42 USC Ch. 85: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 85-AIR POLLUTION PREVENTION AND CONTROL
CHAPTER 85-AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I-PROGRAMS AND ACTIVITIES
Part A-Air Quality and Emission Limitations
Sec.
7401.
Congressional findings and declaration of purpose.
(a)
Findings.
(b)
Declaration.
(c)
Pollution prevention.
7402.
Cooperative activities.
(a)
Interstate cooperation; uniform State laws; State compacts.
(b)
Federal cooperation.
(c)
Consent of Congress to compacts.
7403.
Research, investigation, training, and other activities.
(a)
Research and development program for prevention and control of air pollution.
(b)
Authorized activities of Administrator in establishing research and development program.
(c)
Air pollutant monitoring, analysis, modeling, and inventory research.
(d)
Environmental health effects research.
(e)
Ecosystem research.
(f)
Liquified Gaseous Fuels Spill Test Facility.
(g)
Pollution prevention and emissions control.
(h)
NIEHS studies.
(i)
Coordination of research.
(j)
Continuation of national acid precipitation assessment program.
(k)
Air pollution conferences.
7404.
Research relating to fuels and vehicles.
(a)
Research programs; grants; contracts; pilot and demonstration plants; byproducts research.
(b)
Powers of Administrator in establishing research and development programs.
(c)
Clean alternative fuels.
7405.
Grants for support of air pollution planning and control programs.
(a)
Amounts; limitations; assurances of plan development capability.
(b)
Terms and conditions; regulations; factors for consideration; State expenditure limitations.
(c)
Maintenance of effort.
(d)
Reduction of payments; availability of reduced amounts; reduced amount as deemed paid to agency for purpose of determining amount of grant.
(e)
Notice and opportunity for hearing when affected by adverse action.
7406.
Interstate air quality agencies; program cost limitations.
7407.
Air quality control regions.
(a)
Responsibility of each State for air quality; submission of implementation plan.
(b)
Designated regions.
(c)
Authority of Administrator to designate regions; notification of Governors of affected States.
(d)
Designations.
(e)
Redesignation of air quality control regions.
7408.
Air quality criteria and control techniques.
(a)
Air pollutant list; publication and revision by Administrator; issuance of air quality criteria for air pollutants.
(b)
Issuance by Administrator of information on air pollution control techniques; standing consulting committees for air pollutants; establishment; membership.
(c)
Review, modification, and reissuance of criteria or information.
(d)
Publication in Federal Register; availability of copies for general public.
(e)
Transportation planning and guidelines.
(f)
Information regarding processes, procedures, and methods to reduce or control pollutants in transportation; reduction of mobile source related pollutants; reduction of impact on public health.
(g)
Assessment of risks to ecosystems.
(h)
RACT/BACT/LAER clearinghouse.
7409.
National primary and secondary ambient air quality standards.
(a)
Promulgation.
(b)
Protection of public health and welfare.
(c)
National primary ambient air quality standard for nitrogen dioxide.
(d)
Review and revision of criteria and standards; independent scientific review committee; appointment; advisory functions.
7410.
State implementation plans for national primary and secondary ambient air quality standards.
(a)
Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems.
(b)
Extension of period for submission of plans.
(c)
Preparation and publication by Administrator of proposed regulations setting forth implementation plan; transportation regulations study and report; parking surcharge; suspension authority; plan implementation.
(d),
(e) Repealed.
(f)
National or regional energy emergencies; determination by President.
(g)
Governor's authority to issue temporary emergency suspensions.
(h)
Publication of comprehensive document for each State setting forth requirements of applicable implementation plan.
(i)
Modification of requirements prohibited.
(j)
Technological systems of continuous emission reduction on new or modified stationary sources; compliance with performance standards.
(k)
Environmental Protection Agency action on plan submissions.
(l)
Plan revisions.
(m)
Sanctions.
(n)
Savings clauses.
(o)
Indian tribes.
(p)
Reports.
7411.
Standards of performance for new stationary sources.
(a)
Definitions.
(b)
List of categories of stationary sources; standards of performance; information on pollution control techniques; sources owned or operated by United States; particular systems; revised standards.
(c)
State implementation and enforcement of standards of performance.
(d)
Standards of performance for existing sources; remaining useful life of source.
(e)
Prohibited acts.
(f)
New source standards of performance.
(g)
Revision of regulations.
(h)
Design, equipment, work practice, or operational standard; alternative emission limitation.
(i)
Country elevators.
(j)
Innovative technological systems of continuous emission reduction.
7412.
Hazardous air pollutants.
(a)
Definitions.
(b)
List of pollutants.
(c)
List of source categories.
