation plan.
(b) Prerequisites to issuance of orders
A primary nonferrous smelter order under this section may be
issued to a primary nonferrous smelter if -
(1) such smelter is in existence on August 7, 1977;
(2) the requirement of the applicable implementation plan with
respect to which the order is issued is an emission limitation or
standard for sulfur oxides which is necessary and intended to be
itself sufficient to enable attainment and maintenance of
national primary and secondary ambient air quality standards for
sulfur oxides; and
(3) such smelter is unable to comply with such requirement by
the applicable date for compliance because no means of emission
limitation applicable to such smelter which will enable it to
achieve compliance with such requirement has been adequately
demonstrated to be reasonably available (as determined by the
Administrator, taking into account the cost of compliance, non-
air quality health and environmental impact, and energy
consideration).
(c) Second orders
(1) A second order issued to a smelter under this section shall
set forth compliance schedules containing increments of progress
which require compliance with the requirement postponed as
expeditiously as practicable. The increments of progress shall be
limited to requiring compliance with subsection (d) of this section
and, in the case of a second order, to procuring, installing, and
operating the necessary means of emission limitation as
expeditiously as practicable after the Administrator determines
such means have been adequately demonstrated to be reasonably
available within the meaning of subsection (b)(3) of this section.
(2) Not in excess of two primary nonferrous smelter orders may be
issued under this section to any primary nonferrous smelter. The
first such order issued to a smelter shall not result in the
postponement of the requirement with respect to which such order is
issued beyond January 1, 1983. The second such order shall not
result in the postponement of such requirement beyond January 1,
1988.
(d) Interim measures; continuous emission reduction technology
(1)(A) Each primary nonferrous smelter to which an order is
issued under this section shall be required to use such interim
measures for the period during which such order is in effect as may
be necessary in the judgment of the Administrator to assure
attainment and maintenance of the national primary and secondary
ambient air quality standards during such period, taking into
account the aggregate effect on air quality of such order together
with all variances, extensions, waivers, enforcement orders,
delayed compliance orders and primary nonferrous smelter orders
previously issued under this chapter.
(B) Such interim requirements shall include -
(i) a requirement that the source to which the order applies
comply with such reporting requirements and conduct such
monitoring as the Administrator determines may be necessary, and
(ii) such measures as the Administrator determines are
necessary to avoid an imminent and substantial endangerment to
health of persons.
(C) Such interim measures shall also, except as provided in
paragraph (2), include continuous emission reduction technology.
The Administrator shall condition the use of any such interim
measures upon the agreement of the owner or operator of the smelter
-
(i) to comply with such conditions as the Administrator
determines are necessary to maximize the reliability and
enforceability of such interim measures, as applied to the
smelter, in attaining and maintaining the national ambient air
quality standards to which the order relates, and
(ii) to commit reasonable resources to research and development
of appropriate emission control technology.
(2) The requirement of paragraph (1) for the use of continuous
emission reduction technology may be waived with respect to a
particular smelter by the State or the Administrator, after notice
and a hearing on the record, and upon a showing by the owner or
operator of the smelter that such requirement would be so costly as
to necessitate permanent or prolonged temporary cessation of
operations of the smelter. Upon application for such waiver, the
Administrator shall be notified and shall, within ninety days, hold
a hearing on the record in accordance with section 554 of title 5.
At such hearing the Administrator shall require the smelter
involved to present information relating to any alleged cessation
of operations and the detailed reasons or justifications therefor.
On the basis of such hearing the Administrator shall make findings
of fact as to the effect of such requirement and on the alleged
cessation of operations and shall make such recommendations as he
deems appropriate. Such report, findings, and recommendations shall
be available to the public, and shall be taken into account by the
State or the Administrator in making the decision whether or not to
grant such waiver.
(3) In order to obtain information for purposes of a waiver under
paragraph (2), the Administrator may, on his own motion, conduct an
investigation and use the authority of section 7621 of this title.
(4) In the case of any smelter which on August 7, 1977, uses
continuous emission reduction technology and supplemental controls
and which receives an initial primary nonferrous smelter order
under this section, no additional continuous emission reduction
technology shall be required as a condition of such order unless
the Administrator determines, at any time, after notice and public
hearing, that such additional continuous emission reduction
technology is adequately demonstrated to be reasonably available
for the primary nonferrous smelter industry.
(e) Termination of orders
At any time during which an order under this section applies, the
Administrator may enter upon a public hearing respecting the
availability of technology. Any order under this section shall be
terminated if the Administrator determines on the record, after
notice and public hearing, that the conditions upon which the order
was based no longer exist. If the owner or operator of the smelter
to which the order is issued demonstrates that prompt termination
of such order would result in undue hardship, the termination shall
become effective at the earliest practicable date on which such
undue hardship would not result, but in no event later than the
date required under subsection (c) of this section.
(f) Violation of requirements
If the Administrator determines that a smelter to which an order
is issued under this section is in violation of any requirement of
subsection (c) or (d) of this section, he shall -
(1) enforce such requirement under section 7413 of this title,
(2) (after notice and opportunity for public hearing) revoke
such order and enforce compliance with the requirement with
respect to which such order was granted,
(3) give notice of noncompliance and commence action under
section 7420 of this title, or
(4) take any appropriate combination of such actions.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 119, as added Pub. L. 95-95,
title I, Sec. 117(b), Aug. 7, 1977, 91 Stat. 712; amended Pub. L.
95-190, Sec. 14(a)(25)-(27), Nov. 16, 1977, 91 Stat. 1401.)
-REFTEXT-
REFERENCES IN TEXT
Section 7413(d) of this title, referred to in subsec. (a)(2)(A),
was amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov.
15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to
final compliance orders.
-MISC1-
PRIOR PROVISIONS
A prior 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, was
classified to section 1857c-10 of this title and provided for the
authority to deal with energy shortages, prior to repeal by Pub. L.
95-95, title I, Sec. 112(b)(1), Aug. 7, 1977, 91 Stat. 709, which
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.
AMENDMENTS
1977 - Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(25), added par.
(3).
Subsec. (d)(3). Pub. L. 95-190, Sec. 14(a)(26), substituted
"7621" for "7619".
Subsec. (e). Pub. L. 95-190, Sec. 14(a)(27), substituted "an
order under this section" for "such order".
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
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.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7420 01/08/2008
-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. 7420. Noncompliance penalty
-STATUTE-
(a) Assessment and collection
(1)(A) Not later than 6 months after August 7, 1977, and after
notice and opportunity for a public hearing, the Administrator
shall promulgate regulations requiring the assessment and
collection of a noncompliance penalty against persons referred to
in paragraph (2)(A).
(B)(i) Each State may develop and submit to the Administrator a
plan for carrying out this section in such State. If the
Administrator finds that the State plan meets the requirements of
this section, he may delegate to such State any authority he has to
carry out this section.
(ii) Notwithstanding a delegation to a State under clause (i),
the Administrator may carry out this section in such State under
the circumstances described in subsection (b)(2)(B) of this
section.
(2)(A) Except as provided in subparagraph (B) or (C) of this
paragraph, the State or the Administrator shall assess and collect
a noncompliance penalty against every person who owns or operates -
(i) a major stationary source (other than a primary nonferrous
smelter which has received a primary nonferrous smelter order
under section 7419 of this title), which is not in compliance
with any emission limitation, emission standard or compliance
schedule under any applicable implementation plan (whether or not
such source is subject to a Federal or State consent decree), or
(ii) a stationary source which is not in compliance with an
emission limitation, emission standard, standard of performance,
or other requirement established under section 7411, 7477, 7603,
or 7412 of this title, or
(iii) a stationary source which is not in compliance with any
requirement of subchapter IV-A, V, or VI of this chapter, or
(iv) any source referred to in clause (i), (ii), or (iii) (for
which an extension, order, or suspension referred to in
subparagraph (B), or Federal or State consent decree is in
effect), or a primary nonferrous smelter which has received a
primary nonferrous smelter order under section 7419 of this title
which is not in compliance with any interim emission control
requirement or schedule of compliance under such extension,
order, suspension, or consent decree.
For purposes of subsection (d)(2) of this section, in the case of a
penalty assessed with respect to a source referred to in clause
(iii) of this subparagraph, the costs referred to in such
subsection (d)(2) shall be the economic value of noncompliance with
the interim emission control requirement or the remaining steps in
the schedule of compliance referred to in such clause.
(B) Notwithstanding the requirements of subparagraph (A)(i) and
(ii), the owner or operator of any source shall be exempted from
the duty to pay a noncompliance penalty under such requirements
with respect to that source if, in accordance with the procedures
in subsection (b)(5) of this section, the owner or operator
demonstrates that the failure of such source to comply with any
such requirement is due solely to -
(i) a conversion by such source from the burning of petroleum
products or natural gas, or both, as the permanent primary energy
source to the burning of coal pursuant to an order under section
7413(d)(5) (!1) of this title or section 1857c-10 (!1) of this
title (as in effect before August 7, 1977);
(ii) in the case of a coal-burning source granted an extension
under the second sentence of section 1857c-10(c)(1) (!1) of this
title (as in effect before August 7, 1977), a prohibition from
using petroleum products or natural gas or both, by reason of an
order under the provisions of section 792(a) and (b) of title 15
or under any legislation which amends or supersedes such
provisions;
(iii) the use of innovative technology sanctioned by an
enforcement order under section 7413(d)(4) (!1) of this title;
(iv) an inability to comply with any such requirement, for
which inability the source has received an order under section
7413(d) (!1) of this title (or an order under section 7413 of
this title issued before August 7, 1977) which has the effect of
permitting a delay or violation of any requirement of this
chapter (including a requirement of an applicable implementation
plan) which inability results from reasons entirely beyond the
control of the owner or operator of such source or of any entity
controlling, controlled by, or under common control with the
owner or operator of such source; or
(v) the conditions by reason of which a temporary emergency
suspension is authorized under section 7410(f) or (g) of this
title.
An exemption under this subparagraph shall cease to be effective if
the source fails to comply with the interim emission control
requirements or schedules of compliance (including increments of
progress) under any such extension, order, or suspension.
(C) The Administrator may, after notice and opportunity for
public hearing, exempt any source from the requirements of this
section with respect to a particular instance of noncompliance if
he finds that such instance of noncompliance is de minimis in
nature and in duration.
(b) Regulations
Regulations under subsection (a) of this section shall -
(1) permit the assessment and collection of such penalty by the
State if the State has a delegation of authority in effect under
subsection (a)(1)(B)(i) of this section;
(2) provide for the assessment and collection of such penalty
by the Administrator, if -
(A) the State does not have a delegation of authority in
effect under subsection (a)(1)(B)(i) of this section, or
(B) the State has such a delegation in effect but fails with
respect to any particular person or source to assess or collect
the penalty in accordance with the requirements of this
section;
(3) require the States, or in the event the States fail to do
so, the Administrator, to give a brief but reasonably specific
notice of noncompliance under this section to each person
referred to in subsection (a)(2)(A) of this section with respect
to each source owned or operated by such person which is not in
compliance as provided in such subsection, not later than July 1,
1979, or thirty days after the discovery of such noncompliance,
whichever is later;
(4) require each person to whom notice is given under paragraph
(3) to -
(A) calculate the amount of the penalty owed (determined in
accordance with subsection (d)(2) of this section) and the
schedule of payments (determined in accordance with subsection
(d)(3) of this section) for each such source and, within forty-
five days after the issuance of such notice or after the
denial of a petition under subparagraph (B), to submit that
calculation and proposed schedule, together with the
information necessary for an independent verification thereof,
to the State and to the Administrator, or
(B) submit a petition, within forty-five days after the
issuance of such notice, challenging such notice of
noncompliance or alleging entitlement to an exemption under
subsection (a)(2)(B) of this section with respect to a
particular source;
(5) require the Administrator to provide a hearing on the
record (within the meaning of subchapter II of chapter 5 of title
5) and to make a decision on such petition (including findings of
fact and conclusions of law) not later than ninety days after the
receipt of any petition under paragraph (4)(B), unless the State
agrees to provide a hearing which is substantially similar to
such a hearing on the record and to make a decision on such
petition (including such findings and conclusions) within such
ninety-day period;
(6)(A) authorize the Administrator on his own initiative to
review the decision of the State under paragraph (5) and
disapprove it if it is not in accordance with the requirements of
this section, and (B) require the Administrator to do so not
later than sixty days after receipt of a petition under this
subparagraph, notice, and public hearing and a showing by such
petitioner that the State decision under paragraph (5) is not in
accordance with the requirements of this section;
(7) require payment, in accordance with subsection (d) of this
section, of the penalty by each person to whom notice of
noncompliance is given under paragraph (3) with respect to each
noncomplying source for which such notice is given unless there
has been a final determination granting a petition under
paragraph (4)(B) with respect to such source;
(8) authorize the State or the Administrator to adjust (and
from time to time to readjust) the amount of the penalty
assessment calculated or the payment schedule proposed by such
owner or operator under paragraph (4), if the Administrator finds
after notice and opportunity for a hearing on the record that the
penalty or schedule does not meet the requirements of this
section; and
(9) require a final adjustment of the penalty within 180 days
after such source comes into compliance in accordance with
subsection (d)(4) of this section.
In any case in which the State establishes a noncompliance penalty
under this section, the State shall provide notice thereof to the
Administrator. A noncompliance penalty established by a State under
this section shall apply unless the Administrator, within ninety
days after the date of receipt of notice of the State penalty
assessment under this section, objects in writing to the amount of
the penalty as less than would be required to comply with
guidelines established by the Administrator. If the Administrator
objects, he shall immediately establish a substitute noncompliance
penalty applicable to such source.
(c) Contract to assist in determining amount of penalty assessment
or payment schedule
If the owner or operator of any stationary source to whom a
notice is issued under subsection (b)(3) of this section -
(1) does not submit a timely petition under subsection
(b)(4)(B) of this section, or
(2) submits a petition under subsection (b)(4)(B) of this
section which is denied, and
fails to submit a calculation of the penalty assessment, a schedule
for payment, and the information necessary for independent
verification thereof, the State (or the Administrator, as the case
may be) may enter into a contract with any person who has no
financial interest in the owner or operator of the source (or in
any person controlling, controlled by or under common control with
such source) to assist in determining the amount of the penalty
assessment or payment schedule with respect to such source. The
cost of carrying out such contract may be added to the penalty to
be assessed against the owner or operator of such source.
(d) Payment
(1) All penalties assessed by the Administrator under this
section shall be paid to the United States Treasury. All penalties
assessed by the State under this section shall be paid to such
State.
(2) The amount of the penalty which shall be assessed and
collected with respect to any source under this section shall be
equal to -
(A) the amount determined in accordance with regulations
promulgated by the Administrator under subsection (a) of this
section, which is no less than the economic value which a delay
in compliance beyond July 1, 1979, may have for the owner of such
source, including the quarterly equivalent of the capital costs
of compliance and debt service over a normal amortization period,
not to exceed ten years, operation and maintenance costs foregone
as a result of noncompliance, and any additional economic value
which such a delay may have for the owner or operator of such
source, minus
(B) the amount of any expenditure made by the owner or operator
of that source during any such quarter for the purpose of
bringing that source into, and maintaining compliance with, such
requirement, to the extent that such expenditures have not been
taken into account in the calculation of the penalty under
subparagraph (A).
To the extent that any expenditure under subparagraph (B) made
during any quarter is not subtracted for such quarter from the
costs under subparagraph (A), such expenditure may be subtracted
for any subsequent quarter from such costs. In no event shall the
amount paid be less than the quarterly payment minus the amount
attributed to actual cost of construction.
(3)(A) The assessed penalty required under this section shall be
paid in quarterly installments for the period of covered
noncompliance. All quarterly payments (determined without regard to
any adjustment or any subtraction under paragraph (2)(B)) after the
first payment shall be equal.
(B) The first payment shall be due on the date six months after
the date of issuance of the notice of noncompliance under
subsection (b)(3) of this section with respect to any source or on
January 1, 1980, whichever is later. Such first payment shall be in
the amount of the quarterly installment for the upcoming quarter,
plus the amount owed for any preceding period within the period of
covered noncompliance for such source.
(C) For the purpose of this section, the term "period of covered
noncompliance" means the period which begins -
(i) two years after August 7, 1977, in the case of a source for
which notice of noncompliance under subsection (b)(3) of this
section is issued on or before the date two years after August 7,
1977, or
(ii) on the date of issuance of the notice of noncompliance
under subsection (b)(3) of this section, in the case of a source
for which such notice is issued after July 1, 1979,
and ending on the date on which such source comes into (or for the
purpose of establishing the schedule of payments, is estimated to
come into) compliance with such requirement.
(4) Upon making a determination that a source with respect to
which a penalty has been paid under this section is in compliance
and is maintaining compliance with the applicable requirement, the
State (or the Administrator as the case may be) shall review the
actual expenditures made by the owner or operator of such source
for the purpose of attaining and maintaining compliance, and shall
within 180 days after such source comes into compliance -
(A) provide reimbursement with interest (to be paid by the
State or Secretary of the Treasury, as the case may be) at
appropriate prevailing rates (as determined by the Secretary of
the Treasury) for any overpayment by such person, or
(B) assess and collect an additional payment with interest at
appropriate prevailing rates (as determined by the Secretary of
the Treasury) for any underpayment by such person.
(5) Any person who fails to pay the amount of any penalty with
respect to any source under this section on a timely basis shall be
required to pay in addition a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. Such nonpayment
penalty shall be in an amount equal to 20 percent of the aggregate
amount of such person's penalties and nonpayment penalties with
respect to such source which are unpaid as of the beginning of such
quarter.
(e) Judicial review
Any action pursuant to this section, including any objection of
the Administrator under the last sentence of subsection (b) of this
section, shall be considered a final action for purposes of
judicial review of any penalty under section 7607 of this title.
(f) Other orders, payments, sanctions, or requirements
Any orders, payments, sanctions, or other requirements under this
section shall be in addition to any other permits, orders,
payments, sanctions, or other requirements established under this
chapter, and shall in no way affect any civil or criminal
enforcement proceedings brought under any provision of this chapter
or State or local law.
(g) More stringent emission limitations or other requirements
In the case of any emission limitation or other requirement
approved or promulgated by the Administrator under this chapter
after August 7, 1977, which is more stringent than the emission
limitation or requirement for the source in effect prior to such
approval or promulgation, if any, or where there was no emission
limitation or requirement approved or promulgated before August 7,
1977, the date for imposition of the non-compliance penalty under
this section, shall be either July 1, 1979, or the date on which
the source is required to be in full compliance with such emission
limitation or requirement, whichever is later, but in no event
later than three years after the approval or promulgation of such
emission limitation or requirement.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 120, as added Pub. L. 95-95,
title I, Sec. 118, Aug. 7, 1977, 91 Stat. 714; amended Pub. L. 95-
190, Sec. 14(a)(28)-(38), Nov. 16, 1977, 91 Stat. 1401; Pub. L.
101-549, title VII, Sec. 710(a), Nov. 15, 1990, 104 Stat. 2684.)
-REFTEXT-
REFERENCES IN TEXT
Section 7413(d) of this title, referred to in subsec. (a)(2)(B),
was amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov.
15, 1990, 104 Stat. 2672, and, as so amended, no longer relates to
final compliance orders.
Section 1857c-10 of this title (as in effect before August 7,
1977), referred to in subsec. (a)(2)(B)(i), was in the original
"section 119 (as in effect before the date of the enactment of the
Clean Air Act Amendments of 1977)", meaning section 119 of act July
14, 1955, ch. 360, title I, as added June 22, 1974, Pub. L. 93-319,
Sec. 3, 88 Stat. 248, (which was classified to section 1857c-10 of
this title) as in effect prior to the enactment of Pub. L. 95-95,
Aug. 7, 1977, 91 Stat. 691, effective Aug. 7, 1977. Section
112(b)(1) of Pub. L. 95-95 repealed section 119 of act July 14,
1955, ch. 360, title I, as added by Pub. L. 93-319, and provided
that all references to such section 119 in any subsequent enactment
which supersedes Pub. L. 93-319 shall be construed to refer to
section 113(d) of the Clean Air Act and to paragraph (5) thereof in
particular which is classified to subsec. (d)(5) of section 7413 of
this title. Section 7413(d) of this title was subsequently amended
generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990,
104 Stat. 2672, and, as so amended, no longer relates to final
compliance orders. Section 117(b) of Pub. L. 95-95 added a new
section 119 of act July 14, 1955, which is classified to section
7419 of this title.
Section 1857c-10(c)(1) of this title (as in effect before August
7, 1977), referred to in subsec. (a)(2)(B)(ii), was in the original
"section 119(c)(1) (as in effect before the date of the enactment
of the Clean Air Act Amendments of 1977)." See paragraph set out
above for explanation of codification.
-MISC1-
AMENDMENTS
1990 - Subsec. (a)(2)(A). Pub. L. 101-549 inserted reference to
sections 7477 and 7603 of this title in cl. (ii), added cl. (iii),
and redesignated former cl. (iii) as (iv) and inserted reference to
cl. (iii).
1977 - Subsec. (a)(2)(A). Pub. L. 95-190, Sec. 14(a)(28), (29),
in cls. (i) and (iii) inserted provisions relating to consent
decrees wherever appearing.
Subsec. (a)(2)(B). Pub. L. 95-190, Sec. 14(a)(30), (31), in cl.
(i) inserted reference to section 7413(d)(5) of this title, and in
cls. (i) and (ii) inserted provision relating to orders in effect
under section 1857c-10 of this title before Aug. 7, 1977, wherever
appearing.
Subsec. (b). Pub. L. 95-190, Sec. 14(a)(34)-(36), in closing
provisions inserted provisions relating to notice to the
Administrator when a noncompliance penalty is established by a
State, and substituted references to noncompliance for references
to delayed compliance in two places, "source" for "facility", and
"receipt of notice of the State penalty assessment" for
"publication of the proposed penalty".
Subsec. (b)(2)(A). Pub. L. 95-190, Sec. 14(a)(33), substituted
"(a)(1)(B)(i)" for "(e)".
Subsec. (b)(8). Pub. L. 95-190, Sec. 14(a)(32), substituted "(4)"
for "(6)".
Subsec. (d)(2)(A). Pub. L. 95-190, Sec. 14(a)(37), inserted
provisions relating to inclusion of the economic value of a delay
in compliance, and substituted "such a delay" for "a delay in
compliance beyond July 1, 1979,".
Subsec. (e). Pub. L. 95-190, Sec. 14(a)(38), substituted
"subsection, shall" for "subsection shall".
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7421 01/08/2008
-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. 7421. Consultation
-STATUTE-
In carrying out the requirements of this chapter requiring
applicable implementation plans to contain -
(1) any transportation controls, air quality maintenance plan
requirements or preconstruction review of direct sources of air
pollution, or
(2) any measure referred to -
(A) in part D of this subchapter (pertaining to nonattainment
requirements), or
(B) in part C of this subchapter (pertaining to prevention of
significant deterioration),
and in carrying out the requirements of section 7413(d) (!1) of
this title (relating to certain enforcement orders), the State
shall provide a satisfactory process of consultation with general
purpose local governments, designated organizations of elected
officials of local governments and any Federal land manager having
authority over Federal land to which the State plan applies,
effective with respect to any such requirement which is adopted
more than one year after August 7, 1977, as part of such plan. Such
process shall be in accordance with regulations promulgated by the
Administrator to assure adequate consultation. The Administrator
shall update as necessary the original regulations required and
promulgated under this section (as in effect immediately before
November 15, 1990) to ensure adequate consultation. Only a general
purpose unit of local government, regional agency, or council of
governments adversely affected by action of the Administrator
approving any portion of a plan referred to in this subsection may
petition for judicial review of such action on the basis of a
violation of the requirements of this section.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 121, as added Pub. L. 95-95,
title I, Sec. 119, Aug. 7, 1977, 91 Stat. 719; amended Pub. L. 101-
549, title I, Sec. 108(h), Nov. 15, 1990, 104 Stat. 2467.)
-REFTEXT-
REFERENCES IN TEXT
Section 7413(d) of this title, referred to in text, was amended
generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 1990,
104 Stat. 2672, and, as so amended, no longer relates to final
compliance orders.
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 amended penultimate sentence generally.
Prior to amendment, penultimate sentence read as follows: "Such
regulations shall be promulgated after notice and opportunity for
public hearing and not later than 6 months after August 7, 1977."
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7422 01/08/2008
-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. 7422. Listing of certain unregulated pollutants
-STATUTE-
(a) Radioactive pollutants, cadmium, arsenic, and polycyclic
organic matter
Not later than one year after August 7, 1977 (two years for
radioactive pollutants) and after notice and opportunity for public
hearing, the Administrator shall review all available relevant
information and determine whether or not emissions of radioactive
pollutants (including source material, special nuclear material,
and byproduct material), cadmium, arsenic and polycyclic organic
matter into the ambient air will cause, or contribute to, air
pollution which may reasonably be anticipated to endanger public
health. If the Administrator makes an affirmative determination
with respect to any such substance, he shall simultaneously with
such determination include such substance in the list published
under section 7408(a)(1) or 7412(b)(1)(A) (!1) of this title (in
the case of a substance which, in the judgment of the
Administrator, causes, or contributes to, air pollution which may
reasonably be anticipated to result in an increase in mortality or
an increase in serious irreversible, or incapacitating reversible,
illness), or shall include each category of stationary sources
emitting such substance in significant amounts in the list
published under section 7411(b)(1)(A) of this title, or take any
combination of such actions.
(b) Revision authority
Nothing in subsection (a) of this section shall be construed to
affect the authority of the Administrator to revise any list
referred to in subsection (a) of this section with respect to any
substance (whether or not enumerated in subsection (a) of this
section).
(c) Consultation with Nuclear Regulatory Commission; interagency
agreement; notice and hearing
(1) Before listing any source material, special nuclear, (!2) or
byproduct material (or component or derivative thereof) as provided
in subsection (a) of this section, the Administrator shall consult
with the Nuclear Regulatory Commission.
(2) Not later than six months after listing any such material (or
component or derivative thereof) the Administrator and the Nuclear
Regulatory Commission shall enter into an interagency agreement
with respect to those sources or facilities which are under the
jurisdiction of the Commission. This agreement shall, to the
maximum extent practicable consistent with this chapter, minimize
duplication of effort and conserve administrative resources in the
establishment, implementation, and enforcement of emission
limitations, standards of performance, and other requirements and
authorities (substantive and procedural) under this chapter
respecting the emission of such material (or component or
derivative thereof) from such sources or facilities.
(3) In case of any standard or emission limitation promulgated by
the Administrator, under this chapter or by any State (or the
Administrator) under any applicable implementation plan under this
chapter, if the Nuclear Regulatory Commission determines, after
notice and opportunity for public hearing that the application of
such standard or limitation to a source or facility within the
jurisdiction of the Commission would endanger public health or
safety, such standard or limitation shall not apply to such
facilities or sources unless the President determines otherwise
within ninety days from the date of such finding.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 122, as added Pub. L. 95-95,
title I, Sec. 120(a), Aug. 7, 1977, 91 Stat. 720.)
-REFTEXT-
REFERENCES IN TEXT
Section 7412(b)(1), referred to in subsec. (a), was amended
generally by Pub. L. 101-549, title III, Sec. 301, Nov. 15, 1990,
104 Stat. 2531, and, as so amended, no longer contains a subpar.
(A).
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regulatory
Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
this title.
-MISC2-
STUDY BY ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AGENCY
Section 120(b) of Pub. L. 95-95 directed Administrator of
Environmental Protection Agency to conduct a study, in conjunction
with other appropriate agencies, concerning effect on public health
and welfare of sulfates, radioactive pollutants, cadmium, arsenic,
and polycyclic organic matter which are present or may reasonably
be anticipated to occur in the ambient air, such study to include a
thorough investigation of how sulfates are formed and how to
protect public health and welfare from the injurious effects, if
any, of sulfates, cadmium, arsenic, and polycyclic organic matter.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. The word "material" probably should precede
the comma.
-End-
-CITE-
42 USC Sec. 7423 01/08/2008
-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. 7423. Stack heights
-STATUTE-
(a) Heights in excess of good engineering practice; other
dispersion techniques
The degree of emission limitation required for control of any air
pollutant under an applicable implementation plan under this
subchapter shall not be affected in any manner by -
(1) so much of the stack height of any source as exceeds good
engineering practice (as determined under regulations promulgated
by the Administrator), or
(2) any other dispersion technique.
The preceding sentence shall not apply with respect to stack
heights in existence before December 31, 1970, or dispersion
techniques implemented before such date. In establishing an
emission limitation for coal-fired steam electric generating units
which are subject to the provisions of section 7418 of this title
and which commenced operation before July 1, 1957, the effect of
the entire stack height of stacks for which a construction contract
was awarded before February 8, 1974, may be taken into account.
(b) Dispersion technique
For the purpose of this section, the term "dispersion technique"
includes any intermittent or supplemental control of air pollutants
varying with atmospheric conditions.
(c) Regulations; good engineering practice
Not later than six months after August 7, 1977, the
Administrator, shall after notice and opportunity for public
hearing, promulgate regulations to carry out this section. For
purposes of this section, good engineering practice means, with
respect to stack heights, the height necessary to insure that
emissions from the stack do not result in excessive concentrations
of any air pollutant in the immediate vicinity of the source as a
result of atmospheric downwash, eddies and wakes which may be
created by the source itself, nearby structures or nearby terrain
obstacles (as determined by the Administrator). For purposes of
this section such height shall not exceed two and a half times the
height of such source unless the owner or operator of the source
demonstrates, after notice and opportunity for public hearing, to
the satisfaction of the Administrator, that a greater height is
necessary as provided under the preceding sentence. In no event may
the Administrator prohibit any increase in any stack height or
restrict in any manner the stack height of any source.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 123, as added Pub. L. 95-95,
title I, Sec. 121, Aug. 7, 1977, 91 Stat. 721.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7424 01/08/2008
-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. 7424. Assurance of adequacy of State plans
-STATUTE-
(a) State review of implementation plans which relate to major fuel
burning sources
As expeditiously as practicable but not later than one year after
August 7, 1977, each State shall review the provisions of its
implementation plan which relate to major fuel burning sources and
shall determine -
(1) the extent to which compliance with requirements of such
plan is dependent upon the use by major fuel burning stationary
sources of petroleum products or natural gas,
(2) the extent to which such plan may reasonably be anticipated
to be inadequate to meet the requirements of this chapter in such
State on a reliable and long-term basis by reason of its
dependence upon the use of such fuels, and
(3) the extent to which compliance with the requirements of
such plan is dependent upon use of coal or coal derivatives which
is not locally or regionally available.
Each State shall submit the results of its review and its
determination under this paragraph to the Administrator promptly
upon completion thereof.
(b) Plan revision
(1) Not later than eighteen months after August 7, 1977, the
Administrator shall review the submissions of the States under
subsection (a) of this section and shall require each State to
revise its plan if, in the judgment of the Administrator, such plan
revision is necessary to assure that such plan will be adequate to
assure compliance with the requirements of this chapter in such
State on a reliable and long-term basis, taking into account the
actual or potential prohibitions on use of petroleum products or
natural gas, or both, under any other authority of law.
(2) Before requiring a plan revision under this subsection, with
respect to any State the Administrator shall take into account the
report of the review conducted by such State under paragraph (1)
and shall consult with the Governor of the State respecting such
required revision.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 124, as added Pub. L. 95-95,
title I, Sec. 122, Aug. 7, 1977, 91 Stat. 722.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7425 01/08/2008
-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. 7425. Measures to prevent economic disruption or unemployment
-STATUTE-
(a) Determination that action is necessary
After notice and opportunity for a public hearing -
(1) the Governor of any State in which a major fuel burning
stationary source referred to in this subsection (or class or
category thereof) is located,
(2) the Administrator, or
(3) the President (or his designee),
may determine that action under subsection (b) of this section is
necessary to prevent or minimize significant local or regional
economic disruption or unemployment which would otherwise result
from use by such source (or class or category) of -
(A) coal or coal derivatives other than locally or regionally
available coal,
(B) petroleum products,
(C) natural gas, or
(D) any combination of fuels referred to in subparagraphs (A)
through (C),
to comply with the requirements of a State implementation plan.
(b) Use of locally or regionally available coal or coal derivatives
to comply with implementation plan requirements
Upon a determination under subsection (a) of this section -
(1) such Governor, with the written consent of the President or
his designee,
(2) the President's designee with the written consent of such
Governor, or
(3) the President
may by rule or order prohibit any such major fuel burning
stationary source (or class or category thereof) from using fuels
other than locally or regionally available coal or coal derivatives
to comply with implementation plan requirements. In taking any
action under this subsection, the Governor, the President, or the
President's designee as the case may be, shall take into account,
the final cost to the consumer of such an action.
(c) Contracts; schedules
The Governor, in the case of action under subsection (b)(1) of
this section, or the Administrator, in the case of an action under
subsection (b)(2) or (3) of this section shall, by rule or order,
require each source to which such action applies to -
(1) enter into long-term contracts of at least ten years in
duration (except as the President or his designee may otherwise
permit or require by rule or order for good cause) for supplies
of regionally available coal or coal derivatives,
(2) enter into contracts to acquire any additional means of
emission limitation which the Administrator or the State
determines may be necessary to comply with the requirements of
this chapter while using such coal or coal derivatives as fuel,
and
(3) comply with such schedules (including increments of
progress), timetables and other requirements as may be necessary
to assure compliance with the requirements of this chapter.
Requirements under this subsection shall be established
simultaneously with, and as a condition of, any action under
subsection (b) of this section.
(d) Existing or new major fuel burning stationary sources
This section applies only to existing or new major fuel burning
stationary sources -
(1) which have the design capacity to produce 250,000,000 Btu's
per hour (or its equivalent), as determined by the Administrator,
and
(2) which are not in compliance with the requirements of an
applicable implementation plan or which are prohibited from
burning oil or natural gas, or both, under any other authority of
law.
(e) Actions not to be deemed modifications of major fuel burning
stationary sources
Except as may otherwise be provided by rule by the State or the
Administrator for good cause, any action required to be taken by a
major fuel burning stationary source under this section shall not
be deemed to constitute a modification for purposes of section
7411(a)(2) and (4) of this title.
(f) Treatment of prohibitions, rules, or orders as requirements or
parts of plans under other provisions
For purposes of sections 7413 and 7420 of this title a
prohibition under subsection (b) of this section, and a
corresponding rule or order under subsection (c) of this section,
shall be treated as a requirement of section 7413 of this title.
For purposes of any plan (or portion thereof) promulgated under
section 7410(c) of this title, any rule or order under subsection
(c) of this section corresponding to a prohibition under subsection
(b) of this section, shall be treated as a part of such plan. For
purposes of section 7413 of this title, a prohibition under
subsection (b) of this section, applicable to any source, and a
corresponding rule or order under subsection (c) of this section,
shall be treated as part of the applicable implementation plan for
the State in which subject source is located.
(g) Delegation of Presidential authority
The President may delegate his authority under this section to an
officer or employee of the United States designated by him on a
case-by-case basis or in any other manner he deems suitable.
(h) "Locally or regionally available coal or coal derivatives"
defined
For the purpose of this section the term "locally or regionally
available coal or coal derivatives" means coal or coal derivatives
which is, or can in the judgment of the State or the Administrator
feasibly be, mined or produced in the local or regional area (as
determined by the Administrator) in which the major fuel burning
stationary source is located.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 125, as added Pub. L. 95-95,
title I, Sec. 122, Aug. 7, 1977, 91 Stat. 722.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7426 01/08/2008
-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. 7426. Interstate pollution abatement
-STATUTE-
(a) Written notice to all nearby States
Each applicable implementation plan shall -
(1) require each major proposed new (or modified) source -
(A) subject to part C of this subchapter (relating to
significant deterioration of air quality) or
(B) which may significantly contribute to levels of air
pollution in excess of the national ambient air quality
standards in any air quality control region outside the State
in which such source intends to locate (or make such
modification),
to provide written notice to all nearby States the air pollution
levels of which may be affected by such source at least sixty
days prior to the date on which commencement of construction is
to be permitted by the State providing notice, and
(2) identify all major existing stationary sources which may
have the impact described in paragraph (1) with respect to new or
modified sources and provide notice to all nearby States of the
identity of such sources not later than three months after August
7, 1977.
(b) Petition for finding that major sources emit or would emit
prohibited air pollutants
Any State or political subdivision may petition the Administrator
for a finding that any major source or group of stationary sources
emits or would emit any air pollutant in violation of the
prohibition of section 7410(a)(2)(D)(ii) of this title or this
section. Within 60 days after receipt of any petition under this
subsection and after public hearing, the Administrator shall make
such a finding or deny the petition.
(c) Violations; allowable continued operation
Notwithstanding any permit which may have been granted by the
State in which the source is located (or intends to locate), it
shall be a violation of this section and the applicable
implementation plan in such State -
(1) for any major proposed new (or modified) source with
respect to which a finding has been made under subsection (b) of
this section to be constructed or to operate in violation of the
prohibition of section 7410(a)(2)(D)(ii) of this title or this
section, or
(2) for any major existing source to operate more than three
months after such finding has been made with respect to it.
The Administrator may permit the continued operation of a source
referred to in paragraph (2) beyond the expiration of such three-
month period if such source complies with such emission
limitations and compliance schedules (containing increments of
progress) as may be provided by the Administrator to bring about
compliance with the requirements contained in section
7410(a)(2)(D)(ii) of this title or this section as expeditiously as
practicable, but in no case later than three years after the date
of such finding. Nothing in the preceding sentence shall be
construed to preclude any such source from being eligible for an
enforcement order under section 7413(d) (!1) of this title after
the expiration of such period during which the Administrator has
permitted continuous operation.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 126, as added Pub. L. 95-95,
title I, Sec. 123, Aug. 7, 1977, 91 Stat. 724; amended Pub. L. 95-
190, Sec. 14(a)(39), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101-
549, title I, Sec. 109(a), Nov. 15, 1990, 104 Stat. 2469.)
-REFTEXT-
REFERENCES IN TEXT
Section 7413(d) of this title, referred to in subsec. (c), was
amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15,
1990, 104 Stat. 2672, and, as so amended, no longer relates to
final compliance orders.
-MISC1-
AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-549, Sec. 109(a)(1), inserted "or
group of stationary sources" after "any major source" and
substituted "section 7410(a)(2)(D)(ii) of this title or this
section" for "section 7410(a)(2)(E)(i) of this title".
Subsec. (c). Pub. L. 101-549, Sec. 109(a)(2)(A), which directed
the insertion of "this section and" after "violation of", was
executed by making the insertion after first reference to
"violation of" to reflect the probable intent of Congress.
Pub. L. 101-549, Sec. 109(a)(2)(B), substituted "section
7410(a)(2)(D)(ii) of this title or this section" for "section
7410(a)(2)(E)(i) of this title" in par. (1) and penultimate
sentence.
1977 - Subsec. (a)(1). Pub. L. 95-190 substituted "(relating to
significant deterioration of air quality)" for ", relating to
significant deterioration of air quality".
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7427 01/08/2008
-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. 7427. Public notification
-STATUTE-
(a) Warning signs; television, radio, or press notices or
information
Each State plan shall contain measures which will be effective to
notify the public during any calendar (!1) on a regular basis of
instances or areas in which any national primary ambient air
quality standard is exceeded or was exceeded during any portion of
the preceding calendar year to advise the public of the health
hazards associated with such pollution, and to enhance public
awareness of the measures which can be taken to prevent such
standards from being exceeded and the ways in which the public can
participate in regulatory and other efforts to improve air quality.
Such measures may include the posting of warning signs on
interstate highway access points to metropolitan areas or
television, radio, or press notices or information.
(b) Grants
The Administrator is authorized to make grants to States to
assist in carrying out the requirements of subsection (a) of this
section.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 127, as added Pub. L. 95-95,
title I, Sec. 124, Aug. 7, 1977, 91 Stat. 725.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) So in original. Probably should be "calendar year".
-End-
-CITE-
42 USC Sec. 7428 01/08/2008
-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. 7428. State boards
-STATUTE-
(a) (!1) Not later than the date one year after August 7, 1977,
each applicable implementation plan shall contain requirements that
-
(1) any board or body which approves permits or enforcement
orders under this chapter shall have at least a majority of
members who represent the public interest and do not derive any
significant portion of their income from persons subject to
permits or enforcement orders under this chapter, and
(2) any potential conflicts of interest by members of such
board or body or the head of an executive agency with similar
powers be adequately disclosed.
A State may adopt any requirements respecting conflicts of interest
for such boards or bodies or heads of executive agencies, or any
other entities which are more stringent than the requirements of
paragraph (1) and (2), and the Administrator shall approve any such
more stringent requirements submitted as part of an implementation
plan.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 128, as added Pub. L. 95-95,
title I, Sec. 125, Aug. 7, 1977, 91 Stat. 725.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) So in original. Section enacted without a subsec. (b).
-End-
-CITE-
42 USC Sec. 7429 01/08/2008
-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. 7429. Solid waste combustion
-STATUTE-
(a) New source performance standards
(1) In general
(A) The Administrator shall establish performance standards and
other requirements pursuant to section 7411 of this title and
this section for each category of solid waste incineration units.
Such standards shall include emissions limitations and other
requirements applicable to new units and guidelines (under
section 7411(d) of this title and this section) and other
requirements applicable to existing units.
(B) Standards under section 7411 of this title and this section
applicable to solid waste incineration units with capacity
greater than 250 tons per day combusting municipal waste shall be
promulgated not later than 12 months after November 15, 1990.
Nothing in this subparagraph shall alter any schedule for the
promulgation of standards applicable to such units under section
7411 of this title pursuant to any settlement and consent decree
entered by the Administrator before November 15, 1990: Provided,
That, such standards are subsequently modified pursuant to the
schedule established in this subparagraph to include each of the
requirements of this section.
(C) Standards under section 7411 of this title and this section
applicable to solid waste incineration units with capacity equal
to or less than 250 tons per day combusting municipal waste and
units combusting hospital waste, medical waste and infectious
waste shall be promulgated not later than 24 months after
November 15, 1990.
(D) Standards under section 7411 of this title and this section
applicable to solid waste incineration units combusting
commercial or industrial waste shall be proposed not later than
36 months after November 15, 1990, and promulgated not later than
48 months after November 15, 1990.
(E) Not later than 18 months after November 15, 1990, the
Administrator shall publish a schedule for the promulgation of
standards under section 7411 of this title and this section
applicable to other categories of solid waste incineration units.
(2) Emissions standard
Standards applicable to solid waste incineration units
promulgated under section 7411 of this title and this section
shall reflect the maximum degree of reduction in emissions of air
pollutants listed under section (!1) (a)(4) that the
Administrator, taking into consideration the cost of achieving
such emission reduction, and any non-air quality health and
environmental impacts and energy requirements, determines is
achievable for new or existing units in each category. The
Administrator may distinguish among classes, types (including
mass-burn, refuse-derived fuel, modular and other types of
units), and sizes of units within a category in establishing such
standards. The degree of reduction in emissions that is deemed
achievable for new units in a category shall not be less
stringent than the emissions control that is achieved in practice
by the best controlled similar unit, as determined by the
Administrator. Emissions standards for existing units in a
category may be less stringent than standards for new units in
the same category but shall not be less stringent than the
average emissions limitation achieved by the best performing 12
percent of units in the category (excluding units which first met
lowest achievable emissions rates 18 months before the date such
standards are proposed or 30 months before the date such
standards are promulgated, whichever is later).
(3) Control methods and technologies
Standards under section 7411 of this title and this section
applicable to solid waste incineration units shall be based on
methods and technologies for removal or destruction of pollutants
before, during, or after combustion, and shall incorporate for
new units siting requirements that minimize, on a site specific
basis, to the maximum extent practicable, potential risks to
public health or the environment.
(4) Numerical emissions limitations
The performance standards promulgated under section 7411 of
this title and this section and applicable to solid waste
incineration units shall specify numerical emission limitations
for the following substances or mixtures: particulate matter
(total and fine), opacity (as appropriate), sulfur dioxide,
hydrogen chloride, oxides of nitrogen, carbon monoxide, lead,
cadmium, mercury, and dioxins and dibenzofurans. The
Administrator may promulgate numerical emissions limitations or
provide for the monitoring of postcombustion concentrations of
surrogate substances, parameters or periods of residence time in
excess of stated temperatures with respect to pollutants other
than those listed in this paragraph.
(5) Review and revision
Not later than 5 years following the initial promulgation of
any performance standards and other requirements under this
section and section 7411 of this title applicable to a category
of solid waste incineration units, and at 5 year intervals
thereafter, the Administrator shall review, and in accordance
with this section and section 7411 of this title, revise such
standards and requirements.
(b) Existing units
(1) Guidelines
Performance standards under this section and section 7411 of
this title for solid waste incineration units shall include
guidelines promulgated pursuant to section 7411(d) of this title
and this section applicable to existing units. Such guidelines
shall include, as provided in this section, each of the elements
required by subsection (a) of this section (emissions
limitations, notwithstanding any restriction in section 7411(d)
of this title regarding issuance of such limitations), subsection
(c) of this section (monitoring), subsection (d) of this section
(operator training), subsection (e) of this section (permits),
and subsection (h)(4) (!2) of this section (residual risk).
(2) State plans
Not later than 1 year after the Administrator promulgates
guidelines for a category of solid waste incineration units, each
State in which units in the category are operating shall submit
to the Administrator a plan to implement and enforce the
guidelines with respect to such units. The State plan shall be at
least as protective as the guidelines promulgated by the
Administrator and shall provide that each unit subject to the
guidelines shall be in compliance with all requirements of this
section not later than 3 years after the State plan is approved
by the Administrator but not later than 5 years after the
guidelines were promulgated. The Administrator shall approve or
disapprove any State plan within 180 days of the submission, and
if a plan is disapproved, the Administrator shall state the
reasons for disapproval in writing. Any State may modify and
resubmit a plan which has been disapproved by the Administrator.
(3) Federal plan
The Administrator shall develop, implement and enforce a plan
for existing solid waste incineration units within any category
located in any State which has not submitted an approvable plan
under this subsection with respect to units in such category
within 2 years after the date on which the Administrator
promulgated the relevant guidelines. Such plan shall assure that
each unit subject to the plan is in compliance with all
provisions of the guidelines not later than 5 years after the
date the relevant guidelines are promulgated.
(c) Monitoring
The Administrator shall, as part of each performance standard
promulgated pursuant to subsection (a) of this section and section
7411 of this title, promulgate regulations requiring the owner or
operator of each solid waste incineration unit -
(1) to monitor emissions from the unit at the point at which
such emissions are emitted into the ambient air (or within the
stack, combustion chamber or pollution control equipment, as
appropriate) and at such other points as necessary to protect
public health and the environment;
(2) to monitor such other parameters relating to the operation
of the unit and its pollution control technology as the
Administrator determines are appropriate; and
(3) to report the results of such monitoring.
Such regulations shall contain provisions regarding the frequency
of monitoring, test methods and procedures validated on solid waste
incineration units, and the form and frequency of reports
containing the results of monitoring and shall require that any
monitoring reports or test results indicating an exceedance of any
standard under this section shall be reported separately and in a
manner that facilitates review for purposes of enforcement actions.
Such regulations shall require that copies of the results of such
monitoring be maintained on file at the facility concerned and that
copies shall be made available for inspection and copying by
interested members of the public during business hours.
(d) Operator training
Not later than 24 months after November 15, 1990, the
Administrator shall develop and promote a model State program for
the training and certification of solid waste incineration unit
operators and high-capacity fossil fuel fired plant operators. The
Administrator may authorize any State to implement a model program
for the training of solid waste incineration unit operators and
high-capacity fossil fuel fired plant operators, if the State has
adopted a program which is at least as effective as the model
program developed by the Administrator. Beginning on the date 36
months after the date on which performance standards and guidelines
are promulgated under subsection (a) of this section and section
7411 of this title for any category of solid waste incineration
units it shall be unlawful to operate any unit in the category
unless each person with control over processes affecting emissions
from such unit has satisfactorily completed a training program
meeting the requirements established by the Administrator under
this subsection.
(e) Permits
Beginning (1) 36 months after the promulgation of a performance
standard under subsection (a) of this section and section 7411 of
this title applicable to a category of solid waste incineration
units, or (2) the effective date of a permit program under
subchapter V of this chapter in the State in which the unit is
located, whichever is later, each unit in the category shall
operate pursuant to a permit issued under this subsection and
subchapter V of this chapter. Permits required by this subsection
may be renewed according to the provisions of subchapter V of this
chapter. Notwithstanding any other provision of this chapter, each
permit for a solid waste incineration unit combusting municipal
waste issued under this chapter shall be issued for a period of up
to 12 years and shall be reviewed every 5 years after date of
issuance or reissuance. Each permit shall continue in effect after
the date of issuance until the date of termination, unless the
Administrator or State determines that the unit is not in
compliance with all standards and conditions contained in the
permit. Such determination shall be made at regular intervals
during the term of the permit, such intervals not to exceed 5
years, and only after public comment and public hearing. No permit
for a solid waste incineration unit may be issued under this
chapter by an agency, instrumentality or person that is also
responsible, in whole or part, for the design and construction or
operation of the unit. Notwithstanding any other provision of this
subsection, the Administrator or the State shall require the owner
or operator of any unit to comply with emissions limitations or
implement any other measures, if the Administrator or the State
determines that emissions in the absence of such limitations or
measures may reasonably be anticipated to endanger public health or
the environment. The Administrator's determination under the
preceding sentence is a discretionary decision.
(f) Effective date and enforcement
(1) New units
Performance standards and other requirements promulgated
pursuant to this section and section 7411 of this title and
applicable to new solid waste incineration units shall be
effective as of the date 6 months after the date of promulgation.
(2) Existing units
Performance standards and other requirements promulgated
pursuant to this section and section 7411 of this title and
applicable to existing solid waste incineration units shall be
effective as expeditiously as practicable after approval of a
State plan under subsection (b)(2) of this section (or
promulgation of a plan by the Administrator under subsection
(b)(3) of this section) but in no event later than 3 years after
the State plan is approved or 5 years after the date such
standards or requirements are promulgated, whichever is earlier.
(3) Prohibition
After the effective date of any performance standard, emission
limitation or other requirement promulgated pursuant to this
section and section 7411 of this title, it shall be unlawful for
any owner or operator of any solid waste incineration unit to
which such standard, limitation or requirement applies to operate
such unit in violation of such limitation, standard or
requirement or for any other person to violate an applicable
requirement of this section.
(4) Coordination with other authorities
For purposes of sections 7411(e), 7413, 7414, 7416, 7420, 7603,
7604, 7607 of this title and other provisions for the enforcement
of this chapter, each performance standard, emission limitation
or other requirement established pursuant to this section by the
Administrator or a State or local government, shall be treated in
the same manner as a standard of performance under section 7411
of this title which is an emission limitation.
(g) Definitions
For purposes of section 306 of the Clean Air Act Amendments of
1990 and this section only -
(1) Solid waste incineration unit
The term "solid waste incineration unit" means a distinct
operating unit of any facility which combusts any solid waste
material from commercial or industrial establishments or the
general public (including single and multiple residences, hotels,
and motels). Such term does not include incinerators or other
units required to have a permit under section 3005 of the Solid
Waste Disposal Act [42 U.S.C. 6925]. The term "solid waste
incineration unit" does not include (A) materials recovery
facilities (including primary or secondary smelters) which
combust waste for the primary purpose of recovering metals, (B)
qualifying small power production facilities, as defined in
section 796(17)(C) of title 16, or qualifying cogeneration
facilities, as defined in section 796(18)(B) of title 16, which
burn homogeneous waste (such as units which burn tires or used
oil, but not including refuse-derived fuel) for the production of
electric energy or in the case of qualifying cogeneration
facilities which burn homogeneous waste for the production of
electric energy and steam or forms of useful energy (such as
heat) which are used for industrial, commercial, heating or
cooling purposes, or (C) air curtain incinerators provided that
such incinerators only burn wood wastes, yard wastes and clean
lumber and that such air curtain incinerators comply with opacity
limitations to be established by the Administrator by rule.
(2) New solid waste incineration unit
The term "new solid waste incineration unit" means a solid
waste incineration unit the construction of which is commenced
after the Administrator proposes requirements under this section
establishing emissions standards or other requirements which
would be applicable to such unit or a modified solid waste
incineration unit.
(3) Modified solid waste incineration unit
The term "modified solid waste incineration unit" means a solid
waste incineration unit at which modifications have occurred
after the effective date of a standard under subsection (a) of
this section if (A) the cumulative cost of the modifications,
over the life of the unit, exceed 50 per centum of the original
cost of construction and installation of the unit (not including
the cost of any land purchased in connection with such
construction or installation) updated to current costs, or (B)
the modification is a physical change in or change in the method
of operation of the unit which increases the amount of any air
pollutant emitted by the unit for which standards have been
established under this section or section 7411 of this title.
(4) Existing solid waste incineration unit
The term "existing solid waste incineration unit" means a solid
waste unit which is not a new or modified solid waste
incineration unit.
(5) Municipal waste
The term "municipal waste" means refuse (and refuse-derived
fuel) collected from the general public and from residential,
commercial, institutional, and industrial sources consisting of
paper, wood, yard wastes, food wastes, plastics, leather, rubber,
and other combustible materials and non-combustible materials
such as metal, glass and rock, provided that: (A) the term does
not include industrial process wastes or medical wastes that are
segregated from such other wastes; and (B) an incineration unit
shall not be considered to be combusting municipal waste for
purposes of section 7411 of this title or this section if it
combusts a fuel feed stream, 30 percent or less of the weight of
which is comprised, in aggregate, of municipal waste.
(6) Other terms
The terms "solid waste" and "medical waste" shall have the
meanings established by the Administrator pursuant to the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.].
(h) Other authority
(1) State authority
Nothing in this section shall preclude or deny the right of any
State or political subdivision thereof to adopt or enforce any
regulation, requirement, limitation or standard relating to solid
waste incineration units that is more stringent than a
regulation, requirement, limitation or standard in effect under
this section or under any other provision of this chapter.
(2) Other authority under this chapter
Nothing in this section shall diminish the authority of the
Administrator or a State to establish any other requirements
applicable to solid waste incineration units under any other
authority of law, including the authority to establish for any
air pollutant a national ambient air quality standard, except
that no solid waste incineration unit subject to performance
standards under this section and section 7411 of this title shall
be subject to standards under section 7412(d) of this title.
(3) Residual risk
The Administrator shall promulgate standards under section
7412(f) of this title for a category of solid waste incineration
units, if promulgation of such standards is required under
section 7412(f) of this title. For purposes of this (!3)
preceding sentence only -
(A) the performance standards under subsection (a) of this
section and section 7411 of this title applicable to a category
of solid waste incineration units shall be deemed standards
under section 7412(d)(2) of this title, and
(B) the Administrator shall consider and regulate, if
required, the pollutants listed under subsection (a)(4) of this
section and no others.
(4) Acid rain
A solid waste incineration unit shall not be a utility unit as
defined in subchapter IV-A of this chapter: Provided, That, more
than 80 per centum of its annual average fuel consumption
measured on a Btu basis, during a period or periods to be
determined by the Administrator, is from a fuel (including any
waste burned as a fuel) other than a fossil fuel.
(5) Requirements of parts C and D
No requirement of an applicable implementation plan under
section 7475 of this title (relating to construction of
facilities in regions identified pursuant to section
7407(d)(1)(A)(ii) or (iii) of this title) or under section
7502(c)(5) of this title (relating to permits for construction
and operation in nonattainment areas) may be used to weaken the
standards in effect under this section.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 129, as added Pub. L. 101-
549, title III, Sec. 305(a), Nov. 15, 1990, 104 Stat. 2577.)
-REFTEXT-
REFERENCES IN TEXT
Section 306 of the Clean Air Act Amendments of 1990, referred to
in subsec. (g), probably means section 306 of Pub. L. 101-549,
which is set out as a note under section 6921 of this title.
The Solid Waste Disposal Act, referred to in subsec. (g)(6), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 6901 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of this title and
Tables.
-MISC1-
REVIEW OF ACID GAS SCRUBBING REQUIREMENTS
Section 305(c) of Pub. L. 101-549 provided that: "Prior to the
promulgation of any performance standard for solid waste
incineration units combusting municipal waste under section 111 or
section 129 of the Clean Air Act [42 U.S.C. 7411, 7429], the
Administrator shall review the availability of acid gas scrubbers
as a pollution control technology for small new units and for
existing units (as defined in 54 Federal Register 52190 (December
20, 1989)[)], taking into account the provisions of subsection
(a)(2) of section 129 of the Clean Air Act."
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
(!2) So in original. Probably should be subsection "(h)(3)".
(!3) So in original. Probably should be "the".
-End-
-CITE-
42 USC Sec. 7430 01/08/2008
-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. 7430. Emission factors
-STATUTE-
Within 6 months after November 15, 1990, and at least every 3
years thereafter, the Administrator shall review and, if necessary,
revise, the methods ("emission factors") used for purposes of this
chapter to estimate the quantity of emissions of carbon monoxide,
volatile organic compounds, and oxides of nitrogen from sources of
such air pollutants (including area sources and mobile sources). In
addition, the Administrator shall establish emission factors for
sources for which no such methods have previously been established
by the Administrator. The Administrator shall permit any person to
demonstrate improved emissions estimating techniques, and following
approval of such techniques, the Administrator shall authorize the
use of such techniques. Any such technique may be approved only
after appropriate public participation. Until the Administrator has
completed the revision required by this section, nothing in this
section shall be construed to affect the validity of emission
factors established by the Administrator before November 15, 1990.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 130, as added Pub. L. 101-
549, title VIII, Sec. 804, Nov. 15, 1990, 104 Stat. 2689.)
-End-
-CITE-
42 USC Sec. 7431 01/08/2008
-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. 7431. Land use authority
-STATUTE-
Nothing in this chapter constitutes an infringement on the
existing authority of counties and cities to plan or control land
use, and nothing in this chapter provides or transfers authority
over such land use.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 131, as added Pub. L. 101-
549, title VIII, Sec. 805, Nov. 15, 1990, 104 Stat. 2689.)
-End-
-CITE-
42 USC Part B - Ozone Protection 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part B - Ozone Protection
-HEAD-
PART B - OZONE PROTECTION
-End-
-CITE-
42 USC Secs. 7450 to 7459 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part B - Ozone Protection
-HEAD-
Secs. 7450 to 7459. Repealed.
-MISC1-
Secs. 7450 to 7459. Repealed. Pub. L. 101-549, title VI, Sec. 601,
Nov. 15, 1990, 104 Stat. 2648.
Section 7450, act July 14, 1955, ch. 360, title I, Sec. 150, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 725,
set forth Congressional declaration of purpose.
Section 7451, act July 14, 1955, ch. 360, title I, Sec. 151, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 726,
set forth Congressional findings.
Section 7452, act July 14, 1955, ch. 360, title I, Sec. 152, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 726,
set forth definitions applicable to this part.
Section 7453, act July 14, 1955, ch. 360, title I, Sec. 153, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 726,
related to studies by Environmental Protection Agency.
Section 7454, act July 14, 1955, ch. 360, title I, Sec. 154, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 728;
amended Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93
Stat. 695, related to research and monitoring activities by Federal
agencies.
Section 7455, act July 14, 1955, ch. 360, title I, Sec. 155, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 729,
related to reports on progress of regulation.
Section 7456, act July 14, 1955, ch. 360, title I, Sec. 156, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 729,
authorized President to enter into international agreements to
foster cooperative research.
Section 7457, act July 14, 1955, ch. 360, title I, Sec. 157, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 729,
related to promulgation of regulations.
Section 7458, act July 14, 1955, ch. 360, title I, Sec. 158, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 730,
set forth other provisions of law that would be unaffected by this
part.
Section 7459, act July 14, 1955, ch. 360, title I, Sec. 159, as
added Aug. 7, 1977, Pub. L. 95-95, title I, Sec. 126, 91 Stat. 730,
related to authority of States to protect the stratosphere.
SIMILAR PROVISIONS
For provisions relating to stratospheric ozone protection, see
section 7671 et seq. of this title.
-End-
-CITE-
42 USC Part C - Prevention of Significant Deterioration
of Air Quality 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
-HEAD-
PART C - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY
-End-
-CITE-
42 USC subpart i - clean air 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
SUBPART I - CLEAN AIR
-End-
-CITE-
42 USC Sec. 7470 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7470. Congressional declaration of purpose
-STATUTE-
The purposes of this part are as follows:
(1) to protect public health and welfare from any actual or
potential adverse effect which in the Administrator's judgment
may reasonably be anticipate (!1) to occur from air pollution or
from exposures to pollutants in other media, which pollutants
originate as emissions to the ambient air) (!2), notwithstanding
attainment and maintenance of all national ambient air quality
standards;
(2) to preserve, protect, and enhance the air quality in
national parks, national wilderness areas, national monuments,
national seashores, and other areas of special national or
regional natural, recreational, scenic, or historic value;
(3) to insure that economic growth will occur in a manner
consistent with the preservation of existing clean air resources;
(4) to assure that emissions from any source in any State will
not interfere with any portion of the applicable implementation
plan to prevent significant deterioration of air quality for any
other State; and
(5) to assure that any decision to permit increased air
pollution in any area to which this section applies is made only
after careful evaluation of all the consequences of such a
decision and after adequate procedural opportunities for informed
public participation in the decisionmaking process.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 160, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731.)
-MISC1-
EFFECTIVE DATE
Subpart effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
GUIDANCE DOCUMENT
Section 127(c) of Pub. L. 95-95 required Administrator, not later
than 1 year after Aug. 7, 1977, to publish a guidance document to
assist States in carrying out their functions under part C of title
I of the Clean Air Act (this part) with respect to pollutants for
which national ambient air quality standards are promulgated.
STUDY AND REPORT ON PROGRESS MADE IN PROGRAM RELATING TO
SIGNIFICANT DETERIORATION OF AIR QUALITY
Section 127(d) of Pub. L. 95-95 directed Administrator, not later
than 2 years after Aug. 7, 1977, to complete a study and report to
Congress on progress made in carrying out part C of title I of the
Clean Air Act (this part) and the problems associated in carrying
out such section.
-FOOTNOTE-
(!1) So in original. Probably should be "anticipated".
(!2) So in original. Section was enacted without an opening
parenthesis.
-End-
-CITE-
42 USC Sec. 7471 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7471. Plan requirements
-STATUTE-
In accordance with the policy of section 7401(b)(1) of this
title, each applicable implementation plan shall contain emission
limitations and such other measures as may be necessary, as
determined under regulations promulgated under this part, to
prevent significant deterioration of air quality in each region (or
portion thereof) designated pursuant to section 7407 of this title
as attainment or unclassifiable.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 161, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L.
101-549, title I, Sec. 110(1), Nov. 15, 1990, 104 Stat. 2470.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 substituted "designated pursuant to
section 7407 of this title as attainment or unclassifiable" for
"identified pursuant to section 7407(d)(1)(D) or (E) of this
title".
-End-
-CITE-
42 USC Sec. 7472 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7472. Initial classifications
-STATUTE-
(a) Areas designated as class I
Upon the enactment of this part, all -
(1) international parks,
(2) national wilderness areas which exceed 5,000 acres in size,
(3) national memorial parks which exceed 5,000 acres in size,
and
(4) national parks which exceed six thousand acres in size,
and which are in existence on August 7, 1977, shall be class I
areas and may not be redesignated. All areas which were
redesignated as class I under regulations promulgated before August
7, 1977, shall be class I areas which may be redesignated as
provided in this part. The extent of the areas designated as Class
I under this section shall conform to any changes in the boundaries
of such areas which have occurred subsequent to August 7, 1977, or
which may occur subsequent to November 15, 1990.
(b) Areas designated as class II
All areas in such State designated pursuant to section 7407(d) of
this title as attainment or unclassifiable which are not
established as class I under subsection (a) of this section shall
be class II areas unless redesignated under section 7474 of this
title.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 162, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 731; amended Pub. L.
95-190, Sec. 14(a)(40), Nov. 16, 1977, 91 Stat. 1401; Pub. L. 101-
549, title I, Secs. 108(m), 110(2), Nov. 15, 1990, 104 Stat. 2469,
2470.)
-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, Sec. 108(m), inserted at end
"The extent of the areas designated as Class I under this section
shall conform to any changes in the boundaries of such areas which
have occurred subsequent to August 7, 1977, or which may occur
subsequent to November 15, 1990."
Subsec. (b). Pub. L. 101-549, Sec. 110(2), substituted
"designated pursuant to section 7407(d) of this title as attainment
or unclassifiable" for "identified pursuant to section
7407(d)(1)(D) or (E) of this title".
1977 - Subsec. (a)(4). Pub. L. 95-190 inserted a comma after
"size".
-End-
-CITE-
42 USC Sec. 7473 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7473. Increments and ceilings
-STATUTE-
(a) Sulfur oxide and particulate matter; requirement that maximum
allowable increases and maximum allowable concentrations not be
exceeded
In the case of sulfur oxide and particulate matter, each
applicable implementation plan shall contain measures assuring that
maximum allowable increases over baseline concentrations of, and
maximum allowable concentrations of, such pollutant shall not be
exceeded. In the case of any maximum allowable increase (except an
allowable increase specified under section 7475(d)(2)(C)(iv) of
this title) for a pollutant based on concentrations permitted under
national ambient air quality standards for any period other than an
annual period, such regulations shall permit such maximum allowable
increase to be exceeded during one such period per year.
(b) Maximum allowable increases in concentrations over baseline
concentrations
(1) For any class I area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Pollutant Maximum allowable increase (in
micrograms per
cubic meter)
Particulate matter:
Annual geometric mean 5
Twenty-four-hour maximum 10
Sulfur dioxide:
Annual arithmetic mean 2
Twenty-four-hour maximum 5
Three-hour maximum 25
(2) For any class II area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Pollutant Maximum allowable increase (in
micrograms per
cubic meter)
Particulate matter:
Annual geometric mean 19
Twenty-four-hour maximum 37
Sulfur dioxide:
Annual arithmetic mean 20
Twenty-four-hour maximum 91
Three-hour maximum 512
(3) For any class III area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Pollutant Maximum allowable increase (in
micrograms per
cubic meter)
Particulate matter:
Annual geometric mean 37
Twenty-four-hour maximum 75
Sulfur dioxide:
Annual arithmetic mean 40
Twenty-four-hour maximum 182
Three-hour maximum 700
(4) The maximum allowable concentration of any air pollutant in
any area to which this part applies shall not exceed a
concentration for such pollutant for each period of exposure equal
to -
(A) the concentration permitted under the national secondary
ambient air quality standard, or
(B) the concentration permitted under the national primary
ambient air quality standard,
whichever concentration is lowest for such pollutant for such
period of exposure.
(c) Orders or rules for determining compliance with maximum
allowable increases in ambient concentrations of air pollutants
(1) In the case of any State which has a plan approved by the
Administrator for purposes of carrying out this part, the Governor
of such State may, after notice and opportunity for public hearing,
issue orders or promulgate rules providing that for purposes of
determining compliance with the maximum allowable increases in
ambient concentrations of an air pollutant, the following
concentrations of such pollutant shall not be taken into account:
(A) concentrations of such pollutant attributable to the
increase in emissions from stationary sources which have
converted from the use of petroleum products, or natural gas, or
both, by reason of an order which is in effect under the
provisions of sections 792(a) and (b) of title 15 (or any
subsequent legislation which supersedes such provisions) over the
emissions from such sources before the effective date of such
order.(!1)
(B) the concentrations of such pollutant attributable to the
increase in emissions from stationary sources which have
converted from using natural gas by reason of a natural gas
curtailment pursuant to a natural gas curtailment plan in effect
pursuant to the Federal Power Act [16 U.S.C. 791a et seq.] over
the emissions from such sources before the effective date of such
plan,
(C) concentrations of particulate matter attributable to the
increase in emissions from construction or other temporary
emission-related activities, and
(D) the increase in concentrations attributable to new sources
outside the United States over the concentrations attributable to
existing sources which are included in the baseline concentration
determined in accordance with section 7479(4) of this title.
(2) No action taken with respect to a source under paragraph
(1)(A) or (1)(B) shall apply more than five years after the
effective date of the order referred to in paragraph (1)(A) or the
plan referred to in paragraph (1)(B), whichever is applicable. If
both such order and plan are applicable, no such action shall apply
more than five years after the later of such effective dates.
(3) No action under this subsection shall take effect unless the
Governor submits the order or rule providing for such exclusion to
the Administrator and the Administrator determines that such order
or rule is in compliance with the provisions of this subsection.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 163, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 732; amended Pub. L.
95-190, Sec. 14(a)(41), Nov. 16, 1977, 91 Stat. 1401.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec. (c)(1)(B), is act
June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is
classified generally to chapter 12 (Sec. 791a et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code,
see section 791a of Title 16 and Tables.
-MISC1-
AMENDMENTS
1977 - Subsec. (a). Pub. L. 95-190 inserted "section" before
"7475".
-FOOTNOTE-
(!1) So in original. The period probably should be a comma.
-End-
-CITE-
42 USC Sec. 7474 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7474. Area redesignation
-STATUTE-
(a) Authority of States to redesignate areas
Except as otherwise provided under subsection (c) of this
section, a State may redesignate such areas as it deems appropriate
as class I areas. The following areas may be redesignated only as
class I or II:
(1) an area which exceeds ten thousand acres in size and is a
national monument, a national primitive area, a national
preserve, a national recreation area, a national wild and scenic
river, a national wildlife refuge, a national lakeshore or
seashore, and
(2) a national park or national wilderness area established
after August 7, 1977, which exceeds ten thousand acres in size.
The extent of the areas referred to in paragraph (!1) (1) and (2)
shall conform to any changes in the boundaries of such areas which
have occurred subsequent to August 7, 1977, or which may occur
subsequent to November 15, 1990. Any area (other than an area
referred to in paragraph (1) or (2) or an area established as class
I under the first sentence of section 7472(a) of this title) may be
redesignated by the State as class III if -
(A) such redesignation has been specifically approved by the
Governor of the State, after consultation with the appropriate
Committees of the legislature if it is in session or with the
leadership of the legislature if it is not in session (unless
State law provides that such redesignation must be specifically
approved by State legislation) and if general purpose units of
local government representing a majority of the residents of the
area so redesignated enact legislation (including for such units
of local government resolutions where appropriate) concurring in
the State's redesignation;
(B) such redesignation will not cause, or contribute to,
concentrations of any air pollutant which exceed any maximum
allowable increase or maximum allowable concentration permitted
under the classification of any other area; and
(C) such redesignation otherwise meets the requirements of this
part.
Subparagraph (A) of this paragraph shall not apply to area
redesignations by Indian tribes.
(b) Notice and hearing; notice to Federal land manager; written
comments and recommendations; regulations; disapproval of
redesignation
(1)(A) Prior to redesignation of any area under this part, notice
shall be afforded and public hearings shall be conducted in areas
proposed to be redesignated and in areas which may be affected by
the proposed redesignation. Prior to any such public hearing a
satisfactory description and analysis of the health, environmental,
economic, social, and energy effects of the proposed redesignation
shall be prepared and made available for public inspection and
prior to any such redesignation, the description and analysis of
such effects shall be reviewed and examined by the redesignating
authorities.
(B) Prior to the issuance of notice under subparagraph (A)
respecting the redesignation of any area under this subsection, if
such area includes any Federal lands, the State shall provide
written notice to the appropriate Federal land manager and afford
adequate opportunity (but not in excess of 60 days) to confer with
the State respecting the intended notice of redesignation and to
submit written comments and recommendations with respect to such
intended notice of redesignation. In redesignating any area under
this section with respect to which any Federal land manager has
submitted written comments and recommendations, the State shall
publish a list of any inconsistency between such redesignation and
such recommendations and an explanation of such inconsistency
(together with the reasons for making such redesignation against
the recommendation of the Federal land manager).
(C) The Administrator shall promulgate regulations not later than
six months after August 7, 1977, to assure, insofar as practicable,
that prior to any public hearing on redesignation of any area,
there shall be available for public inspection any specific plans
for any new or modified major emitting facility which may be
permitted to be constructed and operated only if the area in
question is designated or redesignated as class III.
(2) The Administrator may disapprove the redesignation of any
area only if he finds, after notice and opportunity for public
hearing, that such redesignation does not meet the procedural
requirements of this section or is inconsistent with the
requirements of section 7472(a) of this title or of subsection (a)
of this section. If any such disapproval occurs, the classification
of the area shall be that which was in effect prior to the
redesignation which was disapproved.
(c) Indian reservations
Lands within the exterior boundaries of reservations of federally
recognized Indian tribes may be redesignated only by the
appropriate Indian governing body. Such Indian governing body shall
be subject in all respect to the provisions of subsection (e) of
this section.
(d) Review of national monuments, primitive areas, and national
preserves
The Federal Land Manager shall review all national monuments,
primitive areas, and national preserves, and shall recommend any
appropriate areas for redesignation as class I where air quality
related values are important attributes of the area. The Federal
Land Manager shall report such recommendations, within (!2)
supporting analysis, to the Congress and the affected States within
one year after August 7, 1977. The Federal Land Manager shall
consult with the appropriate States before making such
recommendations.
(e) Resolution of disputes between State and Indian tribes
If any State affected by the redesignation of an area by an
Indian tribe or any Indian tribe affected by the redesignation of
an area by a State disagrees with such redesignation of any area,
or if a permit is proposed to be issued for any new major emitting
facility proposed for construction in any State which the Governor
of an affected State or governing body of an affected Indian tribe
determines will cause or contribute to a cumulative change in air
quality in excess of that allowed in this part within the affected
State or tribal reservation, the Governor or Indian ruling body may
request the Administrator to enter into negotiations with the
parties involved to resolve such dispute. If requested by any State
or Indian tribe involved, the Administrator shall make a
recommendation to resolve the dispute and protect the air quality
related values of the lands involved. If the parties involved do
not reach agreement, the Administrator shall resolve the dispute
and his determination, or the results of agreements reached through
other means, shall become part of the applicable plan and shall be
enforceable as part of such plan. In resolving such disputes
relating to area redesignation, the Administrator shall consider
the extent to which the lands involved are of sufficient size to
allow effective air quality management or have air quality related
values of such an area.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 164, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 733; amended Pub. L.
95-190, Sec. 14(a)(42), (43), Nov. 16, 1977, 91 Stat. 1402; Pub. L.
101-549, title I, Sec. 108(n), Nov. 15, 1990, 104 Stat. 2469.)
-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, which directed the insertion
of "The extent of the areas referred to in paragraph (1) and (2)
shall conform to any changes in the boundaries of such areas which
have occurred subsequent to August 7, 1977, or which may occur
subsequent to November 15, 1990." before "Any area (other than an
area referred to in paragraph (1) or (2))", was executed by making
the insertion before "Any area (other than an area referred to in
paragraph (1) or (2)", to reflect the probable intent of Congress.
1977 - Subsec. (b)(2). Pub. L. 95-190, Sec. 14(a)(42), inserted
"or is inconsistent with the requirements of section 7472(a) of
this title or of subsection (a) of this section" after "this
section".
Subsec. (e). Pub. L. 95-190, Sec. 14(a)(43), inserted "an" after
"If any State affected by the redesignation of".
-FOOTNOTE-
(!1) So in original. Probably should be "paragraphs".
(!2) So in original. Probably should be "with".
-End-
-CITE-
42 USC Sec. 7475 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7475. Preconstruction requirements
-STATUTE-
(a) Major emitting facilities on which construction is commenced
No major emitting facility on which construction is commenced
after August 7, 1977, may be constructed in any area to which this
part applies unless -
(1) a permit has been issued for such proposed facility in
accordance with this part setting forth emission limitations for
such facility which conform to the requirements of this part;
(2) the proposed permit has been subject to a review in
accordance with this section, the required analysis has been
conducted in accordance with regulations promulgated by the
Administrator, and a public hearing has been held with
opportunity for interested persons including representatives of
the Administrator to appear and submit written or oral
presentations on the air quality impact of such source,
alternatives thereto, control technology requirements, and other
appropriate considerations;
(3) the owner or operator of such facility demonstrates, as
required pursuant to section 7410(j) of this title, that
emissions from construction or operation of such facility will
not cause, or contribute to, air pollution in excess of any (A)
maximum allowable increase or maximum allowable concentration for
any pollutant in any area to which this part applies more than
one time per year, (B) national ambient air quality standard in
any air quality control region, or (C) any other applicable
emission standard or standard of performance under this chapter;
(4) the proposed facility is subject to the best available
control technology for each pollutant subject to regulation under
this chapter emitted from, or which results from, such facility;
(5) the provisions of subsection (d) of this section with
respect to protection of class I areas have been complied with
for such facility;
(6) there has been an analysis of any air quality impacts
projected for the area as a result of growth associated with such
facility;
(7) the person who owns or operates, or proposes to own or
operate, a major emitting facility for which a permit is required
under this part agrees to conduct such monitoring as may be
necessary to determine the effect which emissions from any such
facility may have, or is having, on air quality in any area which
may be affected by emissions from such source; and
(8) in the case of a source which proposes to construct in a
class III area, emissions from which would cause or contribute to
exceeding the maximum allowable increments applicable in a class
II area and where no standard under section 7411 of this title
has been promulgated subsequent to August 7, 1977, for such
source category, the Administrator has approved the determination
of best available technology as set forth in the permit.
(b) Exception
The demonstration pertaining to maximum allowable increases
required under subsection (a)(3) of this section shall not apply to
maximum allowable increases for class II areas in the case of an
expansion or modification of a major emitting facility which is in
existence on August 7, 1977, whose allowable emissions of air
pollutants, after compliance with subsection (a)(4) of this
section, will be less than fifty tons per year and for which the
owner or operator of such facility demonstrates that emissions of
particulate matter and sulfur oxides will not cause or contribute
to ambient air quality levels in excess of the national secondary
ambient air quality standard for either of such pollutants.
(c) Permit applications
Any completed permit application under section 7410 of this title
for a major emitting facility in any area to which this part
applies shall be granted or denied not later than one year after
the date of filing of such completed application.
(d) Action taken on permit applications; notice; adverse impact on
air quality related values; variance; emission limitations
(1) Each State shall transmit to the Administrator a copy of each
permit application relating to a major emitting facility received
by such State and provide notice to the Administrator of every
action related to the consideration of such permit.
(2)(A) The Administrator shall provide notice of the permit
application to the Federal Land Manager and the Federal official
charged with direct responsibility for management of any lands
within a class I area which may be affected by emissions from the
proposed facility.
(B) The Federal Land Manager and the Federal official charged
with direct responsibility for management of such lands shall have
an affirmative responsibility to protect the air quality related
values (including visibility) of any such lands within a class I
area and to consider, in consultation with the Administrator,
whether a proposed major emitting facility will have an adverse
impact on such values.
(C)(i) In any case where the Federal official charged with direct
responsibility for management of any lands within a class I area or
the Federal Land Manager of such lands, or the Administrator, or
the Governor of an adjacent State containing such a class I area
files a notice alleging that emissions from a proposed major
emitting facility may cause or contribute to a change in the air
quality in such area and identifying the potential adverse impact
of such change, a permit shall not be issued unless the owner or
operator of such facility demonstrates that emissions of
particulate matter and sulfur dioxide will not cause or contribute
to concentrations which exceed the maximum allowable increases for
a class I area.
(ii) In any case where the Federal Land Manager demonstrates to
the satisfaction of the State that the emissions from such facility
will have an adverse impact on the air quality-related values
(including visibility) of such lands, notwithstanding the fact that
the change in air quality resulting from emissions from such
facility will not cause or contribute to concentrations which
exceed the maximum allowable increases for a class I area, a permit
shall not be issued.
(iii) In any case where the owner or operator of such facility
demonstrates to the satisfaction of the Federal Land Manager, and
the Federal Land Manager so certifies, that the emissions from such
facility will have no adverse impact on the air quality-related
values of such lands (including visibility), notwithstanding the
fact that the change in air quality resulting from emissions from
such facility will cause or contribute to concentrations which
exceed the maximum allowable increases for class I areas, the State
may issue a permit.
(iv) In the case of a permit issued pursuant to clause (iii),
such facility shall comply with such emission limitations under
such permit as may be necessary to assure that emissions of sulfur
oxides and particulates from such facility will not cause or
contribute to concentrations of such pollutant which exceed the
following maximum allowable increases over the baseline
concentration for such pollutants:
Maximum allowable
increase (in
micrograms per
cubic meter)
Particulate matter:
Annual geometric mean 19
Twenty-four-hour maximum 37
Sulfur dioxide:
Annual arithmetic mean 20
Twenty-four-hour maximum 91
Three-hour maximum 325
(D)(i) In any case where the owner or operator of a proposed
major emitting facility who has been denied a certification under
subparagraph (C)(iii) demonstrates to the satisfaction of the
Governor, after notice and public hearing, and the Governor finds,
that the facility cannot be constructed by reason of any maximum
allowable increase for sulfur dioxide for periods of twenty-four
hours or less applicable to any class I area and, in the case of
Federal mandatory class I areas, that a variance under this clause
will not adversely affect the air quality related values of the
area (including visibility), the Governor, after consideration of
the Federal Land Manager's recommendation (if any) and subject to
his concurrence, may grant a variance from such maximum allowable
increase. If such variance is granted, a permit may be issued to
such source pursuant to the requirements of this subparagraph.
(ii) In any case in which the Governor recommends a variance
under this subparagraph in which the Federal Land Manager does not
concur, the recommendations of the Governor and the Federal Land
Manager shall be transmitted to the President. The President may
approve the Governor's recommendation if he finds that such
variance is in the national interest. No Presidential finding shall
be reviewable in any court. The variance shall take effect if the
President approves the Governor's recommendations. The President
shall approve or disapprove such recommendation within ninety days
after his receipt of the recommendations of the Governor and the
Federal Land Manager.
(iii) In the case of a permit issued pursuant to this
subparagraph, such facility shall comply with such emission
limitations under such permit as may be necessary to assure that
emissions of sulfur oxides from such facility will not (during any
day on which the otherwise applicable maximum allowable increases
are exceeded) cause or contribute to concentrations which exceed
the following maximum allowable increases for such areas over the
baseline concentration for such pollutant and to assure that such
emissions will not cause or contribute to concentrations which
exceed the otherwise applicable maximum allowable increases for
periods of exposure of 24 hours or less on more than 18 days during
any annual period:
MAXIMUM ALLOWABLE INCREASE
(IN MICROGRAMS PER CUBIC METER)
--------------------------------------------------------------------
Period of exposure Low High
terrain terrain
areas areas
--------------------------------------------------------------------
24-hr maximum 36 62
3-hr maximum 130 221
--------------------------------------------------------------------
(iv) For purposes of clause (iii), the term "high terrain area"
means with respect to any facility, any area having an elevation of
900 feet or more above the base of the stack of such facility, and
the term "low terrain area" means any area other than a high
terrain area.
(e) Analysis; continuous air quality monitoring data; regulations;
model adjustments
(1) The review provided for in subsection (a) of this section
shall be preceded by an analysis in accordance with regulations of
the Administrator, promulgated under this subsection, which may be
conducted by the State (or any general purpose unit of local
government) or by the major emitting facility applying for such
permit, of the ambient air quality at the proposed site and in
areas which may be affected by emissions from such facility for
each pollutant subject to regulation under this chapter which will
be emitted from such facility.
(2) Effective one year after August 7, 1977, the analysis
required by this subsection shall include continuous air quality
monitoring data gathered for purposes of determining whether
emissions from such facility will exceed the maximum allowable
increases or the maximum allowable concentration permitted under
this part. Such data shall be gathered over a period of one
calendar year preceding the date of application for a permit under
this part unless the State, in accordance with regulations
promulgated by the Administrator, determines that a complete and
adequate analysis for such purposes may be accomplished in a
shorter period. The results of such analysis shall be available at
the time of the public hearing on the application for such permit.
(3) The Administrator shall within six months after August 7,
1977, promulgate regulations respecting the analysis required under
this subsection which regulations -
(A) shall not require the use of any automatic or uniform
buffer zone or zones,
(B) shall require an analysis of the ambient air quality,
climate and meteorology, terrain, soils and vegetation, and
visibility at the site of the proposed major emitting facility
and in the area potentially affected by the emissions from such
facility for each pollutant regulated under this chapter which
will be emitted from, or which results from the construction or
operation of, such facility, the size and nature of the proposed
facility, the degree of continuous emission reduction which could
be achieved by such facility, and such other factors as may be
relevant in determining the effect of emissions from a proposed
facility on any air quality control region,
(C) shall require the results of such analysis shall be
available at the time of the public hearing on the application
for such permit, and
(D) shall specify with reasonable particularity each air
quality model or models to be used under specified sets of
conditions for purposes of this part.
Any model or models designated under such regulations may be
adjusted upon a determination, after notice and opportunity for
public hearing, by the Administrator that such adjustment is
necessary to take into account unique terrain or meteorological
characteristics of an area potentially affected by emissions from a
source applying for a permit required under this part.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 165, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 735; amended Pub. L.
95-190, Sec. 14(a)(44)-(51), Nov. 16, 1977, 91 Stat. 1402.)
-MISC1-
AMENDMENTS
1977 - Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(44),
substituted "part;" for "part:".
Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(45), inserted
provision making applicable requirement of section 7410(j) of this
title.
Subsec. (b). Pub. L. 95-190, Sec. 14(a)(46), inserted "cause or"
before "contribute" and struck out "actual" before "allowable
emissions".
Subsec. (d)(2)(C). Pub. L. 95-190, Sec. 14(a)(47)-(49), in cl.
(ii) substituted "contribute" for "contrbute", in cl. (iii)
substituted "quality-related" for "quality related" and
"concentrations which" for "concentrations, which", and in cl. (iv)
substituted "such facility" for "such sources" and "will not cause
or contribute to concentrations of such pollutant which exceed" for
"together with all other sources, will not exceed".
Subsec. (d)(2)(D). Pub. L. 95-190, Sec. 14(a)(50), (51), in cl.
(iii) substituted provisions relating to determinations of amounts
of emissions of sulfur oxides from facilities, for provisions
relating to determinations of amounts of emissions of sulfur oxides
from sources operating under permits issued pursuant to this
subpar., together with all other sources, and added cl. (iv).
-End-
-CITE-
42 USC Sec. 7476 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7476. Other pollutants
-STATUTE-
(a) Hydrocarbons, carbon monoxide, petrochemical oxidants, and
nitrogen oxides
In the case of the pollutants hydrocarbons, carbon monoxide,
photochemical oxidants, and nitrogen oxides, the Administrator
shall conduct a study and not later than two years after August 7,
1977, promulgate regulations to prevent the significant
deterioration of air quality which would result from the emissions
of such pollutants. In the case of pollutants for which national
ambient air quality standards are promulgated after August 7, 1977,
he shall promulgate such regulations not more than 2 years after
the date of promulgation of such standards.
(b) Effective date of regulations
Regulations referred to in subsection (a) of this section shall
become effective one year after the date of promulgation. Within 21
months after such date of promulgation such plan revision shall be
submitted to the Administrator who shall approve or disapprove the
plan within 25 months after such date or (!1) promulgation in the
same manner as required under section 7410 of this title.
(c) Contents of regulations
Such regulations shall provide specific numerical measures
against which permit applications may be evaluated, a framework for
stimulating improved control technology, protection of air quality
values, and fulfill the goals and purposes set forth in section
7401 and section 7470 of this title.
(d) Specific measures to fulfill goals and purposes
The regulations of the Administrator under subsection (a) of this
section shall provide specific measures at least as effective as
the increments established in section 7473 of this title to fulfill
such goals and purposes, and may contain air quality increments,
emission density requirements, or other measures.
(e) Area classification plan not required
With respect to any air pollutant for which a national ambient
air quality standard is established other than sulfur oxides or
particulate matter, an area classification plan shall not be
required under this section if the implementation plan adopted by
the State and submitted for the Administrator's approval or
promulgated by the Administrator under section 7410(c) of this
title contains other provisions which when considered as a whole,
the Administrator finds will carry out the purposes in section 7470
of this title at least as effectively as an area classification
plan for such pollutant. Such other provisions referred to in the
preceding sentence need not require the establishment of maximum
allowable increases with respect to such pollutant for any area to
which this section applies.
(f) PM-10 increments
The Administrator is authorized to substitute, for the maximum
allowable increases in particulate matter specified in section
7473(b) of this title and section 7475(d)(2)(C)(iv) of this title,
maximum allowable increases in particulate matter with an
aerodynamic diameter smaller than or equal to 10 micrometers. Such
substituted maximum allowable increases shall be of equal
stringency in effect as those specified in the provisions for which
they are substituted. Until the Administrator promulgates
regulations under the authority of this subsection, the current
maximum allowable increases in concentrations of particulate matter
shall remain in effect.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 166, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 739; amended Pub. L.
101-549, title I, Sec. 105(b), Nov. 15, 1990, 104 Stat. 2462.)
-MISC1-
AMENDMENTS
1990 - Subsec. (f). Pub. L. 101-549 added subsec. (f).
-FOOTNOTE-
(!1) So in original. Probably should be "of".
-End-
-CITE-
42 USC Sec. 7477 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7477. Enforcement
-STATUTE-
The Administrator shall, and a State may, take such measures,
including issuance of an order, or seeking injunctive relief, as
necessary to prevent the construction or modification of a major
emitting facility which does not conform to the requirements of
this part, or which is proposed to be constructed in any area
designated pursuant to section 7407(d) of this title as attainment
or unclassifiable and which is not subject to an implementation
plan which meets the requirements of this part.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 167, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L.
101-549, title I, Sec. 110(3), title VII, Sec. 708, Nov. 15, 1990,
104 Stat. 2470, 2684.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549, Sec. 708, substituted "construction or
modification of a major emitting facility" for "construction of a
major emitting facility".
Pub. L. 101-549, Sec. 110(3), substituted "designated pursuant to
section 7407(d) as attainment or unclassifiable" for "included in
the list promulgated pursuant to paragraph (1)(D) or (E) of
subsection (d) of section 7407 of this title".
-End-
-CITE-
42 USC Sec. 7478 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7478. Period before plan approval
-STATUTE-
(a) Existing regulations to remain in effect
Until such time as an applicable implementation plan is in effect
for any area, which plan meets the requirements of this part to
prevent significant deterioration of air quality with respect to
any air pollutant, applicable regulations under this chapter prior
to August 7, 1977, shall remain in effect to prevent significant
deterioration of air quality in any such area for any such
pollutant except as otherwise provided in subsection (b) of this
section.
(b) Regulations deemed amended; construction commenced after June
1, 1975
If any regulation in effect prior to August 7, 1977, to prevent
significant deterioration of air quality would be inconsistent with
the requirements of section 7472(a), section 7473(b) or section
7474(a) of this title, then such regulations shall be deemed
amended so as to conform with such requirements. In the case of a
facility on which construction was commenced (in accordance with
the definition of "commenced" in section 7479(2) of this title)
after June 1, 1975, and prior to August 7, 1977, the review and
permitting of such facility shall be in accordance with the
regulations for the prevention of significant deterioration in
effect prior to August 7, 1977.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 168, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L.
95-190, Sec. 14(a)(52), Nov. 16, 1977, 91 Stat. 1402.)
-MISC1-
AMENDMENTS
1977 - Subsec. (b). Pub. L. 95-190 substituted "(in accordance
with the definition of 'commenced' in section 7479(2) of this
title)" for "in accordance with this definition".
-End-
-CITE-
42 USC Sec. 7479 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart i - clean air
-HEAD-
Sec. 7479. Definitions
-STATUTE-
For purposes of this part -
(1) The term "major emitting facility" means any of the
following stationary sources of air pollutants which emit, or
have the potential to emit, one hundred tons per year or more of
any air pollutant from the following types of stationary sources:
fossil-fuel fired steam electric plants of more than two hundred
and fifty million British thermal units per hour heat input, coal
cleaning plants (thermal dryers), kraft pulp mills, Portland
Cement plants, primary zinc smelters, iron and steel mill plants,
primary aluminum ore reduction plants, primary copper smelters,
municipal incinerators capable of charging more than fifty tons
of refuse per day, hydrofluoric, sulfuric, and nitric acid
plants, petroleum refineries, lime plants, phosphate rock
processing plants, coke oven batteries, sulfur recovery plants,
carbon black plants (furnace process), primary lead smelters,
fuel conversion plants, sintering plants, secondary metal
production facilities, chemical process plants, fossil-fuel
boilers of more than two hundred and fifty million British
thermal units per hour heat input, petroleum storage and transfer
facilities with a capacity exceeding three hundred thousand
barrels, taconite ore processing facilities, glass fiber
processing plants, charcoal production facilities. Such term also
includes any other source with the potential to emit two hundred
and fifty tons per year or more of any air pollutant. This term
shall not include new or modified facilities which are nonprofit
health or education institutions which have been exempted by the
State.
(2)(A) The term "commenced" as applied to construction of a
major emitting facility means that the owner or operator has
obtained all necessary preconstruction approvals or permits
required by Federal, State, or local air pollution emissions and
air quality laws or regulations and either has (i) begun, or
caused to begin, a continuous program of physical on-site
construction of the facility or (ii) entered into binding
agreements or contractual obligations, which cannot be canceled
or modified without substantial loss to the owner or operator, to
undertake a program of construction of the facility to be
completed within a reasonable time.
(B) The term "necessary preconstruction approvals or permits"
means those permits or approvals, required by the permitting
authority as a precondition to undertaking any activity under
clauses (i) or (ii) of subparagraph (A) of this paragraph.
(C) The term "construction" when used in connection with any
source or facility, includes the modification (as defined in
section 7411(a) of this title) of any source or facility.
(3) The term "best available control technology" means an
emission limitation based on the maximum degree of reduction of
each pollutant subject to regulation under this chapter emitted
from or which results from any major emitting facility, which the
permitting authority, on a case-by-case basis, taking into
account energy, environmental, and economic impacts and other
costs, determines is achievable for such facility through
application of production processes and available methods,
systems, and techniques, including fuel cleaning, clean fuels, or
treatment or innovative fuel combustion techniques for control of
each such pollutant. In no event shall application of "best
available control technology" result in emissions of any
pollutants which will exceed the emissions allowed by any
applicable standard established pursuant to section 7411 or 7412
of this title. Emissions from any source utilizing clean fuels,
or any other means, to comply with this paragraph shall not be
allowed to increase above levels that would have been required
under this paragraph as it existed prior to November 15, 1990.
(4) The term "baseline concentration" means, with respect to a
pollutant, the ambient concentration levels which exist at the
time of the first application for a permit in an area subject to
this part, based on air quality data available in the
Environmental Protection Agency or a State air pollution control
agency and on such monitoring data as the permit applicant is
required to submit. Such ambient concentration levels shall take
into account all projected emissions in, or which may affect,
such area from any major emitting facility on which construction
commenced prior to January 6, 1975, but which has not begun
operation by the date of the baseline air quality concentration
determination. Emissions of sulfur oxides and particulate matter
from any major emitting facility on which construction commenced
after January 6, 1975, shall not be included in the baseline and
shall be counted against the maximum allowable increases in
pollutant concentrations established under this part.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 169, as added Pub. L. 95-95,
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 740; amended Pub. L.
95-190, Sec. 14(a)(54), Nov. 16, 1977, 91 Stat. 1402; Pub. L. 101-
549, title III, Sec. 305(b), title IV, Sec. 403(d), Nov. 15, 1990,
104 Stat. 2583, 2631.)
-MISC1-
AMENDMENTS
1990 - Par. (1). Pub. L. 101-549, Sec. 305(b), struck out "two
hundred and" after "municipal incinerators capable of charging more
than".
Par. (3). Pub. L. 101-549, Sec. 403(d), directed the insertion of
", clean fuels," after "including fuel cleaning,", which was
executed by making the insertion after "including fuel cleaning" to
reflect the probable intent of Congress, and inserted at end
"Emissions from any source utilizing clean fuels, or any other
means, to comply with this paragraph shall not be allowed to
increase above levels that would have been required under this
paragraph as it existed prior to November 15, 1990."
1977 - Par. (2)(C). Pub. L. 95-190 added subpar. (C).
STUDY OF MAJOR EMITTING FACILITIES WITH POTENTIAL OF EMITTING 250
TONS PER YEAR
Section 127(b) of Pub. L. 95-95 directed Administrator, within 1
year after Aug. 7, 1977, to report to Congress on consequences of
that portion of definition of "major emitting facility" under this
subpart which applies to facilities with potential to emit 250 tons
per year or more.
-End-
-CITE-
42 USC subpart ii - visibility protection 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart ii - visibility protection
-HEAD-
SUBPART II - VISIBILITY PROTECTION
-COD-
CODIFICATION
As originally enacted, subpart II of part C of subchapter I of
this chapter was added following section 7478 of this title. Pub.
L. 95-190, Sec. 14(a)(53), Nov. 16, 1977, 91 Stat. 1402, struck out
subpart II and inserted such subpart following section 7479 of this
title.
-End-
-CITE-
42 USC Sec. 7491 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart ii - visibility protection
-HEAD-
Sec. 7491. Visibility protection for Federal class I areas
-STATUTE-
(a) Impairment of visibility; list of areas; study and report
(1) Congress hereby declares as a national goal the prevention of
any future, and the remedying of any existing, impairment of
visibility in mandatory class I Federal areas which impairment
results from manmade air pollution.
(2) Not later than six months after August 7, 1977, the Secretary
of the Interior in consultation with other Federal land managers
shall review all mandatory class I Federal areas and identify those
where visibility is an important value of the area. From time to
time the Secretary of the Interior may revise such identifications.
Not later than one year after August 7, 1977, the Administrator
shall, after consultation with the Secretary of the Interior,
promulgate a list of mandatory class I Federal areas in which he
determines visibility is an important value.
(3) Not later than eighteen months after August 7, 1977, the
Administrator shall complete a study and report to Congress on
available methods for implementing the national goal set forth in
paragraph (1). Such report shall include recommendations for -
(A) methods for identifying, characterizing, determining,
quantifying, and measuring visibility impairment in Federal areas
referred to in paragraph (1), and
(B) modeling techniques (or other methods) for determining the
extent to which manmade air pollution may reasonably be
anticipated to cause or contribute to such impairment, and
(C) methods for preventing and remedying such manmade air
pollution and resulting visibility impairment.
Such report shall also identify the classes or categories of
sources and the types of air pollutants which, alone or in
conjunction with other sources or pollutants, may reasonably be
anticipated to cause or contribute significantly to impairment of
visibility.
(4) Not later than twenty-four months after August 7, 1977, and
after notice and public hearing, the Administrator shall promulgate
regulations to assure (A) reasonable progress toward meeting the
national goal specified in paragraph (1), and (B) compliance with
the requirements of this section.
(b) Regulations
Regulations under subsection (a)(4) of this section shall -
(1) provide guidelines to the States, taking into account the
recommendations under subsection (a)(3) of this section on
appropriate techniques and methods for implementing this section
(as provided in subparagraphs (A) through (C) of such subsection
(a)(3)), and
(2) require each applicable implementation plan for a State in
which any area listed by the Administrator under subsection
(a)(2) of this section is located (or for a State the emissions
from which may reasonably be anticipated to cause or contribute
to any impairment of visibility in any such area) to contain such
emission limits, schedules of compliance and other measures as
may be necessary to make reasonable progress toward meeting the
national goal specified in subsection (a) of this section,
including -
(A) except as otherwise provided pursuant to subsection (c)
of this section, a requirement that each major stationary
source which is in existence on August 7, 1977, but which has
not been in operation for more than fifteen years as of such
date, and which, as determined by the State (or the
Administrator in the case of a plan promulgated under section
7410(c) of this title) emits any air pollutant which may
reasonably be anticipated to cause or contribute to any
impairment of visibility in any such area, shall procure,
install, and operate, as expeditiously as practicable (and
maintain thereafter) the best available retrofit technology, as
determined by the State (or the Administrator in the case of a
plan promulgated under section 7410(c) of this title) for
controlling emissions from such source for the purpose of
eliminating or reducing any such impairment, and
(B) a long-term (ten to fifteen years) strategy for making
reasonable progress toward meeting the national goal specified
in subsection (a) of this section.
In the case of a fossil-fuel fired generating powerplant having a
total generating capacity in excess of 750 megawatts, the emission
limitations required under this paragraph shall be determined
pursuant to guidelines, promulgated by the Administrator under
paragraph (1).
(c) Exemptions
(1) The Administrator may, by rule, after notice and opportunity
for public hearing, exempt any major stationary source from the
requirement of subsection (b)(2)(A) of this section, upon his
determination that such source does not or will not, by itself or
in combination with other sources, emit any air pollutant which may
reasonably be anticipated to cause or contribute to a significant
impairment of visibility in any mandatory class I Federal area.
(2) Paragraph (1) of this subsection shall not be applicable to
any fossil-fuel fired powerplant with total design capacity of 750
megawatts or more, unless the owner or operator of any such plant
demonstrates to the satisfaction of the Administrator that such
powerplant is located at such distance from all areas listed by the
Administrator under subsection (a)(2) of this section that such
powerplant does not or will not, by itself or in combination with
other sources, emit any air pollutant which may reasonably be
anticipated to cause or contribute to significant impairment of
visibility in any such area.
(3) An exemption under this subsection shall be effective only
upon concurrence by the appropriate Federal land manager or
managers with the Administrator's determination under this
subsection.
(d) Consultations with appropriate Federal land managers
Before holding the public hearing on the proposed revision of an
applicable implementation plan to meet the requirements of this
section, the State (or the Administrator, in the case of a plan
promulgated under section 7410(c) of this title) shall consult in
person with the appropriate Federal land manager or managers and
shall include a summary of the conclusions and recommendations of
the Federal land managers in the notice to the public.
(e) Buffer zones
In promulgating regulations under this section, the Administrator
shall not require the use of any automatic or uniform buffer zone
or zones.
(f) Nondiscretionary duty
For purposes of section 7604(a)(2) of this title, the meeting of
the national goal specified in subsection (a)(1) of this section by
any specific date or dates shall not be considered a
"nondiscretionary duty" of the Administrator.
(g) Definitions
For the purpose of this section -
(1) in determining reasonable progress there shall be taken
into consideration the costs of compliance, the time necessary
for compliance, and the energy and nonair quality environmental
impacts of compliance, and the remaining useful life of any
existing source subject to such requirements;
(2) in determining best available retrofit technology the State
(or the Administrator in determining emission limitations which
reflect such technology) shall take into consideration the costs
of compliance, the energy and nonair quality environmental
impacts of compliance, any existing pollution control technology
in use at the source, the remaining useful life of the source,
and the degree of improvement in visibility which may reasonably
be anticipated to result from the use of such technology;
(3) the term "manmade air pollution" means air pollution which
results directly or indirectly from human activities;
(4) the term "as expeditiously as practicable" means as
expeditiously as practicable but in no event later than five
years after the date of approval of a plan revision under this
section (or the date of promulgation of such a plan revision in
the case of action by the Administrator under section 7410(c) of
this title for purposes of this section);
(5) the term "mandatory class I Federal areas" means Federal
areas which may not be designated as other than class I under
this part;
(6) the terms "visibility impairment" and "impairment of
visibility" shall include reduction in visual range and
atmospheric discoloration; and
(7) the term "major stationary source" means the following
types of stationary sources with the potential to emit 250 tons
or more of any pollutant: fossil-fuel fired steam electric plants
of more than 250 million British thermal units per hour heat
input, coal cleaning plants (thermal dryers), kraft pulp mills,
Portland Cement plants, primary zinc smelters, iron and steel
mill plants, primary aluminum ore reduction plants, primary
copper smelters, municipal incinerators capable of charging more
than 250 tons of refuse per day, hydrofluoric, sulfuric, and
nitric acid plants, petroleum refineries, lime plants, phosphate
rock processing plants, coke oven batteries, sulfur recovery
plants, carbon black plants (furnace process), primary lead
smelters, fuel conversion plants, sintering plants, secondary
metal production facilities, chemical process plants, fossil-fuel
boilers of more than 250 million British thermal units per hour
heat input, petroleum storage and transfer facilities with a
capacity exceeding 300,000 barrels, taconite ore processing
facilities, glass fiber processing plants, charcoal production
facilities.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 169A, as added Pub. L. 95-
95, title I, Sec. 128, Aug. 7, 1977, 91 Stat. 742.)
-MISC1-
EFFECTIVE DATE
Subpart effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7492 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part C - Prevention of Significant Deterioration of Air Quality
subpart ii - visibility protection
-HEAD-
Sec. 7492. Visibility
-STATUTE-
(a) Studies
(1) The Administrator, in conjunction with the National Park
Service and other appropriate Federal agencies, shall conduct
research to identify and evaluate sources and source regions of
both visibility impairment and regions that provide predominantly
clean air in class I areas. A total of $8,000,000 per year for 5
years is authorized to be appropriated for the Environmental
Protection Agency and the other Federal agencies to conduct this
research. The research shall include -
(A) expansion of current visibility related monitoring in class
I areas;
(B) assessment of current sources of visibility impairing
pollution and clean air corridors;
(C) adaptation of regional air quality models for the
assessment of visibility;
(D) studies of atmospheric chemistry and physics of visibility.
(2) Based on the findings available from the research required in
subsection (a)(1) of this section as well as other available
scientific and technical data, studies, and other available
information pertaining to visibility source-receptor relationships,
the Administrator shall conduct an assessment and evaluation that
identifies, to the extent possible, sources and source regions of
visibility impairment including natural sources as well as source
regions of clear air for class I areas. The Administrator shall
produce interim findings from this study within 3 years after
November 15, 1990.
(b) Impacts of other provisions
Within 24 months after November 15, 1990, the Administrator shall
conduct an assessment of the progress and improvements in
visibility in class I areas that are likely to result from the
implementation of the provisions of the Clean Air Act Amendments of
1990 other than the provisions of this section. Every 5 years
thereafter the Administrator shall conduct an assessment of actual
progress and improvement in visibility in class I areas. The
Administrator shall prepare a written report on each assessment and
transmit copies of these reports to the appropriate committees of
Congress.
(c) Establishment of visibility transport regions and commissions
(1) Authority to establish visibility transport regions
Whenever, upon the Administrator's motion or by petition from
the Governors of at least two affected States, the Administrator
has reason to believe that the current or projected interstate
transport of air pollutants from one or more States contributes
significantly to visibility impairment in class I areas located
in the affected States, the Administrator may establish a
transport region for such pollutants that includes such States.
The Administrator, upon the Administrator's own motion or upon
petition from the Governor of any affected State, or upon the
recommendations of a transport commission established under
subsection (b) of this section (!1) may -
(A) add any State or portion of a State to a visibility
transport region when the Administrator determines that the
interstate transport of air pollutants from such State
significantly contributes to visibility impairment in a class I
area located within the transport region, or
(B) remove any State or portion of a State from the region
whenever the Administrator has reason to believe that the
control of emissions in that State or portion of the State
pursuant to this section will not significantly contribute to
the protection or enhancement of visibility in any class I area
in the region.
(2) Visibility transport commissions
Whenever the Administrator establishes a transport region under
subsection (c)(1) of this section, the Administrator shall
establish a transport commission comprised of (as a minimum) each
of the following members:
(A) the Governor of each State in the Visibility Transport
Region, or the Governor's designee;
(B) The (!2) Administrator or the Administrator's designee;
and
(C) A (!2) representative of each Federal agency charged with
the direct management of each class I area or areas within the
Visibility Transport Region.
(3) Ex officio members
All representatives of the Federal Government shall be ex
officio members.
(4) Federal Advisory Committee Act
The visibility transport commissions shall be exempt from the
requirements of the Federal Advisory Committee Act [5 U.S.C.
App.].
(d) Duties of visibility transport commissions
A Visibility Transport Commission -
(1) shall assess the scientific and technical data, studies,
and other currently available information, including studies
conducted pursuant to subsection (a)(1) of this section,
pertaining to adverse impacts on visibility from potential or
projected growth in emissions from sources located in the
Visibility Transport Region; and
(2) shall, within 4 years of establishment, issue a report to
the Administrator recommending what measures, if any, should be
taken under this chapter to remedy such adverse impacts. The
report required by this subsection shall address at least the
following measures:
(A) the establishment of clean air corridors, in which
additional restrictions on increases in emissions may be
appropriate to protect visibility in affected class I areas;
(B) the imposition of the requirements of part D of this
subchapter affecting the construction of new major stationary
sources or major modifications to existing sources in such
clean air corridors specifically including the alternative
siting analysis provisions of section 7503(a)(5) of this title;
and
(C) the promulgation of regulations under section 7491 of
this title to address long range strategies for addressing
regional haze which impairs visibility in affected class I
areas.
(e) Duties of Administrator
(1) The Administrator shall, taking into account the studies
pursuant to subsection (a)(1) of this section and the reports
pursuant to subsection (d)(2) of this section and any other
relevant information, within eighteen months of receipt of the
report referred to in subsection (d)(2) of this section, carry out
the Administrator's regulatory responsibilities under section 7491
of this title, including criteria for measuring "reasonable
progress" toward the national goal.
(2) Any regulations promulgated under section 7491 of this title
pursuant to this subsection shall require affected States to revise
within 12 months their implementation plans under section 7410 of
this title to contain such emission limits, schedules of
compliance, and other measures as may be necessary to carry out
regulations promulgated pursuant to this subsection.
(f) Grand Canyon visibility transport commission
The Administrator pursuant to subsection (c)(1) of this section
shall, within 12 months, establish a visibility transport
commission for the region affecting the visibility of the Grand
Canyon National Park.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 169B, as added Pub. L. 101-
549, title VIII, Sec. 816, Nov. 15, 1990, 104 Stat. 2695.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act Amendments of 1990, referred to in subsec. (b),
probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399. For
complete classification of this Act to the Code, see Short Title
note set out under section 7401 of this title and Tables.
The Federal Advisory Committee Act, referred to in subsec.
(c)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
-FOOTNOTE-
(!1) So in original. Words "subsection (b) of this section" probably
should be "paragraph (2)".
(!2) So in original. Probably should not be capitalized.
-End-
-CITE-
42 USC Part D - Plan Requirements for Nonattainment Areas 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
-HEAD-
PART D - PLAN REQUIREMENTS FOR NONATTAINMENT AREAS
-End-
-CITE-
42 USC subpart 1 - nonattainment areas in general 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
SUBPART 1 - NONATTAINMENT AREAS IN GENERAL
-End-
-CITE-
42 USC Sec. 7501 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7501. Definitions
-STATUTE-
For the purpose of this part -
(1) Reasonable further progress. - The term "reasonable further
progress" means such annual incremental reductions in emissions
of the relevant air pollutant as are required by this part or may
reasonably be required by the Administrator for the purpose of
ensuring attainment of the applicable national ambient air
quality standard by the applicable date.
(2) Nonattainment area. - The term "nonattainment area" means,
for any air pollutant, an area which is designated
"nonattainment" with respect to that pollutant within the meaning
of section 7407(d) of this title.
(3) The term "lowest achievable emission rate" means for any
source, that rate of emissions which reflects -
(A) the most stringent emission limitation which is contained
in the implementation plan of any State for such class or
category of source, unless the owner or operator of the
proposed source demonstrates that such limitations are not
achievable, or
(B) the most stringent emission limitation which is achieved
in practice by such class or category of source, whichever is
more stringent.
In no event shall the application of this term permit a proposed
new or modified source to emit any pollutant in excess of the
amount allowable under applicable new source standards of
performance.
(4) The terms "modifications" and "modified" mean the same as
the term "modification" as used in section 7411(a)(4) of this
title.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 171, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 745; amended Pub. L.
101-549, title I, Sec. 102(a)(2), Nov. 15, 1990, 104 Stat. 2412.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549, Sec. 102(a)(2)(A), struck out "and
section 7410(a)(2)(I) of this title" after "purpose of this part".
Pars. (1), (2). Pub. L. 101-549, Sec. 102(a)(2)(B), (C), amended
pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2)
read as follows:
"(1) The term 'reasonable further progress' means annual
incremental reductions in emissions of the applicable air pollutant
(including substantial reductions in the early years following
approval or promulgation of plan provisions under this part and
section 7410(a)(2)(I) of this title and regular reductions
thereafter) which are sufficient in the judgment of the
Administrator, to provide for attainment of the applicable national
ambient air quality standard by the date required in section
7502(a) of this title.
"(2) The term 'nonattainment area' means, for any air pollutant
an area which is shown by monitored data or which is calculated by
air quality modeling (or other methods determined by the
Administrator to be reliable) to exceed any national ambient air
quality standard for such pollutant. Such term includes any area
identified under subparagraphs (A) through (C) of section
7407(d)(1) of this title."
EFFECTIVE DATE
Part effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7502 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7502. Nonattainment plan provisions in general
-STATUTE-
(a) Classifications and attainment dates
(1) Classifications
(A) On or after the date the Administrator promulgates the
designation of an area as a nonattainment area pursuant to
section 7407(d) of this title with respect to any national
ambient air quality standard (or any revised standard, including
a revision of any standard in effect on November 15, 1990), the
Administrator may classify the area for the purpose of applying
an attainment date pursuant to paragraph (2), and for other
purposes. In determining the appropriate classification, if any,
for a nonattainment area, the Administrator may consider such
factors as the severity of nonattainment in such area and the
availability and feasibility of the pollution control measures
that the Administrator believes may be necessary to provide for
attainment of such standard in such area.
(B) The Administrator shall publish a notice in the Federal
Register announcing each classification under subparagraph (A),
except the Administrator shall provide an opportunity for at
least 30 days for written comment. Such classification shall not
be subject to the provisions of sections 553 through 557 of title
5 (concerning notice and comment) and shall not be subject to
judicial review until the Administrator takes final action under
subsection (k) or (l) of section 7410 of this title (concerning
action on plan submissions) or section 7509 of this title
(concerning sanctions) with respect to any plan submissions
required by virtue of such classification.
(C) This paragraph shall not apply with respect to
nonattainment areas for which classifications are specifically
provided under other provisions of this part.
(2) Attainment dates for nonattainment areas
(A) The attainment date for an area designated nonattainment
with respect to a national primary ambient air quality standard
shall be the date by which attainment can be achieved as
expeditiously as practicable, but no later than 5 years from the
date such area was designated nonattainment under section 7407(d)
of this title, except that the Administrator may extend the
attainment date to the extent the Administrator determines
appropriate, for a period no greater than 10 years from the date
of designation as nonattainment, considering the severity of
nonattainment and the availability and feasibility of pollution
control measures.
(B) The attainment date for an area designated nonattainment
with respect to a secondary national ambient air quality standard
shall be the date by which attainment can be achieved as
expeditiously as practicable after the date such area was
designated nonattainment under section 7407(d) of this title.
(C) Upon application by any State, the Administrator may extend
for 1 additional year (hereinafter referred to as the "Extension
Year") the attainment date determined by the Administrator under
subparagraph (A) or (B) if -
(i) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan, and
(ii) in accordance with guidance published by the
Administrator, no more than a minimal number of exceedances of
the relevant national ambient air quality standard has occurred
in the area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
subparagraph for a single nonattainment area.
(D) This paragraph shall not apply with respect to
nonattainment areas for which attainment dates are specifically
provided under other provisions of this part.
(b) Schedule for plan submissions
At the time the Administrator promulgates the designation of an
area as nonattainment with respect to a national ambient air
quality standard under section 7407(d) of this title, the
Administrator shall establish a schedule according to which the
State containing such area shall submit a plan or plan revision
(including the plan items) meeting the applicable requirements of
subsection (c) of this section and section 7410(a)(2) of this
title. Such schedule shall at a minimum, include a date or dates,
extending no later than 3 years from the date of the nonattainment
designation, for the submission of a plan or plan revision
(including the plan items) meeting the applicable requirements of
subsection (c) of this section and section 7410(a)(2) of this
title.
(c) Nonattainment plan provisions
The plan provisions (including plan items) required to be
submitted under this part shall comply with each of the following:
(1) In general
Such plan provisions shall provide for the implementation of
all reasonably available control measures as expeditiously as
practicable (including such reductions in emissions from existing
sources in the area as may be obtained through the adoption, at a
minimum, of reasonably available control technology) and shall
provide for attainment of the national primary ambient air
quality standards.
(2) RFP
Such plan provisions shall require reasonable further progress.
(3) Inventory
Such plan provisions shall include a comprehensive, accurate,
current inventory of actual emissions from all sources of the
relevant pollutant or pollutants in such area, including such
periodic revisions as the Administrator may determine necessary
to assure that the requirements of this part are met.
(4) Identification and quantification
Such plan provisions shall expressly identify and quantify the
emissions, if any, of any such pollutant or pollutants which will
be allowed, in accordance with section 7503(a)(1)(B) of this
title, from the construction and operation of major new or
modified stationary sources in each such area. The plan shall
demonstrate to the satisfaction of the Administrator that the
emissions quantified for this purpose will be consistent with the
achievement of reasonable further progress and will not interfere
with attainment of the applicable national ambient air quality
standard by the applicable attainment date.
(5) Permits for new and modified major stationary sources
Such plan provisions shall require permits for the construction
and operation of new or modified major stationary sources
anywhere in the nonattainment area, in accordance with section
7503 of this title.
(6) Other measures
Such plan provisions shall include enforceable emission
limitations, and such other control measures, means or techniques
(including economic incentives such as fees, marketable permits,
and auctions of emission rights), as well as schedules and
timetables for compliance, as may be necessary or appropriate to
provide for attainment of such standard in such area by the
applicable attainment date specified in this part.
(7) Compliance with section 7410(a)(2)
Such plan provisions shall also meet the applicable provisions
of section 7410(a)(2) of this title.
(8) Equivalent techniques
Upon application by any State, the Administrator may allow the
use of equivalent modeling, emission inventory, and planning
procedures, unless the Administrator determines that the proposed
techniques are, in the aggregate, less effective than the methods
specified by the Administrator.
(9) Contingency measures
Such plan shall provide for the implementation of specific
measures to be undertaken if the area fails to make reasonable
further progress, or to attain the national primary ambient air
quality standard by the attainment date applicable under this
part. Such measures shall be included in the plan revision as
contingency measures to take effect in any such case without
further action by the State or the Administrator.
(d) Plan revisions required in response to finding of plan
inadequacy
Any plan revision for a nonattainment area which is required to
be submitted in response to a finding by the Administrator pursuant
to section 7410(k)(5) of this title (relating to calls for plan
revisions) must correct the plan deficiency (or deficiencies)
specified by the Administrator and meet all other applicable plan
requirements of section 7410 of this title and this part. The
Administrator may reasonably adjust the dates otherwise applicable
under such requirements to such revision (except for attainment
dates that have not yet elapsed), to the extent necessary to
achieve a consistent application of such requirements. In order to
facilitate submittal by the States of adequate and approvable plans
consistent with the applicable requirements of this chapter, the
Administrator shall, as appropriate and from time to time, issue
written guidelines, interpretations, and information to the States
which shall be available to the public, taking into consideration
any such guidelines, interpretations, or information provided
before November 15, 1990.
(e) Future modification of standard
If the Administrator relaxes a national primary ambient air
quality standard after November 15, 1990, the Administrator shall,
within 12 months after the relaxation, promulgate requirements
applicable to all areas which have not attained that standard as of
the date of such relaxation. Such requirements shall provide for
controls which are not less stringent than the controls applicable
to areas designated nonattainment before such relaxation.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 172, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 746; amended Pub. L.
95-190, Sec. 14(a)(55), (56), Nov. 16, 1977, 91 Stat. 1402; Pub. L.
101-549, title I, Sec. 102(b), Nov. 15, 1990, 104 Stat. 2412.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
expeditious attainment of national ambient air quality standards;
in subsec. (b), requisite provisions of plan; and in subsec. (c),
attainment of applicable standard not later than July 1, 1987.
1977 - Subsec. (b)(4). Pub. L. 95-190, Sec. 14(a)(55),
substituted "subsection (a) of this section" for "paragraph (1)".
Subsec. (c). Pub. L. 95-190, Sec. 14(a)(56), substituted
"December 31" for "July 1".
NONATTAINMENT AREAS
Section 129(a) of Pub. L. 95-95, as amended by Pub. L. 95-190,
Sec. 14(b)(2), (3), Nov. 16, 1977, 91 Stat. 1404, provided that:
"(1) Before July 1, 1979, the interpretative regulation of the
Administrator of the Environmental Protection Agency published in
41 Federal Register 55524-30, December 21, 1976, as may be modified
by rule of the Administrator, shall apply except that the baseline
to be used for determination of appropriate emission offsets under
such regulation shall be the applicable implementation plan of the
State in effect at the time of application for a permit by a
proposed major stationary source (within the meaning of section 302
of the Clean Air Act) [section 7602 of this title].
"(2) Before July 1, 1979, the requirements of the regulation
referred to in paragraph (1) shall be waived by the Administrator
with respect to any pollutant if he determines that the State has -
"(A) an inventory of emissions of the applicable pollutant for
each nonattainment area (as defined in section 171 of the Clean
Air Act [section 7501 of this title]) that identifies the type,
quantity, and source of such pollutant so as to provide
information sufficient to demonstrate that the requirements of
subparagraph (C) are being met;
"(B) an enforceable permit program which -
"(i) requires new or modified major stationary sources to
meet emission limitations at least as stringent as required
under the permit requirements referred to in paragraphs (2) and
(3) of section 173 of the Clean Air Act [section 7503 of this
title] (relating to lowest achievable emission rate and
compliance by other sources) and which assures compliance with
the annual reduction requirements of subparagraph (C); and
"(ii) requires existing sources to achieve such reduction in
emissions in the area as may be obtained through the adoption,
at a minimum of reasonably available control technology, and
"(C) a program which requires reductions in total allowable
emissions in the area prior to July 1, 1979, so as to provide for
the same level of emission reduction as would result from the
application of the regulation referred to in paragraph (1).
The Administrator shall terminate such waiver if in his judgment
the reduction in emissions actually being attained is less than the
reduction on which the waiver was conditioned pursuant to
subparagraph (C), or if the Administrator determines that the State
is no longer in compliance with any requirement of this paragraph.
Upon application by the State, the Administrator may reinstate a
waiver terminated under the preceding sentence if he is satisfied
that such State is in compliance with all requirements of this
subsection.
"(3) Operating permits may be issued to those applicants who were
properly granted construction permits, in accordance with the law
and applicable regulations in effect at the time granted, for
construction of a new or modified source in areas exceeding
national primary air quality standards on or before the date of the
enactment of this Act [Aug. 7, 1977] if such construction permits
were granted prior to the date of the enactment of this Act and the
person issued any such permit is able to demonstrate that the
emissions from the source will be within the limitations set forth
in such construction permit."
STATE IMPLEMENTATION PLAN REVISION
Section 129(c) of Pub. L. 95-95, as amended by Pub. L. 95-190,
Sec. 14(b)(4), Nov. 16, 1977, 91 Stat. 1405, provided that:
"Notwithstanding the requirements of section 406(d)(2) [set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title] (relating to date required for submission of certain
implementation plan revisions), for purposes of section 110(a)(2)
of the Clean Air Act [section 7410(a)(2) of this title] each State
in which there is any nonattainment area (as defined in part D of
title I of the Clean Air Act) [this part] shall adopt and submit an
implementation plan revision which meets the requirements of
section 110(a)(2)(I) [section 7410(a)(2)(I) of this title] and part
D of title I of the Clean Air Act [this part] not later than
January 1, 1979. In the case of any State for which a plan revision
adopted and submitted before such date has made the demonstration
required under section 172(a)(2) of the Clean Air Act [subsec.
