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    42 USC CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL    01/02/2006

-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.    
                  (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)  Renewable fuel program.                        
                  (q)  Analyses of motor vehicle fuel changes and
                        emissions model.                              
                  (r)  Fuel and fuel additive importers and
                        importation.                                  
                  (r)  Conversion assistance for cellulosic biomass,
                        waste-derived ethanol, approved renewable
                        fuels.                                        
                  (s)  Blending of compliant reformulated gasolines.  
    7546.       Renewable fuel.                                       
                  (a)  Definitions.                                   
                  (b)  Cellulosic biomass ethanol and municipal solid
                        waste loan guarantee program.                 
                  (c)  Authorization of appropriations for resource
                        center.                                       
                  (d)  Renewable fuel production research and
                        development grants.                           
                  (e)  Cellulosic biomass ethanol conversion
                        assistance.                                   
    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.       Omitted.                                              
    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.          
    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)  Omitted.                                       
                  (f)  Appointment of Advisory Council on Clean Air
                        Compliance Analysis.                          
                  (g)  Duties of Advisory Council.                    
    7613.       Repealed.                                             
    7614.       Labor standards.                                      
    7615.       Separability.                                         
    7616.       Sewage treatment grants.                              
                  (a)  Construction.                                  
                  (b)  Withholding, conditioning, or restriction of
                        construction grants.                          
                  (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.                               
                  (a)  In general.                                    
                  (b)  Air quality monitoring data influenced by
                        exceptional events.                           
    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.                             

-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-

-CITE-
    42 USC SUBCHAPTER I - PROGRAMS AND ACTIVITIES               01/02/2006

-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        01/02/2006

-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                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - PROGRAMS AND ACTIVITIES
    Part A - Air Quality and Emission Limitations

-HEAD-
    Sec. 7401. Congressional findings and declaration of purpose

-STATUTE-
    (a) Findings
      The Congress finds - 
        (1) that the predominant part of the Nation's population is
      located in its rapidly expanding metropolitan and other urban
      areas, which generally cross the boundary lines of local
      jurisdictions and often extend into two or more States;
        (2) that the growth in the amount and complexity of air
      pollution brought about by urbanization, industrial development,
      and the increasing use of motor vehicles, has resulted in
      mounting dangers to the public health and welfare, including
      injury to agricultural crops and livestock, damage to and the
      deterioration of property, and hazards to air and ground
      transportation;
        (3) that air pollution prevention (that is, the reduction or
      elimination, through any measures, of the amount of pollutants
      produced or created at the source) and air pollution control at
      its source is the primary responsibility of States and local
      governments; and
        (4) that Federal financial assistance and leadership is
      essential for the development of cooperative Federal, State,
      regional, and local programs to prevent and control air
      pollution.
    (b) Declaration
      The purposes of this subchapter are - 
        (1) to protect and enhance the quality of the Nation's air
      resources so as to promote the public health and welfare and the
      productive capacity of its population;
        (2) to initiate and accelerate a national research and
      development program to achieve the prevention and control of air
      pollution;
        (3) to provide technical and financial assistance to State and
      local governments in connection with the development and
      execution of their air pollution prevention and control programs;
      and
        (4) to encourage and assist the development and operation of
      regional air pollution prevention and control programs.
    (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                                            01/02/2006

-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                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - PROGRAMS AND ACTIVITIES
    Part A - Air Quality and Emission Limitations

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

-STATUTE-
    (a) Research and development program for prevention and control of
      air pollution
      The Administrator shall establish a national research and
    development program for the prevention and control of air pollution
    and as part of such program shall - 
        (1) conduct, and promote the coordination and acceleration of,
      research, investigations, experiments, demonstrations, surveys,
      and studies relating to the causes, effects (including health and
      welfare effects), extent, prevention, and control of air
      pollution;
        (2) encourage, cooperate with, and render technical services
      and provide financial assistance to air pollution control
      agencies and other appropriate public or private agencies,
      institutions, and organizations, and individuals in the conduct
      of such activities;
        (3) conduct investigations and research and make surveys
      concerning any specific problem of air pollution in cooperation
      with any air pollution control agency with a view to recommending
      a solution of such problem, if he is requested to do so by such
      agency or if, in his judgment, such problem may affect any
      community or communities in a State other than that in which the
      source of the matter causing or contributing to the pollution is
      located;
        (4) establish technical advisory committees composed of
      recognized experts in various aspects of air pollution to assist
      in the examination and evaluation of research progress and
      proposals and to avoid duplication of research; and
        (5) conduct and promote coordination and acceleration of
      training for individuals relating to the causes, effects, extent,
      prevention, and control of air pollution.
    (b) Authorized activities of Administrator in establishing research
      and development program
      In carrying out the provisions of the preceding subsection the
    Administrator is authorized to - 
        (1) collect and make available, through publications and other
      appropriate means, the results of and other information,
      including appropriate recommendations by him in connection
      therewith, pertaining to such research and other activities;
        (2) cooperate with other Federal departments and agencies, with
      air pollution control agencies, with other public and private
      agencies, institutions, and organizations, and with any
      industries involved, in the preparation and conduct of such
      research and other activities;
        (3) make grants to air pollution control agencies, to other
      public or nonprofit private agencies, institutions, and
      organizations, and to individuals, for purposes stated in
      subsection (a)(1) of this section;
        (4) contract with public or private agencies, institutions, and
      organizations, and with individuals, without regard to section
      3324(a) and (b) of title 31 and section 5 of title 41;
        (5) establish and maintain research fellowships, in the
      Environmental Protection Agency and at public or nonprofit
      private educational institutions or research organizations;
        (6) collect and disseminate, in cooperation with other Federal
      departments and agencies, and with other public or private
      agencies, institutions, and organizations having related
      responsibilities, basic data on chemical, physical, and
      biological effects of varying air quality and other information
      pertaining to air pollution and the prevention and control
      thereof;
        (7) develop effective and practical processes, methods, and
      prototype devices for the prevention or control of air pollution;
      and
        (8) construct facilities, provide equipment, and employ staff
      as necessary to carry out this chapter.

    In carrying out the provisions of subsection (a) of this section,
    the Administrator shall provide training for, and make training
    grants to, personnel of air pollution control agencies and other
    persons with suitable qualifications and make grants to such
    agencies, to other public or nonprofit private agencies,
    institutions, and organizations for the purposes stated in
    subsection (a)(5) of this section. Reasonable fees may be charged
    for such training provided to persons other than personnel of air
    pollution control agencies but such training shall be provided to
    such personnel of air pollution control agencies without charge.
    (c) Air pollutant monitoring, analysis, modeling, and inventory
      research
      In carrying out subsection (a) of this section, the Administrator
    shall conduct a program of research, testing, and development of
    methods for sampling, measurement, monitoring, analysis, and
    modeling of air pollutants. Such program shall include the
    following elements:
        (1) Consideration of individual, as well as complex mixtures
      of, air pollutants and their chemical transformations in the
      atmosphere.
        (2) Establishment of a national network to monitor, collect,
      and compile data with quantification of certainty in the status
      and trends of air emissions, deposition, air quality, surface
      water quality, forest condition, and visibility impairment, and
      to ensure the comparability of air quality data collected in
      different States and obtained from different nations.
        (3) Development of improved methods and technologies for
      sampling, measurement, monitoring, analysis, and modeling to
      increase understanding of the sources of ozone percursors,(!1)
      ozone formation, ozone transport, regional influences on urban
      ozone, regional ozone trends, and interactions of ozone with
      other pollutants. Emphasis shall be placed on those techniques
      which - 

          (A) improve the ability to inventory emissions of volatile
        organic compounds and nitrogen oxides that contribute to urban
        air pollution, including anthropogenic and natural sources;
          (B) improve the understanding of the mechanism through which
        anthropogenic and biogenic volatile organic compounds react to
        form ozone and other oxidants; and
          (C) improve the ability to identify and evaluate region-
        specific prevention and control options for ozone pollution.

        (4) Submission of periodic reports to the Congress, not less
      than once every 5 years, which evaluate and assess the
      effectiveness of air pollution control regulations and programs
      using monitoring and modeling data obtained pursuant to this
      subsection.
    (d) Environmental health effects research
      (1) The Administrator, in consultation with the Secretary of
    Health and Human Services, shall conduct a research program on the
    short-term and long-term effects of air pollutants, including wood
    smoke, on human health. In conducting such research program the
    Administrator - 
        (A) shall conduct studies, including epidemiological, clinical,
      and laboratory and field studies, as necessary to identify and
      evaluate exposure to and effects of air pollutants on human
      health;
        (B) may utilize, on a reimbursable basis, the facilities of
      existing Federal scientific laboratories and research centers;
      and
        (C) shall consult with other Federal agencies to ensure that
      similar research being conducted in other agencies is coordinated
      to avoid duplication.

      (2) In conducting the research program under this subsection, the
    Administrator shall develop methods and techniques necessary to
    identify and assess the risks to human health from both routine and
    accidental exposures to individual air pollutants and combinations
    thereof. Such research program shall include the following
    elements:
        (A) The creation of an Interagency Task Force to coordinate
      such program. The Task Force shall include representatives of the
      National Institute for Environmental Health Sciences, the
      Environmental Protection Agency, the Agency for Toxic Substances
      and Disease Registry, the National Toxicology Program, the
      National Institute of Standards and Technology, the National
      Science Foundation, the Surgeon General, and the Department of
      Energy. This Interagency Task Force shall be chaired by a
      representative of the Environmental Protection Agency and shall
      convene its first meeting within 60 days after November 15, 1990.
        (B) An evaluation, within 12 months after November 15, 1990, of
      each of the hazardous air pollutants listed under section 7412(b)
      of this title, to decide, on the basis of available information,
      their relative priority for preparation of environmental health
      assessments pursuant to subparagraph (C). The evaluation shall be
      based on reasonably anticipated toxicity to humans and exposure
      factors such as frequency of occurrence as an air pollutant and
      volume of emissions in populated areas. Such evaluation shall be
      reviewed by the Interagency Task Force established pursuant to
      subparagraph (A).
        (C) Preparation of environmental health assessments for each of
      the hazardous air pollutants referred to in subparagraph (B),
      beginning 6 months after the first meeting of the Interagency
      Task Force and to be completed within 96 months thereafter. No
      fewer than 24 assessments shall be completed and published
      annually. The assessments shall be prepared in accordance with
      guidelines developed by the Administrator in consultation with
      the Interagency Task Force and the Science Advisory Board of the
      Environmental Protection Agency. Each such assessment shall
      include - 
          (i) an examination, summary, and evaluation of available
        toxicological and epidemiological information for the pollutant
        to ascertain the levels of human exposure which pose a
        significant threat to human health and the associated acute,
        subacute, and chronic adverse health effects;
          (ii) a determination of gaps in available information related
        to human health effects and exposure levels; and
          (iii) where appropriate, an identification of additional
        activities, including toxicological and inhalation testing,
        needed to identify the types or levels of exposure which may
        present significant risk of adverse health effects in humans.
    (e) Ecosystem research
      In carrying out subsection (a) of this section, the
    Administrator, in cooperation, where appropriate, with the Under
    Secretary of Commerce for Oceans and Atmosphere, the Director of
    the Fish and Wildlife Service, and the Secretary of Agriculture,
    shall conduct a research program to improve understanding of the
    short-term and long-term causes, effects, and trends of ecosystems
    damage from air pollutants on ecosystems. Such program shall
    include the following elements:
        (1) Identification of regionally representative and critical
      ecosystems for research.
        (2) Evaluation of risks to ecosystems exposed to air
      pollutants, including characterization of the causes and effects
      of chronic and episodic exposures to air pollutants and
      determination of the reversibility of those effects.
        (3) Development of improved atmospheric dispersion models and
      monitoring systems and networks for evaluating and quantifying
      exposure to and effects of multiple environmental stresses
      associated with air pollution.
        (4) Evaluation of the effects of air pollution on water
      quality, including assessments of the short-term and long-term
      ecological effects of acid deposition and other atmospherically
      derived pollutants on surface water (including wetlands and
      estuaries) and groundwater.
        (5) Evaluation of the effects of air pollution on forests,
      materials, crops, biological diversity, soils, and other
      terrestrial and aquatic systems exposed to air pollutants.
        (6) Estimation of the associated economic costs of ecological
      damage which have occurred as a result of exposure to air
      pollutants.

    Consistent with the purpose of this program, the Administrator may
    use the estuarine research reserves established pursuant to section
    1461 of title 16 to carry out this research.
    (f) Liquefied Gaseous Fuels Spill Test Facility
      (1) The Administrator, in consultation with the Secretary of
    Energy and the Federal Coordinating Council for Science,
    Engineering, and Technology, shall oversee an experimental and
    analytical research effort, with the experimental research to be
    carried out at the Liquefied Gaseous Fuels Spill Test Facility. In
    consultation with the Secretary of Energy, the Administrator shall
    develop a list of chemicals and a schedule for field testing at the
    Facility. Analysis of a minimum of 10 chemicals per year shall be
    carried out, with the selection of a minimum of 2 chemicals for
    field testing each year. Highest priority shall be given to those
    chemicals that would present the greatest potential risk to human
    health as a result of an accidental release - 
        (A) from a fixed site; or
        (B) related to the transport of such chemicals.

      (2) The purpose of such research shall be to - 
        (A) develop improved predictive models for atmospheric
      dispersion which at a minimum - 
          (i) describe dense gas releases in complex terrain including
        man-made structures or obstacles with variable winds;
          (ii) improve understanding of the effects of turbulence on
        dispersion patterns; and
          (iii) consider realistic behavior of aerosols by including
        physicochemical reactions with water vapor, ground deposition,
        and removal by water spray;

        (B) evaluate existing and future atmospheric dispersion models
      by - 
          (i) the development of a rigorous, standardized methodology
        for dense gas models; and
          (ii) the application of such methodology to current dense gas
        dispersion models using data generated from field experiments;
        and

        (C) evaluate the effectiveness of hazard mitigation and
      emergency response technology for fixed site and transportation
      related accidental releases of toxic chemicals.

    Models pertaining to accidental release shall be evaluated and
    improved periodically for their utility in planning and
    implementing evacuation procedures and other mitigative strategies
    designed to minimize human exposure to hazardous air pollutants
    released accidentally.
      (3) The Secretary of Energy shall make available to interested
    persons (including other Federal agencies and businesses) the use
    of the Liquefied Gaseous Fuels Spill Test Facility to conduct
    research and other activities in connection with the activities
    described in this subsection.
    (g) Pollution prevention and emissions control
      In carrying out subsection (a) of this section, the Administrator
    shall conduct a basic engineering research and technology program
    to develop, evaluate, and demonstrate nonregulatory strategies and
    technologies for air pollution prevention. Such strategies and
    technologies shall be developed with priority on those pollutants
    which pose a significant risk to human health and the environment,
    and with opportunities for participation by industry, public
    interest groups, scientists, and other interested persons in the
    development of such strategies and technologies. Such program shall
    include the following elements:
        (1) Improvements in nonregulatory strategies and technologies
      for preventing or reducing multiple air pollutants, including
      sulfur oxides, nitrogen oxides, heavy metals, PM-10 (particulate
      matter), carbon monoxide, and carbon dioxide, from stationary
      sources, including fossil fuel power plants. Such strategies and
      technologies shall include improvements in the relative cost
      effectiveness and long-range implications of various air
      pollutant reduction and nonregulatory control strategies such as
      energy conservation, including end-use efficiency, and fuel-
      switching to cleaner fuels. Such strategies and technologies
      shall be considered for existing and new facilities.
        (2) Improvements in nonregulatory strategies and technologies
      for reducing air emissions from area sources.
        (3) Improvements in nonregulatory strategies and technologies
      for preventing, detecting, and correcting accidental releases of
      hazardous air pollutants.
        (4) Improvements in nonregulatory strategies and technologies
      that dispose of tires in ways that avoid adverse air quality
      impacts.

    Nothing in this subsection shall be construed to authorize the
    imposition on any person of air pollution control requirements. The
    Administrator shall consult with other appropriate Federal agencies
    to ensure coordination and to avoid duplication of activities
    authorized under this subsection.
    (h) NIEHS studies
      (1) The Director of the National Institute of Environmental
    Health Sciences may conduct a program of basic research to
    identify, characterize, and quantify risks to human health from air
    pollutants. Such research shall be conducted primarily through a
    combination of university and medical school-based grants, as well
    as through intramural studies and contracts.
      (2) The Director of the National Institute of Environmental
    Health Sciences shall conduct a program for the education and
    training of physicians in environmental health.
      (3) The Director shall assure that such programs shall not
    conflict with research undertaken by the Administrator.
      (4) There are authorized to be appropriated to the National
    Institute of Environmental Health Sciences such sums as may be
    necessary to carry out the purposes of this subsection.
    (i) Coordination of research
      The Administrator shall develop and implement a plan for
    identifying areas in which activities authorized under this section
    can be carried out in conjunction with other Federal ecological and
    air pollution research efforts. The plan, which shall be submitted
    to Congress within 6 months after November 15, 1990, shall include -
     
        (1) an assessment of ambient monitoring stations and networks
      to determine cost effective ways to expand monitoring
      capabilities in both urban and rural environments;
        (2) a consideration of the extent of the feasibility and
      scientific value of conducting the research program under
      subsection (e) of this section to include consideration of the
      effects of atmospheric processes and air pollution effects; and
        (3) a methodology for evaluating and ranking pollution
      prevention technologies, such as those developed under subsection
      (g) of this section, in terms of their ability to reduce cost
      effectively the emissions of air pollutants and other airborne
      chemicals of concern.

    Not later than 2 years after November 15, 1990, and every 4 years
    thereafter, the Administrator shall report to Congress on the
    progress made in implementing the plan developed under this
    subsection, and shall include in such report any revisions of the
    plan.
    (j) Continuation of national acid precipitation assessment program
      (1) The acid precipitation research program set forth in the Acid
    Precipitation Act of 1980 [42 U.S.C. 8901 et seq.] shall be
    continued with modifications pursuant to this subsection.
      (2) The Acid Precipitation Task Force shall consist of the
    Administrator of the Environmental Protection Agency, the Secretary
    of Energy, the Secretary of the Interior, the Secretary of
    Agriculture, the Administrator of the National Oceanic and
    Atmospheric Administration, the Administrator of the National
    Aeronautics and Space Administration, and such additional members
    as the President may select. The President shall appoint a chairman
    for the Task Force from among its members within 30 days after
    November 15, 1990.
      (3) The responsibilities of the Task Force shall include the
    following:
        (A) Review of the status of research activities conducted to
      date under the comprehensive research plan developed pursuant to
      the Acid Precipitation Act of 1980 [42 U.S.C. 8901 et seq.], and
      development of a revised plan that identifies significant
      research gaps and establishes a coordinated program to address
      current and future research priorities. A draft of the revised
      plan shall be submitted by the Task Force to Congress within 6
      months after November 15, 1990. The plan shall be available for
      public comment during the 60 day period after its submission, and
      a final plan shall be submitted by the President to the Congress
      within 45 days after the close of the comment period.
        (B) Coordination with participating Federal agencies,
      augmenting the agencies' research and monitoring efforts and
      sponsoring additional research in the scientific community as
      necessary to ensure the availability and quality of data and
      methodologies needed to evaluate the status and effectiveness of
      the acid deposition control program. Such research and monitoring
      efforts shall include, but not be limited to - 
          (i) continuous monitoring of emissions of precursors of acid
        deposition;
          (ii) maintenance, upgrading, and application of models, such
        as the Regional Acid Deposition Model, that describe the
        interactions of emissions with the atmosphere, and models that
        describe the response of ecosystems to acid deposition; and
          (iii) analysis of the costs, benefits, and effectiveness of
        the acid deposition control program.

        (C) Publication and maintenance of a National Acid Lakes
      Registry that tracks the condition and change over time of a
      statistically representative sample of lakes in regions that are
      known to be sensitive to surface water acidification.
        (D) Submission every two years of a unified budget
      recommendation to the President for activities of the Federal
      Government in connection with the research program described in
      this subsection.
        (E) Beginning in 1992 and biennially thereafter, submission of
      a report to Congress describing the results of its investigations
      and analyses. The reporting of technical information about acid
      deposition shall be provided in a format that facilitates
      communication with policymakers and the public. The report shall
      include - 
          (i) actual and projected emissions and acid deposition
        trends;
          (ii) average ambient concentrations of acid deposition
        percursors (!2) and their transformation products;

          (iii) the status of ecosystems (including forests and surface
        waters), materials, and visibility affected by acid deposition;
          (iv) the causes and effects of such deposition, including
        changes in surface water quality and forest and soil
        conditions;
          (v) the occurrence and effects of episodic acidification,
        particularly with respect to high elevation watersheds; and
          (vi) the confidence level associated with each conclusion to
        aid policymakers in use of the information.

        (F) Beginning in 1996, and every 4 years thereafter, the report
      under subparagraph (E) shall include - 
          (i) the reduction in deposition rates that must be achieved
        in order to prevent adverse ecological effects; and
          (ii) the costs and benefits of the acid deposition control
        program created by subchapter IV-A of this chapter.
    (k) Air pollution conferences
      If, in the judgment of the Administrator, an air pollution
    problem of substantial significance may result from discharge or
    discharges into the atmosphere, the Administrator may call a
    conference concerning this potential air pollution problem to be
    held in or near one or more of the places where such discharge or
    discharges are occurring or will occur. All interested persons
    shall be given an opportunity to be heard at such conference,
    either orally or in writing, and shall be permitted to appear in
    person or by representative in accordance with procedures
    prescribed by the Administrator. If the Administrator finds, on the
    basis of the evidence presented at such conference, that the
    discharge or discharges if permitted to take place or continue are
    likely to cause or contribute to air pollution subject to abatement
    under this part, the Administrator shall send such findings,
    together with recommendations concerning the measures which the
    Administrator finds reasonable and suitable to prevent such
    pollution, to the person or persons whose actions will result in
    the discharge or discharges involved; to air pollution agencies of
    the State or States and of the municipality or municipalities where
    such discharge or discharges will originate; and to the interstate
    air pollution control agency, if any, in the jurisdictional area of
    which any such municipality is located. Such findings and
    recommendations shall be advisory only, but shall be admitted
    together with the record of the conference, as part of the
    proceedings under subsections (b), (c), (d), (e), and (f) of
    section 7408 of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title I, Sec. 103, formerly Sec. 3, as
    added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 394;
    renumbered Sec. 103 and amended Pub. L. 89-272, title I, Secs.
    101(3), 103, Oct. 20, 1965, 79 Stat. 992, 996; Pub. L. 90-148, Sec.
    2, Nov. 21, 1967, 81 Stat. 486; Pub. L. 91-604, Secs. 2(a), 4(2),
    15(a)(2), (c)(2), Dec. 31, 1970, 84 Stat. 1676, 1689, 1710, 1713;
    Pub. L. 95-95, title I, Sec. 101(a), (b), Aug. 7, 1977, 91 Stat.
    686, 687; Pub. L. 101-549, title IX, Sec. 901(a)-(c), Nov. 15,
    1990, 104 Stat. 2700-2703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Acid Precipitation Act of 1980, referred to in subsec.
    (j)(1), (3)(A), is title VII of Pub. L. 96-294, June 30, 1980, 94
    Stat. 770, which is classified generally to chapter 97 (Sec. 8901
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 8901 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (b)(4), "section 3324(a) and (b) of title 31"
    substituted for reference to section 3648 of the Revised Statutes
    (31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.
    13, 1982, 96 Stat. 1067, the first section of which enacted Title
    31, Money and Finance.
      Section was formerly classified to section 1857b of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in subsec. (a)(3) of this section
    were contained in subsec. (a) of a prior section 1857b of this
    title, act July 14, 1955, ch. 360, Sec. 3, 69 Stat. 322, as amended
    Oct. 9, 1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760, prior to the
    general amendment of this chapter by Pub. L. 88-206.
      Provisions similar to those in this section were contained in
    prior sections 1857a to 1857d of this title, act July 14, 1955, ch.
    360, Secs. 2 to 5, 69 Stat. 322 (section 1857b as amended Oct. 9,
    1962, Pub. L. 87-761, Sec. 2, 76 Stat. 760; section 1857d as
    amended Sept. 22, 1959, Pub. L. 86-365, Sec. 1, 73 Stat. 646 and
    Oct. 9, 1962, Pub. L. 87-761, Sec. 1, 76 Stat. 760), prior to the
    general amendment of this chapter by Pub. L. 88-206.

                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 901(a)(1), inserted
    "(including health and welfare effects)" after "effects".
      Subsec. (b)(8). Pub. L. 101-549, Sec. 901(a)(2), which directed
    amendment of subsec. (b) by adding par. (8) at end, was executed by
    adding par. (8) after par. (7) to reflect the probable intent of
    Congress.
      Subsecs. (c) to (f). Pub. L. 101-549, Sec. 901(b), amended
    subsecs. (c) to (f) generally, substituting present provisions for
    provisions which related to: in subsec. (c), results of other
    scientific studies; in subsec. (d), construction of facilities; in
    subsec. (e), potential air pollution problems, conferences, and
    findings and recommendations of the Administrator; and, in subsec.
    (f), accelerated research programs.
      Subsecs. (g) to (k). Pub. L. 101-549, Sec. 901(c), added subsecs.
    (g) to (k).
      1977 - Subsec. (a). Pub. L. 95-95, Sec. 101(b), struck out
    reference to "training" in par. (1) and added par. (5).
      Subsec. (b). Pub. L. 95-95, Sec. 101(a), struck out par. (5)
    which provided for training and training grants to personnel of air
    pollution control agencies and other persons with suitable
    qualifications, redesignated pars. (6), (7), and (8) as (5), (6),
    and (7), respectively, and, following par. (7) as so redesignated,
    inserted provisions directing the Administrator, in carrying out
    subsec. (a), to provide training for, and make training grants to,
    personnel of air pollution control agencies and other persons with
    suitable qualifications and to make grants to such agencies, to
    other public or nonprofit private agencies, institutions, and
    organizations for the purposes stated in subsec. (a)(5) and
    allowing reasonable fees to be charged for such training provided
    to persons other than personnel of air pollution control agencies
    but requiring that such training be provided to such personnel of
    air pollution control agencies without charge.
      1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary".
      Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary" and "Environmental Protection
    Agency" for "Department of Health, Education, and Welfare".
      Subsec. (c). Pub. L. 91-604, Sec. 15(a)(2), (c)(2), substituted
    "Administrator" for "Secretary" and "air pollutants" for "air
    pollution agents (or combinations of agents)".
      Subsec. (d). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary".
      Subsec. (e). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary" wherever appearing, substituted
    "7415" for "7415(a)", and inserted references to subsecs. (b) and
    (c) of section 7415 of this title.
      Subsec. (f). Pub. L. 91-604, Sec. 2(a), added subsec. (f).
      1967 - Subsec. (a). Pub. L. 90-148 substituted "establish
    technical advisory committees composed of recognized experts in
    various aspects of air pollution to assist in the examination and
    evaluation of research progress and proposals and to avoid
    duplication of research" for "initiate and conduct a program of
    research directed toward the development of improved, low-cost
    techniques for extracting sulfur from fuels" as cl. (4) and struck
    out cl. (5) which related to research programs relating to the
    control of hydrocarbon emissions from evaporation of gasoline and
    nitrogen and aldehyde oxide emission from gasoline and diesel
    powered vehicles and relating to the development of improved low-
    cost techniques to reduce emissions of oxides of sulfur produced
    by the combustion of sulfur-containing fuels.
      Subsec. (c). Pub. L. 90-148 struck out provision for promulgation
    of criteria in the case of particular air pollution agents present
    in the air in certain quantities reflecting the latest scientific
    knowledge and allowing for availability and revision and provided
    for recommendation by Secretary of air quality criteria.
      Subsec. (e). Pub. L. 90-148 substituted references to subsections
    (d), (e), and (f) of section 7415 of this title for references to
    subsections (c), (d), and (e) of section 7415 of this title in
    provision for admission of advisory findings and recommendations
    together with the record of the conference and made such findings
    and recommendations part of the proceedings of the conference, not
    merely part of the record of proceedings.
      1965 - Subsec. (a)(5). Pub. L. 89-272, Sec. 103(3), added par.
    (5).
      Subsecs. (d), (e). Pub. L. 89-272, Sec. 103(4), added subsecs.
    (d) and (e).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (i) of this section requiring quadrennial reports to Congress and
    of reporting provisions in subsec. (j)(3)(E) and (F) of this
    section, see section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance, and the
    7th and 8th items on page 163 of House Document No. 103-7.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

                           PILOT DESIGN PROGRAMS                       
      Pub. L. 106-246, div. B, title II, Sec. 2603, July 13, 2000, 114
    Stat. 558, provided that:
      "(a) The Administrator of the Environmental Protection Agency
    shall make a grant for the purpose of carrying out the first year
    of a 2-year program to implement in five metropolitan areas pilot
    design programs developed under section 365(a)(2) of the Department
    of Transportation and Related Agencies Appropriations Act, 2000
    [Pub. L. 106-69] (113 Stat. 1028-1029).
      "(b) The Administrator shall ensure that each pilot design
    program is implemented in accordance with recommendations developed
    by the National Telecommuting and Air Quality Steering Committee,
    in consultation with the local design teams.
      "(c) Grants received under subsection (a) may be used for - 
        "(1) protocol development in the five metropolitan areas;
        "(2) marketing of the telecommute, emissions reduction,
      pollution credits strategy and recruitment of participating
      employers; and
        "(3) data gathering on emissions reductions.
      "(d) In addition to the grant under subsection (a), for the
    purpose of carrying out the second year of the 2-year program
    referred to in subsection (a), the Administrator shall - 
        "(1) make a grant of $750,000 to the National Environmental
      Policy Institute (a nonprofit private entity incorporated under
      the laws of and located in the District of Columbia); and
        "(2) make grants totaling $1,250,000 to local agencies within
      the five metropolitan areas referred to in subsection (a).
      "(e) Not later than 360 days from first day of the second year of
    the 2-year program referred to in subsection (a), the Administrator
    shall transmit to Congress a report on the results of the program.
      "(f) The Administrator shall carry out this section in
    collaboration with the Secretary of Transportation.
      "(g) There is appropriated to the Department of Transportation,
    'Office of the Assistant Secretary for Policy', $2,000,000 to carry
    out this section. Such amounts shall be transferred to and
    administered by the Environmental Protection Agency and shall
    remain available until expended: Provided, That the entire amount
    is designated by the Congress as an emergency requirement pursuant
    to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended [2 U.S.C. 901(b)(2)(A)]:
    Provided further, That the entire amount shall be available only to
    the extent an official budget request for a specific dollar amount,
    that includes designation of the entire amount of the request as an
    emergency requirement as defined by such Act, is transmitted by the
    President to the Congress."

                       NATIONAL ACID LAKES REGISTRY                   
      Section 405 of Pub. L. 101-549 provided that: "The Administrator
    of the Environmental Protection Agency shall create a National Acid
    Lakes Registry that shall list, to the extent practical, all lakes
    that are known to be acidified due to acid deposition, and shall
    publish such list within one year of the enactment of this Act
    [Nov. 15, 1990]. Lakes shall be added to the registry as they
    become acidic or as data becomes available to show they are acidic.
    Lakes shall be deleted from the registry as they become nonacidic."

      ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES  
      Section 901(e) of Pub. L. 101-549 directed Administrator of
    Environmental Protection Agency to conduct a study that compares
    international air pollution control technologies of selected
    industrialized countries to determine if there exist air pollution
    control technologies in countries outside the United States that
    may have beneficial applications to this Nation's air pollution
    control efforts, including, with respect to each country studied,
    the topics of urban air quality, motor vehicle emissions, toxic air
    emissions, and acid deposition, and within 2 years after Nov. 15,
    1990, submit to Congress a report detailing the results of such
    study.

                  WESTERN STATES ACID DEPOSITION RESEARCH              
      Section 901(g) of Pub. L. 101-549 provided that:
      "(1) The Administrator of the Environmental Protection Agency
    shall sponsor monitoring and research and submit to Congress annual
    and periodic assessment reports on - 
        "(A) the occurrence and effects of acid deposition on surface
      waters located in that part of the United States west of the
      Mississippi River;
        "(B) the occurrence and effects of acid deposition on high
      elevation ecosystems (including forests, and surface waters); and
        "(C) the occurrence and effects of episodic acidification,
      particularly with respect to high elevation watersheds.
      "(2) The Administrator of the Environmental Protection Agency
    shall analyze data generated from the studies conducted under
    paragraph (1), data from the Western Lakes Survey, and other
    appropriate research and utilize predictive modeling techniques
    that take into account the unique geographic, climatological, and
    atmospheric conditions which exist in the western United States to
    determine the potential occurrence and effects of acid deposition
    due to any projected increases in the emission of sulfur dioxide
    and nitrogen oxides in that part of the United States located west
    of the Mississippi River. The Administrator shall include the
    results of the project conducted under this paragraph in the
    reports issued to Congress under paragraph (1)."

    CONSULTATION WITH COMMITTEE ON SCIENCE OF HOUSE OF REPRESENTATIVES
      Section 101(c) of Pub. L. 95-95 provided that: "The Administrator
    of the Environmental Protection Agency shall consult with the House
    Committee on Science and Technology [now Committee on Science] on
    the environmental and atmospheric research, development, and
    demonstration aspects of this Act [see Short Title of 1977
    Amendment note set out under section 7401 of this title]. In
    addition, the reports and studies required by this Act that relate
    to research, development, and demonstration issues shall be
    transmitted to the Committee on Science and Technology [now
    Committee on Science] at the same time they are made available to
    other committees of the Congress."

      STUDY OF SUBSTANCES DISCHARGED FROM EXHAUSTS OF MOTOR VEHICLES  
      Pub. L. 86-493, June 8, 1960, 74 Stat. 162, directed Surgeon
    General of Public Health Service to conduct a thorough study for
    purposes of determining, with respect to the various substances
    discharged from exhausts of motor vehicles, the amounts and kinds
    of such substances which, from the standpoint of human health, it
    is safe for motor vehicles to discharge into the atmosphere under
    the various conditions under which such vehicles may operate, and,
    not later than two years after June 8, 1960, submit to Congress a
    report on results of the study, together with such recommendations,
    if any, based upon the findings made in such study, as he deemed
    necessary for the protection of the public health.

-FOOTNOTE-
    (!1) So in original. Probably should be "precursors,".

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

-End-

-CITE-
    42 USC Sec. 7404                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - PROGRAMS AND ACTIVITIES
    Part A - Air Quality and Emission Limitations

-HEAD-
    Sec. 7404. Research relating to fuels and vehicles

-STATUTE-
    (a) Research programs; grants; contracts; pilot and demonstration
      plants; byproducts research
      The Administrator shall give special emphasis to research and
    development into new and improved methods, having industry-wide
    application, for the prevention and control of air pollution
    resulting from the combustion of fuels. In furtherance of such
    research and development he shall - 
        (1) conduct and accelerate research programs directed toward
      development of improved, cost-effective techniques for - 
          (A) control of combustion byproducts of fuels,
          (B) removal of potential air pollutants from fuels prior to
        combustion,
          (C) control of emissions from the evaporation of fuels,
          (D) improving the efficiency of fuels combustion so as to
        decrease atmospheric emissions, and
          (E) producing synthetic or new fuels which, when used, result
        in decreased atmospheric emissions.(!1)

        (2) provide for Federal grants to public or nonprofit agencies,
      institutions, and organizations and to individuals, and contracts
      with public or private agencies, institutions, or persons, for
      payment of (A) part of the cost of acquiring, constructing, or
      otherwise securing for research and development purposes, new or
      improved devices or methods having industrywide application of
      preventing or controlling discharges into the air of various
      types of pollutants; (B) part of the cost of programs to develop
      low emission alternatives to the present internal combustion
      engine; (C) the cost to purchase vehicles and vehicle engines, or
      portions thereof, for research, development, and testing
      purposes; and (D) carrying out the other provisions of this
      section, without regard to section 3324(a) and (b) of title 31
      and section 5 of title 41: Provided, That research or
      demonstration contracts awarded pursuant to this subsection
      (including contracts for construction) may be made in accordance
      with, and subject to the limitations provided with respect to
      research contracts of the military departments in, section 2353
      of title 10, except that the determination, approval, and
      certification required thereby shall be made by the
      Administrator; Provided further, That no grant may be made under
      this paragraph in excess of $1,500,000;
        (3) determine, by laboratory and pilot plant testing, the
      results of air pollution research and studies in order to develop
      new or improved processes and plant designs to the point where
      they can be demonstrated on a large and practical scale;
        (4) construct, operate, and maintain, or assist in meeting the
      cost of the construction, operation, and maintenance of new or
      improved demonstration plants or processes which have promise of
      accomplishing the purposes of this chapter; (!2)

        (5) study new or improved methods for the recovery and
      marketing of commercially valuable byproducts resulting from the
      removal of pollutants.
    (b) Powers of Administrator in establishing research and
      development programs
      In carrying out the provisions of this section, the Administrator
    may - 
        (1) conduct and accelerate research and development of cost-
      effective instrumentation techniques to facilitate determination
      of quantity and quality of air pollutant emissions, including,
      but not limited to, automotive emissions;
        (2) utilize, on a reimbursable basis, the facilities of
      existing Federal scientific laboratories;
        (3) establish and operate necessary facilities and test sites
      at which to carry on the research, testing, development, and
      programming necessary to effectuate the purposes of this section;
        (4) acquire secret processes, technical data, inventions,
      patent applications, patents, licenses, and an interest in lands,
      plants, and facilities, and other property or rights by purchase,
      license, lease, or donation; and
        (5) cause on-site inspections to be made of promising domestic
      and foreign projects, and cooperate and participate in their
      development in instances in which the purposes of the chapter
      will be served thereby.
    (c) Clean alternative fuels
      The Administrator shall conduct a research program to identify,
    characterize, and predict air emissions related to the production,
    distribution, storage, and use of clean alternative fuels to
    determine the risks and benefits to human health and the
    environment relative to those from using conventional gasoline and
    diesel fuels. The Administrator shall consult with other Federal
    agencies to ensure coordination and to avoid duplication of
    activities authorized under this subsection.

-SOURCE-
    (July 14, 1955, ch. 360, title I, Sec. 104, as added Pub. L. 90-
    148, Sec. 2, Nov. 21, 1967, 81 Stat. 487; amended Pub. L. 91-137,
    Dec. 5, 1969, 83 Stat. 283; Pub. L. 91-604, Secs. 2(b), (c), 13(a),
    15(c)(2), Dec. 31, 1970, 84 Stat. 1676, 1677, 1709, 1713; Pub. L.
    93-15, Sec. 1(a), Apr. 9, 1973, 87 Stat. 11; Pub. L. 93-319, Sec.
    13(a), June 22, 1974, 88 Stat. 265; Pub. L. 101-549, title IX, Sec.
    901(d), Nov. 15, 1990, 104 Stat. 2706.)

-COD-
                               CODIFICATION                           
      In subsec. (a)(2), "section 3324(a) and (b) of title 31"
    substituted for reference to section 3648 of the Revised Statutes
    (31 U.S.C. 529) on authority of Pub. L. 97-258, Sec. 4(b), Sept.
    13, 1982, 96 Stat. 1067, the first section of which enacted Title
    31, Money and Finance.
      Section was formerly classified to section 1857b-1 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 104 of act July 14, 1955, was renumbered section
    105 by Pub. L. 90-148 and is classified to section 7405 of this
    title.

                                AMENDMENTS                            
      1990 - Subsecs. (a)(1), (b)(1). Pub. L. 101-549, Sec. 901(d)(1),
    substituted "cost-effective" for "low-cost".
      Subsec. (c). Pub. L. 101-549, Sec. 901(d)(2), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "For
    the purposes of this section there are authorized to be
    appropriated $75,000,000 for the fiscal year ending June 30, 1971,
    $125,000,000 for the fiscal year ending June 30, 1972, $150,000,000
    for the fiscal year ending June 30, 1973, and $150,000,000 for the
    fiscal year ending June 30, 1974, and $150,000,000 for the fiscal
    year ending June 30, 1975. Amounts appropriated pursuant to this
    subsection shall remain available until expended."
      1974 - Subsec. (c). Pub. L. 93-319 authorized appropriation of
    $150,000,000 for fiscal year ending June 30, 1975.
      1973 - Subsec. (c). Pub. L. 93-15 authorized appropriation of
    $150,000,000 for fiscal year ending June 30, 1974.
      1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary".
      Subsec. (a)(1). Pub. L. 91-604, Sec. 2(b), inserted provisions
    authorizing research programs directed toward development of
    techniques for improving the efficiency of fuels combustion so as
    to decrease atmospheric emissions, and producing synthetic or new
    fuels which result in decreased atmospheric emissions.
      Subsec. (a)(2). Pub. L. 91-604, Sec. 2(c), added cls. (B) and (C)
    and redesignated former cl. (B) as (D).
      Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary".
      Subsec. (c). Pub. L. 91-604, Sec. 13(a), substituted provisions
    authorizing appropriations for fiscal years ending June 30, 1971,
    1972, and 1973, for provisions authorizing appropriations for
    fiscal years ending June 30, 1968 and 1969.
      1969 - Subsec. (c). Pub. L. 91-137 authorized appropriation of
    $45,000,000 for fiscal year ending June 30, 1970.

             HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM         
      Section 807 of Pub. L. 101-549 provided that: "The Administrator
    of the Environmental Protection Agency, in conjunction with the
    National Aeronautics and Space Administration and the Department of
    Energy, shall conduct a study and test program on the development
    of a hydrogen fuel cell electric vehicle. The study and test
    program shall determine how best to transfer existing NASA hydrogen
    fuel cell technology into the form of a mass-producible, cost
    effective hydrogen fuel cell vehicle. Such study and test program
    shall include at a minimum a feasibility-design study, the
    construction of a prototype, and a demonstration. This study and
    test program should be completed and a report submitted to Congress
    within 3 years after the enactment of the Clean Air Act Amendments
    of 1990 [Nov. 15, 1990]. This study and test program should be
    performed in the university or universities which are best
    exhibiting the facilities and expertise to develop such a fuel cell
    vehicle."

               COMBUSTION OF CONTAMINATED USED OIL IN SHIPS           
      Section 813 of Pub. L. 101-549 provided that: "Within 2 years
    after the enactment of the Clean Air Act Amendments of 1990 [Nov.
    15, 1990], the Administrator of the Environmental Protection Agency
    shall complete a study and submit a report to Congress evaluating
    the health and environmental impacts of the combustion of
    contaminated used oil in ships, the reasons for using such oil for
    such purposes, the alternatives to such use, the costs of such
    alternatives, and other relevant factors and impacts. In preparing
    such study, the Administrator shall obtain the view and comments of
    all interested persons and shall consult with the Secretary of
    Transportation and the Secretary of the department in which the
    Coast Guard is operating."

    EXTENSION TO AUG. 31, 1970 OF AUTHORIZATION PERIOD FOR FISCAL YEAR
                                   1970
      Pub. L. 91-316, July 10, 1970, 84 Stat. 416, provided in part
    that the authorization contained in section 104(c) of the Clean Air
    Act [subsec. (c) of this section] for the fiscal year ending June
    30, 1970, should remain available through Aug. 31, 1970,
    notwithstanding any provisions of this section.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

               

    (!2) So in original. The word "and" probably should appear.

-End-

-CITE-
    42 USC Sec. 7405                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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
        PM<sub>2.5</sub> 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
        PM<sub>2.5</sub> 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 PM<sub>2.5</sub>, 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 PM<sub>2.5</sub> 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 PM<sub>2.5</sub>
      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 PM<sub>2.5</sub> 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 PM<sub>2.5</sub> monitoring network
    necessary to implement the national ambient air quality standards
    for PM<sub>2.5</sub> 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 PM<sub>2.5</sub>
    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 PM<sub>2.5</sub> 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
    PM<sub>2.5</sub> 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 PM<sub>2.5</sub> 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
    PM<sub>2.5</sub> 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 PM<sub>2.5</sub>
    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 PM<sub>2.5</sub>
      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 PM<sub>2.5</sub> 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                                            01/02/2006

-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 NO<sub>2</sub> 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 NO<sub>2</sub> 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                                            01/02/2006

-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 NO<sub>2</sub> 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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                                             
    --------------------------------------------------------------------
         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) X'CN where X = H' or any other group where a formal
    dissociation may occur. For example KCN or Ca(CN)<sub>2</sub>.
      (!2) Includes mono- and di- ethers of ethylene glycol, diethylene
    glycol, and triethylene glycol R-(OCH2CH2)<sub>n</sub>-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)<sub>n</sub>-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
    100&#186;<!-- degrees -->C.
      (!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 5 of title 41 to enter into contracts, leases,
      cooperative agreements or other transactions as may be necessary
      in the conduct of the duties and functions of the Board with any
      other agency, institution, or person.
        (O) After the effective date of any reporting requirement
      promulgated pursuant to subparagraph (C)(iii) it shall be
      unlawful for any person to fail to report any release of any
      extremely hazardous substance as required by such subparagraph.
      The Administrator is authorized to enforce any regulation or
      requirements established by the Board pursuant to subparagraph
      (C)(iii) using the authorities of sections 7413 and 7414 of this
      title. Any request for information from the owner or operator of
      a stationary source made by the Board or by the Administrator
      under this section shall be treated, for purposes of sections
      7413, 7414, 7416, 7420, 7603, 7604 and 7607 of this title and any
      other enforcement provisions of this chapter, as a request made
      by the Administrator under section 7414 of this title and may be
      enforced by the Chairperson of the Board or by the Administrator
      as provided in such section.
        (P) The Administrator shall provide to the Board such support
      and facilities as may be necessary for operation of the Board.
        (Q) Consistent with subsection (!8) (G) and section 7414(c) of
      this title any records, reports or information obtained by the
      Board shall be available to the Administrator, the Secretary of
      Labor, the Congress and the public, except that upon a showing
      satisfactory to the Board by any person that records, reports, or
      information, or particular part thereof (other than release or
      emissions data) to which the Board has access, if made public, is
      likely to cause substantial harm to the person's competitive
      position, the Board shall consider such record, report, or
      information or particular portion thereof confidential in
      accordance with section 1905 of title 18, except that such
      record, report, or information may be disclosed to other
      officers, employees, and authorized representatives of the United
      States concerned with carrying out this chapter or when relevant
      under any proceeding under this chapter. This subparagraph does
      not constitute authority to withhold records, reports, or
      information from the Congress.

        (R) Whenever the Board submits or transmits any budget
      estimate, budget request, supplemental budget request, or other
      budget information, legislative recommendation, prepared
      testimony for congressional hearings, recommendation or study to
      the President, the Secretary of Labor, the Administrator, or the
      Director of the Office of Management and Budget, it shall
      concurrently transmit a copy thereof to the Congress. No report
      of the Board shall be subject to review by the Administrator or
      any Federal agency or to judicial review in any court. No officer
      or agency of the United States shall have authority to require
      the Board to submit its budget requests or estimates, legislative
      recommendations, prepared testimony, comments, recommendations or
      reports to any officer or agency of the United States for
      approval or review prior to the submission of such
      recommendations, testimony, comments or reports to the Congress.
      In the performance of their functions as established by this
      chapter, the members, officers and employees of the Board shall
      not be responsible to or subject to supervision or direction, in
      carrying out any duties under this subsection, of any officer or
      employee or agent of the Environmental Protection Agency, the
      Department of Labor or any other agency of the United States
      except that the President may remove any member, officer or
      employee of the Board for inefficiency, neglect of duty or
      malfeasance in office. Nothing in this section shall affect the
      application of title 5 to officers or employees of the Board.
        (S) The Board shall submit an annual report to the President
      and to the Congress which shall include, but not be limited to,
      information on accidental releases which have been investigated
      by or reported to the Board during the previous year,
      recommendations for legislative or administrative action which
      the Board has made, the actions which have been taken by the
      Administrator or the Secretary of Labor or the heads of other
      agencies to implement such recommendations, an identification of
      priorities for study and investigation in the succeeding year,
      progress in the development of risk-reduction technologies and
      the response to and implementation of significant research
      findings on chemical safety in the public and private sector.
      (7) Accident prevention
        (A) In order to prevent accidental releases of regulated
      substances, the Administrator is authorized to promulgate release
      prevention, detection, and correction requirements which may
      include monitoring, record-keeping, reporting, training, vapor
      recovery, secondary containment, and other design, equipment,
      work practice, and operational requirements. Regulations
      promulgated under this paragraph may make distinctions between
      various types, classes, and kinds of facilities, devices and
      systems taking into consideration factors including, but not
      limited to, the size, location, process, process controls,
      quantity of substances handled, potency of substances, and
      response capabilities present at any stationary source.
      Regulations promulgated pursuant to this subparagraph shall have
      an effective date, as determined by the Administrator, assuring
      compliance as expeditiously as practicable.
        (B)(i) Within 3 years after November 15, 1990, the
      Administrator shall promulgate reasonable regulations and
      appropriate guidance to provide, to the greatest extent
      practicable, for the prevention and detection of accidental
      releases of regulated substances and for response to such
      releases by the owners or operators of the sources of such
      releases. The Administrator shall utilize the expertise of the
      Secretaries of Transportation and Labor in promulgating such
      regulations. As appropriate, such regulations shall cover the
      use, operation, repair, replacement, and maintenance of equipment
      to monitor, detect, inspect, and control such releases, including
      training of persons in the use and maintenance of such equipment
      and in the conduct of periodic inspections. The regulations shall
      include procedures and measures for emergency response after an
      accidental release of a regulated substance in order to protect
      human health and the environment. The regulations shall cover
      storage, as well as operations. The regulations shall, as
      appropriate, recognize differences in size, operations,
      processes, class and categories of sources and the voluntary
      actions of such sources to prevent such releases and respond to
      such releases. The regulations shall be applicable to a
      stationary source 3 years after the date of promulgation, or 3
      years after the date on which a regulated substance present at
      the source in more than threshold amounts is first listed under
      paragraph (3), whichever is later.
        (ii) The regulations under this subparagraph shall require the
      owner or operator of stationary sources at which a regulated
      substance is present in more than a threshold quantity to prepare
      and implement a risk management plan to detect and prevent or
      minimize accidental releases of such substances from the
      stationary source, and to provide a prompt emergency response to
      any such releases in order to protect human health and the
      environment. Such plan shall provide for compliance with the
      requirements of this subsection and shall also include each of
      the following:
          (I) a hazard assessment to assess the potential effects of an
        accidental release of any regulated substance. This assessment
        shall include an estimate of potential release quantities and a
        determination of downwind effects, including potential
        exposures to affected populations. Such assessment shall
        include a previous release history of the past 5 years,
        including the size, concentration, and duration of releases,
        and shall include an evaluation of worst case accidental
        releases;
          (II) a program for preventing accidental releases of
        regulated substances, including safety precautions and
        maintenance, monitoring and employee training measures to be
        used at the source; and
          (III) a response program providing for specific actions to be
        taken in response to an accidental release of a regulated
        substance so as to protect human health and the environment,
        including procedures for informing the public and local
        agencies responsible for responding to accidental releases,
        emergency health care, and employee training measures.

      At the time regulations are promulgated under this subparagraph,
      the Administrator shall promulgate guidelines to assist
      stationary sources in the preparation of risk management plans.
      The guidelines shall, to the extent practicable, include model
      risk management plans.
        (iii) The owner or operator of each stationary source covered
      by clause (ii) shall register a risk management plan prepared
      under this subparagraph with the Administrator before the
      effective date of regulations under clause (i) in such form and
      manner as the Administrator shall, by rule, require. Plans
      prepared pursuant to this subparagraph shall also be submitted to
      the Chemical Safety and Hazard Investigation Board, to the State
      in which the stationary source is located, and to any local
      agency or entity having responsibility for planning for or
      responding to accidental releases which may occur at such source,
      and shall be available to the public under section 7414(c) of
      this title. The Administrator shall establish, by rule, an
      auditing system to regularly review and, if necessary, require
      revision in risk management plans to assure that the plans comply
      with this subparagraph. Each such plan shall be updated
      periodically as required by the Administrator, by rule.
        (C) Any regulations promulgated pursuant to this subsection
      shall to the maximum extent practicable, consistent with this
      subsection, be consistent with the recommendations and standards
      established by the American Society of Mechanical Engineers
      (ASME), the American National Standards Institute (ANSI) or the
      American Society of Testing Materials (ASTM). The Administrator
      shall take into consideration the concerns of small business in
      promulgating regulations under this subsection.
        (D) In carrying out the authority of this paragraph, the
      Administrator shall consult with the Secretary of Labor and the
      Secretary of Transportation and shall coordinate any requirements
      under this paragraph with any requirements established for
      comparable purposes by the Occupational Safety and Health
      Administration or the Department of Transportation. Nothing in
      this subsection shall be interpreted, construed or applied to
      impose requirements affecting, or to grant the Administrator, the
      Chemical Safety and Hazard Investigation Board, or any other
      agency any authority to regulate (including requirements for
      hazard assessment), the accidental release of radionuclides
      arising from the construction and operation of facilities
      licensed by the Nuclear Regulatory Commission.
        (E) After the effective date of any regulation or requirement
      imposed under this subsection, it shall be unlawful for any
      person to operate any stationary source subject to such
      regulation or requirement in violation of such regulation or
      requirement. Each regulation or requirement under this subsection
      shall for purposes of sections 7413, 7414, 7416, 7420, 7604, and
      7607 of this title and other enforcement provisions of this
      chapter, be treated as a standard in effect under subsection (d)
      of this section.
        (F) Notwithstanding the provisions of subchapter V of this
      chapter or this section, no stationary source shall be required
      to apply for, or operate pursuant to, a permit issued under such
      subchapter solely because such source is subject to regulations
      or requirements under this subsection.
        (G) In exercising any authority under this subsection, the
      Administrator shall not, for purposes of section 653(b)(1) of
      title 29, be deemed to be exercising statutory authority to
      prescribe or enforce standards or regulations affecting
      occupational safety and health.
        (H) Public access to off-site consequence analysis information.
      - 
          (i) Definitions. - In this subparagraph:
            (I) Covered person. - The term "covered person" means - 
              (aa) an officer or employee of the United States;
              (bb) an officer or employee of an agent or contractor of
            the Federal Government;
              (cc) an officer or employee of a State or local
            government;
              (dd) an officer or employee of an agent or contractor of
            a State or local government;
              (ee) an individual affiliated with an entity that has
            been given, by a State or local government, responsibility
            for preventing, planning for, or responding to accidental
            releases;
              (ff) an officer or employee or an agent or contractor of
            an entity described in item (ee); and
              (gg) a qualified researcher under clause (vii).

            (II) Official use. - The term "official use" means an
          action of a Federal, State, or local government agency or an
          entity referred to in subclause (I)(ee) intended to carry out
          a function relevant to preventing, planning for, or
          responding to accidental releases.
            (III) Off-site consequence analysis information. - The term
          "off-site consequence analysis information" means those
          portions of a risk management plan, excluding the executive
          summary of the plan, consisting of an evaluation of 1 or more
          worst-case release scenarios or alternative release
          scenarios, and any electronic data base created by the
          Administrator from those portions.
            (IV) Risk management plan. - The term "risk management
          plan" means a risk management plan submitted to the
          Administrator by an owner or operator of a stationary source
          under subparagraph (B)(iii).

          (ii) Regulations. - Not later than 1 year after August 5,
        1999, the President shall - 
            (I) assess - 
              (aa) the increased risk of terrorist and other criminal
            activity associated with the posting of off-site
            consequence analysis information on the Internet; and
              (bb) the incentives created by public disclosure of off-
            site consequence analysis information for reduction in the
            risk of accidental releases; and

            (II) based on the assessment under subclause (I),
          promulgate regulations governing the distribution of off-site
          consequence analysis information in a manner that, in the
          opinion of the President, minimizes the likelihood of
          accidental releases and the risk described in subclause
          (I)(aa) and the likelihood of harm to public health and
          welfare, and - 
              (aa) allows access by any member of the public to paper
            copies of off-site consequence analysis information for a
            limited number of stationary sources located anywhere in
            the United States, without any geographical restriction;
              (bb) allows other public access to off-site consequence
            analysis information as appropriate;
              (cc) allows access for official use by a covered person
            described in any of items (cc) through (ff) of clause
            (i)(I) (referred to in this subclause as a "State or local
            covered person") to off-site consequence analysis
            information relating to stationary sources located in the
            person's State;
              (dd) allows a State or local covered person to provide,
            for official use, off-site consequence analysis information
            relating to stationary sources located in the person's
            State to a State or local covered person in a contiguous
            State; and
              (ee) allows a State or local covered person to obtain for
            official use, by request to the Administrator, off-site
            consequence analysis information that is not available to
            the person under item (cc).

          (iii) Availability under freedom of information act. - 
            (I) First year. - Off-site consequence analysis
          information, and any ranking of stationary sources derived
          from the information, shall not be made available under
          section 552 of title 5 during the 1-year period beginning on
          August 5, 1999.
            (II) After first year. - If the regulations under clause
          (ii) are promulgated on or before the end of the period
          described in subclause (I), off-site consequence analysis
          information covered by the regulations, and any ranking of
          stationary sources derived from the information, shall not be
          made available under section 552 of title 5 after the end of
          that period.
            (III) Applicability. - Subclauses (I) and (II) apply to off-
          site consequence analysis information submitted to the
          Administrator before, on, or after August 5, 1999.

          (iv) Availability of information during transition period. -
        The Administrator shall make off-site consequence analysis
        information available to covered persons for official use in a
        manner that meets the requirements of items (cc) through (ee)
        of clause (ii)(II), and to the public in a form that does not
        make available any information concerning the identity or
        location of stationary sources, during the period - 
            (I) beginning on August 5, 1999; and
            (II) ending on the earlier of the date of promulgation of
          the regulations under clause (ii) or the date that is 1 year
          after August 5, 1999.

          (v) Prohibition on unauthorized disclosure of information by
        covered persons. - 
            (I) In general. - Beginning on August 5, 1999, a covered
          person shall not disclose to the public off-site consequence
          analysis information in any form, or any statewide or
          national ranking of identified stationary sources derived
          from such information, except as authorized by this
          subparagraph (including the regulations promulgated under
          clause (ii)). After the end of the 1-year period beginning on
          August 5, 1999, if regulations have not been promulgated
          under clause (ii), the preceding sentence shall not apply.
            (II) Criminal penalties. - Notwithstanding section 7413 of
          this title, a covered person that willfully violates a
          restriction or prohibition established by this subparagraph
          (including the regulations promulgated under clause (ii))
          shall, upon conviction, be fined for an infraction under
          section 3571 of title 18 (but shall not be subject to
          imprisonment) for each unauthorized disclosure of off-site
          consequence analysis information, except that subsection (d)
          of such section 3571 shall not apply to a case in which the
          offense results in pecuniary loss unless the defendant knew
          that such loss would occur. The disclosure of off-site
          consequence analysis information for each specific stationary
          source shall be considered a separate offense. The total of
          all penalties that may be imposed on a single person or
          organization under this item shall not exceed $1,000,000 for
          violations committed during any 1 calendar year.
            (III) Applicability. - If the owner or operator of a
          stationary source makes off-site consequence analysis
          information relating to that stationary source available to
          the public without restriction - 
              (aa) subclauses (I) and (II) shall not apply with respect
            to the information; and
              (bb) the owner or operator shall notify the Administrator
            of the public availability of the information.

            (IV) List. - The Administrator shall maintain and make
          publicly available a list of all stationary sources that have
          provided notification under subclause (III)(bb).

          (vi) Notice. - The Administrator shall provide notice of the
        definition of official use as provided in clause (i)(III) and
        examples of actions that would and would not meet that
        definition, and notice of the restrictions on further
        dissemination and the penalties established by this chapter to
        each covered person who receives off-site consequence analysis
        information under clause (iv) and each covered person who
        receives off-site consequence analysis information for an
        official use under the regulations promulgated under clause
        (ii).
          (vii) Qualified researchers. - 
            (I) In general. - Not later than 180 days after August 5,
          1999, the Administrator, in consultation with the Attorney
          General, shall develop and implement a system for providing
          off-site consequence analysis information, including facility
          identification, to any qualified researcher, including a
          qualified researcher from industry or any public interest
          group.
            (II) Limitation on dissemination. - The system shall not
          allow the researcher to disseminate, or make available on the
          Internet, the off-site consequence analysis information, or
          any portion of the off-site consequence analysis information,
          received under this clause.

          (viii) Read-only information technology system. - In
        consultation with the Attorney General and the heads of other
        appropriate Federal agencies, the Administrator shall establish
        an information technology system that provides for the
        availability to the public of off-site consequence analysis
        information by means of a central data base under the control
        of the Federal Government that contains information that users
        may read, but that provides no means by which an electronic or
        mechanical copy of the information may be made.
          (ix) Voluntary industry accident prevention standards. - The
        Environmental Protection Agency, the Department of Justice, and
        other appropriate agencies may provide technical assistance to
        owners and operators of stationary sources and participate in
        the development of voluntary industry standards that will help
        achieve the objectives set forth in paragraph (1).
          (x) Effect on state or local law. - 
            (I) In general. - Subject to subclause (II), this
          subparagraph (including the regulations promulgated under
          this subparagraph) shall supersede any provision of State or
          local law that is inconsistent with this subparagraph
          (including the regulations).
            (II) Availability of information under state law. - Nothing
          in this subparagraph precludes a State from making available
          data on the off-site consequences of chemical releases
          collected in accordance with State law.

          (xi) Report. - 
            (I) In general. - Not later than 3 years after August 5,
          1999, the Attorney General, in consultation with appropriate
          State, local, and Federal Government agencies, affected
          industry, and the public, shall submit to Congress a report
          that describes the extent to which regulations promulgated
          under this paragraph have resulted in actions, including the
          design and maintenance of safe facilities, that are effective
          in detecting, preventing, and minimizing the consequences of
          releases of regulated substances that may be caused by
          criminal activity. As part of this report, the Attorney
          General, using available data to the extent possible, and a
          sampling of covered stationary sources selected at the
          discretion of the Attorney General, and in consultation with
          appropriate State, local, and Federal governmental agencies,
          affected industry, and the public, shall review the
          vulnerability of covered stationary sources to criminal and
          terrorist activity, current industry practices regarding site
          security, and security of transportation of regulated
          substances. The Attorney General shall submit this report,
          containing the results of the review, together with
          recommendations, if any, for reducing vulnerability of
          covered stationary sources to criminal and terrorist
          activity, to the Committee on Commerce of the United States
          House of Representatives and the Committee on Environment and
          Public Works of the United States Senate and other relevant
          committees of Congress.
            (II) Interim report. - Not later than 12 months after
          August 5, 1999, the Attorney General shall submit to the
          Committee on Commerce of the United States House of
          Representatives and the Committee on Environment and Public
          Works of the United States Senate, and other relevant
          committees of Congress, an interim report that includes, at a
          minimum - 
              (aa) the preliminary findings under subclause (I);
              (bb) the methods used to develop the findings; and
              (cc) an explanation of the activities expected to occur
            that could cause the findings of the report under subclause
            (I) to be different than the preliminary findings.

            (III) Availability of information. - Information that is
          developed by the Attorney General or requested by the
          Attorney General and received from a covered stationary
          source for the purpose of conducting the review under
          subclauses (I) and (II) shall be exempt from disclosure under
          section 552 of title 5 if such information would pose a
          threat to national security.

          (xii) Scope. - This subparagraph - 
            (I) applies only to covered persons; and
            (II) does not restrict the dissemination of off-site
          consequence analysis information by any covered person in any
          manner or form except in the form of a risk management plan
          or an electronic data base created by the Administrator from
          off-site consequence analysis information.

          (xiii) Authorization of appropriations. - There are
        authorized to be appropriated to the Administrator and the
        Attorney General such sums as are necessary to carry out this
        subparagraph (including the regulations promulgated under
        clause (ii)), to remain available until expended.
      (8) Research on hazard assessments
        The Administrator may collect and publish information on
      accident scenarios and consequences covering a range of possible
      events for substances listed under paragraph (3). The
      Administrator shall establish a program of long-term research to
      develop and disseminate information on methods and techniques for
      hazard assessment which may be useful in improving and validating
      the procedures employed in the preparation of hazard assessments
      under this subsection.
      (9) Order authority
        (A) In addition to any other action taken, when the
      Administrator determines that there may be an imminent and
      substantial endangerment to the human health or welfare or the
      environment because of an actual or threatened accidental release
      of a regulated substance, the Administrator may secure such
      relief as may be necessary to abate such danger or threat, and
      the district court of the United States in the district in which
      the threat occurs shall have jurisdiction to grant such relief as
      the public interest and the equities of the case may require. The
      Administrator may also, after notice to the State in which the
      stationary source is located, take other action under this
      paragraph including, but not limited to, issuing such orders as
      may be necessary to protect human health. The Administrator shall
      take action under section 7603 of this title rather than this
      paragraph whenever the authority of such section is adequate to
      protect human health and the environment.
        (B) Orders issued pursuant to this paragraph may be enforced in
      an action brought in the appropriate United States district court
      as if the order were issued under section 7603 of this title.
        (C) Within 180 days after November 15, 1990, the Administrator
      shall publish guidance for using the order authorities
      established by this paragraph. Such guidance shall provide for
      the coordinated use of the authorities of this paragraph with
      other emergency powers authorized by section 9606 of this title,
      sections 311(c), 308, 309 and 504(a) of the Federal Water
      Pollution Control Act [33 U.S.C. 1321(c), 1318, 1319, 1364(a)],
      sections 3007, 3008, 3013, and 7003 of the Solid Waste Disposal
      Act [42 U.S.C. 6927, 6928, 6934, 6973], sections 1445 and 1431 of
      the Safe Drinking Water Act [42 U.S.C. 300j-4, 300i], sections 5
      and 7 of the Toxic Substances Control Act [15 U.S.C. 2604, 2606],
      and sections 7413, 7414, and 7603 of this title.
      (10) Presidential review
        The President shall conduct a review of release prevention,
      mitigation and response authorities of the various Federal
      agencies and shall clarify and coordinate agency responsibilities
      to assure the most effective and efficient implementation of such
      authorities and to identify any deficiencies in authority or
      resources which may exist. The President may utilize the
      resources and solicit the recommendations of the Chemical Safety
      and Hazard Investigation Board in conducting such review. At the
      conclusion of such review, but not later than 24 months after
      November 15, 1990, the President shall transmit a message to the
      Congress on the release prevention, mitigation and response
      activities of the Federal Government making such recommendations
      for change in law as the President may deem appropriate. Nothing
      in this paragraph shall be interpreted, construed or applied to
      authorize the President to modify or reassign release prevention,
      mitigation or response authorities otherwise established by law.
      (11) State authority
        Nothing in this subsection shall preclude, deny or limit any
      right of a State or political subdivision thereof to adopt or
      enforce any regulation, requirement, limitation or standard
      (including any procedural requirement) that is more stringent
      than a regulation, requirement, limitation or standard in effect
      under this subsection or that applies to a substance not subject
      to this subsection.
    (s) Periodic report
      Not later than January 15, 1993 and every 3 years thereafter, the
    Administrator shall prepare and transmit to the Congress a
    comprehensive report on the measures taken by the Agency and by the
    States to implement the provisions of this section. The
    Administrator shall maintain a database on pollutants and sources
    subject to the provisions of this section and shall include
    aggregate information from the database in each annual report. The
    report shall include, but not be limited to - 
        (1) a status report on standard-setting under subsections (d)
      and (f) of this section;
        (2) information with respect to compliance with such standards
      including the costs of compliance experienced by sources in
      various categories and subcategories;
        (3) development and implementation of the national urban air
      toxics program; and
        (4) recommendations of the Chemical Safety and Hazard
      Investigation Board with respect to the prevention and mitigation
      of accidental releases.

-SOURCE-
    (July 14, 1955, ch. 360, title I, Sec. 112, as added Pub. L. 91-
    604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1685; amended Pub. L. 95-
    95, title I, Secs. 109(d)(2), 110, title IV, Sec. 401(c), Aug. 7,
    1977, 91 Stat. 701, 703, 791; Pub. L. 95-623, Sec. 13(b), Nov. 9,
    1978, 92 Stat. 3458; Pub. L. 101-549, title III, Sec. 301, Nov. 15,
    1990, 104 Stat. 2531; Pub. L. 102-187, Dec. 4, 1991, 105 Stat.
    1285; Pub. L. 105-362, title IV, Sec. 402(b), Nov. 10, 1998, 112
    Stat. 3283; Pub. L. 106-40, Secs. 2, 3(a), Aug. 5, 1999, 113 Stat.
    207, 208.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment, referred to in subsec. (a)(11), probably
    means the date of enactment of Pub. L. 101-549, which amended this
    section generally and was approved Nov. 15, 1990.
      The Atomic Energy Act, referred to in subsec. (d)(9), probably
    means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as
    added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and
    amended, which is classified generally to chapter 23 (Sec. 2011 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 2011 of this title
    and Tables.
      The Federal Water Pollution Control Act, referred to in subsecs.
    (e)(5) and (m)(1)(D), (5)(D), is act June 30, 1948, ch. 758, as
    amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
    Stat. 816, which is classified generally to chapter 26 (Sec. 1251
    et seq.) of Title 33, Navigation and Navigable Waters. Title II of
    the Act is classified generally to subchapter II (Sec. 1281 et
    seq.) of chapter 26 of Title 33. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.
      The Toxic Substances Control Act, referred to in subsec.
    (k)(3)(C), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as
    amended, which is classified generally to chapter 53 (Sec. 2601 et
    seq.) of Title 15, Commerce and Trade. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2601 of Title 15 and Tables.
      The Federal Insecticide, Fungicide and Rodenticide Act, referred
    to in subsec. (k)(3)(C), probably means the Federal Insecticide,
    Fungicide, and Rodenticide Act, act June 25, 1947, ch. 125, as
    amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973,
    which is classified generally to subchapter II (Sec. 136 et seq.)
    of chapter 6 of Title 7, Agriculture. For complete classification
    of this Act to the Code, see Short Title note set out under section
    136 of Title 7 and Tables.
      The Resource Conservation and Recovery Act, referred to in
    subsec. (k)(3)(C), probably means the Resource Conservation and
    Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,
    as amended, which is classified generally to chapter 82 (Sec. 6901
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title of 1976 Amendment note set out under
    section 6901 of this title and Tables.
      The Safe Drinking Water Act, referred to in subsec. (m)(1)(D),
    (5)(D), is title XIV of act July 1, 1944, as added Dec. 16, 1974,
    Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is
    classified generally to subchapter XII (Sec. 300f et seq.) of
    chapter 6A of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 201 of this
    title and Tables.
      The Solid Waste Disposal Act, referred to in subsec. (n)(7), is
    title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
    generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
    Subtitle C of the Act is classified generally to subchapter III
    (Sec. 6921 et seq.) of chapter 82 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 6901 of this title and Tables.
      Section 303 of the Clean Air Act Amendments of 1990, referred to
    in subsec. (o)(4), probably means section 303 of Pub. L. 101-549,
    which is set out below.
      The Clean Air Act Amendments of 1990, referred to in subsec.
    (q)(1)-(3), probably means Pub. L. 101-549, Nov. 15, 1990, 104
    Stat. 2399. For complete classification of this Act to the Code,
    see Short Title note set out under section 7401 of this title and
    Tables.
      The Emergency Planning and Community Right-To-Know Act of 1986,
    referred to in subsec. (r)(3), is title III of Pub. L. 99-499, Oct.
    17, 1986, 100 Stat. 1728, which is classified generally to chapter
    116 (Sec. 11001 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    11001 of this title and Tables.
      The Occupational Safety and Health Act, referred to in subsec.
    (r)(6)(C)(ii), (K), (L), probably means the Occupational Safety and
    Health Act of 1970, Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,
    as amended, which is classified principally to chapter 15 (Sec. 651
    et seq.) of Title 29, Labor. For complete classification of this
    Act to the Code, see Short Title note set out under section 651 of
    Title 29 and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857c-7 of this title.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (r)(2)(D). Pub. L. 106-40, Sec. 2(5), added
    subpar. (D).
      Subsec. (r)(4). Pub. L. 106-40, Sec. 2, substituted
    "Administrator - 
        "(A) shall consider - "
    for "Administrator shall consider each of the following criteria -
    " in introductory provisions, redesignated subpars. (A) to (C) as
    cls. (i) to (iii), respectively, of subpar. (A) and added subpar.
    (B).
      Subsec. (r)(7)(H). Pub. L. 106-40, Sec. 3(a), added subpar. (H).
      1998 - Subsec. (n)(2)(C). Pub. L. 105-362 substituted "On
    completion of the study, the Secretary shall submit to Congress a
    report on the results of the study and" for "The Secretary shall
    prepare annual reports to Congress on the status of the research
    program and at the completion of the study".
      1991 - Subsec. (b)(1). Pub. L. 102-187 struck out "7783064
    Hydrogen sulfide" from list of pollutants.
      1990 - Pub. L. 101-549 amended section generally, substituting
    present provisions for provisions which related to: in subsec. (a),
    definitions; in subsec. (b), list of hazardous air pollutants,
    emission standards, and pollution control techniques; in subsec.
    (c), prohibited acts and exemption; in subsec. (d), State
    implementation and enforcement; and in subsec. (e), design,
    equipment, work practice, and operational standards.
      1978 - Subsec. (e)(5). Pub. L. 95-623 added par. (5).
      1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 401(c), substituted
    "causes, or contributes to, air pollution which may reasonably be
    anticipated to result in an increase in mortality or an increase in
    serious irreversible, or incapacitating reversible, illness" for
    "may cause, or contribute to, an increase in mortality or an
    increase in serious irreversible, or incapacitating reversible,
    illness".
      Subsec. (d)(1). Pub. L. 95-95, Sec. 109(d)(2), struck out
    "(except with respect to stationary sources owned or operated by
    the United States)" after "implement and enforce such standards".
      Subsec. (e). Pub. L. 95-95, Sec. 110, added subsec. (e).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress. Committee on
    Commerce of House of Representatives changed to Committee on Energy
    and Commerce of House of Representatives, and jurisdiction over
    matters relating to securities and exchanges and insurance
    generally transferred to Committee on Financial Services of House
    of Representatives by House Resolution No. 5, One Hundred Seventh
    Congress, Jan. 3, 2001.

-MISC2-
                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which reports required under subsecs. (m)(5), (r)(6)(C)(ii), and
    (s) of this section are listed, respectively, as the 8th item on
    page 162, the 9th item on page 198, and the 9th item on page 162),
    see section 3003 of Pub. L. 104-66, as amended, set out as a note
    under section 1113 of Title 31, Money and Finance.

                      PENDING ACTIONS AND PROCEEDINGS                  
      Suits, actions, and other proceedings lawfully commenced by or
    against the Administrator or any other officer or employee of the
    United States in his official capacity or in relation to the
    discharge of his official duties under act July 14, 1955, the Clean
    Air Act, as in effect immediately prior to the enactment of Pub. L.
    95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
    of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
    an Effective Date of 1977 Amendment note under section 7401 of this
    title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-TRANS-
                          DELEGATION OF AUTHORITY                      
      Memorandum of President of the United States, Aug. 19, 1993, 58
    F.R. 52397, provided:
      Memorandum for the Administrator of the Environmental Protection
    Agency
      WHEREAS, the Environmental Protection Agency, the agencies and
    departments that are members of the National Response Team
    (authorized under Executive Order No. 12580, 52 Fed. Reg. 2923
    (1987) [42 U.S.C. 9615 note]), and other Federal agencies and
    departments undertake emergency release prevention, mitigation, and
    response activities pursuant to various authorities;
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    112(r)(10) of the Clean Air Act (the "Act") (section 7412(r)(10) of
    title 42 of the United States Code) and section 301 of title 3 of
    the United States Code, and in order to provide for the delegation
    of certain functions under the Act [42 U.S.C. 7401 et seq.], I
    hereby:
      (1) Authorize you, in coordination with agencies and departments
    that are members of the National Response Team and other
    appropriate agencies and departments, to conduct a review of
    release prevention, mitigation, and response authorities of Federal
    agencies in order to assure the most effective and efficient
    implementation of such authorities and to identify any deficiencies
    in authority or resources that may exist, to the extent such review
    is required by section 112(r)(10) of the Act; and
      (2) Authorize you, in coordination with agencies and departments
    that are members of the National Response Team and other
    appropriate agencies and departments, to prepare and transmit a
    message to the Congress concerning the release prevention,
    mitigation, and response activities of the Federal Government with
    such recommendations for change in law as you deem appropriate, to
    the extent such message is required by section 112(r)(10) of the
    Act.
      The authority delegated by this memorandum may be further
    redelegated within the Environmental Protection Agency.
      You are hereby authorized and directed to publish this memorandum
    in the Federal Register.
                                                     William J. Clinton.
      Memorandum of President of the United States, Jan. 27, 2000, 65
    F.R. 8631, provided:
      Memorandum for the Attorney General[, ] the Administrator of the
    Environmental Protection Agency[, and] the Director of the Office
    of Management and Budget
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including section
    112(r)(7)(H) of the Clean Air Act ("Act") (42 U.S.C.
    7412(r)(7)(H)), as added by section 3 of the Chemical Safety
    Information, Site Security and Fuels Regulatory Relief Act (Public
    Law 106-40), and section 301 of title 3, United States Code, I
    hereby delegate to:
      (1) the Attorney General the authority vested in the President
    under section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the
    increased risk of terrorist and other criminal activity associated
    with the posting of off-site consequence analysis information on
    the Internet;
      (2) the Administrator of the Environmental Protection Agency
    (EPA) the authority vested in the President under section
    112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created
    by public disclosure of off-site consequence analysis information
    for reduction in the risk of accidental releases; and
      (3) the Attorney General and the Administrator of EPA, jointly,
    the authority vested in the President under section
    112(r)(7)(H)(ii)(II) of the Act to promulgate regulations, based on
    these assessments, governing the distribution of off-site
    consequence analysis information. These regulations, in proposed
    and final form, shall be subject to review and approval by the
    Director of the Office of Management and Budget.
      The Administrator of EPA is authorized and directed to publish
    this memorandum in the Federal Register.
                                                     William J. Clinton.

-MISC3-
                                  REPORTS                              
      Pub. L. 106-40, Sec. 3(b), Aug. 5, 1999, 113 Stat. 213, provided
    that:
      "(1) Definition of accidental release. - In this subsection, the
    term 'accidental release' has the meaning given the term in section
    112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)).
      "(2) Report on status of certain amendments. - Not later than 2
    years after the date of enactment of this Act [Aug. 5, 1999], the
    Comptroller General of the United States shall submit to Congress a
    report on the status of the development of amendments to the
    National Fire Protection Association Code for Liquefied Petroleum
    Gas that will result in the provision of information to local
    emergency response personnel concerning the off-site effects of
    accidental releases of substances exempted from listing under
    section 112(r)(4)(B) of the Clean Air Act (as added by section 3).
      "(3) Report on compliance with certain information submission
    requirements. - Not later than 3 years after the date of enactment
    of this Act, the Comptroller General of the United States shall
    submit to Congress a report that - 
        "(A) describes the level of compliance with Federal and State
      requirements relating to the submission to local emergency
      response personnel of information intended to help the local
      emergency response personnel respond to chemical accidents or
      related environmental or public health threats; and
        "(B) contains an analysis of the adequacy of the information
      required to be submitted and the efficacy of the methods for
      delivering the information to local emergency response
      personnel."

                        REEVALUATION OF REGULATIONS                    
      Pub. L. 106-40, Sec. 3(c), Aug. 5, 1999, 113 Stat. 213, provided
    that: "The President shall reevaluate the regulations promulgated
    under this section within 6 years after the enactment of this Act
    [Aug. 5, 1999]. If the President determines not to modify such
    regulations, the President shall publish a notice in the Federal
    Register stating that such reevaluation has been completed and that
    a determination has been made not to modify the regulations. Such
    notice shall include an explanation of the basis of such decision."

                  PUBLIC MEETING DURING MORATORIUM PERIOD              
      Pub. L. 106-40, Sec. 4, Aug. 5, 1999, 113 Stat. 214, provided
    that:
      "(a) In General. - Not later than 180 days after the date of
    enactment of this Act [Aug. 5, 1999], each owner or operator of a
    stationary source covered by section 112(r)(7)(B)(ii) of the Clean
    Air Act [42 U.S.C. 7412(r)(7)(B)(ii)] shall convene a public
    meeting, after reasonable public notice, in order to describe and
    discuss the local implications of the risk management plan
    submitted by the stationary source pursuant to section
    112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the
    off-site consequence analysis portion of the plan. Two or more
    stationary sources may conduct a joint meeting. In lieu of
    conducting such a meeting, small business stationary sources as
    defined in section 507(c)(1) of the Clean Air Act [42 U.S.C.
    7661f(c)(1)] may comply with this section by publicly posting a
    summary of the off-site consequence analysis information for their
    facility not later than 180 days after the enactment of this Act.
    Not later than 10 months after the date of enactment of this Act,
    each such owner or operator shall send a certification to the
    director of the Federal Bureau of Investigation stating that such
    meeting has been held, or that such summary has been posted, within
    1 year prior to, or within 6 months after, the date of the
    enactment of this Act. This section shall not apply to sources that
    employ only Program 1 processes within the meaning of regulations
    promulgated under section 112(r)(7)(B)(i) of the Clean Air Act.
      "(b) Enforcement. - The Administrator of the Environmental
    Protection Agency may bring an action in the appropriate United
    States district court against any person who fails or refuses to
    comply with the requirements of this section, and such court may
    issue such orders, and take such other actions, as may be necessary
    to require compliance with such requirements."

                 RISK ASSESSMENT AND MANAGEMENT COMMISSION             
      Section 303 of Pub. L. 101-549 provided that:
      "(a) Establishment. - There is hereby established a Risk
    Assessment and Management Commission (hereafter referred to in this
    section as the 'Commission'), which shall commence proceedings not
    later than 18 months after the date of enactment of the Clean Air
    Act Amendments of 1990 [Nov. 15, 1990] and which shall make a full
    investigation of the policy implications and appropriate uses of
    risk assessment and risk management in regulatory programs under
    various Federal laws to prevent cancer and other chronic human
    health effects which may result from exposure to hazardous
    substances.
      "(b) Charge. - The Commission shall consider - 
        "(1) the report of the National Academy of Sciences authorized
      by section 112(o) of the Clean Air Act [42 U.S.C. 7412(o)], the
      use and limitations of risk assessment in establishing emission
      or effluent standards, ambient standards, exposure standards,
      acceptable concentration levels, tolerances or other
      environmental criteria for hazardous substances that present a
      risk of carcinogenic effects or other chronic health effects and
      the suitability of risk assessment for such purposes;
        "(2) the most appropriate methods for measuring and describing
      cancer risks or risks of other chronic health effects from
      exposure to hazardous substances considering such alternative
      approaches as the lifetime risk of cancer or other effects to the
      individual or individuals most exposed to emissions from a source
      or sources on both an actual and worst case basis, the range of
      such risks, the total number of health effects avoided by
      exposure reductions, effluent standards, ambient standards,
      exposures standards, acceptable concentration levels, tolerances
      and other environmental criteria, reductions in the number of
      persons exposed at various levels of risk, the incidence of
      cancer, and other public health factors;
        "(3) methods to reflect uncertainties in measurement and
      estimation techniques, the existence of synergistic or
      antagonistic effects among hazardous substances, the accuracy of
      extrapolating human health risks from animal exposure data, and
      the existence of unquantified direct or indirect effects on human
      health in risk assessment studies;
        "(4) risk management policy issues including the use of
      lifetime cancer risks to individuals most exposed, incidence of
      cancer, the cost and technical feasibility of exposure reduction
      measures and the use of site-specific actual exposure information
      in setting emissions standards and other limitations applicable
      to sources of exposure to hazardous substances; and
        "(5) and comment on the degree to which it is possible or
      desirable to develop a consistent risk assessment methodology, or
      a consistent standard of acceptable risk, among various Federal
      programs.
      "(c) Membership. - Such Commission shall be composed of ten
    members who shall have knowledge or experience in fields of risk
    assessment or risk management, including three members to be
    appointed by the President, two members to be appointed by the
    Speaker of the House of Representatives, one member to be appointed
    by the Minority Leader of the House of Representatives, two members
    to be appointed by the Majority Leader of the Senate, one member to
    be appointed by the Minority Leader of the Senate, and one member
    to be appointed by the President of the National Academy of
    Sciences. Appointments shall be made not later than 18 months after
    the date of enactment of the Clean Air Act Amendments of 1990 [Nov.
    15, 1990].
      "(d) Assistance from Agencies. - The Administrator of the
    Environmental Protection Agency and the heads of all other
    departments, agencies, and instrumentalities of the executive
    branch of the Federal Government shall, to the maximum extent
    practicable, assist the Commission in gathering such information as
    the Commission deems necessary to carry out this section subject to
    other provisions of law.
      "(e) Staff and Contracts. - 
        "(1) In the conduct of the study required by this section, the
      Commission is authorized to contract (in accordance with Federal
      contract law) with nongovernmental entities that are competent to
      perform research or investigations within the Commission's
      mandate, and to hold public hearings, forums, and workshops to
      enable full public participation.
        "(2) The Commission may appoint and fix the pay of such staff
      as it deems necessary in accordance with the provisions of title
      5, United States Code. The Commission may request the temporary
      assignment of personnel from the Environmental Protection Agency
      or other Federal agencies.
        "(3) The members of the Commission who are not officers or
      employees of the United States, while attending conferences or
      meetings of the Commission or while otherwise serving at the
      request of the Chair, shall be entitled to receive compensation
      at a rate not in excess of the maximum rate of pay for Grade GS-
      18, as provided in the General Schedule under section 5332 of
      title 5 of the United States Code, including travel time, and
      while away from their homes or regular places of business they
      may be allowed travel expenses, including per diem in lieu of
      subsistence as authorized by law for persons in the Government
      service employed intermittently.
      "(f) Report. - A report containing the results of all Commission
    studies and investigations under this section, together with any
    appropriate legislative recommendations or administrative
    recommendations, shall be made available to the public for comment
    not later than 42 months after the date of enactment of the Clean
    Air Act Amendments of 1990 [Nov. 15, 1990] and shall be submitted
    to the President and to the Congress not later than 48 months after
    such date of enactment. In the report, the Commission shall make
    recommendations with respect to the appropriate use of risk
    assessment and risk management in Federal regulatory programs to
    prevent cancer or other chronic health effects which may result
    from exposure to hazardous substances. The Commission shall cease
    to exist upon the date determined by the Commission, but not later
    than 9 months after the submission of such report.
      "(g) Authorization. - There are authorized to be appropriated
    such sums as are necessary to carry out the activities of the
    Commission established by this section."
      [References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.]

-FOOTNOTE-
    (!1) See References in Text note below.

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

    (!3) So in original. Probably should be "section".

    (!4) So in original. Probably should be "Right-To-Know".

    (!5) So in original. Probably should be paragraph "(7)(B)".

               

    (!6) So in original. The word "or" probably should appear.

    (!7) So in original. The word "Administrator" probably should be
         "Secretary".

    (!8) So in original. Probably should be "subparagraph".

-End-

-CITE-
    42 USC Sec. 7413                                            01/02/2006

-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                                            01/02/2006

-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) 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).(!2)

        (3) The (!3) 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)
    (!4) 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) The period probably should be "; and".

    (!3) So in original. Probably should not be capitalized.

    (!4) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7415                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                            01/02/2006

-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                                   01/02/2006

-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. Pub. L. 101-549, title VI, Sec. 601,
      Nov. 15, 1990, 104 Stat. 2648

-MISC1-
      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                        01/02/2006

-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                                01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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 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).

-End-

-CITE-
    42 USC Sec. 7477                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                   01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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    01/02/2006 

-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           01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                            01/02/2006

-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) 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,(!1) 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 (!2) 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                        
      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) So in original. Probably should be "paragraph (5),".

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "Notwithstanding".

-End-

-CITE-
    42 USC Sec. 7506a                                           01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                             01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                    01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                      01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                       01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                       01/02/2006

-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                                            01/02/2006

-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                                         01/02/2006

-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    01/02/2006 

-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                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7521. Emission standards for new motor vehicles or new motor
      vehicle engines

-STATUTE-
    (a) Authority of Administrator to prescribe by regulation
      Except as otherwise provided in subsection (b) of this section - 
      (1) The Administrator shall by regulation prescribe (and from
    time to time revise) in accordance with the provisions of this
    section, standards applicable to the emission of any air pollutant
    from any class or classes of new motor vehicles or new motor
    vehicle engines, which in his judgment cause, or contribute to, air
    pollution which may reasonably be anticipated to endanger public
    health or welfare. Such standards shall be applicable to such
    vehicles and engines for their useful life (as determined under
    subsection (d) of this section, relating to useful life of vehicles
    for purposes of certification), whether such vehicles and engines
    are designed as complete systems or incorporate devices to prevent
    or control such pollution.
      (2) Any regulation prescribed under paragraph (1) of this
    subsection (and any revision thereof) shall take effect after such
    period as the Administrator finds necessary to permit the
    development and application of the requisite technology, giving
    appropriate consideration to the cost of compliance within such
    period.
      (3)(A) In general. - (i) Unless the standard is changed as
    provided in subparagraph (B), regulations under paragraph (1) of
    this subsection applicable to emissions of hydrocarbons, carbon
    monoxide, oxides of nitrogen, and particulate matter from classes
    or categories of heavy-duty vehicles or engines manufactured during
    or after model year 1983 shall contain standards which reflect the
    greatest degree of emission reduction achievable through the
    application of technology which the Administrator determines will
    be available for the model year to which such standards apply,
    giving appropriate consideration to cost, energy, and safety
    factors associated with the application of such technology.
      (ii) In establishing classes or categories of vehicles or engines
    for purposes of regulations under this paragraph, the Administrator
    may base such classes or categories on gross vehicle weight,
    horsepower, type of fuel used, or other appropriate factors.
      (B) Revised standards for heavy duty trucks. - (i) On the basis
    of information available to the Administrator concerning the
    effects of air pollutants emitted from heavy-duty vehicles or
    engines and from other sources of mobile source related pollutants
    on the public health and welfare, and taking costs into account,
    the Administrator may promulgate regulations under paragraph (1) of
    this subsection revising any standard promulgated under, or before
    the date of, the enactment of the Clean Air Act Amendments of 1990
    (or previously revised under this subparagraph) and applicable to
    classes or categories of heavy-duty vehicles or engines.
      (ii) Effective for the model year 1998 and thereafter, the
    regulations under paragraph (1) of this subsection applicable to
    emissions of oxides of nitrogen (NOx) from gasoline and diesel-
    fueled heavy duty trucks shall contain standards which provide
    that such emissions may not exceed 4.0 grams per brake horsepower
    hour (gbh).
      (C) Lead time and stability. - Any standard promulgated or
    revised under this paragraph and applicable to classes or
    categories of heavy-duty vehicles or engines shall apply for a
    period of no less than 3 model years beginning no earlier than the
    model year commencing 4 years after such revised standard is
    promulgated.
      (D) Rebuilding practices. - The Administrator shall study the
    practice of rebuilding heavy-duty engines and the impact rebuilding
    has on engine emissions. On the basis of that study and other
    information available to the Administrator, the Administrator may
    prescribe requirements to control rebuilding practices, including
    standards applicable to emissions from any rebuilt heavy-duty
    engines (whether or not the engine is past its statutory useful
    life), which in the Administrator's judgment cause, or contribute
    to, air pollution which may reasonably be anticipated to endanger
    public health or welfare taking costs into account. Any regulation
    shall take effect after a period the Administrator finds necessary
    to permit the development and application of the requisite control
    measures, giving appropriate consideration to the cost of
    compliance within the period and energy and safety factors.
      (E) Motorcycles. - For purposes of this paragraph, motorcycles
    and motorcycle engines shall be treated in the same manner as heavy-
    duty vehicles and engines (except as otherwise permitted under
    section 7525(f)(1) (!1) of this title) unless the Administrator
    promulgates a rule reclassifying motorcycles as light-duty vehicles
    within the meaning of this section or unless the Administrator
    promulgates regulations under subsection (a) of this section
    applying standards applicable to the emission of air pollutants
    from motorcycles as a separate class or category. In any case in
    which such standards are promulgated for such emissions from
    motorcycles as a separate class or category, the Administrator, in
    promulgating such standards, shall consider the need to achieve
    equivalency of emission reductions between motorcycles and other
    motor vehicles to the maximum extent practicable.