(d)
Emission standards.
(e)
Schedule for standards and review.
(f)
Standard to protect health and environment.
(g)
Modifications.
(h)
Work practice standards and other requirements.
(i)
Schedule for compliance.
(j)
Equivalent emission limitation by permit.
(k)
Area source program.
(l)
State programs.
(m)
Atmospheric deposition to Great Lakes and coastal waters.
(n)
Other provisions.
(o)
National Academy of Sciences study.
(p)
Mickey Leland National Urban Air Toxics Research Center.
(q)
Savings provision.
(r)
Prevention of accidental releases.
(s)
Periodic report.
7413.
Federal enforcement.
(a)
In general.
(b)
Civil judicial enforcement.
(c)
Criminal penalties.
(d)
Administrative assessment of civil penalties.
(e)
Penalty assessment criteria.
(f)
Awards.
(g)
Settlements; public participation.
(h)
Operator.
7414.
Recordkeeping, inspections, monitoring, and entry.
(a)
Authority of Administrator or authorized representative.
(b)
State enforcement.
(c)
Availability of records, reports, and information to public; disclosure of trade secrets.
(d)
Notice of proposed entry, inspection, or monitoring.
7415.
International air pollution.
(a)
Endangerment of public health or welfare in foreign countries from pollution emitted in United States.
(b)
Prevention or elimination of endangerment.
(c)
Reciprocity.
(d)
Recommendations.
7416.
Retention of State authority.
7417.
Advisory committees.
(a)
Establishment; membership.
(b)
Compensation.
(c)
Consultations by Administrator.
7418.
Control of pollution from Federal facilities.
(a)
General compliance.
(b)
Exemption.
(c)
Government vehicles.
(d)
Vehicles operated on Federal installations.
7419.
Primary nonferrous smelter orders.
(a)
Issuance; hearing; enforcement orders; statement of grounds for application; findings.
(b)
Prerequisites to issuance of orders.
(c)
Second orders.
(d)
Interim measures; continuous emission reduction technology.
(e)
Termination of orders.
(f)
Violation of requirements.
7420.
Noncompliance penalty.
(a)
Assessment and collection.
(b)
Regulations.
(c)
Contract to assist in determining amount of penalty assessment or payment schedule.
(d)
Payment.
(e)
Judicial review.
(f)
Other orders, payments, sanctions, or requirements.
(g)
More stringent emission limitations or other requirements.
7421.
Consultation.
7422.
Listing of certain unregulated pollutants.
(a)
Radioactive pollutants, cadmium, arsenic, and polycyclic organic matter.
(b)
Revision authority.
(c)
Consultation with Nuclear Regulatory Commission; interagency agreement; notice and hearing.
7423.
Stack heights.
(a)
Heights in excess of good engineering practice; other dispersion techniques.
(b)
Dispersion technique.
(c)
Regulations; good engineering practice.
7424.
Assurance of adequacy of State plans.
(a)
State review of implementation plans which relate to major fuel burning sources.
(b)
Plan revision.
7425.
Measures to prevent economic disruption or unemployment.
(a)
Determination that action is necessary.
(b)
Use of locally or regionally available coal or coal derivatives to comply with implementation plan requirements.
(c)
Contracts; schedules.
(d)
Existing or new major fuel burning stationary sources.
(e)
Actions not to be deemed modifications of major fuel burning stationary sources.
(f)
Treatment of prohibitions, rules, or orders as requirements or parts of plans under other provisions.
(g)
Delegation of Presidential authority.
(h)
"Locally or regionally available coal or coal derivatives" defined.
7426.
Interstate pollution abatement.
(a)
Written notice to all nearby States.
(b)
Petition for finding that major sources emit or would emit prohibited air pollutants.
(c)
Violations; allowable continued operation.
7427.
Public notification.
(a)
Warning signs; television, radio, or press notices or information.
(b)
Grants.
7428.
State boards.
7429.
Solid waste combustion.
(a)
New source performance standards.
(b)
Existing units.
(c)
Monitoring.
(d)
Operator training.
(e)
Permits.
(f)
Effective date and enforcement.
(g)
Definitions.
(h)
Other authority.
7430.
Emission factors.
7431.
Land use authority.
Part B-Ozone Protection
7450 to 7459. Repealed.
Part C-Prevention of Significant Deterioration of Air Quality
subpart i-clean air
7470.
Congressional declaration of purpose.
7471.
Plan requirements.
7472.
Initial classifications.
(a)
Areas designated as class I.
(b)
Areas designated as class II.
7473.
Increments and ceilings.
(a)
Sulfur oxide and particulate matter; requirement that maximum allowable increases and maximum allowable concentrations not be exceeded.