(a)(2) of this section] (respecting impossibility of attainment
before 1983), such State shall adopt and submit to the
Administrator a plan revision before July 1, 1982, which meets the
requirements of section 172(b) and (c) of such Act [subsecs. (b)
and (c) of this section]."
-End-
-CITE-
42 USC Sec. 7503 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7503. Permit requirements
-STATUTE-
(a) In general
The permit program required by section 7502(b)(6) (!1) of this
title shall provide that permits to construct and operate may be
issued if -
(1) in accordance with regulations issued by the Administrator
for the determination of baseline emissions in a manner
consistent with the assumptions underlying the applicable
implementation plan approved under section 7410 of this title and
this part, the permitting agency determines that -
(A) by the time the source is to commence operation,
sufficient offsetting emissions reductions have been obtained,
such that total allowable emissions from existing sources in
the region, from new or modified sources which are not major
emitting facilities, and from the proposed source will be
sufficiently less than total emissions from existing sources
(as determined in accordance with the regulations under this
paragraph) prior to the application for such permit to
construct or modify so as to represent (when considered
together with the plan provisions required under section 7502
of this title) reasonable further progress (as defined in
section 7501 of this title); or
(B) in the case of a new or modified major stationary source
which is located in a zone (within the nonattainment area)
identified by the Administrator, in consultation with the
Secretary of Housing and Urban Development, as a zone to which
economic development should be targeted, that emissions of such
pollutant resulting from the proposed new or modified major
stationary source will not cause or contribute to emissions
levels which exceed the allowance permitted for such pollutant
for such area from new or modified major stationary sources
under section 7502(c) of this title;
(2) the proposed source is required to comply with the lowest
achievable emission rate;
(3) the owner or operator of the proposed new or modified
source has demonstrated that all major stationary sources owned
or operated by such person (or by any entity controlling,
controlled by, or under common control with such person) in such
State are subject to emission limitations and are in compliance,
or on a schedule for compliance, with all applicable emission
limitations and standards under this chapter; and (!2)
(4) the Administrator has not determined that the applicable
implementation plan is not being adequately implemented for the
nonattainment area in which the proposed source is to be
constructed or modified in accordance with the requirements of
this part; and
(5) an analysis of alternative sites, sizes, production
processes, and environmental control techniques for such proposed
source demonstrates that benefits of the proposed source
significantly outweigh the environmental and social costs imposed
as a result of its location, construction, or modification.
Any emission reductions required as a precondition of the issuance
of a permit under paragraph (1) shall be federally enforceable
before such permit may be issued.
(b) Prohibition on use of old growth allowances
Any growth allowance included in an applicable implementation
plan to meet the requirements of section 7502(b)(5) of this title
(as in effect immediately before November 15, 1990) shall not be
valid for use in any area that received or receives a notice under
section 7410(a)(2)(H)(ii) of this title (as in effect immediately
before November 15, 1990) or under section 7410(k)(1) of this title
that its applicable implementation plan containing such allowance
is substantially inadequate.
(c) Offsets
(1) The owner or operator of a new or modified major stationary
source may comply with any offset requirement in effect under this
part for increased emissions of any air pollutant only by obtaining
emission reductions of such air pollutant from the same source or
other sources in the same nonattainment area, except that the State
may allow the owner or operator of a source to obtain such emission
reductions in another nonattainment area if (A) the other area has
an equal or higher nonattainment classification than the area in
which the source is located and (B) emissions from such other area
contribute to a violation of the national ambient air quality
standard in the nonattainment area in which the source is located.
Such emission reductions shall be, by the time a new or modified
source commences operation, in effect and enforceable and shall
assure that the total tonnage of increased emissions of the air
pollutant from the new or modified source shall be offset by an
equal or greater reduction, as applicable, in the actual emissions
of such air pollutant from the same or other sources in the area.
(2) Emission reductions otherwise required by this chapter shall
not be creditable as emissions reductions for purposes of any such
offset requirement. Incidental emission reductions which are not
otherwise required by this chapter shall be creditable as emission
reductions for such purposes if such emission reductions meet the
requirements of paragraph (1).
(d) Control technology information
The State shall provide that control technology information from
permits issued under this section will be promptly submitted to the
Administrator for purposes of making such information available
through the RACT/BACT/LAER clearinghouse to other States and to the
general public.
(e) Rocket engines or motors
The permitting authority of a State shall allow a source to
offset by alternative or innovative means emission increases from
rocket engine and motor firing, and cleaning related to such
firing, at an existing or modified major source that tests rocket
engines or motors under the following conditions:
(1) Any modification proposed is solely for the purpose of
expanding the testing of rocket engines or motors at an existing
source that is permitted to test such engines on November 15,
1990.
(2) The source demonstrates to the satisfaction of the
permitting authority of the State that it has used all reasonable
means to obtain and utilize offsets, as determined on an annual
basis, for the emissions increases beyond allowable levels, that
all available offsets are being used, and that sufficient offsets
are not available to the source.
(3) The source has obtained a written finding from the
Department of Defense, Department of Transportation, National
Aeronautics and Space Administration or other appropriate Federal
agency, that the testing of rocket motors or engines at the
facility is required for a program essential to the national
security.
(4) The source will comply with an alternative measure, imposed
by the permitting authority, designed to offset any emission
increases beyond permitted levels not directly offset by the
source. In lieu of imposing any alternative offset measures, the
permitting authority may impose an emissions fee to be paid to
such authority of a State which shall be an amount no greater
than 1.5 times the average cost of stationary source control
measures adopted in that area during the previous 3 years. The
permitting authority shall utilize the fees in a manner that
maximizes the emissions reductions in that area.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 173, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L.
95-190, Sec. 14(a)(57), (58), Nov. 16, 1977, 91 Stat. 1403; Pub. L.
101-549, title I, Sec. 102(c), Nov. 15, 1990, 104 Stat. 2415.)
-REFTEXT-
REFERENCES IN TEXT
Section 7502(b) of this title, referred to in subsec. (a), was
amended generally by Pub. L. 101-549, title I, Sec. 102(b), Nov.
15, 1990, 104 Stat. 2412, and, as so amended, does not contain a
par. (6). See section 7502(c)(5) of this title.
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549, Sec. 102(c)(1), made technical amendment
to section catchline.
Pub. L. 101-549, Sec. 102(c)(2), (8), designated existing
provisions as subsec. (a), inserted heading, and substituted "(1)
shall be federally enforceable" for "(1)(A) shall be legally
binding" in last sentence.
Subsec. (a)(1). Pub. L. 101-549, Sec. 102(c)(3), inserted at
beginning "in accordance with regulations issued by the
Administrator for the determination of baseline emissions in a
manner consistent with the assumptions underlying the applicable
implementation plan approved under section 7410 of this title and
this part,".
Subsec. (a)(1)(A). Pub. L. 101-549, Sec. 102(c)(4), inserted
"sufficient offsetting emissions reductions have been obtained,
such that" after "to commence operation," and substituted "(as
determined in accordance with the regulations under this
paragraph)" for "allowed under the applicable implementation plan".
Subsec. (a)(1)(B). Pub. L. 101-549, Sec. 102(c)(5), inserted at
beginning "in the case of a new or modified major stationary source
which is located in a zone (within the nonattainment area)
identified by the Administrator, in consultation with the Secretary
of Housing and Urban Development, as a zone to which economic
development should be targeted," and substituted "7502(c)" for
"7502(b)".
Subsec. (a)(4). Pub. L. 101-549, Sec. 102(c)(6), inserted at
beginning "the Administrator has not determined that", substituted
"not being adequately implemented" for "being carried out", and
substituted "; and" for period at end.
Subsec. (a)(5). Pub. L. 101-549, Sec. 102(c)(7), added par. (5).
Subsec. (b). Pub. L. 101-549, Sec. 102(c)(9), added subsec. (b).
Subsecs. (c) to (e). Pub. L. 101-549, Sec. 102(c)(10), added
subsecs. (c) to (e).
1977 - Par. (1)(A). Pub. L. 95-190, Sec. 14(a)(57), inserted "or
modified" after "from new" and "applicable" before "implementation
plan", and substituted "source" for "facility" wherever appearing.
Par. (4). Pub. L. 95-190, Sec. 14(a)(58), added par. (4).
FAILURE TO ATTAIN NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARDS
UNDER CLEAN AIR ACT
Pub. L. 100-202, Sec. 101(f) [title II], Dec. 22, 1987, 101 Stat.
1329-187, 1329-199, provided that: "No restriction or prohibition
on construction, permitting, or funding under sections
110(a)(2)(I), 173(4), 176(a), 176(b), or 316 of the Clean Air Act
[sections 7410(a)(2)(I), 7503(4), 7506(a), (b), 7616 of this title]
shall be imposed or take effect during the period prior to August
31, 1988, by reason of (1) the failure of any nonattainment area to
attain the national primary ambient air quality standard under the
Clean Air Act [this chapter] for photochemical oxidants (ozone) or
carbon monoxide (or both) by December 31, 1987, (2) the failure of
any State to adopt and submit to the Administrator of the
Environmental Protection Agency an implementation plan that meets
the requirements of part D of title I of such Act [this part] and
provides for attainment of such standards by December 31, 1987, (3)
the failure of any State or designated local government to
implement the applicable implementation plan, or (4) any
combination of the foregoing. During such period and consistent
with the preceding sentence, the issuance of a permit (including
required offsets) under section 173 of such Act [this section] for
the construction or modification of a source in a nonattainment
area shall not be denied solely or partially by reason of the
reference contained in section 171(l) of such Act [section 7501(1)
of this title] to the applicable date established in section 172(a)
[section 7502(a) of this title]. This subsection [probably means
the first 3 sentences of this note] shall not apply to any
restriction or prohibition in effect under sections 110(a)(2)(I),
173(4), 176(a), 176(b), or 316 of such Act prior to the enactment
of this section [Dec. 22, 1987]. Prior to August 31, 1988, the
Administrator of the Environmental Protection Agency shall evaluate
air quality data and make determinations with respect to which
areas throughout the nation have attained, or failed to attain,
either or both of the national primary ambient air quality
standards referred to in subsection (a) [probably means the first 3
sentences of this note] and shall take appropriate steps to
designate those areas failing to attain either or both of such
standards as nonattainment areas within the meaning of part D of
title I of the Clean Air Act."
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. The word "and" probably should not appear.
-End-
-CITE-
42 USC Sec. 7504 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7504. Planning procedures
-STATUTE-
(a) In general
For any ozone, carbon monoxide, or PM-10 nonattainment area, the
State containing such area and elected officials of affected local
governments shall, before the date required for submittal of the
inventory described under sections 7511a(a)(1) and 7512a(a)(1) of
this title, jointly review and update as necessary the planning
procedures adopted pursuant to this subsection as in effect
immediately before November 15, 1990, or develop new planning
procedures pursuant to this subsection, as appropriate. In
preparing such procedures the State and local elected officials
shall determine which elements of a revised implementation plan
will be developed, adopted, and implemented (through means
including enforcement) by the State and which by local governments
or regional agencies, or any combination of local governments,
regional agencies, or the State. The implementation plan required
by this part shall be prepared by an organization certified by the
State, in consultation with elected officials of local governments
and in accordance with the determination under the second sentence
of this subsection. Such organization shall include elected
officials of local governments in the affected area, and
representatives of the State air quality planning agency, the State
transportation planning agency, the metropolitan planning
organization designated to conduct the continuing, cooperative and
comprehensive transportation planning process for the area under
section 134 of title 23, the organization responsible for the air
quality maintenance planning process under regulations implementing
this chapter, and any other organization with responsibilities for
developing, submitting, or implementing the plan required by this
part. Such organization may be one that carried out these functions
before November 15, 1990.
(b) Coordination
The preparation of implementation plan provisions and subsequent
plan revisions under the continuing transportation-air quality
planning process described in section 7408(e) of this title shall
be coordinated with the continuing, cooperative and comprehensive
transportation planning process required under section 134 of title
23, and such planning processes shall take into account the
requirements of this part.
(c) Joint planning
In the case of a nonattainment area that is included within more
than one State, the affected States may jointly, through interstate
compact or otherwise, undertake and implement all or part of the
planning procedures described in this section.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 174, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L.
101-549, title I, Sec. 102(d), Nov. 15, 1990, 104 Stat. 2417.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
preparation of implementation plan by designated organization; and
in subsec. (b), coordination of plan preparation.
-End-
-CITE-
42 USC Sec. 7505 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7505. Environmental Protection Agency grants
-STATUTE-
(a) Plan revision development costs
The Administrator shall make grants to any organization of local
elected officials with transportation or air quality maintenance
planning responsibilities recognized by the State under section
7504(a) of this title for payment of the reasonable costs of
developing a plan revision under this part.
(b) Uses of grant funds
The amount granted to any organization under subsection (a) of
this section shall be 100 percent of any additional costs of
developing a plan revision under this part for the first two fiscal
years following receipt of the grant under this paragraph, and
shall supplement any funds available under Federal law to such
organization for transportation or air quality maintenance
planning. Grants under this section shall not be used for
construction.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 175, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 749.)
-End-
-CITE-
42 USC Sec. 7505a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7505a. Maintenance plans
-STATUTE-
(a) Plan revision
Each State which submits a request under section 7407(d) of this
title for redesignation of a nonattainment area for any air
pollutant as an area which has attained the national primary
ambient air quality standard for that air pollutant shall also
submit a revision of the applicable State implementation plan to
provide for the maintenance of the national primary ambient air
quality standard for such air pollutant in the area concerned for
at least 10 years after the redesignation. The plan shall contain
such additional measures, if any, as may be necessary to ensure
such maintenance.
(b) Subsequent plan revisions
8 years after redesignation of any area as an attainment area
under section 7407(d) of this title, the State shall submit to the
Administrator an additional revision of the applicable State
implementation plan for maintaining the national primary ambient
air quality standard for 10 years after the expiration of the 10-
year period referred to in subsection (a) of this section.
(c) Nonattainment requirements applicable pending plan approval
Until such plan revision is approved and an area is redesignated
as attainment for any area designated as a nonattainment area, the
requirements of this part shall continue in force and effect with
respect to such area.
(d) Contingency provisions
Each plan revision submitted under this section shall contain
such contingency provisions as the Administrator deems necessary to
assure that the State will promptly correct any violation of the
standard which occurs after the redesignation of the area as an
attainment area. Such provisions shall include a requirement that
the State will implement all measures with respect to the control
of the air pollutant concerned which were contained in the State
implementation plan for the area before redesignation of the area
as an attainment area. The failure of any area redesignated as an
attainment area to maintain the national ambient air quality
standard concerned shall not result in a requirement that the State
revise its State implementation plan unless the Administrator, in
the Administrator's discretion, requires the State to submit a
revised State implementation plan.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 175A, as added Pub. L. 101-
549, title I, Sec. 102(e), Nov. 15, 1990, 104 Stat. 2418.)
-End-
-CITE-
42 USC Sec. 7506 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7506. Limitations on certain Federal assistance
-STATUTE-
(a), (b) Repealed. Pub. L. 101-549, title I, Sec. 110(4), Nov. 15,
1990, 104 Stat. 2470
(c) Activities not conforming to approved or promulgated plans
(1) No department, agency, or instrumentality of the Federal
Government shall engage in, support in any way or provide financial
assistance for, license or permit, or approve, any activity which
does not conform to an implementation plan after it has been
approved or promulgated under section 7410 of this title. No
metropolitan planning organization designated under section 134 of
title 23, shall give its approval to any project, program, or plan
which does not conform to an implementation plan approved or
promulgated under section 7410 of this title. The assurance of
conformity to such an implementation plan shall be an affirmative
responsibility of the head of such department, agency, or
instrumentality. Conformity to an implementation plan means -
(A) conformity to an implementation plan's purpose of
eliminating or reducing the severity and number of violations of
the national ambient air quality standards and achieving
expeditious attainment of such standards; and
(B) that such activities will not -
(i) cause or contribute to any new violation of any standard
in any area;
(ii) increase the frequency or severity of any existing
violation of any standard in any area; or
(iii) delay timely attainment of any standard or any required
interim emission reductions or other milestones in any area.
The determination of conformity shall be based on the most recent
estimates of emissions, and such estimates shall be determined from
the most recent population, employment, travel and congestion
estimates as determined by the metropolitan planning organization
or other agency authorized to make such estimates.
(2) Any transportation plan or program developed pursuant to
title 23 or chapter 53 of title 49 shall implement the
transportation provisions of any applicable implementation plan
approved under this chapter applicable to all or part of the area
covered by such transportation plan or program. No Federal agency
may approve, accept or fund any transportation plan, program or
project unless such plan, program or project has been found to
conform to any applicable implementation plan in effect under this
chapter. In particular -
(A) no transportation plan or transportation improvement
program may be adopted by a metropolitan planning organization
designated under title 23 or chapter 53 of title 49, or be found
to be in conformity by a metropolitan planning organization until
a final determination has been made that emissions expected from
implementation of such plans and programs are consistent with
estimates of emissions from motor vehicles and necessary
emissions reductions contained in the applicable implementation
plan, and that the plan or program will conform to the
requirements of paragraph (1)(B);
(B) no metropolitan planning organization or other recipient of
funds under title 23 or chapter 53 of title 49 shall adopt or
approve a transportation improvement program of projects until it
determines that such program provides for timely implementation
of transportation control measures consistent with schedules
included in the applicable implementation plan;
(C) a transportation project may be adopted or approved by a
metropolitan planning organization or any recipient of funds
designated under title 23 or chapter 53 of title 49, or found in
conformity by a metropolitan planning organization or approved,
accepted, or funded by the Department of Transportation only if
it meets either the requirements of subparagraph (D) or the
following requirements -
(i) such a project comes from a conforming plan and program;
(ii) the design concept and scope of such project have not
changed significantly since the conformity finding regarding
the plan and program from which the project derived; and
(iii) the design concept and scope of such project at the
time of the conformity determination for the program was
adequate to determine emissions.
(D) Any project not referred to in subparagraph (C) shall be
treated as conforming to the applicable implementation plan only
if it is demonstrated that the projected emissions from such
project, when considered together with emissions projected for
the conforming transportation plans and programs within the
nonattainment area, do not cause such plans and programs to
exceed the emission reduction projections and schedules assigned
to such plans and programs in the applicable implementation plan.
(E) The appropriate metropolitan planning organization shall
redetermine conformity of existing transportation plans and
programs not later than 2 years after the date on which the
Administrator -
(i) finds a motor vehicle emissions budget to be adequate in
accordance with section 93.118(e)(4) of title 40, Code of
Federal Regulations (as in effect on October 1, 2004);
(ii) approves an implementation plan that establishes a motor
vehicle emissions budget if that budget has not yet been
determined to be adequate in accordance with clause (i); or
(iii) promulgates an implementation plan that establishes or
revises a motor vehicle emissions budget.
(3) Until such time as the implementation plan revision referred
to in paragraph (4)(C) (!1) is approved, conformity of such plans,
programs, and projects will be demonstrated if -
(A) the transportation plans and programs -
(i) are consistent with the most recent estimates of mobile
source emissions;
(ii) provide for the expeditious implementation of
transportation control measures in the applicable
implementation plan; and
(iii) with respect to ozone and carbon monoxide nonattainment
areas, contribute to annual emissions reductions consistent
with sections 7511a(b)(1) and 7512a(a)(7) of this title; and
(B) the transportation projects -
(i) come from a conforming transportation plan and program as
defined in subparagraph (A) or for 12 months after November 15,
1990, from a transportation program found to conform within 3
years prior to November 15, 1990; and
(ii) in carbon monoxide nonattainment areas, eliminate or
reduce the severity and number of violations of the carbon
monoxide standards in the area substantially affected by the
project.
With regard to subparagraph (B)(ii), such determination may be
made as part of either the conformity determination for the
transportation program or for the individual project taken as a
whole during the environmental review phase of project
development.
(4) Criteria and procedures for determining conformity. -
(A) In general. - The Administrator shall promulgate, and
periodically update, criteria and procedures for determining
conformity (except in the case of transportation plans, programs,
and projects) of, and for keeping the Administrator informed
about, the activities referred to in paragraph (1).
(B) Transportation plans, programs, and projects. - The
Administrator, with the concurrence of the Secretary of
Transportation, shall promulgate, and periodically update,
criteria and procedures for demonstrating and assuring conformity
in the case of transportation plans, programs, and projects.
(C) Civil action to compel promulgation. - A civil action may
be brought against the Administrator and the Secretary of
Transportation under section 7604 of this title to compel
promulgation of such criteria and procedures and the Federal
district court shall have jurisdiction to order such
promulgation.
(D) The procedures and criteria shall, at a minimum -
(i) address the consultation procedures to be undertaken by
metropolitan planning organizations and the Secretary of
Transportation with State and local air quality agencies and
State departments of transportation before such organizations
and the Secretary make conformity determinations;
(ii) address the appropriate frequency for making conformity
determinations, but the frequency for making conformity
determinations on updated transportation plans and programs
shall be every 4 years, except in a case in which -
(I) the metropolitan planning organization elects to update
a transportation plan or program more frequently; or
(II) the metropolitan planning organization is required to
determine conformity in accordance with paragraph (2)(E); and
(iii) address how conformity determinations will be made with
respect to maintenance plans.
(E) Inclusion of criteria and procedures in sip. - Not later
than 2 years after August 10, 2005, the procedures under
subparagraph (A) shall include a requirement that each State
include in the State implementation plan criteria and procedures
for consultation required by subparagraph (D)(i), and enforcement
and enforceability (pursuant to sections 93.125(c) and
93.122(a)(4)(ii) of title 40, Code of Federal Regulations) in
accordance with the Administrator's criteria and procedures for
consultation, enforcement and enforceability.
(F) Compliance with the rules of the Administrator for
determining the conformity of transportation plans, programs, and
projects funded or approved under title 23 or chapter 53 of title
49 to State or Federal implementation plans shall not be required
for traffic signal synchronization projects prior to the funding,
approval or implementation of such projects. The supporting
regional emissions analysis for any conformity determination made
with respect to a transportation plan, program, or project shall
consider the effect on emissions of any such project funded,
approved, or implemented prior to the conformity determination.
(5) Applicability. - This subsection shall apply only with
respect to -
(A) a nonattainment area and each pollutant for which the area
is designated as a nonattainment area; and
(B) an area that was designated as a nonattainment area but
that was later redesignated by the Administrator as an attainment
area and that is required to develop a maintenance plan under
section 7505a of this title with respect to the specific
pollutant for which the area was designated nonattainment.
(6) Notwithstanding paragraph 5,(!2) this subsection shall not
apply with respect to an area designated nonattainment under
section 7407(d)(1) of this title until 1 year after that area is
first designated nonattainment for a specific national ambient air
quality standard. This paragraph only applies with respect to the
national ambient air quality standard for which an area is newly
designated nonattainment and does not affect the area's
requirements with respect to all other national ambient air quality
standards for which the area is designated nonattainment or has
been redesignated from nonattainment to attainment with a
maintenance plan pursuant to section 7505a (!1) of this title
(including any pre-existing national ambient air quality standard
for a pollutant for which a new or revised standard has been
issued).
(7) Conformity horizon for transportation plans. -
(A) In general. - Each conformity determination required under
this section for a transportation plan under section 134(i) of
title 23 or section 5303(i) of title 49 shall require a
demonstration of conformity for the period ending on either the
final year of the transportation plan, or at the election of the
metropolitan planning organization, after consultation with the
air pollution control agency and solicitation of public comments
and consideration of such comments, the longest of the following
periods:
(i) The first 10-year period of any such transportation plan.
(ii) The latest year in the implementation plan applicable to
the area that contains a motor vehicle emission budget.
(iii) The year after the completion date of a regionally
significant project if the project is included in the
transportation improvement program or the project requires
approval before the subsequent conformity determination.
(B) Regional emissions analysis. - The conformity determination
shall be accompanied by a regional emissions analysis for the
last year of the transportation plan and for any year shown to
exceed emission budgets by a prior analysis, if such year extends
beyond the applicable period as determined under subparagraph
(A).
(C) Exception. - In any case in which an area has a revision to
an implementation plan under section 7505a(b) of this title and
the Administrator has found the motor vehicles emissions budgets
from that revision to be adequate in accordance with section
93.118(e)(4) of title 40, Code of Federal Regulations (as in
effect on October 1, 2004), or has approved the revision, the
demonstration of conformity at the election of the metropolitan
planning organization, after consultation with the air pollution
control agency and solicitation of public comments and
consideration of such comments, shall be required to extend only
through the last year of the implementation plan required under
section 7505a(b) of this title.
(D) Effect of election. - Any election by a metropolitan
planning organization under this paragraph shall continue in
effect until the metropolitan planning organization elects
otherwise.
(E) Air pollution control agency defined. - In this paragraph,
the term "air pollution control agency" means an air pollution
control agency (as defined in section 7602(b) of this title) that
is responsible for developing plans or controlling air pollution
within the area covered by a transportation plan.
(8) Substitution of transportation control measures. -
(A) In general. - Transportation control measures that are
specified in an implementation plan may be replaced or added to
the implementation plan with alternate or additional
transportation control measures -
(i) if the substitute measures achieve equivalent or greater
emissions reductions than the control measure to be replaced,
as demonstrated with an emissions impact analysis that is
consistent with the current methodology used for evaluating the
replaced control measure in the implementation plan;
(ii) if the substitute control measures are implemented -
(I) in accordance with a schedule that is consistent with
the schedule provided for control measures in the
implementation plan; or
(II) if the implementation plan date for implementation of
the control measure to be replaced has passed, as soon as
practicable after the implementation plan date but not later
than the date on which emission reductions are necessary to
achieve the purpose of the implementation plan;
(iii) if the substitute and additional control measures are
accompanied with evidence of adequate personnel and funding and
authority under State or local law to implement, monitor, and
enforce the control measures;
(iv) if the substitute and additional control measures were
developed through a collaborative process that included -
(I) participation by representatives of all affected
jurisdictions (including local air pollution control
agencies, the State air pollution control agency, and State
and local transportation agencies);
(II) consultation with the Administrator; and
(III) reasonable public notice and opportunity for comment;
and
(v) if the metropolitan planning organization, State air
pollution control agency, and the Administrator concur with the
equivalency of the substitute or additional control measures.
(B) Adoption. - (i) Concurrence by the metropolitan planning
organization, State air pollution control agency and the
Administrator as required by subparagraph (A)(v) shall constitute
adoption of the substitute or additional control measures so long
as the requirements of subparagraphs (A)(i), (A)(ii), (A)(iii)
and (A)(iv) are met.
(ii) Once adopted, the substitute or additional control
measures become, by operation of law, part of the State
implementation plan and become federally enforceable.
(iii) Within 90 days of its concurrence under subparagraph
(A)(v), the State air pollution control agency shall submit the
substitute or additional control measure to the Administrator for
incorporation in the codification of the applicable
implementation plan. Nothwithstanding (!3) any other provision of
this chapter, no additional State process shall be necessary to
support such revision to the applicable plan.
(C) No requirement for express permission. - The substitution
or addition of a transportation control measure in accordance
with this paragraph and the funding or approval of such a control
measure shall not be contingent on the existence of any provision
in the applicable implementation plan that expressly permits such
a substitution or addition.
(D) No requirement for new conformity determination. - The
substitution or addition of a transportation control measure in
accordance with this paragraph shall not require -
(i) a new conformity determination for the transportation
plan; or
(ii) a revision of the implementation plan.
(E) Continuation of control measure being replaced. - A control
measure that is being replaced by a substitute control measure
under this paragraph shall remain in effect until the substitute
control measure is adopted by the State pursuant to subparagraph
(B).
(F) Effect of adoption. - Adoption of a substitute control
measure shall constitute rescission of the previously applicable
control measure.
(9) Lapse of conformity. - If a conformity determination required
under this subsection for a transportation plan under section
134(i) of title 23 or section 5303(i) of title 49 or a
transportation improvement program under section 134(j) of such
title 23 or under section 5303(j) of such title 49 is not made by
the applicable deadline and such failure is not corrected by
additional measures to either reduce motor vehicle emissions
sufficient to demonstrate compliance with the requirements of this
subsection within 12 months after such deadline or other measures
sufficient to correct such failures, the transportation plan shall
lapse.
(10) Lapse. - In this subsection, the term "lapse" means that the
conformity determination for a transportation plan or
transportation improvement program has expired, and thus there is
no currently conforming transportation plan or transportation
improvement program.
(d) Priority of achieving and maintaining national primary ambient
air quality standards
Each department, agency, or instrumentality of the Federal
Government having authority to conduct or support any program with
air-quality related transportation consequences shall give priority
in the exercise of such authority, consistent with statutory
requirements for allocation among States or other jurisdictions, to
the implementation of those portions of plans prepared under this
section to achieve and maintain the national primary ambient air-
quality standard. This paragraph extends to, but is not limited
to, authority exercised under chapter 53 of title 49, title 23, and
the Housing and Urban Development Act.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 176, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 749; amended Pub. L.
95-190, Sec. 14(a)(59), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101-
549, title I, Secs. 101(f), 110(4), Nov. 15, 1990, 104 Stat. 2409,
2470; Pub. L. 104-59, title III, Sec. 305(b), Nov. 28, 1995, 109
Stat. 580; Pub. L. 104-260, Sec. 1, Oct. 9, 1996, 110 Stat. 3175;
Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114 Stat.
1441, 1441A-44; Pub. L. 109-59, title VI, Sec. 6011(a)-(f), Aug.
10, 2005, 119 Stat. 1878-1881.)
-REFTEXT-
REFERENCES IN TEXT
Paragraph (4) of subsec. (c), referred to in subsec. (c)(3), was
amended by Pub. L. 109-59, title VI, Sec. 6011(f), Aug. 10, 2005,
119 Stat. 1881, to redesignate subpar. (C) as (E), strike it out,
and add new subpars. (C) and (E). See 2005 Amendment notes below.
Section 7505a of this title, referred to in subsec. (c)(6), was
in the original "section 175(A)" and was translated as reading
"section 175A", meaning section 175A of act July 14, 1955, which is
classified to section 7505a of this title, to reflect the probable
intent of Congress.
The Housing and Urban Development Act, referred to in subsec.
(d), may be the name for a series of acts sharing the same name but
enacted in different years by Pub. L. 89-117, Aug. 10, 1965, 79
Stat. 451; Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476; Pub. L. 91-
152, Dec. 24, 1969, 83 Stat. 379; and Pub. L. 91-609, Dec. 31,
1970, 84 Stat. 1770, respectively. For complete classification of
these Acts to the Code, see Short Title notes set out under section
1701 of Title 12, Banks and Banking, and Tables.
-COD-
CODIFICATION
In subsecs. (c)(2) and (d), "chapter 53 of title 49" substituted
for "the Urban Mass Transportation Act [49 App. U.S.C. 1601 et
seq.]" and in subsec. (c)(4)(F) substituted for "Federal Transit
Act" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108
Stat. 1378 (the first section of which enacted subtitles II, III,
and V to X of Title 49, Transportation), and of Pub. L. 102-240,
title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, which
provided that references in laws to the Urban Mass Transportation
Act of 1964 be deemed to be references to the Federal Transit Act.
-MISC1-
AMENDMENTS
2005 - Subsec. (c)(2)(E). Pub. L. 109-59, Sec. 6011(a), added
subpar. (E).
Subsec. (c)(4). Pub. L. 109-59, Sec. 6011(f)(1)-(3), inserted
par. (4) and subpar. (A) headings, in first sentence substituted
"The Administrator shall promulgate, and periodically update," for
"No later than one year after November 15, 1990, the Administrator
shall promulgate", designated second sentence as subpar. (B),
inserted heading, substituted "The Administrator, with the
concurrence of the Secretary of Transportation, shall promulgate,
and periodically update," for "No later than one year after
November 15, 1990, the Administrator, with the concurrence of the
Secretary of Transportation, shall promulgate", designated third
sentence as subpar. (C), inserted heading, substituted "A civil
action" for "A suit", and redesignated former subpars. (B) to (D)
as (D) to (F), respectively.
Subsec. (c)(4)(B)(ii). Pub. L. 109-59, Sec. 6011(b), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows:
"address the appropriate frequency for making conformity
determinations, but in no case shall such determinations for
transportation plans and programs be less frequent than every three
years; and".
Subsec. (c)(4)(E). Pub. L. 109-59, Sec. 6011(f)(4), added subpar.
(E) and struck out former subpar. (E) which read as follows: "Such
procedures shall also include a requirement that each State shall
submit to the Administrator and the Secretary of Transportation
within 24 months of November 15, 1990, a revision to its
implementation plan that includes criteria and procedures for
assessing the conformity of any plan, program, or project subject
to the conformity requirements of this subsection."
Subsec. (c)(7) to (10). Pub. L. 109-59, Sec. 6011(c)-(e), added
pars. (7) to (10).
2000 - Subsec. (c)(6). Pub. L. 106-377 added par. (6).
1996 - Subsec. (c)(4)(D). Pub. L. 104-260 added subpar. (D).
1995 - Subsec. (c)(5). Pub. L. 104-59 added par. (5).
1990 - Subsecs. (a), (b). Pub. L. 101-549, Sec. 110(4), struck
out subsec. (a) which related to approval of projects or award of
grants, and subsec. (b) which related to implementation of approved
or promulgated plans.
Subsec. (c). Pub. L. 101-549, Sec. 101(f), designated existing
provisions as par. (1), struck out "(1)", "(2)", "(3)", and "(4)"
before "engage in", "support in", "license or", and "approve, any",
respectively, substituted "conform to an implementation plan after
it" for "conform to a plan after it", "conform to an implementation
plan approved" for "conform to a plan approved", and "conformity to
such an implementation plan shall" for "conformity to such a plan
shall", inserted "Conformity to an implementation plan means - "
followed immediately by subpars. (A) and (B) and closing provisions
relating to determination of conformity being based on recent
estimates of emissions and the determination of such estimates, and
added pars. (2) to (4).
1977 - Subsec. (a)(1). Pub. L. 95-190 inserted "national" before
"primary".
REGULATIONS
Pub. L. 109-59, title VI, Sec. 6011(g), Aug. 10, 2005, 119 Stat.
1882, provided that: "Not later than 2 years after the date of
enactment of this Act [Aug. 10, 2005], the Administrator of the
Environmental Protection Agency shall promulgate revised
regulations to implement the changes made by this section [amending
this section]."
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be "paragraph (5),".
(!3) So in original. Probably should be "Notwithstanding".
-End-
-CITE-
42 USC Sec. 7506a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7506a. Interstate transport commissions
-STATUTE-
(a) Authority to establish interstate transport regions
Whenever, on the Administrator's own motion or by petition from
the Governor of any State, the Administrator has reason to believe
that the interstate transport of air pollutants from one or more
States contributes significantly to a violation of a national
ambient air quality standard in one or more other States, the
Administrator may establish, by rule, a transport region for such
pollutant that includes such States. The Administrator, on the
Administrator's own motion or upon petition from the Governor of
any State, or upon the recommendation of a transport commission
established under subsection (b) of this section, may -
(1) add any State or portion of a State to any region
established under this subsection whenever the Administrator has
reason to believe that the interstate transport of air pollutants
from such State significantly contributes to a violation of the
standard in the transport region, or
(2) remove any State or portion of a State from the region
whenever the Administrator has reason to believe that the control
of emissions in that State or portion of the State pursuant to
this section will not significantly contribute to the attainment
of the standard in any area in the region.
The Administrator shall approve or disapprove any such petition or
recommendation within 18 months of its receipt. The Administrator
shall establish appropriate proceedings for public participation
regarding such petitions and motions, including notice and comment.
(b) Transport commissions
(1) Establishment
Whenever the Administrator establishes a transport region under
subsection (a) of this section, the Administrator shall establish
a transport commission comprised of (at a minimum) each of the
following members:
(A) The Governor of each State in the region or the designee
of each such Governor.
(B) The Administrator or the Administrator's designee.
(C) The Regional Administrator (or the Administrator's
designee) for each Regional Office for each Environmental
Protection Agency Region affected by the transport region
concerned.
(D) An air pollution control official representing each State
in the region, appointed by the Governor.
Decisions of, and recommendations and requests to, the
Administrator by each transport commission may be made only by a
majority vote of all members other than the Administrator and the
Regional Administrators (or designees thereof).
(2) Recommendations
The transport commission shall assess the degree of interstate
transport of the pollutant or precursors to the pollutant
throughout the transport region, assess strategies for mitigating
the interstate pollution, and recommend to the Administrator such
measures as the Commission determines to be necessary to ensure
that the plans for the relevant States meet the requirements of
section 7410(a)(2)(D) of this title. Such commission shall not be
subject to the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.).
(c) Commission requests
A transport commission established under subsection (b) of this
section may request the Administrator to issue a finding under
section 7410(k)(5) of this title that the implementation plan for
one or more of the States in the transport region is substantially
inadequate to meet the requirements of section 7410(a)(2)(D) of
this title. The Administrator shall approve, disapprove, or
partially approve and partially disapprove such a request within 18
months of its receipt and, to the extent the Administrator approves
such request, issue the finding under section 7410(k)(5) of this
title at the time of such approval. In acting on such request, the
Administrator shall provide an opportunity for public participation
and shall address each specific recommendation made by the
commission. Approval or disapproval of such a request shall
constitute final agency action within the meaning of section
7607(b) of this title.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 176A, as added Pub. L. 101-
549, title I, Sec. 102(f)(1), Nov. 15, 1990, 104 Stat. 2419.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec.
(b)(2), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
-End-
-CITE-
42 USC Sec. 7507 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7507. New motor vehicle emission standards in nonattainment
areas
-STATUTE-
Notwithstanding section 7543(a) of this title, any State which
has plan provisions approved under this part may adopt and enforce
for any model year standards relating to control of emissions from
new motor vehicles or new motor vehicle engines and take such other
actions as are referred to in section 7543(a) of this title
respecting such vehicles if -
(1) such standards are identical to the California standards
for which a waiver has been granted for such model year, and
(2) California and such State adopt such standards at least two
years before commencement of such model year (as determined by
regulations of the Administrator).
Nothing in this section or in subchapter II of this chapter shall
be construed as authorizing any such State to prohibit or limit,
directly or indirectly, the manufacture or sale of a new motor
vehicle or motor vehicle engine that is certified in California as
meeting California standards, or to take any action of any kind to
create, or have the effect of creating, a motor vehicle or motor
vehicle engine different than a motor vehicle or engine certified
in California under California standards (a "third vehicle") or
otherwise create such a "third vehicle".
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 177, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 750; amended Pub. L.
101-549, title II, Sec. 232, Nov. 15, 1990, 104 Stat. 2529.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 added sentence at end prohibiting States
from limiting or prohibiting sale or manufacture of new vehicles or
engines certified in California as having met California standards
and from taking any actions where effect of those actions would be
to create a "third vehicle".
-End-
-CITE-
42 USC Sec. 7508 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7508. Guidance documents
-STATUTE-
The Administrator shall issue guidance documents under section
7408 of this title for purposes of assisting States in implementing
requirements of this part respecting the lowest achievable emission
rate. Such a document shall be published not later than nine months
after August 7, 1977, and shall be revised at least every two years
thereafter.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 178, as added Pub. L. 95-95,
title I, Sec. 129(b), Aug. 7, 1977, 91 Stat. 750.)
-End-
-CITE-
42 USC Sec. 7509 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7509. Sanctions and consequences of failure to attain
-STATUTE-
(a) State failure
For any implementation plan or plan revision required under this
part (or required in response to a finding of substantial
inadequacy as described in section 7410(k)(5) of this title), if
the Administrator -
(1) finds that a State has failed, for an area designated
nonattainment under section 7407(d) of this title, to submit a
plan, or to submit 1 or more of the elements (as determined by
the Administrator) required by the provisions of this chapter
applicable to such an area, or has failed to make a submission
for such an area that satisfies the minimum criteria established
in relation to any such element under section 7410(k) of this
title,
(2) disapproves a submission under section 7410(k) of this
title, for an area designated nonattainment under section 7407 of
this title, based on the submission's failure to meet one or more
of the elements required by the provisions of this chapter
applicable to such an area,
(3)(A) determines that a State has failed to make any
submission as may be required under this chapter, other than one
described under paragraph (1) or (2), including an adequate
maintenance plan, or has failed to make any submission, as may be
required under this chapter, other than one described under
paragraph (1) or (2), that satisfies the minimum criteria
established in relation to such submission under section
7410(k)(1)(A) of this title, or
(B) disapproves in whole or in part a submission described
under subparagraph (A), or
(4) finds that any requirement of an approved plan (or approved
part of a plan) is not being implemented,
unless such deficiency has been corrected within 18 months after
the finding, disapproval, or determination referred to in
paragraphs (1), (2), (3), and (4), one of the sanctions referred to
in subsection (b) of this section shall apply, as selected by the
Administrator, until the Administrator determines that the State
has come into compliance, except that if the Administrator finds a
lack of good faith, sanctions under both paragraph (1) and
paragraph (2) of subsection (b) of this section shall apply until
the Administrator determines that the State has come into
compliance. If the Administrator has selected one of such sanctions
and the deficiency has not been corrected within 6 months
thereafter, sanctions under both paragraph (1) and paragraph (2) of
subsection (b) of this section shall apply until the Administrator
determines that the State has come into compliance. In addition to
any other sanction applicable as provided in this section, the
Administrator may withhold all or part of the grants for support of
air pollution planning and control programs that the Administrator
may award under section 7405 of this title.
(b) Sanctions
The sanctions available to the Administrator as provided in
subsection (a) of this section are as follows:
(1) Highway sanctions
(A) The Administrator may impose a prohibition, applicable to a
nonattainment area, on the approval by the Secretary of
Transportation of any projects or the awarding by the Secretary
of any grants, under title 23 other than projects or grants for
safety where the Secretary determines, based on accident or other
appropriate data submitted by the State, that the principal
purpose of the project is an improvement in safety to resolve a
demonstrated safety problem and likely will result in a
significant reduction in, or avoidance of, accidents. Such
prohibition shall become effective upon the selection by the
Administrator of this sanction.
(B) In addition to safety, projects or grants that may be
approved by the Secretary, notwithstanding the prohibition in
subparagraph (A), are the following -
(i) capital programs for public transit;
(ii) construction or restriction of certain roads or lanes
solely for the use of passenger buses or high occupancy
vehicles;
(iii) planning for requirements for employers to reduce
employee work-trip-related vehicle emissions;
(iv) highway ramp metering, traffic signalization, and
related programs that improve traffic flow and achieve a net
emission reduction;
(v) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit
operations;
(vi) programs to limit or restrict vehicle use in downtown
areas or other areas of emission concentration particularly
during periods of peak use, through road use charges, tolls,
parking surcharges, or other pricing mechanisms, vehicle
restricted zones or periods, or vehicle registration programs;
(vii) programs for breakdown and accident scene management,
nonrecurring congestion, and vehicle information systems, to
reduce congestion and emissions; and
(viii) such other transportation-related programs as the
Administrator, in consultation with the Secretary of
Transportation, finds would improve air quality and would not
encourage single occupancy vehicle capacity.
In considering such measures, the State should seek to ensure
adequate access to downtown, other commercial, and residential
areas, and avoid increasing or relocating emissions and
congestion rather than reducing them.
(2) Offsets
In applying the emissions offset requirements of section 7503
of this title to new or modified sources or emissions units for
which a permit is required under this part, the ratio of emission
reductions to increased emissions shall be at least 2 to 1.
(c) Notice of failure to attain
(1) As expeditiously as practicable after the applicable
attainment date for any nonattainment area, but not later than 6
months after such date, the Administrator shall determine, based on
the area's air quality as of the attainment date, whether the area
attained the standard by that date.
(2) Upon making the determination under paragraph (1), the
Administrator shall publish a notice in the Federal Register
containing such determination and identifying each area that the
Administrator has determined to have failed to attain. The
Administrator may revise or supplement such determination at any
time based on more complete information or analysis concerning the
area's air quality as of the attainment date.
(d) Consequences for failure to attain
(1) Within 1 year after the Administrator publishes the notice
under subsection (c)(2) of this section (relating to notice of
failure to attain), each State containing a nonattainment area
shall submit a revision to the applicable implementation plan
meeting the requirements of paragraph (2) of this subsection.
(2) The revision required under paragraph (1) shall meet the
requirements of section 7410 of this title and section 7502 of this
title. In addition, the revision shall include such additional
measures as the Administrator may reasonably prescribe, including
all measures that can be feasibly implemented in the area in light
of technological achievability, costs, and any nonair quality and
other air quality-related health and environmental impacts.
(3) The attainment date applicable to the revision required under
paragraph (1) shall be the same as provided in the provisions of
section 7502(a)(2) of this title, except that in applying such
provisions the phrase "from the date of the notice under section
7509(c)(2) of this title" shall be substituted for the phrase "from
the date such area was designated nonattainment under section
7407(d) of this title" and for the phrase "from the date of
designation as nonattainment".
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 179, as added Pub. L. 101-
549, title I, Sec. 102(g), Nov. 15, 1990, 104 Stat. 2420.)
-End-
-CITE-
42 USC Sec. 7509a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 1 - nonattainment areas in general
-HEAD-
Sec. 7509a. International border areas
-STATUTE-
(a) Implementation plans and revisions
Notwithstanding any other provision of law, an implementation
plan or plan revision required under this chapter shall be approved
by the Administrator if -
(1) such plan or revision meets all the requirements applicable
to it under the (!1) chapter other than a requirement that such
plan or revision demonstrate attainment and maintenance of the
relevant national ambient air quality standards by the attainment
date specified under the applicable provision of this chapter, or
in a regulation promulgated under such provision, and
(2) the submitting State establishes to the satisfaction of the
Administrator that the implementation plan of such State would be
adequate to attain and maintain the relevant national ambient air
quality standards by the attainment date specified under the
applicable provision of this chapter, or in a regulation
promulgated under such provision, but for emissions emanating
from outside of the United States.
(b) Attainment of ozone levels
Notwithstanding any other provision of law, any State that
establishes to the satisfaction of the Administrator that, with
respect to an ozone nonattainment area in such State, such State
would have attained the national ambient air quality standard for
ozone by the applicable attainment date, but for emissions
emanating from outside of the United States, shall not be subject
to the provisions of section 7511(a)(2) or (5) of this title or
section 7511d of this title.
(c) Attainment of carbon monoxide levels
Notwithstanding any other provision of law, any State that
establishes to the satisfaction of the Administrator, with respect
to a carbon monoxide nonattainment area in such State, that such
State has attained the national ambient air quality standard for
carbon monoxide by the applicable attainment date, but for
emissions emanating from outside of the United States, shall not be
subject to the provisions of section 7512(b)(2) or (9) (!2) of this
title.
(d) Attainment of PM-10 levels
Notwithstanding any other provision of law, any State that
establishes to the satisfaction of the Administrator that, with
respect to a PM-10 nonattainment area in such State, such State
would have attained the national ambient air quality standard for
carbon monoxide by the applicable attainment date, but for
emissions emanating from outside the United States, shall not be
subject to the provisions of section 7513(b)(2) of this title.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 179B, as added Pub. L. 101-
549, title VIII, Sec. 818, Nov. 15, 1990, 104 Stat. 2697.)
-MISC1-
ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE AIR QUALITY IN
REGIONS ALONG BORDER BETWEEN UNITED STATES AND MEXICO
Section 815 of Pub. L. 101-549 provided that:
"(a) In General. - The Administrator of the Environmental
Protection Agency (hereinafter referred to as the 'Administrator')
is authorized, in cooperation with the Department of State and the
affected States, to negotiate with representatives of Mexico to
authorize a program to monitor and improve air quality in regions
along the border between the United States and Mexico. The program
established under this section shall not extend beyond July 1,
1995.
"(b) Monitoring and Remediation. -
"(1) Monitoring. - The monitoring component of the program
conducted under this section shall identify and determine sources
of pollutants for which national ambient air quality standards
(hereinafter referred to as 'NAAQS') and other air quality goals
have been established in regions along the border between the
United States and Mexico. Any such monitoring component of the
program shall include, but not be limited to, the collection of
meteorological data, the measurement of air quality, the
compilation of an emissions inventory, and shall be sufficient to
the extent necessary to successfully support the use of a state-
of-the-art mathematical air modeling analysis. Any such
monitoring component of the program shall collect and produce
data projecting the level of emission reductions necessary in
both Mexico and the United States to bring about attainment of
both primary and secondary NAAQS, and other air quality goals, in
regions along the border in the United States. Any such
monitoring component of the program shall include to the extent
possible, data from monitoring programs undertaken by other
parties.
"(2) Remediation. - The Administrator is authorized to
negotiate with appropriate representatives of Mexico to develop
joint remediation measures to reduce the level of airborne
pollutants to achieve and maintain primary and secondary NAAQS,
and other air quality goals, in regions along the border between
the United States and Mexico. Such joint remediation measures may
include, but not be limited to measures included in the
Environmental Protection Agency's Control Techniques and Control
Technology documents. Any such remediation program shall also
identify those control measures implementation of which in Mexico
would be expedited by the use of material and financial
assistance of the United States.
"(c) Annual Reports. - The Administrator shall, each year the
program authorized in this section is in operation, report to
Congress on the progress of the program in bringing nonattainment
areas along the border of the United States into attainment with
primary and secondary NAAQS. The report issued by the Administrator
under this paragraph shall include recommendations on funding
mechanisms to assist in implementation of monitoring and
remediation efforts.
"(d) Funding and Personnel. - The Administrator may, where
appropriate, make available, subject to the appropriations, such
funds, personnel, and equipment as may be necessary to implement
the provisions of this section. In those cases where direct
financial assistance of the United States is provided to implement
monitoring and remediation programs in Mexico, the Administrator
shall develop grant agreements with appropriate representatives of
Mexico to assure the accuracy and completeness of monitoring data
and the performance of remediation measures which are financed by
the United States. With respect to any control measures within
Mexico funded by the United States, the Administrator shall, to the
maximum extent practicable, utilize resources of Mexico where such
utilization would reduce costs to the United States. Such funding
agreements shall include authorization for the Administrator to -
"(1) review and agree to plans for monitoring and remediation;
"(2) inspect premises, equipment and records to insure
compliance with the agreements established under and the purposes
set forth in this section; and
"(3) where necessary, develop grant agreements with affected
States to carry out the provisions of this section."
-FOOTNOTE-
(!1) So in original. Probably should be "this".
(!2) So in original. Section 7512(b) of this title does not
contain a par. (9).
-End-
-CITE-
42 USC subpart 2 - additional provisions for ozone
nonattainment areas 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
SUBPART 2 - ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS
-End-
-CITE-
42 USC Sec. 7511 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
Sec. 7511. Classifications and attainment dates
-STATUTE-
(a) Classification and attainment dates for 1989 nonattainment
areas
(1) Each area designated nonattainment for ozone pursuant to
section 7407(d) of this title shall be classified at the time of
such designation, under table 1, by operation of law, as a Marginal
Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme
Area based on the design value for the area. The design value shall
be calculated according to the interpretation methodology issued by
the Administrator most recently before November 15, 1990. For each
area classified under this subsection, the primary standard
attainment date for ozone shall be as expeditiously as practicable
but not later than the date provided in table 1.
TABLE 1
--------------------------------------------------------------------
Area class Design value* Primary standard
attainment date**
--------------------------------------------------------------------
Marginal 0.121 up to 0.138 3 years after November
15, 1990
Moderate 0.138 up to 0.160 6 years after November
15, 1990
Serious 0.160 up to 0.180 9 years after November
15, 1990
Severe 0.180 up to 0.280 15 years after November
15, 1990
Extreme 0.280 and above 20 years after November
15, 1990
*The design value is measured in parts per million (ppm).
**The primary standard attainment date is measured from November
15, 1990.
--------------------------------------------------------------------
(2) Notwithstanding table 1, in the case of a severe area with a
1988 ozone design value between 0.190 and 0.280 ppm, the attainment
date shall be 17 years (in lieu of 15 years) after November 15,
1990.
(3) At the time of publication of the notice under section
7407(d)(4) of this title (relating to area designations) for each
ozone nonattainment area, the Administrator shall publish a notice
announcing the classification of such ozone nonattainment area. The
provisions of section 7502(a)(1)(B) of this title (relating to lack
of notice and comment and judicial review) shall apply to such
classification.
(4) If an area classified under paragraph (1) (Table 1) would
have been classified in another category if the design value in the
area were 5 percent greater or 5 percent less than the level on
which such classification was based, the Administrator may, in the
Administrator's discretion, within 90 days after the initial
classification, by the procedure required under paragraph (3),
adjust the classification to place the area in such other category.
In making such adjustment, the Administrator may consider the
number of exceedances of the national primary ambient air quality
standard for ozone in the area, the level of pollution transport
between the area and other affected areas, including both
intrastate and interstate transport, and the mix of sources and air
pollutants in the area.
(5) Upon application by any State, the Administrator may extend
for 1 additional year (hereinafter referred to as the "Extension
Year") the date specified in table 1 of paragraph (1) of this
subsection if -
(A) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan, and
(B) no more than 1 exceedance of the national ambient air
quality standard level for ozone has occurred in the area in the
year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
(b) New designations and reclassifications
(1) New designations to nonattainment
Any area that is designated attainment or unclassifiable for
ozone under section 7407(d)(4) of this title, and that is
subsequently redesignated to nonattainment for ozone under
section 7407(d)(3) of this title, shall, at the time of the
redesignation, be classified by operation of law in accordance
with table 1 under subsection (a) of this section. Upon its
classification, the area shall be subject to the same
requirements under section 7410 of this title, subpart 1 of this
part, and this subpart that would have applied had the area been
so classified at the time of the notice under subsection (a)(3)
of this section, except that any absolute, fixed date applicable
in connection with any such requirement is extended by operation
of law by a period equal to the length of time between November
15, 1990, and the date the area is classified under this
paragraph.
(2) Reclassification upon failure to attain
(A) Within 6 months following the applicable attainment date
(including any extension thereof) for an ozone nonattainment
area, the Administrator shall determine, based on the area's
design value (as of the attainment date), whether the area
attained the standard by that date. Except for any Severe or
Extreme area, any area that the Administrator finds has not
attained the standard by that date shall be reclassified by
operation of law in accordance with table 1 of subsection (a) of
this section to the higher of -
(i) the next higher classification for the area, or
(ii) the classification applicable to the area's design value
as determined at the time of the notice required under
subparagraph (B).
No area shall be reclassified as Extreme under clause (ii).
(B) The Administrator shall publish a notice in the Federal
Register, no later than 6 months following the attainment date,
identifying each area that the Administrator has determined under
subparagraph (A) as having failed to attain and identifying the
reclassification, if any, described under subparagraph (A).
(3) Voluntary reclassification
The Administrator shall grant the request of any State to
reclassify a nonattainment area in that State in accordance with
table 1 of subsection (a) of this section to a higher
classification. The Administrator shall publish a notice in the
Federal Register of any such request and of action by the
Administrator granting the request.
(4) Failure of Severe Areas to attain standard
(A) If any Severe Area fails to achieve the national primary
ambient air quality standard for ozone by the applicable
attainment date (including any extension thereof), the fee
provisions under section 7511d of this title shall apply within
the area, the percent reduction requirements of section
7511a(c)(2)(B) and (C) of this title (relating to reasonable
further progress demonstration and NOx control) shall continue
to apply to the area, and the State shall demonstrate that such
percent reduction has been achieved in each 3-year interval after
such failure until the standard is attained. Any failure to make
such a demonstration shall be subject to the sanctions provided
under this part.
(B) In addition to the requirements of subparagraph (A), if the
ozone design value for a Severe Area referred to in subparagraph
(A) is above 0.140 ppm for the year of the applicable attainment
date, or if the area has failed to achieve its most recent
milestone under section 7511a(g) of this title, the new source
review requirements applicable under this subpart in Extreme
Areas shall apply in the area and the term (!1) "major source"
and "major stationary source" shall have the same meaning as in
Extreme Areas.
(C) In addition to the requirements of subparagraph (A) for
those areas referred to in subparagraph (A) and not covered by
subparagraph (B), the provisions referred to in subparagraph (B)
shall apply after 3 years from the applicable attainment date
unless the area has attained the standard by the end of such 3-
year period.
(D) If, after November 15, 1990, the Administrator modifies the
method of determining compliance with the national primary
ambient air quality standard, a design value or other indicator
comparable to 0.140 in terms of its relationship to the standard
shall be used in lieu of 0.140 for purposes of applying the
provisions of subparagraphs (B) and (C).
(c) References to terms
(1) Any reference in this subpart to a "Marginal Area", a
"Moderate Area", a "Serious Area", a "Severe Area", or an "Extreme
Area" shall be considered a reference to a Marginal Area, a
Moderate Area, a Serious Area, a Severe Area, or an Extreme Area as
respectively classified under this section.
(2) Any reference in this subpart to "next higher classification"
or comparable terms shall be considered a reference to the
classification related to the next higher set of design values in
table 1.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 181, as added Pub. L. 101-
549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2423.)
-MISC1-
EXEMPTIONS FOR STRIPPER WELLS
Section 819 of Pub. L. 101-549 provided that: "Notwithstanding
any other provision of law, the amendments to the Clean Air Act
made by section 103 of the Clean Air Act Amendments of 1990
[enacting this section and sections 7511a to 7511f of this title]
(relating to additional provisions for ozone nonattainment areas),
by section 104 of such amendments [enacting sections 7512 and 7512a
of this title] (relating to additional provisions for carbon
monoxide nonattainment areas), by section 105 of such amendments
[enacting sections 7513 to 7513b of this title and amending section
7476 of this title] (relating to additional provisions for PM-10
nonattainment areas), and by section 106 of such amendments
[enacting sections 7514 and 7514a of this title] (relating to
additional provisions for areas designated as nonattainment for
sulfur oxides, nitrogen dioxide, and lead) shall not apply with
respect to the production of and equipment used in the exploration,
production, development, storage or processing of -
"(1) oil from a stripper well property, within the meaning of
the June 1979 energy regulations (within the meaning of section
4996(b)(7) of the Internal Revenue Code of 1986 [26 U.S.C.
4996(b)(7)], as in effect before the repeal of such section); and
"(2) stripper well natural gas, as defined in section 108(b) of
the Natural Gas Policy Act of 1978 (15 U.S.C. 3318(b)).[,]
except to the extent that provisions of such amendments cover areas
designated as Serious pursuant to part D of title I of the Clean
Air Act [this part] and having a population of 350,000 or more, or
areas designated as Severe or Extreme pursuant to such part D."
-FOOTNOTE-
(!1) So in original. Probably should be "terms".
-End-
-CITE-
42 USC Sec. 7511a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
Sec. 7511a. Plan submissions and requirements
-STATUTE-
(a) Marginal Areas
Each State in which all or part of a Marginal Area is located
shall, with respect to the Marginal Area (or portion thereof, to
the extent specified in this subsection), submit to the
Administrator the State implementation plan revisions (including
the plan items) described under this subsection except to the
extent the State has made such submissions as of November 15, 1990.
(1) Inventory
Within 2 years after November 15, 1990, the State shall submit
a comprehensive, accurate, current inventory of actual emissions
from all sources, as described in section 7502(c)(3) of this
title, in accordance with guidance provided by the Administrator.
(2) Corrections to the State implementation plan
Within the periods prescribed in this paragraph, the State
shall submit a revision to the State implementation plan that
meets the following requirements -
(A) Reasonably available control technology corrections
For any Marginal Area (or, within the Administrator's
discretion, portion thereof) the State shall submit, within 6
months of the date of classification under section 7511(a) of
this title, a revision that includes such provisions to correct
requirements in (or add requirements to) the plan concerning
reasonably available control technology as were required under
section 7502(b) of this title (as in effect immediately before
November 15, 1990), as interpreted in guidance issued by the
Administrator under section 7408 of this title before November
15, 1990.
(B) Savings clause for vehicle inspection and maintenance
(i) For any Marginal Area (or, within the Administrator's
discretion, portion thereof), the plan for which already
includes, or was required by section 7502(b)(11)(B) of this
title (as in effect immediately before November 15, 1990) to
have included, a specific schedule for implementation of a
vehicle emission control inspection and maintenance program,
the State shall submit, immediately after November 15, 1990, a
revision that includes any provisions necessary to provide for
a vehicle inspection and maintenance program of no less
stringency than that of either the program defined in House
Report Numbered 95-294, 95th Congress, 1st Session, 281-291
(1977) as interpreted in guidance of the Administrator issued
pursuant to section 7502(b)(11)(B) of this title (as in effect
immediately before November 15, 1990) or the program already
included in the plan, whichever is more stringent.
(ii) Within 12 months after November 15, 1990, the
Administrator shall review, revise, update, and republish in
the Federal Register the guidance for the States for motor
vehicle inspection and maintenance programs required by this
chapter, taking into consideration the Administrator's
investigations and audits of such program. The guidance shall,
at a minimum, cover the frequency of inspections, the types of
vehicles to be inspected (which shall include leased vehicles
that are registered in the nonattainment area), vehicle
maintenance by owners and operators, audits by the State, the
test method and measures, including whether centralized or
decentralized, inspection methods and procedures, quality of
inspection, components covered, assurance that a vehicle
subject to a recall notice from a manufacturer has complied
with that notice, and effective implementation and enforcement,
including ensuring that any retesting of a vehicle after a
failure shall include proof of corrective action and providing
for denial of vehicle registration in the case of tampering or
misfueling. The guidance which shall be incorporated in the
applicable State implementation plans by the States shall
provide the States with continued reasonable flexibility to
fashion effective, reasonable, and fair programs for the
affected consumer. No later than 2 years after the
Administrator promulgates regulations under section 7521(m)(3)
of this title (relating to emission control diagnostics), the
State shall submit a revision to such program to meet any
requirements that the Administrator may prescribe under that
section.
(C) Permit programs
Within 2 years after November 15, 1990, the State shall
submit a revision that includes each of the following:
(i) Provisions to require permits, in accordance with
sections 7502(c)(5) and 7503 of this title, for the
construction and operation of each new or modified major
stationary source (with respect to ozone) to be located in
the area.
(ii) Provisions to correct requirements in (or add
requirements to) the plan concerning permit programs as were
required under section 7502(b)(6) of this title (as in effect
immediately before November 15, 1990), as interpreted in
regulations of the Administrator promulgated as of November
15, 1990.
(3) Periodic inventory
(A) General requirement
No later than the end of each 3-year period after submission
of the inventory under paragraph (1) until the area is
redesignated to attainment, the State shall submit a revised
inventory meeting the requirements of subsection (a)(1) of this
section.
(B) Emissions statements
(i) Within 2 years after November 15, 1990, the State shall
submit a revision to the State implementation plan to require
that the owner or operator of each stationary source of oxides
of nitrogen or volatile organic compounds provide the State
with a statement, in such form as the Administrator may
prescribe (or accept an equivalent alternative developed by the
State), for classes or categories of sources, showing the
actual emissions of oxides of nitrogen and volatile organic
compounds from that source. The first such statement shall be
submitted within 3 years after November 15, 1990. Subsequent
statements shall be submitted at least every year thereafter.
The statement shall contain a certification that the
information contained in the statement is accurate to the best
knowledge of the individual certifying the statement.
(ii) The State may waive the application of clause (i) to any
class or category of stationary sources which emit less than 25
tons per year of volatile organic compounds or oxides of
nitrogen if the State, in its submissions under subparagraphs
(!1) (1) or (3)(A), provides an inventory of emissions from
such class or category of sources, based on the use of the
emission factors established by the Administrator or other
methods acceptable to the Administrator.
(4) General offset requirement
For purposes of satisfying the emission offset requirements of
this part, the ratio of total emission reductions of volatile
organic compounds to total increased emissions of such air
pollutant shall be at least 1.1 to 1.
The Administrator may, in the Administrator's discretion, require
States to submit a schedule for submitting any of the revisions or
other items required under this subsection. The requirements of
this subsection shall apply in lieu of any requirement that the
State submit a demonstration that the applicable implementation
plan provides for attainment of the ozone standard by the
applicable attainment date in any Marginal Area. Section 7502(c)(9)
of this title (relating to contingency measures) shall not apply to
Marginal Areas.
(b) Moderate Areas
Each State in which all or part of a Moderate Area is located
shall, with respect to the Moderate Area, make the submissions
described under subsection (a) of this section (relating to
Marginal Areas), and shall also submit the revisions to the
applicable implementation plan described under this subsection.
(1) Plan provisions for reasonable further progress
(A) General rule
(i) By no later than 3 years after November 15, 1990, the
State shall submit a revision to the applicable implementation
plan to provide for volatile organic compound emission
reductions, within 6 years after November 15, 1990, of at least
15 percent from baseline emissions, accounting for any growth
in emissions after 1990. Such plan shall provide for such
specific annual reductions in emissions of volatile organic
compounds and oxides of nitrogen as necessary to attain the
national primary ambient air quality standard for ozone by the
attainment date applicable under this chapter. This
subparagraph shall not apply in the case of oxides of nitrogen
for those areas for which the Administrator determines (when
the Administrator approves the plan or plan revision) that
additional reductions of oxides of nitrogen would not
contribute to attainment.
(ii) A percentage less than 15 percent may be used for
purposes of clause (i) in the case of any State which
demonstrates to the satisfaction of the Administrator that -
(I) new source review provisions are applicable in the
nonattainment areas in the same manner and to the same extent
as required under subsection (e) of this section in the case
of Extreme Areas (with the exception that, in applying such
provisions, the terms "major source" and "major stationary
source" shall include (in addition to the sources described
in section 7602 of this title) any stationary source or group
of sources located within a contiguous area and under common
control that emits, or has the potential to emit, at least 5
tons per year of volatile organic compounds);
(II) reasonably available control technology is required
for all existing major sources (as defined in subclause (I));
and
(III) the plan reflecting a lesser percentage than 15
percent includes all measures that can feasibly be
implemented in the area, in light of technological
achievability.
To qualify for a lesser percentage under this clause, a State
must demonstrate to the satisfaction of the Administrator that
the plan for the area includes the measures that are achieved
in practice by sources in the same source category in
nonattainment areas of the next higher category.
(B) Baseline emissions
For purposes of subparagraph (A), the term "baseline
emissions" means the total amount of actual VOC or NOx
emissions from all anthropogenic sources in the area during the
calendar year 1990, excluding emissions that would be
eliminated under the regulations described in clauses (i) and
(ii) of subparagraph (D).
(C) General rule for creditability of reductions
Except as provided under subparagraph (D), emissions
reductions are creditable toward the 15 percent required under
subparagraph (A) to the extent they have actually occurred, as
of 6 years after November 15, 1990, from the implementation of
measures required under the applicable implementation plan,
rules promulgated by the Administrator, or a permit under
subchapter V of this chapter.
(D) Limits on creditability of reductions
Emission reductions from the following measures are not
creditable toward the 15 percent reductions required under
subparagraph (A):
(i) Any measure relating to motor vehicle exhaust or
evaporative emissions promulgated by the Administrator by
January 1, 1990.
(ii) Regulations concerning Reid Vapor Pressure promulgated
by the Administrator by November 15, 1990, or required to be
promulgated under section 7545(h) of this title.
(iii) Measures required under subsection (a)(2)(A) of this
section (concerning corrections to implementation plans
prescribed under guidance by the Administrator).
(iv) Measures required under subsection (a)(2)(B) of this
section to be submitted immediately after November 15, 1990
(concerning corrections to motor vehicle inspection and
maintenance programs).
(2) Reasonably available control technology
The State shall submit a revision to the applicable
implementation plan to include provisions to require the
implementation of reasonably available control technology under
section 7502(c)(1) of this title with respect to each of the
following:
(A) Each category of VOC sources in the area covered by a CTG
document issued by the Administrator between November 15, 1990,
and the date of attainment.
(B) All VOC sources in the area covered by any CTG issued
before November 15, 1990.
(C) All other major stationary sources of VOCs that are
located in the area.
Each revision described in subparagraph (A) shall be submitted
within the period set forth by the Administrator in issuing the
relevant CTG document. The revisions with respect to sources
described in subparagraphs (B) and (C) shall be submitted by 2
years after November 15, 1990, and shall provide for the
implementation of the required measures as expeditiously as
practicable but no later than May 31, 1995.
(3) Gasoline vapor recovery
(A) General rule
Not later than 2 years after November 15, 1990, the State
shall submit a revision to the applicable implementation plan
to require all owners or operators of gasoline dispensing
systems to install and operate, by the date prescribed under
subparagraph (B), a system for gasoline vapor recovery of
emissions from the fueling of motor vehicles. The Administrator
shall issue guidance as appropriate as to the effectiveness of
such system. This subparagraph shall apply only to facilities
which sell more than 10,000 gallons of gasoline per month
(50,000 gallons per month in the case of an independent small
business marketer of gasoline as defined in section 7625-1 (!2)
of this title).
(B) Effective date
The date required under subparagraph (A) shall be -
(i) 6 months after the adoption date, in the case of
gasoline dispensing facilities for which construction
commenced after November 15, 1990;
(ii) one year after the adoption date, in the case of
gasoline dispensing facilities which dispense at least
100,000 gallons of gasoline per month, based on average
monthly sales for the 2-year period before the adoption date;
or
(iii) 2 years after the adoption date, in the case of all
other gasoline dispensing facilities.
Any gasoline dispensing facility described under both clause
(i) and clause (ii) shall meet the requirements of clause (i).
(C) Reference to terms
For purposes of this paragraph, any reference to the term
"adoption date" shall be considered a reference to the date of
adoption by the State of requirements for the installation and
operation of a system for gasoline vapor recovery of emissions
from the fueling of motor vehicles.
(4) Motor vehicle inspection and maintenance
For all Moderate Areas, the State shall submit, immediately
after November 15, 1990, a revision to the applicable
implementation plan that includes provisions necessary to provide
for a vehicle inspection and maintenance program as described in
subsection (a)(2)(B) of this section (without regard to whether
or not the area was required by section 7502(b)(11)(B) of this
title (as in effect immediately before November 15, 1990) to have
included a specific schedule for implementation of such a
program).
(5) General offset requirement
For purposes of satisfying the emission offset requirements of
this part, the ratio of total emission reductions of volatile
organic compounds to total increase (!3) emissions of such air
pollutant shall be at least 1.15 to 1.
(c) Serious Areas
Except as otherwise specified in paragraph (4), each State in
which all or part of a Serious Area is located shall, with respect
to the Serious Area (or portion thereof, to the extent specified in
this subsection), make the submissions described under subsection
(b) of this section (relating to Moderate Areas), and shall also
submit the revisions to the applicable implementation plan
(including the plan items) described under this subsection. For any
Serious Area, the terms "major source" and "major stationary
source" include (in addition to the sources described in section
7602 of this title) any stationary source or group of sources
located within a contiguous area and under common control that
emits, or has the potential to emit, at least 50 tons per year of
volatile organic compounds.
(1) Enhanced monitoring
In order to obtain more comprehensive and representative data
on ozone air pollution, not later than 18 months after November
15, 1990, the Administrator shall promulgate rules, after notice
and public comment, for enhanced monitoring of ozone, oxides of
nitrogen, and volatile organic compounds. The rules shall, among
other things, cover the location and maintenance of monitors.
Immediately following the promulgation of rules by the
Administrator relating to enhanced monitoring, the State shall
commence such actions as may be necessary to adopt and implement
a program based on such rules, to improve monitoring for ambient
concentrations of ozone, oxides of nitrogen and volatile organic
compounds and to improve monitoring of emissions of oxides of
nitrogen and volatile organic compounds. Each State
implementation plan for the area shall contain measures to
improve the ambient monitoring of such air pollutants.
(2) Attainment and reasonable further progress demonstrations
Within 4 years after November 15, 1990, the State shall submit
a revision to the applicable implementation plan that includes
each of the following:
(A) Attainment demonstration
A demonstration that the plan, as revised, will provide for
attainment of the ozone national ambient air quality standard
by the applicable attainment date. This attainment
demonstration must be based on photochemical grid modeling or
any other analytical method determined by the Administrator, in
the Administrator's discretion, to be at least as effective.
(B) Reasonable further progress demonstration
A demonstration that the plan, as revised, will result in VOC
emissions reductions from the baseline emissions described in
subsection (b)(1)(B) of this section equal to the following
amount averaged over each consecutive 3-year period beginning 6
years after November 15, 1990, until the attainment date:
(i) at least 3 percent of baseline emissions each year; or
(ii) an amount less than 3 percent of such baseline
emissions each year, if the State demonstrates to the
satisfaction of the Administrator that the plan reflecting
such lesser amount includes all measures that can feasibly be
implemented in the area, in light of technological
achievability.
To lessen the 3 percent requirement under clause (ii), a State
must demonstrate to the satisfaction of the Administrator that
the plan for the area includes the measures that are achieved
in practice by sources in the same source category in
nonattainment areas of the next higher classification. Any
determination to lessen the 3 percent requirement shall be
reviewed at each milestone under subsection (g) of this section
and revised to reflect such new measures (if any) achieved in
practice by sources in the same category in any State, allowing
a reasonable time to implement such measures. The emission
reductions described in this subparagraph shall be calculated
in accordance with subsection (b)(1)(C) and (D) of this section
(concerning creditability of reductions). The reductions
creditable for the period beginning 6 years after November 15,
1990, shall include reductions that occurred before such
period, computed in accordance with subsection (b)(1) of this
section, that exceed the 15-percent amount of reductions
required under subsection (b)(1)(A) of this section.
(C) NOx control
The revision may contain, in lieu of the demonstration
required under subparagraph (B), a demonstration to the
satisfaction of the Administrator that the applicable
implementation plan, as revised, provides for reductions of
emissions of VOC's and oxides of nitrogen (calculated according
to the creditability provisions of subsection (b)(1)(C) and (D)
of this section), that would result in a reduction in ozone
concentrations at least equivalent to that which would result
from the amount of VOC emission reductions required under
subparagraph (B). Within 1 year after November 15, 1990, the
Administrator shall issue guidance concerning the conditions
under which NOx control may be substituted for VOC control
or may be combined with VOC control in order to maximize the
reduction in ozone air pollution. In accord with such guidance,
a lesser percentage of VOCs may be accepted as an adequate
demonstration for purposes of this subsection.
(3) Enhanced vehicle inspection and maintenance program
(A) Requirement for submission
Within 2 years after November 15, 1990, the State shall
submit a revision to the applicable implementation plan to
provide for an enhanced program to reduce hydrocarbon emissions
and NOx emissions from in-use motor vehicles registered in
each urbanized area (in the nonattainment area), as defined by
the Bureau of the Census, with a 1980 population of 200,000 or
more.
(B) Effective date of State programs; guidance
The State program required under subparagraph (A) shall take
effect no later than 2 years from November 15, 1990, and shall
comply in all respects with guidance published in the Federal
Register (and from time to time revised) by the Administrator
for enhanced vehicle inspection and maintenance programs. Such
guidance shall include -
(i) a performance standard achievable by a program
combining emission testing, including on-road emission
testing, with inspection to detect tampering with emission
control devices and misfueling for all light-duty vehicles
and all light-duty trucks subject to standards under section
7521 of this title; and
(ii) program administration features necessary to
reasonably assure that adequate management resources, tools,
and practices are in place to attain and maintain the
performance standard.
Compliance with the performance standard under clause (i) shall
be determined using a method to be established by the
Administrator.
(C) State program
The State program required under subparagraph (A) shall
include, at a minimum, each of the following elements -
(i) Computerized emission analyzers, including on-road
testing devices.
(ii) No waivers for vehicles and parts covered by the
emission control performance warranty as provided for in
section 7541(b) of this title unless a warranty remedy has
been denied in writing, or for tampering-related repairs.
(iii) In view of the air quality purpose of the program,
if, for any vehicle, waivers are permitted for emissions-
related repairs not covered by warranty, an expenditure to
qualify for the waiver of an amount of $450 or more for such
repairs (adjusted annually as determined by the Administrator
on the basis of the Consumer Price Index in the same manner
as provided in subchapter V of this chapter).
(iv) Enforcement through denial of vehicle registration
(except for any program in operation before November 15,
1990, whose enforcement mechanism is demonstrated to the
Administrator to be more effective than the applicable
vehicle registration program in assuring that noncomplying
vehicles are not operated on public roads).
(v) Annual emission testing and necessary adjustment,
repair, and maintenance, unless the State demonstrates to the
satisfaction of the Administrator that a biennial inspection,
in combination with other features of the program which
exceed the requirements of this chapter, will result in
emission reductions which equal or exceed the reductions
which can be obtained through such annual inspections.
(vi) Operation of the program on a centralized basis,
unless the State demonstrates to the satisfaction of the
Administrator that a decentralized program will be equally
effective. An electronically connected testing system, a
licensing system, or other measures (or any combination
thereof) may be considered, in accordance with criteria
established by the Administrator, as equally effective for
such purposes.
(vii) Inspection of emission control diagnostic systems and
the maintenance or repair of malfunctions or system
deterioration identified by or affecting such diagnostics
systems.
Each State shall biennially prepare a report to the
Administrator which assesses the emission reductions achieved
by the program required under this paragraph based on data
collected during inspection and repair of vehicles. The methods
used to assess the emission reductions shall be those
established by the Administrator.
(4) Clean-fuel vehicle programs
(A) Except to the extent that substitute provisions have been
approved by the Administrator under subparagraph (B), the State
shall submit to the Administrator, within 42 months of November
15, 1990, a revision to the applicable implementation plan for
each area described under part C of subchapter II of this chapter
to include such measures as may be necessary to ensure the
effectiveness of the applicable provisions of the clean-fuel
vehicle program prescribed under part C of subchapter II of this
chapter, including all measures necessary to make the use of
clean alternative fuels in clean-fuel vehicles (as defined in
part C of subchapter II of this chapter) economic from the
standpoint of vehicle owners. Such a revision shall also be
submitted for each area that opts into the clean fuel-vehicle
program as provided in part C of subchapter II of this chapter.
(B) The Administrator shall approve, as a substitute for all or
a portion of the clean-fuel vehicle program prescribed under part
C of subchapter II of this chapter, any revision to the relevant
applicable implementation plan that in the Administrator's
judgment will achieve long-term reductions in ozone-producing and
toxic air emissions equal to those achieved under part C of
subchapter II of this chapter, or the percentage thereof
attributable to the portion of the clean-fuel vehicle program for
which the revision is to substitute. The Administrator may
approve such revision only if it consists exclusively of
provisions other than those required under this chapter for the
area. Any State seeking approval of such revision must submit the
revision to the Administrator within 24 months of November 15,
1990. The Administrator shall approve or disapprove any such
revision within 30 months of November 15, 1990. The Administrator
shall publish the revision submitted by a State in the Federal
Register upon receipt. Such notice shall constitute a notice of
proposed rulemaking on whether or not to approve such revision
and shall be deemed to comply with the requirements concerning
notices of proposed rulemaking contained in sections 553 through
557 of title 5 (related to notice and comment). Where the
Administrator approves such revision for any area, the State need
not submit the revision required by subparagraph (A) for the area
with respect to the portions of the Federal clean-fuel vehicle
program for which the Administrator has approved the revision as
a substitute.
(C) If the Administrator determines, under section 7509 of this
title, that the State has failed to submit any portion of the
program required under subparagraph (A), then, in addition to any
sanctions available under section 7509 of this title, the State
may not receive credit, in any demonstration of attainment or
reasonable further progress for the area, for any emission
reductions from implementation of the corresponding aspects of
the Federal clean-fuel vehicle requirements established in part C
of subchapter II of this chapter.
(5) Transportation control
(A) (!4) Beginning 6 years after November 15, 1990, and each
third year thereafter, the State shall submit a demonstration as
to whether current aggregate vehicle mileage, aggregate vehicle
emissions, congestion levels, and other relevant parameters are
consistent with those used for the area's demonstration of
attainment. Where such parameters and emissions levels exceed the
levels projected for purposes of the area's attainment
demonstration, the State shall within 18 months develop and
submit a revision of the applicable implementation plan that
includes a transportation control measures program consisting of
measures from, but not limited to, section 7408(f) of this title
that will reduce emissions to levels that are consistent with
emission levels projected in such demonstration. In considering
such measures, the State should ensure adequate access to
downtown, other commercial, and residential areas and should
avoid measures that increase or relocate emissions and congestion
rather than reduce them. Such revision shall be developed in
accordance with guidance issued by the Administrator pursuant to
section 7408(e) of this title and with the requirements of
section 7504(b) of this title and shall include implementation
and funding schedules that achieve expeditious emissions
reductions in accordance with implementation plan projections.
(6) De minimis rule
The new source review provisions under this part shall ensure
that increased emissions of volatile organic compounds resulting
from any physical change in, or change in the method of operation
of, a stationary source located in the area shall not be
considered de minimis for purposes of determining the
applicability of the permit requirements established by this
chapter unless the increase in net emissions of such air
pollutant from such source does not exceed 25 tons when
aggregated with all other net increases in emissions from the
source over any period of 5 consecutive calendar years which
includes the calendar year in which such increase occurred.
(7) Special rule for modifications of sources emitting less than
100 tons
In the case of any major stationary source of volatile organic
compounds located in the area (other than a source which emits or
has the potential to emit 100 tons or more of volatile organic
compounds per year), whenever any change (as described in section
7411(a)(4) of this title) at that source results in any increase
(other than a de minimis increase) in emissions of volatile
organic compounds from any discrete operation, unit, or other
pollutant emitting activity at the source, such increase shall be
considered a modification for purposes of section 7502(c)(5) of
this title and section 7503(a) of this title, except that such
increase shall not be considered a modification for such purposes
if the owner or operator of the source elects to offset the
increase by a greater reduction in emissions of volatile organic
compounds concerned from other operations, units, or activities
within the source at an internal offset ratio of at least 1.3 to
1. If the owner or operator does not make such election, such
change shall be considered a modification for such purposes, but
in applying section 7503(a)(2) of this title in the case of any
such modification, the best available control technology (BACT),
as defined in section 7479 of this title, shall be substituted
for the lowest achievable emission rate (LAER). The Administrator
shall establish and publish policies and procedures for
implementing the provisions of this paragraph.
(8) Special rule for modifications of sources emitting 100 tons
or more
In the case of any major stationary source of volatile organic
compounds located in the area which emits or has the potential to
emit 100 tons or more of volatile organic compounds per year,
whenever any change (as described in section 7411(a)(4) of this
title) at that source results in any increase (other than a de
minimis increase) in emissions of volatile organic compounds from
any discrete operation, unit, or other pollutant emitting
activity at the source, such increase shall be considered a
modification for purposes of section 7502(c)(5) of this title and
section 7503(a) of this title, except that if the owner or
operator of the source elects to offset the increase by a greater
reduction in emissions of volatile organic compounds from other
operations, units, or activities within the source at an internal
offset ratio of at least 1.3 to 1, the requirements of section
7503(a)(2) of this title (concerning the lowest achievable
emission rate (LAER)) shall not apply.
(9) Contingency provisions
In addition to the contingency provisions required under
section 7502(c)(9) of this title, the plan revision shall provide
for the implementation of specific measures to be undertaken if
the area fails to meet any applicable milestone. Such measures
shall be included in the plan revision as contingency measures to
take effect without further action by the State or the
Administrator upon a failure by the State to meet the applicable
milestone.
(10) General offset requirement
For purposes of satisfying the emission offset requirements of
this part, the ratio of total emission reductions of volatile
organic compounds to total increase emissions of such air
pollutant shall be at least 1.2 to 1.
Any reference to "attainment date" in subsection (b) of this
section, which is incorporated by reference into this subsection,
shall refer to the attainment date for serious areas.
(d) Severe Areas
Each State in which all or part of a Severe Area is located
shall, with respect to the Severe Area, make the submissions
described under subsection (c) of this section (relating to Serious
Areas), and shall also submit the revisions to the applicable
implementation plan (including the plan items) described under this
subsection. For any Severe Area, the terms "major source" and
"major stationary source" include (in addition to the sources
described in section 7602 of this title) any stationary source or
group of sources located within a contiguous area and under common
control that emits, or has the potential to emit, at least 25 tons
per year of volatile organic compounds.
(1) Vehicle miles traveled
(A) Within 2 years after November 15, 1990, the State shall
submit a revision that identifies and adopts specific enforceable
transportation control strategies and transportation control
measures to offset any growth in emissions from growth in vehicle
miles traveled or numbers of vehicle trips in such area and to
attain reduction in motor vehicle emissions as necessary, in
combination with other emission reduction requirements of this
subpart, to comply with the requirements of subsection (!5)
(b)(2)(B) and (c)(2)(B) of this section (pertaining to periodic
emissions reduction requirements). The State shall consider
measures specified in section 7408(f) of this title, and choose
from among and implement such measures as necessary to
demonstrate attainment with the national ambient air quality
standards; in considering such measures, the State should ensure
adequate access to downtown, other commercial, and residential
areas and should avoid measures that increase or relocate
emissions and congestion rather than reduce them.
(B) The State may also, in its discretion, submit a revision at
any time requiring employers in such area to implement programs
to reduce work-related vehicle trips and miles travelled by
employees. Such revision shall be developed in accordance with
guidance issued by the Administrator pursuant to section 7408(f)
of this title and may require that employers in such area
increase average passenger occupancy per vehicle in commuting
trips between home and the workplace during peak travel periods.
The guidance of the Administrator may specify average vehicle
occupancy rates which vary for locations within a nonattainment
area (suburban, center city, business district) or among
nonattainment areas reflecting existing occupancy rates and the
availability of high occupancy modes. Any State required to
submit a revision under this subparagraph (as in effect before
December 23, 1995) containing provisions requiring employers to
reduce work-related vehicle trips and miles travelled by
employees may, in accordance with State law, remove such
provisions from the implementation plan, or withdraw its
submission, if the State notifies the Administrator, in writing,
that the State has undertaken, or will undertake, one or more
alternative methods that will achieve emission reductions
equivalent to those to be achieved by the removed or withdrawn
provisions.
(2) Offset requirement
For purposes of satisfying the offset requirements pursuant to
this part, the ratio of total emission reductions of VOCs to
total increased emissions of such air pollutant shall be at least
1.3 to 1, except that if the State plan requires all existing
major sources in the nonattainment area to use best available
control technology (as defined in section 7479(3) of this title)
for the control of volatile organic compounds, the ratio shall be
at least 1.2 to 1.
(3) Enforcement under section 7511d
By December 31, 2000, the State shall submit a plan revision
which includes the provisions required under section 7511d of
this title.
Any reference to the term "attainment date" in subsection (b) or
(c) of this section, which is incorporated by reference into this
subsection (d), shall refer to the attainment date for Severe
Areas.
(e) Extreme Areas
Each State in which all or part of an Extreme Area is located
shall, with respect to the Extreme Area, make the submissions
described under subsection (d) of this section (relating to Severe
Areas), and shall also submit the revisions to the applicable
implementation plan (including the plan items) described under this
subsection. The provisions of clause (ii) of subsection (c)(2)(B)
of this section (relating to reductions of less than 3 percent),
the provisions of paragaphs (!6) (6), (7) and (8) of subsection (c)
of this section (relating to de minimus (!7) rule and modification
of sources), and the provisions of clause (ii) of subsection
(b)(1)(A) of this section (relating to reductions of less than 15
percent) shall not apply in the case of an Extreme Area. For any
Extreme Area, the terms "major source" and "major stationary
source" includes (!8) (in addition to the sources described in
section 7602 of this title) any stationary source or group of
sources located within a contiguous area and under common control
that emits, or has the potential to emit, at least 10 tons per year
of volatile organic compounds.
(1) Offset requirement
For purposes of satisfying the offset requirements pursuant to
this part, the ratio of total emission reductions of VOCs to
total increased emissions of such air pollutant shall be at least
1.5 to 1, except that if the State plan requires all existing
major sources in the nonattainment area to use best available
control technology (as defined in section 7479(3) of this title)
for the control of volatile organic compounds, the ratio shall be
at least 1.2 to 1.
(2) Modifications
Any change (as described in section 7411(a)(4) of this title)
at a major stationary source which results in any increase in
emissions from any discrete operation, unit, or other pollutant
emitting activity at the source shall be considered a
modification for purposes of section 7502(c)(5) of this title and
section 7503(a) of this title, except that for purposes of
complying with the offset requirement pursuant to section
7503(a)(1) of this title, any such increase shall not be
considered a modification if the owner or operator of the source
elects to offset the increase by a greater reduction in emissions
of the air pollutant concerned from other discrete operations,
units, or activities within the source at an internal offset
ratio of at least 1.3 to 1. The offset requirements of this part
shall not be applicable in Extreme Areas to a modification of an
existing source if such modification consists of installation of
equipment required to comply with the applicable implementation
plan, permit, or this chapter.
(3) Use of clean fuels or advanced control technology
For Extreme Areas, a plan revision shall be submitted within 3
years after November 15, 1990, to require, effective 8 years
after November 15, 1990, that each new, modified, and existing
electric utility and industrial and commercial boiler which emits
more than 25 tons per year of oxides of nitrogen -
(A) burn as its primary fuel natural gas, methanol, or
ethanol (or a comparably low polluting fuel), or
(B) use advanced control technology (such as catalytic
control technology or other comparably effective control
methods) for reduction of emissions of oxides of nitrogen.
For purposes of this subsection, the term "primary fuel" means
the fuel which is used 90 percent or more of the operating time.
This paragraph shall not apply during any natural gas supply
emergency (as defined in title III of the Natural Gas Policy Act
of 1978 [15 U.S.C. 3361 et seq.]).
(4) Traffic control measures during heavy traffic hours
For Extreme Areas, each implementation plan revision under this
subsection may contain provisions establishing traffic control
measures applicable during heavy traffic hours to reduce the use
of high polluting vehicles or heavy-duty vehicles,
notwithstanding any other provision of law.
(5) New technologies
The Administrator may, in accordance with section 7410 of this
title, approve provisions of an implementation plan for an
Extreme Area which anticipate development of new control
techniques or improvement of existing control technologies, and
an attainment demonstration based on such provisions, if the
State demonstrates to the satisfaction of the Administrator that -
(A) such provisions are not necessary to achieve the
incremental emission reductions required during the first 10
years after November 15, 1990; and
(B) the State has submitted enforceable commitments to
develop and adopt contingency measures to be implemented as set
forth herein if the anticipated technologies do not achieve
planned reductions.
Such contingency measures shall be submitted to the Administrator
no later than 3 years before proposed implementation of the plan
provisions and approved or disapproved by the Administrator in
accordance with section 7410 of this title. The contingency
measures shall be adequate to produce emission reductions
sufficient, in conjunction with other approved plan provisions,
to achieve the periodic emission reductions required by
subsection (b)(1) or (c)(2) of this section and attainment by the
applicable dates. If the Administrator determines that an Extreme
Area has failed to achieve an emission reduction requirement set
forth in subsection (b)(1) or (c)(2) of this section, and that
such failure is due in whole or part to an inability to fully
implement provisions approved pursuant to this subsection, the
Administrator shall require the State to implement the
contingency measures to the extent necessary to assure compliance
with subsections (b)(1) and (c)(2) of this section.
Any reference to the term "attainment date" in subsection (b), (c),
or (d) of this section which is incorporated by reference into this
subsection, shall refer to the attainment date for Extreme Areas.
(f) NOx requirements
(1) The plan provisions required under this subpart for major
stationary sources of volatile organic compounds shall also apply
to major stationary sources (as defined in section 7602 of this
title and subsections (c), (d), and (e) of this section) of oxides
of nitrogen. This subsection shall not apply in the case of oxides
of nitrogen for those sources for which the Administrator
determines (when the Administrator approves a plan or plan
revision) that net air quality benefits are greater in the absence
of reductions of oxides of nitrogen from the sources concerned.
This subsection shall also not apply in the case of oxides of
nitrogen for -
(A) nonattainment areas not within an ozone transport region
under section 7511c of this title, if the Administrator
determines (when the Administrator approves a plan or plan
revision) that additional reductions of oxides of nitrogen would
not contribute to attainment of the national ambient air quality
standard for ozone in the area, or
(B) nonattainment areas within such an ozone transport region
if the Administrator determines (when the Administrator approves
a plan or plan revision) that additional reductions of oxides of
nitrogen would not produce net ozone air quality benefits in such
region.
The Administrator shall, in the Administrator's determinations,
consider the study required under section 7511f of this title.
(2)(A) If the Administrator determines that excess reductions in
emissions of NOx would be achieved under paragraph (1), the
Administrator may limit the application of paragraph (1) to the
extent necessary to avoid achieving such excess reductions.
(B) For purposes of this paragraph, excess reductions in
emissions of NOx are emission reductions for which the
Administrator determines that net air quality benefits are greater
in the absence of such reductions. Alternatively, for purposes of
this paragraph, excess reductions in emissions of NOx are, for -
(i) nonattainment areas not within an ozone transport region
under section 7511c of this title, emission reductions that the
Administrator determines would not contribute to attainment of
the national ambient air quality standard for ozone in the area,
or
(ii) nonattainment areas within such ozone transport region,
emission reductions that the Administrator determines would not
produce net ozone air quality benefits in such region.
(3) At any time after the final report under section 7511f of
this title is submitted to Congress, a person may petition the
Administrator for a determination under paragraph (1) or (2) with
respect to any nonattainment area or any ozone transport region
under section 7511c of this title. The Administrator shall grant or
deny such petition within 6 months after its filing with the
Administrator.
(g) Milestones
(1) Reductions in emissions
6 years after November 15, 1990, and at intervals of every 3
years thereafter, the State shall determine whether each
nonattainment area (other than an area classified as Marginal or
Moderate) has achieved a reduction in emissions during the
preceding intervals equivalent to the total emission reductions
required to be achieved by the end of such interval pursuant to
subsection (b)(1) of this section and the corresponding
requirements of subsections (c)(2)(B) and (C), (d), and (e) of
this section. Such reduction shall be referred to in this section
as an applicable milestone.
(2) Compliance demonstration
For each nonattainment area referred to in paragraph (1), not
later than 90 days after the date on which an applicable
milestone occurs (not including an attainment date on which a
milestone occurs in cases where the standard has been attained),
each State in which all or part of such area is located shall
submit to the Administrator a demonstration that the milestone
has been met. A demonstration under this paragraph shall be
submitted in such form and manner, and shall contain such
information and analysis, as the Administrator shall require, by
rule. The Administrator shall determine whether or not a State's
demonstration is adequate within 90 days after the
Administrator's receipt of a demonstration which contains the
information and analysis required by the Administrator.
(3) Serious and Severe Areas; State election
If a State fails to submit a demonstration under paragraph (2)
for any Serious or Severe Area within the required period or if
the Administrator determines that the area has not met any
applicable milestone, the State shall elect, within 90 days after
such failure or determination -
(A) to have the area reclassified to the next higher
classification,
(B) to implement specific additional measures adequate, as
determined by the Administrator, to meet the next milestone as
provided in the applicable contingency plan, or
(C) to adopt an economic incentive program as described in
paragraph (4).
If the State makes an election under subparagraph (B), the
Administrator shall, within 90 days after the election, review
such plan and shall, if the Administrator finds the contingency
plan inadequate, require further measures necessary to meet such
milestone. Once the State makes an election, it shall be deemed
accepted by the Administrator as meeting the election
requirement. If the State fails to make an election required
under this paragraph within the required 90-day period or within
6 months thereafter, the area shall be reclassified to the next
higher classification by operation of law at the expiration of
such 6-month period. Within 12 months after the date required for
the State to make an election, the State shall submit a revision
of the applicable implementation plan for the area that meets the
requirements of this paragraph. The Administrator shall review
such plan revision and approve or disapprove the revision within
9 months after the date of its submission.
(4) Economic incentive program
(A) An economic incentive program under this paragraph shall be
consistent with rules published by the Administrator and
sufficient, in combination with other elements of the State plan,
to achieve the next milestone. The State program may include a
nondiscriminatory system, consistent with applicable law
regarding interstate commerce, of State established emissions
fees or a system of marketable permits, or a system of State fees
on sale or manufacture of products the use of which contributes
to ozone formation, or any combination of the foregoing or other
similar measures. The program may also include incentives and
requirements to reduce vehicle emissions and vehicle miles
traveled in the area, including any of the transportation control
measures identified in section 7408(f) of this title.
(B) Within 2 years after November 15, 1990, the Administrator
shall publish rules for the programs to be adopted pursuant to
subparagraph (A). Such rules shall include model plan provisions
which may be adopted for reducing emissions from permitted
stationary sources, area sources, and mobile sources. The
guidelines shall require that any revenues generated by the plan
provisions adopted pursuant to subparagraph (A) shall be used by
the State for any of the following:
(i) Providing incentives for achieving emission reductions.
(ii) Providing assistance for the development of innovative
technologies for the control of ozone air pollution and for the
development of lower-polluting solvents and surface coatings.
Such assistance shall not provide for the payment of more than
75 percent of either the costs of any project to develop such a
technology or the costs of development of a lower-polluting
solvent or surface coating.
(iii) Funding the administrative costs of State programs
under this chapter. Not more than 50 percent of such revenues
may be used for purposes of this clause.
(5) Extreme Areas
If a State fails to submit a demonstration under paragraph (2)
for any Extreme Area within the required period, or if the
Administrator determines that the area has not met any applicable
milestone, the State shall, within 9 months after such failure or
determination, submit a plan revision to implement an economic
incentive program which meets the requirements of paragraph (4).
The Administrator shall review such plan revision and approve or
disapprove the revision within 9 months after the date of its
submission.
(h) Rural transport areas
(1) Notwithstanding any other provision of section 7511 of this
title or this section, a State containing an ozone nonattainment
area that does not include, and is not adjacent to, any part of a
Metropolitan Statistical Area or, where one exists, a Consolidated
Metropolitan Statistical Area (as defined by the United States
Bureau of the Census), which area is treated by the Administrator,
in the Administrator's discretion, as a rural transport area within
the meaning of paragraph (2), shall be treated by operation of law
as satisfying the requirements of this section if it makes the
submissions required under subsection (a) of this section (relating
to marginal areas).
(2) The Administrator may treat an ozone nonattainment area as a
rural transport area if the Administrator finds that sources of VOC
(and, where the Administrator determines relevant, NOx)
emissions within the area do not make a significant contribution to
the ozone concentrations measured in the area or in other areas.
(i) Reclassified areas
Each State containing an ozone nonattainment area reclassified
under section 7511(b)(2) of this title shall meet such requirements
of subsections (b) through (d) of this section as may be applicable
to the area as reclassified, according to the schedules prescribed
in connection with such requirements, except that the Administrator
may adjust any applicable deadlines (other than attainment dates)
to the extent such adjustment is necessary or appropriate to assure
consistency among the required submissions.
(j) Multi-State ozone nonattainment areas
(1) Coordination among States
Each State in which there is located a portion of a single
ozone nonattainment area which covers more than one State
(hereinafter in this section referred to as a "multi-State ozone
nonattainment area") shall -
(A) take all reasonable steps to coordinate, substantively
and procedurally, the revisions and implementation of State
implementation plans applicable to the nonattainment area
concerned; and
(B) use photochemical grid modeling or any other analytical
method determined by the Administrator, in his discretion, to
be at least as effective.
The Administrator may not approve any revision of a State
implementation plan submitted under this part for a State in
which part of a multi-State ozone nonattainment area is located
if the plan revision for that State fails to comply with the
requirements of this subsection.
(2) Failure to demonstrate attainment
If any State in which there is located a portion of a multi-
State ozone nonattainment area fails to provide a demonstration
of attainment of the national ambient air quality standard for
ozone in that portion within the required period, the State may
petition the Administrator to make a finding that the State would
have been able to make such demonstration but for the failure of
one or more other States in which other portions of the area are
located to commit to the implementation of all measures required
under this section (relating to plan submissions and requirements
for ozone nonattainment areas). If the Administrator makes such
finding, the provisions of section 7509 of this title (relating
to sanctions) shall not apply, by reason of the failure to make
such demonstration, in the portion of the multi-State ozone
nonattainment area within the State submitting such petition.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 182, as added Pub. L. 101-
549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2426; amended
Pub. L. 104-70, Sec. 1, Dec. 23, 1995, 109 Stat. 773.)
-REFTEXT-
REFERENCES IN TEXT
The Natural Gas Policy Act of 1978, referred to in subsec.
(e)(3), is Pub. L. 95-621, Nov. 9, 1978, 92 Stat. 3350, as amended.
Title III of the Act is classified generally to subchapter III
(Sec. 3361 et seq.) of chapter 60 of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see Short
Title note set out under section 3301 of Title 15 and Tables.
-MISC1-
AMENDMENTS
1995 - Subsec. (d)(1)(B). Pub. L. 104-70 amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: "Within
2 years after November 15, 1990, the State shall submit a revision
requiring employers in such area to implement programs to reduce
work-related vehicle trips and miles traveled by employees. Such
revision shall be developed in accordance with guidance issued by
the Administrator pursuant to section 7408(f) of this title and
shall, at a minimum, require that each employer of 100 or more
persons in such area increase average passenger occupancy per
vehicle in commuting trips between home and the workplace during
peak travel periods by not less than 25 percent above the average
vehicle occupancy for all such trips in the area at the time the
revision is submitted. The guidance of the Administrator may
specify average vehicle occupancy rates which vary for locations
within a nonattainment area (suburban, center city, business
district) or among nonattainment areas reflecting existing
occupancy rates and the availability of high occupancy modes. The
revision shall provide that each employer subject to a vehicle
occupancy requirement shall submit a compliance plan within 2 years
after the date the revision is submitted which shall convincingly
demonstrate compliance with the requirements of this paragraph not
later than 4 years after such date."
MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS
Pub. L. 104-59, title III, Sec. 348, Nov. 28, 1995, 109 Stat.
617, provided that:
"(a) In General. - The Administrator of the Environmental
Protection Agency (hereinafter in this section referred to as the
'Administrator') shall not require adoption or implementation by a
State of a test-only I/M240 enhanced vehicle inspection and
maintenance program as a means of compliance with section 182 or
187 of the Clean Air Act (42 U.S.C. 7511a; 7512a), but the
Administrator may approve such a program if a State chooses to
adopt the program as a means of compliance with such section.
"(b) Limitation on Plan Disapproval. - The Administrator shall
not disapprove or apply an automatic discount to a State
implementation plan revision under section 182 or 187 of the Clean
Air Act (42 U.S.C. 7511a; 7512a) on the basis of a policy,
regulation, or guidance providing for a discount of emissions
credits because the inspection and maintenance program in such plan
revision is decentralized or a test-and-repair program.
"(c) Emissions Reduction Credits. -
"(1) State plan revision; approval. - Within 120 days of the
date of the enactment of this subsection [Nov. 28, 1995], a State
may submit an implementation plan revision proposing an interim
inspection and maintenance program under section 182 or 187 of
the Clean Air Act (42 U.S.C. 7511a; 7512a). The Administrator
shall approve the program based on the full amount of credits
proposed by the State for each element of the program if the
proposed credits reflect good faith estimates by the State and
the revision is otherwise in compliance with such Act. If, within
such 120-day period, the State submits to the Administrator
proposed revisions to the implementation plan, has all of the
statutory authority necessary to implement the revisions, and has
proposed a regulation to make the revisions, the Administrator
may approve the revisions without regard to whether or not such
regulation has been issued as a final regulation by the State.
"(2) Expiration of interim approval. - The interim approval
shall expire on the earlier of (A) the last day of the 18-month
period beginning on the date of the interim approval, or (B) the
date of final approval. The interim approval may not be extended.
"(3) Final approval. - The Administrator shall grant final
approval of the revision based on the credits proposed by the
State during or after the period of interim approval if data
collected on the operation of the State program demonstrates that
the credits are appropriate and the revision is otherwise in
compliance with the Clean Air Act [42 U.S.C. 7401 et seq.].
"(4) Basis of approval; no automatic discount. - Any
determination with respect to interim or full approval shall be
based on the elements of the program and shall not apply any
automatic discount because the program is decentralized or a test-
and-repair program."
-FOOTNOTE-
(!1) So in original. Probably should be "subparagraph".
(!2) So in original. Probably should be section "7625".
(!3) So in original. Probably should be "increased".
(!4) So in original. No subpar. (B) has been enacted.
(!5) So in original. Probably should be "subsections".
(!6) So in original. Probably should be "paragraphs".
(!7) So in original. Probably should be "de minimis".
(!8) So in original. Probably should be "include".
-End-
-CITE-
42 USC Sec. 7511b 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
Sec. 7511b. Federal ozone measures
-STATUTE-
(a) Control techniques guidelines for VOC sources
Within 3 years after November 15, 1990, the Administrator shall
issue control techniques guidelines, in accordance with section
7408 of this title, for 11 categories of stationary sources of VOC
emissions for which such guidelines have not been issued as of
November 15, 1990, not including the categories referred to in
paragraphs (3) and (4) of subsection (b) of this section. The
Administrator may issue such additional control techniques
guidelines as the Administrator deems necessary.
(b) Existing and new CTGS
(1) Within 36 months after November 15, 1990, and periodically
thereafter, the Administrator shall review and, if necessary,
update control technique guidance issued under section 7408 of this
title before November 15, 1990.
(2) In issuing the guidelines the Administrator shall give
priority to those categories which the Administrator considers to
make the most significant contribution to the formation of ozone
air pollution in ozone nonattainment areas, including hazardous
waste treatment, storage, and disposal facilities which are
permitted under subtitle C of the Solid Waste Disposal Act [42
U.S.C. 6921 et seq.]. Thereafter the Administrator shall
periodically review and, if necessary, revise such guidelines.
(3) Within 3 years after November 15, 1990, the Administrator
shall issue control techniques guidelines in accordance with
section 7408 of this title to reduce the aggregate emissions of
volatile organic compounds into the ambient air from aerospace
coatings and solvents. Such control techniques guidelines shall, at
a minimum, be adequate to reduce aggregate emissions of volatile
organic compounds into the ambient air from the application of such
coatings and solvents to such level as the Administrator determines
may be achieved through the adoption of best available control
measures. Such control technology guidance shall provide for such
reductions in such increments and on such schedules as the
Administrator determines to be reasonable, but in no event later
than 10 years after the final issuance of such control technology
guidance. In developing control technology guidance under this
subsection, the Administrator shall consult with the Secretary of
Defense, the Secretary of Transportation, and the Administrator of
the National Aeronautics and Space Administration with regard to
the establishment of specifications for such coatings. In
evaluating VOC reduction strategies, the guidance shall take into
account the applicable requirements of section 7412 of this title
and the need to protect stratospheric ozone.
(4) Within 3 years after November 15, 1990, the Administrator
shall issue control techniques guidelines in accordance with
section 7408 of this title to reduce the aggregate emissions of
volatile organic compounds and PM-10 into the ambient air from
paints, coatings, and solvents used in shipbuilding operations and
ship repair. Such control techniques guidelines shall, at a
minimum, be adequate to reduce aggregate emissions of volatile
organic compounds and PM-10 into the ambient air from the removal
or application of such paints, coatings, and solvents to such level
as the Administrator determines may be achieved through the
adoption of the best available control measures. Such control
techniques guidelines shall provide for such reductions in such
increments and on such schedules as the Administrator determines to
be reasonable, but in no event later than 10 years after the final
issuance of such control technology guidance. In developing control
techniques guidelines under this subsection, the Administrator
shall consult with the appropriate Federal agencies.
(c) Alternative control techniques
Within 3 years after November 15, 1990, the Administrator shall
issue technical documents which identify alternative controls for
all categories of stationary sources of volatile organic compounds
and oxides of nitrogen which emit, or have the potential to emit 25
tons per year or more of such air pollutant. The Administrator
shall revise and update such documents as the Administrator
determines necessary.
(d) Guidance for evaluating cost-effectiveness
Within 1 year after November 15, 1990, the Administrator shall
provide guidance to the States to be used in evaluating the
relative cost-effectiveness of various options for the control of
emissions from existing stationary sources of air pollutants which
contribute to nonattainment of the national ambient air quality
standards for ozone.
(e) Control of emissions from certain sources
(1) Definitions
For purposes of this subsection -
(A) Best available controls
The term "best available controls" means the degree of
emissions reduction that the Administrator determines, on the
basis of technological and economic feasibility, health,
environmental, and energy impacts, is achievable through the
application of the most effective equipment, measures,
processes, methods, systems or techniques, including chemical
reformulation, product or feedstock substitution, repackaging,
and directions for use, consumption, storage, or disposal.
(B) Consumer or commercial product
The term "consumer or commercial product" means any
substance, product (including paints, coatings, and solvents),
or article (including any container or packaging) held by any
person, the use, consumption, storage, disposal, destruction,
or decomposition of which may result in the release of volatile
organic compounds. The term does not include fuels or fuel
additives regulated under section 7545 of this title, or motor
vehicles, non-road vehicles, and non-road engines as defined
under section 7550 of this title.
(C) Regulated entities
The term "regulated entities" means -
(i) manufacturers, processors, wholesale distributors, or
importers of consumer or commercial products for sale or
distribution in interstate commerce in the United States; or
(ii) manufacturers, processors, wholesale distributors, or
importers that supply the entities listed under clause (i)
with such products for sale or distribution in interstate
commerce in the United States.
(2) Study and report
(A) Study
The Administrator shall conduct a study of the emissions of
volatile organic compounds into the ambient air from consumer
and commercial products (or any combination thereof) in order
to -
(i) determine their potential to contribute to ozone levels
which violate the national ambient air quality standard for
ozone; and
(ii) establish criteria for regulating consumer and
commercial products or classes or categories thereof which
shall be subject to control under this subsection.
The study shall be completed and a report submitted to Congress
not later than 3 years after November 15, 1990.
(B) Consideration of certain factors
In establishing the criteria under subparagraph (A)(ii), the
Administrator shall take into consideration each of the
following:
(i) The uses, benefits, and commercial demand of consumer
and commercial products.
(ii) The health or safety functions (if any) served by such
consumer and commercial products.
(iii) Those consumer and commercial products which emit
highly reactive volatile organic compounds into the ambient
air.
(iv) Those consumer and commercial products which are
subject to the most cost-effective controls.
(v) The availability of alternatives (if any) to such
consumer and commercial products which are of comparable
costs, considering health, safety, and environmental impacts.
(3) Regulations to require emission reductions
(A) In general
Upon submission of the final report under paragraph (2), the
Administrator shall list those categories of consumer or
commercial products that the Administrator determines, based on
the study, account for at least 80 percent of the VOC
emissions, on a reactivity-adjusted basis, from consumer or
commercial products in areas that violate the NAAQS for ozone.
Credit toward the 80 percent emissions calculation shall be
given for emission reductions from consumer or commercial
products made after November 15, 1990. At such time, the
Administrator shall divide the list into 4 groups establishing
priorities for regulation based on the criteria established in
paragraph (2). Every 2 years after promulgating such list, the
Administrator shall regulate one group of categories until all
4 groups are regulated. The regulations shall require best
available controls as defined in this section. Such regulations
may exempt health use products for which the Administrator
determines there is no suitable substitute. In order to carry
out this section, the Administrator may, by regulation, control
or prohibit any activity, including the manufacture or
introduction into commerce, offering for sale, or sale of any
consumer or commercial product which results in emission of
volatile organic compounds into the ambient air.
(B) Regulated entities
Regulations under this subsection may be imposed only with
respect to regulated entities.
(C) Use of CTGS
For any consumer or commercial product the Administrator may
issue control techniques guidelines under this chapter in lieu
of regulations required under subparagraph (A) if the
Administrator determines that such guidance will be
substantially as effective as regulations in reducing emissions
of volatile organic compounds which contribute to ozone levels
in areas which violate the national ambient air quality
standard for ozone.
(4) Systems of regulation
The regulations under this subsection may include any system or
systems of regulation as the Administrator may deem appropriate,
including requirements for registration and labeling, self-
monitoring and reporting, prohibitions, limitations, or economic
incentives (including marketable permits and auctions of
emissions rights) concerning the manufacture, processing,
distribution, use, consumption, or disposal of the product.
(5) Special fund
Any amounts collected by the Administrator under such
regulations shall be deposited in a special fund in the United
States Treasury for licensing and other services, which
thereafter shall be available until expended, subject to annual
appropriation Acts, solely to carry out the activities of the
Administrator for which such fees, charges, or collections are
established or made.
(6) Enforcement
Any regulation established under this subsection shall be
treated, for purposes of enforcement of this chapter, as a
standard under section 7411 of this title and any violation of
such regulation shall be treated as a violation of a requirement
of section 7411(e) of this title.
(7) State administration
Each State may develop and submit to the Administrator a
procedure under State law for implementing and enforcing
regulations promulgated under this subsection. If the
Administrator finds the State procedure is adequate, the
Administrator shall approve such procedure. Nothing in this
paragraph shall prohibit the Administrator from enforcing any
applicable regulations under this subsection.
(8) Size, etc.
No regulations regarding the size, shape, or labeling of a
product may be promulgated, unless the Administrator determines
such regulations to be useful in meeting any national ambient air
quality standard.
(9) State consultation
Any State which proposes regulations other than those adopted
under this subsection shall consult with the Administrator
regarding whether any other State or local subdivision has
promulgated or is promulgating regulations on any products
covered under this part. The Administrator shall establish a
clearinghouse of information, studies, and regulations proposed
and promulgated regarding products covered under this subsection
and disseminate such information collected as requested by State
or local subdivisions.
(f) Tank vessel standards
(1) Schedule for standards
(A) Within 2 years after November 15, 1990, the Administrator,
in consultation with the Secretary of the Department in which the
Coast Guard is operating, shall promulgate standards applicable
to the emission of VOCs and any other air pollutant from loading
and unloading of tank vessels (as that term is defined in section
2101 of title 46) which the Administrator finds causes, or
contributes to, air pollution that may be reasonably anticipated
to endanger public health or welfare. Such standards shall
require the application of reasonably available control
technology, considering costs, any nonair-quality benefits,
environmental impacts, energy requirements and safety factors
associated with alternative control techniques. To the extent
practicable such standards shall apply to loading and unloading
facilities and not to tank vessels.
(B) Any regulation prescribed under this subsection (and any
revision thereof) shall take effect after such period as the
Administrator finds (after consultation with the Secretary of the
department (!1) in which the Coast Guard is operating) necessary
to permit the development and application of the requisite
technology, giving appropriate consideration to the cost of
compliance within such period, except that the effective date
shall not be more than 2 years after promulgation of such
regulations.
(2) Regulations on equipment safety
Within 6 months after November 15, 1990, the Secretary of the
Department in which the Coast Guard is operating shall issue
regulations to ensure the safety of the equipment and operations
which are to control emissions from the loading and unloading of
tank vessels, under section 3703 of title 46 and section 1225 of
title 33. The standards promulgated by the Administrator under
paragraph (1) and the regulations issued by a State or political
subdivision regarding emissions from the loading and unloading of
tank vessels shall be consistent with the regulations regarding
safety of the Department in which the Coast Guard is operating.
(3) Agency authority
(A) The Administrator shall ensure compliance with the tank
vessel emission standards prescribed under paragraph (1)(A). The
Secretary of the Department in which the Coast Guard is operating
shall also ensure compliance with the tank vessel standards
prescribed under paragraph (1)(A).
(B) The Secretary of the Department in which the Coast Guard is
operating shall ensure compliance with the regulations issued
under paragraph (2).
(4) State or local standards
After the Administrator promulgates standards under this
section, no State or political subdivision thereof may adopt or
attempt to enforce any standard respecting emissions from tank
vessels subject to regulation under paragraph (1) unless such
standard is no less stringent than the standards promulgated
under paragraph (1).
(5) Enforcement
Any standard established under paragraph (1)(A) shall be
treated, for purposes of enforcement of this chapter, as a
standard under section 7411 of this title and any violation of
such standard shall be treated as a violation of a requirement of
section 7411(e) of this title.
(g) Ozone design value study
The Administrator shall conduct a study of whether the
methodology in use by the Environmental Protection Agency as of
November 15, 1990, for establishing a design value for ozone
provides a reasonable indicator of the ozone air quality of ozone
nonattainment areas. The Administrator shall obtain input from
States, local subdivisions thereof, and others. The study shall be
completed and a report submitted to Congress not later than 3 years
after November 15, 1990. The results of the study shall be subject
to peer and public review before submitting it to Congress.
(h) Vehicles entering ozone nonattainment areas
(1) Authority regarding ozone inspection and maintenance testing
(A) In general
No noncommercial motor vehicle registered in a foreign
country and operated by a United States citizen or by an alien
who is a permanent resident of the United States, or who holds
a visa for the purposes of employment or educational study in
the United States, may enter a covered ozone nonattainment area
from a foreign country bordering the United States and
contiguous to the nonattainment area more than twice in a
single calendar-month period, if State law has requirements for
the inspection and maintenance of such vehicles under the
applicable implementation plan in the nonattainment area.
(B) Applicability
Subparagraph (A) shall not apply if the operator presents
documentation at the United States border entry point
establishing that the vehicle has complied with such inspection
and maintenance requirements as are in effect and are
applicable to motor vehicles of the same type and model year.
(2) Sanctions for violations
The President may impose and collect from the operator of any
motor vehicle who violates, or attempts to violate, paragraph (1)
a civil penalty of not more than $200 for the second violation or
attempted violation and $400 for the third and each subsequent
violation or attempted violation.
(3) State election
The prohibition set forth in paragraph (1) shall not apply in
any State that elects to be exempt from the prohibition. Such an
election shall take effect upon the President's receipt of
written notice from the Governor of the State notifying the
President of such election.
(4) Alternative approach
The prohibition set forth in paragraph (1) shall not apply in a
State, and the President may implement an alternative approach,
if -
(A) the Governor of the State submits to the President a
written description of an alternative approach to facilitate
the compliance, by some or all foreign-registered motor
vehicles, with the motor vehicle inspection and maintenance
requirements that are -
(i) related to emissions of air pollutants;
(ii) in effect under the applicable implementation plan in
the covered ozone nonattainment area; and
(iii) applicable to motor vehicles of the same types and
model years as the foreign-registered motor vehicles; and
(B) the President approves the alternative approach as
facilitating compliance with the motor vehicle inspection and
maintenance requirements referred to in subparagraph (A).
(5) Definition of covered ozone nonattainment area
In this section, the term "covered ozone nonattainment area"
means a Serious Area, as classified under section 7511 of this
title as of October 27, 1998.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 183, as added Pub. L. 101-
549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2443; amended
Pub. L. 105-286, Sec. 2, Oct. 27, 1998, 112 Stat. 2773.)
-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (b)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
Subtitle C of the Act is classified generally to subchapter III
(Sec. 6921 et seq.) of chapter 82 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 6901 of this title and Tables.
-MISC1-
AMENDMENTS
1998 - Subsec. (h). Pub. L. 105-286 added subsec. (h).
EFFECTIVE DATE OF 1998 AMENDMENT; PUBLICATION OF PROHIBITION
Pub. L. 105-286, Sec. 3, Oct. 27, 1998, 112 Stat. 2774, provided
that:
"(a) In General. - The amendment made by section 2 [amending this
section] takes effect 180 days after the date of the enactment of
this Act [Oct. 27, 1998]. Nothing in that amendment shall require
action that is inconsistent with the obligations of the United
States under any international agreement.
"(b) Information. - As soon as practicable after the date of the
enactment of this Act, the appropriate agency of the United States
shall distribute information to publicize the prohibition set forth
in the amendment made by section 2."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-FOOTNOTE-
(!1) So in original. Probably should be capitalized.
-End-
-CITE-
42 USC Sec. 7511c 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
Sec. 7511c. Control of interstate ozone air pollution
-STATUTE-
(a) Ozone transport regions
A single transport region for ozone (within the meaning of
section 7506a(a) of this title), comprised of the States of
Connecticut, Delaware, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, and the Consolidated Metropolitan Statistical Area that
includes the District of Columbia, is hereby established by
operation of law. The provisions of section 7506a(a)(1) and (2) of
this title shall apply with respect to the transport region
established under this section and any other transport region
established for ozone, except to the extent inconsistent with the
provisions of this section. The Administrator shall convene the
commission required (under section 7506a(b) of this title) as a
result of the establishment of such region within 6 months of
November 15, 1990.
(b) Plan provisions for States in ozone transport regions
(1) In accordance with section 7410 of this title, not later than
2 years after November 15, 1990 (or 9 months after the subsequent
inclusion of a State in a transport region established for ozone),
each State included within a transport region established for ozone
shall submit a State implementation plan or revision thereof to the
Administrator which requires the following -
(A) that each area in such State that is in an ozone transport
region, and that is a metropolitan statistical area or part
thereof with a population of 100,000 or more comply with the
provisions of section 7511a(c)(2)(A) of this title (pertaining to
enhanced vehicle inspection and maintenance programs); and
(B) implementation of reasonably available control technology
with respect to all sources of volatile organic compounds in the
State covered by a control techniques guideline issued before or
after November 15, 1990.
(2) Within 3 years after November 15, 1990, the Administrator
shall complete a study identifying control measures capable of
achieving emission reductions comparable to those achievable
through vehicle refueling controls contained in section 7511a(b)(3)
of this title, and such measures or such vehicle refueling controls
shall be implemented in accordance with the provisions of this
section. Notwithstanding other deadlines in this section, the
applicable implementation plan shall be revised to reflect such
measures within 1 year of completion of the study. For purposes of
this section any stationary source that emits or has the potential
to emit at least 50 tons per year of volatile organic compounds
shall be considered a major stationary source and subject to the
requirements which would be applicable to major stationary sources
if the area were classified as a Moderate nonattainment area.
(c) Additional control measures
(1) Recommendations
Upon petition of any State within a transport region
established for ozone, and based on a majority vote of the
Governors on the Commission (!1) (or their designees), the
Commission (!1) may, after notice and opportunity for public
comment, develop recommendations for additional control measures
to be applied within all or a part of such transport region if
the commission determines such measures are necessary to bring
any area in such region into attainment by the dates provided by
this subpart. The commission shall transmit such recommendations
to the Administrator.
(2) Notice and review
Whenever the Administrator receives recommendations prepared by
a commission pursuant to paragraph (1) (the date of receipt of
which shall hereinafter in this section be referred to as the
"receipt date"), the Administrator shall -
(A) immediately publish in the Federal Register a notice
stating that the recommendations are available and provide an
opportunity for public hearing within 90 days beginning on the
receipt date; and
(B) commence a review of the recommendations to determine
whether the control measures in the recommendations are
necessary to bring any area in such region into attainment by
the dates provided by this subpart and are otherwise consistent
with this chapter.
(3) Consultation
In undertaking the review required under paragraph (2)(B), the
Administrator shall consult with members of the commission of the
affected States and shall take into account the data, views, and
comments received pursuant to paragraph (2)(A).
(4) Approval and disapproval
Within 9 months after the receipt date, the Administrator shall
(A) determine whether to approve, disapprove, or partially
disapprove and partially approve the recommendations; (B) notify
the commission in writing of such approval, disapproval, or
partial disapproval; and (C) publish such determination in the
Federal Register. If the Administrator disapproves or partially
disapproves the recommendations, the Administrator shall specify -
(i) why any disapproved additional control measures are not
necessary to bring any area in such region into attainment by
the dates provided by this subpart or are otherwise not
consistent with the (!2) chapter; and
(ii) recommendations concerning equal or more effective
actions that could be taken by the commission to conform the
disapproved portion of the recommendations to the requirements
of this section.