      (4)(A) Effective with respect to vehicles and engines
    manufactured after model year 1978, no emission control device,
    system, or element of design shall be used in a new motor vehicle
    or new motor vehicle engine for purposes of complying with
    requirements prescribed under this subchapter if such device,
    system, or element of design will cause or contribute to an
    unreasonable risk to public health, welfare, or safety in its
    operation or function.
      (B) In determining whether an unreasonable risk exists under
    subparagraph (A), the Administrator shall consider, among other
    factors, (i) whether and to what extent the use of any device,
    system, or element of design causes, increases, reduces, or
    eliminates emissions of any unregulated pollutants; (ii) available
    methods for reducing or eliminating any risk to public health,
    welfare, or safety which may be associated with the use of such
    device, system, or element of design, and (iii) the availability of
    other devices, systems, or elements of design which may be used to
    conform to requirements prescribed under this subchapter without
    causing or contributing to such unreasonable risk. The
    Administrator shall include in the consideration required by this
    paragraph all relevant information developed pursuant to section
    7548 of this title.
      (5)(A) If the Administrator promulgates final regulations which
    define the degree of control required and the test procedures by
    which compliance could be determined for gasoline vapor recovery of
    uncontrolled emissions from the fueling of motor vehicles, the
    Administrator shall, after consultation with the Secretary of
    Transportation with respect to motor vehicle safety, prescribe, by
    regulation, fill pipe standards for new motor vehicles in order to
    insure effective connection between such fill pipe and any vapor
    recovery system which the Administrator determines may be required
    to comply with such vapor recovery regulations. In promulgating
    such standards the Administrator shall take into consideration
    limits on fill pipe diameter, minimum design criteria for nozzle
    retainer lips, limits on the location of the unleaded fuel
    restrictors, a minimum access zone surrounding a fill pipe, a
    minimum pipe or nozzle insertion angle, and such other factors as
    he deems pertinent.
      (B) Regulations prescribing standards under subparagraph (A)
    shall not become effective until the introduction of the model year
    for which it would be feasible to implement such standards, taking
    into consideration the restraints of an adequate leadtime for
    design and production.
      (C) Nothing in subparagraph (A) shall (i) prevent the
    Administrator from specifying different nozzle and fill neck sizes
    for gasoline with additives and gasoline without additives or (ii)
    permit the Administrator to require a specific location,
    configuration, modeling, or styling of the motor vehicle body with
    respect to the fuel tank fill neck or fill nozzle clearance
    envelope.
      (D) For the purpose of this paragraph, the term "fill pipe" shall
    include the fuel tank fill pipe, fill neck, fill inlet, and
    closure.
      (6) Onboard vapor recovery. - Within 1 year after November 15,
    1990, the Administrator shall, after consultation with the
    Secretary of Transportation regarding the safety of vehicle-based
    ("onboard") systems for the control of vehicle refueling emissions,
    promulgate standards under this section requiring that new light-
    duty vehicles manufactured beginning in the fourth model year
    after the model year in which the standards are promulgated and
    thereafter shall be equipped with such systems. The standards
    required under this paragraph shall apply to a percentage of each
    manufacturer's fleet of new light-duty vehicles beginning with the
    fourth model year after the model year in which the standards are
    promulgated. The percentage shall be as specified in the following
    table:

      IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY REQUIREMENTS  
    --------------------------------------------------------------------
                Model year commencing after                 Percentage* 
                   standards promulgated                                
    --------------------------------------------------------------------
    Fourth                                                            40
    Fifth                                                             80
    After Fifth                                                      100

      *Percentages in the table refer to a percentage of the
    manufacturer's sales volume.
    --------------------------------------------------------------------

    The standards shall require that such systems provide a minimum
    evaporative emission capture efficiency of 95 percent. The
    requirements of section 7511a(b)(3) of this title (relating to
    stage II gasoline vapor recovery) for areas classified under
    section 7511 of this title as moderate for ozone shall not apply
    after promulgation of such standards and the Administrator may, by
    rule, revise or waive the application of the requirements of such
    section 7511a(b)(3) of this title for areas classified under
    section 7511 of this title as Serious, Severe, or Extreme for
    ozone, as appropriate, after such time as the Administrator
    determines that onboard emissions control systems required under
    this paragraph are in widespread use throughout the motor vehicle
    fleet.
    (b) Emissions of carbon monoxide, hydrocarbons, and oxides of
      nitrogen; annual report to Congress; waiver of emission
      standards; research objectives
      (1)(A) The regulations under subsection (a) of this section
    applicable to emissions of carbon monoxide and hydrocarbons from
    light-duty vehicles and engines manufactured during model years
    1977 through 1979 shall contain standards which provide that such
    emissions from such vehicles and engines may not exceed 1.5 grams
    per vehicle mile of hydrocarbons and 15.0 grams per vehicle mile of
    carbon monoxide. The regulations under subsection (a) of this
    section applicable to emissions of carbon monoxide from light-duty
    vehicles and engines manufactured during the model year 1980 shall
    contain standards which provide that such emissions may not exceed
    7.0 grams per vehicle mile. The regulations under subsection (a) of
    this section applicable to emissions of hydrocarbons from light-
    duty vehicles and engines manufactured during or after model year
    1980 shall contain standards which require a reduction of at least
    90 percent from emissions of such pollutant allowable under the
    standards under this section applicable to light-duty vehicles and
    engines manufactured in model year 1970. Unless waived as provided
    in paragraph (5), regulations under subsection (a) of this section
    applicable to emissions of carbon monoxide from light-duty vehicles
    and engines manufactured during or after the model year 1981 shall
    contain standards which require a reduction of at least 90 percent
    from emissions of such pollutant allowable under the standards
    under this section applicable to light-duty vehicles and engines
    manufactured in model year 1970.
      (B) The regulations under subsection (a) of this section
    applicable to emissions of oxides of nitrogen from light-duty
    vehicles and engines manufactured during model years 1977 through
    1980 shall contain standards which provide that such emissions from
    such vehicles and engines may not exceed 2.0 grams per vehicle
    mile. The regulations under subsection (a) of this section
    applicable to emissions of oxides of nitrogen from light-duty
    vehicles and engines manufactured during the model year 1981 and
    thereafter shall contain standards which provide that such
    emissions from such vehicles and engines may not exceed 1.0 gram
    per vehicle mile. The Administrator shall prescribe standards in
    lieu of those required by the preceding sentence, which provide
    that emissions of oxides of nitrogen may not exceed 2.0 grams per
    vehicle mile for any light-duty vehicle manufactured during model
    years 1981 and 1982 by any manufacturer whose production, by
    corporate identity, for calendar year 1976 was less than three
    hundred thousand light-duty motor vehicles worldwide if the
    Administrator determines that - 
        (i) the ability of such manufacturer to meet emission standards
      in the 1975 and subsequent model years was, and is, primarily
      dependent upon technology developed by other manufacturers and
      purchased from such manufacturers; and
        (ii) such manufacturer lacks the financial resources and
      technological ability to develop such technology.

      (C) The Administrator may promulgate regulations under subsection
    (a)(1) of this section revising any standard prescribed or
    previously revised under this subsection, as needed to protect
    public health or welfare, taking costs, energy, and safety into
    account. Any revised standard shall require a reduction of
    emissions from the standard that was previously applicable. Any
    such revision under this subchapter may provide for a phase-in of
    the standard. It is the intent of Congress that the numerical
    emission standards specified in subsections (a)(3)(B)(ii), (g),
    (h), and (i) of this section shall not be modified by the
    Administrator after November 15, 1990, for any model year before
    the model year 2004.
      (2) Emission standards under paragraph (1), and measurement
    techniques on which such standards are based (if not promulgated
    prior to November 15, 1990), shall be promulgated by regulation
    within 180 days after November 15, 1990.
      (3) For purposes of this part - 
        (A)(i) The term "model year" with reference to any specific
      calendar year means the manufacturer's annual production period
      (as determined by the Administrator) which includes January 1 of
      such calendar year. If the manufacturer has no annual production
      period, the term "model year" shall mean the calendar year.
        (ii) For the purpose of assuring that vehicles and engines
      manufactured before the beginning of a model year were not
      manufactured for purposes of circumventing the effective date of
      a standard required to be prescribed by subsection (b) of this
      section, the Administrator may prescribe regulations defining
      "model year" otherwise than as provided in clause (i).
        (B) Repealed. Pub. L. 101-549, title II, Sec. 230(1), Nov. 15,
      1990, 104 Stat. 2529.
        (C) The term "heavy duty vehicle" means a truck, bus, or other
      vehicle manufactured primarily for use on the public streets,
      roads, and highways (not including any vehicle operated
      exclusively on a rail or rails) which has a gross vehicle weight
      (as determined under regulations promulgated by the
      Administrator) in excess of six thousand pounds. Such term
      includes any such vehicle which has special features enabling off-
      street or off-highway operation and use.

      (3) (!2) Upon the petition of any manufacturer, the
    Administrator, after notice and opportunity for public hearing, may
    waive the standard required under subparagraph (B) of paragraph (1)
    to not exceed 1.5 grams of oxides of nitrogen per vehicle mile for
    any class or category of light-duty vehicles or engines
    manufactured by such manufacturer during any period of up to four
    model years beginning after the model year 1980 if the manufacturer
    demonstrates that such waiver is necessary to permit the use of an
    innovative power train technology, or innovative emission control
    device or system, in such class or category of vehicles or engines
    and that such technology or system was not utilized by more than 1
    percent of the light-duty vehicles sold in the United States in the
    1975 model year. Such waiver may be granted only if the
    Administrator determines - 

        (A) that such waiver would not endanger public health,
        (B) that there is a substantial likelihood that the vehicles or
      engines will be able to comply with the applicable standard under
      this section at the expiration of the waiver, and
        (C) that the technology or system has a potential for long-term
      air quality benefit and has the potential to meet or exceed the
      average fuel economy standard applicable under the Energy Policy
      and Conservation Act [42 U.S.C. 6201 et seq.] upon the expiration
      of the waiver.

    No waiver under this subparagraph (!3) granted to any manufacturer
    shall apply to more than 5 percent of such manufacturer's
    production or more than fifty thousand vehicles or engines,
    whichever is greater.

    (c) Feasibility study and investigation by National Academy of
      Sciences; reports to Administrator and Congress; availability of
      information
      (1) The Administrator shall undertake to enter into appropriate
    arrangements with the National Academy of Sciences to conduct a
    comprehensive study and investigation of the technological
    feasibility of meeting the emissions standards required to be
    prescribed by the Administrator by subsection (b) of this section.
      (2) Of the funds authorized to be appropriated to the
    Administrator by this chapter, such amounts as are required shall
    be available to carry out the study and investigation authorized by
    paragraph (1) of this subsection.
      (3) In entering into any arrangement with the National Academy of
    Sciences for conducting the study and investigation authorized by
    paragraph (1) of this subsection, the Administrator shall request
    the National Academy of Sciences to submit semiannual reports on
    the progress of its study and investigation to the Administrator
    and the Congress, beginning not later than July 1, 1971, and
    continuing until such study and investigation is completed.
      (4) The Administrator shall furnish to such Academy at its
    request any information which the Academy deems necessary for the
    purpose of conducting the investigation and study authorized by
    paragraph (1) of this subsection. For the purpose of furnishing
    such information, the Administrator may use any authority he has
    under this chapter (A) to obtain information from any person, and
    (B) to require such person to conduct such tests, keep such
    records, and make such reports respecting research or other
    activities conducted by such person as may be reasonably necessary
    to carry out this subsection.
    (d) Useful life of vehicles
      The Administrator shall prescribe regulations under which the
    useful life of vehicles and engines shall be determined for
    purposes of subsection (a)(1) of this section and section 7541 of
    this title. Such regulations shall provide that except where a
    different useful life period is specified in this subchapter useful
    life shall - 
        (1) in the case of light duty vehicles and light duty vehicle
      engines and light-duty trucks up to 3,750 lbs. LVW and up to
      6,000 lbs. GVWR, be a period of use of five years or fifty
      thousand miles (or the equivalent), whichever first occurs,
      except that in the case of any requirement of this section which
      first becomes applicable after November 15, 1990, where the
      useful life period is not otherwise specified for such vehicles
      and engines, the period shall be 10 years or 100,000 miles (or
      the equivalent), whichever first occurs, with testing for
      purposes of in-use compliance under section 7541 of this title up
      to (but not beyond) 7 years or 75,000 miles (or the equivalent),
      whichever first occurs;
        (2) in the case of any other motor vehicle or motor vehicle
      engine (other than motorcycles or motorcycle engines), be a
      period of use set forth in paragraph (1) unless the Administrator
      determines that a period of use of greater duration or mileage is
      appropriate; and
        (3) in the case of any motorcycle or motorcycle engine, be a
      period of use the Administrator shall determine.
    (e) New power sources or propulsion systems
      In the event of a new power source or propulsion system for new
    motor vehicles or new motor vehicle engines is submitted for
    certification pursuant to section 7525(a) of this title, the
    Administrator may postpone certification until he has prescribed
    standards for any air pollutants emitted by such vehicle or engine
    which in his judgment cause, or contribute to, air pollution which
    may reasonably be anticipated to endanger the public health or
    welfare but for which standards have not been prescribed under
    subsection (a) of this section.
    (f) (!4) High altitude regulations

      (1) The high altitude regulation in effect with respect to model
    year 1977 motor vehicles shall not apply to the manufacture,
    distribution, or sale of 1978 and later model year motor vehicles.
    Any future regulation affecting the sale or distribution of motor
    vehicles or engines manufactured before the model year 1984 in high
    altitude areas of the country shall take effect no earlier than
    model year 1981.
      (2) Any such future regulation applicable to high altitude
    vehicles or engines shall not require a percentage of reduction in
    the emissions of such vehicles which is greater than the required
    percentage of reduction in emissions from motor vehicles as set
    forth in subsection (b) of this section. This percentage reduction
    shall be determined by comparing any proposed high altitude
    emission standards to high altitude emissions from vehicles
    manufactured during model year 1970. In no event shall regulations
    applicable to high altitude vehicles manufactured before the model
    year 1984 establish a numerical standard which is more stringent
    than that applicable to vehicles certified under non-high altitude
    conditions.
      (3) Section 7607(d) of this title shall apply to any high
    altitude regulation referred to in paragraph (2) and before
    promulgating any such regulation, the Administrator shall consider
    and make a finding with respect to - 
        (A) the economic impact upon consumers, individual high
      altitude dealers, and the automobile industry of any such
      regulation, including the economic impact which was experienced
      as a result of the regulation imposed during model year 1977 with
      respect to high altitude certification requirements;
        (B) the present and future availability of emission control
      technology capable of meeting the applicable vehicle and engine
      emission requirements without reducing model availability; and
        (C) the likelihood that the adoption of such a high altitude
      regulation will result in any significant improvement in air
      quality in any area to which it shall apply.
    (g) Light-duty trucks up to 6,000 lbs. GVWR and light-duty
      vehicles; standards for model years after 1993
      (1) NMHC, CO, and NOx
        Effective with respect to the model year 1994 and thereafter,
      the regulations under subsection (a) of this section applicable
      to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide
      (CO), and oxides of nitrogen (NOx) from light-duty trucks
      (LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR) and
      light-duty vehicles (LDVs) shall contain standards which provide
      that emissions from a percentage of each manufacturer's sales
      volume of such vehicles and trucks shall comply with the levels
      specified in table G. The percentage shall be as specified in the
      implementation schedule below:

             TABLE G - EMISSION STANDARDS FOR NMHC, CO, AND NO         
    --------------------------------------------------------------------
     Vehicle type          Column A                 Column B
                       (5 yrs/50,000 mi)      (10 yrs/100,000 mi) 
                   NMHC       CO       NOx      NMHC       CO      NOx       
    --------------------------------------------------------------------
    LDTs           0.25      3.4       0.4*     0.31      4.2      0.6*
     (0-3,750                                                             
     lbs. LVW)                                                            
     and                                                                  
     light-duty                                                           
     vehicles                                                             
    LDTs           0.32      4.4      0.7**     0.40      5.5      0.97
     (3,751-5,750                                                         
     lbs. LVW)                                                            

      Standards are expressed in grams per mile (gpm).
      For standards under column A, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be 5
    years or 50,000 miles (or the equivalent), whichever first occurs.
      For standards under column B, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be 10
    years or 100,000 miles (or the equivalent), whichever first occurs.
      *In the case of diesel-fueled LDTs (0-3,750 lvw) and light-duty
    vehicles, before the model year 2004, in lieu of the 0.4 and 0.6
    standards for NOx, the applicable standards for NOx shall be
    1.0 gpm for a useful life of 5 years or 50,000 miles (or the
    equivalent), whichever first occurs, and 1.25 gpm for a useful life
    of 10 years or 100,000 miles (or the equivalent) whichever first
    occurs.
      **This standard does not apply to diesel-fueled LDTs (3,751-5,750
    lbs. LVW).
    --------------------------------------------------------------------

               IMPLEMENTATION SCHEDULE FOR TABLE G STANDARDS           
    --------------------------------------------------------------------
                         Model year                         Percentage* 
    --------------------------------------------------------------------
    1994                                                              40
    1995                                                              80
    after 1995                                                       100

      *Percentages in the table refer to a percentage of each
    manufacturer's sales volume.
    --------------------------------------------------------------------

      (2) PM Standard
        Effective with respect to model year 1994 and thereafter in the
      case of light-duty vehicles, and effective with respect to the
      model year 1995 and thereafter in the case of light-duty trucks
      (LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR),
      the regulations under subsection (a) of this section applicable
      to emissions of particulate matter (PM) from such vehicles and
      trucks shall contain standards which provide that such emissions
      from a percentage of each manufacturer's sales volume of such
      vehicles and trucks shall not exceed the levels specified in the
      table below. The percentage shall be as specified in the
      Implementation Schedule below.

               PM STANDARD FOR LDTS OF UP TO 6,000 LBS. GVWR           
    --------------------------------------------------------------------
                     Useful life period                       Standard  
    --------------------------------------------------------------------
    5/50,000                                               0.08 gpm     
    10/100,000                                             0.10 gpm     

      The applicable useful life, for purposes of certification under
    section 7525 of this title and for purposes of in-use compliance
    under section 7541 of this title, shall be 5 years or 50,000 miles
    (or the equivalent), whichever first occurs, in the case of the
    5/50,000 standard.
      The applicable useful life, for purposes of certification under
    section 7525 of this title and for purposes of in-use compliance
    under section 7541 of this title, shall be 10 years or 100,000
    miles (or the equivalent), whichever first occurs in the case of
    the 10/100,000 standard.
    --------------------------------------------------------------------

                 IMPLEMENTATION SCHEDULE FOR PM STANDARDS             
    --------------------------------------------------------------------
                Model year                 Light-duty           LDTs    
                                            vehicles                    
    --------------------------------------------------------------------
    1994                                           40%*                 
    1995                                           80%*             40%*
    1996                                          100%*             80%*
    after 1996                                    100%*            100%*

      *Percentages in the table refer to a percentage of each
    manufacturer's sales volume.
    --------------------------------------------------------------------

    (h) Light-duty trucks of more than 6,000 lbs. GVWR; standards for
      model years after 1995
      Effective with respect to the model year 1996 and thereafter, the
    regulations under subsection (a) of this section applicable to
    emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO),
    oxides of nitrogen (NOx), and particulate matter (PM) from light-
    duty trucks (LDTs) of more than 6,000 lbs. gross vehicle weight
    rating (GVWR) shall contain standards which provide that emissions
    from a specified percentage of each manufacturer's sales volume of
    such trucks shall comply with the levels specified in table H. The
    specified percentage shall be 50 percent in model year 1996 and 100
    percent thereafter.

      TABLE H - EMISSION STANDARDS FOR NMHC AND CO FROM GASOLINE AND
       DIESEL FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS. GVWR
    --------------------------------------------------------------------
     LDT Test       Column A                        Column B
      Weight      (5 yrs/50,000 mi)          (11 yrs/120,000 mi)
                 NMHC    CO     NOx      NMHC     CO      NOx     PM  
    --------------------------------------------------------------------
    3,751-       0.32    4.4    0.7*     0.46     6.4     0.98    0.10
     5,750                                                                
     lbs. TW                                                              
    Over         0.39    5.0    1.1*     0.56     7.3     1.53    0.12
     5,750                                                                
     lbs. TW                                                              

      Standards are expressed in grams per mile (GPM).
      For standards under column A, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be 5
    years or 50,000 miles (or the equivalent) whichever first occurs.
      For standards under column B, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be 11
    years or 120,000 miles (or the equivalent), whichever first occurs.
      *Not applicable to diesel-fueled LDTs.
    --------------------------------------------------------------------

    (i) Phase II study for certain light-duty vehicles and light-duty
      trucks
      (1) The Administrator, with the participation of the Office of
    Technology Assessment, shall study whether or not further
    reductions in emissions from light-duty vehicles and light-duty
    trucks should be required pursuant to this subchapter. The study
    shall consider whether to establish with respect to model years
    commencing after January 1, 2003, the standards and useful life
    period for gasoline and diesel-fueled light-duty vehicles and light-
    duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or
    less specified in the following table:

    TABLE 3 - PENDING EMISSION STANDARDS FOR GASOLINE AND DIESEL FUELED
     LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS 3,750 LBS. LVW OR LESS
    --------------------------------------------------------------------
                     Pollutant                    Emission level*   
    --------------------------------------------------------------------
    NMHC                                          0.125 GPM             
    NOx                                           0.2 GPM               
    CO                                            1.7 GPM               

      *Emission levels are expressed in grams per mile (GPM). For
    vehicles and engines subject to this subsection for purposes of
    subsection (d) of this section and any reference thereto, the
    useful life of such vehicles and engines shall be a period of 10
    years or 100,000 miles (or the equivalent), whichever first occurs.
    --------------------------------------------------------------------

    Such study shall also consider other standards and useful life
    periods which are more stringent or less stringent than those set
    forth in table 3 (but more stringent than those referred to in
    subsections (g) and (h) of this section).
      (2)(A) As part of the study under paragraph (1), the
    Administrator shall examine the need for further reductions in
    emissions in order to attain or maintain the national ambient air
    quality standards, taking into consideration the waiver provisions
    of section 7543(b) of this title. As part of such study, the
    Administrator shall also examine - 
        (i) the availability of technology (including the costs
      thereof), in the case of light-duty vehicles and light-duty
      trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,
      for meeting more stringent emission standards than those provided
      in subsections (g) and (h) of this section for model years
      commencing not earlier than after January 1, 2003, and not later
      than model year 2006, including the lead time and safety and
      energy impacts of meeting more stringent emission standards; and
        (ii) the need for, and cost effectiveness of, obtaining further
      reductions in emissions from such light-duty vehicles and light-
      duty trucks, taking into consideration alternative means of
      attaining or maintaining the national primary ambient air quality
      standards pursuant to State implementation plans and other
      requirements of this chapter, including their feasibility and
      cost effectiveness.

      (B) The Administrator shall submit a report to Congress no later
    than June 1, 1997, containing the results of the study under this
    subsection, including the results of the examination conducted
    under subparagraph (A). Before submittal of such report the
    Administrator shall provide a reasonable opportunity for public
    comment and shall include a summary of such comments in the report
    to Congress.
      (3)(A) Based on the study under paragraph (1) the Administrator
    shall determine, by rule, within 3 calendar years after the report
    is submitted to Congress, but not later than December 31, 1999,
    whether - 
        (i) there is a need for further reductions in emissions as
      provided in paragraph (2)(A);
        (ii) the technology for meeting more stringent emission
      standards will be available, as provided in paragraph (2)(A)(i),
      in the case of light-duty vehicles and light-duty trucks with a
      loaded vehicle weight (LVW) of 3,750 lbs. or less, for model
      years commencing not earlier than January 1, 2003, and not later
      than model year 2006, considering the factors listed in paragraph
      (2)(A)(i); and
        (iii) obtaining further reductions in emissions from such
      vehicles will be needed and cost effective, taking into
      consideration alternatives as provided in paragraph (2)(A)(ii).

    The rulemaking under this paragraph shall commence within 3 months
    after submission of the report to Congress under paragraph (2)(B).
      (B) If the Administrator determines under subparagraph (A) that -
    
        (i) there is no need for further reductions in emissions as
      provided in paragraph (2)(A);
        (ii) the technology for meeting more stringent emission
      standards will not be available as provided in paragraph
      (2)(A)(i), in the case of light-duty vehicles and light-duty
      trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less,
      for model years commencing not earlier than January 1, 2003, and
      not later than model year 2006, considering the factors listed in
      paragraph (2)(A)(i); or
        (iii) obtaining further reductions in emissions from such
      vehicles will not be needed or cost effective, taking into
      consideration alternatives as provided in paragraph (2)(A)(ii),

    the Administrator shall not promulgate more stringent standards
    than those in effect pursuant to subsections (g) and (h) of this
    section. Nothing in this paragraph shall prohibit the Administrator
    from exercising the Administrator's authority under subsection (a)
    of this section to promulgate more stringent standards for light-
    duty vehicles and light-duty trucks with a loaded vehicle weight
    (LVW) of 3,750 lbs. or less at any other time thereafter in
    accordance with subsection (a) of this section.
      (C) If the Administrator determines under subparagraph (A) that -
    
        (i) there is a need for further reductions in emissions as
      provided in paragraph (2)(A);
        (ii) the technology for meeting more stringent emission
      standards will be available, as provided in paragraph (2)(A)(i),
      in the case of light-duty vehicles and light-duty trucks with a
      loaded vehicle weight (LVW) of 3,750 lbs. or less, for model
      years commencing not earlier than January 1, 2003, and not later
      than model year 2006, considering the factors listed in paragraph
      (2)(A)(i); and
        (iii) obtaining further reductions in emissions from such
      vehicles will be needed and cost effective, taking into
      consideration alternatives as provided in paragraph (2)(A)(ii),

    the Administrator shall either promulgate the standards (and useful
    life periods) set forth in Table 3 in paragraph (1) or promulgate
    alternative standards (and useful life periods) which are more
    stringent than those referred to in subsections (g) and (h) of this
    section. Any such standards (or useful life periods) promulgated by
    the Administrator shall take effect with respect to any such
    vehicles or engines no earlier than the model year 2003 but not
    later than model year 2006, as determined by the Administrator in
    the rule.
      (D) Nothing in this paragraph shall be construed by the
    Administrator or by a court as a presumption that any standards (or
    useful life period) set forth in Table 3 shall be promulgated in
    the rulemaking required under this paragraph. The action required
    of the Administrator in accordance with this paragraph shall be
    treated as a nondiscretionary duty for purposes of section
    7604(a)(2) of this title (relating to citizen suits).
      (E) Unless the Administrator determines not to promulgate more
    stringent standards as provided in subparagraph (B) or to postpone
    the effective date of standards referred to in Table 3 in paragraph
    (1) or to establish alternative standards as provided in
    subparagraph (C), effective with respect to model years commencing
    after January 1, 2003, the regulations under subsection (a) of this
    section applicable to emissions of nonmethane hydrocarbons (NMHC),
    oxides of nitrogen (NOx), and carbon monoxide (CO) from motor
    vehicles and motor vehicle engines in the classes specified in
    Table 3 in paragraph (1) above shall contain standards which
    provide that emissions may not exceed the pending emission levels
    specified in Table 3 in paragraph (1).
    (j) Cold CO standard
      (1) Phase I
        Not later than 12 months after November 15, 1990, the
      Administrator shall promulgate regulations under subsection (a)
      of this section applicable to emissions of carbon monoxide from
      1994 and later model year light-duty vehicles and light-duty
      trucks when operated at 20 degrees Fahrenheit. The regulations
      shall contain standards which provide that emissions of carbon
      monoxide from a manufacturer's vehicles when operated at 20
      degrees Fahrenheit may not exceed, in the case of light-duty
      vehicles, 10.0 grams per mile, and in the case of light-duty
      trucks, a level comparable in stringency to the standard
      applicable to light-duty vehicles. The standards shall take
      effect after model year 1993 according to a phase-in schedule
      which requires a percentage of each manufacturer's sales volume
      of light-duty vehicles and light-duty trucks to comply with
      applicable standards after model year 1993. The percentage shall
      be as specified in the following table:

                PHASE-IN SCHEDULE FOR COLD START STANDARDS            
    --------------------------------------------------------------------
                         Model Year                          Percentage 
    --------------------------------------------------------------------
    1994                                                              40
    1995                                                              80
    1996 and after                                                   100
    --------------------------------------------------------------------

      (2) Phase II
        (A) Not later than June 1, 1997, the Administrator shall
      complete a study assessing the need for further reductions in
      emissions of carbon monoxide and the maximum reductions in such
      emissions achievable from model year 2001 and later model year
      light-duty vehicles and light-duty trucks when operated at 20
      degrees Fahrenheit.
        (B)(i) If as of June 1, 1997, 6 or more nonattainment areas
      have a carbon monoxide design value of 9.5 ppm or greater, the
      regulations under subsection (a)(1) of this section applicable to
      emissions of carbon monoxide from model year 2002 and later model
      year light-duty vehicles and light-duty trucks shall contain
      standards which provide that emissions of carbon monoxide from
      such vehicles and trucks when operated at 20 degrees Fahrenheit
      may not exceed 3.4 grams per mile (gpm) in the case of light-duty
      vehicles and 4.4 grams per mile (gpm) in the case of light-duty
      trucks up to 6,000 GVWR and a level comparable in stringency in
      the case of light-duty trucks 6,000 GVWR and above.
        (ii) In determining for purposes of this subparagraph whether 6
      or more nonattainment areas have a carbon monoxide design value
      of 9.5 ppm or greater, the Administrator shall exclude the areas
      of Steubenville, Ohio, and Oshkosh, Wisconsin.
      (3) Useful-life for phase I and phase II standards
        In the case of the standards referred to in paragraphs (1) and
      (2), for purposes of certification under section 7525 of this
      title and in-use compliance under section 7541 of this title, the
      applicable useful life period shall be 5 years or 50,000 miles,
      whichever first occurs, except that the Administrator may extend
      such useful life period (for purposes of section 7525 of this
      title, or section 7541 of this title, or both) if he determines
      that it is feasible for vehicles and engines subject to such
      standards to meet such standards for a longer useful life. If the
      Administrator extends such useful life period, the Administrator
      may make an appropriate adjustment of applicable standards for
      such extended useful life. No such extended useful life shall
      extend beyond the useful life period provided in regulations
      under subsection (d) of this section.
      (4) Heavy-duty vehicles and engines
        The Administrator may also promulgate regulations under
      subsection (a)(1) of this section applicable to emissions of
      carbon monoxide from heavy-duty vehicles and engines when
      operated at cold temperatures.
    (k) Control of evaporative emissions
      The Administrator shall promulgate (and from time to time revise)
    regulations applicable to evaporative emissions of hydrocarbons
    from all gasoline-fueled motor vehicles - 
        (1) during operation; and
        (2) over 2 or more days of nonuse;

    under ozone-prone summertime conditions (as determined by
    regulations of the Administrator). The regulations shall take
    effect as expeditiously as possible and shall require the greatest
    degree of emission reduction achievable by means reasonably
    expected to be available for production during any model year to
    which the regulations apply, giving appropriate consideration to
    fuel volatility, and to cost, energy, and safety factors associated
    with the application of the appropriate technology. The
    Administrator shall commence a rulemaking under this subsection
    within 12 months after November 15, 1990. If final regulations are
    not promulgated under this subsection within 18 months after
    November 15, 1990, the Administrator shall submit a statement to
    the Congress containing an explanation of the reasons for the delay
    and a date certain for promulgation of such final regulations in
    accordance with this chapter. Such date certain shall not be later
    than 15 months after the expiration of such 18 month deadline.
    (l) Mobile source-related air toxics
      (1) Study
        Not later than 18 months after November 15, 1990, the
      Administrator shall complete a study of the need for, and
      feasibility of, controlling emissions of toxic air pollutants
      which are unregulated under this chapter and associated with
      motor vehicles and motor vehicle fuels, and the need for, and
      feasibility of, controlling such emissions and the means and
      measures for such controls. The study shall focus on those
      categories of emissions that pose the greatest risk to human
      health or about which significant uncertainties remain, including
      emissions of benzene, formaldehyde, and 1,3 butadiene. The
      proposed report shall be available for public review and comment
      and shall include a summary of all comments.
      (2) Standards
        Within 54 months after November 15, 1990, the Administrator
      shall, based on the study under paragraph (1), promulgate (and
      from time to time revise) regulations under subsection (a)(1) of
      this section or section 7545(c)(1) of this title containing
      reasonable requirements to control hazardous air pollutants from
      motor vehicles and motor vehicle fuels. The regulations shall
      contain standards for such fuels or vehicles, or both, which the
      Administrator determines reflect the greatest degree of emission
      reduction achievable through the application of technology which
      will be available, taking into consideration the standards
      established under subsection (a) of this section, the
      availability and costs of the technology, and noise, energy, and
      safety factors, and lead time. Such regulations shall not be
      inconsistent with standards under subsection (a) of this section.
      The regulations shall, at a minimum, apply to emissions of
      benzene and formaldehyde.
    (m) Emissions control diagnostics
      (1) Regulations
        Within 18 months after November 15, 1990, the Administrator
      shall promulgate regulations under subsection (a) of this section
      requiring manufacturers to install on all new light duty vehicles
      and light duty trucks diagnostics systems capable of - 
          (A) accurately identifying for the vehicle's useful life as
        established under this section, emission-related systems
        deterioration or malfunction, including, at a minimum, the
        catalytic converter and oxygen sensor, which could cause or
        result in failure of the vehicles to comply with emission
        standards established under this section,
          (B) alerting the vehicle's owner or operator to the likely
        need for emission-related components or systems maintenance or
        repair,
          (C) storing and retrieving fault codes specified by the
        Administrator, and
          (D) providing access to stored information in a manner
        specified by the Administrator.

      The Administrator may, in the Administrator's discretion,
      promulgate regulations requiring manufacturers to install such
      onboard diagnostic systems on heavy-duty vehicles and engines.
      (2) Effective date
        The regulations required under paragraph (1) of this subsection
      shall take effect in model year 1994, except that the
      Administrator may waive the application of such regulations for
      model year 1994 or 1995 (or both) with respect to any class or
      category of motor vehicles if the Administrator determines that
      it would be infeasible to apply the regulations to that class or
      category in such model year or years, consistent with
      corresponding regulations or policies adopted by the California
      Air Resources Board for such systems.
      (3) State inspection
        The Administrator shall by regulation require States that have
      implementation plans containing motor vehicle inspection and
      maintenance programs to amend their plans within 2 years after
      promulgation of such regulations to provide for inspection of
      onboard diagnostics systems (as prescribed by regulations under
      paragraph (1) of this subsection) and for the maintenance or
      repair of malfunctions or system deterioration identified by or
      affecting such diagnostics systems. Such regulations shall not be
      inconsistent with the provisions for warranties promulgated under
      section 7541(a) and (b) of this title.
      (4) Specific requirements
        In promulgating regulations under this subsection, the
      Administrator shall require - 
          (A) that any connectors through which the emission control
        diagnostics system is accessed for inspection, diagnosis,
        service, or repair shall be standard and uniform on all motor
        vehicles and motor vehicle engines;
          (B) that access to the emission control diagnostics system
        through such connectors shall be unrestricted and shall not
        require any access code or any device which is only available
        from a vehicle manufacturer; and
          (C) that the output of the data from the emission control
        diagnostics system through such connectors shall be usable
        without the need for any unique decoding information or device.
      (5) Information availability
        The Administrator, by regulation, shall require (subject to the
      provisions of section 7542(c) of this title regarding the
      protection of methods or processes entitled to protection as
      trade secrets) manufacturers to provide promptly to any person
      engaged in the repairing or servicing of motor vehicles or motor
      vehicle engines, and the Administrator for use by any such
      persons, with any and all information needed to make use of the
      emission control diagnostics system prescribed under this
      subsection and such other information including instructions for
      making emission related diagnosis and repairs. No such
      information may be withheld under section 7542(c) of this title
      if that information is provided (directly or indirectly) by the
      manufacturer to franchised dealers or other persons engaged in
      the repair, diagnosing, or servicing of motor vehicles or motor
      vehicle engines. Such information shall also be available to the
      Administrator, subject to section 7542(c) of this title, in
      carrying out the Administrator's responsibilities under this
      section.
    (f) (!5) Model years after 1990

      For model years prior to model year 1994, the regulations under
    subsection (a) of this section applicable to buses other than those
    subject to standards under section 7554 of this title shall contain
    a standard which provides that emissions of particulate matter (PM)
    from such buses may not exceed the standards set forth in the
    following table:

                           PM STANDARD FOR BUSES                       
    --------------------------------------------------------------------
                         Model year                          Standard*  
    --------------------------------------------------------------------
    1991                                                            0.25
    1992                                                            0.25
    1993 and thereafter                                             0.10

      *Standards are expressed in grams per brake horsepower hour
    (g/bhp/hr).
    --------------------------------------------------------------------

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 202, as added Pub. L. 89-
    272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 992; amended
    Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L. 91-
    604, Sec. 6(a), Dec. 31, 1970, 84 Stat. 1690; Pub. L. 93-319, Sec.
    5, June 22, 1974, 88 Stat. 258; Pub. L. 95-95, title II, Secs. 201,
    202(b), 213(b), 214(a), 215-217, 224(a), (b), (g), title IV, Sec.
    401(d), Aug. 7, 1977, 91 Stat. 751-753, 758-761, 765, 767, 769,
    791; Pub. L. 95-190, Sec. 14(a)(60)-(65), (b)(5), Nov. 16, 1977, 91
    Stat. 1403, 1405; Pub. L. 101-549, title II, Secs. 201-207, 227(b),
    230(1)-(5), Nov. 15, 1990, 104 Stat. 2472-2481, 2507, 2529.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The enactment of the Clean Air Act Amendments of 1990, referred
    to in subsec. (a)(3)(B), probably means the enactment of Pub. L.
    101-549, Nov. 15, 1990, 104 Stat. 2399, which was approved Nov. 15,
    1990. For complete classification of this Act to the Code, see
    Short Title note set out under section 7401 of this title and
    Tables.
      Section 7525(f)(1) of this title, referred to in subsec.
    (a)(3)(E), was redesignated section 7525(f) of this title by Pub.
    L. 101-549, title II, Sec. 230(8), Nov. 15, 1990, 104 Stat. 2529.
      The Energy Policy and Conservation Act, referred to in subsec.
    (b)(3)(C), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
    amended, which is classified principally to chapter 77 (Sec. 6201
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 6201 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-1 of this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(3)(A). Pub. L. 101-549, Sec. 201(1), added
    subpar. (A) and struck out former subpar. (A) which related to
    promulgation of regulations applicable to reduction of emissions
    from heavy-duty vehicles or engines manufactured during and after
    model year 1979 in the case of carbon monoxide, hydrocarbons, and
    oxides of nitrogen, and from vehicles manufactured during and after
    model year 1981 in the case of particulate matter.
      Subsec. (a)(3)(B). Pub. L. 101-549, Sec. 201(1), added subpar.
    (B) and struck out former subpar. (B) which read as follows:
    "During the period of June 1 through December 31, 1978, in the case
    of hydrocarbons and carbon monoxide, or during the period of June 1
    through December 31, 1980, in the case of oxides of nitrogen, and
    during each period of June 1 through December 31 of each third year
    thereafter, the Administrator may, after notice and opportunity for
    a public hearing promulgate regulations revising any standard
    prescribed as provided in subparagraph (A)(ii) for any class or
    category of heavy-duty vehicles or engines. Such standard shall
    apply only for the period of three model years beginning four model
    years after the model year in which such revised standard is
    promulgated. In revising any standard under this subparagraph for
    any such three model year period, the Administrator shall determine
    the maximum degree of emission reduction which can be achieved by
    means reasonably expected to be available for production of such
    period and shall prescribe a revised emission standard in
    accordance with such determination. Such revised standard shall
    require a reduction of emissions from any standard which applies in
    the previous model year."
      Subsec. (a)(3)(C). Pub. L. 101-549, Sec. 201(1), added subpar.
    (C) and struck out former subpar. (C) which read as follows:
    "Action revising any standard for any period may be taken by the
    Administrator under subparagraph (B) only if he finds - 
        "(i) that compliance with the emission standards otherwise
      applicable for such model year cannot be achieved by technology,
      processes, operating methods, or other alternatives reasonably
      expected to be available for production for such model year
      without increasing cost or decreasing fuel economy to an
      excessive and unreasonable degree; and
        "(ii) the National Academy of Sciences has not, pursuant to its
      study and investigation under subsection (c) of this section,
      issued a report substantially contrary to the findings of the
      Administrator under clause (i)."
      Subsec. (a)(3)(D). Pub. L. 101-549, Sec. 201(1), added subpar.
    (D) and struck out former subpar. (D) which read as follows: "A
    report shall be made to the Congress with respect to any standard
    revised under subparagraph (B) which shall contain - 
        "(i) a summary of the health effects found, or believed to be
      associated with, the pollutant covered by such standard,
        "(ii) an analysis of the cost-effectiveness of other strategies
      for attaining and maintaining national ambient air quality
      standards and carrying out regulations under part C of subchapter
      I (relating to significant deterioration) in relation to the cost-
      effectiveness for such purposes of standards which, but for such
      revision, would apply.
        "(iii) a summary of the research and development efforts and
      progress being made by each manufacturer for purposes of meeting
      the standards promulgated as provided in subparagraph (A)(ii) or,
      if applicable, subparagraph (E), and
        "(iv) specific findings as to the relative costs of compliance,
      and relative fuel economy, which may be expected to result from
      the application for any model year of such revised standard and
      the application for such model year of the standard, which, but
      for such revision, would apply."
      Subsec. (a)(3)(E), (F). Pub. L. 101-549, Sec. 201, redesignated
    subpar. (F) as (E), inserted heading, and struck out former subpar.
    (E) which read as follows:
      "(i) The Administrator shall conduct a continuing pollutant-
    specific study concerning the effects of each air pollutant
    emitted from heavy-duty vehicles or engines and from other sources
    of mobile source related pollutants on the public health and
    welfare. The results of such study shall be published in the
    Federal Register and reported to the Congress not later than June
    1, 1978, in the case of hydrocarbons and carbon monoxide, and June
    1, 1980, in the case of oxides of nitrogen, and before June 1 of
    each third year thereafter.
      "(ii) On the basis of such study and such other information as is
    available to him (including the studies under section 7548 of this
    title), the Administrator may, after notice and opportunity for a
    public hearing, promulgate regulations under paragraph (1) of this
    subsection changing any standard prescribed in subparagraph (A)(ii)
    (or revised under subparagraph (B) or previously changed under this
    subparagraph). No such changed standard shall apply for any model
    year before the model year four years after the model year during
    which regulations containing such changed standard are
    promulgated."
      Subsec. (a)(4)(A), (B). Pub. L. 101-549, Sec. 227(b), substituted
    "requirements prescribed under this subchapter" for "standards
    prescribed under this subsection".
      Subsec. (a)(6). Pub. L. 101-549, Sec. 202, amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "The
    Administrator shall determine the feasibility and desirability of
    requiring new motor vehicles to utilize onboard hydrocarbon control
    technology which would avoid the necessity of gasoline vapor
    recovery of uncontrolled emissions emanating from the fueling of
    motor vehicles. The Administrator shall compare the costs and
    effectiveness of such technology to that of implementing and
    maintaining vapor recovery systems (taking into consideration such
    factors as fuel economy, economic costs of such technology,
    administrative burdens, and equitable distribution of costs). If
    the Administrator finds that it is feasible and desirable to employ
    such technology, he shall, after consultation with the Secretary of
    Transportation with respect to motor vehicle safety, prescribe, by
    regulation, standards requiring the use of onboard hydrocarbon
    technology which shall not become effective until the introduction
    to the model year for which it would be feasible to implement such
    standards, taking into consideration compliance costs and the
    restraints of an adequate lead time for design and production."
      Subsec. (b)(1)(C). Pub. L. 101-549, Sec. 203(c), amended subpar.
    (C) generally. Prior to amendment, subpar. (C) read as follows:
    "Effective with respect to vehicles and engines manufactured after
    model year 1978 (or in the case of heavy-duty vehicles or engines,
    such later model year as the Administrator determines is the
    earliest feasible model year), the test procedure promulgated under
    paragraph (2) for measurement of evaporative emissions of
    hydrocarbons shall require that such emissions be measured from the
    vehicle or engine as a whole. Regulations to carry out this
    subparagraph shall be promulgated not later than two hundred and
    seventy days after August 7, 1977."
      Subsec. (b)(2). Pub. L. 101-549, Sec. 203(d), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "Emission
    standards under paragraph (1), and measurement techniques on which
    such standards are based (if not promulgated prior to December 31,
    1970), shall be prescribed by regulation within 180 days after such
    date."
      Subsec. (b)(3). Pub. L. 101-549, Sec. 230(4), redesignated par.
    (6) relating to waiver of standards for oxides of nitrogen as par.
    (3), struck out subpar. (A) designation before "Upon the petition",
    redesignated former cls. (i) to (iii) as subpars. (A) to (C),
    respectively, and struck out former subpar. (B) which authorized
    the Administrator to waive the standard under subsec. (b)(1)(B) of
    this section for emissions of oxides of nitrogen from light-duty
    vehicles and engines beginning in model year 1981 after providing
    notice and opportunity for a public hearing, and set forth
    conditions under which a waiver could be granted.
      Subsec. (b)(3)(B). Pub. L. 101-549, Sec. 230(1), in the par. (3)
    defining terms for purposes of this part struck out subpar. (B)
    which defined "light duty vehicles and engines".
      Subsec. (b)(4). Pub. L. 101-549, Sec. 230(2), struck out par. (4)
    which read as follows: "On July 1 of 1971, and of each year
    thereafter, the Administrator shall report to the Congress with
    respect to the development of systems necessary to implement the
    emission standards established pursuant to this section. Such
    reports shall include information regarding the continuing effects
    of such air pollutants subject to standards under this section on
    the public health and welfare, the extent and progress of efforts
    being made to develop the necessary systems, the costs associated
    with development and application of such systems, and following
    such hearings as he may deem advisable, any recommendations for
    additional congressional action necessary to achieve the purposes
    of this chapter. In gathering information for the purposes of this
    paragraph and in connection with any hearing, the provisions of
    section 7607(a) of this title (relating to subpenas) shall apply."
      Subsec. (b)(5). Pub. L. 101-549, Sec. 230(3), struck out par. (5)
    which related to waivers for model years 1981 and 1982 of the
    effective date of the emissions standard required under par. (1)(A)
    for carbon monoxide applicable to light-duty vehicles and engines
    manufactured in those model years.
      Subsec. (b)(6). Pub. L. 101-549, Sec. 230(4), redesignated par.
    (6) as (3).
      Subsec. (b)(7). Pub. L. 101-549, Sec. 230(5), struck out par. (7)
    which read as follows: "The Congress hereby declares and
    establishes as a research objective, the development of propulsion
    systems and emission control technology to achieve standards which
    represent a reduction of at least 90 per centum from the average
    emissions of oxides of nitrogen actually measured from light duty
    motor vehicles manufactured in model year 1971 not subject to any
    Federal or State emission standard for oxides of nitrogen. The
    Administrator shall, by regulations promulgated within one hundred
    and eighty days after August 7, 1977, require each manufacturer
    whose sales represent at least 0.5 per centum of light duty motor
    vehicle sales in the United States, to build and, on a regular
    basis, demonstrate the operation of light duty motor vehicles that
    meet this research objective, in addition to any other applicable
    standards or requirements for other pollutants under this chapter.
    Such demonstration vehicles shall be submitted to the Administrator
    no later than model year 1979 and in each model year thereafter.
    Such demonstration shall, in accordance with applicable
    regulations, to the greatest extent possible, (A) be designed to
    encourage the development of new powerplant and emission control
    technologies that are fuel efficient, (B) assure that the
    demonstration vehicles are or could reasonably be expected to be
    within the productive capability of the manufacturers, and (C)
    assure the utilization of optimum engine, fuel, and emission
    control systems."
      Subsec. (d). Pub. L. 101-549, Sec. 203(b)(1), substituted
    "provide that except where a different useful life period is
    specified in this subchapter" for "provide that".
      Subsec. (d)(1). Pub. L. 101-549, Sec. 203(b)(2), (3), inserted
    "and light-duty trucks up to 3,750 lbs. LVW and up to 6,000 lbs.
    GVWR" after "engines" and substituted for semicolon at end ",
    except that in the case of any requirement of this section which
    first becomes applicable after November 15, 1990, where the useful
    life period is not otherwise specified for such vehicles and
    engines, the period shall be 10 years or 100,000 miles (or the
    equivalent), whichever first occurs, with testing for purposes of
    in-use compliance under section 7541 of this title up to (but not
    beyond) 7 years or 75,000 miles (or the equivalent), whichever
    first occurs;".
      Subsec. (f). Pub. L. 101-549, Sec. 207(b), added (after subsec.
    (m) at end) subsec. (f) relating to regulations applicable to buses
    for model years after 1990.
      Subsecs. (g) to (i). Pub. L. 101-549, Sec. 203(a), added subsecs.
    (g) to (i).
      Subsecs. (j) to (m). Pub. L. 101-549, Secs. 204-207(a), added
    subsecs. (j) to (m).
      1977 - Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(60),
    restructured subsec. (a) by providing for designation of par. (1)
    to precede "The Administrator" in place of "Except as".
      Pub. L. 95-95, Sec. 401(d)(1), substituted "Except as otherwise
    provided in subsection (b) of this section the Administrator" for
    "The Administrator", "cause, or contribute to, air pollution which
    may reasonably be anticipated to endanger public health or welfare"
    for "causes or contributes to, or is likely to cause or contribute
    to, air pollution which endangers the public health or welfare",
    and "useful life (as determined under subsection (d) of this
    section, relating to useful life of vehicles for purposes of
    certification), whether such vehicles and engines are designed as
    complete systems or incorporate devices" for "useful life (as
    determined under subsection (d) of this section) whether such
    vehicles and engines are designed as complete systems or
    incorporated devices".
      Subsec. (a)(2). Pub. L. 95-95, Sec. 214(a), substituted
    "prescribed under paragraph (1) of this subsection" for "prescribed
    under this subsection".
      Subsec. (a)(3). Pub. L. 95-95, Sec. 224(a), added par. (3).
      Subsec. (a)(3)(B). Pub. L. 95-190, Sec. 14(a)(61), (62),
    substituted provisions setting forth applicable periods of from
    June 1 through Dec. 31, 1978, June 1 through Dec. 31, 1980, and
    during each period of June 1 through Dec. 31 of each third year
    thereafter, for provisions setting forth applicable periods of from
    June 1 through Dec. 31, 1979, and during each period of June 1
    through Dec. 31 of each third year after 1979, and substituted
    "from any" for "of from any".
      Subsec. (a)(3)(E). Pub. L. 95-190, Sec. 14(a)(63), substituted
    "1978, in the case of hydrocarbons and carbon monoxide, and June 1,
    1980, in the case of oxides of nitrogen" for "1979,".
      Subsec. (a)(4). Pub. L. 95-95, Sec. 214(a), added par. (4).
      Subsec. (a)(5). Pub. L. 95-95, Sec. 215, added par. (5).
      Subsec. (a)(6). Pub. L. 95-95, Sec. 216, added par. (6).
      Subsec. (b)(1)(A). Pub. L. 95-95, Sec. 201(a), substituted
    provisions setting the standards for emissions from light-duty
    vehicles and engines manufactured during the model years 1977
    through 1980 for provisions which had set the standards for
    emissions from light-duty vehicles and engines manufactured during
    the model years 1975 and 1976, substituted "model year 1980" for
    "model year 1977" in provisions requiring a reduction of at least
    90 per centum from the emissions allowable under standards for
    model year 1970, and inserted provisions that, unless waived as
    provided in par. (5), the standards for vehicles and engines
    manufactured during or after the model year 1981 represent a
    reduction of at least 90 per centum from the emissions allowable
    under standards for model year 1970.
      Subsec. (b)(1)(B). Pub. L. 95-190, Sec. 14(a)(64), (65),
    substituted "calendar year 1976" for "model year 1976" and in cl.
    (i) substituted "other" for "United States".
      Pub. L. 95-95, Sec. 201(b), substituted provisions setting the
    standards for emissions from light-duty vehicles and engines
    manufactured during the model years 1977 through 1980 for
    provisions which had set the standards for emissions from light-
    duty vehicles and engines manufactured during the model years 1975
    through 1977, substituted provisions that the standards for model
    years 1981 and after allow emissions of no more than 1.0 gram per
    vehicle mile for provisions that the standards for model year 1978
    and after require a reduction of at least 90 per centum from the
    average of emissions actually measured from light-duty vehicles
    manufactured during model year 1971 which were not subject to any
    Federal or State emission standards for oxides of nitrogen, and
    inserted provisions directing the Administrator to prescribe
    separate standards for model years 1981 and 1982 for manufacturers
    whose production, by corporate identity, for model year 1976 was
    less than three hundred thousand light-duty motor vehicles
    worldwide if the manufacturer's capability to meet emission
    standards depends upon United States technology and if the
    manufacturer cannot develop one.
      Subsec. (b)(1)(C). Pub. L. 95-95, Sec. 217, added subpar. (C).
      Subsec. (b)(3)(C). Pub. L. 95-95, Sec. 224(b), added subpar. (C).
      Subsec. (b)(5). Pub. L. 95-95, Sec. 201(c), substituted
    provisions setting up a procedure under which a manufacturer may
    apply for a waiver for model years 1981 and 1982 of the effective
    date of the emission standards for carbon monoxide required by par.
    (1)(A) for provisions which had set up a procedure under which a
    manufacturer, after Jan. 1, 1975, could apply for a one-year
    suspension of the effective date of any emission standard required
    by par. (1)(A) for model year 1977.
      Subsec. (b)(6). Pub. L. 95-95, Sec. 201(c), added par. (6).
      Subsec. (b)(7). Pub. L. 95-95, Sec. 202(b), added par. (7).
      Subsec. (d)(2). Pub. L. 95-95, Sec. 224(g), as amended by Pub. L.
    95-190, Sec. 14(b)(5), to correct typographical error in directory
    language, inserted "(other than motorcycles or motorcycle engines)"
    after "motor vehicle or motor vehicle engine".
      Subsec. (d)(3). Pub. L. 95-95, Sec. 224(g), added par. (3).
      Subsec. (e). Pub. L. 95-95, Sec. 401(d)(2), substituted "which in
    his judgment cause, or contribute to, air pollution which may
    reasonably be anticipated to endanger" for "which cause or
    contribute to, or are likely to cause or contribute to, air
    pollution which endangers".
      Subsec. (f). Pub. L. 95-95, Sec. 213(b), added subsec. (f).
      1974 - Subsec. (b)(1)(A). Pub. L. 93-319, Sec. 5(a), substituted
    "model year 1977" for "model year 1975" in provisions requiring a
    reduction of at least 90 per centum from the emissions allowable
    under standards for model year 1970 and inserted provisions
    covering regulations for model years 1975 and 1976.
      Subsec. (b)(1)(B). Pub. L. 93-319, Sec. 5(b), substituted "model
    year 1978" for "model year 1976" in provisions requiring a
    reduction of at least 90 per centum from the average of emissions
    actually measured from vehicles manufactured during model year 1971
    and inserted provisions covering regulations for model years 1975,
    1976, and 1977.
      Subsec. (b)(5). Pub. L. 93-319, Sec. 5(c), (d), substituted in
    subpar. (A), "At any time after January 1, 1975" for "At any time
    after January 1, 1972", "with respect to such manufacturer for
    light-duty vehicles and engines manufactured in model year 1977"
    for "with respect to such manufacturer", "sixty days" for "60
    days", "paragraph (1)(A) of this subsection" for "paragraph
    (1)(A)", and "vehicles and engines manufactured during model year
    1977" for "vehicles and engines manufactured during model year
    1975", redesignated subpars. (C) to (E) as (B) to (D),
    respectively, and struck out former subpar. (B) which had allowed
    manufacturers, at any time after Jan. 1, 1973, to file with the
    Administrator an application requesting a 1-year suspension of the
    effective date of any emission standard required by subsec.
    (b)(1)(B) with respect to such manufacturer.
      1970 - Subsec. (a). Pub. L. 91-604 redesignated existing
    provisions as par. (1), substituted Administrator for Secretary as
    the issuing authority for standards, inserted references to the
    useful life of engines, and substituted the emission of any air
    pollutant for the emission of any kind of substance as the subject
    to be regulated, and added par. (2).
      Subsec. (b). Pub. L. 91-604 added subsec. (b). Former subsec. (b)
    redesignated as par. (2) of subsec. (a).
      Subsecs. (c) to (e). Pub. L. 91-604 added subsecs. (c) to (e).
      1967 - Pub. L. 90-148 reenacted section without change.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

           STUDY ON OXIDES OF NITROGEN FROM LIGHT-DUTY VEHICLES       
      Section 202(a) of Pub. L. 95-95 provided that the Administrator
    of the Environmental Protection Agency conduct a study of the
    public health implications of attaining an emission standard on
    oxides of nitrogen from light-duty vehicles of 0.4 gram per vehicle
    mile, the cost and technological capability of attaining such
    standard, and the need for such a standard to protect public health
    or welfare and that the Administrator submit a report of such study
    to the Congress, together with recommendations not later than July
    1, 1980.

      STUDY OF CARBON MONOXIDE INTRUSION INTO SUSTAINED-USE VEHICLES  
      Section 226 of Pub. L. 95-95 provided that the Administrator, in
    conjunction with the Secretary of Transportation, study the problem
    of carbon monoxide intrusion into the passenger area of sustained-
    use motor vehicles and that within one year the Administrator
    report to the Congress respecting the results of such study.

      CONTINUING COMPREHENSIVE STUDIES AND INVESTIGATIONS BY NATIONAL
                            ACADEMY OF SCIENCES
      Section 403(f) of Pub. L. 95-95 provided that: "The Administrator
    of the Environmental Protection Agency shall undertake to enter
    into appropriate arrangements with the National Academy of Sciences
    to conduct continuing comprehensive studies and investigations of
    the effects on public health and welfare of emissions subject to
    section 202(a) of the Clean Air Act [subsec. (a) of this section]
    (including sulfur compounds) and the technological feasibility of
    meeting emission standards required to be prescribed by the
    Administrator by section 202(b) of such Act [subsec. (b) of this
    section]. The Administrator shall report to the Congress within six
    months of the date of enactment of this section [Aug. 7, 1977] and
    each year thereafter regarding the status of the contractual
    arrangements and conditions necessary to implement this paragraph."
      [For termination, effective May 15, 2000, of provisions relating
    to annual report to Congress in section 403(f) of Pub. L. 95-95,
    set out above, see section 3003 of Pub. L. 104-66, as amended, set
    out as a note under section 1113 of Title 31, Money and Finance,
    and the 2nd item on page 165 of House Document No. 103-7.]

     STUDY ON EMISSION OF SULFUR-BEARING COMPOUNDS FROM MOTOR VEHICLES
                  AND MOTOR VEHICLE AND AIRCRAFT ENGINES
      Section 403(g) of Pub. L. 95-95 provided that the Administrator
    of the Environmental Protection Agency conduct a study and report
    to the Congress by the date one year after Aug. 7, 1977, on the
    emission of sulfur-bearing compounds from motor vehicles and motor
    vehicle engines and aircraft engines.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "(4)".

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

    (!4) Another subsec. (f) is set out after subsec. (m).

    (!5) So in original. Probably should be "(n)".

-End-

-CITE-
    42 USC Sec. 7522                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7522. Prohibited acts

-STATUTE-
    (a) Enumerated prohibitions
      The following acts and the causing thereof are prohibited - 
        (1) in the case of a manufacturer of new motor vehicles or new
      motor vehicle engines for distribution in commerce, the sale, or
      the offering for sale, or the introduction, or delivery for
      introduction, into commerce, or (in the case of any person,
      except as provided by regulation of the Administrator), the
      importation into the United States, of any new motor vehicle or
      new motor vehicle engine, manufactured after the effective date
      of regulations under this part which are applicable to such
      vehicle or engine unless such vehicle or engine is covered by a
      certificate of conformity issued (and in effect) under
      regulations prescribed under this part or part C in the case of
      clean-fuel vehicles (except as provided in subsection (b) of this
      section);
        (2)(A) for any person to fail or refuse to permit access to or
      copying of records or to fail to make reports or provide
      information required under section 7542 of this title;
        (B) for any person to fail or refuse to permit entry, testing
      or inspection authorized under section 7525(c) of this title or
      section 7542 of this title;
        (C) for any person to fail or refuse to perform tests, or have
      tests performed as required under section 7542 of this title;
        (D) for any manufacturer to fail to make information available
      as provided by regulation under section 7521(m)(5) of this title;
        (3)(A) for any person to remove or render inoperative any
      device or element of design installed on or in a motor vehicle or
      motor vehicle engine in compliance with regulations under this
      subchapter prior to its sale and delivery to the ultimate
      purchaser, or for any person knowingly to remove or render
      inoperative any such device or element of design after such sale
      and delivery to the ultimate purchaser; or
        (B) for any person to manufacture or sell, or offer to sell, or
      install, any part or component intended for use with, or as part
      of, any motor vehicle or motor vehicle engine, where a principal
      effect of the part or component is to bypass, defeat, or render
      inoperative any device or element of design installed on or in a
      motor vehicle or motor vehicle engine in compliance with
      regulations under this subchapter, and where the person knows or
      should know that such part or component is being offered for sale
      or installed for such use or put to such use; or
        (4) for any manufacturer of a new motor vehicle or new motor
      vehicle engine subject to standards prescribed under section 7521
      of this title or part C of this subchapter - 
          (A) to sell or lease any such vehicle or engine unless such
        manufacturer has complied with (i) the requirements of section
        7541(a) and (b) of this title with respect to such vehicle or
        engine, and unless a label or tag is affixed to such vehicle or
        engine in accordance with section 7541(c)(3) of this title, or
        (ii) the corresponding requirements of part C of this
        subchapter in the case of clean fuel vehicles unless the
        manufacturer has complied with the corresponding requirements
        of part C of this subchapter (!1)

          (B) to fail or refuse to comply with the requirements of
        section 7541(c) or (e) of this title, or the corresponding
        requirements of part C of this subchapter in the case of clean
        fuel vehicles (!1)
          (C) except as provided in subsection (c)(3) of section 7541
        of this title and the corresponding requirements of part C of
        this subchapter in the case of clean fuel vehicles, to provide
        directly or indirectly in any communication to the ultimate
        purchaser or any subsequent purchaser that the coverage of any
        warranty under this chapter is conditioned upon use of any
        part, component, or system manufactured by such manufacturer or
        any person acting for such manufacturer or under his control,
        or conditioned upon service performed by any such person, or
          (D) to fail or refuse to comply with the terms and conditions
        of the warranty under section 7541(a) or (b) of this title or
        the corresponding requirements of part C of this subchapter in
        the case of clean fuel vehicles with respect to any vehicle; or

        (5) for any person to violate section 7553 of this title, 7554
      of this title, or part C of this subchapter or any regulations
      under section 7553 of this title, 7554 of this title, or part C
      of this subchapter.

    No action with respect to any element of design referred to in
    paragraph (3) (including any adjustment or alteration of such
    element) shall be treated as a prohibited act under such paragraph
    (3) if such action is in accordance with section 7549 of this
    title. Nothing in paragraph (3) shall be construed to require the
    use of manufacturer parts in maintaining or repairing any motor
    vehicle or motor vehicle engine. For the purposes of the preceding
    sentence, the term "manufacturer parts" means, with respect to a
    motor vehicle engine, parts produced or sold by the manufacturer of
    the motor vehicle or motor vehicle engine. No action with respect
    to any device or element of design referred to in paragraph (3)
    shall be treated as a prohibited act under that paragraph if (i)
    the action is for the purpose of repair or replacement of the
    device or element, or is a necessary and temporary procedure to
    repair or replace any other item and the device or element is
    replaced upon completion of the procedure, and (ii) such action
    thereafter results in the proper functioning of the device or
    element referred to in paragraph (3). No action with respect to any
    device or element of design referred to in paragraph (3) shall be
    treated as a prohibited act under that paragraph if the action is
    for the purpose of a conversion of a motor vehicle for use of a
    clean alternative fuel (as defined in this subchapter) and if such
    vehicle complies with the applicable standard under section 7521 of
    this title when operating on such fuel, and if in the case of a
    clean alternative fuel vehicle (as defined by rule by the
    Administrator), the device or element is replaced upon completion
    of the conversion procedure and such action results in proper
    functioning of the device or element when the motor vehicle
    operates on conventional fuel.
    (b) Exemptions; refusal to admit vehicle or engine into United
      States; vehicles or engines intended for export
      (1) The Administrator may exempt any new motor vehicle or new
    motor vehicle engine, from subsection (a) of this section, upon
    such terms and conditions as he may find necessary for the purpose
    of research, investigations, studies, demonstrations, or training,
    or for reasons of national security.
      (2) A new motor vehicle or new motor vehicle engine offered for
    importation or imported by any person in violation of subsection
    (a) of this section shall be refused admission into the United
    States, but the Secretary of the Treasury and the Administrator
    may, by joint regulation, provide for deferring final determination
    as to admission and authorizing the delivery of such a motor
    vehicle or engine offered for import to the owner or consignee
    thereof upon such terms and conditions (including the furnishing of
    a bond) as may appear to them appropriate to insure that any such
    motor vehicle or engine will be brought into conformity with the
    standards, requirements, and limitations applicable to it under
    this part. The Secretary of the Treasury shall, if a motor vehicle
    or engine is finally refused admission under this paragraph, cause
    disposition thereof in accordance with the customs laws unless it
    is exported, under regulations prescribed by such Secretary, within
    ninety days of the date of notice of such refusal or such
    additional time as may be permitted pursuant to such regulations,
    except that disposition in accordance with the customs laws may not
    be made in such manner as may result, directly or indirectly, in
    the sale, to the ultimate consumer, of a new motor vehicle or new
    motor vehicle engine that fails to comply with applicable standards
    of the Administrator under this part.
      (3) A new motor vehicle or new motor vehicle engine intended
    solely for export, and so labeled or tagged on the outside of the
    container and on the vehicle or engine itself, shall be subject to
    the provisions of subsection (a) of this section, except that if
    the country which is to receive such vehicle or engine has emission
    standards which differ from the standards prescribed under section
    7521 of this title, then such vehicle or engine shall comply with
    the standards of such country which is to receive such vehicle or
    engine.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 203, as added Pub. L. 89-
    272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 993; amended
    Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L. 91-
    604, Secs. 7(a), 11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat.
    1693, 1705, 1713; Pub. L. 95-95, title II, Secs. 206, 211(a),
    218(a), (d), 219(a), (b), Aug. 7, 1977, 91 Stat. 755, 757, 761,
    762; Pub. L. 95-190, Sec. 14(a)(66)-(68), Nov. 16, 1977, 91 Stat.
    1403; Pub. L. 101-549, title II, Secs. 228(a), (b), (e), 230(6),
    Nov. 15, 1990, 104 Stat. 2507, 2511, 2529.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-2 of this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-549, Sec. 228(b)(2), inserted two
    sentences at end which set forth conditions under which actions
    with respect to devices or elements of design, referred to in par.
    (3), would not be deemed prohibited acts.
      Subsec. (a)(1). Pub. L. 101-549, Sec. 228(e)(1), inserted "or
    part C of this subchapter in the case of clean-fuel vehicles"
    before "(except".
      Subsec. (a)(2). Pub. L. 101-549, Sec. 228(a), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "for any
    person to fail or refuse to permit access to or copying of records
    or to fail to make reports or provide information, required under
    section 7542 of this title or for any person to fail or refuse to
    permit entry, testing, or inspection authorized under section
    7525(c) of this title;".
      Subsec. (a)(3). Pub. L. 101-549, Sec. 228(b)(1), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows:
      "(A) for any person to remove or render inoperative any device or
    element of design installed on or in a motor vehicle or motor
    vehicle engine in compliance with regulations under this subchapter
    prior to its sale and delivery to the ultimate purchaser, or for
    any manufacturer or dealer knowingly to remove or render
    inoperative any such device or element of design after such sale
    and delivery to the ultimate purchaser; or
      "(B) for any person engaged in the business of repairing,
    servicing, selling, leasing, or trading motor vehicles or motor
    vehicle engines, or who operates a fleet of motor vehicles,
    knowingly to remove or render inoperative any device or element of
    design installed on or in a motor vehicle or motor vehicle engine
    in compliance with regulations under this subchapter following its
    sale and delivery to the ultimate purchaser; or".
      Subsec. (a)(4). Pub. L. 101-549, Sec. 228(e)(2), inserted "part C
    of this subchapter" after "section 7521 of this title".
      Subsec. (a)(4)(A). Pub. L. 101-549, Sec. 228(e)(3), inserted cl.
    (i) designation and added cl. (ii).
      Subsec. (a)(4)(B). Pub. L. 101-549, Sec. 228(e)(4), inserted at
    end "or the corresponding requirements of part C of this subchapter
    in the case of clean fuel vehicles".
      Subsec. (a)(4)(C). Pub. L. 101-549, Sec. 228(e)(5), inserted "and
    the corresponding requirements of part C of this subchapter in the
    case of clean fuel vehicles" after "section 7541 of this title".
      Subsec. (a)(4)(D). Pub. L. 101-549, Sec. 228(e)(6), inserted "or
    the corresponding requirements of part C of this subchapter in the
    case of clean fuel vehicles" before "with respect to any vehicle".
      Subsec. (a)(5). Pub. L. 101-549, Sec. 228(e)(7), added par. (5).
      Subsec. (c). Pub. L. 101-549, Sec. 230(6), struck out subsec. (c)
    which related to exemptions to permit modifications of emission
    control devices or systems.
      1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(68), in closing
    text inserted a period after "section 7549 of this title".
      Pub. L. 95-95, Secs. 206, 211(a), 218(a), 219(a), (b), inserted
    "or for any person to fail or refuse to permit entry, testing, or
    inspection authorized under section 7525(c) of this title" in par.
    (2), designated existing provisions of par. (3) as subpar. (A) and
    added subpar. (B), added subpars. (C) and (D) in par. (4), and,
    following par. (4), inserted provisions that no action with respect
    to any element of design referred to in par. (3) (including
    adjustment or alteration of such element) be treated as a
    prohibited act under par. (3) if the action is in accordance with
    section 7549 of this title and that nothing in par. (3) be
    construed to require the use of manufacturer parts in maintaining
    or repairing motor vehicles or motor vehicle engines.
      Subsec. (a)(3)(B). Pub. L. 95-190, Sec. 14(a)(66), substituted
    "purchaser;" for "purchaser,".
      Subsec. (a)(4)(C). Pub. L. 95-190, Sec. 14(a)(67), inserted "or"
    after "such person,".
      Subsec. (b)(3). Pub. L. 95-95, Sec. 218(d), substituted "section
    7521 of this title" for "subsection (a) of this section" and
    "country which is to receive such vehicle or engine" for "country
    of export".
      1970 - Subsec. (a)(1). Pub. L. 91-604, Sec. 7(a)(1), struck out
    reference to the manufacture of new motor vehicles or new motor
    vehicle engines for sale, inserted provision for issuance by the
    Administrator of regulations regarding exceptions in the case of
    importation of new motor vehicles or new motor vehicle engines, and
    substituted "importation" into the United States of such units for
    "importation for sale or resale" into the United States of such
    units.
      Subsec. (a)(2). Pub. L. 91-604, Sec. 7(a)(2), substituted
    "section 208" for "section 207", both of which, for purposes of
    codification, are translated as "section 7542 of this title".
      Subsec. (a)(3). Pub. L. 91-604, Secs. 7(a)(3), 11(a)(2)(A),
    substituted "part" for "subchapter" and inserted provisions
    prohibiting the knowing removal or inoperation by manufacturers or
    dealers of devices or elements of design after sale and delivery to
    the ultimate purchaser.
      Subsec. (a)(4). Pub. L. 91-604, Sec. 7(a)(4), added par. (4).
      Subsec. (b)(1). Pub. L. 91-604, Secs. 7(a)(5), 15(c)(2), struck
    out reference to the exemption of a class of new motor vehicles or
    new motor vehicle engines, struck out the protection of the public
    health and welfare from the enumeration of purposes for which
    exemptions may be made, and substituted "Administrator" for
    "Secretary".
      Subsec. (b)(2). Pub. L. 91-604, Secs. 7(a)(6), 11(a)(2)(A),
    15(c)(2), substituted "Administrator" for "Secretary of Health,
    Education, and Welfare", "importation or imported by any person"
    for "importation by a manufacturer", and "part" for "subchapter".
      Subsec. (b)(3). Pub. L. 91-604, Sec. 7(a)(7)(A), inserted
    provision that, if the country of export has emission standards
    which differ from the standards prescribed under subsec. (a), such
    vehicle or engine must comply with the standards of such country of
    export.
      Subsec. (c). Pub. L. 91-604, Sec. 7(a)(7)(B), added subsec. (c).
      1967 - Subsec. (a). Pub. L. 90-148 substituted "conformity with
    regulations prescribed under this subchapter" for "conformity with
    regulations prescribed under section 7521 of this title" in par.
    (1).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-FOOTNOTE-               

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

-End-

-CITE-
    42 USC Sec. 7523                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7523. Actions to restrain violations

-STATUTE-
    (a) Jurisdiction
      The district courts of the United States shall have jurisdiction
    to restrain violations of section 7522(a) of this title.
    (b) Actions brought by or in name of United States; subpenas
      Actions to restrain such violations shall be brought by and in
    the name of the United States. In any such action, subpenas for
    witnesses who are required to attend a district court in any
    district may run into any other district.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 204, as added Pub. L. 89-
    272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; amended
    Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91-
    604, Sec. 7(b), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95-95, title
    II, Sec. 218(b), Aug. 7, 1977, 91 Stat. 761.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-3 of this title.

-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (a). Pub. L. 95-95 struck out "paragraph (1), (2),
    (3), or (4)" after "restrain violations of".
      1970 - Subsec. (a). Pub. L. 91-604 inserted reference to par. (4)
    of section 7522(a) of this title.
      1967 - Pub. L. 90-148 reenacted section without change.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                      PENDING ACTIONS AND PROCEEDINGS                  
      Suits, actions, and other proceedings lawfully commenced by or
    against the Administrator or any other officer or employee of the
    United States in his official capacity or in relation to the
    discharge of his official duties under act July 14, 1955, the Clean
    Air Act, as in effect immediately prior to the enactment of Pub. L.
    95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
    of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
    an Effective Date of 1977 amendment note under section 7401 of this
    title.

-End-

-CITE-
    42 USC Sec. 7524                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7524. Civil penalties

-STATUTE-
    (a) Violations
      Any person who violates sections (!1) 7522(a)(1), 7522(a)(4), or
    7522(a)(5) of this title or any manufacturer or dealer who violates
    section 7522(a)(3)(A) of this title shall be subject to a civil
    penalty of not more than $25,000. Any person other than a
    manufacturer or dealer who violates section 7522(a)(3)(A) of this
    title or any person who violates section 7522(a)(3)(B) of this
    title shall be subject to a civil penalty of not more than $2,500.
    Any such violation with respect to paragraph (1), (3)(A), or (4) of
    section 7522(a) of this title shall constitute a separate offense
    with respect to each motor vehicle or motor vehicle engine. Any
    such violation with respect to section 7522(a)(3)(B) of this title
    shall constitute a separate offense with respect to each part or
    component. Any person who violates section 7522(a)(2) of this title
    shall be subject to a civil penalty of not more than $25,000 per
    day of violation.

    (b) Civil actions
      The Administrator may commence a civil action to assess and
    recover any civil penalty under subsection (a) of this section,
    section 7545(d) of this title, or section 7547(d) of this title.
    Any action under this subsection may be brought in the district
    court of the United States for the district in which the violation
    is alleged to have occurred or in which the defendant resides or
    has the Administrator's principal place of business, and the court
    shall have jurisdiction to assess a civil penalty. In determining
    the amount of any civil penalty to be assessed under this
    subsection, the court shall take into account the gravity of the
    violation, the economic benefit or savings (if any) resulting from
    the violation, the size of the violator's business, the violator's
    history of compliance with this subchapter, action taken to remedy
    the violation, the effect of the penalty on the violator's ability
    to continue in business, and such other matters as justice may
    require. In any such action, subpoenas for witnesses who are
    required to attend a district court in any district may run into
    any other district.
    (c) Administrative assessment of certain penalties
      (1) Administrative penalty authority
        In lieu of commencing a civil action under subsection (b) of
      this section, the Administrator may assess any civil penalty
      prescribed in subsection (a) of this section, section 7545(d) of
      this title, or section 7547(d) of this title, except that the
      maximum amount of penalty sought against each violator in a
      penalty assessment proceeding shall not exceed $200,000, unless
      the Administrator and the Attorney General jointly determine that
      a matter involving a larger penalty amount is appropriate for
      administrative penalty assessment. Any such determination by the
      Administrator and the Attorney General shall not be subject to
      judicial review. Assessment of a civil penalty under this
      subsection shall be by an order made on the record after
      opportunity for a hearing in accordance with sections 554 and 556
      of title 5. The Administrator shall issue reasonable rules for
      discovery and other procedures for hearings under this paragraph.
      Before issuing such an order, the Administrator shall give
      written notice to the person to be assessed an administrative
      penalty of the Administrator's proposal to issue such order and
      provide such person an opportunity to request such a hearing on
      the order, within 30 days of the date the notice is received by
      such person. The Administrator may compromise, or remit, with or
      without conditions, any administrative penalty which may be
      imposed under this section.
      (2) Determining amount
        In determining the amount of any civil penalty assessed under
      this subsection, the Administrator shall take into account the
      gravity of the violation, the economic benefit or savings (if
      any) resulting from the violation, the size of the violator's
      business, the violator's history of compliance with this
      subchapter, action taken to remedy the violation, the effect of
      the penalty on the violator's ability to continue in business,
      and such other matters as justice may require.
      (3) Effect of Administrator's action
        (A) Action by the Administrator under this subsection shall not
      affect or limit the Administrator's authority to enforce any
      provision of this chapter; except that any violation,
          (i) with respect to which the Administrator has commenced and
        is diligently prosecuting an action under this subsection, or
          (ii) for which the Administrator has issued a final order not
        subject to further judicial review and the violator has paid a
        penalty assessment under this subsection,

      shall not be the subject of civil penalty action under subsection
      (b) of this section.
        (B) No action by the Administrator under this subsection shall
      affect any person's obligation to comply with any section of this
      chapter.
      (4) Finality of order
        An order issued under this subsection shall become final 30
      days after its issuance unless a petition for judicial review is
      filed under paragraph (5).
      (5) Judicial review
        Any person against whom a civil penalty is assessed in
      accordance with this subsection may seek review of the assessment
      in the United States District Court for the District of Columbia,
      or for the district in which the violation is alleged to have
      occurred, in which such person resides, or where such person's
      principal place of business is located, within the 30-day period
      beginning on the date a civil penalty order is issued. Such
      person shall simultaneously send a copy of the filing by
      certified mail to the Administrator and the Attorney General. The
      Administrator shall file in the court a certified copy, or
      certified index, as appropriate, of the record on which the order
      was issued within 30 days. The court shall not set aside or
      remand any order issued in accordance with the requirements of
      this subsection unless there is not substantial evidence in the
      record, taken as a whole, to support the finding of a violation
      or unless the Administrator's assessment of the penalty
      constitutes an abuse of discretion, and the court shall not
      impose additional civil penalties unless the Administrator's
      assessment of the penalty constitutes an abuse of discretion. In
      any proceedings, the United States may seek to recover civil
      penalties assessed under this section.
      (6) Collection
        If any person fails to pay an assessment of a civil penalty
      imposed by the Administrator as provided in this subsection - 
          (A) after the order making the assessment has become final,
        or
          (B) after a court in an action brought under paragraph (5)
        has entered a final judgment in favor of the Administrator,

      the Administrator shall request the Attorney General to bring a
      civil action in an appropriate district court to recover the
      amount assessed (plus interest at rates established pursuant to
      section 6621(a)(2) of title 26 from the date of the final order
      or the date of the final judgment, as the case may be). In such
      an action, the validity, amount, and appropriateness of the
      penalty shall not be subject to review. Any person who fails to
      pay on a timely basis the amount of an assessment of a civil
      penalty as described in the first sentence of this paragraph
      shall be required to pay, in addition to that amount and
      interest, the United States' enforcement expenses, including
      attorneys fees and costs for collection proceedings, and a
      quarterly nonpayment penalty for each quarter during which such
      failure to pay persists. The nonpayment penalty shall be in an
      amount equal to 10 percent of the aggregate amount of that
      person's penalties and nonpayment penalties which are unpaid as
      of the beginning of such quarter.

-SOURCE-
    (July 14, 1955, ch. 360, title I, Sec. 205, as added Pub. L. 89-
    272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 994; amended
    Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91-
    604, Sec. 7(c), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95-95, title
    II, Sec. 219(c), Aug. 7, 1977, 91 Stat. 762; Pub. L. 101-549, title
    II, Sec. 228(c), Nov. 15, 1990, 104 Stat. 2508.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-4 of this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-549 amended section generally. Prior to
    amendment, section read as follows: "Any person who violates
    paragraph (1), (2), or (4) of section 7522(a) of this title or any
    manufacturer, dealer, or other person who violates paragraph (3)(A)
    of section 7522(a) of this title shall be subject to a civil
    penalty of not more than $10,000. Any person who violates paragraph
    (3)(B) of such section 7522(a) shall be subject to a civil penalty
    of not more than $2,500. Any such violation with respect to
    paragraph (1), (3), or (4) of section 7522(a) of this title shall
    constitute a separate offense with respect to each motor vehicle or
    motor vehicle engine."
      1977 - Pub. L. 95-95 substituted "Any person who violates
    paragraph (1), (2), or (4) of section 7522(a) of this title, or any
    manufacturer, dealer, or other person who violates paragraph (3)(A)
    of section 7522(a) of this title" for "Any person who violates
    paragraph (1), (2), (3), or (4) of section 7522(a) of this title"
    in provisions covering the civil penalty of $10,000, and inserted
    provisions for a civil penalty of not more than $2,500 for
    violations of par. (3)(B) of section 7522(a) of this title.
      1970 - Pub. L. 91-604 increased the upper limit of the allowable
    fine from "$1,000" to "$10,000".
      1967 - Pub. L. 90-148 reenacted section without change.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".

-End-

-CITE-
    42 USC Sec. 7525                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7525. Motor vehicle and motor vehicle engine compliance
      testing and certification

-STATUTE-
    (a) Testing and issuance of certificate of conformity
      (1) The Administrator shall test, or require to be tested in such
    manner as he deems appropriate, any new motor vehicle or new motor
    vehicle engine submitted by a manufacturer to determine whether
    such vehicle or engine conforms with the regulations prescribed
    under section 7521 of this title. If such vehicle or engine
    conforms to such regulations, the Administrator shall issue a
    certificate of conformity upon such terms, and for such period (not
    in excess of one year), as he may prescribe. In the case of any
    original equipment manufacturer (as defined by the Administrator in
    regulations promulgated before November 15, 1990) of vehicles or
    vehicle engines whose projected sales in the United States for any
    model year (as determined by the Administrator) will not exceed
    300, the Administrator shall not require, for purposes of
    determining compliance with regulations under section 7521 of this
    title for the useful life of the vehicle or engine, operation of
    any vehicle or engine manufactured during such model year for more
    than 5,000 miles or 160 hours, respectively, unless the
    Administrator, by regulation, prescribes otherwise. The
    Administrator shall apply any adjustment factors that the
    Administrator deems appropriate to assure that each vehicle or
    engine will comply during its useful life (as determined under
    section 7521(d) of this title) with the regulations prescribed
    under section 7521 of this title.
      (2) The Administrator shall test any emission control system
    incorporated in a motor vehicle or motor vehicle engine submitted
    to him by any person, in order to determine whether such system
    enables such vehicle or engine to conform to the standards required
    to be prescribed under section 7521(b) of this title. If the
    Administrator finds on the basis of such tests that such vehicle or
    engine conforms to such standards, the Administrator shall issue a
    verification of compliance with emission standards for such system
    when incorporated in vehicles of a class of which the tested
    vehicle is representative. He shall inform manufacturers and the
    National Academy of Sciences, and make available to the public, the
    results of such tests. Tests under this paragraph shall be
    conducted under such terms and conditions (including requirements
    for preliminary testing by qualified independent laboratories) as
    the Administrator may prescribe by regulations.
      (3)(A) A certificate of conformity may be issued under this
    section only if the Administrator determines that the manufacturer
    (or in the case of a vehicle or engine for import, any person) has
    established to the satisfaction of the Administrator that any
    emission control device, system, or element of design installed on,
    or incorporated in, such vehicle or engine conforms to applicable
    requirements of section 7521(a)(4) of this title.
      (B) The Administrator may conduct such tests and may require the
    manufacturer (or any such person) to conduct such tests and provide
    such information as is necessary to carry out subparagraph (A) of
    this paragraph. Such requirements shall include a requirement for
    prompt reporting of the emission of any unregulated pollutant from
    a system, device, or element of design if such pollutant was not
    emitted, or was emitted in significantly lesser amounts, from the
    vehicle or engine without use of the system, device, or element of
    design.
      (4)(A) Not later than 12 months after November 15, 1990, the
    Administrator shall revise the regulations promulgated under this
    subsection to add test procedures capable of determining whether
    model year 1994 and later model year light-duty vehicles and light-
    duty trucks, when properly maintained and used, will pass the
    inspection methods and procedures established under section 7541(b)
    of this title for that model year, under conditions reasonably
    likely to be encountered in the conduct of inspection and
    maintenance programs, but which those programs cannot reasonably
    influence or control. The conditions shall include fuel
    characteristics, ambient temperature, and short (30 minutes or
    less) waiting periods before tests are conducted. The Administrator
    shall not grant a certificate of conformity under this subsection
    for any 1994 or later model year vehicle or engine that the
    Administrator concludes cannot pass the test procedures established
    under this paragraph.
      (B) From time to time, the Administrator may revise the
    regulations promulgated under subparagraph (A), as the
    Administrator deems appropriate.
    (b) Testing procedures; hearing; judicial review; additional
      evidence
      (1) In order to determine whether new motor vehicles or new motor
    vehicle engines being manufactured by a manufacturer do in fact
    conform with the regulations with respect to which the certificate
    of conformity was issued, the Administrator is authorized to test
    such vehicles or engines. Such tests may be conducted by the
    Administrator directly or, in accordance with conditions specified
    by the Administrator, by the manufacturer.
      (2)(A)(i) If, based on tests conducted under paragraph (1) on a
    sample of new vehicles or engines covered by a certificate of
    conformity, the Administrator determines that all or part of the
    vehicles or engines so covered do not conform with the regulations
    with respect to which the certificate of conformity was issued and
    with the requirements of section 7521(a)(4) of this title, he may
    suspend or revoke such certificate in whole or in part, and shall
    so notify the manufacturer. Such suspension or revocation shall
    apply in the case of any new motor vehicles or new motor vehicle
    engines manufactured after the date of such notification (or
    manufactured before such date if still in the hands of the
    manufacturer), and shall apply until such time as the Administrator
    finds that vehicles and engines manufactured by the manufacturer do
    conform to such regulations and requirements. If, during any period
    of suspension or revocation, the Administrator finds that a vehicle
    or engine actually conforms to such regulations and requirements,
    he shall issue a certificate of conformity applicable to such
    vehicle or engine.
      (ii) If, based on tests conducted under paragraph (1) on any new
    vehicle or engine, the Administrator determines that such vehicle
    or engine does not conform with such regulations and requirements,
    he may suspend or revoke such certificate insofar as it applies to
    such vehicle or engine until such time as he finds such vehicle or
    engine actually so conforms with such regulations and requirements,
    and he shall so notify the manufacturer.
      (B)(i) At the request of any manufacturer the Administrator shall
    grant such manufacturer a hearing as to whether the tests have been
    properly conducted or any sampling methods have been properly
    applied, and make a determination on the record with respect to any
    suspension or revocation under subparagraph (A); but suspension or
    revocation under subparagraph (A) shall not be stayed by reason of
    such hearing.
      (ii) In any case of actual controversy as to the validity of any
    determination under clause (i), the manufacturer may at any time
    prior to the 60th day after such determination is made file a
    petition with the United States court of appeals for the circuit
    wherein such manufacturer resides or has his principal place of
    business for a judicial review of such determination. A copy of the
    petition shall be forthwith transmitted by the clerk of the court
    to the Administrator or other officer designated by him for that
    purpose. The Administrator thereupon shall file in the court the
    record of the proceedings on which the Administrator based his
    determination, as provided in section 2112 of title 28.
      (iii) If the petitioner applies to the court for leave to adduce
    additional evidence, and shows to the satisfaction of the court
    that such additional evidence is material and that there were
    reasonable grounds for the failure to adduce such evidence in the
    proceeding before the Administrator, the court may order such
    additional evidence (and evidence in rebuttal thereof) to be taken
    before the Administrator, in such manner and upon such terms and
    conditions as the court may deem proper. The Administrator may
    modify his findings as to the facts, or make new findings, by
    reason of the additional evidence so taken and he shall file such
    modified or new findings, and his recommendation, if any, for the
    modification or setting aside of his original determination, with
    the return of such additional evidence.
      (iv) Upon the filing of the petition referred to in clause (ii),
    the court shall have jurisdiction to review the order in accordance
    with chapter 7 of title 5 and to grant appropriate relief as
    provided in such chapter.
    (c) Inspection
      For purposes of enforcement of this section, officers or
    employees duly designated by the Administrator, upon presenting
    appropriate credentials to the manufacturer or person in charge,
    are authorized (1) to enter, at reasonable times, any plant or
    other establishment of such manufacturer, for the purpose of
    conducting tests of vehicles or engines in the hands of the
    manufacturer, or (2) to inspect, at reasonable times, records,
    files, papers, processes, controls, and facilities used by such
    manufacturer in conducting tests under regulations of the
    Administrator. Each such inspection shall be commenced and
    completed with reasonable promptness.
    (d) Rules and regulations
      The Administrator shall by regulation establish methods and
    procedures for making tests under this section.
    (e) Publication of test results
      The Administrator shall make available to the public the results
    of his tests of any motor vehicle or motor vehicle engine submitted
    by a manufacturer under subsection (a) of this section as promptly
    as possible after December 31, 1970, and at the beginning of each
    model year which begins thereafter. Such results shall be described
    in such nontechnical manner as will reasonably disclose to
    prospective ultimate purchasers of new motor vehicles and new motor
    vehicle engines the comparative performance of the vehicles and
    engines tested in meeting the standards prescribed under section
    7521 of this title.
    (f) High altitude regulations
      All light duty (!1) vehicles and engines manufactured during or
    after model year 1984 and all light-duty trucks manufactured during
    or after model year 1995 shall comply with the requirements of
    section 7521 of this title regardless of the altitude at which they
    are sold.

    (g) Nonconformance penalty
      (1) In the case of any class or category of heavy-duty vehicles
    or engines to which a standard promulgated under section 7521(a) of
    this title applies, except as provided in paragraph (2), a
    certificate of conformity shall be issued under subsection (a) of
    this section and shall not be suspended or revoked under subsection
    (b) of this section for such vehicles or engines manufactured by a
    manufacturer notwithstanding the failure of such vehicles or
    engines to meet such standard if such manufacturer pays a
    nonconformance penalty as provided under regulations promulgated by
    the Administrator after notice and opportunity for public hearing.
    In the case of motorcycles to which such a standard applies, such a
    certificate may be issued notwithstanding such failure if the
    manufacturer pays such a penalty.
      (2) No certificate of conformity may be issued under paragraph
    (1) with respect to any class or category of vehicle or engine if
    the degree by which the manufacturer fails to meet any standard
    promulgated under section 7521(a) of this title with respect to
    such class or category exceeds the percentage determined under
    regulations promulgated by the Administrator to be practicable.
    Such regulations shall require such testing of vehicles or engines
    being produced as may be necessary to determine the percentage of
    the classes or categories of vehicles or engines which are not in
    compliance with the regulations with respect to which a certificate
    of conformity was issued and shall be promulgated not later than
    one year after August 7, 1977.
      (3) The regulations promulgated under paragraph (1) shall, not
    later than one year after August 7, 1977, provide for
    nonconformance penalties in amounts determined under a formula
    established by the Administrator. Such penalties under such formula
    - 
        (A) may vary from pollutant-to-pollutant;
        (B) may vary by class or category or vehicle or engine;
        (C) shall take into account the extent to which actual
      emissions of any air pollutant exceed allowable emissions under
      the standards promulgated under section 7521 of this title;
        (D) shall be increased periodically in order to create
      incentives for the development of production vehicles or engines
      which achieve the required degree of emission reduction; and
        (E) shall remove any competitive disadvantage to manufacturers
      whose engines or vehicles achieve the required degree of emission
      reduction (including any such disadvantage arising from the
      application of paragraph (4)).

      (4) In any case in which a certificate of conformity has been
    issued under this subsection, any warranty required under section
    7541(b)(2) of this title and any action under section 7541(c) of
    this title shall be required to be effective only for the emission
    levels which the Administrator determines that such certificate was
    issued and not for the emission levels required under the
    applicable standard.
      (5) The authorities of section 7542(a) of this title shall apply,
    subject to the conditions of section 7542(b) (!2) of this title,
    for purposes of this subsection.

    (h) Review and revision of regulations
      Within 18 months after November 15, 1990, the Administrator shall
    review and revise as necessary the regulations under subsection
    (!3) (a) and (b) of this section regarding the testing of motor
    vehicles and motor vehicle engines to insure that vehicles are
    tested under circumstances which reflect the actual current driving
    conditions under which motor vehicles are used, including
    conditions relating to fuel, temperature, acceleration, and
    altitude.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 206, as added Pub. L. 91-
    604, Sec. 8(a), Dec. 31, 1970, 84 Stat. 1694; amended Pub. L. 95-
    95, title II, Secs. 213(a), 214(b), (c), 220, 224(e), Aug. 7,
    1977, 91 Stat. 758-760, 762, 768; Pub. L. 95-190, Sec. 14(a)(69),
    Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101-549, title II, Secs. 208,
    230(7), (8), Nov. 15, 1990, 104 Stat. 2483, 2529.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7542 of this title, referred to in subsec. (g)(5), was
    amended generally by Pub. L. 101-549, title II, Sec. 211, Nov. 15,
    1990, 104 Stat. 2487, and provisions formerly contained in section
    7542(b) of this title are contained in section 7542(c).

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-5 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 206 of act July 14, 1955, related to testing of
    motor vehicles and motor vehicle engines and was classified to
    section 1857f-5 of this title, prior to repeal by Pub. L. 91-604.

                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 208(b), inserted new
    third sentence and struck out former third sentence which read as
    follows: "In the case of any manufacturer of vehicles or vehicle
    engines whose projected sales in the United States for any model
    year (as determined by the Administrator) will not exceed three
    hundred, the regulations prescribed by the Administrator concerning
    testing by the manufacturer for purposes of determining compliance
    with regulations under section 7521 of this title for the useful
    life of the vehicle or engine shall not require operation of any
    vehicle or engine manufactured during such model year for more than
    five thousand miles or one hundred and sixty hours, respectively,
    but the Administrator shall apply such adjustment factors as he
    deems appropriate to assure that each such vehicle or engine will
    comply during its useful life (as determined under section 7521(d)
    of this title) with the regulations prescribed under section 7521
    of this title."
      Subsec. (a)(4). Pub. L. 101-549, Sec. 208(a), added par. (4).
      Subsec. (e). Pub. L. 101-549, Sec. 230(7), struck out "announce
    in the Federal Register and" after "The Administrator shall".
      Subsec. (f). Pub. L. 101-549, Sec. 230(8), struck out par. (1)
    designation before "All light duty vehicles", inserted reference to
    all light-duty trucks manufactured during or after model year 1995,
    and struck out par. (2) which required the Administrator to report
    to Congress by Oct. 1, 1978, on the economic impact and
    technological feasibility of the requirements of former par. (1).
      Subsec. (h). Pub. L. 101-549, Sec. 208(c), added subsec. (h).
      1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 220, inserted
    provisions covering testing by small manufacturers.
      Subsec. (a)(3). Pub. L. 95-95, Sec. 214(b), added par. (3).
      Subsec. (b)(2)(A)(i). Pub. L. 95-95, Sec. 214(c)(1), (2),
    substituted "certificate of conformity was issued and with the
    requirements of section 7521(a)(4) of this title, he may suspend"
    for "certificate of conformity was issued, he may suspend" and
    "such regulations and requirements" for "such regulations".
      Subsec. (b)(2)(A)(ii). Pub. L. 95-95, Sec. 214(c)(2), substituted
    "such regulations and requirements" for "such regulations".
      Subsec. (f). Pub. L. 95-95, Sec. 213(a), added subsec. (f).
      Subsec. (g). Pub. L. 95-95, Sec. 224(e), added subsec. (g).
      Subsec. (g)(3)(D). Pub. L. 95-190 inserted "shall" before "be".

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                              EFFECTIVE DATE                          
      Section 8(b) of Pub. L. 91-604 provided that: "The amendments
    made by this section [enacting this section and section 7541 of
    this title] shall not apply to vehicles or engines imported into
    the United States before the sixtieth day after the date of
    enactment of this Act [Dec. 31, 1970]."

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

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

    (!2) See References in Text note below.