(b)
Maximum allowable increases in concentrations over baseline concentrations.
(c)
Orders or rules for determining compliance with maximum allowable increases in ambient concentrations of air pollutants.
7474.
Area redesignation.
(a)
Authority of States to redesignate areas.
(b)
Notice and hearing; notice to Federal land manager; written comments and recommendations; regulations; disapproval of redesignation.
(c)
Indian reservations.
(d)
Review of national monuments, primitive areas, and national preserves.
(e)
Resolution of disputes between State and Indian tribes.
7475.
Preconstruction requirements.
(a)
Major emitting facilities on which construction is commenced.
(b)
Exception.
(c)
Permit applications.
(d)
Action taken on permit applications; notice; adverse impact on air quality related values; variance; emission limitations.
(e)
Analysis; continuous air quality monitoring data; regulations; model adjustments.
7476.
Other pollutants.
(a)
Hydrocarbons, carbon monoxide, petrochemical oxidants, and nitrogen oxides.
(b)
Effective date of regulations.
(c)
Contents of regulations.
(d)
Specific measures to fulfill goals and purposes.
(e)
Area classification plan not required.
(f)
PM–10 increments.
7477.
Enforcement.
7478.
Period before plan approval.
(a)
Existing regulations to remain in effect.
(b)
Regulations deemed amended; construction commenced after June 1, 1975.
7479.
Definitions.
subpart ii-visibility protection
7491.
Visibility protection for Federal class I areas.
(a)
Impairment of visibility; list of areas; study and report.
(b)
Regulations.
(c)
Exemptions.
(d)
Consultations with appropriate Federal land managers.
(e)
Buffer zones.
(f)
Nondiscretionary duty.
(g)
Definitions.
7492.
Visibility.
(a)
Studies.
(b)
Impacts of other provisions.
(c)
Establishment of visibility transport regions and commissions.
(d)
Duties of visibility transport commissions.
(e)
Duties of Administrator.
(f)
Grand Canyon visibility transport commission.
Part D-Plan Requirements for Nonattainment Areas
subpart 1-nonattainment areas in general
7501.
Definitions.
7502.
Nonattainment plan provisions in general.
(a)
Classifications and attainment dates.
(b)
Schedule for plan submissions.
(c)
Nonattainment plan provisions.
(d)
Plan revisions required in response to finding of plan inadequacy.
(e)
Future modification of standard.
7503.
Permit requirements.
(a)
In general.
(b)
Prohibition on use of old growth allowances.
(c)
Offsets.
(d)
Control technology information.
(e)
Rocket engines or motors.
7504.
Planning procedures.
(a)
In general.
(b)
Coordination.
(c)
Joint planning.
7505.
Environmental Protection Agency grants.
(a)
Plan revision development costs.
(b)
Uses of grant funds.
7505a.
Maintenance plans.
(a)
Plan revision.
(b)
Subsequent plan revisions.
(c)
Nonattainment requirements applicable pending plan approval.
(d)
Contingency provisions.
7506.
Limitations on certain Federal assistance.
(a),
(b) Repealed.
(c)
Activities not conforming to approved or promulgated plans.
(d)
Priority of achieving and maintaining national primary ambient air quality standards.
7506a.
Interstate transport commissions.
(a)
Authority to establish interstate transport regions.
(b)
Transport commissions.
(c)
Commission requests.
7507.
New motor vehicle emission standards in nonattainment areas.
7508.
Guidance documents.
7509.
Sanctions and consequences of failure to attain.
(a)
State failure.
(b)
Sanctions.
(c)
Notice of failure to attain.
(d)
Consequences for failure to attain.
7509a.
International border areas.
(a)
Implementation plans and revisions.
(b)
Attainment of ozone levels.
(c)
Attainment of carbon monoxide levels.
(d)
Attainment of PM–10 levels.
subpart 2-additional provisions for ozone nonattainment areas
7511.
Classifications and attainment dates.
(a)
Classification and attainment dates for 1989 nonattainment areas.
(b)
New designations and reclassifications.
(c)
References to terms.
7511a.
Plan submissions and requirements.
(a)
Marginal Areas.
(b)
Moderate Areas.
(c)
Serious Areas.
(d)
Severe Areas.
(e)
Extreme Areas.
(f)
NOx requirements.
(g)
Milestones.
(h)
Rural transport areas.
(i)
Reclassified areas.
(j)
Multi-State ozone nonattainment areas.
7511b.
Federal ozone measures.
(a)
Control techniques guidelines for VOC sources.
(b)
Existing and new CTGS.
(c)
Alternative control techniques.
(d)
Guidance for evaluating cost-effectiveness.