(5) Finding
Upon approval or partial approval of recommendations submitted
by a commission, the Administrator shall issue to each State
which is included in the transport region and to which a
requirement of the approved plan applies, a finding under section
7410(k)(5) of this title that the implementation plan for such
State is inadequate to meet the requirements of section
7410(a)(2)(D) of this title. Such finding shall require each such
State to revise its implementation plan to include the approved
additional control measures within one year after the finding is
issued.
(d) Best available air quality monitoring and modeling
For purposes of this section, not later than 6 months after
November 15, 1990, the Administrator shall promulgate criteria for
purposes of determining the contribution of sources in one area to
concentrations of ozone in another area which is a nonattainment
area for ozone. Such criteria shall require that the best available
air quality monitoring and modeling techniques be used for purposes
of making such determinations.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 184, as added Pub. L. 101-
549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2448.)
-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.
(!2) So in original. Probably should be "this".
-End-
-CITE-
42 USC Sec. 7511d 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
Sec. 7511d. Enforcement for Severe and Extreme ozone nonattainment
areas for failure to attain
-STATUTE-
(a) General rule
Each implementation plan revision required under section 7511a(d)
and (e) of this title (relating to the attainment plan for Severe
and Extreme ozone nonattainment areas) shall provide that, if the
area to which such plan revision applies has failed to attain the
national primary ambient air quality standard for ozone by the
applicable attainment date, each major stationary source of VOCs
located in the area shall, except as otherwise provided under
subsection (c) of this section, pay a fee to the State as a penalty
for such failure, computed in accordance with subsection (b) of
this section, for each calendar year beginning after the attainment
date, until the area is redesignated as an attainment area for
ozone. Each such plan revision should include procedures for
assessment and collection of such fees.
(b) Computation of fee
(1) Fee amount
The fee shall equal $5,000, adjusted in accordance with
paragraph (3), per ton of VOC emitted by the source during the
calendar year in excess of 80 percent of the baseline amount,
computed under paragraph (2).
(2) Baseline amount
For purposes of this section, the baseline amount shall be
computed, in accordance with such guidance as the Administrator
may provide, as the lower of the amount of actual VOC emissions
("actuals") or VOC emissions allowed under the permit applicable
to the source (or, if no such permit has been issued for the
attainment year, the amount of VOC emissions allowed under the
applicable implementation plan ("allowables")) during the
attainment year. Notwithstanding the preceding sentence, the
Administrator may issue guidance authorizing the baseline amount
to be determined in accordance with the lower of average actuals
or average allowables, determined over a period of more than one
calendar year. Such guidance may provide that such average
calculation for a specific source may be used if that source's
emissions are irregular, cyclical, or otherwise vary
significantly from year to year.
(3) Annual adjustment
The fee amount under paragraph (1) shall be adjusted annually,
beginning in the year beginning after 1990, in accordance with
section 7661a(b)(3)(B)(v) of this title (relating to inflation
adjustment).
(c) Exception
Notwithstanding any provision of this section, no source shall be
required to pay any fee under subsection (a) of this section with
respect to emissions during any year that is treated as an
Extension Year under section 7511(a)(5) of this title.
(d) Fee collection by Administrator
If the Administrator has found that the fee provisions of the
implementation plan do not meet the requirements of this section,
or if the Administrator makes a finding that the State is not
administering and enforcing the fee required under this section,
the Administrator shall, in addition to any other action authorized
under this subchapter, collect, in accordance with procedures
promulgated by the Administrator, the unpaid fees required under
subsection (a) of this section. If the Administrator makes such a
finding under section 7509(a)(4) of this title, the Administrator
may collect fees for periods before the determination, plus
interest computed in accordance with section 6621(a)(2) of title 26
(relating to computation of interest on underpayment of Federal
taxes), to the extent the Administrator finds such fees have not
been paid to the State. The provisions of clauses (ii) through
(iii) of section 7661a(b)(3)(C) of this title (relating to
penalties and use of the funds, respectively) shall apply with
respect to fees collected under this subsection.
(e) Exemptions for certain small areas
For areas with a total population under 200,000 which fail to
attain the standard by the applicable attainment date, no sanction
under this section or under any other provision of this chapter
shall apply if the area can demonstrate, consistent with guidance
issued by the Administrator, that attainment in the area is
prevented because of ozone or ozone precursors transported from
other areas. The prohibition applies only in cases in which the
area has met all requirements and implemented all measures
applicable to the area under this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 185, as added Pub. L. 101-
549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2450.)
-End-
-CITE-
42 USC Sec. 7511e 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
Sec. 7511e. Transitional areas
-STATUTE-
If an area designated as an ozone nonattainment area as of
November 15, 1990, has not violated the national primary ambient
air quality standard for ozone for the 36-month period commencing
on January 1, 1987, and ending on December 31, 1989, the
Administrator shall suspend the application of the requirements of
this subpart to such area until December 31, 1991. By June 30,
1992, the Administrator shall determine by order, based on the
area's design value as of the attainment date, whether the area
attained such standard by December 31, 1991. If the Administrator
determines that the area attained the standard, the Administrator
shall require, as part of the order, the State to submit a
maintenance plan for the area within 12 months of such
determination. If the Administrator determines that the area failed
to attain the standard, the Administrator shall, by June 30, 1992,
designate the area as nonattainment under section 7407(d)(4) of
this title.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 185A, as added Pub. L. 101-
549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2451.)
-End-
-CITE-
42 USC Sec. 7511f 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 2 - additional provisions for ozone nonattainment areas
-HEAD-
Sec. 7511f. NOx and VOC study
-STATUTE-
The Administrator, in conjunction with the National Academy of
Sciences, shall conduct a study on the role of ozone precursors in
tropospheric ozone formation and control. The study shall examine
the roles of NOx and VOC emission reductions, the extent to
which NOx reductions may contribute (or be counterproductive) to
achievement of attainment in different nonattainment areas, the
sensitivity of ozone to the control of NOx, the availability and
extent of controls for NOx, the role of biogenic VOC emissions,
and the basic information required for air quality models. The
study shall be completed and a proposed report made public for 30
days comment within 1 year of November 15, 1990, and a final report
shall be submitted to Congress within 15 months after November 15,
1990. The Administrator shall utilize all available information and
studies, as well as develop additional information, in conducting
the study required by this section.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 185B, as added Pub. L. 101-
549, title I, Sec. 103, Nov. 15, 1990, 104 Stat. 2452.)
-End-
-CITE-
42 USC subpart 3 - additional provisions for carbon
monoxide nonattainment areas 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 3 - additional provisions for carbon monoxide nonattainment
areas
-HEAD-
SUBPART 3 - ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT
AREAS
-End-
-CITE-
42 USC Sec. 7512 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 3 - additional provisions for carbon monoxide nonattainment
areas
-HEAD-
Sec. 7512. Classification and attainment dates
-STATUTE-
(a) Classification by operation of law and attainment dates for
nonattainment areas
(1) Each area designated nonattainment for carbon monoxide
pursuant to section 7407(d) of this title shall be classified at
the time of such designation under table 1, by operation of law, as
a Moderate Area or a Serious Area based on the design value for the
area. The design value shall be calculated according to the
interpretation methodology issued by the Administrator most
recently before November 15, 1990. For each area classified under
this subsection, the primary standard attainment date for carbon
monoxide shall be as expeditiously as practicable but not later
than the date provided in table 1:
TABLE 3 (!1)
--------------------------------------------------------------------
Area Design value Primary standard
classification attainment date
--------------------------------------------------------------------
Moderate 9.1-16.4 ppm December 31, 1995
Serious 16.5 and above December 31, 2000
--------------------------------------------------------------------
(2) At the time of publication of the notice required under
section 7407 of this title (designating carbon monoxide
nonattainment areas), the Administrator shall publish a notice
announcing the classification of each such carbon monoxide
nonattainment area. The provisions of section 7502(a)(1)(B) of this
title (relating to lack of notice-and-comment and judicial review)
shall apply with respect to such classification.
(3) If an area classified under paragraph (1), table 1, would
have been classified in another category if the design value in the
area were 5 percent greater or 5 percent less than the level on
which such classification was based, the Administrator may, in the
Administrator's discretion, within 90 days after November 15, 1990,
by the procedure required under paragraph (2), adjust the
classification of the area. In making such adjustment, the
Administrator may consider the number of exceedances of the
national primary ambient air quality standard for carbon monoxide
in the area, the level of pollution transport between the area and
the other affected areas, and the mix of sources and air pollutants
in the area. The Administrator may make the same adjustment for
purposes of paragraphs (2), (3), (6), and (7) of section 7512a(a)
of this title.
(4) Upon application by any State, the Administrator may extend
for 1 additional year (hereinafter in this subpart referred to as
the "Extension Year") the date specified in table 1 of subsection
(a) of this section if -
(A) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan, and
(B) no more than one exceedance of the national ambient air
quality standard level for carbon monoxide has occurred in the
area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
(b) New designations and reclassifications
(1) New designations to nonattainment
Any area that is designated attainment or unclassifiable for
carbon monoxide under section 7407(d)(4) of this title, and that
is subsequently redesignated to nonattainment for carbon monoxide
under section 7407(d)(3) of this title, shall, at the time of the
redesignation, be classified by operation of law in accordance
with table 1 under subsections (a)(1) and (a)(4) of this section.
Upon its classification, the area shall be subject to the same
requirements under section 7410 of this title, subpart 1 of this
part, and this subpart that would have applied had the area been
so classified at the time of the notice under subsection (a)(2)
of this section, except that any absolute, fixed date applicable
in connection with any such requirement is extended by operation
of law by a period equal to the length of time between November
15, 1990, and the date the area is classified.
(2) Reclassification of Moderate Areas upon failure to attain
(A) General rule
Within 6 months following the applicable attainment date for
a carbon monoxide nonattainment area, the Administrator shall
determine, based on the area's design value as of the
attainment date, whether the area has attained the standard by
that date. Any Moderate Area that the Administrator finds has
not attained the standard by that date shall be reclassified by
operation of law in accordance with table 1 of subsection
(a)(1) of this section as a Serious Area.
(B) Publication of notice
The Administrator shall publish a notice in the Federal
Register, no later than 6 months following the attainment date,
identifying each area that the Administrator has determined,
under subparagraph (A), as having failed to attain and
identifying the reclassification, if any, described under
subparagraph (A).
(c) References to terms
Any reference in this subpart to a "Moderate Area" or a "Serious
Area" shall be considered a reference to a Moderate Area or a
Serious Area, respectively, as classified under this section.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 186, as added Pub. L. 101-
549, title I, Sec. 104, Nov. 15, 1990, 104 Stat. 2452.)
-FOOTNOTE-
(!1) So in original. Probably should be "TABLE 1".
-End-
-CITE-
42 USC Sec. 7512a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 3 - additional provisions for carbon monoxide nonattainment
areas
-HEAD-
Sec. 7512a. Plan submissions and requirements
-STATUTE-
(a) Moderate Areas
Each State in which all or part of a Moderate Area is located
shall, with respect to the Moderate Area (or portion thereof, to
the extent specified in guidance of the Administrator issued before
November 15, 1990), submit to the Administrator the State
implementation plan revisions (including the plan items) described
under this subsection, within such periods as are prescribed under
this subsection, except to the extent the State has made such
submissions as of November 15, 1990:
(1) Inventory
No later than 2 years from November 15, 1990, the State shall
submit a comprehensive, accurate, current inventory of actual
emissions from all sources, as described in section 7502(c)(3) of
this title, in accordance with guidance provided by the
Administrator.
(2)(A) Vehicle miles traveled
No later than 2 years after November 15, 1990, for areas with a
design value above 12.7 ppm at the time of classification, the
plan revision shall contain a forecast of vehicle miles traveled
in the nonattainment area concerned for each year before the year
in which the plan projects the national ambient air quality
standard for carbon monoxide to be attained in the area. The
forecast shall be based on guidance which shall be published by
the Administrator, in consultation with the Secretary of
Transportation, within 6 months after November 15, 1990. The plan
revision shall provide for annual updates of the forecasts to be
submitted to the Administrator together with annual reports
regarding the extent to which such forecasts proved to be
accurate. Such annual reports shall contain estimates of actual
vehicle miles traveled in each year for which a forecast was
required.
(B) Special rule for Denver
Within 2 years after November 15, 1990, in the case of Denver,
the State shall submit a revision that includes the
transportation control measures as required in section
7511a(d)(1)(A) of this title except that such revision shall be
for the purpose of reducing CO emissions rather than volatile
organic compound emissions. If the State fails to include any
such measure, the implementation plan shall contain an
explanation of why such measure was not adopted and what
emissions reduction measure was adopted to provide a comparable
reduction in emissions, or reasons why such reduction is not
necessary to attain the national primary ambient air quality
standard for carbon monoxide.
(3) Contingency provisions
No later than 2 years after November 15, 1990, for areas with a
design value above 12.7 ppm at the time of classification, the
plan revision shall provide for the implementation of specific
measures to be undertaken if any estimate of vehicle miles
traveled in the area which is submitted in an annual report under
paragraph (2) exceeds the number predicted in the most recent
prior forecast or if the area fails to attain the national
primary ambient air quality standard for carbon monoxide by the
primary standard attainment date. Such measures shall be included
in the plan revision as contingency measures to take effect
without further action by the State or the Administrator if the
prior forecast has been exceeded by an updated forecast or if the
national standard is not attained by such deadline.
(4) Savings clause for vehicle inspection and maintenance
provisions of the State implementation plan
Immediately after November 15, 1990, for any Moderate Area (or,
within the Administrator's discretion, portion thereof), the plan
for which is of the type described in section 7511a(a)(2)(B) of
this title any provisions necessary to ensure that the applicable
implementation plan includes the vehicle inspection and
maintenance program described in section 7511a(a)(2)(B) of this
title.
(5) Periodic inventory
No later than September 30, 1995, and no later than the end of
each 3 year period thereafter, until the area is redesignated to
attainment, a revised inventory meeting the requirements of
subsection (a)(1) of this section.
(6) Enhanced vehicle inspection and maintenance
No later than 2 years after November 15, 1990, in the case of
Moderate Areas with a design value greater than 12.7 ppm at the
time of classification, a revision that includes provisions for
an enhanced vehicle inspection and maintenance program as
required in section 7511a(c)(3) of this title (concerning serious
ozone nonattainment areas), except that such program shall be for
the purpose of reducing carbon monoxide rather than hydrocarbon
emissions.
(7) Attainment demonstration and specific annual emission
reductions
In the case of Moderate Areas with a design value greater than
12.7 ppm at the time of classification, no later than 2 years
after November 15, 1990, a revision to provide, and a
demonstration that the plan as revised will provide, for
attainment of the carbon monoxide NAAQS by the applicable
attainment date and provisions for such specific annual emission
reductions as are necessary to attain the standard by that date.
The Administrator may, in the Administrator's discretion, require
States to submit a schedule for submitting any of the revisions or
other items required under this subsection. In the case of Moderate
Areas with a design value of 12.7 ppm or lower at the time of
classification, the requirements of this subsection shall apply in
lieu of any requirement that the State submit a demonstration that
the applicable implementation plan provides for attainment of the
carbon monoxide standard by the applicable attainment date.
(b) Serious Areas
(1) In general
Each State in which all or part of a Serious Area is located
shall, with respect to the Serious Area, make the submissions
(other than those required under subsection (a)(1)(B) (!1) of
this section) applicable under subsection (a) of this section to
Moderate Areas with a design value of 12.7 ppm or greater at the
time of classification, and shall also submit the revision and
other items described under this subsection.
(2) Vehicle miles traveled
Within 2 years after November 15, 1990, the State shall submit
a revision that includes the transportation control measures as
required in section 7511a(d)(1) of this title except that such
revision shall be for the purpose of reducing CO emissions rather
than volatile organic compound emissions. In the case of any such
area (other than an area in New York State) which is a covered
area (as defined in section 7586(a)(2)(B) of this title) for
purposes of the Clean Fuel Fleet program under part C of
subchapter II of this chapter, if the State fails to include any
such measure, the implementation plan shall contain an
explanation of why such measure was not adopted and what
emissions reduction measure was adopted to provide a comparable
reduction in emissions, or reasons why such reduction is not
necessary to attain the national primary ambient air quality
standard for carbon monoxide.
(3) Oxygenated gasoline
(A) Within 2 years after November 15, 1990, the State shall
submit a revision to require that gasoline sold, supplied,
offered for sale or supply, dispensed, transported or introduced
into commerce in the larger of -
(i) the Consolidated Metropolitan Statistical Area (as
defined by the United States Office of Management and Budget)
(CMSA) in which the area is located, or
(ii) if the area is not located in a CMSA, the Metropolitan
Statistical Area (as defined by the United States Office of
Management and Budget) in which the area is located,
be blended, during the portion of the year in which the area is
prone to high ambient concentrations of carbon monoxide (as
determined by the Administrator), with fuels containing such
level of oxygen as is necessary, in combination with other
measures, to provide for attainment of the carbon monoxide
national ambient air quality standard by the applicable
attainment date and maintenance of the national ambient air
quality standard thereafter in the area. The revision shall
provide that such requirement shall take effect no later than
October 1, 1993, and shall include a program for implementation
and enforcement of the requirement consistent with guidance to be
issued by the Administrator.
(B) Notwithstanding subparagraph (A), the revision described in
this paragraph shall not be required for an area if the State
demonstrates to the satisfaction of the Administrator that the
revision is not necessary to provide for attainment of the carbon
monoxide national ambient air quality standard by the applicable
attainment date and maintenance of the national ambient air
quality standard thereafter in the area.
(c) Areas with significant stationary source emissions of CO
(1) Serious Areas
In the case of Serious Areas in which stationary sources
contribute significantly to carbon monoxide levels (as determined
under rules issued by the Administrator), the State shall submit
a plan revision within 2 years after November 15, 1990, which
provides that the term "major stationary source" includes (in
addition to the sources described in section 7602 of this title)
any stationary source which emits, or has the potential to emit,
50 tons per year or more of carbon monoxide.
(2) Waivers for certain areas
The Administrator may, on a case-by-case basis, waive any
requirements that pertain to transportation controls, inspection
and maintenance, or oxygenated fuels where the Administrator
determines by rule that mobile sources of carbon monoxide do not
contribute significantly to carbon monoxide levels in the area.
(3) Guidelines
Within 6 months after November 15, 1990, the Administrator
shall issue guidelines for and rules determining whether
stationary sources contribute significantly to carbon monoxide
levels in an area.
(d) CO milestone
(1) Milestone demonstration
By March 31, 1996, each State in which all or part of a Serious
Area is located shall submit to the Administrator a demonstration
that the area has achieved a reduction in emissions of CO
equivalent to the total of the specific annual emission
reductions required by December 31, 1995. Such reductions shall
be referred to in this subsection as the milestone.
(2) Adequacy of demonstration
A demonstration under this paragraph shall be submitted in such
form and manner, and shall contain such information and analysis,
as the Administrator shall require. The Administrator shall
determine whether or not a State's demonstration is adequate
within 90 days after the Administrator's receipt of a
demonstration which contains the information and analysis
required by the Administrator.
(3) Failure to meet emission reduction milestone
If a State fails to submit a demonstration under paragraph (1)
within the required period, or if the Administrator notifies the
State that the State has not met the milestone, the State shall,
within 9 months after such a failure or notification, submit a
plan revision to implement an economic incentive and
transportation control program as described in section
7511a(g)(4) of this title. Such revision shall be sufficient to
achieve the specific annual reductions in carbon monoxide
emissions set forth in the plan by the attainment date.
(e) Multi-State CO nonattainment areas
(1) Coordination among States
Each State in which there is located a portion of a single
nonattainment area for carbon monoxide which covers more than one
State ("multi-State nonattainment area") shall take all
reasonable steps to coordinate, substantively and procedurally,
the revisions and implementation of State implementation plans
applicable to the nonattainment area concerned. The Administrator
may not approve any revision of a State implementation plan
submitted under this part for a State in which part of a multi-
State nonattainment area is located if the plan revision for
that State fails to comply with the requirements of this
subsection.
(2) Failure to demonstrate attainment
If any State in which there is located a portion of a multi-
State nonattainment area fails to provide a demonstration of
attainment of the national ambient air quality standard for
carbon monoxide in that portion within the period required under
this part the State may petition the Administrator to make a
finding that the State would have been able to make such
demonstration but for the failure of one or more other States in
which other portions of the area are located to commit to the
implementation of all measures required under this section
(relating to plan submissions for carbon monoxide nonattainment
areas). If the Administrator makes such finding, in the portion
of the nonattainment area within the State submitting such
petition, no sanction shall be imposed under section 7509 of this
title or under any other provision of this chapter, by reason of
the failure to make such demonstration.
(f) Reclassified areas
Each State containing a carbon monoxide nonattainment area
reclassified under section 7512(b)(2) of this title shall meet the
requirements of subsection (b) of this section, as may be
applicable to the area as reclassified, according to the schedules
prescribed in connection with such requirements, except that the
Administrator may adjust any applicable deadlines (other than the
attainment date) where such deadlines are shown to be infeasible.
(g) Failure of Serious Area to attain standard
If the Administrator determines under section 7512(b)(2) of this
title that the national primary ambient air quality standard for
carbon monoxide has not been attained in a Serious Area by the
applicable attainment date, the State shall submit a plan revision
for the area within 9 months after the date of such determination.
The plan revision shall provide that a program of incentives and
requirements as described in section 7511a(g)(4) of this title
shall be applicable in the area, and such program, in combination
with other elements of the revised plan, shall be adequate to
reduce the total tonnage of emissions of carbon monoxide in the
area by at least 5 percent per year in each year after approval of
the plan revision and before attainment of the national primary
ambient air quality standard for carbon monoxide.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 187, as added Pub. L. 101-
549, title I, Sec. 104, Nov. 15, 1990, 104 Stat. 2454.)
-MISC1-
MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS
For provisions prohibiting Administrator of Environmental
Protection Agency from requiring adoption or implementation by
State of test-only I/M240 enhanced vehicle inspection and
maintenance program as means of compliance with this section, with
further provisions relating to plan disapproval and emissions
reduction credits, see section 348 of Pub. L. 104-59, set out as a
note under section 7511a of this title.
-FOOTNOTE-
(!1) So in original. Subsec. (a)(1) of this section does not contain
a subpar. (B).
-End-
-CITE-
42 USC subpart 4 - additional provisions for particulate
matter nonattainment areas 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 4 - additional provisions for particulate matter
nonattainment areas
-HEAD-
SUBPART 4 - ADDITIONAL PROVISIONS FOR PARTICULATE MATTER
NONATTAINMENT AREAS
-End-
-CITE-
42 USC Sec. 7513 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 4 - additional provisions for particulate matter
nonattainment areas
-HEAD-
Sec. 7513. Classifications and attainment dates
-STATUTE-
(a) Initial classifications
Every area designated nonattainment for PM-10 pursuant to section
7407(d) of this title shall be classified at the time of such
designation, by operation of law, as a moderate PM-10 nonattainment
area (also referred to in this subpart as a "Moderate Area") at the
time of such designation. At the time of publication of the notice
under section 7407(d)(4) of this title (relating to area
designations) for each PM-10 nonattainment area, the Administrator
shall publish a notice announcing the classification of such area.
The provisions of section 7502(a)(1)(B) of this title (relating to
lack of notice-and-comment and judicial review) shall apply with
respect to such classification.
(b) Reclassification as Serious
(1) Reclassification before attainment date
The Administrator may reclassify as a Serious PM-10
nonattainment area (identified in this subpart also as a "Serious
Area") any area that the Administrator determines cannot
practicably attain the national ambient air quality standard for
PM-10 by the attainment date (as prescribed in subsection (c) of
this section) for Moderate Areas. The Administrator shall
reclassify appropriate areas as Serious by the following dates:
(A) For areas designated nonattainment for PM-10 under
section 7407(d)(4) of this title, the Administrator shall
propose to reclassify appropriate areas by June 30, 1991, and
take final action by December 31, 1991.
(B) For areas subsequently designated nonattainment, the
Administrator shall reclassify appropriate areas within 18
months after the required date for the State's submission of a
SIP for the Moderate Area.
(2) Reclassification upon failure to attain
Within 6 months following the applicable attainment date for a
PM-10 nonattainment area, the Administrator shall determine
whether the area attained the standard by that date. If the
Administrator finds that any Moderate Area is not in attainment
after the applicable attainment date -
(A) the area shall be reclassified by operation of law as a
Serious Area; and
(B) the Administrator shall publish a notice in the Federal
Register no later than 6 months following the attainment date,
identifying the area as having failed to attain and identifying
the reclassification described under subparagraph (A).
(c) Attainment dates
Except as provided under subsection (d) of this section, the
attainment dates for PM-10 nonattainment areas shall be as follows:
(1) Moderate Areas
For a Moderate Area, the attainment date shall be as
expeditiously as practicable but no later than the end of the
sixth calendar year after the area's designation as
nonattainment, except that, for areas designated nonattainment
for PM-10 under section 7407(d)(4) of this title, the attainment
date shall not extend beyond December 31, 1994.
(2) Serious Areas
For a Serious Area, the attainment date shall be as
expeditiously as practicable but no later than the end of the
tenth calendar year beginning after the area's designation as
nonattainment, except that, for areas designated nonattainment
for PM-10 under section 7407(d)(4) of this title, the date shall
not extend beyond December 31, 2001.
(d) Extension of attainment date for Moderate Areas
Upon application by any State, the Administrator may extend for 1
additional year (hereinafter referred to as the "Extension Year")
the date specified in paragraph (!1) (c)(1) if -
(1) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan; and
(2) no more than one exceedance of the 24-hour national ambient
air quality standard level for PM-10 has occurred in the area in
the year preceding the Extension Year, and the annual mean
concentration of PM-10 in the area for such year is less than or
equal to the standard level.
No more than 2 one-year extensions may be issued under the
subsection for a single nonattainment area.
(e) Extension of attainment date for Serious Areas
Upon application by any State, the Administrator may extend the
attainment date for a Serious Area beyond the date specified under
subsection (c) of this section, if attainment by the date
established under subsection (c) of this section would be
impracticable, the State has complied with all requirements and
commitments pertaining to that area in the implementation plan, and
the State demonstrates to the satisfaction of the Administrator
that the plan for that area includes the most stringent measures
that are included in the implementation plan of any State or are
achieved in practice in any State, and can feasibly be implemented
in the area. At the time of such application, the State must submit
a revision to the implementation plan that includes a demonstration
of attainment by the most expeditious alternative date practicable.
In determining whether to grant an extension, and the appropriate
length of time for any such extension, the Administrator may
consider the nature and extent of nonattainment, the types and
numbers of sources or other emitting activities in the area
(including the influence of uncontrollable natural sources and
transboundary emissions from foreign countries), the population
exposed to concentrations in excess of the standard, the presence
and concentration of potentially toxic substances in the mix of
particulate emissions in the area, and the technological and
economic feasibility of various control measures. The Administrator
may not approve an extension until the State submits an attainment
demonstration for the area. The Administrator may grant at most one
such extension for an area, of no more than 5 years.
(f) Waivers for certain areas
The Administrator may, on a case-by-case basis, waive any
requirement applicable to any Serious Area under this subpart where
the Administrator determines that anthropogenic sources of PM-10 do
not contribute significantly to the violation of the PM-10 standard
in the area. The Administrator may also waive a specific date for
attainment of the standard where the Administrator determines that
nonanthropogenic sources of PM-10 contribute significantly to the
violation of the PM-10 standard in the area.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 188, as added Pub. L. 101-
549, title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2458.)
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
-End-
-CITE-
42 USC Sec. 7513a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 4 - additional provisions for particulate matter
nonattainment areas
-HEAD-
Sec. 7513a. Plan provisions and schedules for plan submissions
-STATUTE-
(a) Moderate Areas
(1) Plan provisions
Each State in which all or part of a Moderate Area is located
shall submit, according to the applicable schedule under
paragraph (2), an implementation plan that includes each of the
following:
(A) For the purpose of meeting the requirements of section
7502(c)(5) of this title, a permit program providing that
permits meeting the requirements of section 7503 of this title
are required for the construction and operation of new and
modified major stationary sources of PM-10.
(B) Either (i) a demonstration (including air quality
modeling) that the plan will provide for attainment by the
applicable attainment date; or (ii) a demonstration that
attainment by such date is impracticable.
(C) Provisions to assure that reasonably available control
measures for the control of PM-10 shall be implemented no later
than December 10, 1993, or 4 years after designation in the
case of an area classified as moderate after November 15, 1990.
(2) Schedule for plan submissions
A State shall submit the plan required under subparagraph (1)
no later than the following:
(A) Within 1 year of November 15, 1990, for areas designated
nonattainment under section 7407(d)(4) of this title, except
that the provision required under subparagraph (1)(A) shall be
submitted no later than June 30, 1992.
(B) 18 months after the designation as nonattainment, for
those areas designated nonattainment after the designations
prescribed under section 7407(d)(4) of this title.
(b) Serious Areas
(1) Plan provisions
In addition to the provisions submitted to meet the
requirements of paragraph (!1) (a)(1) (relating to Moderate
Areas), each State in which all or part of a Serious Area is
located shall submit an implementation plan for such area that
includes each of the following:
(A) A demonstration (including air quality modeling) -
(i) that the plan provides for attainment of the PM-10
national ambient air quality standard by the applicable
attainment date, or
(ii) for any area for which the State is seeking, pursuant
to section 7513(e) of this title, an extension of the
attainment date beyond the date set forth in section 7513(c)
of this title, that attainment by that date would be
impracticable, and that the plan provides for attainment by
the most expeditious alternative date practicable.
(B) Provisions to assure that the best available control
measures for the control of PM-10 shall be implemented no later
than 4 years after the date the area is classified (or
reclassified) as a Serious Area.
(2) Schedule for plan submissions
A State shall submit the demonstration required for an area
under paragraph (1)(A) no later than 4 years after
reclassification of the area to Serious, except that for areas
reclassified under section 7513(b)(2) of this title, the State
shall submit the attainment demonstration within 18 months after
reclassification to Serious. A State shall submit the provisions
described under paragraph (1)(B) no later than 18 months after
reclassification of the area as a Serious Area.
(3) Major sources
For any Serious Area, the terms "major source" and "major
stationary source" include any stationary source or group of
stationary sources located within a contiguous area and under
common control that emits, or has the potential to emit, at least
70 tons per year of PM-10.
(c) Milestones
(1) Plan revisions demonstrating attainment submitted to the
Administrator for approval under this subpart shall contain
quantitative milestones which are to be achieved every 3 years
until the area is redesignated attainment and which demonstrate
reasonable further progress, as defined in section 7501(1) of this
title, toward attainment by the applicable date.
(2) Not later than 90 days after the date on which a milestone
applicable to the area occurs, each State in which all or part of
such area is located shall submit to the Administrator a
demonstration that all measures in the plan approved under this
section have been implemented and that the milestone has been met.
A demonstration under this subsection shall be submitted in such
form and manner, and shall contain such information and analysis,
as the Administrator shall require. The Administrator shall
determine whether or not a State's demonstration under this
subsection is adequate within 90 days after the Administrator's
receipt of a demonstration which contains the information and
analysis required by the Administrator.
(3) If a State fails to submit a demonstration under paragraph
(2) with respect to a milestone within the required period or if
the Administrator determines that the area has not met any
applicable milestone, the Administrator shall require the State,
within 9 months after such failure or determination to submit a
plan revision that assures that the State will achieve the next
milestone (or attain the national ambient air quality standard for
PM-10, if there is no next milestone) by the applicable date.
(d) Failure to attain
In the case of a Serious PM-10 nonattainment area in which the PM-
10 standard is not attained by the applicable attainment date, the
State in which such area is located shall, after notice and
opportunity for public comment, submit within 12 months after the
applicable attainment date, plan revisions which provide for
attainment of the PM-10 air quality standard and, from the date of
such submission until attainment, for an annual reduction in PM-10
or PM-10 precursor emissions within the area of not less than 5
percent of the amount of such emissions as reported in the most
recent inventory prepared for such area.
(e) PM-10 precursors
The control requirements applicable under plans in effect under
this part for major stationary sources of PM-10 shall also apply to
major stationary sources of PM-10 precursors, except where the
Administrator determines that such sources do not contribute
significantly to PM-10 levels which exceed the standard in the
area. The Administrator shall issue guidelines regarding the
application of the preceding sentence.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 189, as added Pub. L. 101-
549, title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2460.)
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
-End-
-CITE-
42 USC Sec. 7513b 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 4 - additional provisions for particulate matter
nonattainment areas
-HEAD-
Sec. 7513b. Issuance of RACM and BACM guidance
-STATUTE-
The Administrator shall issue, in the same manner and according
to the same procedure as guidance is issued under section 7408(c)
of this title, technical guidance on reasonably available control
measures and best available control measures for urban fugitive
dust, and emissions from residential wood combustion (including
curtailments and exemptions from such curtailments) and prescribed
silvicultural and agricultural burning, no later than 18 months
following November 15, 1990. The Administrator shall also examine
other categories of sources contributing to nonattainment of the PM-
10 standard, and determine whether additional guidance on
reasonably available control measures and best available control
measures is needed, and issue any such guidance no later than 3
years after November 15, 1990. In issuing guidelines and making
determinations under this section, the Administrator (in
consultation with the State) shall take into account emission
reductions achieved, or expected to be achieved, under subchapter
IV-A of this chapter and other provisions of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 190, as added Pub. L. 101-
549, title I, Sec. 105(a), Nov. 15, 1990, 104 Stat. 2462.)
-End-
-CITE-
42 USC subpart 5 - additional provisions for areas
designated nonattainment for sulfur oxides,
nitrogen dioxide, or lead 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 5 - additional provisions for areas designated nonattainment
for sulfur oxides, nitrogen dioxide, or lead
-HEAD-
SUBPART 5 - ADDITIONAL PROVISIONS FOR AREAS DESIGNATED
NONATTAINMENT FOR SULFUR OXIDES, NITROGEN DIOXIDE, OR LEAD
-End-
-CITE-
42 USC Sec. 7514 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 5 - additional provisions for areas designated nonattainment
for sulfur oxides, nitrogen dioxide, or lead
-HEAD-
Sec. 7514. Plan submission deadlines
-STATUTE-
(a) Submission
Any State containing an area designated or redesignated under
section 7407(d) of this title as nonattainment with respect to the
national primary ambient air quality standards for sulfur oxides,
nitrogen dioxide, or lead subsequent to November 15, 1990, shall
submit to the Administrator, within 18 months of the designation,
an applicable implementation plan meeting the requirements of this
part.
(b) States lacking fully approved State implementation plans
Any State containing an area designated nonattainment with
respect to national primary ambient air quality standards for
sulfur oxides or nitrogen dioxide under section 7407(d)(1)(C)(i) of
this title, but lacking a fully approved implementation plan
complying with the requirements of this chapter (including this
part) as in effect immediately before November 15, 1990, shall
submit to the Administrator, within 18 months of November 15, 1990,
an implementation plan meeting the requirements of subpart 1
(except as otherwise prescribed by section 7514a of this title).
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 191, as added Pub. L. 101-
549, title I, Sec. 106, Nov. 15, 1990, 104 Stat. 2463.)
-End-
-CITE-
42 USC Sec. 7514a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 5 - additional provisions for areas designated nonattainment
for sulfur oxides, nitrogen dioxide, or lead
-HEAD-
Sec. 7514a. Attainment dates
-STATUTE-
(a) Plans under section 7514(a)
Implementation plans required under section 7514(a) of this title
shall provide for attainment of the relevant primary standard as
expeditiously as practicable but no later than 5 years from the
date of the nonattainment designation.
(b) Plans under section 7514(b)
Implementation plans required under section 7514(b) of this title
shall provide for attainment of the relevant primary national
ambient air quality standard within 5 years after November 15,
1990.
(c) Inadequate plans
Implementation plans for nonattainment areas for sulfur oxides or
nitrogen dioxide with plans that were approved by the Administrator
before November 15, 1990, but, subsequent to such approval, were
found by the Administrator to be substantially inadequate, shall
provide for attainment of the relevant primary standard within 5
years from the date of such finding.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 192, as added Pub. L. 101-
549, title I, Sec. 106, Nov. 15, 1990, 104 Stat. 2463.)
-End-
-CITE-
42 USC subpart 6 - savings provisions 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 6 - savings provisions
-HEAD-
SUBPART 6 - SAVINGS PROVISIONS
-End-
-CITE-
42 USC Sec. 7515 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
Part D - Plan Requirements for Nonattainment Areas
subpart 6 - savings provisions
-HEAD-
Sec. 7515. General savings clause
-STATUTE-
Each regulation, standard, rule, notice, order and guidance
promulgated or issued by the Administrator under this chapter, as
in effect before November 15, 1990, shall remain in effect
according to its terms, except to the extent otherwise provided
under this chapter, inconsistent with any provision of this
chapter, or revised by the Administrator. No control requirement in
effect, or required to be adopted by an order, settlement
agreement, or plan in effect before November 15, 1990, in any area
which is a nonattainment area for any air pollutant may be modified
after November 15, 1990, in any manner unless the modification
insures equivalent or greater emission reductions of such air
pollutant.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 193, as added Pub. L. 101-
549, title I, Sec. 108(l), Nov. 15, 1990, 104 Stat. 2469.)
-End-
-CITE-
42 USC SUBCHAPTER II - EMISSION STANDARDS FOR MOVING
SOURCES 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
-HEAD-
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
-End-
-CITE-
42 USC Part A - Motor Vehicle Emission and Fuel Standards 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
PART A - MOTOR VEHICLE EMISSION AND FUEL STANDARDS
-End-
-CITE-
42 USC Sec. 7521 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7521. Emission standards for new motor vehicles or new motor
vehicle engines
-STATUTE-
(a) Authority of Administrator to prescribe by regulation
Except as otherwise provided in subsection (b) of this section -
(1) The Administrator shall by regulation prescribe (and from
time to time revise) in accordance with the provisions of this
section, standards applicable to the emission of any air pollutant
from any class or classes of new motor vehicles or new motor
vehicle engines, which in his judgment cause, or contribute to, air
pollution which may reasonably be anticipated to endanger public
health or welfare. Such standards shall be applicable to such
vehicles and engines for their useful life (as determined under
subsection (d) of this section, relating to useful life of vehicles
for purposes of certification), whether such vehicles and engines
are designed as complete systems or incorporate devices to prevent
or control such pollution.
(2) Any regulation prescribed under paragraph (1) of this
subsection (and any revision thereof) shall take effect after such
period as the Administrator finds necessary to permit the
development and application of the requisite technology, giving
appropriate consideration to the cost of compliance within such
period.
(3)(A) In general. - (i) Unless the standard is changed as
provided in subparagraph (B), regulations under paragraph (1) of
this subsection applicable to emissions of hydrocarbons, carbon
monoxide, oxides of nitrogen, and particulate matter from classes
or categories of heavy-duty vehicles or engines manufactured during
or after model year 1983 shall contain standards which reflect the
greatest degree of emission reduction achievable through the
application of technology which the Administrator determines will
be available for the model year to which such standards apply,
giving appropriate consideration to cost, energy, and safety
factors associated with the application of such technology.
(ii) In establishing classes or categories of vehicles or engines
for purposes of regulations under this paragraph, the Administrator
may base such classes or categories on gross vehicle weight,
horsepower, type of fuel used, or other appropriate factors.
(B) Revised standards for heavy duty trucks. - (i) On the basis
of information available to the Administrator concerning the
effects of air pollutants emitted from heavy-duty vehicles or
engines and from other sources of mobile source related pollutants
on the public health and welfare, and taking costs into account,
the Administrator may promulgate regulations under paragraph (1) of
this subsection revising any standard promulgated under, or before
the date of, the enactment of the Clean Air Act Amendments of 1990
(or previously revised under this subparagraph) and applicable to
classes or categories of heavy-duty vehicles or engines.
(ii) Effective for the model year 1998 and thereafter, the
regulations under paragraph (1) of this subsection applicable to
emissions of oxides of nitrogen (NOx) from gasoline and diesel-
fueled heavy duty trucks shall contain standards which provide
that such emissions may not exceed 4.0 grams per brake horsepower
hour (gbh).
(C) Lead time and stability. - Any standard promulgated or
revised under this paragraph and applicable to classes or
categories of heavy-duty vehicles or engines shall apply for a
period of no less than 3 model years beginning no earlier than the
model year commencing 4 years after such revised standard is
promulgated.
(D) Rebuilding practices. - The Administrator shall study the
practice of rebuilding heavy-duty engines and the impact rebuilding
has on engine emissions. On the basis of that study and other
information available to the Administrator, the Administrator may
prescribe requirements to control rebuilding practices, including
standards applicable to emissions from any rebuilt heavy-duty
engines (whether or not the engine is past its statutory useful
life), which in the Administrator's judgment cause, or contribute
to, air pollution which may reasonably be anticipated to endanger
public health or welfare taking costs into account. Any regulation
shall take effect after a period the Administrator finds necessary
to permit the development and application of the requisite control
measures, giving appropriate consideration to the cost of
compliance within the period and energy and safety factors.
(E) Motorcycles. - For purposes of this paragraph, motorcycles
and motorcycle engines shall be treated in the same manner as heavy-
duty vehicles and engines (except as otherwise permitted under
section 7525(f)(1) (!1) of this title) unless the Administrator
promulgates a rule reclassifying motorcycles as light-duty vehicles
within the meaning of this section or unless the Administrator
promulgates regulations under subsection (a) of this section
applying standards applicable to the emission of air pollutants
from motorcycles as a separate class or category. In any case in
which such standards are promulgated for such emissions from
motorcycles as a separate class or category, the Administrator, in
promulgating such standards, shall consider the need to achieve
equivalency of emission reductions between motorcycles and other
motor vehicles to the maximum extent practicable.
(4)(A) Effective with respect to vehicles and engines
manufactured after model year 1978, no emission control device,
system, or element of design shall be used in a new motor vehicle
or new motor vehicle engine for purposes of complying with
requirements prescribed under this subchapter if such device,
system, or element of design will cause or contribute to an
unreasonable risk to public health, welfare, or safety in its
operation or function.
(B) In determining whether an unreasonable risk exists under
subparagraph (A), the Administrator shall consider, among other
factors, (i) whether and to what extent the use of any device,
system, or element of design causes, increases, reduces, or
eliminates emissions of any unregulated pollutants; (ii) available
methods for reducing or eliminating any risk to public health,
welfare, or safety which may be associated with the use of such
device, system, or element of design, and (iii) the availability of
other devices, systems, or elements of design which may be used to
conform to requirements prescribed under this subchapter without
causing or contributing to such unreasonable risk. The
Administrator shall include in the consideration required by this
paragraph all relevant information developed pursuant to section
7548 of this title.
(5)(A) If the Administrator promulgates final regulations which
define the degree of control required and the test procedures by
which compliance could be determined for gasoline vapor recovery of
uncontrolled emissions from the fueling of motor vehicles, the
Administrator shall, after consultation with the Secretary of
Transportation with respect to motor vehicle safety, prescribe, by
regulation, fill pipe standards for new motor vehicles in order to
insure effective connection between such fill pipe and any vapor
recovery system which the Administrator determines may be required
to comply with such vapor recovery regulations. In promulgating
such standards the Administrator shall take into consideration
limits on fill pipe diameter, minimum design criteria for nozzle
retainer lips, limits on the location of the unleaded fuel
restrictors, a minimum access zone surrounding a fill pipe, a
minimum pipe or nozzle insertion angle, and such other factors as
he deems pertinent.
(B) Regulations prescribing standards under subparagraph (A)
shall not become effective until the introduction of the model year
for which it would be feasible to implement such standards, taking
into consideration the restraints of an adequate leadtime for
design and production.
(C) Nothing in subparagraph (A) shall (i) prevent the
Administrator from specifying different nozzle and fill neck sizes
for gasoline with additives and gasoline without additives or (ii)
permit the Administrator to require a specific location,
configuration, modeling, or styling of the motor vehicle body with
respect to the fuel tank fill neck or fill nozzle clearance
envelope.
(D) For the purpose of this paragraph, the term "fill pipe" shall
include the fuel tank fill pipe, fill neck, fill inlet, and
closure.
(6) Onboard vapor recovery. - Within 1 year after November 15,
1990, the Administrator shall, after consultation with the
Secretary of Transportation regarding the safety of vehicle-based
("onboard") systems for the control of vehicle refueling emissions,
promulgate standards under this section requiring that new light-
duty vehicles manufactured beginning in the fourth model year
after the model year in which the standards are promulgated and
thereafter shall be equipped with such systems. The standards
required under this paragraph shall apply to a percentage of each
manufacturer's fleet of new light-duty vehicles beginning with the
fourth model year after the model year in which the standards are
promulgated. The percentage shall be as specified in the following
table:
IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY REQUIREMENTS
--------------------------------------------------------------------
Model year commencing after Percentage*
standards promulgated
--------------------------------------------------------------------
Fourth 40
Fifth 80
After Fifth 100
*Percentages in the table refer to a percentage of the
manufacturer's sales volume.
--------------------------------------------------------------------
The standards shall require that such systems provide a minimum
evaporative emission capture efficiency of 95 percent. The
requirements of section 7511a(b)(3) of this title (relating to
stage II gasoline vapor recovery) for areas classified under
section 7511 of this title as moderate for ozone shall not apply
after promulgation of such standards and the Administrator may, by
rule, revise or waive the application of the requirements of such
section 7511a(b)(3) of this title for areas classified under
section 7511 of this title as Serious, Severe, or Extreme for
ozone, as appropriate, after such time as the Administrator
determines that onboard emissions control systems required under
this paragraph are in widespread use throughout the motor vehicle
fleet.
(b) Emissions of carbon monoxide, hydrocarbons, and oxides of
nitrogen; annual report to Congress; waiver of emission
standards; research objectives
(1)(A) The regulations under subsection (a) of this section
applicable to emissions of carbon monoxide and hydrocarbons from
light-duty vehicles and engines manufactured during model years
1977 through 1979 shall contain standards which provide that such
emissions from such vehicles and engines may not exceed 1.5 grams
per vehicle mile of hydrocarbons and 15.0 grams per vehicle mile of
carbon monoxide. The regulations under subsection (a) of this
section applicable to emissions of carbon monoxide from light-duty
vehicles and engines manufactured during the model year 1980 shall
contain standards which provide that such emissions may not exceed
7.0 grams per vehicle mile. The regulations under subsection (a) of
this section applicable to emissions of hydrocarbons from light-
duty vehicles and engines manufactured during or after model year
1980 shall contain standards which require a reduction of at least
90 percent from emissions of such pollutant allowable under the
standards under this section applicable to light-duty vehicles and
engines manufactured in model year 1970. Unless waived as provided
in paragraph (5),(!1) regulations under subsection (a) of this
section applicable to emissions of carbon monoxide from light-duty
vehicles and engines manufactured during or after the model year
1981 shall contain standards which require a reduction of at least
90 percent from emissions of such pollutant allowable under the
standards under this section applicable to light-duty vehicles and
engines manufactured in model year 1970.
(B) The regulations under subsection (a) of this section
applicable to emissions of oxides of nitrogen from light-duty
vehicles and engines manufactured during model years 1977 through
1980 shall contain standards which provide that such emissions from
such vehicles and engines may not exceed 2.0 grams per vehicle
mile. The regulations under subsection (a) of this section
applicable to emissions of oxides of nitrogen from light-duty
vehicles and engines manufactured during the model year 1981 and
thereafter shall contain standards which provide that such
emissions from such vehicles and engines may not exceed 1.0 gram
per vehicle mile. The Administrator shall prescribe standards in
lieu of those required by the preceding sentence, which provide
that emissions of oxides of nitrogen may not exceed 2.0 grams per
vehicle mile for any light-duty vehicle manufactured during model
years 1981 and 1982 by any manufacturer whose production, by
corporate identity, for calendar year 1976 was less than three
hundred thousand light-duty motor vehicles worldwide if the
Administrator determines that -
(i) the ability of such manufacturer to meet emission standards
in the 1975 and subsequent model years was, and is, primarily
dependent upon technology developed by other manufacturers and
purchased from such manufacturers; and
(ii) such manufacturer lacks the financial resources and
technological ability to develop such technology.
(C) The Administrator may promulgate regulations under subsection
(a)(1) of this section revising any standard prescribed or
previously revised under this subsection, as needed to protect
public health or welfare, taking costs, energy, and safety into
account. Any revised standard shall require a reduction of
emissions from the standard that was previously applicable. Any
such revision under this subchapter may provide for a phase-in of
the standard. It is the intent of Congress that the numerical
emission standards specified in subsections (a)(3)(B)(ii), (g),
(h), and (i) of this section shall not be modified by the
Administrator after November 15, 1990, for any model year before
the model year 2004.
(2) Emission standards under paragraph (1), and measurement
techniques on which such standards are based (if not promulgated
prior to November 15, 1990), shall be promulgated by regulation
within 180 days after November 15, 1990.
(3) For purposes of this part -
(A)(i) The term "model year" with reference to any specific
calendar year means the manufacturer's annual production period
(as determined by the Administrator) which includes January 1 of
such calendar year. If the manufacturer has no annual production
period, the term "model year" shall mean the calendar year.
(ii) For the purpose of assuring that vehicles and engines
manufactured before the beginning of a model year were not
manufactured for purposes of circumventing the effective date of
a standard required to be prescribed by subsection (b) of this
section, the Administrator may prescribe regulations defining
"model year" otherwise than as provided in clause (i).
(B) Repealed. Pub. L. 101-549, title II, Sec. 230(1), Nov. 15,
1990, 104 Stat. 2529.
(C) The term "heavy duty vehicle" means a truck, bus, or other
vehicle manufactured primarily for use on the public streets,
roads, and highways (not including any vehicle operated
exclusively on a rail or rails) which has a gross vehicle weight
(as determined under regulations promulgated by the
Administrator) in excess of six thousand pounds. Such term
includes any such vehicle which has special features enabling off-
street or off-highway operation and use.
(3) (!2) Upon the petition of any manufacturer, the
Administrator, after notice and opportunity for public hearing, may
waive the standard required under subparagraph (B) of paragraph (1)
to not exceed 1.5 grams of oxides of nitrogen per vehicle mile for
any class or category of light-duty vehicles or engines
manufactured by such manufacturer during any period of up to four
model years beginning after the model year 1980 if the manufacturer
demonstrates that such waiver is necessary to permit the use of an
innovative power train technology, or innovative emission control
device or system, in such class or category of vehicles or engines
and that such technology or system was not utilized by more than 1
percent of the light-duty vehicles sold in the United States in the
1975 model year. Such waiver may be granted only if the
Administrator determines -
(A) that such waiver would not endanger public health,
(B) that there is a substantial likelihood that the vehicles or
engines will be able to comply with the applicable standard under
this section at the expiration of the waiver, and
(C) that the technology or system has a potential for long-term
air quality benefit and has the potential to meet or exceed the
average fuel economy standard applicable under the Energy Policy
and Conservation Act [42 U.S.C. 6201 et seq.] upon the expiration
of the waiver.
No waiver under this subparagraph (!3) granted to any manufacturer
shall apply to more than 5 percent of such manufacturer's
production or more than fifty thousand vehicles or engines,
whichever is greater.
(c) Feasibility study and investigation by National Academy of
Sciences; reports to Administrator and Congress; availability of
information
(1) The Administrator shall undertake to enter into appropriate
arrangements with the National Academy of Sciences to conduct a
comprehensive study and investigation of the technological
feasibility of meeting the emissions standards required to be
prescribed by the Administrator by subsection (b) of this section.
(2) Of the funds authorized to be appropriated to the
Administrator by this chapter, such amounts as are required shall
be available to carry out the study and investigation authorized by
paragraph (1) of this subsection.
(3) In entering into any arrangement with the National Academy of
Sciences for conducting the study and investigation authorized by
paragraph (1) of this subsection, the Administrator shall request
the National Academy of Sciences to submit semiannual reports on
the progress of its study and investigation to the Administrator
and the Congress, beginning not later than July 1, 1971, and
continuing until such study and investigation is completed.
(4) The Administrator shall furnish to such Academy at its
request any information which the Academy deems necessary for the
purpose of conducting the investigation and study authorized by
paragraph (1) of this subsection. For the purpose of furnishing
such information, the Administrator may use any authority he has
under this chapter (A) to obtain information from any person, and
(B) to require such person to conduct such tests, keep such
records, and make such reports respecting research or other
activities conducted by such person as may be reasonably necessary
to carry out this subsection.
(d) Useful life of vehicles
The Administrator shall prescribe regulations under which the
useful life of vehicles and engines shall be determined for
purposes of subsection (a)(1) of this section and section 7541 of
this title. Such regulations shall provide that except where a
different useful life period is specified in this subchapter useful
life shall -
(1) in the case of light duty vehicles and light duty vehicle
engines and light-duty trucks up to 3,750 lbs. LVW and up to
6,000 lbs. GVWR, be a period of use of five years or fifty
thousand miles (or the equivalent), whichever first occurs,
except that in the case of any requirement of this section which
first becomes applicable after November 15, 1990, where the
useful life period is not otherwise specified for such vehicles
and engines, the period shall be 10 years or 100,000 miles (or
the equivalent), whichever first occurs, with testing for
purposes of in-use compliance under section 7541 of this title up
to (but not beyond) 7 years or 75,000 miles (or the equivalent),
whichever first occurs;
(2) in the case of any other motor vehicle or motor vehicle
engine (other than motorcycles or motorcycle engines), be a
period of use set forth in paragraph (1) unless the Administrator
determines that a period of use of greater duration or mileage is
appropriate; and
(3) in the case of any motorcycle or motorcycle engine, be a
period of use the Administrator shall determine.
(e) New power sources or propulsion systems
In the event of a new power source or propulsion system for new
motor vehicles or new motor vehicle engines is submitted for
certification pursuant to section 7525(a) of this title, the
Administrator may postpone certification until he has prescribed
standards for any air pollutants emitted by such vehicle or engine
which in his judgment cause, or contribute to, air pollution which
may reasonably be anticipated to endanger the public health or
welfare but for which standards have not been prescribed under
subsection (a) of this section.
(f) (!4) High altitude regulations
(1) The high altitude regulation in effect with respect to model
year 1977 motor vehicles shall not apply to the manufacture,
distribution, or sale of 1978 and later model year motor vehicles.
Any future regulation affecting the sale or distribution of motor
vehicles or engines manufactured before the model year 1984 in high
altitude areas of the country shall take effect no earlier than
model year 1981.
(2) Any such future regulation applicable to high altitude
vehicles or engines shall not require a percentage of reduction in
the emissions of such vehicles which is greater than the required
percentage of reduction in emissions from motor vehicles as set
forth in subsection (b) of this section. This percentage reduction
shall be determined by comparing any proposed high altitude
emission standards to high altitude emissions from vehicles
manufactured during model year 1970. In no event shall regulations
applicable to high altitude vehicles manufactured before the model
year 1984 establish a numerical standard which is more stringent
than that applicable to vehicles certified under non-high altitude
conditions.
(3) Section 7607(d) of this title shall apply to any high
altitude regulation referred to in paragraph (2) and before
promulgating any such regulation, the Administrator shall consider
and make a finding with respect to -
(A) the economic impact upon consumers, individual high
altitude dealers, and the automobile industry of any such
regulation, including the economic impact which was experienced
as a result of the regulation imposed during model year 1977 with
respect to high altitude certification requirements;
(B) the present and future availability of emission control
technology capable of meeting the applicable vehicle and engine
emission requirements without reducing model availability; and
(C) the likelihood that the adoption of such a high altitude
regulation will result in any significant improvement in air
quality in any area to which it shall apply.
(g) Light-duty trucks up to 6,000 lbs. GVWR and light-duty
vehicles; standards for model years after 1993
(1) NMHC, CO, and NOx
Effective with respect to the model year 1994 and thereafter,
the regulations under subsection (a) of this section applicable
to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide
(CO), and oxides of nitrogen (NOx) from light-duty trucks
(LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR) and
light-duty vehicles (LDVs) shall contain standards which provide
that emissions from a percentage of each manufacturer's sales
volume of such vehicles and trucks shall comply with the levels
specified in table G. The percentage shall be as specified in the
implementation schedule below:
TABLE G - EMISSION STANDARDS FOR NMHC, CO, AND NOx
FROM LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR
AND LIGHT-DUTY VEHICLES
--------------------------------------------------------------------
Vehicle type Column A Column B
(5 yrs/50,000 mi) (10 yrs/100,000 mi)
NMCH CO NOx NMCH CO NOx
--------------------------------------------------------------------
LDTs 0.25 3.4 0.4* 0.31 4.2 0.6*
(0-3,750
lbs. LVW)
and
light-duty
vehicles
LDTs 0.32 4.4 0.7** 0.40 5.5 0.97
(3,751-5,750
lbs. LVW)
Standards are expressed in grams per mile (gpm).
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 5
years or 50,000 miles (or the equivalent), whichever first occurs.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 10
years or 100,000 miles (or the equivalent), whichever first occurs.
*In the case of diesel-fueled LDTs (0-3,750 lvw) and light-duty
vehicles, before the model year 2004, in lieu of the 0.4 and 0.6
standards for NOx, the applicable standards for NOx shall be
1.0 gpm for a useful life of 5 years or 50,000 miles (or the
equivalent), whichever first occurs, and 1.25 gpm for a useful life
of 10 years or 100,000 miles (or the equivalent) whichever first
occurs.
**This standard does not apply to diesel-fueled LDTs (3,751-5,750
lbs. LVW).
--------------------------------------------------------------------
IMPLEMENTATION SCHEDULE FOR TABLE G STANDARDS
--------------------------------------------------------------------
Model year Percentage*
--------------------------------------------------------------------
1994 40
1995 80
after 1995 100
*Percentages in the table refer to a percentage of each
manufacturer's sales volume.
--------------------------------------------------------------------
(2) PM Standard
Effective with respect to model year 1994 and thereafter in the
case of light-duty vehicles, and effective with respect to the
model year 1995 and thereafter in the case of light-duty trucks
(LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR),
the regulations under subsection (a) of this section applicable
to emissions of particulate matter (PM) from such vehicles and
trucks shall contain standards which provide that such emissions
from a percentage of each manufacturer's sales volume of such
vehicles and trucks shall not exceed the levels specified in the
table below. The percentage shall be as specified in the
Implementation Schedule below.
PM STANDARD FOR LDTS OF UP TO 6,000 LBS. GVWR
--------------------------------------------------------------------
Useful life period Standard
--------------------------------------------------------------------
5/50,000 0.08 gpm
10/100,000 0.10 gpm
The applicable useful life, for purposes of certification under
section 7525 of this title and for purposes of in-use compliance
under section 7541 of this title, shall be 5 years or 50,000 miles
(or the equivalent), whichever first occurs, in the case of the
5/50,000 standard.
The applicable useful life, for purposes of certification under
section 7525 of this title and for purposes of in-use compliance
under section 7541 of this title, shall be 10 years or 100,000
miles (or the equivalent), whichever first occurs in the case of
the 10/100,000 standard.
--------------------------------------------------------------------
IMPLEMENTATION SCHEDULE FOR PM STANDARDS
--------------------------------------------------------------------
Model year Light-duty LDTs
vehicles
--------------------------------------------------------------------
1994 40%*
1995 80%* 40%*
1996 100%* 80%*
after 1996 100%* 100%*
*Percentages in the table refer to a percentage of each
manufacturer's sales volume.
--------------------------------------------------------------------
(h) Light-duty trucks of more than 6,000 lbs. GVWR; standards for
model years after 1995
Effective with respect to the model year 1996 and thereafter, the
regulations under subsection (a) of this section applicable to
emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO),
oxides of nitrogen (NOx), and particulate matter (PM) from light-
duty trucks (LDTs) of more than 6,000 lbs. gross vehicle weight
rating (GVWR) shall contain standards which provide that emissions
from a specified percentage of each manufacturer's sales volume of
such trucks shall comply with the levels specified in table H. The
specified percentage shall be 50 percent in model year 1996 and 100
percent thereafter.
TABLE H - EMISSION STANDARDS FOR NMHC AND CO FROM GASOLINE AND
DIESEL FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS. GVWR
--------------------------------------------------------------------
LDT Column A | Column B
Test (5 yrs/50,000 mi) | (11 yrs/120,000 mi)
weight NMCH CO NOx | NMCH CO NOx PM
--------------------------------------------------------------------
3,751- 0.32 4.4 0.7* 0.46 6.4 0.98 0.10
5,750
lbs. TW
Over 0.39 5.0 1.1* 0.56 7.3 1.53 0.12
5,750
lbs. TW
Standards are expressed in grams per mile (GPM).
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 5
years or 50,000 miles (or the equivalent) whichever first occurs.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be 11
years or 120,000 miles (or the equivalent), whichever first occurs.
*Not applicable to diesel-fueled LDTs.
--------------------------------------------------------------------
(i) Phase II study for certain light-duty vehicles and light-duty
trucks
(1) The Administrator, with the participation of the Office of
Technology Assessment, shall study whether or not further
reductions in emissions from light-duty vehicles and light-duty
trucks should be required pursuant to this subchapter. The study
shall consider whether to establish with respect to model years
commencing after January 1, 2003, the standards and useful life
period for gasoline and diesel-fueled light-duty vehicles and light-
duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or
less specified in the following table:
TABLE 3 - PENDING EMISSION STANDARDS FOR GASOLINE AND DIESEL FUELED
LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS 3,750 LBS. LVW OR LESS
--------------------------------------------------------------------
Pollutant Emission level*
--------------------------------------------------------------------
NMHC 0.125 GPM
NOx 0.2 GPM
CO 1.7 GPM
*Emission levels are expressed in grams per mile (GPM). For
vehicles and engines subject to this subsection for purposes of
subsection (d) of this section and any reference thereto, the
useful life of such vehicles and engines shall be a period of 10
years or 100,000 miles (or the equivalent), whichever first occurs.
--------------------------------------------------------------------
Such study shall also consider other standards and useful life
periods which are more stringent or less stringent than those set
forth in table 3 (but more stringent than those referred to in
subsections (g) and (h) of this section).
(2)(A) As part of the study under paragraph (1), the
Administrator shall examine the need for further reductions in
emissions in order to attain or maintain the national ambient air
quality standards, taking into consideration the waiver provisions
of section 7543(b) of this title. As part of such study, the
Administrator shall also examine -
(i) the availability of technology (including the costs
thereof), in the case of light-duty vehicles and light-duty
trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,
for meeting more stringent emission standards than those provided
in subsections (g) and (h) of this section for model years
commencing not earlier than after January 1, 2003, and not later
than model year 2006, including the lead time and safety and
energy impacts of meeting more stringent emission standards; and
(ii) the need for, and cost effectiveness of, obtaining further
reductions in emissions from such light-duty vehicles and light-
duty trucks, taking into consideration alternative means of
attaining or maintaining the national primary ambient air quality
standards pursuant to State implementation plans and other
requirements of this chapter, including their feasibility and
cost effectiveness.
(B) The Administrator shall submit a report to Congress no later
than June 1, 1997, containing the results of the study under this
subsection, including the results of the examination conducted
under subparagraph (A). Before submittal of such report the
Administrator shall provide a reasonable opportunity for public
comment and shall include a summary of such comments in the report
to Congress.
(3)(A) Based on the study under paragraph (1) the Administrator
shall determine, by rule, within 3 calendar years after the report
is submitted to Congress, but not later than December 31, 1999,
whether -
(i) there is a need for further reductions in emissions as
provided in paragraph (2)(A);
(ii) the technology for meeting more stringent emission
standards will be available, as provided in paragraph (2)(A)(i),
in the case of light-duty vehicles and light-duty trucks with a
loaded vehicle weight (LVW) of 3,750 lbs. or less, for model
years commencing not earlier than January 1, 2003, and not later
than model year 2006, considering the factors listed in paragraph
(2)(A)(i); and
(iii) obtaining further reductions in emissions from such
vehicles will be needed and cost effective, taking into
consideration alternatives as provided in paragraph (2)(A)(ii).
The rulemaking under this paragraph shall commence within 3 months
after submission of the report to Congress under paragraph (2)(B).
(B) If the Administrator determines under subparagraph (A) that -
(i) there is no need for further reductions in emissions as
provided in paragraph (2)(A);
(ii) the technology for meeting more stringent emission
standards will not be available as provided in paragraph
(2)(A)(i), in the case of light-duty vehicles and light-duty
trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,
for model years commencing not earlier than January 1, 2003, and
not later than model year 2006, considering the factors listed in
paragraph (2)(A)(i); or
(iii) obtaining further reductions in emissions from such
vehicles will not be needed or cost effective, taking into
consideration alternatives as provided in paragraph (2)(A)(ii),
the Administrator shall not promulgate more stringent standards
than those in effect pursuant to subsections (g) and (h) of this
section. Nothing in this paragraph shall prohibit the Administrator
from exercising the Administrator's authority under subsection (a)
of this section to promulgate more stringent standards for light-
duty vehicles and light-duty trucks with a loaded vehicle weight
(LVW) of 3,750 lbs. or less at any other time thereafter in
accordance with subsection (a) of this section.
(C) If the Administrator determines under subparagraph (A) that -
(i) there is a need for further reductions in emissions as
provided in paragraph (2)(A);
(ii) the technology for meeting more stringent emission
standards will be available, as provided in paragraph (2)(A)(i),
in the case of light-duty vehicles and light-duty trucks with a
loaded vehicle weight (LVW) of 3,750 lbs. or less, for model
years commencing not earlier than January 1, 2003, and not later
than model year 2006, considering the factors listed in paragraph
(2)(A)(i); and
(iii) obtaining further reductions in emissions from such
vehicles will be needed and cost effective, taking into
consideration alternatives as provided in paragraph (2)(A)(ii),
the Administrator shall either promulgate the standards (and useful
life periods) set forth in Table 3 in paragraph (1) or promulgate
alternative standards (and useful life periods) which are more
stringent than those referred to in subsections (g) and (h) of this
section. Any such standards (or useful life periods) promulgated by
the Administrator shall take effect with respect to any such
vehicles or engines no earlier than the model year 2003 but not
later than model year 2006, as determined by the Administrator in
the rule.
(D) Nothing in this paragraph shall be construed by the
Administrator or by a court as a presumption that any standards (or
useful life period) set forth in Table 3 shall be promulgated in
the rulemaking required under this paragraph. The action required
of the Administrator in accordance with this paragraph shall be
treated as a nondiscretionary duty for purposes of section
7604(a)(2) of this title (relating to citizen suits).
(E) Unless the Administrator determines not to promulgate more
stringent standards as provided in subparagraph (B) or to postpone
the effective date of standards referred to in Table 3 in paragraph
(1) or to establish alternative standards as provided in
subparagraph (C), effective with respect to model years commencing
after January 1, 2003, the regulations under subsection (a) of this
section applicable to emissions of nonmethane hydrocarbons (NMHC),
oxides of nitrogen (NOx), and carbon monoxide (CO) from motor
vehicles and motor vehicle engines in the classes specified in
Table 3 in paragraph (1) above shall contain standards which
provide that emissions may not exceed the pending emission levels
specified in Table 3 in paragraph (1).
(j) Cold CO standard
(1) Phase I
Not later than 12 months after November 15, 1990, the
Administrator shall promulgate regulations under subsection (a)
of this section applicable to emissions of carbon monoxide from
1994 and later model year light-duty vehicles and light-duty
trucks when operated at 20 degrees Fahrenheit. The regulations
shall contain standards which provide that emissions of carbon
monoxide from a manufacturer's vehicles when operated at 20
degrees Fahrenheit may not exceed, in the case of light-duty
vehicles, 10.0 grams per mile, and in the case of light-duty
trucks, a level comparable in stringency to the standard
applicable to light-duty vehicles. The standards shall take
effect after model year 1993 according to a phase-in schedule
which requires a percentage of each manufacturer's sales volume
of light-duty vehicles and light-duty trucks to comply with
applicable standards after model year 1993. The percentage shall
be as specified in the following table:
PHASE-IN SCHEDULE FOR COLD START STANDARDS
--------------------------------------------------------------------
Model Year Percentage
--------------------------------------------------------------------
1994 40
1995 80
1996 and after 100
--------------------------------------------------------------------
(2) Phase II
(A) Not later than June 1, 1997, the Administrator shall
complete a study assessing the need for further reductions in
emissions of carbon monoxide and the maximum reductions in such
emissions achievable from model year 2001 and later model year
light-duty vehicles and light-duty trucks when operated at 20
degrees Fahrenheit.
(B)(i) If as of June 1, 1997, 6 or more nonattainment areas
have a carbon monoxide design value of 9.5 ppm or greater, the
regulations under subsection (a)(1) of this section applicable to
emissions of carbon monoxide from model year 2002 and later model
year light-duty vehicles and light-duty trucks shall contain
standards which provide that emissions of carbon monoxide from
such vehicles and trucks when operated at 20 degrees Fahrenheit
may not exceed 3.4 grams per mile (gpm) in the case of light-duty
vehicles and 4.4 grams per mile (gpm) in the case of light-duty
trucks up to 6,000 GVWR and a level comparable in stringency in
the case of light-duty trucks 6,000 GVWR and above.
(ii) In determining for purposes of this subparagraph whether 6
or more nonattainment areas have a carbon monoxide design value
of 9.5 ppm or greater, the Administrator shall exclude the areas
of Steubenville, Ohio, and Oshkosh, Wisconsin.
(3) Useful-life for phase I and phase II standards
In the case of the standards referred to in paragraphs (1) and
(2), for purposes of certification under section 7525 of this
title and in-use compliance under section 7541 of this title, the
applicable useful life period shall be 5 years or 50,000 miles,
whichever first occurs, except that the Administrator may extend
such useful life period (for purposes of section 7525 of this
title, or section 7541 of this title, or both) if he determines
that it is feasible for vehicles and engines subject to such
standards to meet such standards for a longer useful life. If the
Administrator extends such useful life period, the Administrator
may make an appropriate adjustment of applicable standards for
such extended useful life. No such extended useful life shall
extend beyond the useful life period provided in regulations
under subsection (d) of this section.
(4) Heavy-duty vehicles and engines
The Administrator may also promulgate regulations under
subsection (a)(1) of this section applicable to emissions of
carbon monoxide from heavy-duty vehicles and engines when
operated at cold temperatures.
(k) Control of evaporative emissions
The Administrator shall promulgate (and from time to time revise)
regulations applicable to evaporative emissions of hydrocarbons
from all gasoline-fueled motor vehicles -
(1) during operation; and
(2) over 2 or more days of nonuse;
under ozone-prone summertime conditions (as determined by
regulations of the Administrator). The regulations shall take
effect as expeditiously as possible and shall require the greatest
degree of emission reduction achievable by means reasonably
expected to be available for production during any model year to
which the regulations apply, giving appropriate consideration to
fuel volatility, and to cost, energy, and safety factors associated
with the application of the appropriate technology. The
Administrator shall commence a rulemaking under this subsection
within 12 months after November 15, 1990. If final regulations are
not promulgated under this subsection within 18 months after
November 15, 1990, the Administrator shall submit a statement to
the Congress containing an explanation of the reasons for the delay
and a date certain for promulgation of such final regulations in
accordance with this chapter. Such date certain shall not be later
than 15 months after the expiration of such 18 month deadline.
(l) Mobile source-related air toxics
(1) Study
Not later than 18 months after November 15, 1990, the
Administrator shall complete a study of the need for, and
feasibility of, controlling emissions of toxic air pollutants
which are unregulated under this chapter and associated with
motor vehicles and motor vehicle fuels, and the need for, and
feasibility of, controlling such emissions and the means and
measures for such controls. The study shall focus on those
categories of emissions that pose the greatest risk to human
health or about which significant uncertainties remain, including
emissions of benzene, formaldehyde, and 1,3 butadiene. The
proposed report shall be available for public review and comment
and shall include a summary of all comments.
(2) Standards
Within 54 months after November 15, 1990, the Administrator
shall, based on the study under paragraph (1), promulgate (and
from time to time revise) regulations under subsection (a)(1) of
this section or section 7545(c)(1) of this title containing
reasonable requirements to control hazardous air pollutants from
motor vehicles and motor vehicle fuels. The regulations shall
contain standards for such fuels or vehicles, or both, which the
Administrator determines reflect the greatest degree of emission
reduction achievable through the application of technology which
will be available, taking into consideration the standards
established under subsection (a) of this section, the
availability and costs of the technology, and noise, energy, and
safety factors, and lead time. Such regulations shall not be
inconsistent with standards under subsection (a) of this section.
The regulations shall, at a minimum, apply to emissions of
benzene and formaldehyde.
(m) Emissions control diagnostics
(1) Regulations
Within 18 months after November 15, 1990, the Administrator
shall promulgate regulations under subsection (a) of this section
requiring manufacturers to install on all new light duty vehicles
and light duty trucks diagnostics systems capable of -
(A) accurately identifying for the vehicle's useful life as
established under this section, emission-related systems
deterioration or malfunction, including, at a minimum, the
catalytic converter and oxygen sensor, which could cause or
result in failure of the vehicles to comply with emission
standards established under this section,
(B) alerting the vehicle's owner or operator to the likely
need for emission-related components or systems maintenance or
repair,
(C) storing and retrieving fault codes specified by the
Administrator, and
(D) providing access to stored information in a manner
specified by the Administrator.
The Administrator may, in the Administrator's discretion,
promulgate regulations requiring manufacturers to install such
onboard diagnostic systems on heavy-duty vehicles and engines.
(2) Effective date
The regulations required under paragraph (1) of this subsection
shall take effect in model year 1994, except that the
Administrator may waive the application of such regulations for
model year 1994 or 1995 (or both) with respect to any class or
category of motor vehicles if the Administrator determines that
it would be infeasible to apply the regulations to that class or
category in such model year or years, consistent with
corresponding regulations or policies adopted by the California
Air Resources Board for such systems.
(3) State inspection
The Administrator shall by regulation require States that have
implementation plans containing motor vehicle inspection and
maintenance programs to amend their plans within 2 years after
promulgation of such regulations to provide for inspection of
onboard diagnostics systems (as prescribed by regulations under
paragraph (1) of this subsection) and for the maintenance or
repair of malfunctions or system deterioration identified by or
affecting such diagnostics systems. Such regulations shall not be
inconsistent with the provisions for warranties promulgated under
section 7541(a) and (b) of this title.
(4) Specific requirements
In promulgating regulations under this subsection, the
Administrator shall require -
(A) that any connectors through which the emission control
diagnostics system is accessed for inspection, diagnosis,
service, or repair shall be standard and uniform on all motor
vehicles and motor vehicle engines;
(B) that access to the emission control diagnostics system
through such connectors shall be unrestricted and shall not
require any access code or any device which is only available
from a vehicle manufacturer; and
(C) that the output of the data from the emission control
diagnostics system through such connectors shall be usable
without the need for any unique decoding information or device.
(5) Information availability
The Administrator, by regulation, shall require (subject to the
provisions of section 7542(c) of this title regarding the
protection of methods or processes entitled to protection as
trade secrets) manufacturers to provide promptly to any person
engaged in the repairing or servicing of motor vehicles or motor
vehicle engines, and the Administrator for use by any such
persons, with any and all information needed to make use of the
emission control diagnostics system prescribed under this
subsection and such other information including instructions for
making emission related diagnosis and repairs. No such
information may be withheld under section 7542(c) of this title
if that information is provided (directly or indirectly) by the
manufacturer to franchised dealers or other persons engaged in
the repair, diagnosing, or servicing of motor vehicles or motor
vehicle engines. Such information shall also be available to the
Administrator, subject to section 7542(c) of this title, in
carrying out the Administrator's responsibilities under this
section.
(f) (!5) Model years after 1990
For model years prior to model year 1994, the regulations under
subsection (a) of this section applicable to buses other than those
subject to standards under section 7554 of this title shall contain
a standard which provides that emissions of particulate matter (PM)
from such buses may not exceed the standards set forth in the
following table:
PM STANDARD FOR BUSES
--------------------------------------------------------------------
Model year Standard*
--------------------------------------------------------------------
1991 0.25
1992 0.25
1993 and thereafter 0.10
*Standards are expressed in grams per brake horsepower hour
(g/bhp/hr).
--------------------------------------------------------------------
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 202, as added Pub. L. 89-
272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 992; amended
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L. 91-
604, Sec. 6(a), Dec. 31, 1970, 84 Stat. 1690; Pub. L. 93-319, Sec.
5, June 22, 1974, 88 Stat. 258; Pub. L. 95-95, title II, Secs. 201,
202(b), 213(b), 214(a), 215-217, 224(a), (b), (g), title IV, Sec.
401(d), Aug. 7, 1977, 91 Stat. 751-753, 758-761, 765, 767, 769,
791; Pub. L. 95-190, Sec. 14(a)(60)-(65), (b)(5), Nov. 16, 1977, 91
Stat. 1403, 1405; Pub. L. 101-549, title II, Secs. 201-207, 227(b),
230(1)-(5), Nov. 15, 1990, 104 Stat. 2472-2481, 2507, 2529.)
-REFTEXT-
REFERENCES IN TEXT
The enactment of the Clean Air Act Amendments of 1990, referred
to in subsec. (a)(3)(B), probably means the enactment of Pub. L.
101-549, Nov. 15, 1990, 104 Stat. 2399, which was approved Nov. 15,
1990. For complete classification of this Act to the Code, see
Short Title note set out under section 7401 of this title and
Tables.
Section 7525(f)(1) of this title, referred to in subsec.
(a)(3)(E), was redesignated section 7525(f) of this title by Pub.
L. 101-549, title II, Sec. 230(8), Nov. 15, 1990, 104 Stat. 2529.
Paragraph (5) of subsec. (b), referred to in subsec. (b)(1)(A),
related to waivers for model years 1981 and 1982, and was repealed
by Pub. L. 101-549, title II, Sec. 230(3), Nov. 15, 1990, 104 Stat.
2529. See 1990 Amendment note below.
The Energy Policy and Conservation Act, referred to in subsec.
(b)(3)(C), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
amended, which is classified principally to chapter 77 (Sec. 6201
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 6201 of this
title and Tables.
-COD-
CODIFICATION
Section was formerly classified to section 1857f-1 of this title.
-MISC1-
AMENDMENTS
1990 - Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 201(1), added
subpar. (A) and struck out former subpar. (A) which related to
promulgation of regulations applicable to reduction of emissions
from heavy-duty vehicles or engines manufactured during and after
model year 1979 in the case of carbon monoxide, hydrocarbons, and
oxides of nitrogen, and from vehicles manufactured during and after
model year 1981 in the case of particulate matter.
Subsec. (a)(3)(B). Pub. L. 101-549, Sec. 201(1), added subpar.
(B) and struck out former subpar. (B) which read as follows:
"During the period of June 1 through December 31, 1978, in the case
of hydrocarbons and carbon monoxide, or during the period of June 1
through December 31, 1980, in the case of oxides of nitrogen, and
during each period of June 1 through December 31 of each third year
thereafter, the Administrator may, after notice and opportunity for
a public hearing promulgate regulations revising any standard
prescribed as provided in subparagraph (A)(ii) for any class or
category of heavy-duty vehicles or engines. Such standard shall
apply only for the period of three model years beginning four model
years after the model year in which such revised standard is
promulgated. In revising any standard under this subparagraph for
any such three model year period, the Administrator shall determine
the maximum degree of emission reduction which can be achieved by
means reasonably expected to be available for production of such
period and shall prescribe a revised emission standard in
accordance with such determination. Such revised standard shall
require a reduction of emissions from any standard which applies in
the previous model year."
Subsec. (a)(3)(C). Pub. L. 101-549, Sec. 201(1), added subpar.
(C) and struck out former subpar. (C) which read as follows:
"Action revising any standard for any period may be taken by the
Administrator under subparagraph (B) only if he finds -
"(i) that compliance with the emission standards otherwise
applicable for such model year cannot be achieved by technology,
processes, operating methods, or other alternatives reasonably
expected to be available for production for such model year
without increasing cost or decreasing fuel economy to an
excessive and unreasonable degree; and
"(ii) the National Academy of Sciences has not, pursuant to its
study and investigation under subsection (c) of this section,
issued a report substantially contrary to the findings of the
Administrator under clause (i)."
Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 201(1), added subpar.
(D) and struck out former subpar. (D) which read as follows: "A
report shall be made to the Congress with respect to any standard
revised under subparagraph (B) which shall contain -
"(i) a summary of the health effects found, or believed to be
associated with, the pollutant covered by such standard,
"(ii) an analysis of the cost-effectiveness of other strategies
for attaining and maintaining national ambient air quality
standards and carrying out regulations under part C of subchapter
I (relating to significant deterioration) in relation to the cost-
effectiveness for such purposes of standards which, but for such
revision, would apply.
"(iii) a summary of the research and development efforts and
progress being made by each manufacturer for purposes of meeting
the standards promulgated as provided in subparagraph (A)(ii) or,
if applicable, subparagraph (E), and
"(iv) specific findings as to the relative costs of compliance,
and relative fuel economy, which may be expected to result from
the application for any model year of such revised standard and
the application for such model year of the standard, which, but
for such revision, would apply."
Subsec. (a)(3)(E), (F). Pub. L. 101-549, Sec. 201, redesignated
subpar. (F) as (E), inserted heading, and struck out former subpar.
(E) which read as follows:
"(i) The Administrator shall conduct a continuing pollutant-
specific study concerning the effects of each air pollutant
emitted from heavy-duty vehicles or engines and from other sources
of mobile source related pollutants on the public health and
welfare. The results of such study shall be published in the
Federal Register and reported to the Congress not later than June
1, 1978, in the case of hydrocarbons and carbon monoxide, and June
1, 1980, in the case of oxides of nitrogen, and before June 1 of
each third year thereafter.
"(ii) On the basis of such study and such other information as is
available to him (including the studies under section 7548 of this
title), the Administrator may, after notice and opportunity for a
public hearing, promulgate regulations under paragraph (1) of this
subsection changing any standard prescribed in subparagraph (A)(ii)
(or revised under subparagraph (B) or previously changed under this
subparagraph). No such changed standard shall apply for any model
year before the model year four years after the model year during
which regulations containing such changed standard are
promulgated."
Subsec. (a)(4)(A), (B). Pub. L. 101-549, Sec. 227(b), substituted
"requirements prescribed under this subchapter" for "standards
prescribed under this subsection".
Subsec. (a)(6). Pub. L. 101-549, Sec. 202, amended par. (6)
generally. Prior to amendment, par. (6) read as follows: "The
Administrator shall determine the feasibility and desirability of
requiring new motor vehicles to utilize onboard hydrocarbon control
technology which would avoid the necessity of gasoline vapor
recovery of uncontrolled emissions emanating from the fueling of
motor vehicles. The Administrator shall compare the costs and
effectiveness of such technology to that of implementing and
maintaining vapor recovery systems (taking into consideration such
factors as fuel economy, economic costs of such technology,
administrative burdens, and equitable distribution of costs). If
the Administrator finds that it is feasible and desirable to employ
such technology, he shall, after consultation with the Secretary of
Transportation with respect to motor vehicle safety, prescribe, by
regulation, standards requiring the use of onboard hydrocarbon
technology which shall not become effective until the introduction
to the model year for which it would be feasible to implement such
standards, taking into consideration compliance costs and the
restraints of an adequate lead time for design and production."
Subsec. (b)(1)(C). Pub. L. 101-549, Sec. 203(c), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"Effective with respect to vehicles and engines manufactured after
model year 1978 (or in the case of heavy-duty vehicles or engines,
such later model year as the Administrator determines is the
earliest feasible model year), the test procedure promulgated under
paragraph (2) for measurement of evaporative emissions of
hydrocarbons shall require that such emissions be measured from the
vehicle or engine as a whole. Regulations to carry out this
subparagraph shall be promulgated not later than two hundred and
seventy days after August 7, 1977."
Subsec. (b)(2). Pub. L. 101-549, Sec. 203(d), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "Emission
standards under paragraph (1), and measurement techniques on which
such standards are based (if not promulgated prior to December 31,
1970), shall be prescribed by regulation within 180 days after such
date."
Subsec. (b)(3). Pub. L. 101-549, Sec. 230(4), redesignated par.
(6) relating to waiver of standards for oxides of nitrogen as par.
(3), struck out subpar. (A) designation before "Upon the petition",
redesignated former cls. (i) to (iii) as subpars. (A) to (C),
respectively, and struck out former subpar. (B) which authorized
the Administrator to waive the standard under subsec. (b)(1)(B) of
this section for emissions of oxides of nitrogen from light-duty
vehicles and engines beginning in model year 1981 after providing
notice and opportunity for a public hearing, and set forth
conditions under which a waiver could be granted.
Subsec. (b)(3)(B). Pub. L. 101-549, Sec. 230(1), in the par. (3)
defining terms for purposes of this part struck out subpar. (B)
which defined "light duty vehicles and engines".
Subsec. (b)(4). Pub. L. 101-549, Sec. 230(2), struck out par. (4)
which read as follows: "On July 1 of 1971, and of each year
thereafter, the Administrator shall report to the Congress with
respect to the development of systems necessary to implement the
emission standards established pursuant to this section. Such
reports shall include information regarding the continuing effects
of such air pollutants subject to standards under this section on
the public health and welfare, the extent and progress of efforts
being made to develop the necessary systems, the costs associated
with development and application of such systems, and following
such hearings as he may deem advisable, any recommendations for
additional congressional action necessary to achieve the purposes
of this chapter. In gathering information for the purposes of this
paragraph and in connection with any hearing, the provisions of
section 7607(a) of this title (relating to subpenas) shall apply."
Subsec. (b)(5). Pub. L. 101-549, Sec. 230(3), struck out par. (5)
which related to waivers for model years 1981 and 1982 of the
effective date of the emissions standard required under par. (1)(A)
for carbon monoxide applicable to light-duty vehicles and engines
manufactured in those model years.
Subsec. (b)(6). Pub. L. 101-549, Sec. 230(4), redesignated par.
(6) as (3).
Subsec. (b)(7). Pub. L. 101-549, Sec. 230(5), struck out par. (7)
which read as follows: "The Congress hereby declares and
establishes as a research objective, the development of propulsion
systems and emission control technology to achieve standards which
represent a reduction of at least 90 per centum from the average
emissions of oxides of nitrogen actually measured from light duty
motor vehicles manufactured in model year 1971 not subject to any
Federal or State emission standard for oxides of nitrogen. The
Administrator shall, by regulations promulgated within one hundred
and eighty days after August 7, 1977, require each manufacturer
whose sales represent at least 0.5 per centum of light duty motor
vehicle sales in the United States, to build and, on a regular
basis, demonstrate the operation of light duty motor vehicles that
meet this research objective, in addition to any other applicable
standards or requirements for other pollutants under this chapter.
Such demonstration vehicles shall be submitted to the Administrator
no later than model year 1979 and in each model year thereafter.
Such demonstration shall, in accordance with applicable
regulations, to the greatest extent possible, (A) be designed to
encourage the development of new powerplant and emission control
technologies that are fuel efficient, (B) assure that the
demonstration vehicles are or could reasonably be expected to be
within the productive capability of the manufacturers, and (C)
assure the utilization of optimum engine, fuel, and emission
control systems."
Subsec. (d). Pub. L. 101-549, Sec. 203(b)(1), substituted
"provide that except where a different useful life period is
specified in this subchapter" for "provide that".
Subsec. (d)(1). Pub. L. 101-549, Sec. 203(b)(2), (3), inserted
"and light-duty trucks up to 3,750 lbs. LVW and up to 6,000 lbs.
GVWR" after "engines" and substituted for semicolon at end ",
except that in the case of any requirement of this section which
first becomes applicable after November 15, 1990, where the useful
life period is not otherwise specified for such vehicles and
engines, the period shall be 10 years or 100,000 miles (or the
equivalent), whichever first occurs, with testing for purposes of
in-use compliance under section 7541 of this title up to (but not
beyond) 7 years or 75,000 miles (or the equivalent), whichever
first occurs;".
Subsec. (f). Pub. L. 101-549, Sec. 207(b), added (after subsec.
(m) at end) subsec. (f) relating to regulations applicable to buses
for model years after 1990.
Subsecs. (g) to (i). Pub. L. 101-549, Sec. 203(a), added subsecs.
(g) to (i).
Subsecs. (j) to (m). Pub. L. 101-549, Secs. 204-207(a), added
subsecs. (j) to (m).
1977 - Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(60),
restructured subsec. (a) by providing for designation of par. (1)
to precede "The Administrator" in place of "Except as".
Pub. L. 95-95, Sec. 401(d)(1), substituted "Except as otherwise
provided in subsection (b) of this section the Administrator" for
"The Administrator", "cause, or contribute to, air pollution which
may reasonably be anticipated to endanger public health or welfare"
for "causes or contributes to, or is likely to cause or contribute
to, air pollution which endangers the public health or welfare",
and "useful life (as determined under subsection (d) of this
section, relating to useful life of vehicles for purposes of
certification), whether such vehicles and engines are designed as
complete systems or incorporate devices" for "useful life (as
determined under subsection (d) of this section) whether such
vehicles and engines are designed as complete systems or
incorporated devices".
Subsec. (a)(2). Pub. L. 95-95, Sec. 214(a), substituted
"prescribed under paragraph (1) of this subsection" for "prescribed
under this subsection".
Subsec. (a)(3). Pub. L. 95-95, Sec. 224(a), added par. (3).
Subsec. (a)(3)(B). Pub. L. 95-190, Sec. 14(a)(61), (62),
substituted provisions setting forth applicable periods of from
June 1 through Dec. 31, 1978, June 1 through Dec. 31, 1980, and
during each period of June 1 through Dec. 31 of each third year
thereafter, for provisions setting forth applicable periods of from
June 1 through Dec. 31, 1979, and during each period of June 1
through Dec. 31 of each third year after 1979, and substituted
"from any" for "of from any".
Subsec. (a)(3)(E). Pub. L. 95-190, Sec. 14(a)(63), substituted
"1978, in the case of hydrocarbons and carbon monoxide, and June 1,
1980, in the case of oxides of nitrogen" for "1979,".
Subsec. (a)(4). Pub. L. 95-95, Sec. 214(a), added par. (4).
Subsec. (a)(5). Pub. L. 95-95, Sec. 215, added par. (5).
Subsec. (a)(6). Pub. L. 95-95, Sec. 216, added par. (6).
Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 201(a), substituted
provisions setting the standards for emissions from light-duty
vehicles and engines manufactured during the model years 1977
through 1980 for provisions which had set the standards for
emissions from light-duty vehicles and engines manufactured during
the model years 1975 and 1976, substituted "model year 1980" for
"model year 1977" in provisions requiring a reduction of at least
90 per centum from the emissions allowable under standards for
model year 1970, and inserted provisions that, unless waived as
provided in par. (5), the standards for vehicles and engines
manufactured during or after the model year 1981 represent a
reduction of at least 90 per centum from the emissions allowable
under standards for model year 1970.
Subsec. (b)(1)(B). Pub. L. 95-190, Sec. 14(a)(64), (65),
substituted "calendar year 1976" for "model year 1976" and in cl.
(i) substituted "other" for "United States".
Pub. L. 95-95, Sec. 201(b), substituted provisions setting the
standards for emissions from light-duty vehicles and engines
manufactured during the model years 1977 through 1980 for
provisions which had set the standards for emissions from light-
duty vehicles and engines manufactured during the model years 1975
through 1977, substituted provisions that the standards for model
years 1981 and after allow emissions of no more than 1.0 gram per
vehicle mile for provisions that the standards for model year 1978
and after require a reduction of at least 90 per centum from the
average of emissions actually measured from light-duty vehicles
manufactured during model year 1971 which were not subject to any
Federal or State emission standards for oxides of nitrogen, and
inserted provisions directing the Administrator to prescribe
separate standards for model years 1981 and 1982 for manufacturers
whose production, by corporate identity, for model year 1976 was
less than three hundred thousand light-duty motor vehicles
worldwide if the manufacturer's capability to meet emission
standards depends upon United States technology and if the
manufacturer cannot develop one.
Subsec. (b)(1)(C). Pub. L. 95-95, Sec. 217, added subpar. (C).
Subsec. (b)(3)(C). Pub. L. 95-95, Sec. 224(b), added subpar. (C).
Subsec. (b)(5). Pub. L. 95-95, Sec. 201(c), substituted
provisions setting up a procedure under which a manufacturer may
apply for a waiver for model years 1981 and 1982 of the effective
date of the emission standards for carbon monoxide required by par.
(1)(A) for provisions which had set up a procedure under which a
manufacturer, after Jan. 1, 1975, could apply for a one-year
suspension of the effective date of any emission standard required
by par. (1)(A) for model year 1977.
Subsec. (b)(6). Pub. L. 95-95, Sec. 201(c), added par. (6).
Subsec. (b)(7). Pub. L. 95-95, Sec. 202(b), added par. (7).
Subsec. (d)(2). Pub. L. 95-95, Sec. 224(g), as amended by Pub. L.
95-190, Sec. 14(b)(5), to correct typographical error in directory
language, inserted "(other than motorcycles or motorcycle engines)"
after "motor vehicle or motor vehicle engine".
Subsec. (d)(3). Pub. L. 95-95, Sec. 224(g), added par. (3).
Subsec. (e). Pub. L. 95-95, Sec. 401(d)(2), substituted "which in
his judgment cause, or contribute to, air pollution which may
reasonably be anticipated to endanger" for "which cause or
contribute to, or are likely to cause or contribute to, air
pollution which endangers".
Subsec. (f). Pub. L. 95-95, Sec. 213(b), added subsec. (f).
1974 - Subsec. (b)(1)(A). Pub. L. 93-319, Sec. 5(a), substituted
"model year 1977" for "model year 1975" in provisions requiring a
reduction of at least 90 per centum from the emissions allowable
under standards for model year 1970 and inserted provisions
covering regulations for model years 1975 and 1976.
Subsec. (b)(1)(B). Pub. L. 93-319, Sec. 5(b), substituted "model
year 1978" for "model year 1976" in provisions requiring a
reduction of at least 90 per centum from the average of emissions
actually measured from vehicles manufactured during model year 1971
and inserted provisions covering regulations for model years 1975,
1976, and 1977.
Subsec. (b)(5). Pub. L. 93-319, Sec. 5(c), (d), substituted in
subpar. (A), "At any time after January 1, 1975" for "At any time
after January 1, 1972", "with respect to such manufacturer for
light-duty vehicles and engines manufactured in model year 1977"
for "with respect to such manufacturer", "sixty days" for "60
days", "paragraph (1)(A) of this subsection" for "paragraph
(1)(A)", and "vehicles and engines manufactured during model year
1977" for "vehicles and engines manufactured during model year
1975", redesignated subpars. (C) to (E) as (B) to (D),
respectively, and struck out former subpar. (B) which had allowed
manufacturers, at any time after Jan. 1, 1973, to file with the
Administrator an application requesting a 1-year suspension of the
effective date of any emission standard required by subsec.
(b)(1)(B) with respect to such manufacturer.
1970 - Subsec. (a). Pub. L. 91-604 redesignated existing
provisions as par. (1), substituted Administrator for Secretary as
the issuing authority for standards, inserted references to the
useful life of engines, and substituted the emission of any air
pollutant for the emission of any kind of substance as the subject
to be regulated, and added par. (2).
Subsec. (b). Pub. L. 91-604 added subsec. (b). Former subsec. (b)
redesignated as par. (2) of subsec. (a).
Subsecs. (c) to (e). Pub. L. 91-604 added subsecs. (c) to (e).
1967 - Pub. L. 90-148 reenacted section without change.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
STUDY ON OXIDES OF NITROGEN FROM LIGHT-DUTY VEHICLES
Section 202(a) of Pub. L. 95-95 provided that the Administrator
of the Environmental Protection Agency conduct a study of the
public health implications of attaining an emission standard on
oxides of nitrogen from light-duty vehicles of 0.4 gram per vehicle
mile, the cost and technological capability of attaining such
standard, and the need for such a standard to protect public health
or welfare and that the Administrator submit a report of such study
to the Congress, together with recommendations not later than July
1, 1980.
STUDY OF CARBON MONOXIDE INTRUSION INTO SUSTAINED-USE VEHICLES
Section 226 of Pub. L. 95-95 provided that the Administrator, in
conjunction with the Secretary of Transportation, study the problem
of carbon monoxide intrusion into the passenger area of sustained-
use motor vehicles and that within one year the Administrator
report to the Congress respecting the results of such study.
CONTINUING COMPREHENSIVE STUDIES AND INVESTIGATIONS BY NATIONAL
ACADEMY OF SCIENCES
Section 403(f) of Pub. L. 95-95 provided that: "The Administrator
of the Environmental Protection Agency shall undertake to enter
into appropriate arrangements with the National Academy of Sciences
to conduct continuing comprehensive studies and investigations of
the effects on public health and welfare of emissions subject to
section 202(a) of the Clean Air Act [subsec. (a) of this section]
(including sulfur compounds) and the technological feasibility of
meeting emission standards required to be prescribed by the
Administrator by section 202(b) of such Act [subsec. (b) of this
section]. The Administrator shall report to the Congress within six
months of the date of enactment of this section [Aug. 7, 1977] and
each year thereafter regarding the status of the contractual
arrangements and conditions necessary to implement this paragraph."
[For termination, effective May 15, 2000, of provisions relating
to annual report to Congress in section 403(f) of Pub. L. 95-95,
set out above, see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance,
and the 2nd item on page 165 of House Document No. 103-7.]
STUDY ON EMISSION OF SULFUR-BEARING COMPOUNDS FROM MOTOR VEHICLES
AND MOTOR VEHICLE AND AIRCRAFT ENGINES
Section 403(g) of Pub. L. 95-95 provided that the Administrator
of the Environmental Protection Agency conduct a study and report
to the Congress by the date one year after Aug. 7, 1977, on the
emission of sulfur-bearing compounds from motor vehicles and motor
vehicle engines and aircraft engines.
-EXEC-
EX. ORD. NO. 13432. COOPERATION AMONG AGENCIES IN PROTECTING THE
ENVIRONMENT WITH RESPECT TO GREENHOUSE GAS EMISSIONS FROM MOTOR
VEHICLES, NONROAD VEHICLES, AND NONROAD ENGINES
Ex. Ord. No. 13432, May 14, 2007, 72 F.R. 27717, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered
as follows:
Section 1. Policy. It is the policy of the United States to
ensure the coordinated and effective exercise of the authorities of
the President and the heads of the Department of Transportation,
the Department of Energy, and the Environmental Protection Agency
to protect the environment with respect to greenhouse gas emissions
from motor vehicles, nonroad vehicles, and nonroad engines, in a
manner consistent with sound science, analysis of benefits and
costs, public safety, and economic growth.
Sec. 2. Definitions. As used in this order:
(a) "agencies" refers to the Department of Transportation, the
Department of Energy, and the Environmental Protection Agency, and
all units thereof, and "agency" refers to any of them;
(b) "alternative fuels" has the meaning specified for that term
in section 301(2) of the Energy Policy Act of 1992 (42 U.S.C.
13211(2));
(c) "authorities" include the Clean Air Act (42 U.S.C. 7401-
7671q), the Energy Policy Act of 1992 (Public Law 102-486), the
Energy Policy Act of 2005 (Public Law 109-58), the Energy Policy
and Conservation Act (Public Law 94-163), and any other current or
future laws or regulations that may authorize or require any of the
agencies to take regulatory action that directly or indirectly
affects emissions of greenhouse gases from motor vehicles;
(d) "greenhouse gases" has the meaning specified for that term in
Executive Order 13423 of January 24, 2007;
(e) "motor vehicle" has the meaning specified for that term in
section 216(2) of the Clean Air Act (42 U.S.C. 7550(2));
(f) "nonroad engine" has the meaning specified for that term in
section 216(10) of the Clean Air Act (42 U.S.C. 7550(10));
(g) "nonroad vehicle" has the meaning specified for that term in
section 216(11) of the Clean Air Act (42 U.S.C. 7550(11));
(h) "regulation" has the meaning specified for that term in
section 3(d) of Executive Order 12866 of September 30, 1993, as
amended (Executive Order 12866); and
(i) "regulatory action" has the meaning specified for that term
in section 3(e) of Executive Order 12866.
Sec. 3. Coordination Among the Agencies. In carrying out the
policy set forth in section 1 of this order, the head of an agency
undertaking a regulatory action that can reasonably be expected to
directly regulate emissions, or to substantially and predictably
affect emissions, of greenhouse gases from motor vehicles, nonroad
vehicles, nonroad engines, or the use of motor vehicle fuels,
including alternative fuels, shall:
(a) undertake such a regulatory action, to the maximum extent
permitted by law and determined by the head of the agency to be
practicable, jointly with the other agencies;
(b) in undertaking such a regulatory action, consider, in
accordance with applicable law, information and recommendations
provided by the other agencies;
(c) in undertaking such a regulatory action, exercise authority
vested by law in the head of such agency effectively, in a manner
consistent with the effective exercise by the heads of the other
agencies of the authority vested in them by law; and
(d) obtain, to the extent permitted by law, concurrence or other
views from the heads of the other agencies during the development
and preparation of the regulatory action and prior to any key
decision points during that development and preparation process,
and in no event later than 30 days prior to publication of such
action.
Sec. 4. Duties of the Heads of Agencies. (a) To implement this
order, the head of each agency shall:
(1) designate appropriate personnel within the agency to (i)
direct the agency's implementation of this order, (ii) ensure that
the agency keeps the other agencies and the Office of Management
and Budget informed of the agency regulatory actions to which
section 3 refers, and (iii) coordinate such actions with the
agencies;
(2) in coordination as appropriate with the Committee on Climate
Change Science and Technology, continue to conduct and share
research designed to advance technologies to further the policy set
forth in section 1 of this order;
(3) facilitate the sharing of personnel and the sharing of
information among the agencies to further the policy set forth in
section 1 of this order;
(4) coordinate with the other agencies to avoid duplication of
requests to the public for information from the public in the
course of undertaking such regulatory action, consistent with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.); and
(5) consult with the Secretary of Agriculture whenever a
regulatory action will have a significant effect on agriculture
related to the production or use of ethanol, biodiesel, or other
renewable fuels, including actions undertaken in whole or in part
based on authority or requirements in title XV of the Energy Policy
Act of 2005, or the amendments made by such title, or when
otherwise appropriate or required by law.
(b) To implement this order, the heads of the agencies acting
jointly may allocate as appropriate among the agencies
administrative responsibilities relating to regulatory actions to
which section 3 refers, such as publication of notices in the
Federal Register and receipt of comments in response to notices.
Sec. 5. Duties of the Director of the Office of Management and
Budget and the Chairman of the Council on Environmental Quality.
(a) The Director of the Office of Management and Budget, with such
assistance from the Chairman of the Council on Environmental
Quality as the Director may require, shall monitor the
implementation of this order by the heads of the agencies and shall
report thereon to the President from time to time, and not less
often than semiannually, with any recommendations of the Director
for strengthening the implementation of this order.
(b) To implement this order and further the policy set forth in
section 1, the Director of the Office of Management and Budget may
require the heads of the agencies to submit reports to, and
coordinate with, such Office on matters related to this order.
Sec. 6. General Provisions. (a) This order shall be implemented
in accordance with applicable law and subject to the availability
of appropriations.
(b) This order shall not be construed to impair or otherwise
affect the functions of the Director of the Office of Management
and Budget relating to budget, administrative, and legislative
proposals.
(c) This order is not intended to, and does not, create any
right, benefit or privilege, substantive or procedural, enforceable
at law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its officers
or employees, or any other person.
George W. Bush.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be "(4)".
(!3) So in original. Probably should be "paragraph".
(!4) Another subsec. (f) is set out after subsec. (m).
(!5) So in original. Probably should be "(n)".
-End-
-CITE-
42 USC Sec. 7522 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7522. Prohibited acts
-STATUTE-
(a) Enumerated prohibitions
The following acts and the causing thereof are prohibited -
(1) in the case of a manufacturer of new motor vehicles or new
motor vehicle engines for distribution in commerce, the sale, or
the offering for sale, or the introduction, or delivery for
introduction, into commerce, or (in the case of any person,
except as provided by regulation of the Administrator), the
importation into the United States, of any new motor vehicle or
new motor vehicle engine, manufactured after the effective date
of regulations under this part which are applicable to such
vehicle or engine unless such vehicle or engine is covered by a
certificate of conformity issued (and in effect) under
regulations prescribed under this part or part C in the case of
clean-fuel vehicles (except as provided in subsection (b) of this
section);
(2)(A) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide
information required under section 7542 of this title;
(B) for any person to fail or refuse to permit entry, testing
or inspection authorized under section 7525(c) of this title or
section 7542 of this title;
(C) for any person to fail or refuse to perform tests, or have
tests performed as required under section 7542 of this title;
(D) for any manufacturer to fail to make information available
as provided by regulation under section 7521(m)(5) of this title;
(3)(A) for any person to remove or render inoperative any
device or element of design installed on or in a motor vehicle or
motor vehicle engine in compliance with regulations under this
subchapter prior to its sale and delivery to the ultimate
purchaser, or for any person knowingly to remove or render
inoperative any such device or element of design after such sale
and delivery to the ultimate purchaser; or
(B) for any person to manufacture or sell, or offer to sell, or
install, any part or component intended for use with, or as part
of, any motor vehicle or motor vehicle engine, where a principal
effect of the part or component is to bypass, defeat, or render
inoperative any device or element of design installed on or in a
motor vehicle or motor vehicle engine in compliance with
regulations under this subchapter, and where the person knows or
should know that such part or component is being offered for sale
or installed for such use or put to such use; or
(4) for any manufacturer of a new motor vehicle or new motor
vehicle engine subject to standards prescribed under section 7521
of this title or part C of this subchapter -
(A) to sell or lease any such vehicle or engine unless such
manufacturer has complied with (i) the requirements of section
7541(a) and (b) of this title with respect to such vehicle or
engine, and unless a label or tag is affixed to such vehicle or
engine in accordance with section 7541(c)(3) of this title, or
(ii) the corresponding requirements of part C of this
subchapter in the case of clean fuel vehicles unless the
manufacturer has complied with the corresponding requirements
of part C of this subchapter (!1)
(B) to fail or refuse to comply with the requirements of
section 7541(c) or (e) of this title, or the corresponding
requirements of part C of this subchapter in the case of clean
fuel vehicles (!1)
(C) except as provided in subsection (c)(3) of section 7541
of this title and the corresponding requirements of part C of
this subchapter in the case of clean fuel vehicles, to provide
directly or indirectly in any communication to the ultimate
purchaser or any subsequent purchaser that the coverage of any
warranty under this chapter is conditioned upon use of any
part, component, or system manufactured by such manufacturer or
any person acting for such manufacturer or under his control,
or conditioned upon service performed by any such person, or
(D) to fail or refuse to comply with the terms and conditions
of the warranty under section 7541(a) or (b) of this title or
the corresponding requirements of part C of this subchapter in
the case of clean fuel vehicles with respect to any vehicle; or
(5) for any person to violate section 7553 of this title, 7554
of this title, or part C of this subchapter or any regulations
under section 7553 of this title, 7554 of this title, or part C
of this subchapter.
No action with respect to any element of design referred to in
paragraph (3) (including any adjustment or alteration of such
element) shall be treated as a prohibited act under such paragraph
(3) if such action is in accordance with section 7549 of this
title. Nothing in paragraph (3) shall be construed to require the
use of manufacturer parts in maintaining or repairing any motor
vehicle or motor vehicle engine. For the purposes of the preceding
sentence, the term "manufacturer parts" means, with respect to a
motor vehicle engine, parts produced or sold by the manufacturer of
the motor vehicle or motor vehicle engine. No action with respect
to any device or element of design referred to in paragraph (3)
shall be treated as a prohibited act under that paragraph if (i)
the action is for the purpose of repair or replacement of the
device or element, or is a necessary and temporary procedure to
repair or replace any other item and the device or element is
replaced upon completion of the procedure, and (ii) such action
thereafter results in the proper functioning of the device or
element referred to in paragraph (3). No action with respect to any
device or element of design referred to in paragraph (3) shall be
treated as a prohibited act under that paragraph if the action is
for the purpose of a conversion of a motor vehicle for use of a
clean alternative fuel (as defined in this subchapter) and if such
vehicle complies with the applicable standard under section 7521 of
this title when operating on such fuel, and if in the case of a
clean alternative fuel vehicle (as defined by rule by the
Administrator), the device or element is replaced upon completion
of the conversion procedure and such action results in proper
functioning of the device or element when the motor vehicle
operates on conventional fuel.
(b) Exemptions; refusal to admit vehicle or engine into United
States; vehicles or engines intended for export
(1) The Administrator may exempt any new motor vehicle or new
motor vehicle engine, from subsection (a) of this section, upon
such terms and conditions as he may find necessary for the purpose
of research, investigations, studies, demonstrations, or training,
or for reasons of national security.
(2) A new motor vehicle or new motor vehicle engine offered for
importation or imported by any person in violation of subsection
(a) of this section shall be refused admission into the United
States, but the Secretary of the Treasury and the Administrator
may, by joint regulation, provide for deferring final determination
as to admission and authorizing the delivery of such a motor
vehicle or engine offered for import to the owner or consignee
thereof upon such terms and conditions (including the furnishing of
a bond) as may appear to them appropriate to insure that any such
motor vehicle or engine will be brought into conformity with the
standards, requirements, and limitations applicable to it under
this part. The Secretary of the Treasury shall, if a motor vehicle
or engine is finally refused admission under this paragraph, cause
disposition thereof in accordance with the customs laws unless it
is exported, under regulations prescribed by such Secretary, within
ninety days of the date of notice of such refusal or such
additional time as may be permitted pursuant to such regulations,
except that disposition in accordance with the customs laws may not
be made in such manner as may result, directly or indirectly, in
the sale, to the ultimate consumer, of a new motor vehicle or new
motor vehicle engine that fails to comply with applicable standards
of the Administrator under this part.
(3) A new motor vehicle or new motor vehicle engine intended
solely for export, and so labeled or tagged on the outside of the
container and on the vehicle or engine itself, shall be subject to
the provisions of subsection (a) of this section, except that if
the country which is to receive such vehicle or engine has emission
standards which differ from the standards prescribed under section
7521 of this title, then such vehicle or engine shall comply with
the standards of such country which is to receive such vehicle or
engine.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 203, as added Pub. L. 89-
272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 993; amended
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L. 91-
604, Secs. 7(a), 11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat.
1693, 1705, 1713; Pub. L. 95-95, title II, Secs. 206, 211(a),
218(a), (d), 219(a), (b), Aug. 7, 1977, 91 Stat. 755, 757, 761,
762; Pub. L. 95-190, Sec. 14(a)(66)-(68), Nov. 16, 1977, 91 Stat.
1403; Pub. L. 101-549, title II, Secs. 228(a), (b), (e), 230(6),
Nov. 15, 1990, 104 Stat. 2507, 2511, 2529.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-2 of this title.
-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, Sec. 228(b)(2), inserted two
sentences at end which set forth conditions under which actions
with respect to devices or elements of design, referred to in par.
(3), would not be deemed prohibited acts.
Subsec. (a)(1). Pub. L. 101-549, Sec. 228(e)(1), inserted "or
part C of this subchapter in the case of clean-fuel vehicles"
before "(except".
Subsec. (a)(2). Pub. L. 101-549, Sec. 228(a), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "for any
person to fail or refuse to permit access to or copying of records
or to fail to make reports or provide information, required under
section 7542 of this title or for any person to fail or refuse to
permit entry, testing, or inspection authorized under section
7525(c) of this title;".
Subsec. (a)(3). Pub. L. 101-549, Sec. 228(b)(1), amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
"(A) for any person to remove or render inoperative any device or
element of design installed on or in a motor vehicle or motor
vehicle engine in compliance with regulations under this subchapter
prior to its sale and delivery to the ultimate purchaser, or for
any manufacturer or dealer knowingly to remove or render
inoperative any such device or element of design after such sale
and delivery to the ultimate purchaser; or
"(B) for any person engaged in the business of repairing,
servicing, selling, leasing, or trading motor vehicles or motor
vehicle engines, or who operates a fleet of motor vehicles,
knowingly to remove or render inoperative any device or element of
design installed on or in a motor vehicle or motor vehicle engine
in compliance with regulations under this subchapter following its
sale and delivery to the ultimate purchaser; or".
Subsec. (a)(4). Pub. L. 101-549, Sec. 228(e)(2), inserted "part C
of this subchapter" after "section 7521 of this title".
Subsec. (a)(4)(A). Pub. L. 101-549, Sec. 228(e)(3), inserted cl.
(i) designation and added cl. (ii).
Subsec. (a)(4)(B). Pub. L. 101-549, Sec. 228(e)(4), inserted at
end "or the corresponding requirements of part C of this subchapter
in the case of clean fuel vehicles".
Subsec. (a)(4)(C). Pub. L. 101-549, Sec. 228(e)(5), inserted "and
the corresponding requirements of part C of this subchapter in the
case of clean fuel vehicles" after "section 7541 of this title".
Subsec. (a)(4)(D). Pub. L. 101-549, Sec. 228(e)(6), inserted "or
the corresponding requirements of part C of this subchapter in the
case of clean fuel vehicles" before "with respect to any vehicle".
Subsec. (a)(5). Pub. L. 101-549, Sec. 228(e)(7), added par. (5).
Subsec. (c). Pub. L. 101-549, Sec. 230(6), struck out subsec. (c)
which related to exemptions to permit modifications of emission
control devices or systems.
1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(68), in closing
text inserted a period after "section 7549 of this title".
Pub. L. 95-95, Secs. 206, 211(a), 218(a), 219(a), (b), inserted
"or for any person to fail or refuse to permit entry, testing, or
inspection authorized under section 7525(c) of this title" in par.
(2), designated existing provisions of par. (3) as subpar. (A) and
added subpar. (B), added subpars. (C) and (D) in par. (4), and,
following par. (4), inserted provisions that no action with respect
to any element of design referred to in par. (3) (including
adjustment or alteration of such element) be treated as a
prohibited act under par. (3) if the action is in accordance with
section 7549 of this title and that nothing in par. (3) be
construed to require the use of manufacturer parts in maintaining
or repairing motor vehicles or motor vehicle engines.
Subsec. (a)(3)(B). Pub. L. 95-190, Sec. 14(a)(66), substituted
"purchaser;" for "purchaser,".
Subsec. (a)(4)(C). Pub. L. 95-190, Sec. 14(a)(67), inserted "or"
after "such person,".
Subsec. (b)(3). Pub. L. 95-95, Sec. 218(d), substituted "section
7521 of this title" for "subsection (a) of this section" and
"country which is to receive such vehicle or engine" for "country
of export".
1970 - Subsec. (a)(1). Pub. L. 91-604, Sec. 7(a)(1), struck out
reference to the manufacture of new motor vehicles or new motor
vehicle engines for sale, inserted provision for issuance by the
Administrator of regulations regarding exceptions in the case of
importation of new motor vehicles or new motor vehicle engines, and
substituted "importation" into the United States of such units for
"importation for sale or resale" into the United States of such
units.
Subsec. (a)(2). Pub. L. 91-604, Sec. 7(a)(2), substituted
"section 208" for "section 207", both of which, for purposes of
codification, are translated as "section 7542 of this title".
Subsec. (a)(3). Pub. L. 91-604, Secs. 7(a)(3), 11(a)(2)(A),
substituted "part" for "subchapter" and inserted provisions
prohibiting the knowing removal or inoperation by manufacturers or
dealers of devices or elements of design after sale and delivery to
the ultimate purchaser.
Subsec. (a)(4). Pub. L. 91-604, Sec. 7(a)(4), added par. (4).
Subsec. (b)(1). Pub. L. 91-604, Secs. 7(a)(5), 15(c)(2), struck
out reference to the exemption of a class of new motor vehicles or
new motor vehicle engines, struck out the protection of the public
health and welfare from the enumeration of purposes for which
exemptions may be made, and substituted "Administrator" for
"Secretary".
Subsec. (b)(2). Pub. L. 91-604, Secs. 7(a)(6), 11(a)(2)(A),
15(c)(2), substituted "Administrator" for "Secretary of Health,
Education, and Welfare", "importation or imported by any person"
for "importation by a manufacturer", and "part" for "subchapter".
Subsec. (b)(3). Pub. L. 91-604, Sec. 7(a)(7)(A), inserted
provision that, if the country of export has emission standards
which differ from the standards prescribed under subsec. (a), such
vehicle or engine must comply with the standards of such country of
export.
Subsec. (c). Pub. L. 91-604, Sec. 7(a)(7)(B), added subsec. (c).
1967 - Subsec. (a). Pub. L. 90-148 substituted "conformity with
regulations prescribed under this subchapter" for "conformity with
regulations prescribed under section 7521 of this title" in par.
(1).
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.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
-End-
-CITE-
42 USC Sec. 7523 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7523. Actions to restrain violations
-STATUTE-
(a) Jurisdiction
The district courts of the United States shall have jurisdiction
to restrain violations of section 7522(a) of this title.
(b) Actions brought by or in name of United States; subpenas
Actions to restrain such violations shall be brought by and in
the name of the United States. In any such action, subpenas for
witnesses who are required to attend a district court in any
district may run into any other district.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 204, as added Pub. L. 89-
272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; amended
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91-
604, Sec. 7(b), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95-95, title
II, Sec. 218(b), Aug. 7, 1977, 91 Stat. 761.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-3 of this title.
-MISC1-
AMENDMENTS
1977 - Subsec. (a). Pub. L. 95-95 struck out "paragraph (1), (2),
(3), or (4)" after "restrain violations of".
1970 - Subsec. (a). Pub. L. 91-604 inserted reference to par. (4)
of section 7522(a) of this title.
1967 - Pub. L. 90-148 reenacted section without change.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
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.
-End-
-CITE-
42 USC Sec. 7524 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7524. Civil penalties
-STATUTE-
(a) Violations
Any person who violates sections (!1) 7522(a)(1), 7522(a)(4), or
7522(a)(5) of this title or any manufacturer or dealer who violates
section 7522(a)(3)(A) of this title shall be subject to a civil
penalty of not more than $25,000. Any person other than a
manufacturer or dealer who violates section 7522(a)(3)(A) of this
title or any person who violates section 7522(a)(3)(B) of this
title shall be subject to a civil penalty of not more than $2,500.
Any such violation with respect to paragraph (1), (3)(A), or (4) of
section 7522(a) of this title shall constitute a separate offense
with respect to each motor vehicle or motor vehicle engine. Any
such violation with respect to section 7522(a)(3)(B) of this title
shall constitute a separate offense with respect to each part or
component. Any person who violates section 7522(a)(2) of this title
shall be subject to a civil penalty of not more than $25,000 per
day of violation.
(b) Civil actions
The Administrator may commence a civil action to assess and
recover any civil penalty under subsection (a) of this section,
section 7545(d) of this title, or section 7547(d) of this title.
Any action under this subsection may be brought in the district
court of the United States for the district in which the violation
is alleged to have occurred or in which the defendant resides or
has the Administrator's principal place of business, and the court
shall have jurisdiction to assess a civil penalty. In determining
the amount of any civil penalty to be assessed under this
subsection, the court shall take into account the gravity of the
violation, the economic benefit or savings (if any) resulting from
the violation, the size of the violator's business, the violator's
history of compliance with this subchapter, action taken to remedy
the violation, the effect of the penalty on the violator's ability
to continue in business, and such other matters as justice may
require. In any such action, subpoenas for witnesses who are
required to attend a district court in any district may run into
any other district.
(c) Administrative assessment of certain penalties
(1) Administrative penalty authority
In lieu of commencing a civil action under subsection (b) of
this section, the Administrator may assess any civil penalty
prescribed in subsection (a) of this section, section 7545(d) of
this title, or section 7547(d) of this title, except that the
maximum amount of penalty sought against each violator in a
penalty assessment proceeding shall not exceed $200,000, unless
the Administrator and the Attorney General jointly determine that
a matter involving a larger penalty amount is appropriate for
administrative penalty assessment. Any such determination by the
Administrator and the Attorney General shall not be subject to
judicial review. Assessment of a civil penalty under this
subsection shall be by an order made on the record after
opportunity for a hearing in accordance with sections 554 and 556
of title 5. The Administrator shall issue reasonable rules for
discovery and other procedures for hearings under this paragraph.
Before issuing such an order, the Administrator shall give
written notice to the person to be assessed an administrative
penalty of the Administrator's proposal to issue such order and
provide such person an opportunity to request such a hearing on
the order, within 30 days of the date the notice is received by
such person. The Administrator may compromise, or remit, with or
without conditions, any administrative penalty which may be
imposed under this section.
(2) Determining amount
In determining the amount of any civil penalty assessed under
this subsection, the Administrator shall take into account the
gravity of the violation, the economic benefit or savings (if
any) resulting from the violation, the size of the violator's
business, the violator's history of compliance with this
subchapter, action taken to remedy the violation, the effect of
the penalty on the violator's ability to continue in business,
and such other matters as justice may require.
(3) Effect of Administrator's action
(A) Action by the Administrator under this subsection shall not
affect or limit the Administrator's authority to enforce any
provision of this chapter; except that any violation,
(i) with respect to which the Administrator has commenced and
is diligently prosecuting an action under this subsection, or
(ii) for which the Administrator has issued a final order not
subject to further judicial review and the violator has paid a
penalty assessment under this subsection,
shall not be the subject of civil penalty action under subsection
(b) of this section.
(B) No action by the Administrator under this subsection shall
affect any person's obligation to comply with any section of this
chapter.
(4) Finality of order
An order issued under this subsection shall become final 30
days after its issuance unless a petition for judicial review is
filed under paragraph (5).
(5) Judicial review
Any person against whom a civil penalty is assessed in
accordance with this subsection may seek review of the assessment
in the United States District Court for the District of Columbia,
or for the district in which the violation is alleged to have
occurred, in which such person resides, or where such person's
principal place of business is located, within the 30-day period
beginning on the date a civil penalty order is issued. Such
person shall simultaneously send a copy of the filing by
certified mail to the Administrator and the Attorney General. The
Administrator shall file in the court a certified copy, or
certified index, as appropriate, of the record on which the order
was issued within 30 days. The court shall not set aside or
remand any order issued in accordance with the requirements of
this subsection unless there is not substantial evidence in the
record, taken as a whole, to support the finding of a violation
or unless the Administrator's assessment of the penalty
constitutes an abuse of discretion, and the court shall not
impose additional civil penalties unless the Administrator's
assessment of the penalty constitutes an abuse of discretion. In
any proceedings, the United States may seek to recover civil
penalties assessed under this section.