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

-End-

-CITE-
    42 USC Sec. 7541                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7541. Compliance by vehicles and engines in actual use

-STATUTE-
    (a) Warranty; certification; payment of replacement costs of parts,
      devices, or components designed for emission control
      (1) Effective with respect to vehicles and engines manufactured
    in model years beginning more than 60 days after December 31, 1970,
    the manufacturer of each new motor vehicle and new motor vehicle
    engine shall warrant to the ultimate purchaser and each subsequent
    purchaser that such vehicle or engine is (A) designed, built, and
    equipped so as to conform at the time of sale with applicable
    regulations under section 7521 of this title, and (B) free from
    defects in materials and workmanship which cause such vehicle or
    engine to fail to conform with applicable regulations for its
    useful life (as determined under section 7521(d) of this title). In
    the case of vehicles and engines manufactured in the model year
    1995 and thereafter such warranty shall require that the vehicle or
    engine is free from any such defects for the warranty period
    provided under subsection (i) of this section.
      (2) In the case of a motor vehicle part or motor vehicle engine
    part, the manufacturer or rebuilder of such part may certify that
    use of such part will not result in a failure of the vehicle or
    engine to comply with emission standards promulgated under section
    7521 of this title. Such certification shall be made only under
    such regulations as may be promulgated by the Administrator to
    carry out the purposes of subsection (b) of this section. The
    Administrator shall promulgate such regulations no later than two
    years following August 7, 1977.
      (3) The cost of any part, device, or component of any light-duty
    vehicle that is designed for emission control and which in the
    instructions issued pursuant to subsection (c)(3) of this section
    is scheduled for replacement during the useful life of the vehicle
    in order to maintain compliance with regulations under section 7521
    of this title, the failure of which shall not interfere with the
    normal performance of the vehicle, and the expected retail price of
    which, including installation costs, is greater than 2 percent of
    the suggested retail price of such vehicle, shall be borne or
    reimbursed at the time of replacement by the vehicle manufacturer
    and such replacement shall be provided without cost to the ultimate
    purchaser, subsequent purchaser, or dealer. The term "designed for
    emission control" as used in the preceding sentence means a
    catalytic converter, thermal reactor, or other component installed
    on or in a vehicle for the sole or primary purpose of reducing
    vehicle emissions (not including those vehicle components which
    were in general use prior to model year 1968 and the primary
    function of which is not related to emission control).
    (b) Testing methods and procedures
      If the Administrator determines that (i) there are available
    testing methods and procedures to ascertain whether, when in actual
    use throughout its (!1) the warranty period (as determined under
    subsection (i) of this section), each vehicle and engine to which
    regulations under section 7521 of this title apply complies with
    the emission standards of such regulations, (ii) such methods and
    procedures are in accordance with good engineering practices, and
    (iii) such methods and procedures are reasonably capable of being
    correlated with tests conducted under section 7525(a)(1) of this
    title, then - 

        (1) he shall establish such methods and procedures by
      regulation, and
        (2) at such time as he determines that inspection facilities or
      equipment are available for purposes of carrying out testing
      methods and procedures established under paragraph (1), he shall
      prescribe regulations which shall require manufacturers to
      warrant the emission control device or system of each new motor
      vehicle or new motor vehicle engine to which a regulation under
      section 7521 of this title applies and which is manufactured in a
      model year beginning after the Administrator first prescribes
      warranty regulations under this paragraph (2). The warranty under
      such regulations shall run to the ultimate purchaser and each
      subsequent purchaser and shall provide that if - 
          (A) the vehicle or engine is maintained and operated in
        accordance with instructions under subsection (c)(3) of this
        section,
          (B) it fails to conform at any time during its (!1) the
        warranty period (as determined under subsection (i) of this
        section) to the regulations prescribed under section 7521 of
        this title, and
          (C) such nonconformity results in the ultimate purchaser (or
        any subsequent purchaser) of such vehicle or engine having to
        bear any penalty or other sanction (including the denial of the
        right to use such vehicle or engine) under State or Federal
        law,

      then such manufacturer shall remedy such nonconformity under such
      warranty with the cost thereof to be borne by the manufacturer.
      No such warranty shall be invalid on the basis of any part used
      in the maintenance or repair of a vehicle or engine if such part
      was certified as provided under subsection (a)(2) of this
      section.
    (c) Nonconforming vehicles; plan for remedying nonconformity;
      instructions for maintenance and use; label or tag
      Effective with respect to vehicles and engines manufactured
    during model years beginning more than 60 days after December 31,
    1970 - 
        (1) If the Administrator determines that a substantial number
      of any class or category of vehicles or engines, although
      properly maintained and used, do not conform to the regulations
      prescribed under section 7521 of this title, when in actual use
      throughout their useful life (as determined under section 7521(d)
      of this title), he shall immediately notify the manufacturer
      thereof of such nonconformity, and he shall require the
      manufacturer to submit a plan for remedying the nonconformity of
      the vehicles or engines with respect to which such notification
      is given. The plan shall provide that the nonconformity of any
      such vehicles or engines which are properly used and maintained
      will be remedied at the expense of the manufacturer. If the
      manufacturer disagrees with such determination of nonconformity
      and so advises the Administrator, the Administrator shall afford
      the manufacturer and other interested persons an opportunity to
      present their views and evidence in support thereof at a public
      hearing. Unless, as a result of such hearing the Administrator
      withdraws such determination of nonconformity, he shall, within
      60 days after the completion of such hearing, order the
      manufacturer to provide prompt notification of such nonconformity
      in accordance with paragraph (2).
        (2) Any notification required by paragraph (1) with respect to
      any class or category of vehicles or engines shall be given to
      dealers, ultimate purchasers, and subsequent purchasers (if
      known) in such manner and containing such information as the
      Administrator may by regulations require.
        (3)(A) The manufacturer shall furnish with each new motor
      vehicle or motor vehicle engine written instructions for the
      proper maintenance and use of the vehicle or engine by the
      ultimate purchaser and such instructions shall correspond to
      regulations which the Administrator shall promulgate. The
      manufacturer shall provide in boldface type on the first page of
      the written maintenance instructions notice that maintenance,
      replacement, or repair of the emission control devices and
      systems may be performed by any automotive repair establishment
      or individual using any automotive part which has been certified
      as provided in subsection (a)(2) of this section.
        (B) The instruction under subparagraph (A) of this paragraph
      shall not include any condition on the ultimate purchaser's
      using, in connection with such vehicle or engine, any component
      or service (other than a component or service provided without
      charge under the terms of the purchase agreement) which is
      identified by brand, trade, or corporate name; or directly or
      indirectly distinguishing between service performed by the
      franchised dealers of such manufacturer or any other service
      establishments with which such manufacturer has a commercial
      relationship, and service performed by independent automotive
      repair facilities with which such manufacturer has no commercial
      relationship; except that the prohibition of this subsection may
      be waived by the Administrator if - 
          (i) the manufacturer satisfies the Administrator that the
        vehicle or engine will function properly only if the component
        or service so identified is used in connection with such
        vehicle or engine, and
          (ii) the Administrator finds that such a waiver is in the
        public interest.

        (C) In addition, the manufacturer shall indicate by means of a
      label or tag permanently affixed to such vehicle or engine that
      such vehicle or engine is covered by a certificate of conformity
      issued for the purpose of assuring achievement of emissions
      standards prescribed under section 7521 of this title. Such label
      or tag shall contain such other information relating to control
      of motor vehicle emissions as the Administrator shall prescribe
      by regulation.
        (4) Intermediate in-use standards. - 
          (A) Model years 1994 and 1995. - For light-duty trucks of up
        to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty
        vehicles which are subject to standards under table G of
        section 7521(g)(1) of this title in model years 1994 and 1995
        (40 percent of the manufacturer's sales volume in model year
        1994 and 80 percent in model year 1995), the standards
        applicable to NMHC, CO, and NOx for purposes of this
        subsection shall be those set forth in table A below in lieu of
        the standards for such air pollutants otherwise applicable
        under this subchapter.

    TABLE A - INTERMEDIATE IN-USE STANDARDS LDTS UP TO 6,000 LBS. GVWR
                          AND LIGHT-DUTY VEHICLES
    --------------------------------------------------------------------
                     Vehicle type                  NMHC     CO     NOx  
    --------------------------------------------------------------------
    Light-duty vehicles                            0.32     3.4    0.4*
    LDT's (0-3,750 LVW)                            0.32     5.2    0.4*
    LDT's (3,751-5,750 LVW)                        0.41     6.7    0.7*

      *Not applicable to diesel-fueled vehicles.
    --------------------------------------------------------------------

          (B) Model years 1996 and thereafter. - (i) In the model years
        1996 and 1997, light-duty trucks (LDTs) up to 6,000 lbs. gross
        vehicle weight rating (GVWR) and light-duty vehicles which are
        not subject to final in-use standards under paragraph (5) (60
        percent of the manufacturer's sales volume in model year 1996
        and 20 percent in model year 1997) shall be subject to the
        standards set forth in table A of subparagraph (A) for NMHC,
        CO, and NOx for purposes of this subsection in lieu of those
        set forth in paragraph (5).
          (ii) For LDTs of more than 6,000 lbs. GVWR - 
            (I) in model year 1996 which are subject to the standards
          set forth in Table H of section 7521(h) of this title (50%);
            (II) in model year 1997 (100%); and
            (III) in model year 1998 which are not subject to final in-
          use standards under paragraph (5) (50%);

        the standards for NMHC, CO, and NOx for purposes of this
        subsection shall be those set forth in Table B below in lieu of
        the standards for such air pollutants otherwise applicable
        under this subchapter.

     TABLE B - INTERMEDIATE IN-USE STANDARDS LDTS MORE THAN 6,000 LBS.
                                   GVWR
    --------------------------------------------------------------------
                    Vehicle type                    NMHC     CO     NOx
    --------------------------------------------------------------------
    LDTs (3,751-5,750 lbs. TW)                       0.40     5.5    0.88*
    LDTs (over 5,750 lbs. TW)                        0.49     6.2    1.38*

      *Not applicable to diesel-fueled vehicles.
    --------------------------------------------------------------------

          (C) Useful life. - In the case of the in-use standards
        applicable under this paragraph, for purposes of applying this
        subsection, the applicable useful life shall be 5 years or
        50,000 miles or the equivalent (whichever first occurs).

        (5) Final in-use standards. - (A) After the model year 1995,
      for purposes of applying this subsection, in the case of the
      percentage specified in the implementation schedule below of each
      manufacturer's sales volume of light-duty trucks of up to 6,000
      lbs. gross vehicle weight rating (GVWR) and light duty (!2)
      vehicles, the standards for NMHC, CO, and NOx shall be as
      provided in Table G in section 7521(g) of this title, except that
      in applying the standards set forth in Table G for purposes of
      determining compliance with this subsection, the applicable
      useful life shall be (i) 5 years or 50,000 miles (or the
      equivalent) whichever first occurs in the case of standards
      applicable for purposes of certification at 50,000 miles; and
      (ii) 10 years or 100,000 miles (or the equivalent), whichever
      first occurs in the case of standards applicable for purposes of
      certification at 100,000 miles, except that no testing shall be
      done beyond 7 years or 75,000 miles, or the equivalent whichever
      first occurs.

      LDTS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE FOR
                 IMPLEMENTATION OF FINAL IN-USE STANDARDS
    --------------------------------------------------------------------
                         Model year                           Percent   
    --------------------------------------------------------------------
    1996                                                              40
    1997                                                              80
    1998                                                             100
    --------------------------------------------------------------------

        (B) After the model year 1997, for purposes of applying this
      subsection, in the case of the percentage specified in the
      implementation schedule below of each manufacturer's sales volume
      of light-duty trucks of more than 6,000 lbs. gross vehicle weight
      rating (GVWR), the standards for NMHC, CO, and NOx shall be as
      provided in Table H in section 7521(h) of this title, except that
      in applying the standards set forth in Table H for purposes of
      determining compliance with this subsection, the applicable
      useful life shall be (i) 5 years or 50,000 miles (or the
      equivalent) whichever first occurs in the case of standards
      applicable for purposes of certification at 50,000 miles; and
      (ii) 11 years or 120,000 miles (or the equivalent), whichever
      first occurs in the case of standards applicable for purposes of
      certification at 120,000 miles, except that no testing shall be
      done beyond 7 years or 90,000 miles (or the equivalent) whichever
      first occurs.

       LDTS OF MORE THAN 6,000 LBS. GVWR IMPLEMENTATION SCHEDULE FOR
                 IMPLEMENTATION OF FINAL IN-USE STANDARDS
    --------------------------------------------------------------------
                         Model year                           Percent   
    --------------------------------------------------------------------
    1998                                                              50
    1999                                                             100
    --------------------------------------------------------------------

        (6) Diesel vehicles; in-use useful life and testing. - (A) In
      the case of diesel-fueled light-duty trucks up to 6,000 lbs. GVWR
      and light-duty vehicles, the useful life for purposes of
      determining in-use compliance with the standards under section
      7521(g) of this title for NOx shall be a period of 10 years or
      100,000 miles (or the equivalent), whichever first occurs, in the
      case of standards applicable for purposes of certification at
      100,000 miles, except that testing shall not be done for a period
      beyond 7 years or 75,000 miles (or the equivalent) whichever
      first occurs.
        (B) In the case of diesel-fueled light-duty trucks of 6,000
      lbs. GVWR or more, the useful life for purposes of determining in-
      use compliance with the standards under section 7521(h) of this
      title for NOx shall be a period of 11 years or 120,000 miles
      (or the equivalent), whichever first occurs, in the case of
      standards applicable for purposes of certification at 120,000
      miles, except that testing shall not be done for a period beyond
      7 years or 90,000 miles (or the equivalent) whichever first
      occurs.
    (d) Dealer costs borne by manufacturer
      Any cost obligation of any dealer incurred as a result of any
    requirement imposed by subsection (a), (b), or (c) of this section
    shall be borne by the manufacturer. The transfer of any such cost
    obligation from a manufacturer to any dealer through franchise or
    other agreement is prohibited.
    (e) Cost statement
      If a manufacturer includes in any advertisement a statement
    respecting the cost or value of emission control devices or
    systems, such manufacturer shall set forth in such statement the
    cost or value attributed to such devices or systems by the
    Secretary of Labor (through the Bureau of Labor Statistics). The
    Secretary of Labor, and his representatives, shall have the same
    access for this purpose to the books, documents, papers, and
    records of a manufacturer as the Comptroller General has to those
    of a recipient of assistance for purposes of section 7611 of this
    title.
    (f) Inspection after sale to ultimate purchaser
      Any inspection of a motor vehicle or a motor vehicle engine for
    purposes of subsection (c)(1) of this section, after its sale to
    the ultimate purchaser, shall be made only if the owner of such
    vehicle or engine voluntarily permits such inspection to be made,
    except as may be provided by any State or local inspection program.
    (g) Replacement and maintenance costs borne by owner
      For the purposes of this section, the owner of any motor vehicle
    or motor vehicle engine warranted under this section is responsible
    in the proper maintenance of such vehicle or engine to replace and
    to maintain, at his expense at any service establishment or
    facility of his choosing, such items as spark plugs, points,
    condensers, and any other part, item, or device related to emission
    control (but not designed for emission control under the terms of
    the last sentence of subsection (a)(3) of this section)),(!3)
    unless such part, item, or device is covered by any warranty not
    mandated by this chapter.

    (h) Dealer certification
      (1) Upon the sale of each new light-duty motor vehicle by a
    dealer, the dealer shall furnish to the purchaser a certificate
    that such motor vehicle conforms to the applicable regulations
    under section 7521 of this title, including notice of the
    purchaser's rights under paragraph (2).
      (2) If at any time during the period for which the warranty
    applies under subsection (b) of this section, a motor vehicle fails
    to conform to the applicable regulations under section 7521 of this
    title as determined under subsection (b) of this section such
    nonconformity shall be remedied by the manufacturer at the cost of
    the manufacturer pursuant to such warranty as provided in
    subsection (b)(2) of this section (without regard to subparagraph
    (C) thereof).
      (3) Nothing in section 7543(a) of this title shall be construed
    to prohibit a State from testing, or requiring testing of, a motor
    vehicle after the date of sale of such vehicle to the ultimate
    purchaser (except that no new motor vehicle manufacturer or dealer
    may be required to conduct testing under this paragraph).
    (i) Warranty period
      (1) In general
        For purposes of subsection (a)(1) of this section and
      subsection (b) of this section, the warranty period, effective
      with respect to new light-duty trucks and new light-duty vehicles
      and engines, manufactured in the model year 1995 and thereafter,
      shall be the first 2 years or 24,000 miles of use (whichever
      first occurs), except as provided in paragraph (2). For purposes
      of subsection (a)(1) of this section and subsection (b) of this
      section, for other vehicles and engines the warranty period shall
      be the period established by the Administrator by regulation
      (promulgated prior to November 15, 1990) for such purposes unless
      the Administrator subsequently modifies such regulation.
      (2) Specified major emission control components
        In the case of a specified major emission control component,
      the warranty period for new light-duty trucks and new light-duty
      vehicles and engines manufactured in the model year 1995 and
      thereafter for purposes of subsection (a)(1) of this section and
      subsection (b) of this section shall be 8 years or 80,000 miles
      of use (whichever first occurs). As used in this paragraph, the
      term "specified major emission control component" means only a
      catalytic converter, an electronic emissions control unit, and an
      onboard emissions diagnostic device, except that the
      Administrator may designate any other pollution control device or
      component as a specified major emission control component if - 
          (A) the device or component was not in general use on
        vehicles and engines manufactured prior to the model year 1990;
        and
          (B) the Administrator determines that the retail cost
        (exclusive of installation costs) of such device or component
        exceeds $200 (in 1989 dollars), adjusted for inflation or
        deflation as calculated by the Administrator at the time of
        such determination.

      For purposes of this paragraph, the term "onboard emissions
      diagnostic device" means any device installed for the purpose of
      storing or processing emissions related diagnostic information,
      but not including any parts or other systems which it monitors
      except specified major emissions control components. Nothing in
      this chapter shall be construed to provide that any part (other
      than a part referred to in the preceding sentence) shall be
      required to be warranted under this chapter for the period of 8
      years or 80,000 miles referred to in this paragraph.
      (3) Instructions
        Subparagraph (A) of subsection (b)(2) of this section shall
      apply only where the Administrator has made a determination that
      the instructions concerned conform to the requirements of
      subsection (c)(3) of this section.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 207, as added Pub. L. 91-
    604, Sec. 8(a), Dec. 31, 1970, 84 Stat. 1696; amended Pub. L. 95-
    95, title II, Secs. 205, 208-210, 212, Aug. 7, 1977, 91 Stat. 754-
    756, 758; Pub. L. 95-190, Sec. 14(a)(70)-(72), Nov. 16, 1977, 91
    Stat. 1403; Pub. L. 101-549, title II, Secs. 209, 210, 230(9), Nov.
    15, 1990, 104 Stat. 2484, 2485, 2529.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-5a of this
    title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 207 of act July 14, 1955, was renumbered section
    208 by Pub. L. 91-604 and is classified to section 7542 of this
    title.

                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 209(4), inserted at
    end "In the case of vehicles and engines manufactured in the model
    year 1995 and thereafter such warranty shall require that the
    vehicle or engine is free from any such defects for the warranty
    period provided under subsection (i) of this section."
      Subsec. (b). Pub. L. 101-549, Sec. 209(1), (2), substituted "the
    warranty period (as determined under subsection (i) of this
    section)" for "useful life (as determined under section 7521(d) of
    this title)" in introductory provisions and par. (2)(B), and struck
    out closing provisions which read as follows: "For purposes of the
    warranty under this subsection, for the period after twenty-four
    months or twenty-four thousand miles (whichever first occurs) the
    term 'emission control device or system' means a catalytic
    converter, thermal reactor, or other component installed on or in a
    vehicle for the sole or primary purpose of reducing vehicle
    emissions. Such term shall not include those vehicle components
    which were in general use prior to model year 1968."
      Subsec. (c)(4) to (6). Pub. L. 101-549, Sec. 210, added pars. (4)
    to (6).
      Subsec. (g). Pub. L. 101-549, Sec. 230(9), substituted "the last
    sentence of subsection (a)(3) of this section)" for "the last three
    sentences of subsection (a)(1) of this section".
      Subsec. (i). Pub. L. 101-549, Sec. 209(3), added subsec. (i).
      1977 - Subsec. (a). Pub. L. 95-190, Sec. 14(a)(70), designated
    provisions contained in cl. (3) of subsec. (a), formerly set out as
    containing cls. (1), (2), and (3), to be par. (3) of subsec. (a)
    after the amendment by Pub. L. 95-95, Sec. 209(b), which designated
    provisions of former subsec. (a) as par. (1) and former cls. (1)
    and (2) as (A) and (B) of par. (1) and added a new par. (2).
      Pub. L. 95-95, Sec. 205, added cl. (3).
      Subsec. (b). Pub. L. 95-95, Sec. 209(a), (c), inserted provisions
    to par. (2) that no warranty be held invalid on the basis of any
    part used in the maintenance or repair of a vehicle or engine if
    the part was certified as provided in subsec. (a)(2) of this
    section, and, following par. (2), inserted provisions defining
    "emission control device or system".
      Subsec. (c)(3). Pub. L. 95-95, Sec. 208, designated existing
    provisions as subpars. (A) and (C), added requirement for the bold
    face printing of a required notice on the first page of the written
    maintenance instructions in subpar. (A), and added subpar. (B).
      Subsec. (f). Pub. L. 95-190, Sec. 14(a)(71), redesignated subsec.
    (f) as added by Pub. L. 95-95, Sec. 212, as (h).
      Subsec. (g). Pub. L. 95-95, Sec. 210, added subsec. (g).
      Subsec. (h). Pub. L. 95-190, Sec. 14(a)(71), redesignated subsec.
    (f) as added by Pub. L. 95-95, Sec. 212, as (h).
      Subsec. (h)(2). Pub. L. 95-190, Sec. 14(a)(72), substituted
    "determined under" for "determined and".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 209 of Pub. L. 101-549 provided that the amendments made
    by that section are effective with respect to new motor vehicles
    and engines manufactured in model year 1995 and thereafter.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                              EFFECTIVE DATE                          
      Section not applicable to vehicles or engines imported into
    United States before sixtieth day after Dec. 31, 1970, see section
    8(b) of Pub. L. 91-604, set out as a note under section 7525 of
    this title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-FOOTNOTE-
    (!1) So in original. The word "its" probably should not appear.

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

    (!3) So in original. The second closing parenthesis probably
         should not appear.

-End-

-CITE-
    42 USC Sec. 7542                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7542. Information collection

-STATUTE-
    (a) Manufacturer's responsibility
      Every manufacturer of new motor vehicles or new motor vehicle
    engines, and every manufacturer of new motor vehicle or engine
    parts or components, and other persons subject to the requirements
    of this part or part C of this subchapter, shall establish and
    maintain records, perform tests where such testing is not otherwise
    reasonably available under this part and part C of this subchapter
    (including fees for testing), make reports and provide information
    the Administrator may reasonably require to determine whether the
    manufacturer or other person has acted or is acting in compliance
    with this part and part C of this subchapter and regulations
    thereunder, or to otherwise carry out the provision of this part
    and part C of this subchapter, and shall, upon request of an
    officer or employee duly designated by the Administrator, permit
    such officer or employee at reasonable times to have access to and
    copy such records.
    (b) Enforcement authority
      For the purposes of enforcement of this section, officers or
    employees duly designated by the Administrator upon presenting
    appropriate credentials are authorized - 
        (1) to enter, at reasonable times, any establishment of the
      manufacturer, or of any person whom the manufacturer engages to
      perform any activity required by subsection (a) of this section,
      for the purposes of inspecting or observing any activity
      conducted pursuant to subsection (a) of this section, and
        (2) to inspect records, files, papers, processes, controls, and
      facilities used in performing any activity required by subsection
      (a) of this section, by such manufacturer or by any person whom
      the manufacturer engages to perform any such activity.
    (c) Availability to public; trade secrets
      Any records, reports, or information obtained under this part or
    part C of this subchapter shall be available to the public, except
    that upon a showing satisfactory to the Administrator by any person
    that records, reports, or information, or a particular portion
    thereof (other than emission data), to which the Administrator has
    access under this section, if made public, would divulge methods or
    processes entitled to protection as trade secrets of that person,
    the Administrator shall consider the record, report, or information
    or particular portion thereof confidential in accordance with the
    purposes of section 1905 of title 18. Any authorized representative
    of the Administrator shall be considered an employee of the United
    States for purposes of section 1905 of title 18. Nothing in this
    section shall prohibit the Administrator or authorized
    representative of the Administrator from disclosing records,
    reports or information to other officers, employees or authorized
    representatives of the United States concerned with carrying out
    this chapter or when relevant in any proceeding under this chapter.
    Nothing in this section shall authorize the withholding of
    information by the Administrator or any officer or employee under
    the Administrator's control from the duly authorized committees of
    the Congress.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 208, formerly Sec. 207, as
    added Pub. L. 89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat.
    994; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501;
    renumbered and amended Pub. L. 91-604, Secs. 8(a), 10(a),
    11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1700, 1705,
    1713; Pub. L. 101-549, title II, Sec. 211, Nov. 15, 1990, 104 Stat.
    2487.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-6 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 208 of act July 14, 1955, as added Nov. 21, 1967,
    Pub. L. 90-148, Sec. 2, 81 Stat. 501, was renumbered section 209 by
    Pub. L. 91-604 and is classified to section 7543 of this title.
      Another prior section 208 of act July 14, 1955, as added Oct. 20,
    1965, Pub. L. 89-272, title I, Sec. 101(8), 79 Stat. 994, was
    renumbered section 212 by Pub. L. 90-148, renumbered section 213 by
    Pub. L. 91-604, renumbered 214 by Pub. L. 93-319, and renumbered
    section 216 by Pub. L. 95-95, and is classified to section 7550 of
    this title.

                                AMENDMENTS                            
      1990 - Pub. L. 101-549 amended section generally, substituting
    present provisions for provisions which related to: in subsec. (a),
    manufacturer's responsibility; and in subsec. (b), availability to
    public except for trade secrets.
      1970 - Subsec. (a). Pub. L. 91-604, Secs. 11(a)(2)(A), 15(c)(2),
    substituted "Administrator" for "Secretary" wherever appearing and
    "part" for "subchapter".
      Subsec. (b). Pub. L. 91-604, Secs. 10(a), 15(c)(2), substituted
    provisions authorizing the Administrator to make available to the
    public any records, reports, of information obtained under subsec.
    (a) of this section, except those shown to the Administrator to be
    entitled to protection as trade secrets, for provisions that all
    information reported or otherwise obtained by the Secretary or his
    representative pursuant to subsec. (a) of this section, which
    information contains or relates to a trade secret or other matter
    referred to in section 1905 of title 18, be considered confidential
    for the purpose of such section 1905, and substituted
    "Administrator" for "Secretary".
      1967 - Pub. L. 90-148 reenacted section without change.

-End-

-CITE-
    42 USC Sec. 7543                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7543. State standards

-STATUTE-
    (a) Prohibition
      No State or any political subdivision thereof shall adopt or
    attempt to enforce any standard relating to the control of
    emissions from new motor vehicles or new motor vehicle engines
    subject to this part. No State shall require certification,
    inspection, or any other approval relating to the control of
    emissions from any new motor vehicle or new motor vehicle engine as
    condition precedent to the initial retail sale, titling (if any),
    or registration of such motor vehicle, motor vehicle engine, or
    equipment.
    (b) Waiver
      (1) The Administrator shall, after notice and opportunity for
    public hearing, waive application of this section to any State
    which has adopted standards (other than crankcase emission
    standards) for the control of emissions from new motor vehicles or
    new motor vehicle engines prior to March 30, 1966, if the State
    determines that the State standards will be, in the aggregate, at
    least as protective of public health and welfare as applicable
    Federal standards. No such waiver shall be granted if the
    Administrator finds that - 
        (A) the determination of the State is arbitrary and capricious,
        (B) such State does not need such State standards to meet
      compelling and extraordinary conditions, or
        (C) such State standards and accompanying enforcement
      procedures are not consistent with section 7521(a) of this title.

      (2) If each State standard is at least as stringent as the
    comparable applicable Federal standard, such State standard shall
    be deemed to be at least as protective of health and welfare as
    such Federal standards for purposes of paragraph (1).
      (3) In the case of any new motor vehicle or new motor vehicle
    engine to which State standards apply pursuant to a waiver granted
    under paragraph (1), compliance with such State standards shall be
    treated as compliance with applicable Federal standards for
    purposes of this subchapter.
    (c) Certification of vehicle parts or engine parts
      Whenever a regulation with respect to any motor vehicle part or
    motor vehicle engine part is in effect under section 7541(a)(2) of
    this title, no State or political subdivision thereof shall adopt
    or attempt to enforce any standard or any requirement of
    certification, inspection, or approval which relates to motor
    vehicle emissions and is applicable to the same aspect of such
    part. The preceding sentence shall not apply in the case of a State
    with respect to which a waiver is in effect under subsection (b) of
    this section.
    (d) Control, regulation, or restrictions on registered or licensed
      motor vehicles
      Nothing in this part shall preclude or deny to any State or
    political subdivision thereof the right otherwise to control,
    regulate, or restrict the use, operation, or movement of registered
    or licensed motor vehicles.
    (e) Nonroad engines or vehicles
      (1) Prohibition on certain State standards
        No State or any political subdivision thereof shall adopt or
      attempt to enforce any standard or other requirement relating to
      the control of emissions from either of the following new nonroad
      engines or nonroad vehicles subject to regulation under this
      chapter - 
          (A) New engines which are used in construction equipment or
        vehicles or used in farm equipment or vehicles and which are
        smaller than 175 horsepower.
          (B) New locomotives or new engines used in locomotives.

      Subsection (b) of this section shall not apply for purposes of
      this paragraph.
      (2) Other nonroad engines or vehicles
        (A) In the case of any nonroad vehicles or engines other than
      those referred to in subparagraph (A) or (B) of paragraph (1),
      the Administrator shall, after notice and opportunity for public
      hearing, authorize California to adopt and enforce standards and
      other requirements relating to the control of emissions from such
      vehicles or engines if California determines that California
      standards will be, in the aggregate, at least as protective of
      public health and welfare as applicable Federal standards. No
      such authorization shall be granted if the Administrator finds
      that - 
          (i) the determination of California is arbitrary and
        capricious,
          (ii) California does not need such California standards to
        meet compelling and extraordinary conditions, or
          (iii) California standards and accompanying enforcement
        procedures are not consistent with this section.

        (B) Any State other than California which has plan provisions
      approved under part D of subchapter I of this chapter may adopt
      and enforce, after notice to the Administrator, for any period,
      standards relating to control of emissions from nonroad vehicles
      or engines (other than those referred to in subparagraph (A) or
      (B) of paragraph (1)) and take such other actions as are referred
      to in subparagraph (A) of this paragraph respecting such vehicles
      or engines if - 
          (i) such standards and implementation and enforcement are
        identical, for the period concerned, to the California
        standards authorized by the Administrator under subparagraph
        (A), and
          (ii) California and such State adopt such standards at least
        2 years before commencement of the period for which the
        standards take effect.

      The Administrator shall issue regulations to implement this
      subsection.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 209, formerly Sec. 208, as
    added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 501;
    renumbered and amended Pub. L. 91-604, Secs. 8(a), 11(a)(2)(A),
    15(c)(2), Dec. 31, 1970, 84 Stat. 1694, 1705, 1713; Pub. L. 95-95,
    title II, Secs. 207, 221, Aug. 7, 1977, 91 Stat. 755, 762; Pub. L.
    101-549, title II, Sec. 222(b), Nov. 15, 1990, 104 Stat. 2502.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-6a of this
    title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 209 of act July 14, 1955, as added Nov. 21, 1967,
    Pub. L. 90-148, Sec. 2, 81 Stat. 502, was renumbered section 210 by
    Pub. L. 91-604 and is classified to section 7544 of this title.
      Another prior section 209 of act July 14, 1955, ch. 360, title
    II, as added Oct. 20, 1965, Pub. L. 89-272, title I, Sec. 101(8),
    79 Stat. 995, related to appropriations for the fiscal years ending
    June 30, 1966, 1967, 1968, and 1969, and was classified to section
    1857f-8 of this title, prior to repeal by Pub. L. 89-675, Sec.
    2(b), Oct. 15, 1966, 80 Stat. 954.

                                AMENDMENTS                            
      1990 - Subsec. (e). Pub. L. 101-549 added subsec. (e).
      1977 - Subsec. (b). Pub. L. 95-95, Sec. 207, designated existing
    provisions as par. (1), substituted "March 30, 1966, if the State
    determines that the State standards will be, in the aggregate, at
    least as protective of public health and welfare as applicable
    Federal standards" for "March 30, 1966, unless he finds that such
    State does not require standards more stringent than applicable
    Federal standards to meet compelling the extraordinary conditions
    or that such State standards and accompanying enforcement
    procedures are not consistent with section 7521(a) of this title",
    added subpars. (A), (B), and (C), and added pars. (2) and (3).
      Subsecs. (c), (d). Pub. L. 95-95, Sec. 221, added subsec. (c) and
    redesignated former subsec. (c) as (d).
      1970 - Subsec. (a). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted
    "part" for "subchapter".
      Subsec. (b). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary".
      Subsec. (c). Pub. L. 91-604, Sec. 11(a)(2)(A), substituted "part"
    for "subchapter".

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7544                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7544. State grants

-STATUTE-
      The Administrator is authorized to make grants to appropriate
    State agencies in an amount up to two-thirds of the cost of
    developing and maintaining effective vehicle emission devices and
    systems inspection and emission testing and control programs,
    except that - 
        (1) no such grant shall be made for any part of any State
      vehicle inspection program which does not directly relate to the
      cost of the air pollution control aspects of such a program;
        (2) no such grant shall be made unless the Secretary of
      Transportation has certified to the Administrator that such
      program is consistent with any highway safety program developed
      pursuant to section 402 of title 23; and
        (3) no such grant shall be made unless the program includes
      provisions designed to insure that emission control devices and
      systems on vehicles in actual use have not been discontinued or
      rendered inoperative.

    Grants may be made under this section by way of reimbursement in
    any case in which amounts have been expended by the State before
    the date on which any such grant was made.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 210, formerly Sec. 209, as
    added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 502;
    renumbered and amended Pub. L. 91-604, Secs. 8(a), 10(b), Dec. 31,
    1970, 84 Stat. 1694, 1700; Pub. L. 95-95, title II, Sec. 204, Aug.
    7, 1977, 91 Stat. 754.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-6b of this
    title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 210 of act July 14, 1955, was renumbered section
    211 by Pub. L. 91-604 and is classified to section 7545 of this
    title.

                                AMENDMENTS                            
      1977 - Pub. L. 95-95 inserted provision allowing grants to be
    made by way of reimbursement in any case in which amounts have been
    expended by States before the date on which the grants were made.
      1970 - Pub. L. 91-604, Sec. 10(b), substituted provisions
    authorizing the Administrator to make grants to appropriate State
    agencies for the development and maintenance of effective vehicle
    emission devices and systems inspection and emission testing and
    control programs, for provisions authorizing the Secretary to make
    grants to appropriate State air pollution control agencies for the
    development of meaningful uniform motor vehicle emission device
    inspection and emission testing programs.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7545                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7545. Regulation of fuels

-STATUTE-
    (a) Authority of Administrator to regulate
      The Administrator may by regulation designate any fuel or fuel
    additive (including any fuel or fuel additive used exclusively in
    nonroad engines or nonroad vehicles) and, after such date or dates
    as may be prescribed by him, no manufacturer or processor of any
    such fuel or additive may sell, offer for sale, or introduce into
    commerce such fuel or additive unless the Administrator has
    registered such fuel or additive in accordance with subsection (b)
    of this section.
    (b) Registration requirement
      (1) For the purpose of registration of fuels and fuel additives,
    the Administrator shall require - 
        (A) the manufacturer of any fuel to notify him as to the
      commercial identifying name and manufacturer of any additive
      contained in such fuel; the range of concentration of any
      additive in the fuel; and the purpose-in-use of any such
      additive; and
        (B) the manufacturer of any additive to notify him as to the
      chemical composition of such additive.

      (2) For the purpose of registration of fuels and fuel additives,
    the Administrator shall, on a regular basis, require the
    manufacturer of any fuel or fuel additive - 
        (A) to conduct tests to determine potential public health and
      environmental effects of the fuel or additive (including
      carcinogenic, teratogenic, or mutagenic effects); and
        (B) to furnish the description of any analytical technique that
      can be used to detect and measure any additive in such fuel, the
      recommended range of concentration of such additive, and the
      recommended purpose-in-use of such additive, and such other
      information as is reasonable and necessary to determine the
      emissions resulting from the use of the fuel or additive
      contained in such fuel, the effect of such fuel or additive on
      the emission control performance of any vehicle, vehicle engine,
      nonroad engine or nonroad vehicle, or the extent to which such
      emissions affect the public health or welfare.

    Tests under subparagraph (A) shall be conducted in conformity with
    test procedures and protocols established by the Administrator. The
    result of such tests shall not be considered confidential.
      (3) Upon compliance with the provision of this subsection,
    including assurances that the Administrator will receive changes in
    the information required, the Administrator shall register such
    fuel or fuel additive.
      (4) Study on certain fuel additives and blendstocks. - 
        (A) In general. - Not later than 2 years after August 8, 2005,
      the Administrator shall - 
          (i) conduct a study on the effects on public health
        (including the effects on children, pregnant women, minority or
        low-income communities, and other sensitive populations), air
        quality, and water resources of increased use of, and the
        feasibility of using as substitutes for methyl tertiary butyl
        ether in gasoline - 
            (I) ethyl tertiary butyl ether;
            (II) tertiary amyl methyl ether;
            (III) di-isopropyl ether;
            (IV) tertiary butyl alcohol;
            (V) other ethers and heavy alcohols, as determined by then
          (!1) Administrator;

            (VI) ethanol;
            (VII) iso-octane; and
            (VIII) alkylates; and

          (ii) conduct a study on the effects on public health
        (including the effects on children, pregnant women, minority or
        low-income communities, and other sensitive populations), air
        quality, and water resources of the adjustment for ethanol-
        blended reformulated gasoline to the volatile organic
        compounds performance requirements that are applicable under
        paragraphs (1) and (3) of subsection (k) of this section; and
          (iii) submit to the Committee on Environment and Public Works
        of the Senate and the Committee on Energy and Commerce of the
        House of Representatives a report describing the results of the
        studies under clauses (i) and (ii).

        (B) Contracts for study. - In carrying out this paragraph, the
      Administrator may enter into one or more contracts with
      nongovernmental entities such as - 
          (i) the national energy laboratories; and
          (ii) institutions of higher education (as defined in section
        1001 of title 20).
    (c) Offending fuels and fuel additives; control; prohibition
      (1) The Administrator may, from time to time on the basis of
    information obtained under subsection (b) of this section or other
    information available to him, by regulation, control or prohibit
    the manufacture, introduction into commerce, offering for sale, or
    sale of any fuel or fuel additive for use in a motor vehicle, motor
    vehicle engine, or nonroad engine or nonroad vehicle (A) if in the
    judgment of the Administrator any emission product of such fuel or
    fuel additive causes, or contributes, to air pollution which may
    reasonably be anticipated to endanger the public health or welfare,
    or (B) if emission products of such fuel or fuel additive will
    impair to a significant degree the performance of any emission
    control device or system which is in general use, or which the
    Administrator finds has been developed to a point where in a
    reasonable time it would be in general use were such regulation to
    be promulgated.
      (2)(A) No fuel, class of fuels, or fuel additive may be
    controlled or prohibited by the Administrator pursuant to clause
    (A) of paragraph (1) except after consideration of all relevant
    medical and scientific evidence available to him, including
    consideration of other technologically or economically feasible
    means of achieving emission standards under section 7521 of this
    title.
      (B) No fuel or fuel additive may be controlled or prohibited by
    the Administrator pursuant to clause (B) of paragraph (1) except
    after consideration of available scientific and economic data,
    including a cost benefit analysis comparing emission control
    devices or systems which are or will be in general use and require
    the proposed control or prohibition with emission control devices
    or systems which are or will be in general use and do not require
    the proposed control or prohibition. On request of a manufacturer
    of motor vehicles, motor vehicle engines, fuels, or fuel additives
    submitted within 10 days of notice of proposed rulemaking, the
    Administrator shall hold a public hearing and publish findings with
    respect to any matter he is required to consider under this
    subparagraph. Such findings shall be published at the time of
    promulgation of final regulations.
      (C) No fuel or fuel additive may be prohibited by the
    Administrator under paragraph (1) unless he finds, and publishes
    such finding, that in his judgment such prohibition will not cause
    the use of any other fuel or fuel additive which will produce
    emissions which will endanger the public health or welfare to the
    same or greater degree than the use of the fuel or fuel additive
    proposed to be prohibited.
      (3)(A) For the purpose of obtaining evidence and data to carry
    out paragraph (2), the Administrator may require the manufacturer
    of any motor vehicle or motor vehicle engine to furnish any
    information which has been developed concerning the emissions from
    motor vehicles resulting from the use of any fuel or fuel additive,
    or the effect of such use on the performance of any emission
    control device or system.
      (B) In obtaining information under subparagraph (A), section
    7607(a) of this title (relating to subpenas) shall be applicable.
      (4)(A) Except as otherwise provided in subparagraph (B) or (C),
    no State (or political subdivision thereof) may prescribe or
    attempt to enforce, for purposes of motor vehicle emission control,
    any control or prohibition respecting any characteristic or
    component of a fuel or fuel additive in a motor vehicle or motor
    vehicle engine - 
        (i) if the Administrator has found that no control or
      prohibition of the characteristic or component of a fuel or fuel
      additive under paragraph (1) is necessary and has published his
      finding in the Federal Register, or
        (ii) if the Administrator has prescribed under paragraph (1) a
      control or prohibition applicable to such characteristic or
      component of a fuel or fuel additive, unless State prohibition or
      control is identical to the prohibition or control prescribed by
      the Administrator.

      (B) Any State for which application of section 7543(a) of this
    title has at any time been waived under section 7543(b) of this
    title may at any time prescribe and enforce, for the purpose of
    motor vehicle emission control, a control or prohibition respecting
    any fuel or fuel additive.
      (C)(i) A State may prescribe and enforce, for purposes of motor
    vehicle emission control, a control or prohibition respecting the
    use of a fuel or fuel additive in a motor vehicle or motor vehicle
    engine if an applicable implementation plan for such State under
    section 7410 of this title so provides. The Administrator may
    approve such provision in an implementation plan, or promulgate an
    implementation plan containing such a provision, only if he finds
    that the State control or prohibition is necessary to achieve the
    national primary or secondary ambient air quality standard which
    the plan implements. The Administrator may find that a State
    control or prohibition is necessary to achieve that standard if no
    other measures that would bring about timely attainment exist, or
    if other measures exist and are technically possible to implement,
    but are unreasonable or impracticable. The Administrator may make a
    finding of necessity under this subparagraph even if the plan for
    the area does not contain an approved demonstration of timely
    attainment.
      (ii) The Administrator may temporarily waive a control or
    prohibition respecting the use of a fuel or fuel additive required
    or regulated by the Administrator pursuant to subsection (c), (h),
    (i), (k), or (m) of this section or prescribed in an applicable
    implementation plan under section 7410 of this title approved by
    the Administrator under clause (i) of this subparagraph if, after
    consultation with, and concurrence by, the Secretary of Energy, the
    Administrator determines that - 
        (I) extreme and unusual fuel or fuel additive supply
      circumstances exist in a State or region of the Nation which
      prevent the distribution of an adequate supply of the fuel or
      fuel additive to consumers;
        (II) such extreme and unusual fuel and fuel additive supply
      circumstances are the result of a natural disaster, an Act of
      God, a pipeline or refinery equipment failure, or another event
      that could not reasonably have been foreseen or prevented and not
      the lack of prudent planning on the part of the suppliers of the
      fuel or fuel additive to such State or region; and
        (III) it is in the public interest to grant the waiver (for
      example, when a waiver is necessary to meet projected temporary
      shortfalls in the supply of the fuel or fuel additive in a State
      or region of the Nation which cannot otherwise be compensated
      for).

      (iii) If the Administrator makes the determinations required
    under clause (ii), such a temporary extreme and unusual fuel and
    fuel additive supply circumstances waiver shall be permitted only
    if - 
        (I) the waiver applies to the smallest geographic area
      necessary to address the extreme and unusual fuel and fuel
      additive supply circumstances;
        (II) the waiver is effective for a period of 20 calendar days
      or, if the Administrator determines that a shorter waiver period
      is adequate, for the shortest practicable time period necessary
      to permit the correction of the extreme and unusual fuel and fuel
      additive supply circumstances and to mitigate impact on air
      quality;
        (III) the waiver permits a transitional period, the exact
      duration of which shall be determined by the Administrator (but
      which shall be for the shortest practicable period), after the
      termination of the temporary waiver to permit wholesalers and
      retailers to blend down their wholesale and retail inventory;
        (IV) the waiver applies to all persons in the motor fuel
      distribution system; and
        (V) the Administrator has given public notice to all parties in
      the motor fuel distribution system, and local and State
      regulators, in the State or region to be covered by the waiver.

    The term "motor fuel distribution system" as used in this clause
    shall be defined by the Administrator through rulemaking.
      (iv) Within 180 days of August 8, 2005, the Administrator shall
    promulgate regulations to implement clauses (ii) and (iii).
      (v) (!2) Nothing in this subparagraph shall - 

        (I) limit or otherwise affect the application of any other
      waiver authority of the Administrator pursuant to this section or
      pursuant to a regulation promulgated pursuant to this section;
      and
        (II) subject any State or person to an enforcement action,
      penalties, or liability solely arising from actions taken
      pursuant to the issuance of a waiver under this subparagraph.

      (v)(I) (!2) The Administrator shall have no authority, when
    considering a State implementation plan or a State implementation
    plan revision, to approve under this paragraph any fuel included in
    such plan or revision if the effect of such approval increases the
    total number of fuels approved under this paragraph as of September
    1, 2004, in all State implementation plans.
      (II) The Administrator, in consultation with the Secretary of
    Energy, shall determine the total number of fuels approved under
    this paragraph as of September 1, 2004, in all State implementation
    plans and shall publish a list of such fuels, including the States
    and Petroleum Administration for Defense District in which they are
    used, in the Federal Register for public review and comment no
    later than 90 days after August 8, 2005.
      (III) The Administrator shall remove a fuel from the list
    published under subclause (II) if a fuel ceases to be included in a
    State implementation plan or if a fuel in a State implementation
    plan is identical to a Federal fuel formulation implemented by the
    Administrator, but the Administrator shall not reduce the total
    number of fuels authorized under the list published under subclause
    (II).
      (IV) Subclause (I) shall not limit the Administrator's authority
    to approve a control or prohibition respecting any new fuel under
    this paragraph in a State implementation plan or revision to a
    State implementation plan if such new fuel - 
        (aa) completely replaces a fuel on the list published under
      subclause (II); or
        (bb) does not increase the total number of fuels on the list
      published under subclause (II) as of September 1, 2004.

    In the event that the total number of fuels on the list published
    under subclause (II) at the time of the Administrator's
    consideration of a control or prohibition respecting a new fuel is
    lower than the total number of fuels on such list as of September
    1, 2004, the Administrator may approve a control or prohibition
    respecting a new fuel under this subclause if the Administrator,
    after consultation with the Secretary of Energy, publishes in the
    Federal Register after notice and comment a finding that, in the
    Administrator's judgment, such control or prohibition respecting a
    new fuel will not cause fuel supply or distribution interruptions
    or have a significant adverse impact on fuel producibility in the
    affected area or contiguous areas.
      (V) The Administrator shall have no authority under this
    paragraph, when considering any particular State's implementation
    plan or a revision to that State's implementation plan, to approve
    any fuel unless that fuel was, as of the date of such
    consideration, approved in at least one State implementation plan
    in the applicable Petroleum Administration for Defense District.
    However, the Administrator may approve as part of a State
    implementation plan or State implementation plan revision a fuel
    with a summertime Reid Vapor Pressure of 7.0 psi. In no event shall
    such approval by the Administrator cause an increase in the total
    number of fuels on the list published under subclause (II).
      (VI) Nothing in this clause shall be construed to have any effect
    regarding any available authority of States to require the use of
    any fuel additive registered in accordance with subsection (b) of
    this section, including any fuel additive registered in accordance
    with subsection (b) of this section after August 8, 2005.
    (d) Penalties and injunctions
      (1) Civil penalties
        Any person who violates subsection (a), (f), (g), (k), (l),
      (m), (n), or (o) of this section or the regulations prescribed
      under subsection (c), (h), (i), (k), (l), (m), (n), or (o) of
      this section or who fails to furnish any information or conduct
      any tests required by the Administrator under subsection (b) of
      this section shall be liable to the United States for a civil
      penalty of not more than the sum of $25,000 for every day of such
      violation and the amount of economic benefit or savings resulting
      from the violation. Any violation with respect to a regulation
      prescribed under subsection (c), (k), (l), (m), or (o) of this
      section which establishes a regulatory standard based upon a
      multiday averaging period shall constitute a separate day of
      violation for each and every day in the averaging period. Civil
      penalties shall be assessed in accordance with subsections (b)
      and (c) of section 7524 of this title.
      (2) Injunctive authority
        The district courts of the United States shall have
      jurisdiction to restrain violations of subsections (a), (f), (g),
      (k), (l), (m), (n), and (o) of this section and of the
      regulations prescribed under subsections (c), (h), (i), (k), (l),
      (m), (n), and (o) of this section, to award other appropriate
      relief, and to compel the furnishing of information and the
      conduct of tests required by the Administrator under subsection
      (b) of this section. Actions to restrain such violations and
      compel such actions shall be brought by and in the name of the
      United States. In any such action, subpoenas for witnesses who
      are required to attend a district court in any district may run
      into any other district.
    (e) Testing of fuels and fuel additives
      (1) Not later than one year after August 7, 1977, and after
    notice and opportunity for a public hearing, the Administrator
    shall promulgate regulations which implement the authority under
    subsection (b)(2)(A) and (B) of this section with respect to each
    fuel or fuel additive which is registered on the date of
    promulgation of such regulations and with respect to each fuel or
    fuel additive for which an application for registration is filed
    thereafter.
      (2) Regulations under subsection (b) of this section to carry out
    this subsection shall require that the requisite information be
    provided to the Administrator by each such manufacturer - 
        (A) prior to registration, in the case of any fuel or fuel
      additive which is not registered on the date of promulgation of
      such regulations; or
        (B) not later than three years after the date of promulgation
      of such regulations, in the case of any fuel or fuel additive
      which is registered on such date.

      (3) In promulgating such regulations, the Administrator may - 
        (A) exempt any small business (as defined in such regulations)
      from or defer or modify the requirements of, such regulations
      with respect to any such small business;
        (B) provide for cost-sharing with respect to the testing of any
      fuel or fuel additive which is manufactured or processed by two
      or more persons or otherwise provide for shared responsibility to
      meet the requirements of this section without duplication; or
        (C) exempt any person from such regulations with respect to a
      particular fuel or fuel additive upon a finding that any
      additional testing of such fuel or fuel additive would be
      duplicative of adequate existing testing.
    (f) New fuels and fuel additives
      (1)(A) Effective upon March 31, 1977, it shall be unlawful for
    any manufacturer of any fuel or fuel additive to first introduce
    into commerce, or to increase the concentration in use of, any fuel
    or fuel additive for general use in light duty motor vehicles
    manufactured after model year 1974 which is not substantially
    similar to any fuel or fuel additive utilized in the certification
    of any model year 1975, or subsequent model year, vehicle or engine
    under section 7525 of this title.
      (B) Effective upon November 15, 1990, it shall be unlawful for
    any manufacturer of any fuel or fuel additive to first introduce
    into commerce, or to increase the concentration in use of, any fuel
    or fuel additive for use by any person in motor vehicles
    manufactured after model year 1974 which is not substantially
    similar to any fuel or fuel additive utilized in the certification
    of any model year 1975, or subsequent model year, vehicle or engine
    under section 7525 of this title.
      (2) Effective November 30, 1977, it shall be unlawful for any
    manufacturer of any fuel to introduce into commerce any gasoline
    which contains a concentration of manganese in excess of .0625
    grams per gallon of fuel, except as otherwise provided pursuant to
    a waiver under paragraph (4).
      (3) Any manufacturer of any fuel or fuel additive which prior to
    March 31, 1977, and after January 1, 1974, first introduced into
    commerce or increased the concentration in use of a fuel or fuel
    additive that would otherwise have been prohibited under paragraph
    (1)(A) if introduced on or after March 31, 1977 shall, not later
    than September 15, 1978, cease to distribute such fuel or fuel
    additive in commerce. During the period beginning 180 days after
    August 7, 1977, and before September 15, 1978, the Administrator
    shall prohibit, or restrict the concentration of any fuel additive
    which he determines will cause or contribute to the failure of an
    emission control device or system (over the useful life of any
    vehicle in which such device or system is used) to achieve
    compliance by the vehicle with the emission standards with respect
    to which it has been certified under section 7525 of this title.
      (4) The Administrator, upon application of any manufacturer of
    any fuel or fuel additive, may waive the prohibitions established
    under paragraph (1) or (3) of this subsection or the limitation
    specified in paragraph (2) of this subsection, if he determines
    that the applicant has established that such fuel or fuel additive
    or a specified concentration thereof, and the emission products of
    such fuel or additive or specified concentration thereof, will not
    cause or contribute to a failure of any emission control device or
    system (over the useful life of any vehicle in which such device or
    system is used) to achieve compliance by the vehicle with the
    emission standards with respect to which it has been certified
    pursuant to section 7525 of this title. If the Administrator has
    not acted to grant or deny an application under this paragraph
    within one hundred and eighty days of receipt of such application,
    the waiver authorized by this paragraph shall be treated as
    granted.
      (5) No action of the Administrator under this section may be
    stayed by any court pending judicial review of such action.
    (g) Misfueling
      (1) No person shall introduce, or cause or allow the introduction
    of, leaded gasoline into any motor vehicle which is labeled
    "unleaded gasoline only," which is equipped with a gasoline tank
    filler inlet designed for the introduction of unleaded gasoline,
    which is a 1990 or later model year motor vehicle, or which such
    person knows or should know is a vehicle designed solely for the
    use of unleaded gasoline.
      (2) Beginning October 1, 1993, no person shall introduce or cause
    or allow the introduction into any motor vehicle of diesel fuel
    which such person knows or should know contains a concentration of
    sulfur in excess of 0.05 percent (by weight) or which fails to meet
    a cetane index minimum of 40 or such equivalent alternative
    aromatic level as prescribed by the Administrator under subsection
    (i)(2) of this section.
    (h) Reid Vapor Pressure requirements
      (1) Prohibition
        Not later than 6 months after November 15, 1990, the
      Administrator shall promulgate regulations making it unlawful for
      any person during the high ozone season (as defined by the
      Administrator) to sell, offer for sale, dispense, supply, offer
      for supply, transport, or introduce into commerce gasoline with a
      Reid Vapor Pressure in excess of 9.0 pounds per square inch
      (psi). Such regulations shall also establish more stringent Reid
      Vapor Pressure standards in a nonattainment area as the
      Administrator finds necessary to generally achieve comparable
      evaporative emissions (on a per-vehicle basis) in nonattainment
      areas, taking into consideration the enforceability of such
      standards, the need of an area for emission control, and economic
      factors.
      (2) Attainment areas
        The regulations under this subsection shall not make it
      unlawful for any person to sell, offer for supply, transport, or
      introduce into commerce gasoline with a Reid Vapor Pressure of
      9.0 pounds per square inch (psi) or lower in any area designated
      under section 7407 of this title as an attainment area.
      Notwithstanding the preceding sentence, the Administrator may
      impose a Reid vapor pressure requirement lower than 9.0 pounds
      per square inch (psi) in any area, formerly an ozone
      nonattainment area, which has been redesignated as an attainment
      area.
      (3) Effective date; enforcement
        The regulations under this subsection shall provide that the
      requirements of this subsection shall take effect not later than
      the high ozone season for 1992, and shall include such provisions
      as the Administrator determines are necessary to implement and
      enforce the requirements of this subsection.
      (4) Ethanol waiver
        For fuel blends containing gasoline and 10 percent denatured
      anhydrous ethanol, the Reid vapor pressure limitation under this
      subsection shall be one pound per square inch (psi) greater than
      the applicable Reid vapor pressure limitations established under
      paragraph (1); Provided, however, That a distributor, blender,
      marketer, reseller, carrier, retailer, or wholesale purchaser-
      consumer shall be deemed to be in full compliance with the
      provisions of this subsection and the regulations promulgated
      thereunder if it can demonstrate (by showing receipt of a
      certification or other evidence acceptable to the Administrator)
      that - 
          (A) the gasoline portion of the blend complies with the Reid
        vapor pressure limitations promulgated pursuant to this
        subsection;
          (B) the ethanol portion of the blend does not exceed its
        waiver condition under subsection (f)(4) of this section; and
          (C) no additional alcohol or other additive has been added to
        increase the Reid Vapor Pressure of the ethanol portion of the
        blend.
      (5) Exclusion from ethanol waiver
        (A) Promulgation of regulations
          Upon notification, accompanied by supporting documentation,
        from the Governor of a State that the Reid vapor pressure
        limitation established by paragraph (4) will increase emissions
        that contribute to air pollution in any area in the State, the
        Administrator shall, by regulation, apply, in lieu of the Reid
        vapor pressure limitation established by paragraph (4), the
        Reid vapor pressure limitation established by paragraph (1) to
        all fuel blends containing gasoline and 10 percent denatured
        anhydrous ethanol that are sold, offered for sale, dispensed,
        supplied, offered for supply, transported, or introduced into
        commerce in the area during the high ozone season.
        (B) Deadline for promulgation
          The Administrator shall promulgate regulations under
        subparagraph (A) not later than 90 days after the date of
        receipt of a notification from a Governor under that
        subparagraph.
        (C) Effective date
          (i) In general
            With respect to an area in a State for which the Governor
          submits a notification under subparagraph (A), the
          regulations under that subparagraph shall take effect on the
          later of - 
              (I) the first day of the first high ozone season for the
            area that begins after the date of receipt of the
            notification; or
              (II) 1 year after the date of receipt of the
            notification.
          (ii) Extension of effective date based on determination of
            insufficient supply
            (I) In general
              If, after receipt of a notification with respect to an
            area from a Governor of a State under subparagraph (A), the
            Administrator determines, on the Administrator's own motion
            or on petition of any person and after consultation with
            the Secretary of Energy, that the promulgation of
            regulations described in subparagraph (A) would result in
            an insufficient supply of gasoline in the State, the
            Administrator, by regulation - 
                (aa) shall extend the effective date of the regulations
              under clause (i) with respect to the area for not more
              than 1 year; and
                (bb) may renew the extension under item (aa) for two
              additional periods, each of which shall not exceed 1
              year.
            (II) Deadline for action on petitions
              The Administrator shall act on any petition submitted
            under subclause (I) not later than 180 days after the date
            of receipt of the petition.
      (6) Areas covered
        The provisions of this subsection shall apply only to the 48
      contiguous States and the District of Columbia.
    (i) Sulfur content requirements for diesel fuel
      (1) Effective October 1, 1993, no person shall manufacture, sell,
    supply, offer for sale or supply, dispense, transport, or introduce
    into commerce motor vehicle diesel fuel which contains a
    concentration of sulfur in excess of 0.05 percent (by weight) or
    which fails to meet a cetane index minimum of 40.
      (2) Not later than 12 months after November 15, 1990, the
    Administrator shall promulgate regulations to implement and enforce
    the requirements of paragraph (1). The Administrator may require
    manufacturers and importers of diesel fuel not intended for use in
    motor vehicles to dye such fuel in a particular manner in order to
    segregate it from motor vehicle diesel fuel. The Administrator may
    establish an equivalent alternative aromatic level to the cetane
    index specification in paragraph (1).
      (3) The sulfur content of fuel required to be used in the
    certification of 1991 through 1993 model year heavy-duty diesel
    vehicles and engines shall be 0.10 percent (by weight). The sulfur
    content and cetane index minimum of fuel required to be used in the
    certification of 1994 and later model year heavy-duty diesel
    vehicles and engines shall comply with the regulations promulgated
    under paragraph (2).
      (4) The States of Alaska and Hawaii may be exempted from the
    requirements of this subsection in the same manner as provided in
    section 7625 (!3) of this title. The Administrator shall take final
    action on any petition filed under section 7625 (!3) of this title
    or this paragraph for an exemption from the requirements of this
    subsection, within 12 months from the date of the petition.

    (j) Lead substitute gasoline additives
      (1) After November 15, 1990, any person proposing to register any
    gasoline additive under subsection (a) of this section or to use
    any previously registered additive as a lead substitute may also
    elect to register the additive as a lead substitute gasoline
    additive for reducing valve seat wear by providing the
    Administrator with such relevant information regarding product
    identity and composition as the Administrator deems necessary for
    carrying out the responsibilities of paragraph (2) of this
    subsection (in addition to other information which may be required
    under subsection (b) of this section).
      (2) In addition to the other testing which may be required under
    subsection (b) of this section, in the case of the lead substitute
    gasoline additives referred to in paragraph (1), the Administrator
    shall develop and publish a test procedure to determine the
    additives' effectiveness in reducing valve seat wear and the
    additives' tendencies to produce engine deposits and other adverse
    side effects. The test procedures shall be developed in cooperation
    with the Secretary of Agriculture and with the input of additive
    manufacturers, engine and engine components manufacturers, and
    other interested persons. The Administrator shall enter into
    arrangements with an independent laboratory to conduct tests of
    each additive using the test procedures developed and published
    pursuant to this paragraph. The Administrator shall publish the
    results of the tests by company and additive name in the Federal
    Register along with, for comparison purposes, the results of
    applying the same test procedures to gasoline containing 0.1 gram
    of lead per gallon in lieu of the lead substitute gasoline
    additive. The Administrator shall not rank or otherwise rate the
    lead substitute additives. Test procedures shall be established
    within 1 year after November 15, 1990. Additives shall be tested
    within 18 months of November 15, 1990, or 6 months after the lead
    substitute additives are identified to the Administrator, whichever
    is later.
      (3) The Administrator may impose a user fee to recover the costs
    of testing of any fuel additive referred to in this subsection. The
    fee shall be paid by the person proposing to register the fuel
    additive concerned. Such fee shall not exceed $20,000 for a single
    fuel additive.
      (4) There are authorized to be appropriated to the Administrator
    not more than $1,000,000 for the second full fiscal year after
    November 15, 1990, to establish test procedures and conduct engine
    tests as provided in this subsection. Not more than $500,000 per
    year is authorized to be appropriated for each of the 5 subsequent
    fiscal years.
      (5) Any fees collected under this subsection shall be deposited
    in a special fund in the United States Treasury for licensing and
    other services which thereafter shall be available for
    appropriation, to remain available until expended, to carry out the
    Agency's activities for which the fees were collected.
    (k) Reformulated gasoline for conventional vehicles
      (1) EPA regulations
        (A) In general
          Not later than November 15, 1991, the Administrator shall
        promulgate regulations under this section establishing
        requirements for reformulated gasoline to be used in gasoline-
        fueled vehicles in specified nonattainment areas. Such
        regulations shall require the greatest reduction in emissions
        of ozone forming volatile organic compounds (during the high
        ozone season) and emissions of toxic air pollutants (during the
        entire year) achievable through the reformulation of
        conventional gasoline, taking into consideration the cost of
        achieving such emission reductions, any nonair-quality and
        other air-quality related health and environmental impacts and
        energy requirements.
        (B) Maintenance of toxic air pollutant emissions reductions
          from reformulated gasoline
          (i) Definition of PADD
            In this subparagraph the term "PADD" means a Petroleum
          Administration for Defense District.
          (ii) Regulations concerning emissions of toxic air pollutants
            Not later than 270 days after August 8, 2005, the
          Administrator shall establish by regulation, for each
          refinery or importer (other than a refiner or importer in a
          State that has received a waiver under section 7543(b) of
          this title with respect to gasoline produced for use in that
          State), standards for toxic air pollutants from use of the
          reformulated gasoline produced or distributed by the refiner
          or importer that maintain the reduction of the average annual
          aggregate emissions of toxic air pollutants for reformulated
          gasoline produced or distributed by the refiner or importer
          during calendar years 2001 and 2002 (as determined on the
          basis of data collected by the Administrator with respect to
          the refiner or importer).
          (iii) Standards applicable to specific refineries or
            importers
            (I) Applicability of standards
              For any calendar year, the standards applicable to a
            refiner or importer under clause (ii) shall apply to the
            quantity of gasoline produced or distributed by the refiner
            or importer in the calendar year only to the extent that
            the quantity is less than or equal to the average annual
            quantity of reformulated gasoline produced or distributed
            by the refiner or importer during calendar years 2001 and
            2002.
            (II) Applicability of other standards
              For any calendar year, the quantity of gasoline produced
            or distributed by a refiner or importer that is in excess
            of the quantity subject to subclause (I) shall be subject
            to standards for emissions of toxic air pollutants
            promulgated under subparagraph (A) and paragraph (3)(B).
          (iv) Credit program
            The Administrator shall provide for the granting and use of
          credits for emissions of toxic air pollutants in the same
          manner as provided in paragraph (7).
          (v) Regional protection of toxics reduction baselines
            (I) In general
              Not later than 60 days after August 8, 2005, and not
            later than April 1 of each calendar year that begins after
            August 8, 2005, the Administrator shall publish in the
            Federal Register a report that specifies, with respect to
            the previous calendar year - 
                (aa) the quantity of reformulated gasoline produced
              that is in excess of the average annual quantity of
              reformulated gasoline produced in 2001 and 2002; and
                (bb) the reduction of the average annual aggregate
              emissions of toxic air pollutants in each PADD, based on
              retail survey data or data from other appropriate
              sources.
            (II) Effect of failure to maintain aggregate toxics
              reductions
              If, in any calendar year, the reduction of the average
            annual aggregate emissions of toxic air pollutants in a
            PADD fails to meet or exceed the reduction of the average
            annual aggregate emissions of toxic air pollutants in the
            PADD in calendar years 2001 and 2002, the Administrator,
            not later than 90 days after the date of publication of the
            report for the calendar year under subclause (I), shall - 
                (aa) identify, to the maximum extent practicable, the
              reasons for the failure, including the sources, volumes,
              and characteristics of reformulated gasoline that
              contributed to the failure; and
                (bb) promulgate revisions to the regulations
              promulgated under clause (ii), to take effect not earlier
              than 180 days but not later than 270 days after the date
              of promulgation, to provide that, notwithstanding clause
              (iii)(II), all reformulated gasoline produced or
              distributed at each refiner or importer shall meet the
              standards applicable under clause (iii)(I) beginning not
              later than April 1 of the calendar year following
              publication of the report under subclause (I) and in each
              calendar year thereafter.

            (vi) Not later than July 1, 2007, the Administrator shall
          promulgate final regulations to control hazardous air
          pollutants from motor vehicles and motor vehicle fuels, as
          provided for in section 80.1045 of title 40, Code of Federal
          Regulations (as in effect on August 8, 2005), and as
          authorized under section 7521(l) (!4) of this title. If the
          Administrator promulgates by such date, final regulations to
          control hazardous air pollutants from motor vehicles and
          motor vehicle fuels that achieve and maintain greater overall
          reductions in emissions of air toxics from reformulated
          gasoline than the reductions that would be achieved under
          subsection (k)(1)(B) of this section as amended by this
          clause, then subsections (k)(1)(B)(i) through (k)(1)(B)(v) of
          this section shall be null and void and regulations
          promulgated thereunder shall be rescinded and have no further
          effect.

      (2) General requirements
        The regulations referred to in paragraph (1) shall require that
      reformulated gasoline comply with paragraph (3) and with each of
      the following requirements (subject to paragraph (7)):
        (A) NOx emissions
          The emissions of oxides of nitrogen (NOx) from baseline
        vehicles when using the reformulated gasoline shall be no
        greater than the level of such emissions from such vehicles
        when using baseline gasoline. If the Administrator determines
        that compliance with the limitation on emissions of oxides of
        nitrogen under the preceding sentence is technically
        infeasible, considering the other requirements applicable under
        this subsection to such gasoline, the Administrator may, as
        appropriate to ensure compliance with this subparagraph, adjust
        (or waive entirely), any other requirements of this paragraph
        or any requirements applicable under paragraph (3)(A).
        (B) Benzene content
          The benzene content of the gasoline shall not exceed 1.0
        percent by volume.
        (C) Heavy metals
          The gasoline shall have no heavy metals, including lead or
        manganese. The Administrator may waive the prohibition
        contained in this subparagraph for a heavy metal (other than
        lead) if the Administrator determines that addition of the
        heavy metal to the gasoline will not increase, on an aggregate
        mass or cancer-risk basis, toxic air pollutant emissions from
        motor vehicles.
      (3) More stringent of formula or performance standards
        The regulations referred to in paragraph (1) shall require
      compliance with the more stringent of either the requirements set
      forth in subparagraph (A) or the requirements of subparagraph (B)
      of this paragraph. For purposes of determining the more stringent
      provision, clause (i) and clause (ii) of subparagraph (B) shall
      be considered independently.
        (A) Formula
          (i) Benzene
            The benzene content of the reformulated gasoline shall not
          exceed 1.0 percent by volume.
          (ii) Aromatics
            The aromatic hydrocarbon content of the reformulated
          gasoline shall not exceed 25 percent by volume.
          (iii) Lead
            The reformulated gasoline shall have no lead content.
          (iv) Detergents
            The reformulated gasoline shall contain additives to
          prevent the accumulation of deposits in engines or vehicle
          fuel supply systems.
        (B) Performance standard
          (i) VOC emissions
            During the high ozone season (as defined by the
          Administrator), the aggregate emissions of ozone forming
          volatile organic compounds from baseline vehicles when using
          the reformulated gasoline shall be 15 percent below the
          aggregate emissions of ozone forming volatile organic
          compounds from such vehicles when using baseline gasoline.
          Effective in calendar year 2000 and thereafter, 25 percent
          shall be substituted for 15 percent in applying this clause,
          except that the Administrator may adjust such 25 percent
          requirement to provide for a lesser or greater reduction
          based on technological feasibility, considering the cost of
          achieving such reductions in VOC emissions. No such
          adjustment shall provide for less than a 20 percent reduction
          below the aggregate emissions of such air pollutants from
          such vehicles when using baseline gasoline. The reductions
          required under this clause shall be on a mass basis.
          (ii) Toxics
            During the entire year, the aggregate emissions of toxic
          air pollutants from baseline vehicles when using the
          reformulated gasoline shall be 15 percent below the aggregate
          emissions of toxic air pollutants from such vehicles when
          using baseline gasoline. Effective in calendar year 2000 and
          thereafter, 25 percent shall be substituted for 15 percent in
          applying this clause, except that the Administrator may
          adjust such 25 percent requirement to provide for a lesser or
          greater reduction based on technological feasibility,
          considering the cost of achieving such reductions in toxic
          air pollutants. No such adjustment shall provide for less
          than a 20 percent reduction below the aggregate emissions of
          such air pollutants from such vehicles when using baseline
          gasoline. The reductions required under this clause shall be
          on a mass basis.

      Any reduction greater than a specific percentage reduction
      required under this subparagraph shall be treated as satisfying
      such percentage reduction requirement.
      (4) Certification procedures
        (A) Regulations
          The regulations under this subsection shall include
        procedures under which the Administrator shall certify
        reformulated gasoline as complying with the requirements
        established pursuant to this subsection. Under such
        regulations, the Administrator shall establish procedures for
        any person to petition the Administrator to certify a fuel
        formulation, or slate of fuel formulations. Such procedures
        shall further require that the Administrator shall approve or
        deny such petition within 180 days of receipt. If the
        Administrator fails to act within such 180-day period, the fuel
        shall be deemed certified until the Administrator completes
        action on the petition.
        (B) Certification; equivalency
          The Administrator shall certify a fuel formulation or slate
        of fuel formulations as complying with this subsection if such
        fuel or fuels - 
            (i) comply with the requirements of paragraph (2), and
            (ii) achieve equivalent or greater reductions in emissions
          of ozone forming volatile organic compounds and emissions of
          toxic air pollutants than are achieved by a reformulated
          gasoline meeting the applicable requirements of paragraph
          (3).
        (C) EPA determination of emissions level
          Within 1 year after November 15, 1990, the Administrator
        shall determine the level of emissions of ozone forming
        volatile organic compounds and emissions of toxic air
        pollutants emitted by baseline vehicles when operating on
        baseline gasoline. For purposes of this subsection, within 1
        year after November 15, 1990, the Administrator shall, by rule,
        determine appropriate measures of, and methodology for,
        ascertaining the emissions of air pollutants (including
        calculations, equipment, and testing tolerances).
      (5) Prohibition
        Effective beginning January 1, 1995, each of the following
      shall be a violation of this subsection:
          (A) The sale or dispensing by any person of conventional
        gasoline to ultimate consumers in any covered area.
          (B) The sale or dispensing by any refiner, blender, importer,
        or marketer of conventional gasoline for resale in any covered
        area, without (i) segregating such gasoline from reformulated
        gasoline, and (ii) clearly marking such conventional gasoline
        as "conventional gasoline, not for sale to ultimate consumer in
        a covered area".

      Any refiner, blender, importer or marketer who purchases property
      (!5) segregated and marked conventional gasoline, and thereafter
      labels, represents, or wholesales such gasoline as reformulated
      gasoline shall also be in violation of this subsection. The
      Administrator may impose sampling, testing, and recordkeeping
      requirements upon any refiner, blender, importer, or marketer to
      prevent violations of this section.

      (6) Opt-in areas
        (A) Classified areas
          (i) In general
            Upon the application of the Governor of a State, the
          Administrator shall apply the prohibition set forth in
          paragraph (5) in any area in the State classified under
          subpart 2 of part D of subchapter I of this chapter as a
          Marginal, Moderate, Serious, or Severe Area (without regard
          to whether or not the 1980 population of the area exceeds
          250,000). In any such case, the Administrator shall establish
          an effective date for such prohibition as he deems
          appropriate, not later than January 1, 1995, or 1 year after
          such application is received, whichever is later. The
          Administrator shall publish such application in the Federal
          Register upon receipt.
          (ii) Effect of insufficient domestic capacity to produce
            reformulated gasoline
            If the Administrator determines, on the Administrator's own
          motion or on petition of any person, after consultation with
          the Secretary of Energy, that there is insufficient domestic
          capacity to produce gasoline certified under this subsection,
          the Administrator shall, by rule, extend the effective date
          of such prohibition in Marginal, Moderate, Serious, or Severe
          Areas referred to in clause (i) for one additional year, and
          may, by rule, renew such extension for 2 additional one-year
          periods. The Administrator shall act on any petition
          submitted under this subparagraph within 6 months after
          receipt of the petition. The Administrator shall issue such
          extensions for areas with a lower ozone classification before
          issuing any such extension for areas with a higher
          classification.
        (B) Ozone transport region
          (i) Application of prohibition
            (I) In general
              On application of the Governor of a State in the ozone
            transport region established by section 7511c(a) of this
            title, the Administrator, not later than 180 days after the
            date of receipt of the application, shall apply the
            prohibition specified in paragraph (5) to any area in the
            State (other than an area classified as a marginal,
            moderate, serious, or severe ozone nonattainment area under
            subpart 2 of part D of subchapter I of this chapter) unless
            the Administrator determines under clause (iii) that there
            is insufficient capacity to supply reformulated gasoline.
            (II) Publication of application
              As soon as practicable after the date of receipt of an
            application under subclause (I), the Administrator shall
            publish the application in the Federal Register.
          (ii) Period of applicability
            Under clause (i), the prohibition specified in paragraph
          (5) shall apply in a State - 
              (I) commencing as soon as practicable but not later than
            2 years after the date of approval by the Administrator of
            the application of the Governor of the State; and
              (II) ending not earlier than 4 years after the
            commencement date determined under subclause (I).
          (iii) Extension of commencement date based on insufficient
            capacity
            (I) In general
              If, after receipt of an application from a Governor of a
            State under clause (i), the Administrator determines, on
            the Administrator's own motion or on petition of any
            person, after consultation with the Secretary of Energy,
            that there is insufficient capacity to supply reformulated
            gasoline, the Administrator, by regulation - 
                (aa) shall extend the commencement date with respect to
              the State under clause (ii)(I) for not more than 1 year;
              and
                (bb) may renew the extension under item (aa) for 2
              additional periods, each of which shall not exceed 1
              year.
            (II) Deadline for action on petitions
              The Administrator shall act on any petition submitted
            under subclause (I) not later than 180 days after the date
            of receipt of the petition.
      (7) Credits
        (A) The regulations promulgated under this subsection shall
      provide for the granting of an appropriate amount of credits to a
      person who refines, blends, or imports and certifies a gasoline
      or slate of gasoline that - 
          (i) has an aromatic hydrocarbon content (by volume) that is
        less than the maximum aromatic hydrocarbon content required to
        comply with paragraph (3); or
          (ii) has a benzene content (by volume) that is less than the
        maximum benzene content specified in paragraph (2).

        (B) The regulations described in subparagraph (A) shall also
      provide that a person who is granted credits may use such
      credits, or transfer all or a portion of such credits to another
      person for use within the same nonattainment area, for the
      purpose of complying with this subsection.
        (C) The regulations promulgated under subparagraphs (A) and (B)
      shall ensure the enforcement of the requirements for the
      issuance, application, and transfer of the credits. Such
      regulations shall prohibit the granting or transfer of such
      credits for use with respect to any gasoline in a nonattainment
      area, to the extent the use of such credits would result in any
      of the following:
          (i) An average gasoline aromatic hydrocarbon content (by
        volume) for the nonattainment (taking into account all gasoline
        sold for use in conventional gasoline-fueled vehicles in the
        nonattainment area) higher than the average fuel aromatic
        hydrocarbon content (by volume) that would occur in the absence
        of using any such credits.
          (ii) An average benzene content (by volume) for the
        nonattainment area (taking into account all gasoline sold for
        use in conventional gasoline-fueled vehicles in the
        nonattainment area) higher than the average benzene content (by
        volume) that would occur in the absence of using any such
        credits.
      (8) Anti-dumping rules
        (A) In general
          Within 1 year after November 15, 1990, the Administrator
        shall promulgate regulations applicable to each refiner,
        blender, or importer of gasoline ensuring that gasoline sold or
        introduced into commerce by such refiner, blender, or importer
        (other than reformulated gasoline subject to the requirements
        of paragraph (1)) does not result in average per gallon
        emissions (measured on a mass basis) of (i) volatile organic
        compounds, (ii) oxides of nitrogen, (iii) carbon monoxide, and
        (iv) toxic air pollutants in excess of such emissions of such
        pollutants attributable to gasoline sold or introduced into
        commerce in calendar year 1990 by that refiner, blender, or
        importer. Such regulations shall take effect beginning January
        1, 1995.
        (B) Adjustments
          In evaluating compliance with the requirements of
        subparagraph (A), the Administrator shall make appropriate
        adjustments to insure that no credit is provided for
        improvement in motor vehicle emissions control in motor
        vehicles sold after the calendar year 1990.
        (C) Compliance determined for each pollutant independently
          In determining whether there is an increase in emissions in
        violation of the prohibition contained in subparagraph (A) the
        Administrator shall consider an increase in each air pollutant
        referred to in clauses (i) through (iv) as a separate violation
        of such prohibition, except that the Administrator shall
        promulgate regulations to provide that any increase in
        emissions of oxides of nitrogen resulting from adding
        oxygenates to gasoline may be offset by an equivalent or
        greater reduction (on a mass basis) in emissions of volatile
        organic compounds, carbon monoxide, or toxic air pollutants, or
        any combination of the foregoing.
        (D) Compliance period
          The Administrator shall promulgate an appropriate compliance
        period or appropriate compliance periods to be used for
        assessing compliance with the prohibition contained in
        subparagraph (A).
        (E) Baseline for determining compliance
          If the Administrator determines that no adequate and reliable
        data exists regarding the composition of gasoline sold or
        introduced into commerce by a refiner, blender, or importer in
        calendar year 1990, for such refiner, blender, or importer,
        baseline gasoline shall be substituted for such 1990 gasoline
        in determining compliance with subparagraph (A).
      (9) Emissions from entire vehicle
        In applying the requirements of this subsection, the
      Administrator shall take into account emissions from the entire
      motor vehicle, including evaporative, running, refueling, and
      exhaust emissions.
      (10) Definitions
        For purposes of this subsection - 
        (A) Baseline vehicles
          The term "baseline vehicles" mean representative model year
        1990 vehicles.
        (B) Baseline gasoline
          (i) Summertime
            The term "baseline gasoline" means in the case of gasoline
          sold during the high ozone period (as defined by the
          Administrator) a gasoline which meets the following
          specifications:

       BASELINE GASOLINE FUEL                         
        PROPERTIES                                    
        API Gravity                                              57.4 
        Sulfur, ppm                                             339   
        Benzene, %                                                1.53
        RVP, psi                                                  8.7 
        Octane, R+M/2                                            87.3 
        IBP, F                                                   91   
        10%, F                                                  128   
        50%, F                                                  218   
        90%, F                                                  330   
        End Point, F                                            415   
        Aromatics, %                                             32.0 
        Olefins, %                                                9.2 
        Saturates, %                                             58.8 
          (ii) Wintertime
            The Administrator shall establish the specifications of
          "baseline gasoline" for gasoline sold at times other than the
          high ozone period (as defined by the Administrator). Such
          specifications shall be the specifications of 1990 industry
          average gasoline sold during such period.
        (C) Toxic air pollutants
          The term "toxic air pollutants" means the aggregate emissions
        of the following:
         Benzene
         1,3 Butadiene
         Polycyclic organic matter (POM)
         Acetaldehyde
         Formaldehyde.
        (D) Covered area
          The 9 ozone nonattainment areas having a 1980 population in
        excess of 250,000 and having the highest ozone design value
        during the period 1987 through 1989 shall be "covered areas"
        for purposes of this subsection. Effective one year after the
        reclassification of any ozone nonattainment area as a Severe
        ozone nonattainment area under section 7511(b) of this title,
        such Severe area shall also be a "covered area" for purposes of
        this subsection.
        (E) Reformulated gasoline
          The term "reformulated gasoline" means any gasoline which is
        certified by the Administrator under this section as complying
        with this subsection.
        (F) Conventional gasoline
          The term "conventional gasoline" means any gasoline which
        does not meet specifications set by a certification under this
        subsection.
    (l) Detergents
      Effective beginning January 1, 1995, no person may sell or
    dispense to an ultimate consumer in the United States, and no
    refiner or marketer may directly or indirectly sell or dispense to
    persons who sell or dispense to ultimate consumers in the United
    States any gasoline which does not contain additives to prevent the
    accumulation of deposits in engines or fuel supply systems. Not
    later than 2 years after November 15, 1990, the Administrator shall
    promulgate a rule establishing specifications for such additives.
    (m) Oxygenated fuels
      (1) Plan revisions for CO nonattainment areas
        (A) Each State in which there is located all or part of an area
      which is designated under subchapter I of this chapter as a
      nonattainment area for carbon monoxide and which has a carbon
      monoxide design value of 9.5 parts per million (ppm) or above
      based on data for the 2-year period of 1988 and 1989 and
      calculated according to the most recent interpretation
      methodology issued by the Administrator prior to November 15,
      1990, shall submit to the Administrator a State implementation
      plan revision under section 7410 of this title and part D of
      subchapter I of this chapter for such area which shall contain
      the provisions specified under this subsection regarding
      oxygenated gasoline.
        (B) A plan revision which contains such provisions shall also
      be submitted by each State in which there is located any area
      which, for any 2-year period after 1989 has a carbon monoxide
      design value of 9.5 ppm or above. The revision shall be submitted
      within 18 months after such 2-year period.
      (2) Oxygenated gasoline in CO nonattainment areas
        Each plan revision under this subsection shall contain
      provisions to require that any gasoline sold, or dispensed, to
      the ultimate consumer in the carbon monoxide nonattainment area
      or sold or dispensed directly or indirectly by fuel refiners or
      marketers to persons who sell or dispense to ultimate consumers,
      in the larger of - 
          (A) the Consolidated Metropolitan Statistical Area (CMSA) in
        which the area is located, or
          (B) if the area is not located in a CMSA, the Metropolitan
        Statistical Area in which the area is located,

      be blended, during the portion of the year in which the area is
      prone to high ambient concentrations of carbon monoxide to
      contain not less than 2.7 percent oxygen by weight (subject to a
      testing tolerance established by the Administrator). The portion
      of the year in which the area is prone to high ambient
      concentrations of carbon monoxide shall be as determined by the
      Administrator, but shall not be less than 4 months. At the
      request of a State with respect to any area designated as
      nonattainment for carbon monoxide, the Administrator may reduce
      the period specified in the preceding sentence if the State can
      demonstrate that because of meteorological conditions, a reduced
      period will assure that there will be no exceedances of the
      carbon monoxide standard outside of such reduced period. For
      areas with a carbon monoxide design value of 9.5 ppm or more of
      (!6) November 15, 1990, the revision shall provide that such
      requirement shall take effect no later than November 1, 1992 (or
      at such other date during 1992 as the Administrator establishes
      under the preceding provisions of this paragraph). For other
      areas, the revision shall provide that such requirement shall
      take effect no later than November 1 of the third year after the
      last year of the applicable 2-year period referred to in
      paragraph (1) (or at such other date during such third year as
      the Administrator establishes under the preceding provisions of
      this paragraph) and shall include a program for implementation
      and enforcement of the requirement consistent with guidance to be
      issued by the Administrator.

      (3) Waivers
        (A) The Administrator shall waive, in whole or in part, the
      requirements of paragraph (2) upon a demonstration by the State
      to the satisfaction of the Administrator that the use of
      oxygenated gasoline would prevent or interfere with the
      attainment by the area of a national primary ambient air quality
      standard (or a State or local ambient air quality standard) for
      any air pollutant other than carbon monoxide.
        (B) The Administrator shall, upon demonstration by the State
      satisfactory to the Administrator, waive the requirement of
      paragraph (2) where the Administrator determines that mobile
      sources of carbon monoxide do not contribute significantly to
      carbon monoxide levels in an area.
        (C)(i) Any person may petition the Administrator to make a
      finding that there is, or is likely to be, for any area, an
      inadequate domestic supply of, or distribution capacity for,
      oxygenated gasoline meeting the requirements of paragraph (2) or
      fuel additives (oxygenates) necessary to meet such requirements.
      The Administrator shall act on such petition within 6 months
      after receipt of the petition.
        (ii) If the Administrator determines, in response to a petition
      under clause (i), that there is an inadequate supply or capacity
      described in clause (i), the Administrator shall delay the
      effective date of paragraph (2) for 1 year. Upon petition, the
      Administrator may extend such effective date for one additional
      year. No partial delay or lesser waiver may be granted under this
      clause.
        (iii) In granting waivers under this subparagraph the
      Administrator shall consider distribution capacity separately
      from the adequacy of domestic supply and shall grant such waivers
      in such manner as will assure that, if supplies of oxygenated
      gasoline are limited, areas having the highest design value for
      carbon monoxide will have a priority in obtaining oxygenated
      gasoline which meets the requirements of paragraph (2).
        (iv) As used in this subparagraph, the term distribution
      capacity includes capacity for transportation, storage, and
      blending.
      (4) Fuel dispensing systems
        Any person selling oxygenated gasoline at retail pursuant to
      this subsection shall be required under regulations promulgated
      by the Administrator to label the fuel dispensing system with a
      notice that the gasoline is oxygenated and will reduce the carbon
      monoxide emissions from the motor vehicle.
      (5) Guidelines for credit
        The Administrator shall promulgate guidelines, within 9 months
      after November 15, 1990, allowing the use of marketable oxygen
      credits from gasolines during that portion of the year specified
      in paragraph (2) with higher oxygen content than required to
      offset the sale or use of gasoline with a lower oxygen content
      than required. No credits may be transferred between
      nonattainment areas.
      (6) Attainment areas
        Nothing in this subsection shall be interpreted as requiring an
      oxygenated gasoline program in an area which is in attainment for
      carbon monoxide, except that in a carbon monoxide nonattainment
      area which is redesignated as attainment for carbon monoxide, the
      requirements of this subsection shall remain in effect to the
      extent such program is necessary to maintain such standard
      thereafter in the area.
      (7) Failure to attain CO standard
        If the Administrator determines under section 7512(b)(2) of
      this title that the national primary ambient air quality standard
      for carbon monoxide has not been attained in a Serious Area by
      the applicable attainment date, the State shall submit a plan
      revision for the area within 9 months after the date of such
      determination. The plan revision shall provide that the minimum
      oxygen content of gasoline referred to in paragraph (2) shall be
      3.1 percent by weight unless such requirement is waived in
      accordance with the provisions of this subsection.
    (n) Prohibition on leaded gasoline for highway use
      After December 31, 1995, it shall be unlawful for any person to
    sell, offer for sale, supply, offer for supply, dispense,
    transport, or introduce into commerce, for use as fuel in any motor
    vehicle (as defined in section 7554(2) (!7) of this title) any
    gasoline which contains lead or lead additives.

    (o) Renewable fuel program
      (1) Definitions
        In this section:
        (A) Cellulosic biomass ethanol
          The term "cellulosic biomass ethanol" means ethanol derived
        from any lignocellulosic or hemicellulosic matter that is
        available on a renewable or recurring basis, including - 
            (i) dedicated energy crops and trees;
            (ii) wood and wood residues;
            (iii) plants;
            (iv) grasses;
            (v) agricultural residues;
            (vi) fibers;
            (vii) animal wastes and other waste materials; and
            (viii) municipal solid waste.