(e)
Control of emissions from certain sources.
(f)
Tank vessel standards.
(g)
Ozone design value study.
(h)
Vehicles entering ozone nonattainment areas.
7511c.
Control of interstate ozone air pollution.
(a)
Ozone transport regions.
(b)
Plan provisions for States in ozone transport regions.
(c)
Additional control measures.
(d)
Best available air quality monitoring and modeling.
7511d.
Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain.
(a)
General rule.
(b)
Computation of fee.
(c)
Exception.
(d)
Fee collection by Administrator.
(e)
Exemptions for certain small areas.
7511e.
Transitional areas.
7511f.
NOx and VOC study.
subpart 3-additional provisions for carbon monoxide nonattainment areas
7512.
Classification and attainment dates.
(a)
Classification by operation of law and attainment dates for nonattainment areas.
(b)
New designations and reclassifications.
(c)
References to terms.
7512a.
Plan submissions and requirements.
(a)
Moderate Areas.
(b)
Serious Areas.
(c)
Areas with significant stationary source emissions of CO.
(d)
CO milestone.
(e)
Multi-State CO nonattainment areas.
(f)
Reclassified areas.
(g)
Failure of Serious Area to attain standard.
subpart 4-additional provisions for particulate matter nonattainment areas
7513.
Classifications and attainment dates.
(a)
Initial classifications.
(b)
Reclassification as Serious.
(c)
Attainment dates.
(d)
Extension of attainment date for Moderate Areas.
(e)
Extension of attainment date for Serious Areas.
(f)
Waivers for certain areas.
7513a.
Plan provisions and schedules for plan submissions.
(a)
Moderate Areas.
(b)
Serious Areas.
(c)
Milestones.
(d)
Failure to attain.
(e)
PM–10 precursors.
7513b.
Issuance of RACM and BACM guidance.
subpart 5-additional provisions for areas designated nonattainment for sulfur oxides, nitrogen dioxide, or lead
7514.
Plan submission deadlines.
(a)
Submission.
(b)
States lacking fully approved State implementation plans.
7514a.
Attainment dates.
(a)
Plans under section 7514(a).
(b)
Plans under section 7514(b).
(c)
Inadequate plans.
subpart 6-savings provisions
7515.
General savings clause.
SUBCHAPTER II-EMISSION STANDARDS FOR MOVING SOURCES
Part A-Motor Vehicle Emission and Fuel Standards
7521.
Emission standards for new motor vehicles or new motor vehicle engines.
(a)
Authority of Administrator to prescribe by regulation.
(b)
Emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen; annual report to Congress; waiver of emission standards; research objectives.
(c)
Feasibility study and investigation by National Academy of Sciences; reports to Administrator and Congress; availability of information.
(d)
Useful life of vehicles.
(e)
New power sources or propulsion systems.
(f)
High altitude regulations.
(g)
Light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles; standards for model years after 1993.
(h)
Light-duty trucks of more than 6,000 lbs. GVWR; standards for model years after 1995.
(i)
Phase II study for certain light-duty vehicles and light-duty trucks.
(j)
Cold CO standard.
(k)
Control of evaporative emissions.
(l)
Mobile source-related air toxics.
(m)
Emissions control diagnostics.
(f)
Model years after 1990.
7522.
Prohibited acts.
(a)
Enumerated prohibitions.
(b)
Exemptions; refusal to admit vehicle or engine into United States; vehicles or engines intended for export.
7523.
Actions to restrain violations.
(a)
Jurisdiction.
(b)
Actions brought by or in name of United States; subpenas.
7524.
Civil penalties.
(a)
Violations.
(b)
Civil actions.
(c)
Administrative assessment of certain penalties.
7525.
Motor vehicle and motor vehicle engine compliance testing and certification.
(a)
Testing and issuance of certificate of conformity.
(b)
Testing procedures; hearing; judicial review; additional evidence.
(c)
Inspection.
(d)
Rules and regulations.
(e)
Publication of test results.
(f)
High altitude regulations.
(g)
Nonconformance penalty.
(h)
Review and revision of regulations.
7541.
Compliance by vehicles and engines in actual use.
(a)
Warranty; certification; payment of replacement costs of parts, devices, or components designed for emission control.
(b)
Testing methods and procedures.
(c)
Nonconforming vehicles; plan for remedying nonconformity; instructions for maintenance and use; label or tag.
(d)
Dealer costs borne by manufacturer.
(e)
Cost statement.
(f)
Inspection after sale to ultimate purchaser.
(g)
Replacement and maintenance costs borne by owner.
(h)
Dealer certification.
(i)
Warranty period.
7542.
Information collection.