(6) Collection
If any person fails to pay an assessment of a civil penalty
imposed by the Administrator as provided in this subsection -
(A) after the order making the assessment has become final,
or
(B) after a court in an action brought under paragraph (5)
has entered a final judgment in favor of the Administrator,
the Administrator shall request the Attorney General to bring a
civil action in an appropriate district court to recover the
amount assessed (plus interest at rates established pursuant to
section 6621(a)(2) of title 26 from the date of the final order
or the date of the final judgment, as the case may be). In such
an action, the validity, amount, and appropriateness of the
penalty shall not be subject to review. Any person who fails to
pay on a timely basis the amount of an assessment of a civil
penalty as described in the first sentence of this paragraph
shall be required to pay, in addition to that amount and
interest, the United States' enforcement expenses, including
attorneys fees and costs for collection proceedings, and a
quarterly nonpayment penalty for each quarter during which such
failure to pay persists. The nonpayment penalty shall be in an
amount equal to 10 percent of the aggregate amount of that
person's penalties and nonpayment penalties which are unpaid as
of the beginning of such quarter.
-SOURCE-
(July 14, 1955, ch. 360, title I, Sec. 205, as added Pub. L. 89-
272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; amended
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91-
604, Sec. 7(c), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95-95, title
II, Sec. 219(c), Aug. 7, 1977, 91 Stat. 762; Pub. L. 101-549, title
II, Sec. 228(c), Nov. 15, 1990, 104 Stat. 2508.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-4 of this title.
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally. Prior to
amendment, section read as follows: "Any person who violates
paragraph (1), (2), or (4) of section 7522(a) of this title or any
manufacturer, dealer, or other person who violates paragraph (3)(A)
of section 7522(a) of this title shall be subject to a civil
penalty of not more than $10,000. Any person who violates paragraph
(3)(B) of such section 7522(a) shall be subject to a civil penalty
of not more than $2,500. Any such violation with respect to
paragraph (1), (3), or (4) of section 7522(a) of this title shall
constitute a separate offense with respect to each motor vehicle or
motor vehicle engine."
1977 - Pub. L. 95-95 substituted "Any person who violates
paragraph (1), (2), or (4) of section 7522(a) of this title, or any
manufacturer, dealer, or other person who violates paragraph (3)(A)
of section 7522(a) of this title" for "Any person who violates
paragraph (1), (2), (3), or (4) of section 7522(a) of this title"
in provisions covering the civil penalty of $10,000, and inserted
provisions for a civil penalty of not more than $2,500 for
violations of par. (3)(B) of section 7522(a) of this title.
1970 - Pub. L. 91-604 increased the upper limit of the allowable
fine from "$1,000" to "$10,000".
1967 - Pub. L. 90-148 reenacted section without change.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
42 USC Sec. 7525 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7525. Motor vehicle and motor vehicle engine compliance
testing and certification
-STATUTE-
(a) Testing and issuance of certificate of conformity
(1) The Administrator shall test, or require to be tested in such
manner as he deems appropriate, any new motor vehicle or new motor
vehicle engine submitted by a manufacturer to determine whether
such vehicle or engine conforms with the regulations prescribed
under section 7521 of this title. If such vehicle or engine
conforms to such regulations, the Administrator shall issue a
certificate of conformity upon such terms, and for such period (not
in excess of one year), as he may prescribe. In the case of any
original equipment manufacturer (as defined by the Administrator in
regulations promulgated before November 15, 1990) of vehicles or
vehicle engines whose projected sales in the United States for any
model year (as determined by the Administrator) will not exceed
300, the Administrator shall not require, for purposes of
determining compliance with regulations under section 7521 of this
title for the useful life of the vehicle or engine, operation of
any vehicle or engine manufactured during such model year for more
than 5,000 miles or 160 hours, respectively, unless the
Administrator, by regulation, prescribes otherwise. The
Administrator shall apply any adjustment factors that the
Administrator deems appropriate to assure that each vehicle or
engine will comply during its useful life (as determined under
section 7521(d) of this title) with the regulations prescribed
under section 7521 of this title.
(2) The Administrator shall test any emission control system
incorporated in a motor vehicle or motor vehicle engine submitted
to him by any person, in order to determine whether such system
enables such vehicle or engine to conform to the standards required
to be prescribed under section 7521(b) of this title. If the
Administrator finds on the basis of such tests that such vehicle or
engine conforms to such standards, the Administrator shall issue a
verification of compliance with emission standards for such system
when incorporated in vehicles of a class of which the tested
vehicle is representative. He shall inform manufacturers and the
National Academy of Sciences, and make available to the public, the
results of such tests. Tests under this paragraph shall be
conducted under such terms and conditions (including requirements
for preliminary testing by qualified independent laboratories) as
the Administrator may prescribe by regulations.
(3)(A) A certificate of conformity may be issued under this
section only if the Administrator determines that the manufacturer
(or in the case of a vehicle or engine for import, any person) has
established to the satisfaction of the Administrator that any
emission control device, system, or element of design installed on,
or incorporated in, such vehicle or engine conforms to applicable
requirements of section 7521(a)(4) of this title.
(B) The Administrator may conduct such tests and may require the
manufacturer (or any such person) to conduct such tests and provide
such information as is necessary to carry out subparagraph (A) of
this paragraph. Such requirements shall include a requirement for
prompt reporting of the emission of any unregulated pollutant from
a system, device, or element of design if such pollutant was not
emitted, or was emitted in significantly lesser amounts, from the
vehicle or engine without use of the system, device, or element of
design.
(4)(A) Not later than 12 months after November 15, 1990, the
Administrator shall revise the regulations promulgated under this
subsection to add test procedures capable of determining whether
model year 1994 and later model year light-duty vehicles and light-
duty trucks, when properly maintained and used, will pass the
inspection methods and procedures established under section 7541(b)
of this title for that model year, under conditions reasonably
likely to be encountered in the conduct of inspection and
maintenance programs, but which those programs cannot reasonably
influence or control. The conditions shall include fuel
characteristics, ambient temperature, and short (30 minutes or
less) waiting periods before tests are conducted. The Administrator
shall not grant a certificate of conformity under this subsection
for any 1994 or later model year vehicle or engine that the
Administrator concludes cannot pass the test procedures established
under this paragraph.
(B) From time to time, the Administrator may revise the
regulations promulgated under subparagraph (A), as the
Administrator deems appropriate.
(b) Testing procedures; hearing; judicial review; additional
evidence
(1) In order to determine whether new motor vehicles or new motor
vehicle engines being manufactured by a manufacturer do in fact
conform with the regulations with respect to which the certificate
of conformity was issued, the Administrator is authorized to test
such vehicles or engines. Such tests may be conducted by the
Administrator directly or, in accordance with conditions specified
by the Administrator, by the manufacturer.
(2)(A)(i) If, based on tests conducted under paragraph (1) on a
sample of new vehicles or engines covered by a certificate of
conformity, the Administrator determines that all or part of the
vehicles or engines so covered do not conform with the regulations
with respect to which the certificate of conformity was issued and
with the requirements of section 7521(a)(4) of this title, he may
suspend or revoke such certificate in whole or in part, and shall
so notify the manufacturer. Such suspension or revocation shall
apply in the case of any new motor vehicles or new motor vehicle
engines manufactured after the date of such notification (or
manufactured before such date if still in the hands of the
manufacturer), and shall apply until such time as the Administrator
finds that vehicles and engines manufactured by the manufacturer do
conform to such regulations and requirements. If, during any period
of suspension or revocation, the Administrator finds that a vehicle
or engine actually conforms to such regulations and requirements,
he shall issue a certificate of conformity applicable to such
vehicle or engine.
(ii) If, based on tests conducted under paragraph (1) on any new
vehicle or engine, the Administrator determines that such vehicle
or engine does not conform with such regulations and requirements,
he may suspend or revoke such certificate insofar as it applies to
such vehicle or engine until such time as he finds such vehicle or
engine actually so conforms with such regulations and requirements,
and he shall so notify the manufacturer.
(B)(i) At the request of any manufacturer the Administrator shall
grant such manufacturer a hearing as to whether the tests have been
properly conducted or any sampling methods have been properly
applied, and make a determination on the record with respect to any
suspension or revocation under subparagraph (A); but suspension or
revocation under subparagraph (A) shall not be stayed by reason of
such hearing.
(ii) In any case of actual controversy as to the validity of any
determination under clause (i), the manufacturer may at any time
prior to the 60th day after such determination is made file a
petition with the United States court of appeals for the circuit
wherein such manufacturer resides or has his principal place of
business for a judicial review of such determination. A copy of the
petition shall be forthwith transmitted by the clerk of the court
to the Administrator or other officer designated by him for that
purpose. The Administrator thereupon shall file in the court the
record of the proceedings on which the Administrator based his
determination, as provided in section 2112 of title 28.
(iii) If the petitioner applies to the court for leave to adduce
additional evidence, and shows to the satisfaction of the court
that such additional evidence is material and that there were
reasonable grounds for the failure to adduce such evidence in the
proceeding before the Administrator, the court may order such
additional evidence (and evidence in rebuttal thereof) to be taken
before the Administrator, in such manner and upon such terms and
conditions as the court may deem proper. The Administrator may
modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken and he shall file such
modified or new findings, and his recommendation, if any, for the
modification or setting aside of his original determination, with
the return of such additional evidence.
(iv) Upon the filing of the petition referred to in clause (ii),
the court shall have jurisdiction to review the order in accordance
with chapter 7 of title 5 and to grant appropriate relief as
provided in such chapter.
(c) Inspection
For purposes of enforcement of this section, officers or
employees duly designated by the Administrator, upon presenting
appropriate credentials to the manufacturer or person in charge,
are authorized (1) to enter, at reasonable times, any plant or
other establishment of such manufacturer, for the purpose of
conducting tests of vehicles or engines in the hands of the
manufacturer, or (2) to inspect, at reasonable times, records,
files, papers, processes, controls, and facilities used by such
manufacturer in conducting tests under regulations of the
Administrator. Each such inspection shall be commenced and
completed with reasonable promptness.
(d) Rules and regulations
The Administrator shall by regulation establish methods and
procedures for making tests under this section.
(e) Publication of test results
The Administrator shall make available to the public the results
of his tests of any motor vehicle or motor vehicle engine submitted
by a manufacturer under subsection (a) of this section as promptly
as possible after December 31, 1970, and at the beginning of each
model year which begins thereafter. Such results shall be described
in such nontechnical manner as will reasonably disclose to
prospective ultimate purchasers of new motor vehicles and new motor
vehicle engines the comparative performance of the vehicles and
engines tested in meeting the standards prescribed under section
7521 of this title.
(f) High altitude regulations
All light duty (!1) vehicles and engines manufactured during or
after model year 1984 and all light-duty trucks manufactured during
or after model year 1995 shall comply with the requirements of
section 7521 of this title regardless of the altitude at which they
are sold.
(g) Nonconformance penalty
(1) In the case of any class or category of heavy-duty vehicles
or engines to which a standard promulgated under section 7521(a) of
this title applies, except as provided in paragraph (2), a
certificate of conformity shall be issued under subsection (a) of
this section and shall not be suspended or revoked under subsection
(b) of this section for such vehicles or engines manufactured by a
manufacturer notwithstanding the failure of such vehicles or
engines to meet such standard if such manufacturer pays a
nonconformance penalty as provided under regulations promulgated by
the Administrator after notice and opportunity for public hearing.
In the case of motorcycles to which such a standard applies, such a
certificate may be issued notwithstanding such failure if the
manufacturer pays such a penalty.
(2) No certificate of conformity may be issued under paragraph
(1) with respect to any class or category of vehicle or engine if
the degree by which the manufacturer fails to meet any standard
promulgated under section 7521(a) of this title with respect to
such class or category exceeds the percentage determined under
regulations promulgated by the Administrator to be practicable.
Such regulations shall require such testing of vehicles or engines
being produced as may be necessary to determine the percentage of
the classes or categories of vehicles or engines which are not in
compliance with the regulations with respect to which a certificate
of conformity was issued and shall be promulgated not later than
one year after August 7, 1977.
(3) The regulations promulgated under paragraph (1) shall, not
later than one year after August 7, 1977, provide for
nonconformance penalties in amounts determined under a formula
established by the Administrator. Such penalties under such formula
-
(A) may vary from pollutant-to-pollutant;
(B) may vary by class or category or vehicle or engine;
(C) shall take into account the extent to which actual
emissions of any air pollutant exceed allowable emissions under
the standards promulgated under section 7521 of this title;
(D) shall be increased periodically in order to create
incentives for the development of production vehicles or engines
which achieve the required degree of emission reduction; and
(E) shall remove any competitive disadvantage to manufacturers
whose engines or vehicles achieve the required degree of emission
reduction (including any such disadvantage arising from the
application of paragraph (4)).
(4) In any case in which a certificate of conformity has been
issued under this subsection, any warranty required under section
7541(b)(2) of this title and any action under section 7541(c) of
this title shall be required to be effective only for the emission
levels which the Administrator determines that such certificate was
issued and not for the emission levels required under the
applicable standard.
(5) The authorities of section 7542(a) of this title shall apply,
subject to the conditions of section 7542(b) (!2) of this title,
for purposes of this subsection.
(h) Review and revision of regulations
Within 18 months after November 15, 1990, the Administrator shall
review and revise as necessary the regulations under subsection
(!3) (a) and (b) of this section regarding the testing of motor
vehicles and motor vehicle engines to insure that vehicles are
tested under circumstances which reflect the actual current driving
conditions under which motor vehicles are used, including
conditions relating to fuel, temperature, acceleration, and
altitude.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 206, as added Pub. L. 91-
604, Sec. 8(a), Dec. 31, 1970, 84 Stat. 1694; amended Pub. L. 95-
95, title II, Secs. 213(a), 214(b), (c), 220, 224(e), Aug. 7,
1977, 91 Stat. 758-760, 762, 768; Pub. L. 95-190, Sec. 14(a)(69),
Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101-549, title II, Secs. 208,
230(7), (8), Nov. 15, 1990, 104 Stat. 2483, 2529.)
-REFTEXT-
REFERENCES IN TEXT
Section 7542 of this title, referred to in subsec. (g)(5), was
amended generally by Pub. L. 101-549, title II, Sec. 211, Nov. 15,
1990, 104 Stat. 2487, and provisions formerly contained in section
7542(b) of this title are contained in section 7542(c).
-COD-
CODIFICATION
Section was formerly classified to section 1857f-5 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 206 of act July 14, 1955, related to testing of
motor vehicles and motor vehicle engines and was classified to
section 1857f-5 of this title, prior to repeal by Pub. L. 91-604.
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 208(b), inserted new
third sentence and struck out former third sentence which read as
follows: "In the case of any manufacturer of vehicles or vehicle
engines whose projected sales in the United States for any model
year (as determined by the Administrator) will not exceed three
hundred, the regulations prescribed by the Administrator concerning
testing by the manufacturer for purposes of determining compliance
with regulations under section 7521 of this title for the useful
life of the vehicle or engine shall not require operation of any
vehicle or engine manufactured during such model year for more than
five thousand miles or one hundred and sixty hours, respectively,
but the Administrator shall apply such adjustment factors as he
deems appropriate to assure that each such vehicle or engine will
comply during its useful life (as determined under section 7521(d)
of this title) with the regulations prescribed under section 7521
of this title."
Subsec. (a)(4). Pub. L. 101-549, Sec. 208(a), added par. (4).
Subsec. (e). Pub. L. 101-549, Sec. 230(7), struck out "announce
in the Federal Register and" after "The Administrator shall".
Subsec. (f). Pub. L. 101-549, Sec. 230(8), struck out par. (1)
designation before "All light duty vehicles", inserted reference to
all light-duty trucks manufactured during or after model year 1995,
and struck out par. (2) which required the Administrator to report
to Congress by Oct. 1, 1978, on the economic impact and
technological feasibility of the requirements of former par. (1).
Subsec. (h). Pub. L. 101-549, Sec. 208(c), added subsec. (h).
1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 220, inserted
provisions covering testing by small manufacturers.
Subsec. (a)(3). Pub. L. 95-95, Sec. 214(b), added par. (3).
Subsec. (b)(2)(A)(i). Pub. L. 95-95, Sec. 214(c)(1), (2),
substituted "certificate of conformity was issued and with the
requirements of section 7521(a)(4) of this title, he may suspend"
for "certificate of conformity was issued, he may suspend" and
"such regulations and requirements" for "such regulations".
Subsec. (b)(2)(A)(ii). Pub. L. 95-95, Sec. 214(c)(2), substituted
"such regulations and requirements" for "such regulations".
Subsec. (f). Pub. L. 95-95, Sec. 213(a), added subsec. (f).
Subsec. (g). Pub. L. 95-95, Sec. 224(e), added subsec. (g).
Subsec. (g)(3)(D). Pub. L. 95-190 inserted "shall" before "be".
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.
EFFECTIVE DATE
Section 8(b) of Pub. L. 91-604 provided that: "The amendments
made by this section [enacting this section and section 7541 of
this title] shall not apply to vehicles or engines imported into
the United States before the sixtieth day after the date of
enactment of this Act [Dec. 31, 1970]."
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.
-FOOTNOTE-
(!1) So in original. Probably should be "light-duty".
(!2) See References in Text note below.
(!3) So in original. Probably should be "subsections".
-End-
-CITE-
42 USC Sec. 7541 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7541. Compliance by vehicles and engines in actual use
-STATUTE-
(a) Warranty; certification; payment of replacement costs of parts,
devices, or components designed for emission control
(1) Effective with respect to vehicles and engines manufactured
in model years beginning more than 60 days after December 31, 1970,
the manufacturer of each new motor vehicle and new motor vehicle
engine shall warrant to the ultimate purchaser and each subsequent
purchaser that such vehicle or engine is (A) designed, built, and
equipped so as to conform at the time of sale with applicable
regulations under section 7521 of this title, and (B) free from
defects in materials and workmanship which cause such vehicle or
engine to fail to conform with applicable regulations for its
useful life (as determined under section 7521(d) of this title). In
the case of vehicles and engines manufactured in the model year
1995 and thereafter such warranty shall require that the vehicle or
engine is free from any such defects for the warranty period
provided under subsection (i) of this section.
(2) In the case of a motor vehicle part or motor vehicle engine
part, the manufacturer or rebuilder of such part may certify that
use of such part will not result in a failure of the vehicle or
engine to comply with emission standards promulgated under section
7521 of this title. Such certification shall be made only under
such regulations as may be promulgated by the Administrator to
carry out the purposes of subsection (b) of this section. The
Administrator shall promulgate such regulations no later than two
years following August 7, 1977.
(3) The cost of any part, device, or component of any light-duty
vehicle that is designed for emission control and which in the
instructions issued pursuant to subsection (c)(3) of this section
is scheduled for replacement during the useful life of the vehicle
in order to maintain compliance with regulations under section 7521
of this title, the failure of which shall not interfere with the
normal performance of the vehicle, and the expected retail price of
which, including installation costs, is greater than 2 percent of
the suggested retail price of such vehicle, shall be borne or
reimbursed at the time of replacement by the vehicle manufacturer
and such replacement shall be provided without cost to the ultimate
purchaser, subsequent purchaser, or dealer. The term "designed for
emission control" as used in the preceding sentence means a
catalytic converter, thermal reactor, or other component installed
on or in a vehicle for the sole or primary purpose of reducing
vehicle emissions (not including those vehicle components which
were in general use prior to model year 1968 and the primary
function of which is not related to emission control).
(b) Testing methods and procedures
If the Administrator determines that (i) there are available
testing methods and procedures to ascertain whether, when in actual
use throughout its (!1) the warranty period (as determined under
subsection (i) of this section), each vehicle and engine to which
regulations under section 7521 of this title apply complies with
the emission standards of such regulations, (ii) such methods and
procedures are in accordance with good engineering practices, and
(iii) such methods and procedures are reasonably capable of being
correlated with tests conducted under section 7525(a)(1) of this
title, then -
(1) he shall establish such methods and procedures by
regulation, and
(2) at such time as he determines that inspection facilities or
equipment are available for purposes of carrying out testing
methods and procedures established under paragraph (1), he shall
prescribe regulations which shall require manufacturers to
warrant the emission control device or system of each new motor
vehicle or new motor vehicle engine to which a regulation under
section 7521 of this title applies and which is manufactured in a
model year beginning after the Administrator first prescribes
warranty regulations under this paragraph (2). The warranty under
such regulations shall run to the ultimate purchaser and each
subsequent purchaser and shall provide that if -
(A) the vehicle or engine is maintained and operated in
accordance with instructions under subsection (c)(3) of this
section,
(B) it fails to conform at any time during its (!1) the
warranty period (as determined under subsection (i) of this
section) to the regulations prescribed under section 7521 of
this title, and
(C) such nonconformity results in the ultimate purchaser (or
any subsequent purchaser) of such vehicle or engine having to
bear any penalty or other sanction (including the denial of the
right to use such vehicle or engine) under State or Federal
law,
then such manufacturer shall remedy such nonconformity under such
warranty with the cost thereof to be borne by the manufacturer.
No such warranty shall be invalid on the basis of any part used
in the maintenance or repair of a vehicle or engine if such part
was certified as provided under subsection (a)(2) of this
section.
(c) Nonconforming vehicles; plan for remedying nonconformity;
instructions for maintenance and use; label or tag
Effective with respect to vehicles and engines manufactured
during model years beginning more than 60 days after December 31,
1970 -
(1) If the Administrator determines that a substantial number
of any class or category of vehicles or engines, although
properly maintained and used, do not conform to the regulations
prescribed under section 7521 of this title, when in actual use
throughout their useful life (as determined under section 7521(d)
of this title), he shall immediately notify the manufacturer
thereof of such nonconformity, and he shall require the
manufacturer to submit a plan for remedying the nonconformity of
the vehicles or engines with respect to which such notification
is given. The plan shall provide that the nonconformity of any
such vehicles or engines which are properly used and maintained
will be remedied at the expense of the manufacturer. If the
manufacturer disagrees with such determination of nonconformity
and so advises the Administrator, the Administrator shall afford
the manufacturer and other interested persons an opportunity to
present their views and evidence in support thereof at a public
hearing. Unless, as a result of such hearing the Administrator
withdraws such determination of nonconformity, he shall, within
60 days after the completion of such hearing, order the
manufacturer to provide prompt notification of such nonconformity
in accordance with paragraph (2).
(2) Any notification required by paragraph (1) with respect to
any class or category of vehicles or engines shall be given to
dealers, ultimate purchasers, and subsequent purchasers (if
known) in such manner and containing such information as the
Administrator may by regulations require.
(3)(A) The manufacturer shall furnish with each new motor
vehicle or motor vehicle engine written instructions for the
proper maintenance and use of the vehicle or engine by the
ultimate purchaser and such instructions shall correspond to
regulations which the Administrator shall promulgate. The
manufacturer shall provide in boldface type on the first page of
the written maintenance instructions notice that maintenance,
replacement, or repair of the emission control devices and
systems may be performed by any automotive repair establishment
or individual using any automotive part which has been certified
as provided in subsection (a)(2) of this section.
(B) The instruction under subparagraph (A) of this paragraph
shall not include any condition on the ultimate purchaser's
using, in connection with such vehicle or engine, any component
or service (other than a component or service provided without
charge under the terms of the purchase agreement) which is
identified by brand, trade, or corporate name; or directly or
indirectly distinguishing between service performed by the
franchised dealers of such manufacturer or any other service
establishments with which such manufacturer has a commercial
relationship, and service performed by independent automotive
repair facilities with which such manufacturer has no commercial
relationship; except that the prohibition of this subsection may
be waived by the Administrator if -
(i) the manufacturer satisfies the Administrator that the
vehicle or engine will function properly only if the component
or service so identified is used in connection with such
vehicle or engine, and
(ii) the Administrator finds that such a waiver is in the
public interest.
(C) In addition, the manufacturer shall indicate by means of a
label or tag permanently affixed to such vehicle or engine that
such vehicle or engine is covered by a certificate of conformity
issued for the purpose of assuring achievement of emissions
standards prescribed under section 7521 of this title. Such label
or tag shall contain such other information relating to control
of motor vehicle emissions as the Administrator shall prescribe
by regulation.
(4) Intermediate in-use standards. -
(A) Model years 1994 and 1995. - For light-duty trucks of up
to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty
vehicles which are subject to standards under table G of
section 7521(g)(1) of this title in model years 1994 and 1995
(40 percent of the manufacturer's sales volume in model year
1994 and 80 percent in model year 1995), the standards
applicable to NMHC, CO, and NOx for purposes of this
subsection shall be those set forth in table A below in lieu of
the standards for such air pollutants otherwise applicable
under this subchapter.
TABLE A - INTERMEDIATE IN-USE STANDARDS LDTS UP TO 6,000 LBS. GVWR
AND LIGHT-DUTY VEHICLES
--------------------------------------------------------------------
Vehicle type NMHC CO NOx
--------------------------------------------------------------------
Light-duty vehicles 0.32 3.4 0.4*
LDT's (0-3,750 LVW) 0.32 5.2 0.4*
LDT's (3,751-5,750 LVW) 0.41 6.7 0.7*
*Not applicable to diesel-fueled vehicles.
--------------------------------------------------------------------
(B) Model years 1996 and thereafter. - (i) In the model years
1996 and 1997, light-duty trucks (LDTs) up to 6,000 lbs. gross
vehicle weight rating (GVWR) and light-duty vehicles which are
not subject to final in-use standards under paragraph (5) (60
percent of the manufacturer's sales volume in model year 1996
and 20 percent in model year 1997) shall be subject to the
standards set forth in table A of subparagraph (A) for NMHC,
CO, and NOx for purposes of this subsection in lieu of those
set forth in paragraph (5).
(ii) For LDTs of more than 6,000 lbs. GVWR -
(I) in model year 1996 which are subject to the standards
set forth in Table H of section 7521(h) of this title (50%);
(II) in model year 1997 (100%); and
(III) in model year 1998 which are not subject to final in-
use standards under paragraph (5) (50%);
the standards for NMHC, CO, and NOx for purposes of this
subsection shall be those set forth in Table B below in lieu of
the standards for such air pollutants otherwise applicable
under this subchapter.
TABLE B - INTERMEDIATE IN-USE STANDARDS LDTS MORE THAN 6,000 LBS.
GVWR
--------------------------------------------------------------------
Vehicle type NMHC CO NOx
--------------------------------------------------------------------
LDTs (3,751-5,750 lbs. TW) 0.40 5.5 0.88*
LDTs (over 5,750 lbs. TW) 0.49 6.2 1.38*
*Not applicable to diesel-fueled vehicles.
--------------------------------------------------------------------
(C) Useful life. - In the case of the in-use standards
applicable under this paragraph, for purposes of applying this
subsection, the applicable useful life shall be 5 years or
50,000 miles or the equivalent (whichever first occurs).
(5) Final in-use standards. - (A) After the model year 1995,
for purposes of applying this subsection, in the case of the
percentage specified in the implementation schedule below of each
manufacturer's sales volume of light-duty trucks of up to 6,000
lbs. gross vehicle weight rating (GVWR) and light duty (!2)
vehicles, the standards for NMHC, CO, and NOx shall be as
provided in Table G in section 7521(g) of this title, except that
in applying the standards set forth in Table G for purposes of
determining compliance with this subsection, the applicable
useful life shall be (i) 5 years or 50,000 miles (or the
equivalent) whichever first occurs in the case of standards
applicable for purposes of certification at 50,000 miles; and
(ii) 10 years or 100,000 miles (or the equivalent), whichever
first occurs in the case of standards applicable for purposes of
certification at 100,000 miles, except that no testing shall be
done beyond 7 years or 75,000 miles, or the equivalent whichever
first occurs.
LDTS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE FOR
IMPLEMENTATION OF FINAL IN-USE STANDARDS
--------------------------------------------------------------------
Model year Percent
--------------------------------------------------------------------
1996 40
1997 80
1998 100
--------------------------------------------------------------------
(B) After the model year 1997, for purposes of applying this
subsection, in the case of the percentage specified in the
implementation schedule below of each manufacturer's sales volume
of light-duty trucks of more than 6,000 lbs. gross vehicle weight
rating (GVWR), the standards for NMHC, CO, and NOx shall be as
provided in Table H in section 7521(h) of this title, except that
in applying the standards set forth in Table H for purposes of
determining compliance with this subsection, the applicable
useful life shall be (i) 5 years or 50,000 miles (or the
equivalent) whichever first occurs in the case of standards
applicable for purposes of certification at 50,000 miles; and
(ii) 11 years or 120,000 miles (or the equivalent), whichever
first occurs in the case of standards applicable for purposes of
certification at 120,000 miles, except that no testing shall be
done beyond 7 years or 90,000 miles (or the equivalent) whichever
first occurs.
LDTS OF MORE THAN 6,000 LBS. GVWR IMPLEMENTATION SCHEDULE FOR
IMPLEMENTATION OF FINAL IN-USE STANDARDS
--------------------------------------------------------------------
Model year Percent
--------------------------------------------------------------------
1998 50
1999 100
--------------------------------------------------------------------
(6) Diesel vehicles; in-use useful life and testing. - (A) In
the case of diesel-fueled light-duty trucks up to 6,000 lbs. GVWR
and light-duty vehicles, the useful life for purposes of
determining in-use compliance with the standards under section
7521(g) of this title for NOx shall be a period of 10 years or
100,000 miles (or the equivalent), whichever first occurs, in the
case of standards applicable for purposes of certification at
100,000 miles, except that testing shall not be done for a period
beyond 7 years or 75,000 miles (or the equivalent) whichever
first occurs.
(B) In the case of diesel-fueled light-duty trucks of 6,000
lbs. GVWR or more, the useful life for purposes of determining in-
use compliance with the standards under section 7521(h) of this
title for NOx shall be a period of 11 years or 120,000 miles
(or the equivalent), whichever first occurs, in the case of
standards applicable for purposes of certification at 120,000
miles, except that testing shall not be done for a period beyond
7 years or 90,000 miles (or the equivalent) whichever first
occurs.
(d) Dealer costs borne by manufacturer
Any cost obligation of any dealer incurred as a result of any
requirement imposed by subsection (a), (b), or (c) of this section
shall be borne by the manufacturer. The transfer of any such cost
obligation from a manufacturer to any dealer through franchise or
other agreement is prohibited.
(e) Cost statement
If a manufacturer includes in any advertisement a statement
respecting the cost or value of emission control devices or
systems, such manufacturer shall set forth in such statement the
cost or value attributed to such devices or systems by the
Secretary of Labor (through the Bureau of Labor Statistics). The
Secretary of Labor, and his representatives, shall have the same
access for this purpose to the books, documents, papers, and
records of a manufacturer as the Comptroller General has to those
of a recipient of assistance for purposes of section 7611 of this
title.
(f) Inspection after sale to ultimate purchaser
Any inspection of a motor vehicle or a motor vehicle engine for
purposes of subsection (c)(1) of this section, after its sale to
the ultimate purchaser, shall be made only if the owner of such
vehicle or engine voluntarily permits such inspection to be made,
except as may be provided by any State or local inspection program.
(g) Replacement and maintenance costs borne by owner
For the purposes of this section, the owner of any motor vehicle
or motor vehicle engine warranted under this section is responsible
in the proper maintenance of such vehicle or engine to replace and
to maintain, at his expense at any service establishment or
facility of his choosing, such items as spark plugs, points,
condensers, and any other part, item, or device related to emission
control (but not designed for emission control under the terms of
the last sentence of subsection (a)(3) of this section)),(!3)
unless such part, item, or device is covered by any warranty not
mandated by this chapter.
(h) Dealer certification
(1) Upon the sale of each new light-duty motor vehicle by a
dealer, the dealer shall furnish to the purchaser a certificate
that such motor vehicle conforms to the applicable regulations
under section 7521 of this title, including notice of the
purchaser's rights under paragraph (2).
(2) If at any time during the period for which the warranty
applies under subsection (b) of this section, a motor vehicle fails
to conform to the applicable regulations under section 7521 of this
title as determined under subsection (b) of this section such
nonconformity shall be remedied by the manufacturer at the cost of
the manufacturer pursuant to such warranty as provided in
subsection (b)(2) of this section (without regard to subparagraph
(C) thereof).
(3) Nothing in section 7543(a) of this title shall be construed
to prohibit a State from testing, or requiring testing of, a motor
vehicle after the date of sale of such vehicle to the ultimate
purchaser (except that no new motor vehicle manufacturer or dealer
may be required to conduct testing under this paragraph).
(i) Warranty period
(1) In general
For purposes of subsection (a)(1) of this section and
subsection (b) of this section, the warranty period, effective
with respect to new light-duty trucks and new light-duty vehicles
and engines, manufactured in the model year 1995 and thereafter,
shall be the first 2 years or 24,000 miles of use (whichever
first occurs), except as provided in paragraph (2). For purposes
of subsection (a)(1) of this section and subsection (b) of this
section, for other vehicles and engines the warranty period shall
be the period established by the Administrator by regulation
(promulgated prior to November 15, 1990) for such purposes unless
the Administrator subsequently modifies such regulation.
(2) Specified major emission control components
In the case of a specified major emission control component,
the warranty period for new light-duty trucks and new light-duty
vehicles and engines manufactured in the model year 1995 and
thereafter for purposes of subsection (a)(1) of this section and
subsection (b) of this section shall be 8 years or 80,000 miles
of use (whichever first occurs). As used in this paragraph, the
term "specified major emission control component" means only a
catalytic converter, an electronic emissions control unit, and an
onboard emissions diagnostic device, except that the
Administrator may designate any other pollution control device or
component as a specified major emission control component if -
(A) the device or component was not in general use on
vehicles and engines manufactured prior to the model year 1990;
and
(B) the Administrator determines that the retail cost
(exclusive of installation costs) of such device or component
exceeds $200 (in 1989 dollars), adjusted for inflation or
deflation as calculated by the Administrator at the time of
such determination.
For purposes of this paragraph, the term "onboard emissions
diagnostic device" means any device installed for the purpose of
storing or processing emissions related diagnostic information,
but not including any parts or other systems which it monitors
except specified major emissions control components. Nothing in
this chapter shall be construed to provide that any part (other
than a part referred to in the preceding sentence) shall be
required to be warranted under this chapter for the period of 8
years or 80,000 miles referred to in this paragraph.
(3) Instructions
Subparagraph (A) of subsection (b)(2) of this section shall
apply only where the Administrator has made a determination that
the instructions concerned conform to the requirements of
subsection (c)(3) of this section.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 207, as added Pub. L. 91-
604, Sec. 8(a), Dec. 31, 1970, 84 Stat. 1696; amended Pub. L. 95-
95, title II, Secs. 205, 208-210, 212, Aug. 7, 1977, 91 Stat. 754-
756, 758; Pub. L. 95-190, Sec. 14(a)(70)-(72), Nov. 16, 1977, 91
Stat. 1403; Pub. L. 101-549, title II, Secs. 209, 210, 230(9), Nov.
15, 1990, 104 Stat. 2484, 2485, 2529.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-5a of this
title.
-MISC1-
PRIOR PROVISIONS
A prior section 207 of act July 14, 1955, was renumbered section
208 by Pub. L. 91-604 and is classified to section 7542 of this
title.
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 209(4), inserted at
end "In the case of vehicles and engines manufactured in the model
year 1995 and thereafter such warranty shall require that the
vehicle or engine is free from any such defects for the warranty
period provided under subsection (i) of this section."
Subsec. (b). Pub. L. 101-549, Sec. 209(1), (2), substituted "the
warranty period (as determined under subsection (i) of this
section)" for "useful life (as determined under section 7521(d) of
this title)" in introductory provisions and par. (2)(B), and struck
out closing provisions which read as follows: "For purposes of the
warranty under this subsection, for the period after twenty-four
months or twenty-four thousand miles (whichever first occurs) the
term 'emission control device or system' means a catalytic
converter, thermal reactor, or other component installed on or in a
vehicle for the sole or primary purpose of reducing vehicle
emissions. Such term shall not include those vehicle components
which were in general use prior to model year 1968."
Subsec. (c)(4) to (6). Pub. L. 101-549, Sec. 210, added pars. (4)
to (6).
Subsec. (g). Pub. L. 101-549, Sec. 230(9), substituted "the last
sentence of subsection (a)(3) of this section)" for "the last three
sentences of subsection (a)(1) of this section".
Subsec. (i). Pub. L. 101-549, Sec. 209(3), added subsec. (i).
1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(70), designated
provisions contained in cl. (3) of subsec. (a), formerly set out as
containing cls. (1), (2), and (3), to be par. (3) of subsec. (a)
after the amendment by Pub. L. 95-95, Sec. 209(b), which designated
provisions of former subsec. (a) as par. (1) and former cls. (1)
and (2) as (A) and (B) of par. (1) and added a new par. (2).
Pub. L. 95-95, Sec. 205, added cl. (3).
Subsec. (b). Pub. L. 95-95, Sec. 209(a), (c), inserted provisions
to par. (2) that no warranty be held invalid on the basis of any
part used in the maintenance or repair of a vehicle or engine if
the part was certified as provided in subsec. (a)(2) of this
section, and, following par. (2), inserted provisions defining
"emission control device or system".
Subsec. (c)(3). Pub. L. 95-95, Sec. 208, designated existing
provisions as subpars. (A) and (C), added requirement for the bold
face printing of a required notice on the first page of the written
maintenance instructions in subpar. (A), and added subpar. (B).
Subsec. (f). Pub. L. 95-190, Sec. 14(a)(71), redesignated subsec.
(f) as added by Pub. L. 95-95, Sec. 212, as (h).
Subsec. (g). Pub. L. 95-95, Sec. 210, added subsec. (g).
Subsec. (h). Pub. L. 95-190, Sec. 14(a)(71), redesignated subsec.
(f) as added by Pub. L. 95-95, Sec. 212, as (h).
Subsec. (h)(2). Pub. L. 95-190, Sec. 14(a)(72), substituted
"determined under" for "determined and".
EFFECTIVE DATE OF 1990 AMENDMENT
Section 209 of Pub. L. 101-549 provided that the amendments made
by that section are effective with respect to new motor vehicles
and engines manufactured in model year 1995 and thereafter.
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.
EFFECTIVE DATE
Section not applicable to vehicles or engines imported into
United States before sixtieth day after Dec. 31, 1970, see section
8(b) of Pub. L. 91-604, set out as a note under section 7525 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.
-FOOTNOTE-
(!1) So in original. The word "its" probably should not appear.
(!2) So in original. Probably should be "light-duty".
(!3) So in original. The second closing parenthesis probably
should not appear.
-End-
-CITE-
42 USC Sec. 7542 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7542. Information collection
-STATUTE-
(a) Manufacturer's responsibility
Every manufacturer of new motor vehicles or new motor vehicle
engines, and every manufacturer of new motor vehicle or engine
parts or components, and other persons subject to the requirements
of this part or part C of this subchapter, shall establish and
maintain records, perform tests where such testing is not otherwise
reasonably available under this part and part C of this subchapter
(including fees for testing), make reports and provide information
the Administrator may reasonably require to determine whether the
manufacturer or other person has acted or is acting in compliance
with this part and part C of this subchapter and regulations
thereunder, or to otherwise carry out the provision of this part
and part C of this subchapter, and shall, upon request of an
officer or employee duly designated by the Administrator, permit
such officer or employee at reasonable times to have access to and
copy such records.
(b) Enforcement authority
For the purposes of enforcement of this section, officers or
employees duly designated by the Administrator upon presenting
appropriate credentials are authorized -
(1) to enter, at reasonable times, any establishment of the
manufacturer, or of any person whom the manufacturer engages to
perform any activity required by subsection (a) of this section,
for the purposes of inspecting or observing any activity
conducted pursuant to subsection (a) of this section, and
(2) to inspect records, files, papers, processes, controls, and
facilities used in performing any activity required by subsection
(a) of this section, by such manufacturer or by any person whom
the manufacturer engages to perform any such activity.
(c) Availability to public; trade secrets
Any records, reports, or information obtained under this part or
part C of this subchapter shall be available to the public, except
that upon a showing satisfactory to the Administrator by any person
that records, reports, or information, or a particular portion
thereof (other than emission data), to which the Administrator has
access under this section, if made public, would divulge methods or
processes entitled to protection as trade secrets of that person,
the Administrator shall consider the record, report, or information
or particular portion thereof confidential in accordance with the
purposes of section 1905 of title 18. Any authorized representative
of the Administrator shall be considered an employee of the United
States for purposes of section 1905 of title 18. Nothing in this
section shall prohibit the Administrator or authorized
representative of the Administrator from disclosing records,
reports or information to other officers, employees or authorized
representatives of the United States concerned with carrying out
this chapter or when relevant in any proceeding under this chapter.
Nothing in this section shall authorize the withholding of
information by the Administrator or any officer or employee under
the Administrator's control from the duly authorized committees of
the Congress.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 208, formerly Sec. 207, as
added Pub. L. 89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat.
994; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501;
renumbered and amended Pub. L. 91-604, Secs. 8(a), 10(a),
11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1700, 1705,
1713; Pub. L. 101-549, title II, Sec. 211, Nov. 15, 1990, 104 Stat.
2487.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-6 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 208 of act July 14, 1955, as added Nov. 21, 1967,
Pub. L. 90-148, Sec. 2, 81 Stat. 501, was renumbered section 209 by
Pub. L. 91-604 and is classified to section 7543 of this title.
Another prior section 208 of act July 14, 1955, as added Oct. 20,
1965, Pub. L. 89-272, title I, Sec. 101(8), 79 Stat. 994, was
renumbered section 212 by Pub. L. 90-148, renumbered section 213 by
Pub. L. 91-604, renumbered 214 by Pub. L. 93-319, and renumbered
section 216 by Pub. L. 95-95, and is classified to section 7550 of
this title.
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
manufacturer's responsibility; and in subsec. (b), availability to
public except for trade secrets.
1970 - Subsec. (a). Pub. L. 91-604, Secs. 11(a)(2)(A), 15(c)(2),
substituted "Administrator" for "Secretary" wherever appearing and
"part" for "subchapter".
Subsec. (b). Pub. L. 91-604, Secs. 10(a), 15(c)(2), substituted
provisions authorizing the Administrator to make available to the
public any records, reports, of information obtained under subsec.
(a) of this section, except those shown to the Administrator to be
entitled to protection as trade secrets, for provisions that all
information reported or otherwise obtained by the Secretary or his
representative pursuant to subsec. (a) of this section, which
information contains or relates to a trade secret or other matter
referred to in section 1905 of title 18, be considered confidential
for the purpose of such section 1905, and substituted
"Administrator" for "Secretary".
1967 - Pub. L. 90-148 reenacted section without change.
-End-
-CITE-
42 USC Sec. 7543 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7543. State standards
-STATUTE-
(a) Prohibition
No State or any political subdivision thereof shall adopt or
attempt to enforce any standard relating to the control of
emissions from new motor vehicles or new motor vehicle engines
subject to this part. No State shall require certification,
inspection, or any other approval relating to the control of
emissions from any new motor vehicle or new motor vehicle engine as
condition precedent to the initial retail sale, titling (if any),
or registration of such motor vehicle, motor vehicle engine, or
equipment.
(b) Waiver
(1) The Administrator shall, after notice and opportunity for
public hearing, waive application of this section to any State
which has adopted standards (other than crankcase emission
standards) for the control of emissions from new motor vehicles or
new motor vehicle engines prior to March 30, 1966, if the State
determines that the State standards will be, in the aggregate, at
least as protective of public health and welfare as applicable
Federal standards. No such waiver shall be granted if the
Administrator finds that -
(A) the determination of the State is arbitrary and capricious,
(B) such State does not need such State standards to meet
compelling and extraordinary conditions, or
(C) such State standards and accompanying enforcement
procedures are not consistent with section 7521(a) of this title.
(2) If each State standard is at least as stringent as the
comparable applicable Federal standard, such State standard shall
be deemed to be at least as protective of health and welfare as
such Federal standards for purposes of paragraph (1).
(3) In the case of any new motor vehicle or new motor vehicle
engine to which State standards apply pursuant to a waiver granted
under paragraph (1), compliance with such State standards shall be
treated as compliance with applicable Federal standards for
purposes of this subchapter.
(c) Certification of vehicle parts or engine parts
Whenever a regulation with respect to any motor vehicle part or
motor vehicle engine part is in effect under section 7541(a)(2) of
this title, no State or political subdivision thereof shall adopt
or attempt to enforce any standard or any requirement of
certification, inspection, or approval which relates to motor
vehicle emissions and is applicable to the same aspect of such
part. The preceding sentence shall not apply in the case of a State
with respect to which a waiver is in effect under subsection (b) of
this section.
(d) Control, regulation, or restrictions on registered or licensed
motor vehicles
Nothing in this part shall preclude or deny to any State or
political subdivision thereof the right otherwise to control,
regulate, or restrict the use, operation, or movement of registered
or licensed motor vehicles.
(e) Nonroad engines or vehicles
(1) Prohibition on certain State standards
No State or any political subdivision thereof shall adopt or
attempt to enforce any standard or other requirement relating to
the control of emissions from either of the following new nonroad
engines or nonroad vehicles subject to regulation under this
chapter -
(A) New engines which are used in construction equipment or
vehicles or used in farm equipment or vehicles and which are
smaller than 175 horsepower.
(B) New locomotives or new engines used in locomotives.
Subsection (b) of this section shall not apply for purposes of
this paragraph.
(2) Other nonroad engines or vehicles
(A) In the case of any nonroad vehicles or engines other than
those referred to in subparagraph (A) or (B) of paragraph (1),
the Administrator shall, after notice and opportunity for public
hearing, authorize California to adopt and enforce standards and
other requirements relating to the control of emissions from such
vehicles or engines if California determines that California
standards will be, in the aggregate, at least as protective of
public health and welfare as applicable Federal standards. No
such authorization shall be granted if the Administrator finds
that -
(i) the determination of California is arbitrary and
capricious,
(ii) California does not need such California standards to
meet compelling and extraordinary conditions, or
(iii) California standards and accompanying enforcement
procedures are not consistent with this section.
(B) Any State other than California which has plan provisions
approved under part D of subchapter I of this chapter may adopt
and enforce, after notice to the Administrator, for any period,
standards relating to control of emissions from nonroad vehicles
or engines (other than those referred to in subparagraph (A) or
(B) of paragraph (1)) and take such other actions as are referred
to in subparagraph (A) of this paragraph respecting such vehicles
or engines if -
(i) such standards and implementation and enforcement are
identical, for the period concerned, to the California
standards authorized by the Administrator under subparagraph
(A), and
(ii) California and such State adopt such standards at least
2 years before commencement of the period for which the
standards take effect.
The Administrator shall issue regulations to implement this
subsection.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 209, formerly Sec. 208, as
added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501;
renumbered and amended Pub. L. 91-604, Secs. 8(a), 11(a)(2)(A),
15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1705, 1713; Pub. L. 95-95,
title II, Secs. 207, 221, Aug. 7, 1977, 91 Stat. 755, 762; Pub. L.
101-549, title II, Sec. 222(b), Nov. 15, 1990, 104 Stat. 2502.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-6a of this
title.
-MISC1-
PRIOR PROVISIONS
A prior section 209 of act July 14, 1955, as added Nov. 21, 1967,
Pub. L. 90-148, Sec. 2, 81 Stat. 502, was renumbered section 210 by
Pub. L. 91-604 and is classified to section 7544 of this title.
Another prior section 209 of act July 14, 1955, ch. 360, title
II, as added Oct. 20, 1965, Pub. L. 89-272, title I, Sec. 101(8),
79 Stat. 995, related to appropriations for the fiscal years ending
June 30, 1966, 1967, 1968, and 1969, and was classified to section
1857f-8 of this title, prior to repeal by Pub. L. 89-675, Sec.
2(b), Oct. 15, 1966, 80 Stat. 954.
AMENDMENTS
1990 - Subsec. (e). Pub. L. 101-549 added subsec. (e).
1977 - Subsec. (b). Pub. L. 95-95, Sec. 207, designated existing
provisions as par. (1), substituted "March 30, 1966, if the State
determines that the State standards will be, in the aggregate, at
least as protective of public health and welfare as applicable
Federal standards" for "March 30, 1966, unless he finds that such
State does not require standards more stringent than applicable
Federal standards to meet compelling the extraordinary conditions
or that such State standards and accompanying enforcement
procedures are not consistent with section 7521(a) of this title",
added subpars. (A), (B), and (C), and added pars. (2) and (3).
Subsecs. (c), (d). Pub. L. 95-95, Sec. 221, added subsec. (c) and
redesignated former subsec. (c) as (d).
1970 - Subsec. (a). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted
"part" for "subchapter".
Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary".
Subsec. (c). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted "part"
for "subchapter".
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.
-End-
-CITE-
42 USC Sec. 7544 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7544. State grants
-STATUTE-
The Administrator is authorized to make grants to appropriate
State agencies in an amount up to two-thirds of the cost of
developing and maintaining effective vehicle emission devices and
systems inspection and emission testing and control programs,
except that -
(1) no such grant shall be made for any part of any State
vehicle inspection program which does not directly relate to the
cost of the air pollution control aspects of such a program;
(2) no such grant shall be made unless the Secretary of
Transportation has certified to the Administrator that such
program is consistent with any highway safety program developed
pursuant to section 402 of title 23; and
(3) no such grant shall be made unless the program includes
provisions designed to insure that emission control devices and
systems on vehicles in actual use have not been discontinued or
rendered inoperative.
Grants may be made under this section by way of reimbursement in
any case in which amounts have been expended by the State before
the date on which any such grant was made.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 210, formerly Sec. 209, as
added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 502;
renumbered and amended Pub. L. 91-604, Secs. 8(a), 10(b), Dec. 31,
1970, 84 Stat. 1694, 1700; Pub. L. 95-95, title II, Sec. 204, Aug.
7, 1977, 91 Stat. 754.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-6b of this
title.
-MISC1-
PRIOR PROVISIONS
A prior section 210 of act July 14, 1955, was renumbered section
211 by Pub. L. 91-604 and is classified to section 7545 of this
title.
AMENDMENTS
1977 - Pub. L. 95-95 inserted provision allowing grants to be
made by way of reimbursement in any case in which amounts have been
expended by States before the date on which the grants were made.
1970 - Pub. L. 91-604, Sec. 10(b), substituted provisions
authorizing the Administrator to make grants to appropriate State
agencies for the development and maintenance of effective vehicle
emission devices and systems inspection and emission testing and
control programs, for provisions authorizing the Secretary to make
grants to appropriate State air pollution control agencies for the
development of meaningful uniform motor vehicle emission device
inspection and emission testing programs.
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.
-End-
-CITE-
42 USC Sec. 7545 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7545. Regulation of fuels
-STATUTE-
(a) Authority of Administrator to regulate
The Administrator may by regulation designate any fuel or fuel
additive (including any fuel or fuel additive used exclusively in
nonroad engines or nonroad vehicles) and, after such date or dates
as may be prescribed by him, no manufacturer or processor of any
such fuel or additive may sell, offer for sale, or introduce into
commerce such fuel or additive unless the Administrator has
registered such fuel or additive in accordance with subsection (b)
of this section.
(b) Registration requirement
(1) For the purpose of registration of fuels and fuel additives,
the Administrator shall require -
(A) the manufacturer of any fuel to notify him as to the
commercial identifying name and manufacturer of any additive
contained in such fuel; the range of concentration of any
additive in the fuel; and the purpose-in-use of any such
additive; and
(B) the manufacturer of any additive to notify him as to the
chemical composition of such additive.
(2) For the purpose of registration of fuels and fuel additives,
the Administrator shall, on a regular basis, require the
manufacturer of any fuel or fuel additive -
(A) to conduct tests to determine potential public health and
environmental effects of the fuel or additive (including
carcinogenic, teratogenic, or mutagenic effects); and
(B) to furnish the description of any analytical technique that
can be used to detect and measure any additive in such fuel, the
recommended range of concentration of such additive, and the
recommended purpose-in-use of such additive, and such other
information as is reasonable and necessary to determine the
emissions resulting from the use of the fuel or additive
contained in such fuel, the effect of such fuel or additive on
the emission control performance of any vehicle, vehicle engine,
nonroad engine or nonroad vehicle, or the extent to which such
emissions affect the public health or welfare.
Tests under subparagraph (A) shall be conducted in conformity with
test procedures and protocols established by the Administrator. The
result of such tests shall not be considered confidential.
(3) Upon compliance with the provision of this subsection,
including assurances that the Administrator will receive changes in
the information required, the Administrator shall register such
fuel or fuel additive.
(4) Study on certain fuel additives and blendstocks. -
(A) In general. - Not later than 2 years after August 8, 2005,
the Administrator shall -
(i) conduct a study on the effects on public health
(including the effects on children, pregnant women, minority or
low-income communities, and other sensitive populations), air
quality, and water resources of increased use of, and the
feasibility of using as substitutes for methyl tertiary butyl
ether in gasoline -
(I) ethyl tertiary butyl ether;
(II) tertiary amyl methyl ether;
(III) di-isopropyl ether;
(IV) tertiary butyl alcohol;
(V) other ethers and heavy alcohols, as determined by then
(!1) Administrator;
(VI) ethanol;
(VII) iso-octane; and
(VIII) alkylates; and
(ii) conduct a study on the effects on public health
(including the effects on children, pregnant women, minority or
low-income communities, and other sensitive populations), air
quality, and water resources of the adjustment for ethanol-
blended reformulated gasoline to the volatile organic
compounds performance requirements that are applicable under
paragraphs (1) and (3) of subsection (k) of this section; and
(iii) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report describing the results of the
studies under clauses (i) and (ii).
(B) Contracts for study. - In carrying out this paragraph, the
Administrator may enter into one or more contracts with
nongovernmental entities such as -
(i) the national energy laboratories; and
(ii) institutions of higher education (as defined in section
1001 of title 20).
(c) Offending fuels and fuel additives; control; prohibition
(1) The Administrator may, from time to time on the basis of
information obtained under subsection (b) of this section or other
information available to him, by regulation, control or prohibit
the manufacture, introduction into commerce, offering for sale, or
sale of any fuel or fuel additive for use in a motor vehicle, motor
vehicle engine, or nonroad engine or nonroad vehicle if, in the
judgment of the Administrator, any fuel or fuel additive or any
emission product of such fuel or fuel additive causes, or
contributes, to air pollution or water pollution (including any
degradation in the quality of groundwater) that may reasonably be
anticipated to endanger the public health or welfare, or (B) (!2)
if emission products of such fuel or fuel additive will impair to a
significant degree the performance of any emission control device
or system which is in general use, or which the Administrator finds
has been developed to a point where in a reasonable time it would
be in general use were such regulation to be promulgated.
(2)(A) No fuel, class of fuels, or fuel additive may be
controlled or prohibited by the Administrator pursuant to clause
(A) of paragraph (1) except after consideration of all relevant
medical and scientific evidence available to him, including
consideration of other technologically or economically feasible
means of achieving emission standards under section 7521 of this
title.
(B) No fuel or fuel additive may be controlled or prohibited by
the Administrator pursuant to clause (B) of paragraph (1) except
after consideration of available scientific and economic data,
including a cost benefit analysis comparing emission control
devices or systems which are or will be in general use and require
the proposed control or prohibition with emission control devices
or systems which are or will be in general use and do not require
the proposed control or prohibition. On request of a manufacturer
of motor vehicles, motor vehicle engines, fuels, or fuel additives
submitted within 10 days of notice of proposed rulemaking, the
Administrator shall hold a public hearing and publish findings with
respect to any matter he is required to consider under this
subparagraph. Such findings shall be published at the time of
promulgation of final regulations.
(C) No fuel or fuel additive may be prohibited by the
Administrator under paragraph (1) unless he finds, and publishes
such finding, that in his judgment such prohibition will not cause
the use of any other fuel or fuel additive which will produce
emissions which will endanger the public health or welfare to the
same or greater degree than the use of the fuel or fuel additive
proposed to be prohibited.
(3)(A) For the purpose of obtaining evidence and data to carry
out paragraph (2), the Administrator may require the manufacturer
of any motor vehicle or motor vehicle engine to furnish any
information which has been developed concerning the emissions from
motor vehicles resulting from the use of any fuel or fuel additive,
or the effect of such use on the performance of any emission
control device or system.
(B) In obtaining information under subparagraph (A), section
7607(a) of this title (relating to subpenas) shall be applicable.
(4)(A) Except as otherwise provided in subparagraph (B) or (C),
no State (or political subdivision thereof) may prescribe or
attempt to enforce, for purposes of motor vehicle emission control,
any control or prohibition respecting any characteristic or
component of a fuel or fuel additive in a motor vehicle or motor
vehicle engine -
(i) if the Administrator has found that no control or
prohibition of the characteristic or component of a fuel or fuel
additive under paragraph (1) is necessary and has published his
finding in the Federal Register, or
(ii) if the Administrator has prescribed under paragraph (1) a
control or prohibition applicable to such characteristic or
component of a fuel or fuel additive, unless State prohibition or
control is identical to the prohibition or control prescribed by
the Administrator.
(B) Any State for which application of section 7543(a) of this
title has at any time been waived under section 7543(b) of this
title may at any time prescribe and enforce, for the purpose of
motor vehicle emission control, a control or prohibition respecting
any fuel or fuel additive.
(C)(i) A State may prescribe and enforce, for purposes of motor
vehicle emission control, a control or prohibition respecting the
use of a fuel or fuel additive in a motor vehicle or motor vehicle
engine if an applicable implementation plan for such State under
section 7410 of this title so provides. The Administrator may
approve such provision in an implementation plan, or promulgate an
implementation plan containing such a provision, only if he finds
that the State control or prohibition is necessary to achieve the
national primary or secondary ambient air quality standard which
the plan implements. The Administrator may find that a State
control or prohibition is necessary to achieve that standard if no
other measures that would bring about timely attainment exist, or
if other measures exist and are technically possible to implement,
but are unreasonable or impracticable. The Administrator may make a
finding of necessity under this subparagraph even if the plan for
the area does not contain an approved demonstration of timely
attainment.
(ii) The Administrator may temporarily waive a control or
prohibition respecting the use of a fuel or fuel additive required
or regulated by the Administrator pursuant to subsection (c), (h),
(i), (k), or (m) of this section or prescribed in an applicable
implementation plan under section 7410 of this title approved by
the Administrator under clause (i) of this subparagraph if, after
consultation with, and concurrence by, the Secretary of Energy, the
Administrator determines that -
(I) extreme and unusual fuel or fuel additive supply
circumstances exist in a State or region of the Nation which
prevent the distribution of an adequate supply of the fuel or
fuel additive to consumers;
(II) such extreme and unusual fuel and fuel additive supply
circumstances are the result of a natural disaster, an Act of
God, a pipeline or refinery equipment failure, or another event
that could not reasonably have been foreseen or prevented and not
the lack of prudent planning on the part of the suppliers of the
fuel or fuel additive to such State or region; and
(III) it is in the public interest to grant the waiver (for
example, when a waiver is necessary to meet projected temporary
shortfalls in the supply of the fuel or fuel additive in a State
or region of the Nation which cannot otherwise be compensated
for).
(iii) If the Administrator makes the determinations required
under clause (ii), such a temporary extreme and unusual fuel and
fuel additive supply circumstances waiver shall be permitted only
if -
(I) the waiver applies to the smallest geographic area
necessary to address the extreme and unusual fuel and fuel
additive supply circumstances;
(II) the waiver is effective for a period of 20 calendar days
or, if the Administrator determines that a shorter waiver period
is adequate, for the shortest practicable time period necessary
to permit the correction of the extreme and unusual fuel and fuel
additive supply circumstances and to mitigate impact on air
quality;
(III) the waiver permits a transitional period, the exact
duration of which shall be determined by the Administrator (but
which shall be for the shortest practicable period), after the
termination of the temporary waiver to permit wholesalers and
retailers to blend down their wholesale and retail inventory;
(IV) the waiver applies to all persons in the motor fuel
distribution system; and
(V) the Administrator has given public notice to all parties in
the motor fuel distribution system, and local and State
regulators, in the State or region to be covered by the waiver.
The term "motor fuel distribution system" as used in this clause
shall be defined by the Administrator through rulemaking.
(iv) Within 180 days of August 8, 2005, the Administrator shall
promulgate regulations to implement clauses (ii) and (iii).
(v) (!3) Nothing in this subparagraph shall -
(I) limit or otherwise affect the application of any other
waiver authority of the Administrator pursuant to this section or
pursuant to a regulation promulgated pursuant to this section;
and
(II) subject any State or person to an enforcement action,
penalties, or liability solely arising from actions taken
pursuant to the issuance of a waiver under this subparagraph.
(v)(I) (!3) The Administrator shall have no authority, when
considering a State implementation plan or a State implementation
plan revision, to approve under this paragraph any fuel included in
such plan or revision if the effect of such approval increases the
total number of fuels approved under this paragraph as of September
1, 2004, in all State implementation plans.
(II) The Administrator, in consultation with the Secretary of
Energy, shall determine the total number of fuels approved under
this paragraph as of September 1, 2004, in all State implementation
plans and shall publish a list of such fuels, including the States
and Petroleum Administration for Defense District in which they are
used, in the Federal Register for public review and comment no
later than 90 days after August 8, 2005.
(III) The Administrator shall remove a fuel from the list
published under subclause (II) if a fuel ceases to be included in a
State implementation plan or if a fuel in a State implementation
plan is identical to a Federal fuel formulation implemented by the
Administrator, but the Administrator shall not reduce the total
number of fuels authorized under the list published under subclause
(II).
(IV) Subclause (I) shall not limit the Administrator's authority
to approve a control or prohibition respecting any new fuel under
this paragraph in a State implementation plan or revision to a
State implementation plan if such new fuel -
(aa) completely replaces a fuel on the list published under
subclause (II); or
(bb) does not increase the total number of fuels on the list
published under subclause (II) as of September 1, 2004.
In the event that the total number of fuels on the list published
under subclause (II) at the time of the Administrator's
consideration of a control or prohibition respecting a new fuel is
lower than the total number of fuels on such list as of September
1, 2004, the Administrator may approve a control or prohibition
respecting a new fuel under this subclause if the Administrator,
after consultation with the Secretary of Energy, publishes in the
Federal Register after notice and comment a finding that, in the
Administrator's judgment, such control or prohibition respecting a
new fuel will not cause fuel supply or distribution interruptions
or have a significant adverse impact on fuel producibility in the
affected area or contiguous areas.
(V) The Administrator shall have no authority under this
paragraph, when considering any particular State's implementation
plan or a revision to that State's implementation plan, to approve
any fuel unless that fuel was, as of the date of such
consideration, approved in at least one State implementation plan
in the applicable Petroleum Administration for Defense District.
However, the Administrator may approve as part of a State
implementation plan or State implementation plan revision a fuel
with a summertime Reid Vapor Pressure of 7.0 psi. In no event shall
such approval by the Administrator cause an increase in the total
number of fuels on the list published under subclause (II).
(VI) Nothing in this clause shall be construed to have any effect
regarding any available authority of States to require the use of
any fuel additive registered in accordance with subsection (b) of
this section, including any fuel additive registered in accordance
with subsection (b) of this section after August 8, 2005.
(d) Penalties and injunctions
(1) Civil penalties
Any person who violates subsection (a), (f), (g), (k), (l),
(m), (n), or (o) of this section or the regulations prescribed
under subsection (c), (h), (i), (k), (l), (m), (n), or (o) of
this section or who fails to furnish any information or conduct
any tests required by the Administrator under subsection (b) of
this section shall be liable to the United States for a civil
penalty of not more than the sum of $25,000 for every day of such
violation and the amount of economic benefit or savings resulting
from the violation. Any violation with respect to a regulation
prescribed under subsection (c), (k), (l), (m), or (o) of this
section which establishes a regulatory standard based upon a
multiday averaging period shall constitute a separate day of
violation for each and every day in the averaging period. Civil
penalties shall be assessed in accordance with subsections (b)
and (c) of section 7524 of this title.
(2) Injunctive authority
The district courts of the United States shall have
jurisdiction to restrain violations of subsections (a), (f), (g),
(k), (l), (m), (n), and (o) of this section and of the
regulations prescribed under subsections (c), (h), (i), (k), (l),
(m), (n), and (o) of this section, to award other appropriate
relief, and to compel the furnishing of information and the
conduct of tests required by the Administrator under subsection
(b) of this section. Actions to restrain such violations and
compel such actions shall be brought by and in the name of the
United States. In any such action, subpoenas for witnesses who
are required to attend a district court in any district may run
into any other district.
(e) Testing of fuels and fuel additives
(1) Not later than one year after August 7, 1977, and after
notice and opportunity for a public hearing, the Administrator
shall promulgate regulations which implement the authority under
subsection (b)(2)(A) and (B) of this section with respect to each
fuel or fuel additive which is registered on the date of
promulgation of such regulations and with respect to each fuel or
fuel additive for which an application for registration is filed
thereafter.
(2) Regulations under subsection (b) of this section to carry out
this subsection shall require that the requisite information be
provided to the Administrator by each such manufacturer -
(A) prior to registration, in the case of any fuel or fuel
additive which is not registered on the date of promulgation of
such regulations; or
(B) not later than three years after the date of promulgation
of such regulations, in the case of any fuel or fuel additive
which is registered on such date.
(3) In promulgating such regulations, the Administrator may -
(A) exempt any small business (as defined in such regulations)
from or defer or modify the requirements of, such regulations
with respect to any such small business;
(B) provide for cost-sharing with respect to the testing of any
fuel or fuel additive which is manufactured or processed by two
or more persons or otherwise provide for shared responsibility to
meet the requirements of this section without duplication; or
(C) exempt any person from such regulations with respect to a
particular fuel or fuel additive upon a finding that any
additional testing of such fuel or fuel additive would be
duplicative of adequate existing testing.
(f) New fuels and fuel additives
(1)(A) Effective upon March 31, 1977, it shall be unlawful for
any manufacturer of any fuel or fuel additive to first introduce
into commerce, or to increase the concentration in use of, any fuel
or fuel additive for general use in light duty motor vehicles
manufactured after model year 1974 which is not substantially
similar to any fuel or fuel additive utilized in the certification
of any model year 1975, or subsequent model year, vehicle or engine
under section 7525 of this title.
(B) Effective upon November 15, 1990, it shall be unlawful for
any manufacturer of any fuel or fuel additive to first introduce
into commerce, or to increase the concentration in use of, any fuel
or fuel additive for use by any person in motor vehicles
manufactured after model year 1974 which is not substantially
similar to any fuel or fuel additive utilized in the certification
of any model year 1975, or subsequent model year, vehicle or engine
under section 7525 of this title.
(2) Effective November 30, 1977, it shall be unlawful for any
manufacturer of any fuel to introduce into commerce any gasoline
which contains a concentration of manganese in excess of .0625
grams per gallon of fuel, except as otherwise provided pursuant to
a waiver under paragraph (4).
(3) Any manufacturer of any fuel or fuel additive which prior to
March 31, 1977, and after January 1, 1974, first introduced into
commerce or increased the concentration in use of a fuel or fuel
additive that would otherwise have been prohibited under paragraph
(1)(A) if introduced on or after March 31, 1977 shall, not later
than September 15, 1978, cease to distribute such fuel or fuel
additive in commerce. During the period beginning 180 days after
August 7, 1977, and before September 15, 1978, the Administrator
shall prohibit, or restrict the concentration of any fuel additive
which he determines will cause or contribute to the failure of an
emission control device or system (over the useful life of any
vehicle in which such device or system is used) to achieve
compliance by the vehicle with the emission standards with respect
to which it has been certified under section 7525 of this title.
(4) The Administrator, upon application of any manufacturer of
any fuel or fuel additive, may waive the prohibitions established
under paragraph (1) or (3) of this subsection or the limitation
specified in paragraph (2) of this subsection, if he determines
that the applicant has established that such fuel or fuel additive
or a specified concentration thereof, and the emission products of
such fuel or fuel additive or specified concentration thereof, will
not cause or contribute to a failure of any emission control device
or system (over the useful life of the motor vehicle, motor vehicle
engine, nonroad engine or nonroad vehicle in which such device or
system is used) to achieve compliance by the vehicle or engine with
the emission standards with respect to which it has been certified
pursuant to sections 7525 and 7547(a) of this title. The
Administrator shall take final action to grant or deny an
application submitted under this paragraph, after public notice and
comment, within 270 days of the receipt of such an application.
(5) No action of the Administrator under this section may be
stayed by any court pending judicial review of such action.
(g) Misfueling
(1) No person shall introduce, or cause or allow the introduction
of, leaded gasoline into any motor vehicle which is labeled
"unleaded gasoline only," which is equipped with a gasoline tank
filler inlet designed for the introduction of unleaded gasoline,
which is a 1990 or later model year motor vehicle, or which such
person knows or should know is a vehicle designed solely for the
use of unleaded gasoline.
(2) Beginning October 1, 1993, no person shall introduce or cause
or allow the introduction into any motor vehicle of diesel fuel
which such person knows or should know contains a concentration of
sulfur in excess of 0.05 percent (by weight) or which fails to meet
a cetane index minimum of 40 or such equivalent alternative
aromatic level as prescribed by the Administrator under subsection
(i)(2) of this section.
(h) Reid Vapor Pressure requirements
(1) Prohibition
Not later than 6 months after November 15, 1990, the
Administrator shall promulgate regulations making it unlawful for
any person during the high ozone season (as defined by the
Administrator) to sell, offer for sale, dispense, supply, offer
for supply, transport, or introduce into commerce gasoline with a
Reid Vapor Pressure in excess of 9.0 pounds per square inch
(psi). Such regulations shall also establish more stringent Reid
Vapor Pressure standards in a nonattainment area as the
Administrator finds necessary to generally achieve comparable
evaporative emissions (on a per-vehicle basis) in nonattainment
areas, taking into consideration the enforceability of such
standards, the need of an area for emission control, and economic
factors.
(2) Attainment areas
The regulations under this subsection shall not make it
unlawful for any person to sell, offer for supply, transport, or
introduce into commerce gasoline with a Reid Vapor Pressure of
9.0 pounds per square inch (psi) or lower in any area designated
under section 7407 of this title as an attainment area.
Notwithstanding the preceding sentence, the Administrator may
impose a Reid vapor pressure requirement lower than 9.0 pounds
per square inch (psi) in any area, formerly an ozone
nonattainment area, which has been redesignated as an attainment
area.
(3) Effective date; enforcement
The regulations under this subsection shall provide that the
requirements of this subsection shall take effect not later than
the high ozone season for 1992, and shall include such provisions
as the Administrator determines are necessary to implement and
enforce the requirements of this subsection.
(4) Ethanol waiver
For fuel blends containing gasoline and 10 percent denatured
anhydrous ethanol, the Reid vapor pressure limitation under this
subsection shall be one pound per square inch (psi) greater than
the applicable Reid vapor pressure limitations established under
paragraph (1); Provided, however, That a distributor, blender,
marketer, reseller, carrier, retailer, or wholesale purchaser-
consumer shall be deemed to be in full compliance with the
provisions of this subsection and the regulations promulgated
thereunder if it can demonstrate (by showing receipt of a
certification or other evidence acceptable to the Administrator)
that -
(A) the gasoline portion of the blend complies with the Reid
vapor pressure limitations promulgated pursuant to this
subsection;
(B) the ethanol portion of the blend does not exceed its
waiver condition under subsection (f)(4) of this section; and
(C) no additional alcohol or other additive has been added to
increase the Reid Vapor Pressure of the ethanol portion of the
blend.
(5) Exclusion from ethanol waiver
(A) Promulgation of regulations
Upon notification, accompanied by supporting documentation,
from the Governor of a State that the Reid vapor pressure
limitation established by paragraph (4) will increase emissions
that contribute to air pollution in any area in the State, the
Administrator shall, by regulation, apply, in lieu of the Reid
vapor pressure limitation established by paragraph (4), the
Reid vapor pressure limitation established by paragraph (1) to
all fuel blends containing gasoline and 10 percent denatured
anhydrous ethanol that are sold, offered for sale, dispensed,
supplied, offered for supply, transported, or introduced into
commerce in the area during the high ozone season.
(B) Deadline for promulgation
The Administrator shall promulgate regulations under
subparagraph (A) not later than 90 days after the date of
receipt of a notification from a Governor under that
subparagraph.
(C) Effective date
(i) In general
With respect to an area in a State for which the Governor
submits a notification under subparagraph (A), the
regulations under that subparagraph shall take effect on the
later of -
(I) the first day of the first high ozone season for the
area that begins after the date of receipt of the
notification; or
(II) 1 year after the date of receipt of the
notification.
(ii) Extension of effective date based on determination of
insufficient supply
(I) In general
If, after receipt of a notification with respect to an
area from a Governor of a State under subparagraph (A), the
Administrator determines, on the Administrator's own motion
or on petition of any person and after consultation with
the Secretary of Energy, that the promulgation of
regulations described in subparagraph (A) would result in
an insufficient supply of gasoline in the State, the
Administrator, by regulation -
(aa) shall extend the effective date of the regulations
under clause (i) with respect to the area for not more
than 1 year; and
(bb) may renew the extension under item (aa) for two
additional periods, each of which shall not exceed 1
year.
(II) Deadline for action on petitions
The Administrator shall act on any petition submitted
under subclause (I) not later than 180 days after the date
of receipt of the petition.
(6) Areas covered
The provisions of this subsection shall apply only to the 48
contiguous States and the District of Columbia.
(i) Sulfur content requirements for diesel fuel
(1) Effective October 1, 1993, no person shall manufacture, sell,
supply, offer for sale or supply, dispense, transport, or introduce
into commerce motor vehicle diesel fuel which contains a
concentration of sulfur in excess of 0.05 percent (by weight) or
which fails to meet a cetane index minimum of 40.
(2) Not later than 12 months after November 15, 1990, the
Administrator shall promulgate regulations to implement and enforce
the requirements of paragraph (1). The Administrator may require
manufacturers and importers of diesel fuel not intended for use in
motor vehicles to dye such fuel in a particular manner in order to
segregate it from motor vehicle diesel fuel. The Administrator may
establish an equivalent alternative aromatic level to the cetane
index specification in paragraph (1).
(3) The sulfur content of fuel required to be used in the
certification of 1991 through 1993 model year heavy-duty diesel
vehicles and engines shall be 0.10 percent (by weight). The sulfur
content and cetane index minimum of fuel required to be used in the
certification of 1994 and later model year heavy-duty diesel
vehicles and engines shall comply with the regulations promulgated
under paragraph (2).
(4) The States of Alaska and Hawaii may be exempted from the
requirements of this subsection in the same manner as provided in
section 7625 (!4) of this title. The Administrator shall take final
action on any petition filed under section 7625 (!4) of this title
or this paragraph for an exemption from the requirements of this
subsection, within 12 months from the date of the petition.
(j) Lead substitute gasoline additives
(1) After November 15, 1990, any person proposing to register any
gasoline additive under subsection (a) of this section or to use
any previously registered additive as a lead substitute may also
elect to register the additive as a lead substitute gasoline
additive for reducing valve seat wear by providing the
Administrator with such relevant information regarding product
identity and composition as the Administrator deems necessary for
carrying out the responsibilities of paragraph (2) of this
subsection (in addition to other information which may be required
under subsection (b) of this section).
(2) In addition to the other testing which may be required under
subsection (b) of this section, in the case of the lead substitute
gasoline additives referred to in paragraph (1), the Administrator
shall develop and publish a test procedure to determine the
additives' effectiveness in reducing valve seat wear and the
additives' tendencies to produce engine deposits and other adverse
side effects. The test procedures shall be developed in cooperation
with the Secretary of Agriculture and with the input of additive
manufacturers, engine and engine components manufacturers, and
other interested persons. The Administrator shall enter into
arrangements with an independent laboratory to conduct tests of
each additive using the test procedures developed and published
pursuant to this paragraph. The Administrator shall publish the
results of the tests by company and additive name in the Federal
Register along with, for comparison purposes, the results of
applying the same test procedures to gasoline containing 0.1 gram
of lead per gallon in lieu of the lead substitute gasoline
additive. The Administrator shall not rank or otherwise rate the
lead substitute additives. Test procedures shall be established
within 1 year after November 15, 1990. Additives shall be tested
within 18 months of November 15, 1990, or 6 months after the lead
substitute additives are identified to the Administrator, whichever
is later.
(3) The Administrator may impose a user fee to recover the costs
of testing of any fuel additive referred to in this subsection. The
fee shall be paid by the person proposing to register the fuel
additive concerned. Such fee shall not exceed $20,000 for a single
fuel additive.
(4) There are authorized to be appropriated to the Administrator
not more than $1,000,000 for the second full fiscal year after
November 15, 1990, to establish test procedures and conduct engine
tests as provided in this subsection. Not more than $500,000 per
year is authorized to be appropriated for each of the 5 subsequent
fiscal years.
(5) Any fees collected under this subsection shall be deposited
in a special fund in the United States Treasury for licensing and
other services which thereafter shall be available for
appropriation, to remain available until expended, to carry out the
Agency's activities for which the fees were collected.
(k) Reformulated gasoline for conventional vehicles
(1) EPA regulations
(A) In general
Not later than November 15, 1991, the Administrator shall
promulgate regulations under this section establishing
requirements for reformulated gasoline to be used in gasoline-
fueled vehicles in specified nonattainment areas. Such
regulations shall require the greatest reduction in emissions
of ozone forming volatile organic compounds (during the high
ozone season) and emissions of toxic air pollutants (during the
entire year) achievable through the reformulation of
conventional gasoline, taking into consideration the cost of
achieving such emission reductions, any nonair-quality and
other air-quality related health and environmental impacts and
energy requirements.
(B) Maintenance of toxic air pollutant emissions reductions
from reformulated gasoline
(i) Definition of PADD
In this subparagraph the term "PADD" means a Petroleum
Administration for Defense District.
(ii) Regulations concerning emissions of toxic air pollutants
Not later than 270 days after August 8, 2005, the
Administrator shall establish by regulation, for each
refinery or importer (other than a refiner or importer in a
State that has received a waiver under section 7543(b) of
this title with respect to gasoline produced for use in that
State), standards for toxic air pollutants from use of the
reformulated gasoline produced or distributed by the refiner
or importer that maintain the reduction of the average annual
aggregate emissions of toxic air pollutants for reformulated
gasoline produced or distributed by the refiner or importer
during calendar years 2001 and 2002 (as determined on the
basis of data collected by the Administrator with respect to
the refiner or importer).
(iii) Standards applicable to specific refineries or
importers
(I) Applicability of standards
For any calendar year, the standards applicable to a
refiner or importer under clause (ii) shall apply to the
quantity of gasoline produced or distributed by the refiner
or importer in the calendar year only to the extent that
the quantity is less than or equal to the average annual
quantity of reformulated gasoline produced or distributed
by the refiner or importer during calendar years 2001 and
2002.
(II) Applicability of other standards
For any calendar year, the quantity of gasoline produced
or distributed by a refiner or importer that is in excess
of the quantity subject to subclause (I) shall be subject
to standards for emissions of toxic air pollutants
promulgated under subparagraph (A) and paragraph (3)(B).
(iv) Credit program
The Administrator shall provide for the granting and use of
credits for emissions of toxic air pollutants in the same
manner as provided in paragraph (7).
(v) Regional protection of toxics reduction baselines
(I) In general
Not later than 60 days after August 8, 2005, and not
later than April 1 of each calendar year that begins after
August 8, 2005, the Administrator shall publish in the
Federal Register a report that specifies, with respect to
the previous calendar year -
(aa) the quantity of reformulated gasoline produced
that is in excess of the average annual quantity of
reformulated gasoline produced in 2001 and 2002; and
(bb) the reduction of the average annual aggregate
emissions of toxic air pollutants in each PADD, based on
retail survey data or data from other appropriate
sources.
(II) Effect of failure to maintain aggregate toxics
reductions
If, in any calendar year, the reduction of the average
annual aggregate emissions of toxic air pollutants in a
PADD fails to meet or exceed the reduction of the average
annual aggregate emissions of toxic air pollutants in the
PADD in calendar years 2001 and 2002, the Administrator,
not later than 90 days after the date of publication of the
report for the calendar year under subclause (I), shall -
(aa) identify, to the maximum extent practicable, the
reasons for the failure, including the sources, volumes,
and characteristics of reformulated gasoline that
contributed to the failure; and
(bb) promulgate revisions to the regulations
promulgated under clause (ii), to take effect not earlier
than 180 days but not later than 270 days after the date
of promulgation, to provide that, notwithstanding clause
(iii)(II), all reformulated gasoline produced or
distributed at each refiner or importer shall meet the
standards applicable under clause (iii)(I) beginning not
later than April 1 of the calendar year following
publication of the report under subclause (I) and in each
calendar year thereafter.
(vi) Not later than July 1, 2007, the Administrator shall
promulgate final regulations to control hazardous air
pollutants from motor vehicles and motor vehicle fuels, as
provided for in section 80.1045 of title 40, Code of Federal
Regulations (as in effect on August 8, 2005), and as
authorized under section 7521(l) (!5) of this title. If the
Administrator promulgates by such date, final regulations to
control hazardous air pollutants from motor vehicles and
motor vehicle fuels that achieve and maintain greater overall
reductions in emissions of air toxics from reformulated
gasoline than the reductions that would be achieved under
subsection (k)(1)(B) of this section as amended by this
clause, then subsections (k)(1)(B)(i) through (k)(1)(B)(v) of
this section shall be null and void and regulations
promulgated thereunder shall be rescinded and have no further
effect.
(2) General requirements
The regulations referred to in paragraph (1) shall require that
reformulated gasoline comply with paragraph (3) and with each of
the following requirements (subject to paragraph (7)):
(A) NOx emissions
The emissions of oxides of nitrogen (NOx) from baseline
vehicles when using the reformulated gasoline shall be no
greater than the level of such emissions from such vehicles
when using baseline gasoline. If the Administrator determines
that compliance with the limitation on emissions of oxides of
nitrogen under the preceding sentence is technically
infeasible, considering the other requirements applicable under
this subsection to such gasoline, the Administrator may, as
appropriate to ensure compliance with this subparagraph, adjust
(or waive entirely), any other requirements of this paragraph
or any requirements applicable under paragraph (3)(A).
(B) Benzene content
The benzene content of the gasoline shall not exceed 1.0
percent by volume.
(C) Heavy metals
The gasoline shall have no heavy metals, including lead or
manganese. The Administrator may waive the prohibition
contained in this subparagraph for a heavy metal (other than
lead) if the Administrator determines that addition of the
heavy metal to the gasoline will not increase, on an aggregate
mass or cancer-risk basis, toxic air pollutant emissions from
motor vehicles.
(3) More stringent of formula or performance standards
The regulations referred to in paragraph (1) shall require
compliance with the more stringent of either the requirements set
forth in subparagraph (A) or the requirements of subparagraph (B)
of this paragraph. For purposes of determining the more stringent
provision, clause (i) and clause (ii) of subparagraph (B) shall
be considered independently.
(A) Formula
(i) Benzene
The benzene content of the reformulated gasoline shall not
exceed 1.0 percent by volume.
(ii) Aromatics
The aromatic hydrocarbon content of the reformulated
gasoline shall not exceed 25 percent by volume.
(iii) Lead
The reformulated gasoline shall have no lead content.
(iv) Detergents
The reformulated gasoline shall contain additives to
prevent the accumulation of deposits in engines or vehicle
fuel supply systems.
(B) Performance standard
(i) VOC emissions
During the high ozone season (as defined by the
Administrator), the aggregate emissions of ozone forming
volatile organic compounds from baseline vehicles when using
the reformulated gasoline shall be 15 percent below the
aggregate emissions of ozone forming volatile organic
compounds from such vehicles when using baseline gasoline.
Effective in calendar year 2000 and thereafter, 25 percent
shall be substituted for 15 percent in applying this clause,
except that the Administrator may adjust such 25 percent
requirement to provide for a lesser or greater reduction
based on technological feasibility, considering the cost of
achieving such reductions in VOC emissions. No such
adjustment shall provide for less than a 20 percent reduction
below the aggregate emissions of such air pollutants from
such vehicles when using baseline gasoline. The reductions
required under this clause shall be on a mass basis.
(ii) Toxics
During the entire year, the aggregate emissions of toxic
air pollutants from baseline vehicles when using the
reformulated gasoline shall be 15 percent below the aggregate
emissions of toxic air pollutants from such vehicles when
using baseline gasoline. Effective in calendar year 2000 and
thereafter, 25 percent shall be substituted for 15 percent in
applying this clause, except that the Administrator may
adjust such 25 percent requirement to provide for a lesser or
greater reduction based on technological feasibility,
considering the cost of achieving such reductions in toxic
air pollutants. No such adjustment shall provide for less
than a 20 percent reduction below the aggregate emissions of
such air pollutants from such vehicles when using baseline
gasoline. The reductions required under this clause shall be
on a mass basis.
Any reduction greater than a specific percentage reduction
required under this subparagraph shall be treated as satisfying
such percentage reduction requirement.
(4) Certification procedures
(A) Regulations
The regulations under this subsection shall include
procedures under which the Administrator shall certify
reformulated gasoline as complying with the requirements
established pursuant to this subsection. Under such
regulations, the Administrator shall establish procedures for
any person to petition the Administrator to certify a fuel
formulation, or slate of fuel formulations. Such procedures
shall further require that the Administrator shall approve or
deny such petition within 180 days of receipt. If the
Administrator fails to act within such 180-day period, the fuel
shall be deemed certified until the Administrator completes
action on the petition.
(B) Certification; equivalency
The Administrator shall certify a fuel formulation or slate
of fuel formulations as complying with this subsection if such
fuel or fuels -
(i) comply with the requirements of paragraph (2), and
(ii) achieve equivalent or greater reductions in emissions
of ozone forming volatile organic compounds and emissions of
toxic air pollutants than are achieved by a reformulated
gasoline meeting the applicable requirements of paragraph
(3).
(C) EPA determination of emissions level
Within 1 year after November 15, 1990, the Administrator
shall determine the level of emissions of ozone forming
volatile organic compounds and emissions of toxic air
pollutants emitted by baseline vehicles when operating on
baseline gasoline. For purposes of this subsection, within 1
year after November 15, 1990, the Administrator shall, by rule,
determine appropriate measures of, and methodology for,
ascertaining the emissions of air pollutants (including
calculations, equipment, and testing tolerances).
(5) Prohibition
Effective beginning January 1, 1995, each of the following
shall be a violation of this subsection:
(A) The sale or dispensing by any person of conventional
gasoline to ultimate consumers in any covered area.
(B) The sale or dispensing by any refiner, blender, importer,
or marketer of conventional gasoline for resale in any covered
area, without (i) segregating such gasoline from reformulated
gasoline, and (ii) clearly marking such conventional gasoline
as "conventional gasoline, not for sale to ultimate consumer in
a covered area".
Any refiner, blender, importer or marketer who purchases property
(!6) segregated and marked conventional gasoline, and thereafter
labels, represents, or wholesales such gasoline as reformulated
gasoline shall also be in violation of this subsection. The
Administrator may impose sampling, testing, and recordkeeping
requirements upon any refiner, blender, importer, or marketer to
prevent violations of this section.
(6) Opt-in areas
(A) Classified areas
(i) In general
Upon the application of the Governor of a State, the
Administrator shall apply the prohibition set forth in
paragraph (5) in any area in the State classified under
subpart 2 of part D of subchapter I of this chapter as a
Marginal, Moderate, Serious, or Severe Area (without regard
to whether or not the 1980 population of the area exceeds
250,000). In any such case, the Administrator shall establish
an effective date for such prohibition as he deems
appropriate, not later than January 1, 1995, or 1 year after
such application is received, whichever is later. The
Administrator shall publish such application in the Federal
Register upon receipt.
(ii) Effect of insufficient domestic capacity to produce
reformulated gasoline
If the Administrator determines, on the Administrator's own
motion or on petition of any person, after consultation with
the Secretary of Energy, that there is insufficient domestic
capacity to produce gasoline certified under this subsection,
the Administrator shall, by rule, extend the effective date
of such prohibition in Marginal, Moderate, Serious, or Severe
Areas referred to in clause (i) for one additional year, and
may, by rule, renew such extension for 2 additional one-year
periods. The Administrator shall act on any petition
submitted under this subparagraph within 6 months after
receipt of the petition. The Administrator shall issue such
extensions for areas with a lower ozone classification before
issuing any such extension for areas with a higher
classification.
(B) Ozone transport region
(i) Application of prohibition
(I) In general
On application of the Governor of a State in the ozone
transport region established by section 7511c(a) of this
title, the Administrator, not later than 180 days after the
date of receipt of the application, shall apply the
prohibition specified in paragraph (5) to any area in the
State (other than an area classified as a marginal,
moderate, serious, or severe ozone nonattainment area under
subpart 2 of part D of subchapter I of this chapter) unless
the Administrator determines under clause (iii) that there
is insufficient capacity to supply reformulated gasoline.
(II) Publication of application
As soon as practicable after the date of receipt of an
application under subclause (I), the Administrator shall
publish the application in the Federal Register.
(ii) Period of applicability
Under clause (i), the prohibition specified in paragraph
(5) shall apply in a State -
(I) commencing as soon as practicable but not later than
2 years after the date of approval by the Administrator of
the application of the Governor of the State; and
(II) ending not earlier than 4 years after the
commencement date determined under subclause (I).
(iii) Extension of commencement date based on insufficient
capacity
(I) In general
If, after receipt of an application from a Governor of a
State under clause (i), the Administrator determines, on
the Administrator's own motion or on petition of any
person, after consultation with the Secretary of Energy,
that there is insufficient capacity to supply reformulated
gasoline, the Administrator, by regulation -
(aa) shall extend the commencement date with respect to
the State under clause (ii)(I) for not more than 1 year;
and
(bb) may renew the extension under item (aa) for 2
additional periods, each of which shall not exceed 1
year.
(II) Deadline for action on petitions
The Administrator shall act on any petition submitted
under subclause (I) not later than 180 days after the date
of receipt of the petition.
(7) Credits
(A) The regulations promulgated under this subsection shall
provide for the granting of an appropriate amount of credits to a
person who refines, blends, or imports and certifies a gasoline
or slate of gasoline that -
(i) has an aromatic hydrocarbon content (by volume) that is
less than the maximum aromatic hydrocarbon content required to
comply with paragraph (3); or
(ii) has a benzene content (by volume) that is less than the
maximum benzene content specified in paragraph (2).
(B) The regulations described in subparagraph (A) shall also
provide that a person who is granted credits may use such
credits, or transfer all or a portion of such credits to another
person for use within the same nonattainment area, for the
purpose of complying with this subsection.
(C) The regulations promulgated under subparagraphs (A) and (B)
shall ensure the enforcement of the requirements for the
issuance, application, and transfer of the credits. Such
regulations shall prohibit the granting or transfer of such
credits for use with respect to any gasoline in a nonattainment
area, to the extent the use of such credits would result in any
of the following:
(i) An average gasoline aromatic hydrocarbon content (by
volume) for the nonattainment (taking into account all gasoline
sold for use in conventional gasoline-fueled vehicles in the
nonattainment area) higher than the average fuel aromatic
hydrocarbon content (by volume) that would occur in the absence
of using any such credits.
(ii) An average benzene content (by volume) for the
nonattainment area (taking into account all gasoline sold for
use in conventional gasoline-fueled vehicles in the
nonattainment area) higher than the average benzene content (by
volume) that would occur in the absence of using any such
credits.
(8) Anti-dumping rules
(A) In general
Within 1 year after November 15, 1990, the Administrator
shall promulgate regulations applicable to each refiner,
blender, or importer of gasoline ensuring that gasoline sold or
introduced into commerce by such refiner, blender, or importer
(other than reformulated gasoline subject to the requirements
of paragraph (1)) does not result in average per gallon
emissions (measured on a mass basis) of (i) volatile organic
compounds, (ii) oxides of nitrogen, (iii) carbon monoxide, and
(iv) toxic air pollutants in excess of such emissions of such
pollutants attributable to gasoline sold or introduced into
commerce in calendar year 1990 by that refiner, blender, or
importer. Such regulations shall take effect beginning January
1, 1995.
(B) Adjustments
In evaluating compliance with the requirements of
subparagraph (A), the Administrator shall make appropriate
adjustments to insure that no credit is provided for
improvement in motor vehicle emissions control in motor
vehicles sold after the calendar year 1990.
(C) Compliance determined for each pollutant independently
In determining whether there is an increase in emissions in
violation of the prohibition contained in subparagraph (A) the
Administrator shall consider an increase in each air pollutant
referred to in clauses (i) through (iv) as a separate violation
of such prohibition, except that the Administrator shall
promulgate regulations to provide that any increase in
emissions of oxides of nitrogen resulting from adding
oxygenates to gasoline may be offset by an equivalent or
greater reduction (on a mass basis) in emissions of volatile
organic compounds, carbon monoxide, or toxic air pollutants, or
any combination of the foregoing.
(D) Compliance period
The Administrator shall promulgate an appropriate compliance
period or appropriate compliance periods to be used for
assessing compliance with the prohibition contained in
subparagraph (A).
(E) Baseline for determining compliance
If the Administrator determines that no adequate and reliable
data exists regarding the composition of gasoline sold or
introduced into commerce by a refiner, blender, or importer in
calendar year 1990, for such refiner, blender, or importer,
baseline gasoline shall be substituted for such 1990 gasoline
in determining compliance with subparagraph (A).
(9) Emissions from entire vehicle
In applying the requirements of this subsection, the
Administrator shall take into account emissions from the entire
motor vehicle, including evaporative, running, refueling, and
exhaust emissions.
(10) Definitions
For purposes of this subsection -
(A) Baseline vehicles
The term "baseline vehicles" mean representative model year
1990 vehicles.
(B) Baseline gasoline
(i) Summertime
The term "baseline gasoline" means in the case of gasoline
sold during the high ozone period (as defined by the
Administrator) a gasoline which meets the following
specifications:
BASELINE GASOLINE FUEL
PROPERTIES
API Gravity 57.4
Sulfur, ppm 339
Benzene, % 1.53
RVP, psi 8.7
Octane, R+M/2 87.3
IBP, F 91
10%, F 128
50%, F 218
90%, F 330
End Point, F 415
Aromatics, % 32.0
Olefins, % 9.2
Saturates, % 58.8
(ii) Wintertime
The Administrator shall establish the specifications of
"baseline gasoline" for gasoline sold at times other than the
high ozone period (as defined by the Administrator). Such
specifications shall be the specifications of 1990 industry
average gasoline sold during such period.
(C) Toxic air pollutants
The term "toxic air pollutants" means the aggregate emissions
of the following:
Benzene
1,3 Butadiene
Polycyclic organic matter (POM)
Acetaldehyde
Formaldehyde.
(D) Covered area
The 9 ozone nonattainment areas having a 1980 population in
excess of 250,000 and having the highest ozone design value
during the period 1987 through 1989 shall be "covered areas"
for purposes of this subsection. Effective one year after the
reclassification of any ozone nonattainment area as a Severe
ozone nonattainment area under section 7511(b) of this title,
such Severe area shall also be a "covered area" for purposes of
this subsection.
(E) Reformulated gasoline
The term "reformulated gasoline" means any gasoline which is
certified by the Administrator under this section as complying
with this subsection.
(F) Conventional gasoline
The term "conventional gasoline" means any gasoline which
does not meet specifications set by a certification under this
subsection.
(l) Detergents
Effective beginning January 1, 1995, no person may sell or
dispense to an ultimate consumer in the United States, and no
refiner or marketer may directly or indirectly sell or dispense to
persons who sell or dispense to ultimate consumers in the United
States any gasoline which does not contain additives to prevent the
accumulation of deposits in engines or fuel supply systems. Not
later than 2 years after November 15, 1990, the Administrator shall
promulgate a rule establishing specifications for such additives.
(m) Oxygenated fuels
(1) Plan revisions for CO nonattainment areas
(A) Each State in which there is located all or part of an area
which is designated under subchapter I of this chapter as a
nonattainment area for carbon monoxide and which has a carbon
monoxide design value of 9.5 parts per million (ppm) or above
based on data for the 2-year period of 1988 and 1989 and
calculated according to the most recent interpretation
methodology issued by the Administrator prior to November 15,
1990, shall submit to the Administrator a State implementation
plan revision under section 7410 of this title and part D of
subchapter I of this chapter for such area which shall contain
the provisions specified under this subsection regarding
oxygenated gasoline.
(B) A plan revision which contains such provisions shall also
be submitted by each State in which there is located any area
which, for any 2-year period after 1989 has a carbon monoxide
design value of 9.5 ppm or above. The revision shall be submitted
within 18 months after such 2-year period.
(2) Oxygenated gasoline in CO nonattainment areas
Each plan revision under this subsection shall contain
provisions to require that any gasoline sold, or dispensed, to
the ultimate consumer in the carbon monoxide nonattainment area
or sold or dispensed directly or indirectly by fuel refiners or
marketers to persons who sell or dispense to ultimate consumers,
in the larger of -
(A) the Consolidated Metropolitan Statistical Area (CMSA) in
which the area is located, or
(B) if the area is not located in a CMSA, the Metropolitan
Statistical Area in which the area is located,
be blended, during the portion of the year in which the area is
prone to high ambient concentrations of carbon monoxide to
contain not less than 2.7 percent oxygen by weight (subject to a
testing tolerance established by the Administrator). The portion
of the year in which the area is prone to high ambient
concentrations of carbon monoxide shall be as determined by the
Administrator, but shall not be less than 4 months. At the
request of a State with respect to any area designated as
nonattainment for carbon monoxide, the Administrator may reduce
the period specified in the preceding sentence if the State can
demonstrate that because of meteorological conditions, a reduced
period will assure that there will be no exceedances of the
carbon monoxide standard outside of such reduced period. For
areas with a carbon monoxide design value of 9.5 ppm or more of
(!7) November 15, 1990, the revision shall provide that such
requirement shall take effect no later than November 1, 1992 (or
at such other date during 1992 as the Administrator establishes
under the preceding provisions of this paragraph). For other
areas, the revision shall provide that such requirement shall
take effect no later than November 1 of the third year after the
last year of the applicable 2-year period referred to in
paragraph (1) (or at such other date during such third year as
the Administrator establishes under the preceding provisions of
this paragraph) and shall include a program for implementation
and enforcement of the requirement consistent with guidance to be
issued by the Administrator.
(3) Waivers
(A) The Administrator shall waive, in whole or in part, the
requirements of paragraph (2) upon a demonstration by the State
to the satisfaction of the Administrator that the use of
oxygenated gasoline would prevent or interfere with the
attainment by the area of a national primary ambient air quality
standard (or a State or local ambient air quality standard) for
any air pollutant other than carbon monoxide.
(B) The Administrator shall, upon demonstration by the State
satisfactory to the Administrator, waive the requirement of
paragraph (2) where the Administrator determines that mobile
sources of carbon monoxide do not contribute significantly to
carbon monoxide levels in an area.
(C)(i) Any person may petition the Administrator to make a
finding that there is, or is likely to be, for any area, an
inadequate domestic supply of, or distribution capacity for,
oxygenated gasoline meeting the requirements of paragraph (2) or
fuel additives (oxygenates) necessary to meet such requirements.
The Administrator shall act on such petition within 6 months
after receipt of the petition.
(ii) If the Administrator determines, in response to a petition
under clause (i), that there is an inadequate supply or capacity
described in clause (i), the Administrator shall delay the
effective date of paragraph (2) for 1 year. Upon petition, the
Administrator may extend such effective date for one additional
year. No partial delay or lesser waiver may be granted under this
clause.
(iii) In granting waivers under this subparagraph the
Administrator shall consider distribution capacity separately
from the adequacy of domestic supply and shall grant such waivers
in such manner as will assure that, if supplies of oxygenated
gasoline are limited, areas having the highest design value for
carbon monoxide will have a priority in obtaining oxygenated
gasoline which meets the requirements of paragraph (2).
(iv) As used in this subparagraph, the term distribution
capacity includes capacity for transportation, storage, and
blending.
(4) Fuel dispensing systems
Any person selling oxygenated gasoline at retail pursuant to
this subsection shall be required under regulations promulgated
by the Administrator to label the fuel dispensing system with a
notice that the gasoline is oxygenated and will reduce the carbon
monoxide emissions from the motor vehicle.
(5) Guidelines for credit
The Administrator shall promulgate guidelines, within 9 months
after November 15, 1990, allowing the use of marketable oxygen
credits from gasolines during that portion of the year specified
in paragraph (2) with higher oxygen content than required to
offset the sale or use of gasoline with a lower oxygen content
than required. No credits may be transferred between
nonattainment areas.
(6) Attainment areas
Nothing in this subsection shall be interpreted as requiring an
oxygenated gasoline program in an area which is in attainment for
carbon monoxide, except that in a carbon monoxide nonattainment
area which is redesignated as attainment for carbon monoxide, the
requirements of this subsection shall remain in effect to the
extent such program is necessary to maintain such standard
thereafter in the area.
(7) Failure to attain CO standard
If the Administrator determines under section 7512(b)(2) of
this title that the national primary ambient air quality standard
for carbon monoxide has not been attained in a Serious Area by
the applicable attainment date, the State shall submit a plan
revision for the area within 9 months after the date of such
determination. The plan revision shall provide that the minimum
oxygen content of gasoline referred to in paragraph (2) shall be
3.1 percent by weight unless such requirement is waived in
accordance with the provisions of this subsection.
(n) Prohibition on leaded gasoline for highway use
After December 31, 1995, it shall be unlawful for any person to
sell, offer for sale, supply, offer for supply, dispense,
transport, or introduce into commerce, for use as fuel in any motor
vehicle (as defined in section 7554(2) (!8) of this title) any
gasoline which contains lead or lead additives.
(o) Renewable fuel program
(1) Definitions
In this section:
(A) Cellulosic biomass ethanol
The term "cellulosic biomass ethanol" means ethanol derived
from any lignocellulosic or hemicellulosic matter that is
available on a renewable or recurring basis, including -
(i) dedicated energy crops and trees;
(ii) wood and wood residues;
(iii) plants;
(iv) grasses;
(v) agricultural residues;
(vi) fibers;
(vii) animal wastes and other waste materials; and
(viii) municipal solid waste.
The term also includes any ethanol produced in facilities where
animal wastes or other waste materials are digested or
otherwise used to displace 90 percent or more of the fossil
fuel normally used in the production of ethanol.
(B) Waste derived ethanol
The term "waste derived ethanol" means ethanol derived from -
(i) animal wastes, including poultry fats and poultry
wastes, and other waste materials; or
(ii) municipal solid waste.
(C) Renewable fuel
(i) In general
The term "renewable fuel" means motor vehicle fuel that -
(I)(aa) is produced from grain, starch, oilseeds,
vegetable, animal, or fish materials including fats,
greases, and oils, sugarcane, sugar beets, sugar
components, tobacco, potatoes, or other biomass; or
(bb) is natural gas produced from a biogas source,
including a landfill, sewage waste treatment plant,
feedlot, or other place where decaying organic material is
found; and
(II) is used to replace or reduce the quantity of fossil
fuel present in a fuel mixture used to operate a motor
vehicle.
(ii) Inclusion
The term "renewable fuel" includes -
(I) cellulosic biomass ethanol and "waste derived
ethanol"; and
(II) biodiesel (as defined in section 13220(f) of this
title) and any blending components derived from renewable
fuel (provided that only the renewable fuel portion of any
such blending component shall be considered part of the
applicable volume under the renewable fuel program
established by this subsection).
(D) Small refinery
The term "small refinery" means a refinery for which the
average aggregate daily crude oil throughput for a calendar
year (as determined by dividing the aggregate throughput for
the calendar year by the number of days in the calendar year)
does not exceed 75,000 barrels.
(2) Renewable fuel program
(A) Regulations
(i) In general
Not later than 1 year after August 8, 2005, the
Administrator shall promulgate regulations to ensure that
gasoline sold or introduced into commerce in the United
States (except in noncontiguous States or territories), on an
annual average basis, contains the applicable volume of
renewable fuel determined in accordance with subparagraph
(B).
(ii) Noncontiguous State opt-in
(I) In general
On the petition of a noncontiguous State or territory,
the Administrator may allow the renewable fuel program
established under this subsection to apply in the
noncontiguous State or territory at the same time or any
time after the Administrator promulgates regulations under
this subparagraph.
(II) Other actions
In carrying out this clause, the Administrator may -
(aa) issue or revise regulations under this paragraph;
(bb) establish applicable percentages under paragraph
(3);
(cc) provide for the generation of credits under
paragraph (5); and
(dd) take such other actions as are necessary to allow
for the application of the renewable fuels program in a
noncontiguous State or territory.
(iii) Provisions of regulations
Regardless of the date of promulgation, the regulations
promulgated under clause (i) -
(I) shall contain compliance provisions applicable to
refineries, blenders, distributors, and importers, as
appropriate, to ensure that the requirements of this
paragraph are met; but
(II) shall not -
(aa) restrict geographic areas in which renewable fuel
may be used; or
(bb) impose any per-gallon obligation for the use of
renewable fuel.
(iv) Requirement in case of failure to promulgate regulations
If the Administrator does not promulgate regulations under
clause (i), the percentage of renewable fuel in gasoline sold
or dispensed to consumers in the United States, on a volume
basis, shall be 2.78 percent for calendar year 2006.
(B) Applicable volume
(i) Calendar years 2006 through 2012
For the purpose of subparagraph (A), the applicable volume
for any of calendar years 2006 through 2012 shall be
determined in accordance with the following table:
plicable
lume of
newable
el
n billions of
Calendar year: llons):
--------------------------------------------------------------------
2006 4.0
2007 4.7
2008 5.4
2009 6.1
2010 6.8
2011 7.4
2012 7.5.
--------------------------------------------------------------------
(ii) Calendar year 2013 and thereafter
Subject to clauses (iii) and (iv), for the purposes of
subparagraph (A), the applicable volume for calendar year
2013 and each calendar year thereafter shall be determined by
the Administrator, in coordination with the Secretary of
Agriculture and the Secretary of Energy, based on a review of
the implementation of the program during calendar years 2006
through 2012, including a review of -
(I) the impact of the use of renewable fuels on the
environment, air quality, energy security, job creation,
and rural economic development; and
(II) the expected annual rate of future production of
renewable fuels, including cellulosic ethanol.
(iii) Minimum quantity derived from cellulosic biomass
For calendar year 2013 and each calendar year thereafter -
(I) the applicable volume referred to in clause (ii)
shall contain a minimum of 250,000,000 gallons that are
derived from cellulosic biomass; and
(II) the 2.5-to-1 ratio referred to in paragraph (4)
shall not apply.
(iv) Minimum applicable volume
For the purpose of subparagraph (A), the applicable volume
for calendar year 2013 and each calendar year thereafter
shall be equal to the product obtained by multiplying -
(I) the number of gallons of gasoline that the
Administrator estimates will be sold or introduced into
commerce in the calendar year; and
(II) the ratio that -
(aa) 7,500,000,000 gallons of renewable fuel; bears to
(bb) the number of gallons of gasoline sold or
introduced into commerce in calendar year 2012.
(3) Applicable percentages
(A) Provision of estimate of volumes of gasoline sales
Not later than October 31 of each of calendar years 2005
through 2011, the Administrator of the Energy Information
Administration shall provide to the Administrator of the
Environmental Protection Agency an estimate, with respect to
the following calendar year, of the volumes of gasoline
projected to be sold or introduced into commerce in the United
States.
(B) Determination of applicable percentages
(i) In general
Not later than November 30 of each of calendar years 2005
through 2012, based on the estimate provided under
subparagraph (A), the Administrator of the Environmental
Protection Agency shall determine and publish in the Federal
Register, with respect to the following calendar year, the
renewable fuel obligation that ensures that the requirements
of paragraph (2) are met.
(ii) Required elements
The renewable fuel obligation determined for a calendar
year under clause (i) shall -
(I) be applicable to refineries, blenders, and importers,
as appropriate;
(II) be expressed in terms of a volume percentage of
gasoline sold or introduced into commerce in the United
States; and
(III) subject to subparagraph (C)(i), consist of a single
applicable percentage that applies to all categories of
persons specified in subclause (I).
(C) Adjustments
In determining the applicable percentage for a calendar year,
the Administrator shall make adjustments -
(i) to prevent the imposition of redundant obligations on
any person specified in subparagraph (B)(ii)(I); and
(ii) to account for the use of renewable fuel during the
previous calendar year by small refineries that are exempt
under paragraph (9).
(4) Cellulosic biomass ethanol or waste derived ethanol
For the purpose of paragraph (2), 1 gallon of cellulosic
biomass ethanol or waste derived ethanol shall be considered to
be the equivalent of 2.5 gallons of renewable fuel.
(5) Credit program
(A) In general
The regulations promulgated under paragraph (2)(A) shall
provide -
(i) for the generation of an appropriate amount of credits
by any person that refines, blends, or imports gasoline that
contains a quantity of renewable fuel that is greater than
the quantity required under paragraph (2);
(ii) for the generation of an appropriate amount of credits
for biodiesel; and
(iii) for the generation of credits by small refineries in
accordance with paragraph (9)(C).
(B) Use of credits
A person that generates credits under subparagraph (A) may
use the credits, or transfer all or a portion of the credits to
another person, for the purpose of complying with paragraph
(2).
(C) Duration of credits
A credit generated under this paragraph shall be valid to
show compliance for the 12 months as of the date of generation.
(D) Inability to generate or purchase sufficient credits
The regulations promulgated under paragraph (2)(A) shall
include provisions allowing any person that is unable to
generate or purchase sufficient credits to meet the
requirements of paragraph (2) to carry forward a renewable fuel
deficit on condition that the person, in the calendar year
following the year in which the renewable fuel deficit is
created -
(i) achieves compliance with the renewable fuel requirement
under paragraph (2); and
(ii) generates or purchases additional renewable fuel
credits to offset the renewable fuel deficit of the previous
year.
(6) Seasonal variations in renewable fuel use
(A) Study
For each of calendar years 2006 through 2012, the
Administrator of the Energy Information Administration shall
conduct a study of renewable fuel blending to determine whether
there are excessive seasonal variations in the use of renewable
fuel.
(B) Regulation of excessive seasonal variations
If, for any calendar year, the Administrator of the Energy
Information Administration, based on the study under
subparagraph (A), makes the determinations specified in
subparagraph (C), the Administrator of the Environmental
Protection Agency shall promulgate regulations to ensure that
25 percent or more of the quantity of renewable fuel necessary
to meet the requirements of paragraph (2) is used during each
of the 2 periods specified in subparagraph (D) of each
subsequent calendar year.
(C) Determinations
The determinations referred to in subparagraph (B) are that -
(i) less than 25 percent of the quantity of renewable fuel
necessary to meet the requirements of paragraph (2) has been
used during 1 of the 2 periods specified in subparagraph (D)
of the calendar year;
(ii) a pattern of excessive seasonal variation described in
clause (i) will continue in subsequent calendar years; and
(iii) promulgating regulations or other requirements to
impose a 25 percent or more seasonal use of renewable fuels
will not prevent or interfere with the attainment of national
ambient air quality standards or significantly increase the
price of motor fuels to the consumer.
(D) Periods
The 2 periods referred to in this paragraph are -
(i) April through September; and
(ii) January through March and October through December.
(E) Exclusion
Renewable fuel blended or consumed in calendar year 2006 in a
State that has received a waiver under section 7543(b) of this
title shall not be included in the study under subparagraph
(A).
(F) State exemption from seasonality requirements
Notwithstanding any other provision of law, the seasonality
requirement relating to renewable fuel use established by this
paragraph shall not apply to any State that has received a
waiver under section 7543(b) of this title or any State
dependent on refineries in such State for gasoline supplies.
(7) Waivers
(A) In general
The Administrator, in consultation with the Secretary of
Agriculture and the Secretary of Energy, may waive the
requirements of paragraph (2) in whole or in part on petition
by one or more States by reducing the national quantity of
renewable fuel required under paragraph (2) -
(i) based on a determination by the Administrator, after
public notice and opportunity for comment, that
implementation of the requirement would severely harm the
economy or environment of a State, a region, or the United
States; or
(ii) based on a determination by the Administrator, after
public notice and opportunity for comment, that there is an
inadequate domestic supply.
(B) Petitions for waivers
The Administrator, in consultation with the Secretary of
Agriculture and the Secretary of Energy, shall approve or
disapprove a State petition for a waiver of the requirements of
paragraph (2) within 90 days after the date on which the
petition is received by the Administrator.
(C) Termination of waivers
A waiver granted under subparagraph (A) shall terminate after
1 year, but may be renewed by the Administrator after
consultation with the Secretary of Agriculture and the
Secretary of Energy.
(8) Study and waiver for initial year of program
(A) In general
Not later than 180 days after August 8, 2005, the Secretary
of Energy shall conduct for the Administrator a study assessing
whether the renewable fuel requirement under paragraph (2) will
likely result in significant adverse impacts on consumers in
2006, on a national, regional, or State basis.
(B) Required evaluations
The study shall evaluate renewable fuel -
(i) supplies and prices;
(ii) blendstock supplies; and
(iii) supply and distribution system capabilities.
(C) Recommendations by the Secretary
Based on the results of the study, the Secretary of Energy
shall make specific recommendations to the Administrator
concerning waiver of the requirements of paragraph (2), in
whole or in part, to prevent any adverse impacts described in
subparagraph (A).
(D) Waiver
(i) In general
Not later than 270 days after August 8, 2005, the
Administrator shall, if and to the extent recommended by the
Secretary of Energy under subparagraph (C), waive, in whole
or in part, the renewable fuel requirement under paragraph
(2) by reducing the national quantity of renewable fuel
required under paragraph (2) in calendar year 2006.
(ii) No effect on waiver authority
Clause (i) does not limit the authority of the
Administrator to waive the requirements of paragraph (2) in
whole, or in part, under paragraph (7).
(9) Small refineries
(A) Temporary exemption
(i) In general
The requirements of paragraph (2) shall not apply to small
refineries until calendar year 2011.
(ii) Extension of exemption
(I) Study by Secretary of Energy
Not later than December 31, 2008, the Secretary of Energy
shall conduct for the Administrator a study to determine
whether compliance with the requirements of paragraph (2)
would impose a disproportionate economic hardship on small
refineries.
(II) Extension of exemption
In the case of a small refinery that the Secretary of
Energy determines under subclause (I) would be subject to a
disproportionate economic hardship if required to comply
with paragraph (2), the Administrator shall extend the
exemption under clause (i) for the small refinery for a
period of not less than 2 additional years.
(B) Petitions based on disproportionate economic hardship
(i) Extension of exemption
A small refinery may at any time petition the Administrator
for an extension of the exemption under subparagraph (A) for
the reason of disproportionate economic hardship.
(ii) Evaluation of petitions
In evaluating a petition under clause (i), the
Administrator, in consultation with the Secretary of Energy,
shall consider the findings of the study under subparagraph
(A)(ii) and other economic factors.
(iii) Deadline for action on petitions
The Administrator shall act on any petition submitted by a
small refinery for a hardship exemption not later than 90
days after the date of receipt of the petition.
(C) Credit program
If a small refinery notifies the Administrator that the small
refinery waives the exemption under subparagraph (A), the
regulations promulgated under paragraph (2)(A) shall provide
for the generation of credits by the small refinery under
paragraph (5) beginning in the calendar year following the date
of notification.
(D) Opt-in for small refineries
A small refinery shall be subject to the requirements of
paragraph (2) if the small refinery notifies the Administrator
that the small refinery waives the exemption under subparagraph
(A).
(10) Ethanol market concentration analysis
(A) Analysis
(i) In general
Not later than 180 days after August 8, 2005, and annually
thereafter, the Federal Trade Commission shall perform a
market concentration analysis of the ethanol production
industry using the Herfindahl-Hirschman Index to determine
whether there is sufficient competition among industry
participants to avoid price-setting and other anticompetitive
behavior.
(ii) Scoring
For the purpose of scoring under clause (i) using the
Herfindahl-Hirschman Index, all marketing arrangements among
industry participants shall be considered.
(B) Report
Not later than December 1, 2005, and annually thereafter, the
Federal Trade Commission shall submit to Congress and the
Administrator a report on the results of the market
concentration analysis performed under subparagraph (A)(i).
(q) (!9) Analyses of motor vehicle fuel changes and emissions model
(1) Anti-backsliding analysis
(A) Draft analysis
Not later than 4 years after August 8, 2005, the
Administrator shall publish for public comment a draft analysis
of the changes in emissions of air pollutants and air quality
due to the use of motor vehicle fuel and fuel additives
resulting from implementation of the amendments made by the
Energy Policy Act of 2005.
(B) Final analysis
After providing a reasonable opportunity for comment but not
later than 5 years after August 8, 2005, the Administrator
shall publish the analysis in final form.
(2) Emissions model
For the purposes of this section, not later than 4 years after
August 8, 2005, the Administrator shall develop and finalize an
emissions model that reflects, to the maximum extent practicable,
the effects of gasoline characteristics or components on
emissions from vehicles in the motor vehicle fleet during
calendar year 2007.
(3) Permeation effects study
(A) In general
Not later than 1 year after August 8, 2005, the Administrator
shall conduct a study, and report to Congress the results of
the study, on the effects of ethanol content in gasoline on
permeation, the process by which fuel molecules migrate through
the elastomeric materials (rubber and plastic parts) that make
up the fuel and fuel vapor systems of a motor vehicle.
(B) Evaporative emissions
The study shall include estimates of the increase in total
evaporative emissions likely to result from the use of gasoline
with ethanol content in a motor vehicle, and the fleet of motor
vehicles, due to permeation.
(r) Fuel and fuel additive importers and importation
For the purposes of this section, the term "manufacturer"
includes an importer and the term "manufacture" includes
importation.
(s) Conversion assistance for cellulosic biomass, waste-derived
ethanol, approved renewable fuels
(1) In general
The Secretary of Energy may provide grants to merchant
producers of cellulosic biomass ethanol, waste-derived ethanol,
and approved renewable fuels in the United States to assist the
producers in building eligible production facilities described in
paragraph (2) for the production of ethanol or approved renewable
fuels.
(2) Eligible production facilities
A production facility shall be eligible to receive a grant
under this subsection if the production facility -
(A) is located in the United States; and
(B) uses cellulosic or renewable biomass or waste-derived
feedstocks derived from agricultural residues, wood residues,
municipal solid waste, or agricultural byproducts.
(3) Authorization of appropriations
There are authorized to be appropriated the following amounts
to carry out this subsection:
(A) $100,000,000 for fiscal year 2006.
(B) $250,000,000 for fiscal year 2007.
(C) $400,000,000 for fiscal year 2008.
(4) Definitions
For the purposes of this subsection:
(A) The term "approved renewable fuels" are fuels and
components of fuels that have been approved by the Department
of Energy, as defined in section 13211 of this title, which
have been made from renewable biomass.
(B) The term "renewable biomass" is, as defined in
Presidential Executive Order 13134, published in the Federal
Register on August 16, 1999, any organic matter that is
available on a renewable or recurring basis (excluding old-
growth timber), including dedicated energy crops and trees,
agricultural food and feed crop residues, aquatic plants,
animal wastes, wood and wood residues, paper and paper
residues, and other vegetative waste materials. Old-growth
timber means timber of a forest from the late successional
stage of forest development.
(t) Blending of compliant reformulated gasolines
(1) In general
Notwithstanding subsections (h) and (k) of this section and
subject to the limitations in paragraph (2) of this subsection,
it shall not be a violation of this part (!10) for a gasoline
retailer, during any month of the year, to blend at a retail
location batches of ethanol-blended and non-ethanol-blended
reformulated gasoline, provided that -
(A) each batch of gasoline to be blended has been
individually certified as in compliance with subsections (h)
and (k) of this section prior to being blended;
(B) the retailer notifies the Administrator prior to such
blending, and identifies the exact location of the retail
station and the specific tank in which such blending will take
place;
(C) the retailer retains and, as requested by the
Administrator or the Administrator's designee, makes available
for inspection such certifications accounting for all gasoline
at the retail outlet; and
(D) the retailer does not, between June 1 and September 15 of
each year, blend a batch of VOC-controlled, or "summer",
gasoline with a batch of non-VOC-controlled, or "winter",
gasoline (as these terms are defined under subsections (h) and
(k) of this section).
(2) Limitations
(A) Frequency limitation
A retailer shall only be permitted to blend batches of
compliant reformulated gasoline under this subsection a maximum
of two blending periods between May 1 and September 15 of each
calendar year.
(B) Duration of blending period
Each blending period authorized under subparagraph (A) shall
extend for a period of no more than 10 consecutive calendar
days.
(3) Surveys
A sample of gasoline taken from a retail location that has
blended gasoline within the past 30 days and is in compliance
with subparagraphs (A), (B), (C), and (D) of paragraph (1) shall
not be used in a VOC survey mandated by 40 CFR Part 80.
(4) State implementation plans
A State shall be held harmless and shall not be required to
revise its State implementation plan under section 7410 of this
title to account for the emissions from blended gasoline
authorized under paragraph (1).
(5) Preservation of State law
Nothing in this subsection shall -
(A) preempt existing State laws or regulations regulating the
blending of compliant gasolines; or
(B) prohibit a State from adopting such restrictions in the
future.
(6) Regulations
The Administrator shall promulgate, after notice and comment,
regulations implementing this subsection within 1 year after
August 8, 2005.
(7) Effective date
This subsection shall become effective 15 months after August
8, 2005, and shall apply to blended batches of reformulated
gasoline on or after that date, regardless of whether the
implementing regulations required by paragraph (6) have been
promulgated by the Administrator by that date.
(8) Liability
No person other than the person responsible for blending under
this subsection shall be subject to an enforcement action or
penalties under subsection (d) of this section solely arising
from the blending of compliant reformulated gasolines by the
retailers.
(9) Formulation of gasoline
This subsection does not grant authority to the Administrator
or any State (or any subdivision thereof) to require
reformulation of gasoline at the refinery to adjust for potential
or actual emissions increases due to the blending authorized by
this subsection.
(u) Standard specifications for biodiesel
(1) Unless the American Society for Testing and Materials has
adopted a standard for diesel fuel containing 20 percent biodiesel
(commonly known as "B20") within 1 year after December 19, 2007,
the Administrator shall initiate a rulemaking to establish a
uniform per gallon fuel standard for such fuel and designate an
identification number so that vehicle manufacturers are able to
design engines to use fuel meeting such standard.
(2) Unless the American Society for Testing and Materials has
adopted a standard for diesel fuel containing 5 percent biodiesel
(commonly known as "B5") within 1 year after December 19, 2007, the
Administrator shall initiate a rulemaking to establish a uniform
per gallon fuel standard for such fuel and designate an
identification so that vehicle manufacturers are able to design
engines to use fuel meeting such standard.
(3) Whenever the Administrator is required to initiate a
rulemaking under paragraph (1) or (2), the Administrator shall
promulgate a final rule within 18 months after December 19, 2007.
(4) Not later than 180 days after December 19, 2007, the
Administrator shall establish an annual inspection and enforcement
program to ensure that diesel fuel containing biodiesel sold or
distributed in interstate commerce meets the standards established
under regulations under this section, including testing and
certification for compliance with applicable standards of the
American Society for Testing and Materials. There are authorized to
be appropriated to carry out the inspection and enforcement program
under this paragraph $3,000,000 for each of fiscal years 2008
through 2010.
(5) For purposes of this subsection, the term "biodiesel" has the
meaning provided by section 13220(f) of this title.
(v) Prevention of air quality deterioration
(1) Study
(A) In general
Not later than 18 months after December 19, 2007, the
Administrator shall complete a study to determine whether the
renewable fuel volumes required by this section will adversely
impact air quality as a result of changes in vehicle and engine
emissions of air pollutants regulated under this chapter.