        The term also includes any ethanol produced in facilities where
        animal wastes or other waste materials are digested or
        otherwise used to displace 90 percent or more of the fossil
        fuel normally used in the production of ethanol.
        (B) Waste derived ethanol
          The term "waste derived ethanol" means ethanol derived from -
        
            (i) animal wastes, including poultry fats and poultry
          wastes, and other waste materials; or
            (ii) municipal solid waste.
        (C) Renewable fuel
          (i) In general
            The term "renewable fuel" means motor vehicle fuel that - 
              (I)(aa) is produced from grain, starch, oilseeds,
            vegetable, animal, or fish materials including fats,
            greases, and oils, sugarcane, sugar beets, sugar
            components, tobacco, potatoes, or other biomass; or
              (bb) is natural gas produced from a biogas source,
            including a landfill, sewage waste treatment plant,
            feedlot, or other place where decaying organic material is
            found; and
              (II) is used to replace or reduce the quantity of fossil
            fuel present in a fuel mixture used to operate a motor
            vehicle.
          (ii) Inclusion
            The term "renewable fuel" includes - 
              (I) cellulosic biomass ethanol and "waste derived
            ethanol"; and
              (II) biodiesel (as defined in section 13220(f) of this
            title) and any blending components derived from renewable
            fuel (provided that only the renewable fuel portion of any
            such blending component shall be considered part of the
            applicable volume under the renewable fuel program
            established by this subsection).
        (D) Small refinery
          The term "small refinery" means a refinery for which the
        average aggregate daily crude oil throughput for a calendar
        year (as determined by dividing the aggregate throughput for
        the calendar year by the number of days in the calendar year)
        does not exceed 75,000 barrels.
      (2) Renewable fuel program
        (A) Regulations
          (i) In general
            Not later than 1 year after August 8, 2005, the
          Administrator shall promulgate regulations to ensure that
          gasoline sold or introduced into commerce in the United
          States (except in noncontiguous States or territories), on an
          annual average basis, contains the applicable volume of
          renewable fuel determined in accordance with subparagraph
          (B).
          (ii) Noncontiguous State opt-in
            (I) In general
              On the petition of a noncontiguous State or territory,
            the Administrator may allow the renewable fuel program
            established under this subsection to apply in the
            noncontiguous State or territory at the same time or any
            time after the Administrator promulgates regulations under
            this subparagraph.
            (II) Other actions
              In carrying out this clause, the Administrator may - 
                (aa) issue or revise regulations under this paragraph;
                (bb) establish applicable percentages under paragraph
              (3);
                (cc) provide for the generation of credits under
              paragraph (5); and
                (dd) take such other actions as are necessary to allow
              for the application of the renewable fuels program in a
              noncontiguous State or territory.
          (iii) Provisions of regulations
            Regardless of the date of promulgation, the regulations
          promulgated under clause (i) - 
              (I) shall contain compliance provisions applicable to
            refineries, blenders, distributors, and importers, as
            appropriate, to ensure that the requirements of this
            paragraph are met; but
              (II) shall not - 
                (aa) restrict geographic areas in which renewable fuel
              may be used; or
                (bb) impose any per-gallon obligation for the use of
              renewable fuel.
          (iv) Requirement in case of failure to promulgate regulations
            If the Administrator does not promulgate regulations under
          clause (i), the percentage of renewable fuel in gasoline sold
          or dispensed to consumers in the United States, on a volume
          basis, shall be 2.78 percent for calendar year 2006.
        (B) Applicable volume
          (i) Calendar years 2006 through 2012
            For the purpose of subparagraph (A), the applicable volume
          for any of calendar years 2006 through 2012 shall be
          determined in accordance with the following table:

                                                            Applicable
                                                             volume of
                                                             renewable
                                                                  fuel
    Calendar year:                                     (in billions of
                                                             gallons):
     2006                                                          4.0
     2007                                                          4.7
     2008                                                          5.4
     2009                                                          6.1
     2010                                                          6.8
     2011                                                          7.4
     2012                                                         7.5.
          (ii) Calendar year 2013 and thereafter
            Subject to clauses (iii) and (iv), for the purposes of
          subparagraph (A), the applicable volume for calendar year
          2013 and each calendar year thereafter shall be determined by
          the Administrator, in coordination with the Secretary of
          Agriculture and the Secretary of Energy, based on a review of
          the implementation of the program during calendar years 2006
          through 2012, including a review of - 
              (I) the impact of the use of renewable fuels on the
            environment, air quality, energy security, job creation,
            and rural economic development; and
              (II) the expected annual rate of future production of
            renewable fuels, including cellulosic ethanol.
          (iii) Minimum quantity derived from cellulosic biomass
            For calendar year 2013 and each calendar year thereafter - 
              (I) the applicable volume referred to in clause (ii)
            shall contain a minimum of 250,000,000 gallons that are
            derived from cellulosic biomass; and
              (II) the 2.5-to-1 ratio referred to in paragraph (4)
            shall not apply.
          (iv) Minimum applicable volume
            For the purpose of subparagraph (A), the applicable volume
          for calendar year 2013 and each calendar year thereafter
          shall be equal to the product obtained by multiplying - 
              (I) the number of gallons of gasoline that the
            Administrator estimates will be sold or introduced into
            commerce in the calendar year; and
              (II) the ratio that - 
                (aa) 7,500,000,000 gallons of renewable fuel; bears to
                (bb) the number of gallons of gasoline sold or
              introduced into commerce in calendar year 2012.
      (3) Applicable percentages
        (A) Provision of estimate of volumes of gasoline sales
          Not later than October 31 of each of calendar years 2005
        through 2011, the Administrator of the Energy Information
        Administration shall provide to the Administrator of the
        Environmental Protection Agency an estimate, with respect to
        the following calendar year, of the volumes of gasoline
        projected to be sold or introduced into commerce in the United
        States.
        (B) Determination of applicable percentages
          (i) In general
            Not later than November 30 of each of calendar years 2005
          through 2012, based on the estimate provided under
          subparagraph (A), the Administrator of the Environmental
          Protection Agency shall determine and publish in the Federal
          Register, with respect to the following calendar year, the
          renewable fuel obligation that ensures that the requirements
          of paragraph (2) are met.
          (ii) Required elements
            The renewable fuel obligation determined for a calendar
          year under clause (i) shall - 
              (I) be applicable to refineries, blenders, and importers,
            as appropriate;
              (II) be expressed in terms of a volume percentage of
            gasoline sold or introduced into commerce in the United
            States; and
              (III) subject to subparagraph (C)(i), consist of a single
            applicable percentage that applies to all categories of
            persons specified in subclause (I).
        (C) Adjustments
          In determining the applicable percentage for a calendar year,
        the Administrator shall make adjustments - 
            (i) to prevent the imposition of redundant obligations on
          any person specified in subparagraph (B)(ii)(I); and
            (ii) to account for the use of renewable fuel during the
          previous calendar year by small refineries that are exempt
          under paragraph (9).
      (4) Cellulosic biomass ethanol or waste derived ethanol
        For the purpose of paragraph (2), 1 gallon of cellulosic
      biomass ethanol or waste derived ethanol shall be considered to
      be the equivalent of 2.5 gallons of renewable fuel.
      (5) Credit program
        (A) In general
          The regulations promulgated under paragraph (2)(A) shall
        provide - 
            (i) for the generation of an appropriate amount of credits
          by any person that refines, blends, or imports gasoline that
          contains a quantity of renewable fuel that is greater than
          the quantity required under paragraph (2);
            (ii) for the generation of an appropriate amount of credits
          for biodiesel; and
            (iii) for the generation of credits by small refineries in
          accordance with paragraph (9)(C).
        (B) Use of credits
          A person that generates credits under subparagraph (A) may
        use the credits, or transfer all or a portion of the credits to
        another person, for the purpose of complying with paragraph
        (2).
        (C) Duration of credits
          A credit generated under this paragraph shall be valid to
        show compliance for the 12 months as of the date of generation.
        (D) Inability to generate or purchase sufficient credits
          The regulations promulgated under paragraph (2)(A) shall
        include provisions allowing any person that is unable to
        generate or purchase sufficient credits to meet the
        requirements of paragraph (2) to carry forward a renewable fuel
        deficit on condition that the person, in the calendar year
        following the year in which the renewable fuel deficit is
        created - 
            (i) achieves compliance with the renewable fuel requirement
          under paragraph (2); and
            (ii) generates or purchases additional renewable fuel
          credits to offset the renewable fuel deficit of the previous
          year.
      (6) Seasonal variations in renewable fuel use
        (A) Study
          For each of calendar years 2006 through 2012, the
        Administrator of the Energy Information Administration shall
        conduct a study of renewable fuel blending to determine whether
        there are excessive seasonal variations in the use of renewable
        fuel.
        (B) Regulation of excessive seasonal variations
          If, for any calendar year, the Administrator of the Energy
        Information Administration, based on the study under
        subparagraph (A), makes the determinations specified in
        subparagraph (C), the Administrator of the Environmental
        Protection Agency shall promulgate regulations to ensure that
        25 percent or more of the quantity of renewable fuel necessary
        to meet the requirements of paragraph (2) is used during each
        of the 2 periods specified in subparagraph (D) of each
        subsequent calendar year.
        (C) Determinations
          The determinations referred to in subparagraph (B) are that -
        
            (i) less than 25 percent of the quantity of renewable fuel
          necessary to meet the requirements of paragraph (2) has been
          used during 1 of the 2 periods specified in subparagraph (D)
          of the calendar year;
            (ii) a pattern of excessive seasonal variation described in
          clause (i) will continue in subsequent calendar years; and
            (iii) promulgating regulations or other requirements to
          impose a 25 percent or more seasonal use of renewable fuels
          will not prevent or interfere with the attainment of national
          ambient air quality standards or significantly increase the
          price of motor fuels to the consumer.
        (D) Periods
          The 2 periods referred to in this paragraph are - 
            (i) April through September; and
            (ii) January through March and October through December.
        (E) Exclusion
          Renewable fuel blended or consumed in calendar year 2006 in a
        State that has received a waiver under section 7543(b) of this
        title shall not be included in the study under subparagraph
        (A).
        (F) State exemption from seasonality requirements
          Notwithstanding any other provision of law, the seasonality
        requirement relating to renewable fuel use established by this
        paragraph shall not apply to any State that has received a
        waiver under section 7543(b) of this title or any State
        dependent on refineries in such State for gasoline supplies.
      (7) Waivers
        (A) In general
          The Administrator, in consultation with the Secretary of
        Agriculture and the Secretary of Energy, may waive the
        requirements of paragraph (2) in whole or in part on petition
        by one or more States by reducing the national quantity of
        renewable fuel required under paragraph (2) - 
            (i) based on a determination by the Administrator, after
          public notice and opportunity for comment, that
          implementation of the requirement would severely harm the
          economy or environment of a State, a region, or the United
          States; or
            (ii) based on a determination by the Administrator, after
          public notice and opportunity for comment, that there is an
          inadequate domestic supply.
        (B) Petitions for waivers
          The Administrator, in consultation with the Secretary of
        Agriculture and the Secretary of Energy, shall approve or
        disapprove a State petition for a waiver of the requirements of
        paragraph (2) within 90 days after the date on which the
        petition is received by the Administrator.
        (C) Termination of waivers
          A waiver granted under subparagraph (A) shall terminate after
        1 year, but may be renewed by the Administrator after
        consultation with the Secretary of Agriculture and the
        Secretary of Energy.
      (8) Study and waiver for initial year of program
        (A) In general
          Not later than 180 days after August 8, 2005, the Secretary
        of Energy shall conduct for the Administrator a study assessing
        whether the renewable fuel requirement under paragraph (2) will
        likely result in significant adverse impacts on consumers in
        2006, on a national, regional, or State basis.
        (B) Required evaluations
          The study shall evaluate renewable fuel - 
            (i) supplies and prices;
            (ii) blendstock supplies; and
            (iii) supply and distribution system capabilities.
        (C) Recommendations by the Secretary
          Based on the results of the study, the Secretary of Energy
        shall make specific recommendations to the Administrator
        concerning waiver of the requirements of paragraph (2), in
        whole or in part, to prevent any adverse impacts described in
        subparagraph (A).
        (D) Waiver
          (i) In general
            Not later than 270 days after August 8, 2005, the
          Administrator shall, if and to the extent recommended by the
          Secretary of Energy under subparagraph (C), waive, in whole
          or in part, the renewable fuel requirement under paragraph
          (2) by reducing the national quantity of renewable fuel
          required under paragraph (2) in calendar year 2006.
          (ii) No effect on waiver authority
            Clause (i) does not limit the authority of the
          Administrator to waive the requirements of paragraph (2) in
          whole, or in part, under paragraph (7).
      (9) Small refineries
        (A) Temporary exemption
          (i) In general
            The requirements of paragraph (2) shall not apply to small
          refineries until calendar year 2011.
          (ii) Extension of exemption
            (I) Study by Secretary of Energy
              Not later than December 31, 2008, the Secretary of Energy
            shall conduct for the Administrator a study to determine
            whether compliance with the requirements of paragraph (2)
            would impose a disproportionate economic hardship on small
            refineries.
            (II) Extension of exemption
              In the case of a small refinery that the Secretary of
            Energy determines under subclause (I) would be subject to a
            disproportionate economic hardship if required to comply
            with paragraph (2), the Administrator shall extend the
            exemption under clause (i) for the small refinery for a
            period of not less than 2 additional years.
        (B) Petitions based on disproportionate economic hardship
          (i) Extension of exemption
            A small refinery may at any time petition the Administrator
          for an extension of the exemption under subparagraph (A) for
          the reason of disproportionate economic hardship.
          (ii) Evaluation of petitions
            In evaluating a petition under clause (i), the
          Administrator, in consultation with the Secretary of Energy,
          shall consider the findings of the study under subparagraph
          (A)(ii) and other economic factors.
          (iii) Deadline for action on petitions
            The Administrator shall act on any petition submitted by a
          small refinery for a hardship exemption not later than 90
          days after the date of receipt of the petition.
        (C) Credit program
          If a small refinery notifies the Administrator that the small
        refinery waives the exemption under subparagraph (A), the
        regulations promulgated under paragraph (2)(A) shall provide
        for the generation of credits by the small refinery under
        paragraph (5) beginning in the calendar year following the date
        of notification.
        (D) Opt-in for small refineries
          A small refinery shall be subject to the requirements of
        paragraph (2) if the small refinery notifies the Administrator
        that the small refinery waives the exemption under subparagraph
        (A).
      (10) Ethanol market concentration analysis
        (A) Analysis
          (i) In general
            Not later than 180 days after August 8, 2005, and annually
          thereafter, the Federal Trade Commission shall perform a
          market concentration analysis of the ethanol production
          industry using the Herfindahl-Hirschman Index to determine
          whether there is sufficient competition among industry
          participants to avoid price-setting and other anticompetitive
          behavior.
          (ii) Scoring
            For the purpose of scoring under clause (i) using the
          Herfindahl-Hirschman Index, all marketing arrangements among
          industry participants shall be considered.
        (B) Report
          Not later than December 1, 2005, and annually thereafter, the
        Federal Trade Commission shall submit to Congress and the
        Administrator a report on the results of the market
        concentration analysis performed under subparagraph (A)(i).
    (q) (!8) Analyses of motor vehicle fuel changes and emissions model

      (1) Anti-backsliding analysis
        (A) Draft analysis
          Not later than 4 years after August 8, 2005, the
        Administrator shall publish for public comment a draft analysis
        of the changes in emissions of air pollutants and air quality
        due to the use of motor vehicle fuel and fuel additives
        resulting from implementation of the amendments made by the
        Energy Policy Act of 2005.
        (B) Final analysis
          After providing a reasonable opportunity for comment but not
        later than 5 years after August 8, 2005, the Administrator
        shall publish the analysis in final form.
      (2) Emissions model
        For the purposes of this section, not later than 4 years after
      August 8, 2005, the Administrator shall develop and finalize an
      emissions model that reflects, to the maximum extent practicable,
      the effects of gasoline characteristics or components on
      emissions from vehicles in the motor vehicle fleet during
      calendar year 2007.
      (3) Permeation effects study
        (A) In general
          Not later than 1 year after August 8, 2005, the Administrator
        shall conduct a study, and report to Congress the results of
        the study, on the effects of ethanol content in gasoline on
        permeation, the process by which fuel molecules migrate through
        the elastomeric materials (rubber and plastic parts) that make
        up the fuel and fuel vapor systems of a motor vehicle.
        (B) Evaporative emissions
          The study shall include estimates of the increase in total
        evaporative emissions likely to result from the use of gasoline
        with ethanol content in a motor vehicle, and the fleet of motor
        vehicles, due to permeation.
    (r) (!9) Fuel and fuel additive importers and importation

      For the purposes of this section, the term "manufacturer"
    includes an importer and the term "manufacture" includes
    importation.
    (r) (!9) Conversion assistance for cellulosic biomass, waste-
      derived ethanol, approved renewable fuels
      (1) In general
        The Secretary of Energy may provide grants to merchant
      producers of cellulosic biomass ethanol, waste-derived ethanol,
      and approved renewable fuels in the United States to assist the
      producers in building eligible production facilities described in
      paragraph (2) for the production of ethanol or approved renewable
      fuels.
      (2) Eligible production facilities
        A production facility shall be eligible to receive a grant
      under this subsection if the production facility - 
          (A) is located in the United States; and
          (B) uses cellulosic or renewable biomass or waste-derived
        feedstocks derived from agricultural residues, wood residues,
        municipal solid waste, or agricultural byproducts.
      (3) Authorization of appropriations
        There are authorized to be appropriated the following amounts
      to carry out this subsection:
          (A) $100,000,000 for fiscal year 2006.
          (B) $250,000,000 for fiscal year 2007.
          (C) $400,000,000 for fiscal year 2008.
      (4) Definitions
        For the purposes of this subsection:
          (A) The term "approved renewable fuels" are fuels and
        components of fuels that have been approved by the Department
        of Energy, as defined in section 13211 of this title, which
        have been made from renewable biomass.
          (B) The term "renewable biomass" is, as defined in
        Presidential Executive Order 13134, published in the Federal
        Register on August 16, 1999, any organic matter that is
        available on a renewable or recurring basis (excluding old-
        growth timber), including dedicated energy crops and trees,
        agricultural food and feed crop residues, aquatic plants,
        animal wastes, wood and wood residues, paper and paper
        residues, and other vegetative waste materials. Old-growth
        timber means timber of a forest from the late successional
        stage of forest development.
    (s) Blending of compliant reformulated gasolines
      (1) In general
        Notwithstanding subsections (h) and (k) of this section and
      subject to the limitations in paragraph (2) of this subsection,
      it shall not be a violation of this part (!10) for a gasoline
      retailer, during any month of the year, to blend at a retail
      location batches of ethanol-blended and non-ethanol-blended
      reformulated gasoline, provided that - 

          (A) each batch of gasoline to be blended has been
        individually certified as in compliance with subsections (h)
        and (k) of this section prior to being blended;
          (B) the retailer notifies the Administrator prior to such
        blending, and identifies the exact location of the retail
        station and the specific tank in which such blending will take
        place;
          (C) the retailer retains and, as requested by the
        Administrator or the Administrator's designee, makes available
        for inspection such certifications accounting for all gasoline
        at the retail outlet; and
          (D) the retailer does not, between June 1 and September 15 of
        each year, blend a batch of VOC-controlled, or "summer",
        gasoline with a batch of non-VOC-controlled, or "winter",
        gasoline (as these terms are defined under subsections (h) and
        (k) of this section).
      (2) Limitations
        (A) Frequency limitation
          A retailer shall only be permitted to blend batches of
        compliant reformulated gasoline under this subsection a maximum
        of two blending periods between May 1 and September 15 of each
        calendar year.
        (B) Duration of blending period
          Each blending period authorized under subparagraph (A) shall
        extend for a period of no more than 10 consecutive calendar
        days.
      (3) Surveys
        A sample of gasoline taken from a retail location that has
      blended gasoline within the past 30 days and is in compliance
      with subparagraphs (A), (B), (C), and (D) of paragraph (1) shall
      not be used in a VOC survey mandated by 40 CFR Part 80.
      (4) State implementation plans
        A State shall be held harmless and shall not be required to
      revise its State implementation plan under section 7410 of this
      title to account for the emissions from blended gasoline
      authorized under paragraph (1).
      (5) Preservation of State law
        Nothing in this subsection shall - 
          (A) preempt existing State laws or regulations regulating the
        blending of compliant gasolines; or
          (B) prohibit a State from adopting such restrictions in the
        future.
      (6) Regulations
        The Administrator shall promulgate, after notice and comment,
      regulations implementing this subsection within 1 year after
      August 8, 2005.
      (7) Effective date
        This subsection shall become effective 15 months after August
      8, 2005, and shall apply to blended batches of reformulated
      gasoline on or after that date, regardless of whether the
      implementing regulations required by paragraph (6) have been
      promulgated by the Administrator by that date.
      (8) Liability
        No person other than the person responsible for blending under
      this subsection shall be subject to an enforcement action or
      penalties under subsection (d) of this section solely arising
      from the blending of compliant reformulated gasolines by the
      retailers.
      (9) Formulation of gasoline
        This subsection does not grant authority to the Administrator
      or any State (or any subdivision thereof) to require
      reformulation of gasoline at the refinery to adjust for potential
      or actual emissions increases due to the blending authorized by
      this subsection.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 211, formerly Sec. 210, as
    added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 502;
    renumbered and amended Pub. L. 91-604, Secs. 8(a), 9(a), Dec. 31,
    1970, 84 Stat. 1694, 1698; Pub. L. 92-157, title III, Sec. 302(d),
    (e), Nov. 18, 1971, 85 Stat. 464; Pub. L. 95-95, title II, Secs.
    222, 223, title IV, Sec. 401(e), Aug. 7, 1977, 91 Stat. 762, 764,
    791; Pub. L. 95-190, Sec. 14(a)(73), (74), Nov. 16, 1977, 91 Stat.
    1403, 1404; Pub. L. 101-549, title II, Secs. 212-221, 228(d), Nov.
    15, 1990, 104 Stat. 2488-2500, 2510; Pub. L. 109-58, title XV,
    Secs. 1501(a)-(c), 1504(a)(1), (b), 1505-1507, 1512, 1513, 1541(a),
    (b), Aug. 8, 2005, 119 Stat. 1067-1074, 1076, 1077, 1080, 1081,
    1088, 1089, 1106, 1107.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      August 8, 2005, referred to in subsec. (c)(4)(C)(v)(II), was in
    the original "enactment", which was translated as meaning the date
    of enactment of Pub. L. 109-58, which enacted subsec. (c)(4)(C)(v),
    to reflect the probable intent of Congress.
      Section 7521(l) of this title, referred to in subsec.
    (k)(1)(B)(vi), was in the original "section 202(1) of the Clean Air
    Act", which was translated as meaning section 202(l) of the Clean
    Air Act, to reflect the probable intent of Congress.
      The Energy Policy Act of 2005, referred to in subsec. (q)(1)(A),
    is Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 594. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.
      Executive Order 13134, referred to in subsec. (r)(4)(B), is set
    out as a note under section 8101 of Title 7, Agriculture.
      This part, referred to in subsec. (s)(1), was in the original
    "this subtitle" which was translated as "this part", meaning part A
    of title II of act July 14, 1955, as the probable intent of
    Congress, because title II of act July 14, 1955, does not contain
    subtitles.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-6c of this
    title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 211 of act July 14, 1955, as added Nov. 21, 1967,
    Pub. L. 90-148, Sec. 2, 81 Stat. 503, provided for a national
    emissions standards study and was classified to section 1857f-6d of
    this title, prior to repeal by section 8(a) of Pub. L. 91-604.

                                AMENDMENTS                            
      2005 - Subsec. (b)(2). Pub. L. 109-58, Sec. 1505(1)(A),
    substituted "shall, on a regular basis," for "may also" in
    introductory provisions.
      Subsec. (b)(2)(A). Pub. L. 109-58, Sec. 1505(1)(B), added subpar.
    (A) and struck out former subpar. (A) which read as follows: "to
    conduct tests to determine potential public health effects of such
    fuel or additive (including, but not limited to, carcinogenic,
    teratogenic, or mutagenic effects), and".
      Subsec. (b)(4). Pub. L. 109-58, Sec. 1505(2), added par. (4).
      Subsec. (c)(4)(C). Pub. L. 109-58, Sec. 1541(a), designated
    existing provisions as cl. (i) and added cls. (ii) to (iv) and (v)
    relating to waiver authority.
      Subsec. (c)(4)(C)(v). Pub. L. 109-58, Sec. 1541(b), added cl. (v)
    relating to approval of fuels.
      Subsec. (d)(1). Pub. L. 109-58, Sec. 1501(b)(1), substituted
    "(n), or (o)" for "or (n)" in two places in first sentence and
    "(m), or (o)" for "or (m)" in second sentence.
      Subsec. (d)(2). Pub. L. 109-58, Sec. 1501(b)(2), substituted
    "(n), and (o)" for "and (n)" in two places in first sentence.
      Subsec. (h)(5), (6). Pub. L. 109-58, Sec. 1501(c), added par. (5)
    and redesignated former par. (5) as (6).
      Subsec. (k)(1). Pub. L. 109-58, Sec. 1504(b), designated existing
    provisions as subpar. (A), inserted heading, substituted "Not later
    than November 15, 1991," for "Within 1 year after November 15,
    1990,", and added subpar. (B).
      Subsec. (k)(2)(A). Pub. L. 109-58, Sec. 1504(a)(1)(A)(i), struck
    out "(including the oxygen content requirement contained in
    subparagraph (B))" after "requirements of this paragraph".
      Subsec. (k)(2)(B) to (D). Pub. L. 109-58, Sec. 1504(a)(1)(A)(ii),
    (iii), redesignated subpars. (C) and (D) as (B) and (C),
    respectively, and struck out heading and text of former subpar.
    (B). Text read as follows: "The oxygen content of the gasoline
    shall equal or exceed 2.0 percent by weight (subject to a testing
    tolerance established by the Administrator) except as otherwise
    required by this chapter. The Administrator may waive, in whole or
    in part, the application of this subparagraph for any ozone
    nonattainment area upon a determination by the Administrator that
    compliance with such requirement would prevent or interfere with
    the attainment by the area of a national primary ambient air
    quality standard."
      Subsec. (k)(3)(A)(v). Pub. L. 109-58, Sec. 1504(a)(1)(B), struck
    out heading and text of cl. (v). Text read as follows: "The oxygen
    content of the reformulated gasoline shall equal or exceed 2.0
    percent by weight (subject to a testing tolerance established by
    the Administrator) except as otherwise required by this chapter."
      Subsec. (k)(6). Pub. L. 109-58, Sec. 1507, redesignated subpars.
    (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A),
    inserted subpar. and cl. headings, in cl. (ii) substituted "clause
    (i)" for "subparagraph (A)" and "this subparagraph" for "this
    paragraph", and added subpar. (B).
      Subsec. (k)(7)(A). Pub. L. 109-58, Sec. 1504(a)(1)(C)(i),
    redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and
    struck out former cl. (i) which read as follows: "has an oxygen
    content (by weight) that exceeds the minimum oxygen content
    specified in paragraph (2);".
      Subsec. (k)(7)(C)(ii), (iii). Pub. L. 109-58, Sec.
    1504(a)(1)(C)(ii), redesignated cl. (iii) as (ii) and struck out
    former cl. (ii) which read as follows: "An average gasoline oxygen
    content (by weight) for the nonattainment area (taking into account
    all gasoline sold for use in conventional gasoline-fueled vehicles
    in the nonattainment area) lower than the average gasoline oxygen
    content (by weight) that would occur in the absence of using any
    such credits."
      Subsec. (o). Pub. L. 109-58, Sec. 1501(a)(2), added subsec. (o).
    Former subsec. (o) redesignated (r) relating to fuel and fuel
    additive importers and importation.
      Subsec. (q). Pub. L. 109-58, Sec. 1506, which directed amendment
    of this section by adding subsec. (q) after subsec. (p), was
    executed by making the addition after subsec. (o) to reflect the
    probable intent of Congress.
      Subsec. (r). Pub. L. 109-58, Sec. 1512, added subsec. (r)
    relating to conversion assistance for cellulosic biomass, waste-
    derived ethanol, approved renewable fuels.
      Pub. L. 109-58, Sec. 1501(a)(1), redesignated subsec. (o) as (r)
    relating to fuel and fuel additive importers and importation.
      Subsec. (s). Pub. L. 109-58, Sec. 1513, added subsec. (s).
      1990 - Subsec. (a). Pub. L. 101-549, Sec. 212, inserted
    "(including any fuel or fuel additive used exclusively in nonroad
    engines or nonroad vehicles)" after "fuel or fuel additive".
      Subsecs. (b)(2)(B), (c)(1). Pub. L. 101-549, Sec. 212(b), (c),
    inserted reference to nonroad engine or nonroad vehicle.
      Subsec. (c)(4)(A). Pub. L. 101-549, Sec. 213(a), substituted "any
    characteristic or component of a" for "use of a", inserted "of the
    characteristic or component of a fuel or fuel additive" after
    "control or prohibition" in cl. (i), and inserted "characteristic
    or component of a" after "such" in cl. (ii).
      Subsec. (c)(4)(C). Pub. L. 101-549, Sec. 213(b), inserted last
    two sentences, authorizing Administrator to make a finding that
    State control or prohibition is necessary to achieve the standard.
      Subsec. (d). Pub. L. 101-549, Sec. 228(d), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "Any
    person who violates subsection (a) or (f) of this section or the
    regulations prescribed under subsection (c) of this section or who
    fails to furnish any information required by the Administrator
    under subsection (b) of this section shall forfeit and pay to the
    United States a civil penalty of $10,000 for each and every day of
    the continuance of such violation, which shall accrue to the United
    States and be recovered in a civil suit in the name of the United
    States, brought in the district where such person has his principal
    office or in any district in which he does business. The
    Administrator may, upon application therefor, remit or mitigate any
    forfeiture provided for in this subsection and he shall have
    authority to determine the facts upon all such applications."
      Subsec. (f)(1). Pub. L. 101-549, Sec. 214(a), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (f)(3). Pub. L. 101-549, Sec. 214(b), substituted
    reference to paragraph (1)(A) for reference to paragraph (1).
      Subsec. (g). Pub. L. 101-549, Sec. 215, amended subsec. (g)
    generally, substituting present provisions for provisions which
    defined "gasoline", "refinery", and "small refinery" and which
    limited Administrator's authority to require small refineries to
    reduce average lead content per gallon of gasoline.
      Subsec. (h). Pub. L. 101-549, Sec. 216, added subsec. (h).
      Subsec. (i). Pub. L. 101-549, Sec. 217, added subsec. (i).
      Subsec. (j). Pub. L. 101-549, Sec. 218(a), added subsec. (j).
      Subsecs. (k) to (m). Pub. L. 101-549, Sec. 219, added subsecs.
    (k) to (m).
      Subsec. (n). Pub. L. 101-549, Sec. 220, added subsec. (n).
      Subsec. (o). Pub. L. 101-549, Sec. 221, added subsec. (o).
      1977 - Subsec. (c)(1)(A). Pub. L. 95-95, Sec. 401(e), substituted
    "if in the judgment of the Administrator any emission product of
    such fuel or fuel additive causes, or contributes, to air pollution
    which may reasonably be anticipated to endanger" for "if any
    emission products of such fuel or fuel additive will endanger".
      Subsec. (d). Pub. L. 95-95, Sec. 222(b), inserted "or (f)" after
    "Any person who violates subsection (a)".
      Subsecs. (e), (f). Pub. L. 95-95, Sec. 222(a), added subsecs. (e)
    and (f).
      Subsec. (f)(2). Pub. L. 95-190, Sec. 14(a)(73), inserted
    provision relating to waiver under par. (4) of this subsec., and
    struck out "first" before "introduce".
      Subsec. (f)(4). Pub. L. 95-190, Sec. 14(a)(74), inserted
    provision relating to applicability of limitation specified under
    par. (2) of this subsection.
      Subsec. (g). Pub. L. 95-95, Sec. 223, added subsec. (g).
      1971 - Subsec. (c)(3)(A). Pub. L. 92-157, Sec. 302(d),
    substituted "purpose of obtaining" for "purpose of".
      Subsec. (d). Pub. L. 92-157, Sec. 302(e), substituted "subsection
    (b)" for "subsection (c)" where appearing the second time.
      1970 - Subsec. (a). Pub. L. 91-604, Sec. 9(a), substituted
    "Administrator" for "Secretary" as the registering authority,
    inserted references to fuel additives, and substituted the selling,
    offering for sale, and introduction into commerce of fuel or fuel
    additives, for the delivery for introduction into interstate
    commerce or delivery to another person who can reasonably be
    expected to deliver fuel into interstate commerce.
      Subsec. (b). Pub. L. 91-604, Sec. 9(a), designated existing
    provisions as pars. (1) and (3), added par. (2), and substituted
    "Administrator" for "Secretary" wherever appearing.
      Subsec. (c). Pub. L. 91-604, Sec. 9(a), substituted provisions
    covering the control or prohibition of offending fuels and fuel
    additives, for provisions covering trade secrets and substituted
    "Administrator" for "Secretary" wherever appearing.
      Subsec. (d). Pub. L. 91-604, Sec. 9(a), inserted references to
    failure to obey regulations prescribed under subsec. (c) and
    failure to furnish information required by the Administrator under
    subsec. (c), increased the daily civil penalty from $1,000 to
    $10,000 and substituted "Administrator" for "Secretary".
      Subsec. (e). Pub. L. 91-604, Sec. 9(a), struck out subsec. (e)
    which directed the various United States Attorneys to prosecute for
    the recovery of forfeitures.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title XV, Sec. 1504(a)(2), Aug. 8, 2005, 119
    Stat. 1077, provided that: "The amendments made by paragraph (1)
    [amending this section] apply - 
        "(A) in the case of a State that has received a waiver under
      section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)),
      beginning on the date of enactment of this Act [Aug. 8, 2005];
      and
        "(B) in the case of any other State, beginning 270 days after
      the date of enactment of this Act [Aug. 8, 2005]."

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                                  SAVINGS                              
      Pub. L. 109-58, title XV, Sec. 1504(d), Aug. 8, 2005, 119 Stat.
    1079, provided that:
      "(1) In general. - Nothing in this section [amending this section
    and enacting provisions set out as notes under this section] or any
    amendment made by this section affects or prejudices any legal
    claim or action with respect to regulations promulgated by the
    Administrator [of the Environmental Protection Agency] before the
    date of enactment of this Act [Aug. 8, 2005] regarding - 
        "(A) emissions of toxic air pollutants from motor vehicles; or
        "(B) the adjustment of standards applicable to a specific
      refinery or importer made under those regulations.
      "(2) Adjustment of standards. - 
        "(A) Applicability. - The Administrator may apply any
      adjustments to the standards applicable to a refinery or importer
      under subparagraph (B)(iii)(I) of section 211(k)(1) of the Clean
      Air Act [42 U.S.C. 7545(k)(1)(B)(iii)(I)] (as added by subsection
      (b)(2)), except that - 
          "(i) the Administrator shall revise the adjustments to be
        based only on calendar years 1999 and 2000;
          "(ii) any such adjustment shall not be made at a level below
        the average percentage of reductions of emissions of toxic air
        pollutants for reformulated gasoline supplied to PADD I during
        calendar years 1999 and 2000; and
          "(iii) in the case of an adjustment based on toxic air
        pollutant emissions from reformulated gasoline significantly
        below the national annual average emissions of toxic air
        pollutants from all reformulated gasoline - 
            "(I) the Administrator may revise the adjustment to take
          account of the scope of the prohibition on methyl tertiary
          butyl ether imposed by a State; and
            "(II) any such adjustment shall require the refiner or
          importer, to the maximum extent practicable, to maintain the
          reduction achieved during calendar years 1999 and 2000 in the
          average annual aggregate emissions of toxic air pollutants
          from reformulated gasoline produced or distributed by the
          refiner or importer."

                      SURVEY OF RENEWABLE FUEL MARKET                  
      Pub. L. 109-58, title XV, Sec. 1501(d), Aug. 8, 2005, 119 Stat.
    1075, provided that:
      "(1) Survey and report. - Not later than December 1, 2006, and
    annually thereafter, the Administrator of the Environmental
    Protection Agency (in consultation with the Secretary [of Energy]
    acting through the Administrator of the Energy Information
    Administration) shall - 
        "(A) conduct, with respect to each conventional gasoline use
      area and each reformulated gasoline use area in each State, a
      survey to determine the market shares of - 
          "(i) conventional gasoline containing ethanol;
          "(ii) reformulated gasoline containing ethanol;
          "(iii) conventional gasoline containing renewable fuel; and
          "(iv) reformulated gasoline containing renewable fuel; and
        "(B) submit to Congress, and make publicly available, a report
      on the results of the survey under subparagraph (A).
      "(2) Recordkeeping and reporting requirements. - The
    Administrator of the Environmental Protection Agency (hereinafter
    in this subsection referred to as the 'Administrator') may require
    any refiner, blender, or importer to keep such records and make
    such reports as are necessary to ensure that the survey conducted
    under paragraph (1) is accurate. The Administrator, to avoid
    duplicative requirements, shall rely, to the extent practicable, on
    existing reporting and recordkeeping requirements and other
    information available to the Administrator including gasoline
    distribution patterns that include multistate use areas.
      "(3) Applicable law. - Activities carried out under this
    subsection shall be conducted in a manner designed to protect
    confidentiality of individual responses."

                                 FINDINGS                             
      Pub. L. 109-58, title XV, Sec. 1502, Aug. 8, 2005, 119 Stat.
    1076, provided that: "Congress finds that - 
        "(1) since 1979, methyl tertiary butyl ether (hereinafter in
      this section referred to as 'MTBE') has been used nationwide at
      low levels in gasoline to replace lead as an octane booster or
      anti-knocking agent;
        "(2) Public Law 101-549 (commonly known as the 'Clean Air Act
      Amendments of 1990') (42 U.S.C. 7401 et seq.) [see Tables for
      classification] established a fuel oxygenate standard under which
      reformulated gasoline must contain at least 2 percent oxygen by
      weight; and
        "(3) the fuel industry responded to the fuel oxygenate standard
      established by Public Law 101-549 by making substantial
      investments in - 
          "(A) MTBE production capacity; and
          "(B) systems to deliver MTBE-containing gasoline to the
        marketplace."

                     CLAIMS FILED AFTER AUGUST 8, 2005                 
      Pub. L. 109-58, title XV, Sec. 1503, Aug. 8, 2005, 119 Stat.
    1076, provided that: "Claims and legal actions filed after the date
    of enactment of this Act [Aug. 8, 2005] related to allegations
    involving actual or threatened contamination of methyl tertiary
    butyl ether (MTBE) may be removed to the appropriate United States
    district court."

              FINDINGS AND SENSE OF CONGRESS ON ETHANOL USAGE          
      Pub. L. 100-203, title I, Sec. 1508, Dec. 22, 1987, 101 Stat.
    1330-29, provided that:
      "(a) Findings. - Congress finds that - 
        "(1) the United States is dependent for a large and growing
      share of its energy needs on the Middle East at a time when world
      petroleum reserves are declining;
        "(2) the burning of gasoline causes pollution;
        "(3) ethanol can be blended with gasoline to produce a cleaner
      source of fuel;
        "(4) ethanol can be produced from grain, a renewable resource
      that is in considerable surplus in the United States;
        "(5) the conversion of grain into ethanol would reduce farm
      program costs and grain surpluses; and
        "(6) increasing the quantity of motor fuels that contain at
      least 10 percent ethanol from current levels to 50 percent by
      1992 would create thousands of new jobs in ethanol production
      facilities.
      "(b) Sense of Congress. - It is the sense of Congress that the
    Administrator of the Environmental Protection Agency should use
    authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.)
    to require greater use of ethanol as motor fuel."

              AGRICULTURAL MACHINERY: STUDY OF UNLEADED FUEL          
      Pub. L. 99-198, title XVII, Sec. 1765, Dec. 23, 1985, 99 Stat.
    1653, directed Administrator of EPA and Secretary of Agriculture
    jointly to conduct a study of use of fuel containing lead
    additives, and alternative lubricating additives, in gasoline
    engines that are used in agricultural machinery, and designed to
    combust fuel containing such additives, study to analyze potential
    for mechanical problems (including but not limited to valve
    recession) that may be associated with use of other fuels in such
    engines, and not later than Jan. 1, 1987, Administrator and
    Secretary to publish results of the study, with Administrator to
    publish in Federal Register notice of publication of such study and
    a summary thereof; directed Administrator, after notice and
    opportunity for hearing, but not later than 6 months after
    publication of the study, to make findings and recommendations on
    need for lead additives in gasoline to be used on a farm for
    farming purposes, including a determination of whether a
    modification of regulations limiting lead content of gasoline would
    be appropriate in the case of gasoline used on a farm for farming
    purposes, and submit to President and Congress a report containing
    the study, a summary of comments received during public hearing
    (including comments of Secretary), and findings and recommendations
    of Administrator made in accordance with clause (1), such report to
    be transmitted named congressional committees; directed
    Administrator between Jan. 1, 1986, and Dec. 31, 1987, to monitor
    actual lead content of leaded gasoline sold in the United States,
    with Administrator to determine average lead content of such
    gasoline for each 3-month period between Jan. 1, 1986, and Dec. 31,
    1987, and if actual lead content falls below an average of 0.2 of a
    gram of lead per gallon in any such 3-month period, to report to
    Congress, and publish a notice thereof in Federal Register;
    provided that until Jan. 1, 1988, no regulation of Administrator
    issued under this section 211 could require an average lead content
    per gallon that is less than 0.1 of a gram per gallon; and
    authorized an appropriation.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "the".

    (!2) So in original. Two cls. (v) have been enacted.

    (!3) So in original. Probably should be section "7625-1".

    (!4) So in original. See References in Text note below.

    (!5) So in original. Probably should be "properly".

    (!6) So in original. Probably should be "as of".

    (!7) So in original. Probably should be section "7550(2)".

    (!8) So in original. No subsec. (p) has been enacted.

    (!9) So in original. Two subsecs. (r) have been enacted.

    (!10) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7546                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7546. Renewable fuel

-STATUTE-
    (a) Definitions
      In this section:
      (1) Municipal solid waste
        The term "municipal solid waste" has the meaning given the term
      "solid waste" in section 6903 of this title.
      (2) RFG State
        The term "RFG State" means a State in which is located one or
      more covered areas (as defined in section 7545(k)(10)(D) of this
      title).
      (3) Secretary
        The term "Secretary" means the Secretary of Energy.
    (b) Cellulosic biomass ethanol and municipal solid waste loan
      guarantee program
      (1) In general
        Funds may be provided for the cost (as defined in the Federal
      Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan
      guarantees issued under title XIV of the Energy Policy Act (!1)
      to carry out commercial demonstration projects for celluosic (!2)
      biomass and sucrose-derived ethanol.

      (2) Demonstration projects
        (A) In general
          The Secretary shall issue loan guarantees under this section
        to carry out not more than 4 projects to commercially
        demonstrate the feasibility and viability of producing
        cellulosic biomass ethanol or sucrose-derived ethanol,
        including at least 1 project that uses cereal straw as a
        feedstock and 1 project that uses municipal solid waste as a
        feedstock.
        (B) Design capacity
          Each project shall have a design capacity to produce at least
        30,000,000 gallons of cellulosic biomass ethanol each year.
      (3) Applicant assurances
        An applicant for a loan guarantee under this section shall
      provide assurances, satisfactory to the Secretary, that - 
          (A) the project design has been validated through the
        operation of a continuous process facility with a cumulative
        output of at least 50,000 gallons of ethanol;
          (B) the project has been subject to a full technical review;
          (C) the project is covered by adequate project performance
        guarantees;
          (D) the project, with the loan guarantee, is economically
        viable; and
          (E) there is a reasonable assurance of repayment of the
        guaranteed loan.
      (4) Limitations
        (A) Maximum guarantee
          Except as provided in subparagraph (B), a loan guarantee
        under this section may be issued for up to 80 percent of the
        estimated cost of a project, but may not exceed $250,000,000
        for a project.
        (B) Additional guarantees
          (i) In general
            The Secretary may issue additional loan guarantees for a
          project to cover up to 80 percent of the excess of actual
          project cost over estimated project cost but not to exceed 15
          percent of the amount of the original guarantee.
          (ii) Principal and interest
            Subject to subparagraph (A), the Secretary shall guarantee
          100 percent of the principal and interest of a loan made
          under subparagraph (A).
      (5) Equity contributions
        To be eligible for a loan guarantee under this section, an
      applicant for the loan guarantee shall have binding commitments
      from equity investors to provide an initial equity contribution
      of at least 20 percent of the total project cost.
      (6) Insufficient amounts
        If the amount made available to carry out this section is
      insufficient to allow the Secretary to make loan guarantees for 3
      projects described in subsection (b) of this section, the
      Secretary shall issue loan guarantees for one or more qualifying
      projects under this section in the order in which the
      applications for the projects are received by the Secretary.
      (7) Approval
        An application for a loan guarantee under this section shall be
      approved or disapproved by the Secretary not later than 90 days
      after the application is received by the Secretary.
    (c) Authorization of appropriations for resource center
      There is authorized to be appropriated, for a resource center to
    further develop bioconversion technology using low-cost biomass for
    the production of ethanol at the Center for Biomass-Based Energy at
    the Mississippi State University and the Oklahoma State University,
    $4,000,000 for each of fiscal years 2005 through 2007.
    (d) Renewable fuel production research and development grants
      (1) In general
        The Administrator shall provide grants for the research into,
      and development and implementation of, renewable fuel production
      technologies in RFG States with low rates of ethanol production,
      including low rates of production of cellulosic biomass ethanol.
      (2) Eligibility
        (A) In general
          The entities eligible to receive a grant under this
        subsection are academic institutions in RFG States, and
        consortia made up of combinations of academic institutions,
        industry, State government agencies, or local government
        agencies in RFG States, that have proven experience and
        capabilities with relevant technologies.
        (B) Application
          To be eligible to receive a grant under this subsection, an
        eligible entity shall submit to the Administrator an
        application in such manner and form, and accompanied by such
        information, as the Administrator may specify.
      (3) Authorization of appropriations
        There is authorized to be appropriated to carry out this
      subsection $25,000,000 for each of fiscal years 2006 through
      2010.
    (e) Cellulosic biomass ethanol conversion assistance
      (1) In general
        The Secretary may provide grants to merchant producers of
      cellulosic biomass ethanol in the United States to assist the
      producers in building eligible production facilities described in
      paragraph (2) for the production of cellulosic biomass ethanol.
      (2) Eligible production facilities
        A production facility shall be eligible to receive a grant
      under this subsection if the production facility - 
          (A) is located in the United States; and
          (B) uses cellulosic biomass feedstocks derived from
        agricultural residues or municipal solid waste.
      (3) Authorization of appropriations
        There is authorized to be appropriated to carry out this
      subsection - 
          (A) $250,000,000 for fiscal year 2006; and
          (B) $400,000,000 for fiscal year 2007.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 212, as added Pub. L. 109-
    58, title XV, Sec. 1511, Aug. 8, 2005, 119 Stat. 1086.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Credit Reform Act of 1990, referred to in subsec.
    (b)(1), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,
    title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, as
    amended, which is classified generally to subchapter III (Sec. 661
    et seq.) of chapter 17A of Title 2, The Congress. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 621 of Title 2 and Tables.
      The Energy Policy Act, referred to in subsec. (b)(1), probably
    means the Energy Policy Act of 2005, Pub. L. 109-58, Aug. 8, 2005,
    119 Stat. 594. Title XIV of the Act probably should be a reference
    to title XV of the Act which relates to ethanol and motor fuels and
    enacted subchapter XIV (Sec. 16501 et seq.) of chapter 149 of this
    title and sections 6991i to 6991m and 7546 of this title, amended
    sections 6991 to 6991f, 6991h, 1991i, 7135, 7545, and 13220 of this
    title, and enacted provisions set out as notes under section 7545
    of this title. Title XIV of the Act, which contains miscellaneous
    provisions, is classified principally to subchapter XIII (Sec.
    16491 et seq.) of chapter 149 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 15801 of this title and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7546, act July 14, 1955, ch. 360, title II, Sec.
    212, as added Dec. 31, 1970, Pub. L. 91-604, Sec. 10(c), 84 Stat.
    1700; amended Dec. 31, 1970, Pub. L. 91-605, Sec. 202(a), 84 Stat.
    1739; Apr. 9, 1973, Pub. L. 93-15, Sec. 1(b), 87 Stat. 11; June 22,
    1974, Pub. L. 93-319, Sec. 13(b), 88 Stat. 265, related to low-
    emission vehicles, prior to repeal by Pub. L. 101-549, title II,
    Sec. 230(10), Nov. 15, 1990, 104 Stat. 2529.
      A prior section 212 of act July 14, 1955, was renumbered section
    213 by Pub. L. 91-604, renumbered section 214 by Pub. L. 93-319,
    and renumbered section 216 by Pub. L. 95-95, and is classified to
    section 7550 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original.

-End-

-CITE-
    42 USC Sec. 7547                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7547. Nonroad engines and vehicles

-STATUTE-
    (a) Emissions standards
      (1) The Administrator shall conduct a study of emissions from
    nonroad engines and nonroad vehicles (other than locomotives or
    engines used in locomotives) to determine if such emissions cause,
    or significantly contribute to, air pollution which may reasonably
    be anticipated to endanger public health or welfare. Such study
    shall be completed within 12 months of November 15, 1990.
      (2) After notice and opportunity for public hearing, the
    Administrator shall determine within 12 months after completion of
    the study under paragraph (1), based upon the results of such
    study, whether emissions of carbon monoxide, oxides of nitrogen,
    and volatile organic compounds from new and existing nonroad
    engines or nonroad vehicles (other than locomotives or engines used
    in locomotives) are significant contributors to ozone or carbon
    monoxide concentrations in more than 1 area which has failed to
    attain the national ambient air quality standards for ozone or
    carbon monoxide. Such determination shall be included in the
    regulations under paragraph (3).
      (3) If the Administrator makes an affirmative determination under
    paragraph (2) the Administrator shall, within 12 months after
    completion of the study under paragraph (1), promulgate (and from
    time to time revise) regulations containing standards applicable to
    emissions from those classes or categories of new nonroad engines
    and new nonroad vehicles (other than locomotives or engines used in
    locomotives) which in the Administrator's judgment cause, or
    contribute to, such air pollution. Such standards shall achieve the
    greatest degree of emission reduction achievable through the
    application of technology which the Administrator determines will
    be available for the engines or vehicles to which such standards
    apply, giving appropriate consideration to the cost of applying
    such technology within the period of time available to
    manufacturers and to noise, energy, and safety factors associated
    with the application of such technology. In determining what degree
    of reduction will be available, the Administrator shall first
    consider standards equivalent in stringency to standards for
    comparable motor vehicles or engines (if any) regulated under
    section 7521 of this title, taking into account the technological
    feasibility, costs, safety, noise, and energy factors associated
    with achieving, as appropriate, standards of such stringency and
    lead time. The regulations shall apply to the useful life of the
    engines or vehicles (as determined by the Administrator).
      (4) If the Administrator determines that any emissions not
    referred to in paragraph (2) from new nonroad engines or vehicles
    significantly contribute to air pollution which may reasonably be
    anticipated to endanger public health or welfare, the Administrator
    may promulgate (and from time to time revise) such regulations as
    the Administrator deems appropriate containing standards applicable
    to emissions from those classes or categories of new nonroad
    engines and new nonroad vehicles (other than locomotives or engines
    used in locomotives) which in the Administrator's judgment cause,
    or contribute to, such air pollution, taking into account costs,
    noise, safety, and energy factors associated with the application
    of technology which the Administrator determines will be available
    for the engines and vehicles to which such standards apply. The
    regulations shall apply to the useful life of the engines or
    vehicles (as determined by the Administrator).
      (5) Within 5 years after November 15, 1990, the Administrator
    shall promulgate regulations containing standards applicable to
    emissions from new locomotives and new engines used in locomotives.
    Such standards shall achieve the greatest degree of emission
    reduction achievable through the application of technology which
    the Administrator determines will be available for the locomotives
    or engines to which such standards apply, giving appropriate
    consideration to the cost of applying such technology within the
    period of time available to manufacturers and to noise, energy, and
    safety factors associated with the application of such technology.
    (b) Effective date
      Standards under this section shall take effect at the earliest
    possible date considering the lead time necessary to permit the
    development and application of the requisite technology, giving
    appropriate consideration to the cost of compliance within such
    period and energy and safety.
    (c) Safe controls
      Effective with respect to new engines or vehicles to which
    standards under this section apply, no emission control device,
    system, or element of design shall be used in such a new nonroad
    engine or new nonroad vehicle for purposes of complying with such
    standards if such device, system, or element of design will cause
    or contribute to an unreasonable risk to public health, welfare, or
    safety in its operation or function. In determining whether an
    unreasonable risk exists, the Administrator shall consider factors
    including those described in section 7521(a)(4)(B) of this title.
    (d) Enforcement
      The standards under this section shall be subject to sections
    7525, 7541, 7542, and 7543 of this title, with such modifications
    of the applicable regulations implementing such sections as the
    Administrator deems appropriate, and shall be enforced in the same
    manner as standards prescribed under section 7521 of this title.
    The Administrator shall revise or promulgate regulations as may be
    necessary to determine compliance with, and enforce, standards in
    effect under this section.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 213, as added Pub. L. 93-
    319, Sec. 10, June 22, 1974, 88 Stat. 261; amended Pub. L. 101-
    549, title II, Sec. 222(a), Nov. 15, 1990, 104 Stat. 2500.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-6f of this
    title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 213 of act July 14, 1955, was renumbered section
    214 by Pub. L. 93-319 and renumbered section 216 by Pub. L. 95-95,
    and is classified to section 7550 of this title.

                                AMENDMENTS                            
      1990 - Pub. L. 101-549 amended section generally, substituting
    present provisions for provisions requiring Administrator and
    Secretary of Transportation to conduct study on fuel economy
    improvement for new motor vehicles manufactured during and after
    model year 1980.

           REGULATIONS RELATING TO STANDARDS TO REDUCE EMISSIONS       
      Pub. L. 108-199, div. G, title IV, Sec. 428(b), Jan. 23, 2004,
    118 Stat. 418, provided that: "Not later than December 1, 2004, the
    Administrator of the Environmental Protection Agency shall propose
    regulations under the Clean Air Act [42 U.S.C. 7401 et seq.] that
    shall contain standards to reduce emissions from new nonroad spark-
    ignition engines smaller than 50 horsepower. Not later than
    December 31, 2005, the Administrator shall publish in the Federal
    Register final regulations containing such standards."

-End-

-CITE-
    42 USC Sec. 7548                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7548. Study of particulate emissions from motor vehicles

-STATUTE-
    (a) Study and analysis
      (1) The Administrator shall conduct a study concerning the
    effects on health and welfare of particulate emissions from motor
    vehicles or motor vehicle engines to which section 7521 of this
    title applies. Such study shall characterize and quantify such
    emissions and analyze the relationship of such emissions to various
    fuels and fuel additives.
      (2) The study shall also include an analysis of particulate
    emissions from mobile sources which are not related to engine
    emissions (including, but not limited to tire debris, and asbestos
    from brake lining).
    (b) Report to Congress
      The Administrator shall report to the Congress the findings and
    results of the study conducted under subsection (a) of this section
    not later than two years after August 7, 1977. Such report shall
    also include recommendations for standards or methods to regulate
    particulate emissions described in paragraph (2) of subsection (a)
    of this section.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 214, as added Pub. L. 95-
    95, title II, Sec. 224(d), Aug. 7, 1977, 91 Stat. 767.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 214 of act July 14, 1955, was renumbered section
    216 by Pub. L. 95-95 and is classified to section 7550 of this
    title.

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

                   STUDY ON SUSPENDED PARTICULATE MATTER               
      Section 403(a) of Pub. L. 95-95 directed Administrator of EPA,
    not later than 18 months after Aug. 7, 1977, in cooperation with
    National Academy of Sciences, to study and report to Congress on
    relationship between size, weight, and chemical composition of
    suspended particulate matter and nature and degree of endangerment
    to public health or welfare presented by such particulate matter
    and availability of technology for controlling such particulate
    matter.

-End-

-CITE-
    42 USC Sec. 7549                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7549. High altitude performance adjustments

-STATUTE-
    (a) Instruction of the manufacturer
      (1) Any action taken with respect to any element of design
    installed on or in a motor vehicle or motor vehicle engine in
    compliance with regulations under this subchapter (including any
    alteration or adjustment of such element), shall be treated as not
    in violation of section 7522(a) of this title if such action is
    performed in accordance with high altitude adjustment instructions
    provided by the manufacturer under subsection (b) of this section
    and approved by the Administrator.
      (2) If the Administrator finds that adjustments or modifications
    made pursuant to instructions of the manufacturer under paragraph
    (1) will not insure emission control performance with respect to
    each standard under section 7521 of this title at least equivalent
    to that which would result if no such adjustments or modifications
    were made, he shall disapprove such instructions. Such finding
    shall be based upon minimum engineering evaluations consistent with
    good engineering practice.
    (b) Regulations
      (1) Instructions respecting each class or category of vehicles or
    engines to which this subchapter applies providing for such vehicle
    and engine adjustments and modifications as may be necessary to
    insure emission control performance at different altitudes shall be
    submitted by the manufacturer to the Administrator pursuant to
    regulations promulgated by the Administrator.
      (2) Any knowing violation by a manufacturer of requirements of
    the Administrator under paragraph (1) shall be treated as a
    violation by such manufacturer of section 7522(a)(3) of this title
    for purposes of the penalties contained in section 7524 of this
    title.
      (3) Such instructions shall provide, in addition to other
    adjustments, for adjustments for vehicles moving from high altitude
    areas to low altitude areas after the initial registration of such
    vehicles.
    (c) Manufacturer parts
      No instructions under this section respecting adjustments or
    modifications may require the use of any manufacturer parts (as
    defined in section 7522(a) of this title) unless the manufacturer
    demonstrates to the satisfaction of the Administrator that the use
    of such manufacturer parts is necessary to insure emission control
    performance.
    (d) State inspection and maintenance programs
      Before January 1, 1981 the authority provided by this section
    shall be available in any high altitude State (as determined under
    regulations of the Administrator under regulations promulgated
    before August 7, 1977) but after December 31, 1980, such authority
    shall be available only in any such State in which an inspection
    and maintenance program for the testing of motor vehicle emissions
    has been instituted for the portions of the State where any
    national ambient air quality standard for auto-related pollutants
    has not been attained.
    (e) High altitude testing
      (1) The Administrator shall promptly establish at least one
    testing center (in addition to the testing centers existing on
    November 15, 1990) located at a site that represents high altitude
    conditions, to ascertain in a reasonable manner whether, when in
    actual use throughout their useful life (as determined under
    section 7521(d) of this title), each class or category of vehicle
    and engines to which regulations under section 7521 of this title
    apply conforms to the emissions standards established by such
    regulations. For purposes of this subsection, the term "high
    altitude conditions" refers to high altitude as defined in
    regulations of the Administrator in effect as of November 15, 1990.
      (2) The Administrator, in cooperation with the Secretary of
    Energy and the Administrator of the Federal Transit Administration,
    and such other agencies as the Administrator deems appropriate,
    shall establish a research and technology assessment center to
    provide for the development and evaluation of less-polluting heavy-
    duty engines and fuels for use in buses, heavy-duty trucks, and
    non-road engines and vehicles, which shall be located at a high-
    altitude site that represents high-altitude conditions. In
    establishing and funding such a center, the Administrator shall
    give preference to proposals which provide for local cost-sharing
    of facilities and recovery of costs of operation through
    utilization of such facility for the purposes of this section.
      (3) The Administrator shall designate at least one center at high-
    altitude conditions to provide research on after-market emission
    components, dual-fueled vehicles and conversion kits, the effects
    of tampering on emissions equipment, testing of alternate fuels and
    conversion kits, and the development of curricula, training
    courses, and materials to maximize the effectiveness of inspection
    and maintenance programs as they relate to promoting effective
    control of vehicle emissions at high-altitude elevations.
    Preference shall be given to existing vehicle emissions testing and
    research centers that have established reputations for vehicle
    emissions research and development and training, and that possess
    in-house Federal Test Procedure capacity.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 215, as added Pub. L. 95-
    95, title II, Sec. 211(b), Aug. 7, 1977, 91 Stat. 757; amended
    Pub. L. 95-190, Sec. 14(a)(75), Nov. 16, 1977, 91 Stat. 1404; Pub.
    L. 101-549, title II, Sec. 224, Nov. 15, 1990, 104 Stat. 2503; Pub.
    L. 102-240, title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat.
    2088.)

-COD-
                               CODIFICATION                           
      In subsec. (d), "August 7, 1977" substituted for "the date of
    enactment of this Act" to reflect the probable intent of Congress
    that such date of enactment meant the date of enactment of Pub. L.
    95-95.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (e). Pub. L. 101-549 added subsec. (e).
      1977 - Subsec. (d). Pub. L. 95-190 substituted "December 31,
    1980" for "December 31, 1981".

-CHANGE-
                              CHANGE OF NAME                          
      "Federal Transit Administration" substituted for "Urban Mass
    Transit Administration" in subsec. (e)(2) pursuant to section
    3004(a) of Pub. L. 102-240, set out as a note under section 107 of
    Title 49, Transportation.

-MISC2-
                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-End-

-CITE-
    42 USC Sec. 7550                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7550. Definitions

-STATUTE-
      As used in this part - 
        (1) The term "manufacturer" as used in sections 7521, 7522,
      7525, 7541, and 7542 of this title means any person engaged in
      the manufacturing or assembling of new motor vehicles, new motor
      vehicle engines, new nonroad vehicles or new nonroad engines, or
      importing such vehicles or engines for resale, or who acts for
      and is under the control of any such person in connection with
      the distribution of new motor vehicles, new motor vehicle
      engines, new nonroad vehicles or new nonroad engines, but shall
      not include any dealer with respect to new motor vehicles, new
      motor vehicle engines, new nonroad vehicles or new nonroad
      engines received by him in commerce.
        (2) The term "motor vehicle" means any self-propelled vehicle
      designed for transporting persons or property on a street or
      highway.
        (3) Except with respect to vehicles or engines imported or
      offered for importation, the term "new motor vehicle" means a
      motor vehicle the equitable or legal title to which has never
      been transferred to an ultimate purchaser; and the term "new
      motor vehicle engine" means an engine in a new motor vehicle or a
      motor vehicle engine the equitable or legal title to which has
      never been transferred to the ultimate purchaser; and with
      respect to imported vehicles or engines, such terms mean a motor
      vehicle and engine, respectively, manufactured after the
      effective date of a regulation issued under section 7521 of this
      title which is applicable to such vehicle or engine (or which
      would be applicable to such vehicle or engine had it been
      manufactured for importation into the United States).
        (4) The term "dealer" means any person who is engaged in the
      sale or the distribution of new motor vehicles or new motor
      vehicle engines to the ultimate purchaser.
        (5) The term "ultimate purchaser" means, with respect to any
      new motor vehicle or new motor vehicle engine, the first person
      who in good faith purchases such new motor vehicle or new engine
      for purposes other than resale.
        (6) The term "commerce" means (A) commerce between any place in
      any State and any place outside thereof; and (B) commerce wholly
      within the District of Columbia.
        (7) Vehicle curb weight, gross vehicle weight rating, light-
      duty truck, light-duty vehicle, and loaded vehicle weight. - The
      terms "vehicle curb weight", "gross vehicle weight rating"
      (GVWR), "light-duty truck" (LDT), light-duty vehicle,(!1) and
      "loaded vehicle weight" (LVW) have the meaning provided in
      regulations promulgated by the Administrator and in effect as of
      November 15, 1990. The abbreviations in parentheses corresponding
      to any term referred to in this paragraph shall have the same
      meaning as the corresponding term.

        (8) Test weight. - The term "test weight" and the abbreviation
      "tw" mean the vehicle curb weight added to the gross vehicle
      weight rating (gvwr) and divided by 2.
        (9) Motor vehicle or engine part manufacturer. - The term
      "motor vehicle or engine part manufacturer" as used in sections
      7541 and 7542 of this title means any person engaged in the
      manufacturing, assembling or rebuilding of any device, system,
      part, component or element of design which is installed in or on
      motor vehicles or motor vehicle engines.
        (10) Nonroad engine. - The term "nonroad engine" means an
      internal combustion engine (including the fuel system) that is
      not used in a motor vehicle or a vehicle used solely for
      competition, or that is not subject to standards promulgated
      under section 7411 of this title or section 7521 of this title.
        (11) Nonroad vehicle. - The term "nonroad vehicle" means a
      vehicle that is powered by a nonroad engine and that is not a
      motor vehicle or a vehicle used solely for competition.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 216, formerly Sec. 208, as
    added Pub. L. 89-272, title I, Sec. 101(8), Oct. 20, 1965, 79 Stat.
    994; renumbered Sec. 212, and amended Pub. L. 90-148, Sec. 2, Nov.
    21, 1967, 81 Stat. 503; renumbered Sec. 213, and amended Pub. L. 91-
    604, Secs. 8(a), 10(d), 11(a)(2)(A), Dec. 31, 1970, 84 Stat. 1694,
    1703, 1705; renumbered Sec. 214, Pub. L. 93-319, Sec. 10, June 22,
    1974, 88 Stat. 261; renumbered Sec. 216, Pub. L. 95-95, title II,
    Sec. 224(d), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101-549, title II,
    Sec. 223, Nov. 15, 1990, 104 Stat. 2503.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-7 of this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Par. (1). Pub. L. 101-549, Sec. 223(b), inserted
    references to new nonroad vehicles or new nonroad engines.
      Pars. (7) to (11). Pub. L. 101-549, Sec. 223(a), added pars. (7)
    to (11).
      1970 - Pub. L. 91-604, Sec. 11(a)(2)(A), substituted "part" for
    "subchapter".
      Par. (1). Pub. L. 91-604, Sec. 10(d)(1), inserted reference to
    section 7521 of this title.
      Par. (3). Pub. L. 91-604, Sec. 10(d)(2), inserted provisions
    which defined such terms with respect to imported vehicles or
    engines.
      1967 - Pub. L. 90-148 inserted "as used in sections 7522, 7525,
    7541, and 7542 of this title" after "manufacturer" in par. (1).

-FOOTNOTE-
    (!1) So in original. Probably should be set off by quotation marks.

-End-

-CITE-
    42 USC Sec. 7551                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7551. Omitted

-MISC1-
      Section, Pub. L. 95-95, title II, Sec. 203, Aug. 7, 1977, 91
    Stat. 754; Pub. L. 97-375, title I, Sec. 106(a), Dec. 21, 1982, 96
    Stat. 1820, which required the Administrator of the Environmental
    Protection Agency to report to Congress respecting the motor
    vehicle fuel consumption associated with the standards applicable
    for the immediately preceding model year, terminated, effective May
    15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance. See, also, the 5th item on page 165 of House Document No.
    103-7. Section was enacted as part of the Clean Air Act Amendments
    of 1977, and not as part of the Clean Air Act which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 7552                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7552. Motor vehicle compliance program fees

-STATUTE-
    (a) Fee collection
      Consistent with section 9701 of title 31, the Administrator may
    promulgate (and from time to time revise) regulations establishing
    fees to recover all reasonable costs to the Administrator
    associated with - 
        (1) new vehicle or engine certification under section 7525(a)
      of this title or part C of this subchapter,
        (2) new vehicle or engine compliance monitoring and testing
      under section 7525(b) of this title or part C of this subchapter,
      and
        (3) in-use vehicle or engine compliance monitoring and testing
      under section 7541(c) of this title or part C of this subchapter.

    The Administrator may establish for all foreign and domestic
    manufacturers a fee schedule based on such factors as the
    Administrator finds appropriate and equitable and
    nondiscriminatory, including the number of vehicles or engines
    produced under a certificate of conformity. In the case of heavy-
    duty engine and vehicle manufacturers, such fees shall not exceed
    a reasonable amount to recover an appropriate portion of such
    reasonable costs.
    (b) Special Treasury fund
      Any fees collected under this section shall be deposited in a
    special fund in the United States Treasury for licensing and other
    services which thereafter shall be available for appropriation, to
    remain available until expended, to carry out the Agency's
    activities for which the fees were collected.
    (c) Limitation on fund use
      Moneys in the special fund referred to in subsection (b) of this
    section shall not be used until after the first fiscal year
    commencing after the first July 1 when fees are paid into the fund.
    (d) Administrator's testing authority
      Nothing in this subsection shall be construed to limit the
    Administrator's authority to require manufacturer or confirmatory
    testing as provided in this part.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 217, as added Pub. L. 101-
    549, title II, Sec. 225, Nov. 15, 1990, 104 Stat. 2504.)

-End-

-CITE-
    42 USC Sec. 7553                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7553. Prohibition on production of engines requiring leaded
      gasoline

-STATUTE-
      The Administrator shall promulgate regulations applicable to
    motor vehicle engines and nonroad engines manufactured after model
    year 1992 that prohibit the manufacture, sale, or introduction into
    commerce of any engine that requires leaded gasoline.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 218, as added Pub. L. 101-
    549, title II, Sec. 226, Nov. 15, 1990, 104 Stat. 2505.)

-End-

-CITE-
    42 USC Sec. 7554                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part A - Motor Vehicle Emission and Fuel Standards

-HEAD-
    Sec. 7554. Urban bus standards

-STATUTE-
    (a) Standards for model years after 1993
      Not later than January 1, 1992, the Administrator shall
    promulgate regulations under section 7521(a) of this title
    applicable to urban buses for the model year 1994 and thereafter.
    Such standards shall be based on the best technology that can
    reasonably be anticipated to be available at the time such measures
    are to be implemented, taking costs, safety, energy, lead time, and
    other relevant factors into account. Such regulations shall require
    that such urban buses comply with the provisions of subsection (b)
    of this section (and subsection (c) of this subsection,(!1) if
    applicable) in addition to compliance with the standards applicable
    under section 7521(a) of this title for heavy-duty vehicles of the
    same type and model year.

    (b) PM standard
      (1) 50 percent reduction
        The standards under section 7521(a) of this title applicable to
      urban buses shall require that, effective for the model year 1994
      and thereafter, emissions of particulate matter (PM) from urban
      buses shall not exceed 50 percent of the emissions of particulate
      matter (PM) allowed under the emission standard applicable under
      section 7521(a) of this title as of November 15, 1990, for
      particulate matter (PM) in the case of heavy-duty diesel vehicles
      and engines manufactured in the model year 1994.
      (2) Revised reduction
        The Administrator shall increase the level of emissions of
      particulate matter allowed under the standard referred to in
      paragraph (1) if the Administrator determines that the 50 percent
      reduction referred to in paragraph (1) is not technologically
      achievable, taking into account durability, costs, lead time,
      safety, and other relevant factors. The Administrator may not
      increase such level of emissions above 70 percent of the
      emissions of particulate matter (PM) allowed under the emission
      standard applicable under section 7521(a) of this title as of
      November 15, 1990, for particulate matter (PM) in the case of
      heavy-duty diesel vehicles and engines manufactured in the model
      year 1994.
      (3) Determination as part of rule
        As part of the rulemaking under subsection (a) of this section,
      the Administrator shall make a determination as to whether the 50
      percent reduction referred to in paragraph (1) is technologically
      achievable, taking into account durability, costs, lead time,
      safety, and other relevant factors.
    (c) Low-polluting fuel requirement
      (1) Annual testing
        Beginning with model year 1994 buses, the Administrator shall
      conduct annual tests of a representative sample of operating
      urban buses subject to the particulate matter (PM) standard
      applicable pursuant to subsection (b) of this section to
      determine whether such buses comply with such standard in use
      over their full useful life.
      (2) Promulgation of additional low-polluting fuel requirement
        (A) If the Administrator determines, based on the testing under
      paragraph (1), that urban buses subject to the particulate matter
      (PM) standard applicable pursuant to subsection (b) of this
      section do not comply with such standard in use over their full
      useful life, he shall revise the standards applicable to such
      buses to require (in addition to compliance with the PM standard
      applicable pursuant to subsection (b) of this section) that all
      new urban buses purchased or placed into service by owners or
      operators of urban buses in all metropolitan statistical areas or
      consolidated metropolitan statistical areas with a 1980
      population of 750,000 or more shall be capable of operating, and
      shall be exclusively operated, on low-polluting fuels. The
      Administrator shall establish the pass-fail rate for purposes of
      testing under this subparagraph.
        (B) The Administrator shall promulgate a schedule phasing in
      any low-polluting fuel requirement established pursuant to this
      paragraph to an increasing percentage of new urban buses
      purchased or placed into service in each of the first 5 model
      years commencing 3 years after the determination under
      subparagraph (A). Under such schedule 100 percent of new urban
      buses placed into service in the fifth model year commencing 3
      years after the determination under subparagraph (A) shall comply
      with the low-polluting fuel requirement established pursuant to
      this paragraph.
        (C) The Administrator may extend the requirements of this
      paragraph to metropolitan statistical areas or consolidated
      metropolitan statistical areas with a 1980 population of less
      than 750,000, if the Administrator determines that a significant
      benefit to public health could be expected to result from such
      extension.
    (d) Retrofit requirements
      Not later than 12 months after November 15, 1990, the
    Administrator shall promulgate regulations under section 7521(a) of
    this title requiring that urban buses which - 
        (1) are operating in areas referred to in subparagraph (A) of
      subsection (c)(2) of this section (or subparagraph (C) of
      subsection (c)(2) of this section if the Administrator has taken
      action under that subparagraph);
        (2) were not subject to standards in effect under the
      regulations under subsection (a) of this section; and
        (3) have their engines replaced or rebuilt after January 1,
      1995,

    shall comply with an emissions standard or emissions control
    technology requirement established by the Administrator in such
    regulations. Such emissions standard or emissions control
    technology requirement shall reflect the best retrofit technology
    and maintenance practices reasonably achievable.
    (e) Procedures for administration and enforcement
      The Administrator shall establish, within 18 months after
    November 15, 1990, and in accordance with section 7525(h) of this
    title, procedures for the administration and enforcement of
    standards for buses subject to standards under this section,
    testing procedures, sampling protocols, in-use compliance
    requirements, and criteria governing evaluation of buses.
    Procedures for testing (including, but not limited to,
    certification testing) shall reflect actual operating conditions.
    (f) Definitions
      For purposes of this section - 
      (1) Urban bus
        The term "urban bus" has the meaning provided under regulations
      of the Administrator promulgated under section 7521(a) of this
      title.
      (2) Low-polluting fuel
        The term "low-polluting fuel" means methanol, ethanol, propane,
      or natural gas, or any comparably low-polluting fuel. In
      determining whether a fuel is comparably low-polluting, the
      Administrator shall consider both the level of emissions of air
      pollutants from vehicles using the fuel and the contribution of
      such emissions to ambient levels of air pollutants. For purposes
      of this paragraph, the term "methanol" includes any fuel which
      contains at least 85 percent methanol unless the Administrator
      increases such percentage as he deems appropriate to protect
      public health and welfare.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 219, as added Pub. L. 101-
    549, title II, Sec. 227[(a)], Nov. 15, 1990, 104 Stat. 2505.)

-FOOTNOTE-
    (!1) So in original. Probably should be "section,".

-End-

-CITE-
    42 USC Part B - Aircraft Emission Standards                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part B - Aircraft Emission Standards

-HEAD-
                   PART B - AIRCRAFT EMISSION STANDARDS               

-End-

-CITE-
    42 USC Sec. 7571                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part B - Aircraft Emission Standards

-HEAD-
    Sec. 7571. Establishment of standards

-STATUTE-
    (a) Study; proposed standards; hearings; issuance of regulations
      (1) Within 90 days after December 31, 1970, the Administrator
    shall commence a study and investigation of emissions of air
    pollutants from aircraft in order to determine - 
        (A) the extent to which such emissions affect air quality in
      air quality control regions throughout the United States, and
        (B) the technological feasibility of controlling such
      emissions.

      (2)(A) The Administrator shall, from time to time, issue proposed
    emission standards applicable to the emission of any air pollutant
    from any class or classes of aircraft engines which in his judgment
    causes, or contributes to, air pollution which may reasonably be
    anticipated to endanger public health or welfare.
      (B)(i) The Administrator shall consult with the Administrator of
    the Federal Aviation Administration on aircraft engine emission
    standards.
      (ii) The Administrator shall not change the aircraft engine
    emission standards if such change would significantly increase
    noise and adversely affect safety.
      (3) The Administrator shall hold public hearings with respect to
    such proposed standards. Such hearings shall, to the extent
    practicable, be held in air quality control regions which are most
    seriously affected by aircraft emissions. Within 90 days after the
    issuance of such proposed regulations, he shall issue such
    regulations with such modifications as he deems appropriate. Such
    regulations may be revised from time to time.
    (b) Effective date of regulations
      Any regulation prescribed under this section (and any revision
    thereof) shall take effect after such period as the Administrator
    finds necessary (after consultation with the Secretary of
    Transportation) to permit the development and application of the
    requisite technology, giving appropriate consideration to the cost
    of compliance within such period.
    (c) Regulations which create hazards to aircraft safety
      Any regulations in effect under this section on August 7, 1977,
    or proposed or promulgated thereafter, or amendments thereto, with
    respect to aircraft shall not apply if disapproved by the
    President, after notice and opportunity for public hearing, on the
    basis of a finding by the Secretary of Transportation that any such
    regulation would create a hazard to aircraft safety. Any such
    finding shall include a reasonably specific statement of the basis
    upon which the finding was made.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 231, as added Pub. L. 91-
    604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1703; amended Pub. L.
    95-95, title II, Sec. 225, title IV, Sec. 401(f), Aug. 7, 1977, 91
    Stat. 769, 791; Pub. L. 104-264, title IV, Sec. 406(b), Oct. 9,
    1996, 110 Stat. 3257.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-9 of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-264 designated existing
    provisions as subpar. (A) and added subpar. (B).
      1977 - Subsec. (a)(2). Pub. L. 95-95, Sec. 401(f), substituted
    "The Administrator shall, from time to time, issue proposed
    emission standards applicable to the emission of any air pollutant
    from any class or classes of aircraft engines which in his judgment
    causes, or contributes to, air pollution which may reasonably be
    anticipated to endanger public health or welfare" for "Within 180
    days after commencing such study and investigation, the
    Administrator shall publish a report of such study and
    investigation and shall issue proposed emission standards
    applicable to emissions of any air pollutant from any class or
    classes of aircraft or aircraft engines which in his judgment cause
    or contribute to or are likely to cause or contribute to air
    pollution which endangers the public health or welfare".
      Subsec. (c). Pub. L. 95-95, Sec. 225, substituted "Any
    regulations in effect under this section on August 7, 1977, or
    proposed or promulgated thereafter, or amendments thereto, with
    respect to aircraft shall not apply if disapproved by the
    President, after notice and opportunity for public hearing, on the
    basis of a finding by the Secretary of Transportation that any such
    regulation would create a hazard to aircraft safety" for "Any
    regulations under this section, or amendments thereto, with respect
    to aircraft, shall be prescribed only after consultation with the
    Secretary of Transportation in order to assure appropriate
    consideration for aircraft safety" and inserted provision that
    findings include a reasonably specific statement of the basis upon
    which the finding was made.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of Title 49,
    Transportation.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

          STUDY AND INVESTIGATION OF UNINSTALLED AIRCRAFT ENGINES      
      Pub. L. 101-549, title II, Sec. 233, Nov. 15, 1990, 104 Stat.
    2529, provided that:
      "(a) Study. - The Administrator of the Environmental Protection
    Agency and the Secretary of Transportation, in consultation with
    the Secretary of Defense, shall commence a study and investigation
    of the testing of uninstalled aircraft engines in enclosed test
    cells that shall address at a minimum the following issues and such
    other issues as they shall deem appropriate - 
        "(1) whether technologies exist to control some or all
      emissions of oxides of nitrogen from test cells;
        "(2) the effectiveness of such technologies;
        "(3) the cost of implementing such technologies;
        "(4) whether such technologies affect the safety, design,
      structure, operation, or performance of aircraft engines;
        "(5) whether such technologies impair the effectiveness and
      accuracy of aircraft engine safety design, and performance tests
      conducted in test cells; and
        "(6) the impact of not controlling such oxides of nitrogen in
      the applicable nonattainment areas and on other sources,
      stationary and mobile, on oxides of nitrogen in such areas.
      "(b) Report, Authority To Regulate. - Not later than 24 months
    after enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
    1990], the Administrator of the Environmental Protection Agency and
    the Secretary of Transportation shall submit to Congress a report
    of the study conducted under this section. Following the completion
    of such study, any of the States may adopt or enforce any standard
    for emissions of oxides of nitrogen from test cells only after
    issuing a public notice stating whether such standards are in
    accordance with the findings of the study."

-End-

-CITE-
    42 USC Sec. 7572                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part B - Aircraft Emission Standards

-HEAD-
    Sec. 7572. Enforcement of standards

-STATUTE-
    (a) Regulations to insure compliance with standards
      The Secretary of Transportation, after consultation with the
    Administrator, shall prescribe regulations to insure compliance
    with all standards prescribed under section 7571 of this title by
    the Administrator. The regulations of the Secretary of
    Transportation shall include provisions making such standards
    applicable in the issuance, amendment, modification, suspension, or
    revocation of any certificate authorized by part A of subtitle VII
    of title 49 or the Department of Transportation Act. Such Secretary
    shall insure that all necessary inspections are accomplished,
    and,(!1) may execute any power or duty vested in him by any other
    provision of law in the execution of all powers and duties vested
    in him under this section.

    (b) Notice and appeal rights
      In any action to amend, modify, suspend, or revoke a certificate
    in which violation of an emission standard prescribed under section
    7571 of this title or of a regulation prescribed under subsection
    (a) of this section is at issue, the certificate holder shall have
    the same notice and appeal rights as are prescribed for such
    holders in part A of subtitle VII of title 49 or the Department of
    Transportation Act, except that in any appeal to the National
    Transportation Safety Board, the Board may amend, modify, or revoke
    the order of the Secretary of Transportation only if it finds no
    violation of such standard or regulation and that such amendment,
    modification, or revocation is consistent with safety in air
    transportation.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 232, as added Pub. L. 91-
    604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Department of Transportation Act, referred to in subsecs. (a)
    and (b), is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as
    amended, which was classified principally to sections 1651 to 1660
    of former Title 49, Transportation. The Act was repealed and the
    provisions thereof reenacted in Title 49, Transportation, by Pub.
    L. 97-449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103-272, July
    5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104-
    287, Sec. 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of
    sections of former Title 49, see Table at the beginning of Title
    49.

-COD-
                               CODIFICATION                           
      In subsecs. (a) and (b), "part A of subtitle VII of title 49"
    substituted for "the Federal Aviation Act [49 App. U.S.C. 1301 et
    seq.]" and "the Federal Aviation Act of 1958 [49 App. U.S.C. 1301
    et seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,
    108 Stat. 1378, the first section of which enacted subtitles II,
    III, and V to X of Title 49, Transportation.
      Section was formerly classified to section 1857f-10 of this
    title.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.

-End-

-CITE-
    42 USC Sec. 7573                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part B - Aircraft Emission Standards

-HEAD-
    Sec. 7573. State standards and controls

-STATUTE-
      No State or political subdivision thereof may adopt or attempt to
    enforce any standard respecting emissions of any air pollutant from
    any aircraft or engine thereof unless such standard is identical to
    a standard applicable to such aircraft under this part.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 233, as added Pub. L. 91-
    604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1704.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857f-11 of this
    title.

-End-

-CITE-
    42 USC Sec. 7574                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part B - Aircraft Emission Standards

-HEAD-
    Sec. 7574. Definitions

-STATUTE-
      Terms used in this part (other than Administrator) shall have the
    same meaning as such terms have under section 40102(a) of title 49.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 234, as added Pub. L. 91-
    604, Sec. 11(a)(1), Dec. 31, 1970, 84 Stat. 1705.)

-COD-
                               CODIFICATION                           
      In text, "section 40102(a) of title 49" substituted for "section
    101 of the Federal Aviation Act of 1958" on authority of Pub. L.
    103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section
    of which enacted subtitles II, III, and V to X of Title 49,
    Transportation.
      Section was formerly classified to section 1857f-12 of this
    title.

-End-

-CITE-
    42 USC Part C - Clean Fuel Vehicles                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
                       PART C - CLEAN FUEL VEHICLES                   

-End-

-CITE-
    42 USC Sec. 7581                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7581. Definitions

-STATUTE-
      For purposes of this part - 
      (1) Terms defined in part A
        The definitions applicable to part A under section 7550 of this
      title shall also apply for purposes of this part.
      (2) Clean alternative fuel
        The term "clean alternative fuel" means any fuel (including
      methanol, ethanol, or other alcohols (including any mixture
      thereof containing 85 percent or more by volume of such alcohol
      with gasoline or other fuels), reformulated gasoline, diesel,
      natural gas, liquefied petroleum gas, and hydrogen) or power
      source (including electricity) used in a clean-fuel vehicle that
      complies with the standards and requirements applicable to such
      vehicle under this subchapter when using such fuel or power
      source. In the case of any flexible fuel vehicle or dual fuel
      vehicle, the term "clean alternative fuel" means only a fuel with
      respect to which such vehicle was certified as a clean-fuel
      vehicle meeting the standards applicable to clean-fuel vehicles
      under section 7583(d)(2) of this title when operating on clean
      alternative fuel (or any CARB standards which replaces such
      standards pursuant to section 7583(e) of this title).
      (3) NMOG
        The term nonmethane organic gas ("NMOG") means the sum of
      nonoxygenated and oxygenated hydrocarbons contained in a gas
      sample, including, at a minimum, all oxygenated organic gases
      containing 5 or fewer carbon atoms (i.e., aldehydes, ketones,
      alcohols, ethers, etc.), and all known alkanes, alkenes, alkynes,
      and aromatics containing 12 or fewer carbon atoms. To demonstrate
      compliance with a NMOG standard, NMOG emissions shall be measured
      in accordance with the "California Non-Methane Organic Gas Test
      Procedures". In the case of vehicles using fuels other than base
      gasoline, the level of NMOG emissions shall be adjusted based on
      the reactivity of the emissions relative to vehicles using base
      gasoline.
      (4) Base gasoline
        The term "base gasoline" means gasoline which meets the
      following specifications:

      Specifications of Base Gasoline Used            
        as Basis for Reactivity Readjustment:         
       API gravity                                               57.8 
       Sulfur, ppm                                               317  
       Color                                                    Purple
       Benzene, vol. %                                            1.35
       Reid vapor pressure                                        8.7 
       Drivability                                              1195  
       Antiknock index                                           87.3 
      Distillation, D-86 &#186;<!-- degrees -->F      
       IBP                                                        92  
       10%                                                       126  
       50%                                                       219  
       90%                                                       327  
       EP                                                        414  
      Hydrocarbon Type, Vol. % FIA:                   
       Aromatics                                                 30.9 
       Olefins                                                    8.2 
       Saturates                                                 60.9 

      The Administrator shall modify the definitions of NMOG, base
      gasoline, and the methods for making reactivity adjustments, to
      conform to the definitions and method used in California under
      the Low-Emission Vehicle and Clean Fuel Regulations of the
      California Air Resources Board, so long as the California
      definitions are, in the aggregate, at least as protective of
      public health and welfare as the definitions in this section.
      (5) Covered fleet
        The term "covered fleet" means 10 or more motor vehicles which
      are owned or operated by a single person. In determining the
      number of vehicles owned or operated by a single person for
      purposes of this paragraph, all motor vehicles owned or operated,
      leased or otherwise controlled by such person, by any person who
      controls such person, by any person controlled by such person,
      and by any person under common control with such person shall be
      treated as owned by such person. The term "covered fleet" shall
      not include motor vehicles held for lease or rental to the
      general public, motor vehicles held for sale by motor vehicle
      dealers (including demonstration vehicles), motor vehicles used
      for motor vehicle manufacturer product evaluations or tests, law
      enforcement and other emergency vehicles, or nonroad vehicles
      (including farm and construction vehicles).
      (6) Covered fleet vehicle
        The term "covered fleet vehicle" means only a motor vehicle
      which is - 
          (i) in a vehicle class for which standards are applicable
        under this part; and
          (ii) in a covered fleet which is centrally fueled (or capable
        of being centrally fueled).

      No vehicle which under normal operations is garaged at a personal
      residence at night shall be considered to be a vehicle which is
      capable of being centrally fueled within the meaning of this
      paragraph.
      (7) Clean-fuel vehicle
        The term "clean-fuel vehicle" means a vehicle in a class or
      category of vehicles which has been certified to meet for any
      model year the clean-fuel vehicle standards applicable under this
      part for that model year to clean-fuel vehicles in that class or
      category.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 241, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2511.)

-End-

-CITE-
    42 USC Sec. 7582                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7582. Requirements applicable to clean-fuel vehicles

-STATUTE-
    (a) Promulgation of standards
      Not later than 24 months after November 15, 1990, the
    Administrator shall promulgate regulations under this part
    containing clean-fuel vehicle standards for the clean-fuel vehicles
    specified in this part.
    (b) Other requirements
      Clean-fuel vehicles of up to 8,500 gvwr subject to standards set
    forth in this part shall comply with all motor vehicle requirements
    of this subchapter (such as requirements relating to on-board
    diagnostics, evaporative emissions, etc.) which are applicable to
    conventional gasoline-fueled vehicles of the same category and
    model year, except as provided in section 7584 of this title with
    respect to administration and enforcement, and except to the extent
    that any such requirement is in conflict with the provisions of
    this part. Clean-fuel vehicles of 8,500 gvwr or greater subject to
    standards set forth in this part shall comply with all requirements
    of this subchapter which are applicable in the case of conventional
    gasoline-fueled or diesel fueled vehicles of the same category and
    model year, except as provided in section 7584 of this title with
    respect to administration and enforcement, and except to the extent
    that any such requirement is in conflict with the provisions of
    this part.
    (c) In-use useful life and testing
      (1) In the case of light-duty vehicles and light-duty trucks up
    to 6,000 lbs gvwr, the useful life for purposes of determining in-
    use compliance with the standards under section 7583 of this title
    shall be - 
        (A) a period of 5 years or 50,000 miles (or the equivalent)
      whichever first occurs, in the case of standards applicable for
      purposes of certification at 50,000 miles; and
        (B) a period of 10 years or 100,000 miles (or the equivalent)
      whichever first occurs, in the case of standards applicable for
      purposes of certification at 100,000 miles, except that in-use
      testing shall not be done for a period beyond 7 years or 75,000
      miles (or the equivalent) whichever first occurs.

      (2) In the case of light-duty trucks of more than 6,000 lbs gvwr,
    the useful life for purposes of determining in-use compliance with
    the standards under section 7583 of this title shall be - 
        (A) a period of 5 years or 50,000 miles (or the equivalent)
      whichever first occurs in the case of standards applicable for
      purposes of certification at 50,000 miles; and
        (B) a period of 11 years or 120,000 miles (or the equivalent)
      whichever first occurs in the case of standards applicable for
      purposes of certification at 120,000 miles, except that in-use
      testing shall not be done for a period beyond 7 years or 90,000
      miles (or the equivalent) whichever first occurs.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 242, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2513.)

-End-

-CITE-
    42 USC Sec. 7583                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

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

-STATUTE-
    (a) Exhaust standards for light-duty vehicles and certain light-
      duty trucks
      The standards set forth in this subsection shall apply in the
    case of clean-fuel vehicles which are light-duty trucks of up to
    6,000 lbs. gross vehicle weight rating (gvwr) (but not including
    light-duty trucks of more than 3,750 lbs. loaded vehicle weight
    (lvw)) or light-duty vehicles:
      (1) Phase I
        Beginning with model year 1996, for the air pollutants
      specified in the following table, the clean-fuel vehicle
      standards under this section shall provide that vehicle exhaust
      emissions shall not exceed the levels specified in the following
      table:

    PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS
     OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND LIGHT-DUTY
                                 VEHICLES
    --------------------------------------------------------------------
            Pollutant           NMOG     CO    NOx    PM        HCHO    
                                                              (formald-  
                                                                ehyde)   
    --------------------------------------------------------------------
    50,000 mile standard        0.125    3.4    0.4           0.015       
    100,000 mile standard       0.156    4.2    0.6    0.08*  0.018       

      Standards are expressed in grams per mile (gpm).
      *Standards for particulates (PM) shall apply only to
    diesel-fueled vehicles.
      In the case of the 50,000 mile standards and the 100,000 mile
    standards, for purposes of certification, the applicable useful
    life shall be 50,000 miles or 100,000 miles, respectively.
    --------------------------------------------------------------------

      (2) Phase II
        Beginning with model year 2001, for air pollutants specified in
      the following table, the clean-fuel vehicle standards under this
      section shall provide that vehicle exhaust emissions shall not
      exceed the levels specified in the following table.

       PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
       TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND
                            LIGHT-DUTY VEHICLES
    --------------------------------------------------------------------
            Pollutant            NMOG     CO    NOx     PM*    HCHO    
                                                             (formald-  
                                                               ehyde)   
    --------------------------------------------------------------------
    50,000 mile standard         0.075    3.4    0.2          0.015       
    100,000 mile standard        0.090    4.2    0.3    0.08  0.018       

      Standards are expressed in grams per mile (gpm).
      *Standards for particulates (PM) shall apply only to
    diesel-fueled vehicles.
      In the case of the 50,000 mile standards and the 100,000 mile
    standards, for purposes of certification, the applicable useful
    life shall be 50,000 miles or 100,000 miles, respectively.
    --------------------------------------------------------------------

    (b) Exhaust standards for light-duty trucks of more than 3,750 lbs.
      LVW and up to 5,750 lbs. LVW and up to 6,000 lbs. GVWR
      The standards set forth in this paragraph (!1) shall apply in the
    case of clean-fuel vehicles which are light-duty trucks of more
    than 3,750 lbs. loaded vehicle weight (lvw) but not more than 5,750
    lbs. lvw and not more than 6,000 lbs. gross weight rating (GVWR):

      (1) Phase I
        Beginning with model year 1996, for the air pollutants
      specified in the following table, the clean-fuel vehicle
      standards under this section shall provide that vehicle exhaust
      emissions shall not exceed the levels specified in the following
      table.

    PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS
     OF MORE THAN 3,750 LBS. AND UP TO 5,750 LBS. LVW AND UP TO 6,000
                                 LBS. GVWR
    --------------------------------------------------------------------
            Pollutant            NMOG     CO    NOx     PM*       HCHO    
                                                               (formald-  
                                                                 ehyde)   
    --------------------------------------------------------------------
    50,000 mile standard         0.160    4.4    0.7          0.018       
    100,000 mile standard        0.200    5.5    0.9    0.08  0.023       

      Standards are expressed in grams per mile (gpm).
      *Standards for particulates (PM) shall apply only to
    diesel-fueled vehicles.
      In the case of the 50,000 mile standards and the 100,000 mile
    standards, for purposes of certification, the applicable useful
    life shall be 50,000 miles or 100,000 miles, respectively.
    --------------------------------------------------------------------

      (2) Phase II
        Beginning with model year 2001, for the air pollutants
      specified in the following table, the clean-fuel vehicle
      standards under this section shall provide that vehicle exhaust
      emissions shall not exceed the levels specified in the following
      table.

       PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
    TRUCKS OF MORE THAN 3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND UP
                            TO 6,000 LBS. GVWR
    --------------------------------------------------------------------
            Pollutant            NMOG     CO    NOx     PM*    HCHO    
                                                             (formald-  
                                                               ehyde)   
    --------------------------------------------------------------------
    50,000 mile standard         0.100    4.4    0.4          0.018       
    100,000 mile standard        0.130    5.5    0.5    0.08  0.023       

      Standards are expressed in grams per mile (gpm).
      *Standards for particulates (PM) shall apply only to
    diesel-fueled vehicles.
      In the case of the 50,000 mile standards and the 100,000 mile
    standards, for purposes of certification, the applicable useful
    life shall be 50,000 miles or 100,000 miles, respectively.
    --------------------------------------------------------------------

    (c) Exhaust standards for light-duty trucks greater than 6,000 lbs.
      GVWR
      The standards set forth in this subsection shall apply in the
    case of clean-fuel vehicles which are light-duty trucks of more
    than 6,000 lbs. gross weight rating (GVWR) and less than or equal
    to 8,500 lbs. GVWR, beginning with model year 1998. For the air
    pollutants specified in the following table, the clean-fuel vehicle
    standards under this section shall provide that vehicle exhaust
    emissions of vehicles within the test weight categories specified
    in the following table shall not exceed the levels specified in
    such table.

    CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS GREATER
                          THAN 6,000 LBS. GVWR

                 TEST WEIGHT CATEGORY: UP TO 3,750 LBS. TW             
    --------------------------------------------------------------------
           Pollutant           NMOG     CO    NOx    PM*       HCHO    
                                                             (formald-  
                                                               ehyde)   
    --------------------------------------------------------------------
    50,000 mile standard       0.125    3.4    0.4**         0.015       
    120,000 mile standard      0.180    5.0    0.6    0.08   0.022       
    --------------------------------------------------------------------

       TEST WEIGHT CATEGORY: ABOVE 3,750 BUT NOT ABOVE 5,750 LBS. TW   
    --------------------------------------------------------------------
           Pollutant           NMOG     CO    NOx    PM*       HCHO    
                                                             (formald-  
                                                               ehyde)   
    --------------------------------------------------------------------
    50,000 mile standard       0.160    4.4    0.7**          0.018       
    120,000 mile standard      0.230    6.4    1.0    0.10    0.027       
    --------------------------------------------------------------------

    TEST WEIGHT CATEGORY: ABOVE 5,750 TW BUT NOT ABOVE 8,500 LBS. GVWR
    --------------------------------------------------------------------
           Pollutant           NMOG     CO    NOx    PM*       HCHO    
                                                             (formald-  
                                                               ehyde)   
    --------------------------------------------------------------------
    50,000 mile standard       0.195    5.0   1.1**          0.022       
    120,000 mile standard      0.280    7.3   1.5    0.12    0.032       

      Standards are expressed in grams per mile (gpm).
      *Standards for particulates (PM) shall apply only to
    diesel-fueled vehicles.
      **Standard not applicable to diesel-fueled vehicles.
      For the 50,000 mile standards and the 120,000 mile standards set
    forth in the table, the applicable useful life for purposes of
    certification shall be 50,000 miles or 120,000 miles, respectively.
    --------------------------------------------------------------------

    (d) Flexible and dual-fuel vehicles
      (1) In general
        The Administrator shall establish standards and requirements
      under this section for the model year 1996 and thereafter for
      vehicles weighing not more than 8,500 lbs. gvwr which are capable
      of operating on more than one fuel. Such standards shall require
      that such vehicles meet the exhaust standards applicable under
      subsection (!2) (a), (b), and (c) of this section for CO, NOx,
      and HCHO, and if appropriate, PM for single-fuel vehicles of the
      same vehicle category and model year.