(a)
Manufacturer's responsibility.
(b)
Enforcement authority.
(c)
Availability to public; trade secrets.
7543.
State standards.
(a)
Prohibition.
(b)
Waiver.
(c)
Certification of vehicle parts or engine parts.
(d)
Control, regulation, or restrictions on registered or licensed motor vehicles.
(e)
Nonroad engines or vehicles.
7544.
State grants.
7545.
Regulation of fuels.
(a)
Authority of Administrator to regulate.
(b)
Registration requirement.
(c)
Offending fuels and fuel additives; control; prohibition.
(d)
Penalties and injunctions.
(e)
Testing of fuels and fuel additives.
(f)
New fuels and fuel additives.
(g)
Misfueling.
(h)
Reid vapor pressure requirements.
(i)
Sulfur content requirements for diesel fuel.
(j)
Lead substitute gasoline additives.
(k)
Reformulated gasoline for conventional vehicles.
(l)
Detergents.
(m)
Oxygenated fuels.
(n)
Prohibition on leaded gasoline for highway use.
(o)
Fuel and fuel additive importers and importation.
7546.
Repealed.
7547.
Nonroad engines and vehicles.
(a)
Emissions standards.
(b)
Effective date.
(c)
Safe controls.
(d)
Enforcement.
7548.
Study of particulate emissions from motor vehicles.
(a)
Study and analysis.
(b)
Report to Congress.
7549.
High altitude performance adjustments.
(a)
Instruction of the manufacturer.
(b)
Regulations.
(c)
Manufacturer parts.
(d)
State inspection and maintenance programs.
(e)
High altitude testing.
7550.
Definitions.
7551.
Study and report on fuel consumption.
7552.
Motor vehicle compliance program fees.
(a)
Fee collection.
(b)
Special Treasury fund.
(c)
Limitation on fund use.
(d)
Administrator's testing authority.
7553.
Prohibition on production of engines requiring leaded gasoline.
7554.
Urban bus standards.
(a)
Standards for model years after 1993.
(b)
PM standard.
(c)
Low-polluting fuel requirement.
(d)
Retrofit requirements.
(e)
Procedures for administration and enforcement.
(f)
Definitions.
Part B-Aircraft Emission Standards
7571.
Establishment of standards.
(a)
Study; proposed standards; hearings; issuance of regulations.
(b)
Effective date of regulations.
(c)
Regulations which create hazards to aircraft safety.
7572.
Enforcement of standards.
(a)
Regulations to insure compliance with standards.
(b)
Notice and appeal rights.
7573.
State standards and controls.
7574.
Definitions.
Part C-Clean Fuel Vehicles
7581.
Definitions.
7582.
Requirements applicable to clean-fuel vehicles.
(a)
Promulgation of standards.
(b)
Other requirements.
(c)
In-use useful life and testing.
7583.
Standards for light-duty clean-fuel vehicles.
(a)
Exhaust standards for light-duty vehicles and certain light-duty trucks.
(b)
Exhaust standards for light-duty trucks of more than 3,750 lbs. LVW and up to 5,750 lbs. LVW and up to 6,000 lbs. GVWR.
(c)
Exhaust standards for light-duty trucks greater than 6,000 lbs. GVWR.
(d)
Flexible and dual-fuel vehicles.
(e)
Replacement by CARB standards.
(f)
Less stringent CARB standards.
(g)
Not applicable to heavy-duty vehicles.
7584.
Administration and enforcement as per California standards.
7585.
Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs).
(a)
Model years after 1997; combined NOx and NMHC standard.
(b)
Revised standards that are less stringent.
7586.
Centrally fueled fleets.
(a)
Fleet program required for certain nonattainment areas.
(b)
Phase-in of requirements.
(c)
Accelerated standard for light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles.
(d)
Choice of vehicles and fuel.
(e)
Availability of clean alternative fuel.
(f)
Credits.
(g)
Availability to public.
(h)
Transportation control measures.
7587.
Vehicle conversions.
(a)
Conversion of existing and new conventional vehicles to clean-fuel vehicles.
(b)
Regulations.
(c)
Enforcement.
(d)
Tampering.
(e)
Safety.
7588.
Federal agency fleets.
(a)
Additional provisions applicable.
(b)
Cost of vehicles to Federal agency.
(c)
Limitations on appropriations.
(d)
Vehicle costs.
(e)
Exemptions.
(f)
Acquisition requirement.
(g)
Authorization of appropriations.
7589.
California pilot test program.
(a)
Establishment.
(b)
Applicability.
(c)
Program requirements.
(d)
Credits for motor vehicle manufacturers.
(e)
Program evaluation.