(B) Considerations
The study shall include consideration of -
(i) different blend levels, types of renewable fuels, and
available vehicle technologies; and
(ii) appropriate national, regional, and local air quality
control measures.
(2) Regulations
Not later than 3 years after December 19, 2007, the
Administrator shall -
(A) promulgate fuel regulations to implement appropriate
measures to mitigate, to the greatest extent achievable,
considering the results of the study under paragraph (1), any
adverse impacts on air quality, as the result of the renewable
volumes required by this section; or
(B) make a determination that no such measures are necessary.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 211, formerly Sec. 210, as
added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 502;
renumbered and amended Pub. L. 91-604, Secs. 8(a), 9(a), Dec. 31,
1970, 84 Stat. 1694, 1698; Pub. L. 92-157, title III, Sec. 302(d),
(e), Nov. 18, 1971, 85 Stat. 464; Pub. L. 95-95, title II, Secs.
222, 223, title IV, Sec. 401(e), Aug. 7, 1977, 91 Stat. 762, 764,
791; Pub. L. 95-190, Sec. 14(a)(73), (74), Nov. 16, 1977, 91 Stat.
1403, 1404; Pub. L. 101-549, title II, Secs. 212-221, 228(d), Nov.
15, 1990, 104 Stat. 2488-2500, 2510; Pub. L. 109-58, title XV,
Secs. 1501(a)-(c), 1504(a)(1), (b), 1505-1507, 1512, 1513, 1541(a),
(b), Aug. 8, 2005, 119 Stat. 1067-1074, 1076, 1077, 1080, 1081,
1088, 1089, 1106, 1107; Pub. L. 110-140, title II, Secs. 201, 202,
203(f), 208, 209, 210(b), 247, 251, Dec. 19, 2007, 121 Stat. 1519,
1521, 1529, 1531, 1532, 1547, 1548.)
-STATAMEND-
AMENDMENT OF SUBSECTION (O)
Pub. L. 110-140, title II, Secs. 201, 202, 203(f), 210, Dec. 19,
2007, 121 Stat. 1519, 1521, 1529, 1532, provided that, effective
Jan. 1, 2009, subsection (o) of this section is amended as follows:
(1) by amending paragraph (1) to read as follows:
"(1) Definitions
"In this section:
"(A) Additional renewable fuel
"The term 'additional renewable fuel' means fuel that is
produced from renewable biomass and that is used to replace or
reduce the quantity of fossil fuel present in home heating oil
or jet fuel.
"(B) Advanced biofuel
"(i) In general
"The term 'advanced biofuel' means renewable fuel, other
than ethanol derived from corn starch, that has lifecycle
greenhouse gas emissions, as determined by the Administrator,
after notice and opportunity for comment, that are at least
50 percent less than baseline lifecycle greenhouse gas
emissions.
"(ii) Inclusions
"The types of fuels eligible for consideration as 'advanced
biofuel' may include any of the following:
"(I) Ethanol derived from cellulose, hemicellulose, or
lignin.
"(II) Ethanol derived from sugar or starch (other than
corn starch).
"(III) Ethanol derived from waste material, including
crop residue, other vegetative waste material, animal
waste, and food waste and yard waste.
"(IV) Biomass-based diesel.
"(V) Biogas (including landfill gas and sewage waste
treatment gas) produced through the conversion of organic
matter from renewable biomass.
"(VI) Butanol or other alcohols produced through the
conversion of organic matter from renewable biomass.
"(VII) Other fuel derived from cellulosic biomass.
"(C) Baseline lifecycle greenhouse gas emissions
"The term 'baseline lifecycle greenhouse gas emissions' means
the average lifecycle greenhouse gas emissions, as determined
by the Administrator, after notice and opportunity for comment,
for gasoline or diesel (whichever is being replaced by the
renewable fuel) sold or distributed as transportation fuel in
2005.
"(D) Biomass-based diesel
"The term 'biomass-based diesel' means renewable fuel that is
biodiesel as defined in section 13220(f) of this title and that
has lifecycle greenhouse gas emissions, as determined by the
Administrator, after notice and opportunity for comment, that
are at least 50 percent less than the baseline lifecycle
greenhouse gas emissions. Notwithstanding the preceding
sentence, renewable fuel derived from co-processing biomass
with a petroleum feedstock shall be advanced biofuel if it
meets the requirements of subparagraph (B), but is not biomass-
based diesel.
"(E) Cellulosic biofuel
"The term 'cellulosic biofuel' means renewable fuel derived
from any cellulose, hemicellulose, or lignin that is derived
from renewable biomass and that has lifecycle greenhouse gas
emissions, as determined by the Administrator, that are at
least 60 percent less than the baseline lifecycle greenhouse
gas emissions.
"(F) Conventional biofuel
"The term 'conventional biofuel' means renewable fuel that is
ethanol derived from corn starch.
"(G) Greenhouse gas
"The term 'greenhouse gas' means carbon dioxide,
hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons,[sic] sulfur hexafluoride. The Administrator
may include any other anthropogenically-emitted gas that is
determined by the Administrator, after notice and comment, to
contribute to global warming.
"(H) Lifecycle greenhouse gas emissions
"The term 'lifecycle greenhouse gas emissions' means the
aggregate quantity of greenhouse gas emissions (including
direct emissions and significant indirect emissions such as
significant emissions from land use changes), as determined by
the Administrator, related to the full fuel lifecycle,
including all stages of fuel and feedstock production and
distribution, from feedstock generation or extraction through
the distribution and delivery and use of the finished fuel to
the ultimate consumer, where the mass values for all greenhouse
gases are adjusted to account for their relative global warming
potential.
"(I) Renewable biomass
"The term 'renewable biomass' means each of the following:
"(i) Planted crops and crop residue harvested from
agricultural land cleared or cultivated at any time prior to
December 19, 2007, that is either actively managed or fallow,
and nonforested.
"(ii) Planted trees and tree residue from actively managed
tree plantations on non-federal land cleared at any time
prior to December 19, 2007, including land belonging to an
Indian tribe or an Indian individual, that is held in trust
by the United States or subject to a restriction against
alienation imposed by the United States.
"(iii) Animal waste material and animal byproducts.
"(iv) Slash and pre-commercial thinnings that are from non-
federal forestlands, including forestlands belonging to an
Indian tribe or an Indian individual, that are held in trust
by the United States or subject to a restriction against
alienation imposed by the United States, but not forests or
forestlands that are ecological communities with a global or
State ranking of critically imperiled, imperiled, or rare
pursuant to a State Natural Heritage Program, old growth
forest, or late successional forest.
"(v) Biomass obtained from the immediate vicinity of
buildings and other areas regularly occupied by people, or of
public infrastructure, at risk from wildfire.
"(vi) Algae.
"(vii) Separated yard waste or food waste, including
recycled cooking and trap grease.
"(J) Renewable fuel
"The term 'renewable fuel' means fuel that is produced from
renewable biomass and that is used to replace or reduce the
quantity of fossil fuel present in a transportation fuel.
"(K) Small refinery
"The term 'small refinery' means a refinery for which the
average aggregate daily crude oil throughput for a calendar
year (as determined by dividing the aggregate throughput for
the calendar year by the number of days in the calendar year)
does not exceed 75,000 barrels.
"(L) Transportation fuel
"The term 'transportation fuel' means fuel for use in motor
vehicles, motor vehicle engines, nonroad vehicles, or nonroad
engines (except for ocean-going vessels).";
(2) in paragraph (2)(A)(i), by inserting at end: "Not later than
1 year after December 19, 2007, the Administrator shall revise the
regulations under this paragraph to ensure that transportation fuel
sold or introduced into commerce in the United States (except in
noncontiguous States or territories), on an annual average basis,
contains at least the applicable volume of renewable fuel, advanced
biofuel, cellulosic biofuel, and biomass-based diesel, determined
in accordance with subparagraph (B) and, in the case of any such
renewable fuel produced from new facilities that commence
construction after December 19, 2007, achieves at least a 20
percent reduction in lifecycle greenhouse gas emissions compared to
baseline lifecycle greenhouse gas emissions.";
(3) in paragraph (2), by amending subparagraph (B) to read as
follows:
"(B) Applicable volumes
"(i) Calendar years after 2005
"(I) Renewable fuel
"For the purpose of subparagraph (A), the applicable
volume of renewable fuel for the calendar years 2006
through 2022 shall be determined in accordance with the
following table:
Applicable
volume of
renewable
fuel
"Calendar year: (in billions of
gallons):
2006 4.0
2007 4.7
2008 9.0
2009 11.1
2010 12.95
2011 13.95
2012 15.2
2013 16.55
2014 18.15
2015 20.5
2016 22.25
2017 24.0
2018 26.0
2019 28.0
2020 30.0
2021 33.0
2022 36.0
"(II) Advanced biofuel
"For the purpose of subparagraph (A), of the volume of
renewable fuel required under subclause (I), the applicable
volume of advanced biofuel for the calendar years 2009
through 2022 shall be determined in accordance with the
following table:
Applicable
volume of
advanced
biofuel
"Calendar year: (in billions of
gallons):
2009 0.6
2010 0.95
2011 1.35
2012 2.0
2013 2.75
2014 3.75
2015 5.5
2016 7.25
2017 9.0
2018 11.0
2019 13.0
2020 15.0
2021 18.0
2022 21.0
"(III) Cellulosic biofuel
"For the purpose of subparagraph (A), of the volume of
advanced biofuel required under subclause (II), the
applicable volume of cellulosic biofuel for the calendar
years 2010 through 2022 shall be determined in accordance
with the following table:
Applicable
volume of
cellulosic
biofuel
"Calendar year: (in billions of
gallons):
2010 0.1
2011 0.25
2012 0.5
2013 1.0
2014 1.75
2015 3.0
2016 4.25
2017 5.5
2018 7.0
2019 8.5
2020 10.5
2021 13.5
2022 16.0
"(IV) Biomass-based diesel
"For the purpose of subparagraph (A), of the volume of
advanced biofuel required under subclause (II), the
applicable volume of biomass-based diesel for the calendar
years 2009 through 2012 shall be determined in accordance
with the following table:
Applicable
volume of
biomass-
based diesel
"Calendar year: (in billions of
gallons):
2009 0.5
2010 0.65
2011 0.80
2012 1.0
"(ii) Other calendar years
"For the purposes of subparagraph (A), the applicable
volumes of each fuel specified in the tables in clause (i)
for calendar years after the calendar years specified in the
tables shall be determined by the Administrator, in
coordination with the Secretary of Energy and the Secretary
of Agriculture, based on a review of the implementation of
the program during calendar years specified in the tables,
and an analysis of -
"(I) the impact of the production and use of renewable
fuels on the environment, including on air quality, climate
change, conversion of wetlands, ecosystems, wildlife
habitat, water quality, and water supply;
"(II) the impact of renewable fuels on the energy
security of the United States;
"(III) the expected annual rate of future commercial
production of renewable fuels, including advanced biofuels
in each category (cellulosic biofuel and biomass-based
diesel);
"(IV) the impact of renewable fuels on the infrastructure
of the United States, including deliverability of
materials, goods, and products other than renewable fuel,
and the sufficiency of infrastructure to deliver and use
renewable fuel;
"(V) the impact of the use of renewable fuels on the cost
to consumers of transportation fuel and on the cost to
transport goods; and
"(VI) the impact of the use of renewable fuels on other
factors, including job creation, the price and supply of
agricultural commodities, rural economic development, and
food prices.
The Administrator shall promulgate rules establishing the
applicable volumes under this clause no later than 14 months
before the first year for which such applicable volume will
apply.
"(iii) Applicable volume of advanced biofuel
"For the purpose of making the determinations in clause
(ii), for each calendar year, the applicable volume of
advanced biofuel shall be at least the same percentage of the
applicable volume of renewable fuel as in calendar year 2022.
"(iv) Applicable volume of cellulosic biofuel
"For the purpose of making the determinations in clause
(ii), for each calendar year, the applicable volume of
cellulosic biofuel established by the Administrator shall be
based on the assumption that the Administrator will not need
to issue a waiver for such years under paragraph (7)(D).
"(v) Minimum applicable volume of biomass-based diesel
"For the purpose of making the determinations in clause
(ii), the applicable volume of biomass-based diesel shall not
be less than the applicable volume listed in clause (i)(IV)
for calendar year 2012.";
(4) in paragraph (3)(A), by substituting "2021" for "2011" and
"transportation fuel, biomass-based diesel, and cellulosic biofuel"
for "gasoline";
(5) in paragraph (3)(B), by substituting "2021" for "2012" in
clause (i) and "transportation fuel" for "gasoline" in clause
(ii)(II);
(6) by amending paragraph (4) to read as follows:
"(4) Modification of greenhouse gas reduction percentages
"(A) In general
"The Administrator may, in the regulations under the last
sentence of paragraph (2)(A)(i), adjust the 20 percent, 50
percent, and 60 percent reductions in lifecycle greenhouse gas
emissions specified in paragraphs (2)(A)(i) (relating to
renewable fuel), (1)(D) (relating to biomass-based diesel),
(1)(B)(i) (relating to advanced biofuel), and (1)(E) (relating
to cellulosic biofuel) to a lower percentage. For the 50 and 60
percent reductions, the Administrator may make such an
adjustment only if he determines that generally such reduction
is not commercially feasible for fuels made using a variety of
feedstocks, technologies, and processes to meet the applicable
reduction.
"(B) Amount of adjustment
"In promulgating regulations under this paragraph, the
specified 50 percent reduction in greenhouse gas emissions from
advanced biofuel and in biomass-based diesel may not be reduced
below 40 percent. The specified 20 percent reduction in
greenhouse gas emissions from renewable fuel may not be reduced
below 10 percent, and the specified 60 percent reduction in
greenhouse gas emissions from cellulosic biofuel may not be
reduced below 50 percent.
"(C) Adjusted reduction levels
"An adjustment under this paragraph to a percent less than
the specified 20 percent greenhouse gas reduction for renewable
fuel shall be the minimum possible adjustment, and the adjusted
greenhouse gas reduction shall be established by the
Administrator at the maximum achievable level, taking cost in
consideration, for natural gas fired corn-based ethanol plants,
allowing for the use of a variety of technologies and
processes. An adjustment in the 50 or 60 percent greenhouse gas
levels shall be the minimum possible adjustment for the fuel or
fuels concerned, and the adjusted greenhouse gas reduction
shall be established at the maximum achievable level, taking
cost in consideration, allowing for the use of a variety of
feedstocks, technologies, and processes.
"(D) 5-year review
"Whenever the Administrator makes any adjustment under this
paragraph, not later than 5 years thereafter he shall review
and revise (based upon the same criteria and standards as
required for the initial adjustment) the regulations
establishing the adjusted level.
"(E) Subsequent adjustments
"After the Administrator has promulgated a final rule under
the last sentence of paragraph (2)(A)(i) with respect to the
method of determining lifecycle greenhouse gas emissions,
except as provided in subparagraph (D), the Administrator may
not adjust the percent greenhouse gas reduction levels unless
he determines that there has been a significant change in the
analytical methodology used for determining the lifecycle
greenhouse gas emissions. If he makes such determination, he
may adjust the 20, 50, or 60 percent reduction levels through
rulemaking using the criteria and standards set forth in this
paragraph.
"(F) Limit on upward adjustments
"If, under subparagraph (D) or (E), the Administrator revises
a percent level adjusted as provided in subparagraphs (A), (B),
and (C) to a higher percent, such higher percent may not exceed
the applicable percent specified in paragraph (2)(A)(i),
(1)(D), (1)(B)(i), or (1)(E).
"(G) Applicability of adjustments
"If the Administrator adjusts, or revises, a percent level
referred to in this paragraph or makes a change in the
analytical methodology used for determining the lifecycle
greenhouse gas emissions, such adjustment, revision, or change
(or any combination thereof) shall only apply to renewable fuel
from new facilities that commence construction after the
effective date of such adjustment, revision, or change.";
(7) in paragraph (5), by adding subparagraph (E) at end to read
as follows:
"(E) Credits for additional renewable fuel
"The Administrator may issue regulations providing: (i) for
the generation of an appropriate amount of credits by any
person that refines, blends, or imports additional renewable
fuels specified by the Administrator; and (ii) for the use of
such credits by the generator, or the transfer of all or a
portion of the credits to another person, for the purpose of
complying with paragraph (2).";
(8) in paragraph (7), in subparagraph (A), by inserting ", by any
person subject to the requirements of this subsection, or by the
Administrator on his own motion" after "one or more States", and in
subparagraph (B), by striking out "State";
(9) in paragraph (7), by adding subparagraphs (D) to (F) at end
to read as follows:
"(D) Cellulosic biofuel
"(i) For any calendar year for which the projected volume of
cellulosic biofuel production is less than the minimum
applicable volume established under paragraph (2)(B), as
determined by the Administrator based on the estimate provided
under paragraph (3)(A), not later than November 30 of the
preceding calendar year, the Administrator shall reduce the
applicable volume of cellulosic biofuel required under
paragraph (2)(B) to the projected volume available during that
calendar year. For any calendar year in which the Administrator
makes such a reduction, the Administrator may also reduce the
applicable volume of renewable fuel and advanced biofuels
requirement established under paragraph (2)(B) by the same or a
lesser volume.
"(ii) Whenever the Administrator reduces the minimum
cellulosic biofuel volume under this subparagraph, the
Administrator shall make available for sale cellulosic biofuel
credits at the higher of $0.25 per gallon or the amount by
which $3.00 per gallon exceeds the average wholesale price of a
gallon of gasoline in the United States. Such amounts shall be
adjusted for inflation by the Administrator for years after
2008.
"(iii) Eighteen months after December 19, 2007, the
Administrator shall promulgate regulations to govern the
issuance of credits under this subparagraph. The regulations
shall set forth the method for determining the exact price of
credits in the event of a waiver. The price of such credits
shall not be changed more frequently than once each quarter.
These regulations shall include such provisions, including
limiting the credits' uses and useful life, as the
Administrator deems appropriate to assist market liquidity and
transparency, to provide appropriate certainty for regulated
entities and renewable fuel producers, and to limit any
potential misuse of cellulosic biofuel credits to reduce the
use of other renewable fuels, and for such other purposes as
the Administrator determines will help achieve the goals of
this subsection. The regulations shall limit the number of
cellulosic biofuel credits for any calendar year to the minimum
applicable volume (as reduced under this subparagraph) of
cellulosic biofuel for that year.
"(E) Biomass-based diesel
"(i) Market evaluation
"The Administrator, in consultation with the Secretary of
Energy and the Secretary of Agriculture, shall periodically
evaluate the impact of the biomass-based diesel requirements
established under this paragraph on the price of diesel fuel.
"(ii) Waiver
"If the Administrator determines that there is a
significant renewable feedstock disruption or other market
circumstances that would make the price of biomass-based
diesel fuel increase significantly, the Administrator, in
consultation with the Secretary of Energy and the Secretary
of Agriculture, shall issue an order to reduce, for up to a
60-day period, the quantity of biomass-based diesel required
under subparagraph (A) by an appropriate quantity that does
not exceed 15 percent of the applicable annual requirement
for biomass-based diesel. For any calendar year in which the
Administrator makes a reduction under this subparagraph, the
Administrator may also reduce the applicable volume of
renewable fuel and advanced biofuels requirement established
under paragraph (2)(B) by the same or a lesser volume.
"(iii) Extensions
"If the Administrator determines that the feedstock
disruption or circumstances described in clause (ii) is
continuing beyond the 60-day period described in clause (ii)
or this clause, the Administrator, in consultation with the
Secretary of Energy and the Secretary of Agriculture, may
issue an order to reduce, for up to an additional 60-day
period, the quantity of biomass-based diesel required under
subparagraph (A) by an appropriate quantity that does not
exceed an additional 15 percent of the applicable annual
requirement for biomass-based diesel.
"(F) Modification of applicable volumes
"For any of the tables in paragraph (2)(B), if the
Administrator waives -
"(i) at least 20 percent of the applicable volume
requirement set forth in any such table for 2 consecutive
years; or
"(ii) at least 50 percent of such volume requirement for a
single year,
the Administrator shall promulgate a rule (within 1 year after
issuing such waiver) that modifies the applicable volumes set
forth in the table concerned for all years following the final
year to which the waiver applies, except that no such
modification in applicable volumes shall be made for any year
before 2016. In promulgating such a rule, the Administrator
shall comply with the processes, criteria, and standards set
forth in paragraph (2)(B)(ii).";
(10) by adding paragraphs (11) and (12) at end to read as
follows:
"(11) Periodic reviews
"To allow for the appropriate adjustment of the requirements
described in subparagraph (B) of paragraph (2), the Administrator
shall conduct periodic reviews of -
"(A) existing technologies;
"(B) the feasibility of achieving compliance with the
requirements; and
"(C) the impacts of the requirements described in subsection
(a)(2) on each individual and entity described in paragraph
(2).
"(12) Effect on other provisions
"Nothing in this subsection, or regulations issued pursuant to
this subsection, shall affect or be construed to affect the
regulatory status of carbon dioxide or any other greenhouse gas,
or to expand or limit regulatory authority regarding carbon
dioxide or any other greenhouse gas, for purposes of other
provisions (including section 7475) of this chapter. The previous
sentence shall not affect implementation and enforcement of this
subsection."
-REFTEXT-
REFERENCES IN TEXT
August 8, 2005, referred to in subsec. (c)(4)(C)(v)(II), was in
the original "enactment", which was translated as meaning the date
of enactment of Pub. L. 109-58, which enacted subsec. (c)(4)(C)(v),
to reflect the probable intent of Congress.
Section 7521(l) of this title, referred to in subsec.
(k)(1)(B)(vi), was in the original "section 202(1) of the Clean Air
Act", which was translated as meaning section 202(l) of the Clean
Air Act, to reflect the probable intent of Congress.
The Energy Policy Act of 2005, referred to in subsec. (q)(1)(A),
is Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 594. For complete
classification of this Act to the Code, see Short Title note set
out under section 15801 of this title and Tables.
Executive Order 13134, referred to in subsec. (s)(4)(B), which
was set out as a note under section 8601 of Title 7, Agriculture,
was revoked by Ex. Ord. No. 13423, Sec. 11(a)(iii), Jan. 24, 2007,
72 F.R. 3923.
This part, referred to in subsec. (t)(1), was in the original
"this subtitle" which was translated as "this part", meaning part A
of title II of act July 14, 1955, as the probable intent of
Congress, because title II of act July 14, 1955, does not contain
subtitles.
-COD-
CODIFICATION
Section was formerly classified to section 1857f-6c of this
title.
-MISC1-
PRIOR PROVISIONS
A prior section 211 of act July 14, 1955, as added Nov. 21, 1967,
Pub. L. 90-148, Sec. 2, 81 Stat. 503, provided for a national
emissions standards study and was classified to section 1857f-6d of
this title, prior to repeal by section 8(a) of Pub. L. 91-604.
AMENDMENTS
2007 - Subsec. (c)(1). Pub. L. 110-140, Sec. 208, substituted
"nonroad vehicle if, in the judgment of the Administrator, any fuel
or fuel additive or" for "nonroad vehicle (A) if in the judgment of
the Administrator" and "air pollution or water pollution (including
any degradation in the quality of groundwater) that" for "air
pollution which".
Subsec. (f)(4). Pub. L. 110-140, Sec. 251, amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "The
Administrator, upon application of any manufacturer of any fuel or
fuel additive, may waive the prohibitions established under
paragraph (1) or (3) of this subsection or the limitation specified
in paragraph (2) of this subsection, if he determines that the
applicant has established that such fuel or fuel additive or a
specified concentration thereof, and the emission products of such
fuel or additive or specified concentration thereof, will not cause
or contribute to a failure of any emission control device or system
(over the useful life of any vehicle in which such device or system
is used) to achieve compliance by the vehicle with the emission
standards with respect to which it has been certified pursuant to
section 7525 of this title. If the Administrator has not acted to
grant or deny an application under this paragraph within one
hundred and eighty days of receipt of such application, the waiver
authorized by this paragraph shall be treated as granted."
Subsecs. (r), (s). Pub. L. 110-140, Sec. 247, redesignated
subsecs. (r), relating to conversion assistance for cellulosic
biomass, waste-derived ethanol, approved renewable fuels, and (s)
as (s) and (t), respectively.
Subsec. (u). Pub. L. 110-140, Sec. 247, which directed amendment
of this section by adding subsec. (u) at the end, was executed by
adding subsec. (u) after subsec. (t) to reflect the probable intent
of Congress.
Subsec. (v). Pub. L. 110-140, Sec. 209, added subsec. (v).
2005 - Subsec. (b)(2). Pub. L. 109-58, Sec. 1505(1)(A),
substituted "shall, on a regular basis," for "may also" in
introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109-58, Sec. 1505(1)(B), added subpar.
(A) and struck out former subpar. (A) which read as follows: "to
conduct tests to determine potential public health effects of such
fuel or additive (including, but not limited to, carcinogenic,
teratogenic, or mutagenic effects), and".
Subsec. (b)(4). Pub. L. 109-58, Sec. 1505(2), added par. (4).
Subsec. (c)(4)(C). Pub. L. 109-58, Sec. 1541(a), designated
existing provisions as cl. (i) and added cls. (ii) to (iv) and (v)
relating to waiver authority.
Subsec. (c)(4)(C)(v). Pub. L. 109-58, Sec. 1541(b), added cl. (v)
relating to approval of fuels.
Subsec. (d)(1). Pub. L. 109-58, Sec. 1501(b)(1), substituted
"(n), or (o)" for "or (n)" in two places in first sentence and
"(m), or (o)" for "or (m)" in second sentence.
Subsec. (d)(2). Pub. L. 109-58, Sec. 1501(b)(2), substituted
"(n), and (o)" for "and (n)" in two places in first sentence.
Subsec. (h)(5), (6). Pub. L. 109-58, Sec. 1501(c), added par. (5)
and redesignated former par. (5) as (6).
Subsec. (k)(1). Pub. L. 109-58, Sec. 1504(b), designated existing
provisions as subpar. (A), inserted heading, substituted "Not later
than November 15, 1991," for "Within 1 year after November 15,
1990,", and added subpar. (B).
Subsec. (k)(2)(A). Pub. L. 109-58, Sec. 1504(a)(1)(A)(i), struck
out "(including the oxygen content requirement contained in
subparagraph (B))" after "requirements of this paragraph".
Subsec. (k)(2)(B) to (D). Pub. L. 109-58, Sec. 1504(a)(1)(A)(ii),
(iii), redesignated subpars. (C) and (D) as (B) and (C),
respectively, and struck out heading and text of former subpar.
(B). Text read as follows: "The oxygen content of the gasoline
shall equal or exceed 2.0 percent by weight (subject to a testing
tolerance established by the Administrator) except as otherwise
required by this chapter. The Administrator may waive, in whole or
in part, the application of this subparagraph for any ozone
nonattainment area upon a determination by the Administrator that
compliance with such requirement would prevent or interfere with
the attainment by the area of a national primary ambient air
quality standard."
Subsec. (k)(3)(A)(v). Pub. L. 109-58, Sec. 1504(a)(1)(B), struck
out heading and text of cl. (v). Text read as follows: "The oxygen
content of the reformulated gasoline shall equal or exceed 2.0
percent by weight (subject to a testing tolerance established by
the Administrator) except as otherwise required by this chapter."
Subsec. (k)(6). Pub. L. 109-58, Sec. 1507, redesignated subpars.
(A) and (B) as cls. (i) and (ii), respectively, of subpar. (A),
inserted subpar. and cl. headings, in cl. (ii) substituted "clause
(i)" for "subparagraph (A)" and "this subparagraph" for "this
paragraph", and added subpar. (B).
Subsec. (k)(7)(A). Pub. L. 109-58, Sec. 1504(a)(1)(C)(i),
redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and
struck out former cl. (i) which read as follows: "has an oxygen
content (by weight) that exceeds the minimum oxygen content
specified in paragraph (2);".
Subsec. (k)(7)(C)(ii), (iii). Pub. L. 109-58, Sec.
1504(a)(1)(C)(ii), redesignated cl. (iii) as (ii) and struck out
former cl. (ii) which read as follows: "An average gasoline oxygen
content (by weight) for the nonattainment area (taking into account
all gasoline sold for use in conventional gasoline-fueled vehicles
in the nonattainment area) lower than the average gasoline oxygen
content (by weight) that would occur in the absence of using any
such credits."
Subsec. (o). Pub. L. 109-58, Sec. 1501(a)(2), added subsec. (o).
Former subsec. (o) redesignated (r) relating to fuel and fuel
additive importers and importation.
Subsec. (q). Pub. L. 109-58, Sec. 1506, which directed amendment
of this section by adding subsec. (q) after subsec. (p), was
executed by making the addition after subsec. (o) to reflect the
probable intent of Congress.
Subsec. (r). Pub. L. 109-58, Sec. 1512, added subsec. (r)
relating to conversion assistance for cellulosic biomass, waste-
derived ethanol, approved renewable fuels.
Pub. L. 109-58, Sec. 1501(a)(1), redesignated subsec. (o) as (r)
relating to fuel and fuel additive importers and importation.
Subsec. (s). Pub. L. 109-58, Sec. 1513, added subsec. (s).
1990 - Subsec. (a). Pub. L. 101-549, Sec. 212, inserted
"(including any fuel or fuel additive used exclusively in nonroad
engines or nonroad vehicles)" after "fuel or fuel additive".
Subsecs. (b)(2)(B), (c)(1). Pub. L. 101-549, Sec. 212(b), (c),
inserted reference to nonroad engine or nonroad vehicle.
Subsec. (c)(4)(A). Pub. L. 101-549, Sec. 213(a), substituted "any
characteristic or component of a" for "use of a", inserted "of the
characteristic or component of a fuel or fuel additive" after
"control or prohibition" in cl. (i), and inserted "characteristic
or component of a" after "such" in cl. (ii).
Subsec. (c)(4)(C). Pub. L. 101-549, Sec. 213(b), inserted last
two sentences, authorizing Administrator to make a finding that
State control or prohibition is necessary to achieve the standard.
Subsec. (d). Pub. L. 101-549, Sec. 228(d), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Any
person who violates subsection (a) or (f) of this section or the
regulations prescribed under subsection (c) of this section or who
fails to furnish any information required by the Administrator
under subsection (b) of this section shall forfeit and pay to the
United States a civil penalty of $10,000 for each and every day of
the continuance of such violation, which shall accrue to the United
States and be recovered in a civil suit in the name of the United
States, brought in the district where such person has his principal
office or in any district in which he does business. The
Administrator may, upon application therefor, remit or mitigate any
forfeiture provided for in this subsection and he shall have
authority to determine the facts upon all such applications."
Subsec. (f)(1). Pub. L. 101-549, Sec. 214(a), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (f)(3). Pub. L. 101-549, Sec. 214(b), substituted
reference to paragraph (1)(A) for reference to paragraph (1).
Subsec. (g). Pub. L. 101-549, Sec. 215, amended subsec. (g)
generally, substituting present provisions for provisions which
defined "gasoline", "refinery", and "small refinery" and which
limited Administrator's authority to require small refineries to
reduce average lead content per gallon of gasoline.
Subsec. (h). Pub. L. 101-549, Sec. 216, added subsec. (h).
Subsec. (i). Pub. L. 101-549, Sec. 217, added subsec. (i).
Subsec. (j). Pub. L. 101-549, Sec. 218(a), added subsec. (j).
Subsecs. (k) to (m). Pub. L. 101-549, Sec. 219, added subsecs.
(k) to (m).
Subsec. (n). Pub. L. 101-549, Sec. 220, added subsec. (n).
Subsec. (o). Pub. L. 101-549, Sec. 221, added subsec. (o).
1977 - Subsec. (c)(1)(A). Pub. L. 95-95, Sec. 401(e), substituted
"if in the judgment of the Administrator any emission product of
such fuel or fuel additive causes, or contributes, to air pollution
which may reasonably be anticipated to endanger" for "if any
emission products of such fuel or fuel additive will endanger".
Subsec. (d). Pub. L. 95-95, Sec. 222(b), inserted "or (f)" after
"Any person who violates subsection (a)".
Subsecs. (e), (f). Pub. L. 95-95, Sec. 222(a), added subsecs. (e)
and (f).
Subsec. (f)(2). Pub. L. 95-190, Sec. 14(a)(73), inserted
provision relating to waiver under par. (4) of this subsec., and
struck out "first" before "introduce".
Subsec. (f)(4). Pub. L. 95-190, Sec. 14(a)(74), inserted
provision relating to applicability of limitation specified under
par. (2) of this subsection.
Subsec. (g). Pub. L. 95-95, Sec. 223, added subsec. (g).
1971 - Subsec. (c)(3)(A). Pub. L. 92-157, Sec. 302(d),
substituted "purpose of obtaining" for "purpose of".
Subsec. (d). Pub. L. 92-157, Sec. 302(e), substituted "subsection
(b)" for "subsection (c)" where appearing the second time.
1970 - Subsec. (a). Pub. L. 91-604, Sec. 9(a), substituted
"Administrator" for "Secretary" as the registering authority,
inserted references to fuel additives, and substituted the selling,
offering for sale, and introduction into commerce of fuel or fuel
additives, for the delivery for introduction into interstate
commerce or delivery to another person who can reasonably be
expected to deliver fuel into interstate commerce.
Subsec. (b). Pub. L. 91-604, Sec. 9(a), designated existing
provisions as pars. (1) and (3), added par. (2), and substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (c). Pub. L. 91-604, Sec. 9(a), substituted provisions
covering the control or prohibition of offending fuels and fuel
additives, for provisions covering trade secrets and substituted
"Administrator" for "Secretary" wherever appearing.
Subsec. (d). Pub. L. 91-604, Sec. 9(a), inserted references to
failure to obey regulations prescribed under subsec. (c) and
failure to furnish information required by the Administrator under
subsec. (c), increased the daily civil penalty from $1,000 to
$10,000 and substituted "Administrator" for "Secretary".
Subsec. (e). Pub. L. 91-604, Sec. 9(a), struck out subsec. (e)
which directed the various United States Attorneys to prosecute for
the recovery of forfeitures.
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110-140, title II, Sec. 210(c), Dec. 19, 2007, 121 Stat.
1532, provided that: "The amendments made by this title to section
211(o) of the Clean Air Act [42 U.S.C. 7545(o)] shall take effect
January 1, 2009, except that the Administrator [of the
Environmental Protection Agency] shall promulgate regulations to
carry out such amendments not later than 1 year after the enactment
of this Act [Dec. 19, 2007]."
Amendment by Pub. L. 110-140 effective on the date that is 1 day
after Dec. 19, 2007, see section 1601 of Pub. L. 110-140, set out
as an Effective Date note under section 1824 of Title 2, The
Congress.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-58, title XV, Sec. 1504(a)(2), Aug. 8, 2005, 119
Stat. 1077, provided that: "The amendments made by paragraph (1)
[amending this section] apply -
"(A) in the case of a State that has received a waiver under
section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)),
beginning on the date of enactment of this Act [Aug. 8, 2005];
and
"(B) in the case of any other State, beginning 270 days after
the date of enactment of this Act [Aug. 8, 2005]."
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.
SAVINGS
Pub. L. 109-58, title XV, Sec. 1504(d), Aug. 8, 2005, 119 Stat.
1079, provided that:
"(1) In general. - Nothing in this section [amending this section
and enacting provisions set out as notes under this section] or any
amendment made by this section affects or prejudices any legal
claim or action with respect to regulations promulgated by the
Administrator [of the Environmental Protection Agency] before the
date of enactment of this Act [Aug. 8, 2005] regarding -
"(A) emissions of toxic air pollutants from motor vehicles; or
"(B) the adjustment of standards applicable to a specific
refinery or importer made under those regulations.
"(2) Adjustment of standards. -
"(A) Applicability. - The Administrator may apply any
adjustments to the standards applicable to a refinery or importer
under subparagraph (B)(iii)(I) of section 211(k)(1) of the Clean
Air Act [42 U.S.C. 7545(k)(1)(B)(iii)(I)] (as added by subsection
(b)(2)), except that -
"(i) the Administrator shall revise the adjustments to be
based only on calendar years 1999 and 2000;
"(ii) any such adjustment shall not be made at a level below
the average percentage of reductions of emissions of toxic air
pollutants for reformulated gasoline supplied to PADD I during
calendar years 1999 and 2000; and
"(iii) in the case of an adjustment based on toxic air
pollutant emissions from reformulated gasoline significantly
below the national annual average emissions of toxic air
pollutants from all reformulated gasoline -
"(I) the Administrator may revise the adjustment to take
account of the scope of the prohibition on methyl tertiary
butyl ether imposed by a State; and
"(II) any such adjustment shall require the refiner or
importer, to the maximum extent practicable, to maintain the
reduction achieved during calendar years 1999 and 2000 in the
average annual aggregate emissions of toxic air pollutants
from reformulated gasoline produced or distributed by the
refiner or importer."
ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS
Pub. L. 110-140, title II, Sec. 204, Dec. 19, 2007, 121 Stat.
1529, provided that:
"(a) In General. - Not later than 3 years after the enactment of
this section [Dec. 19, 2007] and every 3 years thereafter, the
Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Agriculture and the Secretary of
Energy, shall assess and report to Congress on the impacts to date
and likely future impacts of the requirements of section 211(o) of
the Clean Air Act [42 U.S.C. 7545(o)] on the following:
"(1) Environmental issues, including air quality, effects on
hypoxia, pesticides, sediment, nutrient and pathogen levels in
waters, acreage and function of waters, and soil environmental
quality.
"(2) Resource conservation issues, including soil conservation,
water availability, and ecosystem health and biodiversity,
including impacts on forests, grasslands, and wetlands.
"(3) The growth and use of cultivated invasive or noxious
plants and their impacts on the environment and agriculture.
In advance of preparing the report required by this subsection, the
Administrator may seek the views of the National Academy of
Sciences or another appropriate independent research institute. The
report shall include the annual volume of imported renewable fuels
and feedstocks for renewable fuels, and the environmental impacts
outside the United States of producing such fuels and feedstocks.
The report required by this subsection shall include
recommendations for actions to address any adverse impacts found.
"(b) Effect on Air Quality and Other Environmental Requirements. -
Except as provided in section 211(o)(12) of the Clean Air Act [42
U.S.C. 7545(o)(12)], nothing in the amendments made by this title
to section 211(o) of the Clean Air Act shall be construed as
superseding, or limiting, any more environmentally protective
requirement under the Clean Air Act [42 U.S.C. 7401 et seq.], or
under any other provision of State or Federal law or regulation,
including any environmental law or regulation."
TRANSITION RULES
Pub. L. 110-140, title II, Sec. 210(a), Dec. 19, 2007, 121 Stat.
1532, provided that:
"(1) For calendar year 2008, transportation fuel sold or
introduced into commerce in the United States (except in
noncontiguous States or territories), that is produced from
facilities that commence construction after the date of enactment
of this Act [Dec. 19, 2007] shall be treated as renewable fuel
within the meaning of section 211(o) of the Clean Air Act [42
U.S.C. 7545(o)] only if it achieves at least a 20 percent reduction
in lifecycle greenhouse gas emissions compared to baseline
lifecycle greenhouse gas emissions. For calendar years 2008 and
2009, any ethanol plant that is fired with natural gas, biomass, or
any combination thereof is deemed to be in compliance with such 20
percent reduction requirement and with the 20 percent reduction
requirement of section 211(o)(1) of the Clean Air Act. The terms
used in this subsection shall have the same meaning as provided in
the amendment made by this Act to section 211(o) of the Clean Air
Act.
"(2) Until January 1, 2009, the Administrator of the
Environmental Protection Agency shall implement section 211(o) of
the Clean Air Act and the rules promulgated under that section in
accordance with the provisions of that section as in effect before
the enactment of this Act and in accordance with the rules
promulgated before the enactment of this Act, except that for
calendar year 2008, the number '9.0' shall be substituted for the
number '5.4' in the table in section 211(o)(2)(B) and in the
corresponding rules promulgated to carry out those provisions. The
Administrator is authorized to take such other actions as may be
necessary to carry out this paragraph notwithstanding any other
provision of law."
SURVEY OF RENEWABLE FUEL MARKET
Pub. L. 109-58, title XV, Sec. 1501(d), Aug. 8, 2005, 119 Stat.
1075, provided that:
"(1) Survey and report. - Not later than December 1, 2006, and
annually thereafter, the Administrator of the Environmental
Protection Agency (in consultation with the Secretary [of Energy]
acting through the Administrator of the Energy Information
Administration) shall -
"(A) conduct, with respect to each conventional gasoline use
area and each reformulated gasoline use area in each State, a
survey to determine the market shares of -
"(i) conventional gasoline containing ethanol;
"(ii) reformulated gasoline containing ethanol;
"(iii) conventional gasoline containing renewable fuel; and
"(iv) reformulated gasoline containing renewable fuel; and
"(B) submit to Congress, and make publicly available, a report
on the results of the survey under subparagraph (A).
"(2) Recordkeeping and reporting requirements. - The
Administrator of the Environmental Protection Agency (hereinafter
in this subsection referred to as the 'Administrator') may require
any refiner, blender, or importer to keep such records and make
such reports as are necessary to ensure that the survey conducted
under paragraph (1) is accurate. The Administrator, to avoid
duplicative requirements, shall rely, to the extent practicable, on
existing reporting and recordkeeping requirements and other
information available to the Administrator including gasoline
distribution patterns that include multistate use areas.
"(3) Applicable law. - Activities carried out under this
subsection shall be conducted in a manner designed to protect
confidentiality of individual responses."
FINDINGS
Pub. L. 109-58, title XV, Sec. 1502, Aug. 8, 2005, 119 Stat.
1076, provided that: "Congress finds that -
"(1) since 1979, methyl tertiary butyl ether (hereinafter in
this section referred to as 'MTBE') has been used nationwide at
low levels in gasoline to replace lead as an octane booster or
anti-knocking agent;
"(2) Public Law 101-549 (commonly known as the 'Clean Air Act
Amendments of 1990') (42 U.S.C. 7401 et seq.) [see Tables for
classification] established a fuel oxygenate standard under which
reformulated gasoline must contain at least 2 percent oxygen by
weight; and
"(3) the fuel industry responded to the fuel oxygenate standard
established by Public Law 101-549 by making substantial
investments in -
"(A) MTBE production capacity; and
"(B) systems to deliver MTBE-containing gasoline to the
marketplace."
CLAIMS FILED AFTER AUGUST 8, 2005
Pub. L. 109-58, title XV, Sec. 1503, Aug. 8, 2005, 119 Stat.
1076, provided that: "Claims and legal actions filed after the date
of enactment of this Act [Aug. 8, 2005] related to allegations
involving actual or threatened contamination of methyl tertiary
butyl ether (MTBE) may be removed to the appropriate United States
district court."
FINDINGS AND SENSE OF CONGRESS ON ETHANOL USAGE
Pub. L. 100-203, title I, Sec. 1508, Dec. 22, 1987, 101 Stat.
1330-29, provided that:
"(a) Findings. - Congress finds that -
"(1) the United States is dependent for a large and growing
share of its energy needs on the Middle East at a time when world
petroleum reserves are declining;
"(2) the burning of gasoline causes pollution;
"(3) ethanol can be blended with gasoline to produce a cleaner
source of fuel;
"(4) ethanol can be produced from grain, a renewable resource
that is in considerable surplus in the United States;
"(5) the conversion of grain into ethanol would reduce farm
program costs and grain surpluses; and
"(6) increasing the quantity of motor fuels that contain at
least 10 percent ethanol from current levels to 50 percent by
1992 would create thousands of new jobs in ethanol production
facilities.
"(b) Sense of Congress. - It is the sense of Congress that the
Administrator of the Environmental Protection Agency should use
authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.)
to require greater use of ethanol as motor fuel."
AGRICULTURAL MACHINERY: STUDY OF UNLEADED FUEL
Pub. L. 99-198, title XVII, Sec. 1765, Dec. 23, 1985, 99 Stat.
1653, directed Administrator of EPA and Secretary of Agriculture
jointly to conduct a study of use of fuel containing lead
additives, and alternative lubricating additives, in gasoline
engines that are used in agricultural machinery, and designed to
combust fuel containing such additives, study to analyze potential
for mechanical problems (including but not limited to valve
recession) that may be associated with use of other fuels in such
engines, and not later than Jan. 1, 1987, Administrator and
Secretary to publish results of the study, with Administrator to
publish in Federal Register notice of publication of such study and
a summary thereof; directed Administrator, after notice and
opportunity for hearing, but not later than 6 months after
publication of the study, to make findings and recommendations on
need for lead additives in gasoline to be used on a farm for
farming purposes, including a determination of whether a
modification of regulations limiting lead content of gasoline would
be appropriate in the case of gasoline used on a farm for farming
purposes, and submit to President and Congress a report containing
the study, a summary of comments received during public hearing
(including comments of Secretary), and findings and recommendations
of Administrator made in accordance with clause (1), such report to
be transmitted named congressional committees; directed
Administrator between Jan. 1, 1986, and Dec. 31, 1987, to monitor
actual lead content of leaded gasoline sold in the United States,
with Administrator to determine average lead content of such
gasoline for each 3-month period between Jan. 1, 1986, and Dec. 31,
1987, and if actual lead content falls below an average of 0.2 of a
gram of lead per gallon in any such 3-month period, to report to
Congress, and publish a notice thereof in Federal Register;
provided that until Jan. 1, 1988, no regulation of Administrator
issued under this section 211 could require an average lead content
per gallon that is less than 0.1 of a gram per gallon; and
authorized an appropriation.
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.
-FOOTNOTE-
(!1) So in original. Probably should be "the".
(!2) So in original. Par. (1) does not contain a cl. (A).
(!3) So in original. Two cls. (v) have been enacted.
(!4) So in original. Probably should be section "7625-1".
(!5) So in original. See References in Text note below.
(!6) So in original. Probably should be "properly".
(!7) So in original. Probably should be "as of".
(!8) So in original. Probably should be section "7550(2)".
(!9) So in original. No subsec. (p) has been enacted.
(!10) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7546 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7546. Renewable fuel
-STATUTE-
(a) Definitions
In this section:
(1) Municipal solid waste
The term "municipal solid waste" has the meaning given the term
"solid waste" in section 6903 of this title.
(2) RFG State
The term "RFG State" means a State in which is located one or
more covered areas (as defined in section 7545(k)(10)(D) of this
title).
(3) Secretary
The term "Secretary" means the Secretary of Energy.
(b) Cellulosic biomass ethanol and municipal solid waste loan
guarantee program
(1) In general
Funds may be provided for the cost (as defined in the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan
guarantees issued under title XIV of the Energy Policy Act (!1)
to carry out commercial demonstration projects for celluosic (!2)
biomass and sucrose-derived ethanol.
(2) Demonstration projects
(A) In general
The Secretary shall issue loan guarantees under this section
to carry out not more than 4 projects to commercially
demonstrate the feasibility and viability of producing
cellulosic biomass ethanol or sucrose-derived ethanol,
including at least 1 project that uses cereal straw as a
feedstock and 1 project that uses municipal solid waste as a
feedstock.
(B) Design capacity
Each project shall have a design capacity to produce at least
30,000,000 gallons of cellulosic biomass ethanol each year.
(3) Applicant assurances
An applicant for a loan guarantee under this section shall
provide assurances, satisfactory to the Secretary, that -
(A) the project design has been validated through the
operation of a continuous process facility with a cumulative
output of at least 50,000 gallons of ethanol;
(B) the project has been subject to a full technical review;
(C) the project is covered by adequate project performance
guarantees;
(D) the project, with the loan guarantee, is economically
viable; and
(E) there is a reasonable assurance of repayment of the
guaranteed loan.
(4) Limitations
(A) Maximum guarantee
Except as provided in subparagraph (B), a loan guarantee
under this section may be issued for up to 80 percent of the
estimated cost of a project, but may not exceed $250,000,000
for a project.
(B) Additional guarantees
(i) In general
The Secretary may issue additional loan guarantees for a
project to cover up to 80 percent of the excess of actual
project cost over estimated project cost but not to exceed 15
percent of the amount of the original guarantee.
(ii) Principal and interest
Subject to subparagraph (A), the Secretary shall guarantee
100 percent of the principal and interest of a loan made
under subparagraph (A).
(5) Equity contributions
To be eligible for a loan guarantee under this section, an
applicant for the loan guarantee shall have binding commitments
from equity investors to provide an initial equity contribution
of at least 20 percent of the total project cost.
(6) Insufficient amounts
If the amount made available to carry out this section is
insufficient to allow the Secretary to make loan guarantees for 3
projects described in subsection (b) of this section, the
Secretary shall issue loan guarantees for one or more qualifying
projects under this section in the order in which the
applications for the projects are received by the Secretary.
(7) Approval
An application for a loan guarantee under this section shall be
approved or disapproved by the Secretary not later than 90 days
after the application is received by the Secretary.
(c) Authorization of appropriations for resource center
There is authorized to be appropriated, for a resource center to
further develop bioconversion technology using low-cost biomass for
the production of ethanol at the Center for Biomass-Based Energy at
the Mississippi State University and the Oklahoma State University,
$4,000,000 for each of fiscal years 2005 through 2007.
(d) Renewable fuel production research and development grants
(1) In general
The Administrator shall provide grants for the research into,
and development and implementation of, renewable fuel production
technologies in RFG States with low rates of ethanol production,
including low rates of production of cellulosic biomass ethanol.
(2) Eligibility
(A) In general
The entities eligible to receive a grant under this
subsection are academic institutions in RFG States, and
consortia made up of combinations of academic institutions,
industry, State government agencies, or local government
agencies in RFG States, that have proven experience and
capabilities with relevant technologies.
(B) Application
To be eligible to receive a grant under this subsection, an
eligible entity shall submit to the Administrator an
application in such manner and form, and accompanied by such
information, as the Administrator may specify.
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this
subsection $25,000,000 for each of fiscal years 2006 through
2010.
(e) Cellulosic biomass ethanol conversion assistance
(1) In general
The Secretary may provide grants to merchant producers of
cellulosic biomass ethanol in the United States to assist the
producers in building eligible production facilities described in
paragraph (2) for the production of cellulosic biomass ethanol.
(2) Eligible production facilities
A production facility shall be eligible to receive a grant
under this subsection if the production facility -
(A) is located in the United States; and
(B) uses cellulosic biomass feedstocks derived from
agricultural residues or municipal solid waste.
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this
subsection -
(A) $250,000,000 for fiscal year 2006; and
(B) $400,000,000 for fiscal year 2007.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 212, as added Pub. L. 109-
58, title XV, Sec. 1511, Aug. 8, 2005, 119 Stat. 1086.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Credit Reform Act of 1990, referred to in subsec.
(b)(1), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,
title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, as
amended, which is classified generally to subchapter III (Sec. 661
et seq.) of chapter 17A of Title 2, The Congress. For complete
classification of this Act to the Code, see Short Title note set
out under section 621 of Title 2 and Tables.
The Energy Policy Act, referred to in subsec. (b)(1), probably
means the Energy Policy Act of 2005, Pub. L. 109-58, Aug. 8, 2005,
119 Stat. 594. Title XIV of the Act probably should be a reference
to title XV of the Act which relates to ethanol and motor fuels and
enacted subchapter XIV (Sec. 16501 et seq.) of chapter 149 of this
title and sections 6991i to 6991m and 7546 of this title, amended
sections 6991 to 6991f, 6991h, 1991i, 7135, 7545, and 13220 of this
title, and enacted provisions set out as notes under section 7545
of this title. Title XIV of the Act, which contains miscellaneous
provisions, is classified principally to subchapter XIII (Sec.
16491 et seq.) of chapter 149 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 15801 of this title and Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 7546, act July 14, 1955, ch. 360, title II, Sec.
212, as added Dec. 31, 1970, Pub. L. 91-604, Sec. 10(c), 84 Stat.
1700; amended Dec. 31, 1970, Pub. L. 91-605, Sec. 202(a), 84 Stat.
1739; Apr. 9, 1973, Pub. L. 93-15, Sec. 1(b), 87 Stat. 11; June 22,
1974, Pub. L. 93-319, Sec. 13(b), 88 Stat. 265, related to low-
emission vehicles, prior to repeal by Pub. L. 101-549, title II,
Sec. 230(10), Nov. 15, 1990, 104 Stat. 2529.
A prior section 212 of act July 14, 1955, was renumbered section
213 by Pub. L. 91-604, renumbered section 214 by Pub. L. 93-319,
and renumbered section 216 by Pub. L. 95-95, and is classified to
section 7550 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original.
-End-
-CITE-
42 USC Sec. 7547 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7547. Nonroad engines and vehicles
-STATUTE-
(a) Emissions standards
(1) The Administrator shall conduct a study of emissions from
nonroad engines and nonroad vehicles (other than locomotives or
engines used in locomotives) to determine if such emissions cause,
or significantly contribute to, air pollution which may reasonably
be anticipated to endanger public health or welfare. Such study
shall be completed within 12 months of November 15, 1990.
(2) After notice and opportunity for public hearing, the
Administrator shall determine within 12 months after completion of
the study under paragraph (1), based upon the results of such
study, whether emissions of carbon monoxide, oxides of nitrogen,
and volatile organic compounds from new and existing nonroad
engines or nonroad vehicles (other than locomotives or engines used
in locomotives) are significant contributors to ozone or carbon
monoxide concentrations in more than 1 area which has failed to
attain the national ambient air quality standards for ozone or
carbon monoxide. Such determination shall be included in the
regulations under paragraph (3).
(3) If the Administrator makes an affirmative determination under
paragraph (2) the Administrator shall, within 12 months after
completion of the study under paragraph (1), promulgate (and from
time to time revise) regulations containing standards applicable to
emissions from those classes or categories of new nonroad engines
and new nonroad vehicles (other than locomotives or engines used in
locomotives) which in the Administrator's judgment cause, or
contribute to, such air pollution. Such standards shall achieve the
greatest degree of emission reduction achievable through the
application of technology which the Administrator determines will
be available for the engines or vehicles to which such standards
apply, giving appropriate consideration to the cost of applying
such technology within the period of time available to
manufacturers and to noise, energy, and safety factors associated
with the application of such technology. In determining what degree
of reduction will be available, the Administrator shall first
consider standards equivalent in stringency to standards for
comparable motor vehicles or engines (if any) regulated under
section 7521 of this title, taking into account the technological
feasibility, costs, safety, noise, and energy factors associated
with achieving, as appropriate, standards of such stringency and
lead time. The regulations shall apply to the useful life of the
engines or vehicles (as determined by the Administrator).
(4) If the Administrator determines that any emissions not
referred to in paragraph (2) from new nonroad engines or vehicles
significantly contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare, the Administrator
may promulgate (and from time to time revise) such regulations as
the Administrator deems appropriate containing standards applicable
to emissions from those classes or categories of new nonroad
engines and new nonroad vehicles (other than locomotives or engines
used in locomotives) which in the Administrator's judgment cause,
or contribute to, such air pollution, taking into account costs,
noise, safety, and energy factors associated with the application
of technology which the Administrator determines will be available
for the engines and vehicles to which such standards apply. The
regulations shall apply to the useful life of the engines or
vehicles (as determined by the Administrator).
(5) Within 5 years after November 15, 1990, the Administrator
shall promulgate regulations containing standards applicable to
emissions from new locomotives and new engines used in locomotives.
Such standards shall achieve the greatest degree of emission
reduction achievable through the application of technology which
the Administrator determines will be available for the locomotives
or engines to which such standards apply, giving appropriate
consideration to the cost of applying such technology within the
period of time available to manufacturers and to noise, energy, and
safety factors associated with the application of such technology.
(b) Effective date
Standards under this section shall take effect at the earliest
possible date considering the lead time necessary to permit the
development and application of the requisite technology, giving
appropriate consideration to the cost of compliance within such
period and energy and safety.
(c) Safe controls
Effective with respect to new engines or vehicles to which
standards under this section apply, no emission control device,
system, or element of design shall be used in such a new nonroad
engine or new nonroad vehicle for purposes of complying with such
standards if such device, system, or element of design will cause
or contribute to an unreasonable risk to public health, welfare, or
safety in its operation or function. In determining whether an
unreasonable risk exists, the Administrator shall consider factors
including those described in section 7521(a)(4)(B) of this title.
(d) Enforcement
The standards under this section shall be subject to sections
7525, 7541, 7542, and 7543 of this title, with such modifications
of the applicable regulations implementing such sections as the
Administrator deems appropriate, and shall be enforced in the same
manner as standards prescribed under section 7521 of this title.
The Administrator shall revise or promulgate regulations as may be
necessary to determine compliance with, and enforce, standards in
effect under this section.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 213, as added Pub. L. 93-
319, Sec. 10, June 22, 1974, 88 Stat. 261; amended Pub. L. 101-
549, title II, Sec. 222(a), Nov. 15, 1990, 104 Stat. 2500.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-6f of this
title.
-MISC1-
PRIOR PROVISIONS
A prior section 213 of act July 14, 1955, was renumbered section
214 by Pub. L. 93-319 and renumbered section 216 by Pub. L. 95-95,
and is classified to section 7550 of this title.
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions requiring Administrator and
Secretary of Transportation to conduct study on fuel economy
improvement for new motor vehicles manufactured during and after
model year 1980.
REGULATIONS RELATING TO STANDARDS TO REDUCE EMISSIONS
Pub. L. 108-199, div. G, title IV, Sec. 428(b), Jan. 23, 2004,
118 Stat. 418, provided that: "Not later than December 1, 2004, the
Administrator of the Environmental Protection Agency shall propose
regulations under the Clean Air Act [42 U.S.C. 7401 et seq.] that
shall contain standards to reduce emissions from new nonroad spark-
ignition engines smaller than 50 horsepower. Not later than
December 31, 2005, the Administrator shall publish in the Federal
Register final regulations containing such standards."
-End-
-CITE-
42 USC Sec. 7548 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7548. Study of particulate emissions from motor vehicles
-STATUTE-
(a) Study and analysis
(1) The Administrator shall conduct a study concerning the
effects on health and welfare of particulate emissions from motor
vehicles or motor vehicle engines to which section 7521 of this
title applies. Such study shall characterize and quantify such
emissions and analyze the relationship of such emissions to various
fuels and fuel additives.
(2) The study shall also include an analysis of particulate
emissions from mobile sources which are not related to engine
emissions (including, but not limited to tire debris, and asbestos
from brake lining).
(b) Report to Congress
The Administrator shall report to the Congress the findings and
results of the study conducted under subsection (a) of this section
not later than two years after August 7, 1977. Such report shall
also include recommendations for standards or methods to regulate
particulate emissions described in paragraph (2) of subsection (a)
of this section.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 214, as added Pub. L. 95-
95, title II, Sec. 224(d), Aug. 7, 1977, 91 Stat. 767.)
-MISC1-
PRIOR PROVISIONS
A prior section 214 of act July 14, 1955, was renumbered section
216 by Pub. L. 95-95 and is classified to section 7550 of this
title.
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
STUDY ON SUSPENDED PARTICULATE MATTER
Section 403(a) of Pub. L. 95-95 directed Administrator of EPA,
not later than 18 months after Aug. 7, 1977, in cooperation with
National Academy of Sciences, to study and report to Congress on
relationship between size, weight, and chemical composition of
suspended particulate matter and nature and degree of endangerment
to public health or welfare presented by such particulate matter
and availability of technology for controlling such particulate
matter.
-End-
-CITE-
42 USC Sec. 7549 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7549. High altitude performance adjustments
-STATUTE-
(a) Instruction of the manufacturer
(1) Any action taken with respect to any element of design
installed on or in a motor vehicle or motor vehicle engine in
compliance with regulations under this subchapter (including any
alteration or adjustment of such element), shall be treated as not
in violation of section 7522(a) of this title if such action is
performed in accordance with high altitude adjustment instructions
provided by the manufacturer under subsection (b) of this section
and approved by the Administrator.
(2) If the Administrator finds that adjustments or modifications
made pursuant to instructions of the manufacturer under paragraph
(1) will not insure emission control performance with respect to
each standard under section 7521 of this title at least equivalent
to that which would result if no such adjustments or modifications
were made, he shall disapprove such instructions. Such finding
shall be based upon minimum engineering evaluations consistent with
good engineering practice.
(b) Regulations
(1) Instructions respecting each class or category of vehicles or
engines to which this subchapter applies providing for such vehicle
and engine adjustments and modifications as may be necessary to
insure emission control performance at different altitudes shall be
submitted by the manufacturer to the Administrator pursuant to
regulations promulgated by the Administrator.
(2) Any knowing violation by a manufacturer of requirements of
the Administrator under paragraph (1) shall be treated as a
violation by such manufacturer of section 7522(a)(3) of this title
for purposes of the penalties contained in section 7524 of this
title.
(3) Such instructions shall provide, in addition to other
adjustments, for adjustments for vehicles moving from high altitude
areas to low altitude areas after the initial registration of such
vehicles.
(c) Manufacturer parts
No instructions under this section respecting adjustments or
modifications may require the use of any manufacturer parts (as
defined in section 7522(a) of this title) unless the manufacturer
demonstrates to the satisfaction of the Administrator that the use
of such manufacturer parts is necessary to insure emission control
performance.
(d) State inspection and maintenance programs
Before January 1, 1981 the authority provided by this section
shall be available in any high altitude State (as determined under
regulations of the Administrator under regulations promulgated
before August 7, 1977) but after December 31, 1980, such authority
shall be available only in any such State in which an inspection
and maintenance program for the testing of motor vehicle emissions
has been instituted for the portions of the State where any
national ambient air quality standard for auto-related pollutants
has not been attained.
(e) High altitude testing
(1) The Administrator shall promptly establish at least one
testing center (in addition to the testing centers existing on
November 15, 1990) located at a site that represents high altitude
conditions, to ascertain in a reasonable manner whether, when in
actual use throughout their useful life (as determined under
section 7521(d) of this title), each class or category of vehicle
and engines to which regulations under section 7521 of this title
apply conforms to the emissions standards established by such
regulations. For purposes of this subsection, the term "high
altitude conditions" refers to high altitude as defined in
regulations of the Administrator in effect as of November 15, 1990.
(2) The Administrator, in cooperation with the Secretary of
Energy and the Administrator of the Federal Transit Administration,
and such other agencies as the Administrator deems appropriate,
shall establish a research and technology assessment center to
provide for the development and evaluation of less-polluting heavy-
duty engines and fuels for use in buses, heavy-duty trucks, and
non-road engines and vehicles, which shall be located at a high-
altitude site that represents high-altitude conditions. In
establishing and funding such a center, the Administrator shall
give preference to proposals which provide for local cost-sharing
of facilities and recovery of costs of operation through
utilization of such facility for the purposes of this section.
(3) The Administrator shall designate at least one center at high-
altitude conditions to provide research on after-market emission
components, dual-fueled vehicles and conversion kits, the effects
of tampering on emissions equipment, testing of alternate fuels and
conversion kits, and the development of curricula, training
courses, and materials to maximize the effectiveness of inspection
and maintenance programs as they relate to promoting effective
control of vehicle emissions at high-altitude elevations.
Preference shall be given to existing vehicle emissions testing and
research centers that have established reputations for vehicle
emissions research and development and training, and that possess
in-house Federal Test Procedure capacity.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 215, as added Pub. L. 95-
95, title II, Sec. 211(b), Aug. 7, 1977, 91 Stat. 757; amended
Pub. L. 95-190, Sec. 14(a)(75), Nov. 16, 1977, 91 Stat. 1404; Pub.
L. 101-549, title II, Sec. 224, Nov. 15, 1990, 104 Stat. 2503; Pub.
L. 102-240, title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat.
2088.)
-COD-
CODIFICATION
In subsec. (d), "August 7, 1977" substituted for "the date of
enactment of this Act" to reflect the probable intent of Congress
that such date of enactment meant the date of enactment of Pub. L.
95-95.
-MISC1-
AMENDMENTS
1990 - Subsec. (e). Pub. L. 101-549 added subsec. (e).
1977 - Subsec. (d). Pub. L. 95-190 substituted "December 31,
1980" for "December 31, 1981".
-CHANGE-
CHANGE OF NAME
"Federal Transit Administration" substituted for "Urban Mass
Transportation Administration" in subsec. (e)(2) pursuant to
section 3004(b) of Pub. L. 102-240, set out as a note under section
107 of Title 49, Transportation.
-MISC2-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7550 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7550. Definitions
-STATUTE-
As used in this part -
(1) The term "manufacturer" as used in sections 7521, 7522,
7525, 7541, and 7542 of this title means any person engaged in
the manufacturing or assembling of new motor vehicles, new motor
vehicle engines, new nonroad vehicles or new nonroad engines, or
importing such vehicles or engines for resale, or who acts for
and is under the control of any such person in connection with
the distribution of new motor vehicles, new motor vehicle
engines, new nonroad vehicles or new nonroad engines, but shall
not include any dealer with respect to new motor vehicles, new
motor vehicle engines, new nonroad vehicles or new nonroad
engines received by him in commerce.
(2) The term "motor vehicle" means any self-propelled vehicle
designed for transporting persons or property on a street or
highway.
(3) Except with respect to vehicles or engines imported or
offered for importation, the term "new motor vehicle" means a
motor vehicle the equitable or legal title to which has never
been transferred to an ultimate purchaser; and the term "new
motor vehicle engine" means an engine in a new motor vehicle or a
motor vehicle engine the equitable or legal title to which has
never been transferred to the ultimate purchaser; and with
respect to imported vehicles or engines, such terms mean a motor
vehicle and engine, respectively, manufactured after the
effective date of a regulation issued under section 7521 of this
title which is applicable to such vehicle or engine (or which
would be applicable to such vehicle or engine had it been
manufactured for importation into the United States).
(4) The term "dealer" means any person who is engaged in the
sale or the distribution of new motor vehicles or new motor
vehicle engines to the ultimate purchaser.
(5) The term "ultimate purchaser" means, with respect to any
new motor vehicle or new motor vehicle engine, the first person
who in good faith purchases such new motor vehicle or new engine
for purposes other than resale.
(6) The term "commerce" means (A) commerce between any place in
any State and any place outside thereof; and (B) commerce wholly
within the District of Columbia.
(7) Vehicle curb weight, gross vehicle weight rating, light-
duty truck, light-duty vehicle, and loaded vehicle weight. - The
terms "vehicle curb weight", "gross vehicle weight rating"
(GVWR), "light-duty truck" (LDT), light-duty vehicle,(!1) and
"loaded vehicle weight" (LVW) have the meaning provided in
regulations promulgated by the Administrator and in effect as of
November 15, 1990. The abbreviations in parentheses corresponding
to any term referred to in this paragraph shall have the same
meaning as the corresponding term.
(8) Test weight. - The term "test weight" and the abbreviation
"tw" mean the vehicle curb weight added to the gross vehicle
weight rating (gvwr) and divided by 2.
(9) Motor vehicle or engine part manufacturer. - The term
"motor vehicle or engine part manufacturer" as used in sections
7541 and 7542 of this title means any person engaged in the
manufacturing, assembling or rebuilding of any device, system,
part, component or element of design which is installed in or on
motor vehicles or motor vehicle engines.
(10) Nonroad engine. - The term "nonroad engine" means an
internal combustion engine (including the fuel system) that is
not used in a motor vehicle or a vehicle used solely for
competition, or that is not subject to standards promulgated
under section 7411 of this title or section 7521 of this title.
(11) Nonroad vehicle. - The term "nonroad vehicle" means a
vehicle that is powered by a nonroad engine and that is not a
motor vehicle or a vehicle used solely for competition.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 216, formerly Sec. 208, as
added Pub. L. 89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat.
994; renumbered Sec. 212, and amended Pub. L. 90-148, Sec. 2, Nov.
21, 1967, 81 Stat. 503; renumbered Sec. 213, and amended Pub. L. 91-
604, Secs. 8(a), 10(d), 11(a)(2)(A), Dec. 31, 1970, 84 Stat. 1694,
1703, 1705; renumbered Sec. 214, Pub. L. 93-319, Sec. 10, June 22,
1974, 88 Stat. 261; renumbered Sec. 216, Pub. L. 95-95, title II,
Sec. 224(d), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101-549, title II,
Sec. 223, Nov. 15, 1990, 104 Stat. 2503.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-7 of this title.
-MISC1-
AMENDMENTS
1990 - Par. (1). Pub. L. 101-549, Sec. 223(b), inserted
references to new nonroad vehicles or new nonroad engines.
Pars. (7) to (11). Pub. L. 101-549, Sec. 223(a), added pars. (7)
to (11).
1970 - Pub. L. 91-604, Sec. 11(a)(2)(A), substituted "part" for
"subchapter".
Par. (1). Pub. L. 91-604, Sec. 10(d)(1), inserted reference to
section 7521 of this title.
Par. (3). Pub. L. 91-604, Sec. 10(d)(2), inserted provisions
which defined such terms with respect to imported vehicles or
engines.
1967 - Pub. L. 90-148 inserted "as used in sections 7522, 7525,
7541, and 7542 of this title" after "manufacturer" in par. (1).
-FOOTNOTE-
(!1) So in original. Probably should be set off by quotation marks.
-End-
-CITE-
42 USC Sec. 7551 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7551. Omitted
-MISC1-
Section, Pub. L. 95-95, title II, Sec. 203, Aug. 7, 1977, 91
Stat. 754; Pub. L. 97-375, title I, Sec. 106(a), Dec. 21, 1982, 96
Stat. 1820, which required the Administrator of the Environmental
Protection Agency to report to Congress respecting the motor
vehicle fuel consumption associated with the standards applicable
for the immediately preceding model year, terminated, effective May
15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
set out as a note under section 1113 of Title 31, Money and
Finance. See, also, the 5th item on page 165 of House Document No.
103-7. Section was enacted as part of the Clean Air Act Amendments
of 1977, and not as part of the Clean Air Act which comprises this
chapter.
-End-
-CITE-
42 USC Sec. 7552 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7552. Motor vehicle compliance program fees
-STATUTE-
(a) Fee collection
Consistent with section 9701 of title 31, the Administrator may
promulgate (and from time to time revise) regulations establishing
fees to recover all reasonable costs to the Administrator
associated with -
(1) new vehicle or engine certification under section 7525(a)
of this title or part C of this subchapter,
(2) new vehicle or engine compliance monitoring and testing
under section 7525(b) of this title or part C of this subchapter,
and
(3) in-use vehicle or engine compliance monitoring and testing
under section 7541(c) of this title or part C of this subchapter.
The Administrator may establish for all foreign and domestic
manufacturers a fee schedule based on such factors as the
Administrator finds appropriate and equitable and
nondiscriminatory, including the number of vehicles or engines
produced under a certificate of conformity. In the case of heavy-
duty engine and vehicle manufacturers, such fees shall not exceed
a reasonable amount to recover an appropriate portion of such
reasonable costs.
(b) Special Treasury fund
Any fees collected under this section shall be deposited in a
special fund in the United States Treasury for licensing and other
services which thereafter shall be available for appropriation, to
remain available until expended, to carry out the Agency's
activities for which the fees were collected.
(c) Limitation on fund use
Moneys in the special fund referred to in subsection (b) of this
section shall not be used until after the first fiscal year
commencing after the first July 1 when fees are paid into the fund.
(d) Administrator's testing authority
Nothing in this subsection shall be construed to limit the
Administrator's authority to require manufacturer or confirmatory
testing as provided in this part.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 217, as added Pub. L. 101-
549, title II, Sec. 225, Nov. 15, 1990, 104 Stat. 2504.)
-End-
-CITE-
42 USC Sec. 7553 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7553. Prohibition on production of engines requiring leaded
gasoline
-STATUTE-
The Administrator shall promulgate regulations applicable to
motor vehicle engines and nonroad engines manufactured after model
year 1992 that prohibit the manufacture, sale, or introduction into
commerce of any engine that requires leaded gasoline.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 218, as added Pub. L. 101-
549, title II, Sec. 226, Nov. 15, 1990, 104 Stat. 2505.)
-End-
-CITE-
42 USC Sec. 7554 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part A - Motor Vehicle Emission and Fuel Standards
-HEAD-
Sec. 7554. Urban bus standards
-STATUTE-
(a) Standards for model years after 1993
Not later than January 1, 1992, the Administrator shall
promulgate regulations under section 7521(a) of this title
applicable to urban buses for the model year 1994 and thereafter.
Such standards shall be based on the best technology that can
reasonably be anticipated to be available at the time such measures
are to be implemented, taking costs, safety, energy, lead time, and
other relevant factors into account. Such regulations shall require
that such urban buses comply with the provisions of subsection (b)
of this section (and subsection (c) of this subsection,(!1) if
applicable) in addition to compliance with the standards applicable
under section 7521(a) of this title for heavy-duty vehicles of the
same type and model year.
(b) PM standard
(1) 50 percent reduction
The standards under section 7521(a) of this title applicable to
urban buses shall require that, effective for the model year 1994
and thereafter, emissions of particulate matter (PM) from urban
buses shall not exceed 50 percent of the emissions of particulate
matter (PM) allowed under the emission standard applicable under
section 7521(a) of this title as of November 15, 1990, for
particulate matter (PM) in the case of heavy-duty diesel vehicles
and engines manufactured in the model year 1994.
(2) Revised reduction
The Administrator shall increase the level of emissions of
particulate matter allowed under the standard referred to in
paragraph (1) if the Administrator determines that the 50 percent
reduction referred to in paragraph (1) is not technologically
achievable, taking into account durability, costs, lead time,
safety, and other relevant factors. The Administrator may not
increase such level of emissions above 70 percent of the
emissions of particulate matter (PM) allowed under the emission
standard applicable under section 7521(a) of this title as of
November 15, 1990, for particulate matter (PM) in the case of
heavy-duty diesel vehicles and engines manufactured in the model
year 1994.
(3) Determination as part of rule
As part of the rulemaking under subsection (a) of this section,
the Administrator shall make a determination as to whether the 50
percent reduction referred to in paragraph (1) is technologically
achievable, taking into account durability, costs, lead time,
safety, and other relevant factors.
(c) Low-polluting fuel requirement
(1) Annual testing
Beginning with model year 1994 buses, the Administrator shall
conduct annual tests of a representative sample of operating
urban buses subject to the particulate matter (PM) standard
applicable pursuant to subsection (b) of this section to
determine whether such buses comply with such standard in use
over their full useful life.
(2) Promulgation of additional low-polluting fuel requirement
(A) If the Administrator determines, based on the testing under
paragraph (1), that urban buses subject to the particulate matter
(PM) standard applicable pursuant to subsection (b) of this
section do not comply with such standard in use over their full
useful life, he shall revise the standards applicable to such
buses to require (in addition to compliance with the PM standard
applicable pursuant to subsection (b) of this section) that all
new urban buses purchased or placed into service by owners or
operators of urban buses in all metropolitan statistical areas or
consolidated metropolitan statistical areas with a 1980
population of 750,000 or more shall be capable of operating, and
shall be exclusively operated, on low-polluting fuels. The
Administrator shall establish the pass-fail rate for purposes of
testing under this subparagraph.
(B) The Administrator shall promulgate a schedule phasing in
any low-polluting fuel requirement established pursuant to this
paragraph to an increasing percentage of new urban buses
purchased or placed into service in each of the first 5 model
years commencing 3 years after the determination under
subparagraph (A). Under such schedule 100 percent of new urban
buses placed into service in the fifth model year commencing 3
years after the determination under subparagraph (A) shall comply
with the low-polluting fuel requirement established pursuant to
this paragraph.
(C) The Administrator may extend the requirements of this
paragraph to metropolitan statistical areas or consolidated
metropolitan statistical areas with a 1980 population of less
than 750,000, if the Administrator determines that a significant
benefit to public health could be expected to result from such
extension.
(d) Retrofit requirements
Not later than 12 months after November 15, 1990, the
Administrator shall promulgate regulations under section 7521(a) of
this title requiring that urban buses which -
(1) are operating in areas referred to in subparagraph (A) of
subsection (c)(2) of this section (or subparagraph (C) of
subsection (c)(2) of this section if the Administrator has taken
action under that subparagraph);
(2) were not subject to standards in effect under the
regulations under subsection (a) of this section; and
(3) have their engines replaced or rebuilt after January 1,
1995,
shall comply with an emissions standard or emissions control
technology requirement established by the Administrator in such
regulations. Such emissions standard or emissions control
technology requirement shall reflect the best retrofit technology
and maintenance practices reasonably achievable.
(e) Procedures for administration and enforcement
The Administrator shall establish, within 18 months after
November 15, 1990, and in accordance with section 7525(h) of this
title, procedures for the administration and enforcement of
standards for buses subject to standards under this section,
testing procedures, sampling protocols, in-use compliance
requirements, and criteria governing evaluation of buses.
Procedures for testing (including, but not limited to,
certification testing) shall reflect actual operating conditions.
(f) Definitions
For purposes of this section -
(1) Urban bus
The term "urban bus" has the meaning provided under regulations
of the Administrator promulgated under section 7521(a) of this
title.
(2) Low-polluting fuel
The term "low-polluting fuel" means methanol, ethanol, propane,
or natural gas, or any comparably low-polluting fuel. In
determining whether a fuel is comparably low-polluting, the
Administrator shall consider both the level of emissions of air
pollutants from vehicles using the fuel and the contribution of
such emissions to ambient levels of air pollutants. For purposes
of this paragraph, the term "methanol" includes any fuel which
contains at least 85 percent methanol unless the Administrator
increases such percentage as he deems appropriate to protect
public health and welfare.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 219, as added Pub. L. 101-
549, title II, Sec. 227[(a)], Nov. 15, 1990, 104 Stat. 2505.)
-FOOTNOTE-
(!1) So in original. Probably should be "section,".
-End-
-CITE-
42 USC Part B - Aircraft Emission Standards 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part B - Aircraft Emission Standards
-HEAD-
PART B - AIRCRAFT EMISSION STANDARDS
-End-
-CITE-
42 USC Sec. 7571 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part B - Aircraft Emission Standards
-HEAD-
Sec. 7571. Establishment of standards
-STATUTE-
(a) Study; proposed standards; hearings; issuance of regulations
(1) Within 90 days after December 31, 1970, the Administrator
shall commence a study and investigation of emissions of air
pollutants from aircraft in order to determine -
(A) the extent to which such emissions affect air quality in
air quality control regions throughout the United States, and
(B) the technological feasibility of controlling such
emissions.
(2)(A) The Administrator shall, from time to time, issue proposed
emission standards applicable to the emission of any air pollutant
from any class or classes of aircraft engines which in his judgment
causes, or contributes to, air pollution which may reasonably be
anticipated to endanger public health or welfare.
(B)(i) The Administrator shall consult with the Administrator of
the Federal Aviation Administration on aircraft engine emission
standards.
(ii) The Administrator shall not change the aircraft engine
emission standards if such change would significantly increase
noise and adversely affect safety.
(3) The Administrator shall hold public hearings with respect to
such proposed standards. Such hearings shall, to the extent
practicable, be held in air quality control regions which are most
seriously affected by aircraft emissions. Within 90 days after the
issuance of such proposed regulations, he shall issue such
regulations with such modifications as he deems appropriate. Such
regulations may be revised from time to time.
(b) Effective date of regulations
Any regulation prescribed under this section (and any revision
thereof) shall take effect after such period as the Administrator
finds necessary (after consultation with the Secretary of
Transportation) to permit the development and application of the
requisite technology, giving appropriate consideration to the cost
of compliance within such period.
(c) Regulations which create hazards to aircraft safety
Any regulations in effect under this section on August 7, 1977,
or proposed or promulgated thereafter, or amendments thereto, with
respect to aircraft shall not apply if disapproved by the
President, after notice and opportunity for public hearing, on the
basis of a finding by the Secretary of Transportation that any such
regulation would create a hazard to aircraft safety. Any such
finding shall include a reasonably specific statement of the basis
upon which the finding was made.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 231, as added Pub. L. 91-
604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1703; amended Pub. L.
95-95, title II, Sec. 225, title IV, Sec. 401(f), Aug. 7, 1977, 91
Stat. 769, 791; Pub. L. 104-264, title IV, Sec. 406(b), Oct. 9,
1996, 110 Stat. 3257.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-9 of this title.
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(2). Pub. L. 104-264 designated existing
provisions as subpar. (A) and added subpar. (B).
1977 - Subsec. (a)(2). Pub. L. 95-95, Sec. 401(f), substituted
"The Administrator shall, from time to time, issue proposed
emission standards applicable to the emission of any air pollutant
from any class or classes of aircraft engines which in his judgment
causes, or contributes to, air pollution which may reasonably be
anticipated to endanger public health or welfare" for "Within 180
days after commencing such study and investigation, the
Administrator shall publish a report of such study and
investigation and shall issue proposed emission standards
applicable to emissions of any air pollutant from any class or
classes of aircraft or aircraft engines which in his judgment cause
or contribute to or are likely to cause or contribute to air
pollution which endangers the public health or welfare".
Subsec. (c). Pub. L. 95-95, Sec. 225, substituted "Any
regulations in effect under this section on August 7, 1977, or
proposed or promulgated thereafter, or amendments thereto, with
respect to aircraft shall not apply if disapproved by the
President, after notice and opportunity for public hearing, on the
basis of a finding by the Secretary of Transportation that any such
regulation would create a hazard to aircraft safety" for "Any
regulations under this section, or amendments thereto, with respect
to aircraft, shall be prescribed only after consultation with the
Secretary of Transportation in order to assure appropriate
consideration for aircraft safety" and inserted provision that
findings include a reasonably specific statement of the basis upon
which the finding was made.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L.
104-264 applicable only to fiscal years beginning after Sept. 30,
1996, and not to be construed as affecting funds made available for
a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
104-264, set out as a note under section 106 of Title 49,
Transportation.
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.
STUDY AND INVESTIGATION OF UNINSTALLED AIRCRAFT ENGINES
Pub. L. 101-549, title II, Sec. 233, Nov. 15, 1990, 104 Stat.
2529, provided that:
"(a) Study. - The Administrator of the Environmental Protection
Agency and the Secretary of Transportation, in consultation with
the Secretary of Defense, shall commence a study and investigation
of the testing of uninstalled aircraft engines in enclosed test
cells that shall address at a minimum the following issues and such
other issues as they shall deem appropriate -
"(1) whether technologies exist to control some or all
emissions of oxides of nitrogen from test cells;
"(2) the effectiveness of such technologies;
"(3) the cost of implementing such technologies;
"(4) whether such technologies affect the safety, design,
structure, operation, or performance of aircraft engines;
"(5) whether such technologies impair the effectiveness and
accuracy of aircraft engine safety design, and performance tests
conducted in test cells; and
"(6) the impact of not controlling such oxides of nitrogen in
the applicable nonattainment areas and on other sources,
stationary and mobile, on oxides of nitrogen in such areas.
"(b) Report, Authority To Regulate. - Not later than 24 months
after enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
1990], the Administrator of the Environmental Protection Agency and
the Secretary of Transportation shall submit to Congress a report
of the study conducted under this section. Following the completion
of such study, any of the States may adopt or enforce any standard
for emissions of oxides of nitrogen from test cells only after
issuing a public notice stating whether such standards are in
accordance with the findings of the study."
-End-
-CITE-
42 USC Sec. 7572 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part B - Aircraft Emission Standards
-HEAD-
Sec. 7572. Enforcement of standards
-STATUTE-
(a) Regulations to insure compliance with standards
The Secretary of Transportation, after consultation with the
Administrator, shall prescribe regulations to insure compliance
with all standards prescribed under section 7571 of this title by
the Administrator. The regulations of the Secretary of
Transportation shall include provisions making such standards
applicable in the issuance, amendment, modification, suspension, or
revocation of any certificate authorized by part A of subtitle VII
of title 49 or the Department of Transportation Act. Such Secretary
shall insure that all necessary inspections are accomplished,
and,(!1) may execute any power or duty vested in him by any other
provision of law in the execution of all powers and duties vested
in him under this section.
(b) Notice and appeal rights
In any action to amend, modify, suspend, or revoke a certificate
in which violation of an emission standard prescribed under section
7571 of this title or of a regulation prescribed under subsection
(a) of this section is at issue, the certificate holder shall have
the same notice and appeal rights as are prescribed for such
holders in part A of subtitle VII of title 49 or the Department of
Transportation Act, except that in any appeal to the National
Transportation Safety Board, the Board may amend, modify, or revoke
the order of the Secretary of Transportation only if it finds no
violation of such standard or regulation and that such amendment,
modification, or revocation is consistent with safety in air
transportation.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 232, as added Pub. L. 91-
604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.)
-REFTEXT-
REFERENCES IN TEXT
The Department of Transportation Act, referred to in subsecs. (a)
and (b), is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as
amended, which was classified principally to sections 1651 to 1660
of former Title 49, Transportation. The Act was repealed and the
provisions thereof reenacted in Title 49, Transportation, by Pub.
L. 97-449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103-272, July
5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104-
287, Sec. 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of
sections of former Title 49, see Table at the beginning of Title
49.
-COD-
CODIFICATION
In subsecs. (a) and (b), "part A of subtitle VII of title 49"
substituted for "the Federal Aviation Act [49 App. U.S.C. 1301 et
seq.]" and "the Federal Aviation Act of 1958 [49 App. U.S.C. 1301
et seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,
108 Stat. 1378, the first section of which enacted subtitles II,
III, and V to X of Title 49, Transportation.
Section was formerly classified to section 1857f-10 of this
title.
-FOOTNOTE-
(!1) So in original. The comma probably should not appear.
-End-
-CITE-
42 USC Sec. 7573 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part B - Aircraft Emission Standards
-HEAD-
Sec. 7573. State standards and controls
-STATUTE-
No State or political subdivision thereof may adopt or attempt to
enforce any standard respecting emissions of any air pollutant from
any aircraft or engine thereof unless such standard is identical to
a standard applicable to such aircraft under this part.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 233, as added Pub. L. 91-
604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.)
-COD-
CODIFICATION
Section was formerly classified to section 1857f-11 of this
title.
-End-
-CITE-
42 USC Sec. 7574 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part B - Aircraft Emission Standards
-HEAD-
Sec. 7574. Definitions
-STATUTE-
Terms used in this part (other than Administrator) shall have the
same meaning as such terms have under section 40102(a) of title 49.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 234, as added Pub. L. 91-
604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1705.)
-COD-
CODIFICATION
In text, "section 40102(a) of title 49" substituted for "section
101 of the Federal Aviation Act of 1958" on authority of Pub. L.
103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section
of which enacted subtitles II, III, and V to X of Title 49,
Transportation.
Section was formerly classified to section 1857f-12 of this
title.
-End-
-CITE-
42 USC Part C - Clean Fuel Vehicles 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
PART C - CLEAN FUEL VEHICLES
-End-
-CITE-
42 USC Sec. 7581 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7581. Definitions
-STATUTE-
For purposes of this part -
(1) Terms defined in part A
The definitions applicable to part A under section 7550 of this
title shall also apply for purposes of this part.
(2) Clean alternative fuel
The term "clean alternative fuel" means any fuel (including
methanol, ethanol, or other alcohols (including any mixture
thereof containing 85 percent or more by volume of such alcohol
with gasoline or other fuels), reformulated gasoline, diesel,
natural gas, liquefied petroleum gas, and hydrogen) or power
source (including electricity) used in a clean-fuel vehicle that
complies with the standards and requirements applicable to such
vehicle under this subchapter when using such fuel or power
source. In the case of any flexible fuel vehicle or dual fuel
vehicle, the term "clean alternative fuel" means only a fuel with
respect to which such vehicle was certified as a clean-fuel
vehicle meeting the standards applicable to clean-fuel vehicles
under section 7583(d)(2) of this title when operating on clean
alternative fuel (or any CARB standards which replaces such
standards pursuant to section 7583(e) of this title).
(3) NMOG
The term nonmethane organic gas ("NMOG") means the sum of
nonoxygenated and oxygenated hydrocarbons contained in a gas
sample, including, at a minimum, all oxygenated organic gases
containing 5 or fewer carbon atoms (i.e., aldehydes, ketones,
alcohols, ethers, etc.), and all known alkanes, alkenes, alkynes,
and aromatics containing 12 or fewer carbon atoms. To demonstrate
compliance with a NMOG standard, NMOG emissions shall be measured
in accordance with the "California Non-Methane Organic Gas Test
Procedures". In the case of vehicles using fuels other than base
gasoline, the level of NMOG emissions shall be adjusted based on
the reactivity of the emissions relative to vehicles using base
gasoline.
(4) Base gasoline
The term "base gasoline" means gasoline which meets the
following specifications:
Specifications of Base Gasoline Used
as Basis for Reactivity Readjustment:
API gravity 57.8
Sulfur, ppm 317
Color Purple
Benzene, vol. % 1.35
Reid vapor pressure 8.7
Drivability 1195
Antiknock index 87.3
Distillation, D-86 ºF
IBP 92
10% 126
50% 219
90% 327
EP 414
Hydrocarbon Type, Vol. % FIA:
Aromatics 30.9
Olefins 8.2
Saturates 60.9
The Administrator shall modify the definitions of NMOG, base
gasoline, and the methods for making reactivity adjustments, to
conform to the definitions and method used in California under
the Low-Emission Vehicle and Clean Fuel Regulations of the
California Air Resources Board, so long as the California
definitions are, in the aggregate, at least as protective of
public health and welfare as the definitions in this section.
(5) Covered fleet
The term "covered fleet" means 10 or more motor vehicles which
are owned or operated by a single person. In determining the
number of vehicles owned or operated by a single person for
purposes of this paragraph, all motor vehicles owned or operated,
leased or otherwise controlled by such person, by any person who
controls such person, by any person controlled by such person,
and by any person under common control with such person shall be
treated as owned by such person. The term "covered fleet" shall
not include motor vehicles held for lease or rental to the
general public, motor vehicles held for sale by motor vehicle
dealers (including demonstration vehicles), motor vehicles used
for motor vehicle manufacturer product evaluations or tests, law
enforcement and other emergency vehicles, or nonroad vehicles
(including farm and construction vehicles).
(6) Covered fleet vehicle
The term "covered fleet vehicle" means only a motor vehicle
which is -
(i) in a vehicle class for which standards are applicable
under this part; and
(ii) in a covered fleet which is centrally fueled (or capable
of being centrally fueled).
No vehicle which under normal operations is garaged at a personal
residence at night shall be considered to be a vehicle which is
capable of being centrally fueled within the meaning of this
paragraph.
(7) Clean-fuel vehicle
The term "clean-fuel vehicle" means a vehicle in a class or
category of vehicles which has been certified to meet for any
model year the clean-fuel vehicle standards applicable under this
part for that model year to clean-fuel vehicles in that class or
category.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 241, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2511.)
-End-
-CITE-
42 USC Sec. 7582 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7582. Requirements applicable to clean-fuel vehicles
-STATUTE-
(a) Promulgation of standards
Not later than 24 months after November 15, 1990, the
Administrator shall promulgate regulations under this part
containing clean-fuel vehicle standards for the clean-fuel vehicles
specified in this part.
(b) Other requirements
Clean-fuel vehicles of up to 8,500 gvwr subject to standards set
forth in this part shall comply with all motor vehicle requirements
of this subchapter (such as requirements relating to on-board
diagnostics, evaporative emissions, etc.) which are applicable to
conventional gasoline-fueled vehicles of the same category and
model year, except as provided in section 7584 of this title with
respect to administration and enforcement, and except to the extent
that any such requirement is in conflict with the provisions of
this part. Clean-fuel vehicles of 8,500 gvwr or greater subject to
standards set forth in this part shall comply with all requirements
of this subchapter which are applicable in the case of conventional
gasoline-fueled or diesel fueled vehicles of the same category and
model year, except as provided in section 7584 of this title with
respect to administration and enforcement, and except to the extent
that any such requirement is in conflict with the provisions of
this part.
(c) In-use useful life and testing
(1) In the case of light-duty vehicles and light-duty trucks up
to 6,000 lbs gvwr, the useful life for purposes of determining in-
use compliance with the standards under section 7583 of this title
shall be -
(A) a period of 5 years or 50,000 miles (or the equivalent)
whichever first occurs, in the case of standards applicable for
purposes of certification at 50,000 miles; and
(B) a period of 10 years or 100,000 miles (or the equivalent)
whichever first occurs, in the case of standards applicable for
purposes of certification at 100,000 miles, except that in-use
testing shall not be done for a period beyond 7 years or 75,000
miles (or the equivalent) whichever first occurs.
(2) In the case of light-duty trucks of more than 6,000 lbs gvwr,
the useful life for purposes of determining in-use compliance with
the standards under section 7583 of this title shall be -
(A) a period of 5 years or 50,000 miles (or the equivalent)
whichever first occurs in the case of standards applicable for
purposes of certification at 50,000 miles; and
(B) a period of 11 years or 120,000 miles (or the equivalent)
whichever first occurs in the case of standards applicable for
purposes of certification at 120,000 miles, except that in-use
testing shall not be done for a period beyond 7 years or 90,000
miles (or the equivalent) whichever first occurs.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 242, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2513.)
-End-
-CITE-
42 USC Sec. 7583 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7583. Standards for light-duty clean-fuel vehicles
-STATUTE-
(a) Exhaust standards for light-duty vehicles and certain light-
duty trucks
The standards set forth in this subsection shall apply in the
case of clean-fuel vehicles which are light-duty trucks of up to
6,000 lbs. gross vehicle weight rating (gvwr) (but not including
light-duty trucks of more than 3,750 lbs. loaded vehicle weight
(lvw)) or light-duty vehicles:
(1) Phase I
Beginning with model year 1996, for the air pollutants
specified in the following table, the clean-fuel vehicle
standards under this section shall provide that vehicle exhaust
emissions shall not exceed the levels specified in the following
table:
PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS
OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND LIGHT-DUTY
VEHICLES
--------------------------------------------------------------------
Pollutant NMOG CO NOx PM HCHO
(formaldehyde)
--------------------------------------------------------------------
50,000 mile standard 0.125 3.4 0.4 0.015
100,000 mile standard 0.156 4.2 0.6 0.08* 0.018
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to
diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile
standards, for purposes of certification, the applicable useful
life shall be 50,000 miles or 100,000 miles, respectively.
--------------------------------------------------------------------
(2) Phase II
Beginning with model year 2001, for air pollutants specified in
the following table, the clean-fuel vehicle standards under this
section shall provide that vehicle exhaust emissions shall not
exceed the levels specified in the following table.
PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND
LIGHT-DUTY VEHICLES
--------------------------------------------------------------------
Pollutant NMOG CO NOx PM* HCHO
(formaldehyde)
--------------------------------------------------------------------
50,000 mile standard 0.075 3.4 0.2 0.015
100,000 mile standard 0.090 4.2 0.3 0.08 0.018
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to
diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile
standards, for purposes of certification, the applicable useful
life shall be 50,000 miles or 100,000 miles, respectively.
--------------------------------------------------------------------
(b) Exhaust standards for light-duty trucks of more than 3,750 lbs.
LVW and up to 5,750 lbs. LVW and up to 6,000 lbs. GVWR
The standards set forth in this paragraph (!1) shall apply in the
case of clean-fuel vehicles which are light-duty trucks of more
than 3,750 lbs. loaded vehicle weight (lvw) but not more than 5,750
lbs. lvw and not more than 6,000 lbs. gross weight rating (GVWR):
(1) Phase I
Beginning with model year 1996, for the air pollutants
specified in the following table, the clean-fuel vehicle
standards under this section shall provide that vehicle exhaust
emissions shall not exceed the levels specified in the following
table.
PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS
OF MORE THAN 3,750 LBS. AND UP TO 5,750 LBS. LVW AND UP TO 6,000
LBS. GVWR
--------------------------------------------------------------------
Pollutant NMOG CO NOx PM* HCHO
(formaldehyde)
--------------------------------------------------------------------
50,000 mile standard 0.160 4.4 0.7 0.018
100,000 mile standard 0.200 5.5 0.9 0.08 0.023
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to
diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile
standards, for purposes of certification, the applicable useful
life shall be 50,000 miles or 100,000 miles, respectively.
--------------------------------------------------------------------
(2) Phase II
Beginning with model year 2001, for the air pollutants
specified in the following table, the clean-fuel vehicle
standards under this section shall provide that vehicle exhaust
emissions shall not exceed the levels specified in the following
table.
PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
TRUCKS OF MORE THAN 3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND UP
TO 6,000 LBS. GVWR
--------------------------------------------------------------------
Pollutant NMOG CO NOx PM* HCHO
(formaldehyde)
--------------------------------------------------------------------
50,000 mile standard 0.100 4.4 0.4 0.018
100,000 mile standard 0.130 5.5 0.5 0.08 0.023
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to
diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile
standards, for purposes of certification, the applicable useful
life shall be 50,000 miles or 100,000 miles, respectively.
--------------------------------------------------------------------
(c) Exhaust standards for light-duty trucks greater than 6,000 lbs.
GVWR
The standards set forth in this subsection shall apply in the
case of clean-fuel vehicles which are light-duty trucks of more
than 6,000 lbs. gross weight rating (GVWR) and less than or equal
to 8,500 lbs. GVWR, beginning with model year 1998. For the air
pollutants specified in the following table, the clean-fuel vehicle
standards under this section shall provide that vehicle exhaust
emissions of vehicles within the test weight categories specified
in the following table shall not exceed the levels specified in
such table.
CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS GREATER
THAN 6,000 LBS. GVWR
TEST WEIGHT CATEGORY: UP TO 3,750 LBS. TW
--------------------------------------------------------------------
Pollutant NMOG CO NOx PM* HCHO
(
formald
ehyde)
--------------------------------------------------------------------
50,000 mile standard 0.125 3.4 0.4** 0.015
120,000 mile standard 0.180 5.0 0.6 0.08 0.022
--------------------------------------------------------------------
TEST WEIGHT CATEGORY: ABOVE 3,750 BUT NOT ABOVE 5,750 LBS. TW
--------------------------------------------------------------------
Pollutant NMOG CO NOx PM* HCHO
(
formald
ehyde)
--------------------------------------------------------------------
50,000 mile standard 0.160 4.4 0.7** 0.018
120,000 mile standard 0.230 6.4 1.0 0.10 0.027
--------------------------------------------------------------------
TEST WEIGHT CATEGORY: ABOVE 5,750 TW BUT NOT ABOVE 8,500 LBS. GVWR
--------------------------------------------------------------------
Pollutant NMOG CO NOx PM* HCHO
(
formald
ehyde)
--------------------------------------------------------------------
50,000 mile standard 0.195 5.0 1.1** 0.022
120,000 mile standard 0.280 7.3 1.5 0.12 0.032
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to
diesel-fueled vehicles.
**Standard not applicable to diesel-fueled vehicles.
For the 50,000 mile standards and the 120,000 mile standards set
forth in the table, the applicable useful life for purposes of
certification shall be 50,000 miles or 120,000 miles, respectively.
--------------------------------------------------------------------
(d) Flexible and dual-fuel vehicles
(1) In general
The Administrator shall establish standards and requirements
under this section for the model year 1996 and thereafter for
vehicles weighing not more than 8,500 lbs. gvwr which are capable
of operating on more than one fuel. Such standards shall require
that such vehicles meet the exhaust standards applicable under
subsection (!2) (a), (b), and (c) of this section for CO, NOx,
and HCHO, and if appropriate, PM for single-fuel vehicles of the
same vehicle category and model year.
(2) Exhaust NMOG standard for operation on clean alternative fuel
In addition to standards for the pollutants referred to in
paragraph (1), the standards established under paragraph (1)
shall require that vehicle exhaust emissions of NMOG not exceed
the levels (expressed in grams per mile) specified in the tables
below when the vehicle is operated on the clean alternative fuel
for which such vehicle is certified:
NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN
OPERATING ON CLEAN ALTERNATIVE FUEL
LIGHT-DUTY TRUCKS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES
--------------------------------------------------------------------
Vehicle Type Column A Column B
(50,000 (100,000
mi.) mi.)
Standard Standard
(gpm) (gpm)
--------------------------------------------------------------------
Beginning MY 1996:
LDT's (0-3,750 lbs. LVW) and 0.125 0.156
light-duty vehicles
LDT's (3,751-5,750 lbs. LVW) 0.160 0.20
Beginning MY 2001:
LDT's (0-3,750 lbs. LVW) and 0.075 0.090
light-duty vehicles
LDT's (3,751-5,750 lbs. LVW) 0.100 0.130
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
50,000 miles.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
100,000 miles.
--------------------------------------------------------------------
LIGHT-DUTY TRUCKS MORE THAN 6,000 LBS. GVWR
--------------------------------------------------------------------
Vehicle Type Column A Column B
(50,000 (120,000
mi.) mi.)
Standard Standard
--------------------------------------------------------------------
Beginning MY 1998:
LDT's (0-3,750 lbs. TW) 0.125 0.180
LDT's (3,751-5,750 lbs. TW) 0.160 0.230
LDT's (above 5,750 lbs. TW) 0.195 0.280
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
50,000 miles.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
120,000 miles.
--------------------------------------------------------------------
(3) NMOG standard for operation on conventional fuel
In addition to the standards referred to in paragraph (1), the
standards established under paragraph (1) shall require that
vehicle exhaust emissions of NMOG not exceed the levels
(expressed in grams per mile) specified in the tables below:
NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN
OPERATING ON CONVENTIONAL FUEL
LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES
--------------------------------------------------------------------
Vehicle Type Column A Column B
(50,000 (100,000
mi.) mi.)
Standard Standard
(gpm) (gpm)
--------------------------------------------------------------------
Beginning MY 1996:
LDT's (0-3,750 lbs. LVW) and 0.25 0.31
light-duty vehicles
LDT's (3,751-5,750 lbs. LVW) 0.32 0.40
Beginning MY 2001:
LDT's (0-3,750 lbs. LVW) and 0.125 0.156
light-duty vehicles
LDT's (3,751-5,750 lbs. LVW) 0.160 0.200
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
50,000 miles.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
100,000 miles.
--------------------------------------------------------------------
LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR
--------------------------------------------------------------------
Vehicle Type Column A Column B
(50,000 (120,000
mi.) mi.)
Standard Standard
--------------------------------------------------------------------
Beginning MY 1998:
LDT's (0-3,750 lbs. TW) 0.25 0.36
LDT's (3,751-5,750 lbs. TW) 0.32 0.46
LDT's (above 5,750 lbs. TW) 0.39 0.56
For standards under column A, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
50,000 miles.
For standards under column B, for purposes of certification under
section 7525 of this title, the applicable useful life shall be
120,000 miles.
--------------------------------------------------------------------
(e) Replacement by CARB standards
(1) Single set of CARB standards
If the State of California promulgates regulations establishing
and implementing a single set of standards applicable in
California pursuant to a waiver approved under section 7543 of
this title to any category of vehicles referred to in subsection
(a), (b), (c), or (d) of this section and such set of standards
is, in the aggregate, at least as protective of public health and
welfare as the otherwise applicable standards set forth in
section 7582 of this title and subsection (a), (b), (c), or (d)
of this section, such set of California standards shall apply to
clean-fuel vehicles in such category in lieu of the standards
otherwise applicable under section 7582 of this title and
subsection (a), (b), (c), or (d) of this section, as the case may
be.
(2) Multiple sets of CARB standards
If the State of California promulgates regulations establishing
and implementing several different sets of standards applicable
in California pursuant to a waiver approved under section 7543 of
this title to any category of vehicles referred to in subsection
(a), (b), (c), or (d) of this section and each of such sets of
California standards is, in the aggregate, at least as protective
of public health and welfare as the otherwise applicable
standards set forth in section 7582 of this title and subsection
(a), (b), (c), or (d) of this section, such standards shall be
treated as "qualifying California standards" for purposes of this
paragraph. Where more than one set of qualifying standards are
established and administered by the State of California, the
least stringent set of qualifying California standards shall
apply to the clean-fuel vehicles concerned in lieu of the
standards otherwise applicable to such vehicles under section
7582 of this title and this section.
(f) Less stringent CARB standards
If the Low-Emission Vehicle and Clean Fuels Regulations of the
California Air Resources Board applicable to any category of
vehicles referred to in subsection (a), (b), (c), or (d) of this
section are modified after November 15, 1990, to provide an
emissions standard which is less stringent than the otherwise
applicable standard set forth in subsection (a), (b), (c), or (d)
of this section, or if any effective date contained in such
regulations is delayed, such modified standards or such delay (or
both, as the case may be) shall apply, for an interim period, in
lieu of the standard or effective date otherwise applicable under
subsection (a), (b), (c), or (d) of this section to any vehicles
covered by such modified standard or delayed effective date. The
interim period shall be a period of not more than 2 model years
from the effective date otherwise applicable under subsection (a),
(b), (c), or (d) of this section. After such interim period, the
otherwise applicable standard set forth in subsection (a), (b),
(c), or (d) of this section shall take effect with respect to such
vehicles (unless subsequently replaced under subsection (e) of this
section).
(g) Not applicable to heavy-duty vehicles
Notwithstanding any provision of the Low-Emission Vehicle and
Clean Fuels Regulations of the California Air Resources Board
nothing in this section shall apply to heavy-duty engines in
vehicles of more than 8,500 lbs. GVWR.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 243, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2514.)
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
(!2) So in original. Probably should be "subsections".
-End-
-CITE-
42 USC Sec. 7584 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7584. Administration and enforcement as per California
standards
-STATUTE-
Where the numerical clean-fuel vehicle standards applicable under
this part to vehicles of not more than 8,500 lbs. GVWR are the same
as numerical emission standards applicable in California under the
Low-Emission Vehicle and Clean Fuels Regulations of the California
Air Resources Board ("CARB"), such standards shall be administered
and enforced by the Administrator -
(1) in the same manner and with the same flexibility as the
State of California administers and enforces corresponding
standards applicable under the Low-Emission Vehicle and Clean
Fuels Regulations of the California Air Resources Board ("CARB");
and
(2) subject to the same requirements, and utilizing the same
interpretations and policy judgments, as are applicable in the
case of such CARB standards, including, but not limited to,
requirements regarding certification, production-line testing,
and in-use compliance,
unless the Administrator determines (in promulgating the rules
establishing the clean fuel vehicle program under this section)
that any such administration and enforcement would not meet the
criteria for a waiver under section 7543 of this title. Nothing in
this section shall apply in the case of standards under section
7585 of this title for heavy-duty vehicles.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 244, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)
-End-
-CITE-
42 USC Sec. 7585 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above
8,500 up to 26,000 lbs.)
-STATUTE-
(a) Model years after 1997; combined NOx and NMHC standard
For classes or categories of heavy-duty vehicles or engines
manufactured for the model year 1998 or thereafter and having a
GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the
standards under this part for clean-fuel vehicles shall require
that combined emissions of oxides of nitrogen (NOx) and
nonmethane hydrocarbons (NMHC) shall not exceed 3.15 grams per
brake horsepower hour (equivalent to 50 percent of the combined
emission standards applicable under section 7521 of this title for
such air pollutants in the case of a conventional model year 1994
heavy-duty diesel-fueled vehicle or engine). No standard shall be
promulgated as provided in this section for any heavy-duty vehicle
of more than 26,000 lbs. GVWR.
(b) Revised standards that are less stringent
(1) The Administrator may promulgate a revised less stringent
standard for the vehicles or engines referred to in subsection (a)
of this section if the Administrator determines that the 50 percent
reduction required under subsection (a) of this section is not
technologically feasible for clean diesel-fueled vehicles and
engines, taking into account durability, costs, lead time, safety,
and other relevant factors. To provide adequate lead time the
Administrator shall make a determination with regard to the
technological feasibility of such 50 percent reduction before
December 31, 1993.
(2) Any person may at any time petition the Administrator to make
a determination under paragraph (1). The Administrator shall act on
such a petition within 6 months after the petition is filed.
(3) Any revised less stringent standards promulgated as provided
in this subsection shall require at least a 30 percent reduction in
lieu of the 50 percent reduction referred to in paragraph (1).
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 245, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)
-End-
-CITE-
42 USC Sec. 7586 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7586. Centrally fueled fleets
-STATUTE-
(a) Fleet program required for certain nonattainment areas
(1) SIP revision
Each State in which there is located all or part of a covered
area (as defined in paragraph (2)) shall submit, within 42 months
after November 15, 1990, a State implementation plan revision
under section 7410 of this title and part D of subchapter I of
this chapter to establish a clean-fuel vehicle program for fleets
under this section.
(2) Covered areas
For purposes of this subsection, each of the following shall be
a "covered area":
(A) Ozone nonattainment areas
Any ozone nonattainment area with a 1980 population of
250,000 or more classified under subpart 2 of part D of
subchapter I of this chapter as Serious, Severe, or Extreme
based on data for the calendar years 1987, 1988, and 1989. In
determining the ozone nonattainment areas to be treated as
covered areas pursuant to this subparagraph, the Administrator
shall use the most recent interpretation methodology issued by
the Administrator prior to November 15, 1990.
(B) Carbon monoxide nonattainment areas
Any carbon monoxide nonattainment area with a 1980 population
of 250,000 or more and a carbon monoxide design value at or
above 16.0 parts per million based on data for calendar years
1988 and 1989 (as calculated according to the most recent
interpretation methodology issued prior to November 15, 1990,
by the United States Environmental Protection Agency),
excluding those carbon monoxide nonattainment areas in which
mobile sources do not contribute significantly to carbon
monoxide exceedances.
(3) Plan revisions for reclassified areas
In the case of ozone nonattainment areas reclassified as
Serious, Severe, or Extreme under part D of subchapter I of this
chapter with a 1980 population of 250,000 or more, the State
shall submit a plan revision meeting the requirements of this
subsection within 1 year after reclassification. Such plan
revision shall implement the requirements applicable under this
subsection at the time of reclassification and thereafter, except
that the Administrator may adjust for a limited period the
deadlines for compliance where compliance with such deadlines
would be infeasible.
(4) Consultation; consideration of factors
Each State required to submit an implementation plan revision
under this subsection shall develop such revision in consultation
with fleet operators, vehicle manufacturers, fuel producers and
distributors, motor vehicle fuel, and other interested parties,
taking into consideration operational range, specialty uses,
vehicle and fuel availability, costs, safety, resale values of
vehicles and equipment and other relevant factors.
(b) Phase-in of requirements
The plan revision required under this section shall contain
provisions requiring that at least a specified percentage of all
new covered fleet vehicles in model year 1998 and thereafter
purchased by each covered fleet operator in each covered area shall
be clean-fuel vehicles and shall use clean alternative fuels when
operating in the covered area. For the applicable model years (MY)
specified in the following table and thereafter, the specified
percentage shall be as provided in the table for the vehicle types
set forth in the table:
CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS
--------------------------------------------------------------------
Vehicle Type MY1998 MY1999 MY2000
--------------------------------------------------------------------
Light-duty trucks up to 6,000 lbs. GVWR 30% 50% 70%
and light-duty vehicles
Heavy-duty trucks above 8,500 lbs. GVWR 50% 50% 50%
The term MY refers to model year.
--------------------------------------------------------------------
(c) Accelerated standard for light-duty trucks up to 6,000 lbs.
GVWR and light-duty vehicles
Notwithstanding the model years for which clean-fuel vehicle
standards are applicable as provided in section 7583 of this title,
for purposes of this section, light duty (!1) trucks of up to 6,000
lbs. GVWR and light-duty vehicles manufactured in model years 1998
through model year 2000 shall be treated as clean-fuel vehicles
only if such vehicles comply with the standards applicable under
section 7583 of this title for vehicles in the same class for the
model year 2001. The requirements of subsection (b) of this section
shall take effect on the earlier of the following:
(1) The first model year after model year 1997 in which new
light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles
which comply with the model year 2001 standards under section
7583 of this title are offered for sale in California.
(2) Model year 2001.
Whenever the effective date of subsection (b) of this section is
delayed pursuant to paragraph (1) of this subsection, the phase-in
schedule under subsection (b) of this section shall be modified to
commence with the model year referred to in paragraph (1) in lieu
of model year 1998.
(d) Choice of vehicles and fuel
The plan revision under this subsection shall provide that the
choice of clean-fuel vehicles and clean alternative fuels shall be
made by the covered fleet operator subject to the requirements of
this subsection.
(e) Availability of clean alternative fuel
The plan revision shall require fuel providers to make clean
alternative fuel available to covered fleet operators at locations
at which covered fleet vehicles are centrally fueled.
(f) Credits
(1) Issuance of credits
The State plan revision required under this section shall
provide for the issuance by the State of appropriate credits to a
fleet operator for any of the following (or any combination
thereof):
(A) The purchase of more clean-fuel vehicles than required
under this section.
(B) The purchase of clean fuel (!2) vehicles which meet more
stringent standards established by the Administrator pursuant
to paragraph (4).
(C) The purchase of vehicles in categories which are not
covered by this section but which meet standards established
for such vehicles under paragraph (4).
(2) Use of credits; limitations based on weight classes
(A) Use of credits
Credits under this subsection may be used by the person
holding such credits to demonstrate compliance with this
section or may be traded or sold for use by any other person to
demonstrate compliance with other requirements applicable under
this section in the same nonattainment area. Credits obtained
at any time may be held or banked for use at any later time,
and when so used, such credits shall maintain the same value as
if used at an earlier date.
(B) Limitations based on weight classes
Credits issued with respect to the purchase of vehicles of up
to 8,500 lbs. GVWR may not be used to demonstrate compliance by
any person with the requirements applicable under this
subsection to vehicles of more than 8,500 lbs. GVWR. Credits
issued with respect to the purchase of vehicles of more than
8,500 lbs. GVWR may not be used to demonstrate compliance by
any person with the requirements applicable under this
subsection to vehicles weighing up to 8,500 lbs. GVWR.
(C) Weighting
Credits issued for purchase of a clean fuel (!2) vehicle
under this subsection shall be adjusted with appropriate
weighting to reflect the level of emission reduction achieved
by the vehicle.
(3) Regulations and administration
Within 12 months after November 15, 1990, the Administrator
shall promulgate regulations for such credit program. The State
shall administer the credit program established under this
subsection.
(4) Standards for issuing credits for cleaner vehicles
Solely for purposes of issuing credits under paragraph (1)(B),
the Administrator shall establish under this paragraph standards
for Ultra-Low Emission Vehicles ("ULEV"s) and Zero Emissions
Vehicles ("ZEV"s) which shall be more stringent than those
otherwise applicable to clean-fuel vehicles under this part. The
Administrator shall certify clean fuel (!2) vehicles as complying
with such more stringent standards, and administer and enforce
such more stringent standards, in the same manner as in the case
of the otherwise applicable clean-fuel vehicle standards
established under this section. The standards established by the
Administrator under this paragraph for vehicles under 8,500 lbs.
GVWR or greater shall conform as closely as possible to standards
which are established by the State of California for ULEV and ZEV
vehicles in the same class. For vehicles of 8,500 lbs. GVWR or
more, the Administrator shall promulgate comparable standards for
purposes of this subsection.
(5) Early fleet credits
The State plan revision shall provide credits under this
subsection to fleet operators that purchase vehicles certified to
meet clean-fuel vehicle standards under this part during any
period after approval of the plan revision and prior to the
effective date of the fleet program under this section.
(g) Availability to public
At any facility owned or operated by a department, agency, or
instrumentality of the United States where vehicles subject to this
subsection are supplied with clean alternative fuel, such fuel
shall be offered for sale to the public for use in other vehicles
during reasonable business times and subject to national security
concerns, unless such fuel is commercially available for vehicles
in the vicinity of such Federal facilities.
(h) Transportation control measures
The Administrator shall by rule, within 1 year after November 15,
1990, ensure that certain transportation control measures including
time-of-day or day-of-week restrictions, and other similar measures
that restrict vehicle usage, do not apply to any clean-fuel vehicle
that meets the requirements of this section. This subsection shall
apply notwithstanding subchapter I of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 246, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2520.)
-FOOTNOTE-
(!1) So in original. Probably should be "light-duty".
(!2) So in original. Probably should be "clean-fuel".
-End-
-CITE-
42 USC Sec. 7587 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7587. Vehicle conversions
-STATUTE-
(a) Conversion of existing and new conventional vehicles to clean-
fuel vehicles
The requirements of section 7586 of this title may be met through
the conversion of existing or new gasoline or diesel-powered
vehicles to clean-fuel vehicles which comply with the applicable
requirements of that section. For purposes of such provisions the
conversion of a vehicle to clean fuel (!1) vehicle shall be treated
as the purchase of a clean fuel (!1) vehicle. Nothing in this part
shall be construed to provide that any covered fleet operator
subject to fleet vehicle purchase requirements under section 7586
of this title shall be required to convert existing or new gasoline
or diesel-powered vehicles to clean-fuel vehicles or to purchase
converted vehicles.
(b) Regulations
The Administrator shall, within 24 months after November 15,
1990, consistent with the requirements of this subchapter
applicable to new vehicles, promulgate regulations governing
conversions of conventional vehicles to clean-fuel vehicles. Such
regulations shall establish criteria for such conversions which
will ensure that a converted vehicle will comply with the standards
applicable under this part to clean-fuel vehicles. Such regulations
shall provide for the application to such conversions of the same
provisions of this subchapter (including provisions relating to
administration enforcement) as are applicable to standards under
section (!2) 7582, 7583, 7584, and 7585 of this title, except that
in the case of conversions the Administrator may modify the
applicable regulations implementing such provisions as the
Administrator deems necessary to implement this part.
(c) Enforcement
Any person who converts conventional vehicles to clean fuel (!1)
vehicles pursuant to subsection (b) of this section, shall be
considered a manufacturer for purposes of sections 7525 and 7541 of
this title and related enforcement provisions. Nothing in the
preceding sentence shall require a person who performs such
conversions to warrant any part or operation of a vehicle other
than as required under this part. Nothing in this paragraph shall
limit the applicability of any other warranty to unrelated parts or
operations.
(d) Tampering
The conversion from a vehicle capable of operating on gasoline or
diesel fuel only to a clean-fuel vehicle shall not be considered a
violation of section 7522(a)(3) of this title if such conversion
complies with the regulations promulgated under subsection (b) of
this section.
(e) Safety
The Secretary of Transportation shall, if necessary, promulgate
rules under applicable motor vehicle laws regarding the safety of
vehicles converted from existing and new vehicles to clean-fuel
vehicles.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 247, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2523.)
-FOOTNOTE-
(!1) So in original. Probably should be "clean-fuel".
(!2) So in original. Probably should be "sections".
-End-
-CITE-
42 USC Sec. 7588 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7588. Federal agency fleets
-STATUTE-
(a) Additional provisions applicable
The provisions of this section shall apply, in addition to the
other provisions of this part, in the case of covered fleet
vehicles owned or operated by an agency, department, or
instrumentality of the United States, except as otherwise provided
in subsection (e) of this section.
(b) Cost of vehicles to Federal agency
Notwithstanding the provisions of sections 601-611 of title 40,
the Administrator of General Services shall not include the
incremental costs of clean-fuel vehicles in the amount to be
reimbursed by Federal agencies if the Administrator of General
Services determines that appropriations provided pursuant to this
paragraph are sufficient to provide for the incremental cost of
such vehicles over the cost of comparable conventional vehicles.
(c) Limitations on appropriations
Funds appropriated pursuant to the authorization under this
paragraph shall be applicable only -
(1) to the portion of the cost of acquisition, maintenance and
operation of vehicles acquired under this subparagraph which
exceeds the cost of acquisition, maintenance and operation of
comparable conventional vehicles;
(2) to the portion of the costs of fuel storage and dispensing
equipment attributable to such vehicles which exceeds the costs
for such purposes required for conventional vehicles; and
(3) to the portion of the costs of acquisition of clean-fuel
vehicles which represents a reduction in revenue from the
disposal of such vehicles as compared to revenue resulting from
the disposal of comparable conventional vehicles.
(d) Vehicle costs
The incremental cost of vehicles acquired under this part over
the cost of comparable conventional vehicles shall not be applied
to any calculation with respect to a limitation under law on the
maximum cost of individual vehicles which may be required by the
United States.
(e) Exemptions
The requirements of this part shall not apply to vehicles with
respect to which the Secretary of Defense has certified to the
Administrator that an exemption is needed based on national
security consideration.
(f) Acquisition requirement
Federal agencies, to the extent practicable, shall obtain clean-
fuel vehicles from original equipment manufacturers.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be
required to carry out the provisions of this section: Provided,
That such sums as are appropriated for the Administrator of General
Services pursuant to the authorization under this section shall be
added to the General Supply Fund established in section 321 of
title 40.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 248, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2524.)
-COD-
CODIFICATION
In subsec. (b), "sections 601-611 of title 40" substituted for
"section 211 of the Federal Property and Administrative Services
Act of 1949", and, in subsec. (g), "the General Supply Fund
established in section 321 of title 40" substituted for "the
General Supply Fund established in section 109 of the Federal
Property and Administrative Services Act of 1949", on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings,
Property, and Works.
-TRANS-
ABOLITION OF GENERAL SUPPLY FUND
The General Supply Fund, referred to in subsec. (g), was
abolished and its capital assets and balances transferred to the
Acquisition Services Fund by section 3(a)-(c) of Pub. L. 109-313,
set out as an Acquisition Services Fund note under section 321 of
Title 40, Public Buildings, Property, and Works.
-End-
-CITE-
42 USC Sec. 7589 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7589. California pilot test program
-STATUTE-
(a) Establishment
The Administrator shall establish a pilot program in the State of
California to demonstrate the effectiveness of clean-fuel vehicles
in controlling air pollution in ozone nonattainment areas.
(b) Applicability
The provisions of this section shall only apply to light-duty
trucks and light-duty vehicles, and such provisions shall apply
only in the State of California, except as provided in subsection
(f) of this section.
(c) Program requirements
Not later than 24 months after November 15, 1990, the
Administrator shall promulgate regulations establishing
requirements under this section applicable in the State of
California. The regulations shall provide the following:
(1) Clean-fuel vehicles
Clean-fuel vehicles shall be produced, sold, and distributed
(in accordance with normal business practices and applicable
franchise agreements) to ultimate purchasers in California
(including owners of covered fleets referred to in section 7586
of this title) in numbers that meet or exceed the following
schedule:
Model Years Number of
Clean-Fuel
Vehicles
--------------------------------------------------------------------
1996, 1997, 1998 150,000 vehicles
1999 and thereafter 300,000 vehicles
--------------------------------------------------------------------
(2) Clean alternative fuels
(A) Within 2 years after November 15, 1990, the State of
California shall submit a revision of the applicable
implementation plan under part D of subchapter I of this chapter
and section 7410 of this title containing a clean fuel plan that
requires that clean alternative fuels on which the clean-fuel
vehicles required under this paragraph can operate shall be
produced and distributed by fuel suppliers and made available in
California. At a minimum, sufficient clean alternative fuels
shall be produced, distributed and made available to assure that
all clean-fuel vehicles required under this section can operate,
to the maximum extent practicable, exclusively on such fuels in
California. The State shall require that clean alternative fuels
be made available and offered for sale at an adequate number of
locations with sufficient geographic distribution to ensure
convenient refueling with clean alternative fuels, considering
the number of, and type of, such vehicles sold and the geographic
distribution of such vehicles within the State. The State shall
determine the clean alternative fuels to be produced,
distributed, and made available based on motor vehicle
manufacturers' projections of future sales of such vehicles and
consultations with the affected local governments and fuel
suppliers.
