-CITE-
42 USC CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL 01/03/2012 (112-90)
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
-HEAD-
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
-MISC1-
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 Repealed.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 01/03/2012 (112-90)
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
-HEAD-
SUBCHAPTER I - PROGRAMS AND ACTIVITIES
-End-
-CITE-
42 USC Part A - Air Quality and Emission Limitations 01/03/2012 (112-90)
-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-
-CITE-
42 USC Sec. 7401 01/03/2012 (112-90)
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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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 6101 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 and
section 6101 of title 41" substituted for "sections 3648 and 3709
of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)" on authority
of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, which
Act enacted Title 31, Money and Finance, and Pub. L. 111-350, Sec.
6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
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 AND TRANSMISSION OF REPORTS AND STUDIES TO
CONGRESSIONAL COMMITTEE
Pub. L. 95-95, title I, Sec. 101(c), Aug. 7, 1977, 91 Stat. 687,
provided that: "The Administrator of the Environmental Protection
Agency shall consult with the House Committee on Science and
Technology [now Committee on Science, Space, 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 [now
Committee on Science, Space, 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 01/03/2012 (112-90)
-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 6101 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)(D), "section 3324(a) and (b) of title 31 and
section 6101 of title 41" substituted for "sections 3648 and 3709
of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)" on authority
of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, which
Act enacted Title 31, Money and Finance, and Pub. L. 111-350, Sec.
6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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.
--------------------------------------------------------------------
(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 6101 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
In subsec. (r)(6)(N), "section 6101 of title 41" substituted for
"section 5 of title 41 of the United States Code" on authority of
Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act
enacted Title 41, Public Contracts.
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.]
-EXEC-
FLEXIBLE IMPLEMENTATION OF THE MERCURY AND AIR TOXICS STANDARDS
RULE
Memorandum of President of the United States, Dec. 21, 2011, 76
F.R. 80727, provided:
Memorandum for the Administrator of the Environmental Protection
Agency
Today's issuance, by the Environmental Protection Agency (EPA),
of the final Mercury and Air Toxics Standards rule for power plants
(the "MATS Rule") represents a major step forward in my
Administration's efforts to protect public health and the
environment.
This rule, issued after careful consideration of public comments,
prescribes standards under section 112 of the Clean Air Act to
control emissions of mercury and other toxic air pollutants from
power plants, which collectively are among the largest sources of
such pollution in the United States. The EPA estimates that by
substantially reducing emissions of pollutants that contribute to
neurological damage, cancer, respiratory illnesses, and other
health risks, the MATS Rule will produce major health benefits for
millions of Americans - including children, older Americans, and
other vulnerable populations. Consistent with Executive Order 13563
(Improving Regulation and Regulatory Review), the estimated
benefits of the MATS Rule far exceed the estimated costs.
The MATS Rule can be implemented through the use of demonstrated,
existing pollution control technologies. The United States is a
global market leader in the design and manufacture of these
technologies, and it is anticipated that U.S. firms and workers
will provide much of the equipment and labor needed to meet the
substantial investments in pollution control that the standards are
expected to spur.
These new standards will promote the transition to a cleaner and
more efficient U.S. electric power system. This system as a whole
is critical infrastructure that plays a key role in the functioning
of all facets of the U.S. economy, and maintaining its stability
and reliability is of critical importance. It is therefore crucial
that implementation of the MATS Rule proceed in a cost-effective
manner that ensures electric reliability.
Analyses conducted by the EPA and the Department of Energy (DOE)
indicate that the MATS Rule is not anticipated to compromise
electric generating resource adequacy in any region of the country.
The Clean Air Act offers a number of implementation flexibilities,
and the EPA has a long and successful history of using those
flexibilities to ensure a smooth transition to cleaner
technologies.
The Clean Air Act provides 3 years from the effective date of the
MATS Rule for sources to comply with its requirements. In addition,
section 112(i)(3)(B) of the Act allows the issuance of a permit
granting a source up to one additional year where necessary for the
installation of controls. As you stated in the preamble to the MATS
Rule, this additional fourth year should be broadly available to
sources, consistent with the requirements of the law.
The EPA has concluded that 4 years should generally be sufficient
to install the necessary emission control equipment, and DOE has
issued analysis consistent with that conclusion. While more time is
generally not expected to be needed, the Clean Air Act offers other
important flexibilities as well. For example, section 113(a) of the
Act provides the EPA with flexibility to bring sources into
compliance over the course of an additional year, should unusual
circumstances arise that warrant such flexibility.
To address any concerns with respect to electric reliability
while assuring MATS' public health benefits, I direct you to take
the following actions:
1. Building on the information and guidance that you have
provided to the public, relevant stakeholders, and permitting
authorities in the preamble of the MATS Rule, work with State and
local permitting authorities to make the additional year for
compliance with the MATS Rule provided under section 112(i)(3)(B)
of the Clean Air Act broadly available to sources, consistent with
law, and to invoke this flexibility expeditiously where justified.
2. Promote early, coordinated, and orderly planning and execution
of the measures needed to implement the MATS Rule while maintaining
the reliability of the electric power system. Consistent with
Executive Order 13563, this process should be designed to "promote
predictability and reduce uncertainty," and should include
engagement and coordination with DOE, the Federal Energy Regulatory
Commission, State utility regulators, Regional Transmission
Organizations, the North American Electric Reliability Corporation
and regional electric reliability organizations, other grid
planning authorities, electric utilities, and other stakeholders,
as appropriate.
3. Make available to the public, including relevant stakeholders,
information concerning any anticipated use of authorities: (a)
under section 112(i)(3)(B) of the Clean Air Act in the event that
additional time to comply with the MATS Rule is necessary for the
installation of technology; and (b) under section 113(a) of the
Clean Air Act in the event that additional time to comply with the
MATS Rule is necessary to address a specific and documented
electric reliability issue. This information should describe the
process for working with entities with relevant expertise to
identify circumstances where electric reliability concerns might
justify allowing additional time to comply.
This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any
other person.
You are hereby authorized and directed to publish this memorandum
in the Federal Register.
Barack Obama.
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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 01/03/2012 (112-90)
-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
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Model year commencing after Percentage*
standards promulgated
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Fourth 40
Fifth 80
After Fifth 100
*Percentages in the table refer to a percentage of the
manufacturer's sales volume.
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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
veh