      (2) Exhaust NMOG standard for operation on clean alternative fuel
        In addition to standards for the pollutants referred to in
      paragraph (1), the standards established under paragraph (1)
      shall require that vehicle exhaust emissions of NMOG not exceed
      the levels (expressed in grams per mile) specified in the tables
      below when the vehicle is operated on the clean alternative fuel
      for which such vehicle is certified:

        NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN
                   OPERATING ON CLEAN ALTERNATIVE FUEL

      LIGHT-DUTY TRUCKS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES  
    --------------------------------------------------------------------
                Vehicle Type                  Column A        Column B  
                                               (50,000        (100,000  
                                                mi.)            mi.)    
                                              Standard        Standard  
                                                (gpm)           (gpm)   
    --------------------------------------------------------------------
    Beginning MY 1996:                                                  
    LDT's (0-3,750 lbs. LVW) and                   0.125           0.156
     light-duty vehicles                                                
    LDT's (3,751-5,750 lbs. LVW)                   0.160            0.20
    Beginning MY 2001:                                                  
    LDT's (0-3,750 lbs. LVW) and                   0.075           0.090
     light-duty vehicles                                                
    LDT's (3,751-5,750 lbs. LVW)                   0.100           0.130

      For standards under column A, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    50,000 miles.
      For standards under column B, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    100,000 miles.
    --------------------------------------------------------------------

                LIGHT-DUTY TRUCKS MORE THAN 6,000 LBS. GVWR            
    --------------------------------------------------------------------
                Vehicle Type                  Column A        Column B  
                                               (50,000        (120,000  
                                                mi.)            mi.)    
                                              Standard        Standard  
    --------------------------------------------------------------------
    Beginning MY 1998:                                                  
    LDT's (0-3,750 lbs. TW)                        0.125           0.180
    LDT's (3,751-5,750 lbs. TW)                    0.160           0.230
    LDT's (above 5,750 lbs. TW)                    0.195           0.280

      For standards under column A, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    50,000 miles.
      For standards under column B, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    120,000 miles.
    --------------------------------------------------------------------

      (3) NMOG standard for operation on conventional fuel
        In addition to the standards referred to in paragraph (1), the
      standards established under paragraph (1) shall require that
      vehicle exhaust emissions of NMOG not exceed the levels
      (expressed in grams per mile) specified in the tables below:

        NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN
                     OPERATING ON CONVENTIONAL FUEL

    LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES
    --------------------------------------------------------------------
                Vehicle Type                  Column A        Column B  
                                               (50,000        (100,000  
                                                mi.)            mi.)    
                                              Standard        Standard  
                                                (gpm)           (gpm)   
    --------------------------------------------------------------------
    Beginning MY 1996:                                                  
    LDT's (0-3,750 lbs. LVW) and                    0.25            0.31
     light-duty vehicles                                                
    LDT's (3,751-5,750 lbs. LVW)                    0.32            0.40
    Beginning MY 2001:                                                  
    LDT's (0-3,750 lbs. LVW) and                   0.125           0.156
     light-duty vehicles                                                
    LDT's (3,751-5,750 lbs. LVW)                   0.160           0.200

      For standards under column A, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    50,000 miles.
      For standards under column B, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    100,000 miles.
    --------------------------------------------------------------------

                LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR            
    --------------------------------------------------------------------
                Vehicle Type                  Column A        Column B  
                                               (50,000        (120,000  
                                                mi.)            mi.)    
                                              Standard        Standard  
    --------------------------------------------------------------------
    Beginning MY 1998:                                                  
    LDT's (0-3,750 lbs. TW)                         0.25            0.36
    LDT's (3,751-5,750 lbs. TW)                     0.32            0.46
    LDT's (above 5,750 lbs. TW)                     0.39            0.56

      For standards under column A, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    50,000 miles.
      For standards under column B, for purposes of certification under
    section 7525 of this title, the applicable useful life shall be
    120,000 miles.
    --------------------------------------------------------------------

    (e) Replacement by CARB standards
      (1) Single set of CARB standards
        If the State of California promulgates regulations establishing
      and implementing a single set of standards applicable in
      California pursuant to a waiver approved under section 7543 of
      this title to any category of vehicles referred to in subsection
      (a), (b), (c), or (d) of this section and such set of standards
      is, in the aggregate, at least as protective of public health and
      welfare as the otherwise applicable standards set forth in
      section 7582 of this title and subsection (a), (b), (c), or (d)
      of this section, such set of California standards shall apply to
      clean-fuel vehicles in such category in lieu of the standards
      otherwise applicable under section 7582 of this title and
      subsection (a), (b), (c), or (d) of this section, as the case may
      be.
      (2) Multiple sets of CARB standards
        If the State of California promulgates regulations establishing
      and implementing several different sets of standards applicable
      in California pursuant to a waiver approved under section 7543 of
      this title to any category of vehicles referred to in subsection
      (a), (b), (c), or (d) of this section and each of such sets of
      California standards is, in the aggregate, at least as protective
      of public health and welfare as the otherwise applicable
      standards set forth in section 7582 of this title and subsection
      (a), (b), (c), or (d) of this section, such standards shall be
      treated as "qualifying California standards" for purposes of this
      paragraph. Where more than one set of qualifying standards are
      established and administered by the State of California, the
      least stringent set of qualifying California standards shall
      apply to the clean-fuel vehicles concerned in lieu of the
      standards otherwise applicable to such vehicles under section
      7582 of this title and this section.
    (f) Less stringent CARB standards
      If the Low-Emission Vehicle and Clean Fuels Regulations of the
    California Air Resources Board applicable to any category of
    vehicles referred to in subsection (a), (b), (c), or (d) of this
    section are modified after November 15, 1990, to provide an
    emissions standard which is less stringent than the otherwise
    applicable standard set forth in subsection (a), (b), (c), or (d)
    of this section, or if any effective date contained in such
    regulations is delayed, such modified standards or such delay (or
    both, as the case may be) shall apply, for an interim period, in
    lieu of the standard or effective date otherwise applicable under
    subsection (a), (b), (c), or (d) of this section to any vehicles
    covered by such modified standard or delayed effective date. The
    interim period shall be a period of not more than 2 model years
    from the effective date otherwise applicable under subsection (a),
    (b), (c), or (d) of this section. After such interim period, the
    otherwise applicable standard set forth in subsection (a), (b),
    (c), or (d) of this section shall take effect with respect to such
    vehicles (unless subsequently replaced under subsection (e) of this
    section).
    (g) Not applicable to heavy-duty vehicles
      Notwithstanding any provision of the Low-Emission Vehicle and
    Clean Fuels Regulations of the California Air Resources Board
    nothing in this section shall apply to heavy-duty engines in
    vehicles of more than 8,500 lbs. GVWR.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 243, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2514.)

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

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

-End-

-CITE-
    42 USC Sec. 7584                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7584. Administration and enforcement as per California
      standards

-STATUTE-
      Where the numerical clean-fuel vehicle standards applicable under
    this part to vehicles of not more than 8,500 lbs. GVWR are the same
    as numerical emission standards applicable in California under the
    Low-Emission Vehicle and Clean Fuels Regulations of the California
    Air Resources Board ("CARB"), such standards shall be administered
    and enforced by the Administrator - 
        (1) in the same manner and with the same flexibility as the
      State of California administers and enforces corresponding
      standards applicable under the Low-Emission Vehicle and Clean
      Fuels Regulations of the California Air Resources Board ("CARB");
      and
        (2) subject to the same requirements, and utilizing the same
      interpretations and policy judgments, as are applicable in the
      case of such CARB standards, including, but not limited to,
      requirements regarding certification, production-line testing,
      and in-use compliance,

    unless the Administrator determines (in promulgating the rules
    establishing the clean fuel vehicle program under this section)
    that any such administration and enforcement would not meet the
    criteria for a waiver under section 7543 of this title. Nothing in
    this section shall apply in the case of standards under section
    7585 of this title for heavy-duty vehicles.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 244, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)

-End-

-CITE-
    42 USC Sec. 7585                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above
      8,500 up to 26,000 lbs.)

-STATUTE-
    (a) Model years after 1997; combined NOx and NMHC standard
      For classes or categories of heavy-duty vehicles or engines
    manufactured for the model year 1998 or thereafter and having a
    GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the
    standards under this part for clean-fuel vehicles shall require
    that combined emissions of oxides of nitrogen (NOx) and
    nonmethane hydrocarbons (NMHC) shall not exceed 3.15 grams per
    brake horsepower hour (equivalent to 50 percent of the combined
    emission standards applicable under section 7521 of this title for
    such air pollutants in the case of a conventional model year 1994
    heavy-duty diesel-fueled vehicle or engine). No standard shall be
    promulgated as provided in this section for any heavy-duty vehicle
    of more than 26,000 lbs. GVWR.
    (b) Revised standards that are less stringent
      (1) The Administrator may promulgate a revised less stringent
    standard for the vehicles or engines referred to in subsection (a)
    of this section if the Administrator determines that the 50 percent
    reduction required under subsection (a) of this section is not
    technologically feasible for clean diesel-fueled vehicles and
    engines, taking into account durability, costs, lead time, safety,
    and other relevant factors. To provide adequate lead time the
    Administrator shall make a determination with regard to the
    technological feasibility of such 50 percent reduction before
    December 31, 1993.
      (2) Any person may at any time petition the Administrator to make
    a determination under paragraph (1). The Administrator shall act on
    such a petition within 6 months after the petition is filed.
      (3) Any revised less stringent standards promulgated as provided
    in this subsection shall require at least a 30 percent reduction in
    lieu of the 50 percent reduction referred to in paragraph (1).

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 245, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2519.)

-End-

-CITE-
    42 USC Sec. 7586                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7586. Centrally fueled fleets

-STATUTE-
    (a) Fleet program required for certain nonattainment areas
      (1) SIP revision
        Each State in which there is located all or part of a covered
      area (as defined in paragraph (2)) shall submit, within 42 months
      after November 15, 1990, a State implementation plan revision
      under section 7410 of this title and part D of subchapter I of
      this chapter to establish a clean-fuel vehicle program for fleets
      under this section.
      (2) Covered areas
        For purposes of this subsection, each of the following shall be
      a "covered area":
        (A) Ozone nonattainment areas
          Any ozone nonattainment area with a 1980 population of
        250,000 or more classified under subpart 2 of part D of
        subchapter I of this chapter as Serious, Severe, or Extreme
        based on data for the calendar years 1987, 1988, and 1989. In
        determining the ozone nonattainment areas to be treated as
        covered areas pursuant to this subparagraph, the Administrator
        shall use the most recent interpretation methodology issued by
        the Administrator prior to November 15, 1990.
        (B) Carbon monoxide nonattainment areas
          Any carbon monoxide nonattainment area with a 1980 population
        of 250,000 or more and a carbon monoxide design value at or
        above 16.0 parts per million based on data for calendar years
        1988 and 1989 (as calculated according to the most recent
        interpretation methodology issued prior to November 15, 1990,
        by the United States Environmental Protection Agency),
        excluding those carbon monoxide nonattainment areas in which
        mobile sources do not contribute significantly to carbon
        monoxide exceedances.
      (3) Plan revisions for reclassified areas
        In the case of ozone nonattainment areas reclassified as
      Serious, Severe, or Extreme under part D of subchapter I of this
      chapter with a 1980 population of 250,000 or more, the State
      shall submit a plan revision meeting the requirements of this
      subsection within 1 year after reclassification. Such plan
      revision shall implement the requirements applicable under this
      subsection at the time of reclassification and thereafter, except
      that the Administrator may adjust for a limited period the
      deadlines for compliance where compliance with such deadlines
      would be infeasible.
      (4) Consultation; consideration of factors
        Each State required to submit an implementation plan revision
      under this subsection shall develop such revision in consultation
      with fleet operators, vehicle manufacturers, fuel producers and
      distributors, motor vehicle fuel, and other interested parties,
      taking into consideration operational range, specialty uses,
      vehicle and fuel availability, costs, safety, resale values of
      vehicles and equipment and other relevant factors.
    (b) Phase-in of requirements
      The plan revision required under this section shall contain
    provisions requiring that at least a specified percentage of all
    new covered fleet vehicles in model year 1998 and thereafter
    purchased by each covered fleet operator in each covered area shall
    be clean-fuel vehicles and shall use clean alternative fuels when
    operating in the covered area. For the applicable model years (MY)
    specified in the following table and thereafter, the specified
    percentage shall be as provided in the table for the vehicle types
    set forth in the table:

            CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS        
    --------------------------------------------------------------------
                   Vehicle Type                 MY1998    MY1999    MY2000
    --------------------------------------------------------------------
    Light-duty trucks up to 6,000 lbs. GVWR         30%       50%      70%
     and light-duty vehicles                                              
    Heavy-duty trucks above 8,500 lbs. GVWR         50%       50%      50%

      The term MY refers to model year.
    --------------------------------------------------------------------

    (c) Accelerated standard for light-duty trucks up to 6,000 lbs.
      GVWR and light-duty vehicles
      Notwithstanding the model years for which clean-fuel vehicle
    standards are applicable as provided in section 7583 of this title,
    for purposes of this section, light duty (!1) trucks of up to 6,000
    lbs. GVWR and light-duty vehicles manufactured in model years 1998
    through model year 2000 shall be treated as clean-fuel vehicles
    only if such vehicles comply with the standards applicable under
    section 7583 of this title for vehicles in the same class for the
    model year 2001. The requirements of subsection (b) of this section
    shall take effect on the earlier of the following:

        (1) The first model year after model year 1997 in which new
      light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles
      which comply with the model year 2001 standards under section
      7583 of this title are offered for sale in California.
        (2) Model year 2001.

    Whenever the effective date of subsection (b) of this section is
    delayed pursuant to paragraph (1) of this subsection, the phase-in
    schedule under subsection (b) of this section shall be modified to
    commence with the model year referred to in paragraph (1) in lieu
    of model year 1998.
    (d) Choice of vehicles and fuel
      The plan revision under this subsection shall provide that the
    choice of clean-fuel vehicles and clean alternative fuels shall be
    made by the covered fleet operator subject to the requirements of
    this subsection.
    (e) Availability of clean alternative fuel
      The plan revision shall require fuel providers to make clean
    alternative fuel available to covered fleet operators at locations
    at which covered fleet vehicles are centrally fueled.
    (f) Credits
      (1) Issuance of credits
        The State plan revision required under this section shall
      provide for the issuance by the State of appropriate credits to a
      fleet operator for any of the following (or any combination
      thereof):
          (A) The purchase of more clean-fuel vehicles than required
        under this section.
          (B) The purchase of clean fuel (!2) vehicles which meet more
        stringent standards established by the Administrator pursuant
        to paragraph (4).

          (C) The purchase of vehicles in categories which are not
        covered by this section but which meet standards established
        for such vehicles under paragraph (4).
      (2) Use of credits; limitations based on weight classes
        (A) Use of credits
          Credits under this subsection may be used by the person
        holding such credits to demonstrate compliance with this
        section or may be traded or sold for use by any other person to
        demonstrate compliance with other requirements applicable under
        this section in the same nonattainment area. Credits obtained
        at any time may be held or banked for use at any later time,
        and when so used, such credits shall maintain the same value as
        if used at an earlier date.
        (B) Limitations based on weight classes
          Credits issued with respect to the purchase of vehicles of up
        to 8,500 lbs. GVWR may not be used to demonstrate compliance by
        any person with the requirements applicable under this
        subsection to vehicles of more than 8,500 lbs. GVWR. Credits
        issued with respect to the purchase of vehicles of more than
        8,500 lbs. GVWR may not be used to demonstrate compliance by
        any person with the requirements applicable under this
        subsection to vehicles weighing up to 8,500 lbs. GVWR.
        (C) Weighting
          Credits issued for purchase of a clean fuel (!2) vehicle
        under this subsection shall be adjusted with appropriate
        weighting to reflect the level of emission reduction achieved
        by the vehicle.
      (3) Regulations and administration
        Within 12 months after November 15, 1990, the Administrator
      shall promulgate regulations for such credit program. The State
      shall administer the credit program established under this
      subsection.
      (4) Standards for issuing credits for cleaner vehicles
        Solely for purposes of issuing credits under paragraph (1)(B),
      the Administrator shall establish under this paragraph standards
      for Ultra-Low Emission Vehicles ("ULEV"s) and Zero Emissions
      Vehicles ("ZEV"s) which shall be more stringent than those
      otherwise applicable to clean-fuel vehicles under this part. The
      Administrator shall certify clean fuel (!2) vehicles as complying
      with such more stringent standards, and administer and enforce
      such more stringent standards, in the same manner as in the case
      of the otherwise applicable clean-fuel vehicle standards
      established under this section. The standards established by the
      Administrator under this paragraph for vehicles under 8,500 lbs.
      GVWR or greater shall conform as closely as possible to standards
      which are established by the State of California for ULEV and ZEV
      vehicles in the same class. For vehicles of 8,500 lbs. GVWR or
      more, the Administrator shall promulgate comparable standards for
      purposes of this subsection.
      (5) Early fleet credits
        The State plan revision shall provide credits under this
      subsection to fleet operators that purchase vehicles certified to
      meet clean-fuel vehicle standards under this part during any
      period after approval of the plan revision and prior to the
      effective date of the fleet program under this section.
    (g) Availability to public
      At any facility owned or operated by a department, agency, or
    instrumentality of the United States where vehicles subject to this
    subsection are supplied with clean alternative fuel, such fuel
    shall be offered for sale to the public for use in other vehicles
    during reasonable business times and subject to national security
    concerns, unless such fuel is commercially available for vehicles
    in the vicinity of such Federal facilities.
    (h) Transportation control measures
      The Administrator shall by rule, within 1 year after November 15,
    1990, ensure that certain transportation control measures including
    time-of-day or day-of-week restrictions, and other similar measures
    that restrict vehicle usage, do not apply to any clean-fuel vehicle
    that meets the requirements of this section. This subsection shall
    apply notwithstanding subchapter I of this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 246, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2520.)

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

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

-End-

-CITE-
    42 USC Sec. 7587                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7587. Vehicle conversions

-STATUTE-
    (a) Conversion of existing and new conventional vehicles to clean-
      fuel vehicles
      The requirements of section 7586 of this title may be met through
    the conversion of existing or new gasoline or diesel-powered
    vehicles to clean-fuel vehicles which comply with the applicable
    requirements of that section. For purposes of such provisions the
    conversion of a vehicle to clean fuel (!1) vehicle shall be treated
    as the purchase of a clean fuel (!1) vehicle. Nothing in this part
    shall be construed to provide that any covered fleet operator
    subject to fleet vehicle purchase requirements under section 7586
    of this title shall be required to convert existing or new gasoline
    or diesel-powered vehicles to clean-fuel vehicles or to purchase
    converted vehicles.

    (b) Regulations
      The Administrator shall, within 24 months after November 15,
    1990, consistent with the requirements of this subchapter
    applicable to new vehicles, promulgate regulations governing
    conversions of conventional vehicles to clean-fuel vehicles. Such
    regulations shall establish criteria for such conversions which
    will ensure that a converted vehicle will comply with the standards
    applicable under this part to clean-fuel vehicles. Such regulations
    shall provide for the application to such conversions of the same
    provisions of this subchapter (including provisions relating to
    administration enforcement) as are applicable to standards under
    section (!2) 7582, 7583, 7584, and 7585 of this title, except that
    in the case of conversions the Administrator may modify the
    applicable regulations implementing such provisions as the
    Administrator deems necessary to implement this part.

    (c) Enforcement
      Any person who converts conventional vehicles to clean fuel (!1)
    vehicles pursuant to subsection (b) of this section, shall be
    considered a manufacturer for purposes of sections 7525 and 7541 of
    this title and related enforcement provisions. Nothing in the
    preceding sentence shall require a person who performs such
    conversions to warrant any part or operation of a vehicle other
    than as required under this part. Nothing in this paragraph shall
    limit the applicability of any other warranty to unrelated parts or
    operations.
    (d) Tampering
      The conversion from a vehicle capable of operating on gasoline or
    diesel fuel only to a clean-fuel vehicle shall not be considered a
    violation of section 7522(a)(3) of this title if such conversion
    complies with the regulations promulgated under subsection (b) of
    this section.
    (e) Safety
      The Secretary of Transportation shall, if necessary, promulgate
    rules under applicable motor vehicle laws regarding the safety of
    vehicles converted from existing and new vehicles to clean-fuel
    vehicles.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 247, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2523.)

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

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

-End-

-CITE-
    42 USC Sec. 7588                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7588. Federal agency fleets

-STATUTE-
    (a) Additional provisions applicable
      The provisions of this section shall apply, in addition to the
    other provisions of this part, in the case of covered fleet
    vehicles owned or operated by an agency, department, or
    instrumentality of the United States, except as otherwise provided
    in subsection (e) of this section.
    (b) Cost of vehicles to Federal agency
      Notwithstanding the provisions of sections 601-611 of title 40,
    the Administrator of General Services shall not include the
    incremental costs of clean-fuel vehicles in the amount to be
    reimbursed by Federal agencies if the Administrator of General
    Services determines that appropriations provided pursuant to this
    paragraph are sufficient to provide for the incremental cost of
    such vehicles over the cost of comparable conventional vehicles.
    (c) Limitations on appropriations
      Funds appropriated pursuant to the authorization under this
    paragraph shall be applicable only - 
        (1) to the portion of the cost of acquisition, maintenance and
      operation of vehicles acquired under this subparagraph which
      exceeds the cost of acquisition, maintenance and operation of
      comparable conventional vehicles;
        (2) to the portion of the costs of fuel storage and dispensing
      equipment attributable to such vehicles which exceeds the costs
      for such purposes required for conventional vehicles; and
        (3) to the portion of the costs of acquisition of clean-fuel
      vehicles which represents a reduction in revenue from the
      disposal of such vehicles as compared to revenue resulting from
      the disposal of comparable conventional vehicles.
    (d) Vehicle costs
      The incremental cost of vehicles acquired under this part over
    the cost of comparable conventional vehicles shall not be applied
    to any calculation with respect to a limitation under law on the
    maximum cost of individual vehicles which may be required by the
    United States.
    (e) Exemptions
      The requirements of this part shall not apply to vehicles with
    respect to which the Secretary of Defense has certified to the
    Administrator that an exemption is needed based on national
    security consideration.
    (f) Acquisition requirement
      Federal agencies, to the extent practicable, shall obtain clean-
    fuel vehicles from original equipment manufacturers.
    (g) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    required to carry out the provisions of this section: Provided,
    That such sums as are appropriated for the Administrator of General
    Services pursuant to the authorization under this section shall be
    added to the General Supply Fund established in section 321 of
    title 40.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 248, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2524.)

-COD-
                               CODIFICATION                           
      In subsec. (b), "sections 601-611 of title 40" substituted for
    "section 211 of the Federal Property and Administrative Services
    Act of 1949", and, in subsec. (g), "the General Supply Fund
    established in section 321 of title 40" substituted for "the
    General Supply Fund established in section 109 of the Federal
    Property and Administrative Services Act of 1949", on authority of
    Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
    first section of which enacted Title 40, Public Buildings,
    Property, and Works.

-End-

-CITE-
    42 USC Sec. 7589                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7589. California pilot test program

-STATUTE-
    (a) Establishment
      The Administrator shall establish a pilot program in the State of
    California to demonstrate the effectiveness of clean-fuel vehicles
    in controlling air pollution in ozone nonattainment areas.
    (b) Applicability
      The provisions of this section shall only apply to light-duty
    trucks and light-duty vehicles, and such provisions shall apply
    only in the State of California, except as provided in subsection
    (f) of this section.
    (c) Program requirements
      Not later than 24 months after November 15, 1990, the
    Administrator shall promulgate regulations establishing
    requirements under this section applicable in the State of
    California. The regulations shall provide the following:
      (1) Clean-fuel vehicles
        Clean-fuel vehicles shall be produced, sold, and distributed
      (in accordance with normal business practices and applicable
      franchise agreements) to ultimate purchasers in California
      (including owners of covered fleets referred to in section 7586
      of this title) in numbers that meet or exceed the following
      schedule:

                      Model Years                          Number of    
                                                           Clean-Fuel   
                                                            Vehicles    
    --------------------------------------------------------------------
    1996, 1997, 1998                                   150,000 vehicles 
    1999 and thereafter                                300,000 vehicles 
    --------------------------------------------------------------------

      (2) Clean alternative fuels
        (A) Within 2 years after November 15, 1990, the State of
      California shall submit a revision of the applicable
      implementation plan under part D of subchapter I of this chapter
      and section 7410 of this title containing a clean fuel plan that
      requires that clean alternative fuels on which the clean-fuel
      vehicles required under this paragraph can operate shall be
      produced and distributed by fuel suppliers and made available in
      California. At a minimum, sufficient clean alternative fuels
      shall be produced, distributed and made available to assure that
      all clean-fuel vehicles required under this section can operate,
      to the maximum extent practicable, exclusively on such fuels in
      California. The State shall require that clean alternative fuels
      be made available and offered for sale at an adequate number of
      locations with sufficient geographic distribution to ensure
      convenient refueling with clean alternative fuels, considering
      the number of, and type of, such vehicles sold and the geographic
      distribution of such vehicles within the State. The State shall
      determine the clean alternative fuels to be produced,
      distributed, and made available based on motor vehicle
      manufacturers' projections of future sales of such vehicles and
      consultations with the affected local governments and fuel
      suppliers.
        (B) The State may by regulation grant persons subject to the
      requirements prescribed under this paragraph an appropriate
      amount of credits for exceeding such requirements, and any person
      granted credits may transfer some or all of the credits for use
      by one or more persons in demonstrating compliance with such
      requirements. The State may make the credits available for use
      after consideration of enforceability, environmental, and
      economic factors and upon such terms and conditions as the State
      finds appropriate.
        (C) The State may also by regulation establish specifications
      for any clean alternative fuel produced and made available under
      this paragraph as the State finds necessary to reduce or
      eliminate an unreasonable risk to public health, welfare, or
      safety associated with its use or to ensure acceptable vehicle
      maintenance and performance characteristics.
        (D) If a retail gasoline dispensing facility would have to
      remove or replace one or more motor vehicle fuel underground
      storage tanks and accompanying piping in order to comply with the
      provisions of this section, and it had removed and replaced such
      tank or tanks and accompanying piping in order to comply with
      subtitle I of the Solid Waste Disposal Act [42 U.S.C. 6991 et
      seq.] prior to November 15, 1990, it shall not be required to
      comply with this subsection until a period of 7 years has passed
      from the date of the removal and replacement of such tank or
      tanks.
        (E) Nothing in this section authorizes any State other than
      California to adopt provisions regarding clean alternative fuels.
        (F) If the State of California fails to adopt a clean fuel
      program that meets the requirements of this paragraph, the
      Administrator shall, within 4 years after November 15, 1990,
      establish a clean fuel program for the State of California under
      this paragraph and section 7410(c) of this title that meets the
      requirements of this paragraph.
    (d) Credits for motor vehicle manufacturers
      (1) The Administrator may (by regulation) grant a motor vehicle
    manufacturer an appropriate amount of credits toward fulfillment of
    such manufacturer's share of the requirements of subsection (c)(1)
    of this section for any of the following (or any combination
    thereof):
        (A) The sale of more clean-fuel vehicles than required under
      subsection (c)(1) of this section.
        (B) The sale of clean fuel (!1) vehicles which meet standards
      established by the Administrator as provided in paragraph (3)
      which are more stringent than the clean-fuel vehicle standards
      otherwise applicable to such clean-fuel vehicle. A manufacturer
      granted credits under this paragraph may transfer some or all of
      the credits for use by one or more other manufacturers in
      demonstrating compliance with the requirements prescribed under
      this paragraph. The Administrator may make the credits available
      for use after consideration of enforceability, environmental, and
      economic factors and upon such terms and conditions as he finds
      appropriate. The Administrator shall grant credits in accordance
      with this paragraph, notwithstanding any requirements of State
      law or any credits granted with respect to the same vehicles
      under any State law, rule, or regulation.

      (2) Regulations and administration. - The Administrator shall
    administer the credit program established under this subsection.
    Within 12 months after November 15, 1990, the Administrator shall
    promulgate regulations for such credit program.
      (3) Standards for issuing credits for cleaner vehicles. - The
    more stringent standards and other requirements (including
    requirements relating to the weighting of credits) established by
    the Administrator for purposes of the credit program under 7585(e)
    (!2) of this title (relating to credits for clean fuel (!1)
    vehicles in the fleets program) shall also apply for purposes of
    the credit program under this paragraph.

    (e) Program evaluation
      (1) Not later than June 30, 1994 and again in connection with the
    report under paragraph (2), the Administrator shall provide a
    report to the Congress on the status of the California Air
    Resources Board Low-Emissions Vehicles and Clean Fuels Program.
    Such report shall examine the capability, from a technological
    standpoint, of motor vehicle manufacturers and motor vehicle fuel
    suppliers to comply with the requirements of such program and with
    the requirements of the California Pilot Program under this
    section.
      (2) Not later than June 30, 1998, the Administrator shall
    complete and submit a report to Congress on the effectiveness of
    the California pilot program under this section. The report shall
    evaluate the level of emission reductions achieved under the
    program, the costs of the program, the advantages and disadvantages
    of extending the program to other nonattainment areas, and
    desirability of continuing or expanding the program in California.
      (3) The program under this section cannot be extended or
    terminated by the Administrator except by Act of Congress enacted
    after November 15, 1990. Section 7507 of this title does not apply
    to the program under this section.
    (f) Voluntary opt-in for other States
      (1) EPA regulations
        Not later than 2 years after November 15, 1990, the
      Administrator shall promulgate regulations establishing a
      voluntary opt-in program under this subsection pursuant to which -
       
          (A) clean-fuel vehicles which are required to be produced,
        sold, and distributed in the State of California under this
        section, and
          (B) clean alternative fuels required to be produced and
        distributed under this section by fuel suppliers and made
        available in California (!3)

      may also be sold and used in other States which submit plan
      revisions under paragraph (2).
      (2) Plan revisions
        Any State in which there is located all or part of an ozone
      nonattainment area classified under subpart (!4) D of subchapter
      I of this chapter as Serious, Severe, or Extreme may submit a
      revision of the applicable implementation plan under part D of
      subchapter I of this chapter and section 7410 of this title to
      provide incentives for the sale or use in such an area or State
      of clean-fuel vehicles which are required to be produced, sold,
      and distributed in the State of California, and for the use in
      such an area or State of clean alternative fuels required to be
      produced and distributed by fuel suppliers and made available in
      California. Such plan provisions shall not take effect until 1
      year after the State has provided notice of such provisions to
      motor vehicle manufacturers and to fuel suppliers.

      (3) Incentives
        The incentives referred to in paragraph (2) may include any or
      all of the following:
          (A) A State registration fee on new motor vehicles registered
        in the State which are not clean-fuel vehicles in the amount of
        at least 1 percent of the cost of the vehicle. The proceeds of
        such fee shall be used to provide financial incentives to
        purchasers of clean-fuel vehicles and to vehicle dealers who
        sell high volumes or high percentages of clean-fuel vehicles
        and to defray the administrative costs of the incentive
        program.
          (B) Provisions to exempt clean-fuel vehicles from high
        occupancy vehicle or trip reduction requirements.
          (C) Provisions to provide preference in the use of existing
        parking spaces for clean-fuel vehicles.

      The incentives under this paragraph shall not apply in the case
      of covered fleet vehicles.
      (4) No sales or production mandate
        The regulations and plan revisions under paragraphs (1) and (2)
      shall not include any production or sales mandate for clean-fuel
      vehicles or clean alternative fuels. Such regulations and plan
      revisions shall also provide that vehicle manufacturers and fuel
      suppliers may not be subject to penalties or sanctions for
      failing to produce or sell clean-fuel vehicles or clean
      alternative fuels.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 249, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2525.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Solid Waste Disposal Act, referred to in subsec. (c)(2)(D),
    is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
    amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90
    Stat. 2795. Subtitle I of the Act is classified generally to
    subchapter IX (Sec. 6991 et seq.) of chapter 82 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 6901 of this title and Tables.
      November 15, 1990, referred to in subsec. (e)(3), was in the
    original "the date of the Clean Air Act Amendments of 1990", which
    was translated as meaning the date of enactment of Pub. L. 101-549,
    which enacted this section, to reflect the probable intent of
    Congress.

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

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

               

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

    (!4) So in original. Probably should be "part".

-End-

-CITE-
    42 USC Sec. 7590                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - EMISSION STANDARDS FOR MOVING SOURCES
    Part C - Clean Fuel Vehicles

-HEAD-
    Sec. 7590. General provisions

-STATUTE-
    (a) State refueling facilities
      If any State adopts enforceable provisions in an implementation
    plan applicable to a nonattainment area which provides that
    existing State refueling facilities will be made available to the
    public for the purchase of clean alternative fuels or that State-
    operated refueling facilities for such fuels will be constructed
    and operated by the State and made available to the public at
    reasonable times, taking into consideration safety, costs, and
    other relevant factors, in approving such plan under section 7410
    of this title and part D,(!1) the Administrator may credit a State
    with the emission reductions for purposes of part D (!1)
    attributable to such actions.

    (b) No production mandate
      The Administrator shall have no authority under this part to
    mandate the production of clean-fuel vehicles except as provided in
    the California pilot test program or to specify as applicable the
    models, lines, or types of, or marketing or price practices,
    policies, or strategies for, vehicles subject to this part. Nothing
    in this part shall be construed to give the Administrator authority
    to mandate marketing or pricing practices, policies, or strategies
    for fuels.
    (c) Tank and fuel system safety
      The Secretary of Transportation shall, in accordance with chapter
    301 of title 49, promulgate applicable regulations regarding the
    safety and use of fuel storage cylinders and fuel systems,
    including appropriate testing and retesting, in conversions of
    motor vehicles.
    (d) Consultation with Department of Energy and Department of
      Transportation
      The Administrator shall coordinate with the Secretaries of the
    Department of Energy and the Department of Transportation in
    carrying out the Administrator's duties under this part.

-SOURCE-
    (July 14, 1955, ch. 360, title II, Sec. 250, as added Pub. L. 101-
    549, title II, Sec. 229(a), Nov. 15, 1990, 104 Stat. 2528.)

-COD-
                               CODIFICATION                           
      In subsec. (c), "chapter 301 of title 49" substituted for "the
    National Motor Vehicle Traffic Safety Act of 1966 [15 U.S.C. 1381
    et seq.]", meaning "the National Traffic and Motor Vehicle Safety
    Act of 1966 [15 U.S.C. 1381 et seq.]", on authority of Pub. L. 103-
    272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of
    which enacted subtitles II, III, and V to X of Title 49,
    Transportation.

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

-End-

-CITE-
    42 USC SUBCHAPTER III - GENERAL PROVISIONS                  01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
                    SUBCHAPTER III - GENERAL PROVISIONS                

-End-

-CITE-
    42 USC Sec. 7601                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7601. Administration

-STATUTE-
    (a) Regulations; delegation of powers and duties; regional officers
      and employees
      (1) The Administrator is authorized to prescribe such regulations
    as are necessary to carry out his functions under this chapter. The
    Administrator may delegate to any officer or employee of the
    Environmental Protection Agency such of his powers and duties under
    this chapter, except the making of regulations subject to section
    7607(d) of this title, as he may deem necessary or expedient.
      (2) Not later than one year after August 7, 1977, the
    Administrator shall promulgate regulations establishing general
    applicable procedures and policies for regional officers and
    employees (including the Regional Administrator) to follow in
    carrying out a delegation under paragraph (1), if any. Such
    regulations shall be designed - 
        (A) to assure fairness and uniformity in the criteria,
      procedures, and policies applied by the various regions in
      implementing and enforcing the chapter;
        (B) to assure at least an adequate quality audit of each
      State's performance and adherence to the requirements of this
      chapter in implementing and enforcing the chapter, particularly
      in the review of new sources and in enforcement of the chapter;
      and
        (C) to provide a mechanism for identifying and standardizing
      inconsistent or varying criteria, procedures, and policies being
      employed by such officers and employees in implementing and
      enforcing the chapter.
    (b) Detail of Environmental Protection Agency personnel to air
      pollution control agencies
      Upon the request of an air pollution control agency, personnel of
    the Environmental Protection Agency may be detailed to such agency
    for the purpose of carrying out the provisions of this chapter.
    (c) Payments under grants; installments; advances or reimbursements
      Payments under grants made under this chapter may be made in
    installments, and in advance or by way of reimbursement, as may be
    determined by the Administrator.
    (d) Tribal authority
      (1) Subject to the provisions of paragraph (2), the Administrator
    - 
        (A) is authorized to treat Indian tribes as States under this
      chapter, except for purposes of the requirement that makes
      available for application by each State no less than one-half of
      1 percent of annual appropriations under section 7405 of this
      title; and
        (B) may provide any such Indian tribe grant and contract
      assistance to carry out functions provided by this chapter.

      (2) The Administrator shall promulgate regulations within 18
    months after November 15, 1990, specifying those provisions of this
    chapter for which it is appropriate to treat Indian tribes as
    States. Such treatment shall be authorized only if - 
        (A) the Indian tribe has a governing body carrying out
      substantial governmental duties and powers;
        (B) the functions to be exercised by the Indian tribe pertain
      to the management and protection of air resources within the
      exterior boundaries of the reservation or other areas within the
      tribe's jurisdiction; and
        (C) the Indian tribe is reasonably expected to be capable, in
      the judgment of the Administrator, of carrying out the functions
      to be exercised in a manner consistent with the terms and
      purposes of this chapter and all applicable regulations.

      (3) The Administrator may promulgate regulations which establish
    the elements of tribal implementation plans and procedures for
    approval or disapproval of tribal implementation plans and portions
    thereof.
      (4) In any case in which the Administrator determines that the
    treatment of Indian tribes as identical to States is inappropriate
    or administratively infeasible, the Administrator may provide, by
    regulation, other means by which the Administrator will directly
    administer such provisions so as to achieve the appropriate
    purpose.
      (5) Until such time as the Administrator promulgates regulations
    pursuant to this subsection, the Administrator may continue to
    provide financial assistance to eligible Indian tribes under
    section 7405 of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 301, formerly Sec. 8, as
    added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,
    renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79
    Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.
    504; Pub. L. 91-604, Secs. 3(b)(2), 15(c)(2), Dec. 31, 1970, 84
    Stat. 1677, 1713; Pub. L. 95-95, title III, Sec. 305(e), Aug. 7,
    1977, 91 Stat. 776; Pub. L. 101-549, title I, Secs. 107(d), 108(i),
    Nov. 15, 1990, 104 Stat. 2464, 2467.)

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

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-549, Sec. 108(i), inserted
    "subject to section 7607(d) of this title" after "regulations".
      Subsec. (d). Pub. L. 101-549, Sec. 107(d), added subsec. (d).
      1977 - Subsec. (a). Pub. L. 95-95 designated existing provisions
    as par. (1) and added par. (2).
      1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary" and "Environmental Protection
    Agency" for "Department of Health, Education, and Welfare".
      Subsec. (b). Pub. L. 91-604, Sec. 3(b)(2), substituted
    "Environmental Protection Agency" for "Public Health Service" and
    struck out provisions covering the payment of salaries and
    allowances.
      Subsec. (c). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary".
      1967 - Pub. L. 90-148 reenacted section without change.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

         DISADVANTAGED BUSINESS CONCERNS; USE OF QUOTAS PROHIBITED     
      Title X of Pub. L. 101-549 provided that:

      "SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.
      "(a) In General. - In providing for any research relating to the
    requirements of the amendments made by the Clean Air Act Amendments
    of 1990 [Pub. L. 101-549, see Tables for classification] which uses
    funds of the Environmental Protection Agency, the Administrator of
    the Environmental Protection Agency shall, to the extent
    practicable, require that not less than 10 percent of total Federal
    funding for such research will be made available to disadvantaged
    business concerns.
      "(b) Definition. - 
        "(1)(A) For purposes of subsection (a), the term 'disadvantaged
      business concern' means a concern - 
          "(i) which is at least 51 percent owned by one or more
        socially and economically disadvantaged individuals or, in the
        case of a publicly traded company, at least 51 percent of the
        stock of which is owned by one or more socially and
        economically disadvantaged individuals; and
          "(ii) the management and daily business operations of which
        are controlled by such individuals.
        "(B)(i) A for-profit business concern is presumed to be a
      disadvantaged business concern for purposes of subsection (a) if
      it is at least 51 percent owned by, or in the case of a concern
      which is a publicly traded company at least 51 percent of the
      stock of the company is owned by, one or more individuals who are
      members of the following groups:
          "(I) Black Americans.
          "(II) Hispanic Americans.
          "(III) Native Americans.
          "(IV) Asian Americans.
          "(V) Women.
          "(VI) Disabled Americans.
        "(ii) The presumption established by clause (i) may be rebutted
      with respect to a particular business concern if it is reasonably
      established that the individual or individuals referred to in
      that clause with respect to that business concern are not
      experiencing impediments to establishing or developing such
      concern as a result of the individual's identification as a
      member of a group specified in that clause.
        "(C) The following institutions are presumed to be
      disadvantaged business concerns for purposes of subsection (a):
          "(i) Historically black colleges and universities, and
        colleges and universities having a student body in which 40
        percent of the students are Hispanic.
          "(ii) Minority institutions (as that term is defined by the
        Secretary of Education pursuant to the General Education
        Provision Act (20 U.S.C. 1221 et seq.)).
          "(iii) Private and voluntary organizations controlled by
        individuals who are socially and economically disadvantaged.
        "(D) A joint venture may be considered to be a disadvantaged
      business concern under subsection (a), notwithstanding the size
      of such joint venture, if - 
          "(i) a party to the joint venture is a disadvantaged business
        concern; and
          "(ii) that party owns at least 51 percent of the joint
        venture.
      A person who is not an economically disadvantaged individual or a
      disadvantaged business concern, as a party to a joint venture,
      may not be a party to more than 2 awarded contracts in a fiscal
      year solely by reason of this subparagraph.
        "(E) Nothing in this paragraph shall prohibit any member of a
      racial or ethnic group that is not listed in subparagraph (B)(i)
      from establishing that they have been impeded in establishing or
      developing a business concern as a result of racial or ethnic
      discrimination.
      "Sec. 1002. Use of Quotas Prohibited. - Nothing in this title
    shall permit or require the use of quotas or a requirement that has
    the effect of a quota in determining eligibility under section
    1001."

-End-

-CITE-
    42 USC Sec. 7602                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7602. Definitions

-STATUTE-
      When used in this chapter - 
      (a) The term "Administrator" means the Administrator of the
    Environmental Protection Agency.
      (b) The term "air pollution control agency" means any of the
    following:
        (1) A single State agency designated by the Governor of that
      State as the official State air pollution control agency for
      purposes of this chapter.
        (2) An agency established by two or more States and having
      substantial powers or duties pertaining to the prevention and
      control of air pollution.
        (3) A city, county, or other local government health authority,
      or, in the case of any city, county, or other local government in
      which there is an agency other than the health authority charged
      with responsibility for enforcing ordinances or laws relating to
      the prevention and control of air pollution, such other agency.
        (4) An agency of two or more municipalities located in the same
      State or in different States and having substantial powers or
      duties pertaining to the prevention and control of air pollution.
        (5) An agency of an Indian tribe.

      (c) The term "interstate air pollution control agency" means - 
        (1) an air pollution control agency established by two or more
      States, or
        (2) an air pollution control agency of two or more
      municipalities located in different States.

      (d) The term "State" means a State, the District of Columbia, the
    Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
    Samoa and includes the Commonwealth of the Northern Mariana
    Islands.
      (e) The term "person" includes an individual, corporation,
    partnership, association, State, municipality, political
    subdivision of a State, and any agency, department, or
    instrumentality of the United States and any officer, agent, or
    employee thereof.
      (f) The term "municipality" means a city, town, borough, county,
    parish, district, or other public body created by or pursuant to
    State law.
      (g) The term "air pollutant" means any air pollution agent or
    combination of such agents, including any physical, chemical,
    biological, radioactive (including source material, special nuclear
    material, and byproduct material) substance or matter which is
    emitted into or otherwise enters the ambient air. Such term
    includes any precursors to the formation of any air pollutant, to
    the extent the Administrator has identified such precursor or
    precursors for the particular purpose for which the term "air
    pollutant" is used.
      (h) All language referring to effects on welfare includes, but is
    not limited to, effects on soils, water, crops, vegetation, manmade
    materials, animals, wildlife, weather, visibility, and climate,
    damage to and deterioration of property, and hazards to
    transportation, as well as effects on economic values and on
    personal comfort and well-being, whether caused by transformation,
    conversion, or combination with other air pollutants.
      (i) The term "Federal land manager" means, with respect to any
    lands in the United States, the Secretary of the department with
    authority over such lands.
      (j) Except as otherwise expressly provided, the terms "major
    stationary source" and "major emitting facility" mean any
    stationary facility or source of air pollutants which directly
    emits, or has the potential to emit, one hundred tons per year or
    more of any air pollutant (including any major emitting facility or
    source of fugitive emissions of any such pollutant, as determined
    by rule by the Administrator).
      (k) The terms "emission limitation" and "emission standard" mean
    a requirement established by the State or the Administrator which
    limits the quantity, rate, or concentration of emissions of air
    pollutants on a continuous basis, including any requirement
    relating to the operation or maintenance of a source to assure
    continuous emission reduction, and any design, equipment, work
    practice or operational standard promulgated under this
    chapter..(!1)

      (l) The term "standard of performance" means a requirement of
    continuous emission reduction, including any requirement relating
    to the operation or maintenance of a source to assure continuous
    emission reduction.
      (m) The term "means of emission limitation" means a system of
    continuous emission reduction (including the use of specific
    technology or fuels with specified pollution characteristics).
      (n) The term "primary standard attainment date" means the date
    specified in the applicable implementation plan for the attainment
    of a national primary ambient air quality standard for any air
    pollutant.
      (o) The term "delayed compliance order" means an order issued by
    the State or by the Administrator to an existing stationary source,
    postponing the date required under an applicable implementation
    plan for compliance by such source with any requirement of such
    plan.
      (p) The term "schedule and timetable of compliance" means a
    schedule of required measures including an enforceable sequence of
    actions or operations leading to compliance with an emission
    limitation, other limitation, prohibition, or standard.
      (q) For purposes of this chapter, the term "applicable
    implementation plan" means the portion (or portions) of the
    implementation plan, or most recent revision thereof, which has
    been approved under section 7410 of this title, or promulgated
    under section 7410(c) of this title, or promulgated or approved
    pursuant to regulations promulgated under section 7601(d) of this
    title and which implements the relevant requirements of this
    chapter.
      (r) Indian Tribe. - The term "Indian tribe" means any Indian
    tribe, band, nation, or other organized group or community,
    including any Alaska Native village, which is Federally recognized
    as eligible for the special programs and services provided by the
    United States to Indians because of their status as Indians.
      (s) VOC. - The term "VOC" means volatile organic compound, as
    defined by the Administrator.
      (t) PM-10. - The term "PM-10" means particulate matter with an
    aerodynamic diameter less than or equal to a nominal ten
    micrometers, as measured by such method as the Administrator may
    determine.
      (u) NAAQS and CTG. - The term "NAAQS" means national ambient air
    quality standard. The term "CTG" means a Control Technique
    Guideline published by the Administrator under section 7408 of this
    title.
      (v) NOx. - The term "NOx" means oxides of nitrogen.
      (w) CO. - The term "CO" means carbon monoxide.
      (x) Small Source. - The term "small source" means a source that
    emits less than 100 tons of regulated pollutants per year, or any
    class of persons that the Administrator determines, through
    regulation, generally lack technical ability or knowledge regarding
    control of air pollution.
      (y) Federal Implementation Plan. - The term "Federal
    implementation plan" means a plan (or portion thereof) promulgated
    by the Administrator to fill all or a portion of a gap or otherwise
    correct all or a portion of an inadequacy in a State implementation
    plan, and which includes enforceable emission limitations or other
    control measures, means or techniques (including economic
    incentives, such as marketable permits or auctions of emissions
    allowances), and provides for attainment of the relevant national
    ambient air quality standard.
      (z) Stationary Source. - The term "stationary source" means
    generally any source of an air pollutant except those emissions
    resulting directly from an internal combustion engine for
    transportation purposes or from a nonroad engine or nonroad vehicle
    as defined in section 7550 of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 302, formerly Sec. 9, as
    added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400,
    renumbered Pub. L. 89-272, title I, Sec. 101(4), Oct. 20, 1965, 79
    Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat.
    504; Pub. L. 91-604, Sec. 15(a)(1), (c)(1), Dec. 31, 1970, 84 Stat.
    1710, 1713; Pub. L. 95-95, title II, Sec. 218(c), title III, Sec.
    301, Aug. 7, 1977, 91 Stat. 761, 769; Pub. L. 95-190, Sec.
    14(a)(76), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101-549, title I,
    Secs. 101(d)(4), 107(a), (b), 108(j), 109(b), title III, Sec.
    302(e), title VII, Sec. 709, Nov. 15, 1990, 104 Stat. 2409, 2464,
    2468, 2470, 2574, 2684.)

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

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in subsecs. (b) and (d) of this
    section were contained in a section 1857e of this title, act July
    14, 1955, ch. 360, Sec. 6, 69 Stat. 323, prior to the general
    amendment of this chapter by Pub. L. 88-206.

                                AMENDMENTS                            
      1990 - Subsec. (b)(1) to (3). Pub. L. 101-549, Sec. 107(a)(1),
    (2), struck out "or" at end of par. (3) and substituted periods for
    semicolons at end of pars. (1) to (3).
      Subsec. (b)(5). Pub. L. 101-549, Sec. 107(a)(3), added par. (5).
      Subsec. (g). Pub. L. 101-549, Sec. 108(j)(2), inserted at end
    "Such term includes any precursors to the formation of any air
    pollutant, to the extent the Administrator has identified such
    precursor or precursors for the particular purpose for which the
    term 'air pollutant' is used."
      Subsec. (h). Pub. L. 101-549, Sec. 109(b), inserted before period
    at end ", whether caused by transformation, conversion, or
    combination with other air pollutants".
      Subsec. (k). Pub. L. 101-549, Sec. 303(e), inserted before period
    at end ", and any design, equipment, work practice or operational
    standard promulgated under this chapter."
      Subsec. (q). Pub. L. 101-549, Sec. 101(d)(4), added subsec. (q).
      Subsec. (r). Pub. L. 101-549, Sec. 107(b), added subsec. (r).
      Subsecs. (s) to (y). Pub. L. 101-549, Sec. 108(j)(1), added
    subsecs. (s) to (y).
      Subsec. (z). Pub. L. 101-549, Sec. 709, added subsec. (z).
      1977 - Subsec. (d). Pub. L. 95-95, Sec. 218(c), inserted "and
    includes the Commonwealth of the Northern Mariana Islands" after
    "American Samoa".
      Subsec. (e). Pub. L. 95-190 substituted "individual, corporation"
    for "individual corporation".
      Pub. L. 95-95, Sec. 301(b), expanded definition of "person" to
    include agencies, departments, and instrumentalities of the United
    States and officers, agents, and employees thereof.
      Subsec. (g). Pub. L. 95-95, Sec. 301(c), expanded definition of
    "air pollutant" so as, expressly, to include physical, chemical,
    biological, and radioactive substances or matter emitted into or
    otherwise entering the ambient air.
      Subsecs. (i) to (p). Pub. L. 95-95, Sec. 301(a), added subsecs.
    (i) to (p).
      1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(1), substituted
    definition of "Administrator" as meaning Administrator of the
    Environmental Protection Agency for definition of "Secretary" as
    meaning Secretary of Health, Education, and Welfare.
      Subsecs. (g), (h). Pub. L. 91-604, Sec. 15(a)(1), added subsec.
    (g) defining "air pollutant", redesignated former subsec. (g) as
    (h) and substituted references to effects on soil, water, crops,
    vegetation, manmade materials, animals, wildlife, weather,
    visibility, and climate for references to injury to agricultural
    crops and livestock, and inserted references to effects on economic
    values and on personal comfort and well being.
      1967 - Pub. L. 90-148 reenacted section without change.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

-FOOTNOTE-               

    (!1) So in original.

-End-

-CITE-
    42 USC Sec. 7603                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7603. Emergency powers

-STATUTE-
      Notwithstanding any other provision of this chapter, the
    Administrator, upon receipt of evidence that a pollution source or
    combination of sources (including moving sources) is presenting an
    imminent and substantial endangerment to public health or welfare,
    or the environment, may bring suit on behalf of the United States
    in the appropriate United States district court to immediately
    restrain any person causing or contributing to the alleged
    pollution to stop the emission of air pollutants causing or
    contributing to such pollution or to take such other action as may
    be necessary. If it is not practicable to assure prompt protection
    of public health or welfare or the environment by commencement of
    such a civil action, the Administrator may issue such orders as may
    be necessary to protect public health or welfare or the
    environment. Prior to taking any action under this section, the
    Administrator shall consult with appropriate State and local
    authorities and attempt to confirm the accuracy of the information
    on which the action proposed to be taken is based. Any order issued
    by the Administrator under this section shall be effective upon
    issuance and shall remain in effect for a period of not more than
    60 days, unless the Administrator brings an action pursuant to the
    first sentence of this section before the expiration of that
    period. Whenever the Administrator brings such an action within the
    60-day period, such order shall remain in effect for an additional
    14 days or for such longer period as may be authorized by the court
    in which such action is brought.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 303, as added Pub. L. 91-
    604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L. 95-
    95, title III, Sec. 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L.
    101-549, title VII, Sec. 704, Nov. 15, 1990, 104 Stat. 2681.)

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

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 303 of act July 14, 1955, was renumbered section
    310 by Pub. L. 91-604 and is classified to section 7610 of this
    title.

                                AMENDMENTS                            
      1990 - Pub. L. 101-549, Sec. 704(2)-(5), struck out subsec. (a)
    designation before "Notwithstanding any other", struck out subsec.
    (b) which related to violation of or failure or refusal to comply
    with subsec. (a) orders, and substituted new provisions for
    provisions following first sentence which read as follows: "If it
    is not practicable to assure prompt protection of the health of
    persons solely by commencement of such a civil action, the
    Administrator may issue such orders as may be necessary to protect
    the health of persons who are, or may be, affected by such
    pollution source (or sources). Prior to taking any action under
    this section, the Administrator shall consult with the State and
    local authorities in order to confirm the correctness of the
    information on which the action proposed to be taken is based and
    to ascertain the action which such authorities are, or will be,
    taking. Such order shall be effective for a period of not more than
    twenty-four hours unless the Administrator brings an action under
    the first sentence of this subsection before the expiration of such
    period. Whenever the Administrator brings such an action within
    such period, such order shall be effective for a period of forty-
    eight hours or such longer period as may be authorized by the
    court pending litigation or thereafter."
      Pub. L. 101-549, Sec. 704(1), which directed that "public health
    or welfare, or the environment" be substituted for "the health of
    persons and that appropriate State or local authorities have not
    acted to abate such sources", was executed by making the
    substitution for "the health of persons, and that appropriate State
    or local authorities have not acted to abate such sources" to
    reflect the probable intent of Congress.
      1977 - Pub. L. 95-95 designated existing provisions as subsec.
    (a), inserted provisions that, if it is not practicable to assure
    prompt protection of the health of persons solely by commencement
    of a civil action, the Administrator may issue such orders as may
    be necessary to protect the health of persons who are, or may be,
    affected by such pollution source (or sources), that, prior to
    taking any action under this section, the Administrator consult
    with the State and local authorities in order to confirm the
    correctness of the information on which the action proposed to be
    taken is based and to ascertain the action which such authorities
    are, or will be, taking, that the order be effective for a period
    of not more than twenty-four hours unless the Administrator brings
    an action under the first sentence of this subsection before the
    expiration of such period, and that, whenever the Administrator
    brings such an action within such period, such order be effective
    for a period of forty-eight hours or such longer period as may be
    authorized by the court pending litigation or thereafter, and added
    subsec. (b).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                      PENDING ACTIONS AND PROCEEDINGS                  
      Suits, actions, and other proceedings lawfully commenced by or
    against the Administrator or any other officer or employee of the
    United States in his official capacity or in relation to the
    discharge of his official duties under act July 14, 1955, the Clean
    Air Act, as in effect immediately prior to the enactment of Pub. L.
    95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
    of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
    an Effective Date of 1977 Amendment note under section 7401 of this
    title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7604                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7604. Citizen suits

-STATUTE-
    (a) Authority to bring civil action; jurisdiction
      Except as provided in subsection (b) of this section, any person
    may commence a civil action on his own behalf - 
        (1) against any person (including (i) the United States, and
      (ii) any other governmental instrumentality or agency to the
      extent permitted by the Eleventh Amendment to the Constitution)
      who is alleged to have violated (if there is evidence that the
      alleged violation has been repeated) or to be in violation of (A)
      an emission standard or limitation under this chapter or (B) an
      order issued by the Administrator or a State with respect to such
      a standard or limitation,
        (2) against the Administrator where there is alleged a failure
      of the Administrator to perform any act or duty under this
      chapter which is not discretionary with the Administrator, or
        (3) against any person who proposes to construct or constructs
      any new or modified major emitting facility without a permit
      required under part C of subchapter I of this chapter (relating
      to significant deterioration of air quality) or part D of
      subchapter I of this chapter (relating to nonattainment) or who
      is alleged to have violated (if there is evidence that the
      alleged violation has been repeated) or to be in violation of any
      condition of such permit.

    The district courts shall have jurisdiction, without regard to the
    amount in controversy or the citizenship of the parties, to enforce
    such an emission standard or limitation, or such an order, or to
    order the Administrator to perform such act or duty, as the case
    may be, and to apply any appropriate civil penalties (except for
    actions under paragraph (2)). The district courts of the United
    States shall have jurisdiction to compel (consistent with paragraph
    (2) of this subsection) agency action unreasonably delayed, except
    that an action to compel agency action referred to in section
    7607(b) of this title which is unreasonably delayed may only be
    filed in a United States District Court within the circuit in which
    such action would be reviewable under section 7607(b) of this
    title. In any such action for unreasonable delay, notice to the
    entities referred to in subsection (b)(1)(A) of this section shall
    be provided 180 days before commencing such action.
    (b) Notice
      No action may be commenced - 
        (1) under subsection (a)(1) of this section - 
          (A) prior to 60 days after the plaintiff has given notice of
        the violation (i) to the Administrator, (ii) to the State in
        which the violation occurs, and (iii) to any alleged violator
        of the standard, limitation, or order, or
          (B) if the Administrator or State has commenced and is
        diligently prosecuting a civil action in a court of the United
        States or a State to require compliance with the standard,
        limitation, or order, but in any such action in a court of the
        United States any person may intervene as a matter of right.

        (2) under subsection (a)(2) of this section prior to 60 days
      after the plaintiff has given notice of such action to the
      Administrator,

    except that such action may be brought immediately after such
    notification in the case of an action under this section respecting
    a violation of section 7412(i)(3)(A) or (f)(4) of this title or an
    order issued by the Administrator pursuant to section 7413(a) of
    this title. Notice under this subsection shall be given in such
    manner as the Administrator shall prescribe by regulation.
    (c) Venue; intervention by Administrator; service of complaint;
      consent judgment
      (1) Any action respecting a violation by a stationary source of
    an emission standard or limitation or an order respecting such
    standard or limitation may be brought only in the judicial district
    in which such source is located.
      (2) In any action under this section, the Administrator, if not a
    party, may intervene as a matter of right at any time in the
    proceeding. A judgment in an action under this section to which the
    United States is not a party shall not, however, have any binding
    effect upon the United States.
      (3) Whenever any action is brought under this section the
    plaintiff shall serve a copy of the complaint on the Attorney
    General of the United States and on the Administrator. No consent
    judgment shall be entered in an action brought under this section
    in which the United States is not a party prior to 45 days
    following the receipt of a copy of the proposed consent judgment by
    the Attorney General and the Administrator during which time the
    Government may submit its comments on the proposed consent judgment
    to the court and parties or may intervene as a matter of right.
    (d) Award of costs; security
      The court, in issuing any final order in any action brought
    pursuant to subsection (a) of this section, may award costs of
    litigation (including reasonable attorney and expert witness fees)
    to any party, whenever the court determines such award is
    appropriate. The court may, if a temporary restraining order or
    preliminary injunction is sought, require the filing of a bond or
    equivalent security in accordance with the Federal Rules of Civil
    Procedure.
    (e) Nonrestriction of other rights
      Nothing in this section shall restrict any right which any person
    (or class of persons) may have under any statute or common law to
    seek enforcement of any emission standard or limitation or to seek
    any other relief (including relief against the Administrator or a
    State agency). Nothing in this section or in any other law of the
    United States shall be construed to prohibit, exclude, or restrict
    any State, local, or interstate authority from - 
        (1) bringing any enforcement action or obtaining any judicial
      remedy or sanction in any State or local court, or
        (2) bringing any administrative enforcement action or obtaining
      any administrative remedy or sanction in any State or local
      administrative agency, department or instrumentality,

    against the United States, any department, agency, or
    instrumentality thereof, or any officer, agent, or employee thereof
    under State or local law respecting control and abatement of air
    pollution. For provisions requiring compliance by the United
    States, departments, agencies, instrumentalities, officers, agents,
    and employees in the same manner as nongovernmental entities, see
    section 7418 of this title.
    (f) "Emission standard or limitation under this chapter" defined
      For purposes of this section, the term "emission standard or
    limitation under this chapter" means - 
        (1) a schedule or timetable of compliance, emission limitation,
      standard of performance or emission standard,
        (2) a control or prohibition respecting a motor vehicle fuel or
      fuel additive, or (!1)

        (3) any condition or requirement of a permit under part C of
      subchapter I of this chapter (relating to significant
      deterioration of air quality) or part D of subchapter I of this
      chapter (relating to nonattainment),,(!2) section 7419 of this
      title (relating to primary nonferrous smelter orders), any
      condition or requirement under an applicable implementation plan
      relating to transportation control measures, air quality
      maintenance plans, vehicle inspection and maintenance programs or
      vapor recovery requirements, section 7545(e) and (f) of this
      title (relating to fuels and fuel additives), section 7491 of
      this title (relating to visibility protection), any condition or
      requirement under subchapter VI of this chapter (relating to
      ozone protection), or any requirement under section 7411 or 7412
      of this title (without regard to whether such requirement is
      expressed as an emission standard or otherwise); (!3) or

        (4) any other standard, limitation, or schedule established
      under any permit issued pursuant to subchapter V of this chapter
      or under any applicable State implementation plan approved by the
      Administrator, any permit term or condition, and any requirement
      to obtain a permit as a condition of operations.(!4)

    which is in effect under this chapter (including a requirement
    applicable by reason of section 7418 of this title) or under an
    applicable implementation plan.
    (g) Penalty fund
      (1) Penalties received under subsection (a) of this section shall
    be deposited in a special fund in the United States Treasury for
    licensing and other services. Amounts in such fund are authorized
    to be appropriated and shall remain available until expended, for
    use by the Administrator to finance air compliance and enforcement
    activities. The Administrator shall annually report to the Congress
    about the sums deposited into the fund, the sources thereof, and
    the actual and proposed uses thereof.
      (2) Notwithstanding paragraph (1) the court in any action under
    this subsection to apply civil penalties shall have discretion to
    order that such civil penalties, in lieu of being deposited in the
    fund referred to in paragraph (1), be used in beneficial mitigation
    projects which are consistent with this chapter and enhance the
    public health or the environment. The court shall obtain the view
    of the Administrator in exercising such discretion and selecting
    any such projects. The amount of any such payment in any such
    action shall not exceed $100,000.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 304, as added Pub. L. 91-
    604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1706; amended Pub. L. 95-
    95, title III, Sec. 303(a)-(c), Aug. 7, 1977, 91 Stat. 771, 772;
    Pub. L. 95-190, Sec. 14(a) (77), (78), Nov. 16, 1977, 91 Stat.
    1404; Pub. L. 101-549, title III, Sec. 302(f), title VII, Sec.
    707(a)-(g), Nov. 15, 1990, 104 Stat. 2574, 2682, 2683.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec. (d),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

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

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 304 of act July 14, 1955, was renumbered section
    311 by Pub. L. 91-604 and is classified to section 7611 of this
    title.

                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-549, Sec. 707(a), (f), in closing
    provisions, inserted before period at end ", and to apply any
    appropriate civil penalties (except for actions under paragraph
    (2))" and inserted sentences at end giving courts jurisdiction to
    compel agency action unreasonably delayed and requiring 180 days
    notice prior to commencement of action.
      Subsec. (a)(1), (3). Pub. L. 101-549, Sec. 707(g), inserted "to
    have violated (if there is evidence that the alleged violation has
    been repeated) or" before "to be in violation".
      Subsec. (b). Pub. L. 101-549, Sec. 302(f), substituted "section
    7412(i)(3)(A) or (f)(4)" for "section 7412(c)(1)(B)" in closing
    provisions.
      Subsec. (c)(2). Pub. L. 101-549, Sec. 707(c), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "In such
    action under this section, the Administrator, if not a party, may
    intervene as a matter of right."
      Subsec. (c)(3). Pub. L. 101-549, Sec. 707(d), added subsec.
    (c)(3).
      Subsec. (f)(3). Pub. L. 101-549, Sec. 707(e), struck out "any
    condition or requirement of section 7413(d) of this title (relating
    to certain enforcement orders)" before ", section 7419 of this
    title", substituted "subchapter VI of this chapter" for "part B of
    subchapter I of this chapter", and substituted "; or" for period at
    end.
      Subsec. (f)(4). Pub. L. 101-549, Sec. 707(e), which directed that
    par. (4) be added at end of subsec. (f), was executed by adding
    par. (4) after par. (3), to reflect the probable intent of
    Congress.
      Subsec. (g). Pub. L. 101-549, Sec. 707(b), added subsec. (g).
      1977 - Subsec. (a)(3). Pub. L. 95-190, Sec. 14(a)(77), inserted
    "or modified" after "new".
      Pub. L. 95-95, Sec. 303(a), added subsec. (a)(3).
      Subsec. (e). Pub. L. 95-95, Sec. 303(c), inserted provisions
    which prohibited any construction of this section or any other law
    of the United States which would prohibit, exclude, or restrict any
    State, local, or interstate authority from bringing any enforcement
    action or obtaining any judicial remedy or sanction in any State or
    local court against the United States or bringing any
    administrative enforcement action or obtaining any administrative
    remedy or sanction against the United States in any State or local
    administrative agency, department, or instrumentality under State
    or local law.
      Subsec. (f)(3). Pub. L. 95-190, Sec. 14(a)(78), inserted ", or"
    after "(relating to ozone protection)", substituted "any condition
    or requirement under an" for "requirements under an", and struck
    out "or" before "section 7491".
      Pub. L. 95-95, Sec. 303(b), added par. (3).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 707(g) of Pub. L. 101-549 provided that: "The amendment
    made by this subsection [amending this section] shall take effect
    with respect to actions brought after the date 2 years after the
    enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990]."

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in subsec. (g)(1) of this section, see section 3003 of Pub. L. 104-
    66, as amended, set out as a note under section 1113 of Title 31,
    Money and Finance, and the 6th item on page 165 of House Document
    No. 103-7.

                      PENDING ACTIONS AND PROCEEDINGS                  
      Suits, actions, and other proceedings lawfully commenced by or
    against the Administrator or any other officer or employee of the
    United States in his official capacity or in relation to the
    discharge of his official duties under act July 14, 1955, the Clean
    Air Act, as in effect immediately prior to the enactment of Pub. L.
    95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
    of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
    an Effective Date of 1977 Amendment note under section 7401 of this
    title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-FOOTNOTE-               

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

    (!2) So in original.

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

               

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

-End-

-CITE-
    42 USC Sec. 7605                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7605. Representation in litigation

-STATUTE-
    (a) Attorney General; attorneys appointed by Administrator
      The Administrator shall request the Attorney General to appear
    and represent him in any civil action instituted under this chapter
    to which the Administrator is a party. Unless the Attorney General
    notifies the Administrator that he will appear in such action,
    within a reasonable time, attorneys appointed by the Administrator
    shall appear and represent him.
    (b) Memorandum of understanding regarding legal representation
      In the event the Attorney General agrees to appear and represent
    the Administrator in any such action, such representation shall be
    conducted in accordance with, and shall include participation by,
    attorneys appointed by the Administrator to the extent authorized
    by, the memorandum of understanding between the Department of
    Justice and the Environmental Protection Agency, dated June 13,
    1977, respecting representation of the agency by the department in
    civil litigation.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 305, as added Pub. L. 91-
    604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 95-
    95, title III, Sec. 304(a), Aug. 7, 1977, 91 Stat. 772.)

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

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 305 of act July 14, 1955, as added Nov. 21, 1967,
    Pub. L. 90-148, Sec. 2, 81 Stat. 505, was renumbered section 312 by
    Pub. L. 91-604 and is classified to section 7612 of this title.
      Another prior section 305 of act July 14, 1955, ch. 360, title
    III, formerly Sec. 12, as added Dec. 17, 1963, Pub. L. 88-206, Sec.
    1, 77 Stat. 401, was renumbered section 305 by Pub. L. 89-272,
    renumbered section 308 by Pub. L. 90-148, and renumbered section
    315 by Pub. L. 91-604, and is classified to section 7615 of this
    title.

                                AMENDMENTS                            
      1977 - Pub. L. 95-95 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                      PENDING ACTIONS AND PROCEEDINGS                  
      Suits, actions, and other proceedings lawfully commenced by or
    against the Administrator or any other officer or employee of the
    United States in his official capacity or in relation to the
    discharge of his official duties under act July 14, 1955, the Clean
    Air Act, as in effect immediately prior to the enactment of Pub. L.
    95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
    of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
    an Effective Date of 1977 Amendment note under section 7401 of this
    title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7606                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7606. Federal procurement

-STATUTE-
    (a) Contracts with violators prohibited
      No Federal agency may enter into any contract with any person who
    is convicted of any offense under section 7413(c) of this title for
    the procurement of goods, materials, and services to perform such
    contract at any facility at which the violation which gave rise to
    such conviction occurred if such facility is owned, leased, or
    supervised by such person. The prohibition in the preceding
    sentence shall continue until the Administrator certifies that the
    condition giving rise to such a conviction has been corrected. For
    convictions arising under section 7413(c)(2) of this title, the
    condition giving rise to the conviction also shall be considered to
    include any substantive violation of this chapter associated with
    the violation of 7413(c)(2) of this title. The Administrator may
    extend this prohibition to other facilities owned or operated by
    the convicted person.
    (b) Notification procedures
      The Administrator shall establish procedures to provide all
    Federal agencies with the notification necessary for the purposes
    of subsection (a) of this section.
    (c) Federal agency contracts
      In order to implement the purposes and policy of this chapter to
    protect and enhance the quality of the Nation's air, the President
    shall, not more than 180 days after December 31, 1970, cause to be
    issued an order (1) requiring each Federal agency authorized to
    enter into contracts and each Federal agency which is empowered to
    extend Federal assistance by way of grant, loan, or contract to
    effectuate the purpose and policy of this chapter in such
    contracting or assistance activities, and (2) setting forth
    procedures, sanctions, penalties, and such other provisions, as the
    President determines necessary to carry out such requirement.
    (d) Exemptions; notification to Congress
      The President may exempt any contract, loan, or grant from all or
    part of the provisions of this section where he determines such
    exemption is necessary in the paramount interest of the United
    States and he shall notify the Congress of such exemption.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 306, as added Pub. L. 91-
    604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 101-
    549, title VII, Sec. 705, Nov. 15, 1990, 104 Stat. 2682.)

-COD-
                               CODIFICATION                           
      Subsec. (e) of this section, which required the President to
    annually report to Congress on measures taken toward implementing
    the purpose and intent of this section, terminated, effective May
    15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance. See, also, the 14th item on page 20 of House Document No.
    103-7.
      Section was formerly classified to section 1857h-4 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 306 of act July 14, 1955, ch. 360, title III, as
    added Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506, was
    renumbered section 313 by Pub. L. 91-604 and is classified to
    section 7613 of this title.
      Another prior section 306 of act July 14, 1955, ch. 360, title
    III, formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec.
    1, 77 Stat. 401, renumbered Sec. 306, Oct. 20, 1965, Pub. L. 89-
    272, title I, Sec. 101(4), 79 Stat. 992, renumbered Sec. 309, Nov.
    21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506, renumbered Sec.
    316, Dec. 31, 1970, Pub. L. 91-604, Sec. 12(a), 84 Stat. 1705,
    related to appropriations and was classified to section 1857l of
    this title, prior to repeal by section 306 of Pub. L. 95-95. See
    section 7626 of this title.

                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-549 substituted "section 7413(c)"
    for "section 7413(c)(1)" and inserted sentences at end relating to
    convictions arising under section 7413(c)(2) of this title and
    extension of prohibition to other facilities owned by convicted
    persons.

        FEDERAL ACQUISITION REGULATION: CONTRACTOR CERTIFICATION OR
            CONTRACT CLAUSE FOR ACQUISITION OF COMMERCIAL ITEMS
      Pub. L. 103-355, title VIII, Sec. 8301(g), Oct. 13, 1994, 108
    Stat. 3397, provided that: "The Federal Acquisition Regulation may
    not contain a requirement for a certification by a contractor under
    a contract for the acquisition of commercial items, or a
    requirement that such a contract include a contract clause, in
    order to implement a prohibition or requirement of section 306 of
    the Clean Air Act (42 U.S.C. 7606) or a prohibition or requirement
    issued in the implementation of that section, since there is
    nothing in such section 306 that requires such a certification or
    contract clause."

-EXEC-
                         EXECUTIVE ORDER NO. 11602                     
      Ex. Ord. No. 11602, June 29, 1971, 36 F.R. 12475, which related
    to the administration of the Clean Air Act with respect to Federal
    contracts, grants, or loans, was superseded by Ex. Ord. No. 11738,
    Sept. 10, 1973, 38 F.R. 25161, set out below.

      EX. ORD. NO. 11738. ADMINISTRATION OF THE CLEAN AIR ACT AND THE
        FEDERAL WATER POLLUTION CONTROL ACT WITH RESPECT TO FEDERAL
                        CONTRACTS, GRANTS, OR LOANS
      Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, provided:
      By virtue of the authority vested in me by the provisions of the
    Clean Air Act, as amended (42 U.S.C. 1857 et seq.) [42 U.S.C. 7401
    et seq.], particularly section 306 of that Act as added by the
    Clean Air Amendments of 1970 (Public Law 91-604) [this section],
    and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
    seq.), particularly section 508 of that Act as added by the Federal
    Water Pollution Control Act Amendments of 1972 (Public Law 92-500)
    [33 U.S.C. 1368], it is hereby ordered as follows:
      Section 1. Policy. It is the policy of the Federal Government to
    improve and enhance environmental quality. In furtherance of that
    policy, the program prescribed in this Order is instituted to
    assure that each Federal agency empowered to enter into contracts
    for the procurement of goods, materials, or services and each
    Federal agency empowered to extend Federal assistance by way of
    grant, loan, or contract shall undertake such procurement and
    assistance activities in a manner that will result in effective
    enforcement of the Clean Air Act [this chapter] (hereinafter
    referred to as "the Air Act") and the Federal Water Pollution
    Control Act (hereinafter referred to as "the Water Act") [33 U.S.C.
    1251 et seq.].
      Sec. 2. Designation of Facilities. (a) The Administrator of the
    Environmental Protection Agency (hereinafter referred to as "the
    Administrator") shall be responsible for the attainment of the
    purposes and objectives of this Order.
      (b) In carrying out his responsibilities under this Order, the
    Administrator shall, in conformity with all applicable requirements
    of law, designate facilities which have given rise to a conviction
    for an offense under section 113(c)(1) of the Air Act [42 U.S.C.
    7413(c)(1)] or section 309(c) of the Water Act [33 U.S.C. 1319(c)].
    The Administrator shall, from time to time, publish and circulate
    to all Federal agencies lists of those facilities, together with
    the names and addresses of the persons who have been convicted of
    such offenses. Whenever the Administrator determines that the
    condition which gave rise to a conviction has been corrected, he
    shall promptly remove the facility and the name and address of the
    person concerned from the list.
      Sec. 3. Contracts, Grants, or Loans. (a) Except as provided in
    section 8 of this Order, no Federal agency shall enter into any
    contract for the procurement of goods, materials, or services which
    is to be performed in whole or in part in a facility then
    designated by the Administrator pursuant to section 2.
      (b) Except as provided in section 8 of this Order, no Federal
    agency authorized to extend Federal assistance by way of grant,
    loan, or contract shall extend such assistance in any case in which
    it is to be used to support any activity or program involving the
    use of a facility then designated by the Administrator pursuant to
    section 2.
      Sec. 4. Procurement, Grant, and Loan Regulations. The Federal
    Procurement Regulations, the Armed Services Procurement
    Regulations, and to the extent necessary, any supplemental or
    comparable regulations issued by any agency of the Executive Branch
    shall, following consultation with the Administrator, be amended to
    require, as a condition of entering into, renewing, or extending
    any contract for the procurement of goods, materials, or services
    or extending any assistance by way of grant, loan, or contract,
    inclusion of a provision requiring compliance with the Air Act, the
    Water Act, and standards issued pursuant thereto in the facilities
    in which the contract is to be performed, or which are involved in
    the activity or program to receive assistance.
      Sec. 5. Rules and Regulations. The Administrator shall issue such
    rules, regulations, standards, and guidelines as he may deem
    necessary or appropriate to carry out the purposes of this Order.
      Sec. 6. Cooperation and Assistance. The head of each Federal
    agency shall take such steps as may be necessary to insure that all
    officers and employees of this agency whose duties entail
    compliance or comparable functions with respect to contracts,
    grants, and loans are familiar with the provisions of this Order.
    In addition to any other appropriate action, such officers and
    employees shall report promptly any condition in a facility which
    may involve noncompliance with the Air Act or the Water Act or any
    rules, regulations, standards, or guidelines issued pursuant to
    this Order to the head of the agency, who shall transmit such
    reports to the Administrator.
      Sec. 7. Enforcement. The Administrator may recommend to the
    Department of Justice or other appropriate agency that legal
    proceedings be brought or other appropriate action be taken
    whenever he becomes aware of a breach of any provision required,
    under the amendments issued pursuant to section 4 of this Order, to
    be included in a contract or other agreement.
      Sec. 8. Exemptions - Reports to Congress. (a) Upon a
    determination that the paramount interest of the United States so
    requires - 
      (1) The head of a Federal agency may exempt any contract, grant,
    or loan, and, following consultation with the Administrator, any
    class of contracts, grants or loans from the provisions of this
    Order. In any such case, the head of the Federal agency granting
    such exemption shall (A) promptly notify the Administrator of such
    exemption and the justification therefor; (B) review the necessity
    for each such exemption annually; and (C) report to the
    Administrator annually all such exemptions in effect. Exemptions
    granted pursuant to this section shall be for a period not to
    exceed one year. Additional exemptions may be granted for periods
    not to exceed one year upon the making of a new determination by
    the head of the Federal agency concerned.
      (2) The Administrator may, by rule or regulation, exempt any or
    all Federal agencies from any or all of the provisions of this
    Order with respect to any class or classes of contracts, grants, or
    loans, which (A) involve less than specified dollar amounts, or (B)
    have a minimal potential impact upon the environment, or (C)
    involve persons who are not prime contractors or direct recipients
    of Federal assistance by way of contracts, grants, or loans.
      (b) Federal agencies shall reconsider any exemption granted under
    subsection (a) whenever requested to do so by the Administrator.
      (c) The Administrator shall annually notify the President and the
    Congress of all exemptions granted, or in effect, under this Order
    during the preceding year.
      Sec. 9. Related Actions. The imposition of any sanction or
    penalty under or pursuant to this Order shall not relieve any
    person of any legal duty to comply with any provisions of the Air
    Act or the Water Act.
      Sec. 10. Applicability. This Order shall not apply to contracts,
    grants, or loans involving the use of facilities located outside
    the United States.
      Sec. 11. Uniformity. Rules, regulations, standards, and
    guidelines issued pursuant to this order and section 508 of the
    Water Act [33 U.S.C. 1368] shall, to the maximum extent feasible,
    be uniform with regulations issued pursuant to this order,
    Executive Order No. 11602 of June 29, 1971 [formerly set out
    above], and section 306 of the Air Act [this section].
      Sec. 12. Order Superseded. Executive Order No. 11602 of June 29,
    1971, is hereby superseded.
                                                          Richard Nixon.

-End-

-CITE-
    42 USC Sec. 7607                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7607. Administrative proceedings and judicial review

-STATUTE-
    (a) Administrative subpenas; confidentiality; witnesses
      In connection with any determination under section 7410(f) of
    this title, or for purposes of obtaining information under section
    7521(b)(4) (!1) or 7545(c)(3) of this title, any investigation,
    monitoring, reporting requirement, entry, compliance inspection, or
    administrative enforcement proceeding under the (!2) chapter
    (including but not limited to section 7413, section 7414, section
    7420, section 7429, section 7477, section 7524, section 7525,
    section 7542, section 7603, or section 7606 of this title),,(!3)
    the Administrator may issue subpenas for the attendance and
    testimony of witnesses and the production of relevant papers,
    books, and documents, and he may administer oaths. Except for
    emission data, upon a showing satisfactory to the Administrator by
    such owner or operator that such papers, books, documents, or
    information or particular part thereof, if made public, would
    divulge trade secrets or secret processes of such owner or
    operator, the Administrator shall consider such record, report, or
    information or particular portion thereof confidential in
    accordance with the purposes of section 1905 of title 18, except
    that such paper, book, document, or information may be disclosed to
    other officers, employees, or authorized representatives of the
    United States concerned with carrying out this chapter, to persons
    carrying out the National Academy of Sciences' study and
    investigation provided for in section 7521(c) of this title, or
    when relevant in any proceeding under this chapter. Witnesses
    summoned shall be paid the same fees and mileage that are paid
    witnesses in the courts of the United States. In case of contumacy
    or refusal to obey a subpena served upon any person under this
    subparagraph, the district court of the United States for any
    district in which such person is found or resides or transacts
    business, upon application by the United States and after notice to
    such person, shall have jurisdiction to issue an order requiring
    such person to appear and give testimony before the Administrator
    to appear and produce papers, books, and documents before the
    Administrator, or both, and any failure to obey such order of the
    court may be punished by such court as a contempt thereof.

    (b) Judicial review
      (1) A petition for review of action of the Administrator in
    promulgating any national primary or secondary ambient air quality
    standard, any emission standard or requirement under section 7412
    of this title, any standard of performance or requirement under
    section 7411 of this title, any standard under section 7521 of this
    title (other than a standard required to be prescribed under
    section 7521(b)(1) of this title), any determination under section
    7521(b)(5) (!1) of this title, any control or prohibition under
    section 7545 of this title, any standard under section 7571 of this
    title, any rule issued under section 7413, 7419, or under section
    7420 of this title, or any other nationally applicable regulations
    promulgated, or final action taken, by the Administrator under this
    chapter may be filed only in the United States Court of Appeals for
    the District of Columbia. A petition for review of the
    Administrator's action in approving or promulgating any
    implementation plan under section 7410 of this title or section
    7411(d) of this title, any order under section 7411(j) of this
    title, under section 7412 of this title,,(!3) under section 7419 of
    this title, or under section 7420 of this title, or his action
    under section 1857c-10(c)(2)(A), (B), or (C) of this title (as in
    effect before August 7, 1977) or under regulations thereunder, or
    revising regulations for enhanced monitoring and compliance
    certification programs under section 7414(a)(3) of this title, or
    any other final action of the Administrator under this chapter
    (including any denial or disapproval by the Administrator under
    subchapter I of this chapter) which is locally or regionally
    applicable may be filed only in the United States Court of Appeals
    for the appropriate circuit. Notwithstanding the preceding sentence
    a petition for review of any action referred to in such sentence
    may be filed only in the United States Court of Appeals for the
    District of Columbia if such action is based on a determination of
    nationwide scope or effect and if in taking such action the
    Administrator finds and publishes that such action is based on such
    a determination. Any petition for review under this subsection
    shall be filed within sixty days from the date notice of such
    promulgation, approval, or action appears in the Federal Register,
    except that if such petition is based solely on grounds arising
    after such sixtieth day, then any petition for review under this
    subsection shall be filed within sixty days after such grounds
    arise. The filing of a petition for reconsideration by the
    Administrator of any otherwise final rule or action shall not
    affect the finality of such rule or action for purposes of judicial
    review nor extend the time within which a petition for judicial
    review of such rule or action under this section may be filed, and
    shall not postpone the effectiveness of such rule or action.
      (2) Action of the Administrator with respect to which review
    could have been obtained under paragraph (1) shall not be subject
    to judicial review in civil or criminal proceedings for
    enforcement. Where a final decision by the Administrator defers
    performance of any nondiscretionary statutory action to a later
    time, any person may challenge the deferral pursuant to paragraph
    (1).
    (c) Additional evidence
      In any judicial proceeding in which review is sought of a
    determination under this chapter required to be made on the record
    after notice and opportunity for hearing, if any party applies to
    the court for leave to adduce additional evidence, and shows to the
    satisfaction of the court that such additional evidence is material
    and that there were reasonable grounds for the failure to adduce
    such evidence in the proceeding before the Administrator, the court
    may order such additional evidence (and evidence in rebuttal
    thereof) to be taken before the Administrator, in such manner and
    upon such terms and conditions as to (!4) the court may deem
    proper. The Administrator may modify his findings as to the facts,
    or make new findings, by reason of the additional evidence so taken
    and he shall file such modified or new findings, and his
    recommendation, if any, for the modification or setting aside of
    his original determination, with the return of such additional
    evidence.

    (d) Rulemaking
      (1) This subsection applies to - 
        (A) the promulgation or revision of any national ambient air
      quality standard under section 7409 of this title,
        (B) the promulgation or revision of an implementation plan by
      the Administrator under section 7410(c) of this title,
        (C) the promulgation or revision of any standard of performance
      under section 7411 of this title, or emission standard or
      limitation under section 7412(d) of this title, any standard
      under section 7412(f) of this title, or any regulation under
      section 7412(g)(1)(D) and (F) of this title, or any regulation
      under section 7412(m) or (n) of this title,
        (D) the promulgation of any requirement for solid waste
      combustion under section 7429 of this title,
        (E) the promulgation or revision of any regulation pertaining
      to any fuel or fuel additive under section 7545 of this title,
        (F) the promulgation or revision of any aircraft emission
      standard under section 7571 of this title,
        (G) the promulgation or revision of any regulation under
      subchapter IV-A of this chapter (relating to control of acid
      deposition),
        (H) promulgation or revision of regulations pertaining to
      primary nonferrous smelter orders under section 7419 of this
      title (but not including the granting or denying of any such
      order),
        (I) promulgation or revision of regulations under subchapter VI
      of this chapter (relating to stratosphere and ozone protection),
        (J) promulgation or revision of regulations under part C of
      subchapter I of this chapter (relating to prevention of
      significant deterioration of air quality and protection of
      visibility),
        (K) promulgation or revision of regulations under section 7521
      of this title and test procedures for new motor vehicles or
      engines under section 7525 of this title, and the revision of a
      standard under section 7521(a)(3) of this title,
        (L) promulgation or revision of regulations for noncompliance
      penalties under section 7420 of this title,
        (M) promulgation or revision of any regulations promulgated
      under section 7541 of this title (relating to warranties and
      compliance by vehicles in actual use),
        (N) action of the Administrator under section 7426 of this
      title (relating to interstate pollution abatement),
        (O) the promulgation or revision of any regulation pertaining
      to consumer and commercial products under section 7511b(e) of
      this title,
        (P) the promulgation or revision of any regulation pertaining
      to field citations under section 7413(d)(3) of this title,
        (Q) the promulgation or revision of any regulation pertaining
      to urban buses or the clean-fuel vehicle, clean-fuel fleet, and
      clean fuel programs under part C of subchapter II of this
      chapter,
        (R) the promulgation or revision of any regulation pertaining
      to nonroad engines or nonroad vehicles under section 7547 of this
      title,
        (S) the promulgation or revision of any regulation relating to
      motor vehicle compliance program fees under section 7552 of this
      title,
        (T) the promulgation or revision of any regulation under
      subchapter IV-A of this chapter (relating to acid deposition),
        (U) the promulgation or revision of any regulation under
      section 7511b(f) of this title pertaining to marine vessels, and
        (V) such other actions as the Administrator may determine.

    The provisions of section 553 through 557 and section 706 of title
    5 shall not, except as expressly provided in this subsection, apply
    to actions to which this subsection applies. This subsection shall
    not apply in the case of any rule or circumstance referred to in
    subparagraphs (A) or (B) of subsection 553(b) of title 5.
      (2) Not later than the date of proposal of any action to which
    this subsection applies, the Administrator shall establish a
    rulemaking docket for such action (hereinafter in this subsection
    referred to as a "rule"). Whenever a rule applies only within a
    particular State, a second (identical) docket shall be
    simultaneously established in the appropriate regional office of
    the Environmental Protection Agency.
      (3) In the case of any rule to which this subsection applies,
    notice of proposed rulemaking shall be published in the Federal
    Register, as provided under section 553(b) of title 5, shall be
    accompanied by a statement of its basis and purpose and shall
    specify the period available for public comment (hereinafter
    referred to as the "comment period"). The notice of proposed
    rulemaking shall also state the docket number, the location or
    locations of the docket, and the times it will be open to public
    inspection. The statement of basis and purpose shall include a
    summary of - 
        (A) the factual data on which the proposed rule is based;
        (B) the methodology used in obtaining the data and in analyzing
      the data; and
        (C) the major legal interpretations and policy considerations
      underlying the proposed rule.

    The statement shall also set forth or summarize and provide a
    reference to any pertinent findings, recommendations, and comments
    by the Scientific Review Committee established under section
    7409(d) of this title and the National Academy of Sciences, and, if
    the proposal differs in any important respect from any of these
    recommendations, an explanation of the reasons for such
    differences. All data, information, and documents referred to in
    this paragraph on which the proposed rule relies shall be included
    in the docket on the date of publication of the proposed rule.
      (4)(A) The rulemaking docket required under paragraph (2) shall
    be open for inspection by the public at reasonable times specified
    in the notice of proposed rulemaking. Any person may copy documents
    contained in the docket. The Administrator shall provide copying
    facilities which may be used at the expense of the person seeking
    copies, but the Administrator may waive or reduce such expenses in
    such instances as the public interest requires. Any person may
    request copies by mail if the person pays the expenses, including
    personnel costs to do the copying.
      (B)(i) Promptly upon receipt by the agency, all written comments
    and documentary information on the proposed rule received from any
    person for inclusion in the docket during the comment period shall
    be placed in the docket. The transcript of public hearings, if any,
    on the proposed rule shall also be included in the docket promptly
    upon receipt from the person who transcribed such hearings. All
    documents which become available after the proposed rule has been
    published and which the Administrator determines are of central
    relevance to the rulemaking shall be placed in the docket as soon
    as possible after their availability.
      (ii) The drafts of proposed rules submitted by the Administrator
    to the Office of Management and Budget for any interagency review
    process prior to proposal of any such rule, all documents
    accompanying such drafts, and all written comments thereon by other
    agencies and all written responses to such written comments by the
    Administrator shall be placed in the docket no later than the date
    of proposal of the rule. The drafts of the final rule submitted for
    such review process prior to promulgation and all such written
    comments thereon, all documents accompanying such drafts, and
    written responses thereto shall be placed in the docket no later
    than the date of promulgation.
      (5) In promulgating a rule to which this subsection applies (i)
    the Administrator shall allow any person to submit written
    comments, data, or documentary information; (ii) the Administrator
    shall give interested persons an opportunity for the oral
    presentation of data, views, or arguments, in addition to an
    opportunity to make written submissions; (iii) a transcript shall
    be kept of any oral presentation; and (iv) the Administrator shall
    keep the record of such proceeding open for thirty days after
    completion of the proceeding to provide an opportunity for
    submission of rebuttal and supplementary information.
      (6)(A) The promulgated rule shall be accompanied by (i) a
    statement of basis and purpose like that referred to in paragraph
    (3) with respect to a proposed rule and (ii) an explanation of the
    reasons for any major changes in the promulgated rule from the
    proposed rule.
      (B) The promulgated rule shall also be accompanied by a response
    to each of the significant comments, criticisms, and new data
    submitted in written or oral presentations during the comment
    period.
      (C) The promulgated rule may not be based (in part or whole) on
    any information or data which has not been placed in the docket as
    of the date of such promulgation.
      (7)(A) The record for judicial review shall consist exclusively
    of the material referred to in paragraph (3), clause (i) of
    paragraph (4)(B), and subparagraphs (A) and (B) of paragraph (6).
      (B) Only an objection to a rule or procedure which was raised
    with reasonable specificity during the period for public comment
    (including any public hearing) may be raised during judicial
    review. If the person raising an objection can demonstrate to the
    Administrator that it was impracticable to raise such objection
    within such time or if the grounds for such objection arose after
    the period for public comment (but within the time specified for
    judicial review) and if such objection is of central relevance to
    the outcome of the rule, the Administrator shall convene a
    proceeding for reconsideration of the rule and provide the same
    procedural rights as would have been afforded had the information
    been available at the time the rule was proposed. If the
    Administrator refuses to convene such a proceeding, such person may
    seek review of such refusal in the United States court of appeals
    for the appropriate circuit (as provided in subsection (b) of this
    section). Such reconsideration shall not postpone the effectiveness
    of the rule. The effectiveness of the rule may be stayed during
    such reconsideration, however, by the Administrator or the court
    for a period not to exceed three months.
      (8) The sole forum for challenging procedural determinations made
    by the Administrator under this subsection shall be in the United
    States court of appeals for the appropriate circuit (as provided in
    subsection (b) of this section) at the time of the substantive
    review of the rule. No interlocutory appeals shall be permitted
    with respect to such procedural determinations. In reviewing
    alleged procedural errors, the court may invalidate the rule only
    if the errors were so serious and related to matters of such
    central relevance to the rule that there is a substantial
    likelihood that the rule would have been significantly changed if
    such errors had not been made.
      (9) In the case of review of any action of the Administrator to
    which this subsection applies, the court may reverse any such
    action found to be - 
        (A) arbitrary, capricious, an abuse of discretion, or otherwise
      not in accordance with law;
        (B) contrary to constitutional right, power, privilege, or
      immunity;
        (C) in excess of statutory jurisdiction, authority, or
      limitations, or short of statutory right; or
        (D) without observance of procedure required by law, if (i)
      such failure to observe such procedure is arbitrary or
      capricious, (ii) the requirement of paragraph (7)(B) has been
      met, and (iii) the condition of the last sentence of paragraph
      (8) is met.

      (10) Each statutory deadline for promulgation of rules to which
    this subsection applies which requires promulgation less than six
    months after date of proposal may be extended to not more than six
    months after date of proposal by the Administrator upon a
    determination that such extension is necessary to afford the
    public, and the agency, adequate opportunity to carry out the
    purposes of this subsection.
      (11) The requirements of this subsection shall take effect with
    respect to any rule the proposal of which occurs after ninety days
    after August 7, 1977.
    (e) Other methods of judicial review not authorized
      Nothing in this chapter shall be construed to authorize judicial
    review of regulations or orders of the Administrator under this
    chapter, except as provided in this section.
    (f) Costs
      In any judicial proceeding under this section, the court may
    award costs of litigation (including reasonable attorney and expert
    witness fees) whenever it determines that such award is
    appropriate.
    (g) Stay, injunction, or similar relief in proceedings relating to
      noncompliance penalties
      In any action respecting the promulgation of regulations under
    section 7420 of this title or the administration or enforcement of
    section 7420 of this title no court shall grant any stay,
    injunctive, or similar relief before final judgment by such court
    in such action.
    (h) Public participation
      It is the intent of Congress that, consistent with the policy of
    subchapter II of chapter 5 of title 5, the Administrator in
    promulgating any regulation under this chapter, including a
    regulation subject to a deadline, shall ensure a reasonable period
    for public participation of at least 30 days, except as otherwise
    expressly provided in section (!5) 7407(d), 7502(a), 7511(a) and
    (b), and 7512(a) and (b) of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 307, as added Pub. L. 91-
    604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 92-
    157, title III, Sec. 302(a), Nov. 18, 1971, 85 Stat. 464; Pub. L.
    93-319, Sec. 6(c), June 22, 1974, 88 Stat. 259; Pub. L. 95-95,
    title III, Secs. 303(d), 305(a), (c), (f)-(h), Aug. 7, 1977, 91
    Stat. 772, 776, 777; Pub. L. 95-190, Sec. 14(a)(79), (80), Nov. 16,
    1977, 91 Stat. 1404; Pub. L. 101-549, title I, Secs. 108(p),
    110(5), title III, Sec. 302(g), (h), title VII, Secs. 702(c), 703,
    706, 707(h), 710(b), Nov. 15, 1990, 104 Stat. 2469, 2470, 2574,
    2681-2684.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7521(b)(4) of this title, referred to in subsec. (a), was
    repealed by Pub. L. 101-549, title II, Sec. 230(2), Nov. 15, 1990,
    104 Stat. 2529.
      Section 7521(b)(5) of this title, referred to in subsec. (b)(1),
    was repealed by Pub. L. 101-549, title II, Sec. 230(3), Nov. 15,
    1990, 104 Stat. 2529.
      Section 1857c-10(c)(2)(A), (B), or (C) of this title (as in
    effect before August 7, 1977), referred to in subsec. (b)(1), was
    in the original "section 119(c)(2)(A), (B), or (C) (as in effect
    before the date of enactment of the Clean Air Act Amendments of
    1977)", meaning section 119 of act July 14, 1955, ch. 360, title I,
    as added June 22, 1974, Pub. L. 93-319, Sec. 3, 88 Stat. 248,
    (which was classified to section 1857c-10 of this title) as in
    effect prior to the enactment of Pub. L. 95-95, Aug. 7, 1977, 91
    Stat. 691, effective Aug. 7, 1977. Section 112(b)(1) of Pub. L. 95-
    95 repealed section 119 of act July 14, 1955, ch. 360, title I, as
    added by Pub. L. 93-319, and provided that all references to such
    section 119 in any subsequent enactment which supersedes Pub. L. 93-
    319 shall be construed to refer to section 113(d) of the Clean Air
    Act and to paragraph (5) thereof in particular which is classified
    to subsec. (d)(5) of section 7413 of this title. Section 7413(d) of
    this title was subsequently amended generally by Pub. L. 101-549,
    title VII, Sec. 701, Nov. 15, 1990, 104 Stat. 2672, and, as so
    amended, no longer relates to final compliance orders. Section
    117(b) of Pub. L. 95-95 added a new section 119 of act July 14,
    1955, which is classified to section 7419 of this title.
      Part C of subchapter I of this chapter, referred to in subsec.
    (d)(1)(J), was in the original "subtitle C of title I", and was
    translated as reading "part C of title I" to reflect the probable
    intent of Congress, because title I does not contain subtitles.