(B) The State may by regulation grant persons subject to the
requirements prescribed under this paragraph an appropriate
amount of credits for exceeding such requirements, and any person
granted credits may transfer some or all of the credits for use
by one or more persons in demonstrating compliance with such
requirements. The State may make the credits available for use
after consideration of enforceability, environmental, and
economic factors and upon such terms and conditions as the State
finds appropriate.
(C) The State may also by regulation establish specifications
for any clean alternative fuel produced and made available under
this paragraph as the State finds necessary to reduce or
eliminate an unreasonable risk to public health, welfare, or
safety associated with its use or to ensure acceptable vehicle
maintenance and performance characteristics.
(D) If a retail gasoline dispensing facility would have to
remove or replace one or more motor vehicle fuel underground
storage tanks and accompanying piping in order to comply with the
provisions of this section, and it had removed and replaced such
tank or tanks and accompanying piping in order to comply with
subtitle I of the Solid Waste Disposal Act [42 U.S.C. 6991 et
seq.] prior to November 15, 1990, it shall not be required to
comply with this subsection until a period of 7 years has passed
from the date of the removal and replacement of such tank or
tanks.
(E) Nothing in this section authorizes any State other than
California to adopt provisions regarding clean alternative fuels.
(F) If the State of California fails to adopt a clean fuel
program that meets the requirements of this paragraph, the
Administrator shall, within 4 years after November 15, 1990,
establish a clean fuel program for the State of California under
this paragraph and section 7410(c) of this title that meets the
requirements of this paragraph.
(d) Credits for motor vehicle manufacturers
(1) The Administrator may (by regulation) grant a motor vehicle
manufacturer an appropriate amount of credits toward fulfillment of
such manufacturer's share of the requirements of subsection (c)(1)
of this section for any of the following (or any combination
thereof):
(A) The sale of more clean-fuel vehicles than required under
subsection (c)(1) of this section.
(B) The sale of clean fuel (!1) vehicles which meet standards
established by the Administrator as provided in paragraph (3)
which are more stringent than the clean-fuel vehicle standards
otherwise applicable to such clean-fuel vehicle. A manufacturer
granted credits under this paragraph may transfer some or all of
the credits for use by one or more other manufacturers in
demonstrating compliance with the requirements prescribed under
this paragraph. The Administrator may make the credits available
for use after consideration of enforceability, environmental, and
economic factors and upon such terms and conditions as he finds
appropriate. The Administrator shall grant credits in accordance
with this paragraph, notwithstanding any requirements of State
law or any credits granted with respect to the same vehicles
under any State law, rule, or regulation.
(2) Regulations and administration. - The Administrator shall
administer the credit program established under this subsection.
Within 12 months after November 15, 1990, the Administrator shall
promulgate regulations for such credit program.
(3) Standards for issuing credits for cleaner vehicles. - The
more stringent standards and other requirements (including
requirements relating to the weighting of credits) established by
the Administrator for purposes of the credit program under 7585(e)
(!2) of this title (relating to credits for clean fuel (!1)
vehicles in the fleets program) shall also apply for purposes of
the credit program under this paragraph.
(e) Program evaluation
(1) Not later than June 30, 1994 and again in connection with the
report under paragraph (2), the Administrator shall provide a
report to the Congress on the status of the California Air
Resources Board Low-Emissions Vehicles and Clean Fuels Program.
Such report shall examine the capability, from a technological
standpoint, of motor vehicle manufacturers and motor vehicle fuel
suppliers to comply with the requirements of such program and with
the requirements of the California Pilot Program under this
section.
(2) Not later than June 30, 1998, the Administrator shall
complete and submit a report to Congress on the effectiveness of
the California pilot program under this section. The report shall
evaluate the level of emission reductions achieved under the
program, the costs of the program, the advantages and disadvantages
of extending the program to other nonattainment areas, and
desirability of continuing or expanding the program in California.
(3) The program under this section cannot be extended or
terminated by the Administrator except by Act of Congress enacted
after November 15, 1990. Section 7507 of this title does not apply
to the program under this section.
(f) Voluntary opt-in for other States
(1) EPA regulations
Not later than 2 years after November 15, 1990, the
Administrator shall promulgate regulations establishing a
voluntary opt-in program under this subsection pursuant to which -
(A) clean-fuel vehicles which are required to be produced,
sold, and distributed in the State of California under this
section, and
(B) clean alternative fuels required to be produced and
distributed under this section by fuel suppliers and made
available in California (!3)
may also be sold and used in other States which submit plan
revisions under paragraph (2).
(2) Plan revisions
Any State in which there is located all or part of an ozone
nonattainment area classified under subpart (!4) D of subchapter
I of this chapter as Serious, Severe, or Extreme may submit a
revision of the applicable implementation plan under part D of
subchapter I of this chapter and section 7410 of this title to
provide incentives for the sale or use in such an area or State
of clean-fuel vehicles which are required to be produced, sold,
and distributed in the State of California, and for the use in
such an area or State of clean alternative fuels required to be
produced and distributed by fuel suppliers and made available in
California. Such plan provisions shall not take effect until 1
year after the State has provided notice of such provisions to
motor vehicle manufacturers and to fuel suppliers.
(3) Incentives
The incentives referred to in paragraph (2) may include any or
all of the following:
(A) A State registration fee on new motor vehicles registered
in the State which are not clean-fuel vehicles in the amount of
at least 1 percent of the cost of the vehicle. The proceeds of
such fee shall be used to provide financial incentives to
purchasers of clean-fuel vehicles and to vehicle dealers who
sell high volumes or high percentages of clean-fuel vehicles
and to defray the administrative costs of the incentive
program.
(B) Provisions to exempt clean-fuel vehicles from high
occupancy vehicle or trip reduction requirements.
(C) Provisions to provide preference in the use of existing
parking spaces for clean-fuel vehicles.
The incentives under this paragraph shall not apply in the case
of covered fleet vehicles.
(4) No sales or production mandate
The regulations and plan revisions under paragraphs (1) and (2)
shall not include any production or sales mandate for clean-fuel
vehicles or clean alternative fuels. Such regulations and plan
revisions shall also provide that vehicle manufacturers and fuel
suppliers may not be subject to penalties or sanctions for
failing to produce or sell clean-fuel vehicles or clean
alternative fuels.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 249, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2525.)
-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D),
is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90
Stat. 2795. Subtitle I of the Act is classified generally to
subchapter IX (Sec. 6991 et seq.) of chapter 82 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 6901 of this title and Tables.
November 15, 1990, referred to in subsec. (e)(3), was in the
original "the date of the Clean Air Act Amendments of 1990", which
was translated as meaning the date of enactment of Pub. L. 101-549,
which enacted this section, to reflect the probable intent of
Congress.
-FOOTNOTE-
(!1) So in original. Probably should be "clean-fuel".
(!2) So in original. Probably should be "section 7586(f)".
(!3) So in original. Probably should be followed by a comma.
(!4) So in original. Probably should be "part".
-End-
-CITE-
42 USC Sec. 7590 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
Part C - Clean Fuel Vehicles
-HEAD-
Sec. 7590. General provisions
-STATUTE-
(a) State refueling facilities
If any State adopts enforceable provisions in an implementation
plan applicable to a nonattainment area which provides that
existing State refueling facilities will be made available to the
public for the purchase of clean alternative fuels or that State-
operated refueling facilities for such fuels will be constructed
and operated by the State and made available to the public at
reasonable times, taking into consideration safety, costs, and
other relevant factors, in approving such plan under section 7410
of this title and part D,(!1) the Administrator may credit a State
with the emission reductions for purposes of part D (!1)
attributable to such actions.
(b) No production mandate
The Administrator shall have no authority under this part to
mandate the production of clean-fuel vehicles except as provided in
the California pilot test program or to specify as applicable the
models, lines, or types of, or marketing or price practices,
policies, or strategies for, vehicles subject to this part. Nothing
in this part shall be construed to give the Administrator authority
to mandate marketing or pricing practices, policies, or strategies
for fuels.
(c) Tank and fuel system safety
The Secretary of Transportation shall, in accordance with chapter
301 of title 49, promulgate applicable regulations regarding the
safety and use of fuel storage cylinders and fuel systems,
including appropriate testing and retesting, in conversions of
motor vehicles.
(d) Consultation with Department of Energy and Department of
Transportation
The Administrator shall coordinate with the Secretaries of the
Department of Energy and the Department of Transportation in
carrying out the Administrator's duties under this part.
-SOURCE-
(July 14, 1955, ch. 360, title II, Sec. 250, as added Pub. L. 101-
549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2528.)
-COD-
CODIFICATION
In subsec. (c), "chapter 301 of title 49" substituted for "the
National Motor Vehicle Traffic Safety Act of 1966 [15 U.S.C. 1381
et seq.]", meaning "the National Traffic and Motor Vehicle Safety
Act of 1966 [15 U.S.C. 1381 et seq.]", on authority of Pub. L. 103-
272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of
which enacted subtitles II, III, and V to X of Title 49,
Transportation.
-FOOTNOTE-
(!1) So in original. Probably should be "part D of subchapter I of
this chapter".
-End-
-CITE-
42 USC SUBCHAPTER III - GENERAL PROVISIONS 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER III - GENERAL PROVISIONS
-End-
-CITE-
42 USC Sec. 7601 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7601. Administration
-STATUTE-
(a) Regulations; delegation of powers and duties; regional officers
and employees
(1) The Administrator is authorized to prescribe such regulations
as are necessary to carry out his functions under this chapter. The
Administrator may delegate to any officer or employee of the
Environmental Protection Agency such of his powers and duties under
this chapter, except the making of regulations subject to section
7607(d) of this title, as he may deem necessary or expedient.
(2) Not later than one year after August 7, 1977, the
Administrator shall promulgate regulations establishing general
applicable procedures and policies for regional officers and
employees (including the Regional Administrator) to follow in
carrying out a delegation under paragraph (1), if any. Such
regulations shall be designed -
(A) to assure fairness and uniformity in the criteria,
procedures, and policies applied by the various regions in
implementing and enforcing the chapter;
(B) to assure at least an adequate quality audit of each
State's performance and adherence to the requirements of this
chapter in implementing and enforcing the chapter, particularly
in the review of new sources and in enforcement of the chapter;
and
(C) to provide a mechanism for identifying and standardizing
inconsistent or varying criteria, procedures, and policies being
employed by such officers and employees in implementing and
enforcing the chapter.
(b) Detail of Environmental Protection Agency personnel to air
pollution control agencies
Upon the request of an air pollution control agency, personnel of
the Environmental Protection Agency may be detailed to such agency
for the purpose of carrying out the provisions of this chapter.
(c) Payments under grants; installments; advances or reimbursements
Payments under grants made under this chapter may be made in
installments, and in advance or by way of reimbursement, as may be
determined by the Administrator.
(d) Tribal authority
(1) Subject to the provisions of paragraph (2), the Administrator
-
(A) is authorized to treat Indian tribes as States under this
chapter, except for purposes of the requirement that makes
available for application by each State no less than one-half of
1 percent of annual appropriations under section 7405 of this
title; and
(B) may provide any such Indian tribe grant and contract
assistance to carry out functions provided by this chapter.
(2) The Administrator shall promulgate regulations within 18
months after November 15, 1990, specifying those provisions of this
chapter for which it is appropriate to treat Indian tribes as
States. Such treatment shall be authorized only if -
(A) the Indian tribe has a governing body carrying out
substantial governmental duties and powers;
(B) the functions to be exercised by the Indian tribe pertain
to the management and protection of air resources within the
exterior boundaries of the reservation or other areas within the
tribe's jurisdiction; and
(C) the Indian tribe is reasonably expected to be capable, in
the judgment of the Administrator, of carrying out the functions
to be exercised in a manner consistent with the terms and
purposes of this chapter and all applicable regulations.
(3) The Administrator may promulgate regulations which establish
the elements of tribal implementation plans and procedures for
approval or disapproval of tribal implementation plans and portions
thereof.
(4) In any case in which the Administrator determines that the
treatment of Indian tribes as identical to States is inappropriate
or administratively infeasible, the Administrator may provide, by
regulation, other means by which the Administrator will directly
administer such provisions so as to achieve the appropriate
purpose.
(5) Until such time as the Administrator promulgates regulations
pursuant to this subsection, the Administrator may continue to
provide financial assistance to eligible Indian tribes under
section 7405 of this title.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 301, formerly Sec. 8, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,
renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79
Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.
504; Pub. L. 91-604, Secs. 3(b)(2), 15(c)(2), Dec. 31, 1970, 84
Stat. 1677, 1713; Pub. L. 95-95, title III, Sec. 305(e), Aug. 7,
1977, 91 Stat. 776; Pub. L. 101-549, title I, Secs. 107(d), 108(i),
Nov. 15, 1990, 104 Stat. 2464, 2467.)
-COD-
CODIFICATION
Section was formerly classified to section 1857g of this title.
-MISC1-
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 108(i), inserted
"subject to section 7607(d) of this title" after "regulations".
Subsec. (d). Pub. L. 101-549, Sec. 107(d), added subsec. (d).
1977 - Subsec. (a). Pub. L. 95-95 designated existing provisions
as par. (1) and added par. (2).
1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary" and "Environmental Protection
Agency" for "Department of Health, Education, and Welfare".
Subsec. (b). Pub. L. 91-604, Sec. 3(b)(2), substituted
"Environmental Protection Agency" for "Public Health Service" and
struck out provisions covering the payment of salaries and
allowances.
Subsec. (c). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary".
1967 - Pub. L. 90-148 reenacted section without change.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
DISADVANTAGED BUSINESS CONCERNS; USE OF QUOTAS PROHIBITED
Title X of Pub. L. 101-549 provided that:
"SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.
"(a) In General. - In providing for any research relating to the
requirements of the amendments made by the Clean Air Act Amendments
of 1990 [Pub. L. 101-549, see Tables for classification] which uses
funds of the Environmental Protection Agency, the Administrator of
the Environmental Protection Agency shall, to the extent
practicable, require that not less than 10 percent of total Federal
funding for such research will be made available to disadvantaged
business concerns.
"(b) Definition. -
"(1)(A) For purposes of subsection (a), the term 'disadvantaged
business concern' means a concern -
"(i) which is at least 51 percent owned by one or more
socially and economically disadvantaged individuals or, in the
case of a publicly traded company, at least 51 percent of the
stock of which is owned by one or more socially and
economically disadvantaged individuals; and
"(ii) the management and daily business operations of which
are controlled by such individuals.
"(B)(i) A for-profit business concern is presumed to be a
disadvantaged business concern for purposes of subsection (a) if
it is at least 51 percent owned by, or in the case of a concern
which is a publicly traded company at least 51 percent of the
stock of the company is owned by, one or more individuals who are
members of the following groups:
"(I) Black Americans.
"(II) Hispanic Americans.
"(III) Native Americans.
"(IV) Asian Americans.
"(V) Women.
"(VI) Disabled Americans.
"(ii) The presumption established by clause (i) may be rebutted
with respect to a particular business concern if it is reasonably
established that the individual or individuals referred to in
that clause with respect to that business concern are not
experiencing impediments to establishing or developing such
concern as a result of the individual's identification as a
member of a group specified in that clause.
"(C) The following institutions are presumed to be
disadvantaged business concerns for purposes of subsection (a):
"(i) Historically black colleges and universities, and
colleges and universities having a student body in which 40
percent of the students are Hispanic.
"(ii) Minority institutions (as that term is defined by the
Secretary of Education pursuant to the General Education
Provision Act (20 U.S.C. 1221 et seq.)).
"(iii) Private and voluntary organizations controlled by
individuals who are socially and economically disadvantaged.
"(D) A joint venture may be considered to be a disadvantaged
business concern under subsection (a), notwithstanding the size
of such joint venture, if -
"(i) a party to the joint venture is a disadvantaged business
concern; and
"(ii) that party owns at least 51 percent of the joint
venture.
A person who is not an economically disadvantaged individual or a
disadvantaged business concern, as a party to a joint venture,
may not be a party to more than 2 awarded contracts in a fiscal
year solely by reason of this subparagraph.
"(E) Nothing in this paragraph shall prohibit any member of a
racial or ethnic group that is not listed in subparagraph (B)(i)
from establishing that they have been impeded in establishing or
developing a business concern as a result of racial or ethnic
discrimination.
"Sec. 1002. Use of Quotas Prohibited. - Nothing in this title
shall permit or require the use of quotas or a requirement that has
the effect of a quota in determining eligibility under section
1001."
-End-
-CITE-
42 USC Sec. 7602 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7602. Definitions
-STATUTE-
When used in this chapter -
(a) The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(b) The term "air pollution control agency" means any of the
following:
(1) A single State agency designated by the Governor of that
State as the official State air pollution control agency for
purposes of this chapter.
(2) An agency established by two or more States and having
substantial powers or duties pertaining to the prevention and
control of air pollution.
(3) A city, county, or other local government health authority,
or, in the case of any city, county, or other local government in
which there is an agency other than the health authority charged
with responsibility for enforcing ordinances or laws relating to
the prevention and control of air pollution, such other agency.
(4) An agency of two or more municipalities located in the same
State or in different States and having substantial powers or
duties pertaining to the prevention and control of air pollution.
(5) An agency of an Indian tribe.
(c) The term "interstate air pollution control agency" means -
(1) an air pollution control agency established by two or more
States, or
(2) an air pollution control agency of two or more
municipalities located in different States.
(d) The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa and includes the Commonwealth of the Northern Mariana
Islands.
(e) The term "person" includes an individual, corporation,
partnership, association, State, municipality, political
subdivision of a State, and any agency, department, or
instrumentality of the United States and any officer, agent, or
employee thereof.
(f) The term "municipality" means a city, town, borough, county,
parish, district, or other public body created by or pursuant to
State law.
(g) The term "air pollutant" means any air pollution agent or
combination of such agents, including any physical, chemical,
biological, radioactive (including source material, special nuclear
material, and byproduct material) substance or matter which is
emitted into or otherwise enters the ambient air. Such term
includes any precursors to the formation of any air pollutant, to
the extent the Administrator has identified such precursor or
precursors for the particular purpose for which the term "air
pollutant" is used.
(h) All language referring to effects on welfare includes, but is
not limited to, effects on soils, water, crops, vegetation, manmade
materials, animals, wildlife, weather, visibility, and climate,
damage to and deterioration of property, and hazards to
transportation, as well as effects on economic values and on
personal comfort and well-being, whether caused by transformation,
conversion, or combination with other air pollutants.
(i) The term "Federal land manager" means, with respect to any
lands in the United States, the Secretary of the department with
authority over such lands.
(j) Except as otherwise expressly provided, the terms "major
stationary source" and "major emitting facility" mean any
stationary facility or source of air pollutants which directly
emits, or has the potential to emit, one hundred tons per year or
more of any air pollutant (including any major emitting facility or
source of fugitive emissions of any such pollutant, as determined
by rule by the Administrator).
(k) The terms "emission limitation" and "emission standard" mean
a requirement established by the State or the Administrator which
limits the quantity, rate, or concentration of emissions of air
pollutants on a continuous basis, including any requirement
relating to the operation or maintenance of a source to assure
continuous emission reduction, and any design, equipment, work
practice or operational standard promulgated under this
chapter..(!1)
(l) The term "standard of performance" means a requirement of
continuous emission reduction, including any requirement relating
to the operation or maintenance of a source to assure continuous
emission reduction.
(m) The term "means of emission limitation" means a system of
continuous emission reduction (including the use of specific
technology or fuels with specified pollution characteristics).
(n) The term "primary standard attainment date" means the date
specified in the applicable implementation plan for the attainment
of a national primary ambient air quality standard for any air
pollutant.
(o) The term "delayed compliance order" means an order issued by
the State or by the Administrator to an existing stationary source,
postponing the date required under an applicable implementation
plan for compliance by such source with any requirement of such
plan.
(p) The term "schedule and timetable of compliance" means a
schedule of required measures including an enforceable sequence of
actions or operations leading to compliance with an emission
limitation, other limitation, prohibition, or standard.
(q) For purposes of this chapter, the term "applicable
implementation plan" means the portion (or portions) of the
implementation plan, or most recent revision thereof, which has
been approved under section 7410 of this title, or promulgated
under section 7410(c) of this title, or promulgated or approved
pursuant to regulations promulgated under section 7601(d) of this
title and which implements the relevant requirements of this
chapter.
(r) Indian Tribe. - The term "Indian tribe" means any Indian
tribe, band, nation, or other organized group or community,
including any Alaska Native village, which is Federally recognized
as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(s) VOC. - The term "VOC" means volatile organic compound, as
defined by the Administrator.
(t) PM-10. - The term "PM-10" means particulate matter with an
aerodynamic diameter less than or equal to a nominal ten
micrometers, as measured by such method as the Administrator may
determine.
(u) NAAQS and CTG. - The term "NAAQS" means national ambient air
quality standard. The term "CTG" means a Control Technique
Guideline published by the Administrator under section 7408 of this
title.
(v) NOx. - The term "NOx" means oxides of nitrogen.
(w) CO. - The term "CO" means carbon monoxide.
(x) Small Source. - The term "small source" means a source that
emits less than 100 tons of regulated pollutants per year, or any
class of persons that the Administrator determines, through
regulation, generally lack technical ability or knowledge regarding
control of air pollution.
(y) Federal Implementation Plan. - The term "Federal
implementation plan" means a plan (or portion thereof) promulgated
by the Administrator to fill all or a portion of a gap or otherwise
correct all or a portion of an inadequacy in a State implementation
plan, and which includes enforceable emission limitations or other
control measures, means or techniques (including economic
incentives, such as marketable permits or auctions of emissions
allowances), and provides for attainment of the relevant national
ambient air quality standard.
(z) Stationary Source. - The term "stationary source" means
generally any source of an air pollutant except those emissions
resulting directly from an internal combustion engine for
transportation purposes or from a nonroad engine or nonroad vehicle
as defined in section 7550 of this title.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 302, formerly Sec. 9, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,
renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79
Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.
504; Pub. L. 91-604, Sec. 15(a)(1), (c)(1), Dec. 31, 1970, 84 Stat.
1710, 1713; Pub. L. 95-95, title II, Sec. 218(c), title III, Sec.
301, Aug. 7, 1977, 91 Stat. 761, 769; Pub. L. 95-190, Sec.
14(a)(76), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101-549, title I,
Secs. 101(d)(4), 107(a), (b), 108(j), 109(b), title III, Sec.
302(e), title VII, Sec. 709, Nov. 15, 1990, 104 Stat. 2409, 2464,
2468, 2470, 2574, 2684.)
-COD-
CODIFICATION
Section was formerly classified to section 1857h of this title.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in subsecs. (b) and (d) of this
section were contained in a section 1857e of this title, act July
14, 1955, ch. 360, Sec. 6, 69 Stat. 323, prior to the general
amendment of this chapter by Pub. L. 88-206.
AMENDMENTS
1990 - Subsec. (b)(1) to (3). Pub. L. 101-549, Sec. 107(a)(1),
(2), struck out "or" at end of par. (3) and substituted periods for
semicolons at end of pars. (1) to (3).
Subsec. (b)(5). Pub. L. 101-549, Sec. 107(a)(3), added par. (5).
Subsec. (g). Pub. L. 101-549, Sec. 108(j)(2), inserted at end
"Such term includes any precursors to the formation of any air
pollutant, to the extent the Administrator has identified such
precursor or precursors for the particular purpose for which the
term 'air pollutant' is used."
Subsec. (h). Pub. L. 101-549, Sec. 109(b), inserted before period
at end ", whether caused by transformation, conversion, or
combination with other air pollutants".
Subsec. (k). Pub. L. 101-549, Sec. 303(e), inserted before period
at end ", and any design, equipment, work practice or operational
standard promulgated under this chapter."
Subsec. (q). Pub. L. 101-549, Sec. 101(d)(4), added subsec. (q).
Subsec. (r). Pub. L. 101-549, Sec. 107(b), added subsec. (r).
Subsecs. (s) to (y). Pub. L. 101-549, Sec. 108(j)(1), added
subsecs. (s) to (y).
Subsec. (z). Pub. L. 101-549, Sec. 709, added subsec. (z).
1977 - Subsec. (d). Pub. L. 95-95, Sec. 218(c), inserted "and
includes the Commonwealth of the Northern Mariana Islands" after
"American Samoa".
Subsec. (e). Pub. L. 95-190 substituted "individual, corporation"
for "individual corporation".
Pub. L. 95-95, Sec. 301(b), expanded definition of "person" to
include agencies, departments, and instrumentalities of the United
States and officers, agents, and employees thereof.
Subsec. (g). Pub. L. 95-95, Sec. 301(c), expanded definition of
"air pollutant" so as, expressly, to include physical, chemical,
biological, and radioactive substances or matter emitted into or
otherwise entering the ambient air.
Subsecs. (i) to (p). Pub. L. 95-95, Sec. 301(a), added subsecs.
(i) to (p).
1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(1), substituted
definition of "Administrator" as meaning Administrator of the
Environmental Protection Agency for definition of "Secretary" as
meaning Secretary of Health, Education, and Welfare.
Subsecs. (g), (h). Pub. L. 91-604, Sec. 15(a)(1), added subsec.
(g) defining "air pollutant", redesignated former subsec. (g) as
(h) and substituted references to effects on soil, water, crops,
vegetation, manmade materials, animals, wildlife, weather,
visibility, and climate for references to injury to agricultural
crops and livestock, and inserted references to effects on economic
values and on personal comfort and well being.
1967 - Pub. L. 90-148 reenacted section without change.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
42 USC Sec. 7603 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7603. Emergency powers
-STATUTE-
Notwithstanding any other provision of this chapter, the
Administrator, upon receipt of evidence that a pollution source or
combination of sources (including moving sources) is presenting an
imminent and substantial endangerment to public health or welfare,
or the environment, may bring suit on behalf of the United States
in the appropriate United States district court to immediately
restrain any person causing or contributing to the alleged
pollution to stop the emission of air pollutants causing or
contributing to such pollution or to take such other action as may
be necessary. If it is not practicable to assure prompt protection
of public health or welfare or the environment by commencement of
such a civil action, the Administrator may issue such orders as may
be necessary to protect public health or welfare or the
environment. Prior to taking any action under this section, the
Administrator shall consult with appropriate State and local
authorities and attempt to confirm the accuracy of the information
on which the action proposed to be taken is based. Any order issued
by the Administrator under this section shall be effective upon
issuance and shall remain in effect for a period of not more than
60 days, unless the Administrator brings an action pursuant to the
first sentence of this section before the expiration of that
period. Whenever the Administrator brings such an action within the
60-day period, such order shall remain in effect for an additional
14 days or for such longer period as may be authorized by the court
in which such action is brought.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 303, as added Pub. L. 91-
604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L. 95-
95, title III, Sec. 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L.
101-549, title VII, Sec. 704, Nov. 15, 1990, 104 Stat. 2681.)
-COD-
CODIFICATION
Section was formerly classified to section 1857h-1 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 303 of act July 14, 1955, was renumbered section
310 by Pub. L. 91-604 and is classified to section 7610 of this
title.
AMENDMENTS
1990 - Pub. L. 101-549, Sec. 704(2)-(5), struck out subsec. (a)
designation before "Notwithstanding any other", struck out subsec.
(b) which related to violation of or failure or refusal to comply
with subsec. (a) orders, and substituted new provisions for
provisions following first sentence which read as follows: "If it
is not practicable to assure prompt protection of the health of
persons solely by commencement of such a civil action, the
Administrator may issue such orders as may be necessary to protect
the health of persons who are, or may be, affected by such
pollution source (or sources). Prior to taking any action under
this section, the Administrator shall consult with the State and
local authorities in order to confirm the correctness of the
information on which the action proposed to be taken is based and
to ascertain the action which such authorities are, or will be,
taking. Such order shall be effective for a period of not more than
twenty-four hours unless the Administrator brings an action under
the first sentence of this subsection before the expiration of such
period. Whenever the Administrator brings such an action within
such period, such order shall be effective for a period of forty-
eight hours or such longer period as may be authorized by the
court pending litigation or thereafter."
Pub. L. 101-549, Sec. 704(1), which directed that "public health
or welfare, or the environment" be substituted for "the health of
persons and that appropriate State or local authorities have not
acted to abate such sources", was executed by making the
substitution for "the health of persons, and that appropriate State
or local authorities have not acted to abate such sources" to
reflect the probable intent of Congress.
1977 - Pub. L. 95-95 designated existing provisions as subsec.
(a), inserted provisions that, if it is not practicable to assure
prompt protection of the health of persons solely by commencement
of a civil action, the Administrator may issue such orders as may
be necessary to protect the health of persons who are, or may be,
affected by such pollution source (or sources), that, prior to
taking any action under this section, the Administrator consult
with the State and local authorities in order to confirm the
correctness of the information on which the action proposed to be
taken is based and to ascertain the action which such authorities
are, or will be, taking, that the order be effective for a period
of not more than twenty-four hours unless the Administrator brings
an action under the first sentence of this subsection before the
expiration of such period, and that, whenever the Administrator
brings such an action within such period, such order be effective
for a period of forty-eight hours or such longer period as may be
authorized by the court pending litigation or thereafter, and added
subsec. (b).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-End-
-CITE-
42 USC Sec. 7604 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7604. Citizen suits
-STATUTE-
(a) Authority to bring civil action; jurisdiction
Except as provided in subsection (b) of this section, any person
may commence a civil action on his own behalf -
(1) against any person (including (i) the United States, and
(ii) any other governmental instrumentality or agency to the
extent permitted by the Eleventh Amendment to the Constitution)
who is alleged to have violated (if there is evidence that the
alleged violation has been repeated) or to be in violation of (A)
an emission standard or limitation under this chapter or (B) an
order issued by the Administrator or a State with respect to such
a standard or limitation,
(2) against the Administrator where there is alleged a failure
of the Administrator to perform any act or duty under this
chapter which is not discretionary with the Administrator, or
(3) against any person who proposes to construct or constructs
any new or modified major emitting facility without a permit
required under part C of subchapter I of this chapter (relating
to significant deterioration of air quality) or part D of
subchapter I of this chapter (relating to nonattainment) or who
is alleged to have violated (if there is evidence that the
alleged violation has been repeated) or to be in violation of any
condition of such permit.
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such an emission standard or limitation, or such an order, or to
order the Administrator to perform such act or duty, as the case
may be, and to apply any appropriate civil penalties (except for
actions under paragraph (2)). The district courts of the United
States shall have jurisdiction to compel (consistent with paragraph
(2) of this subsection) agency action unreasonably delayed, except
that an action to compel agency action referred to in section
7607(b) of this title which is unreasonably delayed may only be
filed in a United States District Court within the circuit in which
such action would be reviewable under section 7607(b) of this
title. In any such action for unreasonable delay, notice to the
entities referred to in subsection (b)(1)(A) of this section shall
be provided 180 days before commencing such action.
(b) Notice
No action may be commenced -
(1) under subsection (a)(1) of this section -
(A) prior to 60 days after the plaintiff has given notice of
the violation (i) to the Administrator, (ii) to the State in
which the violation occurs, and (iii) to any alleged violator
of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and is
diligently prosecuting a civil action in a court of the United
States or a State to require compliance with the standard,
limitation, or order, but in any such action in a court of the
United States any person may intervene as a matter of
right.(!1)
(2) under subsection (a)(2) of this section prior to 60 days
after the plaintiff has given notice of such action to the
Administrator,
except that such action may be brought immediately after such
notification in the case of an action under this section respecting
a violation of section 7412(i)(3)(A) or (f)(4) of this title or an
order issued by the Administrator pursuant to section 7413(a) of
this title. Notice under this subsection shall be given in such
manner as the Administrator shall prescribe by regulation.
(c) Venue; intervention by Administrator; service of complaint;
consent judgment
(1) Any action respecting a violation by a stationary source of
an emission standard or limitation or an order respecting such
standard or limitation may be brought only in the judicial district
in which such source is located.
(2) In any action under this section, the Administrator, if not a
party, may intervene as a matter of right at any time in the
proceeding. A judgment in an action under this section to which the
United States is not a party shall not, however, have any binding
effect upon the United States.
(3) Whenever any action is brought under this section the
plaintiff shall serve a copy of the complaint on the Attorney
General of the United States and on the Administrator. No consent
judgment shall be entered in an action brought under this section
in which the United States is not a party prior to 45 days
following the receipt of a copy of the proposed consent judgment by
the Attorney General and the Administrator during which time the
Government may submit its comments on the proposed consent judgment
to the court and parties or may intervene as a matter of right.
(d) Award of costs; security
The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party, whenever the court determines such award is
appropriate. The court may, if a temporary restraining order or
preliminary injunction is sought, require the filing of a bond or
equivalent security in accordance with the Federal Rules of Civil
Procedure.
(e) Nonrestriction of other rights
Nothing in this section shall restrict any right which any person
(or class of persons) may have under any statute or common law to
seek enforcement of any emission standard or limitation or to seek
any other relief (including relief against the Administrator or a
State agency). Nothing in this section or in any other law of the
United States shall be construed to prohibit, exclude, or restrict
any State, local, or interstate authority from -
(1) bringing any enforcement action or obtaining any judicial
remedy or sanction in any State or local court, or
(2) bringing any administrative enforcement action or obtaining
any administrative remedy or sanction in any State or local
administrative agency, department or instrumentality,
against the United States, any department, agency, or
instrumentality thereof, or any officer, agent, or employee thereof
under State or local law respecting control and abatement of air
pollution. For provisions requiring compliance by the United
States, departments, agencies, instrumentalities, officers, agents,
and employees in the same manner as nongovernmental entities, see
section 7418 of this title.
(f) "Emission standard or limitation under this chapter" defined
For purposes of this section, the term "emission standard or
limitation under this chapter" means -
(1) a schedule or timetable of compliance, emission limitation,
standard of performance or emission standard,
(2) a control or prohibition respecting a motor vehicle fuel or
fuel additive, or (!2)
(3) any condition or requirement of a permit under part C of
subchapter I of this chapter (relating to significant
deterioration of air quality) or part D of subchapter I of this
chapter (relating to nonattainment),,(!3) section 7419 of this
title (relating to primary nonferrous smelter orders), any
condition or requirement under an applicable implementation plan
relating to transportation control measures, air quality
maintenance plans, vehicle inspection and maintenance programs or
vapor recovery requirements, section 7545(e) and (f) of this
title (relating to fuels and fuel additives), section 7491 of
this title (relating to visibility protection), any condition or
requirement under subchapter VI of this chapter (relating to
ozone protection), or any requirement under section 7411 or 7412
of this title (without regard to whether such requirement is
expressed as an emission standard or otherwise); (!4) or
(4) any other standard, limitation, or schedule established
under any permit issued pursuant to subchapter V of this chapter
or under any applicable State implementation plan approved by the
Administrator, any permit term or condition, and any requirement
to obtain a permit as a condition of operations.(!5)
which is in effect under this chapter (including a requirement
applicable by reason of section 7418 of this title) or under an
applicable implementation plan.
(g) Penalty fund
(1) Penalties received under subsection (a) of this section shall
be deposited in a special fund in the United States Treasury for
licensing and other services. Amounts in such fund are authorized
to be appropriated and shall remain available until expended, for
use by the Administrator to finance air compliance and enforcement
activities. The Administrator shall annually report to the Congress
about the sums deposited into the fund, the sources thereof, and
the actual and proposed uses thereof.
(2) Notwithstanding paragraph (1) the court in any action under
this subsection (!6) to apply civil penalties shall have discretion
to order that such civil penalties, in lieu of being deposited in
the fund referred to in paragraph (1), be used in beneficial
mitigation projects which are consistent with this chapter and
enhance the public health or the environment. The court shall
obtain the view of the Administrator in exercising such discretion
and selecting any such projects. The amount of any such payment in
any such action shall not exceed $100,000.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 304, as added Pub. L. 91-
604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1706; amended Pub. L. 95-
95, title III, Sec. 303(a)-(c), Aug. 7, 1977, 91 Stat. 771, 772;
Pub. L. 95-190, Sec. 14(a) (77), (78), Nov. 16, 1977, 91 Stat.
1404; Pub. L. 101-549, title III, Sec. 302(f), title VII, Sec.
707(a)-(g), Nov. 15, 1990, 104 Stat. 2574, 2682, 2683.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec. (d),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
-COD-
CODIFICATION
Section was formerly classified to section 1857h-2 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 304 of act July 14, 1955, was renumbered section
311 by Pub. L. 91-604 and is classified to section 7611 of this
title.
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, Sec. 707(a), (f), in closing
provisions, inserted before period at end ", and to apply any
appropriate civil penalties (except for actions under paragraph
(2))" and inserted sentences at end giving courts jurisdiction to
compel agency action unreasonably delayed and requiring 180 days
notice prior to commencement of action.
Subsec. (a)(1), (3). Pub. L. 101-549, Sec. 707(g), inserted "to
have violated (if there is evidence that the alleged violation has
been repeated) or" before "to be in violation".
Subsec. (b). Pub. L. 101-549, Sec. 302(f), substituted "section
7412(i)(3)(A) or (f)(4)" for "section 7412(c)(1)(B)" in closing
provisions.
Subsec. (c)(2). Pub. L. 101-549, Sec. 707(c), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "In such
action under this section, the Administrator, if not a party, may
intervene as a matter of right."
Subsec. (c)(3). Pub. L. 101-549, Sec. 707(d), added subsec.
(c)(3).
Subsec. (f)(3). Pub. L. 101-549, Sec. 707(e), struck out "any
condition or requirement of section 7413(d) of this title (relating
to certain enforcement orders)" before ", section 7419 of this
title", substituted "subchapter VI of this chapter" for "part B of
subchapter I of this chapter", and substituted "; or" for period at
end.
Subsec. (f)(4). Pub. L. 101-549, Sec. 707(e), which directed that
par. (4) be added at end of subsec. (f), was executed by adding
par. (4) after par. (3), to reflect the probable intent of
Congress.
Subsec. (g). Pub. L. 101-549, Sec. 707(b), added subsec. (g).
1977 - Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(77), inserted
"or modified" after "new".
Pub. L. 95-95, Sec. 303(a), added subsec. (a)(3).
Subsec. (e). Pub. L. 95-95, Sec. 303(c), inserted provisions
which prohibited any construction of this section or any other law
of the United States which would prohibit, exclude, or restrict any
State, local, or interstate authority from bringing any enforcement
action or obtaining any judicial remedy or sanction in any State or
local court against the United States or bringing any
administrative enforcement action or obtaining any administrative
remedy or sanction against the United States in any State or local
administrative agency, department, or instrumentality under State
or local law.
Subsec. (f)(3). Pub. L. 95-190, Sec. 14(a)(78), inserted ", or"
after "(relating to ozone protection)", substituted "any condition
or requirement under an" for "requirements under an", and struck
out "or" before "section 7491".
Pub. L. 95-95, Sec. 303(b), added par. (3).
EFFECTIVE DATE OF 1990 AMENDMENT
Section 707(g) of Pub. L. 101-549 provided that: "The amendment
made by this subsection [amending this section] shall take effect
with respect to actions brought after the date 2 years after the
enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990]."
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of reporting provisions
in subsec. (g)(1) of this section, see section 3003 of Pub. L. 104-
66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance, and the 6th item on page 165 of House Document
No. 103-7.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-FOOTNOTE-
(!1) So in original. The period probably should be ", or".
(!2) So in original. The word "or" probably should not appear.
(!3) So in original.
(!4) So in original. The semicolon probably should be a comma.
(!5) So in original. The period probably should be a comma.
(!6) So in original. Probably should be "this section".
-End-
-CITE-
42 USC Sec. 7605 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7605. Representation in litigation
-STATUTE-
(a) Attorney General; attorneys appointed by Administrator
The Administrator shall request the Attorney General to appear
and represent him in any civil action instituted under this chapter
to which the Administrator is a party. Unless the Attorney General
notifies the Administrator that he will appear in such action,
within a reasonable time, attorneys appointed by the Administrator
shall appear and represent him.
(b) Memorandum of understanding regarding legal representation
In the event the Attorney General agrees to appear and represent
the Administrator in any such action, such representation shall be
conducted in accordance with, and shall include participation by,
attorneys appointed by the Administrator to the extent authorized
by, the memorandum of understanding between the Department of
Justice and the Environmental Protection Agency, dated June 13,
1977, respecting representation of the agency by the department in
civil litigation.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 305, as added Pub. L. 91-
604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 95-
95, title III, Sec. 304(a), Aug. 7, 1977, 91 Stat. 772.)
-COD-
CODIFICATION
Section was formerly classified to section 1857h-3 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 305 of act July 14, 1955, as added Nov. 21, 1967,
Pub. L. 90-148, Sec. 2, 81 Stat. 505, was renumbered section 312 by
Pub. L. 91-604 and is classified to section 7612 of this title.
Another prior section 305 of act July 14, 1955, ch. 360, title
III, formerly Sec. 12, as added Dec. 17, 1963, Pub. L. 88-206, Sec.
1, 77 Stat. 401, was renumbered section 305 by Pub. L. 89-272,
renumbered section 308 by Pub. L. 90-148, and renumbered section
315 by Pub. L. 91-604, and is classified to section 7615 of this
title.
AMENDMENTS
1977 - Pub. L. 95-95 designated existing provisions as subsec.
(a) and added subsec. (b).
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-End-
-CITE-
42 USC Sec. 7606 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7606. Federal procurement
-STATUTE-
(a) Contracts with violators prohibited
No Federal agency may enter into any contract with any person who
is convicted of any offense under section 7413(c) of this title for
the procurement of goods, materials, and services to perform such
contract at any facility at which the violation which gave rise to
such conviction occurred if such facility is owned, leased, or
supervised by such person. The prohibition in the preceding
sentence shall continue until the Administrator certifies that the
condition giving rise to such a conviction has been corrected. For
convictions arising under section 7413(c)(2) of this title, the
condition giving rise to the conviction also shall be considered to
include any substantive violation of this chapter associated with
the violation of 7413(c)(2) of this title. The Administrator may
extend this prohibition to other facilities owned or operated by
the convicted person.
(b) Notification procedures
The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes
of subsection (a) of this section.
(c) Federal agency contracts
In order to implement the purposes and policy of this chapter to
protect and enhance the quality of the Nation's air, the President
shall, not more than 180 days after December 31, 1970, cause to be
issued an order (1) requiring each Federal agency authorized to
enter into contracts and each Federal agency which is empowered to
extend Federal assistance by way of grant, loan, or contract to
effectuate the purpose and policy of this chapter in such
contracting or assistance activities, and (2) setting forth
procedures, sanctions, penalties, and such other provisions, as the
President determines necessary to carry out such requirement.
(d) Exemptions; notification to Congress
The President may exempt any contract, loan, or grant from all or
part of the provisions of this section where he determines such
exemption is necessary in the paramount interest of the United
States and he shall notify the Congress of such exemption.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 306, as added Pub. L. 91-
604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 101-
549, title VII, Sec. 705, Nov. 15, 1990, 104 Stat. 2682.)
-COD-
CODIFICATION
Subsec. (e) of this section, which required the President to
annually report to Congress on measures taken toward implementing
the purpose and intent of this section, terminated, effective May
15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
set out as a note under section 1113 of Title 31, Money and
Finance. See, also, the 14th item on page 20 of House Document No.
103-7.
Section was formerly classified to section 1857h-4 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 306 of act July 14, 1955, ch. 360, title III, as
added Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506, was
renumbered section 313 by Pub. L. 91-604 and is classified to
section 7613 of this title.
Another prior section 306 of act July 14, 1955, ch. 360, title
III, formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec.
1, 77 Stat. 401, renumbered Sec. 306, Oct. 20, 1965, Pub. L. 89-
272, title I, Sec. 101(4), 79 Stat. 992, renumbered Sec. 309, Nov.
21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506, renumbered Sec.
316, Dec. 31, 1970, Pub. L. 91-604, Sec. 12(a), 84 Stat. 1705,
related to appropriations and was classified to section 1857l of
this title, prior to repeal by section 306 of Pub. L. 95-95. See
section 7626 of this title.
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549 substituted "section 7413(c)"
for "section 7413(c)(1)" and inserted sentences at end relating to
convictions arising under section 7413(c)(2) of this title and
extension of prohibition to other facilities owned by convicted
persons.
FEDERAL ACQUISITION REGULATION: CONTRACTOR CERTIFICATION OR
CONTRACT CLAUSE FOR ACQUISITION OF COMMERCIAL ITEMS
Pub. L. 103-355, title VIII, Sec. 8301(g), Oct. 13, 1994, 108
Stat. 3397, provided that: "The Federal Acquisition Regulation may
not contain a requirement for a certification by a contractor under
a contract for the acquisition of commercial items, or a
requirement that such a contract include a contract clause, in
order to implement a prohibition or requirement of section 306 of
the Clean Air Act (42 U.S.C. 7606) or a prohibition or requirement
issued in the implementation of that section, since there is
nothing in such section 306 that requires such a certification or
contract clause."
-EXEC-
EXECUTIVE ORDER NO. 11602
Ex. Ord. No. 11602, June 29, 1971, 36 F.R. 12475, which related
to the administration of the Clean Air Act with respect to Federal
contracts, grants, or loans, was superseded by Ex. Ord. No. 11738,
Sept. 10, 1973, 38 F.R. 25161, set out below.
EX. ORD. NO. 11738. ADMINISTRATION OF THE CLEAN AIR ACT AND THE
FEDERAL WATER POLLUTION CONTROL ACT WITH RESPECT TO FEDERAL
CONTRACTS, GRANTS, OR LOANS
Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, provided:
By virtue of the authority vested in me by the provisions of the
Clean Air Act, as amended (42 U.S.C. 1857 et seq.) [42 U.S.C. 7401
et seq.], particularly section 306 of that Act as added by the
Clean Air Amendments of 1970 (Public Law 91-604) [this section],
and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), particularly section 508 of that Act as added by the Federal
Water Pollution Control Act Amendments of 1972 (Public Law 92-500)
[33 U.S.C. 1368], it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to
improve and enhance environmental quality. In furtherance of that
policy, the program prescribed in this Order is instituted to
assure that each Federal agency empowered to enter into contracts
for the procurement of goods, materials, or services and each
Federal agency empowered to extend Federal assistance by way of
grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective
enforcement of the Clean Air Act [this chapter] (hereinafter
referred to as "the Air Act") and the Federal Water Pollution
Control Act (hereinafter referred to as "the Water Act") [33 U.S.C.
1251 et seq.].
Sec. 2. Designation of Facilities. (a) The Administrator of the
Environmental Protection Agency (hereinafter referred to as "the
Administrator") shall be responsible for the attainment of the
purposes and objectives of this Order.
(b) In carrying out his responsibilities under this Order, the
Administrator shall, in conformity with all applicable requirements
of law, designate facilities which have given rise to a conviction
for an offense under section 113(c)(1) of the Air Act [42 U.S.C.
7413(c)(1)] or section 309(c) of the Water Act [33 U.S.C. 1319(c)].
The Administrator shall, from time to time, publish and circulate
to all Federal agencies lists of those facilities, together with
the names and addresses of the persons who have been convicted of
such offenses. Whenever the Administrator determines that the
condition which gave rise to a conviction has been corrected, he
shall promptly remove the facility and the name and address of the
person concerned from the list.
Sec. 3. Contracts, Grants, or Loans. (a) Except as provided in
section 8 of this Order, no Federal agency shall enter into any
contract for the procurement of goods, materials, or services which
is to be performed in whole or in part in a facility then
designated by the Administrator pursuant to section 2.
(b) Except as provided in section 8 of this Order, no Federal
agency authorized to extend Federal assistance by way of grant,
loan, or contract shall extend such assistance in any case in which
it is to be used to support any activity or program involving the
use of a facility then designated by the Administrator pursuant to
section 2.
Sec. 4. Procurement, Grant, and Loan Regulations. The Federal
Procurement Regulations, the Armed Services Procurement
Regulations, and to the extent necessary, any supplemental or
comparable regulations issued by any agency of the Executive Branch
shall, following consultation with the Administrator, be amended to
require, as a condition of entering into, renewing, or extending
any contract for the procurement of goods, materials, or services
or extending any assistance by way of grant, loan, or contract,
inclusion of a provision requiring compliance with the Air Act, the
Water Act, and standards issued pursuant thereto in the facilities
in which the contract is to be performed, or which are involved in
the activity or program to receive assistance.
Sec. 5. Rules and Regulations. The Administrator shall issue such
rules, regulations, standards, and guidelines as he may deem
necessary or appropriate to carry out the purposes of this Order.
Sec. 6. Cooperation and Assistance. The head of each Federal
agency shall take such steps as may be necessary to insure that all
officers and employees of this agency whose duties entail
compliance or comparable functions with respect to contracts,
grants, and loans are familiar with the provisions of this Order.
In addition to any other appropriate action, such officers and
employees shall report promptly any condition in a facility which
may involve noncompliance with the Air Act or the Water Act or any
rules, regulations, standards, or guidelines issued pursuant to
this Order to the head of the agency, who shall transmit such
reports to the Administrator.
Sec. 7. Enforcement. The Administrator may recommend to the
Department of Justice or other appropriate agency that legal
proceedings be brought or other appropriate action be taken
whenever he becomes aware of a breach of any provision required,
under the amendments issued pursuant to section 4 of this Order, to
be included in a contract or other agreement.
Sec. 8. Exemptions - Reports to Congress. (a) Upon a
determination that the paramount interest of the United States so
requires -
(1) The head of a Federal agency may exempt any contract, grant,
or loan, and, following consultation with the Administrator, any
class of contracts, grants or loans from the provisions of this
Order. In any such case, the head of the Federal agency granting
such exemption shall (A) promptly notify the Administrator of such
exemption and the justification therefor; (B) review the necessity
for each such exemption annually; and (C) report to the
Administrator annually all such exemptions in effect. Exemptions
granted pursuant to this section shall be for a period not to
exceed one year. Additional exemptions may be granted for periods
not to exceed one year upon the making of a new determination by
the head of the Federal agency concerned.
(2) The Administrator may, by rule or regulation, exempt any or
all Federal agencies from any or all of the provisions of this
Order with respect to any class or classes of contracts, grants, or
loans, which (A) involve less than specified dollar amounts, or (B)
have a minimal potential impact upon the environment, or (C)
involve persons who are not prime contractors or direct recipients
of Federal assistance by way of contracts, grants, or loans.
(b) Federal agencies shall reconsider any exemption granted under
subsection (a) whenever requested to do so by the Administrator.
(c) The Administrator shall annually notify the President and the
Congress of all exemptions granted, or in effect, under this Order
during the preceding year.
Sec. 9. Related Actions. The imposition of any sanction or
penalty under or pursuant to this Order shall not relieve any
person of any legal duty to comply with any provisions of the Air
Act or the Water Act.
Sec. 10. Applicability. This Order shall not apply to contracts,
grants, or loans involving the use of facilities located outside
the United States.
Sec. 11. Uniformity. Rules, regulations, standards, and
guidelines issued pursuant to this order and section 508 of the
Water Act [33 U.S.C. 1368] shall, to the maximum extent feasible,
be uniform with regulations issued pursuant to this order,
Executive Order No. 11602 of June 29, 1971 [formerly set out
above], and section 306 of the Air Act [this section].
Sec. 12. Order Superseded. Executive Order No. 11602 of June 29,
1971, is hereby superseded.
Richard Nixon.
-End-
-CITE-
42 USC Sec. 7607 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7607. Administrative proceedings and judicial review
-STATUTE-
(a) Administrative subpenas; confidentiality; witnesses
In connection with any determination under section 7410(f) of
this title, or for purposes of obtaining information under section
7521(b)(4) (!1) or 7545(c)(3) of this title, any investigation,
monitoring, reporting requirement, entry, compliance inspection, or
administrative enforcement proceeding under the (!2) chapter
(including but not limited to section 7413, section 7414, section
7420, section 7429, section 7477, section 7524, section 7525,
section 7542, section 7603, or section 7606 of this title),,(!3)
the Administrator may issue subpenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, and documents, and he may administer oaths. Except for
emission data, upon a showing satisfactory to the Administrator by
such owner or operator that such papers, books, documents, or
information or particular part thereof, if made public, would
divulge trade secrets or secret processes of such owner or
operator, the Administrator shall consider such record, report, or
information or particular portion thereof confidential in
accordance with the purposes of section 1905 of title 18, except
that such paper, book, document, or information may be disclosed to
other officers, employees, or authorized representatives of the
United States concerned with carrying out this chapter, to persons
carrying out the National Academy of Sciences' study and
investigation provided for in section 7521(c) of this title, or
when relevant in any proceeding under this chapter. Witnesses
summoned shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States. In case of contumacy
or refusal to obey a subpena served upon any person under this
subparagraph,(!4) the district court of the United States for any
district in which such person is found or resides or transacts
business, upon application by the United States and after notice to
such person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Administrator
to appear and produce papers, books, and documents before the
Administrator, or both, and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(b) Judicial review
(1) A petition for review of action of the Administrator in
promulgating any national primary or secondary ambient air quality
standard, any emission standard or requirement under section 7412
of this title, any standard of performance or requirement under
section 7411 of this title,,(!3) any standard under section 7521 of
this title (other than a standard required to be prescribed under
section 7521(b)(1) of this title), any determination under section
7521(b)(5) (!1) of this title, any control or prohibition under
section 7545 of this title, any standard under section 7571 of this
title, any rule issued under section 7413, 7419, or under section
7420 of this title, or any other nationally applicable regulations
promulgated, or final action taken, by the Administrator under this
chapter may be filed only in the United States Court of Appeals for
the District of Columbia. A petition for review of the
Administrator's action in approving or promulgating any
implementation plan under section 7410 of this title or section
7411(d) of this title, any order under section 7411(j) of this
title, under section 7412 of this title, under section 7419 of this
title, or under section 7420 of this title, or his action under
section 1857c-10(c)(2)(A), (B), or (C) of this title (as in effect
before August 7, 1977) or under regulations thereunder, or revising
regulations for enhanced monitoring and compliance certification
programs under section 7414(a)(3) of this title, or any other final
action of the Administrator under this chapter (including any
denial or disapproval by the Administrator under subchapter I of
this chapter) which is locally or regionally applicable may be
filed only in the United States Court of Appeals for the
appropriate circuit. Notwithstanding the preceding sentence a
petition for review of any action referred to in such sentence may
be filed only in the United States Court of Appeals for the
District of Columbia if such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such
a determination. Any petition for review under this subsection
shall be filed within sixty days from the date notice of such
promulgation, approval, or action appears in the Federal Register,
except that if such petition is based solely on grounds arising
after such sixtieth day, then any petition for review under this
subsection shall be filed within sixty days after such grounds
arise. The filing of a petition for reconsideration by the
Administrator of any otherwise final rule or action shall not
affect the finality of such rule or action for purposes of judicial
review nor extend the time within which a petition for judicial
review of such rule or action under this section may be filed, and
shall not postpone the effectiveness of such rule or action.
(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) shall not be subject
to judicial review in civil or criminal proceedings for
enforcement. Where a final decision by the Administrator defers
performance of any nondiscretionary statutory action to a later
time, any person may challenge the deferral pursuant to paragraph
(1).
(c) Additional evidence
In any judicial proceeding in which review is sought of a
determination under this chapter required to be made on the record
after notice and opportunity for hearing, if any party applies to
the court for leave to adduce additional evidence, and shows to the
satisfaction of the court that such additional evidence is material
and that there were reasonable grounds for the failure to adduce
such evidence in the proceeding before the Administrator, the court
may order such additional evidence (and evidence in rebuttal
thereof) to be taken before the Administrator, in such manner and
upon such terms and conditions as to (!5) the court may deem
proper. The Administrator may modify his findings as to the facts,
or make new findings, by reason of the additional evidence so taken
and he shall file such modified or new findings, and his
recommendation, if any, for the modification or setting aside of
his original determination, with the return of such additional
evidence.
(d) Rulemaking
(1) This subsection applies to -
(A) the promulgation or revision of any national ambient air
quality standard under section 7409 of this title,
(B) the promulgation or revision of an implementation plan by
the Administrator under section 7410(c) of this title,
(C) the promulgation or revision of any standard of performance
under section 7411 of this title, or emission standard or
limitation under section 7412(d) of this title, any standard
under section 7412(f) of this title, or any regulation under
section 7412(g)(1)(D) and (F) of this title, or any regulation
under section 7412(m) or (n) of this title,
(D) the promulgation of any requirement for solid waste
combustion under section 7429 of this title,
(E) the promulgation or revision of any regulation pertaining
to any fuel or fuel additive under section 7545 of this title,
(F) the promulgation or revision of any aircraft emission
standard under section 7571 of this title,
(G) the promulgation or revision of any regulation under
subchapter IV-A of this chapter (relating to control of acid
deposition),
(H) promulgation or revision of regulations pertaining to
primary nonferrous smelter orders under section 7419 of this
title (but not including the granting or denying of any such
order),
(I) promulgation or revision of regulations under subchapter VI
of this chapter (relating to stratosphere and ozone protection),
(J) promulgation or revision of regulations under part C of
subchapter I of this chapter (relating to prevention of
significant deterioration of air quality and protection of
visibility),
(K) promulgation or revision of regulations under section 7521
of this title and test procedures for new motor vehicles or
engines under section 7525 of this title, and the revision of a
standard under section 7521(a)(3) of this title,
(L) promulgation or revision of regulations for noncompliance
penalties under section 7420 of this title,
(M) promulgation or revision of any regulations promulgated
under section 7541 of this title (relating to warranties and
compliance by vehicles in actual use),
(N) action of the Administrator under section 7426 of this
title (relating to interstate pollution abatement),
(O) the promulgation or revision of any regulation pertaining
to consumer and commercial products under section 7511b(e) of
this title,
(P) the promulgation or revision of any regulation pertaining
to field citations under section 7413(d)(3) of this title,
(Q) the promulgation or revision of any regulation pertaining
to urban buses or the clean-fuel vehicle, clean-fuel fleet, and
clean fuel programs under part C of subchapter II of this
chapter,
(R) the promulgation or revision of any regulation pertaining
to nonroad engines or nonroad vehicles under section 7547 of this
title,
(S) the promulgation or revision of any regulation relating to
motor vehicle compliance program fees under section 7552 of this
title,
(T) the promulgation or revision of any regulation under
subchapter IV-A of this chapter (relating to acid deposition),
(U) the promulgation or revision of any regulation under
section 7511b(f) of this title pertaining to marine vessels, and
(V) such other actions as the Administrator may determine.
The provisions of section 553 through 557 and section 706 of title
5 shall not, except as expressly provided in this subsection, apply
to actions to which this subsection applies. This subsection shall
not apply in the case of any rule or circumstance referred to in
subparagraphs (A) or (B) of subsection 553(b) of title 5.
(2) Not later than the date of proposal of any action to which
this subsection applies, the Administrator shall establish a
rulemaking docket for such action (hereinafter in this subsection
referred to as a "rule"). Whenever a rule applies only within a
particular State, a second (identical) docket shall be
simultaneously established in the appropriate regional office of
the Environmental Protection Agency.
(3) In the case of any rule to which this subsection applies,
notice of proposed rulemaking shall be published in the Federal
Register, as provided under section 553(b) of title 5, shall be
accompanied by a statement of its basis and purpose and shall
specify the period available for public comment (hereinafter
referred to as the "comment period"). The notice of proposed
rulemaking shall also state the docket number, the location or
locations of the docket, and the times it will be open to public
inspection. The statement of basis and purpose shall include a
summary of -
(A) the factual data on which the proposed rule is based;
(B) the methodology used in obtaining the data and in analyzing
the data; and
(C) the major legal interpretations and policy considerations
underlying the proposed rule.
The statement shall also set forth or summarize and provide a
reference to any pertinent findings, recommendations, and comments
by the Scientific Review Committee established under section
7409(d) of this title and the National Academy of Sciences, and, if
the proposal differs in any important respect from any of these
recommendations, an explanation of the reasons for such
differences. All data, information, and documents referred to in
this paragraph on which the proposed rule relies shall be included
in the docket on the date of publication of the proposed rule.
(4)(A) The rulemaking docket required under paragraph (2) shall
be open for inspection by the public at reasonable times specified
in the notice of proposed rulemaking. Any person may copy documents
contained in the docket. The Administrator shall provide copying
facilities which may be used at the expense of the person seeking
copies, but the Administrator may waive or reduce such expenses in
such instances as the public interest requires. Any person may
request copies by mail if the person pays the expenses, including
personnel costs to do the copying.
(B)(i) Promptly upon receipt by the agency, all written comments
and documentary information on the proposed rule received from any
person for inclusion in the docket during the comment period shall
be placed in the docket. The transcript of public hearings, if any,
on the proposed rule shall also be included in the docket promptly
upon receipt from the person who transcribed such hearings. All
documents which become available after the proposed rule has been
published and which the Administrator determines are of central
relevance to the rulemaking shall be placed in the docket as soon
as possible after their availability.
(ii) The drafts of proposed rules submitted by the Administrator
to the Office of Management and Budget for any interagency review
process prior to proposal of any such rule, all documents
accompanying such drafts, and all written comments thereon by other
agencies and all written responses to such written comments by the
Administrator shall be placed in the docket no later than the date
of proposal of the rule. The drafts of the final rule submitted for
such review process prior to promulgation and all such written
comments thereon, all documents accompanying such drafts, and
written responses thereto shall be placed in the docket no later
than the date of promulgation.
(5) In promulgating a rule to which this subsection applies (i)
the Administrator shall allow any person to submit written
comments, data, or documentary information; (ii) the Administrator
shall give interested persons an opportunity for the oral
presentation of data, views, or arguments, in addition to an
opportunity to make written submissions; (iii) a transcript shall
be kept of any oral presentation; and (iv) the Administrator shall
keep the record of such proceeding open for thirty days after
completion of the proceeding to provide an opportunity for
submission of rebuttal and supplementary information.
(6)(A) The promulgated rule shall be accompanied by (i) a
statement of basis and purpose like that referred to in paragraph
(3) with respect to a proposed rule and (ii) an explanation of the
reasons for any major changes in the promulgated rule from the
proposed rule.
(B) The promulgated rule shall also be accompanied by a response
to each of the significant comments, criticisms, and new data
submitted in written or oral presentations during the comment
period.
(C) The promulgated rule may not be based (in part or whole) on
any information or data which has not been placed in the docket as
of the date of such promulgation.
(7)(A) The record for judicial review shall consist exclusively
of the material referred to in paragraph (3), clause (i) of
paragraph (4)(B), and subparagraphs (A) and (B) of paragraph (6).
(B) Only an objection to a rule or procedure which was raised
with reasonable specificity during the period for public comment
(including any public hearing) may be raised during judicial
review. If the person raising an objection can demonstrate to the
Administrator that it was impracticable to raise such objection
within such time or if the grounds for such objection arose after
the period for public comment (but within the time specified for
judicial review) and if such objection is of central relevance to
the outcome of the rule, the Administrator shall convene a
proceeding for reconsideration of the rule and provide the same
procedural rights as would have been afforded had the information
been available at the time the rule was proposed. If the
Administrator refuses to convene such a proceeding, such person may
seek review of such refusal in the United States court of appeals
for the appropriate circuit (as provided in subsection (b) of this
section). Such reconsideration shall not postpone the effectiveness
of the rule. The effectiveness of the rule may be stayed during
such reconsideration, however, by the Administrator or the court
for a period not to exceed three months.
(8) The sole forum for challenging procedural determinations made
by the Administrator under this subsection shall be in the United
States court of appeals for the appropriate circuit (as provided in
subsection (b) of this section) at the time of the substantive
review of the rule. No interlocutory appeals shall be permitted
with respect to such procedural determinations. In reviewing
alleged procedural errors, the court may invalidate the rule only
if the errors were so serious and related to matters of such
central relevance to the rule that there is a substantial
likelihood that the rule would have been significantly changed if
such errors had not been made.
(9) In the case of review of any action of the Administrator to
which this subsection applies, the court may reverse any such
action found to be -
(A) arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law;
(B) contrary to constitutional right, power, privilege, or
immunity;
(C) in excess of statutory jurisdiction, authority, or
limitations, or short of statutory right; or
(D) without observance of procedure required by law, if (i)
such failure to observe such procedure is arbitrary or
capricious, (ii) the requirement of paragraph (7)(B) has been
met, and (iii) the condition of the last sentence of paragraph
(8) is met.
(10) Each statutory deadline for promulgation of rules to which
this subsection applies which requires promulgation less than six
months after date of proposal may be extended to not more than six
months after date of proposal by the Administrator upon a
determination that such extension is necessary to afford the
public, and the agency, adequate opportunity to carry out the
purposes of this subsection.
(11) The requirements of this subsection shall take effect with
respect to any rule the proposal of which occurs after ninety days
after August 7, 1977.
(e) Other methods of judicial review not authorized
Nothing in this chapter shall be construed to authorize judicial
review of regulations or orders of the Administrator under this
chapter, except as provided in this section.
(f) Costs
In any judicial proceeding under this section, the court may
award costs of litigation (including reasonable attorney and expert
witness fees) whenever it determines that such award is
appropriate.
(g) Stay, injunction, or similar relief in proceedings relating to
noncompliance penalties
In any action respecting the promulgation of regulations under
section 7420 of this title or the administration or enforcement of
section 7420 of this title no court shall grant any stay,
injunctive, or similar relief before final judgment by such court
in such action.
(h) Public participation
It is the intent of Congress that, consistent with the policy of
subchapter II of chapter 5 of title 5, the Administrator in
promulgating any regulation under this chapter, including a
regulation subject to a deadline, shall ensure a reasonable period
for public participation of at least 30 days, except as otherwise
expressly provided in section (!6) 7407(d), 7502(a), 7511(a) and
(b), and 7512(a) and (b) of this title.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 307, as added Pub. L. 91-
604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 92-
157, title III, Sec. 302(a), Nov. 18, 1971, 85 Stat. 464; Pub. L.
93-319, Sec. 6(c), June 22, 1974, 88 Stat. 259; Pub. L. 95-95,
title III, Secs. 303(d), 305(a), (c), (f)-(h), Aug. 7, 1977, 91
Stat. 772, 776, 777; Pub. L. 95-190, Sec. 14(a)(79), (80), Nov. 16,
1977, 91 Stat. 1404; Pub. L. 101-549, title I, Secs. 108(p),
110(5), title III, Sec. 302(g), (h), title VII, Secs. 702(c), 703,
706, 707(h), 710(b), Nov. 15, 1990, 104 Stat. 2469, 2470, 2574,
2681-2684.)
-REFTEXT-
REFERENCES IN TEXT
Section 7521(b)(4) of this title, referred to in subsec. (a), was
repealed by Pub. L. 101-549, title II, Sec. 230(2), Nov. 15, 1990,
104 Stat. 2529.
Section 7521(b)(5) of this title, referred to in subsec. (b)(1),
was repealed by Pub. L. 101-549, title II, Sec. 230(3), Nov. 15,
1990, 104 Stat. 2529.
Section 1857c-10(c)(2)(A), (B), or (C) of this title (as in
effect before August 7, 1977), referred to in subsec. (b)(1), was
in the original "section 119(c)(2)(A), (B), or (C) (as in effect
before the date of enactment of the Clean Air Act Amendments of
1977)", meaning section 119 of act July 14, 1955, ch. 360, title I,
as added June 22, 1974, Pub. L. 93-319, Sec. 3, 88 Stat. 248,
(which was classified to section 1857c-10 of this title) as in
effect prior to the enactment of Pub. L. 95-95, Aug. 7, 1977, 91
Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of Pub. L. 95-
95 repealed section 119 of act July 14, 1955, ch. 360, title I, as
added by Pub. L. 93-319, and provided that all references to such
section 119 in any subsequent enactment which supersedes Pub. L. 93-
319 shall be construed to refer to section 113(d) of the Clean Air
Act and to paragraph (5) thereof in particular which is classified
to subsec. (d)(5) of section 7413 of this title. Section 7413(d) of
this title was subsequently amended generally by Pub. L. 101-549,
title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and, as so
amended, no longer relates to final compliance orders. Section
117(b) of Pub. L. 95-95 added a new section 119 of act July 14,
1955, which is classified to section 7419 of this title.
Part C of subchapter I of this chapter, referred to in subsec.
(d)(1)(J), was in the original "subtitle C of title I", and was
translated as reading "part C of title I" to reflect the probable
intent of Congress, because title I does not contain subtitles.
-COD-
CODIFICATION
In subsec. (h), "subchapter II of chapter 5 of title 5" was
substituted for "the Administrative Procedures Act" on authority of
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and
Employees.
Section was formerly classified to section 1857h-5 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 307 of act July 14, 1955, was renumbered section
314 by Pub. L. 91-604 and is classified to section 7614 of this
title.
Another prior section 307 of act July 14, 1955, ch. 360, title
III, formerly Sec. 14, as added Dec. 17, 1963, Pub. L. 88-206, Sec.
1, 77 Stat. 401, was renumbered section 307 by Pub. L. 89-272,
renumbered section 310 by Pub. L. 90-148, and renumbered section
317 by Pub. L. 91-604, and is set out as a Short Title note under
section 7401 of this title.
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-549, Sec. 703, struck out par.
(1) designation at beginning, inserted provisions authorizing
issuance of subpoenas and administration of oaths for purposes of
investigations, monitoring, reporting requirements, entries,
compliance inspections, or administrative enforcement proceedings
under this chapter, and struck out "or section 7521(b)(5)" after
"section 7410(f)".
Subsec. (b)(1). Pub. L. 101-549, Sec. 706(2), which directed
amendment of second sentence by striking "under section 7413(d) of
this title" immediately before "under section 7419 of this title",
was executed by striking "under section 7413(d) of this title,"
before "under section 7419 of this title", to reflect the probable
intent of Congress.
Pub. L. 101-549, Sec. 706(1), inserted at end: "The filing of a
petition for reconsideration by the Administrator of any otherwise
final rule or action shall not affect the finality of such rule or
action for purposes of judicial review nor extend the time within
which a petition for judicial review of such rule or action under
this section may be filed, and shall not postpone the effectiveness
of such rule or action."
Pub. L. 101-549, Sec. 702(c), inserted "or revising regulations
for enhanced monitoring and compliance certification programs under
section 7414(a)(3) of this title," before "or any other final
action of the Administrator".
Pub. L. 101-549, Sec. 302(g), substituted "section 7412" for
"section 7412(c)".
Subsec. (b)(2). Pub. L. 101-549, Sec. 707(h), inserted sentence
at end authorizing challenge to deferrals of performance of
nondiscretionary statutory actions.
Subsec. (d)(1)(C). Pub. L. 101-549, Sec. 110(5)(A), amended
subpar. (C) generally. Prior to amendment, subpar. (C) read as
follows: "the promulgation or revision of any standard of
performance under section 7411 of this title or emission standard
under section 7412 of this title,".
Subsec. (d)(1)(D), (E). Pub. L. 101-549, Sec. 302(h), added
subpar. (D) and redesignated former subpar. (D) as (E). Former
subpar. (E) redesignated (F).
Subsec. (d)(1)(F). Pub. L. 101-549, Sec. 302(h), redesignated
subpar. (E) as (F). Former subpar. (F) redesignated (G).
Pub. L. 101-549, Sec. 110(5)(B), amended subpar. (F) generally.
Prior to amendment, subpar. (F) read as follows: "promulgation or
revision of regulations pertaining to orders for coal conversion
under section 7413(d)(5) of this title (but not including orders
granting or denying any such orders),".
Subsec. (d)(1)(G), (H). Pub. L. 101-549, Sec. 302(h),
redesignated subpars. (F) and (G) as (G) and (H), respectively.
Former subpar. (H) redesignated (I).
Subsec. (d)(1)(I). Pub. L. 101-549, Sec. 710(b), which directed
that subpar. (H) be amended by substituting "subchapter VI of this
chapter" for "part B of subchapter I of this chapter", was executed
by making the substitution in subpar. (I), to reflect the probable
intent of Congress and the intervening redesignation of subpar. (H)
as (I) by Pub. L. 101-549, Sec. 302(h), see below.
Pub. L. 101-549, Sec. 302(h), redesignated subpar. (H) as (I).
Former subpar. (I) redesignated (J).
Subsec. (d)(1)(J) to (M). Pub. L. 101-549, Sec. 302(h),
redesignated subpars. (I) to (L) as (J) to (M), respectively.
Former subpar. (M) redesignated (N).
Subsec. (d)(1)(N). Pub. L. 101-549, Sec. 302(h), redesignated
subpar. (M) as (N). Former subpar. (N) redesignated (O).
Pub. L. 101-549, Sec. 110(5)(C), added subpar. (N) and
redesignated former subpar. (N) as (U).
Subsec. (d)(1)(O) to (T). Pub. L. 101-549, Sec. 302(h),
redesignated subpars. (N) to (S) as (O) to (T), respectively.
Former subpar. (T) redesignated (U).
Pub. L. 101-549, Sec. 110(5)(C), added subpars. (O) to (T).
Subsec. (d)(1)(U). Pub. L. 101-549, Sec. 302(h), redesignated
subpar. (T) as (U). Former subpar. (U) redesignated (V).
Pub. L. 101-549, Sec. 110(5)(C), redesignated former subpar. (N)
as (U).
Subsec. (d)(1)(V). Pub. L. 101-549, Sec. 302(h), redesignated
subpar. (U) as (V).
Subsec. (h). Pub. L. 101-549, Sec. 108(p), added subsec. (h).
1977 - Subsec. (b)(1). Pub. L. 95-190 in text relating to filing
of petitions for review in the United States Court of Appeals for
the District of Columbia inserted provision respecting requirements
under sections 7411 and 7412 of this title, and substituted
provisions authorizing review of any rule issued under section
7413, 7419, or 7420 of this title, for provisions authorizing
review of any rule or order issued under section 7420 of this
title, relating to noncompliance penalties, and in text relating to
filing of petitions for review in the United States Court of
Appeals for the appropriate circuit inserted provision respecting
review under section 7411(j), 7412(c), 7413(d), or 7419 of this
title, provision authorizing review under section 1857c-
10(c)(2)(A), (B), or (C) to the period prior to Aug. 7, 1977, and
provisions authorizing review of denials or disapprovals by the
Administrator under subchapter I of this chapter.
Pub. L. 95-95, Sec. 305(c), (h), inserted rules or orders issued
under section 7420 of this title (relating to noncompliance
penalties) and any other nationally applicable regulations
promulgated, or final action taken, by the Administrator under this
chapter to the enumeration of actions of the Administrator for
which a petition for review may be filed only in the United States
Court of Appeals for the District of Columbia, added the approval
or promulgation by the Administrator of orders under section 7420
of this title, or any other final action of the Administrator under
this chapter which is locally or regionally applicable to the
enumeration of actions by the Administrator for which a petition
for review may be filed only in the United States Court of Appeals
for the appropriate circuit, inserted provision that petitions
otherwise capable of being filed in the Court of Appeals for the
appropriate circuit may be filed only in the Court of Appeals for
the District of Columbia if the action is based on a determination
of nationwide scope, and increased from 30 days to 60 days the
period during which the petition must be filed.
Subsec. (d). Pub. L. 95-95, Sec. 305(a), added subsec. (d).
Subsec. (e). Pub. L. 95-95, Sec. 303(d), added subsec. (e).
Subsec. (f). Pub. L. 95-95, Sec. 305(f), added subsec. (f).
Subsec. (g). Pub. L. 95-95, Sec. 305(g), added subsec. (g).
1974 - Subsec. (b)(1). Pub. L. 93-319 inserted reference to the
Administrator's action under section 1857c-10(c)(2)(A), (B), or (C)
of this title or under regulations thereunder and substituted
reference to the filing of a petition within 30 days from the date
of promulgation, approval, or action for reference to the filing of
a petition within 30 days from the date of promulgation or
approval.
1971 - Subsec. (a)(1). Pub. L. 92-157 substituted reference to
section "7545(c)(3)" for "7545(c)(4)" of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or
against the Administrator or any other officer or employee of the
United States in his official capacity or in relation to the
discharge of his official duties under act July 14, 1955, the Clean
Air Act, as in effect immediately prior to the enactment of Pub. L.
95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
an Effective Date of 1977 Amendment note under section 7401 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be "this".
(!3) So in original.
(!4) So in original. Probably should be "subsection,".
(!5) So in original. The word "to" probably should not appear.
(!6) So in original. Probably should be "sections".
-End-
-CITE-
42 USC Sec. 7608 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7608. Mandatory licensing
-STATUTE-
Whenever the Attorney General determines, upon application of the
Administrator -
(1) that -
(A) in the implementation of the requirements of section
7411, 7412, or 7521 of this title, a right under any United
States letters patent, which is being used or intended for
public or commercial use and not otherwise reasonably
available, is necessary to enable any person required to comply
with such limitation to so comply, and
(B) there are no reasonable alternative methods to accomplish
such purpose, and
(2) that the unavailability of such right may result in a
substantial lessening of competition or tendency to create a
monopoly in any line of commerce in any section of the country,
the Attorney General may so certify to a district court of the
United States, which may issue an order requiring the person who
owns such patent to license it on such reasonable terms and
conditions as the court, after hearing, may determine. Such
certification may be made to the district court for the district in
which the person owning the patent resides, does business, or is
found.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 308, as added Pub. L. 91-
604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1708.)
-COD-
CODIFICATION
Section was formerly classified to section 1857h-6 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 308 of act July 14, 1955, was renumbered section
315 by Pub. L. 91-604 and is classified to section 7615 of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-End-
-CITE-
42 USC Sec. 7609 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7609. Policy review
-STATUTE-
(a) Environmental impact
The Administrator shall review and comment in writing on the
environmental impact of any matter relating to duties and
responsibilities granted pursuant to this chapter or other
provisions of the authority of the Administrator, contained in any
(1) legislation proposed by any Federal department or agency, (2)
newly authorized Federal projects for construction and any major
Federal agency action (other than a project for construction) to
which section 4332(2)(C) of this title applies, and (3) proposed
regulations published by any department or agency of the Federal
Government. Such written comment shall be made public at the
conclusion of any such review.
(b) Unsatisfactory legislation, action, or regulation
In the event the Administrator determines that any such
legislation, action, or regulation is unsatisfactory from the
standpoint of public health or welfare or environmental quality, he
shall publish his determination and the matter shall be referred to
the Council on Environmental Quality.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 309, as added Pub. L. 91-
604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1709.)
-COD-
CODIFICATION
Section was formerly classified to section 1857h-7 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 309 of act July 14, 1955, ch. 360, title III,
formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1,
77 Stat. 401; renumbered Sec. 306, Oct. 20, 1965, Pub. L. 89-272,
title I, Sec. 101(4), 79 Stat. 992; renumbered Sec. 309, Nov. 21,
1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506; renumbered Sec. 316,
Dec. 31, 1970, Pub. L. 91-604, Sec. 12(a), 84 Stat. 1705, related
to appropriations and was classified to section 1857l of this
title, prior to repeal by section 306 of Pub. L. 95-95. See section
7626 of this title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-End-
-CITE-
42 USC Sec. 7610 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7610. Other authority
-STATUTE-
(a) Authority and responsibilities under other laws not affected
Except as provided in subsection (b) of this section, this
chapter shall not be construed as superseding or limiting the
authorities and responsibilities, under any other provision of law,
of the Administrator or any other Federal officer, department, or
agency.
(b) Nonduplication of appropriations
No appropriation shall be authorized or made under section 241,
243, or 246 of this title for any fiscal year after the fiscal year
ending June 30, 1964, for any purpose for which appropriations may
be made under authority of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 310, formerly Sec. 10, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;
renumbered Sec. 303, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,
1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,
81 Stat. 505; renumbered Sec. 310 and amended Pub. L. 91-604, Secs.
12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)
-COD-
CODIFICATION
Section was formerly classified to section 1857i of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 310 of act July 14, 1955, was renumbered section
317 by Pub. L. 91-604 and is set out as a Short Title note under
section 7401 of this title.
Provisions similar to those in subsec. (a) of this section were
contained in section 1857f of this title, act July 14, 1955, ch.
360, Sec. 7, 69 Stat. 323, prior to the general amendment of this
chapter by Pub. L. 88-206.
AMENDMENTS
1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
"Administrator" for "Secretary".
1967 - Subsec. (b). Pub. L. 90-148 substituted reference to
section 246 of this title for reference to section 246(c) of this
title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-End-
-CITE-
42 USC Sec. 7611 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7611. Records and audit
-STATUTE-
(a) Recipients of assistance to keep prescribed records
Each recipient of assistance under this chapter shall keep such
records as the Administrator shall prescribe, including records
which fully disclose the amount and disposition by such recipient
of the proceeds of such assistance, the total cost of the project
or undertaking in connection with which such assistance is given or
used, and the amount of that portion of the cost of the project or
undertaking supplied by other sources, and such other records as
will facilitate an effective audit.
(b) Audits
The Administrator and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have
access for the purpose of audit and examinations to any books,
documents, papers, and records of the recipients that are pertinent
to the grants received under this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 311, formerly Sec. 11, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;
renumbered Sec. 304, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,
1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,
81 Stat. 505; renumbered Sec. 311 and amended Pub. L. 91-604, Secs.
12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)
-COD-
CODIFICATION
Section was formerly classified to section 1857j of this title.
-MISC1-
AMENDMENTS
1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"
for "Secretary" and "Secretary of Health, Education, and Welfare".
1967 - Pub. L. 90-148 reenacted section without change.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
DELEGATIONS, AND OTHER ACTIONS
All rules, regulations, orders, determinations, contracts,
certifications, authorizations, delegations, or other actions duly
issued, made, or taken by or pursuant to act July 14, 1955, the
Clean Air Act, as in effect immediately prior to the date of
enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
and effect until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
Amendment note under section 7401 of this title.
-End-
-CITE-
42 USC Sec. 7612 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7612. Economic impact analyses
-STATUTE-
(a) Cost-benefit analysis
The Administrator, in consultation with the Secretary of
Commerce, the Secretary of Labor, and the Council on Clean Air
Compliance Analysis (as established under subsection (f) of this
section), shall conduct a comprehensive analysis of the impact of
this chapter on the public health, economy, and environment of the
United States. In performing such analysis, the Administrator
should consider the costs, benefits and other effects associated
with compliance with each standard issued for -
(1) a criteria air pollutant subject to a standard issued under
section 7409 of this title;
(2) a hazardous air pollutant listed under section 7412 of this
title, including any technology-based standard and any risk-based
standard for such pollutant;
(3) emissions from mobile sources regulated under subchapter II
of this chapter;
(4) a limitation under this chapter for emissions of sulfur
dioxide or nitrogen oxides;
(5) a limitation under subchapter VI of this chapter on the
production of any ozone-depleting substance; and
(6) any other section of this chapter.
(b) Benefits
In describing the benefits of a standard described in subsection
(a) of this section, the Administrator shall consider all of the
economic, public health, and environmental benefits of efforts to
comply with such standard. In any case where numerical values are
assigned to such benefits, a default assumption of zero value shall
not be assigned to such benefits unless supported by specific data.
The Administrator shall assess how benefits are measured in order
to assure that damage to human health and the environment is more
accurately measured and taken into account.
(c) Costs
In describing the costs of a standard described in subsection (a)
of this section, the Administrator shall consider the effects of
such standard on employment, productivity, cost of living, economic
growth, and the overall economy of the United States.
(d) Initial report
Not later than 12 months after November 15, 1990, the
Administrator, in consultation with the Secretary of Commerce, the
Secretary of Labor, and the Council on Clean Air Compliance
Analysis, shall submit a report to the Congress that summarizes the
results of the analysis described in subsection (a) of this
section, which reports -
(1) all costs incurred previous to November 15, 1990, in the
effort to comply with such standards; and
(2) all benefits that have accrued to the United States as a
result of such costs.
(e) Omitted
(f) Appointment of Advisory Council on Clean Air Compliance
Analysis
Not later than 6 months after November 15, 1990, the
Administrator, in consultation with the Secretary of Commerce and
the Secretary of Labor, shall appoint an Advisory Council on Clean
Air Compliance Analysis of not less than nine members (hereafter in
this section referred to as the "Council"). In appointing such
members, the Administrator shall appoint recognized experts in the
fields of the health and environmental effects of air pollution,
economic analysis, environmental sciences, and such other fields
that the Administrator determines to be appropriate.
(g) Duties of Advisory Council
The Council shall -
(1) review the data to be used for any analysis required under
this section and make recommendations to the Administrator on the
use of such data;
(2) review the methodology used to analyze such data and make
recommendations to the Administrator on the use of such
methodology; and
(3) prior to the issuance of a report required under subsection
(d) or (e) of this section, review the findings of such report,
and make recommendations to the Administrator concerning the
validity and utility of such findings.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 312, formerly Sec. 305, as
added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 505;
renumbered Sec. 312 and amended Pub. L. 91-604, Secs. 12(a),
15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713; Pub. L. 95-95, title
II, Sec. 224(c), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101-549, title
VIII, Sec. 812(a), Nov. 15, 1990, 104 Stat. 2691.)
-COD-
CODIFICATION
Subsec. (e) of this section, which required the Administrator, in
consultation with the Secretary of Commerce, the Secretary of
Labor, and the Council on Clean Air Compliance Analysis, to submit
a report to Congress that updates the report issued pursuant to
subsec. (d) of this section, and which, in addition, makes
projections into the future regarding expected costs, benefits, and
other effects of compliance with standards pursuant to this chapter
as listed in subsec. (a) of this section, terminated, effective May
15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
set out as a note under section 1113 of Title 31, Money and
Finance. See, also, the 4th item on page 163 of House Document No.
103-7.
Section was formerly classified to section 1857j-1 of this title.
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
detailed cost estimate, comprehensive cost and economic impact
studies, and annual reevaluation; in subsec. (b), personnel study
and report to President and Congress; and in subsec. (c), cost-
effectiveness analyses.
1977 - Subsec. (c). Pub. L. 95-95 added subsec. (c).
1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"
for "Secretary" wherever appearing.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
set out as a note under section 7401 of this title.
TERMINATION OF ADVISORY COUNCILS
Advisory councils established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a council
established by the President or an officer of the Federal
Government, such council is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a council
established by Congress, its duration is otherwise provided by law.
See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
EQUIVALENT AIR QUALITY CONTROLS AMONG TRADING NATIONS
Section 811 of Pub. L. 101-549 provided that:
"(a) Findings. - The Congress finds that -
"(1) all nations have the responsibility to adopt and enforce
effective air quality standards and requirements and the United
States, in enacting this Act [see Tables for classification], is
carrying out its responsibility in this regard;
"(2) as a result of complying with this Act, businesses in the
United States will make significant capital investments and incur
incremental costs in implementing control technology standards;
"(3) such compliance may impair the competitiveness of certain
United States jobs, production, processes, and products if
foreign goods are produced under less costly environmental
standards and requirements than are United States goods; and
"(4) mechanisms should be sought through which the United
States and its trading partners can agree to eliminate or reduce
competitive disadvantages.
"(b) Action by the President. -
"(1) In general. - Within 18 months after the date of the
enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
1990], the President shall submit to the Congress a report -
"(A) identifying and evaluating the economic effects of -
"(i) the significant air quality standards and controls
required under this Act, and
"(ii) the differences between the significant standards and
controls required under this Act and similar standards and
controls adopted and enforced by the major trading partners
of the United States,
on the international competitiveness of United States
manufacturers; and
"(B) containing a strategy for addressing such economic
effects through trade consultations and negotiations.
"(2) Additional reporting requirements. - (A) The evaluation
required under paragraph (1)(A) shall examine the extent to which
the significant air quality standards and controls required under
this Act are comparable to existing internationally-agreed norms.
"(B) The strategy required to be developed under paragraph
(1)(B) shall include recommended options (such as the
harmonization of standards and trade adjustment measures) for
reducing or eliminating competitive disadvantages caused by
differences in standards and controls between the United States
and each of its major trading partners.
"(3) Public comment. - Interested parties shall be given an
opportunity to submit comments regarding the evaluations and
strategy required in the report under paragraph (1). The
President shall take any such comment into account in preparing
the report.
"(4) Interim report. - Within 9 months after the date of the
enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
1990], the President shall submit to the Congress an interim
report on the progress being made in complying with paragraph
(1)."
GAO REPORTS ON COSTS AND BENEFITS
Section 812(b) of Pub. L. 101-549, which directed Comptroller
General, commencing on second year after Nov. 15, 1990, and
annually thereafter, in consultation with other agencies, to report
to Congress on pollution control strategies and technologies
required by Clean Air Act Amendments of 1990, was repealed by Pub.
L. 104-316, title I, Sec. 122(r), Oct. 19, 1996, 110 Stat. 3838.
-End-
-CITE-
42 USC Sec. 7613 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7613. Repealed.
-MISC1-
Sec. 7613. Repealed. Pub. L. 101-549, title VIII, Sec. 803, Nov.
15, 1990, 104 Stat. 2689.
Section, act July 14, 1955, ch. 360, title III, Sec. 313,
formerly Sec. 306, as added Nov. 21, 1967, Pub. L. 90-148, Sec. 2,
81 Stat. 506; renumbered Sec. 313 and amended Dec. 31, 1970, Pub.
L. 91-604, Secs. 12(a), 15(c)(2), 84 Stat. 1705, 1713; Aug. 7,
1977, Pub. L. 95-95, title III, Sec. 302(b), 91 Stat. 771, required
annual report to Congress on progress of programs under this
chapter.
-End-
-CITE-
42 USC Sec. 7614 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7614. Labor standards
-STATUTE-
The Administrator shall take such action as may be necessary to
insure that all laborers and mechanics employed by contractors or
subcontractors on projects assisted under this chapter shall be
paid wages at rates not less than those prevailing for the same
type of work on similar construction in the locality as determined
by the Secretary of Labor, in accordance with sections 3141-3144,
3146, and 3147 of title 40. The Secretary of Labor shall have, with
respect to the labor standards specified in this subsection,(!1)
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145
of title 40.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 314, formerly Sec. 307, as
added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 506;
renumbered Sec. 314 and amended Pub. L. 91-604, Secs. 12(a),
15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan Numbered 14 of 1950, referred to in text, is
set out in the Appendix to Title 5, Government Organization and
Employees.
-COD-
CODIFICATION
In text, "sections 3141-3144, 3146, and 3147 of title 40"
substituted for "the Act of March 3, 1931, as amended, known as the
Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a - 276a-5)" and
"section 3145 of title 40" substituted for "section 2 of the Act of
June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)", on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
Section was formerly classified to section 1857j-3 of this title.
-MISC1-
AMENDMENTS
1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"
for "Secretary" meaning the Secretary of Health, Education, and
Welfare.
-FOOTNOTE-
(!1) So in original. Probably should be "section,".
-End-
-CITE-
42 USC Sec. 7615 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7615. Separability
-STATUTE-
If any provision of this chapter, or the application of any
provision of this chapter to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this chapter shall not be
affected thereby.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 315, formerly Sec. 12, as
added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;
renumbered Sec. 305, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,
1965, 79 Stat. 992; renumbered Sec. 308 and amended, Pub. L. 90-
148, Sec. 2, Nov. 21, 1967, 81 Stat. 506; renumbered Sec. 315,
Pub. L. 91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705.)
-COD-
CODIFICATION
Section was formerly classified to section 1857k of this title.
-MISC1-
AMENDMENTS
1967 - Pub. L. 90-148 reenacted section without change.
-End-
-CITE-
42 USC Sec. 7616 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7616. Sewage treatment grants
-STATUTE-
(a) Construction
No grant which the Administrator is authorized to make to any
applicant for construction of sewage treatment works in any area in
any State may be withheld, conditioned, or restricted by the
Administrator on the basis of any requirement of this chapter
except as provided in subsection (b) of this section.
(b) Withholding, conditioning, or restriction of construction
grants
The Administrator may withhold, condition, or restrict the making
of any grant for construction referred to in subsection (a) of this
section only if he determines that -
(1) such treatment works will not comply with applicable
standards under section 7411 or 7412 of this title,
(2) the State does not have in effect, or is not carrying out,
a State implementation plan approved by the Administrator which
expressly quantifies and provides for the increase in emissions
of each air pollutant (from stationary and mobile sources in any
area to which either part C or part D of subchapter I of this
chapter applies for such pollutant) which increase may reasonably
be anticipated to result directly or indirectly from the new
sewage treatment capacity which would be created by such
construction.(!1)
(3) the construction of such treatment works would create new
sewage treatment capacity which -
(A) may reasonably be anticipated to cause or contribute to,
directly or indirectly, an increase in emissions of any air
pollutant in excess of the increase provided for under the
provisions referred to in paragraph (2) for any such area, or
(B) would otherwise not be in conformity with the applicable
implementation plan, or
(4) such increase in emissions would interfere with, or be
inconsistent with, the applicable implementation plan for any
other State.
In the case of construction of a treatment works which would
result, directly or indirectly, in an increase in emissions of any
air pollutant from stationary and mobile sources in an area to
which part D of subchapter I of this chapter applies, the
quantification of emissions referred to in paragraph (2) shall
include the emissions of any such pollutant resulting directly or
indirectly from areawide and nonmajor stationary source growth
(mobile and stationary) for each such area.
(c) National Environmental Policy Act
Nothing in this section shall be construed to amend or alter any
provision of the National Environmental Policy Act [42 U.S.C. 4321
et seq.] or to affect any determination as to whether or not the
requirements of such Act have been met in the case of the
construction of any sewage treatment works.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 316, as added Pub. L. 95-
95, title III, Sec. 306, Aug. 7, 1977, 91 Stat. 777.)
-REFTEXT-
REFERENCES IN TEXT
The National Environmental Policy Act, referred to in subsec.
(c), probably means the National Environmental Policy Act of 1969,
Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (Sec. 4321 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 4321 of this title and
Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 316 of act July 14, 1955, ch. 360, title III,
formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1,
77 Stat. 401; renumbered Sec. 306 and amended Oct. 20, 1965, Pub.
L. 89-272, title I, Sec. 101(4), (6), (7), 79 Stat. 992; Oct. 15,
1966, Pub. L. 89-675, Sec. 2(a), 80 Stat. 954; renumbered Sec. 309
and amended Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506;
renumbered Sec. 316 and amended Dec. 31, 1970, Pub. L. 91-604,
Secs. 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub. L. 93-
15, Sec. 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93-319, Sec.
13(c), 88 Stat. 265, authorized appropriations for air pollution
control, prior to repeal by section 306 of Pub. L. 95-95. See
section 7626 of this title.
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) So in original. The period probably should be a comma.
-End-
-CITE-
42 USC Sec. 7617 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7617. Economic impact assessment
-STATUTE-
(a) Notice of proposed rulemaking; substantial revisions
This section applies to action of the Administrator in
promulgating or revising -
(1) any new source standard of performance under section 7411
of this title,
(2) any regulation under section 7411(d) of this title,
(3) any regulation under part B (!1) of subchapter I of this
chapter (relating to ozone and stratosphere protection),
(4) any regulation under part C of subchapter I of this chapter
(relating to prevention of significant deterioration of air
quality),
(5) any regulation establishing emission standards under
section 7521 of this title and any other regulation promulgated
under that section,
(6) any regulation controlling or prohibiting any fuel or fuel
additive under section 7545(c) of this title, and
(7) any aircraft emission standard under section 7571 of this
title.
Nothing in this section shall apply to any standard or regulation
described in paragraphs (1) through (7) of this subsection unless
the notice of proposed rulemaking in connection with such standard
or regulation is published in the Federal Register after the date
ninety days after August 7, 1977. In the case of revisions of such
standards or regulations, this section shall apply only to
revisions which the Administrator determines to be substantial
revisions.
(b) Preparation of assessment by Administrator
Before publication of notice of proposed rulemaking with respect
to any standard or regulation to which this section applies, the
Administrator shall prepare an economic impact assessment
respecting such standard or regulation. Such assessment shall be
included in the docket required under section 7607(d)(2) of this
title and shall be available to the public as provided in section
7607(d)(4) of this title. Notice of proposed rulemaking shall
include notice of such availability together with an explanation of
the extent and manner in which the Administrator has considered the
analysis contained in such economic impact assessment in proposing
the action. The Administrator shall also provide such an
explanation in his notice of promulgation of any regulation or
standard referred to in subsection (a) of this section. Each such
explanation shall be part of the statements of basis and purpose
required under sections 7607(d)(3) and 7607(d)(6) of this title.
(c) Analysis
Subject to subsection (d) of this section, the assessment
required under this section with respect to any standard or
regulation shall contain an analysis of -
(1) the costs of compliance with any such standard or
regulation, including extent to which the costs of compliance
will vary depending on (A) the effective date of the standard or
regulation, and (B) the development of less expensive, more
efficient means or methods of compliance with the standard or
regulation;
(2) the potential inflationary or recessionary effects of the
standard or regulation;
(3) the effects on competition of the standard or regulation
with respect to small business;
(4) the effects of the standard or regulation on consumer
costs; and
(5) the effects of the standard or regulation on energy use.
Nothing in this section shall be construed to provide that the
analysis of the factors specified in this subsection affects or
alters the factors which the Administrator is required to consider
in taking any action referred to in subsection (a) of this section.
(d) Extensiveness of assessment
The assessment required under this section shall be as extensive
as practicable, in the judgment of the Administrator taking into
account the time and resources available to the Environmental
Protection Agency and other duties and authorities which the
Administrator is required to carry out under this chapter.
(e) Limitations on construction of section
Nothing in this section shall be construed -
(1) to alter the basis on which a standard or regulation is
promulgated under this chapter;
(2) to preclude the Administrator from carrying out his
responsibility under this chapter to protect public health and
welfare; or
(3) to authorize or require any judicial review of any such
standard or regulation, or any stay or injunction of the
proposal, promulgation, or effectiveness of such standard or
regulation on the basis of failure to comply with this section.
(f) Citizen suits
The requirements imposed on the Administrator under this section
shall be treated as nondiscretionary duties for purposes of section
7604(a)(2) of this title, relating to citizen suits. The sole
method for enforcement of the Administrator's duty under this
section shall be by bringing a citizen suit under such section
7604(a)(2) for a court order to compel the Administrator to perform
such duty. Violation of any such order shall subject the
Administrator to penalties for contempt of court.
(g) Costs
In the case of any provision of this chapter in which costs are
expressly required to be taken into account, the adequacy or
inadequacy of any assessment required under this section may be
taken into consideration, but shall not be treated for purposes of
judicial review of any such provision as conclusive with respect to
compliance or noncompliance with the requirement of such provision
to take cost into account.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 317, as added Pub. L. 95-
95, title III, Sec. 307, Aug. 7, 1977, 91 Stat. 778; amended Pub.
L. 95-623, Sec. 13(d), Nov. 9, 1978, 92 Stat. 3458.)
-REFTEXT-
REFERENCES IN TEXT
Part B of subchapter I of this chapter, referred to in subsec.
(a)(3), was repealed by Pub. L. 101-549, title VI, Sec. 601, Nov.
15, 1990, 104 Stat. 2648. See subchapter VI (Sec. 7671 et seq.) of
this chapter.
-COD-
CODIFICATION
Another section 317 of act July 14, 1955, is set out as a Short
Title note under section 7401 of this title.
-MISC1-
AMENDMENTS
1978 - Subsec. (a)(1). Pub. L. 95-623 substituted "section 7411"
for "section 7411(b)".
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7618 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7618. Repealed.
-MISC1-
Sec. 7618. Repealed. Pub. L. 101-549, title I, Sec. 108(q), Nov.
15, 1990, 104 Stat. 2469.
Section, act July 14, 1955, ch. 360, title III, Sec. 318, as
added Aug. 7, 1977, Pub. L. 95-95, title III, Sec. 308, 91 Stat.
780, related to financial disclosure and conflicts of interest.
-End-
-CITE-
42 USC Sec. 7619 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7619. Air quality monitoring
-STATUTE-
(a) In general
After notice and opportunity for public hearing, the
Administrator shall promulgate regulations establishing an air
quality monitoring system throughout the United States which -
(1) utilizes uniform air quality monitoring criteria and
methodology and measures such air quality according to a uniform
air quality index,
(2) provides for air quality monitoring stations in major urban
areas and other appropriate areas throughout the United States to
provide monitoring such as will supplement (but not duplicate)
air quality monitoring carried out by the States required under
any applicable implementation plan,
(3) provides for daily analysis and reporting of air quality
based upon such uniform air quality index, and
(4) provides for recordkeeping with respect to such monitoring
data and for periodic analysis and reporting to the general
public by the Administrator with respect to air quality based
upon such data.
The operation of such air quality monitoring system may be carried
out by the Administrator or by such other departments, agencies, or
entities of the Federal Government (including the National Weather
Service) as the President may deem appropriate. Any air quality
monitoring system required under any applicable implementation plan
under section 7410 of this title shall, as soon as practicable
following promulgation of regulations under this section, utilize
the standard criteria and methodology, and measure air quality
according to the standard index, established under such
regulations.
(b) Air quality monitoring data influenced by exceptional events
(1) Definition of exceptional event
In this section:
(A) In general
The term "exceptional event" means an event that -
(i) affects air quality;
(ii) is not reasonably controllable or preventable;
(iii) is an event caused by human activity that is unlikely
to recur at a particular location or a natural event; and
(iv) is determined by the Administrator through the process
established in the regulations promulgated under paragraph
(2) to be an exceptional event.
(B) Exclusions
In this subsection, the term "exceptional event" does not
include -
(i) stagnation of air masses or meteorological inversions;
(ii) a meteorological event involving high temperatures or
lack of precipitation; or
(iii) air pollution relating to source noncompliance.
(2) Regulations
(A) Proposed regulations
Not later than March 1, 2006, after consultation with Federal
land managers and State air pollution control agencies, the
Administrator shall publish in the Federal Register proposed
regulations governing the review and handling of air quality
monitoring data influenced by exceptional events.
(B) Final regulations
Not later than 1 year after the date on which the
Administrator publishes proposed regulations under subparagraph
(A), and after providing an opportunity for interested persons
to make oral presentations of views, data, and arguments
regarding the proposed regulations, the Administrator shall
promulgate final regulations governing the review and handling
or (!1) air quality monitoring data influenced by an
exceptional event that are consistent with paragraph (3).
(3) Principles and requirements
(A) Principles
In promulgating regulations under this section, the
Administrator shall follow -
(i) the principle that protection of public health is the
highest priority;
(ii) the principle that timely information should be
provided to the public in any case in which the air quality
is unhealthy;
(iii) the principle that all ambient air quality data
should be included in a timely manner,(!2) an appropriate
Federal air quality database that is accessible to the
public;
(iv) the principle that each State must take necessary
measures to safeguard public health regardless of the source
of the air pollution; and
(v) the principle that air quality data should be carefully
screened to ensure that events not likely to recur are
represented accurately in all monitoring data and analyses.
(B) Requirements
Regulations promulgated under this section shall, at a
minimum, provide that -
(i) the occurrence of an exceptional event must be
demonstrated by reliable, accurate data that is promptly
produced and provided by Federal, State, or local government
agencies;
(ii) a clear causal relationship must exist between the
measured exceedances of a national ambient air quality
standard and the exceptional event to demonstrate that the
exceptional event caused a specific air pollution
concentration at a particular air quality monitoring
location;
(iii) there is a public process for determining whether an
event is exceptional; and
(iv) there are criteria and procedures for the Governor of
a State to petition the Administrator to exclude air quality
monitoring data that is directly due to exceptional events
from use in determinations by the Administrator with respect
to exceedances or violations of the national ambient air
quality standards.
(4) Interim provision
Until the effective date of a regulation promulgated under
paragraph (2), the following guidance issued by the Administrator
shall continue to apply:
(A) Guidance on the identification and use of air quality
data affected by exceptional events (July 1986).
(B) Areas affected by PM-10 natural events, May 30, 1996.
(C) Appendices I, K, and N to part 50 of title 40, Code of
Federal Regulations.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 319, as added Pub. L. 95-
95, title III, Sec. 309, Aug. 7, 1977, 91 Stat. 781; amended Pub.
L. 109-59, title VI, Sec. 6013(a), Aug. 10, 2005, 119 Stat. 1882.)
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-59 designated existing provisions as subsec.
(a), inserted heading, substituted "After notice and opportunity
for public hearing" for "Not later than one year after August 7,
1977, and after notice and opportunity for public hearing", and
added subsec. (b).
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) So in original. Probably should be "of".
(!2) So in original. Probably should be followed by "in".
-End-
-CITE-
42 USC Sec. 7620 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7620. Standardized air quality modeling
-STATUTE-
(a) Conferences
Not later than six months after August 7, 1977, and at least
every three years thereafter, the Administrator shall conduct a
conference on air quality modeling. In conducting such conference,
special attention shall be given to appropriate modeling necessary
for carrying out part C of subchapter I of this chapter (relating
to prevention of significant deterioration of air quality).
(b) Conferees
The conference conducted under this section shall provide for
participation by the National Academy of Sciences, representatives
of State and local air pollution control agencies, and appropriate
Federal agencies, including the National Science Foundation; (!1)
the National Oceanic and Atmospheric Administration, and the
National Institute of Standards and Technology.
(c) Comments; transcripts
Interested persons shall be permitted to submit written comments
and a verbatim transcript of the conference proceedings shall be
maintained.
(d) Promulgation and revision of regulations relating to air
quality modeling
The comments submitted and the transcript maintained pursuant to
subsection (c) of this section shall be included in the docket
required to be established for purposes of promulgating or revising
any regulation relating to air quality modeling under part C of
subchapter I of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 320, as added Pub. L. 95-
95, title III, Sec. 310, Aug. 7, 1977, 91 Stat. 782; amended Pub.
L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
-MISC1-
AMENDMENTS
1988 - Subsec. (b). Pub. L. 100-418 substituted "National
Institute of Standards and Technology" for "National Bureau of
Standards".
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) So in original. The semicolon probably should be a comma.
-End-
-CITE-
42 USC Sec. 7621 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7621. Employment effects
-STATUTE-
(a) Continuous evaluation of potential loss or shifts of employment
The Administrator shall conduct continuing evaluations of
potential loss or shifts of employment which may result from the
administration or enforcement of the provision of this chapter and
applicable implementation plans, including where appropriate,
investigating threatened plant closures or reductions in employment
allegedly resulting from such administration or enforcement.
(b) Request for investigation; hearings; record; report
Any employee, or any representative of such employee, who is
discharged or laid off, threatened with discharge or layoff, or
whose employment is otherwise adversely affected or threatened to
be adversely affected because of the alleged results of any
requirement imposed or proposed to be imposed under this chapter,
including any requirement applicable to Federal facilities and any
requirement imposed by a State or political subdivision thereof,
may request the Administrator to conduct a full investigation of
the matter. Any such request shall be reduced to writing, shall set
forth with reasonable particularity the grounds for the request,
and shall be signed by the employee, or representative of such
employee, making the request. The Administrator shall thereupon
investigate the matter and, at the request of any party, shall hold
public hearings on not less than five days' notice. At such
hearings, the Administrator shall require the parties, including
the employer involved, to present information relating to the
actual or potential effect of such requirements on employment and
the detailed reasons or justification therefor. If the
Administrator determines that there are no reasonable grounds for
conducting a public hearing he shall notify (in writing) the party
requesting such hearing of such a determination and the reasons
therefor. If the Administrator does convene such a hearing, the
hearing shall be on the record. Upon receiving the report of such
investigation, the Administrator shall make findings of fact as to
the effect of such requirements on employment and on the alleged
actual or potential discharge, layoff, or other adverse effect on
employment, and shall make such recommendations as he deems
appropriate. Such report, findings, and recommendations shall be
available to the public.
(c) Subpenas; confidential information; witnesses; penalty
In connection with any investigation or public hearing conducted
under subsection (b) of this section or as authorized in section
7419 of this title (relating to primary nonferrous smelter orders),
the Administrator may issue subpenas for the attendance and
testimony of witnesses and the production of relevant papers, books
and documents, and he may administer oaths. Except for emission
data, upon a showing satisfactory to the Administrator by such
owner or operator that such papers, books, documents, or
information or particular part thereof, if made public, would
divulge trade secrets or secret processes of such owner, or
operator, the Administrator shall consider such record, report, or
information or particular portion thereof confidential in
accordance with the purposes of section 1905 of title 18, except
that such paper, book, document, or information may be disclosed to
other officers, employees, or authorized representatives of the
United States concerned with carrying out this chapter, or when
relevant in any proceeding under this chapter. Witnesses summoned
shall be paid the same fees and mileage that are paid witnesses in
the courts of the United States. In cases of contumacy or refusal
to obey a subpena served upon any person under this
subparagraph,(!1) the district court of the United States for any
district in which such person is found or resides or transacts
business, upon application by the United States and after notice to
such person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Administrator,
to appear and produce papers, books, and documents before the
Administrator, or both, and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(d) Limitations on construction of section
Nothing in this section shall be construed to require or
authorize the Administrator, the States, or political subdivisions
thereof, to modify or withdraw any requirement imposed or proposed
to be imposed under this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 321, as added Pub. L. 95-
95, title III, Sec. 311, Aug. 7, 1977, 91 Stat. 782.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
STUDY OF POTENTIAL DISLOCATION OF EMPLOYEES
Section 403(e) of Pub. L. 95-95 provided that the Secretary of
Labor, in consultation with the Administrator, conduct a study of
potential dislocation of employees due to implementation of laws
administered by the Administrator and that the Secretary submit to
Congress the results of the study not more than one year after Aug.
7, 1977.
-FOOTNOTE-
(!1) So in original. Probably should be "subsection,"
-End-
-CITE-
42 USC Sec. 7622 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7622. Employee protection
-STATUTE-
(a) Discharge or discrimination prohibited
No employer may discharge any employee or otherwise discriminate
against any employee with respect to his compensation, terms,
conditions, or privileges of employment because the employee (or
any person acting pursuant to a request of the employee) -
(1) commenced, caused to be commenced, or is about to commence
or cause to be commenced a proceeding under this chapter or a
proceeding for the administration or enforcement of any
requirement imposed under this chapter or under any applicable
implementation plan,
(2) testified or is about to testify in any such proceeding, or
(3) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
action to carry out the purposes of this chapter.
(b) Complaint charging unlawful discharge or discrimination;
investigation; order
(1) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of
subsection (a) of this section may, within thirty days after such
violation occurs, file (or have any person file on his behalf) a
complaint with the Secretary of Labor (hereinafter in this
subsection referred to as the "Secretary") alleging such discharge
or discrimination. Upon receipt of such a complaint, the Secretary
shall notify the person named in the complaint of the filing of the
complaint.
(2)(A) Upon receipt of a complaint filed under paragraph (1), the
Secretary shall conduct an investigation of the violation alleged
in the complaint. Within thirty days of the receipt of such
complaint, the Secretary shall complete such investigation and
shall notify in writing the complainant (and any person acting in
his behalf) and the person alleged to have committed such violation
of the results of the investigation conducted pursuant to this
subparagraph. Within ninety days of the receipt of such complaint
the Secretary shall, unless the proceeding on the complaint is
terminated by the Secretary on the basis of a settlement entered
into by the Secretary and the person alleged to have committed such
violation, issue an order either providing the relief prescribed by
subparagraph (B) or denying the complaint. An order of the
Secretary shall be made on the record after notice and opportunity
for public hearing. The Secretary may not enter into a settlement
terminating a proceeding on a complaint without the participation
and consent of the complainant.
(B) If, in response to a complaint filed under paragraph (1), the
Secretary determines that a violation of subsection (a) of this
section has occurred, the Secretary shall order the person who
committed such violation to (i) take affirmative action to abate
the violation, and (ii) reinstate the complainant to his former
position together with the compensation (including back pay),
terms, conditions, and privileges of his employment, and the
Secretary may order such person to provide compensatory damages to
the complainant. If an order is issued under this paragraph, the
Secretary, at the request of the complainant, shall assess against
the person against whom the order is issued a sum equal to the
aggregate amount of all costs and expenses (including attorneys'
and expert witness fees) reasonably incurred, as determined by the
Secretary, by the complainant for, or in connection with, the
bringing of the complaint upon which the order was issued.
(c) Review
(1) Any person adversely affected or aggrieved by an order issued
under subsection (b) of this section may obtain review of the order
in the United States court of appeals for the circuit in which the
violation, with respect to which the order was issued, allegedly
occurred. The petition for review must be filed within sixty days
from the issuance of the Secretary's order. Review shall conform to
chapter 7 of title 5. The commencement of proceedings under this
subparagraph (!1) shall not, unless ordered by the court, operate
as a stay of the Secretary's order.
(2) An order of the Secretary with respect to which review could
have been obtained under paragraph (1) shall not be subject to
judicial review in any criminal or other civil proceeding.
(d) Enforcement of order by Secretary
Whenever a person has failed to comply with an order issued under
subsection (b)(2) of this section, the Secretary may file a civil
action in the United States district court for the district in
which the violation was found to occur to enforce such order. In
actions brought under this subsection, the district courts shall
have jurisdiction to grant all appropriate relief including, but
not limited to, injunctive relief, compensatory, and exemplary
damages.
(e) Enforcement of order by person on whose behalf order was issued
(1) Any person on whose behalf an order was issued under
paragraph (2) of subsection (b) of this section may commence a
civil action against the person to whom such order was issued to
require compliance with such order. The appropriate United States
district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such order.
(2) The court, in issuing any final order under this subsection,
may award costs of litigation (including reasonable attorney and
expert witness fees) to any party whenever the court determines
such award is appropriate.
(f) Mandamus
Any nondiscretionary duty imposed by this section shall be
enforceable in a mandamus proceeding brought under section 1361 of
title 28.
(g) Deliberate violation by employee
Subsection (a) of this section shall not apply with respect to
any employee who, acting without direction from his employer (or
the employer's agent), deliberately causes a violation of any
requirement of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 322, as added Pub. L. 95-
95, title III, Sec. 312, Aug. 7, 1977, 91 Stat. 783.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
42 USC Sec. 7623 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7623. Repealed.
-MISC1-
Sec. 7623. Repealed. Pub. L. 96-300, Sec. 1(c), July 2, 1980, 94
Stat. 831.
Section, act July 14, 1955, ch. 360, title III, Sec. 323, as
added Aug. 7, 1977, Pub. L. 95-95, title III, Sec. 313, 91 Stat.
785; amended Nov. 16, 1977, Pub. L. 95-190, Sec. 14(a)(81), 91
Stat. 1404; S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980;
July 2, 1980, Pub. L. 96-300, Sec. 1(a), 94 Stat. 831, established
a National Commission on Air Quality, prescribed numerous subjects
for study and report to Congress, enumerated specific questions for
study and investigation, required specific identification of loss
or irretrievable commitment of resources, and provided for
appointment and confirmation of its membership, cooperation of
Federal executive agencies, submission of a National Academy of
Sciences study to Congress, compensation and travel expenses,
termination of Commission, appointment and compensation of staff,
and public participation.
EFFECTIVE DATE OF REPEAL
Section 1(c) of Pub. L. 96-300 provided that this section is
repealed on date on which National Commission on Air Quality ceases
to exist pursuant to provisions of former subsec. (g) of this
section, which provided that not later than Mar. 1, 1981, a report
be submitted containing results of all Commission studies and
investigations and that Commission cease to exist on Mar. 1, 1981,
if report is not submitted on Mar. 1, 1981, or Commission would
cease to exist on such date, but not later than May 1, 1981, as
determined and ordered by Commission if report is submitted on Mar.
1, 1981.
NATIONAL COMMISSION ON AIR QUALITY; EXTENSION PROHIBITION
Section 1(d) of Pub. L. 96-300 provided that nothing in any other
authority of law shall be construed to authorize or permit the
extension of the National Commission on Air Quality pursuant to any
Executive order or other Executive or agency action.
-End-
-CITE-
42 USC Sec. 7624 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7624. Cost of vapor recovery equipment
-STATUTE-
(a) Costs to be borne by owner of retail outlet
The regulations under this chapter applicable to vapor recovery
with respect to mobile source fuels at retail outlets of such fuels
shall provide that the cost of procurement and installation of such
vapor recovery shall be borne by the owner of such outlet (as
determined under such regulations). Except as provided in
subsection (b) of this section, such regulations shall provide that
no lease of a retail outlet by the owner thereof which is entered
into or renewed after August 7, 1977, may provide for a payment by
the lessee of the cost of procurement and installation of vapor
recovery equipment. Such regulations shall also provide that the
cost of procurement and installation of vapor recovery equipment
may be recovered by the owner of such outlet by means of price
increases in the cost of any product sold by such owner,
notwithstanding any provision of law.
(b) Payment by lessee
The regulations of the Administrator referred to in subsection
(a) of this section shall permit a lease of a retail outlet to
provide for payment by the lessee of the cost of procurement and
installation of vapor recovery equipment over a reasonable period
(as determined in accordance with such regulations), if the owner
of such outlet does not sell, trade in, or otherwise dispense any
product at wholesale or retail at such outlet.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 323, formerly Sec. 324, as
added Pub. L. 95-95, title III, Sec. 314(a), Aug. 7, 1977, 91 Stat.
788; amended Pub. L. 95-190, Sec. 14(a)(82), Nov. 16, 1977, 91
Stat. 1404; renumbered Sec. 323 and amended Pub. L. 96-300, Sec.
1(b), (c), July 2, 1980, 94 Stat. 831.)
-MISC1-
PRIOR PROVISIONS
A prior section 323 of act July 14, 1955, was classified to
section 7623 of this title prior to repeal by Pub. L. 96-300, Sec.
1(c), July 2, 1980, 94 Stat. 831.
AMENDMENTS
1980 - Pub. L. 96-300, Sec. 1(b), which directed that last
sentence of this section be struck out was probably intended to
strike sentence purportedly added by Pub. L. 95-190. See 1977
Amendment note below and section 7623(i) of this title.
1977 - Pub. L. 95-190 which purported to amend subsec. (j) of
this section by inserting "The Commission may appoint and fix the
pay of such staff as it deems necessary." after "(j)" was not
executed to this section because it did not contain a subsec. (j).
See 1980 Amendment note above.
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7625 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7625. Vapor recovery for small business marketers of petroleum
products
-STATUTE-
(a) Marketers of gasoline
The regulations under this chapter applicable to vapor recovery
from fueling of motor vehicles at retail outlets of gasoline shall
not apply to any outlet owned by an independent small business
marketer of gasoline having monthly sales of less than 50,000
gallons. In the case of any other outlet owned by an independent
small business marketer, such regulations shall provide, with
respect to independent small business marketers of gasoline, for a
three-year phase-in period for the installation of such vapor
recovery equipment at such outlets under which such marketers shall
have -
(1) 33 percent of such outlets in compliance at the end of the
first year during which such regulations apply to such marketers,
(2) 66 percent at the end of such second year, and
(3) 100 percent at the end of the third year.
(b) State requirements
Nothing in subsection (a) of this section shall be construed to
prohibit any State from adopting or enforcing, with respect to
independent small business marketers of gasoline having monthly
sales of less than 50,000 gallons, any vapor recovery requirements
for mobile source fuels at retail outlets. Any vapor recovery
requirement which is adopted by a State and submitted to the
Administrator as part of its implementation plan may be approved
and enforced by the Administrator as part of the applicable
implementation plan for that State.
(c) Refiners
For purposes of this section, an independent small business
marketer of gasoline is a person engaged in the marketing of
gasoline who would be required to pay for procurement and
installation of vapor recovery equipment under section 7624 (!1) of
this title or under regulations of the Administrator, unless such
person -
(1)(A) is a refiner, or (!2)
(B) controls, is controlled by, or is under common control
with, a refiner,
(C) is otherwise directly or indirectly affiliated (as
determined under the regulations of the Administrator) with a
refiner or with a person who controls, is controlled by, or is
under a common control with a refiner (unless the sole
affiliation referred to herein is by means of a supply contract
or an agreement or contract to use a trademark, trade name,
service mark, or other identifying symbol or name owned by such
refiner or any such person), or
(2) receives less than 50 percent of his annual income from
refining or marketing of gasoline.
For the purpose of this section, the term "refiner" shall not
include any refiner whose total refinery capacity (including the
refinery capacity of any person who controls, is controlled by, or
is under common control with, such refiner) does not exceed 65,000
barrels per day. For purposes of this section, "control" of a
corporation means ownership of more than 50 percent of its stock.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 324, formerly Sec. 325, as
added Pub. L. 95-95, title III, Sec. 314(b), Aug. 7, 1977, 91 Stat.
789; renumbered Sec. 324, Pub. L. 96-300, Sec. 1(c), July 2, 1980,
94 Stat. 831.)
-REFTEXT-
REFERENCES IN TEXT
Section 7624 of this title, referred to in subsec. (c), was in
the original "section 324 of this Act", meaning section 324 of the
Act July 14, 1955. Sections 324 and 325 of that Act, were
renumbered sections 323 and 324, respectively, by Pub. L. 96-300,
Sec. 1(b), July 2, 1980, 94 Stat. 831, and are classified to
sections 7624 and 7625, respectively, of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 324 of act July 14, 1955, was renumbered section
323 by Pub. L. 96-300 and is classified to section 7624 of this
title.
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. The word "or" probably should appear at the
end of subpar. (B).
-End-
-CITE-
42 USC Sec. 7625-1 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7625-1. Exemptions for certain territories
-STATUTE-
(a)(1) Upon petition by the governor (!1) of Guam, American
Samoa, the Virgin Islands, or the Commonwealth of the Northern
Mariana Islands, the Administrator is authorized to exempt any
person or source or class of persons or sources in such territory
from any requirement under this chapter other than section 7412 of
this title or any requirement under section 7410 of this title or
part D of subchapter I of this chapter necessary to attain or
maintain a national primary ambient air quality standard. Such
exemption may be granted if the Administrator finds that compliance
with such requirement is not feasible or is unreasonable due to
unique geographical, meteorological, or economic factors of such
territory, or such other local factors as the Administrator deems
significant. Any such petition shall be considered in accordance
with section 7607(d) of this title and any exemption under this
subsection shall be considered final action by the Administrator
for the purposes of section 7607(b) of this title.
(2) The Administrator shall promptly notify the Committees on
Energy and Commerce and on Natural Resources of the House of
Representatives and the Committees on Environment and Public Works
and on Energy and Natural Resources of the Senate upon receipt of
any petition under this subsection and of the approval or rejection
of such petition and the basis for such action.
(b) Notwithstanding any other provision of this chapter, any
fossil fuel fired steam electric power plant operating within Guam
as of December 8, 1983, is hereby exempted from:
(1) any requirement of the new source performance standards
relating to sulfur dioxide promulgated under section 7411 of this
title as of December 8, 1983; and
(2) any regulation relating to sulfur dioxide standards or
limitations contained in a State implementation plan approved
under section 7410 of this title as of December 8, 1983:
Provided, That such exemption shall expire eighteen months after
December 8, 1983, unless the Administrator determines that such
plant is making all emissions reductions practicable to prevent
exceedances of the national ambient air quality standards for
sulfur dioxide.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 325, as added Pub. L. 98-
213, Sec. 11, Dec. 8, 1983, 97 Stat. 1461; amended Pub. L. 101-
549, title VIII, Sec. 806, Nov. 15, 1990, 104 Stat. 2689; Pub. L.
103-437, Sec. 15(s), Nov. 2, 1994, 108 Stat. 4594.)
-MISC1-
PRIOR PROVISIONS
A prior section 325 of act July 14, 1955, was renumbered section
326 by Pub. L. 98-213 and is classified to section 7625a of this
title.