(f)
Voluntary opt-in for other States.
7590.
General provisions.
(a)
State refueling facilities.
(b)
No production mandate.
(c)
Tank and fuel system safety.
(d)
Consultation with Department of Energy and Department of Transportation.
SUBCHAPTER III-GENERAL PROVISIONS
7601.
Administration.
(a)
Regulations; delegation of powers and duties; regional officers and employees.
(b)
Detail of Environmental Protection Agency personnel to air pollution control agencies.
(c)
Payments under grants; installments; advances or reimbursements.
(d)
Tribal authority.
7602.
Definitions.
7603.
Emergency powers.
7604.
Citizen suits.
(a)
Authority to bring civil action; jurisdiction.
(b)
Notice.
(c)
Venue; intervention by Administrator; service of complaint; consent judgment.
(d)
Award of costs; security.
(e)
Nonrestriction of other rights.
(f)
"Emission standard or limitation under this chapter" defined.
(g)
Penalty fund.
7605.
Representation in litigation.
(a)
Attorney General; attorneys appointed by Administrator.
(b)
Memorandum of understanding regarding legal representation.
7606.
Federal procurement.
(a)
Contracts with violators prohibited.
(b)
Notification procedures.
(c)
Federal agency contracts.
(d)
Exemptions; notification to Congress.
(e)
Annual report to Congress.
7607.
Administrative proceedings and judicial review.
(a)
Administrative subpenas; confidentiality; witnesses.
(b)
Judicial review.
(c)
Additional evidence.
(d)
Rulemaking.
(e)
Other methods of judicial review not authorized.
(f)
Costs.
(g)
Stay, injunction, or similar relief in proceedings relating to noncompliance penalties.
(h)
Public participation.
7608.
Mandatory licensing.
7609.
Policy review.
(a)
Environmental impact.
(b)
Unsatisfactory legislation, action, or regulation.
7610.
Other authority.
(a)
Authority and responsibilities under other laws not affected.
(b)
Nonduplication of appropriations.
7611.
Records and audit.
(a)
Recipients of assistance to keep prescribed records.
(b)
Audits.
7612.
Economic impact analyses.
(a)
Cost-benefit analysis.
(b)
Benefits.
(c)
Costs.
(d)
Initial report.
(e)
Biennial updates; future projections.
(f)
Appointment of Advisory Council on Clean Air Compliance Analysis.
(g)
Duties of Advisory Council.
7613.
Repealed.
7614.
Labor standards.
7615.
Separability.
7616.
Sewage treatment grants.
(a)
Construction.
(b)
Withholding, conditioning, or restriction of construction grants.
(c)
National Environmental Policy Act.
7617.
Economic impact assessment.
(a)
Notice of proposed rulemaking; substantial revisions.
(b)
Preparation of assessment by Administrator.
(c)
Analysis.
(d)
Extensiveness of assessment.
(e)
Limitations on construction of section.
(f)
Citizen suits.
(g)
Costs.
7618.
Repealed.
7619.
Air quality monitoring.
7620.
Standardized air quality modeling.
(a)
Conferences.
(b)
Conferees.
(c)
Comments; transcripts.
(d)
Promulgation and revision of regulations relating to air quality modeling.
7621.
Employment effects.
(a)
Continuous evaluation of potential loss or shifts of employment.
(b)
Request for investigation; hearings; record; report.
(c)
Subpenas; confidential information; witnesses; penalty.
(d)
Limitations on construction of section.
7622.
Employee protection.
(a)
Discharge or discrimination prohibited.
(b)
Complaint charging unlawful discharge or discrimination; investigation; order.
(c)
Review.
(d)
Enforcement of order by Secretary.
(e)
Enforcement of order by person on whose behalf order was issued.
(f)
Mandamus.
(g)
Deliberate violation by employee.
7623.
Repealed.
7624.
Cost of vapor recovery equipment.
(a)
Costs to be borne by owner of retail outlet.
(b)
Payment by lessee.
7625.
Vapor recovery for small business marketers of petroleum products.
(a)
Marketers of gasoline.
(b)
State requirements.
(c)
Refiners.
7625–1.
Exemptions for certain territories.
7625a.
Statutory construction.
7626.
Authorization of appropriations.
(a)
In general.
(b)
Grants for planning.
7627.
Air pollution from Outer Continental Shelf activities.
(a)
Applicable requirements for certain areas.
(b)
Requirements for other offshore areas.
(c)
Coastal waters.
SUBCHAPTER IV-NOISE POLLUTION
7641.
Noise abatement.
(a)
Office of Noise Abatement and Control.
(b)
Investigation techniques; report and recommendations.
(c)
Abatement of noise from Federal activities.