-COD-
                               CODIFICATION                           
      In subsec. (h), "subchapter II of chapter 5 of title 5" was
    substituted for "the Administrative Procedures Act" on authority of
    Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
    section of which enacted Title 5, Government Organization and
    Employees.
      Section was formerly classified to section 1857h-5 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 307 of act July 14, 1955, was renumbered section
    314 by Pub. L. 91-604 and is classified to section 7614 of this
    title.
      Another prior section 307 of act July 14, 1955, ch. 360, title
    III, formerly Sec. 14, as added Dec. 17, 1963, Pub. L. 88-206, Sec.
    1, 77 Stat. 401, was renumbered section 307 by Pub. L. 89-272,
    renumbered section 310 by Pub. L. 90-148, and renumbered section
    317 by Pub. L. 91-604, and is set out as a Short Title note under
    section 7401 of this title.

                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-549, Sec. 703, struck out par.
    (1) designation at beginning, inserted provisions authorizing
    issuance of subpoenas and administration of oaths for purposes of
    investigations, monitoring, reporting requirements, entries,
    compliance inspections, or administrative enforcement proceedings
    under this chapter, and struck out "or section 7521(b)(5)" after
    "section 7410(f)".
      Subsec. (b)(1). Pub. L. 101-549, Sec. 706, struck out "under
    section 7413(d) of this title" before ", under section 7419 of this
    title" and inserted at end: "The filing of a petition for
    reconsideration by the Administrator of any otherwise final rule or
    action shall not affect the finality of such rule or action for
    purposes of judicial review nor extend the time within which a
    petition for judicial review of such rule or action under this
    section may be filed, and shall not postpone the effectiveness of
    such rule or action."
      Pub. L. 101-549, Sec. 702(c), inserted "or revising regulations
    for enhanced monitoring and compliance certification programs under
    section 7414(a)(3) of this title," before "or any other final
    action of the Administrator".
      Pub. L. 101-549, Sec. 302(g), substituted "section 7412" for
    "section 7412(c)".
      Subsec. (b)(2). Pub. L. 101-549, Sec. 707(h), inserted sentence
    at end authorizing challenge to deferrals of performance of
    nondiscretionary statutory actions.
      Subsec. (d)(1)(C). Pub. L. 101-549, Sec. 110(5)(A), amended
    subpar. (C) generally. Prior to amendment, subpar. (C) read as
    follows: "the promulgation or revision of any standard of
    performance under section 7411 of this title or emission standard
    under section 7412 of this title,".
      Subsec. (d)(1)(D), (E). Pub. L. 101-549, Sec. 302(h), added
    subpar. (D) and redesignated former subpar. (D) as (E). Former
    subpar. (E) redesignated (F).
      Subsec. (d)(1)(F). Pub. L. 101-549, Sec. 302(h), redesignated
    subpar. (E) as (F). Former subpar. (F) redesignated (G).
      Pub. L. 101-549, Sec. 110(5)(B), amended subpar. (F) generally.
    Prior to amendment, subpar. (F) read as follows: "promulgation or
    revision of regulations pertaining to orders for coal conversion
    under section 7413(d)(5) of this title (but not including orders
    granting or denying any such orders),".
      Subsec. (d)(1)(G), (H). Pub. L. 101-549, Sec. 302(h),
    redesignated subpars. (F) and (G) as (G) and (H), respectively.
    Former subpar. (H) redesignated (I).
      Subsec. (d)(1)(I). Pub. L. 101-549, Sec. 710(b), which directed
    that subpar. (H) be amended by substituting "subchapter VI of this
    chapter" for "part B of subchapter I of this chapter", was executed
    by making the substitution in subpar. (I), to reflect the probable
    intent of Congress and the intervening redesignation of subpar. (H)
    as (I) by Pub. L. 101-549, Sec. 302(h), see below.
      Pub. L. 101-549, Sec. 302(h), redesignated subpar. (H) as (I).
    Former subpar. (I) redesignated (J).
      Subsec. (d)(1)(J) to (M). Pub. L. 101-549, Sec. 302(h),
    redesignated subpars. (I) to (L) as (J) to (M), respectively.
    Former subpar. (M) redesignated (N).
      Subsec. (d)(1)(N). Pub. L. 101-549, Sec. 302(h), redesignated
    subpar. (M) as (N). Former subpar. (N) redesignated (O).
      Pub. L. 101-549, Sec. 110(5)(C), added subpar. (N) and
    redesignated former subpar. (N) as (U).
      Subsec. (d)(1)(O) to (T). Pub. L. 101-549, Sec. 302(h),
    redesignated subpars. (N) to (S) as (O) to (T), respectively.
    Former subpar. (T) redesignated (U).
      Pub. L. 101-549, Sec. 110(5)(C), added subpars. (O) to (T).
      Subsec. (d)(1)(U). Pub. L. 101-549, Sec. 302(h), redesignated
    subpar. (T) as (U). Former subpar. (U) redesignated (V).
      Pub. L. 101-549, Sec. 110(5)(C), redesignated former subpar. (N)
    as (U).
      Subsec. (d)(1)(V). Pub. L. 101-549, Sec. 302(h), redesignated
    subpar. (U) as (V).
      Subsec. (h). Pub. L. 101-549, Sec. 108(p), added subsec. (h).
      1977 - Subsec. (b)(1). Pub. L. 95-190 in text relating to filing
    of petitions for review in the United States Court of Appeals for
    the District of Columbia inserted provision respecting requirements
    under sections 7411 and 7412 of this title, and substituted
    provisions authorizing review of any rule issued under section
    7413, 7419, or 7420 of this title, for provisions authorizing
    review of any rule or order issued under section 7420 of this
    title, relating to noncompliance penalties, and in text relating to
    filing of petitions for review in the United States Court of
    Appeals for the appropriate circuit inserted provision respecting
    review under section 7411(j), 7412(c), 7413(d), or 7419 of this
    title, provision authorizing review under section 1857c-
    10(c)(2)(A), (B), or (C) to the period prior to Aug. 7, 1977, and
    provisions authorizing review of denials or disapprovals by the
    Administrator under subchapter I of this chapter.
      Pub. L. 95-95, Sec. 305(c), (h), inserted rules or orders issued
    under section 7420 of this title (relating to noncompliance
    penalties) and any other nationally applicable regulations
    promulgated, or final action taken, by the Administrator under this
    chapter to the enumeration of actions of the Administrator for
    which a petition for review may be filed only in the United States
    Court of Appeals for the District of Columbia, added the approval
    or promulgation by the Administrator of orders under section 7420
    of this title, or any other final action of the Administrator under
    this chapter which is locally or regionally applicable to the
    enumeration of actions by the Administrator for which a petition
    for review may be filed only in the United States Court of Appeals
    for the appropriate circuit, inserted provision that petitions
    otherwise capable of being filed in the Court of Appeals for the
    appropriate circuit may be filed only in the Court of Appeals for
    the District of Columbia if the action is based on a determination
    of nationwide scope, and increased from 30 days to 60 days the
    period during which the petition must be filed.
      Subsec. (d). Pub. L. 95-95, Sec. 305(a), added subsec. (d).
      Subsec. (e). Pub. L. 95-95, Sec. 303(d), added subsec. (e).
      Subsec. (f). Pub. L. 95-95, Sec. 305(f), added subsec. (f).
      Subsec. (g). Pub. L. 95-95, Sec. 305(g), added subsec. (g).
      1974 - Subsec. (b)(1). Pub. L. 93-319 inserted reference to the
    Administrator's action under section 1857c-10(c)(2)(A), (B), or (C)
    of this title or under regulations thereunder and substituted
    reference to the filing of a petition within 30 days from the date
    of promulgation, approval, or action for reference to the filing of
    a petition within 30 days from the date of promulgation or
    approval.
      1971 - Subsec. (a)(1). Pub. L. 92-157 substituted reference to
    section "7545(c)(3)" for "7545(c)(4)" of this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
    1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

                      PENDING ACTIONS AND PROCEEDINGS                  
      Suits, actions, and other proceedings lawfully commenced by or
    against the Administrator or any other officer or employee of the
    United States in his official capacity or in relation to the
    discharge of his official duties under act July 14, 1955, the Clean
    Air Act, as in effect immediately prior to the enactment of Pub. L.
    95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
    of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
    an Effective Date of 1977 Amendment note under section 7401 of this
    title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

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

    (!3) So in original.

    (!4) So in original. The word "to" probably should not appear.

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

-End-

-CITE-
    42 USC Sec. 7608                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7608. Mandatory licensing

-STATUTE-
      Whenever the Attorney General determines, upon application of the
    Administrator - 
        (1) that - 
          (A) in the implementation of the requirements of section
        7411, 7412, or 7521 of this title, a right under any United
        States letters patent, which is being used or intended for
        public or commercial use and not otherwise reasonably
        available, is necessary to enable any person required to comply
        with such limitation to so comply, and
          (B) there are no reasonable alternative methods to accomplish
        such purpose, and

        (2) that the unavailability of such right may result in a
      substantial lessening of competition or tendency to create a
      monopoly in any line of commerce in any section of the country,

    the Attorney General may so certify to a district court of the
    United States, which may issue an order requiring the person who
    owns such patent to license it on such reasonable terms and
    conditions as the court, after hearing, may determine. Such
    certification may be made to the district court for the district in
    which the person owning the patent resides, does business, or is
    found.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 308, as added Pub. L. 91-
    604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1708.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857h-6 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 308 of act July 14, 1955, was renumbered section
    315 by Pub. L. 91-604 and is classified to section 7615 of this
    title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7609                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7609. Policy review

-STATUTE-
    (a) Environmental impact
      The Administrator shall review and comment in writing on the
    environmental impact of any matter relating to duties and
    responsibilities granted pursuant to this chapter or other
    provisions of the authority of the Administrator, contained in any
    (1) legislation proposed by any Federal department or agency, (2)
    newly authorized Federal projects for construction and any major
    Federal agency action (other than a project for construction) to
    which section 4332(2)(C) of this title applies, and (3) proposed
    regulations published by any department or agency of the Federal
    Government. Such written comment shall be made public at the
    conclusion of any such review.
    (b) Unsatisfactory legislation, action, or regulation
      In the event the Administrator determines that any such
    legislation, action, or regulation is unsatisfactory from the
    standpoint of public health or welfare or environmental quality, he
    shall publish his determination and the matter shall be referred to
    the Council on Environmental Quality.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 309, as added Pub. L. 91-
    604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1709.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857h-7 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 309 of act July 14, 1955, ch. 360, title III,
    formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1,
    77 Stat. 401; renumbered Sec. 306, Oct. 20, 1965, Pub. L. 89-272,
    title I, Sec. 101(4), 79 Stat. 992; renumbered Sec. 309, Nov. 21,
    1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506; renumbered Sec. 316,
    Dec. 31, 1970, Pub. L. 91-604, Sec. 12(a), 84 Stat. 1705, related
    to appropriations and was classified to section 1857l of this
    title, prior to repeal by section 306 of Pub. L. 95-95. See section
    7626 of this title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7610                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7610. Other authority

-STATUTE-
    (a) Authority and responsibilities under other laws not affected
      Except as provided in subsection (b) of this section, this
    chapter shall not be construed as superseding or limiting the
    authorities and responsibilities, under any other provision of law,
    of the Administrator or any other Federal officer, department, or
    agency.
    (b) Nonduplication of appropriations
      No appropriation shall be authorized or made under section 241,
    243, or 246 of this title for any fiscal year after the fiscal year
    ending June 30, 1964, for any purpose for which appropriations may
    be made under authority of this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 310, formerly Sec. 10, as
    added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;
    renumbered Sec. 303, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,
    1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,
    81 Stat. 505; renumbered Sec. 310 and amended Pub. L. 91-604, Secs.
    12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857i of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 310 of act July 14, 1955, was renumbered section
    317 by Pub. L. 91-604 and is set out as a Short Title note under
    section 7401 of this title.
      Provisions similar to those in subsec. (a) of this section were
    contained in section 1857f of this title, act July 14, 1955, ch.
    360, Sec. 7, 69 Stat. 323, prior to the general amendment of this
    chapter by Pub. L. 88-206.

                                AMENDMENTS                            
      1970 - Subsec. (a). Pub. L. 91-604, Sec. 15(c)(2), substituted
    "Administrator" for "Secretary".
      1967 - Subsec. (b). Pub. L. 90-148 substituted reference to
    section 246 of this title for reference to section 246(c) of this
    title.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7611                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7611. Records and audit

-STATUTE-
    (a) Recipients of assistance to keep prescribed records
      Each recipient of assistance under this chapter shall keep such
    records as the Administrator shall prescribe, including records
    which fully disclose the amount and disposition by such recipient
    of the proceeds of such assistance, the total cost of the project
    or undertaking in connection with which such assistance is given or
    used, and the amount of that portion of the cost of the project or
    undertaking supplied by other sources, and such other records as
    will facilitate an effective audit.
    (b) Audits
      The Administrator and the Comptroller General of the United
    States, or any of their duly authorized representatives, shall have
    access for the purpose of audit and examinations to any books,
    documents, papers, and records of the recipients that are pertinent
    to the grants received under this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 311, formerly Sec. 11, as
    added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;
    renumbered Sec. 304, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,
    1965, 79 Stat. 992; amended Pub. L. 90-148, Sec. 2, Nov. 21, 1967,
    81 Stat. 505; renumbered Sec. 311 and amended Pub. L. 91-604, Secs.
    12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857j of this title.

-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"
    for "Secretary" and "Secretary of Health, Education, and Welfare".
      1967 - Pub. L. 90-148 reenacted section without change.

         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

-End-

-CITE-
    42 USC Sec. 7612                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7612. Economic impact analyses

-STATUTE-
    (a) Cost-benefit analysis
      The Administrator, in consultation with the Secretary of
    Commerce, the Secretary of Labor, and the Council on Clean Air
    Compliance Analysis (as established under subsection (f) of this
    section), shall conduct a comprehensive analysis of the impact of
    this chapter on the public health, economy, and environment of the
    United States. In performing such analysis, the Administrator
    should consider the costs, benefits and other effects associated
    with compliance with each standard issued for - 
        (1) a criteria air pollutant subject to a standard issued under
      section 7409 of this title;
        (2) a hazardous air pollutant listed under section 7412 of this
      title, including any technology-based standard and any risk-based
      standard for such pollutant;
        (3) emissions from mobile sources regulated under subchapter II
      of this chapter;
        (4) a limitation under this chapter for emissions of sulfur
      dioxide or nitrogen oxides;
        (5) a limitation under subchapter VI of this chapter on the
      production of any ozone-depleting substance; and
        (6) any other section of this chapter.
    (b) Benefits
      In describing the benefits of a standard described in subsection
    (a) of this section, the Administrator shall consider all of the
    economic, public health, and environmental benefits of efforts to
    comply with such standard. In any case where numerical values are
    assigned to such benefits, a default assumption of zero value shall
    not be assigned to such benefits unless supported by specific data.
    The Administrator shall assess how benefits are measured in order
    to assure that damage to human health and the environment is more
    accurately measured and taken into account.
    (c) Costs
      In describing the costs of a standard described in subsection (a)
    of this section, the Administrator shall consider the effects of
    such standard on employment, productivity, cost of living, economic
    growth, and the overall economy of the United States.
    (d) Initial report
      Not later than 12 months after November 15, 1990, the
    Administrator, in consultation with the Secretary of Commerce, the
    Secretary of Labor, and the Council on Clean Air Compliance
    Analysis, shall submit a report to the Congress that summarizes the
    results of the analysis described in subsection (a) of this
    section, which reports - 
        (1) all costs incurred previous to November 15, 1990, in the
      effort to comply with such standards; and
        (2) all benefits that have accrued to the United States as a
      result of such costs.
    (e) Omitted
    (f) Appointment of Advisory Council on Clean Air Compliance
      Analysis
      Not later than 6 months after November 15, 1990, the
    Administrator, in consultation with the Secretary of Commerce and
    the Secretary of Labor, shall appoint an Advisory Council on Clean
    Air Compliance Analysis of not less than nine members (hereafter in
    this section referred to as the "Council"). In appointing such
    members, the Administrator shall appoint recognized experts in the
    fields of the health and environmental effects of air pollution,
    economic analysis, environmental sciences, and such other fields
    that the Administrator determines to be appropriate.
    (g) Duties of Advisory Council
      The Council shall - 
        (1) review the data to be used for any analysis required under
      this section and make recommendations to the Administrator on the
      use of such data;
        (2) review the methodology used to analyze such data and make
      recommendations to the Administrator on the use of such
      methodology; and
        (3) prior to the issuance of a report required under subsection
      (d) or (e) of this section, review the findings of such report,
      and make recommendations to the Administrator concerning the
      validity and utility of such findings.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 312, formerly Sec. 305, as
    added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 505;
    renumbered Sec. 312 and amended Pub. L. 91-604, Secs. 12(a),
    15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713; Pub. L. 95-95, title
    II, Sec. 224(c), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101-549, title
    VIII, Sec. 812(a), Nov. 15, 1990, 104 Stat. 2691.)

-COD-
                               CODIFICATION                           
      Subsec. (e) of this section, which required the Administrator, in
    consultation with the Secretary of Commerce, the Secretary of
    Labor, and the Council on Clean Air Compliance Analysis, to submit
    a report to Congress that updates the report issued pursuant to
    subsec. (d) of this section, and which, in addition, makes
    projections into the future regarding expected costs, benefits, and
    other effects of compliance with standards pursuant to this chapter
    as listed in subsec. (a) of this section, terminated, effective May
    15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance. See, also, the 4th item on page 163 of House Document No.
    103-7.
      Section was formerly classified to section 1857j-1 of this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-549 amended section generally, substituting
    present provisions for provisions which related to: in subsec. (a),
    detailed cost estimate, comprehensive cost and economic impact
    studies, and annual reevaluation; in subsec. (b), personnel study
    and report to President and Congress; and in subsec. (c), cost-
    effectiveness analyses.
      1977 - Subsec. (c). Pub. L. 95-95 added subsec. (c).
      1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"
    for "Secretary" wherever appearing.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by Congress, its duration is otherwise provided by law.
    See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
    770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

           EQUIVALENT AIR QUALITY CONTROLS AMONG TRADING NATIONS       
      Section 811 of Pub. L. 101-549 provided that:
      "(a) Findings. - The Congress finds that - 
        "(1) all nations have the responsibility to adopt and enforce
      effective air quality standards and requirements and the United
      States, in enacting this Act [see Tables for classification], is
      carrying out its responsibility in this regard;
        "(2) as a result of complying with this Act, businesses in the
      United States will make significant capital investments and incur
      incremental costs in implementing control technology standards;
        "(3) such compliance may impair the competitiveness of certain
      United States jobs, production, processes, and products if
      foreign goods are produced under less costly environmental
      standards and requirements than are United States goods; and
        "(4) mechanisms should be sought through which the United
      States and its trading partners can agree to eliminate or reduce
      competitive disadvantages.
      "(b) Action by the President. - 
        "(1) In general. - Within 18 months after the date of the
      enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
      1990], the President shall submit to the Congress a report - 
          "(A) identifying and evaluating the economic effects of - 
            "(i) the significant air quality standards and controls
          required under this Act, and
            "(ii) the differences between the significant standards and
          controls required under this Act and similar standards and
          controls adopted and enforced by the major trading partners
          of the United States,
      on the international competitiveness of United States
      manufacturers; and
          "(B) containing a strategy for addressing such economic
        effects through trade consultations and negotiations.
        "(2) Additional reporting requirements. - (A) The evaluation
      required under paragraph (1)(A) shall examine the extent to which
      the significant air quality standards and controls required under
      this Act are comparable to existing internationally-agreed norms.
        "(B) The strategy required to be developed under paragraph
      (1)(B) shall include recommended options (such as the
      harmonization of standards and trade adjustment measures) for
      reducing or eliminating competitive disadvantages caused by
      differences in standards and controls between the United States
      and each of its major trading partners.
        "(3) Public comment. - Interested parties shall be given an
      opportunity to submit comments regarding the evaluations and
      strategy required in the report under paragraph (1). The
      President shall take any such comment into account in preparing
      the report.
        "(4) Interim report. - Within 9 months after the date of the
      enactment of the Clean Air Act Amendments of 1990 [Nov. 15,
      1990], the President shall submit to the Congress an interim
      report on the progress being made in complying with paragraph
      (1)."

                     GAO REPORTS ON COSTS AND BENEFITS                 
      Section 812(b) of Pub. L. 101-549, which directed Comptroller
    General, commencing on second year after Nov. 15, 1990, and
    annually thereafter, in consultation with other agencies, to report
    to Congress on pollution control strategies and technologies
    required by Clean Air Act Amendments of 1990, was repealed by Pub.
    L. 104-316, title I, Sec. 122(r), Oct. 19, 1996, 110 Stat. 3838.

-End-

-CITE-
    42 USC Sec. 7613                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7613. Repealed. Pub. L. 101-549, title VIII, Sec. 803, Nov.
      15, 1990, 104 Stat. 2689

-MISC1-
      Section, act July 14, 1955, ch. 360, title III, Sec. 313,
    formerly Sec. 306, as added Nov. 21, 1967, Pub. L. 90-148, Sec. 2,
    81 Stat. 506; renumbered Sec. 313 and amended Dec. 31, 1970, Pub.
    L. 91-604, Secs. 12(a), 15(c)(2), 84 Stat. 1705, 1713; Aug. 7,
    1977, Pub. L. 95-95, title III, Sec. 302(b), 91 Stat. 771, required
    annual report to Congress on progress of programs under this
    chapter.

-End-

-CITE-
    42 USC Sec. 7614                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7614. Labor standards

-STATUTE-
      The Administrator shall take such action as may be necessary to
    insure that all laborers and mechanics employed by contractors or
    subcontractors on projects assisted under this chapter shall be
    paid wages at rates not less than those prevailing for the same
    type of work on similar construction in the locality as determined
    by the Secretary of Labor, in accordance with sections 3141-3144,
    3146, and 3147 of title 40. The Secretary of Labor shall have, with
    respect to the labor standards specified in this subsection,(!1)
    the authority and functions set forth in Reorganization Plan
    Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145
    of title 40.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 314, formerly Sec. 307, as
    added Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 506;
    renumbered Sec. 314 and amended Pub. L. 91-604, Secs. 12(a),
    15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Numbered 14 of 1950, referred to in text, is
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-COD-
                               CODIFICATION                           
      In text, "sections 3141-3144, 3146, and 3147 of title 40"
    substituted for "the Act of March 3, 1931, as amended, known as the
    Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a - 276a-5)" and
    "section 3145 of title 40" substituted for "section 2 of the Act of
    June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)", on
    authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
    1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.
      Section was formerly classified to section 1857j-3 of this title.

-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-604, Sec. 15(c)(2), substituted "Administrator"
    for "Secretary" meaning the Secretary of Health, Education, and
    Welfare.

-FOOTNOTE-
    (!1) So in original. Probably should be "section,".

-End-

-CITE-
    42 USC Sec. 7615                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7615. Separability

-STATUTE-
      If any provision of this chapter, or the application of any
    provision of this chapter to any person or circumstance, is held
    invalid, the application of such provision to other persons or
    circumstances, and the remainder of this chapter shall not be
    affected thereby.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 315, formerly Sec. 12, as
    added Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 401;
    renumbered Sec. 305, Pub. L. 89-272, title I, Sec. 101(4), Oct. 20,
    1965, 79 Stat. 992; renumbered Sec. 308 and amended, Pub. L. 90-
    148, Sec. 2, Nov. 21, 1967, 81 Stat. 506; renumbered Sec. 315,
    Pub. L. 91-604, Sec. 12(a), Dec. 31, 1970, 84 Stat. 1705.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1857k of this title.

-MISC1-
                                AMENDMENTS                            
      1967 - Pub. L. 90-148 reenacted section without change.

-End-

-CITE-
    42 USC Sec. 7616                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7616. Sewage treatment grants

-STATUTE-
    (a) Construction
      No grant which the Administrator is authorized to make to any
    applicant for construction of sewage treatment works in any area in
    any State may be withheld, conditioned, or restricted by the
    Administrator on the basis of any requirement of this chapter
    except as provided in subsection (b) of this section.
    (b) Withholding, conditioning, or restriction of construction
      grants
      The Administrator may withhold, condition, or restrict the making
    of any grant for construction referred to in subsection (a) of this
    section only if he determines that - 
        (1) such treatment works will not comply with applicable
      standards under section 7411 or 7412 of this title,
        (2) the State does not have in effect, or is not carrying out,
      a State implementation plan approved by the Administrator which
      expressly quantifies and provides for the increase in emissions
      of each air pollutant (from stationary and mobile sources in any
      area to which either part C or part D of subchapter I of this
      chapter applies for such pollutant) which increase may reasonably
      be anticipated to result directly or indirectly from the new
      sewage treatment capacity which would be created by such
      construction.(!1)

        (3) the construction of such treatment works would create new
      sewage treatment capacity which - 
          (A) may reasonably be anticipated to cause or contribute to,
        directly or indirectly, an increase in emissions of any air
        pollutant in excess of the increase provided for under the
        provisions referred to in paragraph (2) for any such area, or
          (B) would otherwise not be in conformity with the applicable
        implementation plan, or

        (4) such increase in emissions would interfere with, or be
      inconsistent with, the applicable implementation plan for any
      other State.

    In the case of construction of a treatment works which would
    result, directly or indirectly, in an increase in emissions of any
    air pollutant from stationary and mobile sources in an area to
    which part D of subchapter I of this chapter applies, the
    quantification of emissions referred to in paragraph (2) shall
    include the emissions of any such pollutant resulting directly or
    indirectly from areawide and nonmajor stationary source growth
    (mobile and stationary) for each such area.
    (c) National Environmental Policy Act
      Nothing in this section shall be construed to amend or alter any
    provision of the National Environmental Policy Act [42 U.S.C. 4321
    et seq.] or to affect any determination as to whether or not the
    requirements of such Act have been met in the case of the
    construction of any sewage treatment works.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 316, as added Pub. L. 95-
    95, title III, Sec. 306, Aug. 7, 1977, 91 Stat. 777.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act, referred to in subsec.
    (c), probably means the National Environmental Policy Act of 1969,
    Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
    classified generally to chapter 55 (Sec. 4321 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 4321 of this title and
    Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 316 of act July 14, 1955, ch. 360, title III,
    formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1,
    77 Stat. 401; renumbered Sec. 306 and amended Oct. 20, 1965, Pub.
    L. 89-272, title I, Sec. 101(4), (6), (7), 79 Stat. 992; Oct. 15,
    1966, Pub. L. 89-675, Sec. 2(a), 80 Stat. 954; renumbered Sec. 309
    and amended Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506;
    renumbered Sec. 316 and amended Dec. 31, 1970, Pub. L. 91-604,
    Secs. 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub. L. 93-
    15, Sec. 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93-319, Sec.
    13(c), 88 Stat. 265, authorized appropriations for air pollution
    control, prior to repeal by section 306 of Pub. L. 95-95. See
    section 7626 of this title.

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-FOOTNOTE-               

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

-End-

-CITE-
    42 USC Sec. 7617                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7617. Economic impact assessment

-STATUTE-
    (a) Notice of proposed rulemaking; substantial revisions
      This section applies to action of the Administrator in
    promulgating or revising - 
        (1) any new source standard of performance under section 7411
      of this title,
        (2) any regulation under section 7411(d) of this title,
        (3) any regulation under part B (!1) of subchapter I of this
      chapter (relating to ozone and stratosphere protection),

        (4) any regulation under part C of subchapter I of this chapter
      (relating to prevention of significant deterioration of air
      quality),
        (5) any regulation establishing emission standards under
      section 7521 of this title and any other regulation promulgated
      under that section,
        (6) any regulation controlling or prohibiting any fuel or fuel
      additive under section 7545(c) of this title, and
        (7) any aircraft emission standard under section 7571 of this
      title.

    Nothing in this section shall apply to any standard or regulation
    described in paragraphs (1) through (7) of this subsection unless
    the notice of proposed rulemaking in connection with such standard
    or regulation is published in the Federal Register after the date
    ninety days after August 7, 1977. In the case of revisions of such
    standards or regulations, this section shall apply only to
    revisions which the Administrator determines to be substantial
    revisions.
    (b) Preparation of assessment by Administrator
      Before publication of notice of proposed rulemaking with respect
    to any standard or regulation to which this section applies, the
    Administrator shall prepare an economic impact assessment
    respecting such standard or regulation. Such assessment shall be
    included in the docket required under section 7607(d)(2) of this
    title and shall be available to the public as provided in section
    7607(d)(4) of this title. Notice of proposed rulemaking shall
    include notice of such availability together with an explanation of
    the extent and manner in which the Administrator has considered the
    analysis contained in such economic impact assessment in proposing
    the action. The Administrator shall also provide such an
    explanation in his notice of promulgation of any regulation or
    standard referred to in subsection (a) of this section. Each such
    explanation shall be part of the statements of basis and purpose
    required under sections 7607(d)(3) and 7607(d)(6) of this title.
    (c) Analysis
      Subject to subsection (d) of this section, the assessment
    required under this section with respect to any standard or
    regulation shall contain an analysis of - 
        (1) the costs of compliance with any such standard or
      regulation, including extent to which the costs of compliance
      will vary depending on (A) the effective date of the standard or
      regulation, and (B) the development of less expensive, more
      efficient means or methods of compliance with the standard or
      regulation;
        (2) the potential inflationary or recessionary effects of the
      standard or regulation;
        (3) the effects on competition of the standard or regulation
      with respect to small business;
        (4) the effects of the standard or regulation on consumer
      costs; and
        (5) the effects of the standard or regulation on energy use.

    Nothing in this section shall be construed to provide that the
    analysis of the factors specified in this subsection affects or
    alters the factors which the Administrator is required to consider
    in taking any action referred to in subsection (a) of this section.
    (d) Extensiveness of assessment
      The assessment required under this section shall be as extensive
    as practicable, in the judgment of the Administrator taking into
    account the time and resources available to the Environmental
    Protection Agency and other duties and authorities which the
    Administrator is required to carry out under this chapter.
    (e) Limitations on construction of section
      Nothing in this section shall be construed - 
        (1) to alter the basis on which a standard or regulation is
      promulgated under this chapter;
        (2) to preclude the Administrator from carrying out his
      responsibility under this chapter to protect public health and
      welfare; or
        (3) to authorize or require any judicial review of any such
      standard or regulation, or any stay or injunction of the
      proposal, promulgation, or effectiveness of such standard or
      regulation on the basis of failure to comply with this section.
    (f) Citizen suits
      The requirements imposed on the Administrator under this section
    shall be treated as nondiscretionary duties for purposes of section
    7604(a)(2) of this title, relating to citizen suits. The sole
    method for enforcement of the Administrator's duty under this
    section shall be by bringing a citizen suit under such section
    7604(a)(2) for a court order to compel the Administrator to perform
    such duty. Violation of any such order shall subject the
    Administrator to penalties for contempt of court.
    (g) Costs
      In the case of any provision of this chapter in which costs are
    expressly required to be taken into account, the adequacy or
    inadequacy of any assessment required under this section may be
    taken into consideration, but shall not be treated for purposes of
    judicial review of any such provision as conclusive with respect to
    compliance or noncompliance with the requirement of such provision
    to take cost into account.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 317, as added Pub. L. 95-
    95, title III, Sec. 307, Aug. 7, 1977, 91 Stat. 778; amended Pub.
    L. 95-623, Sec. 13(d), Nov. 9, 1978, 92 Stat. 3458.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part B of subchapter I of this chapter, referred to in subsec.
    (a)(3), was repealed by Pub. L. 101-549, title VI, Sec. 601, Nov.
    15, 1990, 104 Stat. 2648. See subchapter VI (Sec. 7671 et seq.) of
    this chapter.

-COD-
                               CODIFICATION                           
      Another section 317 of act July 14, 1955, is set out as a Short
    Title note under section 7401 of this title.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a)(1). Pub. L. 95-623 substituted "section 7411"
    for "section 7411(b)".

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7618                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7618. Repealed. Pub. L. 101-549, title I, Sec. 108(q), Nov.
      15, 1990, 104 Stat. 2469

-MISC1-
      Section, act July 14, 1955, ch. 360, title III, Sec. 318, as
    added Aug. 7, 1977, Pub. L. 95-95, title III, Sec. 308, 91 Stat.
    780, related to financial disclosure and conflicts of interest.

-End-

-CITE-
    42 USC Sec. 7619                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7619. Air quality monitoring

-STATUTE-
    (a) In general
      After notice and opportunity for public hearing, the
    Administrator shall promulgate regulations establishing an air
    quality monitoring system throughout the United States which - 
        (1) utilizes uniform air quality monitoring criteria and
      methodology and measures such air quality according to a uniform
      air quality index,
        (2) provides for air quality monitoring stations in major urban
      areas and other appropriate areas throughout the United States to
      provide monitoring such as will supplement (but not duplicate)
      air quality monitoring carried out by the States required under
      any applicable implementation plan,
        (3) provides for daily analysis and reporting of air quality
      based upon such uniform air quality index, and
        (4) provides for recordkeeping with respect to such monitoring
      data and for periodic analysis and reporting to the general
      public by the Administrator with respect to air quality based
      upon such data.

    The operation of such air quality monitoring system may be carried
    out by the Administrator or by such other departments, agencies, or
    entities of the Federal Government (including the National Weather
    Service) as the President may deem appropriate. Any air quality
    monitoring system required under any applicable implementation plan
    under section 7410 of this title shall, as soon as practicable
    following promulgation of regulations under this section, utilize
    the standard criteria and methodology, and measure air quality
    according to the standard index, established under such
    regulations.
    (b) Air quality monitoring data influenced by exceptional events
      (1) Definition of exceptional event
        In this section:
        (A) In general
          The term "exceptional event" means an event that - 
            (i) affects air quality;
            (ii) is not reasonably controllable or preventable;
            (iii) is an event caused by human activity that is unlikely
          to recur at a particular location or a natural event; and
            (iv) is determined by the Administrator through the process
          established in the regulations promulgated under paragraph
          (2) to be an exceptional event.
        (B) Exclusions
          In this subsection, the term "exceptional event" does not
        include - 
            (i) stagnation of air masses or meteorological inversions;
            (ii) a meteorological event involving high temperatures or
          lack of precipitation; or
            (iii) air pollution relating to source noncompliance.
      (2) Regulations
        (A) Proposed regulations
          Not later than March 1, 2006, after consultation with Federal
        land managers and State air pollution control agencies, the
        Administrator shall publish in the Federal Register proposed
        regulations governing the review and handling of air quality
        monitoring data influenced by exceptional events.
        (B) Final regulations
          Not later than 1 year after the date on which the
        Administrator publishes proposed regulations under subparagraph
        (A), and after providing an opportunity for interested persons
        to make oral presentations of views, data, and arguments
        regarding the proposed regulations, the Administrator shall
        promulgate final regulations governing the review and handling
        or (!1) air quality monitoring data influenced by an
        exceptional event that are consistent with paragraph (3).

      (3) Principles and requirements
        (A) Principles
          In promulgating regulations under this section, the
        Administrator shall follow - 
            (i) the principle that protection of public health is the
          highest priority;
            (ii) the principle that timely information should be
          provided to the public in any case in which the air quality
          is unhealthy;
            (iii) the principle that all ambient air quality data
          should be included in a timely manner,(!2) an appropriate
          Federal air quality database that is accessible to the
          public;

            (iv) the principle that each State must take necessary
          measures to safeguard public health regardless of the source
          of the air pollution; and
            (v) the principle that air quality data should be carefully
          screened to ensure that events not likely to recur are
          represented accurately in all monitoring data and analyses.
        (B) Requirements
          Regulations promulgated under this section shall, at a
        minimum, provide that - 
            (i) the occurrence of an exceptional event must be
          demonstrated by reliable, accurate data that is promptly
          produced and provided by Federal, State, or local government
          agencies;
            (ii) a clear causal relationship must exist between the
          measured exceedances of a national ambient air quality
          standard and the exceptional event to demonstrate that the
          exceptional event caused a specific air pollution
          concentration at a particular air quality monitoring
          location;
            (iii) there is a public process for determining whether an
          event is exceptional; and
            (iv) there are criteria and procedures for the Governor of
          a State to petition the Administrator to exclude air quality
          monitoring data that is directly due to exceptional events
          from use in determinations by the Administrator with respect
          to exceedances or violations of the national ambient air
          quality standards.
      (4) Interim provision
        Until the effective date of a regulation promulgated under
      paragraph (2), the following guidance issued by the Administrator
      shall continue to apply:
          (A) Guidance on the identification and use of air quality
        data affected by exceptional events (July 1986).
          (B) Areas affected by PM-10 natural events, May 30, 1996.
          (C) Appendices I, K, and N to part 50 of title 40, Code of
        Federal Regulations.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 319, as added Pub. L. 95-
    95, title III, Sec. 309, Aug. 7, 1977, 91 Stat. 781; amended Pub.
    L. 109-59, title VI, Sec. 6013(a), Aug. 10, 2005, 119 Stat. 1882.)

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 designated existing provisions as subsec.
    (a), inserted heading, substituted "After notice and opportunity
    for public hearing" for "Not later than one year after August 7,
    1977, and after notice and opportunity for public hearing", and
    added subsec. (b).

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should be "of".

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

-End-

-CITE-
    42 USC Sec. 7620                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7620. Standardized air quality modeling

-STATUTE-
    (a) Conferences
      Not later than six months after August 7, 1977, and at least
    every three years thereafter, the Administrator shall conduct a
    conference on air quality modeling. In conducting such conference,
    special attention shall be given to appropriate modeling necessary
    for carrying out part C of subchapter I of this chapter (relating
    to prevention of significant deterioration of air quality).
    (b) Conferees
      The conference conducted under this section shall provide for
    participation by the National Academy of Sciences, representatives
    of State and local air pollution control agencies, and appropriate
    Federal agencies, including the National Science Foundation; (!1)
    the National Oceanic and Atmospheric Administration, and the
    National Institute of Standards and Technology.

    (c) Comments; transcripts
      Interested persons shall be permitted to submit written comments
    and a verbatim transcript of the conference proceedings shall be
    maintained.
    (d) Promulgation and revision of regulations relating to air
      quality modeling
      The comments submitted and the transcript maintained pursuant to
    subsection (c) of this section shall be included in the docket
    required to be established for purposes of promulgating or revising
    any regulation relating to air quality modeling under part C of
    subchapter I of this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 320, as added Pub. L. 95-
    95, title III, Sec. 310, Aug. 7, 1977, 91 Stat. 782; amended Pub.
    L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-418 substituted "National
    Institute of Standards and Technology" for "National Bureau of
    Standards".

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-FOOTNOTE-
    (!1) So in original. The semicolon probably should be a comma.

-End-

-CITE-
    42 USC Sec. 7621                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7621. Employment effects

-STATUTE-
    (a) Continuous evaluation of potential loss or shifts of employment
      The Administrator shall conduct continuing evaluations of
    potential loss or shifts of employment which may result from the
    administration or enforcement of the provision of this chapter and
    applicable implementation plans, including where appropriate,
    investigating threatened plant closures or reductions in employment
    allegedly resulting from such administration or enforcement.
    (b) Request for investigation; hearings; record; report
      Any employee, or any representative of such employee, who is
    discharged or laid off, threatened with discharge or layoff, or
    whose employment is otherwise adversely affected or threatened to
    be adversely affected because of the alleged results of any
    requirement imposed or proposed to be imposed under this chapter,
    including any requirement applicable to Federal facilities and any
    requirement imposed by a State or political subdivision thereof,
    may request the Administrator to conduct a full investigation of
    the matter. Any such request shall be reduced to writing, shall set
    forth with reasonable particularity the grounds for the request,
    and shall be signed by the employee, or representative of such
    employee, making the request. The Administrator shall thereupon
    investigate the matter and, at the request of any party, shall hold
    public hearings on not less than five days' notice. At such
    hearings, the Administrator shall require the parties, including
    the employer involved, to present information relating to the
    actual or potential effect of such requirements on employment and
    the detailed reasons or justification therefor. If the
    Administrator determines that there are no reasonable grounds for
    conducting a public hearing he shall notify (in writing) the party
    requesting such hearing of such a determination and the reasons
    therefor. If the Administrator does convene such a hearing, the
    hearing shall be on the record. Upon receiving the report of such
    investigation, the Administrator shall make findings of fact as to
    the effect of such requirements on employment and on the alleged
    actual or potential discharge, layoff, or other adverse effect on
    employment, and shall make such recommendations as he deems
    appropriate. Such report, findings, and recommendations shall be
    available to the public.
    (c) Subpenas; confidential information; witnesses; penalty
      In connection with any investigation or public hearing conducted
    under subsection (b) of this section or as authorized in section
    7419 of this title (relating to primary nonferrous smelter orders),
    the Administrator may issue subpenas for the attendance and
    testimony of witnesses and the production of relevant papers, books
    and documents, and he may administer oaths. Except for emission
    data, upon a showing satisfactory to the Administrator by such
    owner or operator that such papers, books, documents, or
    information or particular part thereof, if made public, would
    divulge trade secrets or secret processes of such owner, or
    operator, the Administrator shall consider such record, report, or
    information or particular portion thereof confidential in
    accordance with the purposes of section 1905 of title 18, except
    that such paper, book, document, or information may be disclosed to
    other officers, employees, or authorized representatives of the
    United States concerned with carrying out this chapter, or when
    relevant in any proceeding under this chapter. Witnesses summoned
    shall be paid the same fees and mileage that are paid witnesses in
    the courts of the United States. In cases of contumacy or refusal
    to obey a subpena served upon any person under this
    subparagraph,(!1) the district court of the United States for any
    district in which such person is found or resides or transacts
    business, upon application by the United States and after notice to
    such person, shall have jurisdiction to issue an order requiring
    such person to appear and give testimony before the Administrator,
    to appear and produce papers, books, and documents before the
    Administrator, or both, and any failure to obey such order of the
    court may be punished by such court as a contempt thereof.

    (d) Limitations on construction of section
      Nothing in this section shall be construed to require or
    authorize the Administrator, the States, or political subdivisions
    thereof, to modify or withdraw any requirement imposed or proposed
    to be imposed under this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 321, as added Pub. L. 95-
    95, title III, Sec. 311, Aug. 7, 1977, 91 Stat. 782.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

                STUDY OF POTENTIAL DISLOCATION OF EMPLOYEES            
      Section 403(e) of Pub. L. 95-95 provided that the Secretary of
    Labor, in consultation with the Administrator, conduct a study of
    potential dislocation of employees due to implementation of laws
    administered by the Administrator and that the Secretary submit to
    Congress the results of the study not more than one year after Aug.
    7, 1977.

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection,"

-End-

-CITE-
    42 USC Sec. 7622                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7622. Employee protection

-STATUTE-
    (a) Discharge or discrimination prohibited
      No employer may discharge any employee or otherwise discriminate
    against any employee with respect to his compensation, terms,
    conditions, or privileges of employment because the employee (or
    any person acting pursuant to a request of the employee) - 
        (1) commenced, caused to be commenced, or is about to commence
      or cause to be commenced a proceeding under this chapter or a
      proceeding for the administration or enforcement of any
      requirement imposed under this chapter or under any applicable
      implementation plan,
        (2) testified or is about to testify in any such proceeding, or
        (3) assisted or participated or is about to assist or
      participate in any manner in such a proceeding or in any other
      action to carry out the purposes of this chapter.
    (b) Complaint charging unlawful discharge or discrimination;
      investigation; order
      (1) Any employee who believes that he has been discharged or
    otherwise discriminated against by any person in violation of
    subsection (a) of this section may, within thirty days after such
    violation occurs, file (or have any person file on his behalf) a
    complaint with the Secretary of Labor (hereinafter in this
    subsection referred to as the "Secretary") alleging such discharge
    or discrimination. Upon receipt of such a complaint, the Secretary
    shall notify the person named in the complaint of the filing of the
    complaint.
      (2)(A) Upon receipt of a complaint filed under paragraph (1), the
    Secretary shall conduct an investigation of the violation alleged
    in the complaint. Within thirty days of the receipt of such
    complaint, the Secretary shall complete such investigation and
    shall notify in writing the complainant (and any person acting in
    his behalf) and the person alleged to have committed such violation
    of the results of the investigation conducted pursuant to this
    subparagraph. Within ninety days of the receipt of such complaint
    the Secretary shall, unless the proceeding on the complaint is
    terminated by the Secretary on the basis of a settlement entered
    into by the Secretary and the person alleged to have committed such
    violation, issue an order either providing the relief prescribed by
    subparagraph (B) or denying the complaint. An order of the
    Secretary shall be made on the record after notice and opportunity
    for public hearing. The Secretary may not enter into a settlement
    terminating a proceeding on a complaint without the participation
    and consent of the complainant.
      (B) If, in response to a complaint filed under paragraph (1), the
    Secretary determines that a violation of subsection (a) of this
    section has occurred, the Secretary shall order the person who
    committed such violation to (i) take affirmative action to abate
    the violation, and (ii) reinstate the complainant to his former
    position together with the compensation (including back pay),
    terms, conditions, and privileges of his employment, and the
    Secretary may order such person to provide compensatory damages to
    the complainant. If an order is issued under this paragraph, the
    Secretary, at the request of the complainant, shall assess against
    the person against whom the order is issued a sum equal to the
    aggregate amount of all costs and expenses (including attorneys'
    and expert witness fees) reasonably incurred, as determined by the
    Secretary, by the complainant for, or in connection with, the
    bringing of the complaint upon which the order was issued.
    (c) Review
      (1) Any person adversely affected or aggrieved by an order issued
    under subsection (b) of this section may obtain review of the order
    in the United States court of appeals for the circuit in which the
    violation, with respect to which the order was issued, allegedly
    occurred. The petition for review must be filed within sixty days
    from the issuance of the Secretary's order. Review shall conform to
    chapter 7 of title 5. The commencement of proceedings under this
    subparagraph (!1) shall not, unless ordered by the court, operate
    as a stay of the Secretary's order.

      (2) An order of the Secretary with respect to which review could
    have been obtained under paragraph (1) shall not be subject to
    judicial review in any criminal or other civil proceeding.
    (d) Enforcement of order by Secretary
      Whenever a person has failed to comply with an order issued under
    subsection (b)(2) of this section, the Secretary may file a civil
    action in the United States district court for the district in
    which the violation was found to occur to enforce such order. In
    actions brought under this subsection, the district courts shall
    have jurisdiction to grant all appropriate relief including, but
    not limited to, injunctive relief, compensatory, and exemplary
    damages.
    (e) Enforcement of order by person on whose behalf order was issued
      (1) Any person on whose behalf an order was issued under
    paragraph (2) of subsection (b) of this section may commence a
    civil action against the person to whom such order was issued to
    require compliance with such order. The appropriate United States
    district court shall have jurisdiction, without regard to the
    amount in controversy or the citizenship of the parties, to enforce
    such order.
      (2) The court, in issuing any final order under this subsection,
    may award costs of litigation (including reasonable attorney and
    expert witness fees) to any party whenever the court determines
    such award is appropriate.
    (f) Mandamus
      Any nondiscretionary duty imposed by this section shall be
    enforceable in a mandamus proceeding brought under section 1361 of
    title 28.
    (g) Deliberate violation by employee
      Subsection (a) of this section shall not apply with respect to
    any employee who, acting without direction from his employer (or
    the employer's agent), deliberately causes a violation of any
    requirement of this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 322, as added Pub. L. 95-
    95, title III, Sec. 312, Aug. 7, 1977, 91 Stat. 783.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    42 USC Sec. 7623                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7623. Repealed. Pub. L. 96-300, Sec. 1(c), July 2, 1980, 94
      Stat. 831

-MISC1-
      Section, act July 14, 1955, ch. 360, title III, Sec. 323, as
    added Aug. 7, 1977, Pub. L. 95-95, title III, Sec. 313, 91 Stat.
    785; amended Nov. 16, 1977, Pub. L. 95-190, Sec. 14(a)(81), 91
    Stat. 1404; S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980;
    July 2, 1980, Pub. L. 96-300, Sec. 1(a), 94 Stat. 831, established
    a National Commission on Air Quality, prescribed numerous subjects
    for study and report to Congress, enumerated specific questions for
    study and investigation, required specific identification of loss
    or irretrievable commitment of resources, and provided for
    appointment and confirmation of its membership, cooperation of
    Federal executive agencies, submission of a National Academy of
    Sciences study to Congress, compensation and travel expenses,
    termination of Commission, appointment and compensation of staff,
    and public participation.

                         EFFECTIVE DATE OF REPEAL                     
      Section 1(c) of Pub. L. 96-300 provided that this section is
    repealed on date on which National Commission on Air Quality ceases
    to exist pursuant to provisions of former subsec. (g) of this
    section, which provided that not later than Mar. 1, 1981, a report
    be submitted containing results of all Commission studies and
    investigations and that Commission cease to exist on Mar. 1, 1981,
    if report is not submitted on Mar. 1, 1981, or Commission would
    cease to exist on such date, but not later than May 1, 1981, as
    determined and ordered by Commission if report is submitted on Mar.
    1, 1981.

         NATIONAL COMMISSION ON AIR QUALITY; EXTENSION PROHIBITION     
      Section 1(d) of Pub. L. 96-300 provided that nothing in any other
    authority of law shall be construed to authorize or permit the
    extension of the National Commission on Air Quality pursuant to any
    Executive order or other Executive or agency action.

-End-

-CITE-
    42 USC Sec. 7624                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7624. Cost of vapor recovery equipment

-STATUTE-
    (a) Costs to be borne by owner of retail outlet
      The regulations under this chapter applicable to vapor recovery
    with respect to mobile source fuels at retail outlets of such fuels
    shall provide that the cost of procurement and installation of such
    vapor recovery shall be borne by the owner of such outlet (as
    determined under such regulations). Except as provided in
    subsection (b) of this section, such regulations shall provide that
    no lease of a retail outlet by the owner thereof which is entered
    into or renewed after August 7, 1977, may provide for a payment by
    the lessee of the cost of procurement and installation of vapor
    recovery equipment. Such regulations shall also provide that the
    cost of procurement and installation of vapor recovery equipment
    may be recovered by the owner of such outlet by means of price
    increases in the cost of any product sold by such owner,
    notwithstanding any provision of law.
    (b) Payment by lessee
      The regulations of the Administrator referred to in subsection
    (a) of this section shall permit a lease of a retail outlet to
    provide for payment by the lessee of the cost of procurement and
    installation of vapor recovery equipment over a reasonable period
    (as determined in accordance with such regulations), if the owner
    of such outlet does not sell, trade in, or otherwise dispense any
    product at wholesale or retail at such outlet.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 323, formerly Sec. 324, as
    added Pub. L. 95-95, title III, Sec. 314(a), Aug. 7, 1977, 91 Stat.
    788; amended Pub. L. 95-190, Sec. 14(a)(82), Nov. 16, 1977, 91
    Stat. 1404; renumbered Sec. 323 and amended Pub. L. 96-300, Sec.
    1(b), (c), July 2, 1980, 94 Stat. 831.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 323 of act July 14, 1955, was classified to
    section 7623 of this title prior to repeal by Pub. L. 96-300, Sec.
    1(c), July 2, 1980, 94 Stat. 831.

                                AMENDMENTS                            
      1980 - Pub. L. 96-300, Sec. 1(b), which directed that last
    sentence of this section be struck out was probably intended to
    strike sentence purportedly added by Pub. L. 95-190. See 1977
    Amendment note below and section 7623(i) of this title.
      1977 - Pub. L. 95-190 which purported to amend subsec. (j) of
    this section by inserting "The Commission may appoint and fix the
    pay of such staff as it deems necessary." after "(j)" was not
    executed to this section because it did not contain a subsec. (j).
    See 1980 Amendment note above.

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-End-

-CITE-
    42 USC Sec. 7625                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7625. Vapor recovery for small business marketers of petroleum
      products

-STATUTE-
    (a) Marketers of gasoline
      The regulations under this chapter applicable to vapor recovery
    from fueling of motor vehicles at retail outlets of gasoline shall
    not apply to any outlet owned by an independent small business
    marketer of gasoline having monthly sales of less than 50,000
    gallons. In the case of any other outlet owned by an independent
    small business marketer, such regulations shall provide, with
    respect to independent small business marketers of gasoline, for a
    three-year phase-in period for the installation of such vapor
    recovery equipment at such outlets under which such marketers shall
    have - 
        (1) 33 percent of such outlets in compliance at the end of the
      first year during which such regulations apply to such marketers,
        (2) 66 percent at the end of such second year, and
        (3) 100 percent at the end of the third year.
    (b) State requirements
      Nothing in subsection (a) of this section shall be construed to
    prohibit any State from adopting or enforcing, with respect to
    independent small business marketers of gasoline having monthly
    sales of less than 50,000 gallons, any vapor recovery requirements
    for mobile source fuels at retail outlets. Any vapor recovery
    requirement which is adopted by a State and submitted to the
    Administrator as part of its implementation plan may be approved
    and enforced by the Administrator as part of the applicable
    implementation plan for that State.
    (c) Refiners
      For purposes of this section, an independent small business
    marketer of gasoline is a person engaged in the marketing of
    gasoline who would be required to pay for procurement and
    installation of vapor recovery equipment under section 7624 of this
    title or under regulations of the Administrator, unless such person
    - 
        (1)(A) is a refiner, or (!1)

        (B) controls, is controlled by, or is under common control
      with, a refiner,
        (C) is otherwise directly or indirectly affiliated (as
      determined under the regulations of the Administrator) with a
      refiner or with a person who controls, is controlled by, or is
      under a common control with a refiner (unless the sole
      affiliation referred to herein is by means of a supply contract
      or an agreement or contract to use a trademark, trade name,
      service mark, or other identifying symbol or name owned by such
      refiner or any such person), or
        (2) receives less than 50 percent of his annual income from
      refining or marketing of gasoline.

    For the purpose of this section, the term "refiner" shall not
    include any refiner whose total refinery capacity (including the
    refinery capacity of any person who controls, is controlled by, or
    is under common control with, such refiner) does not exceed 65,000
    barrels per day. For purposes of this section, "control" of a
    corporation means ownership of more than 50 percent of its stock.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 324, formerly Sec. 325, as
    added Pub. L. 95-95, title III, Sec. 314(b), Aug. 7, 1977, 91 Stat.
    789; renumbered Sec. 324, Pub. L. 96-300, Sec. 1(c), July 2, 1980,
    94 Stat. 831.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 324 of act July 14, 1955, was renumbered section
    323 by Pub. L. 96-300 and is classified to section 7624 of this
    title.

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-FOOTNOTE-               

    (!1) So in original. The word "or" probably should appear at the
         end of subpar. (B).

-End-

-CITE-
    42 USC Sec. 7625-1                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7625-1. Exemptions for certain territories

-STATUTE-
      (a)(1) Upon petition by the governor (!1) of Guam, American
    Samoa, the Virgin Islands, or the Commonwealth of the Northern
    Mariana Islands, the Administrator is authorized to exempt any
    person or source or class of persons or sources in such territory
    from any requirement under this chapter other than section 7412 of
    this title or any requirement under section 7410 of this title or
    part D of subchapter I of this chapter necessary to attain or
    maintain a national primary ambient air quality standard. Such
    exemption may be granted if the Administrator finds that compliance
    with such requirement is not feasible or is unreasonable due to
    unique geographical, meteorological, or economic factors of such
    territory, or such other local factors as the Administrator deems
    significant. Any such petition shall be considered in accordance
    with section 7607(d) of this title and any exemption under this
    subsection shall be considered final action by the Administrator
    for the purposes of section 7607(b) of this title.

      (2) The Administrator shall promptly notify the Committees on
    Energy and Commerce and on Natural Resources of the House of
    Representatives and the Committees on Environment and Public Works
    and on Energy and Natural Resources of the Senate upon receipt of
    any petition under this subsection and of the approval or rejection
    of such petition and the basis for such action.
      (b) Notwithstanding any other provision of this chapter, any
    fossil fuel fired steam electric power plant operating within Guam
    as of December 8, 1983, is hereby exempted from:
        (1) any requirement of the new source performance standards
      relating to sulfur dioxide promulgated under section 7411 of this
      title as of December 8, 1983; and
        (2) any regulation relating to sulfur dioxide standards or
      limitations contained in a State implementation plan approved
      under section 7410 of this title as of December 8, 1983:
      Provided, That such exemption shall expire eighteen months after
      December 8, 1983, unless the Administrator determines that such
      plant is making all emissions reductions practicable to prevent
      exceedances of the national ambient air quality standards for
      sulfur dioxide.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 325, as added Pub. L. 98-
    213, Sec. 11, Dec. 8, 1983, 97 Stat. 1461; amended Pub. L. 101-
    549, title VIII, Sec. 806, Nov. 15, 1990, 104 Stat. 2689; Pub. L.
    103-437, Sec. 15(s), Nov. 2, 1994, 108 Stat. 4594.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 325 of act July 14, 1955, was renumbered section
    326 by Pub. L. 98-213 and is classified to section 7625a of this
    title.
      Another prior section 325 of act July 14, 1955, was renumbered
    section 324 by Pub. L. 96-300 and is classified to section 7625 of
    this title.

                                AMENDMENTS                            
      1994 - Subsec. (a)(2). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".
      1990 - Subsec. (a)(1). Pub. L. 101-549, which directed the
    insertion of "the Virgin Islands," after "American Samoa," in
    "[s]ection 324(a)(1) of the Clean Air Act (42 U.S.C. 7625-
    1(a)(1))", was executed by making the insertion in subsec. (a)(1)
    of this section to reflect the probable intent of Congress.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives and Committee on Natural Resources of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives by section 1(a) of Pub. L. 104-14, set out
    as a note preceding section 21 of Title 2, The Congress. Committee
    on Commerce of House of Representatives changed to Committee on
    Energy and Commerce of House of Representatives, and jurisdiction
    over matters relating to securities and exchanges and insurance
    generally transferred to Committee on Financial Services of House
    of Representatives by House Resolution No. 5, One Hundred Seventh
    Congress, Jan. 3, 2001.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    42 USC Sec. 7625a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7625a. Statutory construction

-STATUTE-
      The parenthetical cross references in any provision of this
    chapter to other provisions of the chapter, or other provisions of
    law, where the words "relating to" or "pertaining to" are used, are
    made only for convenience, and shall be given no legal effect.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 326, as added Pub. L. 95-
    190, Sec. 14(a)(84), Nov. 16, 1977, 91 Stat. 1404; renumbered Sec.
    325, Pub. L. 96-300, Sec. 1(c), July 2, 1980, 94 Stat. 831;
    renumbered Sec. 326, Pub. L. 98-213, Sec. 11, Dec. 8, 1983, 97
    Stat. 1461.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 326 of act July 14, 1955, was renumbered section
    327 by Pub. L. 98-213 and is classified to section 7626 of this
    title.

-End-

-CITE-
    42 USC Sec. 7626                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7626. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated to carry out this chapter
    such sums as may be necessary for the 7 fiscal years commencing
    after November 15, 1990.
    (b) Grants for planning
      There are authorized to be appropriated (1) not more than
    $50,000,000 to carry out section 7505 of this title beginning in
    fiscal year 1991, to be available until expended, to develop plan
    revisions required by subpart 2, 3, or 4 of part D of subchapter I
    of this chapter, and (2) not more than $15,000,000 for each of the
    7 fiscal years commencing after November 15, 1990, to make grants
    to the States to prepare implementation plans as required by
    subpart 2, 3, or 4 of part D of subchapter I of this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 327, formerly Sec. 325, as
    added Pub. L. 95-95, title III, Sec. 315, Aug. 7, 1977, 91 Stat.
    790; renumbered Sec. 327 and amended Pub. L. 95-190, Sec.
    14(a)(83), Nov. 16, 1977, 91 Stat. 1404; renumbered Sec. 326, Pub.
    L. 96-300, Sec. 1(c), July 2, 1980, 94 Stat. 831; renumbered Sec.
    327, Pub. L. 98-213, Sec. 11, Dec. 8, 1983, 97 Stat. 1461; Pub. L.
    101-549, title VIII, Sec. 822, Nov. 15, 1990, 104 Stat. 2699.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 1857l of this title, act July 14, 1955, ch. 360, title III,
    Sec. 316, formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206,
    Sec. 1, 77 Stat. 401; renumbered Sec. 306 and amended Oct. 20,
    1965, Pub. L. 89-272, title I, Sec. 101(4), (6), (7), 79 Stat. 992;
    Oct. 15, 1966, Pub. L. 89-675, Sec. 2(a), 80 Stat. 954; renumbered
    Sec. 309 and amended Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81
    Stat. 506; renumbered Sec. 316 and amended Dec. 31, 1970, Pub. L.
    91-604, Secs. 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub.
    L. 93-15, Sec. 1(c), 87 Stat. 11; June 22, 1974, Pub. L. 93-319,
    Sec. 13(c), 88 Stat. 265, prior to repeal by section 306 of Pub. L.
    95-95.

                                AMENDMENTS                            
      1990 - Pub. L. 101-549 amended section generally, substituting
    present provisions for provisions authorizing specific
    appropriations for certain programs and periods and appropriations
    of $200,000,000 for fiscal years 1978 through 1981 to carry out the
    other programs under this chapter.
      1977 - Subsec. (b)(4). Pub. L. 95-190 substituted "section
    7403(a)(5)" for "section 7403(b)(5)".

                              EFFECTIVE DATE                          
      Section effective Aug. 7, 1977, except as otherwise expressly
    provided, see section 406(d) of Pub. L. 95-95, set out as an
    Effective Date of 1977 Amendment note under section 7401 of this
    title.

-End-

-CITE-
    42 USC Sec. 7627                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-
    Sec. 7627. Air pollution from Outer Continental Shelf activities

-STATUTE-
    (a) Applicable requirements for certain areas
      (1) In general
        Not later than 12 months after November 15, 1990, following
      consultation with the Secretary of the Interior and the
      Commandant of the United States Coast Guard, the Administrator,
      by rule, shall establish requirements to control air pollution
      from Outer Continental Shelf sources located offshore of the
      States along the Pacific, Arctic and Atlantic Coasts, and along
      the United States Gulf Coast off the State of Florida eastward of
      longitude 87 degrees and 30 minutes ("OCS sources") to attain and
      maintain Federal and State ambient air quality standards and to
      comply with the provisions of part C of subchapter I of this
      chapter. For such sources located within 25 miles of the seaward
      boundary of such States, such requirements shall be the same as
      would be applicable if the source were located in the
      corresponding onshore area, and shall include, but not be limited
      to, State and local requirements for emission controls, emission
      limitations, offsets, permitting, monitoring, testing, and
      reporting. New OCS sources shall comply with such requirements on
      the date of promulgation and existing OCS sources shall comply on
      the date 24 months thereafter. The Administrator shall update
      such requirements as necessary to maintain consistency with
      onshore regulations. The authority of this subsection shall
      supersede section 5(a)(8) of the Outer Continental Shelf Lands
      Act [43 U.S.C. 1334(a)(8)] but shall not repeal or modify any
      other Federal, State, or local authorities with respect to air
      quality. Each requirement established under this section shall be
      treated, for purposes of sections 7413, 7414, 7416, 7420, and
      7604 of this title, as a standard under section 7411 of this
      title and a violation of any such requirement shall be considered
      a violation of section 7411(e) of this title.
      (2) Exemptions
        The Administrator may exempt an OCS source from a specific
      requirement in effect under regulations under this subsection if
      the Administrator finds that compliance with a pollution control
      technology requirement is technically infeasible or will cause an
      unreasonable threat to health and safety. The Administrator shall
      make written findings explaining the basis of any exemption
      issued pursuant to this subsection and shall impose another
      requirement equal to or as close in stringency to the original
      requirement as possible. The Administrator shall ensure that any
      increase in emissions due to the granting of an exemption is
      offset by reductions in actual emissions, not otherwise required
      by this chapter, from the same source or other sources in the
      area or in the corresponding onshore area. The Administrator
      shall establish procedures to provide for public notice and
      comment on exemptions proposed pursuant to this subsection.
      (3) State procedures
        Each State adjacent to an OCS source included under this
      subsection may promulgate and submit to the Administrator
      regulations for implementing and enforcing the requirements of
      this subsection. If the Administrator finds that the State
      regulations are adequate, the Administrator shall delegate to
      that State any authority the Administrator has under this chapter
      to implement and enforce such requirements. Nothing in this
      subsection shall prohibit the Administrator from enforcing any
      requirement of this section.
      (4) Definitions
        For purposes of subsections (a) and (b) of this section - 
        (A) Outer Continental Shelf
          The term "Outer Continental Shelf" has the meaning provided
        by section 2 of the Outer Continental Shelf Lands Act (43
        U.S.C. 1331).
        (B) Corresponding onshore area
          The term "corresponding onshore area" means, with respect to
        any OCS source, the onshore attainment or nonattainment area
        that is closest to the source, unless the Administrator
        determines that another area with more stringent requirements
        with respect to the control and abatement of air pollution may
        reasonably be expected to be affected by such emissions. Such
        determination shall be based on the potential for air
        pollutants from the OCS source to reach the other onshore area
        and the potential of such air pollutants to affect the efforts
        of the other onshore area to attain or maintain any Federal or
        State ambient air quality standard or to comply with the
        provisions of part C of subchapter I of this chapter.
        (C) Outer Continental Shelf source
          The terms "Outer Continental Shelf source" and "OCS source"
        include any equipment, activity, or facility which - 
            (i) emits or has the potential to emit any air pollutant,
            (ii) is regulated or authorized under the Outer Continental
          Shelf Lands Act [43 U.S.C. 1331 et seq.], and
            (iii) is located on the Outer Continental Shelf or in or on
          waters above the Outer Continental Shelf.

        Such activities include, but are not limited to, platform and
        drill ship exploration, construction, development, production,
        processing, and transportation. For purposes of this
        subsection, emissions from any vessel servicing or associated
        with an OCS source, including emissions while at the OCS source
        or en route to or from the OCS source within 25 miles of the
        OCS source, shall be considered direct emissions from the OCS
        source.
        (D) New and existing OCS sources
          The term "new OCS source" means an OCS source which is a new
        source within the meaning of section 7411(a) of this title. The
        term "existing OCS source" means any OCS source other than a
        new OCS source.
    (b) Requirements for other offshore areas
      For portions of the United States Gulf Coast Outer Continental
    Shelf that are adjacent to the States not covered by subsection (a)
    of this section which are Texas, Louisiana, Mississippi, and
    Alabama, the Secretary shall consult with the Administrator to
    assure coordination of air pollution control regulation for Outer
    Continental Shelf emissions and emissions in adjacent onshore
    areas. Concurrently with this obligation, the Secretary shall
    complete within 3 years of November 15, 1990, a research study
    examining the impacts of emissions from Outer Continental Shelf
    activities in such areas that fail to meet the national ambient air
    quality standards for either ozone or nitrogen dioxide. Based on
    the results of this study, the Secretary shall consult with the
    Administrator and determine if any additional actions are
    necessary. There are authorized to be appropriated such sums as may
    be necessary to provide funding for the study required under this
    section.
    (c) Coastal waters
      (1) The study report of section 7412(n) (!1) of this title shall
    apply to the coastal waters of the United States to the same extent
    and in the same manner as such requirements apply to the Great
    Lakes, the Chesapeake Bay, and their tributary waters.

      (2) The regulatory requirements of section 7412(n) (!1) of this
    title shall apply to the coastal waters of the States which are
    subject to subsection (a) of this section, to the same extent and
    in the same manner as such requirements apply to the Great Lakes,
    the Chesapeake Bay, and their tributary waters.

-SOURCE-
    (July 14, 1955, ch. 360, title III, Sec. 328, as added Pub. L. 101-
    549, title VIII, Sec. 801, Nov. 15, 1990, 104 Stat. 2685.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (a)(4)(C)(ii), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
    amended, which is classified generally to subchapter III (Sec. 1331
    et seq.) of chapter 29 of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1331 of Title 43 and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-FOOTNOTE-
    (!1) So in original. Probably should be section "7412(m)".

-End-

-CITE-
    42 USC SUBCHAPTER IV - NOISE POLLUTION                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - NOISE POLLUTION

-HEAD-
                      SUBCHAPTER IV - NOISE POLLUTION                  

-COD-
                               CODIFICATION                           
      Another title IV of act July 14, 1955, as added by Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2584, is
    classified to subchapter IV-A (Sec. 7651 et seq.) of this chapter.

-End-

-CITE-
    42 USC Sec. 7641                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - NOISE POLLUTION

-HEAD-
    Sec. 7641. Noise abatement

-STATUTE-
    (a) Office of Noise Abatement and Control
      The Administrator shall establish within the Environmental
    Protection Agency an Office of Noise Abatement and Control, and
    shall carry out through such Office a full and complete
    investigation and study of noise and its effect on the public
    health and welfare in order to (1) identify and classify causes and
    sources of noise, and (2) determine - 
        (A) effects at various levels;
        (B) projected growth of noise levels in urban areas through the
      year 2000;
        (C) the psychological and physiological effect on humans;
        (D) effects of sporadic extreme noise (such as jet noise near
      airports) as compared with constant noise;
        (E) effect on wildlife and property (including values);
        (F) effect of sonic booms on property (including values); and
        (G) such other matters as may be of interest in the public
      welfare.
    (b) Investigation techniques; report and recommendations
      In conducting such investigation, the Administrator shall hold
    public hearings, conduct research, experiments, demonstrations, and
    studies. The Administrator shall report the results of such
    investigation and study, together with his recommendations for
    legislation or other action, to the President and the Congress not
    later than one year after December 31, 1970.
    (c) Abatement of noise from Federal activities
      In any case where any Federal department or agency is carrying
    out or sponsoring any activity resulting in noise which the
    Administrator determines amounts to a public nuisance or is
    otherwise objectionable, such department or agency shall consult
    with the Administrator to determine possible means of abating such
    noise.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 402, as added Pub. L. 91-
    604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709.)

-COD-
                               CODIFICATION                           
      Another section 402 of act July 14, 1955, as added by Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2585, is
    classified to section 7651a of this title.
      Section was formerly classified to section 1858 of this title.

-End-

-CITE-
    42 USC Sec. 7642                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - NOISE POLLUTION

-HEAD-
    Sec. 7642. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated such amount, not to exceed
    $30,000,000, as may be necessary for the purposes of this
    subchapter.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 403, as added Pub. L. 91-
    604, Sec. 14, Dec. 31, 1970, 84 Stat. 1710.)

-COD-
                               CODIFICATION                           
      Another section 403 of act July 14, 1955, as added by Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2589, is
    classified to section 7651b of this title.
      Section was formerly classified to section 1858a of this title.

-End-

-CITE-
    42 USC SUBCHAPTER IV-A - ACID DEPOSITION CONTROL            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
                 SUBCHAPTER IV-A - ACID DEPOSITION CONTROL             

-COD-
                               CODIFICATION                           
      Another title IV of act July 14, 1955, as added by Pub. L. 91-
    604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is classified
    principally to subchapter IV (Sec. 7641 et seq.) of this chapter.

-End-

-CITE-
    42 USC Sec. 7651                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651. Findings and purposes

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) the presence of acidic compounds and their precursors in
      the atmosphere and in deposition from the atmosphere represents a
      threat to natural resources, ecosystems, materials, visibility,
      and public health;
        (2) the principal sources of the acidic compounds and their
      precursors in the atmosphere are emissions of sulfur and nitrogen
      oxides from the combustion of fossil fuels;
        (3) the problem of acid deposition is of national and
      international significance;
        (4) strategies and technologies for the control of precursors
      to acid deposition exist now that are economically feasible, and
      improved methods are expected to become increasingly available
      over the next decade;
        (5) current and future generations of Americans will be
      adversely affected by delaying measures to remedy the problem;
        (6) reduction of total atmospheric loading of sulfur dioxide
      and nitrogen oxides will enhance protection of the public health
      and welfare and the environment; and
        (7) control measures to reduce precursor emissions from steam-
      electric generating units should be initiated without delay.
    (b) Purposes
      The purpose of this subchapter is to reduce the adverse effects
    of acid deposition through reductions in annual emissions of sulfur
    dioxide of ten million tons from 1980 emission levels, and, in
    combination with other provisions of this chapter, of nitrogen
    oxides emissions of approximately two million tons from 1980
    emission levels, in the forty-eight contiguous States and the
    District of Columbia. It is the intent of this subchapter to
    effectuate such reductions by requiring compliance by affected
    sources with prescribed emission limitations by specified
    deadlines, which limitations may be met through alternative methods
    of compliance provided by an emission allocation and transfer
    system. It is also the purpose of this subchapter to encourage
    energy conservation, use of renewable and clean alternative
    technologies, and pollution prevention as a long-range strategy,
    consistent with the provisions of this subchapter, for reducing air
    pollution and other adverse impacts of energy production and use.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 401, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2584.)

-COD-
                               CODIFICATION                           
      Another section 401 of act July 14, 1955, as added by Pub. L. 91-
    604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is set out as a Short
    Title note under section 7401 of this title.

-MISC1-
                         ACID DEPOSITION STANDARDS                     
      Section 404 of Pub. L. 101-549 directed Administrator of
    Environmental Protection Agency, not later than 36 months after
    Nov. 15, 1990, to transmit to Congress a report on the feasibility
    and effectiveness of an acid deposition standard or standards to
    protect sensitive and critically sensitive aquatic and terrestrial
    resources.

                        INDUSTRIAL SO<sub>2</sub> EMISSIONS                    
      Section 406 of Pub. L. 101-549 provided that:
      "(a) Report. - Not later than January 1, 1995 and every 5 years
    thereafter, the Administrator of the Environmental Protection
    Agency shall transmit to the Congress a report containing an
    inventory of national annual sulfur dioxide emissions from
    industrial sources (as defined in title IV of the Act [42 U.S.C.
    7651 et seq.]), including units subject to section 405(g)(6) of the
    Clean Air Act [42 U.S.C. 7651d(g)(6)], for all years for which data
    are available, as well as the likely trend in such emissions over
    the following twenty-year period. The reports shall also contain
    estimates of the actual emission reduction in each year resulting
    from promulgation of the diesel fuel desulfurization regulations
    under section 214 [42 U.S.C. 7548].
      "(b) 5.60 Million Ton Cap. - Whenever the inventory required by
    this section indicates that sulfur dioxide emissions from
    industrial sources, including units subject to section 405(g)(5) of
    the Clean Air Act [42 U.S.C. 7651d(g)(5)], may reasonably be
    expected to reach levels greater than 5.60 million tons per year,
    the Administrator of the Environmental Protection Agency shall take
    such actions under the Clean Air Act [42 U.S.C. 7401 et seq.] as
    may be appropriate to ensure that such emissions do not exceed 5.60
    million tons per year. Such actions may include the promulgation of
    new and revised standards of performance for new sources, including
    units subject to section 405(g)(5) of the Clean Air Act, under
    section 111(b) of the Clean Air Act [42 U.S.C. 7411(b)], as well as
    promulgation of standards of performance for existing sources,
    including units subject to section 405(g)(5) of the Clean Air Act,
    under authority of this section. For an existing source regulated
    under this section, 'standard of performance' means a standard
    which the Administrator determines is applicable to that source and
    which reflects the degree of emission reduction achievable through
    the application of the best system of continuous emission reduction
    which (taking into consideration the cost of achieving such
    emission reduction, and any nonair quality health and environmental
    impact and energy requirements) the Administrator determines has
    been adequately demonstrated for that category of sources.
      "(c) Election. - Regulations promulgated under section 405(b) of
    the Clean Air Act [42 U.S.C. 7651d(b)] shall not prohibit a source
    from electing to become an affected unit under section 410 of the
    Clean Air Act [42 U.S.C. 7651i]."
      [For termination, effective May 15, 2000, of reporting provisions
    in section 406(a) of Pub. L. 101-549, set out above, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and the 10th item on page 162
    of House Document No. 103-7.]

              SENSE OF CONGRESS ON EMISSION REDUCTIONS COSTS          
      Section 407 of Pub. L. 101-549 provided that: "It is the sense of
    the Congress that the Clean Air Act Amendments of 1990 [Pub. L. 101-
    549, see Tables for classification], through the allowance
    program, allocates the costs of achieving the required reductions
    in emissions of sulfur dioxide and oxides of nitrogen among sources
    in the United States. Broad based taxes and emissions fees that
    would provide for payment of the costs of achieving required
    emissions reductions by any party or parties other than the sources
    required to achieve the reductions are undesirable."

                 MONITORING OF ACID RAIN PROGRAM IN CANADA             
      Section 408 of Pub. L. 101-549 provided that:
      "(a) Reports to Congress. - The Administrator of the
    Environmental Protection Agency, in consultation with the Secretary
    of State, the Secretary of Energy, and other persons the
    Administrator deems appropriate, shall prepare and submit a report
    to Congress on January 1, 1994, January 1, 1999, and January 1,
    2005.
      "(b) Contents. - The report to Congress shall analyze the current
    emission levels of sulfur dioxide and nitrogen oxides in each of
    the provinces participating in Canada's acid rain control program,
    the amount of emission reductions of sulfur dioxide and oxides of
    nitrogen achieved by each province, the methods utilized by each
    province in making those reductions, the costs to each province and
    the employment impacts in each province of making and maintaining
    those reductions.
      "(c) Compliance. - Beginning on January 1, 1999, the reports
    shall also assess the degree to which each province is complying
    with its stated emissions cap."

-End-

-CITE-
    42 USC Sec. 7651a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651a. Definitions

-STATUTE-
      As used in this subchapter:
        (1) The term "affected source" means a source that includes one
      or more affected units.
        (2) The term "affected unit" means a unit that is subject to
      emission reduction requirements or limitations under this
      subchapter.
        (3) The term "allowance" means an authorization, allocated to
      an affected unit by the Administrator under this subchapter, to
      emit, during or after a specified calendar year, one ton of
      sulfur dioxide.
        (4) The term "baseline" means the annual quantity of fossil
      fuel consumed by an affected unit, measured in millions of
      British Thermal Units ("mmBtu's"), calculated as follows:
          (A) For each utility unit that was in commercial operation
        prior to January 1, 1985, the baseline shall be the annual
        average quantity of mmBtu's consumed in fuel during calendar
        years 1985, 1986, and 1987, as recorded by the Department of
        Energy pursuant to Form 767. For any utility unit for which
        such form was not filed, the baseline shall be the level
        specified for such unit in the 1985 National Acid Precipitation
        Assessment Program (NAPAP) Emissions Inventory, Version 2,
        National Utility Reference File (NURF) or in a corrected data
        base as established by the Administrator pursuant to paragraph
        (3). For nonutility units, the baseline is the NAPAP Emissions
        Inventory, Version 2. The Administrator, in the Administrator's
        sole discretion, may exclude periods during which a unit is
        shutdown for a continuous period of four calendar months or
        longer, and make appropriate adjustments under this paragraph.
        Upon petition of the owner or operator of any unit, the
        Administrator may make appropriate baseline adjustments for
        accidents that caused prolonged outages.
          (B) For any other nonutility unit that is not included in the
        NAPAP Emissions Inventory, Version 2, or a corrected data base
        as established by the Administrator pursuant to paragraph (3),
        the baseline shall be the annual average quantity, in mmBtu
        consumed in fuel by that unit, as calculated pursuant to a
        method which the administrator shall prescribe by regulation to
        be promulgated not later than eighteen months after November
        15, 1990.
          (C) The Administrator shall, upon application or on his own
        motion, by December 31, 1991, supplement data needed in support
        of this subchapter and correct any factual errors in data from
        which affected Phase II units' baselines or actual 1985
        emission rates have been calculated. Corrected data shall be
        used for purposes of issuing allowances under the (!1)
        subchapter. Such corrections shall not be subject to judicial
        review, nor shall the failure of the Administrator to correct
        an alleged factual error in such reports be subject to judicial
        review.

        (5) The term "capacity factor" means the ratio between the
      actual electric output from a unit and the potential electric
      output from that unit.
        (6) The term "compliance plan" means, for purposes of the
      requirements of this subchapter, either - 
          (A) a statement that the source will comply with all
        applicable requirements under this subchapter, or
          (B) where applicable, a schedule and description of the
        method or methods for compliance and certification by the owner
        or operator that the source is in compliance with the
        requirements of this subchapter.

        (7) The term "continuous emission monitoring system" (CEMS)
      means the equipment as required by section 7651k of this title,
      used to sample, analyze, measure, and provide on a continuous
      basis a permanent record of emissions and flow (expressed in
      pounds per million British thermal units (lbs/mmBtu), pounds per
      hour (lbs/hr) or such other form as the Administrator may
      prescribe by regulations under section 7651k of this title).
        (8) The term "existing unit" means a unit (including units
      subject to section 7411 of this title) that commenced commercial
      operation before November 15, 1990. Any unit that commenced
      commercial operation before November 15, 1990, which is modified,
      reconstructed, or repowered after November 15, 1990, shall
      continue to be an existing unit for the purposes of this
      subchapter. For the purposes of this subchapter, existing units
      shall not include simple combustion turbines, or units which
      serve a generator with a nameplate capacity of 25MWe or less.
        (9) The term "generator" means a device that produces
      electricity and which is reported as a generating unit pursuant
      to Department of Energy Form 860.
        (10) The term "new unit" means a unit that commences commercial
      operation on or after November 15, 1990.
        (11) The term "permitting authority" means the Administrator,
      or the State or local air pollution control agency, with an
      approved permitting program under part B (!2) of title III of the
      Act.

        (12) The term "repowering" means replacement of an existing
      coal-fired boiler with one of the following clean coal
      technologies: atmospheric or pressurized fluidized bed
      combustion, integrated gasification combined cycle,
      magnetohydrodynamics, direct and indirect coal-fired turbines,
      integrated gasification fuel cells, or as determined by the
      Administrator, in consultation with the Secretary of Energy, a
      derivative of one or more of these technologies, and any other
      technology capable of controlling multiple combustion emissions
      simultaneously with improved boiler or generation efficiency and
      with significantly greater waste reduction relative to the
      performance of technology in widespread commercial use as of
      November 15, 1990. Notwithstanding the provisions of section
      7651h(a) of this title, for the purpose of this subchapter, the
      term "repowering" shall also include any oil and/or gas-fired
      unit which has been awarded clean coal technology demonstration
      funding as of January 1, 1991, by the Department of Energy.
        (13) The term "reserve" means any bank of allowances
      established by the Administrator under this subchapter.
        (14) The term "State" means one of the 48 contiguous States and
      the District of Columbia.
        (15) The term "unit" means a fossil fuel-fired combustion
      device.
        (16) The term "actual 1985 emission rate", for electric utility
      units means the annual sulfur dioxide or nitrogen oxides emission
      rate in pounds per million Btu as reported in the NAPAP Emissions
      Inventory, Version 2, National Utility Reference File. For
      nonutility units, the term "actual 1985 emission rate" means the
      annual sulfur dioxide or nitrogen oxides emission rate in pounds
      per million Btu as reported in the NAPAP Emission Inventory,
      Version 2.
        (17)(A) The term "utility unit" means - 
          (i) a unit that serves a generator in any State that produces
        electricity for sale, or
          (ii) a unit that, during 1985, served a generator in any
        State that produced electricity for sale.

        (B) Notwithstanding subparagraph (A), a unit described in
      subparagraph (A) that - 
          (i) was in commercial operation during 1985, but
          (ii) did not, during 1985, serve a generator in any State
        that produced electricity for sale shall not be a utility unit
        for purposes of this subchapter.

        (C) A unit that cogenerates steam and electricity is not a
      "utility unit" for purposes of this subchapter unless the unit is
      constructed for the purpose of supplying, or commences
      construction after November 15, 1990, and supplies, more than one-
      third of its potential electric output capacity and more than 25
      megawatts electrical output to any utility power distribution
      system for sale.
        (18) The term "allowable 1985 emissions rate" means a federally
      enforceable emissions limitation for sulfur dioxide or oxides of
      nitrogen, applicable to the unit in 1985 or the limitation
      applicable in such other subsequent year as determined by the
      Administrator if such a limitation for 1985 does not exist. Where
      the emissions limitation for a unit is not expressed in pounds of
      emissions per million Btu, or the averaging period of that
      emissions limitation is not expressed on an annual basis, the
      Administrator shall calculate the annual equivalent of that
      emissions limitation in pounds per million Btu to establish the
      allowable 1985 emissions rate.
        (19) The term "qualifying phase I technology" means a
      technological system of continuous emission reduction which
      achieves a 90 percent reduction in emissions of sulfur dioxide
      from the emissions that would have resulted from the use of fuels
      which were not subject to treatment prior to combustion.
        (20) The term "alternative method of compliance" means a method
      of compliance in accordance with one or more of the following
      authorities:
          (A) a substitution plan submitted and approved in accordance
        with subsections (!3) 7651c(b) and (c) of this title;

          (B) a Phase I extension plan approved by the Administrator
        under section 7651c(d) of this title, using qualifying phase I
        technology as determined by the Administrator in accordance
        with that section; or
          (C) repowering with a qualifying clean coal technology under
        section 7651h of this title.

        (21) The term "commenced" as applied to construction of any new
      electric utility unit means that an owner or operator has
      undertaken a continuous program of construction or that an owner
      or operator has entered into a contractual obligation to
      undertake and complete, within a reasonable time, a continuous
      program of construction.
        (22) The term "commenced commercial operation" means to have
      begun to generate electricity for sale.
        (23) The term "construction" means fabrication, erection, or
      installation of an affected unit.
        (24) The term "industrial source" means a unit that does not
      serve a generator that produces electricity, a "nonutility unit"
      as defined in this section, or a process source as defined in
      section 7651i(e) (!4) of this title.

        (25) The term "nonutility unit" means a unit other than a
      utility unit.
        (26) The term "designated representative" means a responsible
      person or official authorized by the owner or operator of a unit
      to represent the owner or operator in matters pertaining to the
      holding, transfer, or disposition of allowances allocated to a
      unit, and the submission of and compliance with permits, permit
      applications, and compliance plans for the unit.
        (27) The term "life-of-the-unit, firm power contractual
      arrangement" means a unit participation power sales agreement
      under which a utility or industrial customer reserves, or is
      entitled to receive, a specified amount or percentage of capacity
      and associated energy generated by a specified generating unit
      (or units) and pays its proportional amount of such unit's total
      costs, pursuant to a contract either - 
          (A) for the life of the unit;
          (B) for a cumulative term of no less than 30 years, including
        contracts that permit an election for early termination; or
          (C) for a period equal to or greater than 25 years or 70
        percent of the economic useful life of the unit determined as
        of the time the unit was built, with option rights to purchase
        or re-lease some portion of the capacity and associated energy
        generated by the unit (or units) at the end of the period.

        (28) The term "basic Phase II allowance allocations" means:
          (A) For calendar years 2000 through 2009 inclusive,
        allocations of allowances made by the Administrator pursuant to
        section 7651b of this title and subsections (b)(1), (3), and
        (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e);
        (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i) and (j) of
        section 7651d of this title.
          (B) For each calendar year beginning in 2010, allocations of
        allowances made by the Administrator pursuant to section 7651b
        of this title and subsections (b)(1), (3), and (4); (c)(1),
        (2), (3), and (5); (d)(1), (2), (4) and (5); (e); (f); (g)(1),
        (2), (3), (4), and (5); (h)(1) and (3); (i) and (j) of section
        7651d of this title.

        (29) The term "Phase II bonus allowance allocations" means, for
      calendar year 2000 through 2009, inclusive, and only for such
      years, allocations made by the Administrator pursuant to section
      7651b of this title, subsections (a)(2), (b)(2), (c)(4), (d)(3)
      (except as otherwise provided therein), and (h)(2) of section
      7651d of this title, and section 7651e of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 402, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2585.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part B of title III of the Act, referred to in par. (11), means
    title III of the Clean Air Act, act July 14, 1955, ch. 360, as
    added, which is classified to subchapter III of this chapter, but
    title III does not contain parts. For provisions of the Clean Air
    Act relating to permits, see subchapter V (Sec. 7661 et seq.) of
    this chapter.

-COD-
                               CODIFICATION                           
      Another section 402 of act July 14, 1955, as added by Pub. L. 91-
    604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is classified to
    section 7641 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "this".

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "section".

    (!4) So in original. Probably should be section "7651i(d)".

-End-

-CITE-
    42 USC Sec. 7651b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651b. Sulfur dioxide allowance program for existing and new
      units

-STATUTE-
    (a) Allocations of annual allowances for existing and new units
      (1) (!1) For the emission limitation programs under this
    subchapter, the Administrator shall allocate annual allowances for
    the unit, to be held or distributed by the designated
    representative of the owner or operator of each affected unit at an
    affected source in accordance with this subchapter, in an amount
    equal to the annual tonnage emission limitation calculated under
    section 7651c, 7651d, 7651e, 7651h, or 7651i of this title except
    as otherwise specifically provided elsewhere in this subchapter.
    Except as provided in sections 7651d(a)(2), 7651d(a)(3), 7651h and
    7651i of this title, beginning January 1, 2000, the Administrator
    shall not allocate annual allowances to emit sulfur dioxide
    pursuant to section 7651d of this title in such an amount as would
    result in total annual emissions of sulfur dioxide from utility
    units in excess of 8.90 million tons except that the Administrator
    shall not take into account unused allowances carried forward by
    owners and operators of affected units or by other persons holding
    such allowances, following the year for which they were allocated.
    If necessary to meeting the restrictions imposed in the preceding
    sentence, the Administrator shall reduce, pro rata, the basic Phase
    II allowance allocations for each unit subject to the requirements
    of section 7651d of this title. Subject to the provisions of
    section 7651o of this title, the Administrator shall allocate
    allowances for each affected unit at an affected source annually,
    as provided in paragraphs (2) and (3) (!1) and section 7651g of
    this title. Except as provided in sections 7651h and 7651i of this
    title, the removal of an existing affected unit or source from
    commercial operation at any time after November 15, 1990 (whether
    before or after January 1, 1995, or January 1, 2000) shall not
    terminate or otherwise affect the allocation of allowances pursuant
    to section 7651c or 7651d of this title to which the unit is
    entitled. Allowances shall be allocated by the Administrator
    without cost to the recipient, except for allowances sold by the
    Administrator pursuant to section 7651o of this title. Not later
    than December 31, 1991, the Administrator shall publish a proposed
    list of the basic Phase II allowance allocations, the Phase II
    bonus allowance allocations and, if applicable, allocations
    pursuant to section 7651d(a)(3) of this title for each unit subject
    to the emissions limitation requirements of section 7651d of this
    title for the year 2000 and the year 2010. After notice and
    opportunity for public comment, but not later than December 31,
    1992, the Administrator shall publish a final list of such
    allocations, subject to the provisions of section 7651d(a)(2) of
    this title. Any owner or operator of an existing unit subject to
    the requirements of section 7651d(b) or (c) of this title who is
    considering applying for an extension of the emission limitation
    requirement compliance deadline for that unit from January 1, 2000,
    until not later than December 31, 2000, pursuant to section 7651h
    of this title, shall notify the Administrator no later than March
    31, 1991. Such notification shall be used as the basis for
    estimating the basic Phase II allowances under this subsection.
    Prior to June 1, 1998, the Administrator shall publish a revised
    final statement of allowance allocations, subject to the provisions
    of section 7651d(a)(2) of this title and taking into account the
    effect of any compliance date extensions granted pursuant to
    section 7651h of this title on such allocations. Any person who may
    make an election concerning the amount of allowances to be
    allocated to a unit or units shall make such election and so inform
    the Administrator not later than March 31, 1991, in the case of an
    election under section 7651d of this title (or June 30, 1991, in
    the case of an election under section 7651e of this title). If such
    person fails to make such election, the Administrator shall set
    forth for each unit owned or operated by such person, the amount of
    allowances reflecting the election that would, in the judgment of
    the Administrator, provide the greatest benefit for the owner or
    operator of the unit. If such person is a Governor who may make an
    election under section 7651e of this title and the Governor fails
    to make an election, the Administrator shall set forth for each
    unit in the State the amount of allowances reflecting the election
    that would, in the judgment of the Administrator, provide the
    greatest benefit for units in the State.