Another prior section 325 of act July 14, 1955, was renumbered
section 324 by Pub. L. 96-300 and is classified to section 7625 of
this title.
AMENDMENTS
1994 - Subsec. (a)(2). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" before "of the
House".
1990 - Subsec. (a)(1). Pub. L. 101-549, which directed the
insertion of "the Virgin Islands," after "American Samoa," in
"[s]ection 324(a)(1) of the Clean Air Act (42 U.S.C. 7625-
1(a)(1))", was executed by making the insertion in subsec. (a)(1)
of this section to reflect the probable intent of Congress.
-CHANGE-
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
-FOOTNOTE-
(!1) So in original. Probably should be capitalized.
-End-
-CITE-
42 USC Sec. 7625a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7625a. Statutory construction
-STATUTE-
The parenthetical cross references in any provision of this
chapter to other provisions of the chapter, or other provisions of
law, where the words "relating to" or "pertaining to" are used, are
made only for convenience, and shall be given no legal effect.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 326, as added Pub. L. 95-
190, Sec. 14(a)(84), Nov. 16, 1977, 91 Stat. 1404; renumbered Sec.
325, Pub. L. 96-300, Sec. 1(c), July 2, 1980, 94 Stat. 831;
renumbered Sec. 326, Pub. L. 98-213, Sec. 11, Dec. 8, 1983, 97
Stat. 1461.)
-MISC1-
PRIOR PROVISIONS
A prior section 326 of act July 14, 1955, was renumbered section
327 by Pub. L. 98-213 and is classified to section 7626 of this
title.
-End-
-CITE-
42 USC Sec. 7626 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7626. Authorization of appropriations
-STATUTE-
(a) In general
There are authorized to be appropriated to carry out this chapter
such sums as may be necessary for the 7 fiscal years commencing
after November 15, 1990.
(b) Grants for planning
There are authorized to be appropriated (1) not more than
$50,000,000 to carry out section 7505 of this title beginning in
fiscal year 1991, to be available until expended, to develop plan
revisions required by subpart 2, 3, or 4 of part D of subchapter I
of this chapter, and (2) not more than $15,000,000 for each of the
7 fiscal years commencing after November 15, 1990, to make grants
to the States to prepare implementation plans as required by
subpart 2, 3, or 4 of part D of subchapter I of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 327, formerly Sec. 325, as
added Pub. L. 95-95, title III, Sec. 315, Aug. 7, 1977, 91 Stat.
790; renumbered Sec. 327 and amended Pub. L. 95-190, Sec.
14(a)(83), Nov. 16, 1977, 91 Stat. 1404; renumbered Sec. 326, Pub.
L. 96-300, Sec. 1(c), July 2, 1980, 94 Stat. 831; renumbered Sec.
327, Pub. L. 98-213, Sec. 11, Dec. 8, 1983, 97 Stat. 1461; Pub. L.
101-549, title VIII, Sec. 822, Nov. 15, 1990, 104 Stat. 2699.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 1857l of this title, act July 14, 1955, ch. 360, title III,
Sec. 316, formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206,
Sec. 1, 77 Stat. 401; renumbered Sec. 306 and amended Oct. 20,
1965, Pub. L. 89-272, title I, Sec. 101(4), (6), (7), 79 Stat. 992;
Oct. 15, 1966, Pub. L. 89-675, Sec. 2(a), 80 Stat. 954; renumbered
Sec. 309 and amended Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81
Stat. 506; renumbered Sec. 316 and amended Dec. 31, 1970, Pub. L.
91-604, Secs. 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub.
L. 93-15, Sec. 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93-319,
Sec. 13(c), 88 Stat. 265, prior to repeal by section 306 of Pub. L.
95-95.
AMENDMENTS
1990 - Pub. L. 101-549 amended section generally, substituting
present provisions for provisions authorizing specific
appropriations for certain programs and periods and appropriations
of $200,000,000 for fiscal years 1978 through 1981 to carry out the
other programs under this chapter.
1977 - Subsec. (b)(4). Pub. L. 95-190 substituted "section
7403(a)(5)" for "section 7403(b)(5)".
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly
provided, see section 406(d) of Pub. L. 95-95, set out as an
Effective Date of 1977 Amendment note under section 7401 of this
title.
-End-
-CITE-
42 USC Sec. 7627 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7627. Air pollution from Outer Continental Shelf activities
-STATUTE-
(a) Applicable requirements for certain areas
(1) In general
Not later than 12 months after November 15, 1990, following
consultation with the Secretary of the Interior and the
Commandant of the United States Coast Guard, the Administrator,
by rule, shall establish requirements to control air pollution
from Outer Continental Shelf sources located offshore of the
States along the Pacific, Arctic and Atlantic Coasts, and along
the United States Gulf Coast off the State of Florida eastward of
longitude 87 degrees and 30 minutes ("OCS sources") to attain and
maintain Federal and State ambient air quality standards and to
comply with the provisions of part C of subchapter I of this
chapter. For such sources located within 25 miles of the seaward
boundary of such States, such requirements shall be the same as
would be applicable if the source were located in the
corresponding onshore area, and shall include, but not be limited
to, State and local requirements for emission controls, emission
limitations, offsets, permitting, monitoring, testing, and
reporting. New OCS sources shall comply with such requirements on
the date of promulgation and existing OCS sources shall comply on
the date 24 months thereafter. The Administrator shall update
such requirements as necessary to maintain consistency with
onshore regulations. The authority of this subsection shall
supersede section 5(a)(8) of the Outer Continental Shelf Lands
Act [43 U.S.C. 1334(a)(8)] but shall not repeal or modify any
other Federal, State, or local authorities with respect to air
quality. Each requirement established under this section shall be
treated, for purposes of sections 7413, 7414, 7416, 7420, and
7604 of this title, as a standard under section 7411 of this
title and a violation of any such requirement shall be considered
a violation of section 7411(e) of this title.
(2) Exemptions
The Administrator may exempt an OCS source from a specific
requirement in effect under regulations under this subsection if
the Administrator finds that compliance with a pollution control
technology requirement is technically infeasible or will cause an
unreasonable threat to health and safety. The Administrator shall
make written findings explaining the basis of any exemption
issued pursuant to this subsection and shall impose another
requirement equal to or as close in stringency to the original
requirement as possible. The Administrator shall ensure that any
increase in emissions due to the granting of an exemption is
offset by reductions in actual emissions, not otherwise required
by this chapter, from the same source or other sources in the
area or in the corresponding onshore area. The Administrator
shall establish procedures to provide for public notice and
comment on exemptions proposed pursuant to this subsection.
(3) State procedures
Each State adjacent to an OCS source included under this
subsection may promulgate and submit to the Administrator
regulations for implementing and enforcing the requirements of
this subsection. If the Administrator finds that the State
regulations are adequate, the Administrator shall delegate to
that State any authority the Administrator has under this chapter
to implement and enforce such requirements. Nothing in this
subsection shall prohibit the Administrator from enforcing any
requirement of this section.
(4) Definitions
For purposes of subsections (a) and (b) of this section -
(A) Outer Continental Shelf
The term "Outer Continental Shelf" has the meaning provided
by section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331).
(B) Corresponding onshore area
The term "corresponding onshore area" means, with respect to
any OCS source, the onshore attainment or nonattainment area
that is closest to the source, unless the Administrator
determines that another area with more stringent requirements
with respect to the control and abatement of air pollution may
reasonably be expected to be affected by such emissions. Such
determination shall be based on the potential for air
pollutants from the OCS source to reach the other onshore area
and the potential of such air pollutants to affect the efforts
of the other onshore area to attain or maintain any Federal or
State ambient air quality standard or to comply with the
provisions of part C of subchapter I of this chapter.
(C) Outer Continental Shelf source
The terms "Outer Continental Shelf source" and "OCS source"
include any equipment, activity, or facility which -
(i) emits or has the potential to emit any air pollutant,
(ii) is regulated or authorized under the Outer Continental
Shelf Lands Act [43 U.S.C. 1331 et seq.], and
(iii) is located on the Outer Continental Shelf or in or on
waters above the Outer Continental Shelf.
Such activities include, but are not limited to, platform and
drill ship exploration, construction, development, production,
processing, and transportation. For purposes of this
subsection, emissions from any vessel servicing or associated
with an OCS source, including emissions while at the OCS source
or en route to or from the OCS source within 25 miles of the
OCS source, shall be considered direct emissions from the OCS
source.
(D) New and existing OCS sources
The term "new OCS source" means an OCS source which is a new
source within the meaning of section 7411(a) of this title. The
term "existing OCS source" means any OCS source other than a
new OCS source.
(b) Requirements for other offshore areas
For portions of the United States Gulf Coast Outer Continental
Shelf that are adjacent to the States not covered by subsection (a)
of this section which are Texas, Louisiana, Mississippi, and
Alabama, the Secretary shall consult with the Administrator to
assure coordination of air pollution control regulation for Outer
Continental Shelf emissions and emissions in adjacent onshore
areas. Concurrently with this obligation, the Secretary shall
complete within 3 years of November 15, 1990, a research study
examining the impacts of emissions from Outer Continental Shelf
activities in such areas that fail to meet the national ambient air
quality standards for either ozone or nitrogen dioxide. Based on
the results of this study, the Secretary shall consult with the
Administrator and determine if any additional actions are
necessary. There are authorized to be appropriated such sums as may
be necessary to provide funding for the study required under this
section.
(c) Coastal waters
(1) The study report of section 7412(n) (!1) of this title shall
apply to the coastal waters of the United States to the same extent
and in the same manner as such requirements apply to the Great
Lakes, the Chesapeake Bay, and their tributary waters.
(2) The regulatory requirements of section 7412(n) (!1) of this
title shall apply to the coastal waters of the States which are
subject to subsection (a) of this section, to the same extent and
in the same manner as such requirements apply to the Great Lakes,
the Chesapeake Bay, and their tributary waters.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 328, as added Pub. L. 101-
549, title VIII, Sec. 801, Nov. 15, 1990, 104 Stat. 2685.)
-REFTEXT-
REFERENCES IN TEXT
The Outer Continental Shelf Lands Act, referred to in subsec.
(a)(4)(C)(ii), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter III (Sec. 1331
et seq.) of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1331 of Title 43 and Tables.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-FOOTNOTE-
(!1) So in original. Probably should be section "7412(m)".
-End-
-CITE-
42 USC Sec. 7628 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 7628. Demonstration grant program for local governments
-STATUTE-
(a) Grant program
(1) In general
The Administrator shall establish a demonstration program under
which the Administrator shall provide competitive grants to
assist local governments (such as municipalities and counties),
with respect to local government buildings -
(A) to deploy cost-effective technologies and practices; and
(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
(2) Cost sharing
(A) In general
The Federal share of the cost of an activity carried out
using a grant provided under this section shall be 40 percent.
(B) Waiver of non-Federal share
The Administrator may waive up to 100 percent of the local
share of the cost of any grant under this section should the
Administrator determine that the community is economically
distressed, pursuant to objective economic criteria established
by the Administrator in published guidelines.
(3) Maximum amount
The amount of a grant provided under this subsection shall not
exceed $1,000,000.
(b) Guidelines
(1) In general
Not later than 1 year after December 19, 2007, the
Administrator shall issue guidelines to implement the grant
program established under subsection (a).
(2) Requirements
The guidelines under paragraph (1) shall establish -
(A) standards for monitoring and verification of operational
cost savings through the application of cost-effective
technologies and practices reported by grantees under this
section;
(B) standards for grantees to implement training programs,
and to provide technical assistance and education, relating to
the retrofit of buildings using cost-effective technologies and
practices; and
(C) a requirement that each local government that receives a
grant under this section shall achieve facility-wide cost
savings, through renovation of existing local government
buildings using cost-effective technologies and practices, of
at least 40 percent as compared to the baseline operational
costs of the buildings before the renovation (as calculated
assuming a 3-year, weather-normalized average).
(c) Compliance with State and local law
Nothing in this section or any program carried out using a grant
provided under this section supersedes or otherwise affects any
State or local law, to the extent that the State or local law
contains a requirement that is more stringent than the relevant
requirement of this section.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2007 through 2012.
(e) Reports
(1) In general
The Administrator shall provide annual reports to Congress on
cost savings achieved and actions taken and recommendations made
under this section, and any recommendations for further action.
(2) Final report
The Administrator shall issue a final report at the conclusion
of the program, including findings, a summary of total cost
savings achieved, and recommendations for further action.
(f) Termination
The program under this section shall terminate on September 30,
2012.
(g) Definitions
In this section, the terms "cost-effective technologies and
practices" and "operating (!1) cost savings" shall have the
meanings defined in section 17061 of this title.
-SOURCE-
(July 14, 1955, ch. 360, title III, Sec. 329, as added Pub. L. 110-
140, title IV, Sec. 493, Dec. 19, 2007, 121 Stat. 1652.)
-MISC1-
EFFECTIVE DATE
Section effective on the date that is 1 day after Dec. 19, 2007,
see section 1601 of Pub. L. 110-140, set out as a note under
section 1824 of Title 2, The Congress.
-FOOTNOTE-
(!1) So in original. Probably should be "operational".
-End-
-CITE-
42 USC SUBCHAPTER IV - NOISE POLLUTION 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV - NOISE POLLUTION
-HEAD-
SUBCHAPTER IV - NOISE POLLUTION
-COD-
CODIFICATION
Another title IV of act July 14, 1955, as added by Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2584, is
classified to subchapter IV-A (Sec. 7651 et seq.) of this chapter.
-End-
-CITE-
42 USC Sec. 7641 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV - NOISE POLLUTION
-HEAD-
Sec. 7641. Noise abatement
-STATUTE-
(a) Office of Noise Abatement and Control
The Administrator shall establish within the Environmental
Protection Agency an Office of Noise Abatement and Control, and
shall carry out through such Office a full and complete
investigation and study of noise and its effect on the public
health and welfare in order to (1) identify and classify causes and
sources of noise, and (2) determine -
(A) effects at various levels;
(B) projected growth of noise levels in urban areas through the
year 2000;
(C) the psychological and physiological effect on humans;
(D) effects of sporadic extreme noise (such as jet noise near
airports) as compared with constant noise;
(E) effect on wildlife and property (including values);
(F) effect of sonic booms on property (including values); and
(G) such other matters as may be of interest in the public
welfare.
(b) Investigation techniques; report and recommendations
In conducting such investigation, the Administrator shall hold
public hearings, conduct research, experiments, demonstrations, and
studies. The Administrator shall report the results of such
investigation and study, together with his recommendations for
legislation or other action, to the President and the Congress not
later than one year after December 31, 1970.
(c) Abatement of noise from Federal activities
In any case where any Federal department or agency is carrying
out or sponsoring any activity resulting in noise which the
Administrator determines amounts to a public nuisance or is
otherwise objectionable, such department or agency shall consult
with the Administrator to determine possible means of abating such
noise.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 402, as added Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709.)
-COD-
CODIFICATION
Another section 402 of act July 14, 1955, as added by Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2585, is
classified to section 7651a of this title.
Section was formerly classified to section 1858 of this title.
-End-
-CITE-
42 USC Sec. 7642 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV - NOISE POLLUTION
-HEAD-
Sec. 7642. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated such amount, not to exceed
$30,000,000, as may be necessary for the purposes of this
subchapter.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 403, as added Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1710.)
-COD-
CODIFICATION
Another section 403 of act July 14, 1955, as added by Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2589, is
classified to section 7651b of this title.
Section was formerly classified to section 1858a of this title.
-End-
-CITE-
42 USC SUBCHAPTER IV-A - ACID DEPOSITION CONTROL 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-COD-
CODIFICATION
Another title IV of act July 14, 1955, as added by Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is classified
principally to subchapter IV (Sec. 7641 et seq.) of this chapter.
-End-
-CITE-
42 USC Sec. 7651 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651. Findings and purposes
-STATUTE-
(a) Findings
The Congress finds that -
(1) the presence of acidic compounds and their precursors in
the atmosphere and in deposition from the atmosphere represents a
threat to natural resources, ecosystems, materials, visibility,
and public health;
(2) the principal sources of the acidic compounds and their
precursors in the atmosphere are emissions of sulfur and nitrogen
oxides from the combustion of fossil fuels;
(3) the problem of acid deposition is of national and
international significance;
(4) strategies and technologies for the control of precursors
to acid deposition exist now that are economically feasible, and
improved methods are expected to become increasingly available
over the next decade;
(5) current and future generations of Americans will be
adversely affected by delaying measures to remedy the problem;
(6) reduction of total atmospheric loading of sulfur dioxide
and nitrogen oxides will enhance protection of the public health
and welfare and the environment; and
(7) control measures to reduce precursor emissions from steam-
electric generating units should be initiated without delay.
(b) Purposes
The purpose of this subchapter is to reduce the adverse effects
of acid deposition through reductions in annual emissions of sulfur
dioxide of ten million tons from 1980 emission levels, and, in
combination with other provisions of this chapter, of nitrogen
oxides emissions of approximately two million tons from 1980
emission levels, in the forty-eight contiguous States and the
District of Columbia. It is the intent of this subchapter to
effectuate such reductions by requiring compliance by affected
sources with prescribed emission limitations by specified
deadlines, which limitations may be met through alternative methods
of compliance provided by an emission allocation and transfer
system. It is also the purpose of this subchapter to encourage
energy conservation, use of renewable and clean alternative
technologies, and pollution prevention as a long-range strategy,
consistent with the provisions of this subchapter, for reducing air
pollution and other adverse impacts of energy production and use.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 401, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2584.)
-COD-
CODIFICATION
Another section 401 of act July 14, 1955, as added by Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is set out as a Short
Title note under section 7401 of this title.
-MISC1-
ACID DEPOSITION STANDARDS
Section 404 of Pub. L. 101-549 directed Administrator of
Environmental Protection Agency, not later than 36 months after
Nov. 15, 1990, to transmit to Congress a report on the feasibility
and effectiveness of an acid deposition standard or standards to
protect sensitive and critically sensitive aquatic and terrestrial
resources.
INDUSTRIAL SO2 EMISSIONS
Section 406 of Pub. L. 101-549 provided that:
"(a) Report. - Not later than January 1, 1995 and every 5 years
thereafter, the Administrator of the Environmental Protection
Agency shall transmit to the Congress a report containing an
inventory of national annual sulfur dioxide emissions from
industrial sources (as defined in title IV of the Act [42 U.S.C.
7651 et seq.]), including units subject to section 405(g)(6) of the
Clean Air Act [42 U.S.C. 7651d(g)(6)], for all years for which data
are available, as well as the likely trend in such emissions over
the following twenty-year period. The reports shall also contain
estimates of the actual emission reduction in each year resulting
from promulgation of the diesel fuel desulfurization regulations
under section 214 [42 U.S.C. 7548].
"(b) 5.60 Million Ton Cap. - Whenever the inventory required by
this section indicates that sulfur dioxide emissions from
industrial sources, including units subject to section 405(g)(5) of
the Clean Air Act [42 U.S.C. 7651d(g)(5)], may reasonably be
expected to reach levels greater than 5.60 million tons per year,
the Administrator of the Environmental Protection Agency shall take
such actions under the Clean Air Act [42 U.S.C. 7401 et seq.] as
may be appropriate to ensure that such emissions do not exceed 5.60
million tons per year. Such actions may include the promulgation of
new and revised standards of performance for new sources, including
units subject to section 405(g)(5) of the Clean Air Act, under
section 111(b) of the Clean Air Act [42 U.S.C. 7411(b)], as well as
promulgation of standards of performance for existing sources,
including units subject to section 405(g)(5) of the Clean Air Act,
under authority of this section. For an existing source regulated
under this section, 'standard of performance' means a standard
which the Administrator determines is applicable to that source and
which reflects the degree of emission reduction achievable through
the application of the best system of continuous emission reduction
which (taking into consideration the cost of achieving such
emission reduction, and any nonair quality health and environmental
impact and energy requirements) the Administrator determines has
been adequately demonstrated for that category of sources.
"(c) Election. - Regulations promulgated under section 405(b) of
the Clean Air Act [42 U.S.C. 7651d(b)] shall not prohibit a source
from electing to become an affected unit under section 410 of the
Clean Air Act [42 U.S.C. 7651i]."
[For termination, effective May 15, 2000, of reporting provisions
in section 406(a) of Pub. L. 101-549, set out above, see section
3003 of Pub. L. 104-66, as amended, set out as a note under section
1113 of Title 31, Money and Finance, and the 10th item on page 162
of House Document No. 103-7.]
SENSE OF CONGRESS ON EMISSION REDUCTIONS COSTS
Section 407 of Pub. L. 101-549 provided that: "It is the sense of
the Congress that the Clean Air Act Amendments of 1990 [Pub. L. 101-
549, see Tables for classification], through the allowance
program, allocates the costs of achieving the required reductions
in emissions of sulfur dioxide and oxides of nitrogen among sources
in the United States. Broad based taxes and emissions fees that
would provide for payment of the costs of achieving required
emissions reductions by any party or parties other than the sources
required to achieve the reductions are undesirable."
MONITORING OF ACID RAIN PROGRAM IN CANADA
Section 408 of Pub. L. 101-549 provided that:
"(a) Reports to Congress. - The Administrator of the
Environmental Protection Agency, in consultation with the Secretary
of State, the Secretary of Energy, and other persons the
Administrator deems appropriate, shall prepare and submit a report
to Congress on January 1, 1994, January 1, 1999, and January 1,
2005.
"(b) Contents. - The report to Congress shall analyze the current
emission levels of sulfur dioxide and nitrogen oxides in each of
the provinces participating in Canada's acid rain control program,
the amount of emission reductions of sulfur dioxide and oxides of
nitrogen achieved by each province, the methods utilized by each
province in making those reductions, the costs to each province and
the employment impacts in each province of making and maintaining
those reductions.
"(c) Compliance. - Beginning on January 1, 1999, the reports
shall also assess the degree to which each province is complying
with its stated emissions cap."
-End-
-CITE-
42 USC Sec. 7651a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651a. Definitions
-STATUTE-
As used in this subchapter:
(1) The term "affected source" means a source that includes one
or more affected units.
(2) The term "affected unit" means a unit that is subject to
emission reduction requirements or limitations under this
subchapter.
(3) The term "allowance" means an authorization, allocated to
an affected unit by the Administrator under this subchapter, to
emit, during or after a specified calendar year, one ton of
sulfur dioxide.
(4) The term "baseline" means the annual quantity of fossil
fuel consumed by an affected unit, measured in millions of
British Thermal Units ("mmBtu's"), calculated as follows:
(A) For each utility unit that was in commercial operation
prior to January 1, 1985, the baseline shall be the annual
average quantity of mmBtu's consumed in fuel during calendar
years 1985, 1986, and 1987, as recorded by the Department of
Energy pursuant to Form 767. For any utility unit for which
such form was not filed, the baseline shall be the level
specified for such unit in the 1985 National Acid Precipitation
Assessment Program (NAPAP) Emissions Inventory, Version 2,
National Utility Reference File (NURF) or in a corrected data
base as established by the Administrator pursuant to paragraph
(3).(!1) For nonutility units, the baseline is the NAPAP
Emissions Inventory, Version 2. The Administrator, in the
Administrator's sole discretion, may exclude periods during
which a unit is shutdown for a continuous period of four
calendar months or longer, and make appropriate adjustments
under this paragraph. Upon petition of the owner or operator of
any unit, the Administrator may make appropriate baseline
adjustments for accidents that caused prolonged outages.
(B) For any other nonutility unit that is not included in the
NAPAP Emissions Inventory, Version 2, or a corrected data base
as established by the Administrator pursuant to paragraph
(3),(!1) the baseline shall be the annual average quantity, in
mmBtu consumed in fuel by that unit, as calculated pursuant to
a method which the administrator shall prescribe by regulation
to be promulgated not later than eighteen months after November
15, 1990.
(C) The Administrator shall, upon application or on his own
motion, by December 31, 1991, supplement data needed in support
of this subchapter and correct any factual errors in data from
which affected Phase II units' baselines or actual 1985
emission rates have been calculated. Corrected data shall be
used for purposes of issuing allowances under the (!2)
subchapter. Such corrections shall not be subject to judicial
review, nor shall the failure of the Administrator to correct
an alleged factual error in such reports be subject to judicial
review.
(5) The term "capacity factor" means the ratio between the
actual electric output from a unit and the potential electric
output from that unit.
(6) The term "compliance plan" means, for purposes of the
requirements of this subchapter, either -
(A) a statement that the source will comply with all
applicable requirements under this subchapter, or
(B) where applicable, a schedule and description of the
method or methods for compliance and certification by the owner
or operator that the source is in compliance with the
requirements of this subchapter.
(7) The term "continuous emission monitoring system" (CEMS)
means the equipment as required by section 7651k of this title,
used to sample, analyze, measure, and provide on a continuous
basis a permanent record of emissions and flow (expressed in
pounds per million British thermal units (lbs/mmBtu), pounds per
hour (lbs/hr) or such other form as the Administrator may
prescribe by regulations under section 7651k of this title).
(8) The term "existing unit" means a unit (including units
subject to section 7411 of this title) that commenced commercial
operation before November 15, 1990. Any unit that commenced
commercial operation before November 15, 1990, which is modified,
reconstructed, or repowered after November 15, 1990, shall
continue to be an existing unit for the purposes of this
subchapter. For the purposes of this subchapter, existing units
shall not include simple combustion turbines, or units which
serve a generator with a nameplate capacity of 25MWe or less.
(9) The term "generator" means a device that produces
electricity and which is reported as a generating unit pursuant
to Department of Energy Form 860.
(10) The term "new unit" means a unit that commences commercial
operation on or after November 15, 1990.
(11) The term "permitting authority" means the Administrator,
or the State or local air pollution control agency, with an
approved permitting program under part B (!3) of title III of the
Act.
(12) The term "repowering" means replacement of an existing
coal-fired boiler with one of the following clean coal
technologies: atmospheric or pressurized fluidized bed
combustion, integrated gasification combined cycle,
magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
Administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
technology capable of controlling multiple combustion emissions
simultaneously with improved boiler or generation efficiency and
with significantly greater waste reduction relative to the
performance of technology in widespread commercial use as of
November 15, 1990. Notwithstanding the provisions of section
7651h(a) of this title, for the purpose of this subchapter, the
term "repowering" shall also include any oil and/or gas-fired
unit which has been awarded clean coal technology demonstration
funding as of January 1, 1991, by the Department of Energy.
(13) The term "reserve" means any bank of allowances
established by the Administrator under this subchapter.
(14) The term "State" means one of the 48 contiguous States and
the District of Columbia.
(15) The term "unit" means a fossil fuel-fired combustion
device.
(16) The term "actual 1985 emission rate", for electric utility
units means the annual sulfur dioxide or nitrogen oxides emission
rate in pounds per million Btu as reported in the NAPAP Emissions
Inventory, Version 2, National Utility Reference File. For
nonutility units, the term "actual 1985 emission rate" means the
annual sulfur dioxide or nitrogen oxides emission rate in pounds
per million Btu as reported in the NAPAP Emission Inventory,
Version 2.
(17)(A) The term "utility unit" means -
(i) a unit that serves a generator in any State that produces
electricity for sale, or
(ii) a unit that, during 1985, served a generator in any
State that produced electricity for sale.
(B) Notwithstanding subparagraph (A), a unit described in
subparagraph (A) that -
(i) was in commercial operation during 1985, but
(ii) did not, during 1985, serve a generator in any State
that produced electricity for sale shall not be a utility unit
for purposes of this subchapter.
(C) A unit that cogenerates steam and electricity is not a
"utility unit" for purposes of this subchapter unless the unit is
constructed for the purpose of supplying, or commences
construction after November 15, 1990, and supplies, more than one-
third of its potential electric output capacity and more than 25
megawatts electrical output to any utility power distribution
system for sale.
(18) The term "allowable 1985 emissions rate" means a federally
enforceable emissions limitation for sulfur dioxide or oxides of
nitrogen, applicable to the unit in 1985 or the limitation
applicable in such other subsequent year as determined by the
Administrator if such a limitation for 1985 does not exist. Where
the emissions limitation for a unit is not expressed in pounds of
emissions per million Btu, or the averaging period of that
emissions limitation is not expressed on an annual basis, the
Administrator shall calculate the annual equivalent of that
emissions limitation in pounds per million Btu to establish the
allowable 1985 emissions rate.
(19) The term "qualifying phase I technology" means a
technological system of continuous emission reduction which
achieves a 90 percent reduction in emissions of sulfur dioxide
from the emissions that would have resulted from the use of fuels
which were not subject to treatment prior to combustion.
(20) The term "alternative method of compliance" means a method
of compliance in accordance with one or more of the following
authorities:
(A) a substitution plan submitted and approved in accordance
with subsections (!4) 7651c(b) and (c) of this title;
(B) a Phase I extension plan approved by the Administrator
under section 7651c(d) of this title, using qualifying phase I
technology as determined by the Administrator in accordance
with that section; or
(C) repowering with a qualifying clean coal technology under
section 7651h of this title.
(21) The term "commenced" as applied to construction of any new
electric utility unit means that an owner or operator has
undertaken a continuous program of construction or that an owner
or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction.
(22) The term "commenced commercial operation" means to have
begun to generate electricity for sale.
(23) The term "construction" means fabrication, erection, or
installation of an affected unit.
(24) The term "industrial source" means a unit that does not
serve a generator that produces electricity, a "nonutility unit"
as defined in this section, or a process source as defined in
section 7651i(e) (!5) of this title.
(25) The term "nonutility unit" means a unit other than a
utility unit.
(26) The term "designated representative" means a responsible
person or official authorized by the owner or operator of a unit
to represent the owner or operator in matters pertaining to the
holding, transfer, or disposition of allowances allocated to a
unit, and the submission of and compliance with permits, permit
applications, and compliance plans for the unit.
(27) The term "life-of-the-unit, firm power contractual
arrangement" means a unit participation power sales agreement
under which a utility or industrial customer reserves, or is
entitled to receive, a specified amount or percentage of capacity
and associated energy generated by a specified generating unit
(or units) and pays its proportional amount of such unit's total
costs, pursuant to a contract either -
(A) for the life of the unit;
(B) for a cumulative term of no less than 30 years, including
contracts that permit an election for early termination; or
(C) for a period equal to or greater than 25 years or 70
percent of the economic useful life of the unit determined as
of the time the unit was built, with option rights to purchase
or re-lease some portion of the capacity and associated energy
generated by the unit (or units) at the end of the period.
(28) The term "basic Phase II allowance allocations" means:
(A) For calendar years 2000 through 2009 inclusive,
allocations of allowances made by the Administrator pursuant to
section 7651b of this title and subsections (b)(1), (3), and
(4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e);
(f); (g)(1), (2), (3), (4), and (5); (h)(1); (i) and (j) of
section 7651d of this title.
(B) For each calendar year beginning in 2010, allocations of
allowances made by the Administrator pursuant to section 7651b
of this title and subsections (b)(1), (3), and (4); (c)(1),
(2), (3), and (5); (d)(1), (2), (4) and (5); (e); (f); (g)(1),
(2), (3), (4), and (5); (h)(1) and (3); (i) and (j) of section
7651d of this title.
(29) The term "Phase II bonus allowance allocations" means, for
calendar year 2000 through 2009, inclusive, and only for such
years, allocations made by the Administrator pursuant to section
7651b of this title, subsections (a)(2), (b)(2), (c)(4), (d)(3)
(except as otherwise provided therein), and (h)(2) of section
7651d of this title, and section 7651e of this title.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 402, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2585.)
-REFTEXT-
REFERENCES IN TEXT
Part B of title III of the Act, referred to in par. (11), means
title III of the Clean Air Act, act July 14, 1955, ch. 360, as
added, which is classified to subchapter III of this chapter, but
title III does not contain parts. For provisions of the Clean Air
Act relating to permits, see subchapter V (Sec. 7661 et seq.) of
this chapter.
-COD-
CODIFICATION
Another section 402 of act July 14, 1955, as added by Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is classified to
section 7641 of this title.
-FOOTNOTE-
(!1) So in original. The reference to "paragraph (3)" probably
should be to "subparagraph (C)".
(!2) So in original. Probably should be "this".
(!3) See References in Text note below.
(!4) So in original. Probably should be "section".
(!5) So in original. Probably should be section "7651i(d)".
-End-
-CITE-
42 USC Sec. 7651b 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651b. Sulfur dioxide allowance program for existing and new
units
-STATUTE-
(a) Allocations of annual allowances for existing and new units
(1) (!1) For the emission limitation programs under this
subchapter, the Administrator shall allocate annual allowances for
the unit, to be held or distributed by the designated
representative of the owner or operator of each affected unit at an
affected source in accordance with this subchapter, in an amount
equal to the annual tonnage emission limitation calculated under
section 7651c, 7651d, 7651e, 7651h, or 7651i of this title except
as otherwise specifically provided elsewhere in this subchapter.
Except as provided in sections 7651d(a)(2), 7651d(a)(3), 7651h and
7651i of this title, beginning January 1, 2000, the Administrator
shall not allocate annual allowances to emit sulfur dioxide
pursuant to section 7651d of this title in such an amount as would
result in total annual emissions of sulfur dioxide from utility
units in excess of 8.90 million tons except that the Administrator
shall not take into account unused allowances carried forward by
owners and operators of affected units or by other persons holding
such allowances, following the year for which they were allocated.
If necessary to meeting the restrictions imposed in the preceding
sentence, the Administrator shall reduce, pro rata, the basic Phase
II allowance allocations for each unit subject to the requirements
of section 7651d of this title. Subject to the provisions of
section 7651o of this title, the Administrator shall allocate
allowances for each affected unit at an affected source annually,
as provided in paragraphs (2) and (3) (!1) and section 7651g of
this title. Except as provided in sections 7651h and 7651i of this
title, the removal of an existing affected unit or source from
commercial operation at any time after November 15, 1990 (whether
before or after January 1, 1995, or January 1, 2000) shall not
terminate or otherwise affect the allocation of allowances pursuant
to section 7651c or 7651d of this title to which the unit is
entitled. Allowances shall be allocated by the Administrator
without cost to the recipient, except for allowances sold by the
Administrator pursuant to section 7651o of this title. Not later
than December 31, 1991, the Administrator shall publish a proposed
list of the basic Phase II allowance allocations, the Phase II
bonus allowance allocations and, if applicable, allocations
pursuant to section 7651d(a)(3) of this title for each unit subject
to the emissions limitation requirements of section 7651d of this
title for the year 2000 and the year 2010. After notice and
opportunity for public comment, but not later than December 31,
1992, the Administrator shall publish a final list of such
allocations, subject to the provisions of section 7651d(a)(2) of
this title. Any owner or operator of an existing unit subject to
the requirements of section 7651d(b) or (c) of this title who is
considering applying for an extension of the emission limitation
requirement compliance deadline for that unit from January 1, 2000,
until not later than December 31, 2000, pursuant to section 7651h
of this title, shall notify the Administrator no later than March
31, 1991. Such notification shall be used as the basis for
estimating the basic Phase II allowances under this subsection.
Prior to June 1, 1998, the Administrator shall publish a revised
final statement of allowance allocations, subject to the provisions
of section 7651d(a)(2) of this title and taking into account the
effect of any compliance date extensions granted pursuant to
section 7651h of this title on such allocations. Any person who may
make an election concerning the amount of allowances to be
allocated to a unit or units shall make such election and so inform
the Administrator not later than March 31, 1991, in the case of an
election under section 7651d of this title (or June 30, 1991, in
the case of an election under section 7651e of this title). If such
person fails to make such election, the Administrator shall set
forth for each unit owned or operated by such person, the amount of
allowances reflecting the election that would, in the judgment of
the Administrator, provide the greatest benefit for the owner or
operator of the unit. If such person is a Governor who may make an
election under section 7651e of this title and the Governor fails
to make an election, the Administrator shall set forth for each
unit in the State the amount of allowances reflecting the election
that would, in the judgment of the Administrator, provide the
greatest benefit for units in the State.
(b) Allowance transfer system
Allowances allocated under this subchapter may be transferred
among designated representatives of the owners or operators of
affected sources under this subchapter and any other person who
holds such allowances, as provided by the allowance system
regulations to be promulgated by the Administrator not later than
eighteen months after November 15, 1990. Such regulations shall
establish the allowance system prescribed under this section,
including, but not limited to, requirements for the allocation,
transfer, and use of allowances under this subchapter. Such
regulations shall prohibit the use of any allowance prior to the
calendar year for which the allowance was allocated, and shall
provide, consistent with the purposes of this subchapter, for the
identification of unused allowances, and for such unused allowances
to be carried forward and added to allowances allocated in
subsequent years, including allowances allocated to units subject
to Phase I requirements (as described in section 7651c of this
title) which are applied to emissions limitations requirements in
Phase II (as described in section 7651d of this title). Transfers
of allowances shall not be effective until written certification of
the transfer, signed by a responsible official of each party to the
transfer, is received and recorded by the Administrator. Such
regulations shall permit the transfer of allowances prior to the
issuance of such allowances. Recorded pre-allocation transfers
shall be deducted by the Administrator from the number of
allowances which would otherwise be allocated to the transferor,
and added to those allowances allocated to the transferee. Pre-
allocation transfers shall not affect the prohibition contained in
this subsection against the use of allowances prior to the year for
which they are allocated.
(c) Interpollutant trading
Not later than January 1, 1994, the Administrator shall furnish
to the Congress a study evaluating the environmental and economic
consequences of amending this subchapter to permit trading sulfur
dioxide allowances for nitrogen oxides allowances.
(d) Allowance tracking system
(1) The Administrator shall promulgate, not later than 18 months
after November 15, 1990, a system for issuing, recording, and
tracking allowances, which shall specify all necessary procedures
and requirements for an orderly and competitive functioning of the
allowance system. All allowance allocations and transfers shall,
upon recordation by the Administrator, be deemed a part of each
unit's permit requirements pursuant to section 7651g of this title,
without any further permit review and revision.
(2) In order to insure electric reliability, such regulations
shall not prohibit or affect temporary increases and decreases in
emissions within utility systems, power pools, or utilities
entering into allowance pool agreements, that result from their
operations, including emergencies and central dispatch, and such
temporary emissions increases and decreases shall not require
transfer of allowances among units nor shall it require
recordation. The owners or operators of such units shall act
through a designated representative. Notwithstanding the preceding
sentence, the total tonnage of emissions in any calendar year
(calculated at the end thereof) from all units in such a utility
system, power pool, or allowance pool agreements shall not exceed
the total allowances for such units for the calendar year
concerned.
(e) New utility units
After January 1, 2000, it shall be unlawful for a new utility
unit to emit an annual tonnage of sulfur dioxide in excess of the
number of allowances to emit held for the unit by the unit's owner
or operator. Such new utility units shall not be eligible for an
allocation of sulfur dioxide allowances under subsection (a)(1) of
this section, unless the unit is subject to the provisions of
subsection (g)(2) or (3) of section 7651d of this title. New
utility units may obtain allowances from any person, in accordance
with this subchapter. The owner or operator of any new utility unit
in violation of this subsection shall be liable for fulfilling the
obligations specified in section 7651j of this title.
(f) Nature of allowances
An allowance allocated under this subchapter is a limited
authorization to emit sulfur dioxide in accordance with the
provisions of this subchapter. Such allowance does not constitute a
property right. Nothing in this subchapter or in any other
provision of law shall be construed to limit the authority of the
United States to terminate or limit such authorization. Nothing in
this section relating to allowances shall be construed as affecting
the application of, or compliance with, any other provision of this
chapter to an affected unit or source, including the provisions
related to applicable National Ambient Air Quality Standards and
State implementation plans. Nothing in this section shall be
construed as requiring a change of any kind in any State law
regulating electric utility rates and charges or affecting any
State law regarding such State regulation or as limiting State
regulation (including any prudency review) under such a State law.
Nothing in this section shall be construed as modifying the Federal
Power Act [16 U.S.C. 791a et seq.] or as affecting the authority of
the Federal Energy Regulatory Commission under that Act. Nothing in
this subchapter shall be construed to interfere with or impair any
program for competitive bidding for power supply in a State in
which such program is established. Allowances, once allocated to a
person by the Administrator, may be received, held, and temporarily
or permanently transferred in accordance with this subchapter and
the regulations of the Administrator without regard to whether or
not a permit is in effect under subchapter V of this chapter or
section 7651g of this title with respect to the unit for which such
allowance was originally allocated and recorded. Each permit under
this subchapter and each permit issued under subchapter V of this
chapter for any affected unit shall provide that the affected unit
may not emit an annual tonnage of sulfur dioxide in excess of the
allowances held for that unit.
(g) Prohibition
It shall be unlawful for any person to hold, use, or transfer any
allowance allocated under this subchapter, except in accordance
with regulations promulgated by the Administrator. It shall be
unlawful for any affected unit to emit sulfur dioxide in excess of
the number of allowances held for that unit for that year by the
owner or operator of the unit. Upon the allocation of allowances
under this subchapter, the prohibition contained in the preceding
sentence shall supersede any other emission limitation applicable
under this subchapter to the units for which such allowances are
allocated. Allowances may not be used prior to the calendar year
for which they are allocated. Nothing in this section or in the
allowance system regulations shall relieve the Administrator of the
Administrator's permitting, monitoring and enforcement obligations
under this chapter, nor relieve affected sources of their
requirements and liabilities under this chapter.
(h) Competitive bidding for power supply
Nothing in this subchapter shall be construed to interfere with
or impair any program for competitive bidding for power supply in a
State in which such program is established.
(i) Applicability of antitrust laws
(1) Nothing in this section affects -
(A) the applicability of the antitrust laws to the transfer,
use, or sale of allowances, or
(B) the authority of the Federal Energy Regulatory Commission
under any provision of law respecting unfair methods of
competition or anticompetitive acts or practices.
(2) As used in this section, "antitrust laws" means those Acts
set forth in section 12 of title 15.
(j) Public Utility Holding Company Act
The acquisition or disposition of allowances pursuant to this
subchapter including the issuance of securities or the undertaking
of any other financing transaction in connection with such
allowances shall not be subject to the provisions of the Public
Utility Holding Company Act of 1935.(!2)
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 403, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2589.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec. (f), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 (Sec. 791a et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code,
see section 791a of Title 16 and Tables.
The Public Utility Holding Company Act of 1935, referred to in
subsec. (j), is title I of act Aug. 26, 1935, ch. 687, 49 Stat.
803, as amended, which was classified generally to chapter 2C (Sec.
79 et seq.) of Title 15, Commerce and Trade, prior to repeal by
Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119 Stat. 974.
For complete classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Another section 403 of act July 14, 1955, as added by Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1710, is classified to
section 7642 of this title.
-MISC1-
FOSSIL FUEL USE
Section 402 of title IV of Pub. L. 101-549 provided that:
"(a) Contracts for Hydroelectric Energy. - Any person who, after
the date of the enactment of the Clean Air Act Amendments of 1990
[Nov. 15, 1990], enters into a contract under which such person
receives hydroelectric energy in return for the provision of
electric energy by such person shall use allowances held by such
person as necessary to satisfy such person's obligations under such
contract.
"(b) Federal Power Marketing Administration. - A Federal Power
Marketing Administration shall not be subject to the provisions and
requirements of this title [enacting this subchapter, amending
sections 7410, 7411, and 7479 of this title, and enacting
provisions set out as notes under sections 7403, 7411, and 7651 of
this title] with respect to electric energy generated by
hydroelectric facilities and marketed by such Power Marketing
Administration. Any person who sells or provides electric energy to
a Federal Power Marketing Administration shall comply with the
provisions and requirements of this title."
-FOOTNOTE-
(!1) So in original. No pars. (2) and (3) have been enacted.
(!2) See References in Text note below.
-End-
-CITE-
42 USC Sec. 7651c 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651c. Phase I sulfur dioxide requirements
-STATUTE-
(a) Emission limitations
(1) After January 1, 1995, each source that includes one or more
affected units listed in table A is an affected source under this
section. After January 1, 1995, it shall be unlawful for any
affected unit (other than an eligible phase I unit under subsection
(d)(2) of this section) to emit sulfur dioxide in excess of the
tonnage limitation stated as a total number of allowances in table
A for phase I, unless (A) the emissions reduction requirements
applicable to such unit have been achieved pursuant to subsection
(b) or (d) of this section, or (B) the owner or operator of such
unit holds allowances to emit not less than the unit's total annual
emissions, except that, after January 1, 2000, the emissions
limitations established in this section shall be superseded by
those established in section 7651d of this title. The owner or
operator of any unit in violation of this section shall be fully
liable for such violation including, but not limited to, liability
for fulfilling the obligations specified in section 7651j of this
title.
(2) Not later than December 31, 1991, the Administrator shall
determine the total tonnage of reductions in the emissions of
sulfur dioxide from all utility units in calendar year 1995 that
will occur as a result of compliance with the emissions limitation
requirements of this section, and shall establish a reserve of
allowances equal in amount to the number of tons determined thereby
not to exceed a total of 3.50 million tons. In making such a
determination, the Administrator shall compute for each unit
subject to the emissions limitation requirements of this section
the difference between:
(A) the product of its baseline multiplied by the lesser of
each unit's allowable 1985 emissions rate and its actual 1985
emissions rate, divided by 2,000, and
(B) the product of each unit's baseline multiplied by 2.50
lbs/mmBtu divided by 2,000,
and sum the computations. The Administrator shall adjust the
foregoing calculation to reflect projected calendar year 1995
utilization of the units subject to the emissions limitations of
this subchapter that the Administrator finds would have occurred in
the absence of the imposition of such requirements. Pursuant to
subsection (d) of this section, the Administrator shall allocate
allowances from the reserve established hereinunder until the
earlier of such time as all such allowances in the reserve are
allocated or December 31, 1999.
(3) In addition to allowances allocated pursuant to paragraph
(1), in each calendar year beginning in 1995 and ending in 1999,
inclusive, the Administrator shall allocate for each unit on Table
A that is located in the States of Illinois, Indiana, or Ohio
(other than units at Kyger Creek, Clifty Creek and Joppa Steam),
allowances in an amount equal to 200,000 multiplied by the unit's
pro rata share of the total number of allowances allocated for all
units on Table A in the 3 States (other than units at Kyger Creek,
Clifty Creek, and Joppa Steam) pursuant to paragraph (1). Such
allowances shall be excluded from the calculation of the reserve
under paragraph (2).
(b) Substitutions
The owner or operator of an affected unit under subsection (a) of
this section may include in its section 7651g of this title permit
application and proposed compliance plan a proposal to reassign, in
whole or in part, the affected unit's sulfur dioxide reduction
requirements to any other unit(s) under the control of such owner
or operator. Such proposal shall specify -
(1) the designation of the substitute unit or units to which
any part of the reduction obligations of subsection (a) of this
section shall be required, in addition to, or in lieu of, any
original affected units designated under such subsection;
(2) the original affected unit's baseline, the actual and
allowable 1985 emissions rate for sulfur dioxide, and the
authorized annual allowance allocation stated in table A;
(3) calculation of the annual average tonnage for calendar
years 1985, 1986, and 1987, emitted by the substitute unit or
units, based on the baseline for each unit, as defined in section
7651a(d) (!1) of this title, multiplied by the lesser of the
unit's actual or allowable 1985 emissions rate;
(4) the emissions rates and tonnage limitations that would be
applicable to the original and substitute affected units under
the substitution proposal;
(5) documentation, to the satisfaction of the Administrator,
that the reassigned tonnage limits will, in total, achieve the
same or greater emissions reduction than would have been achieved
by the original affected unit and the substitute unit or units
without such substitution; and
(6) such other information as the Administrator may require.
(c) Administrator's action on substitution proposals
(1) The Administrator shall take final action on such
substitution proposal in accordance with section 7651g(c) of this
title if the substitution proposal fulfills the requirements of
this subsection. The Administrator may approve a substitution
proposal in whole or in part and with such modifications or
conditions as may be consistent with the orderly functioning of the
allowance system and which will ensure the emissions reductions
contemplated by this subchapter. If a proposal does not meet the
requirements of subsection (b) of this section, the Administrator
shall disapprove it. The owner or operator of a unit listed in
table A shall not substitute another unit or units without the
prior approval of the Administrator.
(2) Upon approval of a substitution proposal, each substitute
unit, and each source with such unit, shall be deemed affected
under this subchapter, and the Administrator shall issue a permit
to the original and substitute affected source and unit in
accordance with the approved substitution plan and section 7651g of
this title. The Administrator shall allocate allowances for the
original and substitute affected units in accordance with the
approved substitution proposal pursuant to section 7651b of this
title. It shall be unlawful for any source or unit that is
allocated allowances pursuant to this section to emit sulfur
dioxide in excess of the emissions limitation provided for in the
approved substitution permit and plan unless the owner or operator
of each unit governed by the permit and approved substitution plan
holds allowances to emit not less than the units (!2) total annual
emissions. The owner or operator of any original or substitute
affected unit operated in violation of this subsection shall be
fully liable for such violation, including liability for fulfilling
the obligations specified in section 7651j of this title. If a
substitution proposal is disapproved, the Administrator shall
allocate allowances to the original affected unit or units in
accordance with subsection (a) of this section.
(d) Eligible phase I extension units
(1) The owner or operator of any affected unit subject to an
emissions limitation requirement under this section may petition
the Administrator in its permit application under section 7651g of
this title for an extension of 2 years of the deadline for meeting
such requirement, provided that the owner or operator of any such
unit holds allowances to emit not less than the unit's total annual
emissions for each of the 2 years of the period of extension. To
qualify for such an extension, the affected unit must either employ
a qualifying phase I technology, or transfer its phase I emissions
reduction obligation to a unit employing a qualifying phase I
technology. Such transfer shall be accomplished in accordance with
a compliance plan, submitted and approved under section 7651g of
this title, that shall govern operations at all units included in
the transfer, and that specifies the emissions reduction
requirements imposed pursuant to this subchapter.
(2) Such extension proposal shall -
(A) specify the unit or units proposed for designation as an
eligible phase I extension unit;
(B) provide a copy of an executed contract, which may be
contingent upon the Administrator approving the proposal, for the
design engineering, and construction of the qualifying phase I
technology for the extension unit, or for the unit or units to
which the extension unit's emission reduction obligation is to be
transferred;
(C) specify the unit's or units' baseline, actual 1985
emissions rate, allowable 1985 emissions rate, and projected
utilization for calendar years 1995 through 1999;
(D) require CEMS on both the eligible phase I extension unit or
units and the transfer unit or units beginning no later than
January 1, 1995; and
(E) specify the emission limitation and number of allowances
expected to be necessary for annual operation after the
qualifying phase I technology has been installed.
(3) The Administrator shall review and take final action on each
extension proposal in order of receipt, consistent with section
7651g of this title, and for an approved proposal shall designate
the unit or units as an eligible phase I extension unit. The
Administrator may approve an extension proposal in whole or in
part, and with such modifications or conditions as may be
necessary, consistent with the orderly functioning of the allowance
system, and to ensure the emissions reductions contemplated by the
(!3) subchapter.
(4) In order to determine the number of proposals eligible for
allocations from the reserve under subsection (a)(2) of this
section and the number of allowances remaining available after each
proposal is acted upon, the Administrator shall reduce the total
number of allowances remaining available in the reserve by the
number of allowances calculated according to subparagraphs (A), (B)
and (C) until either no allowances remain available in the reserve
for further allocation or all approved proposals have been acted
upon. If no allowances remain available in the reserve for further
allocation before all proposals have been acted upon by the
Administrator, any pending proposals shall be disapproved. The
Administrator shall calculate allowances equal to -
(A) the difference between the lesser of the average annual
emissions in calendar years 1988 and 1989 or the projected
emissions tonnage for calendar year 1995 of each eligible phase I
extension unit, as designated under paragraph (3), and the
product of the unit's baseline multiplied by an emission rate of
2.50 lbs/mmBtu, divided by 2,000;
(B) the difference between the lesser of the average annual
emissions in calendar years 1988 and 1989 or the projected
emissions tonnage for calendar year 1996 of each eligible phase I
extension unit, as designated under paragraph (3), and the
product of the unit's baseline multiplied by an emission rate of
2.50 lbs/mmBtu, divided by 2,000; and
(C) the amount by which (i) the product of each unit's baseline
multiplied by an emission rate of 1.20 lbs/mmBtu, divided by
2,000, exceeds (ii) the tonnage level specified under
subparagraph (E) of paragraph (2) of this subsection multiplied
by a factor of 3.
(5) Each eligible Phase I extension unit shall receive allowances
determined under subsection (a)(1) or (c) of this section. In
addition, for calendar year 1995, the Administrator shall allocate
to each eligible Phase I extension unit, from the allowance reserve
created pursuant to subsection (a)(2) of this section, allowances
equal to the difference between the lesser of the average annual
emissions in calendar years 1988 and 1989 or its projected
emissions tonnage for calendar year 1995 and the product of the
unit's baseline multiplied by an emission rate of 2.50 lbs/mmBtu,
divided by 2,000. In calendar year 1996, the Administrator shall
allocate for each eligible unit, from the allowance reserve created
pursuant to subsection (a)(2) of this section, allowances equal to
the difference between the lesser of the average annual emissions
in calendar years 1988 and 1989 or its projected emissions tonnage
for calendar year 1996 and the product of the unit's baseline
multiplied by an emission rate of 2.50 lbs/mmBtu, divided by 2,000.
It shall be unlawful for any source or unit subject to an approved
extension plan under this subsection to emit sulfur dioxide in
excess of the emissions limitations provided for in the permit and
approved extension plan, unless the owner or operator of each unit
governed by the permit and approved plan holds allowances to emit
not less than the unit's total annual emissions.
(6) In addition to allowances specified in paragraph (5), the
Administrator shall allocate for each eligible Phase I extension
unit employing qualifying Phase I technology, for calendar years
1997, 1998, and 1999, additional allowances, from any remaining
allowances in the reserve created pursuant to subsection (a)(2) of
this section, following the reduction in the reserve provided for
in paragraph (4), not to exceed the amount by which (A) the product
of each eligible unit's baseline times an emission rate of 1.20
lbs/mmBtu, divided by 2,000, exceeds (B) the tonnage level
specified under subparagraph (E) of paragraph (2) of this
subsection.
(7) After January 1, 1997, in addition to any liability under
this chapter, including under section 7651j of this title, if any
eligible phase I extension unit employing qualifying phase I
technology or any transfer unit under this subsection emits sulfur
dioxide in excess of the annual tonnage limitation specified in the
extension plan, as approved in paragraph (3) of this subsection,
the Administrator shall, in the calendar year following such
excess, deduct allowances equal to the amount of such excess from
such unit's annual allowance allocation.
(e) Allocation of allowances
(1) In the case of a unit that receives authorization from the
Governor of the State in which such unit is located to make
reductions in the emissions of sulfur dioxide prior to calendar
year 1995 and that is part of a utility system that meets the
following requirements: (A) the total coal-fired generation within
the utility system as a percentage of total system generation
decreased by more than 20 percent between January 1, 1980, and
December 31, 1985; and (B) the weighted capacity factor of all coal-
fired units within the utility system averaged over the period
from January 1, 1985, through December 31, 1987, was below 50
percent, the Administrator shall allocate allowances under this
paragraph for the unit pursuant to this subsection. The
Administrator shall allocate allowances for a unit that is an
affected unit pursuant to section 7651d of this title (but is not
also an affected unit under this section) and part of a utility
system that includes 1 or more affected units under section 7651d
of this title for reductions in the emissions of sulfur dioxide
made during the period 1995-1999 if the unit meets the requirements
of this subsection and the requirements of the preceding sentence,
except that for the purposes of applying this subsection to any
such unit, the prior year concerned as specified below, shall be
any year after January 1, 1995 but prior to January 1, 2000.
(2) In the case of an affected unit under this section described
in subparagraph (A),(!4) the allowances allocated under this
subsection for early reductions in any prior year may not exceed
the amount which (A) the product of the unit's baseline multiplied
by the unit's 1985 actual sulfur dioxide emission rate (in lbs. per
mmBtu), divided by 2,000, exceeds (B) the allowances specified for
such unit in Table A. In the case of an affected unit under section
7651d of this title described in subparagraph (A),(!4) the
allowances awarded under this subsection for early reductions in
any prior year may not exceed the amount by which (i) the product
of the quantity of fossil fuel consumed by the unit (in mmBtu) in
the prior year multiplied by the lesser of 2.50 or the most
stringent emission rate (in lbs. per mmBtu) applicable to the unit
under the applicable implementation plan, divided by 2,000, exceeds
(ii) the unit's actual tonnage of sulfur dioxide emission for the
prior year concerned. Allowances allocated under this subsection
for units referred to in subparagraph (A) (!4) may be allocated
only for emission reductions achieved as a result of physical
changes or changes in the method of operation made after November
15, 1990, including changes in the type or quality of fossil fuel
consumed.
(3) In no event shall the provisions of this paragraph (!5) be
interpreted as an event of force majeur (!6) or a commercial
impractibility (!7) or in any other way as a basis for excused
nonperformance by a utility system under a coal sales contract in
effect before November 15, 1990.
TABLE A. - AFFECTED SOURCES AND UNITS IN PHASE I AND THEIR SULFUR
DIOXIDE ALLOWANCES (TONS)
--------------------------------------------------------------------
State Plant Name Gener Phase I
ator Allowa
nces
--------------------------------------------------------------------
Alabama Colbert 1 13,570
2
3
4
5
15,310
15,400
15,410
37,180
E.C. Gaston 1 18,100
2
3
4
5
18,540
18,310
19,280
59,840
Florida Big Bend 1 28,410
2
3
27,100
26,740
Crist 6 19,200
7
31,680
Georgia Bowen 1 56,320
2
3
4
54,770
71,750
71,740
Hammond 1 8,780
2
3
4
9,220
8,910
37,640
J. McDonough 1 19,910
2
20,600
Wansley 1 70,770
2
65,430
Yates 1 7,210
2
3
4
5
6
7
7,040
6,950
8,910
9,410
24,760
21,480
Illinois Baldwin 1 42,010
2
3
44,420
42,550
Coffeen 1 11,790
2
35,670
Grand Tower 4 5,910
Hennepin 2 18,410
Joppa Steam 1 12,590
2
3
4
5
6
10,770
12,270
11,360
11,420
10,620
Kincaid 1 31,530
2
33,810
Meredosia 3 13,890
Vermilion 2 8,880
Indiana Bailly 7 11,180
8
15,630
Breed 1 18,500
Cayuga 1 33,370
2
34,130
Clifty Creek 1 20,150
2
3
4
5
6
19,810
20,410
20,080
19,360
20,380
E. W. Stout 5 3,880
6
7
4,770
23,610
F. B. Culley 2 4,290
3
16,970
F. E. Ratts 1 8,330
2
8,480
Gibson 1 40,400
2
3
4
41,010
41,080
40,320
H. T. Pritchard 6 5,770
Michigan City 12 23,310
Petersburg 1 16,430
2
32,380
R. Gallagher 1 6,490
2
3
4
7,280
6,530
7,650
Tanners Creek 4 24,820
Wabash River 1 4,000
2
3
5
6
2,860
3,750
3,670
12,280
Warrick 4 26,980
Iowa Burlington 1 10,710
Des Moines 7 2,320
George Neal 1 1,290
M.L. Kapp 2 13,800
Prairie Creek 4 8,180
Riverside 5 3,990
Kansas Quindaro 2 4,220
Kentucky Coleman 1 11,250
2
3
12,840
12,340
Cooper 1 7,450
2
15,320
E.W. Brown 1 7,110
2
3
10,910
26,100
Elmer Smith 1 6,520
2
14,410
Ghent 1 28,410
Green River 4 7,820
H.L. Spurlock 1 22,780
Henderson II 1 13,340
2
12,310
Paradise 3 59,170
Shawnee 10 10,170
Maryland Chalk Point 1 21,910
2
24,330
C. P. Crane 1 10,330
2
9,230
Morgantown 1 35,260
2
38,480
Michigan J. H. Campbell 1 19,280
2
23,060
Minnesota High Bridge 6 4,270
Mississippi Jack Watson 4 17,910
5
36,700
Missouri Asbury 1 16,190
James River 5 4,850
Labadie 1 40,110
2
3
4
37,710
40,310
35,940
Montrose 1 7,390
2
3
8,200
10,090
New Madrid 1 28,240
2
32,480
Sibley 3 15,580
Sioux 1 22,570
2
23,690
Thomas Hill 1 10,250
2
19,390
New Hampshire Merrimack 1 10,190
2
22,000
New Jersey B.L. England 1 9,060
2
11,720
New York Dunkirk 3 12,600
4
14,060
Greenidge 4 7,540
Milliken 1 11,170
2
12,410
Northport 1 19,810
2
3
24,110
26,480
Port Jefferson 3 10,470
4
12,330
Ohio Ashtabula 5 16,740
Avon Lake 8 11,650
9
30,480
Cardinal 1 34,270
2
38,320
Conesville 1 4,210
2
3
4
4,890
5,500
48,770
Eastlake 1 7,800
2
3
4
5
8,640
10,020
14,510
34,070
Edgewater 4 5,050
Gen. J.M. Gavin 1 79,080
2
80,560
Kyger Creek 1 19,280
2
3
4
5
18,560
17,910
18,710
18,740
Miami Fort 5 760
6
7
11,380
38,510
Muskingum River 1 14,880
2
3
4
5
14,170
13,950
11,780
40,470
Niles 1 6,940
2
9,100
Picway 5 4,930
R.E. Burger 3 6,150
4
5
10,780
12,430
W.H. Sammis 5 24,170
6
7
39,930
43,220
W.C. Beckjord 5 8,950
6
23,020
Pennsylvania Armstrong 1 14,410
2
15,430
Brunner Island 1 27,760
2
3
31,100
53,820
Cheswick 1 39,170
Conemaugh 1 59,790
2
66,450
Hatfield's Ferry 1 37,830
2
3
37,320
40,270
Martins Creek 1 12,660
2
12,820
Portland 1 5,940
2
10,230
Shawville 1 10,320
2
3
4
10,320
14,220
14,070
Sunbury 3 8,760
4
11,450
Tennessee Allen 1 15,320
2
3
16,770
15,670
Cumberland 1 86,700
2
94,840
Gallatin 1 17,870
2
3
4
17,310
20,020
21,260
Johnsonville 1 7,790
2
3
4
5
6
7
8
9
10
8,040
8,410
7,990
8,240
7,890
8,980
8,700
7,080
7,550
West Virginia Albright 3 12,000
Fort Martin 1 41,590
2
41,200
Harrison 1 48,620
2
3
46,150
41,500
Kammer 1 18,740
2
3
19,460
17,390
Mitchell 1 43,980
2
45,510
Mount Storm 1 43,720
2
3
35,580
42,430
Wisconsin Edgewater 4 24,750
La Crosse/Genoa 3 22,700
Nelson Dewey 1 6,010
2
6,680
N. Oak Creek 1 5,220
2
3
4
5,140
5,370
6,320
Pulliam 8 7,510
S. Oak Creek 5 9,670
6
7
8
12,040
16,180
15,790
--------------------------------------------------------------------
(f) Energy conservation and renewable energy
(1) Definitions
As used in this subsection:
(A) Qualified energy conservation measure
The term "qualified energy conservation measure" means a cost
effective measure, as identified by the Administrator in
consultation with the Secretary of Energy, that increases the
efficiency of the use of electricity provided by an electric
utility to its customers.
(B) Qualified renewable energy
The term "qualified renewable energy" means energy derived
from biomass, solar, geothermal, or wind as identified by the
Administrator in consultation with the Secretary of Energy.
(C) Electric utility
The term "electric utility" means any person, State agency,
or Federal agency, which sells electric energy.
(2) Allowances for emissions avoided through energy conservation
and renewable energy
(A) In general
The regulations under paragraph (4) of this subsection shall
provide that for each ton of sulfur dioxide emissions avoided
by an electric utility, during the applicable period, through
the use of qualified energy conservation measures or qualified
renewable energy, the Administrator shall allocate a single
allowance to such electric utility, on a first-come-first-
served basis from the Conservation and Renewable Energy
Reserve established under subsection (g) of this section, up to
a total of 300,000 allowances for allocation from such Reserve.
(B) Requirements for issuance
The Administrator shall allocate allowances to an electric
utility under this subsection only if all of the following
requirements are met:
(i) Such electric utility is paying for the qualified
energy conservation measures or qualified renewable energy
directly or through purchase from another person.
(ii) The emissions of sulfur dioxide avoided through the
use of qualified energy conservation measures or qualified
renewable energy are quantified in accordance with
regulations promulgated by the Administrator under this
subsection.
(iii)(I) Such electric utility has adopted and is
implementing a least cost energy conservation and electric
power plan which evaluates a range of resources, including
new power supplies, energy conservation, and renewable energy
resources, in order to meet expected future demand at the
lowest system cost.
(II) The qualified energy conservation measures or
qualified renewable energy, or both, are consistent with that
plan.
(III) Electric utilities subject to the jurisdiction of a
State regulatory authority must have such plan approved by
such authority. For electric utilities not subject to the
jurisdiction of a State regulatory authority such plan shall
be approved by the entity with rate-making authority for such
utility.
(iv) In the case of qualified energy conservation measures
undertaken by a State regulated electric utility, the
Secretary of Energy certifies that the State regulatory
authority with jurisdiction over the electric rates of such
electric utility has established rates and charges which
ensure that the net income of such electric utility after
implementation of specific cost effective energy conservation
measures is at least as high as such net income would have
been if the energy conservation measures had not been
implemented. Upon the date of any such certification by the
Secretary of Energy, all allowances which, but for this
paragraph, would have been allocated under subparagraph (A)
before such date, shall be allocated to the electric utility.
This clause is not a requirement for qualified renewable
energy.
(v) Such utility or any subsidiary of the utility's holding
company owns or operates at least one affected unit.
(C) Period of applicability
Allowances under this subsection shall be allocated only with
respect to kilowatt hours of electric energy saved by qualified
energy conservation measures or generated by qualified
renewable energy after January 1, 1992 and before the earlier
of (i) December 31, 2000, or (ii) the date on which any
electric utility steam generating unit owned or operated by the
electric utility to which the allowances are allocated becomes
subject to this subchapter (including those sources that elect
to become affected by this subchapter, pursuant to section
7651i of this title).
(D) Determination of avoided emissions
(i) Application
In order to receive allowances under this subsection, an
electric utility shall make an application which -
(I) designates the qualified energy conservation measures
implemented and the qualified renewable energy sources used
for purposes of avoiding emissions,(!8)
(II) calculates, in accordance with subparagraphs (F) and
(G), the number of tons of emissions avoided by reason of
the implementation of such measures or the use of such
renewable energy sources; and
(III) demonstrates that the requirements of subparagraph
(B) have been met.
Such application for allowances by a State-regulated electric
utility shall require approval by the State regulatory
authority with jurisdiction over such electric utility. The
authority shall review the application for accuracy and
compliance with this subsection and the rules under this
subsection. Electric utilities whose retail rates are not
subject to the jurisdiction of a State regulatory authority
shall apply directly to the Administrator for such approval.
(E) Avoided emissions from qualified energy conservation
measures
For the purposes of this subsection, the emission tonnage
deemed avoided by reason of the implementation of qualified
energy conservation measures for any calendar year shall be a
tonnage equal to the product of multiplying -
(i) the kilowatt hours that would otherwise have been
supplied by the utility during such year in the absence of
such qualified energy conservation measures, by
(ii) 0.004,
and dividing by 2,000.
(F) Avoided emissions from the use of qualified renewable
energy
The emissions tonnage deemed avoided by reason of the use of
qualified renewable energy by an electric utility for any
calendar year shall be a tonnage equal to the product of
multiplying -
(i) the actual kilowatt hours generated by, or purchased
from, qualified renewable energy, by
(ii) 0.004,
and dividing by 2,000.
(G) Prohibitions
(i) No allowances shall be allocated under this subsection
for the implementation of programs that are exclusively
informational or educational in nature.
(ii) No allowances shall be allocated for energy conservation
measures or renewable energy that were operational before
January 1, 1992.
(3) Savings provision
Nothing in this subsection precludes a State or State
regulatory authority from providing additional incentives to
utilities to encourage investment in demand-side resources.
(4) Regulations
Not later than 18 months after November 15, 1990, and in
conjunction with the regulations required to be promulgated under
subsections (b) and (c) of this section, the Administrator shall,
in consultation with the Secretary of Energy, promulgate
regulations under this subsection. Such regulations shall list
energy conservation measures and renewable energy sources which
may be treated as qualified energy conservation measures and
qualified renewable energy for purposes of this subsection.
Allowances shall only be allocated if all requirements of this
subsection and the rules promulgated to implement this subsection
are complied with. The Administrator shall review the
determinations of each State regulatory authority under this
subsection to encourage consistency from electric utility to
electric utility and from State to State in accordance with the
Administrator's rules. The Administrator shall publish the
findings of this review no less than annually.
(g) Conservation and Renewable Energy Reserve
The Administrator shall establish a Conservation and Renewable
Energy Reserve under this subsection. Beginning on January 1, 1995,
the Administrator may allocate from the Conservation and Renewable
Energy Reserve an amount equal to a total of 300,000 allowances for
emissions of sulfur dioxide pursuant to section 7651b of this
title. In order to provide 300,000 allowances for such reserve, in
each year beginning in calendar year 2000 and until calendar year
2009, inclusive, the Administrator shall reduce each unit's basic
Phase II allowance allocation on the basis of its pro rata share of
30,000 allowances. If allowances remain in the reserve after
January 2, 2010, the Administrator shall allocate such allowances
for affected units under section 7651d of this title on a pro rata
basis. For purposes of this subsection, for any unit subject to the
emissions limitation requirements of section 7651d of this title,
the term "pro rata basis" refers to the ratio which the reductions
made in such unit's allowances in order to establish the reserve
under this subsection bears to the total of such reductions for all
such units.
(h) Alternative allowance allocation for units in certain utility
systems with optional baseline
(1) Optional baseline for units in certain systems
In the case of a unit subject to the emissions limitation
requirements of this section which (as of November 15, 1990) -
(A) has an emission rate below 1.0 lbs/mmBtu,
(B) has decreased its sulfur dioxide emissions rate by 60
percent or greater since 1980, and
(C) is part of a utility system which has a weighted average
sulfur dioxide emissions rate for all fossil fueled-fired units
below 1.0 lbs/mmBtu,
at the election of the owner or operator of such unit, the unit's
baseline may be calculated (i) as provided under section 7651a(d)
(!9) of this title, or (ii) by utilizing the unit's average
annual fuel consumption at a 60 percent capacity factor. Such
election shall be made no later than March 1, 1991.
(2) Allowance allocation
Whenever a unit referred to in paragraph (1) elects to
calculate its baseline as provided in clause (ii) of paragraph
(1), the Administrator shall allocate allowances for the unit
pursuant to section 7651b(a)(1) of this title, this section, and
section 7651d of this title (as basic Phase II allowance
allocations) in an amount equal to the baseline selected
multiplied by the lower of the average annual emission rate for
such unit in 1989, or 1.0 lbs./mmBtu. Such allowance allocation
shall be in lieu of any allocation of allowances under this
section and section 7651d of this title.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 404, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2592.)
-FOOTNOTE-
(!1) So in original. Probably should be section "7651a(4)".
(!2) So in original. Probably should be "unit's".
(!3) So in original. Probably should be "this".
(!4) So in original. Probably should be "paragraph (1)".
(!5) So in original. Probably should be "subsection".
(!6) So in original. Probably should be "majeure".
(!7) So in original. Probably should be "impracticability".
(!8) So in original. The comma probably should be a semicolon.
(!9) So in original. Probably should be section "7651a(4)".
-End-
-CITE-
42 USC Sec. 7651d 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651d. Phase II sulfur dioxide requirements
-STATUTE-
(a) Applicability
(1) After January 1, 2000, each existing utility unit as provided
below is subject to the limitations or requirements of this
section. Each utility unit subject to an annual sulfur dioxide
tonnage emission limitation under this section is an affected unit
under this subchapter. Each source that includes one or more
affected units is an affected source. In the case of an existing
unit that was not in operation during calendar year 1985, the
emission rate for a calendar year after 1985, as determined by the
Administrator, shall be used in lieu of the 1985 rate. The owner or
operator of any unit operated in violation of this section shall be
fully liable under this chapter for fulfilling the obligations
specified in section 7651j of this title.
(2) In addition to basic Phase II allowance allocations, in each
year beginning in calendar year 2000 and ending in calendar year
2009, inclusive, the Administrator shall allocate up to 530,000
Phase II bonus allowances pursuant to subsections (b)(2), (c)(4),
(d)(3)(A) and (B), and (h)(2) of this section and section 7651e of
this title. Not later than June 1, 1998, the Administrator shall
calculate, for each unit granted an extension pursuant to section
7651h of this title the difference between (A) the number of
allowances allocated for the unit in calendar year 2000, and (B)
the product of the unit's baseline multiplied by 1.20 lbs/mmBtu,
divided by 2000, and sum the computations. In each year, beginning
in calendar year 2000 and ending in calendar year 2009, inclusive,
the Administrator shall deduct from each unit's basic Phase II
allowance allocation its pro rata share of 10 percent of the sum
calculated pursuant to the preceding sentence.
(3) In addition to basic Phase II allowance allocations and Phase
II bonus allowance allocations, beginning January 1, 2000, the
Administrator shall allocate for each unit listed on Table A in
section 7651c of this title (other than units at Kyger Creek,
Clifty Creek, and Joppa Steam) and located in the States of
Illinois, Indiana, Ohio, Georgia, Alabama, Missouri, Pennsylvania,
West Virginia, Kentucky, or Tennessee allowances in an amount equal
to 50,000 multiplied by the unit's pro rata share of the total
number of basic allowances allocated for all units listed on Table
A (other than units at Kyger Creek, Clifty Creek, and Joppa Steam).
Allowances allocated pursuant to this paragraph shall not be
subject to the 8,900,000 ton limitation in section 7651b(a) of this
title.
(b) Units equal to, or above, 75 MWe and 1.20 lbs/mmBtu
(1) Except as otherwise provided in paragraph (3), after January
1, 2000, it shall be unlawful for any existing utility unit that
serves a generator with nameplate capacity equal to, or greater,
than 75 MWe and an actual 1985 emission rate equal to or greater
than 1.20 lbs/mmBtu to exceed an annual sulfur dioxide tonnage
emission limitation equal to the product of the unit's baseline
multiplied by an emission rate equal to 1.20 lbs/mmBtu, divided by
2,000, unless the owner or operator of such unit holds allowances
to emit not less than the unit's total annual emissions.
(2) In addition to allowances allocated pursuant to paragraph (1)
and section 7651b(a)(1) of this title as basic Phase II allowance
allocations, beginning January 1, 2000, and for each calendar year
thereafter until and including 2009, the Administrator shall
allocate annually for each unit subject to the emissions limitation
requirements of paragraph (1) with an actual 1985 emissions rate
greater than 1.20 lbs/mmBtu and less than 2.50 lbs/mmBtu and a
baseline capacity factor of less than 60 percent, allowances from
the reserve created pursuant to subsection (a)(2) of this section
in an amount equal to 1.20 lbs/mmBtu multiplied by 50 percent of
the difference, on a Btu basis, between the unit's baseline and the
unit's fuel consumption at a 60 percent capacity factor.
(3) After January 1, 2000, it shall be unlawful for any existing
utility unit with an actual 1985 emissions rate equal to or greater
than 1.20 lbs/mmBtu whose annual average fuel consumption during
1985, 1986, and 1987 on a Btu basis exceeded 90 percent in the form
of lignite coal which is located in a State in which, as of July 1,
1989, no county or portion of a county was designated nonattainment
under section 7407 of this title for any pollutant subject to the
requirements of section 7409 of this title to exceed an annual
sulfur dioxide tonnage limitation equal to the product of the
unit's baseline multiplied by the lesser of the unit's actual 1985
emissions rate or its allowable 1985 emissions rate, divided by
2,000, unless the owner or operator of such unit holds allowances
to emit not less than the unit's total annual emissions.
(4) After January 1, 2000, the Administrator shall allocate
annually for each unit, subject to the emissions limitation
requirements of paragraph (1), which is located in a State with an
installed electrical generating capacity of more than 30,000,000 kw
in 1988 and for which was issued a prohibition order or a proposed
prohibition order (from burning oil), which unit subsequently
converted to coal between January 1, 1980 and December 31, 1985,
allowances equal to the difference between (A) the product of the
unit's annual fuel consumption, on a Btu basis, at a 65 percent
capacity factor multiplied by the lesser of its actual or allowable
emissions rate during the first full calendar year after
conversion, divided by 2,000, and (B) the number of allowances
allocated for the unit pursuant to paragraph (1): Provided, That
the number of allowances allocated pursuant to this paragraph shall
not exceed an annual total of five thousand. If necessary to
meeting the restriction imposed in the preceding sentence the
Administrator shall reduce, pro rata, the annual allowances
allocated for each unit under this paragraph.
(c) Coal or oil-fired units below 75 MWe and above 1.20 lbs/mmBtu
(1) Except as otherwise provided in paragraph (3), after January
1, 2000, it shall be unlawful for a coal or oil-fired existing
utility unit that serves a generator with nameplate capacity of
less than 75 MWe and an actual 1985 emission rate equal to, or
greater than, 1.20 lbs/mmBtu and which is a unit owned by a utility
operating company whose aggregate nameplate fossil fuel steam-
electric capacity is, as of December 31, 1989, equal to, or
greater than, 250 MWe to exceed an annual sulfur dioxide emissions
limitation equal to the product of the unit's baseline multiplied
by an emission rate equal to 1.20 lbs/mmBtu, divided by 2,000,
unless the owner or operator of such unit holds allowances to emit
not less than the unit's total annual emissions.
(2) After January 1, 2000, it shall be unlawful for a coal or oil-
fired existing utility unit that serves a generator with nameplate
capacity of less than 75 MWe and an actual 1985 emission rate equal
to, or greater than, 1.20 lbs/mmBtu (excluding units subject to
section 7411 of this title or to a federally enforceable emissions
limitation for sulfur dioxide equivalent to an annual rate of less
than 1.20 lbs/mmBtu) and which is a unit owned by a utility
operating company whose aggregate nameplate fossil fuel steam-
electric capacity is, as of December 31, 1989, less than 250 MWe,
to exceed an annual sulfur dioxide tonnage emissions limitation
equal to the product of the unit's baseline multiplied by the
lesser of its actual 1985 emissions rate or its allowable 1985
emissions rate, divided by 2,000, unless the owner or operator of
such unit holds allowances to emit not less than the unit's total
annual emissions.
(3) After January 1, 2000, it shall be unlawful for any existing
utility unit with a nameplate capacity below 75 MWe and an actual
1985 emissions rate equal to, or greater than, 1.20 lbs/mmBtu which
became operational on or before December 31, 1965, which is owned
by a utility operating company with, as of December 31, 1989, a
total fossil fuel steam-electric generating capacity greater than
250 MWe, and less than 450 MWe which serves fewer than 78,000
electrical customers as of November 15, 1990, to exceed an annual
sulfur dioxide emissions tonnage limitation equal to the product of
its baseline multiplied by the lesser of its actual or allowable
1985 emission rate, divided by 2,000, unless the owner or operator
holds allowances to emit not less than the units (!1) total annual
emissions. After January 1, 2010, it shall be unlawful for each
unit subject to the emissions limitation requirements of this
paragraph to exceed an annual emissions tonnage limitation equal to
the product of its baseline multiplied by an emissions rate of 1.20
lbs/mmBtu, divided by 2,000, unless the owner or operator holds
allowances to emit not less than the unit's total annual emissions.
(4) In addition to allowances allocated pursuant to paragraph (1)
and section 7651b(a)(1) of this title as basic Phase II allowance
allocations, beginning January 1, 2000, and for each calendar year
thereafter until and including 2009, inclusive, the Administrator
shall allocate annually for each unit subject to the emissions
limitation requirements of paragraph (1) with an actual 1985
emissions rate equal to, or greater than, 1.20 lbs/mmBtu and less
than 2.50 lbs/mmBtu and a baseline capacity factor of less than 60
percent, allowances from the reserve created pursuant to subsection
(a)(2) of this section in an amount equal to 1.20 lbs/mmBtu
multiplied by 50 percent of the difference, on a Btu basis, between
the unit's baseline and the unit's fuel consumption at a 60 percent
capacity factor.
(5) After January 1, 2000, it shall be unlawful for any existing
utility unit with a nameplate capacity below 75 MWe and an actual
1985 emissions rate equal to, or greater than, 1.20 lbs/mmBtu which
is part of an electric utility system which, as of November 15,
1990, (A) has at least 20 percent of its fossil-fuel capacity
controlled by flue gas desulfurization devices, (B) has more than
10 percent of its fossil-fuel capacity consisting of coal-fired
units of less than 75 MWe, and (C) has large units (greater than
400 MWe) all of which have difficult or very difficult FGD Retrofit
Cost Factors (according to the Emissions and the FGD Retrofit
Feasibility at the 200 Top Emitting Generating Stations, prepared
for the United States Environmental Protection Agency on January
10, 1986) to exceed an annual sulfur dioxide emissions tonnage
limitation equal to the product of its baseline multiplied by an
emissions rate of 2.5 lbs/mmBtu, divided by 2,000, unless the owner
or operator holds allowances to emit not less than the unit's total
annual emissions. After January 1, 2010, it shall be unlawful for
each unit subject to the emissions limitation requirements of this
paragraph to exceed an annual emissions tonnage limitation equal to
the product of its baseline multiplied by an emissions rate of 1.20
lbs/mmBtu, divided by 2,000, unless the owner or operator holds for
use allowances to emit not less than the unit's total annual
emissions.
(d) Coal-fired units below 1.20 lbs/mmBtu
(1) After January 1, 2000, it shall be unlawful for any existing
coal-fired utility unit the lesser of whose actual or allowable
1985 sulfur dioxide emissions rate is less than 0.60 lbs/mmBtu to
exceed an annual sulfur dioxide tonnage emission limitation equal
to the product of the unit's baseline multiplied by (A) the lesser
of 0.60 lbs/mmBtu or the unit's allowable 1985 emissions rate, and
(B) a numerical factor of 120 percent, divided by 2,000, unless the
owner or operator of such unit holds allowances to emit not less
than the unit's total annual emissions.
(2) After January 1, 2000, it shall be unlawful for any existing
coal-fired utility unit the lesser of whose actual or allowable
1985 sulfur dioxide emissions rate is equal to, or greater than,
0.60 lbs/mmBtu and less than 1.20 lbs/mmBtu to exceed an annual
sulfur dioxide tonnage emissions limitation equal to the product of
the unit's baseline multiplied by (A) the lesser of its actual 1985
emissions rate or its allowable 1985 emissions rate, and (B) a
numerical factor of 120 percent, divided by 2,000, unless the owner
or operator of such unit holds allowances to emit not less than the
unit's total annual emissions.
(3)(A) In addition to allowances allocated pursuant to paragraph
(1) and section 7651b(a)(1) of this title as basic Phase II
allowance allocations, at the election of the designated
representative of the operating company, beginning January 1, 2000,
and for each calendar year thereafter until and including 2009, the
Administrator shall allocate annually for each unit subject to the
emissions limitation requirements of paragraph (1) allowances from
the reserve created pursuant to subsection (a)(2) of this section
in an amount equal to the amount by which (i) the product of the
lesser of 0.60 lbs/mmBtu or the unit's allowable 1985 emissions
rate multiplied by the unit's baseline adjusted to reflect
operation at a 60 percent capacity factor, divided by 2,000,
exceeds (ii) the number of allowances allocated for the unit
pursuant to paragraph (1) and section 7651b(a)(1) of this title as
basic Phase II allowance allocations.
(B) In addition to allowances allocated pursuant to paragraph (2)
and section 7651b(a)(1) of this title as basic Phase II allowance
allocations, at the election of the designated representative of
the operating company, beginning January 1, 2000, and for each
calendar year thereafter until and including 2009, the
Administrator shall allocate annually for each unit subject to the
emissions limitation requirements of paragraph (2) allowances from
the reserve created pursuant to subsection (a)(2) of this section
in an amount equal to the amount by which (i) the product of the
lesser of the unit's actual 1985 emissions rate or its allowable
1985 emissions rate multiplied by the unit's baseline adjusted to
reflect operation at a 60 percent capacity factor, divided by
2,000, exceeds (ii) the number of allowances allocated for the unit
pursuant to paragraph (2) and section 7651b(a)(1) of this title as
basic Phase II allowance allocations.
(C) An operating company with units subject to the emissions
limitation requirements of this subsection may elect the allocation
of allowances as provided under subparagraphs (A) and (B). Such
election shall apply to the annual allowance allocation for each
and every unit in the operating company subject to the emissions
limitation requirements of this subsection. The Administrator shall
allocate allowances pursuant to subparagraphs (A) and (B) only in
accordance with this subparagraph.
(4) Notwithstanding any other provision of this section, at the
election of the owner or operator, after January 1, 2000, the
Administrator shall allocate in lieu of allocation, pursuant to
paragraph (1), (2), (3), (5), or (6),(!2) allowances for a unit
subject to the emissions limitation requirements of this subsection
which commenced commercial operation on or after January 1, 1981
and before December 31, 1985, which was subject to, and in
compliance with, section 7411 of this title in an amount equal to
the unit's annual fuel consumption, on a Btu basis, at a 65 percent
capacity factor multiplied by the unit's allowable 1985 emissions
rate, divided by 2,000.
(5) For the purposes of this section, in the case of an oil- and
gas-fired unit which has been awarded a clean coal technology
demonstration grant as of January 1, 1991, by the United States
Department of Energy, beginning January 1, 2000, the Administrator
shall allocate for the unit allowances in an amount equal to the
unit's baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000.
(e) Oil and gas-fired units equal to or greater than 0.60 lbs/mmBtu
and less than 1.20 lbs/mmBtu
After January 1, 2000, it shall be unlawful for any existing oil
and gas-fired utility unit the lesser of whose actual or allowable
1985 sulfur dioxide emission rate is equal to, or greater than,
0.60 lbs/mmBtu, but less than 1.20 lbs/mmBtu to exceed an annual
sulfur dioxide tonnage limitation equal to the product of the
unit's baseline multiplied by (A) the lesser of the unit's
allowable 1985 emissions rate or its actual 1985 emissions rate and
(B) a numerical factor of 120 percent divided by 2,000, unless the
owner or operator of such unit holds allowances to emit not less
than the unit's total annual emissions.
(f) Oil and gas-fired units less than 0.60 lbs/mmBtu
(1) After January 1, 2000, it shall be unlawful for any oil and
gas-fired existing utility unit the lesser of whose actual or
allowable 1985 emission rate is less than 0.60 lbs/mmBtu and whose
average annual fuel consumption during the period 1980 through 1989
on a Btu basis was 90 percent or less in the form of natural gas to
exceed an annual sulfur dioxide tonnage emissions limitation equal
to the product of the unit's baseline multiplied by (A) the lesser
of 0.60 lbs/mmBtu or the unit's allowable 1985 emissions, and (B) a
numerical factor of 120 percent, divided by 2,000, unless the owner
or operator of such unit holds allowances to emit not less than the
unit's total annual emissions.
(2) In addition to allowances allocated pursuant to paragraph (1)
as basic Phase II allowance allocations and section 7651b(a)(1) of
this title, beginning January 1, 2000, the Administrator shall,(!3)
in the case of any unit operated by a utility that furnishes
electricity, electric energy, steam, and natural gas within an area
consisting of a city and 1 contiguous county, and in the case of
any unit owned by a State authority, the output of which unit is
furnished within that same area consisting of a city and 1
contiguous county, the Administrator shall allocate for each unit
in the utility its pro rata share of 7,000 allowances and for each
unit in the State authority its pro rata share of 2,000 allowances.
(g) Units that commence operation between 1986 and December 31,
1995
(1) After January 1, 2000, it shall be unlawful for any utility
unit that has commenced commercial operation on or after January 1,
1986, but not later than September 30, 1990 to exceed an annual
tonnage emission limitation equal to the product of the unit's
annual fuel consumption, on a Btu basis, at a 65 percent capacity
factor multiplied by the unit's allowable 1985 sulfur dioxide
emission rate (converted, if necessary, to pounds per mmBtu),
divided by 2,000 unless the owner or operator of such unit holds
allowances to emit not less than the unit's total annual emissions.
(2) After January 1, 2000, the Administrator shall allocate
allowances pursuant to section 7651b of this title to each unit
which is listed in table B of this paragraph in an annual amount
equal to the amount specified in table B.
TABLE B
--------------------------------------------------------------------
Unit 2Allowances
--------------------------------------------------------------------
Brandon Shores 8,907
Miller 4 9,197
TNP One 2 4,000
Zimmer 1 18,458
Spruce 1 7,647
Clover 1 2,796
Clover 2 2,796
Twin Oak 2 1,760
Twin Oak 1 9,158
Cross 1 6,401
Malakoff 1 1,759
--------------------------------------------------------------------
Notwithstanding any other paragraph of this subsection, for units
subject to this paragraph, the Administrator shall not allocate
allowances pursuant to any other paragraph of this subsection,
Provided (!4) that the owner or operator of a unit listed on Table
B may elect an allocation of allowances under another paragraph of
this subsection in lieu of an allocation under this paragraph.
(3) Beginning January 1, 2000, the Administrator shall allocate
to the owner or operator of any utility unit that commences
commercial operation, or has commenced commercial operation, on or
after October 1, 1990, but not later than December 31, 1992
allowances in an amount equal to the product of the unit's annual
fuel consumption, on a Btu basis, at a 65 percent capacity factor
multiplied by the lesser of 0.30 lbs/mmBtu or the unit's allowable
sulfur dioxide emission rate (converted, if necessary, to pounds
per mmBtu), divided by 2,000.
(4) Beginning January 1, 2000, the Administrator shall allocate
to the owner or operator of any utility unit that has commenced
construction before December 31, 1990 and that commences commercial
operation between January 1, 1993 and December 31, 1995, allowances
in an amount equal to the product of the unit's annual fuel
consumption, on a Btu basis, at a 65 percent capacity factor
multiplied by the lesser of 0.30 lbs/mmBtu or the unit's allowable
sulfur dioxide emission rate (converted, if necessary, to pounds
per mmBtu), divided by 2,000.
(5) After January 1, 2000, it shall be unlawful for any existing
utility unit that has completed conversion from predominantly gas
fired existing operation to coal fired operation between January 1,
1985 and December 31, 1987, for which there has been allocated a
proposed or final prohibition order pursuant to section 301(b) (!5)
of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C.
8301 et seq,(!6) repealed 1987) to exceed an annual sulfur dioxide
tonnage emissions limitation equal to the product of the unit's
annual fuel consumption, on a Btu basis, at a 65 percent capacity
factor multiplied by the lesser of 1.20 lbs/mmBtu or the unit's
allowable 1987 sulfur dioxide emissions rate, divided by 2,000,
unless the owner or operator of such unit has obtained allowances
equal to its actual emissions.
(6)(A) (!7) Unless the Administrator has approved a designation
of such facility under section 7651i of this title, the provisions
of this subchapter shall not apply to a "qualifying small power
production facility" or "qualifying cogeneration facility" (within
the meaning of section 796(17)(C) or 796(18)(B) of title 16) or to
a "new independent power production facility" as defined in section
7651o of this title except (!8) that clause (iii) (!9) of such
definition in section 7651o of this title shall not apply for
purposes of this paragraph if, as of November 15, 1990,
(i) an applicable power sales agreement has been executed;
(ii) the facility is the subject of a State regulatory
authority order requiring an electric utility to enter into a
power sales agreement with, purchase capacity from, or (for
purposes of establishing terms and conditions of the electric
utility's purchase of power) enter into arbitration concerning,
the facility;
(iii) an electric utility has issued a letter of intent or
similar instrument committing to purchase power from the facility
at a previously offered or lower price and a power sales
agreement is executed within a reasonable period of time; or
(iv) the facility has been selected as a winning bidder in a
utility competitive bid solicitation.
(h) Oil and gas-fired units less than 10 percent oil consumed
(1) After January 1, 2000, it shall be unlawful for any oil- and
gas-fired utility unit whose average annual fuel consumption during
the period 1980 through 1989 on a Btu basis exceeded 90 percent in
the form of natural gas to exceed an annual sulfur dioxide tonnage
limitation equal to the product of the unit's baseline multiplied
by the unit's actual 1985 emissions rate divided by 2,000 unless
the owner or operator of such unit holds allowances to emit not
less than the unit's total annual emissions.
(2) In addition to allowances allocated pursuant to paragraph (1)
and section 7651b(a)(1) of this title as basic Phase II allowance
allocations, beginning January 1, 2000, and for each calendar year
thereafter until and including 2009, the Administrator shall
allocate annually for each unit subject to the emissions limitation
requirements of paragraph (1) allowances from the reserve created
pursuant to subsection (a)(2) of this section in an amount equal to
the unit's baseline multiplied by 0.050 lbs/mmBtu, divided by
2,000.
(3) In addition to allowances allocated pursuant to paragraph (1)
and section 7651b(a)(1) of this title, beginning January 1, 2010,
the Administrator shall allocate annually for each unit subject to
the emissions limitation requirements of paragraph (1) allowances
in an amount equal to the unit's baseline multiplied by 0.050
lbs/mmBtu, divided by 2,000.
(i) Units in high growth States
(1) In addition to allowances allocated pursuant to this section
and section 7651b(a)(1) of this title as basic Phase II allowance
allocations, beginning January 1, 2000, the Administrator shall
allocate annually allowances for each unit, subject to an emissions
limitation requirement under this section, and located in a State
that -
(A) has experienced a growth in population in excess of 25
percent between 1980 and 1988 according to State Population and
Household Estimates, With Age, Sex, and Components of Change:
1981-1988 allocated by the United States Department of Commerce,
and
(B) had an installed electrical generating capacity of more
than 30,000,000 kw in 1988,
in an amount equal to the difference between (A) the number of
allowances that would be allocated for the unit pursuant to the
emissions limitation requirements of this section applicable to the
unit adjusted to reflect the unit's annual average fuel consumption
on a Btu basis of any three consecutive calendar years between 1980
and 1989 (inclusive) as elected by the owner or operator and (B)
the number of allowances allocated for the unit pursuant to the
emissions limitation requirements of this section: Provided, That
the number of allowances allocated pursuant to this subsection
shall not exceed an annual total of 40,000. If necessary to meeting
the 40,000 allowance restriction imposed under this subsection the
Administrator shall reduce, pro rata, the additional annual
allowances allocated to each unit under this subsection.
(2) Beginning January 1, 2000, in addition to allowances
allocated pursuant to this section and section 7651b(a)(1) of this
title as basic Phase II allowance allocations, the Administrator
shall allocate annually for each unit subject to the emissions
limitation requirements of subsection (b)(1) of this section, (A)
the lesser of whose actual or allowable 1980 emissions rate has
declined by 50 percent or more as of November 15, 1990, (B) whose
actual emissions rate is less than 1.2 lbs/mmBtu as of January 1,
2000, (C) which commenced operation after January 1, 1970, (D)
which is owned by a utility company whose combined commercial and
industrial kilowatt-hour sales have increased by more than 20
percent between calendar year 1980 and November 15, 1990, and (E)
whose company-wide fossil-fuel sulfur dioxide emissions rate has
declined 40 per centum or more from 1980 to 1988, allowances in an
amount equal to the difference between (i) the number of allowances
that would be allocated for the unit pursuant to the emissions
limitation requirements of subsection (b)(1) of this section
adjusted to reflect the unit's annual average fuel consumption on a
Btu basis for any three consecutive years between 1980 and 1989
(inclusive) as elected by the owner or operator and (ii) the number
of allowances allocated for the unit pursuant to the emissions
limitation requirements of subsection (b)(1) of this section:
Provided, That the number of allowances allocated pursuant to this
paragraph shall not exceed an annual total of 5,000. If necessary
to meeting the 5,000-allowance restriction imposed in the last
clause of the preceding sentence the Administrator shall reduce,
pro rata, the additional allowances allocated to each unit pursuant
to this paragraph.
(j) Certain municipally owned power plants
Beginning January 1, 2000, in addition to allowances allocated
pursuant to this section and section 7651b(a)(1) of this title as
basic Phase II allowance allocations, the Administrator shall
allocate annually for each existing municipally owned oil and gas-
fired utility unit with nameplate capacity equal to, or less than,
40 MWe, the lesser of whose actual or allowable 1985 sulfur dioxide
emission rate is less than 1.20 lbs/mmBtu, allowances in an amount
equal to the product of the unit's annual fuel consumption on a Btu
basis at a 60 percent capacity factor multiplied by the lesser of
its allowable 1985 emission rate or its actual 1985 emission rate,
divided by 2,000.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 405, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2605.)
-REFTEXT-
REFERENCES IN TEXT
Section 301(b) of the Powerplant and Industrial Fuel Use Act of
1978, referred to in subsec. (g)(5), is section 301(b) of Pub. L.
95-620, which is classified to section 8341(b) of this title. A
prior section 301(b) of Pub. L. 95-620, title III, Nov. 9, 1978, 92
Stat. 3305, which was formerly classified to section 8341(b) of
this title, was repealed by Pub. L. 97-35, title X, Sec. 1021(a),
Aug. 13, 1981, 95 Stat. 614.
-FOOTNOTE-
(!1) So in original. Probably should be "unit's".
(!2) So in original. This subsection does not contain a
paragraph (6).
(!3) So in original. The words "the Administrator shall,"
probably should not appear.
(!4) So in original. Probably should not be capitalized.
(!5) See References in Text note below.
(!6) So in original. Probably should be "seq.,".
(!7) So in original. No subpar. (B) has been enacted.
(!8) So in original. Probably should be preceded by a comma.
(!9) So in original. Probably means clause "(C)".
-End-
-CITE-
42 USC Sec. 7651e 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651e. Allowances for States with emissions rates at or below
0.80 lbs/mmBtu
-STATUTE-
(a) Election of Governor
In addition to basic Phase II allowance allocations, upon the
election of the Governor of any State, with a 1985 state-wide
annual sulfur dioxide emissions rate equal to or less than, 0.80
lbs/mmBtu, averaged over all fossil fuel-fired utility steam
generating units, beginning January 1, 2000, and for each calendar
year thereafter until and including 2009, the Administrator shall
allocate, in lieu of other Phase II bonus allowance allocations,
allowances from the reserve created pursuant to section 7651d(a)(2)
of this title to all such units in the State in an amount equal to
125,000 multiplied by the unit's pro rata share of electricity
generated in calendar year 1985 at fossil fuel-fired utility steam
units in all States eligible for the election.
(b) Notification of Administrator
Pursuant to section 7651b(a)(1) of this title, each Governor of a
State eligible to make an election under paragraph (!1) (a) shall
notify the Administrator of such election. In the event that the
Governor of any such State fails to notify the Administrator of the
Governor's elections, the Administrator shall allocate allowances
pursuant to section 7651d of this title.
(c) Allowances after January 1, 2010
After January 1, 2010, the Administrator shall allocate
allowances to units subject to the provisions of this section
pursuant to section 7651d of this title.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 406, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2613.)
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
-End-
-CITE-
42 USC Sec. 7651f 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651f. Nitrogen oxides emission reduction program
-STATUTE-
(a) Applicability
On the date that a coal-fired utility unit becomes an affected
unit pursuant to sections 7651c, 7651d,(!1) 7651h of this title, or
on the date a unit subject to the provisions of section 7651c(d) or
7651h(b) of this title, must meet the SO2 reduction
requirements, each such unit shall become an affected unit for
purposes of this section and shall be subject to the emission
limitations for nitrogen oxides set forth herein.
(b) Emission limitations
(1) Not later than eighteen months after November 15, 1990, the
Administrator shall by regulation establish annual allowable
emission limitations for nitrogen oxides for the types of utility
boilers listed below, which limitations shall not exceed the rates
listed below: Provided, That the Administrator may set a rate
higher than that listed for any type of utility boiler if the
Administrator finds that the maximum listed rate for that boiler
type cannot be achieved using low NOx burner technology. The
maximum allowable emission rates are as follows:
(A) for tangentially fired boilers, 0.45 lb/mmBtu;
(B) for dry bottom wall-fired boilers (other than units
applying cell burner technology), 0.50 lb/mmBtu.
After January 1, 1995, it shall be unlawful for any unit that is an
affected unit on that date and is of the type listed in this
paragraph to emit nitrogen oxides in excess of the emission rates
set by the Administrator pursuant to this paragraph.
(2) Not later than January 1, 1997, the Administrator shall, by
regulation, establish allowable emission limitations on a lb/mmBtu,
annual average basis, for nitrogen oxides for the following types
of utility boilers:
(A) wet bottom wall-fired boilers;
(B) cyclones;
(C) units applying cell burner technology;
(D) all other types of utility boilers.
The Administrator shall base such rates on the degree of reduction
achievable through the retrofit application of the best system of
continuous emission reduction, taking into account available
technology, costs and energy and environmental impacts; and which
is comparable to the costs of nitrogen oxides controls set pursuant
to subsection (b)(1) of this section. Not later than January 1,
1997, the Administrator may revise the applicable emission
limitations for tangentially fired and dry bottom, wall-fired
boilers (other than cell burners) to be more stringent if the
Administrator determines that more effective low NOx burner
technology is available: Provided, That, no unit that is an
affected unit pursuant to section 7651c of this title and that is
subject to the requirements of subsection (b)(1) of this section,
shall be subject to the revised emission limitations, if any.
(c) Revised performance standards
(1) (!2) Not later than January 1, 1993, the Administrator shall
propose revised standards of performance to section 7411 of this
title for nitrogen oxides emissions from fossil-fuel fired steam
generating units, including both electric utility and nonutility
units. Not later than January 1, 1994, the Administrator shall
promulgate such revised standards of performance. Such revised
standards of performance shall reflect improvements in methods for
the reduction of emissions of oxides of nitrogen.
(d) Alternative emission limitations
The permitting authority shall, upon request of an owner or
operator of a unit subject to this section, authorize an emission
limitation less stringent than the applicable limitation
established under subsection (b)(1) or (b)(2) of this section upon
a determination that -
(1) a unit subject to subsection (b)(1) of this section cannot
meet the applicable limitation using low NOx burner
technology; or
(2) a unit subject to subsection (b)(2) of this section cannot
meet the applicable rate using the technology on which the
Administrator based the applicable emission limitation.
The permitting authority shall base such determination upon a
showing satisfactory to the permitting authority, in accordance
with regulations established by the Administrator not later than
eighteen months after November 15, 1990, that the owner or operator
-
(1) has properly installed appropriate control equipment
designed to meet the applicable emission rate;
(2) has properly operated such equipment for a period of
fifteen months (or such other period of time as the Administrator
determines through the regulations), and provides operating and
monitoring data for such period demonstrating that the unit
cannot meet the applicable emission rate; and
(3) has specified an emission rate that such unit can meet on
an annual average basis.
The permitting authority shall issue an operating permit for the
unit in question, in accordance with section 7651g of this title
and part B (!3) of title III -
(i) that permits the unit during the demonstration period
referred to in subparagraph (2) above, to emit at a rate in
excess of the applicable emission rate;
(ii) at the conclusion of the demonstration period to revise
the operating permit to reflect the alternative emission rate
demonstrated in paragraphs (2) and (3) above.
Units subject to subsection (b)(1) of this section for which an
alternative emission limitation is established shall not be
required to install any additional control technology beyond low
NOx burners. Nothing in this section shall preclude an owner or
operator from installing and operating an alternative NOx
control technology capable of achieving the applicable emission
limitation. If the owner or operator of a unit subject to the
emissions limitation requirements of subsection (b)(1) of this
section demonstrates to the satisfaction of the Administrator that
the technology necessary to meet such requirements is not in
adequate supply to enable its installation and operation at the
unit, consistent with system reliability, by January 1, 1995, then
the Administrator shall extend the deadline for compliance for the
unit by a period of 15 months. Any owner or operator may petition
the Administrator to make a determination under the previous
sentence. The Administrator shall grant or deny such petition
within 3 months of submittal.
(e) Emissions averaging
In lieu of complying with the applicable emission limitations
under subsection (b)(1), (2), or (d) of this section, the owner or
operator of two or more units subject to one or more of the
applicable emission limitations set pursuant to these sections,(!4)
may petition the permitting authority for alternative
contemporaneous annual emission limitations for such units that
ensure that (1) the actual annual emission rate in pounds of
nitrogen oxides per million Btu averaged over the units in question
is a rate that is less than or equal to (2) the Btu-weighted
average annual emission rate for the same units if they had been
operated, during the same period of time, in compliance with
limitations set in accordance with the applicable emission rates
set pursuant to subsections (b)(1) and (2) of this section.
If the permitting authority determines, in accordance with
regulations issued by the Administrator not later than eighteen
months after November 15, 1990; (!5) that the conditions in the
paragraph above can be met, the permitting authority shall issue
operating permits for such units, in accordance with section 7651g
of this title and part B (!3) of title III, that allow alternative
contemporaneous annual emission limitations. Such emission
limitations shall only remain in effect while both units continue
operation under the conditions specified in their respective
operating permits.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 407, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2613.)
-REFTEXT-
REFERENCES IN TEXT
Part B of title III, referred to in subsecs. (d) and (e), means
title III of the Clean Air Act, act July 14, 1955, ch. 360, as
added, which is classified to subchapter III of this chapter, but
title III does not contain parts. For provisions of the Clean Air
Act relating to permits, see subchapter V (Sec. 7661 et seq.) of
this chapter.
-FOOTNOTE-
(!1) So in original. Probably should be followed by "or".
(!2) So in original. No par. (2) has been enacted.
(!3) See References in Text note below.
(!4) So in original. Probably should be "subsections,".
(!5) So in original. The semicolon probably should be a comma.
-End-
-CITE-
42 USC Sec. 7651g 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651g. Permits and compliance plans
-STATUTE-
(a) Permit program
The provisions of this subchapter shall be implemented, subject
to section 7651b of this title, by permits issued to units subject
to this subchapter (and enforced) in accordance with the provisions
of subchapter V of this chapter, as modified by this subchapter.
Any such permit issued by the Administrator, or by a State with an
approved permit program, shall prohibit -
(1) annual emissions of sulfur dioxide in excess of the number
of allowances to emit sulfur dioxide the owner or operator, or
the designated representative of the owners or operators, of the
unit hold for the unit,
(2) exceedances of applicable emissions rates,
(3) the use of any allowance prior to the year for which it was
allocated, and
(4) contravention of any other provision of the permit.
Permits issued to implement this subchapter shall be issued for a
period of 5 years, notwithstanding subchapter V of this chapter. No
permit shall be issued that is inconsistent with the requirements
of this subchapter, and subchapter V of this chapter as applicable.
(b) Compliance plan
Each initial permit application shall be accompanied by a
compliance plan for the source to comply with its requirements
under this subchapter. Where an affected source consists of more
than one affected unit, such plan shall cover all such units, and
for purposes of section 7661a(c) of this title, such source shall
be considered a "facility". Nothing in this section regarding
compliance plans or in subchapter V of this chapter shall be
construed as affecting allowances. Except as provided under
subsection (c)(1)(B) of this section, submission of a statement by
the owner or operator, or the designated representative of the
owners and operators, of a unit subject to the emissions limitation
requirements of sections 7651c, 7651d, and 7651f of this title,
that the unit will meet the applicable emissions limitation
requirements of such sections in a timely manner or that, in the
case of the emissions limitation requirements of sections 7651c and
7651d of this title, the owners and operators will hold allowances
to emit not less than the total annual emissions of the unit, shall
be deemed to meet the proposed and approved compliance planning
requirements of this section and subchapter V of this chapter,
except that, for any unit that will meet the requirements of this
subchapter by means of an alternative method of compliance
authorized under section 7651c(b), (c), (d), or (f) of this title
(!1) section 7651f(d) or (e) of this title, section 7651h of this
title and section 7651i of this title, the proposed and approved
compliance plan, permit application and permit shall include,
pursuant to regulations promulgated by the Administrator, for each
alternative method of compliance a comprehensive description of the
schedule and means by which the unit will rely on one or more
alternative methods of compliance in the manner and time authorized
under this subchapter. Recordation by the Administrator of
transfers of allowances shall amend automatically all applicable
proposed or approved permit applications, compliance plans and
permits. The Administrator may also require -
(1) for a source, a demonstration of attainment of national
ambient air quality standards, and
(2) from the owner or operator of two or more affected sources,
an integrated compliance plan providing an overall plan for
achieving compliance at the affected sources.
(c) First phase permits
The Administrator shall issue permits to affected sources under
sections 7651c and 7651f of this title.
(1) Permit application and compliance plan
(A) Not later than 27 months after November 15, 1990, the
designated representative of the owners or operators, or the
owner and operator, of each affected source under sections 7651c
and 7651f of this title shall submit a permit application and
compliance plan for that source in accordance with regulations
issued by the Administrator under paragraph (3). The permit
application and the compliance plan shall be binding on the owner
or operator or the designated representative of owners and
operators for purposes of this subchapter and section 7651a(a)
(!2) of this title, and shall be enforceable in lieu of a permit
until a permit is issued by the Administrator for the source.
(B) In the case of a compliance plan for an affected source
under sections 7651c and 7651f of this title for which the owner
or operator proposes to meet the requirements of that section by
reducing utilization of the unit as compared with its baseline or
by shutting down the unit, the owner or operator shall include in
the proposed compliance plan a specification of the unit or units
that will provide electrical generation to compensate for the
reduced output at the affected source, or a demonstration that
such reduced utilization will be accomplished through energy
conservation or improved unit efficiency. The unit to be used for
such compensating generation, which is not otherwise an affected
unit under sections 7651c and 7651f of this title, shall be
deemed an affected unit under section 7651c of this title,
subject to all of the requirements for such units under this
subchapter, except that allowances shall be allocated to such
compensating unit in the amount of an annual limitation equal to
the product of the unit's baseline multiplied by the lesser of
the unit's actual 1985 emissions rate or its allowable 1985
emissions rate, divided by 2,000.
(2) EPA action on compliance plans
The Administrator shall review each proposed compliance plan to
determine whether it satisfies the requirements of this
subchapter, and shall approve or disapprove such plan within 6
months after receipt of a complete submission. If a plan is
disapproved, it may be resubmitted for approval with such changes
as the Administrator shall require consistent with the
requirements of this subchapter and within such period as the
Administrator prescribes as part of such disapproval.
(3) Regulations; issuance of permits
Not later than 18 months after November 15, 1990, the
Administrator shall promulgate regulations, in accordance with
subchapter V of this chapter, to implement a Federal permit
program to issue permits for affected sources under this
subchapter. Following promulgation, the Administrator shall issue
a permit to implement the requirements of section 7651c of this
title and the allowances provided under section 7651b of this
title to the owner or operator of each affected source under
section 7651c of this title. Such a permit shall supersede any
permit application and compliance plan submitted under paragraph
(1).
(4) Fees
During the years 1995 through 1999 inclusive, no fee shall be
required to be paid under section 7661a(b)(3) of this title or
under section 7410(a)(2)(L) of this title with respect to
emissions from any unit which is an affected unit under section
7651c of this title.
(d) Second phase permits
(1) To provide for permits for (A) new electric utility steam
generating units required under section 7651b(e) of this title to
have allowances, (B) affected units or sources under section 7651d
of this title, and (C) existing units subject to nitrogen oxide
emission reductions under section 7651f of this title, each State
in which one or more such units or sources are located shall submit
in accordance with subchapter V of this chapter, a permit program
for approval as provided by that subchapter. Upon approval of such
program, for the units or sources subject to such approved program
the Administrator shall suspend the issuance of permits as provided
in subchapter V of this chapter.
(2) The owner or operator or the designated representative of
each affected source under section 7651d of this title shall submit
a permit application and compliance plan for that source to the
permitting authority, not later than January 1, 1996.
(3) Not later than December 31, 1997, each State with an approved
permit program shall issue permits to the owner or operator, or the
designated representative of the owners and operators, of affected
sources under section 7651d of this title that satisfy the
requirements of subchapter V of this chapter and this subchapter
and that submitted to such State a permit application and
compliance plan pursuant to paragraph (2). In the case of a State
without an approved permit program by July 1, 1996, the
Administrator shall, not later than January 1, 1998, issue a permit
to the owner or operator or the designated representative of each
such affected source. In the case of affected sources for which
applications and plans are timely received under paragraph (2), the
permit application and the compliance plan, including amendments
thereto, shall be binding on the owner or operator or the
designated representative of the owners or operators and shall be
enforceable as a permit for purposes of this subchapter and
subchapter V of this chapter until a permit is issued by the
permitting authority for the affected source. The provisions of
section 558(c) of title 5 (relating to renewals) shall apply to
permits issued by a permitting authority under this subchapter and
subchapter V of this chapter.
(4) The permit issued in accordance with this subsection for an
affected source shall provide that the affected units at the
affected source may not emit an annual tonnage of sulfur dioxide in
excess of the number of allowances to emit sulfur dioxide the owner
or operator or designated representative hold for the unit.
(e) New units
The owner or operator of each source that includes a new electric
utility steam generating unit shall submit a permit application and
compliance plan to the permitting authority not later than 24
months before the later of (1) January 1, 2000, or (2) the date on
which the unit commences operation. The permitting authority shall
issue a permit to the owner or operator, or the designated
representative thereof, of the unit that satisfies the requirements
of subchapter V of this chapter and this subchapter.
(f) Units subject to certain other limits
The owner or operator, or designated representative thereof, of
any unit subject to an emission rate requirement under section
7651f of this title shall submit a permit application and
compliance plan for such unit to the permitting authority, not
later than January 1, 1998. The permitting authority shall issue a
permit to the owner or operator that satisfies the requirements of
subchapter V of this chapter and this subchapter, including any
appropriate monitoring and reporting requirements.
(g) Amendment of application and compliance plan
At any time after the submission of an application and compliance
plan under this section, the applicant may submit a revised
application and compliance plan, in accordance with the
requirements of this section. In considering any permit application
and compliance plan under this subchapter, the permitting authority
shall ensure coordination with the applicable electric ratemaking
authority, in the case of regulated utilities, and with unregulated
public utilities.
(h) Prohibition
(1) It shall be unlawful for an owner or operator, or designated
representative, required to submit a permit application or
compliance plan under this subchapter to fail to submit such
application or plan in accordance with the deadlines specified in
this section or to otherwise fail to comply with regulations
implementing this section.
(2) It shall be unlawful for any person to operate any source
subject to this subchapter except in compliance with the terms and
requirements of a permit application and compliance plan (including
amendments thereto) or permit issued by the Administrator or a
State with an approved permit program. For purposes of this
subsection, compliance, as provided in section 7661c(f) of this
title, with a permit issued under subchapter V of this chapter
which complies with this subchapter for sources subject to this
subchapter shall be deemed compliance with this subsection as well
as section 7661a(a) of this title.
(3) In order to ensure reliability of electric power, nothing in
this subchapter or subchapter V of this chapter shall be construed
as requiring termination of operations of an electric utility steam
generating unit for failure to have an approved permit or
compliance plan, except that any such unit may be subject to the
applicable enforcement provisions of section 7413 of this title.
(i) Multiple owners
No permit shall be issued under this section to an affected unit
until the designated representative of the owners or operators has
filed a certificate of representation with regard to matters under
this subchapter, including the holding and distribution of
allowances and the proceeds of transactions involving allowances.
Where there are multiple holders of a legal or equitable title to,
or a leasehold interest in, such a unit, or where a utility or
industrial customer purchases power from an affected unit (or
units) under life-of-the-unit, firm power contractual arrangements,
the certificate shall state (1) that allowances and the proceeds of
transactions involving allowances will be deemed to be held or
distributed in proportion to each holder's legal, equitable,
leasehold, or contractual reservation or entitlement, or (2) if
such multiple holders have expressly provided for a different
distribution of allowances by contract, that allowances and the
proceeds of transactions involving allowances will be deemed to be
held or distributed in accordance with the contract. A passive
lessor, or a person who has an equitable interest through such
lessor, whose rental payments are not based, either directly or
indirectly, upon the revenues or income from the affected unit
shall not be deemed to be a holder of a legal, equitable,
leasehold, or contractual interest for the purpose of holding or
distributing allowances as provided in this subsection, during
either the term of such leasehold or thereafter, unless expressly
provided for in the leasehold agreement. Except as otherwise
provided in this subsection, where all legal or equitable title to
or interest in an affected unit is held by a single person, the
certification shall state that all allowances received by the unit
are deemed to be held for that person.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 408, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2616.)
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
(!2) So in original. Section 7651a of this title does not
contain subsections.
-End-
-CITE-
42 USC Sec. 7651h 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651h. Repowered sources
-STATUTE-
(a) Availability
Not later than December 31, 1997, the owner or operator of an
existing unit subject to the emissions limitation requirements of
section 7651d(b) and (c) of this title may demonstrate to the
permitting authority that one or more units will be repowered with
a qualifying clean coal technology to comply with the requirements
under section 7651d of this title. The owner or operator shall, as
part of any such demonstration, provide, not later than January 1,
2000, satisfactory documentation of a preliminary design and
engineering effort for such repowering and an executed and binding
contract for the majority of the equipment to repower such unit and
such other information as the Administrator may require by
regulation. The replacement of an existing utility unit with a new
utility unit using a repowering technology referred to in section
7651a(2) (!1) of this title which is located at a different site,
shall be treated as repowering of the existing unit for purposes of
this subchapter, if -
(1) the replacement unit is designated by the owner or operator
to replace such existing unit, and
(2) the existing unit is retired from service on or before the
date on which the designated replacement unit enters commercial
operation.
(b) Extension
(1) An owner or operator satisfying the requirements of
subsection (a) of this section shall be granted an extension of the
emission limitation requirement compliance date for that unit from
January 1, 2000, to December 31, 2003. The extension shall be
specified in the permit issued to the source under section 7651g of
this title, together with any compliance schedule and other
requirements necessary to meet second phase requirements by the
extended date. Any unit that is granted an extension under this
section shall not be eligible for a waiver under section 7411(j) of
this title, and shall continue to be subject to requirements under
this subchapter as if it were a unit subject to section 7651d of
this title.
(2) If (A) the owner or operator of an existing unit has been
granted an extension under paragraph (1) in order to repower such
unit with a clean coal unit, and (B) such owner or operator
demonstrates to the satisfaction of the Administrator that the
repowering technology to be utilized by such unit has been properly
constructed and tested on such unit, but nevertheless has been
unable to achieve the emission reduction limitations and is
economically or technologically infeasible, such existing unit may
be retrofitted or repowered with equipment or facilities utilizing
another clean coal technology or other available control
technology.
(c) Allowances
(1) For the period of the extension under this section, the
Administrator shall allocate to the owner or operator of the
affected unit, annual allowances for sulfur dioxide equal to the
affected unit's baseline multiplied by the lesser of the unit's
federally approved State Implementation Plan emissions limitation
or its actual emission rate for 1995 in lieu of any other
allocation. Such allowances may not be transferred or used by any
other source to meet emission requirements under this subchapter.
The source owner or operator shall notify the Administrator sixty
days in advance of the date on which the affected unit for which
the extension has been granted is to be removed from operation to
install the repowering technology.
(2) Effective on that date, the unit shall be subject to the
requirements of section 7651d of this title. Allowances for the
year in which the unit is removed from operation to install the
repowering technology shall be calculated as the product of the
unit's baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000, and
prorated accordingly, and are transferable.
(3) Allowances for such existing utility units for calendar years
after the year the repowering is complete shall be calculated as
the product of the existing unit's baseline multiplied by 1.20
lbs/mmBtu, divided by 2,000.
(4) Notwithstanding the provisions of section 7651b(a) and (e) of
this title, allowances shall be allocated under this section for a
designated replacement unit which replaces an existing unit (as
provided in the last sentence of subsection (a) of this section) in
lieu of any further allocations of allowances for the existing
unit.
(5) For the purpose of meeting the aggregate emissions limitation
requirement set forth in section 7651b(a)(1) of this title, the
units with an extension under this subsection shall be treated in
each calendar year during the extension period as holding
allowances allocated under paragraph (3).
(d) Control requirements
Any unit qualifying for an extension under this section that does
not increase actual hourly emissions for any pollutant regulated
under the (!2) chapter shall not be subject to any standard of
performance under section 7411 of this title. Notwithstanding the
provisions of this subsection, no new unit (1) designated as a
replacement for an existing unit, (2) qualifying for the extension
under subsection (b) of this section, and (3) located at a
different site than the existing unit shall receive an exemption
from the requirements imposed under section 7411 of this title.
(e) Expedited permitting
State permitting authorities and, where applicable, the
Administrator, are encouraged to give expedited consideration to
permit applications under parts C and D of subchapter I of this
chapter for any source qualifying for an extension under this
section.
(f) Prohibition
It shall be unlawful for the owner or operator of a repowered
source to fail to comply with the requirement of this section, or
any regulations of permit requirements to implement this section,
including the prohibition against emitting sulfur dioxide in excess
of allowances held.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 409, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2619.)
-FOOTNOTE-
(!1) So in original. Probably should be section "7651a(12)".
(!2) So in original. Probably should be "this".
-End-
-CITE-
42 USC Sec. 7651i 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651i. Election for additional sources
-STATUTE-
(a) Applicability
The owner or operator of any unit that is not, nor will become,
an affected unit under section 7651b(e), 7651c, or 7651d of this
title, or that is a process source under subsection (d) of this
section, that emits sulfur dioxide, may elect to designate that
unit or source to become an affected unit and to receive allowances
under this subchapter. An election shall be submitted to the
Administrator for approval, along with a permit application and
proposed compliance plan in accordance with section 7651g of this
title. The Administrator shall approve a designation that meets the
requirements of this section, and such designated unit, or source,
shall be allocated allowances, and be an affected unit for purposes
of this subchapter.
(b) Establishment of baseline
The baseline for a unit designated under this section shall be
established by the Administrator by regulation, based on fuel
consumption and operating data for the unit for calendar years
1985, 1986, and 1987, or if such data is not available, the
Administrator may prescribe a baseline based on alternative
representative data.
(c) Emission limitations
Annual emissions limitations for sulfur dioxide shall be equal to
the product of the baseline multiplied by the lesser of the unit's
1985 actual or allowable emission rate in lbs/mmBtu, or, if the
unit did not operate in 1985, by the lesser of the unit's actual or
allowable emission rate for a calendar year after 1985 (as
determined by the Administrator), divided by 2,000.
(d) Process sources
Not later than 18 months after November 15, 1990, the
Administrator shall establish a program under which the owner or
operator of a process source that emits sulfur dioxide may elect to
designate that source as an affected unit for the purpose of
receiving allowances under this subchapter. The Administrator
shall, by regulation, define the sources that may be designated;
specify the emissions limitation; specify the operating, emission
baseline, and other data requirements; prescribe CEMS or other
monitoring requirements; and promulgate permit, reporting, and any
other requirements necessary to implement such a program.
(e) Allowances and permits
The Administrator shall issue allowances to an affected unit
under this section in an amount equal to the emissions limitation
calculated under subsection (c) or (d) of this section, in
accordance with section 7651b of this title. Such allowance may be
used in accordance with, and shall be subject to, the provisions of
section 7651b of this title. Affected sources under this section
shall be subject to the requirements of sections 7651b, 7651g,
7651j, 7651k, 7651l, and 7651m of this title.