7642.
Authorization of appropriations.
SUBCHAPTER IV–A-ACID DEPOSITION CONTROL
7651.
Findings and purposes.
(a)
Findings.
(b)
Purposes.
7651a.
Definitions.
7651b.
Sulfur dioxide allowance program for existing and new units.
(a)
Allocations of annual allowances for existing and new units.
(b)
Allowance transfer system.
(c)
Interpollutant trading.
(d)
Allowance tracking system.
(e)
New utility units.
(f)
Nature of allowances.
(g)
Prohibition.
(h)
Competitive bidding for power supply.
(i)
Applicability of antitrust laws.
(j)
Public Utility Holding Company Act.
7651c.
Phase I sulfur dioxide requirements.
(a)
Emission limitations.
(b)
Substitutions.
(c)
Administrator's action on substitution proposals.
(d)
Eligible phase I extension units.
(e)
Allocation of allowances.
(f)
Energy conservation and renewable energy.
(g)
Conservation and renewable energy reserve.
(h)
Alternative allowance allocation for units in certain utility systems with optional baseline.
7651d.
Phase II sulfur dioxide requirements.
(a)
Applicability.
(b)
Units equal to, or above, 75 MWe and 1.20 lbs/mmBtu.
(c)
Coal or oil-fired units below 75 MWe and above 1.20 lbs/mmBtu.
(d)
Coal-fired units below 1.20 lbs/mmBtu.
(e)
Oil and gas-fired units equal to or greater than 0.60 lbs/mmBtu and less than 1.20 lbs/mmBtu.
(f)
Oil and gas-fired units less than 0.60 lbs/mmBtu.
(g)
Units that commence operation between 1986 and December 31, 1995.
(h)
Oil and gas-fired units less than 10 percent oil consumed.
(i)
Units in high growth States.
(j)
Certain municipally owned power plants.
7651e.
Allowances for States with emissions rates at or below 0.80 lbs/mmBtu.
(a)
Election of Governor.
(b)
Notification of Administrator.
(c)
Allowances after January 1, 2010.
7651f.
Nitrogen oxides emission reduction program.
(a)
Applicability.
(b)
Emission limitations.
(c)
Revised performance standards.
(d)
Alternative emission limitations.
(e)
Emissions averaging.
7651g.
Permits and compliance plans.
(a)
Permit program.
(b)
Compliance plan.
(c)
First phase permits.
(d)
Second phase permits.
(e)
New units.
(f)
Units subject to certain other limits.
(g)
Amendment of application and compliance plan.
(h)
Prohibition.
(i)
Multiple owners.
7651h.
Repowered sources.
(a)
Availability.
(b)
Extension.
(c)
Allowances.
(d)
Control requirements.
(e)
Expedited permitting.
(f)
Prohibition.
7651i.
Election for additional sources.
(a)
Applicability.
(b)
Establishment of baseline.
(c)
Emission limitations.
(d)
Process sources.
(e)
Allowances and permits.
(f)
Limitation.
(g)
Implementation.
(h)
Small diesel refineries.
7651j.
Excess emissions penalty.
(a)
Excess emissions penalty.
(b)
Excess emissions offset.
(c)
Penalty adjustment.
(d)
Prohibition.
(e)
Savings provision.
7651k.
Monitoring, reporting, and recordkeeping requirements.
(a)
Applicability.
(b)
First phase requirements.
(c)
Second phase requirements.
(d)
Unavailability of emissions data.
(e)
Prohibition.
7651l.
General compliance with other provisions.
7651m.
Enforcement.
7651n.
Clean coal technology regulatory incentives.
(a)
"Clean coal technology" defined.
(b)
Revised regulations for clean coal technology demonstrations.
(c)
Exemption for reactivation of very clean units.
7651o.
Contingency guarantee, auctions, reserve.
(a)
Definitions.
(b)
Special reserve of allowances.
(c)
Direct sales at $1,500 per ton.
(d)
Auction sales.
(e)
Changes in sales, auctions, and withholding.
(f)
Termination of auctions.
SUBCHAPTER V-PERMITS
7661.
Definitions.
7661a.
Permit programs.
(a)
Violations.
(b)
Regulations.
(c)
Single permit.
(d)
Submission and approval.
(e)
Suspension.
(f)
Prohibition.
(g)
Interim approval.
(h)
Effective date.
(i)
Administration and enforcement.
7661b.
Permit applications.
(a)
Applicable date.
(b)
Compliance plan.
(c)
Deadline.
(d)
Timely and complete applications.
(e)
Copies; availability.
7661c.
Permit requirements and conditions.
(a)
Conditions.