    (b) Allowance transfer system
      Allowances allocated under this subchapter may be transferred
    among designated representatives of the owners or operators of
    affected sources under this subchapter and any other person who
    holds such allowances, as provided by the allowance system
    regulations to be promulgated by the Administrator not later than
    eighteen months after November 15, 1990. Such regulations shall
    establish the allowance system prescribed under this section,
    including, but not limited to, requirements for the allocation,
    transfer, and use of allowances under this subchapter. Such
    regulations shall prohibit the use of any allowance prior to the
    calendar year for which the allowance was allocated, and shall
    provide, consistent with the purposes of this subchapter, for the
    identification of unused allowances, and for such unused allowances
    to be carried forward and added to allowances allocated in
    subsequent years, including allowances allocated to units subject
    to Phase I requirements (as described in section 7651c of this
    title) which are applied to emissions limitations requirements in
    Phase II (as described in section 7651d of this title). Transfers
    of allowances shall not be effective until written certification of
    the transfer, signed by a responsible official of each party to the
    transfer, is received and recorded by the Administrator. Such
    regulations shall permit the transfer of allowances prior to the
    issuance of such allowances. Recorded pre-allocation transfers
    shall be deducted by the Administrator from the number of
    allowances which would otherwise be allocated to the transferor,
    and added to those allowances allocated to the transferee. Pre-
    allocation transfers shall not affect the prohibition contained in
    this subsection against the use of allowances prior to the year for
    which they are allocated.
    (c) Interpollutant trading
      Not later than January 1, 1994, the Administrator shall furnish
    to the Congress a study evaluating the environmental and economic
    consequences of amending this subchapter to permit trading sulfur
    dioxide allowances for nitrogen oxides allowances.
    (d) Allowance tracking system
      (1) The Administrator shall promulgate, not later than 18 months
    after November 15, 1990, a system for issuing, recording, and
    tracking allowances, which shall specify all necessary procedures
    and requirements for an orderly and competitive functioning of the
    allowance system. All allowance allocations and transfers shall,
    upon recordation by the Administrator, be deemed a part of each
    unit's permit requirements pursuant to section 7651g of this title,
    without any further permit review and revision.
      (2) In order to insure electric reliability, such regulations
    shall not prohibit or affect temporary increases and decreases in
    emissions within utility systems, power pools, or utilities
    entering into allowance pool agreements, that result from their
    operations, including emergencies and central dispatch, and such
    temporary emissions increases and decreases shall not require
    transfer of allowances among units nor shall it require
    recordation. The owners or operators of such units shall act
    through a designated representative. Notwithstanding the preceding
    sentence, the total tonnage of emissions in any calendar year
    (calculated at the end thereof) from all units in such a utility
    system, power pool, or allowance pool agreements shall not exceed
    the total allowances for such units for the calendar year
    concerned.
    (e) New utility units
      After January 1, 2000, it shall be unlawful for a new utility
    unit to emit an annual tonnage of sulfur dioxide in excess of the
    number of allowances to emit held for the unit by the unit's owner
    or operator. Such new utility units shall not be eligible for an
    allocation of sulfur dioxide allowances under subsection (a)(1) of
    this section, unless the unit is subject to the provisions of
    subsection (g)(2) or (3) of section 7651d of this title. New
    utility units may obtain allowances from any person, in accordance
    with this subchapter. The owner or operator of any new utility unit
    in violation of this subsection shall be liable for fulfilling the
    obligations specified in section 7651j of this title.
    (f) Nature of allowances
      An allowance allocated under this subchapter is a limited
    authorization to emit sulfur dioxide in accordance with the
    provisions of this subchapter. Such allowance does not constitute a
    property right. Nothing in this subchapter or in any other
    provision of law shall be construed to limit the authority of the
    United States to terminate or limit such authorization. Nothing in
    this section relating to allowances shall be construed as affecting
    the application of, or compliance with, any other provision of this
    chapter to an affected unit or source, including the provisions
    related to applicable National Ambient Air Quality Standards and
    State implementation plans. Nothing in this section shall be
    construed as requiring a change of any kind in any State law
    regulating electric utility rates and charges or affecting any
    State law regarding such State regulation or as limiting State
    regulation (including any prudency review) under such a State law.
    Nothing in this section shall be construed as modifying the Federal
    Power Act [16 U.S.C. 791a et seq.] or as affecting the authority of
    the Federal Energy Regulatory Commission under that Act. Nothing in
    this subchapter shall be construed to interfere with or impair any
    program for competitive bidding for power supply in a State in
    which such program is established. Allowances, once allocated to a
    person by the Administrator, may be received, held, and temporarily
    or permanently transferred in accordance with this subchapter and
    the regulations of the Administrator without regard to whether or
    not a permit is in effect under subchapter V of this chapter or
    section 7651g of this title with respect to the unit for which such
    allowance was originally allocated and recorded. Each permit under
    this subchapter and each permit issued under subchapter V of this
    chapter for any affected unit shall provide that the affected unit
    may not emit an annual tonnage of sulfur dioxide in excess of the
    allowances held for that unit.
    (g) Prohibition
      It shall be unlawful for any person to hold, use, or transfer any
    allowance allocated under this subchapter, except in accordance
    with regulations promulgated by the Administrator. It shall be
    unlawful for any affected unit to emit sulfur dioxide in excess of
    the number of allowances held for that unit for that year by the
    owner or operator of the unit. Upon the allocation of allowances
    under this subchapter, the prohibition contained in the preceding
    sentence shall supersede any other emission limitation applicable
    under this subchapter to the units for which such allowances are
    allocated. Allowances may not be used prior to the calendar year
    for which they are allocated. Nothing in this section or in the
    allowance system regulations shall relieve the Administrator of the
    Administrator's permitting, monitoring and enforcement obligations
    under this chapter, nor relieve affected sources of their
    requirements and liabilities under this chapter.
    (h) Competitive bidding for power supply
      Nothing in this subchapter shall be construed to interfere with
    or impair any program for competitive bidding for power supply in a
    State in which such program is established.
    (i) Applicability of antitrust laws
      (1) Nothing in this section affects - 
        (A) the applicability of the antitrust laws to the transfer,
      use, or sale of allowances, or
        (B) the authority of the Federal Energy Regulatory Commission
      under any provision of law respecting unfair methods of
      competition or anticompetitive acts or practices.

      (2) As used in this section, "antitrust laws" means those Acts
    set forth in section 12 of title 15.
    (j) Public Utility Holding Company Act
      The acquisition or disposition of allowances pursuant to this
    subchapter including the issuance of securities or the undertaking
    of any other financing transaction in connection with such
    allowances shall not be subject to the provisions of the Public
    Utility Holding Company Act of 1935.(!2)

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 403, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2589.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in subsec. (f), is act June
    10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
    generally to chapter 12 (Sec. 791a et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see section 791a of Title 16 and Tables.
      The Public Utility Holding Company Act of 1935, referred to in
    subsec. (j), is title I of act Aug. 26, 1935, ch. 687, 49 Stat.
    803, as amended, which was classified generally to chapter 2C (Sec.
    79 et seq.) of Title 15, Commerce and Trade, prior to repeal by
    Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119 Stat. 974.
    For complete classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Another section 403 of act July 14, 1955, as added by Pub. L. 91-
    604, Sec. 14, Dec. 31, 1970, 84 Stat. 1710, is classified to
    section 7642 of this title.

-MISC1-
                              FOSSIL FUEL USE                          
      Section 402 of title IV of Pub. L. 101-549 provided that:
      "(a) Contracts for Hydroelectric Energy. - Any person who, after
    the date of the enactment of the Clean Air Act Amendments of 1990
    [Nov. 15, 1990], enters into a contract under which such person
    receives hydroelectric energy in return for the provision of
    electric energy by such person shall use allowances held by such
    person as necessary to satisfy such person's obligations under such
    contract.
      "(b) Federal Power Marketing Administration. - A Federal Power
    Marketing Administration shall not be subject to the provisions and
    requirements of this title [enacting this subchapter, amending
    sections 7410, 7411, and 7479 of this title, and enacting
    provisions set out as notes under sections 7403, 7411, and 7651 of
    this title] with respect to electric energy generated by
    hydroelectric facilities and marketed by such Power Marketing
    Administration. Any person who sells or provides electric energy to
    a Federal Power Marketing Administration shall comply with the
    provisions and requirements of this title."

-FOOTNOTE-
    (!1) So in original. No pars. (2) and (3) have been enacted.

               

    (!2) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7651c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651c. Phase I sulfur dioxide requirements

-STATUTE-
    (a) Emission limitations
      (1) After January 1, 1995, each source that includes one or more
    affected units listed in table A is an affected source under this
    section. After January 1, 1995, it shall be unlawful for any
    affected unit (other than an eligible phase I unit under subsection
    (d)(2) of this section) to emit sulfur dioxide in excess of the
    tonnage limitation stated as a total number of allowances in table
    A for phase I, unless (A) the emissions reduction requirements
    applicable to such unit have been achieved pursuant to subsection
    (b) or (d) of this section, or (B) the owner or operator of such
    unit holds allowances to emit not less than the unit's total annual
    emissions, except that, after January 1, 2000, the emissions
    limitations established in this section shall be superseded by
    those established in section 7651d of this title. The owner or
    operator of any unit in violation of this section shall be fully
    liable for such violation including, but not limited to, liability
    for fulfilling the obligations specified in section 7651j of this
    title.
      (2) Not later than December 31, 1991, the Administrator shall
    determine the total tonnage of reductions in the emissions of
    sulfur dioxide from all utility units in calendar year 1995 that
    will occur as a result of compliance with the emissions limitation
    requirements of this section, and shall establish a reserve of
    allowances equal in amount to the number of tons determined thereby
    not to exceed a total of 3.50 million tons. In making such a
    determination, the Administrator shall compute for each unit
    subject to the emissions limitation requirements of this section
    the difference between:
        (A) the product of its baseline multiplied by the lesser of
      each unit's allowable 1985 emissions rate and its actual 1985
      emissions rate, divided by 2,000, and
        (B) the product of each unit's baseline multiplied by 2.50
      lbs/mmBtu divided by 2,000,

    and sum the computations. The Administrator shall adjust the
    foregoing calculation to reflect projected calendar year 1995
    utilization of the units subject to the emissions limitations of
    this subchapter that the Administrator finds would have occurred in
    the absence of the imposition of such requirements. Pursuant to
    subsection (d) of this section, the Administrator shall allocate
    allowances from the reserve established hereinunder until the
    earlier of such time as all such allowances in the reserve are
    allocated or December 31, 1999.
      (3) In addition to allowances allocated pursuant to paragraph
    (1), in each calendar year beginning in 1995 and ending in 1999,
    inclusive, the Administrator shall allocate for each unit on Table
    A that is located in the States of Illinois, Indiana, or Ohio
    (other than units at Kyger Creek, Clifty Creek and Joppa Steam),
    allowances in an amount equal to 200,000 multiplied by the unit's
    pro rata share of the total number of allowances allocated for all
    units on Table A in the 3 States (other than units at Kyger Creek,
    Clifty Creek, and Joppa Steam) pursuant to paragraph (1). Such
    allowances shall be excluded from the calculation of the reserve
    under paragraph (2).
    (b) Substitutions
      The owner or operator of an affected unit under subsection (a) of
    this section may include in its section 7651g of this title permit
    application and proposed compliance plan a proposal to reassign, in
    whole or in part, the affected unit's sulfur dioxide reduction
    requirements to any other unit(s) under the control of such owner
    or operator. Such proposal shall specify - 
        (1) the designation of the substitute unit or units to which
      any part of the reduction obligations of subsection (a) of this
      section shall be required, in addition to, or in lieu of, any
      original affected units designated under such subsection;
        (2) the original affected unit's baseline, the actual and
      allowable 1985 emissions rate for sulfur dioxide, and the
      authorized annual allowance allocation stated in table A;
        (3) calculation of the annual average tonnage for calendar
      years 1985, 1986, and 1987, emitted by the substitute unit or
      units, based on the baseline for each unit, as defined in section
      7651a(d) (!1) of this title, multiplied by the lesser of the
      unit's actual or allowable 1985 emissions rate;

        (4) the emissions rates and tonnage limitations that would be
      applicable to the original and substitute affected units under
      the substitution proposal;
        (5) documentation, to the satisfaction of the Administrator,
      that the reassigned tonnage limits will, in total, achieve the
      same or greater emissions reduction than would have been achieved
      by the original affected unit and the substitute unit or units
      without such substitution; and
        (6) such other information as the Administrator may require.
    (c) Administrator's action on substitution proposals
      (1) The Administrator shall take final action on such
    substitution proposal in accordance with section 7651g(c) of this
    title if the substitution proposal fulfills the requirements of
    this subsection. The Administrator may approve a substitution
    proposal in whole or in part and with such modifications or
    conditions as may be consistent with the orderly functioning of the
    allowance system and which will ensure the emissions reductions
    contemplated by this subchapter. If a proposal does not meet the
    requirements of subsection (b) of this section, the Administrator
    shall disapprove it. The owner or operator of a unit listed in
    table A shall not substitute another unit or units without the
    prior approval of the Administrator.
      (2) Upon approval of a substitution proposal, each substitute
    unit, and each source with such unit, shall be deemed affected
    under this subchapter, and the Administrator shall issue a permit
    to the original and substitute affected source and unit in
    accordance with the approved substitution plan and section 7651g of
    this title. The Administrator shall allocate allowances for the
    original and substitute affected units in accordance with the
    approved substitution proposal pursuant to section 7651b of this
    title. It shall be unlawful for any source or unit that is
    allocated allowances pursuant to this section to emit sulfur
    dioxide in excess of the emissions limitation provided for in the
    approved substitution permit and plan unless the owner or operator
    of each unit governed by the permit and approved substitution plan
    holds allowances to emit not less than the units total annual
    emissions. The owner or operator of any original or substitute
    affected unit operated in violation of this subsection shall be
    fully liable for such violation, including liability for fulfilling
    the obligations specified in section 7651j of this title. If a
    substitution proposal is disapproved, the Administrator shall
    allocate allowances to the original affected unit or units in
    accordance with subsection (a) of this section.
    (d) Eligible phase I extension units
      (1) The owner or operator of any affected unit subject to an
    emissions limitation requirement under this section may petition
    the Administrator in its permit application under section 7651g of
    this title for an extension of 2 years of the deadline for meeting
    such requirement, provided that the owner or operator of any such
    unit holds allowances to emit not less than the unit's total annual
    emissions for each of the 2 years of the period of extension. To
    qualify for such an extension, the affected unit must either employ
    a qualifying phase I technology, or transfer its phase I emissions
    reduction obligation to a unit employing a qualifying phase I
    technology. Such transfer shall be accomplished in accordance with
    a compliance plan, submitted and approved under section 7651g of
    this title, that shall govern operations at all units included in
    the transfer, and that specifies the emissions reduction
    requirements imposed pursuant to this subchapter.
      (2) Such extension proposal shall - 
        (A) specify the unit or units proposed for designation as an
      eligible phase I extension unit;
        (B) provide a copy of an executed contract, which may be
      contingent upon the Administrator approving the proposal, for the
      design engineering, and construction of the qualifying phase I
      technology for the extension unit, or for the unit or units to
      which the extension unit's emission reduction obligation is to be
      transferred;
        (C) specify the unit's or units' baseline, actual 1985
      emissions rate, allowable 1985 emissions rate, and projected
      utilization for calendar years 1995 through 1999;
        (D) require CEMS on both the eligible phase I extension unit or
      units and the transfer unit or units beginning no later than
      January 1, 1995; and
        (E) specify the emission limitation and number of allowances
      expected to be necessary for annual operation after the
      qualifying phase I technology has been installed.

      (3) The Administrator shall review and take final action on each
    extension proposal in order of receipt, consistent with section
    7651g of this title, and for an approved proposal shall designate
    the unit or units as an eligible phase I extension unit. The
    Administrator may approve an extension proposal in whole or in
    part, and with such modifications or conditions as may be
    necessary, consistent with the orderly functioning of the allowance
    system, and to ensure the emissions reductions contemplated by the
    (!2) subchapter.

      (4) In order to determine the number of proposals eligible for
    allocations from the reserve under subsection (a)(2) of this
    section and the number of allowances remaining available after each
    proposal is acted upon, the Administrator shall reduce the total
    number of allowances remaining available in the reserve by the
    number of allowances calculated according to subparagraphs (A), (B)
    and (C) until either no allowances remain available in the reserve
    for further allocation or all approved proposals have been acted
    upon. If no allowances remain available in the reserve for further
    allocation before all proposals have been acted upon by the
    Administrator, any pending proposals shall be disapproved. The
    Administrator shall calculate allowances equal to - 
        (A) the difference between the lesser of the average annual
      emissions in calendar years 1988 and 1989 or the projected
      emissions tonnage for calendar year 1995 of each eligible phase I
      extension unit, as designated under paragraph (3), and the
      product of the unit's baseline multiplied by an emission rate of
      2.50 lbs/mmBtu, divided by 2,000;
        (B) the difference between the lesser of the average annual
      emissions in calendar years 1988 and 1989 or the projected
      emissions tonnage for calendar year 1996 of each eligible phase I
      extension unit, as designated under paragraph (3), and the
      product of the unit's baseline multiplied by an emission rate of
      2.50 lbs/mmBtu, divided by 2,000; and
        (C) the amount by which (i) the product of each unit's baseline
      multiplied by an emission rate of 1.20 lbs/mmBtu, divided by
      2,000, exceeds (ii) the tonnage level specified under
      subparagraph (E) of paragraph (2) of this subsection multiplied
      by a factor of 3.

      (5) Each eligible Phase I extension unit shall receive allowances
    determined under subsection (a)(1) or (c) of this section. In
    addition, for calendar year 1995, the Administrator shall allocate
    to each eligible Phase I extension unit, from the allowance reserve
    created pursuant to subsection (a)(2) of this section, allowances
    equal to the difference between the lesser of the average annual
    emissions in calendar years 1988 and 1989 or its projected
    emissions tonnage for calendar year 1995 and the product of the
    unit's baseline multiplied by an emission rate of 2.50 lbs/mmBtu,
    divided by 2,000. In calendar year 1996, the Administrator shall
    allocate for each eligible unit, from the allowance reserve created
    pursuant to subsection (a)(2) of this section, allowances equal to
    the difference between the lesser of the average annual emissions
    in calendar years 1988 and 1989 or its projected emissions tonnage
    for calendar year 1996 and the product of the unit's baseline
    multiplied by an emission rate of 2.50 lbs/mmBtu, divided by 2,000.
    It shall be unlawful for any source or unit subject to an approved
    extension plan under this subsection to emit sulfur dioxide in
    excess of the emissions limitations provided for in the permit and
    approved extension plan, unless the owner or operator of each unit
    governed by the permit and approved plan holds allowances to emit
    not less than the unit's total annual emissions.
      (6) In addition to allowances specified in paragraph (5), the
    Administrator shall allocate for each eligible Phase I extension
    unit employing qualifying Phase I technology, for calendar years
    1997, 1998, and 1999, additional allowances, from any remaining
    allowances in the reserve created pursuant to subsection (a)(2) of
    this section, following the reduction in the reserve provided for
    in paragraph (4), not to exceed the amount by which (A) the product
    of each eligible unit's baseline times an emission rate of 1.20
    lbs/mmBtu, divided by 2,000, exceeds (B) the tonnage level
    specified under subparagraph (E) of paragraph (2) of this
    subsection.
      (7) After January 1, 1997, in addition to any liability under
    this chapter, including under section 7651j of this title, if any
    eligible phase I extension unit employing qualifying phase I
    technology or any transfer unit under this subsection emits sulfur
    dioxide in excess of the annual tonnage limitation specified in the
    extension plan, as approved in paragraph (3) of this subsection,
    the Administrator shall, in the calendar year following such
    excess, deduct allowances equal to the amount of such excess from
    such unit's annual allowance allocation.
    (e) Allocation of allowances
      (1) In the case of a unit that receives authorization from the
    Governor of the State in which such unit is located to make
    reductions in the emissions of sulfur dioxide prior to calendar
    year 1995 and that is part of a utility system that meets the
    following requirements: (A) the total coal-fired generation within
    the utility system as a percentage of total system generation
    decreased by more than 20 percent between January 1, 1980, and
    December 31, 1985; and (B) the weighted capacity factor of all coal-
    fired units within the utility system averaged over the period
    from January 1, 1985, through December 31, 1987, was below 50
    percent, the Administrator shall allocate allowances under this
    paragraph for the unit pursuant to this subsection. The
    Administrator shall allocate allowances for a unit that is an
    affected unit pursuant to section 7651d of this title (but is not
    also an affected unit under this section) and part of a utility
    system that includes 1 or more affected units under section 7651d
    of this title for reductions in the emissions of sulfur dioxide
    made during the period 1995-1999 if the unit meets the requirements
    of this subsection and the requirements of the preceding sentence,
    except that for the purposes of applying this subsection to any
    such unit, the prior year concerned as specified below, shall be
    any year after January 1, 1995 but prior to January 1, 2000.
      (2) In the case of an affected unit under this section described
    in subparagraph (A), the allowances allocated under this subsection
    for early reductions in any prior year may not exceed the amount
    which (A) the product of the unit's baseline multiplied by the
    unit's 1985 actual sulfur dioxide emission rate (in lbs. per
    mmBtu), divided by 2,000, exceeds (B) the allowances specified for
    such unit in Table A. In the case of an affected unit under section
    7651d of this title described in subparagraph (A), the allowances
    awarded under this subsection for early reductions in any prior
    year may not exceed the amount by which (i) the product of the
    quantity of fossil fuel consumed by the unit (in mmBtu) in the
    prior year multiplied by the lesser of 2.50 or the most stringent
    emission rate (in lbs. per mmBtu) applicable to the unit under the
    applicable implementation plan, divided by 2,000, exceeds (ii) the
    unit's actual tonnage of sulfur dioxide emission for the prior year
    concerned. Allowances allocated under this subsection for units
    referred to in subparagraph (A) may be allocated only for emission
    reductions achieved as a result of physical changes or changes in
    the method of operation made after November 15, 1990, including
    changes in the type or quality of fossil fuel consumed.
      (3) In no event shall the provisions of this paragraph be
    interpreted as an event of force majeur or a commercial
    impractibility (!3) or in any other way as a basis for excused
    nonperformance by a utility system under a coal sales contract in
    effect before November 15, 1990.

     TABLE A. - AFFECTED SOURCES AND UNITS IN PHASE I AND THEIR SULFUR
                         DIOXIDE ALLOWANCES (TONS)
    --------------------------------------------------------------------
            State                 Plant Name           Gener      Phase I 
                                                        ator      Allowa  
                                                                   nces   
    --------------------------------------------------------------------
    Alabama               Colbert                            1      13,570
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                                    15,310
                                                                    15,400
                                                                    15,410
                                                                    37,180
                          E.C. Gaston                        1      18,100
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                                    18,540
                                                                    18,310
                                                                    19,280
                                                                    59,840
    Florida               Big Bend                           1      28,410
                                                             2            
                                                             3            
                                                                    27,100
                                                                    26,740
                          Crist                              6      19,200
                                                             7            
                                                                    31,680
    Georgia               Bowen                              1      56,320
                                                             2            
                                                             3            
                                                             4            
                                                                    54,770
                                                                    71,750
                                                                    71,740
                          Hammond                            1       8,780
                                                             2            
                                                             3            
                                                             4            
                                                                     9,220
                                                                     8,910
                                                                    37,640
                          J. McDonough                       1      19,910
                                                             2            
                                                                    20,600
                          Wansley                            1      70,770
                                                             2            
                                                                    65,430
                          Yates                              1       7,210
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                             6            
                                                             7            
                                                                     7,040
                                                                     6,950
                                                                     8,910
                                                                     9,410
                                                                    24,760
                                                                    21,480
    Illinois              Baldwin                            1      42,010
                                                             2            
                                                             3            
                                                                    44,420
                                                                    42,550
                          Coffeen                            1      11,790
                                                             2            
                                                                    35,670
                          Grand Tower                        4       5,910
                          Hennepin                           2      18,410
                          Joppa Steam                        1      12,590
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                             6            
                                                                    10,770
                                                                    12,270
                                                                    11,360
                                                                    11,420
                                                                    10,620
                          Kincaid                            1      31,530
                                                             2            
                                                                    33,810
                          Meredosia                          3      13,890
                          Vermilion                          2       8,880
    Indiana               Bailly                             7      11,180
                                                             8            
                                                                    15,630
                          Breed                              1      18,500
                          Cayuga                             1      33,370
                                                             2            
                                                                    34,130
                          Clifty Creek                       1      20,150
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                             6            
                                                                    19,810
                                                                    20,410
                                                                    20,080
                                                                    19,360
                                                                    20,380
                          E. W. Stout                        5       3,880
                                                             6            
                                                             7            
                                                                     4,770
                                                                    23,610
                          F. B. Culley                       2       4,290
                                                             3            
                                                                    16,970
                          F. E. Ratts                        1       8,330
                                                             2            
                                                                     8,480
                          Gibson                             1      40,400
                                                             2            
                                                             3            
                                                             4            
                                                                    41,010
                                                                    41,080
                                                                    40,320
                          H. T. Pritchard                    6       5,770
                          Michigan City                     12      23,310
                          Petersburg                         1      16,430
                                                             2            
                                                                    32,380
                          R. Gallagher                       1       6,490
                                                             2            
                                                             3            
                                                             4            
                                                                     7,280
                                                                     6,530
                                                                     7,650
                          Tanners Creek                      4      24,820
                          Wabash River                       1       4,000
                                                             2            
                                                             3            
                                                             5            
                                                             6            
                                                                     2,860
                                                                     3,750
                                                                     3,670
                                                                    12,280
                          Warrick                            4      26,980
    Iowa                  Burlington                         1      10,710
                          Des Moines                         7       2,320
                          George Neal                        1       1,290
                          M.L. Kapp                          2      13,800
                          Prairie Creek                      4       8,180
                          Riverside                          5       3,990
    Kansas                Quindaro                           2       4,220
    Kentucky              Coleman                            1      11,250
                                                             2            
                                                             3            
                                                                    12,840
                                                                    12,340
                          Cooper                             1       7,450
                                                             2            
                                                                    15,320
                          E.W. Brown                         1       7,110
                                                             2            
                                                             3            
                                                                    10,910
                                                                    26,100
                          Elmer Smith                        1       6,520
                                                             2            
                                                                    14,410
                          Ghent                              1      28,410
                          Green River                        4       7,820
                          H.L. Spurlock                      1      22,780
                          Henderson II                       1      13,340
                                                             2            
                                                                    12,310
                          Paradise                           3      59,170
                          Shawnee                           10      10,170
    Maryland              Chalk Point                        1      21,910
                                                             2            
                                                                    24,330
                          C. P. Crane                        1      10,330
                                                             2            
                                                                     9,230
                          Morgantown                         1      35,260
                                                             2            
                                                                    38,480
    Michigan              J. H. Campbell                     1      19,280
                                                             2            
                                                                    23,060
    Minnesota             High Bridge                        6       4,270
    Mississippi           Jack Watson                        4      17,910
                                                             5            
                                                                    36,700
    Missouri              Asbury                             1      16,190
                          James River                        5       4,850
                          Labadie                            1      40,110
                                                             2            
                                                             3            
                                                             4            
                                                                    37,710
                                                                    40,310
                                                                    35,940
                          Montrose                           1       7,390
                                                             2            
                                                             3            
                                                                     8,200
                                                                    10,090
                          New Madrid                         1      28,240
                                                             2            
                                                                    32,480
                          Sibley                             3      15,580
                          Sioux                              1      22,570
                                                             2            
                                                                    23,690
                          Thomas Hill                        1      10,250
                                                             2            
                                                                    19,390
    New Hampshire         Merrimack                          1      10,190
                                                             2            
                                                                    22,000
    New Jersey            B.L. England                       1       9,060
                                                             2            
                                                                    11,720
    New York              Dunkirk                            3      12,600
                                                             4            
                                                                    14,060
                          Greenidge                          4       7,540
                          Milliken                           1      11,170
                                                             2            
                                                                    12,410
                          Northport                          1      19,810
                                                             2            
                                                             3            
                                                                    24,110
                                                                    26,480
                          Port Jefferson                     3      10,470
                                                             4            
                                                                    12,330
    Ohio                  Ashtabula                          5      16,740
                          Avon Lake                          8      11,650
                                                             9            
                                                                    30,480
                          Cardinal                           1      34,270
                                                             2            
                                                                    38,320
                          Conesville                         1       4,210
                                                             2            
                                                             3            
                                                             4            
                                                                     4,890
                                                                     5,500
                                                                    48,770
                          Eastlake                           1       7,800
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                                     8,640
                                                                    10,020
                                                                    14,510
                                                                    34,070
                          Edgewater                          4       5,050
                          Gen. J.M. Gavin                    1      79,080
                                                             2            
                                                                    80,560
                          Kyger Creek                        1      19,280
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                                    18,560
                                                                    17,910
                                                                    18,710
                                                                    18,740
                          Miami Fort                         5         760
                                                             6            
                                                             7            
                                                                    11,380
                                                                    38,510
                          Muskingum River                    1      14,880
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                                    14,170
                                                                    13,950
                                                                    11,780
                                                                    40,470
                          Niles                              1       6,940
                                                             2            
                                                                     9,100
                          Picway                             5       4,930
                          R.E. Burger                        3       6,150
                                                             4            
                                                             5            
                                                                    10,780
                                                                    12,430
                          W.H. Sammis                        5      24,170
                                                             6            
                                                             7            
                                                                    39,930
                                                                    43,220
                          W.C. Beckjord                      5       8,950
                                                             6            
                                                                    23,020
    Pennsylvania          Armstrong                          1      14,410
                                                             2            
                                                                    15,430
                          Brunner Island                     1      27,760
                                                             2            
                                                             3            
                                                                    31,100
                                                                    53,820
                          Cheswick                           1      39,170
                          Conemaugh                          1      59,790
                                                             2            
                                                                    66,450
                          Hatfield's Ferry                   1      37,830
                                                             2            
                                                             3            
                                                                    37,320
                                                                    40,270
                          Martins Creek                      1      12,660
                                                             2            
                                                                    12,820
                          Portland                           1       5,940
                                                             2            
                                                                    10,230
                          Shawville                          1      10,320
                                                             2            
                                                             3            
                                                             4            
                                                                    10,320
                                                                    14,220
                                                                    14,070
                          Sunbury                            3       8,760
                                                             4            
                                                                    11,450
    Tennessee             Allen                              1      15,320
                                                             2            
                                                             3            
                                                                    16,770
                                                                    15,670
                          Cumberland                         1      86,700
                                                             2            
                                                                    94,840
                          Gallatin                           1      17,870
                                                             2            
                                                             3            
                                                             4            
                                                                    17,310
                                                                    20,020
                                                                    21,260
                          Johnsonville                       1       7,790
                                                             2            
                                                             3            
                                                             4            
                                                             5            
                                                             6            
                                                             7            
                                                             8            
                                                             9            
                                                            10            
                                                                     8,040
                                                                     8,410
                                                                     7,990
                                                                     8,240
                                                                     7,890
                                                                     8,980
                                                                     8,700
                                                                     7,080
                                                                     7,550
    West Virginia         Albright                           3      12,000
                          Fort Martin                        1      41,590
                                                             2            
                                                                    41,200
                          Harrison                           1      48,620
                                                             2            
                                                             3            
                                                                    46,150
                                                                    41,500
                          Kammer                             1      18,740
                                                             2            
                                                             3            
                                                                    19,460
                                                                    17,390
                          Mitchell                           1      43,980
                                                             2            
                                                                    45,510
                          Mount Storm                        1      43,720
                                                             2            
                                                             3            
                                                                    35,580
                                                                    42,430
    Wisconsin             Edgewater                          4      24,750
                          La Crosse/Genoa                    3      22,700
                          Nelson Dewey                       1       6,010
                                                             2            
                                                                     6,680
                          N. Oak Creek                       1       5,220
                                                             2            
                                                             3            
                                                             4            
                                                                     5,140
                                                                     5,370
                                                                     6,320
                          Pulliam                            8       7,510
                          S. Oak Creek                       5       9,670
                                                             6            
                                                             7            
                                                             8            
                                                                    12,040
                                                                    16,180
                                                                    15,790
    --------------------------------------------------------------------

    (f) Energy conservation and renewable energy
      (1) Definitions
        As used in this subsection:
        (A) Qualified energy conservation measure
          The term "qualified energy conservation measure" means a cost
        effective measure, as identified by the Administrator in
        consultation with the Secretary of Energy, that increases the
        efficiency of the use of electricity provided by an electric
        utility to its customers.
        (B) Qualified renewable energy
          The term "qualified renewable energy" means energy derived
        from biomass, solar, geothermal, or wind as identified by the
        Administrator in consultation with the Secretary of Energy.
        (C) Electric utility
          The term "electric utility" means any person, State agency,
        or Federal agency, which sells electric energy.
      (2) Allowances for emissions avoided through energy conservation
        and renewable energy
        (A) In general
          The regulations under paragraph (4) of this subsection shall
        provide that for each ton of sulfur dioxide emissions avoided
        by an electric utility, during the applicable period, through
        the use of qualified energy conservation measures or qualified
        renewable energy, the Administrator shall allocate a single
        allowance to such electric utility, on a first-come-first-
        served basis from the Conservation and Renewable Energy
        Reserve established under subsection (g) of this section, up to
        a total of 300,000 allowances for allocation from such Reserve.
        (B) Requirements for issuance
          The Administrator shall allocate allowances to an electric
        utility under this subsection only if all of the following
        requirements are met:
            (i) Such electric utility is paying for the qualified
          energy conservation measures or qualified renewable energy
          directly or through purchase from another person.
            (ii) The emissions of sulfur dioxide avoided through the
          use of qualified energy conservation measures or qualified
          renewable energy are quantified in accordance with
          regulations promulgated by the Administrator under this
          subsection.
            (iii)(I) Such electric utility has adopted and is
          implementing a least cost energy conservation and electric
          power plan which evaluates a range of resources, including
          new power supplies, energy conservation, and renewable energy
          resources, in order to meet expected future demand at the
          lowest system cost.
            (II) The qualified energy conservation measures or
          qualified renewable energy, or both, are consistent with that
          plan.
            (III) Electric utilities subject to the jurisdiction of a
          State regulatory authority must have such plan approved by
          such authority. For electric utilities not subject to the
          jurisdiction of a State regulatory authority such plan shall
          be approved by the entity with rate-making authority for such
          utility.
            (iv) In the case of qualified energy conservation measures
          undertaken by a State regulated electric utility, the
          Secretary of Energy certifies that the State regulatory
          authority with jurisdiction over the electric rates of such
          electric utility has established rates and charges which
          ensure that the net income of such electric utility after
          implementation of specific cost effective energy conservation
          measures is at least as high as such net income would have
          been if the energy conservation measures had not been
          implemented. Upon the date of any such certification by the
          Secretary of Energy, all allowances which, but for this
          paragraph, would have been allocated under subparagraph (A)
          before such date, shall be allocated to the electric utility.
          This clause is not a requirement for qualified renewable
          energy.
            (v) Such utility or any subsidiary of the utility's holding
          company owns or operates at least one affected unit.
        (C) Period of applicability
          Allowances under this subsection shall be allocated only with
        respect to kilowatt hours of electric energy saved by qualified
        energy conservation measures or generated by qualified
        renewable energy after January 1, 1992 and before the earlier
        of (i) December 31, 2000, or (ii) the date on which any
        electric utility steam generating unit owned or operated by the
        electric utility to which the allowances are allocated becomes
        subject to this subchapter (including those sources that elect
        to become affected by this subchapter, pursuant to section
        7651i of this title).
        (D) Determination of avoided emissions
          (i) Application
            In order to receive allowances under this subsection, an
          electric utility shall make an application which - 
              (I) designates the qualified energy conservation measures
            implemented and the qualified renewable energy sources used
            for purposes of avoiding emissions,(!4)

              (II) calculates, in accordance with subparagraphs (F) and
            (G), the number of tons of emissions avoided by reason of
            the implementation of such measures or the use of such
            renewable energy sources; and
              (III) demonstrates that the requirements of subparagraph
            (B) have been met.

          Such application for allowances by a State-regulated electric
          utility shall require approval by the State regulatory
          authority with jurisdiction over such electric utility. The
          authority shall review the application for accuracy and
          compliance with this subsection and the rules under this
          subsection. Electric utilities whose retail rates are not
          subject to the jurisdiction of a State regulatory authority
          shall apply directly to the Administrator for such approval.
        (E) Avoided emissions from qualified energy conservation
          measures
          For the purposes of this subsection, the emission tonnage
        deemed avoided by reason of the implementation of qualified
        energy conservation measures for any calendar year shall be a
        tonnage equal to the product of multiplying - 
            (i) the kilowatt hours that would otherwise have been
          supplied by the utility during such year in the absence of
          such qualified energy conservation measures, by
            (ii) 0.004,

        and dividing by 2,000.
        (F) Avoided emissions from the use of qualified renewable
          energy
          The emissions tonnage deemed avoided by reason of the use of
        qualified renewable energy by an electric utility for any
        calendar year shall be a tonnage equal to the product of
        multiplying - 
            (i) the actual kilowatt hours generated by, or purchased
          from, qualified renewable energy, by
            (ii) 0.004,

        and dividing by 2,000.
        (G) Prohibitions
          (i) No allowances shall be allocated under this subsection
        for the implementation of programs that are exclusively
        informational or educational in nature.
          (ii) No allowances shall be allocated for energy conservation
        measures or renewable energy that were operational before
        January 1, 1992.
      (3) Savings provision
        Nothing in this subsection precludes a State or State
      regulatory authority from providing additional incentives to
      utilities to encourage investment in demand-side resources.
      (4) Regulations
        Not later than 18 months after November 15, 1990, and in
      conjunction with the regulations required to be promulgated under
      subsections (b) and (c) of this section, the Administrator shall,
      in consultation with the Secretary of Energy, promulgate
      regulations under this subsection. Such regulations shall list
      energy conservation measures and renewable energy sources which
      may be treated as qualified energy conservation measures and
      qualified renewable energy for purposes of this subsection.
      Allowances shall only be allocated if all requirements of this
      subsection and the rules promulgated to implement this subsection
      are complied with. The Administrator shall review the
      determinations of each State regulatory authority under this
      subsection to encourage consistency from electric utility to
      electric utility and from State to State in accordance with the
      Administrator's rules. The Administrator shall publish the
      findings of this review no less than annually.
    (g) Conservation and Renewable Energy Reserve
      The Administrator shall establish a Conservation and Renewable
    Energy Reserve under this subsection. Beginning on January 1, 1995,
    the Administrator may allocate from the Conservation and Renewable
    Energy Reserve an amount equal to a total of 300,000 allowances for
    emissions of sulfur dioxide pursuant to section 7651b of this
    title. In order to provide 300,000 allowances for such reserve, in
    each year beginning in calendar year 2000 and until calendar year
    2009, inclusive, the Administrator shall reduce each unit's basic
    Phase II allowance allocation on the basis of its pro rata share of
    30,000 allowances. If allowances remain in the reserve after
    January 2, 2010, the Administrator shall allocate such allowances
    for affected units under section 7651d of this title on a pro rata
    basis. For purposes of this subsection, for any unit subject to the
    emissions limitation requirements of section 7651d of this title,
    the term "pro rata basis" refers to the ratio which the reductions
    made in such unit's allowances in order to establish the reserve
    under this subsection bears to the total of such reductions for all
    such units.
    (h) Alternative allowance allocation for units in certain utility
      systems with optional baseline
      (1) Optional baseline for units in certain systems
        In the case of a unit subject to the emissions limitation
      requirements of this section which (as of November 15, 1990) - 
          (A) has an emission rate below 1.0 lbs/mmBtu,
          (B) has decreased its sulfur dioxide emissions rate by 60
        percent or greater since 1980, and
          (C) is part of a utility system which has a weighted average
        sulfur dioxide emissions rate for all fossil fueled-fired units
        below 1.0 lbs/mmBtu,

      at the election of the owner or operator of such unit, the unit's
      baseline may be calculated (i) as provided under section 7651a(d)
      (!5) of this title, or (ii) by utilizing the unit's average
      annual fuel consumption at a 60 percent capacity factor. Such
      election shall be made no later than March 1, 1991.

      (2) Allowance allocation
        Whenever a unit referred to in paragraph (1) elects to
      calculate its baseline as provided in clause (ii) of paragraph
      (1), the Administrator shall allocate allowances for the unit
      pursuant to section 7651b(a)(1) of this title, this section, and
      section 7651d of this title (as basic Phase II allowance
      allocations) in an amount equal to the baseline selected
      multiplied by the lower of the average annual emission rate for
      such unit in 1989, or 1.0 lbs./mmBtu. Such allowance allocation
      shall be in lieu of any allocation of allowances under this
      section and section 7651d of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 404, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2592.)

-FOOTNOTE-
    (!1) So in original. Probably should be section "7651a(4)".

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

    (!3) So in original. Probably should be "impracticability".

               

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

    (!5) So in original. Probably should be section "7651a(4)".

-End-

-CITE-
    42 USC Sec. 7651d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651d. Phase II sulfur dioxide requirements

-STATUTE-
    (a) Applicability
      (1) After January 1, 2000, each existing utility unit as provided
    below is subject to the limitations or requirements of this
    section. Each utility unit subject to an annual sulfur dioxide
    tonnage emission limitation under this section is an affected unit
    under this subchapter. Each source that includes one or more
    affected units is an affected source. In the case of an existing
    unit that was not in operation during calendar year 1985, the
    emission rate for a calendar year after 1985, as determined by the
    Administrator, shall be used in lieu of the 1985 rate. The owner or
    operator of any unit operated in violation of this section shall be
    fully liable under this chapter for fulfilling the obligations
    specified in section 7651j of this title.
      (2) In addition to basic Phase II allowance allocations, in each
    year beginning in calendar year 2000 and ending in calendar year
    2009, inclusive, the Administrator shall allocate up to 530,000
    Phase II bonus allowances pursuant to subsections (b)(2), (c)(4),
    (d)(3)(A) and (B), and (h)(2) of this section and section 7651e of
    this title. Not later than June 1, 1998, the Administrator shall
    calculate, for each unit granted an extension pursuant to section
    7651h of this title the difference between (A) the number of
    allowances allocated for the unit in calendar year 2000, and (B)
    the product of the unit's baseline multiplied by 1.20 lbs/mmBtu,
    divided by 2000, and sum the computations. In each year, beginning
    in calendar year 2000 and ending in calendar year 2009, inclusive,
    the Administrator shall deduct from each unit's basic Phase II
    allowance allocation its pro rata share of 10 percent of the sum
    calculated pursuant to the preceding sentence.
      (3) In addition to basic Phase II allowance allocations and Phase
    II bonus allowance allocations, beginning January 1, 2000, the
    Administrator shall allocate for each unit listed on Table A in
    section 7651c of this title (other than units at Kyger Creek,
    Clifty Creek, and Joppa Steam) and located in the States of
    Illinois, Indiana, Ohio, Georgia, Alabama, Missouri, Pennsylvania,
    West Virginia, Kentucky, or Tennessee allowances in an amount equal
    to 50,000 multiplied by the unit's pro rata share of the total
    number of basic allowances allocated for all units listed on Table
    A (other than units at Kyger Creek, Clifty Creek, and Joppa Steam).
    Allowances allocated pursuant to this paragraph shall not be
    subject to the 8,900,000 ton limitation in section 7651b(a) of this
    title.
    (b) Units equal to, or above, 75 MWe and 1.20 lbs/mmBtu
      (1) Except as otherwise provided in paragraph (3), after January
    1, 2000, it shall be unlawful for any existing utility unit that
    serves a generator with nameplate capacity equal to, or greater,
    than 75 MWe and an actual 1985 emission rate equal to or greater
    than 1.20 lbs/mmBtu to exceed an annual sulfur dioxide tonnage
    emission limitation equal to the product of the unit's baseline
    multiplied by an emission rate equal to 1.20 lbs/mmBtu, divided by
    2,000, unless the owner or operator of such unit holds allowances
    to emit not less than the unit's total annual emissions.
      (2) In addition to allowances allocated pursuant to paragraph (1)
    and section 7651b(a)(1) of this title as basic Phase II allowance
    allocations, beginning January 1, 2000, and for each calendar year
    thereafter until and including 2009, the Administrator shall
    allocate annually for each unit subject to the emissions limitation
    requirements of paragraph (1) with an actual 1985 emissions rate
    greater than 1.20 lbs/mmBtu and less than 2.50 lbs/mmBtu and a
    baseline capacity factor of less than 60 percent, allowances from
    the reserve created pursuant to subsection (a)(2) of this section
    in an amount equal to 1.20 lbs/mmBtu multiplied by 50 percent of
    the difference, on a Btu basis, between the unit's baseline and the
    unit's fuel consumption at a 60 percent capacity factor.
      (3) After January 1, 2000, it shall be unlawful for any existing
    utility unit with an actual 1985 emissions rate equal to or greater
    than 1.20 lbs/mmBtu whose annual average fuel consumption during
    1985, 1986, and 1987 on a Btu basis exceeded 90 percent in the form
    of lignite coal which is located in a State in which, as of July 1,
    1989, no county or portion of a county was designated nonattainment
    under section 7407 of this title for any pollutant subject to the
    requirements of section 7409 of this title to exceed an annual
    sulfur dioxide tonnage limitation equal to the product of the
    unit's baseline multiplied by the lesser of the unit's actual 1985
    emissions rate or its allowable 1985 emissions rate, divided by
    2,000, unless the owner or operator of such unit holds allowances
    to emit not less than the unit's total annual emissions.
      (4) After January 1, 2000, the Administrator shall allocate
    annually for each unit, subject to the emissions limitation
    requirements of paragraph (1), which is located in a State with an
    installed electrical generating capacity of more than 30,000,000 kw
    in 1988 and for which was issued a prohibition order or a proposed
    prohibition order (from burning oil), which unit subsequently
    converted to coal between January 1, 1980 and December 31, 1985,
    allowances equal to the difference between (A) the product of the
    unit's annual fuel consumption, on a Btu basis, at a 65 percent
    capacity factor multiplied by the lesser of its actual or allowable
    emissions rate during the first full calendar year after
    conversion, divided by 2,000, and (B) the number of allowances
    allocated for the unit pursuant to paragraph (1): Provided, That
    the number of allowances allocated pursuant to this paragraph shall
    not exceed an annual total of five thousand. If necessary to
    meeting the restriction imposed in the preceding sentence the
    Administrator shall reduce, pro rata, the annual allowances
    allocated for each unit under this paragraph.
    (c) Coal or oil-fired units below 75 MWe and above 1.20 lbs/mmBtu
      (1) Except as otherwise provided in paragraph (3), after January
    1, 2000, it shall be unlawful for a coal or oil-fired existing
    utility unit that serves a generator with nameplate capacity of
    less than 75 MWe and an actual 1985 emission rate equal to, or
    greater than, 1.20 lbs/mmBtu and which is a unit owned by a utility
    operating company whose aggregate nameplate fossil fuel steam-
    electric capacity is, as of December 31, 1989, equal to, or
    greater than, 250 MWe to exceed an annual sulfur dioxide emissions
    limitation equal to the product of the unit's baseline multiplied
    by an emission rate equal to 1.20 lbs/mmBtu, divided by 2,000,
    unless the owner or operator of such unit holds allowances to emit
    not less than the unit's total annual emissions.
      (2) After January 1, 2000, it shall be unlawful for a coal or oil-
    fired existing utility unit that serves a generator with nameplate
    capacity of less than 75 MWe and an actual 1985 emission rate equal
    to, or greater than, 1.20 lbs/mmBtu (excluding units subject to
    section 7411 of this title or to a federally enforceable emissions
    limitation for sulfur dioxide equivalent to an annual rate of less
    than 1.20 lbs/mmBtu) and which is a unit owned by a utility
    operating company whose aggregate nameplate fossil fuel steam-
    electric capacity is, as of December 31, 1989, less than 250 MWe,
    to exceed an annual sulfur dioxide tonnage emissions limitation
    equal to the product of the unit's baseline multiplied by the
    lesser of its actual 1985 emissions rate or its allowable 1985
    emissions rate, divided by 2,000, unless the owner or operator of
    such unit holds allowances to emit not less than the unit's total
    annual emissions.
      (3) After January 1, 2000, it shall be unlawful for any existing
    utility unit with a nameplate capacity below 75 MWe and an actual
    1985 emissions rate equal to, or greater than, 1.20 lbs/mmBtu which
    became operational on or before December 31, 1965, which is owned
    by a utility operating company with, as of December 31, 1989, a
    total fossil fuel steam-electric generating capacity greater than
    250 MWe, and less than 450 MWe which serves fewer than 78,000
    electrical customers as of November 15, 1990, to exceed an annual
    sulfur dioxide emissions tonnage limitation equal to the product of
    its baseline multiplied by the lesser of its actual or allowable
    1985 emission rate, divided by 2,000, unless the owner or operator
    holds allowances to emit not less than the units (!1) total annual
    emissions. After January 1, 2010, it shall be unlawful for each
    unit subject to the emissions limitation requirements of this
    paragraph to exceed an annual emissions tonnage limitation equal to
    the product of its baseline multiplied by an emissions rate of 1.20
    lbs/mmBtu, divided by 2,000, unless the owner or operator holds
    allowances to emit not less than the unit's total annual emissions.

      (4) In addition to allowances allocated pursuant to paragraph (1)
    and section 7651b(a)(1) of this title as basic Phase II allowance
    allocations, beginning January 1, 2000, and for each calendar year
    thereafter until and including 2009, inclusive, the Administrator
    shall allocate annually for each unit subject to the emissions
    limitation requirements of paragraph (1) with an actual 1985
    emissions rate equal to, or greater than, 1.20 lbs/mmBtu and less
    than 2.50 lbs/mmBtu and a baseline capacity factor of less than 60
    percent, allowances from the reserve created pursuant to subsection
    (a)(2) of this section in an amount equal to 1.20 lbs/mmBtu
    multiplied by 50 percent of the difference, on a Btu basis, between
    the unit's baseline and the unit's fuel consumption at a 60 percent
    capacity factor.
      (5) After January 1, 2000, it shall be unlawful for any existing
    utility unit with a nameplate capacity below 75 MWe and an actual
    1985 emissions rate equal to, or greater than, 1.20 lbs/mmBtu which
    is part of an electric utility system which, as of November 15,
    1990, (A) has at least 20 percent of its fossil-fuel capacity
    controlled by flue gas desulfurization devices, (B) has more than
    10 percent of its fossil-fuel capacity consisting of coal-fired
    units of less than 75 MWe, and (C) has large units (greater than
    400 MWe) all of which have difficult or very difficult FGD Retrofit
    Cost Factors (according to the Emissions and the FGD Retrofit
    Feasibility at the 200 Top Emitting Generating Stations, prepared
    for the United States Environmental Protection Agency on January
    10, 1986) to exceed an annual sulfur dioxide emissions tonnage
    limitation equal to the product of its baseline multiplied by an
    emissions rate of 2.5 lbs/mmBtu, divided by 2,000, unless the owner
    or operator holds allowances to emit not less than the unit's total
    annual emissions. After January 1, 2010, it shall be unlawful for
    each unit subject to the emissions limitation requirements of this
    paragraph to exceed an annual emissions tonnage limitation equal to
    the product of its baseline multiplied by an emissions rate of 1.20
    lbs/mmBtu, divided by 2,000, unless the owner or operator holds for
    use allowances to emit not less than the unit's total annual
    emissions.
    (d) Coal-fired units below 1.20 lbs/mmBtu
      (1) After January 1, 2000, it shall be unlawful for any existing
    coal-fired utility unit the lesser of whose actual or allowable
    1985 sulfur dioxide emissions rate is less than 0.60 lbs/mmBtu to
    exceed an annual sulfur dioxide tonnage emission limitation equal
    to the product of the unit's baseline multiplied by (A) the lesser
    of 0.60 lbs/mmBtu or the unit's allowable 1985 emissions rate, and
    (B) a numerical factor of 120 percent, divided by 2,000, unless the
    owner or operator of such unit holds allowances to emit not less
    than the unit's total annual emissions.
      (2) After January 1, 2000, it shall be unlawful for any existing
    coal-fired utility unit the lesser of whose actual or allowable
    1985 sulfur dioxide emissions rate is equal to, or greater than,
    0.60 lbs/mmBtu and less than 1.20 lbs/mmBtu to exceed an annual
    sulfur dioxide tonnage emissions limitation equal to the product of
    the unit's baseline multiplied by (A) the lesser of its actual 1985
    emissions rate or its allowable 1985 emissions rate, and (B) a
    numerical factor of 120 percent, divided by 2,000, unless the owner
    or operator of such unit holds allowances to emit not less than the
    unit's total annual emissions.
      (3)(A) In addition to allowances allocated pursuant to paragraph
    (1) and section 7651b(a)(1) of this title as basic Phase II
    allowance allocations, at the election of the designated
    representative of the operating company, beginning January 1, 2000,
    and for each calendar year thereafter until and including 2009, the
    Administrator shall allocate annually for each unit subject to the
    emissions limitation requirements of paragraph (1) allowances from
    the reserve created pursuant to subsection (a)(2) of this section
    in an amount equal to the amount by which (i) the product of the
    lesser of 0.60 lbs/mmBtu or the unit's allowable 1985 emissions
    rate multiplied by the unit's baseline adjusted to reflect
    operation at a 60 percent capacity factor, divided by 2,000,
    exceeds (ii) the number of allowances allocated for the unit
    pursuant to paragraph (1) and section 7651b(a)(1) of this title as
    basic Phase II allowance allocations.
      (B) In addition to allowances allocated pursuant to paragraph (2)
    and section 7651b(a)(1) of this title as basic Phase II allowance
    allocations, at the election of the designated representative of
    the operating company, beginning January 1, 2000, and for each
    calendar year thereafter until and including 2009, the
    Administrator shall allocate annually for each unit subject to the
    emissions limitation requirements of paragraph (2) allowances from
    the reserve created pursuant to subsection (a)(2) of this section
    in an amount equal to the amount by which (i) the product of the
    lesser of the unit's actual 1985 emissions rate or its allowable
    1985 emissions rate multiplied by the unit's baseline adjusted to
    reflect operation at a 60 percent capacity factor, divided by
    2,000, exceeds (ii) the number of allowances allocated for the unit
    pursuant to paragraph (2) and section 7651b(a)(1) of this title as
    basic Phase II allowance allocations.
      (C) An operating company with units subject to the emissions
    limitation requirements of this subsection may elect the allocation
    of allowances as provided under subparagraphs (A) and (B). Such
    election shall apply to the annual allowance allocation for each
    and every unit in the operating company subject to the emissions
    limitation requirements of this subsection. The Administrator shall
    allocate allowances pursuant to subparagraphs (A) and (B) only in
    accordance with this subparagraph.
      (4) Notwithstanding any other provision of this section, at the
    election of the owner or operator, after January 1, 2000, the
    Administrator shall allocate in lieu of allocation, pursuant to
    paragraph (1), (2), (3), (5), or (6), allowances for a unit subject
    to the emissions limitation requirements of this subsection which
    commenced commercial operation on or after January 1, 1981 and
    before December 31, 1985, which was subject to, and in compliance
    with, section 7411 of this title in an amount equal to the unit's
    annual fuel consumption, on a Btu basis, at a 65 percent capacity
    factor multiplied by the unit's allowable 1985 emissions rate,
    divided by 2,000.
      (5) For the purposes of this section, in the case of an oil- and
    gas-fired unit which has been awarded a clean coal technology
    demonstration grant as of January 1, 1991, by the United States
    Department of Energy, beginning January 1, 2000, the Administrator
    shall allocate for the unit allowances in an amount equal to the
    unit's baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000.
    (e) Oil and gas-fired units equal to or greater than 0.60 lbs/mmBtu
      and less than 1.20 lbs/mmBtu
      After January 1, 2000, it shall be unlawful for any existing oil
    and gas-fired utility unit the lesser of whose actual or allowable
    1985 sulfur dioxide emission rate is equal to, or greater than,
    0.60 lbs/mmBtu, but less than 1.20 lbs/mmBtu to exceed an annual
    sulfur dioxide tonnage limitation equal to the product of the
    unit's baseline multiplied by (A) the lesser of the unit's
    allowable 1985 emissions rate or its actual 1985 emissions rate and
    (B) a numerical factor of 120 percent divided by 2,000, unless the
    owner or operator of such unit holds allowances to emit not less
    than the unit's total annual emissions.
    (f) Oil and gas-fired units less than 0.60 lbs/mmBtu
      (1) After January 1, 2000, it shall be unlawful for any oil and
    gas-fired existing utility unit the lesser of whose actual or
    allowable 1985 emission rate is less than 0.60 lbs/mmBtu and whose
    average annual fuel consumption during the period 1980 through 1989
    on a Btu basis was 90 percent or less in the form of natural gas to
    exceed an annual sulfur dioxide tonnage emissions limitation equal
    to the product of the unit's baseline multiplied by (A) the lesser
    of 0.60 lbs/mmBtu or the unit's allowable 1985 emissions, and (B) a
    numerical factor of 120 percent, divided by 2,000, unless the owner
    or operator of such unit holds allowances to emit not less than the
    unit's total annual emissions.
      (2) In addition to allowances allocated pursuant to paragraph (1)
    as basic Phase II allowance allocations and section 7651b(a)(1) of
    this title, beginning January 1, 2000, the Administrator shall,(!2)
    in the case of any unit operated by a utility that furnishes
    electricity, electric energy, steam, and natural gas within an area
    consisting of a city and 1 contiguous county, and in the case of
    any unit owned by a State authority, the output of which unit is
    furnished within that same area consisting of a city and 1
    contiguous county, the Administrator shall allocate for each unit
    in the utility its pro rata share of 7,000 allowances and for each
    unit in the State authority its pro rata share of 2,000 allowances.

    (g) Units that commence operation between 1986 and December 31,
      1995
      (1) After January 1, 2000, it shall be unlawful for any utility
    unit that has commenced commercial operation on or after January 1,
    1986, but not later than September 30, 1990 to exceed an annual
    tonnage emission limitation equal to the product of the unit's
    annual fuel consumption, on a Btu basis, at a 65 percent capacity
    factor multiplied by the unit's allowable 1985 sulfur dioxide
    emission rate (converted, if necessary, to pounds per mmBtu),
    divided by 2,000 unless the owner or operator of such unit holds
    allowances to emit not less than the unit's total annual emissions.
      (2) After January 1, 2000, the Administrator shall allocate
    allowances pursuant to section 7651b of this title to each unit
    which is listed in table B of this paragraph in an annual amount
    equal to the amount specified in table B.

                                  TABLE B                              
    --------------------------------------------------------------------
                            Unit                            2Allowances 
    --------------------------------------------------------------------
      Brandon Shores                                               8,907
      Miller 4                                                     9,197
      TNP One 2                                                    4,000
      Zimmer 1                                                    18,458
      Spruce 1                                                     7,647
      Clover 1                                                     2,796
      Clover 2                                                     2,796
      Twin Oak 2                                                   1,760
      Twin Oak 1                                                   9,158
      Cross 1                                                      6,401
      Malakoff 1                                                   1,759
    --------------------------------------------------------------------

    Notwithstanding any other paragraph of this subsection, for units
    subject to this paragraph, the Administrator shall not allocate
    allowances pursuant to any other paragraph of this subsection,
    Provided (!3) that the owner or operator of a unit listed on Table
    B may elect an allocation of allowances under another paragraph of
    this subsection in lieu of an allocation under this paragraph.

      (3) Beginning January 1, 2000, the Administrator shall allocate
    to the owner or operator of any utility unit that commences
    commercial operation, or has commenced commercial operation, on or
    after October 1, 1990, but not later than December 31, 1992
    allowances in an amount equal to the product of the unit's annual
    fuel consumption, on a Btu basis, at a 65 percent capacity factor
    multiplied by the lesser of 0.30 lbs/mmBtu or the unit's allowable
    sulfur dioxide emission rate (converted, if necessary, to pounds
    per mmBtu), divided by 2,000.
      (4) Beginning January 1, 2000, the Administrator shall allocate
    to the owner or operator of any utility unit that has commenced
    construction before December 31, 1990 and that commences commercial
    operation between January 1, 1993 and December 31, 1995, allowances
    in an amount equal to the product of the unit's annual fuel
    consumption, on a Btu basis, at a 65 percent capacity factor
    multiplied by the lesser of 0.30 lbs/mmBtu or the unit's allowable
    sulfur dioxide emission rate (converted, if necessary, to pounds
    per mmBtu), divided by 2,000.
      (5) After January 1, 2000, it shall be unlawful for any existing
    utility unit that has completed conversion from predominantly gas
    fired existing operation to coal fired operation between January 1,
    1985 and December 31, 1987, for which there has been allocated a
    proposed or final prohibition order pursuant to section 301(b) (!4)
    of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C.
    8301 et seq, repealed 1987) to exceed an annual sulfur dioxide
    tonnage emissions limitation equal to the product of the unit's
    annual fuel consumption, on a Btu basis, at a 65 percent capacity
    factor multiplied by the lesser of 1.20 lbs/mmBtu or the unit's
    allowable 1987 sulfur dioxide emissions rate, divided by 2,000,
    unless the owner or operator of such unit has obtained allowances
    equal to its actual emissions.

      (6)(A) (!5) Unless the Administrator has approved a designation
    of such facility under section 7651i of this title, the provisions
    of this subchapter shall not apply to a "qualifying small power
    production facility" or "qualifying cogeneration facility" (within
    the meaning of section 796(17)(C) or 796(18)(B) of title 16) or to
    a "new independent power production facility" as defined in section
    7651o of this title except that clause (iii) (!6) of such
    definition in section 7651o of this title shall not apply for
    purposes of this paragraph if, as of November 15, 1990,

        (i) an applicable power sales agreement has been executed;
        (ii) the facility is the subject of a State regulatory
      authority order requiring an electric utility to enter into a
      power sales agreement with, purchase capacity from, or (for
      purposes of establishing terms and conditions of the electric
      utility's purchase of power) enter into arbitration concerning,
      the facility;
        (iii) an electric utility has issued a letter of intent or
      similar instrument committing to purchase power from the facility
      at a previously offered or lower price and a power sales
      agreement is executed within a reasonable period of time; or
        (iv) the facility has been selected as a winning bidder in a
      utility competitive bid solicitation.
    (h) Oil and gas-fired units less than 10 percent oil consumed
      (1) After January 1, 2000, it shall be unlawful for any oil- and
    gas-fired utility unit whose average annual fuel consumption during
    the period 1980 through 1989 on a Btu basis exceeded 90 percent in
    the form of natural gas to exceed an annual sulfur dioxide tonnage
    limitation equal to the product of the unit's baseline multiplied
    by the unit's actual 1985 emissions rate divided by 2,000 unless
    the owner or operator of such unit holds allowances to emit not
    less than the unit's total annual emissions.
      (2) In addition to allowances allocated pursuant to paragraph (1)
    and section 7651b(a)(1) of this title as basic Phase II allowance
    allocations, beginning January 1, 2000, and for each calendar year
    thereafter until and including 2009, the Administrator shall
    allocate annually for each unit subject to the emissions limitation
    requirements of paragraph (1) allowances from the reserve created
    pursuant to subsection (a)(2) of this section in an amount equal to
    the unit's baseline multiplied by 0.050 lbs/mmBtu, divided by
    2,000.
      (3) In addition to allowances allocated pursuant to paragraph (1)
    and section 7651b(a)(1) of this title, beginning January 1, 2010,
    the Administrator shall allocate annually for each unit subject to
    the emissions limitation requirements of paragraph (1) allowances
    in an amount equal to the unit's baseline multiplied by 0.050
    lbs/mmBtu, divided by 2,000.
    (i) Units in high growth States
      (1) In addition to allowances allocated pursuant to this section
    and section 7651b(a)(1) of this title as basic Phase II allowance
    allocations, beginning January 1, 2000, the Administrator shall
    allocate annually allowances for each unit, subject to an emissions
    limitation requirement under this section, and located in a State
    that - 
        (A) has experienced a growth in population in excess of 25
      percent between 1980 and 1988 according to State Population and
      Household Estimates, With Age, Sex, and Components of Change:
      1981-1988 allocated by the United States Department of Commerce,
      and
        (B) had an installed electrical generating capacity of more
      than 30,000,000 kw in 1988,

    in an amount equal to the difference between (A) the number of
    allowances that would be allocated for the unit pursuant to the
    emissions limitation requirements of this section applicable to the
    unit adjusted to reflect the unit's annual average fuel consumption
    on a Btu basis of any three consecutive calendar years between 1980
    and 1989 (inclusive) as elected by the owner or operator and (B)
    the number of allowances allocated for the unit pursuant to the
    emissions limitation requirements of this section: Provided, That
    the number of allowances allocated pursuant to this subsection
    shall not exceed an annual total of 40,000. If necessary to meeting
    the 40,000 allowance restriction imposed under this subsection the
    Administrator shall reduce, pro rata, the additional annual
    allowances allocated to each unit under this subsection.
      (2) Beginning January 1, 2000, in addition to allowances
    allocated pursuant to this section and section 7651b(a)(1) of this
    title as basic Phase II allowance allocations, the Administrator
    shall allocate annually for each unit subject to the emissions
    limitation requirements of subsection (b)(1) of this section, (A)
    the lesser of whose actual or allowable 1980 emissions rate has
    declined by 50 percent or more as of November 15, 1990, (B) whose
    actual emissions rate is less than 1.2 lbs/mmBtu as of January 1,
    2000, (C) which commenced operation after January 1, 1970, (D)
    which is owned by a utility company whose combined commercial and
    industrial kilowatt-hour sales have increased by more than 20
    percent between calendar year 1980 and November 15, 1990, and (E)
    whose company-wide fossil-fuel sulfur dioxide emissions rate has
    declined 40 per centum or more from 1980 to 1988, allowances in an
    amount equal to the difference between (i) the number of allowances
    that would be allocated for the unit pursuant to the emissions
    limitation requirements of subsection (b)(1) of this section
    adjusted to reflect the unit's annual average fuel consumption on a
    Btu basis for any three consecutive years between 1980 and 1989
    (inclusive) as elected by the owner or operator and (ii) the number
    of allowances allocated for the unit pursuant to the emissions
    limitation requirements of subsection (b)(1) of this section:
    Provided, That the number of allowances allocated pursuant to this
    paragraph shall not exceed an annual total of 5,000. If necessary
    to meeting the 5,000-allowance restriction imposed in the last
    clause of the preceding sentence the Administrator shall reduce,
    pro rata, the additional allowances allocated to each unit pursuant
    to this paragraph.
    (j) Certain municipally owned power plants
      Beginning January 1, 2000, in addition to allowances allocated
    pursuant to this section and section 7651b(a)(1) of this title as
    basic Phase II allowance allocations, the Administrator shall
    allocate annually for each existing municipally owned oil and gas-
    fired utility unit with nameplate capacity equal to, or less than,
    40 MWe, the lesser of whose actual or allowable 1985 sulfur dioxide
    emission rate is less than 1.20 lbs/mmBtu, allowances in an amount
    equal to the product of the unit's annual fuel consumption on a Btu
    basis at a 60 percent capacity factor multiplied by the lesser of
    its allowable 1985 emission rate or its actual 1985 emission rate,
    divided by 2,000.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 405, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2605.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 301(b) of the Powerplant and Industrial Fuel Use Act of
    1978, referred to in subsec. (g)(5), is section 301(b) of Pub. L.
    95-620, which is classified to section 8341(b) of this title. A
    prior section 301(b) of Pub. L. 95-620, title III, Nov. 9, 1978, 92
    Stat. 3305, which was formerly classified to section 8341(b) of
    this title, was repealed by Pub. L. 97-35, title X, Sec. 1021(a),
    Aug. 13, 1981, 95 Stat. 614.

-FOOTNOTE-
    (!1) So in original. Probably should be "unit's".

    (!2) So in original. The words "the Administrator shall,"
         probably should not appear.

    (!3) So in original. Probably should not be capitalized.

    (!4) See References in Text note below.

    (!5) So in original. No subpar. (B) has been enacted.

    (!6) So in original. Probably means clause "(C)".

-End-

-CITE-
    42 USC Sec. 7651e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651e. Allowances for States with emissions rates at or below
      0.80 lbs/mmBtu

-STATUTE-
    (a) Election of Governor
      In addition to basic Phase II allowance allocations, upon the
    election of the Governor of any State, with a 1985 state-wide
    annual sulfur dioxide emissions rate equal to or less than, 0.80
    lbs/mmBtu, averaged over all fossil fuel-fired utility steam
    generating units, beginning January 1, 2000, and for each calendar
    year thereafter until and including 2009, the Administrator shall
    allocate, in lieu of other Phase II bonus allowance allocations,
    allowances from the reserve created pursuant to section 7651d(a)(2)
    of this title to all such units in the State in an amount equal to
    125,000 multiplied by the unit's pro rata share of electricity
    generated in calendar year 1985 at fossil fuel-fired utility steam
    units in all States eligible for the election.
    (b) Notification of Administrator
      Pursuant to section 7651b(a)(1) of this title, each Governor of a
    State eligible to make an election under paragraph (!1) (a) shall
    notify the Administrator of such election. In the event that the
    Governor of any such State fails to notify the Administrator of the
    Governor's elections, the Administrator shall allocate allowances
    pursuant to section 7651d of this title.

    (c) Allowances after January 1, 2010
      After January 1, 2010, the Administrator shall allocate
    allowances to units subject to the provisions of this section
    pursuant to section 7651d of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 406, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2613.)

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

-End-

-CITE-
    42 USC Sec. 7651f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651f. Nitrogen oxides emission reduction program

-STATUTE-
    (a) Applicability
      On the date that a coal-fired utility unit becomes an affected
    unit pursuant to sections 7651c, 7651d,(!1) 7651h of this title, or
    on the date a unit subject to the provisions of section 7651c(d) or
    7651h(b) of this title, must meet the SO<sub>2</sub> reduction
    requirements, each such unit shall become an affected unit for
    purposes of this section and shall be subject to the emission
    limitations for nitrogen oxides set forth herein.

    (b) Emission limitations
      (1) Not later than eighteen months after November 15, 1990, the
    Administrator shall by regulation establish annual allowable
    emission limitations for nitrogen oxides for the types of utility
    boilers listed below, which limitations shall not exceed the rates
    listed below: Provided, That the Administrator may set a rate
    higher than that listed for any type of utility boiler if the
    Administrator finds that the maximum listed rate for that boiler
    type cannot be achieved using low NOx burner technology. The
    maximum allowable emission rates are as follows:
        (A) for tangentially fired boilers, 0.45 lb/mmBtu;
        (B) for dry bottom wall-fired boilers (other than units
      applying cell burner technology), 0.50 lb/mmBtu.

    After January 1, 1995, it shall be unlawful for any unit that is an
    affected unit on that date and is of the type listed in this
    paragraph to emit nitrogen oxides in excess of the emission rates
    set by the Administrator pursuant to this paragraph.
      (2) Not later than January 1, 1997, the Administrator shall, by
    regulation, establish allowable emission limitations on a lb/mmBtu,
    annual average basis, for nitrogen oxides for the following types
    of utility boilers:
        (A) wet bottom wall-fired boilers;
        (B) cyclones;
        (C) units applying cell burner technology;
        (D) all other types of utility boilers.

    The Administrator shall base such rates on the degree of reduction
    achievable through the retrofit application of the best system of
    continuous emission reduction, taking into account available
    technology, costs and energy and environmental impacts; and which
    is comparable to the costs of nitrogen oxides controls set pursuant
    to subsection (b)(1) of this section. Not later than January 1,
    1997, the Administrator may revise the applicable emission
    limitations for tangentially fired and dry bottom, wall-fired
    boilers (other than cell burners) to be more stringent if the
    Administrator determines that more effective low NOx burner
    technology is available: Provided, That, no unit that is an
    affected unit pursuant to section 7651c of this title and that is
    subject to the requirements of subsection (b)(1) of this section,
    shall be subject to the revised emission limitations, if any.
    (c) Revised performance standards
      (1) (!2) Not later than January 1, 1993, the Administrator shall
    propose revised standards of performance to section 7411 of this
    title for nitrogen oxides emissions from fossil-fuel fired steam
    generating units, including both electric utility and nonutility
    units. Not later than January 1, 1994, the Administrator shall
    promulgate such revised standards of performance. Such revised
    standards of performance shall reflect improvements in methods for
    the reduction of emissions of oxides of nitrogen.

    (d) Alternative emission limitations
      The permitting authority shall, upon request of an owner or
    operator of a unit subject to this section, authorize an emission
    limitation less stringent than the applicable limitation
    established under subsection (b)(1) or (b)(2) of this section upon
    a determination that - 
        (1) a unit subject to subsection (b)(1) of this section cannot
      meet the applicable limitation using low NOx burner
      technology; or
        (2) a unit subject to subsection (b)(2) of this section cannot
      meet the applicable rate using the technology on which the
      Administrator based the applicable emission limitation.

    The permitting authority shall base such determination upon a
    showing satisfactory to the permitting authority, in accordance
    with regulations established by the Administrator not later than
    eighteen months after November 15, 1990, that the owner or operator
    - 
        (1) has properly installed appropriate control equipment
      designed to meet the applicable emission rate;
        (2) has properly operated such equipment for a period of
      fifteen months (or such other period of time as the Administrator
      determines through the regulations), and provides operating and
      monitoring data for such period demonstrating that the unit
      cannot meet the applicable emission rate; and
        (3) has specified an emission rate that such unit can meet on
      an annual average basis.

    The permitting authority shall issue an operating permit for the
    unit in question, in accordance with section 7651g of this title
    and part B (!3) of title III - 

        (i) that permits the unit during the demonstration period
      referred to in subparagraph (2) above, to emit at a rate in
      excess of the applicable emission rate;
        (ii) at the conclusion of the demonstration period to revise
      the operating permit to reflect the alternative emission rate
      demonstrated in paragraphs (2) and (3) above.

    Units subject to subsection (b)(1) of this section for which an
    alternative emission limitation is established shall not be
    required to install any additional control technology beyond low
    NOx burners. Nothing in this section shall preclude an owner or
    operator from installing and operating an alternative NOx
    control technology capable of achieving the applicable emission
    limitation. If the owner or operator of a unit subject to the
    emissions limitation requirements of subsection (b)(1) of this
    section demonstrates to the satisfaction of the Administrator that
    the technology necessary to meet such requirements is not in
    adequate supply to enable its installation and operation at the
    unit, consistent with system reliability, by January 1, 1995, then
    the Administrator shall extend the deadline for compliance for the
    unit by a period of 15 months. Any owner or operator may petition
    the Administrator to make a determination under the previous
    sentence. The Administrator shall grant or deny such petition
    within 3 months of submittal.
    (e) Emissions averaging
      In lieu of complying with the applicable emission limitations
    under subsection (b)(1), (2), or (d) of this section, the owner or
    operator of two or more units subject to one or more of the
    applicable emission limitations set pursuant to these sections, may
    petition the permitting authority for alternative contemporaneous
    annual emission limitations for such units that ensure that (1) the
    actual annual emission rate in pounds of nitrogen oxides per
    million Btu averaged over the units in question is a rate that is
    less than or equal to (2) the Btu-weighted average annual emission
    rate for the same units if they had been operated, during the same
    period of time, in compliance with limitations set in accordance
    with the applicable emission rates set pursuant to subsections
    (b)(1) and (2) of this section.
      If the permitting authority determines, in accordance with
    regulations issued by the Administrator not later than eighteen
    months after November 15, 1990; (!4) that the conditions in the
    paragraph above can be met, the permitting authority shall issue
    operating permits for such units, in accordance with section 7651g
    of this title and part B (!3) of title III, that allow alternative
    contemporaneous annual emission limitations. Such emission
    limitations shall only remain in effect while both units continue
    operation under the conditions specified in their respective
    operating permits.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 407, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2613.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part B of title III, referred to in subsecs. (d) and (e), means
    title III of the Clean Air Act, act July 14, 1955, ch. 360, as
    added, which is classified to subchapter III of this chapter, but
    title III does not contain parts. For provisions of the Clean Air
    Act relating to permits, see subchapter V (Sec. 7661 et seq.) of
    this chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "or".

    (!2) So in original. No par. (2) has been enacted.

    (!3) See References in Text note below.

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

-End-

-CITE-
    42 USC Sec. 7651g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651g. Permits and compliance plans

-STATUTE-
    (a) Permit program
      The provisions of this subchapter shall be implemented, subject
    to section 7651b of this title, by permits issued to units subject
    to this subchapter (and enforced) in accordance with the provisions
    of subchapter V of this chapter, as modified by this subchapter.
    Any such permit issued by the Administrator, or by a State with an
    approved permit program, shall prohibit - 
        (1) annual emissions of sulfur dioxide in excess of the number
      of allowances to emit sulfur dioxide the owner or operator, or
      the designated representative of the owners or operators, of the
      unit hold for the unit,
        (2) exceedances of applicable emissions rates,
        (3) the use of any allowance prior to the year for which it was
      allocated, and
        (4) contravention of any other provision of the permit.

    Permits issued to implement this subchapter shall be issued for a
    period of 5 years, notwithstanding subchapter V of this chapter. No
    permit shall be issued that is inconsistent with the requirements
    of this subchapter, and subchapter V of this chapter as applicable.
    (b) Compliance plan
      Each initial permit application shall be accompanied by a
    compliance plan for the source to comply with its requirements
    under this subchapter. Where an affected source consists of more
    than one affected unit, such plan shall cover all such units, and
    for purposes of section 7661a(c) of this title, such source shall
    be considered a "facility". Nothing in this section regarding
    compliance plans or in subchapter V of this chapter shall be
    construed as affecting allowances. Except as provided under
    subsection (c)(1)(B) of this section, submission of a statement by
    the owner or operator, or the designated representative of the
    owners and operators, of a unit subject to the emissions limitation
    requirements of sections 7651c, 7651d, and 7651f of this title,
    that the unit will meet the applicable emissions limitation
    requirements of such sections in a timely manner or that, in the
    case of the emissions limitation requirements of sections 7651c and
    7651d of this title, the owners and operators will hold allowances
    to emit not less than the total annual emissions of the unit, shall
    be deemed to meet the proposed and approved compliance planning
    requirements of this section and subchapter V of this chapter,
    except that, for any unit that will meet the requirements of this
    subchapter by means of an alternative method of compliance
    authorized under section 7651c(b), (c), (d), or (f) of this title
    (!1) section 7651f(d) or (e) of this title, section 7651h of this
    title and section 7651i of this title, the proposed and approved
    compliance plan, permit application and permit shall include,
    pursuant to regulations promulgated by the Administrator, for each
    alternative method of compliance a comprehensive description of the
    schedule and means by which the unit will rely on one or more
    alternative methods of compliance in the manner and time authorized
    under this subchapter. Recordation by the Administrator of
    transfers of allowances shall amend automatically all applicable
    proposed or approved permit applications, compliance plans and
    permits. The Administrator may also require - 

        (1) for a source, a demonstration of attainment of national
      ambient air quality standards, and
        (2) from the owner or operator of two or more affected sources,
      an integrated compliance plan providing an overall plan for
      achieving compliance at the affected sources.
    (c) First phase permits
      The Administrator shall issue permits to affected sources under
    sections 7651c and 7651f of this title.
      (1) Permit application and compliance plan
        (A) Not later than 27 months after November 15, 1990, the
      designated representative of the owners or operators, or the
      owner and operator, of each affected source under sections 7651c
      and 7651f of this title shall submit a permit application and
      compliance plan for that source in accordance with regulations
      issued by the Administrator under paragraph (3). The permit
      application and the compliance plan shall be binding on the owner
      or operator or the designated representative of owners and
      operators for purposes of this subchapter and section 7651a(a)
      (!2) of this title, and shall be enforceable in lieu of a permit
      until a permit is issued by the Administrator for the source.

        (B) In the case of a compliance plan for an affected source
      under sections 7651c and 7651f of this title for which the owner
      or operator proposes to meet the requirements of that section by
      reducing utilization of the unit as compared with its baseline or
      by shutting down the unit, the owner or operator shall include in
      the proposed compliance plan a specification of the unit or units
      that will provide electrical generation to compensate for the
      reduced output at the affected source, or a demonstration that
      such reduced utilization will be accomplished through energy
      conservation or improved unit efficiency. The unit to be used for
      such compensating generation, which is not otherwise an affected
      unit under sections 7651c and 7651f of this title, shall be
      deemed an affected unit under section 7651c of this title,
      subject to all of the requirements for such units under this
      subchapter, except that allowances shall be allocated to such
      compensating unit in the amount of an annual limitation equal to
      the product of the unit's baseline multiplied by the lesser of
      the unit's actual 1985 emissions rate or its allowable 1985
      emissions rate, divided by 2,000.
      (2) EPA action on compliance plans
        The Administrator shall review each proposed compliance plan to
      determine whether it satisfies the requirements of this
      subchapter, and shall approve or disapprove such plan within 6
      months after receipt of a complete submission. If a plan is
      disapproved, it may be resubmitted for approval with such changes
      as the Administrator shall require consistent with the
      requirements of this subchapter and within such period as the
      Administrator prescribes as part of such disapproval.
      (3) Regulations; issuance of permits
        Not later than 18 months after November 15, 1990, the
      Administrator shall promulgate regulations, in accordance with
      subchapter V of this chapter, to implement a Federal permit
      program to issue permits for affected sources under this
      subchapter. Following promulgation, the Administrator shall issue
      a permit to implement the requirements of section 7651c of this
      title and the allowances provided under section 7651b of this
      title to the owner or operator of each affected source under
      section 7651c of this title. Such a permit shall supersede any
      permit application and compliance plan submitted under paragraph
      (1).
      (4) Fees
        During the years 1995 through 1999 inclusive, no fee shall be
      required to be paid under section 7661a(b)(3) of this title or
      under section 7410(a)(2)(L) of this title with respect to
      emissions from any unit which is an affected unit under section
      7651c of this title.
    (d) Second phase permits
      (1) To provide for permits for (A) new electric utility steam
    generating units required under section 7651b(e) of this title to
    have allowances, (B) affected units or sources under section 7651d
    of this title, and (C) existing units subject to nitrogen oxide
    emission reductions under section 7651f of this title, each State
    in which one or more such units or sources are located shall submit
    in accordance with subchapter V of this chapter, a permit program
    for approval as provided by that subchapter. Upon approval of such
    program, for the units or sources subject to such approved program
    the Administrator shall suspend the issuance of permits as provided
    in subchapter V of this chapter.
      (2) The owner or operator or the designated representative of
    each affected source under section 7651d of this title shall submit
    a permit application and compliance plan for that source to the
    permitting authority, not later than January 1, 1996.
      (3) Not later than December 31, 1997, each State with an approved
    permit program shall issue permits to the owner or operator, or the
    designated representative of the owners and operators, of affected
    sources under section 7651d of this title that satisfy the
    requirements of subchapter V of this chapter and this subchapter
    and that submitted to such State a permit application and
    compliance plan pursuant to paragraph (2). In the case of a State
    without an approved permit program by July 1, 1996, the
    Administrator shall, not later than January 1, 1998, issue a permit
    to the owner or operator or the designated representative of each
    such affected source. In the case of affected sources for which
    applications and plans are timely received under paragraph (2), the
    permit application and the compliance plan, including amendments
    thereto, shall be binding on the owner or operator or the
    designated representative of the owners or operators and shall be
    enforceable as a permit for purposes of this subchapter and
    subchapter V of this chapter until a permit is issued by the
    permitting authority for the affected source. The provisions of
    section 558(c) of title 5 (relating to renewals) shall apply to
    permits issued by a permitting authority under this subchapter and
    subchapter V of this chapter.
      (4) The permit issued in accordance with this subsection for an
    affected source shall provide that the affected units at the
    affected source may not emit an annual tonnage of sulfur dioxide in
    excess of the number of allowances to emit sulfur dioxide the owner
    or operator or designated representative hold for the unit.
    (e) New units
      The owner or operator of each source that includes a new electric
    utility steam generating unit shall submit a permit application and
    compliance plan to the permitting authority not later than 24
    months before the later of (1) January 1, 2000, or (2) the date on
    which the unit commences operation. The permitting authority shall
    issue a permit to the owner or operator, or the designated
    representative thereof, of the unit that satisfies the requirements
    of subchapter V of this chapter and this subchapter.
    (f) Units subject to certain other limits
      The owner or operator, or designated representative thereof, of
    any unit subject to an emission rate requirement under section
    7651f of this title shall submit a permit application and
    compliance plan for such unit to the permitting authority, not
    later than January 1, 1998. The permitting authority shall issue a
    permit to the owner or operator that satisfies the requirements of
    subchapter V of this chapter and this subchapter, including any
    appropriate monitoring and reporting requirements.
    (g) Amendment of application and compliance plan
      At any time after the submission of an application and compliance
    plan under this section, the applicant may submit a revised
    application and compliance plan, in accordance with the
    requirements of this section. In considering any permit application
    and compliance plan under this subchapter, the permitting authority
    shall ensure coordination with the applicable electric ratemaking
    authority, in the case of regulated utilities, and with unregulated
    public utilities.
    (h) Prohibition
      (1) It shall be unlawful for an owner or operator, or designated
    representative, required to submit a permit application or
    compliance plan under this subchapter to fail to submit such
    application or plan in accordance with the deadlines specified in
    this section or to otherwise fail to comply with regulations
    implementing this section.
      (2) It shall be unlawful for any person to operate any source
    subject to this subchapter except in compliance with the terms and
    requirements of a permit application and compliance plan (including
    amendments thereto) or permit issued by the Administrator or a
    State with an approved permit program. For purposes of this
    subsection, compliance, as provided in section 7661c(f) of this
    title, with a permit issued under subchapter V of this chapter
    which complies with this subchapter for sources subject to this
    subchapter shall be deemed compliance with this subsection as well
    as section 7661a(a) of this title.
      (3) In order to ensure reliability of electric power, nothing in
    this subchapter or subchapter V of this chapter shall be construed
    as requiring termination of operations of an electric utility steam
    generating unit for failure to have an approved permit or
    compliance plan, except that any such unit may be subject to the
    applicable enforcement provisions of section 7413 of this title.
    (i) Multiple owners
      No permit shall be issued under this section to an affected unit
    until the designated representative of the owners or operators has
    filed a certificate of representation with regard to matters under
    this subchapter, including the holding and distribution of
    allowances and the proceeds of transactions involving allowances.
    Where there are multiple holders of a legal or equitable title to,
    or a leasehold interest in, such a unit, or where a utility or
    industrial customer purchases power from an affected unit (or
    units) under life-of-the-unit, firm power contractual arrangements,
    the certificate shall state (1) that allowances and the proceeds of
    transactions involving allowances will be deemed to be held or
    distributed in proportion to each holder's legal, equitable,
    leasehold, or contractual reservation or entitlement, or (2) if
    such multiple holders have expressly provided for a different
    distribution of allowances by contract, that allowances and the
    proceeds of transactions involving allowances will be deemed to be
    held or distributed in accordance with the contract. A passive
    lessor, or a person who has an equitable interest through such
    lessor, whose rental payments are not based, either directly or
    indirectly, upon the revenues or income from the affected unit
    shall not be deemed to be a holder of a legal, equitable,
    leasehold, or contractual interest for the purpose of holding or
    distributing allowances as provided in this subsection, during
    either the term of such leasehold or thereafter, unless expressly
    provided for in the leasehold agreement. Except as otherwise
    provided in this subsection, where all legal or equitable title to
    or interest in an affected unit is held by a single person, the
    certification shall state that all allowances received by the unit
    are deemed to be held for that person.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 408, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2616.)

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) So in original. Section 7651a of this title does not
         contain subsections.

-End-

-CITE-
    42 USC Sec. 7651h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651h. Repowered sources

-STATUTE-
    (a) Availability
      Not later than December 31, 1997, the owner or operator of an
    existing unit subject to the emissions limitation requirements of
    section 7651d(b) and (c) of this title may demonstrate to the
    permitting authority that one or more units will be repowered with
    a qualifying clean coal technology to comply with the requirements
    under section 7651d of this title. The owner or operator shall, as
    part of any such demonstration, provide, not later than January 1,
    2000, satisfactory documentation of a preliminary design and
    engineering effort for such repowering and an executed and binding
    contract for the majority of the equipment to repower such unit and
    such other information as the Administrator may require by
    regulation. The replacement of an existing utility unit with a new
    utility unit using a repowering technology referred to in section
    7651a(2) (!1) of this title which is located at a different site,
    shall be treated as repowering of the existing unit for purposes of
    this subchapter, if - 

        (1) the replacement unit is designated by the owner or operator
      to replace such existing unit, and
        (2) the existing unit is retired from service on or before the
      date on which the designated replacement unit enters commercial
      operation.
    (b) Extension
      (1) An owner or operator satisfying the requirements of
    subsection (a) of this section shall be granted an extension of the
    emission limitation requirement compliance date for that unit from
    January 1, 2000, to December 31, 2003. The extension shall be
    specified in the permit issued to the source under section 7651g of
    this title, together with any compliance schedule and other
    requirements necessary to meet second phase requirements by the
    extended date. Any unit that is granted an extension under this
    section shall not be eligible for a waiver under section 7411(j) of
    this title, and shall continue to be subject to requirements under
    this subchapter as if it were a unit subject to section 7651d of
    this title.
      (2) If (A) the owner or operator of an existing unit has been
    granted an extension under paragraph (1) in order to repower such
    unit with a clean coal unit, and (B) such owner or operator
    demonstrates to the satisfaction of the Administrator that the
    repowering technology to be utilized by such unit has been properly
    constructed and tested on such unit, but nevertheless has been
    unable to achieve the emission reduction limitations and is
    economically or technologically infeasible, such existing unit may
    be retrofitted or repowered with equipment or facilities utilizing
    another clean coal technology or other available control
    technology.
    (c) Allowances
      (1) For the period of the extension under this section, the
    Administrator shall allocate to the owner or operator of the
    affected unit, annual allowances for sulfur dioxide equal to the
    affected unit's baseline multiplied by the lesser of the unit's
    federally approved State Implementation Plan emissions limitation
    or its actual emission rate for 1995 in lieu of any other
    allocation. Such allowances may not be transferred or used by any
    other source to meet emission requirements under this subchapter.
    The source owner or operator shall notify the Administrator sixty
    days in advance of the date on which the affected unit for which
    the extension has been granted is to be removed from operation to
    install the repowering technology.
      (2) Effective on that date, the unit shall be subject to the
    requirements of section 7651d of this title. Allowances for the
    year in which the unit is removed from operation to install the
    repowering technology shall be calculated as the product of the
    unit's baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000, and
    prorated accordingly, and are transferable.
      (3) Allowances for such existing utility units for calendar years
    after the year the repowering is complete shall be calculated as
    the product of the existing unit's baseline multiplied by 1.20
    lbs/mmBtu, divided by 2,000.
      (4) Notwithstanding the provisions of section 7651b(a) and (e) of
    this title, allowances shall be allocated under this section for a
    designated replacement unit which replaces an existing unit (as
    provided in the last sentence of subsection (a) of this section) in
    lieu of any further allocations of allowances for the existing
    unit.
      (5) For the purpose of meeting the aggregate emissions limitation
    requirement set forth in section 7651b(a)(1) of this title, the
    units with an extension under this subsection shall be treated in
    each calendar year during the extension period as holding
    allowances allocated under paragraph (3).
    (d) Control requirements
      Any unit qualifying for an extension under this section that does
    not increase actual hourly emissions for any pollutant regulated
    under the (!2) chapter shall not be subject to any standard of
    performance under section 7411 of this title. Notwithstanding the
    provisions of this subsection, no new unit (1) designated as a
    replacement for an existing unit, (2) qualifying for the extension
    under subsection (b) of this section, and (3) located at a
    different site than the existing unit shall receive an exemption
    from the requirements imposed under section 7411 of this title.

    (e) Expedited permitting
      State permitting authorities and, where applicable, the
    Administrator, are encouraged to give expedited consideration to
    permit applications under parts C and D of subchapter I of this
    chapter for any source qualifying for an extension under this
    section.
    (f) Prohibition
      It shall be unlawful for the owner or operator of a repowered
    source to fail to comply with the requirement of this section, or
    any regulations of permit requirements to implement this section,
    including the prohibition against emitting sulfur dioxide in excess
    of allowances held.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 409, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2619.)

-FOOTNOTE-
    (!1) So in original. Probably should be section "7651a(12)".

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

-End-

-CITE-
    42 USC Sec. 7651i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651i. Election for additional sources

-STATUTE-
    (a) Applicability
      The owner or operator of any unit that is not, nor will become,
    an affected unit under section 7651b(e), 7651c, or 7651d of this
    title, or that is a process source under subsection (d) of this
    section, that emits sulfur dioxide, may elect to designate that
    unit or source to become an affected unit and to receive allowances
    under this subchapter. An election shall be submitted to the
    Administrator for approval, along with a permit application and
    proposed compliance plan in accordance with section 7651g of this
    title. The Administrator shall approve a designation that meets the
    requirements of this section, and such designated unit, or source,
    shall be allocated allowances, and be an affected unit for purposes
    of this subchapter.
    (b) Establishment of baseline
      The baseline for a unit designated under this section shall be
    established by the Administrator by regulation, based on fuel
    consumption and operating data for the unit for calendar years
    1985, 1986, and 1987, or if such data is not available, the
    Administrator may prescribe a baseline based on alternative
    representative data.
    (c) Emission limitations
      Annual emissions limitations for sulfur dioxide shall be equal to
    the product of the baseline multiplied by the lesser of the unit's
    1985 actual or allowable emission rate in lbs/mmBtu, or, if the
    unit did not operate in 1985, by the lesser of the unit's actual or
    allowable emission rate for a calendar year after 1985 (as
    determined by the Administrator), divided by 2,000.
    (d) Process sources
      Not later than 18 months after November 15, 1990, the
    Administrator shall establish a program under which the owner or
    operator of a process source that emits sulfur dioxide may elect to
    designate that source as an affected unit for the purpose of
    receiving allowances under this subchapter. The Administrator
    shall, by regulation, define the sources that may be designated;
    specify the emissions limitation; specify the operating, emission
    baseline, and other data requirements; prescribe CEMS or other
    monitoring requirements; and promulgate permit, reporting, and any
    other requirements necessary to implement such a program.
    (e) Allowances and permits
      The Administrator shall issue allowances to an affected unit
    under this section in an amount equal to the emissions limitation
    calculated under subsection (c) or (d) of this section, in
    accordance with section 7651b of this title. Such allowance may be
    used in accordance with, and shall be subject to, the provisions of
    section 7651b of this title. Affected sources under this section
    shall be subject to the requirements of sections 7651b, 7651g,
    7651j, 7651k, 7651l, and 7651m of this title.
    (f) Limitation
      Any unit designated under this section shall not transfer or bank
    allowances produced as a result of reduced utilization or shutdown,
    except that, such allowances may be transferred or carried forward
    for use in subsequent years to the extent that the reduced
    utilization or shutdown results from the replacement of thermal
    energy from the unit designated under this section, with thermal
    energy generated by any other unit or units subject to the
    requirements of this subchapter, and the designated unit's
    allowances are transferred or carried forward for use at such other
    replacement unit or units. In no case may the Administrator
    allocate to a source designated under this section allowances in an
    amount greater than the emissions resulting from operation of the
    source in full compliance with the requirements of this chapter. No
    such allowances shall authorize operation of a unit in violation of
    any other requirements of this chapter.
    (g) Implementation
      The Administrator shall issue regulations to implement this
    section not later than eighteen months after November 15, 1990.
    (h) Small diesel refineries
      The Administrator shall issue allowances to owners or operators
    of small diesel refineries who produce diesel fuel after October 1,
    1993, meeting the requirements of subsection (!1) 7545(i) of this
    title.

      (1) Allowance period
        Allowances may be allocated under this subsection only for the
      period from October 1, 1993, through December 31, 1999.
      (2) Allowance determination
        The number of allowances allocated pursuant to this paragraph
      shall equal the annual number of pounds of sulfur dioxide
      reduction attributable to desulfurization by a small refinery
      divided by 2,000. For the purposes of this calculation, the
      concentration of sulfur removed from diesel fuel shall be the
      difference between 0.274 percent (by weight) and 0.050 percent
      (by weight).
      (3) Refinery eligibility
        As used in this subsection, the term "small refinery" shall
      mean a refinery or portion of a refinery - 
          (A) which, as of November 15, 1990, has bona fide crude oil
        throughput of less than 18,250,000 barrels per year, as
        reported to the Department of Energy, and
          (B) which, as of November 15, 1990, is owned or controlled by
        a refiner with a total combined bona fide crude oil throughput
        of less than 50,187,500 barrels per year, as reported to the
        Department of Energy.
      (4) Limitation per refinery
        The maximum number of allowances that can be annually allocated
      to a small refinery pursuant to this subsection is one thousand
      and five hundred.
      (5) Limitation on total
        In any given year, the total number of allowances allocated
      pursuant to this subsection shall not exceed thirty-five
      thousand.
      (6) Required certification
        The Administrator shall not allocate any allowances pursuant to
      this subsection unless the owner or operator of a small diesel
      refinery shall have certified, at a time and in a manner
      prescribed by the Administrator, that all motor diesel fuel
      produced by the refinery for which allowances are claimed,
      including motor diesel fuel for off-highway use, shall have met
      the requirements of subsection (!1) 1545(i) of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 410, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2621.)

-FOOTNOTE-
    (!1) So in original. Probably should be "section".

-End-

-CITE-
    42 USC Sec. 7651j                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651j. Excess emissions penalty

-STATUTE-
    (a) Excess emissions penalty
      The owner or operator of any unit or process source subject to
    the requirements of sections (!1) 7651b, 7651c, 7651d, 7651e, 7651f
    or 7651h of this title, or designated under section 7651i of this
    title, that emits sulfur dioxide or nitrogen oxides for any
    calendar year in excess of the unit's emissions limitation
    requirement or, in the case of sulfur dioxide, of the allowances
    the owner or operator holds for use for the unit for that calendar
    year shall be liable for the payment of an excess emissions
    penalty, except where such emissions were authorized pursuant to
    section 7410(f) of this title. That penalty shall be calculated on
    the basis of the number of tons emitted in excess of the unit's
    emissions limitation requirement or, in the case of sulfur dioxide,
    of the allowances the operator holds for use for the unit for that
    year, multiplied by $2,000. Any such penalty shall be due and
    payable without demand to the Administrator as provided in
    regulations to be issued by the Administrator by no later than
    eighteen months after November 15, 1990. Any such payment shall be
    deposited in the United States Treasury pursuant to the
    Miscellaneous Receipts Act.(!2) Any penalty due and payable under
    this section shall not diminish the liability of the unit's owner
    or operator for any fine, penalty or assessment against the unit
    for the same violation under any other section of this chapter.