(f) Limitation
Any unit designated under this section shall not transfer or bank
allowances produced as a result of reduced utilization or shutdown,
except that, such allowances may be transferred or carried forward
for use in subsequent years to the extent that the reduced
utilization or shutdown results from the replacement of thermal
energy from the unit designated under this section, with thermal
energy generated by any other unit or units subject to the
requirements of this subchapter, and the designated unit's
allowances are transferred or carried forward for use at such other
replacement unit or units. In no case may the Administrator
allocate to a source designated under this section allowances in an
amount greater than the emissions resulting from operation of the
source in full compliance with the requirements of this chapter. No
such allowances shall authorize operation of a unit in violation of
any other requirements of this chapter.
(g) Implementation
The Administrator shall issue regulations to implement this
section not later than eighteen months after November 15, 1990.
(h) Small diesel refineries
The Administrator shall issue allowances to owners or operators
of small diesel refineries who produce diesel fuel after October 1,
1993, meeting the requirements of subsection (!1) 7545(i) of this
title.
(1) Allowance period
Allowances may be allocated under this subsection only for the
period from October 1, 1993, through December 31, 1999.
(2) Allowance determination
The number of allowances allocated pursuant to this paragraph
shall equal the annual number of pounds of sulfur dioxide
reduction attributable to desulfurization by a small refinery
divided by 2,000. For the purposes of this calculation, the
concentration of sulfur removed from diesel fuel shall be the
difference between 0.274 percent (by weight) and 0.050 percent
(by weight).
(3) Refinery eligibility
As used in this subsection, the term "small refinery" shall
mean a refinery or portion of a refinery -
(A) which, as of November 15, 1990, has bona fide crude oil
throughput of less than 18,250,000 barrels per year, as
reported to the Department of Energy, and
(B) which, as of November 15, 1990, is owned or controlled by
a refiner with a total combined bona fide crude oil throughput
of less than 50,187,500 barrels per year, as reported to the
Department of Energy.
(4) Limitation per refinery
The maximum number of allowances that can be annually allocated
to a small refinery pursuant to this subsection is one thousand
and five hundred.
(5) Limitation on total
In any given year, the total number of allowances allocated
pursuant to this subsection shall not exceed thirty-five
thousand.
(6) Required certification
The Administrator shall not allocate any allowances pursuant to
this subsection unless the owner or operator of a small diesel
refinery shall have certified, at a time and in a manner
prescribed by the Administrator, that all motor diesel fuel
produced by the refinery for which allowances are claimed,
including motor diesel fuel for off-highway use, shall have met
the requirements of subsection (!1) 7545(i) of this title.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 410, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2621.)
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
42 USC Sec. 7651j 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651j. Excess emissions penalty
-STATUTE-
(a) Excess emissions penalty
The owner or operator of any unit or process source subject to
the requirements of sections (!1) 7651b, 7651c, 7651d, 7651e, 7651f
or 7651h of this title, or designated under section 7651i of this
title, that emits sulfur dioxide or nitrogen oxides for any
calendar year in excess of the unit's emissions limitation
requirement or, in the case of sulfur dioxide, of the allowances
the owner or operator holds for use for the unit for that calendar
year shall be liable for the payment of an excess emissions
penalty, except where such emissions were authorized pursuant to
section 7410(f) of this title. That penalty shall be calculated on
the basis of the number of tons emitted in excess of the unit's
emissions limitation requirement or, in the case of sulfur dioxide,
of the allowances the operator holds for use for the unit for that
year, multiplied by $2,000. Any such penalty shall be due and
payable without demand to the Administrator as provided in
regulations to be issued by the Administrator by no later than
eighteen months after November 15, 1990. Any such payment shall be
deposited in the United States Treasury pursuant to the
Miscellaneous Receipts Act.(!2) Any penalty due and payable under
this section shall not diminish the liability of the unit's owner
or operator for any fine, penalty or assessment against the unit
for the same violation under any other section of this chapter.
(b) Excess emissions offset
The owner or operator of any affected source that emits sulfur
dioxide during any calendar year in excess of the unit's emissions
limitation requirement or of the allowances held for the unit for
the calendar year, shall be liable to offset the excess emissions
by an equal tonnage amount in the following calendar year, or such
longer period as the Administrator may prescribe. The owner or
operator of the source shall, within sixty days after the end of
the year in which the excess emissions occured,(!3) submit to the
Administrator, and to the State in which the source is located, a
proposed plan to achieve the required offsets. Upon approval of the
proposed plan by the Administrator, as submitted, modified or
conditioned, the plan shall be deemed at (!4) a condition of the
operating permit for the unit without further review or revision of
the permit. The Administrator shall also deduct allowances equal to
the excess tonnage from those allocated for the source for the
calendar year, or succeeding years during which offsets are
required, following the year in which the excess emissions
occurred.
(c) Penalty adjustment
The Administrator shall, by regulation, adjust the penalty
specified in subsection (a) of this section for inflation, based on
the Consumer Price Index, on November 15, 1990, and annually
thereafter.
(d) Prohibition
It shall be unlawful for the owner or operator of any source
liable for a penalty and offset under this section to fail (1) to
pay the penalty under subsection (a) of this section, (2) to
provide, and thereafter comply with, a compliance plan as required
by subsection (b) of this section, or (3) to offset excess
emissions as required by subsection (b) of this section.
(e) Savings provision
Nothing in this subchapter shall limit or otherwise affect the
application of section 7413, 7414, 7420, or 7604 of this title
except as otherwise explicitly provided in this subchapter.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 411, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2623.)
-REFTEXT-
REFERENCES IN TEXT
The Miscellaneous Receipts Act, referred to in subsec. (a), is
not a recognized popular name for an act. For provisions relating
to deposit of monies, see section 3302 of Title 31, Money and
Finance.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
(!2) See References in Text note below.
(!3) So in original. Probably should be "occurred,".
(!4) So in original.
-End-
-CITE-
42 USC Sec. 7651k 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651k. Monitoring, reporting, and recordkeeping requirements
-STATUTE-
(a) Applicability
The owner and operator of any source subject to this subchapter
shall be required to install and operate CEMS on each affected unit
at the source, and to quality assure the data for sulfur dioxide,
nitrogen oxides, opacity and volumetric flow at each such unit. The
Administrator shall, by regulations issued not later than eighteen
months after November 15, 1990, specify the requirements for CEMS,
for any alternative monitoring system that is demonstrated as
providing information with the same precision, reliability,
accessibility, and timeliness as that provided by CEMS, and for
recordkeeping and reporting of information from such systems. Such
regulations may include limitations or the use of alternative
compliance methods by units equipped with an alternative monitoring
system as may be necessary to preserve the orderly functioning of
the allowance system, and which will ensure the emissions
reductions contemplated by this subchapter. Where 2 or more units
utilize a single stack, a separate CEMS shall not be required for
each unit, and for such units the regulations shall require that
the owner or operator collect sufficient information to permit
reliable compliance determinations for each such unit.
(b) First phase requirements
Not later than thirty-six months after November 15, 1990, the
owner or operator of each affected unit under section 7651c of this
title, including, but not limited to, units that become affected
units pursuant to subsections (b) and (c) and eligible units under
subsection (d), shall install and operate CEMS, quality assure the
data, and keep records and reports in accordance with the
regulations issued under subsection (a).
(c) Second phase requirements
Not later than January 1, 1995, the owner or operator of each
affected unit that has not previously met the requirements of
subsections (a) and (b) shall install and operate CEMS, quality
assure the data, and keep records and reports in accordance with
the regulations issued under subsection (a). Upon commencement of
commercial operation of each new utility unit, the unit shall
comply with the requirements of subsection (a).
(d) Unavailability of emissions data
If CEMS data or data from an alternative monitoring system
approved by the Administrator under subsection (a) is not available
for any affected unit during any period of a calendar year in which
such data is required under this subchapter, and the owner or
operator cannot provide information, satisfactory to the
Administrator, on emissions during that period, the Administrator
shall deem the unit to be operating in an uncontrolled manner
during the entire period for which the data was not available and
shall, by regulation which shall be issued not later than eighteen
months after November 15, 1990, prescribe means to calculate
emissions for that period. The owner or operator shall be liable
for excess emissions fees and offsets under section 7651j of this
title in accordance with such regulations. Any fee due and payable
under this subsection shall not diminish the liability of the
unit's owner or operator for any fine, penalty, fee or assessment
against the unit for the same violation under any other section of
this chapter.
(e) Prohibition
It shall be unlawful for the owner or operator of any source
subject to this subchapter to operate a source without complying
with the requirements of this section, and any regulations
implementing this section.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 412, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2624.)
-MISC1-
INFORMATION GATHERING ON GREENHOUSE GASES CONTRIBUTING TO GLOBAL
CLIMATE CHANGE
Section 821 of Pub. L. 101-549 provided that:
"(a) Monitoring. - The Administrator of the Environmental
Protection Agency shall promulgate regulations within 18 months
after the enactment of the Clean Air Act Amendments of 1990 [Nov.
15, 1990] to require that all affected sources subject to title V
of the Clean Air Act [probably means title IV of the Clean Air Act
as added by Pub. L. 101-549, which is classified to section 7651 et
seq. of this title] shall also monitor carbon dioxide emissions
according to the same timetable as in section 511(b) and (c)
[probably means section 412(b) and (c) of the Clean Air Act, which
is classified to section 7651k(b) and (c) of this title]. The
regulations shall require that such data be reported to the
Administrator. The provisions of section 511(e) of title V of the
Clean Air Act [probably means section 412(e) of title IV of the
Clean Air Act, which is classified to section 7651k(e) of this
title] shall apply for purposes of this section in the same manner
and to the same extent as such provision applies to the monitoring
and data referred to in section 511 [probably means section 412 of
the Clean Air Act, which is classified to section 7651k of this
title].
"(b) Public Availability of Carbon Dioxide Information. - For
each unit required to monitor and provide carbon dioxide data under
subsection (a), the Administrator shall compute the unit's
aggregate annual total carbon dioxide emissions, incorporate such
data into a computer data base, and make such aggregate annual data
available to the public."
-End-
-CITE-
42 USC Sec. 7651l 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651l. General compliance with other provisions
-STATUTE-
Except as expressly provided, compliance with the requirements of
this subchapter shall not exempt or exclude the owner or operator
of any source subject to this subchapter from compliance with any
other applicable requirements of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 413, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2625.)
-End-
-CITE-
42 USC Sec. 7651m 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651m. Enforcement
-STATUTE-
It shall be unlawful for any person subject to this subchapter to
violate any prohibition of, requirement of, or regulation
promulgated pursuant to this subchapter shall be a violation of
this chapter.(!1) In addition to the other requirements and
prohibitions provided for in this subchapter, the operation of any
affected unit to emit sulfur dioxide in excess of allowances held
for such unit shall be deemed a violation, with each ton emitted in
excess of allowances held constituting a separate violation.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 414, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2625.)
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
42 USC Sec. 7651n 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651n. Clean coal technology regulatory incentives
-STATUTE-
(a) "Clean coal technology" defined
For purposes of this section, "clean coal technology" means any
technology, including technologies applied at the precombustion,
combustion, or post combustion stage, at a new or existing facility
which will achieve significant reductions in air emissions of
sulfur dioxide or oxides of nitrogen associated with the
utilization of coal in the generation of electricity, process
steam, or industrial products, which is not in widespread use as of
November 15, 1990.
(b) Revised regulations for clean coal technology demonstrations
(1) Applicability
This subsection applies to physical or operational changes to
existing facilities for the sole purpose of installation,
operation, cessation, or removal of a temporary or permanent
clean coal technology demonstration project. For the purposes of
this section, a clean coal technology demonstration project shall
mean a project using funds appropriated under the heading
"Department of Energy - Clean Coal Technology", up to a total
amount of $2,500,000,000 for commercial demonstration of clean
coal technology, or similar projects funded through
appropriations for the Environmental Protection Agency. The
Federal contribution for a qualifying project shall be at least
20 percent of the total cost of the demonstration project.
(2) Temporary projects
Installation, operation, cessation, or removal of a temporary
clean coal technology demonstration project that is operated for
a period of five years or less, and which complies with the State
implementation plans for the State in which the project is
located and other requirements necessary to attain and maintain
the national ambient air quality standards during and after the
project is terminated, shall not subject such facility to the
requirements of section 7411 of this title or part C or D of
subchapter I of this chapter.
(3) Permanent projects
For permanent clean coal technology demonstration projects that
constitute repowering as defined in section 7651a(l) (!1) of this
title, any qualifying project shall not be subject to standards
of performance under section 7411 of this title or to the review
and permitting requirements of part C (!2) for any pollutant the
potential emissions of which will not increase as a result of the
demonstration project.
(4) EPA regulations
Not later than 12 months after November 15, 1990, the
Administrator shall promulgate regulations or interpretive
rulings to revise requirements under section 7411 of this title
and parts C and D,(!2) as appropriate, to facilitate projects
consistent in (!3) this subsection. With respect to parts C and
D,(!2) such regulations or rulings shall apply to all areas in
which EPA is the permitting authority. In those instances in
which the State is the permitting authority under part C or
D,(!2) any State may adopt and submit to the Administrator for
approval revisions to its implementation plan to apply the
regulations or rulings promulgated under this subsection.
(c) Exemption for reactivation of very clean units
Physical changes or changes in the method of operation associated
with the commencement of commercial operations by a coal-fired
utility unit after a period of discontinued operation shall not
subject the unit to the requirements of section 7411 of this title
or part C of the Act (!2) where the unit (1) has not been in
operation for the two-year period prior to the enactment of the
Clean Air Act Amendments of 1990 [November 15, 1990], and the
emissions from such unit continue to be carried in the permitting
authority's emissions inventory at the time of enactment, (2) was
equipped prior to shut-down with a continuous system of emissions
control that achieves a removal efficiency for sulfur dioxide of no
less than 85 percent and a removal efficiency for particulates of
no less than 98 percent, (3) is equipped with low-NOx burners
prior to the time of commencement, and (4) is otherwise in
compliance with the requirements of this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 415, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2625.)
-REFTEXT-
REFERENCES IN TEXT
Parts C and D and part C of the Act, referred to in subsecs.
(b)(3), (4) and (c), probably mean parts C and D of subchapter I of
this chapter.
-FOOTNOTE-
(!1) So in original. Probably should be section "7651a(12)".
(!2) See References in Text note below.
(!3) So in original. Probably should be "with".
-End-
-CITE-
42 USC Sec. 7651o 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER IV-A - ACID DEPOSITION CONTROL
-HEAD-
Sec. 7651o. Contingency guarantee, auctions, reserve
-STATUTE-
(a) Definitions
For purposes of this section -
(1) The term "independent power producer" means any person who
owns or operates, in whole or in part, one or more new
independent power production facilities.
(2) The term "new independent power production facility" means
a facility that -
(A) is used for the generation of electric energy, 80 percent
or more of which is sold at wholesale;
(B) is nonrecourse project-financed (as such term is defined
by the Secretary of Energy within 3 months of November 15,
1990);
(C) does not generate electric energy sold to any affiliate
(as defined in section 79b(a)(11) (!1) of title 15) of the
facility's owner or operator unless the owner or operator of
the facility demonstrates that it cannot obtain allowances from
the affiliate; and
(D) is a new unit required to hold allowances under this
subchapter.
(3) The term "required allowances" means the allowances
required to operate such unit for so much of the unit's useful
life as occurs after January 1, 2000.
(b) Special reserve of allowances
Within 36 months after November 15, 1990, the Administrator shall
promulgate regulations establishing a Special Allowance Reserve
containing allowances to be sold under this section. For purposes
of establishing the Special Allowance Reserve, the Administrator
shall withhold -
(1) 2.8 percent of the allocation of allowances for each year
from 1995 through 1999 inclusive; and
(2) 2.8 percent of the basic Phase II allowance allocation of
allowances for each year beginning in the year 2000
which would (but for this subsection) be issued for each affected
unit at an affected source. The Administrator shall record such
withholding for purposes of transferring the proceeds of the
allowance sales under this subsection. The allowances so withheld
shall be deposited in the Reserve under this section.
(c) Direct sale at $1,500 per ton
(1) Subaccount for direct sales
In accordance with regulations under this section, the
Administrator shall establish a Direct Sale Subaccount in the
Special Allowance Reserve established under this section. The
Direct Sale Subaccount shall contain allowances in the amount of
50,000 tons per year for each year beginning in the year 2000.
(2) Sales
Allowances in the subaccount shall be offered for direct sale
to any person at the times and in the amounts specified in table
1 at a price of $1,500 per allowance, adjusted by the Consumer
Price Index in the same manner as provided in paragraph (3).
Requests to purchase allowances from the Direct Sale Subaccount
established under paragraph (1) shall be approved in the order of
receipt until no allowances remain in such subaccount, except
that an opportunity to purchase such allowances shall be provided
to the independent power producers referred to in this subsection
before such allowances are offered to any other person. Each
applicant shall be required to pay 50 percent of the total
purchase price of the allowances within 6 months after the
approval of the request to purchase. The remainder shall be paid
on or before the transfer of the allowances.
TABLE 1 - NUMBER OF ALLOWANCES AVAILABLE FOR SALE AT $1,500 PER TON
--------------------------------------------------------------------
Year of Sale Spot Sale Advance Sale
(same year)
--------------------------------------------------------------------
1993-1999 25,000
2000 and after 25,000 25,000
Allowances sold in the spot sale in any year are allowances which
may only be used in that year (unless banked for use in a later
year). Allowances sold in the advance sale in any year are
allowances which may only be used in the 7th year after the year in
which they are first offered for sale (unless banked for use in a
later year).
--------------------------------------------------------------------
(3) Entitlement to written guarantee
Any independent power producer that submits an application to
the Administrator establishing that such independent power
producer -
(A) proposes to construct a new independent power production
facility for which allowances are required under this
subchapter;
(B) will apply for financing to construct such facility after
January 1, 1990, and before the date of the first auction under
this section;
(C) has submitted to each owner or operator of an affected
unit listed in table A (in section 7651c of this title) a
written offer to purchase the required allowances for $750 per
ton; and
(D) has not received (within 180 days after submitting offers
to purchase under subparagraph (C)) an acceptance of the offer
to purchase the required allowances,
shall, within 30 days after submission of such application, be
entitled to receive the Administrator's written guarantee
(subject to the eligibility requirements set forth in paragraph
(4)) that such required allowances will be made available for
purchase from the Direct Sale Subaccount established under this
subsection and at a guaranteed price. The guaranteed price at
which such allowances shall be made available for purchase shall
be $1,500 per ton, adjusted by the percentage, if any, by which
the Consumer Price Index (as determined under section
7661a(b)(3)(B)(v) of this title) for the year in which the
allowance is purchased exceeds the Consumer Price Index for the
calendar year 1990.
(4) Eligibility requirements
The guarantee issued by the Administrator under paragraph (3)
shall be subject to a demonstration by the independent power
producer, satisfactory to the Administrator, that -
(A) the independent power producer has -
(i) made good faith efforts to purchase the required
allowances from the owners or operators of affected units to
which allowances will be allocated, including efforts to
purchase at annual auctions under this section, and from
industrial sources that have elected to become affected units
pursuant to section 7651i of this title; and
(ii) such bids and efforts were unsuccessful in obtaining
the required allowances; and
(B) the independent power producer will continue to make good
faith efforts to purchase the required allowances from the
owners or operators of affected units and from industrial
sources.
(5) Issuance of guaranteed allowances from Direct Sale Subaccount
under this section
From the allowances available in the Direct Sale Subaccount
established under this subsection, upon payment of the guaranteed
price, the Administrator shall issue to any person exercising the
right to purchase allowances pursuant to a guarantee under this
subsection the allowances covered by such guarantee. Persons to
which guarantees under this subsection have been issued shall
have the opportunity to purchase allowances pursuant to such
guarantee from such subaccount before the allowances in such
reserve are offered for sale to any other person.
(6) Proceeds
Notwithstanding section 3302 of title 31 or any other provision
of law, the Administrator shall require that the proceeds of any
sale under this subsection be transferred, within 90 days after
the sale, without charge, on a pro rata basis to the owners or
operators of the affected units from whom the allowances were
withheld under subsection (b) of this section and that any unsold
allowances be transferred to the Subaccount for Auction Sales
established under subsection (d) of this section. No proceeds of
any sale under this subsection shall be held by any officer or
employee of the United States or treated for any purpose as
revenue to the United States or to the Administrator.
(7) Termination of subaccount
If the Administrator determines that, during any period of 2
consecutive calendar years, less than 20 percent of the
allowances available in the subaccount for direct sales
established under this subsection have been purchased under this
paragraph, the Administrator shall terminate the subaccount and
transfer such allowances to the Auction Subaccount under
subsection (d) of this section.
(d) Auction sales
(1) Subaccount for auctions
The Administrator shall establish an Auction Subaccount in the
Special Reserve established under this section. The Auction
Subaccount shall contain allowances to be sold at auction under
this section in the amount of 150,000 tons per year for each year
from 1995 through 1999, inclusive and 250,000 tons per year for
each year beginning in the calendar year 2000.
(2) Annual auctions
Commencing in 1993 and in each year thereafter, the
Administrator shall conduct auctions at which the allowances
referred to in paragraph (1) shall be offered for sale in
accordance with regulations promulgated by the Administrator, in
consultation with the Secretary of the Treasury, within 12 months
of November 15, 1990. The allowances referred to in paragraph (1)
shall be offered for sale at auction in the amounts specified in
table 2. The auction shall be open to any person. A person
wishing to bid for such allowances shall submit (by a date set by
the Administrator) to the Administrator (on a sealed bid schedule
provided by the Administrator) offers to purchase specified
numbers of allowances at specified prices. Such regulations shall
specify that the auctioned allowances shall be allocated and sold
on the basis of bid price, starting with the highest-priced bid
and continuing until all allowances for sale at such auction have
been allocated. The regulations shall not permit that a minimum
price be set for the purchase of withheld allowances. Allowances
purchased at the auction may be used for any purpose and at any
time after the auction, subject to the provisions of this
subchapter.
TABLE 2 - NUMBER OF ALLOWANCES AVAILABLE FOR AUCTION
--------------------------------------------------------------------
Year of Sale Spot Advance
Auction Auction
(same year)
--------------------------------------------------------------------
1993 50,000* 100,000
1994 50,000* 100,000
1995 50,000* 100,000
1996 150,000 100,000
1997 150,000 100,000
1998 150,000 100,000
1999 150,000 100,000
2000 and after 100,000 100,000
Allowances sold in the spot sale in any year are allowances which
may only be used in that year (unless banked for use in a later
year), except as otherwise noted. Allowances sold in the advance
auction in any year are allowances which may only be used in the
7th year after the year in which they are first offered for sale
(unless banked for use in a later year).
*Available for use only in 1995 (unless banked for use in a later
year).
--------------------------------------------------------------------
(3) Proceeds
(A) Notwithstanding section 3302 of title 31 or any other
provision of law, within 90 days of receipt, the Administrator
shall transfer the proceeds from the auction under this section,
on a pro rata basis, to the owners or operators of the affected
units at an affected source from whom allowances were withheld
under subsection (b) of this section. No funds transferred from a
purchaser to a seller of allowances under this paragraph shall be
held by any officer or employee of the United States or treated
for any purpose as revenue to the United States or the
Administrator.
(B) At the end of each year, any allowances offered for sale
but not sold at the auction shall be returned without charge, on
a pro rata basis, to the owner or operator of the affected units
from whose allocation the allowances were withheld.
(4) Additional auction participants
Any person holding allowances or to whom allowances are
allocated by the Administrator may submit those allowances to the
Administrator to be offered for sale at auction under this
subsection. The proceeds of any such sale shall be transferred at
the time of sale by the purchaser to the person submitting such
allowances for sale. The holder of allowances offered for sale
under this paragraph may specify a minimum sale price. Any person
may purchase allowances offered for auction under this paragraph.
Such allowances shall be allocated and sold to purchasers on the
basis of bid price after the auction under paragraph (2) is
complete. No funds transferred from a purchaser to a seller of
allowances under this paragraph shall be held by any officer or
employee of the United States or treated for any purpose as
revenue to the United States or the Administrator.
(5) Recording by EPA
The Administrator shall record and publicly report the nature,
prices and results of each auction under this subsection,
including the prices of successful bids, and shall record the
transfers of allowances as a result of each auction in accordance
with the requirements of this section. The transfer of allowances
at such auction shall be recorded in accordance with the
regulations promulgated by the Administrator under this
subchapter.
(e) Changes in sales, auctions, and withholding
Pursuant to rulemaking after public notice and comment the
Administrator may at any time after the year 1998 (in the case of
advance sales or advance auctions) and 2005 (in the case of spot
sales or spot auctions) decrease the number of allowances withheld
and sold under this section.
(f) Termination of auctions
The Administrator may terminate the withholding of allowances and
the auction sales under this section if the Administrator
determines that, during any period of 3 consecutive calendar years
after 2002, less than 20 percent of the allowances available in the
auction subaccount have been purchased. Pursuant to regulations
under this section, the Administrator may by delegation or contract
provide for the conduct of sales or auctions under the
Administrator's supervision by other departments or agencies of the
United States Government or by nongovernmental agencies, groups, or
organizations.
-SOURCE-
(July 14, 1955, ch. 360, title IV, Sec. 416, as added Pub. L. 101-
549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2626.)
-REFTEXT-
REFERENCES IN TEXT
Section 79b of title 15, referred to in subsec. (a)(2)(C), was
repealed by Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119
Stat. 974. See section 16451(1) of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC SUBCHAPTER V - PERMITS 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
SUBCHAPTER V - PERMITS
-End-
-CITE-
42 USC Sec. 7661 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
Sec. 7661. Definitions
-STATUTE-
As used in this subchapter -
(1) Affected source
The term "affected source" shall have the meaning given such
term in subchapter IV-A of this chapter.
(2) Major source
The term "major source" means any stationary source (or any
group of stationary sources located within a contiguous area and
under common control) that is either of the following:
(A) A major source as defined in section 7412 of this title.
(B) A major stationary source as defined in section 7602 of
this title or part D of subchapter I of this chapter.
(3) Schedule of compliance
The term "schedule of compliance" means a schedule of remedial
measures, including an enforceable sequence of actions or
operations, leading to compliance with an applicable
implementation plan, emission standard, emission limitation, or
emission prohibition.
(4) Permitting authority
The term "permitting authority" means the Administrator or the
air pollution control agency authorized by the Administrator to
carry out a permit program under this subchapter.
-SOURCE-
(July 14, 1955, ch. 360, title V, Sec. 501, as added Pub. L. 101-
549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2635.)
-End-
-CITE-
42 USC Sec. 7661a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
Sec. 7661a. Permit programs
-STATUTE-
(a) Violations
After the effective date of any permit program approved or
promulgated under this subchapter, it shall be unlawful for any
person to violate any requirement of a permit issued under this
subchapter, or to operate an affected source (as provided in
subchapter IV-A of this chapter), a major source, any other source
(including an area source) subject to standards or regulations
under section 7411 or 7412 of this title, any other source required
to have a permit under parts (!1) C or D of subchapter I of this
chapter, or any other stationary source in a category designated
(in whole or in part) by regulations promulgated by the
Administrator (after notice and public comment) which shall include
a finding setting forth the basis for such designation, except in
compliance with a permit issued by a permitting authority under
this subchapter. (Nothing in this subsection shall be construed to
alter the applicable requirements of this chapter that a permit be
obtained before construction or modification.) The Administrator
may, in the Administrator's discretion and consistent with the
applicable provisions of this chapter, promulgate regulations to
exempt one or more source categories (in whole or in part) from the
requirements of this subsection if the Administrator finds that
compliance with such requirements is impracticable, infeasible, or
unnecessarily burdensome on such categories, except that the
Administrator may not exempt any major source from such
requirements.
(b) Regulations
The Administrator shall promulgate within 12 months after
November 15, 1990, regulations establishing the minimum elements of
a permit program to be administered by any air pollution control
agency. These elements shall include each of the following:
(1) Requirements for permit applications, including a standard
application form and criteria for determining in a timely fashion
the completeness of applications.
(2) Monitoring and reporting requirements.
(3)(A) A requirement under State or local law or interstate
compact that the owner or operator of all sources subject to the
requirement to obtain a permit under this subchapter pay an
annual fee, or the equivalent over some other period, sufficient
to cover all reasonable (direct and indirect) costs required to
develop and administer the permit program requirements of this
subchapter, including section 7661f of this title, including the
reasonable costs of -
(i) reviewing and acting upon any application for such a
permit,
(ii) if the owner or operator receives a permit for such
source, whether before or after November 15, 1990, implementing
and enforcing the terms and conditions of any such permit (not
including any court costs or other costs associated with any
enforcement action),
(iii) emissions and ambient monitoring,
(iv) preparing generally applicable regulations, or guidance,
(v) modeling, analyses, and demonstrations, and
(vi) preparing inventories and tracking emissions.
(B) The total amount of fees collected by the permitting
authority shall conform to the following requirements:
(i) The Administrator shall not approve a program as meeting
the requirements of this paragraph unless the State
demonstrates that, except as otherwise provided in
subparagraphs (!2) (ii) through (v) of this subparagraph, the
program will result in the collection, in the aggregate, from
all sources subject to subparagraph (A), of an amount not less
than $25 per ton of each regulated pollutant, or such other
amount as the Administrator may determine adequately reflects
the reasonable costs of the permit program.
(ii) As used in this subparagraph, the term "regulated
pollutant" shall mean (I) a volatile organic compound; (II)
each pollutant regulated under section 7411 or 7412 of this
title; and (III) each pollutant for which a national primary
ambient air quality standard has been promulgated (except that
carbon monoxide shall be excluded from this reference).
(iii) In determining the amount under clause (i), the
permitting authority is not required to include any amount of
regulated pollutant emitted by any source in excess of 4,000
tons per year of that regulated pollutant.
(iv) The requirements of clause (i) shall not apply if the
permitting authority demonstrates that collecting an amount
less than the amount specified under clause (i) will meet the
requirements of subparagraph (A).
(v) The fee calculated under clause (i) shall be increased
(consistent with the need to cover the reasonable costs
authorized by subparagraph (A)) in each year beginning after
1990, by the percentage, if any, by which the Consumer Price
Index for the most recent calendar year ending before the
beginning of such year exceeds the Consumer Price Index for the
calendar year 1989. For purposes of this clause -
(I) the Consumer Price Index for any calendar year is the
average of the Consumer Price Index for all-urban consumers
published by the Department of Labor, as of the close of the
12-month period ending on August 31 of each calendar year,
and
(II) the revision of the Consumer Price Index which is most
consistent with the Consumer Price Index for calendar year
1989 shall be used.
(C)(i) If the Administrator determines, under subsection (d) of
this section, that the fee provisions of the operating permit
program do not meet the requirements of this paragraph, or if the
Administrator makes a determination, under subsection (i) of this
section, that the permitting authority is not adequately
administering or enforcing an approved fee program, the
Administrator may, in addition to taking any other action
authorized under this subchapter, collect reasonable fees from
the sources identified under subparagraph (A). Such fees shall be
designed solely to cover the Administrator's costs of
administering the provisions of the permit program promulgated by
the Administrator.
(ii) Any source that fails to pay fees lawfully imposed by the
Administrator under this subparagraph shall pay a penalty of 50
percent of the fee amount, plus interest on the fee amount
computed in accordance with section 6621(a)(2) of title 26
(relating to computation of interest on underpayment of Federal
taxes).
(iii) Any fees, penalties, and interest collected under this
subparagraph shall be deposited in a special fund in the United
States Treasury for licensing and other services, which
thereafter shall be available for appropriation, to remain
available until expended, subject to appropriation, to carry out
the Agency's activities for which the fees were collected. Any
fee required to be collected by a State, local, or interstate
agency under this subsection shall be utilized solely to cover
all reasonable (direct and indirect) costs required to support
the permit program as set forth in subparagraph (A).
(4) Requirements for adequate personnel and funding to
administer the program.
(5) A requirement that the permitting authority have adequate
authority to:
(A) issue permits and assure compliance by all sources
required to have a permit under this subchapter with each
applicable standard, regulation or requirement under this
chapter;
(B) issue permits for a fixed term, not to exceed 5 years;
(C) assure that upon issuance or renewal permits incorporate
emission limitations and other requirements in an applicable
implementation plan;
(D) terminate, modify, or revoke and reissue permits for
cause;
(E) enforce permits, permit fee requirements, and the
requirement to obtain a permit, including authority to recover
civil penalties in a maximum amount of not less than $10,000
per day for each violation, and provide appropriate criminal
penalties; and
(F) assure that no permit will be issued if the Administrator
objects to its issuance in a timely manner under this
subchapter.
(6) Adequate, streamlined, and reasonable procedures for
expeditiously determining when applications are complete, for
processing such applications, for public notice, including
offering an opportunity for public comment and a hearing, and for
expeditious review of permit actions, including applications,
renewals, or revisions, and including an opportunity for judicial
review in State court of the final permit action by the
applicant, any person who participated in the public comment
process, and any other person who could obtain judicial review of
that action under applicable law.
(7) To ensure against unreasonable delay by the permitting
authority, adequate authority and procedures to provide that a
failure of such permitting authority to act on a permit
application or permit renewal application (in accordance with the
time periods specified in section 7661b of this title or, as
appropriate, subchapter IV-A of this chapter) shall be treated as
a final permit action solely for purposes of obtaining judicial
review in State court of an action brought by any person referred
to in paragraph (6) to require that action be taken by the
permitting authority on such application without additional
delay.
(8) Authority, and reasonable procedures consistent with the
need for expeditious action by the permitting authority on permit
applications and related matters, to make available to the public
any permit application, compliance plan, permit, and monitoring
or compliance report under section 7661b(e) of this title,
subject to the provisions of section 7414(c) of this title.
(9) A requirement that the permitting authority, in the case of
permits with a term of 3 or more years for major sources, shall
require revisions to the permit to incorporate applicable
standards and regulations promulgated under this chapter after
the issuance of such permit. Such revisions shall occur as
expeditiously as practicable and consistent with the procedures
established under paragraph (6) but not later than 18 months
after the promulgation of such standards and regulations. No such
revision shall be required if the effective date of the standards
or regulations is a date after the expiration of the permit term.
Such permit revision shall be treated as a permit renewal if it
complies with the requirements of this subchapter regarding
renewals.
(10) Provisions to allow changes within a permitted facility
(or one operating pursuant to section 7661b(d) of this title)
without requiring a permit revision, if the changes are not
modifications under any provision of subchapter I of this chapter
and the changes do not exceed the emissions allowable under the
permit (whether expressed therein as a rate of emissions or in
terms of total emissions: (!3) Provided, That the facility
provides the Administrator and the permitting authority with
written notification in advance of the proposed changes which
shall be a minimum of 7 days, unless the permitting authority
provides in its regulations a different timeframe for
emergencies.
(c) Single permit
A single permit may be issued for a facility with multiple
sources.
(d) Submission and approval
(1) Not later than 3 years after November 15, 1990, the Governor
of each State shall develop and submit to the Administrator a
permit program under State or local law or under an interstate
compact meeting the requirements of this subchapter. In addition,
the Governor shall submit a legal opinion from the attorney general
(or the attorney for those State air pollution control agencies
that have independent legal counsel), or from the chief legal
officer of an interstate agency, that the laws of the State,
locality, or the interstate compact provide adequate authority to
carry out the program. Not later than 1 year after receiving a
program, and after notice and opportunity for public comment, the
Administrator shall approve or disapprove such program, in whole or
in part. The Administrator may approve a program to the extent that
the program meets the requirements of this chapter, including the
regulations issued under subsection (b) of this section. If the
program is disapproved, in whole or in part, the Administrator
shall notify the Governor of any revisions or modifications
necessary to obtain approval. The Governor shall revise and
resubmit the program for review under this section within 180 days
after receiving notification.
(2)(A) If the Governor does not submit a program as required
under paragraph (1) or if the Administrator disapproves a program
submitted by the Governor under paragraph (1), in whole or in part,
the Administrator may, prior to the expiration of the 18-month
period referred to in subparagraph (B), in the Administrator's
discretion, apply any of the sanctions specified in section 7509(b)
of this title.
(B) If the Governor does not submit a program as required under
paragraph (1), or if the Administrator disapproves any such program
submitted by the Governor under paragraph (1), in whole or in part,
18 months after the date required for such submittal or the date of
such disapproval, as the case may be, the Administrator shall apply
sanctions under section 7509(b) of this title in the same manner
and subject to the same deadlines and other conditions as are
applicable in the case of a determination, disapproval, or finding
under section 7509(a) of this title.
(C) The sanctions under section 7509(b)(2) of this title shall
not apply pursuant to this paragraph in any area unless the failure
to submit or the disapproval referred to in subparagraph (A) or (B)
relates to an air pollutant for which such area has been designated
a nonattainment area (as defined in part D of subchapter I of this
chapter).
(3) If a program meeting the requirements of this subchapter has
not been approved in whole for any State, the Administrator shall,
2 years after the date required for submission of such a program
under paragraph (1), promulgate, administer, and enforce a program
under this subchapter for that State.
(e) Suspension
The Administrator shall suspend the issuance of permits promptly
upon publication of notice of approval of a permit program under
this section, but may, in such notice, retain jurisdiction over
permits that have been federally issued, but for which the
administrative or judicial review process is not complete. The
Administrator shall continue to administer and enforce federally
issued permits under this subchapter until they are replaced by a
permit issued by a permitting program. Nothing in this subsection
should be construed to limit the Administrator's ability to enforce
permits issued by a State.
(f) Prohibition
No partial permit program shall be approved unless, at a minimum,
it applies, and ensures compliance with, this subchapter and each
of the following:
(1) All requirements established under subchapter IV-A of this
chapter applicable to "affected sources".
(2) All requirements established under section 7412 of this
title applicable to "major sources", "area sources," and "new
sources".
(3) All requirements of subchapter I of this chapter (other
than section 7412 of this title) applicable to sources required
to have a permit under this subchapter.
Approval of a partial program shall not relieve the State of its
obligation to submit a complete program, nor from the application
of any sanctions under this chapter for failure to submit an
approvable permit program.
(g) Interim approval
If a program (including a partial permit program) submitted under
this subchapter substantially meets the requirements of this
subchapter, but is not fully approvable, the Administrator may by
rule grant the program interim approval. In the notice of final
rulemaking, the Administrator shall specify the changes that must
be made before the program can receive full approval. An interim
approval under this subsection shall expire on a date set by the
Administrator not later than 2 years after such approval, and may
not be renewed. For the period of any such interim approval, the
provisions of subsection (d)(2) of this section, and the obligation
of the Administrator to promulgate a program under this subchapter
for the State pursuant to subsection (d)(3) of this section, shall
be suspended. Such provisions and such obligation of the
Administrator shall apply after the expiration of such interim
approval.
(h) Effective date
The effective date of a permit program, or partial or interim
program, approved under this subchapter, shall be the effective
date of approval by the Administrator. The effective date of a
permit program, or partial permit program, promulgated by the
Administrator shall be the date of promulgation.
(i) Administration and enforcement
(1) Whenever the Administrator makes a determination that a
permitting authority is not adequately administering and enforcing
a program, or portion thereof, in accordance with the requirements
of this subchapter, the Administrator shall provide notice to the
State and may, prior to the expiration of the 18-month period
referred to in paragraph (2), in the Administrator's discretion,
apply any of the sanctions specified in section 7509(b) of this
title.
(2) Whenever the Administrator makes a determination that a
permitting authority is not adequately administering and enforcing
a program, or portion thereof, in accordance with the requirements
of this subchapter, 18 months after the date of the notice under
paragraph (1), the Administrator shall apply the sanctions under
section 7509(b) of this title in the same manner and subject to the
same deadlines and other conditions as are applicable in the case
of a determination, disapproval, or finding under section 7509(a)
of this title.
(3) The sanctions under section 7509(b)(2) of this title shall
not apply pursuant to this subsection in any area unless the
failure to adequately enforce and administer the program relates to
an air pollutant for which such area has been designated a
nonattainment area.
(4) Whenever the Administrator has made a finding under paragraph
(1) with respect to any State, unless the State has corrected such
deficiency within 18 months after the date of such finding, the
Administrator shall, 2 years after the date of such finding,
promulgate, administer, and enforce a program under this subchapter
for that State. Nothing in this paragraph shall be construed to
affect the validity of a program which has been approved under this
subchapter or the authority of any permitting authority acting
under such program until such time as such program is promulgated
by the Administrator under this paragraph.
-SOURCE-
(July 14, 1955, ch. 360, title V, Sec. 502, as added Pub. L. 101-
549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2635.)
-FOOTNOTE-
(!1) So in original. Probably should be "part".
(!2) So in original. Probably should be "clauses".
(!3) So in original. A closing parenthesis probably should
precede the colon.
-End-
-CITE-
42 USC Sec. 7661b 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
Sec. 7661b. Permit applications
-STATUTE-
(a) Applicable date
Any source specified in section 7661a(a) of this title shall
become subject to a permit program, and required to have a permit,
on the later of the following dates -
(1) the effective date of a permit program or partial or
interim permit program applicable to the source; or
(2) the date such source becomes subject to section 7661a(a) of
this title.
(b) Compliance plan
(1) The regulations required by section 7661a(b) of this title
shall include a requirement that the applicant submit with the
permit application a compliance plan describing how the source will
comply with all applicable requirements under this chapter. The
compliance plan shall include a schedule of compliance, and a
schedule under which the permittee will submit progress reports to
the permitting authority no less frequently than every 6 months.
(2) The regulations shall further require the permittee to
periodically (but no less frequently than annually) certify that
the facility is in compliance with any applicable requirements of
the permit, and to promptly report any deviations from permit
requirements to the permitting authority.
(c) Deadline
Any person required to have a permit shall, not later than 12
months after the date on which the source becomes subject to a
permit program approved or promulgated under this subchapter, or
such earlier date as the permitting authority may establish, submit
to the permitting authority a compliance plan and an application
for a permit signed by a responsible official, who shall certify
the accuracy of the information submitted. The permitting authority
shall approve or disapprove a completed application (consistent
with the procedures established under this subchapter for
consideration of such applications), and shall issue or deny the
permit, within 18 months after the date of receipt thereof, except
that the permitting authority shall establish a phased schedule for
acting on permit applications submitted within the first full year
after the effective date of a permit program (or a partial or
interim program). Any such schedule shall assure that at least one-
third of such permits will be acted on by such authority annually
over a period of not to exceed 3 years after such effective date.
Such authority shall establish reasonable procedures to prioritize
such approval or disapproval actions in the case of applications
for construction or modification under the applicable requirements
of this chapter.
(d) Timely and complete applications
Except for sources required to have a permit before construction
or modification under the applicable requirements of this chapter,
if an applicant has submitted a timely and complete application for
a permit required by this subchapter (including renewals), but
final action has not been taken on such application, the source's
failure to have a permit shall not be a violation of this chapter,
unless the delay in final action was due to the failure of the
applicant timely to submit information required or requested to
process the application. No source required to have a permit under
this subchapter shall be in violation of section 7661a(a) of this
title before the date on which the source is required to submit an
application under subsection (c) of this section.
(e) Copies; availability
A copy of each permit application, compliance plan (including the
schedule of compliance), emissions or compliance monitoring report,
certification, and each permit issued under this subchapter, shall
be available to the public. If an applicant or permittee is
required to submit information entitled to protection from
disclosure under section 7414(c) of this title, the applicant or
permittee may submit such information separately. The requirements
of section 7414(c) of this title shall apply to such information.
The contents of a permit shall not be entitled to protection under
section 7414(c) of this title.
-SOURCE-
(July 14, 1955, ch. 360, title V, Sec. 503, as added Pub. L. 101-
549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2641.)
-End-
-CITE-
42 USC Sec. 7661c 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
Sec. 7661c. Permit requirements and conditions
-STATUTE-
(a) Conditions
Each permit issued under this subchapter shall include
enforceable emission limitations and standards, a schedule of
compliance, a requirement that the permittee submit to the
permitting authority, no less often than every 6 months, the
results of any required monitoring, and such other conditions as
are necessary to assure compliance with applicable requirements of
this chapter, including the requirements of the applicable
implementation plan.
(b) Monitoring and analysis
The Administrator may by rule prescribe procedures and methods
for determining compliance and for monitoring and analysis of
pollutants regulated under this chapter, but continuous emissions
monitoring need not be required if alternative methods are
available that provide sufficiently reliable and timely information
for determining compliance. Nothing in this subsection shall be
construed to affect any continuous emissions monitoring requirement
of subchapter IV-A of this chapter, or where required elsewhere in
this chapter.
(c) Inspection, entry, monitoring, certification, and reporting
Each permit issued under this subchapter shall set forth
inspection, entry, monitoring, compliance certification, and
reporting requirements to assure compliance with the permit terms
and conditions. Such monitoring and reporting requirements shall
conform to any applicable regulation under subsection (b) of this
section. Any report required to be submitted by a permit issued to
a corporation under this subchapter shall be signed by a
responsible corporate official, who shall certify its accuracy.
(d) General permits
The permitting authority may, after notice and opportunity for
public hearing, issue a general permit covering numerous similar
sources. Any general permit shall comply with all requirements
applicable to permits under this subchapter. No source covered by a
general permit shall thereby be relieved from the obligation to
file an application under section 7661b of this title.
(e) Temporary sources
The permitting authority may issue a single permit authorizing
emissions from similar operations at multiple temporary locations.
No such permit shall be issued unless it includes conditions that
will assure compliance with all the requirements of this chapter at
all authorized locations, including, but not limited to, ambient
standards and compliance with any applicable increment or
visibility requirements under part C of subchapter I of this
chapter. Any such permit shall in addition require the owner or
operator to notify the permitting authority in advance of each
change in location. The permitting authority may require a separate
permit fee for operations at each location.
(f) Permit shield
Compliance with a permit issued in accordance with this
subchapter shall be deemed compliance with section 7661a of this
title. Except as otherwise provided by the Administrator by rule,
the permit may also provide that compliance with the permit shall
be deemed compliance with other applicable provisions of this
chapter that relate to the permittee if -
(1) the permit includes the applicable requirements of such
provisions, or
(2) the permitting authority in acting on the permit
application makes a determination relating to the permittee that
such other provisions (which shall be referred to in such
determination) are not applicable and the permit includes the
determination or a concise summary thereof.
Nothing in the preceding sentence shall alter or affect the
provisions of section 7603 of this title, including the authority
of the Administrator under that section.
-SOURCE-
(July 14, 1955, ch. 360, title V, Sec. 504, as added Pub. L. 101-
549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2642.)
-End-
-CITE-
42 USC Sec. 7661d 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
Sec. 7661d. Notification to Administrator and contiguous States
-STATUTE-
(a) Transmission and notice
(1) Each permitting authority -
(A) shall transmit to the Administrator a copy of each permit
application (and any application for a permit modification or
renewal) or such portion thereof, including any compliance plan,
as the Administrator may require to effectively review the
application and otherwise to carry out the Administrator's
responsibilities under this chapter, and
(B) shall provide to the Administrator a copy of each permit
proposed to be issued and issued as a final permit.
(2) The permitting authority shall notify all States -
(A) whose air quality may be affected and that are contiguous
to the State in which the emission originates, or
(B) that are within 50 miles of the source,
of each permit application or proposed permit forwarded to the
Administrator under this section, and shall provide an opportunity
for such States to submit written recommendations respecting the
issuance of the permit and its terms and conditions. If any part of
those recommendations are not accepted by the permitting authority,
such authority shall notify the State submitting the
recommendations and the Administrator in writing of its failure to
accept those recommendations and the reasons therefor.
(b) Objection by EPA
(1) If any permit contains provisions that are determined by the
Administrator as not in compliance with the applicable requirements
of this chapter, including the requirements of an applicable
implementation plan, the Administrator shall, in accordance with
this subsection, object to its issuance. The permitting authority
shall respond in writing if the Administrator (A) within 45 days
after receiving a copy of the proposed permit under subsection
(a)(1) of this section, or (B) within 45 days after receiving
notification under subsection (a)(2) of this section, objects in
writing to its issuance as not in compliance with such
requirements. With the objection, the Administrator shall provide a
statement of the reasons for the objection. A copy of the objection
and statement shall be provided to the applicant.
(2) If the Administrator does not object in writing to the
issuance of a permit pursuant to paragraph (1), any person may
petition the Administrator within 60 days after the expiration of
the 45-day review period specified in paragraph (1) to take such
action. A copy of such petition shall be provided to the permitting
authority and the applicant by the petitioner. The petition shall
be based only on objections to the permit that were raised with
reasonable specificity during the public comment period provided by
the permitting agency (unless the petitioner demonstrates in the
petition to the Administrator that it was impracticable to raise
such objections within such period or unless the grounds for such
objection arose after such period). The petition shall identify all
such objections. If the permit has been issued by the permitting
agency, such petition shall not postpone the effectiveness of the
permit. The Administrator shall grant or deny such petition within
60 days after the petition is filed. The Administrator shall issue
an objection within such period if the petitioner demonstrates to
the Administrator that the permit is not in compliance with the
requirements of this chapter, including the requirements of the
applicable implementation plan. Any denial of such petition shall
be subject to judicial review under section 7607 of this title. The
Administrator shall include in regulations under this subchapter
provisions to implement this paragraph. The Administrator may not
delegate the requirements of this paragraph.
(3) Upon receipt of an objection by the Administrator under this
subsection, the permitting authority may not issue the permit
unless it is revised and issued in accordance with subsection (c)
of this section. If the permitting authority has issued a permit
prior to receipt of an objection by the Administrator under
paragraph (2) of this subsection, the Administrator shall modify,
terminate, or revoke such permit and the permitting authority may
thereafter only issue a revised permit in accordance with
subsection (c) of this section.
(c) Issuance or denial
If the permitting authority fails, within 90 days after the date
of an objection under subsection (b) of this section, to submit a
permit revised to meet the objection, the Administrator shall issue
or deny the permit in accordance with the requirements of this
subchapter. No objection shall be subject to judicial review until
the Administrator takes final action to issue or deny a permit
under this subsection.
(d) Waiver of notification requirements
(1) The Administrator may waive the requirements of subsections
(a) and (b) of this section at the time of approval of a permit
program under this subchapter for any category (including any
class, type, or size within such category) of sources covered by
the program other than major sources.
(2) The Administrator may, by regulation, establish categories of
sources (including any class, type, or size within such category)
to which the requirements of subsections (a) and (b) of this
section shall not apply. The preceding sentence shall not apply to
major sources.
(3) The Administrator may exclude from any waiver under this
subsection notification under subsection (a)(2) of this section.
Any waiver granted under this subsection may be revoked or modified
by the Administrator by rule.
(e) Refusal of permitting authority to terminate, modify, or revoke
and reissue
If the Administrator finds that cause exists to terminate,
modify, or revoke and reissue a permit under this subchapter, the
Administrator shall notify the permitting authority and the source
of the Administrator's finding. The permitting authority shall,
within 90 days after receipt of such notification, forward to the
Administrator under this section a proposed determination of
termination, modification, or revocation and reissuance, as
appropriate. The Administrator may extend such 90 day period for an
additional 90 days if the Administrator finds that a new or revised
permit application is necessary, or that the permitting authority
must require the permittee to submit additional information. The
Administrator may review such proposed determination under the
provisions of subsections (a) and (b) of this section. If the
permitting authority fails to submit the required proposed
determination, or if the Administrator objects and the permitting
authority fails to resolve the objection within 90 days, the
Administrator may, after notice and in accordance with fair and
reasonable procedures, terminate, modify, or revoke and reissue the
permit.
-SOURCE-
(July 14, 1955, ch. 360, title V, Sec. 505, as added Pub. L. 101-
549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2643.)
-End-
-CITE-
42 USC Sec. 7661e 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
Sec. 7661e. Other authorities
-STATUTE-
(a) In general
Nothing in this subchapter shall prevent a State, or interstate
permitting authority, from establishing additional permitting
requirements not inconsistent with this chapter.
(b) Permits implementing acid rain provisions
The provisions of this subchapter, including provisions regarding
schedules for submission and approval or disapproval of permit
applications, shall apply to permits implementing the requirements
of subchapter IV-A of this chapter except as modified by that
subchapter.
-SOURCE-
(July 14, 1955, ch. 360, title V, Sec. 506, as added Pub. L. 101-
549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2645.)
-End-
-CITE-
42 USC Sec. 7661f 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - PERMITS
-HEAD-
Sec. 7661f. Small business stationary source technical and
environmental compliance assistance program
-STATUTE-
(a) Plan revisions
Consistent with sections 7410 and 7412 of this title, each State
shall, after reasonable notice and public hearings, adopt and
submit to the Administrator as part of the State implementation
plan for such State or as a revision to such State implementation
plan under section 7410 of this title, plans for establishing a
small business stationary source technical and environmental
compliance assistance program. Such submission shall be made within
24 months after November 15, 1990. The Administrator shall approve
such program if it includes each of the following:
(1) Adequate mechanisms for developing, collecting, and
coordinating information concerning compliance methods and
technologies for small business stationary sources, and programs
to encourage lawful cooperation among such sources and other
persons to further compliance with this chapter.
(2) Adequate mechanisms for assisting small business stationary
sources with pollution prevention and accidental release
detection and prevention, including providing information
concerning alternative technologies, process changes, products,
and methods of operation that help reduce air pollution.
(3) A designated State office within the relevant State agency
to serve as ombudsman for small business stationary sources in
connection with the implementation of this chapter.
(4) A compliance assistance program for small business
stationary sources which assists small business stationary
sources in determining applicable requirements and in receiving
permits under this chapter in a timely and efficient manner.
(5) Adequate mechanisms to assure that small business
stationary sources receive notice of their rights under this
chapter in such manner and form as to assure reasonably adequate
time for such sources to evaluate compliance methods and any
relevant or applicable proposed or final regulation or standard
issued under this chapter.
(6) Adequate mechanisms for informing small business stationary
sources of their obligations under this chapter, including
mechanisms for referring such sources to qualified auditors or,
at the option of the State, for providing audits of the
operations of such sources to determine compliance with this
chapter.
(7) Procedures for consideration of requests from a small
business stationary source for modification of -
(A) any work practice or technological method of compliance,
or
(B) the schedule of milestones for implementing such work
practice or method of compliance preceding any applicable
compliance date,
based on the technological and financial capability of any such
small business stationary source. No such modification may be
granted unless it is in compliance with the applicable
requirements of this chapter, including the requirements of the
applicable implementation plan. Where such applicable
requirements are set forth in Federal regulations, only
modifications authorized in such regulations may be allowed.
(b) Program
The Administrator shall establish within 9 months after November
15, 1990, a small business stationary source technical and
environmental compliance assistance program. Such program shall -
(1) assist the States in the development of the program
required under subsection (a) of this section (relating to
assistance for small business stationary sources);
(2) issue guidance for the use of the States in the
implementation of these programs that includes alternative
control technologies and pollution prevention methods applicable
to small business stationary sources; and
(3) provide for implementation of the program provisions
required under subsection (a)(4) of this section in any State
that fails to submit such a program under that subsection.
(c) Eligibility
(1) Except as provided in paragraphs (2) and (3), for purposes of
this section, the term "small business stationary source" means a
stationary source that -
(A) is owned or operated by a person that employs 100 or fewer
individuals,
(B) is a small business concern as defined in the Small
Business Act [15 U.S.C. 631 et seq.];
(C) is not a major stationary source;
(D) does not emit 50 tons or more per year of any regulated
pollutant; and
(E) emits less than 75 tons per year of all regulated
pollutants.
(2) Upon petition by a source, the State may, after notice and
opportunity for public comment, include as a small business
stationary source for purposes of this section any stationary
source which does not meet the criteria of subparagraphs (!1) (C),
(D), or (E) of paragraph (1) but which does not emit more than 100
tons per year of all regulated pollutants.
(3)(A) The Administrator, in consultation with the Administrator
of the Small Business Administration and after providing notice and
opportunity for public comment, may exclude from the small business
stationary source definition under this section any category or
subcategory of sources that the Administrator determines to have
sufficient technical and financial capabilities to meet the
requirements of this chapter without the application of this
subsection.
(B) The State, in consultation with the Administrator and the
Administrator of the Small Business Administration and after
providing notice and opportunity for public hearing, may exclude
from the small business stationary source definition under this
section any category or subcategory of sources that the State
determines to have sufficient technical and financial capabilities
to meet the requirements of this chapter without the application of
this subsection.
(d) Monitoring
The Administrator shall direct the Agency's Office of Small and
Disadvantaged Business Utilization through the Small Business
Ombudsman (hereinafter in this section referred to as the
"Ombudsman") to monitor the small business stationary source
technical and environmental compliance assistance program under
this section. In carrying out such monitoring activities, the
Ombudsman shall -
(1) render advisory opinions on the overall effectiveness of
the Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, difficulties encountered, and
degree and severity of enforcement;
(2) make periodic reports to the Congress on the compliance of
the Small Business Stationary Source Technical and Environmental
Compliance Assistance Program with the requirements of the
Paperwork Reduction Act,(!2) the Regulatory Flexibility Act [5
U.S.C. 601 et seq.], and the Equal Access to Justice Act;
(3) review information to be issued by the Small Business
Stationary Source Technical and Environmental Compliance
Assistance Program for small business stationary sources to
ensure that the information is understandable by the layperson;
and
(4) have the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program serve as the
secretariat for the development and dissemination of such reports
and advisory opinions.
(e) Compliance Advisory Panel
(1) There shall be created a Compliance Advisory Panel
(hereinafter referred to as the "Panel") on the State level of not
less than 7 individuals. This Panel shall -
(A) render advisory opinions concerning the effectiveness of
the small business stationary source technical and environmental
compliance assistance program, difficulties encountered, and
degree and severity of enforcement;
(B) make periodic reports to the Administrator concerning the
compliance of the State Small Business Stationary Source
Technical and Environmental Compliance Assistance Program with
the requirements of the Paperwork Reduction Act,(!2) the
Regulatory Flexibility Act [5 U.S.C. 601 et seq.], and the Equal
Access to Justice Act;
(C) review information for small business stationary sources to
assure such information is understandable by the layperson; and
(D) have the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program serve as the
secretariat for the development and dissemination of such reports
and advisory opinions.
(2) The Panel shall consist of -
(A) 2 members, who are not owners, or representatives of
owners, of small business stationary sources, selected by the
Governor to represent the general public;
(B) 2 members selected by the State legislature who are owners,
or who represent owners, of small business stationary sources (1
member each by the majority and minority leadership of the lower
house, or in the case of a unicameral State legislature, 2
members each shall be selected by the majority leadership and the
minority leadership, respectively, of such legislature, and
subparagraph (C) shall not apply);
(C) 2 members selected by the State legislature who are owners,
or who represent owners, of small business stationary sources (1
member each by the majority and minority leadership of the upper
house, or the equivalent State entity); and
(D) 1 member selected by the head of the department or agency
of the State responsible for air pollution permit programs to
represent that agency.
(f) Fees
The State (or the Administrator) may reduce any fee required
under this chapter to take into account the financial resources of
small business stationary sources.
(g) Continuous emission monitors
In developing regulations and CTGs under this chapter that
contain continuous emission monitoring requirements, the
Administrator, consistent with the requirements of this chapter,
before applying such requirements to small business stationary
sources, shall consider the necessity and appropriateness of such
requirements for such sources. Nothing in this subsection shall
affect the applicability of subchapter IV-A of this chapter
provisions relating to continuous emissions monitoring.
(h) Control technique guidelines
The Administrator shall consider, consistent with the
requirements of this chapter, the size, type, and technical
capabilities of small business stationary sources (and sources
which are eligible under subsection (c)(2) of this section to be
treated as small business stationary sources) in developing CTGs
applicable to such sources under this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title V, Sec. 507, as added Pub. L. 101-
549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2645.)
-REFTEXT-
REFERENCES IN TEXT
The Small Business Act, referred to in subsec. (c)(1)(B), is Pub.
L. 85-536, Sec. 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is
classified generally to chapter 14A (Sec. 631 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 631 of Title 15
and Tables.
The Paperwork Reduction Act, referred to in subsecs. (d)(2) and
(e)(1)(B), probably means the Paperwork Reduction Act of 1980, Pub.
L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which was
classified principally to chapter 35 (Sec. 3501 et seq.) of Title
44, Public Printing and Documents, prior to the general amendment
of that chapter by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat.
163. For complete classification of this Act to the Code, see Short
Title of 1980 Amendment note set out under section 101 of Title 44
and Tables.
The Regulatory Flexibility Act, referred to in subsecs. (d)(2)
and (e)(1)(B), is Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164,
which is classified generally to chapter 6 (Sec. 601 et seq.) of
Title 5, Government Organization and Employees. For complete
classification of this Act to the Code, see Short Title note set
out under section 601 of Title 5 and Tables.
The Equal Access to Justice Act, referred to in subsecs. (d)(2)
and (e)(1)(B), is title II of Pub. L. 96-481, Oct. 21, 1980, 94
Stat. 2325. For complete classification of this Act to the Code,
see Short Title note set out under section 504 of Title 5.
-FOOTNOTE-
(!1) So in original. Probably should be "subparagraph".
(!2) See References in Text note below.
-End-
-CITE-
42 USC SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-End-
-CITE-
42 USC Sec. 7671 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671. Definitions
-STATUTE-
As used in this subchapter -
(1) Appliance
The term "appliance" means any device which contains and uses a
class I or class II substance as a refrigerant and which is used
for household or commercial purposes, including any air
conditioner, refrigerator, chiller, or freezer.
(2) Baseline year
The term "baseline year" means -
(A) the calendar year 1986, in the case of any class I
substance listed in Group I or II under section 7671a(a) of
this title,
(B) the calendar year 1989, in the case of any class I
substance listed in Group III, IV, or V under section 7671a(a)
of this title, and
(C) a representative calendar year selected by the
Administrator, in the case of -
(i) any substance added to the list of class I substances
after the publication of the initial list under section
7671a(a) of this title, and
(ii) any class II substance.
(3) Class I substance
The term "class I substance" means each of the substances
listed as provided in section 7671a(a) of this title.
(4) Class II substance
The term "class II substance" means each of the substances
listed as provided in section 7671a(b) of this title.
(5) Commissioner
The term "Commissioner" means the Commissioner of the Food and
Drug Administration.
(6) Consumption
The term "consumption" means, with respect to any substance,
the amount of that substance produced in the United States, plus
the amount imported, minus the amount exported to Parties to the
Montreal Protocol. Such term shall be construed in a manner
consistent with the Montreal Protocol.
(7) Import
The term "import" means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce into, any
place subject to the jurisdiction of the United States, whether
or not such landing, bringing, or introduction constitutes an
importation within the meaning of the customs laws of the United
States.
(8) Medical device
The term "medical device" means any device (as defined in the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), diagnostic
product, drug (as defined in the Federal Food, Drug, and Cosmetic
Act), and drug delivery system -
(A) if such device, product, drug, or drug delivery system
utilizes a class I or class II substance for which no safe and
effective alternative has been developed, and where necessary,
approved by the Commissioner; and
(B) if such device, product, drug, or drug delivery system,
has, after notice and opportunity for public comment, been
approved and determined to be essential by the Commissioner in
consultation with the Administrator.
(9) Montreal Protocol
The terms "Montreal Protocol" and "the Protocol" mean the
Montreal Protocol on Substances that Deplete the Ozone Layer, a
protocol to the Vienna Convention for the Protection of the Ozone
Layer, including adjustments adopted by Parties thereto and
amendments that have entered into force.
(10) Ozone-depletion potential
The term "ozone-depletion potential" means a factor established
by the Administrator to reflect the ozone-depletion potential of
a substance, on a mass per kilogram basis, as compared to
chlorofluorocarbon-11 (CFC-11). Such factor shall be based upon
the substance's atmospheric lifetime, the molecular weight of
bromine and chlorine, and the substance's ability to be
photolytically disassociated, and upon other factors determined
to be an accurate measure of relative ozone-depletion potential.
(11) Produce, produced, and production
The terms "produce", "produced", and "production", refer to the
manufacture of a substance from any raw material or feedstock
chemical, but such terms do not include -
(A) the manufacture of a substance that is used and entirely
consumed (except for trace quantities) in the manufacture of
other chemicals, or
(B) the reuse or recycling of a substance.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 601, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2649.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws of the United States, referred to in par. (7),
are classified generally to Title 19, Customs Duties.
The Federal Food, Drug, and Cosmetic Act, referred to in par.
(8), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
which is classified generally to chapter 9 (Sec. 301 et seq.) of
Title 21, Food and Drugs. For complete classification of this Act
to the Code, see section 301 of Title 21 and Tables.
-End-
-CITE-
42 USC Sec. 7671a 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671a. Listing of class I and class II substances
-STATUTE-
(a) List of class I substances
Within 60 days after November 15, 1990, the Administrator shall
publish an initial list of class I substances, which list shall
contain the following substances:
Group I
chlorofluorocarbon-11 (CFC-11)
chlorofluorocarbon-12 (CFC-12)
chlorofluorocarbon-113 (CFC-113)
chlorofluorocarbon-114 (CFC-114)
chlorofluorocarbon-115 (CFC-115)
Group II
halon-1211
halon-1301
halon-2402
Group III
chlorofluorocarbon-13 (CFC-13)
chlorofluorocarbon-111 (CFC-111)
chlorofluorocarbon-112 (CFC-112)
chlorofluorocarbon-211 (CFC-211)
chlorofluorocarbon-212 (CFC-212)
chlorofluorocarbon-213 (CFC-213)
chlorofluorocarbon-214 (CFC-214)
chlorofluorocarbon-215 (CFC-215)
chlorofluorocarbon-216 (CFC-216)
chlorofluorocarbon-217 (CFC-217)
Group IV
carbon tetrachloride
Group V
methyl chloroform
The initial list under this subsection shall also include the
isomers of the substances listed above, other than 1,1,2-
trichloroethane (an isomer of methyl chloroform). Pursuant to
subsection (c) of this section, the Administrator shall add to the
list of class I substances any other substance that the
Administrator finds causes or contributes significantly to harmful
effects on the stratospheric ozone layer. The Administrator shall,
pursuant to subsection (c) of this section, add to such list all
substances that the Administrator determines have an ozone
depletion potential of 0.2 or greater.
(b) List of class II substances
Simultaneously with publication of the initial list of class I
substances, the Administrator shall publish an initial list of
class II substances, which shall contain the following substances:
hydrochlorofluorocarbon-21 (HCFC-21)
hydrochlorofluorocarbon-22 (HCFC-22)
hydrochlorofluorocarbon-31 (HCFC-31)
hydrochlorofluorocarbon-121 (HCFC-121)
hydrochlorofluorocarbon-122 (HCFC-122)
hydrochlorofluorocarbon-123 (HCFC-123)
hydrochlorofluorocarbon-124 (HCFC-124)
hydrochlorofluorocarbon-131 (HCFC-131)
hydrochlorofluorocarbon-132 (HCFC-132)
hydrochlorofluorocarbon-133 (HCFC-133)
hydrochlorofluorocarbon-141 (HCFC-141)
hydrochlorofluorocarbon-142 (HCFC-142)
hydrochlorofluorocarbon-221 (HCFC-221)
hydrochlorofluorocarbon-222 (HCFC-222)
hydrochlorofluorocarbon-223 (HCFC-223)
hydrochlorofluorocarbon-224 (HCFC-224)
hydrochlorofluorocarbon-225 (HCFC-225)
hydrochlorofluorocarbon-226 (HCFC-226)
hydrochlorofluorocarbon-231 (HCFC-231)
hydrochlorofluorocarbon-232 (HCFC-232)
hydrochlorofluorocarbon-233 (HCFC-233)
hydrochlorofluorocarbon-234 (HCFC-234)
hydrochlorofluorocarbon-235 (HCFC-235)
hydrochlorofluorocarbon-241 (HCFC-241)
hydrochlorofluorocarbon-242 (HCFC-242)
hydrochlorofluorocarbon-243 (HCFC-243)
hydrochlorofluorocarbon-244 (HCFC-244)
hydrochlorofluorocarbon-251 (HCFC-251)
hydrochlorofluorocarbon-252 (HCFC-252)
hydrochlorofluorocarbon-253 (HCFC-253)
hydrochlorofluorocarbon-261 (HCFC-261)
hydrochlorofluorocarbon-262 (HCFC-262)
hydrochlorofluorocarbon-271 (HCFC-271)
The initial list under this subsection shall also include the
isomers of the substances listed above. Pursuant to subsection (c)
of this section, the Administrator shall add to the list of class
II substances any other substance that the Administrator finds is
known or may reasonably be anticipated to cause or contribute to
harmful effects on the stratospheric ozone layer.
(c) Additions to the lists
(1) The Administrator may add, by rule, in accordance with the
criteria set forth in subsection (a) or (b) of this section, as the
case may be, any substance to the list of class I or class II
substances under subsection (a) or (b) of this section. For
purposes of exchanges under section 7661f (!1) of this title,
whenever a substance is added to the list of class I substances the
Administrator shall, to the extent consistent with the Montreal
Protocol, assign such substance to existing Group I, II, III, IV,
or V or place such substance in a new Group.
(2) Periodically, but not less frequently than every 3 years
after November 15, 1990, the Administrator shall list, by rule, as
additional class I or class II substances those substances which
the Administrator finds meet the criteria of subsection (a) or (b)
of this section, as the case may be.
(3) At any time, any person may petition the Administrator to add
a substance to the list of class I or class II substances. Pursuant
to the criteria set forth in subsection (a) or (b) of this section
as the case may be, within 180 days after receiving such a
petition, the Administrator shall either propose to add the
substance to such list or publish an explanation of the petition
denial. In any case where the Administrator proposes to add a
substance to such list, the Administrator shall add, by rule, (or
make a final determination not to add) such substance to such list
within 1 year after receiving such petition. Any petition under
this paragraph shall include a showing by the petitioner that there
are data on the substance adequate to support the petition. If the
Administrator determines that information on the substance is not
sufficient to make a determination under this paragraph, the
Administrator shall use any authority available to the
Administrator, under any law administered by the Administrator, to
acquire such information.
(4) Only a class II substance which is added to the list of class
I substances may be removed from the list of class II substances.
No substance referred to in subsection (a) of this section,
including methyl chloroform, may be removed from the list of class
I substances.
(d) New listed substances
In the case of any substance added to the list of class I or
class II substances after publication of the initial list of such
substances under this section, the Administrator may extend any
schedule or compliance deadline contained in section 7671c or 7671d
of this title to a later date than specified in such sections if
such schedule or deadline is unattainable, considering when such
substance is added to the list. No extension under this subsection
may extend the date for termination of production of any class I
substance to a date more than 7 years after January 1 of the year
after the year in which the substance is added to the list of class
I substances. No extension under this subsection may extend the
date for termination of production of any class II substance to a
date more than 10 years after January 1 of the year after the year
in which the substance is added to the list of class II substances.
(e) Ozone-depletion and global warming potential
Simultaneously with publication of the lists under this section
and simultaneously with any addition to either of such lists, the
Administrator shall assign to each listed substance a numerical
value representing the substance's ozone-depletion potential. In
addition, the Administrator shall publish the chlorine and bromine
loading potential and the atmospheric lifetime of each listed
substance. One year after November 15, 1990 (one year after the
addition of a substance to either of such lists in the case of a
substance added after the publication of the initial lists of such
substances), and after notice and opportunity for public comment,
the Administrator shall publish the global warming potential of
each listed substance. The preceding sentence shall not be
construed to be the basis of any additional regulation under this
chapter. In the case of the substances referred to in table 1, the
ozone-depletion potential shall be as specified in table 1, unless
the Administrator adjusts the substance's ozone-depletion potential
based on criteria referred to in section 7671(10) of this title:
TABLE 1
--------------------------------------------------------------------
Substance Ozone-
depl
etion
pote
ntial
--------------------------------------------------------------------
chlorofluorocarbon-11 (CFC-11) 1.0
chlorofluorocarbon-12 (CFC-12) 1.0
chlorofluorocarbon-13 (CFC-13) 1.0
chlorofluorocarbon-111 (CFC-111) 1.0
chlorofluorocarbon-112 (CFC-112) 1.0
chlorofluorocarbon-113 (CFC-113) 0.8
chlorofluorocarbon-114 (CFC-114) 1.0
chlorofluorocarbon-115 (CFC-115) 0.6
chlorofluorocarbon-211 (CFC-211) 1.0
chlorofluorocarbon-212 (CFC-212) 1.0
chlorofluorocarbon-213 (CFC-213) 1.0
chlorofluorocarbon-214 (CFC-214) 1.0
chlorofluorocarbon-215 (CFC-215) 1.0
chlorofluorocarbon-216 (CFC-216) 1.0
chlorofluorocarbon-217 (CFC-217) 1.0
halon-1211 3.0
halon-1301 10.0
halon-2402 6.0
carbon tetrachloride 1.1
methyl chloroform 0.1
hydrochlorofluorocarbon-22 (HCFC-22) 0.05
hydrochlorofluorocarbon-123 (HCFC-123) 0.02
hydrochlorofluorocarbon-124 (HCFC-124) 0.02
hydrochlorofluorocarbon-141(b) (HCFC-141(b)) 0.1
hydrochlorofluorocarbon-142(b) (HCFC-142(b)) 0.06
--------------------------------------------------------------------
Where the ozone-depletion potential of a substance is specified in
the Montreal Protocol, the ozone-depletion potential specified for
that substance under this section shall be consistent with the
Montreal Protocol.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 602, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2650.)
-FOOTNOTE-
(!1) So in original. Probably should be section "7671f".
-End-
-CITE-
42 USC Sec. 7671b 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671b. Monitoring and reporting requirements
-STATUTE-
(a) Regulations
Within 270 days after November 15, 1990, the Administrator shall
amend the regulations of the Administrator in effect on such date
regarding monitoring and reporting of class I and class II
substances. Such amendments shall conform to the requirements of
this section. The amended regulations shall include requirements
with respect to the time and manner of monitoring and reporting as
required under this section.
(b) Production, import, and export level reports
On a quarterly basis, or such other basis (not less than
annually) as determined by the Administrator, each person who
produced, imported, or exported a class I or class II substance
shall file a report with the Administrator setting forth the amount
of the substance that such person produced, imported, and exported
during the preceding reporting period. Each such report shall be
signed and attested by a responsible officer. No such report shall
be required from a person after April 1 of the calendar year after
such person permanently ceases production, importation, and
exportation of the substance and so notifies the Administrator in
writing.
(c) Baseline reports for class I substances
Unless such information has previously been reported to the
Administrator, on the date on which the first report under
subsection (b) of this section is required to be filed, each person
who produced, imported, or exported a class I substance (other than
a substance added to the list of class I substances after the
publication of the initial list of such substances under this
section) shall file a report with the Administrator setting forth
the amount of such substance that such person produced, imported,
and exported during the baseline year. In the case of a substance
added to the list of class I substances after publication of the
initial list of such substances under this section, the regulations
shall require that each person who produced, imported, or exported
such substance shall file a report with the Administrator within
180 days after the date on which such substance is added to the
list, setting forth the amount of the substance that such person
produced, imported, and exported in the baseline year.
(d) Monitoring and reports to Congress
(1) The Administrator shall monitor and, not less often than
every 3 years following November 15, 1990, submit a report to
Congress on the production, use and consumption of class I and
class II substances. Such report shall include data on domestic
production, use and consumption, and an estimate of worldwide
production, use and consumption of such substances. Not less
frequently than every 6 years the Administrator shall report to
Congress on the environmental and economic effects of any
stratospheric ozone depletion.
(2) The Administrators of the National Aeronautics and Space
Administration and the National Oceanic and Atmospheric
Administration shall monitor, and not less often than every 3 years
following November 15, 1990, submit a report to Congress on the
current average tropospheric concentration of chlorine and bromine
and on the level of stratospheric ozone depletion. Such reports
shall include updated projections of -
(A) peak chlorine loading;
(B) the rate at which the atmospheric abundance of chlorine is
projected to decrease after the year 2000; and
(C) the date by which the atmospheric abundance of chlorine is
projected to return to a level of two parts per billion.
Such updated projections shall be made on the basis of current
international and domestic controls on substances covered by this
subchapter as well as on the basis of such controls supplemented by
a year 2000 global phase out of all halocarbon emissions (the base
case). It is the purpose of the Congress through the provisions of
this section to monitor closely the production and consumption of
class II substances to assure that the production and consumption
of such substances will not:
(i) increase significantly the peak chlorine loading that is
projected to occur under the base case established for purposes
of this section;
(ii) reduce significantly the rate at which the atmospheric
abundance of chlorine is projected to decrease under the base
case; or
(iii) delay the date by which the average atmospheric
concentration of chlorine is projected under the base case to
return to a level of two parts per billion.
(e) Technology status report in 2015
The Administrator shall review, on a periodic basis, the progress
being made in the development of alternative systems or products
necessary to manufacture and operate appliances without class II
substances. If the Administrator finds, after notice and
opportunity for public comment, that as a result of technological
development problems, the development of such alternative systems
or products will not occur within the time necessary to provide for
the manufacture of such equipment without such substances prior to
the applicable deadlines under section 7671d of this title, the
Administrator shall, not later than January 1, 2015, so inform the
Congress.
(f) Emergency report
If, in consultation with the Administrators of the National
Aeronautics and Space Administration and the National Oceanic and
Atmospheric Administration, and after notice and opportunity for
public comment, the Administrator determines that the global
production, consumption, and use of class II substances are
projected to contribute to an atmospheric chlorine loading in
excess of the base case projections by more than 5/10 ths parts
per billion, the Administrator shall so inform the Congress
immediately. The determination referred to in the preceding
sentence shall be based on the monitoring under subsection (d) of
this section and updated not less often than every 3 years.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 603, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2653.)
-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(d)(1) of this section relating to submittal of triennial report to
Congress, 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 12th item on page 162 of House Document No. 103-7.
METHANE STUDIES
Section 603 of Pub. L. 101-549 provided that:
"(a) Economically Justified Actions. - Not later than 2 years
after enactment of this Act [Nov. 15, 1990], the Administrator
shall prepare and submit a report to the Congress that identifies
activities, substances, processes, or combinations thereof that
could reduce methane emissions and that are economically and
technologically justified with and without consideration of
environmental benefit.
"(b) Domestic Methane Source Inventory and Control. - Not later
than 2 years after the enactment of this Act [Nov. 15, 1990], the
Administrator, in consultation and coordination with the Secretary
of Energy and the Secretary of Agriculture, shall prepare and
submit to the Congress reports on each of the following:
"(1) Methane emissions associated with natural gas extraction,
transportation, distribution, storage, and use. Such report shall
include an inventory of methane emissions associated with such
activities within the United States. Such emissions include, but
are not limited to, accidental and intentional releases from
natural gas and oil wells, pipelines, processing facilities, and
gas burners. The report shall also include an inventory of
methane generation with such activities.
"(2) Methane emissions associated with coal extraction,
transportation, distribution, storage, and use. Such report shall
include an inventory of methane emissions associated with such
activities within the United States. Such emissions include, but
are not limited to, accidental and intentional releases from
mining shafts, degasification wells, gas recovery wells and
equipment, and from the processing and use of coal. The report
shall also include an inventory of methane generation with such
activities.
"(3) Methane emissions associated with management of solid
waste. Such report shall include an inventory of methane
emissions associated with all forms of waste management in the
United States, including storage, treatment, and disposal.
"(4) Methane emissions associated with agriculture. Such report
shall include an inventory of methane emissions associated with
rice and livestock production in the United States.
"(5) Methane emissions associated with biomass burning. Such
report shall include an inventory of methane emissions associated
with the intentional burning of agricultural wastes, wood,
grasslands, and forests.
"(6) Other methane emissions associated with human activities.
Such report shall identify and inventory other domestic sources
of methane emissions that are deemed by the Administrator and
other such agencies to be significant.
"(c) International Studies. -
"(1) Methane emissions. - Not later than 2 years after the
enactment of this Act [Nov. 15, 1990], the Administrator shall
prepare and submit to the Congress a report on methane emissions
from countries other than the United States. Such report shall
include inventories of methane emissions associated with the
activities listed in subsection (b).
"(2) Preventing increases in methane concentrations. - Not
later than 2 years after the enactment of this Act [Nov. 15,
1990], the Administrator shall prepare and submit to the Congress
a report that analyzes the potential for preventing an increase
in atmospheric concentrations of methane from activities and
sources in other countries. Such report shall identify and
evaluate the technical options for reducing methane emission from
each of the activities listed in subsection (b), as well as other
activities or sources that are deemed by the Administrator in
consultation with other relevant Federal agencies and departments
to be significant and shall include an evaluation of costs. The
report shall identify the emissions reductions that would need to
be achieved to prevent increasing atmospheric concentrations of
methane. The report shall also identify technology transfer
programs that could promote methane emissions reductions in
lesser developed countries.
"(d) Natural Sources. - Not later than 2 years after the
enactment of this Act [Nov. 15, 1990], the Administrator shall
prepare and submit to the Congress a report on -
"(1) methane emissions from biogenic sources such as (A)
tropical, temperate, and subarctic forests, (B) tundra, and (C)
freshwater and saltwater wetlands; and
"(2) the changes in methane emissions from biogenic sources
that may occur as a result of potential increases in temperatures
and atmospheric concentrations of carbon dioxide.
"(e) Study of Measures To Limit Growth in Methane Concentrations.
- Not later than 2 years after the completion of the studies in
subsections (b), (c), and (d), the Administrator shall prepare and
submit to the Congress a report that presents options outlining
measures that could be implemented to stop or reduce the growth in
atmospheric concentrations of methane from sources within the
United States referred to in paragraphs (1) through (6) of
subsection (b). This study shall identify and evaluate the
technical options for reducing methane emissions from each of the
activities listed in subsection (b), as well as other activities or
sources deemed by such agencies to be significant, and shall
include an evaluation of costs, technology, safety, energy, and
other factors. The study shall be based on the other studies under
this section. The study shall also identify programs of the United
States and international lending agencies that could be used to
induce lesser developed countries to undertake measures that will
reduce methane emissions and the resource needs of such programs.
"(f) Information Gathering. - In carrying out the studies under
this section, the provisions and requirements of section 114 of the
Clean Air Act [42 U.S.C. 7414] shall be available for purposes of
obtaining information to carry out such studies.
"(g) Consultation and Coordination. - In preparing the studies
under this section the Administrator shall consult and coordinate
with the Secretary of Energy, the Administrators of the National
Aeronautics and Space Administration and the National Oceanic and
Atmospheric Administration, and the heads of other relevant Federal
agencies and departments. In the case of the studies under
subsections (a), (b), and (e), such consultation and coordination
shall include the Secretary of Agriculture."
-End-
-CITE-
42 USC Sec. 7671c 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671c. Phase-out of production and consumption of class I
substances
-STATUTE-
(a) Production phase-out
Effective on January 1 of each year specified in Table 2, it
shall be unlawful for any person to produce any class I substance
in an annual quantity greater than the relevant percentage
specified in Table 2. The percentages in Table 2 refer to a maximum
allowable production as a percentage of the quantity of the
substance produced by the person concerned in the baseline year.
TABLE 2
--------------------------------------------------------------------
Date Carbon Methyl Other class I
tetrachloride chloroform substances
--------------------------------------------------------------------
1991 100% 100% 85%
1992 90% 100% 80%
1993 80% 90% 75%
1994 70% 85% 65%
1995 15% 70% 50%
1996 15% 50% 40%
1997 15% 50% 15%
1998 15% 50% 15%
1999 15% 50% 15%
2000 20%
2001 20%
--------------------------------------------------------------------
(b) Termination of production of class I substances
Effective January 1, 2000 (January 1, 2002 in the case of methyl
chloroform), it shall be unlawful for any person to produce any
amount of a class I substance.
(c) Regulations regarding production and consumption of class I
substances
The Administrator shall promulgate regulations within 10 months
after November 15, 1990, phasing out the production of class I
substances in accordance with this section and other applicable
provisions of this subchapter. The Administrator shall also
promulgate regulations to insure that the consumption of class I
substances in the United States is phased out and terminated in
accordance with the same schedule (subject to the same exceptions
and other provisions) as is applicable to the phase-out and
termination of production of class I substances under this
subchapter.
(d) Exceptions for essential uses of methyl chloroform, medical
devices, and aviation safety
(1) Essential uses of methyl chloroform
Notwithstanding the termination of production required by
subsection (b) of this section, during the period beginning on
January 1, 2002, and ending on January 1, 2005, the
Administrator, after notice and opportunity for public comment,
may, to the extent such action is consistent with the Montreal
Protocol, authorize the production of limited quantities of
methyl chloroform solely for use in essential applications (such
as nondestructive testing for metal fatigue and corrosion of
existing airplane engines and airplane parts susceptible to metal
fatigue) for which no safe and effective substitute is available.
Notwithstanding this paragraph, the authority to produce methyl
chloroform for use in medical devices shall be provided in
accordance with paragraph (2).
(2) Medical devices
Notwithstanding the termination of production required by
subsection (b) of this section, the Administrator, after notice
and opportunity for public comment, shall, to the extent such
action is consistent with the Montreal Protocol, authorize the
production of limited quantities of class I substances solely for
use in medical devices if such authorization is determined by the
Commissioner, in consultation with the Administrator, to be
necessary for use in medical devices.
(3) Aviation safety
(A) Notwithstanding the termination of production required by
subsection (b) of this section, the Administrator, after notice
and opportunity for public comment, may, to the extent such
action is consistent with the Montreal Protocol, authorize the
production of limited quantities of halon-1211
(bromochlorodifluoromethane), halon-1301 (bromotrifluoromethane),
and halon-2402 (dibromotetrafluoroethane) solely for purposes of
aviation safety if the Administrator of the Federal Aviation
Administration, in consultation with the Administrator,
determines that no safe and effective substitute has been
developed and that such authorization is necessary for aviation
safety purposes.
(B) The Administrator of the Federal Aviation Administration
shall, in consultation with the Administrator, examine whether
safe and effective substitutes for methyl chloroform or
alternative techniques will be available for nondestructive
testing for metal fatigue and corrosion of existing airplane
engines and airplane parts susceptible to metal fatigue and
whether an exception for such uses of methyl chloroform under
this paragraph will be necessary for purposes of airline safety
after January 1, 2005 and provide a report to Congress in 1998.
(4) Cap on certain exceptions
Under no circumstances may the authority set forth in
paragraphs (1), (2), and (3) of subsection (d) of this section be
applied to authorize any person to produce a class I substance in
annual quantities greater than 10 percent of that produced by
such person during the baseline year.
(5) Sanitation and food protection
To the extent consistent with the Montreal Protocol's
quarantine and preshipment provisions, the Administrator shall
exempt the production, importation, and consumption of methyl
bromide to fumigate commodities entering or leaving the United
States or any State (or political subdivision thereof) for
purposes of compliance with Animal and Plant Health Inspection
Service requirements or with any international, Federal, State,
or local sanitation or food protection standard.
(6) Critical uses
To the extent consistent with the Montreal Protocol, the
Administrator, after notice and the opportunity for public
comment, and after consultation with other departments or
instrumentalities of the Federal Government having regulatory
authority related to methyl bromide, including the Secretary of
Agriculture, may exempt the production, importation, and
consumption of methyl bromide for critical uses.
(e) Developing countries
(1) Exception
Notwithstanding the phase-out and termination of production
required under subsections (a) and (b) of this section, the
Administrator, after notice and opportunity for public comment,
may, consistent with the Montreal Protocol, authorize the
production of limited quantities of a class I substance in excess
of the amounts otherwise allowable under subsection (a) or (b) of
this section, or both, solely for export to, and use in,
developing countries that are Parties to the Montreal Protocol
and are operating under article 5 of such Protocol. Any
production authorized under this paragraph shall be solely for
purposes of satisfying the basic domestic needs of such
countries.
(2) Cap on exception
(A) Under no circumstances may the authority set forth in
paragraph (1) be applied to authorize any person to produce a
class I substance in any year for which a production percentage
is specified in Table 2 of subsection (a) of this section in an
annual quantity greater than the specified percentage, plus an
amount equal to 10 percent of the amount produced by such person
in the baseline year.
(B) Under no circumstances may the authority set forth in
paragraph (1) be applied to authorize any person to produce a
class I substance in the applicable termination year referred to
in subsection (b) of this section, or in any year thereafter, in
an annual quantity greater than 15 percent of the baseline
quantity of such substance produced by such person.
(C) An exception authorized under this subsection shall
terminate no later than January 1, 2010 (2012 in the case of
methyl chloroform).
(3) Methyl bromide
Notwithstanding the phaseout and termination of production of
methyl bromide pursuant to subsection (h) of this section, the
Administrator may, consistent with the Montreal Protocol,
authorize the production of limited quantities of methyl bromide,
solely for use in developing countries that are Parties to the
Copenhagen Amendments to the Montreal Protocol.
(f) National security
The President may, to the extent such action is consistent with
the Montreal Protocol, issue such orders regarding production and
use of CFC-114 (chlorofluorocarbon-114), halon-1211, halon-1301,
and halon-2402, at any specified site or facility or on any vessel
as may be necessary to protect the national security interests of
the United States if the President finds that adequate substitutes
are not available and that the production and use of such substance
are necessary to protect such national security interest. Such
orders may include, where necessary to protect such interests, an
exemption from any prohibition or requirement contained in this
subchapter. The President shall notify the Congress within 30 days
of the issuance of an order under this paragraph providing for any
such exemption. Such notification shall include a statement of the
reasons for the granting of the exemption. An exemption under this
paragraph shall be for a specified period which may not exceed one
year. Additional exemptions may be granted, each upon the
President's issuance of a new order under this paragraph. Each such
additional exemption shall be for a specified period which may not
exceed one year. No exemption shall be granted under this paragraph
due to lack of appropriation unless the President shall have
specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation.
(g) Fire suppression and explosion prevention
(1) Notwithstanding the production phase-out set forth in
subsection (a) of this section, the Administrator, after notice and
opportunity for public comment, may, to the extent such action is
consistent with the Montreal Protocol, authorize the production of
limited quantities of halon-1211, halon-1301, and halon-2402 in
excess of the amount otherwise permitted pursuant to the schedule
under subsection (a) of this section solely for purposes of fire
suppression or explosion prevention if the Administrator, in
consultation with the Administrator of the United States Fire
Administration, determines that no safe and effective substitute
has been developed and that such authorization is necessary for
fire suppression or explosion prevention purposes. The
Administrator shall not authorize production under this paragraph
for purposes of fire safety or explosion prevention training or
testing of fire suppression or explosion prevention equipment. In
no event shall the Administrator grant an exception under this
paragraph that permits production after December 31, 1999.
(2) The Administrator shall periodically monitor and assess the
status of efforts to obtain substitutes for the substances referred
to in paragraph (1) for purposes of fire suppression or explosion
prevention and the probability of such substitutes being available
by December 31, 1999. The Administrator, as part of such
assessment, shall consider any relevant assessments under the
Montreal Protocol and the actions of the Parties pursuant to
Article 2B of the Montreal Protocol in identifying essential uses
and in permitting a level of production or consumption that is
necessary to satisfy such uses for which no adequate alternatives
are available after December 31, 1999. The Administrator shall
report to Congress the results of such assessment in 1994 and again
in 1998.
(3) Notwithstanding the termination of production set forth in
subsection (b) of this section, the Administrator, after notice and
opportunity for public comment, may, to the extent consistent with
the Montreal Protocol, authorize the production of limited
quantities of halon-1211, halon-1301, and halon-2402 in the period
after December 31, 1999, and before December 31, 2004, solely for
purposes of fire suppression or explosion prevention in association
with domestic production of crude oil and natural gas energy
supplies on the North Slope of Alaska, if the Administrator, in
consultation with the Administrator of the United States Fire
Administration, determines that no safe and effective substitute
has been developed and that such authorization is necessary for
fire suppression and explosion prevention purposes. The
Administrator shall not authorize production under the paragraph
for purposes of fire safety or explosion prevention training or
testing of fire suppression or explosion prevention equipment. In
no event shall the Administrator authorize under this paragraph any
person to produce any such halon in an amount greater than 3
percent of that produced by such person during the baseline year.
(h) Methyl bromide
Notwithstanding subsections (b) and (d) of this section, the
Administrator shall not terminate production of methyl bromide
prior to January 1, 2005. The Administrator shall promulgate rules
for reductions in, and terminate the production, importation, and
consumption of, methyl bromide under a schedule that is in
accordance with, but not more stringent than, the phaseout schedule
of the Montreal Protocol Treaty as in effect on October 21, 1998.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 604, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2655; amended
Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 764], Oct.
21, 1998, 112 Stat. 2681, 2681-36.)
-MISC1-
AMENDMENTS
1998 - Subsec. (d)(5), (6). Pub. L. 105-277, Sec. 101(a) [title
VII, Sec. 764(b)], added pars. (5) and (6).
Subsec. (e)(3). Pub. L. 105-277, Sec. 101(a) [title VII, Sec.
764(c)], added par. (3).
Subsec. (h). Pub. L. 105-277, Sec. 101(a) [title VII, Sec.
764(a)], added subsec. (h).
-End-
-CITE-
42 USC Sec. 7671d 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671d. Phase-out of production and consumption of class II
substances
-STATUTE-
(a) Restriction of use of class II substances
Effective January 1, 2015, it shall be unlawful for any person to
introduce into interstate commerce or use any class II substance
unless such substance -
(1) has been used, recovered, and recycled;
(2) is used and entirely consumed (except for trace quantities)
in the production of other chemicals; or
(3) is used as a refrigerant in appliances manufactured prior
to January 1, 2020.
As used in this subsection, the term "refrigerant" means any class
II substance used for heat transfer in a refrigerating system.
(b) Production phase-out
(1) Effective January 1, 2015, it shall be unlawful for any
person to produce any class II substance in an annual quantity
greater than the quantity of such substance produced by such person
during the baseline year.
(2) Effective January 1, 2030, it shall be unlawful for any
person to produce any class II substance.
(c) Regulations regarding production and consumption of class II
substances
By December 31, 1999, the Administrator shall promulgate
regulations phasing out the production, and restricting the use, of
class II substances in accordance with this section, subject to any
acceleration of the phase-out of production under section 7671e of
this title. The Administrator shall also promulgate regulations to
insure that the consumption of class II substances in the United
States is phased out and terminated in accordance with the same
schedule (subject to the same exceptions and other provisions) as
is applicable to the phase-out and termination of production of
class II substances under this subchapter.
(d) Exceptions
(1) Medical devices
(A) In general
Notwithstanding the termination of production required under
subsection (b)(2) of this section and the restriction on use
referred to in subsection (a) of this section, the
Administrator, after notice and opportunity for public comment,
shall, to the extent such action is consistent with the
Montreal Protocol, authorize the production and use of limited
quantities of class II substances solely for purposes of use in
medical devices if such authorization is determined by the
Commissioner, in consultation with the Administrator, to be
necessary for use in medical devices.
(B) Cap on exception
Under no circumstances may the authority set forth in
subparagraph (A) be applied to authorize any person to produce
a class II substance in annual quantities greater than 10
percent of that produced by such person during the baseline
year.
(2) Developing countries
(A) In general
Notwithstanding the provisions of subsection (a) or (b) of
this section, the Administrator, after notice and opportunity
for public comment, may authorize the production of limited
quantities of a class II substance in excess of the quantities
otherwise permitted under such provisions solely for export to
and use in developing countries that are Parties to the
Montreal Protocol, as determined by the Administrator. Any
production authorized under this subsection shall be solely for
purposes of satisfying the basic domestic needs of such
countries.
(B) Cap on exception
(i) Under no circumstances may the authority set forth in
subparagraph (A) be applied to authorize any person to produce
a class II substance in any year following the effective date
of subsection (b)(1) of this section and before the year 2030
in annual quantities greater than 110 percent of the quantity
of such substance produced by such person during the baseline
year.
(ii) Under no circumstances may the authority set forth in
subparagraph (A) be applied to authorize any person to produce
a class II substance in the year 2030, or any year thereafter,
in an annual quantity greater than 15 percent of the quantity
of such substance produced by such person during the baseline
year.
(iii) Each exception authorized under this paragraph shall
terminate no later than January 1, 2040.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 605, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2658.)
-End-
-CITE-
42 USC Sec. 7671e 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671e. Accelerated schedule
-STATUTE-
(a) In general
The Administrator shall promulgate regulations, after notice and
opportunity for public comment, which establish a schedule for
phasing out the production and consumption of class I and class II
substances (or use of class II substances) that is more stringent
than set forth in section 7671c or 7671d of this title, or both, if
-
(1) based on an assessment of credible current scientific
information (including any assessment under the Montreal
Protocol) regarding harmful effects on the stratospheric ozone
layer associated with a class I or class II substance, the
Administrator determines that such more stringent schedule may be
necessary to protect human health and the environment against
such effects,
(2) based on the availability of substitutes for listed
substances, the Administrator determines that such more stringent
schedule is practicable, taking into account technological
achievability, safety, and other relevant factors, or
(3) the Montreal Protocol is modified to include a schedule to
control or reduce production, consumption, or use of any
substance more rapidly than the applicable schedule under this
subchapter.
In making any determination under paragraphs (1) and (2), the
Administrator shall consider the status of the period remaining
under the applicable schedule under this subchapter.
(b) Petition
Any person may petition the Administrator to promulgate
regulations under this section. The Administrator shall grant or
deny the petition within 180 days after receipt of any such
petition. If the Administrator denies the petition, the
Administrator shall publish an explanation of why the petition was
denied. If the Administrator grants such petition, such final
regulations shall be promulgated within 1 year. Any petition under
this subsection shall include a showing by the petitioner that
there are data adequate to support the petition. If the
Administrator determines that information is not sufficient to make
a determination under this subsection, the Administrator shall use
any authority available to the Administrator, under any law
administered by the Administrator, to acquire such information.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 606, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2660.)
-End-
-CITE-
42 USC Sec. 7671f 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671f. Exchange authority
-STATUTE-
(a) Transfers
The Administrator shall, within 10 months after November 15,
1990, promulgate rules under this subchapter providing for the
issuance of allowances for the production of class I and II
substances in accordance with the requirements of this subchapter
and governing the transfer of such allowances. Such rules shall
insure that the transactions under the authority of this section
will result in greater total reductions in the production in each
year of class I and class II substances than would occur in that
year in the absence of such transactions.
(b) Interpollutant transfers
(1) The rules under this section shall permit a production
allowance for a substance for any year to be transferred for a
production allowance for another substance for the same year on an
ozone depletion weighted basis.
(2) Allowances for substances in each group of class I substances
(as listed pursuant to section 7671a of this title) may only be
transferred for allowances for other substances in the same Group.
(3) The Administrator shall, as appropriate, establish groups of
class II substances for trading purposes and assign class II
substances to such groups. In the case of class II substances,
allowances may only be transferred for allowances for other class
II substances that are in the same Group.
(c) Trades with other persons
The rules under this section shall permit 2 or more persons to
transfer production allowances (including interpollutant transfers
which meet the requirements of subsections (a) and (b) of this
section) if the transferor of such allowances will be subject,
under such rules, to an enforceable and quantifiable reduction in
annual production which -
(1) exceeds the reduction otherwise applicable to the
transferor under this subchapter,
(2) exceeds the production allowances transferred to the
transferee, and
(3) would not have occurred in the absence of such transaction.
(d) Consumption
The rules under this section shall also provide for the issuance
of consumption allowances in accordance with the requirements of
this subchapter and for the trading of such allowances in the same
manner as is applicable under this section to the trading of
production allowances under this section.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 607, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2660.)
-End-
-CITE-
42 USC Sec. 7671g 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671g. National recycling and emission reduction program
-STATUTE-
(a) In general
(1) The Administrator shall, by not later than January 1, 1992,
promulgate regulations establishing standards and requirements
regarding the use and disposal of class I substances during the
service, repair, or disposal of appliances and industrial process
refrigeration. Such standards and requirements shall become
effective not later than July 1, 1992.
(2) The Administrator shall, within 4 years after November 15,
1990, promulgate regulations establishing standards and
requirements regarding use and disposal of class I and II
substances not covered by paragraph (1), including the use and
disposal of class II substances during service, repair, or disposal
of appliances and industrial process refrigeration. Such standards
and requirements shall become effective not later than 12 months
after promulgation of the regulations.
(3) The regulations under this subsection shall include
requirements that -
(A) reduce the use and emission of such substances to the
lowest achievable level, and
(B) maximize the recapture and recycling of such substances.
Such regulations may include requirements to use alternative
substances (including substances which are not class I or class II
substances) or to minimize use of class I or class II substances,
or to promote the use of safe alternatives pursuant to section
7671k of this title or any combination of the foregoing.
(b) Safe disposal
The regulations under subsection (a) of this section shall
establish standards and requirements for the safe disposal of class
I and II substances. Such regulations shall include each of the
following -
(1) Requirements that class I or class II substances contained
in bulk in appliances, machines or other goods shall be removed
from each such appliance, machine or other good prior to the
disposal of such items or their delivery for recycling.
(2) Requirements that any appliance, machine or other good
containing a class I or class II substance in bulk shall not be
manufactured, sold, or distributed in interstate commerce or
offered for sale or distribution in interstate commerce unless it
is equipped with a servicing aperture or an equally effective
design feature which will facilitate the recapture of such
substance during service and repair or disposal of such item.
(3) Requirements that any product in which a class I or class
II substance is incorporated so as to constitute an inherent
element of such product shall be disposed of in a manner that
reduces, to the maximum extent practicable, the release of such
substance into the environment. If the Administrator determines
that the application of this paragraph to any product would
result in producing only insignificant environmental benefits,
the Administrator shall include in such regulations an exception
for such product.
(c) Prohibitions
(1) Effective July 1, 1992, it shall be unlawful for any person,
in the course of maintaining, servicing, repairing, or disposing of
an appliance or industrial process refrigeration, to knowingly vent
or otherwise knowingly release or dispose of any class I or class
II substance used as a refrigerant in such appliance (or industrial
process refrigeration) in a manner which permits such substance to
enter the environment. De minimis releases associated with good
faith attempts to recapture and recycle or safely dispose of any
such substance shall not be subject to the prohibition set forth in
the preceding sentence.
(2) Effective 5 years after November 15, 1990, paragraph (1)
shall also apply to the venting, release, or disposal of any
substitute substance for a class I or class II substance by any
person maintaining, servicing, repairing, or disposing of an
appliance or industrial process refrigeration which contains and
uses as a refrigerant any such substance, unless the Administrator
determines that venting, releasing, or disposing of such substance
does not pose a threat to the environment. For purposes of this
paragraph, the term "appliance" includes any device which contains
and uses as a refrigerant a substitute substance and which is used
for household or commercial purposes, including any air
conditioner, refrigerator, chiller, or freezer.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 608, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2661.)
-End-
-CITE-
42 USC Sec. 7671h 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671h. Servicing of motor vehicle air conditioners
-STATUTE-
(a) Regulations
Within 1 year after November 15, 1990, the Administrator shall
promulgate regulations in accordance with this section establishing
standards and requirements regarding the servicing of motor vehicle
air conditioners.
(b) Definitions
As used in this section -
(1) The term "refrigerant" means any class I or class II
substance used in a motor vehicle air conditioner. Effective 5
years after November 15, 1990, the term "refrigerant" shall also
include any substitute substance.
(2)(A) The term "approved refrigerant recycling equipment"
means equipment certified by the Administrator (or an independent
standards testing organization approved by the Administrator) to
meet the standards established by the Administrator and
applicable to equipment for the extraction and reclamation of
refrigerant from motor vehicle air conditioners. Such standards
shall, at a minimum, be at least as stringent as the standards of
the Society of Automotive Engineers in effect as of November 15,
1990, and applicable to such equipment (SAE standard J-1990).
(B) Equipment purchased before the proposal of regulations
under this section shall be considered certified if it is
substantially identical to equipment certified as provided in
subparagraph (A).
(3) The term "properly using" means, with respect to approved
refrigerant recycling equipment, using such equipment in
conformity with standards established by the Administrator and
applicable to the use of such equipment. Such standards shall, at
a minimum, be at least as stringent as the standards of the
Society of Automotive Engineers in effect as of November 15,
1990, and applicable to the use of such equipment (SAE standard J-
1989).
(4) The term "properly trained and certified" means training
and certification in the proper use of approved refrigerant
recycling equipment for motor vehicle air conditioners in
conformity with standards established by the Administrator and
applicable to the performance of service on motor vehicle air
conditioners. Such standards shall, at a minimum, be at least as
stringent as specified, as of November 15, 1990, in SAE standard
J-1989 under the certification program of the National Institute
for Automotive Service Excellence (ASE) or under a similar
program such as the training and certification program of the
Mobile Air Conditioning Society (MACS).
(c) Servicing motor vehicle air conditioners
Effective January 1, 1992, no person repairing or servicing motor
vehicles for consideration may perform any service on a motor
vehicle air conditioner involving the refrigerant for such air
conditioner without properly using approved refrigerant recycling
equipment and no such person may perform such service unless such
person has been properly trained and certified. The requirements of
the previous sentence shall not apply until January 1, 1993 in the
case of a person repairing or servicing motor vehicles for
consideration at an entity which performed service on fewer than
100 motor vehicle air conditioners during calendar year 1990 and if
such person so certifies, pursuant to subsection (d)(2) of this
section, to the Administrator by Janu- ary 1, 1992.
(d) Certification
(1) Effective 2 years after November 15, 1990, each person
performing service on motor vehicle air conditioners for
consideration shall certify to the Administrator either -
(A) that such person has acquired, and is properly using,
approved refrigerant recycling equipment in service on motor
vehicle air conditioners involving refrigerant and that each
individual authorized by such person to perform such service is
properly trained and certified; or
(B) that such person is performing such service at an entity
which serviced fewer than 100 motor vehicle air conditioners in
1991.
(2) Effective January 1, 1993, each person who certified under
paragraph (1)(B) shall submit a certification under paragraph
(1)(A).
(3) Each certification under this subsection shall contain the
name and address of the person certifying under this subsection and
the serial number of each unit of approved recycling equipment
acquired by such person and shall be signed and attested by the
owner or another responsible officer. Certifications under
paragraph (1)(A) may be made by submitting the required information
to the Administrator on a standard form provided by the
manufacturer of certified refrigerant recycling equipment.
(e) Small containers of class I or class II substances
Effective 2 years after November 15, 1990, it shall be unlawful
for any person to sell or distribute, or offer for sale or
distribution, in interstate commerce to any person (other than a
person performing service for consideration on motor vehicle air-
conditioning systems in compliance with this section) any class I
or class II substance that is suitable for use as a refrigerant in
a motor vehicle air-conditioning system and that is in a container
which contains less than 20 pounds of such refrigerant.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 609, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2662.)
-End-
-CITE-
42 USC Sec. 7671i 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671i. Nonessential products containing chlorofluorocarbons
-STATUTE-
(a) Regulations
The Administrator shall promulgate regulations to carry out the
requirements of this section within 1 year after November 15, 1990.
(b) Nonessential products
The regulations under this section shall identify nonessential
products that release class I substances into the environment
(including any release occurring during manufacture, use, storage,
or disposal) and prohibit any person from selling or distributing
any such product, or offering any such product for sale or
distribution, in interstate commerce. At a minimum, such
prohibition shall apply to -
(1) chlorofluorocarbon-propelled plastic party streamers and
noise horns,
(2) chlorofluorocarbon-containing cleaning fluids for
noncommercial electronic and photographic equipment, and
(3) other consumer products that are determined by the
Administrator -
(A) to release class I substances into the environment
(including any release occurring during manufacture, use,
storage, or disposal), and
(B) to be nonessential.
In determining whether a product is nonessential, the Administrator
shall consider the purpose or intended use of the product, the
technological availability of substitutes for such product and for
such class I substance, safety, health, and other relevant factors.
(c) Effective date
Effective 24 months after November 15, 1990, it shall be unlawful
for any person to sell or distribute, or offer for sale or
distribution, in interstate commerce any nonessential product to
which regulations under subsection (a) of this section implementing
subsection (b) of this section are applicable.
(d) Other products
(1) Effective January 1, 1994, it shall be unlawful for any
person to sell or distribute, or offer for sale or distribution, in
interstate commerce -
(A) any aerosol product or other pressurized dispenser which
contains a class II substance; or
(B) any plastic foam product which contains, or is manufactured
with, a class II substance.
(2) The Administrator is authorized to grant exceptions from the
prohibition under subparagraph (A) of paragraph (1) where -
(A) the use of the aerosol product or pressurized dispenser is
determined by the Administrator to be essential as a result of
flammability or worker safety concerns, and
(B) the only available alternative to use of a class II
substance is use of a class I substance which legally could be
substituted for such class II substance.
(3) Subparagraph (B) of paragraph (1) shall not apply to -
(A) a foam insulation product, or
(B) an integral skin, rigid, or semi-rigid foam utilized to
provide for motor vehicle safety in accordance with Federal Motor
Vehicle Safety Standards where no adequate substitute substance
(other than a class I or class II substance) is practicable for
effectively meeting such Standards.
(e) Medical devices
Nothing in this section shall apply to any medical device as
defined in section 7671(8) of this title.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 610, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2664.)
-End-
-CITE-
42 USC Sec. 7671j 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671j. Labeling
-STATUTE-
(a) Regulations
The Administrator shall promulgate regulations to implement the
labeling requirements of this section within 18 months after
November 15, 1990, after notice and opportunity for public comment.
(b) Containers containing class I or class II substances and
products containing class I substances
Effective 30 months after November 15, 1990, no container in
which a class I or class II substance is stored or transported, and
no product containing a class I substance, shall be introduced into
interstate commerce unless it bears a clearly legible and
conspicuous label stating:
"Warning: Contains [insert name of substance], a substance
which harms public health and environment by destroying ozone in
the upper atmosphere".
(c) Products containing class II substances
(1) After 30 months after November 15, 1990, and before January
1, 2015, no product containing a class II substance shall be
introduced into interstate commerce unless it bears the label
referred to in subsection (b) of this section if the Administrator
determines, after notice and opportunity for public comment, that
there are substitute products or manufacturing processes (A) that
do not rely on the use of such class II substance, (B) that reduce
the overall risk to human health and the environment, and (C) that
are currently or potentially available.
(2) Effective January 1, 2015, the requirements of subsection (b)
of this section shall apply to all products containing a class II
substance.
(d) Products manufactured with class I and class II substances
(1) In the case of a class II substance, after 30 months after
November 15, 1990, and before January 1, 2015, if the
Administrator, after notice and opportunity for public comment,
makes the determination referred to in subsection (c) of this
section with respect to a product manufactured with a process that
uses such class II substance, no such product shall be introduced
into interstate commerce unless it bears a clearly legible and
conspicuous label stating:
"Warning: Manufactured with [insert name of substance], a
substance which harms public health and environment by destroying
ozone in the upper atmosphere" (!1)
(2) In the case of a class I substance, effective 30 months after
November 15, 1990, and before January 1, 2015, the labeling
requirements of this subsection shall apply to all products
manufactured with a process that uses such class I substance unless
the Administrator determines that there are no substitute products
or manufacturing processes that (A) do not rely on the use of such
class I substance, (B) reduce the overall risk to human health and
the environment, and (C) are currently or potentially available.
(e) Petitions
(1) Any person may, at any time after 18 months after November
15, 1990, petition the Administrator to apply the requirements of
this section to a product containing a class II substance or a
product manufactured with a class I or II substance which is not
otherwise subject to such requirements. Within 180 days after
receiving such petition, the Administrator shall, pursuant to the
criteria set forth in subsection (c) of this section, either
propose to apply the requirements of this section to such product
or publish an explanation of the petition denial. If the
Administrator proposes to apply such requirements to such product,
the Administrator shall, by rule, render a final determination
pursuant to such criteria within 1 year after receiving such
petition.
(2) Any petition under this paragaph (!2) shall include a showing
by the petitioner that there are data on the product adequate to
support the petition.
(3) If the Administrator determines that information on the
product is not sufficient to make the required determination the
Administrator shall use any authority available to the
Administrator under any law administered by the Administrator to
acquire such information.
(4) In the case of a product determined by the Administrator,
upon petition or on the Administrator's own motion, to be subject
to the requirements of this section, the Administrator shall
establish an effective date for such requirements. The effective
date shall be 1 year after such determination or 30 months after
November 15, 1990, whichever is later.
(5) Effective January 1, 2015, the labeling requirements of this
subsection (!3) shall apply to all products manufactured with a
process that uses a class I or class II substance.
(f) Relationship to other law
(1) The labeling requirements of this section shall not
constitute, in whole or part, a defense to liability or a cause for
reduction in damages in any suit, whether civil or criminal,
brought under any law, whether Federal or State, other than a suit
for failure to comply with the labeling requirements of this
section.
(2) No other approval of such label by the Administrator under
any other law administered by the Administrator shall be required
with respect to the labeling requirements of this section.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 611, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2665.)
-FOOTNOTE-
(!1) So in original. Probably should be followed by a period.
(!2) So in original. Probably should be "paragraph".
(!3) So in original. Probably should be "section".
-End-
-CITE-
42 USC Sec. 7671k 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671k. Safe alternatives policy
-STATUTE-
(a) Policy
To the maximum extent practicable, class I and class II
substances shall be replaced by chemicals, product substitutes, or
alternative manufacturing processes that reduce overall risks to
human health and the environment.
(b) Reviews and reports
The Administrator shall -
(1) in consultation and coordination with interested members of
the public and the heads of relevant Federal agencies and
departments, recommend Federal research programs and other
activities to assist in identifying alternatives to the use of
class I and class II substances as refrigerants, solvents, fire
retardants, foam blowing agents, and other commercial
applications and in achieving a transition to such alternatives,
and, where appropriate, seek to maximize the use of Federal
research facilities and resources to assist users of class I and
class II substances in identifying and developing alternatives to
the use of such substances as refrigerants, solvents, fire
retardants, foam blowing agents, and other commercial
applications;
(2) examine in consultation and coordination with the Secretary
of Defense and the heads of other relevant Federal agencies and
departments, including the General Services Administration,
Federal procurement practices with respect to class I and class
II substances and recommend measures to promote the transition by
the Federal Government, as expeditiously as possible, to the use
of safe substitutes;
(3) specify initiatives, including appropriate
intergovernmental, international, and commercial information and
technology transfers, to promote the development and use of safe
substitutes for class I and class II substances, including
alternative chemicals, product substitutes, and alternative
manufacturing processes; and
(4) maintain a public clearinghouse of alternative chemicals,
product substitutes, and alternative manufacturing processes that
are available for products and manufacturing processes which use
class I and class II substances.
(c) Alternatives for class I or II substances
Within 2 years after November 15, 1990, the Administrator shall
promulgate rules under this section providing that it shall be
unlawful to replace any class I or class II substance with any
substitute substance which the Administrator determines may present
adverse effects to human health or the environment, where the
Administrator has identified an alternative to such replacement
that -
(1) reduces the overall risk to human health and the
environment; and
(2) is currently or potentially available.
The Administrator shall publish a list of (A) the substitutes
prohibited under this subsection for specific uses and (B) the safe
alternatives identified under this subsection for specific uses.
(d) Right to petition
Any person may petition the Administrator to add a substance to
the lists under subsection (c) of this section or to remove a
substance from either of such lists. The Administrator shall grant
or deny the petition within 90 days after receipt of any such
petition. If the Administrator denies the petition, the
Administrator shall publish an explanation of why the petition was
denied. If the Administrator grants such petition the Administrator
shall publish such revised list within 6 months thereafter. Any
petition under this subsection shall include a showing by the
petitioner that there are data on the substance adequate to support
the petition. If the Administrator determines that information on
the substance is not sufficient to make a determination under this
subsection, the Administrator shall use any authority available to
the Administrator, under any law administered by the Administrator,
to acquire such information.
(e) Studies and notification
The Administrator shall require any person who produces a
chemical substitute for a class I substance to provide the
Administrator with such person's unpublished health and safety
studies on such substitute and require producers to notify the
Administrator not less than 90 days before new or existing
chemicals are introduced into interstate commerce for significant
new uses as substitutes for a class I substance. This subsection
shall be subject to section 7414(c) of this title.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 612, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2667.)
-End-
-CITE-
42 USC Sec. 7671l 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671l. Federal procurement
-STATUTE-
Not later than 18 months after November 15, 1990, the
Administrator, in consultation with the Administrator of the
General Services Administration and the Secretary of Defense, shall
promulgate regulations requiring each department, agency, and
instrumentality of the United States to conform its procurement
regulations to the policies and requirements of this subchapter and
to maximize the substitution of safe alternatives identified under
section 7671k of this title for class I and class II substances.
Not later than 30 months after November 15, 1990, each department,
agency, and instrumentality of the United States shall so conform
its procurement regulations and certify to the President that its
regulations have been modified in accordance with this section.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 613, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2668.)
-EXEC-
EXECUTIVE ORDER NO. 12843
Ex. Ord. No. 12843, Apr. 21, 1993, 58 F.R. 21881, which provided
for Federal agencies to implement policies and programs to minimize
procurement of ozone-depleting substances, was revoked by Ex. Ord.
No. 13148, Sec. 901, Apr. 21, 2000, 65 F.R. 24604, formerly set out
as a note under section 4321 of this title.
-End-
-CITE-
42 USC Sec. 7671m 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671m. Relationship to other laws
-STATUTE-
(a) State laws
Notwithstanding section 7416 of this title, during the 2-year
period beginning on November 15, 1990, no State or local government
may enforce any requirement concerning the design of any new or
recalled appliance for the purpose of protecting the stratospheric
ozone layer.
(b) Montreal Protocol
This subchapter as added by the Clean Air Act Amendments of 1990
shall be construed, interpreted, and applied as a supplement to the
terms and conditions of the Montreal Protocol, as provided in
Article 2, paragraph 11 thereof, and shall not be construed,
interpreted, or applied to abrogate the responsibilities or
obligations of the United States to implement fully the provisions
of the Montreal Protocol. In the case of conflict between any
provision of this subchapter and any provision of the Montreal
Protocol, the more stringent provision shall govern. Nothing in
this subchapter shall be construed, interpreted, or applied to
affect the authority or responsibility of the Administrator to
implement Article 4 of the Montreal Protocol with other appropriate
agencies.
(c) Technology export and overseas investment
Upon November 15, 1990, the President shall -
(1) prohibit the export of technologies used to produce a class
I substance;
(2) prohibit direct or indirect investments by any person in
facilities designed to produce a class I or class II substance in
nations that are not parties to the Montreal Protocol; and
(3) direct that no agency of the government provide bilateral
or multilateral subsidies, aids, credits, guarantees, or
insurance programs, for the purpose of producing any class I
substance.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 614, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2668.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act Amendments of 1990, referred to in subsec. (b),
probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399. For
complete classification of this Act to the Code, see Short Title of
1990 Amendment note set out under section 7401 of this title and
Tables.
-End-
-CITE-
42 USC Sec. 7671n 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671n. Authority of Administrator
-STATUTE-
If, in the Administrator's judgment, any substance, practice,
process, or activity may reasonably be anticipated to affect the
stratosphere, especially ozone in the stratosphere, and such effect
may reasonably be anticipated to endanger public health or welfare,
the Administrator shall promptly promulgate regulations respecting
the control of such substance, practice, process, or activity, and
shall submit notice of the proposal and promulgation of such
regulation to the Congress.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 615, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2669.)
-End-
-CITE-
42 USC Sec. 7671o 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671o. Transfers among Parties to Montreal Protocol
-STATUTE-
(a) In general
Consistent with the Montreal Protocol, the United States may
engage in transfers with other Parties to the Protocol under the
following conditions:
(1) The United States may transfer production allowances to
another Party if, at the time of such transfer, the Administrator
establishes revised production limits for the United States such
that the aggregate national United States production permitted
under the revised production limits equals the lesser of (A) the
maximum production level permitted for the substance or
substances concerned in the transfer year under the Protocol
minus the production allowances transferred, (B) the maximum
production level permitted for the substance or substances
concerned in the transfer year under applicable domestic law
minus the production allowances transferred, or (C) the average
of the actual national production level of the substance or
substances concerned for the 3 years prior to the transfer minus
the production allowances transferred.
(2) The United States may acquire production allowances from
another Party if, at the time of such transfer, the Administrator
finds that the other Party has revised its domestic production
limits in the same manner as provided with respect to transfers
by the United States in this subsection.
(b) Effect of transfers on production limits
The Administrator is authorized to reduce the production limits
established under this chapter as required as a prerequisite to
transfers under paragraph (1) of subsection (a) of this section or
to increase production limits established under this chapter to
reflect production allowances acquired under a transfer under
paragraph (2) of subsection (a) of this section.
(c) Regulations
The Administrator shall promulgate, within 2 years after November
15, 1990, regulations to implement this section.
(d) "Applicable domestic law" defined
In the case of the United States, the term "applicable domestic
law" means this chapter.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 616, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2669.)
-End-
-CITE-
42 USC Sec. 7671p 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671p. International cooperation
-STATUTE-
(a) In general
The President shall undertake to enter into international
agreements to foster cooperative research which complements studies
and research authorized by this subchapter, and to develop
standards and regulations which protect the stratosphere consistent
with regulations applicable within the United States. For these
purposes the President through the Secretary of State and the
Assistant Secretary of State for Oceans and International
Environmental and Scientific Affairs, shall negotiate multilateral
treaties, conventions, resolutions, or other agreements, and
formulate, present, or support proposals at the United Nations and
other appropriate international forums and shall report to the
Congress periodically on efforts to arrive at such agreements.
(b) Assistance to developing countries
The Administrator, in consultation with the Secretary of State,
shall support global participation in the Montreal Protocol by
providing technical and financial assistance to developing
countries that are Parties to the Montreal Protocol and operating
under article 5 of the Protocol. There are authorized to be
appropriated not more than $30,000,000 to carry out this section in
fiscal years 1991, 1992 and 1993 and such sums as may be necessary
in fiscal years 1994 and 1995. If China and India become Parties to
the Montreal Protocol, there are authorized to be appropriated not
more than an additional $30,000,000 to carry out this section in
fiscal years 1991, 1992, and 1993.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 617, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2669.)
-MISC1-
AUTHORITY OF SECRETARY OF STATE
Except as otherwise provided, Secretary of State to have and
exercise any authority vested by law in any official or office of
Department of State and references to such officials or offices
deemed to refer to Secretary of State or Department of State, as
appropriate, see section 2651a of Title 22, Foreign Relations and
Intercourse, and section 161(d) of Pub. L. 103-236, set out as a
note under section 2651a of Title 22.
-End-
-CITE-
42 USC Sec. 7671q 01/08/2008
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION
-HEAD-
Sec. 7671q. Miscellaneous provisions
-STATUTE-
For purposes of section 7416 of this title, requirements
concerning the areas addressed by this subchapter for the
protection of the stratosphere against ozone layer depletion shall
be treated as requirements for the control and abatement of air
pollution. For purposes of section 7418 of this title, the
requirements of this subchapter and corresponding State,
interstate, and local requirements, administrative authority, and
process, and sanctions respecting the protection of the
stratospheric ozone layer shall be treated as requirements for the
control and abatement of air pollution within the meaning of
section 7418 of this title.
-SOURCE-
(July 14, 1955, ch. 360, title VI, Sec. 618, as added Pub. L. 101-
549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2670.)
-End-