(b)
Monitoring and analysis.
(c)
Inspection, entry, monitoring, certification, and reporting.
(d)
General permits.
(e)
Temporary sources.
(f)
Permit shield.
7661d.
Notification to administrator and contiguous States.
(a)
Transmission and notice.
(b)
Objection by EPA.
(c)
Issuance or denial.
(d)
Waiver of notification requirements.
(e)
Refusal of permitting authority to terminate, modify, or revoke and reissue.
7661e.
Other authorities.
(a)
In general.
(b)
Permits implementing acid rain provisions.
7661f.
Small business stationary source technical and environmental compliance assistance program.
(a)
Plan revisions.
(b)
Program.
(c)
Eligibility.
(d)
Monitoring.
(e)
Compliance Advisory Panel.
(f)
Fees.
(g)
Continuous emission monitors.
(h)
Control technique guidelines.
SUBCHAPTER VI-STRATOSPHERIC OZONE PROTECTION
7671.
Definitions.
7671a.
Listing of class I and class II substances.
(a)
List of class I substances.
(b)
List of class II substances.
(c)
Additions to the lists.
(d)
New listed substances.
(e)
Ozone-depletion and global warming potential.
7671b.
Monitoring and reporting requirements.
(a)
Regulations.
(b)
Production, import, and export level reports.
(c)
Baseline reports for class I substances.
(d)
Monitoring and reports to Congress.
(e)
Technology status report in 2015.
(f)
Emergency report.
7671c.
Phase-out of production and consumption of class I substances.
(a)
Production phase-out.
(b)
Termination of production of class I substances.
(c)
Regulations regarding production and consumption of class I substances.
(d)
Exceptions for essential uses of methyl chloroform, medical devices, and aviation safety.
(e)
Developing countries.
(f)
National security.
(g)
Fire suppression and explosion prevention.
(h)
Methyl bromide.
7671d.
Phase-out of production and consumption of class II substances.
(a)
Restriction of use of class II substances.
(b)
Production phase-out.
(c)
Regulations regarding production and consumption of class II substances.
(d)
Exceptions.
7671e.
Accelerated schedule.
(a)
In general.
(b)
Petition.
7671f.
Exchange authority.
(a)
Transfers.
(b)
Interpollutant transfers.
(c)
Trades with other persons.
(d)
Consumption.
7671g.
National recycling and emission reduction program.
(a)
In general.
(b)
Safe disposal.
(c)
Prohibitions.
7671h.
Servicing of motor vehicle air conditioners.
(a)
Regulations.
(b)
Definitions.
(c)
Servicing motor vehicle air conditioners.
(d)
Certification.
(e)
Small containers of class I or class II substances.
7671i.
Nonessential products containing chlorofluorocarbons.
(a)
Regulations.
(b)
Nonessential products.
(c)
Effective date.
(d)
Other products.
(e)
Medical devices.
7671j.
Labeling.
(a)
Regulations.
(b)
Containers containing class I or class II substances and products containing class I substances.
(c)
Products containing class II substances.
(d)
Products manufactured with class I and class II substances.
(e)
Petitions.
(f)
Relationship to other law.
7671k.
Safe alternatives policy.
(a)
Policy.
(b)
Reviews and reports.
(c)
Alternatives for class I or II substances.
(d)
Right to petition.
(e)
Studies and notification.
7671l.
Federal procurement.
7671m.
Relationship to other laws.
(a)
State laws.
(b)
Montreal Protocol.
(c)
Technology export and overseas investment.
7671n.
Authority of Administrator.
7671o.
Transfers among Parties to Montreal Protocol.
(a)
In general.
(b)
Effect of transfers on production limits.
(c)
Regulations.
(d)
"Applicable domestic law" defined.
7671p.
International cooperation.
(a)
In general.
(b)
Assistance to developing countries.
7671q.
Miscellaneous provisions.
Codification
Act July 14, 1955, ch. 360,
Chapter Referred to in Other Sections
This chapter is referred to in sections 2022, 4363a, 4365, 4905, 6211, 6901, 6905, 6907, 6949, 7273, 8302, 8402, 8411, 9621, 13257, 13260, 13369 of this title; title 10 section 2704; title 15 sections 793, 798, 2080, 2617, 2706, 3801; title 16 sections 410aaa–59, 460ii–4, 460lll, 1456; title 18 section 2721; title 23 sections 104, 134, 135, 149; title 26 section 169; title 29 section 1662e; title 30 sections 201, 1251, 1253, 1292, 1303; title 33 sections 1345, 1502, 1503; title 43 section 1334; title 49 sections 5303, 5305, 5309, 5323, 5335, 5506, 26101, 47102.