    (b) Excess emissions offset
      The owner or operator of any affected source that emits sulfur
    dioxide during any calendar year in excess of the unit's emissions
    limitation requirement or of the allowances held for the unit for
    the calendar year, shall be liable to offset the excess emissions
    by an equal tonnage amount in the following calendar year, or such
    longer period as the Administrator may prescribe. The owner or
    operator of the source shall, within sixty days after the end of
    the year in which the excess emissions occured,(!3) submit to the
    Administrator, and to the State in which the source is located, a
    proposed plan to achieve the required offsets. Upon approval of the
    proposed plan by the Administrator, as submitted, modified or
    conditioned, the plan shall be deemed at (!4) a condition of the
    operating permit for the unit without further review or revision of
    the permit. The Administrator shall also deduct allowances equal to
    the excess tonnage from those allocated for the source for the
    calendar year, or succeeding years during which offsets are
    required, following the year in which the excess emissions
    occurred.

    (c) Penalty adjustment
      The Administrator shall, by regulation, adjust the penalty
    specified in subsection (a) of this section for inflation, based on
    the Consumer Price Index, on November 15, 1990, and annually
    thereafter.
    (d) Prohibition
      It shall be unlawful for the owner or operator of any source
    liable for a penalty and offset under this section to fail (1) to
    pay the penalty under subsection (a) of this section, (2) to
    provide, and thereafter comply with, a compliance plan as required
    by subsection (b) of this section, or (3) to offset excess
    emissions as required by subsection (b) of this section.
    (e) Savings provision
      Nothing in this subchapter shall limit or otherwise affect the
    application of section 7413, 7414, 7420, or 7604 of this title
    except as otherwise explicitly provided in this subchapter.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 411, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2623.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Miscellaneous Receipts Act, referred to in subsec. (a), is
    not a recognized popular name for an act. For provisions relating
    to deposit of monies, see section 3302 of Title 31, Money and
    Finance.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "occurred,".

    (!4) So in original.

-End-

-CITE-
    42 USC Sec. 7651k                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651k. Monitoring, reporting, and recordkeeping requirements

-STATUTE-
    (a) Applicability
      The owner and operator of any source subject to this subchapter
    shall be required to install and operate CEMS on each affected unit
    at the source, and to quality assure the data for sulfur dioxide,
    nitrogen oxides, opacity and volumetric flow at each such unit. The
    Administrator shall, by regulations issued not later than eighteen
    months after November 15, 1990, specify the requirements for CEMS,
    for any alternative monitoring system that is demonstrated as
    providing information with the same precision, reliability,
    accessibility, and timeliness as that provided by CEMS, and for
    recordkeeping and reporting of information from such systems. Such
    regulations may include limitations or the use of alternative
    compliance methods by units equipped with an alternative monitoring
    system as may be necessary to preserve the orderly functioning of
    the allowance system, and which will ensure the emissions
    reductions contemplated by this subchapter. Where 2 or more units
    utilize a single stack, a separate CEMS shall not be required for
    each unit, and for such units the regulations shall require that
    the owner or operator collect sufficient information to permit
    reliable compliance determinations for each such unit.
    (b) First phase requirements
      Not later than thirty-six months after November 15, 1990, the
    owner or operator of each affected unit under section 7651c of this
    title, including, but not limited to, units that become affected
    units pursuant to subsections (b) and (c) of this section and
    eligible units under subsection (d) of this section, shall install
    and operate CEMS, quality assure the data, and keep records and
    reports in accordance with the regulations issued under subsection
    (a) of this section.
    (c) Second phase requirements
      Not later than January 1, 1995, the owner or operator of each
    affected unit that has not previously met the requirements of
    subsections (a) and (b) of this section shall install and operate
    CEMS, quality assure the data, and keep records and reports in
    accordance with the regulations issued under subsection (a) of this
    section. Upon commencement of commercial operation of each new
    utility unit, the unit shall comply with the requirements of
    subsection (a) of this section.
    (d) Unavailability of emissions data
      If CEMS data or data from an alternative monitoring system
    approved by the Administrator under subsection (a) of this section
    is not available for any affected unit during any period of a
    calendar year in which such data is required under this subchapter,
    and the owner or operator cannot provide information, satisfactory
    to the Administrator, on emissions during that period, the
    Administrator shall deem the unit to be operating in an
    uncontrolled manner during the entire period for which the data was
    not available and shall, by regulation which shall be issued not
    later than eighteen months after November 15, 1990, prescribe means
    to calculate emissions for that period. The owner or operator shall
    be liable for excess emissions fees and offsets under section 7651j
    of this title in accordance with such regulations. Any fee due and
    payable under this subsection shall not diminish the liability of
    the unit's owner or operator for any fine, penalty, fee or
    assessment against the unit for the same violation under any other
    section of this chapter.
    (e) Prohibition
      It shall be unlawful for the owner or operator of any source
    subject to this subchapter to operate a source without complying
    with the requirements of this section, and any regulations
    implementing this section.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 412, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2624.)

-MISC1-
     INFORMATION GATHERING ON GREENHOUSE GASES CONTRIBUTING TO GLOBAL
                              CLIMATE CHANGE
      Section 821 of Pub. L. 101-549 provided that:
      "(a) Monitoring. - The Administrator of the Environmental
    Protection Agency shall promulgate regulations within 18 months
    after the enactment of the Clean Air Act Amendments of 1990 [Nov.
    15, 1990] to require that all affected sources subject to title V
    of the Clean Air Act [probably means title IV of the Clean Air Act
    as added by Pub. L. 101-549, which is classified to section 7651 et
    seq. of this title] shall also monitor carbon dioxide emissions
    according to the same timetable as in section 511(b) and (c)
    [probably means section 412(b) and (c) of the Clean Air Act, which
    is classified to section 7651k(b) and (c) of this title]. The
    regulations shall require that such data be reported to the
    Administrator. The provisions of section 511(e) of title V of the
    Clean Air Act [probably means section 412(e) of title IV of the
    Clean Air Act, which is classified to section 7651k(e) of this
    title] shall apply for purposes of this section in the same manner
    and to the same extent as such provision applies to the monitoring
    and data referred to in section 511 [probably means section 412 of
    the Clean Air Act, which is classified to section 7651k of this
    title].
      "(b) Public Availability of Carbon Dioxide Information. - For
    each unit required to monitor and provide carbon dioxide data under
    subsection (a), the Administrator shall compute the unit's
    aggregate annual total carbon dioxide emissions, incorporate such
    data into a computer data base, and make such aggregate annual data
    available to the public."

-End-

-CITE-
    42 USC Sec. 7651l                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651l. General compliance with other provisions

-STATUTE-
      Except as expressly provided, compliance with the requirements of
    this subchapter shall not exempt or exclude the owner or operator
    of any source subject to this subchapter from compliance with any
    other applicable requirements of this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 413, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2625.)

-End-

-CITE-
    42 USC Sec. 7651m                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651m. Enforcement

-STATUTE-
      It shall be unlawful for any person subject to this subchapter to
    violate any prohibition of, requirement of, or regulation
    promulgated pursuant to this subchapter shall be a violation of
    this chapter. In addition to the other requirements and
    prohibitions provided for in this subchapter, the operation of any
    affected unit to emit sulfur dioxide in excess of allowances held
    for such unit shall be deemed a violation, with each ton emitted in
    excess of allowances held constituting a separate violation.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 414, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2625.)

-End-

-CITE-
    42 USC Sec. 7651n                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651n. Clean coal technology regulatory incentives

-STATUTE-
    (a) "Clean coal technology" defined
      For purposes of this section, "clean coal technology" means any
    technology, including technologies applied at the precombustion,
    combustion, or post combustion stage, at a new or existing facility
    which will achieve significant reductions in air emissions of
    sulfur dioxide or oxides of nitrogen associated with the
    utilization of coal in the generation of electricity, process
    steam, or industrial products, which is not in widespread use as of
    November 15, 1990.
    (b) Revised regulations for clean coal technology demonstrations
      (1) Applicability
        This subsection applies to physical or operational changes to
      existing facilities for the sole purpose of installation,
      operation, cessation, or removal of a temporary or permanent
      clean coal technology demonstration project. For the purposes of
      this section, a clean coal technology demonstration project shall
      mean a project using funds appropriated under the heading
      "Department of Energy - Clean Coal Technology", up to a total
      amount of $2,500,000,000 for commercial demonstration of clean
      coal technology, or similar projects funded through
      appropriations for the Environmental Protection Agency. The
      Federal contribution for a qualifying project shall be at least
      20 percent of the total cost of the demonstration project.
      (2) Temporary projects
        Installation, operation, cessation, or removal of a temporary
      clean coal technology demonstration project that is operated for
      a period of five years or less, and which complies with the State
      implementation plans for the State in which the project is
      located and other requirements necessary to attain and maintain
      the national ambient air quality standards during and after the
      project is terminated, shall not subject such facility to the
      requirements of section 7411 of this title or part C or D of
      subchapter I of this chapter.
      (3) Permanent projects
        For permanent clean coal technology demonstration projects that
      constitute repowering as defined in section 7651a(l) (!1) of this
      title, any qualifying project shall not be subject to standards
      of performance under section 7411 of this title or to the review
      and permitting requirements of part C (!2) for any pollutant the
      potential emissions of which will not increase as a result of the
      demonstration project.

      (4) EPA regulations
        Not later than 12 months after November 15, 1990, the
      Administrator shall promulgate regulations or interpretive
      rulings to revise requirements under section 7411 of this title
      and parts C and D,(!2) as appropriate, to facilitate projects
      consistent in (!3) this subsection. With respect to parts C and
      D,(!2) such regulations or rulings shall apply to all areas in
      which EPA is the permitting authority. In those instances in
      which the State is the permitting authority under part C or
      D,(!2) any State may adopt and submit to the Administrator for
      approval revisions to its implementation plan to apply the
      regulations or rulings promulgated under this subsection.

    (c) Exemption for reactivation of very clean units
      Physical changes or changes in the method of operation associated
    with the commencement of commercial operations by a coal-fired
    utility unit after a period of discontinued operation shall not
    subject the unit to the requirements of section 7411 of this title
    or part C of the Act (!2) where the unit (1) has not been in
    operation for the two-year period prior to the enactment of the
    Clean Air Act Amendments of 1990 [November 15, 1990], and the
    emissions from such unit continue to be carried in the permitting
    authority's emissions inventory at the time of enactment, (2) was
    equipped prior to shut-down with a continuous system of emissions
    control that achieves a removal efficiency for sulfur dioxide of no
    less than 85 percent and a removal efficiency for particulates of
    no less than 98 percent, (3) is equipped with low-NOx burners
    prior to the time of commencement, and (4) is otherwise in
    compliance with the requirements of this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 415, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2625.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Parts C and D and part C of the Act, referred to in subsecs.
    (b)(3), (4) and (c), probably mean parts C and D of subchapter I of
    this chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be section "7651a(12)".

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "with".

-End-

-CITE-
    42 USC Sec. 7651o                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV-A - ACID DEPOSITION CONTROL

-HEAD-
    Sec. 7651o. Contingency guarantee, auctions, reserve

-STATUTE-
    (a) Definitions
      For purposes of this section - 
        (1) The term "independent power producer" means any person who
      owns or operates, in whole or in part, one or more new
      independent power production facilities.
        (2) The term "new independent power production facility" means
      a facility that - 
          (A) is used for the generation of electric energy, 80 percent
        or more of which is sold at wholesale;
          (B) is nonrecourse project-financed (as such term is defined
        by the Secretary of Energy within 3 months of November 15,
        1990);
          (C) does not generate electric energy sold to any affiliate
        (as defined in section 79b(a)(11) (!1) of title 15) of the
        facility's owner or operator unless the owner or operator of
        the facility demonstrates that it cannot obtain allowances from
        the affiliate; and

          (D) is a new unit required to hold allowances under this
        subchapter.

        (3) The term "required allowances" means the allowances
      required to operate such unit for so much of the unit's useful
      life as occurs after January 1, 2000.
    (b) Special reserve of allowances
      Within 36 months after November 15, 1990, the Administrator shall
    promulgate regulations establishing a Special Allowance Reserve
    containing allowances to be sold under this section. For purposes
    of establishing the Special Allowance Reserve, the Administrator
    shall withhold - 
        (1) 2.8 percent of the allocation of allowances for each year
      from 1995 through 1999 inclusive; and
        (2) 2.8 percent of the basic Phase II allowance allocation of
      allowances for each year beginning in the year 2000

    which would (but for this subsection) be issued for each affected
    unit at an affected source. The Administrator shall record such
    withholding for purposes of transferring the proceeds of the
    allowance sales under this subsection. The allowances so withheld
    shall be deposited in the Reserve under this section.
    (c) Direct sale at $1,500 per ton
      (1) Subaccount for direct sales
        In accordance with regulations under this section, the
      Administrator shall establish a Direct Sale Subaccount in the
      Special Allowance Reserve established under this section. The
      Direct Sale Subaccount shall contain allowances in the amount of
      50,000 tons per year for each year beginning in the year 2000.
      (2) Sales
        Allowances in the subaccount shall be offered for direct sale
      to any person at the times and in the amounts specified in table
      1 at a price of $1,500 per allowance, adjusted by the Consumer
      Price Index in the same manner as provided in paragraph (3).
      Requests to purchase allowances from the Direct Sale Subaccount
      established under paragraph (1) shall be approved in the order of
      receipt until no allowances remain in such subaccount, except
      that an opportunity to purchase such allowances shall be provided
      to the independent power producers referred to in this subsection
      before such allowances are offered to any other person. Each
      applicant shall be required to pay 50 percent of the total
      purchase price of the allowances within 6 months after the
      approval of the request to purchase. The remainder shall be paid
      on or before the transfer of the allowances.

    TABLE 1 - NUMBER OF ALLOWANCES AVAILABLE FOR SALE AT $1,500 PER TON
    --------------------------------------------------------------------
                Year of Sale                 Spot Sale      Advance Sale
                                            (same year)                 
    --------------------------------------------------------------------
    1993-1999                                                     25,000
    2000 and after                               25,000           25,000

      Allowances sold in the spot sale in any year are allowances which
    may only be used in that year (unless banked for use in a later
    year). Allowances sold in the advance sale in any year are
    allowances which may only be used in the 7th year after the year in
    which they are first offered for sale (unless banked for use in a
    later year).
    --------------------------------------------------------------------

      (3) Entitlement to written guarantee
        Any independent power producer that submits an application to
      the Administrator establishing that such independent power
      producer - 
          (A) proposes to construct a new independent power production
        facility for which allowances are required under this
        subchapter;
          (B) will apply for financing to construct such facility after
        January 1, 1990, and before the date of the first auction under
        this section;
          (C) has submitted to each owner or operator of an affected
        unit listed in table A (in section 7651c of this title) a
        written offer to purchase the required allowances for $750 per
        ton; and
          (D) has not received (within 180 days after submitting offers
        to purchase under subparagraph (C)) an acceptance of the offer
        to purchase the required allowances,

      shall, within 30 days after submission of such application, be
      entitled to receive the Administrator's written guarantee
      (subject to the eligibility requirements set forth in paragraph
      (4)) that such required allowances will be made available for
      purchase from the Direct Sale Subaccount established under this
      subsection and at a guaranteed price. The guaranteed price at
      which such allowances shall be made available for purchase shall
      be $1,500 per ton, adjusted by the percentage, if any, by which
      the Consumer Price Index (as determined under section
      7661a(b)(3)(B)(v) of this title) for the year in which the
      allowance is purchased exceeds the Consumer Price Index for the
      calendar year 1990.
      (4) Eligibility requirements
        The guarantee issued by the Administrator under paragraph (3)
      shall be subject to a demonstration by the independent power
      producer, satisfactory to the Administrator, that - 
          (A) the independent power producer has - 
            (i) made good faith efforts to purchase the required
          allowances from the owners or operators of affected units to
          which allowances will be allocated, including efforts to
          purchase at annual auctions under this section, and from
          industrial sources that have elected to become affected units
          pursuant to section 7651i of this title; and
            (ii) such bids and efforts were unsuccessful in obtaining
          the required allowances; and

          (B) the independent power producer will continue to make good
        faith efforts to purchase the required allowances from the
        owners or operators of affected units and from industrial
        sources.
      (5) Issuance of guaranteed allowances from Direct Sale Subaccount
        under this section
        From the allowances available in the Direct Sale Subaccount
      established under this subsection, upon payment of the guaranteed
      price, the Administrator shall issue to any person exercising the
      right to purchase allowances pursuant to a guarantee under this
      subsection the allowances covered by such guarantee. Persons to
      which guarantees under this subsection have been issued shall
      have the opportunity to purchase allowances pursuant to such
      guarantee from such subaccount before the allowances in such
      reserve are offered for sale to any other person.
      (6) Proceeds
        Notwithstanding section 3302 of title 31 or any other provision
      of law, the Administrator shall require that the proceeds of any
      sale under this subsection be transferred, within 90 days after
      the sale, without charge, on a pro rata basis to the owners or
      operators of the affected units from whom the allowances were
      withheld under subsection (b) of this section and that any unsold
      allowances be transferred to the Subaccount for Auction Sales
      established under subsection (d) of this section. No proceeds of
      any sale under this subsection shall be held by any officer or
      employee of the United States or treated for any purpose as
      revenue to the United States or to the Administrator.
      (7) Termination of subaccount
        If the Administrator determines that, during any period of 2
      consecutive calendar years, less than 20 percent of the
      allowances available in the subaccount for direct sales
      established under this subsection have been purchased under this
      paragraph, the Administrator shall terminate the subaccount and
      transfer such allowances to the Auction Subaccount under
      subsection (d) of this section.
    (d) Auction sales
      (1) Subaccount for auctions
        The Administrator shall establish an Auction Subaccount in the
      Special Reserve established under this section. The Auction
      Subaccount shall contain allowances to be sold at auction under
      this section in the amount of 150,000 tons per year for each year
      from 1995 through 1999, inclusive and 250,000 tons per year for
      each year beginning in the calendar year 2000.
      (2) Annual auctions
        Commencing in 1993 and in each year thereafter, the
      Administrator shall conduct auctions at which the allowances
      referred to in paragraph (1) shall be offered for sale in
      accordance with regulations promulgated by the Administrator, in
      consultation with the Secretary of the Treasury, within 12 months
      of November 15, 1990. The allowances referred to in paragraph (1)
      shall be offered for sale at auction in the amounts specified in
      table 2. The auction shall be open to any person. A person
      wishing to bid for such allowances shall submit (by a date set by
      the Administrator) to the Administrator (on a sealed bid schedule
      provided by the Administrator) offers to purchase specified
      numbers of allowances at specified prices. Such regulations shall
      specify that the auctioned allowances shall be allocated and sold
      on the basis of bid price, starting with the highest-priced bid
      and continuing until all allowances for sale at such auction have
      been allocated. The regulations shall not permit that a minimum
      price be set for the purchase of withheld allowances. Allowances
      purchased at the auction may be used for any purpose and at any
      time after the auction, subject to the provisions of this
      subchapter.

           TABLE 2 - NUMBER OF ALLOWANCES AVAILABLE FOR AUCTION       
    --------------------------------------------------------------------
                Year of Sale                   Spot           Advance   
                                              Auction         Auction   
                                            (same year)                 
    --------------------------------------------------------------------
    1993                                        50,000*          100,000
    1994                                        50,000*          100,000
    1995                                        50,000*          100,000
    1996                                        150,000          100,000
    1997                                        150,000          100,000
    1998                                        150,000          100,000
    1999                                        150,000          100,000
    2000 and after                              100,000          100,000

      Allowances sold in the spot sale in any year are allowances which
    may only be used in that year (unless banked for use in a later
    year), except as otherwise noted. Allowances sold in the advance
    auction in any year are allowances which may only be used in the
    7th year after the year in which they are first offered for sale
    (unless banked for use in a later year).
      *Available for use only in 1995 (unless banked for use in a later
    year).
    --------------------------------------------------------------------

      (3) Proceeds
        (A) Notwithstanding section 3302 of title 31 or any other
      provision of law, within 90 days of receipt, the Administrator
      shall transfer the proceeds from the auction under this section,
      on a pro rata basis, to the owners or operators of the affected
      units at an affected source from whom allowances were withheld
      under subsection (b) of this section. No funds transferred from a
      purchaser to a seller of allowances under this paragraph shall be
      held by any officer or employee of the United States or treated
      for any purpose as revenue to the United States or the
      Administrator.
        (B) At the end of each year, any allowances offered for sale
      but not sold at the auction shall be returned without charge, on
      a pro rata basis, to the owner or operator of the affected units
      from whose allocation the allowances were withheld.
      (4) Additional auction participants
        Any person holding allowances or to whom allowances are
      allocated by the Administrator may submit those allowances to the
      Administrator to be offered for sale at auction under this
      subsection. The proceeds of any such sale shall be transferred at
      the time of sale by the purchaser to the person submitting such
      allowances for sale. The holder of allowances offered for sale
      under this paragraph may specify a minimum sale price. Any person
      may purchase allowances offered for auction under this paragraph.
      Such allowances shall be allocated and sold to purchasers on the
      basis of bid price after the auction under paragraph (2) is
      complete. No funds transferred from a purchaser to a seller of
      allowances under this paragraph shall be held by any officer or
      employee of the United States or treated for any purpose as
      revenue to the United States or the Administrator.
      (5) Recording by EPA
        The Administrator shall record and publicly report the nature,
      prices and results of each auction under this subsection,
      including the prices of successful bids, and shall record the
      transfers of allowances as a result of each auction in accordance
      with the requirements of this section. The transfer of allowances
      at such auction shall be recorded in accordance with the
      regulations promulgated by the Administrator under this
      subchapter.
    (e) Changes in sales, auctions, and withholding
      Pursuant to rulemaking after public notice and comment the
    Administrator may at any time after the year 1998 (in the case of
    advance sales or advance auctions) and 2005 (in the case of spot
    sales or spot auctions) decrease the number of allowances withheld
    and sold under this section.
    (f) Termination of auctions
      The Administrator may terminate the withholding of allowances and
    the auction sales under this section if the Administrator
    determines that, during any period of 3 consecutive calendar years
    after 2002, less than 20 percent of the allowances available in the
    auction subaccount have been purchased. Pursuant to regulations
    under this section, the Administrator may by delegation or contract
    provide for the conduct of sales or auctions under the
    Administrator's supervision by other departments or agencies of the
    United States Government or by nongovernmental agencies, groups, or
    organizations.

-SOURCE-
    (July 14, 1955, ch. 360, title IV, Sec. 416, as added Pub. L. 101-
    549, title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2626.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 79b of title 15, referred to in subsec. (a)(2)(C), was
    repealed by Pub. L. 109-58, title XII, Sec. 1263, Aug. 8, 2005, 119
    Stat. 974. See section 16451(1) of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC SUBCHAPTER V - PERMITS                               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
                          SUBCHAPTER V - PERMITS                      

-End-

-CITE-
    42 USC Sec. 7661                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
    Sec. 7661. Definitions

-STATUTE-
      As used in this subchapter - 
      (1) Affected source
        The term "affected source" shall have the meaning given such
      term in subchapter IV-A of this chapter.
      (2) Major source
        The term "major source" means any stationary source (or any
      group of stationary sources located within a contiguous area and
      under common control) that is either of the following:
          (A) A major source as defined in section 7412 of this title.
          (B) A major stationary source as defined in section 7602 of
        this title or part D of subchapter I of this chapter.
      (3) Schedule of compliance
        The term "schedule of compliance" means a schedule of remedial
      measures, including an enforceable sequence of actions or
      operations, leading to compliance with an applicable
      implementation plan, emission standard, emission limitation, or
      emission prohibition.
      (4) Permitting authority
        The term "permitting authority" means the Administrator or the
      air pollution control agency authorized by the Administrator to
      carry out a permit program under this subchapter.

-SOURCE-
    (July 14, 1955, ch. 360, title V, Sec. 501, as added Pub. L. 101-
    549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2635.)

-End-

-CITE-
    42 USC Sec. 7661a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
    Sec. 7661a. Permit programs

-STATUTE-
    (a) Violations
      After the effective date of any permit program approved or
    promulgated under this subchapter, it shall be unlawful for any
    person to violate any requirement of a permit issued under this
    subchapter, or to operate an affected source (as provided in
    subchapter IV-A of this chapter), a major source, any other source
    (including an area source) subject to standards or regulations
    under section 7411 or 7412 of this title, any other source required
    to have a permit under parts (!1) C or D of subchapter I of this
    chapter, or any other stationary source in a category designated
    (in whole or in part) by regulations promulgated by the
    Administrator (after notice and public comment) which shall include
    a finding setting forth the basis for such designation, except in
    compliance with a permit issued by a permitting authority under
    this subchapter. (Nothing in this subsection shall be construed to
    alter the applicable requirements of this chapter that a permit be
    obtained before construction or modification.) The Administrator
    may, in the Administrator's discretion and consistent with the
    applicable provisions of this chapter, promulgate regulations to
    exempt one or more source categories (in whole or in part) from the
    requirements of this subsection if the Administrator finds that
    compliance with such requirements is impracticable, infeasible, or
    unnecessarily burdensome on such categories, except that the
    Administrator may not exempt any major source from such
    requirements.

    (b) Regulations
      The Administrator shall promulgate within 12 months after
    November 15, 1990, regulations establishing the minimum elements of
    a permit program to be administered by any air pollution control
    agency. These elements shall include each of the following:
        (1) Requirements for permit applications, including a standard
      application form and criteria for determining in a timely fashion
      the completeness of applications.
        (2) Monitoring and reporting requirements.
        (3)(A) A requirement under State or local law or interstate
      compact that the owner or operator of all sources subject to the
      requirement to obtain a permit under this subchapter pay an
      annual fee, or the equivalent over some other period, sufficient
      to cover all reasonable (direct and indirect) costs required to
      develop and administer the permit program requirements of this
      subchapter, including section 7661f of this title, including the
      reasonable costs of - 
          (i) reviewing and acting upon any application for such a
        permit,
          (ii) if the owner or operator receives a permit for such
        source, whether before or after November 15, 1990, implementing
        and enforcing the terms and conditions of any such permit (not
        including any court costs or other costs associated with any
        enforcement action),
          (iii) emissions and ambient monitoring,
          (iv) preparing generally applicable regulations, or guidance,
          (v) modeling, analyses, and demonstrations, and
          (vi) preparing inventories and tracking emissions.

        (B) The total amount of fees collected by the permitting
      authority shall conform to the following requirements:
          (i) The Administrator shall not approve a program as meeting
        the requirements of this paragraph unless the State
        demonstrates that, except as otherwise provided in
        subparagraphs (!2) (ii) through (v) of this subparagraph, the
        program will result in the collection, in the aggregate, from
        all sources subject to subparagraph (A), of an amount not less
        than $25 per ton of each regulated pollutant, or such other
        amount as the Administrator may determine adequately reflects
        the reasonable costs of the permit program.

          (ii) As used in this subparagraph, the term "regulated
        pollutant" shall mean (I) a volatile organic compound; (II)
        each pollutant regulated under section 7411 or 7412 of this
        title; and (III) each pollutant for which a national primary
        ambient air quality standard has been promulgated (except that
        carbon monoxide shall be excluded from this reference).
          (iii) In determining the amount under clause (i), the
        permitting authority is not required to include any amount of
        regulated pollutant emitted by any source in excess of 4,000
        tons per year of that regulated pollutant.
          (iv) The requirements of clause (i) shall not apply if the
        permitting authority demonstrates that collecting an amount
        less than the amount specified under clause (i) will meet the
        requirements of subparagraph (A).
          (v) The fee calculated under clause (i) shall be increased
        (consistent with the need to cover the reasonable costs
        authorized by subparagraph (A)) in each year beginning after
        1990, by the percentage, if any, by which the Consumer Price
        Index for the most recent calendar year ending before the
        beginning of such year exceeds the Consumer Price Index for the
        calendar year 1989. For purposes of this clause - 
            (I) the Consumer Price Index for any calendar year is the
          average of the Consumer Price Index for all-urban consumers
          published by the Department of Labor, as of the close of the
          12-month period ending on August 31 of each calendar year,
          and
            (II) the revision of the Consumer Price Index which is most
          consistent with the Consumer Price Index for calendar year
          1989 shall be used.

        (C)(i) If the Administrator determines, under subsection (d) of
      this section, that the fee provisions of the operating permit
      program do not meet the requirements of this paragraph, or if the
      Administrator makes a determination, under subsection (i) of this
      section, that the permitting authority is not adequately
      administering or enforcing an approved fee program, the
      Administrator may, in addition to taking any other action
      authorized under this subchapter, collect reasonable fees from
      the sources identified under subparagraph (A). Such fees shall be
      designed solely to cover the Administrator's costs of
      administering the provisions of the permit program promulgated by
      the Administrator.
        (ii) Any source that fails to pay fees lawfully imposed by the
      Administrator under this subparagraph shall pay a penalty of 50
      percent of the fee amount, plus interest on the fee amount
      computed in accordance with section 6621(a)(2) of title 26
      (relating to computation of interest on underpayment of Federal
      taxes).
        (iii) Any fees, penalties, and interest collected under this
      subparagraph shall be deposited in a special fund in the United
      States Treasury for licensing and other services, which
      thereafter shall be available for appropriation, to remain
      available until expended, subject to appropriation, to carry out
      the Agency's activities for which the fees were collected. Any
      fee required to be collected by a State, local, or interstate
      agency under this subsection shall be utilized solely to cover
      all reasonable (direct and indirect) costs required to support
      the permit program as set forth in subparagraph (A).
        (4) Requirements for adequate personnel and funding to
      administer the program.
        (5) A requirement that the permitting authority have adequate
      authority to:
          (A) issue permits and assure compliance by all sources
        required to have a permit under this subchapter with each
        applicable standard, regulation or requirement under this
        chapter;
          (B) issue permits for a fixed term, not to exceed 5 years;
          (C) assure that upon issuance or renewal permits incorporate
        emission limitations and other requirements in an applicable
        implementation plan;
          (D) terminate, modify, or revoke and reissue permits for
        cause;
          (E) enforce permits, permit fee requirements, and the
        requirement to obtain a permit, including authority to recover
        civil penalties in a maximum amount of not less than $10,000
        per day for each violation, and provide appropriate criminal
        penalties; and
          (F) assure that no permit will be issued if the Administrator
        objects to its issuance in a timely manner under this
        subchapter.

        (6) Adequate, streamlined, and reasonable procedures for
      expeditiously determining when applications are complete, for
      processing such applications, for public notice, including
      offering an opportunity for public comment and a hearing, and for
      expeditious review of permit actions, including applications,
      renewals, or revisions, and including an opportunity for judicial
      review in State court of the final permit action by the
      applicant, any person who participated in the public comment
      process, and any other person who could obtain judicial review of
      that action under applicable law.
        (7) To ensure against unreasonable delay by the permitting
      authority, adequate authority and procedures to provide that a
      failure of such permitting authority to act on a permit
      application or permit renewal application (in accordance with the
      time periods specified in section 7661b of this title or, as
      appropriate, subchapter IV-A of this chapter) shall be treated as
      a final permit action solely for purposes of obtaining judicial
      review in State court of an action brought by any person referred
      to in paragraph (6) to require that action be taken by the
      permitting authority on such application without additional
      delay.
        (8) Authority, and reasonable procedures consistent with the
      need for expeditious action by the permitting authority on permit
      applications and related matters, to make available to the public
      any permit application, compliance plan, permit, and monitoring
      or compliance report under section 7661b(e) of this title,
      subject to the provisions of section 7414(c) of this title.
        (9) A requirement that the permitting authority, in the case of
      permits with a term of 3 or more years for major sources, shall
      require revisions to the permit to incorporate applicable
      standards and regulations promulgated under this chapter after
      the issuance of such permit. Such revisions shall occur as
      expeditiously as practicable and consistent with the procedures
      established under paragraph (6) but not later than 18 months
      after the promulgation of such standards and regulations. No such
      revision shall be required if the effective date of the standards
      or regulations is a date after the expiration of the permit term.
      Such permit revision shall be treated as a permit renewal if it
      complies with the requirements of this subchapter regarding
      renewals.
        (10) Provisions to allow changes within a permitted facility
      (or one operating pursuant to section 7661b(d) of this title)
      without requiring a permit revision, if the changes are not
      modifications under any provision of subchapter I of this chapter
      and the changes do not exceed the emissions allowable under the
      permit (whether expressed therein as a rate of emissions or in
      terms of total emissions: (!3) Provided, That the facility
      provides the Administrator and the permitting authority with
      written notification in advance of the proposed changes which
      shall be a minimum of 7 days, unless the permitting authority
      provides in its regulations a different timeframe for
      emergencies.

    (c) Single permit
      A single permit may be issued for a facility with multiple
    sources.
    (d) Submission and approval
      (1) Not later than 3 years after November 15, 1990, the Governor
    of each State shall develop and submit to the Administrator a
    permit program under State or local law or under an interstate
    compact meeting the requirements of this subchapter. In addition,
    the Governor shall submit a legal opinion from the attorney general
    (or the attorney for those State air pollution control agencies
    that have independent legal counsel), or from the chief legal
    officer of an interstate agency, that the laws of the State,
    locality, or the interstate compact provide adequate authority to
    carry out the program. Not later than 1 year after receiving a
    program, and after notice and opportunity for public comment, the
    Administrator shall approve or disapprove such program, in whole or
    in part. The Administrator may approve a program to the extent that
    the program meets the requirements of this chapter, including the
    regulations issued under subsection (b) of this section. If the
    program is disapproved, in whole or in part, the Administrator
    shall notify the Governor of any revisions or modifications
    necessary to obtain approval. The Governor shall revise and
    resubmit the program for review under this section within 180 days
    after receiving notification.
      (2)(A) If the Governor does not submit a program as required
    under paragraph (1) or if the Administrator disapproves a program
    submitted by the Governor under paragraph (1), in whole or in part,
    the Administrator may, prior to the expiration of the 18-month
    period referred to in subparagraph (B), in the Administrator's
    discretion, apply any of the sanctions specified in section 7509(b)
    of this title.
      (B) If the Governor does not submit a program as required under
    paragraph (1), or if the Administrator disapproves any such program
    submitted by the Governor under paragraph (1), in whole or in part,
    18 months after the date required for such submittal or the date of
    such disapproval, as the case may be, the Administrator shall apply
    sanctions under section 7509(b) of this title in the same manner
    and subject to the same deadlines and other conditions as are
    applicable in the case of a determination, disapproval, or finding
    under section 7509(a) of this title.
      (C) The sanctions under section 7509(b)(2) of this title shall
    not apply pursuant to this paragraph in any area unless the failure
    to submit or the disapproval referred to in subparagraph (A) or (B)
    relates to an air pollutant for which such area has been designated
    a nonattainment area (as defined in part D of subchapter I of this
    chapter).
      (3) If a program meeting the requirements of this subchapter has
    not been approved in whole for any State, the Administrator shall,
    2 years after the date required for submission of such a program
    under paragraph (1), promulgate, administer, and enforce a program
    under this subchapter for that State.
    (e) Suspension
      The Administrator shall suspend the issuance of permits promptly
    upon publication of notice of approval of a permit program under
    this section, but may, in such notice, retain jurisdiction over
    permits that have been federally issued, but for which the
    administrative or judicial review process is not complete. The
    Administrator shall continue to administer and enforce federally
    issued permits under this subchapter until they are replaced by a
    permit issued by a permitting program. Nothing in this subsection
    should be construed to limit the Administrator's ability to enforce
    permits issued by a State.
    (f) Prohibition
      No partial permit program shall be approved unless, at a minimum,
    it applies, and ensures compliance with, this subchapter and each
    of the following:
        (1) All requirements established under subchapter IV-A of this
      chapter applicable to "affected sources".
        (2) All requirements established under section 7412 of this
      title applicable to "major sources", "area sources," and "new
      sources".
        (3) All requirements of subchapter I of this chapter (other
      than section 7412 of this title) applicable to sources required
      to have a permit under this subchapter.

    Approval of a partial program shall not relieve the State of its
    obligation to submit a complete program, nor from the application
    of any sanctions under this chapter for failure to submit an
    approvable permit program.
    (g) Interim approval
      If a program (including a partial permit program) submitted under
    this subchapter substantially meets the requirements of this
    subchapter, but is not fully approvable, the Administrator may by
    rule grant the program interim approval. In the notice of final
    rulemaking, the Administrator shall specify the changes that must
    be made before the program can receive full approval. An interim
    approval under this subsection shall expire on a date set by the
    Administrator not later than 2 years after such approval, and may
    not be renewed. For the period of any such interim approval, the
    provisions of subsection (d)(2) of this section, and the obligation
    of the Administrator to promulgate a program under this subchapter
    for the State pursuant to subsection (d)(3) of this section, shall
    be suspended. Such provisions and such obligation of the
    Administrator shall apply after the expiration of such interim
    approval.
    (h) Effective date
      The effective date of a permit program, or partial or interim
    program, approved under this subchapter, shall be the effective
    date of approval by the Administrator. The effective date of a
    permit program, or partial permit program, promulgated by the
    Administrator shall be the date of promulgation.
    (i) Administration and enforcement
      (1) Whenever the Administrator makes a determination that a
    permitting authority is not adequately administering and enforcing
    a program, or portion thereof, in accordance with the requirements
    of this subchapter, the Administrator shall provide notice to the
    State and may, prior to the expiration of the 18-month period
    referred to in paragraph (2), in the Administrator's discretion,
    apply any of the sanctions specified in section 7509(b) of this
    title.
      (2) Whenever the Administrator makes a determination that a
    permitting authority is not adequately administering and enforcing
    a program, or portion thereof, in accordance with the requirements
    of this subchapter, 18 months after the date of the notice under
    paragraph (1), the Administrator shall apply the sanctions under
    section 7509(b) of this title in the same manner and subject to the
    same deadlines and other conditions as are applicable in the case
    of a determination, disapproval, or finding under section 7509(a)
    of this title.
      (3) The sanctions under section 7509(b)(2) of this title shall
    not apply pursuant to this subsection in any area unless the
    failure to adequately enforce and administer the program relates to
    an air pollutant for which such area has been designated a
    nonattainment area.
      (4) Whenever the Administrator has made a finding under paragraph
    (1) with respect to any State, unless the State has corrected such
    deficiency within 18 months after the date of such finding, the
    Administrator shall, 2 years after the date of such finding,
    promulgate, administer, and enforce a program under this subchapter
    for that State. Nothing in this paragraph shall be construed to
    affect the validity of a program which has been approved under this
    subchapter or the authority of any permitting authority acting
    under such program until such time as such program is promulgated
    by the Administrator under this paragraph.

-SOURCE-
    (July 14, 1955, ch. 360, title V, Sec. 502, as added Pub. L. 101-
    549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2635.)

-FOOTNOTE-
    (!1) So in original. Probably should be "part".

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

    (!3) So in original. A closing parenthesis probably should
         precede the colon.

-End-

-CITE-
    42 USC Sec. 7661b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
    Sec. 7661b. Permit applications

-STATUTE-
    (a) Applicable date
      Any source specified in section 7661a(a) of this title shall
    become subject to a permit program, and required to have a permit,
    on the later of the following dates - 
        (1) the effective date of a permit program or partial or
      interim permit program applicable to the source; or
        (2) the date such source becomes subject to section 7661a(a) of
      this title.
    (b) Compliance plan
      (1) The regulations required by section 7661a(b) of this title
    shall include a requirement that the applicant submit with the
    permit application a compliance plan describing how the source will
    comply with all applicable requirements under this chapter. The
    compliance plan shall include a schedule of compliance, and a
    schedule under which the permittee will submit progress reports to
    the permitting authority no less frequently than every 6 months.
      (2) The regulations shall further require the permittee to
    periodically (but no less frequently than annually) certify that
    the facility is in compliance with any applicable requirements of
    the permit, and to promptly report any deviations from permit
    requirements to the permitting authority.
    (c) Deadline
      Any person required to have a permit shall, not later than 12
    months after the date on which the source becomes subject to a
    permit program approved or promulgated under this subchapter, or
    such earlier date as the permitting authority may establish, submit
    to the permitting authority a compliance plan and an application
    for a permit signed by a responsible official, who shall certify
    the accuracy of the information submitted. The permitting authority
    shall approve or disapprove a completed application (consistent
    with the procedures established under this subchapter for
    consideration of such applications), and shall issue or deny the
    permit, within 18 months after the date of receipt thereof, except
    that the permitting authority shall establish a phased schedule for
    acting on permit applications submitted within the first full year
    after the effective date of a permit program (or a partial or
    interim program). Any such schedule shall assure that at least one-
    third of such permits will be acted on by such authority annually
    over a period of not to exceed 3 years after such effective date.
    Such authority shall establish reasonable procedures to prioritize
    such approval or disapproval actions in the case of applications
    for construction or modification under the applicable requirements
    of this chapter.
    (d) Timely and complete applications
      Except for sources required to have a permit before construction
    or modification under the applicable requirements of this chapter,
    if an applicant has submitted a timely and complete application for
    a permit required by this subchapter (including renewals), but
    final action has not been taken on such application, the source's
    failure to have a permit shall not be a violation of this chapter,
    unless the delay in final action was due to the failure of the
    applicant timely to submit information required or requested to
    process the application. No source required to have a permit under
    this subchapter shall be in violation of section 7661a(a) of this
    title before the date on which the source is required to submit an
    application under subsection (c) of this section.
    (e) Copies; availability
      A copy of each permit application, compliance plan (including the
    schedule of compliance), emissions or compliance monitoring report,
    certification, and each permit issued under this subchapter, shall
    be available to the public. If an applicant or permittee is
    required to submit information entitled to protection from
    disclosure under section 7414(c) of this title, the applicant or
    permittee may submit such information separately. The requirements
    of section 7414(c) of this title shall apply to such information.
    The contents of a permit shall not be entitled to protection under
    section 7414(c) of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title V, Sec. 503, as added Pub. L. 101-
    549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2641.)

-End-

-CITE-
    42 USC Sec. 7661c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
    Sec. 7661c. Permit requirements and conditions

-STATUTE-
    (a) Conditions
      Each permit issued under this subchapter shall include
    enforceable emission limitations and standards, a schedule of
    compliance, a requirement that the permittee submit to the
    permitting authority, no less often than every 6 months, the
    results of any required monitoring, and such other conditions as
    are necessary to assure compliance with applicable requirements of
    this chapter, including the requirements of the applicable
    implementation plan.
    (b) Monitoring and analysis
      The Administrator may by rule prescribe procedures and methods
    for determining compliance and for monitoring and analysis of
    pollutants regulated under this chapter, but continuous emissions
    monitoring need not be required if alternative methods are
    available that provide sufficiently reliable and timely information
    for determining compliance. Nothing in this subsection shall be
    construed to affect any continuous emissions monitoring requirement
    of subchapter IV-A of this chapter, or where required elsewhere in
    this chapter.
    (c) Inspection, entry, monitoring, certification, and reporting
      Each permit issued under this subchapter shall set forth
    inspection, entry, monitoring, compliance certification, and
    reporting requirements to assure compliance with the permit terms
    and conditions. Such monitoring and reporting requirements shall
    conform to any applicable regulation under subsection (b) of this
    section. Any report required to be submitted by a permit issued to
    a corporation under this subchapter shall be signed by a
    responsible corporate official, who shall certify its accuracy.
    (d) General permits
      The permitting authority may, after notice and opportunity for
    public hearing, issue a general permit covering numerous similar
    sources. Any general permit shall comply with all requirements
    applicable to permits under this subchapter. No source covered by a
    general permit shall thereby be relieved from the obligation to
    file an application under section 7661b of this title.
    (e) Temporary sources
      The permitting authority may issue a single permit authorizing
    emissions from similar operations at multiple temporary locations.
    No such permit shall be issued unless it includes conditions that
    will assure compliance with all the requirements of this chapter at
    all authorized locations, including, but not limited to, ambient
    standards and compliance with any applicable increment or
    visibility requirements under part C of subchapter I of this
    chapter. Any such permit shall in addition require the owner or
    operator to notify the permitting authority in advance of each
    change in location. The permitting authority may require a separate
    permit fee for operations at each location.
    (f) Permit shield
      Compliance with a permit issued in accordance with this
    subchapter shall be deemed compliance with section 7661a of this
    title. Except as otherwise provided by the Administrator by rule,
    the permit may also provide that compliance with the permit shall
    be deemed compliance with other applicable provisions of this
    chapter that relate to the permittee if - 
        (1) the permit includes the applicable requirements of such
      provisions, or
        (2) the permitting authority in acting on the permit
      application makes a determination relating to the permittee that
      such other provisions (which shall be referred to in such
      determination) are not applicable and the permit includes the
      determination or a concise summary thereof.

    Nothing in the preceding sentence shall alter or affect the
    provisions of section 7603 of this title, including the authority
    of the Administrator under that section.

-SOURCE-
    (July 14, 1955, ch. 360, title V, Sec. 504, as added Pub. L. 101-
    549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2642.)

-End-

-CITE-
    42 USC Sec. 7661d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
    Sec. 7661d. Notification to Administrator and contiguous States

-STATUTE-
    (a) Transmission and notice
      (1) Each permitting authority - 
        (A) shall transmit to the Administrator a copy of each permit
      application (and any application for a permit modification or
      renewal) or such portion thereof, including any compliance plan,
      as the Administrator may require to effectively review the
      application and otherwise to carry out the Administrator's
      responsibilities under this chapter, and
        (B) shall provide to the Administrator a copy of each permit
      proposed to be issued and issued as a final permit.

      (2) The permitting authority shall notify all States - 
        (A) whose air quality may be affected and that are contiguous
      to the State in which the emission originates, or
        (B) that are within 50 miles of the source,

    of each permit application or proposed permit forwarded to the
    Administrator under this section, and shall provide an opportunity
    for such States to submit written recommendations respecting the
    issuance of the permit and its terms and conditions. If any part of
    those recommendations are not accepted by the permitting authority,
    such authority shall notify the State submitting the
    recommendations and the Administrator in writing of its failure to
    accept those recommendations and the reasons therefor.
    (b) Objection by EPA
      (1) If any permit contains provisions that are determined by the
    Administrator as not in compliance with the applicable requirements
    of this chapter, including the requirements of an applicable
    implementation plan, the Administrator shall, in accordance with
    this subsection, object to its issuance. The permitting authority
    shall respond in writing if the Administrator (A) within 45 days
    after receiving a copy of the proposed permit under subsection
    (a)(1) of this section, or (B) within 45 days after receiving
    notification under subsection (a)(2) of this section, objects in
    writing to its issuance as not in compliance with such
    requirements. With the objection, the Administrator shall provide a
    statement of the reasons for the objection. A copy of the objection
    and statement shall be provided to the applicant.
      (2) If the Administrator does not object in writing to the
    issuance of a permit pursuant to paragraph (1), any person may
    petition the Administrator within 60 days after the expiration of
    the 45-day review period specified in paragraph (1) to take such
    action. A copy of such petition shall be provided to the permitting
    authority and the applicant by the petitioner. The petition shall
    be based only on objections to the permit that were raised with
    reasonable specificity during the public comment period provided by
    the permitting agency (unless the petitioner demonstrates in the
    petition to the Administrator that it was impracticable to raise
    such objections within such period or unless the grounds for such
    objection arose after such period). The petition shall identify all
    such objections. If the permit has been issued by the permitting
    agency, such petition shall not postpone the effectiveness of the
    permit. The Administrator shall grant or deny such petition within
    60 days after the petition is filed. The Administrator shall issue
    an objection within such period if the petitioner demonstrates to
    the Administrator that the permit is not in compliance with the
    requirements of this chapter, including the requirements of the
    applicable implementation plan. Any denial of such petition shall
    be subject to judicial review under section 7607 of this title. The
    Administrator shall include in regulations under this subchapter
    provisions to implement this paragraph. The Administrator may not
    delegate the requirements of this paragraph.
      (3) Upon receipt of an objection by the Administrator under this
    subsection, the permitting authority may not issue the permit
    unless it is revised and issued in accordance with subsection (c)
    of this section. If the permitting authority has issued a permit
    prior to receipt of an objection by the Administrator under
    paragraph (2) of this subsection, the Administrator shall modify,
    terminate, or revoke such permit and the permitting authority may
    thereafter only issue a revised permit in accordance with
    subsection (c) of this section.
    (c) Issuance or denial
      If the permitting authority fails, within 90 days after the date
    of an objection under subsection (b) of this section, to submit a
    permit revised to meet the objection, the Administrator shall issue
    or deny the permit in accordance with the requirements of this
    subchapter. No objection shall be subject to judicial review until
    the Administrator takes final action to issue or deny a permit
    under this subsection.
    (d) Waiver of notification requirements
      (1) The Administrator may waive the requirements of subsections
    (a) and (b) of this section at the time of approval of a permit
    program under this subchapter for any category (including any
    class, type, or size within such category) of sources covered by
    the program other than major sources.
      (2) The Administrator may, by regulation, establish categories of
    sources (including any class, type, or size within such category)
    to which the requirements of subsections (a) and (b) of this
    section shall not apply. The preceding sentence shall not apply to
    major sources.
      (3) The Administrator may exclude from any waiver under this
    subsection notification under subsection (a)(2) of this section.
    Any waiver granted under this subsection may be revoked or modified
    by the Administrator by rule.
    (e) Refusal of permitting authority to terminate, modify, or revoke
      and reissue
      If the Administrator finds that cause exists to terminate,
    modify, or revoke and reissue a permit under this subchapter, the
    Administrator shall notify the permitting authority and the source
    of the Administrator's finding. The permitting authority shall,
    within 90 days after receipt of such notification, forward to the
    Administrator under this section a proposed determination of
    termination, modification, or revocation and reissuance, as
    appropriate. The Administrator may extend such 90 day period for an
    additional 90 days if the Administrator finds that a new or revised
    permit application is necessary, or that the permitting authority
    must require the permittee to submit additional information. The
    Administrator may review such proposed determination under the
    provisions of subsections (a) and (b) of this section. If the
    permitting authority fails to submit the required proposed
    determination, or if the Administrator objects and the permitting
    authority fails to resolve the objection within 90 days, the
    Administrator may, after notice and in accordance with fair and
    reasonable procedures, terminate, modify, or revoke and reissue the
    permit.

-SOURCE-
    (July 14, 1955, ch. 360, title V, Sec. 505, as added Pub. L. 101-
    549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2643.)

-End-

-CITE-
    42 USC Sec. 7661e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
    Sec. 7661e. Other authorities

-STATUTE-
    (a) In general
      Nothing in this subchapter shall prevent a State, or interstate
    permitting authority, from establishing additional permitting
    requirements not inconsistent with this chapter.
    (b) Permits implementing acid rain provisions
      The provisions of this subchapter, including provisions regarding
    schedules for submission and approval or disapproval of permit
    applications, shall apply to permits implementing the requirements
    of subchapter IV-A of this chapter except as modified by that
    subchapter.

-SOURCE-
    (July 14, 1955, ch. 360, title V, Sec. 506, as added Pub. L. 101-
    549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2645.)

-End-

-CITE-
    42 USC Sec. 7661f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - PERMITS

-HEAD-
    Sec. 7661f. Small business stationary source technical and
      environmental compliance assistance program

-STATUTE-
    (a) Plan revisions
      Consistent with sections 7410 and 7412 of this title, each State
    shall, after reasonable notice and public hearings, adopt and
    submit to the Administrator as part of the State implementation
    plan for such State or as a revision to such State implementation
    plan under section 7410 of this title, plans for establishing a
    small business stationary source technical and environmental
    compliance assistance program. Such submission shall be made within
    24 months after November 15, 1990. The Administrator shall approve
    such program if it includes each of the following:
        (1) Adequate mechanisms for developing, collecting, and
      coordinating information concerning compliance methods and
      technologies for small business stationary sources, and programs
      to encourage lawful cooperation among such sources and other
      persons to further compliance with this chapter.
        (2) Adequate mechanisms for assisting small business stationary
      sources with pollution prevention and accidental release
      detection and prevention, including providing information
      concerning alternative technologies, process changes, products,
      and methods of operation that help reduce air pollution.
        (3) A designated State office within the relevant State agency
      to serve as ombudsman for small business stationary sources in
      connection with the implementation of this chapter.
        (4) A compliance assistance program for small business
      stationary sources which assists small business stationary
      sources in determining applicable requirements and in receiving
      permits under this chapter in a timely and efficient manner.
        (5) Adequate mechanisms to assure that small business
      stationary sources receive notice of their rights under this
      chapter in such manner and form as to assure reasonably adequate
      time for such sources to evaluate compliance methods and any
      relevant or applicable proposed or final regulation or standard
      issued under this chapter.
        (6) Adequate mechanisms for informing small business stationary
      sources of their obligations under this chapter, including
      mechanisms for referring such sources to qualified auditors or,
      at the option of the State, for providing audits of the
      operations of such sources to determine compliance with this
      chapter.
        (7) Procedures for consideration of requests from a small
      business stationary source for modification of - 
          (A) any work practice or technological method of compliance,
        or
          (B) the schedule of milestones for implementing such work
        practice or method of compliance preceding any applicable
        compliance date,

      based on the technological and financial capability of any such
      small business stationary source. No such modification may be
      granted unless it is in compliance with the applicable
      requirements of this chapter, including the requirements of the
      applicable implementation plan. Where such applicable
      requirements are set forth in Federal regulations, only
      modifications authorized in such regulations may be allowed.
    (b) Program
      The Administrator shall establish within 9 months after November
    15, 1990, a small business stationary source technical and
    environmental compliance assistance program. Such program shall - 
        (1) assist the States in the development of the program
      required under subsection (a) of this section (relating to
      assistance for small business stationary sources);
        (2) issue guidance for the use of the States in the
      implementation of these programs that includes alternative
      control technologies and pollution prevention methods applicable
      to small business stationary sources; and
        (3) provide for implementation of the program provisions
      required under subsection (a)(4) of this section in any State
      that fails to submit such a program under that subsection.
    (c) Eligibility
      (1) Except as provided in paragraphs (2) and (3), for purposes of
    this section, the term "small business stationary source" means a
    stationary source that - 
        (A) is owned or operated by a person that employs 100 or fewer
      individuals,
        (B) is a small business concern as defined in the Small
      Business Act [15 U.S.C. 631 et seq.];
        (C) is not a major stationary source;
        (D) does not emit 50 tons or more per year of any regulated
      pollutant; and
        (E) emits less than 75 tons per year of all regulated
      pollutants.

      (2) Upon petition by a source, the State may, after notice and
    opportunity for public comment, include as a small business
    stationary source for purposes of this section any stationary
    source which does not meet the criteria of subparagraphs (!1) (C),
    (D), or (E) of paragraph (1) but which does not emit more than 100
    tons per year of all regulated pollutants.

      (3)(A) The Administrator, in consultation with the Administrator
    of the Small Business Administration and after providing notice and
    opportunity for public comment, may exclude from the small business
    stationary source definition under this section any category or
    subcategory of sources that the Administrator determines to have
    sufficient technical and financial capabilities to meet the
    requirements of this chapter without the application of this
    subsection.
      (B) The State, in consultation with the Administrator and the
    Administrator of the Small Business Administration and after
    providing notice and opportunity for public hearing, may exclude
    from the small business stationary source definition under this
    section any category or subcategory of sources that the State
    determines to have sufficient technical and financial capabilities
    to meet the requirements of this chapter without the application of
    this subsection.
    (d) Monitoring
      The Administrator shall direct the Agency's Office of Small and
    Disadvantaged Business Utilization through the Small Business
    Ombudsman (hereinafter in this section referred to as the
    "Ombudsman") to monitor the small business stationary source
    technical and environmental compliance assistance program under
    this section. In carrying out such monitoring activities, the
    Ombudsman shall - 
        (1) render advisory opinions on the overall effectiveness of
      the Small Business Stationary Source Technical and Environmental
      Compliance Assistance Program, difficulties encountered, and
      degree and severity of enforcement;
        (2) make periodic reports to the Congress on the compliance of
      the Small Business Stationary Source Technical and Environmental
      Compliance Assistance Program with the requirements of the
      Paperwork Reduction Act,(!2) the Regulatory Flexibility Act [5
      U.S.C. 601 et seq.], and the Equal Access to Justice Act;

        (3) review information to be issued by the Small Business
      Stationary Source Technical and Environmental Compliance
      Assistance Program for small business stationary sources to
      ensure that the information is understandable by the layperson;
      and
        (4) have the Small Business Stationary Source Technical and
      Environmental Compliance Assistance Program serve as the
      secretariat for the development and dissemination of such reports
      and advisory opinions.
    (e) Compliance Advisory Panel
      (1) There shall be created a Compliance Advisory Panel
    (hereinafter referred to as the "Panel") on the State level of not
    less than 7 individuals. This Panel shall - 
        (A) render advisory opinions concerning the effectiveness of
      the small business stationary source technical and environmental
      compliance assistance program, difficulties encountered, and
      degree and severity of enforcement;
        (B) make periodic reports to the Administrator concerning the
      compliance of the State Small Business Stationary Source
      Technical and Environmental Compliance Assistance Program with
      the requirements of the Paperwork Reduction Act,(!2) the
      Regulatory Flexibility Act [5 U.S.C. 601 et seq.], and the Equal
      Access to Justice Act;
        (C) review information for small business stationary sources to
      assure such information is understandable by the layperson; and
        (D) have the Small Business Stationary Source Technical and
      Environmental Compliance Assistance Program serve as the
      secretariat for the development and dissemination of such reports
      and advisory opinions.

      (2) The Panel shall consist of - 
        (A) 2 members, who are not owners, or representatives of
      owners, of small business stationary sources, selected by the
      Governor to represent the general public;
        (B) 2 members selected by the State legislature who are owners,
      or who represent owners, of small business stationary sources (1
      member each by the majority and minority leadership of the lower
      house, or in the case of a unicameral State legislature, 2
      members each shall be selected by the majority leadership and the
      minority leadership, respectively, of such legislature, and
      subparagraph (C) shall not apply);
        (C) 2 members selected by the State legislature who are owners,
      or who represent owners, of small business stationary sources (1
      member each by the majority and minority leadership of the upper
      house, or the equivalent State entity); and
        (D) 1 member selected by the head of the department or agency
      of the State responsible for air pollution permit programs to
      represent that agency.
    (f) Fees
      The State (or the Administrator) may reduce any fee required
    under this chapter to take into account the financial resources of
    small business stationary sources.
    (g) Continuous emission monitors
      In developing regulations and CTGs under this chapter that
    contain continuous emission monitoring requirements, the
    Administrator, consistent with the requirements of this chapter,
    before applying such requirements to small business stationary
    sources, shall consider the necessity and appropriateness of such
    requirements for such sources. Nothing in this subsection shall
    affect the applicability of subchapter IV-A of this chapter
    provisions relating to continuous emissions monitoring.
    (h) Control technique guidelines
      The Administrator shall consider, consistent with the
    requirements of this chapter, the size, type, and technical
    capabilities of small business stationary sources (and sources
    which are eligible under subsection (c)(2) of this section to be
    treated as small business stationary sources) in developing CTGs
    applicable to such sources under this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title V, Sec. 507, as added Pub. L. 101-
    549, title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Small Business Act, referred to in subsec. (c)(1)(B), is Pub.
    L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is
    classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see Short Title note set out under section 631 of Title 15
    and Tables.
      The Paperwork Reduction Act, referred to in subsecs. (d)(2) and
    (e)(1)(B), probably means the Paperwork Reduction Act of 1980, Pub.
    L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which was
    classified principally to chapter 35 (Sec. 3501 et seq.) of Title
    44, Public Printing and Documents, prior to the general amendment
    of that chapter by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat.
    163. For complete classification of this Act to the Code, see Short
    Title of 1980 Amendment note set out under section 101 of Title 44
    and Tables.
      The Regulatory Flexibility Act, referred to in subsecs. (d)(2)
    and (e)(1)(B), is Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164,
    which is classified generally to chapter 6 (Sec. 601 et seq.) of
    Title 5, Government Organization and Employees. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 601 of Title 5 and Tables.
      The Equal Access to Justice Act, referred to in subsecs. (d)(2)
    and (e)(1)(B), is title II of Pub. L. 96-481, Oct. 21, 1980, 94
    Stat. 2325. For complete classification of this Act to the Code,
    see Short Title note set out under section 504 of Title 5.

-FOOTNOTE-
    (!1) So in original. Probably should be "subparagraph".

    (!2) See References in Text note below.

-End-

-CITE-
    42 USC SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
              SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION          

-End-

-CITE-
    42 USC Sec. 7671                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671. Definitions

-STATUTE-
      As used in this subchapter - 
      (1) Appliance
        The term "appliance" means any device which contains and uses a
      class I or class II substance as a refrigerant and which is used
      for household or commercial purposes, including any air
      conditioner, refrigerator, chiller, or freezer.
      (2) Baseline year
        The term "baseline year" means - 
          (A) the calendar year 1986, in the case of any class I
        substance listed in Group I or II under section 7671a(a) of
        this title,
          (B) the calendar year 1989, in the case of any class I
        substance listed in Group III, IV, or V under section 7671a(a)
        of this title, and
          (C) a representative calendar year selected by the
        Administrator, in the case of - 
            (i) any substance added to the list of class I substances
          after the publication of the initial list under section
          7671a(a) of this title, and
            (ii) any class II substance.
      (3) Class I substance
        The term "class I substance" means each of the substances
      listed as provided in section 7671a(a) of this title.
      (4) Class II substance
        The term "class II substance" means each of the substances
      listed as provided in section 7671a(b) of this title.
      (5) Commissioner
        The term "Commissioner" means the Commissioner of the Food and
      Drug Administration.
      (6) Consumption
        The term "consumption" means, with respect to any substance,
      the amount of that substance produced in the United States, plus
      the amount imported, minus the amount exported to Parties to the
      Montreal Protocol. Such term shall be construed in a manner
      consistent with the Montreal Protocol.
      (7) Import
        The term "import" means to land on, bring into, or introduce
      into, or attempt to land on, bring into, or introduce into, any
      place subject to the jurisdiction of the United States, whether
      or not such landing, bringing, or introduction constitutes an
      importation within the meaning of the customs laws of the United
      States.
      (8) Medical device
        The term "medical device" means any device (as defined in the
      Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), diagnostic
      product, drug (as defined in the Federal Food, Drug, and Cosmetic
      Act), and drug delivery system - 
          (A) if such device, product, drug, or drug delivery system
        utilizes a class I or class II substance for which no safe and
        effective alternative has been developed, and where necessary,
        approved by the Commissioner; and
          (B) if such device, product, drug, or drug delivery system,
        has, after notice and opportunity for public comment, been
        approved and determined to be essential by the Commissioner in
        consultation with the Administrator.
      (9) Montreal Protocol
        The terms "Montreal Protocol" and "the Protocol" mean the
      Montreal Protocol on Substances that Deplete the Ozone Layer, a
      protocol to the Vienna Convention for the Protection of the Ozone
      Layer, including adjustments adopted by Parties thereto and
      amendments that have entered into force.
      (10) Ozone-depletion potential
        The term "ozone-depletion potential" means a factor established
      by the Administrator to reflect the ozone-depletion potential of
      a substance, on a mass per kilogram basis, as compared to
      chlorofluorocarbon-11 (CFC-11). Such factor shall be based upon
      the substance's atmospheric lifetime, the molecular weight of
      bromine and chlorine, and the substance's ability to be
      photolytically disassociated, and upon other factors determined
      to be an accurate measure of relative ozone-depletion potential.
      (11) Produce, produced, and production
        The terms "produce", "produced", and "production", refer to the
      manufacture of a substance from any raw material or feedstock
      chemical, but such terms do not include - 
          (A) the manufacture of a substance that is used and entirely
        consumed (except for trace quantities) in the manufacture of
        other chemicals, or
          (B) the reuse or recycling of a substance.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 601, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2649.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The customs laws of the United States, referred to in par. (7),
    are classified generally to Title 19, Customs Duties.
      The Federal Food, Drug, and Cosmetic Act, referred to in par.
    (8), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
    which is classified generally to chapter 9 (Sec. 301 et seq.) of
    Title 21, Food and Drugs. For complete classification of this Act
    to the Code, see section 301 of Title 21 and Tables.

-End-

-CITE-
    42 USC Sec. 7671a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671a. Listing of class I and class II substances

-STATUTE-
    (a) List of class I substances
      Within 60 days after November 15, 1990, the Administrator shall
    publish an initial list of class I substances, which list shall
    contain the following substances:

          Group I
          chlorofluorocarbon-11 (CFC-11)
          chlorofluorocarbon-12 (CFC-12)
          chlorofluorocarbon-113 (CFC-113)
          chlorofluorocarbon-114 (CFC-114)
          chlorofluorocarbon-115 (CFC-115)

          Group II
          halon-1211
          halon-1301
          halon-2402

          Group III
          chlorofluorocarbon-13 (CFC-13)
          chlorofluorocarbon-111 (CFC-111)
          chlorofluorocarbon-112 (CFC-112)
          chlorofluorocarbon-211 (CFC-211)
          chlorofluorocarbon-212 (CFC-212)
          chlorofluorocarbon-213 (CFC-213)
          chlorofluorocarbon-214 (CFC-214)
          chlorofluorocarbon-215 (CFC-215)
          chlorofluorocarbon-216 (CFC-216)
          chlorofluorocarbon-217 (CFC-217)

          Group IV
          carbon tetrachloride

          Group V
          methyl chloroform

    The initial list under this subsection shall also include the
    isomers of the substances listed above, other than 1,1,2-
    trichloroethane (an isomer of methyl chloroform). Pursuant to
    subsection (c) of this section, the Administrator shall add to the
    list of class I substances any other substance that the
    Administrator finds causes or contributes significantly to harmful
    effects on the stratospheric ozone layer. The Administrator shall,
    pursuant to subsection (c) of this section, add to such list all
    substances that the Administrator determines have an ozone
    depletion potential of 0.2 or greater.
    (b) List of class II substances
      Simultaneously with publication of the initial list of class I
    substances, the Administrator shall publish an initial list of
    class II substances, which shall contain the following substances:

    hydrochlorofluorocarbon-21 (HCFC-21)
    hydrochlorofluorocarbon-22 (HCFC-22)
    hydrochlorofluorocarbon-31 (HCFC-31)
    hydrochlorofluorocarbon-121 (HCFC-121)
    hydrochlorofluorocarbon-122 (HCFC-122)
    hydrochlorofluorocarbon-123 (HCFC-123)
    hydrochlorofluorocarbon-124 (HCFC-124)
    hydrochlorofluorocarbon-131 (HCFC-131)
    hydrochlorofluorocarbon-132 (HCFC-132)
    hydrochlorofluorocarbon-133 (HCFC-133)
    hydrochlorofluorocarbon-141 (HCFC-141)
    hydrochlorofluorocarbon-142 (HCFC-142)
    hydrochlorofluorocarbon-221 (HCFC-221)
    hydrochlorofluorocarbon-222 (HCFC-222)
    hydrochlorofluorocarbon-223 (HCFC-223)
    hydrochlorofluorocarbon-224 (HCFC-224)
    hydrochlorofluorocarbon-225 (HCFC-225)
    hydrochlorofluorocarbon-226 (HCFC-226)
    hydrochlorofluorocarbon-231 (HCFC-231)
    hydrochlorofluorocarbon-232 (HCFC-232)
    hydrochlorofluorocarbon-233 (HCFC-233)
    hydrochlorofluorocarbon-234 (HCFC-234)
    hydrochlorofluorocarbon-235 (HCFC-235)
    hydrochlorofluorocarbon-241 (HCFC-241)
    hydrochlorofluorocarbon-242 (HCFC-242)
    hydrochlorofluorocarbon-243 (HCFC-243)
    hydrochlorofluorocarbon-244 (HCFC-244)
    hydrochlorofluorocarbon-251 (HCFC-251)
    hydrochlorofluorocarbon-252 (HCFC-252)
    hydrochlorofluorocarbon-253 (HCFC-253)
    hydrochlorofluorocarbon-261 (HCFC-261)
    hydrochlorofluorocarbon-262 (HCFC-262)
    hydrochlorofluorocarbon-271 (HCFC-271)

    The initial list under this subsection shall also include the
    isomers of the substances listed above. Pursuant to subsection (c)
    of this section, the Administrator shall add to the list of class
    II substances any other substance that the Administrator finds is
    known or may reasonably be anticipated to cause or contribute to
    harmful effects on the stratospheric ozone layer.
    (c) Additions to the lists
      (1) The Administrator may add, by rule, in accordance with the
    criteria set forth in subsection (a) or (b) of this section, as the
    case may be, any substance to the list of class I or class II
    substances under subsection (a) or (b) of this section. For
    purposes of exchanges under section 7661f (!1) of this title,
    whenever a substance is added to the list of class I substances the
    Administrator shall, to the extent consistent with the Montreal
    Protocol, assign such substance to existing Group I, II, III, IV,
    or V or place such substance in a new Group.

      (2) Periodically, but not less frequently than every 3 years
    after November 15, 1990, the Administrator shall list, by rule, as
    additional class I or class II substances those substances which
    the Administrator finds meet the criteria of subsection (a) or (b)
    of this section, as the case may be.
      (3) At any time, any person may petition the Administrator to add
    a substance to the list of class I or class II substances. Pursuant
    to the criteria set forth in subsection (a) or (b) of this section
    as the case may be, within 180 days after receiving such a
    petition, the Administrator shall either propose to add the
    substance to such list or publish an explanation of the petition
    denial. In any case where the Administrator proposes to add a
    substance to such list, the Administrator shall add, by rule, (or
    make a final determination not to add) such substance to such list
    within 1 year after receiving such petition. Any petition under
    this paragraph shall include a showing by the petitioner that there
    are data on the substance adequate to support the petition. If the
    Administrator determines that information on the substance is not
    sufficient to make a determination under this paragraph, the
    Administrator shall use any authority available to the
    Administrator, under any law administered by the Administrator, to
    acquire such information.
      (4) Only a class II substance which is added to the list of class
    I substances may be removed from the list of class II substances.
    No substance referred to in subsection (a) of this section,
    including methyl chloroform, may be removed from the list of class
    I substances.
    (d) New listed substances
      In the case of any substance added to the list of class I or
    class II substances after publication of the initial list of such
    substances under this section, the Administrator may extend any
    schedule or compliance deadline contained in section 7671c or 7671d
    of this title to a later date than specified in such sections if
    such schedule or deadline is unattainable, considering when such
    substance is added to the list. No extension under this subsection
    may extend the date for termination of production of any class I
    substance to a date more than 7 years after January 1 of the year
    after the year in which the substance is added to the list of class
    I substances. No extension under this subsection may extend the
    date for termination of production of any class II substance to a
    date more than 10 years after January 1 of the year after the year
    in which the substance is added to the list of class II substances.
    (e) Ozone-depletion and global warming potential
      Simultaneously with publication of the lists under this section
    and simultaneously with any addition to either of such lists, the
    Administrator shall assign to each listed substance a numerical
    value representing the substance's ozone-depletion potential. In
    addition, the Administrator shall publish the chlorine and bromine
    loading potential and the atmospheric lifetime of each listed
    substance. One year after November 15, 1990 (one year after the
    addition of a substance to either of such lists in the case of a
    substance added after the publication of the initial lists of such
    substances), and after notice and opportunity for public comment,
    the Administrator shall publish the global warming potential of
    each listed substance. The preceding sentence shall not be
    construed to be the basis of any additional regulation under this
    chapter. In the case of the substances referred to in table 1, the
    ozone-depletion potential shall be as specified in table 1, unless
    the Administrator adjusts the substance's ozone-depletion potential
    based on criteria referred to in section 7671(10) of this title:

                                  TABLE 1                              
    --------------------------------------------------------------------
                             Substance                            Ozone-
                                                                   depl 
                                                                   etion
                                                                   pote 
                                                                   ntial
    --------------------------------------------------------------------
    chlorofluorocarbon-11 (CFC-11)                                   1.0
    chlorofluorocarbon-12 (CFC-12)                                   1.0
    chlorofluorocarbon-13 (CFC-13)                                   1.0
    chlorofluorocarbon-111 (CFC-111)                                 1.0
    chlorofluorocarbon-112 (CFC-112)                                 1.0
    chlorofluorocarbon-113 (CFC-113)                                 0.8
    chlorofluorocarbon-114 (CFC-114)                                 1.0
    chlorofluorocarbon-115 (CFC-115)                                 0.6
    chlorofluorocarbon-211 (CFC-211)                                 1.0
    chlorofluorocarbon-212 (CFC-212)                                 1.0
    chlorofluorocarbon-213 (CFC-213)                                 1.0
    chlorofluorocarbon-214 (CFC-214)                                 1.0
    chlorofluorocarbon-215 (CFC-215)                                 1.0
    chlorofluorocarbon-216 (CFC-216)                                 1.0
    chlorofluorocarbon-217 (CFC-217)                                 1.0
    halon-1211                                                       3.0
    halon-1301                                                      10.0
    halon-2402                                                       6.0
    carbon tetrachloride                                             1.1
    methyl chloroform                                                0.1
    hydrochlorofluorocarbon-22 (HCFC-22)                            0.05
    hydrochlorofluorocarbon-123 (HCFC-123)                          0.02
    hydrochlorofluorocarbon-124 (HCFC-124)                          0.02
    hydrochlorofluorocarbon-141(b) (HCFC-141(b))                     0.1
    hydrochlorofluorocarbon-142(b) (HCFC-142(b))                    0.06
    --------------------------------------------------------------------

    Where the ozone-depletion potential of a substance is specified in
    the Montreal Protocol, the ozone-depletion potential specified for
    that substance under this section shall be consistent with the
    Montreal Protocol.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 602, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2650.)

-FOOTNOTE-
    (!1) So in original. Probably should be section "7671f".

-End-

-CITE-
    42 USC Sec. 7671b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671b. Monitoring and reporting requirements

-STATUTE-
    (a) Regulations
      Within 270 days after November 15, 1990, the Administrator shall
    amend the regulations of the Administrator in effect on such date
    regarding monitoring and reporting of class I and class II
    substances. Such amendments shall conform to the requirements of
    this section. The amended regulations shall include requirements
    with respect to the time and manner of monitoring and reporting as
    required under this section.
    (b) Production, import, and export level reports
      On a quarterly basis, or such other basis (not less than
    annually) as determined by the Administrator, each person who
    produced, imported, or exported a class I or class II substance
    shall file a report with the Administrator setting forth the amount
    of the substance that such person produced, imported, and exported
    during the preceding reporting period. Each such report shall be
    signed and attested by a responsible officer. No such report shall
    be required from a person after April 1 of the calendar year after
    such person permanently ceases production, importation, and
    exportation of the substance and so notifies the Administrator in
    writing.
    (c) Baseline reports for class I substances
      Unless such information has previously been reported to the
    Administrator, on the date on which the first report under
    subsection (b) of this section is required to be filed, each person
    who produced, imported, or exported a class I substance (other than
    a substance added to the list of class I substances after the
    publication of the initial list of such substances under this
    section) shall file a report with the Administrator setting forth
    the amount of such substance that such person produced, imported,
    and exported during the baseline year. In the case of a substance
    added to the list of class I substances after publication of the
    initial list of such substances under this section, the regulations
    shall require that each person who produced, imported, or exported
    such substance shall file a report with the Administrator within
    180 days after the date on which such substance is added to the
    list, setting forth the amount of the substance that such person
    produced, imported, and exported in the baseline year.
    (d) Monitoring and reports to Congress
      (1) The Administrator shall monitor and, not less often than
    every 3 years following November 15, 1990, submit a report to
    Congress on the production, use and consumption of class I and
    class II substances. Such report shall include data on domestic
    production, use and consumption, and an estimate of worldwide
    production, use and consumption of such substances. Not less
    frequently than every 6 years the Administrator shall report to
    Congress on the environmental and economic effects of any
    stratospheric ozone depletion.
      (2) The Administrators of the National Aeronautics and Space
    Administration and the National Oceanic and Atmospheric
    Administration shall monitor, and not less often than every 3 years
    following November 15, 1990, submit a report to Congress on the
    current average tropospheric concentration of chlorine and bromine
    and on the level of stratospheric ozone depletion. Such reports
    shall include updated projections of - 
        (A) peak chlorine loading;
        (B) the rate at which the atmospheric abundance of chlorine is
      projected to decrease after the year 2000; and
        (C) the date by which the atmospheric abundance of chlorine is
      projected to return to a level of two parts per billion.

    Such updated projections shall be made on the basis of current
    international and domestic controls on substances covered by this
    subchapter as well as on the basis of such controls supplemented by
    a year 2000 global phase out of all halocarbon emissions (the base
    case). It is the purpose of the Congress through the provisions of
    this section to monitor closely the production and consumption of
    class II substances to assure that the production and consumption
    of such substances will not:
        (i) increase significantly the peak chlorine loading that is
      projected to occur under the base case established for purposes
      of this section;
        (ii) reduce significantly the rate at which the atmospheric
      abundance of chlorine is projected to decrease under the base
      case; or
        (iii) delay the date by which the average atmospheric
      concentration of chlorine is projected under the base case to
      return to a level of two parts per billion.
    (e) Technology status report in 2015
      The Administrator shall review, on a periodic basis, the progress
    being made in the development of alternative systems or products
    necessary to manufacture and operate appliances without class II
    substances. If the Administrator finds, after notice and
    opportunity for public comment, that as a result of technological
    development problems, the development of such alternative systems
    or products will not occur within the time necessary to provide for
    the manufacture of such equipment without such substances prior to
    the applicable deadlines under section 7671d of this title, the
    Administrator shall, not later than January 1, 2015, so inform the
    Congress.
    (f) Emergency report
      If, in consultation with the Administrators of the National
    Aeronautics and Space Administration and the National Oceanic and
    Atmospheric Administration, and after notice and opportunity for
    public comment, the Administrator determines that the global
    production, consumption, and use of class II substances are
    projected to contribute to an atmospheric chlorine loading in
    excess of the base case projections by more than  5/10 ths parts
    per billion, the Administrator shall so inform the Congress
    immediately. The determination referred to in the preceding
    sentence shall be based on the monitoring under subsection (d) of
    this section and updated not less often than every 3 years.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 603, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2653.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (d)(1) of this section relating to submittal of triennial report to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    the 12th item on page 162 of House Document No. 103-7.

                              METHANE STUDIES                          
      Section 603 of Pub. L. 101-549 provided that:
      "(a) Economically Justified Actions. - Not later than 2 years
    after enactment of this Act [Nov. 15, 1990], the Administrator
    shall prepare and submit a report to the Congress that identifies
    activities, substances, processes, or combinations thereof that
    could reduce methane emissions and that are economically and
    technologically justified with and without consideration of
    environmental benefit.
      "(b) Domestic Methane Source Inventory and Control. - Not later
    than 2 years after the enactment of this Act [Nov. 15, 1990], the
    Administrator, in consultation and coordination with the Secretary
    of Energy and the Secretary of Agriculture, shall prepare and
    submit to the Congress reports on each of the following:
        "(1) Methane emissions associated with natural gas extraction,
      transportation, distribution, storage, and use. Such report shall
      include an inventory of methane emissions associated with such
      activities within the United States. Such emissions include, but
      are not limited to, accidental and intentional releases from
      natural gas and oil wells, pipelines, processing facilities, and
      gas burners. The report shall also include an inventory of
      methane generation with such activities.
        "(2) Methane emissions associated with coal extraction,
      transportation, distribution, storage, and use. Such report shall
      include an inventory of methane emissions associated with such
      activities within the United States. Such emissions include, but
      are not limited to, accidental and intentional releases from
      mining shafts, degasification wells, gas recovery wells and
      equipment, and from the processing and use of coal. The report
      shall also include an inventory of methane generation with such
      activities.
        "(3) Methane emissions associated with management of solid
      waste. Such report shall include an inventory of methane
      emissions associated with all forms of waste management in the
      United States, including storage, treatment, and disposal.
        "(4) Methane emissions associated with agriculture. Such report
      shall include an inventory of methane emissions associated with
      rice and livestock production in the United States.
        "(5) Methane emissions associated with biomass burning. Such
      report shall include an inventory of methane emissions associated
      with the intentional burning of agricultural wastes, wood,
      grasslands, and forests.
        "(6) Other methane emissions associated with human activities.
      Such report shall identify and inventory other domestic sources
      of methane emissions that are deemed by the Administrator and
      other such agencies to be significant.
      "(c) International Studies. - 
        "(1) Methane emissions. - Not later than 2 years after the
      enactment of this Act [Nov. 15, 1990], the Administrator shall
      prepare and submit to the Congress a report on methane emissions
      from countries other than the United States. Such report shall
      include inventories of methane emissions associated with the
      activities listed in subsection (b).
        "(2) Preventing increases in methane concentrations. - Not
      later than 2 years after the enactment of this Act [Nov. 15,
      1990], the Administrator shall prepare and submit to the Congress
      a report that analyzes the potential for preventing an increase
      in atmospheric concentrations of methane from activities and
      sources in other countries. Such report shall identify and
      evaluate the technical options for reducing methane emission from
      each of the activities listed in subsection (b), as well as other
      activities or sources that are deemed by the Administrator in
      consultation with other relevant Federal agencies and departments
      to be significant and shall include an evaluation of costs. The
      report shall identify the emissions reductions that would need to
      be achieved to prevent increasing atmospheric concentrations of
      methane. The report shall also identify technology transfer
      programs that could promote methane emissions reductions in
      lesser developed countries.
      "(d) Natural Sources. - Not later than 2 years after the
    enactment of this Act [Nov. 15, 1990], the Administrator shall
    prepare and submit to the Congress a report on - 
        "(1) methane emissions from biogenic sources such as (A)
      tropical, temperate, and subarctic forests, (B) tundra, and (C)
      freshwater and saltwater wetlands; and
        "(2) the changes in methane emissions from biogenic sources
      that may occur as a result of potential increases in temperatures
      and atmospheric concentrations of carbon dioxide.
      "(e) Study of Measures To Limit Growth in Methane Concentrations.
    - Not later than 2 years after the completion of the studies in
    subsections (b), (c), and (d), the Administrator shall prepare and
    submit to the Congress a report that presents options outlining
    measures that could be implemented to stop or reduce the growth in
    atmospheric concentrations of methane from sources within the
    United States referred to in paragraphs (1) through (6) of
    subsection (b). This study shall identify and evaluate the
    technical options for reducing methane emissions from each of the
    activities listed in subsection (b), as well as other activities or
    sources deemed by such agencies to be significant, and shall
    include an evaluation of costs, technology, safety, energy, and
    other factors. The study shall be based on the other studies under
    this section. The study shall also identify programs of the United
    States and international lending agencies that could be used to
    induce lesser developed countries to undertake measures that will
    reduce methane emissions and the resource needs of such programs.
      "(f) Information Gathering. - In carrying out the studies under
    this section, the provisions and requirements of section 114 of the
    Clean Air Act [42 U.S.C. 7414] shall be available for purposes of
    obtaining information to carry out such studies.
      "(g) Consultation and Coordination. - In preparing the studies
    under this section the Administrator shall consult and coordinate
    with the Secretary of Energy, the Administrators of the National
    Aeronautics and Space Administration and the National Oceanic and
    Atmospheric Administration, and the heads of other relevant Federal
    agencies and departments. In the case of the studies under
    subsections (a), (b), and (e), such consultation and coordination
    shall include the Secretary of Agriculture."

-End-

-CITE-
    42 USC Sec. 7671c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

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

-STATUTE-
    (a) Production phase-out
      Effective on January 1 of each year specified in Table 2, it
    shall be unlawful for any person to produce any class I substance
    in an annual quantity greater than the relevant percentage
    specified in Table 2. The percentages in Table 2 refer to a maximum
    allowable production as a percentage of the quantity of the
    substance produced by the person concerned in the baseline year.

                                  TABLE 2                              
    --------------------------------------------------------------------
          Date             Carbon            Methyl         Other class I 
                        tetrachloride      chloroform        substances   
    --------------------------------------------------------------------
    1991              100%              100%              85%             
    1992              90%               100%              80%             
    1993              80%               90%               75%             
    1994              70%               85%               65%             
    1995              15%               70%               50%             
    1996              15%               50%               40%             
    1997              15%               50%               15%             
    1998              15%               50%               15%             
    1999              15%               50%               15%             
    2000                                20%                               
    2001                                20%                               
    --------------------------------------------------------------------

    (b) Termination of production of class I substances
      Effective January 1, 2000 (January 1, 2002 in the case of methyl
    chloroform), it shall be unlawful for any person to produce any
    amount of a class I substance.
    (c) Regulations regarding production and consumption of class I
      substances
      The Administrator shall promulgate regulations within 10 months
    after November 15, 1990, phasing out the production of class I
    substances in accordance with this section and other applicable
    provisions of this subchapter. The Administrator shall also
    promulgate regulations to insure that the consumption of class I
    substances in the United States is phased out and terminated in
    accordance with the same schedule (subject to the same exceptions
    and other provisions) as is applicable to the phase-out and
    termination of production of class I substances under this
    subchapter.
    (d) Exceptions for essential uses of methyl chloroform, medical
      devices, and aviation safety
      (1) Essential uses of methyl chloroform
        Notwithstanding the termination of production required by
      subsection (b) of this section, during the period beginning on
      January 1, 2002, and ending on January 1, 2005, the
      Administrator, after notice and opportunity for public comment,
      may, to the extent such action is consistent with the Montreal
      Protocol, authorize the production of limited quantities of
      methyl chloroform solely for use in essential applications (such
      as nondestructive testing for metal fatigue and corrosion of
      existing airplane engines and airplane parts susceptible to metal
      fatigue) for which no safe and effective substitute is available.
      Notwithstanding this paragraph, the authority to produce methyl
      chloroform for use in medical devices shall be provided in
      accordance with paragraph (2).
      (2) Medical devices
        Notwithstanding the termination of production required by
      subsection (b) of this section, the Administrator, after notice
      and opportunity for public comment, shall, to the extent such
      action is consistent with the Montreal Protocol, authorize the
      production of limited quantities of class I substances solely for
      use in medical devices if such authorization is determined by the
      Commissioner, in consultation with the Administrator, to be
      necessary for use in medical devices.
      (3) Aviation safety
        (A) Notwithstanding the termination of production required by
      subsection (b) of this section, the Administrator, after notice
      and opportunity for public comment, may, to the extent such
      action is consistent with the Montreal Protocol, authorize the
      production of limited quantities of halon-1211
      (bromochlorodifluoromethane), halon-1301 (bromotrifluoromethane),
      and halon-2402 (dibromotetrafluoroethane) solely for purposes of
      aviation safety if the Administrator of the Federal Aviation
      Administration, in consultation with the Administrator,
      determines that no safe and effective substitute has been
      developed and that such authorization is necessary for aviation
      safety purposes.
        (B) The Administrator of the Federal Aviation Administration
      shall, in consultation with the Administrator, examine whether
      safe and effective substitutes for methyl chloroform or
      alternative techniques will be available for nondestructive
      testing for metal fatigue and corrosion of existing airplane
      engines and airplane parts susceptible to metal fatigue and
      whether an exception for such uses of methyl chloroform under
      this paragraph will be necessary for purposes of airline safety
      after January 1, 2005 and provide a report to Congress in 1998.
      (4) Cap on certain exceptions
        Under no circumstances may the authority set forth in
      paragraphs (1), (2), and (3) of subsection (d) of this section be
      applied to authorize any person to produce a class I substance in
      annual quantities greater than 10 percent of that produced by
      such person during the baseline year.
      (5) Sanitation and food protection
        To the extent consistent with the Montreal Protocol's
      quarantine and preshipment provisions, the Administrator shall
      exempt the production, importation, and consumption of methyl
      bromide to fumigate commodities entering or leaving the United
      States or any State (or political subdivision thereof) for
      purposes of compliance with Animal and Plant Health Inspection
      Service requirements or with any international, Federal, State,
      or local sanitation or food protection standard.
      (6) Critical uses
        To the extent consistent with the Montreal Protocol, the
      Administrator, after notice and the opportunity for public
      comment, and after consultation with other departments or
      instrumentalities of the Federal Government having regulatory
      authority related to methyl bromide, including the Secretary of
      Agriculture, may exempt the production, importation, and
      consumption of methyl bromide for critical uses.
    (e) Developing countries
      (1) Exception
        Notwithstanding the phase-out and termination of production
      required under subsections (a) and (b) of this section, the
      Administrator, after notice and opportunity for public comment,
      may, consistent with the Montreal Protocol, authorize the
      production of limited quantities of a class I substance in excess
      of the amounts otherwise allowable under subsection (a) or (b) of
      this section, or both, solely for export to, and use in,
      developing countries that are Parties to the Montreal Protocol
      and are operating under article 5 of such Protocol. Any
      production authorized under this paragraph shall be solely for
      purposes of satisfying the basic domestic needs of such
      countries.
      (2) Cap on exception
        (A) Under no circumstances may the authority set forth in
      paragraph (1) be applied to authorize any person to produce a
      class I substance in any year for which a production percentage
      is specified in Table 2 of subsection (a) of this section in an
      annual quantity greater than the specified percentage, plus an
      amount equal to 10 percent of the amount produced by such person
      in the baseline year.
        (B) Under no circumstances may the authority set forth in
      paragraph (1) be applied to authorize any person to produce a
      class I substance in the applicable termination year referred to
      in subsection (b) of this section, or in any year thereafter, in
      an annual quantity greater than 15 percent of the baseline
      quantity of such substance produced by such person.
        (C) An exception authorized under this subsection shall
      terminate no later than January 1, 2010 (2012 in the case of
      methyl chloroform).
      (3) Methyl bromide
        Notwithstanding the phaseout and termination of production of
      methyl bromide pursuant to subsection (h) of this section, the
      Administrator may, consistent with the Montreal Protocol,
      authorize the production of limited quantities of methyl bromide,
      solely for use in developing countries that are Parties to the
      Copenhagen Amendments to the Montreal Protocol.
    (f) National security
      The President may, to the extent such action is consistent with
    the Montreal Protocol, issue such orders regarding production and
    use of CFC-114 (chlorofluorocarbon-114), halon-1211, halon-1301,
    and halon-2402, at any specified site or facility or on any vessel
    as may be necessary to protect the national security interests of
    the United States if the President finds that adequate substitutes
    are not available and that the production and use of such substance
    are necessary to protect such national security interest. Such
    orders may include, where necessary to protect such interests, an
    exemption from any prohibition or requirement contained in this
    subchapter. The President shall notify the Congress within 30 days
    of the issuance of an order under this paragraph providing for any
    such exemption. Such notification shall include a statement of the
    reasons for the granting of the exemption. An exemption under this
    paragraph shall be for a specified period which may not exceed one
    year. Additional exemptions may be granted, each upon the
    President's issuance of a new order under this paragraph. Each such
    additional exemption shall be for a specified period which may not
    exceed one year. No exemption shall be granted under this paragraph
    due to lack of appropriation unless the President shall have
    specifically requested such appropriation as a part of the
    budgetary process and the Congress shall have failed to make
    available such requested appropriation.
    (g) Fire suppression and explosion prevention
      (1) Notwithstanding the production phase-out set forth in
    subsection (a) of this section, the Administrator, after notice and
    opportunity for public comment, may, to the extent such action is
    consistent with the Montreal Protocol, authorize the production of
    limited quantities of halon-1211, halon-1301, and halon-2402 in
    excess of the amount otherwise permitted pursuant to the schedule
    under subsection (a) of this section solely for purposes of fire
    suppression or explosion prevention if the Administrator, in
    consultation with the Administrator of the United States Fire
    Administration, determines that no safe and effective substitute
    has been developed and that such authorization is necessary for
    fire suppression or explosion prevention purposes. The
    Administrator shall not authorize production under this paragraph
    for purposes of fire safety or explosion prevention training or
    testing of fire suppression or explosion prevention equipment. In
    no event shall the Administrator grant an exception under this
    paragraph that permits production after December 31, 1999.
      (2) The Administrator shall periodically monitor and assess the
    status of efforts to obtain substitutes for the substances referred
    to in paragraph (1) for purposes of fire suppression or explosion
    prevention and the probability of such substitutes being available
    by December 31, 1999. The Administrator, as part of such
    assessment, shall consider any relevant assessments under the
    Montreal Protocol and the actions of the Parties pursuant to
    Article 2B of the Montreal Protocol in identifying essential uses
    and in permitting a level of production or consumption that is
    necessary to satisfy such uses for which no adequate alternatives
    are available after December 31, 1999. The Administrator shall
    report to Congress the results of such assessment in 1994 and again
    in 1998.
      (3) Notwithstanding the termination of production set forth in
    subsection (b) of this section, the Administrator, after notice and
    opportunity for public comment, may, to the extent consistent with
    the Montreal Protocol, authorize the production of limited
    quantities of halon-1211, halon-1301, and halon-2402 in the period
    after December 31, 1999, and before December 31, 2004, solely for
    purposes of fire suppression or explosion prevention in association
    with domestic production of crude oil and natural gas energy
    supplies on the North Slope of Alaska, if the Administrator, in
    consultation with the Administrator of the United States Fire
    Administration, determines that no safe and effective substitute
    has been developed and that such authorization is necessary for
    fire suppression and explosion prevention purposes. The
    Administrator shall not authorize production under the paragraph
    for purposes of fire safety or explosion prevention training or
    testing of fire suppression or explosion prevention equipment. In
    no event shall the Administrator authorize under this paragraph any
    person to produce any such halon in an amount greater than 3
    percent of that produced by such person during the baseline year.
    (h) Methyl bromide
      Notwithstanding subsections (b) and (d) of this section, the
    Administrator shall not terminate production of methyl bromide
    prior to January 1, 2005. The Administrator shall promulgate rules
    for reductions in, and terminate the production, importation, and
    consumption of, methyl bromide under a schedule that is in
    accordance with, but not more stringent than, the phaseout schedule
    of the Montreal Protocol Treaty as in effect on October 21, 1998.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 604, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2655; amended
    Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 764], Oct.
    21, 1998, 112 Stat. 2681, 2681-36.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (d)(5), (6). Pub. L. 105-277, Sec. 101(a) [title
    VII, Sec. 764(b)], added pars. (5) and (6).
      Subsec. (e)(3). Pub. L. 105-277, Sec. 101(a) [title VII, Sec.
    764(c)], added par. (3).
      Subsec. (h). Pub. L. 105-277, Sec. 101(a) [title VII, Sec.
    764(a)], added subsec. (h).

-End-

-CITE-
    42 USC Sec. 7671d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

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

-STATUTE-
    (a) Restriction of use of class II substances
      Effective January 1, 2015, it shall be unlawful for any person to
    introduce into interstate commerce or use any class II substance
    unless such substance - 
        (1) has been used, recovered, and recycled;
        (2) is used and entirely consumed (except for trace quantities)
      in the production of other chemicals; or
        (3) is used as a refrigerant in appliances manufactured prior
      to January 1, 2020.

    As used in this subsection, the term "refrigerant" means any class
    II substance used for heat transfer in a refrigerating system.
    (b) Production phase-out
      (1) Effective January 1, 2015, it shall be unlawful for any
    person to produce any class II substance in an annual quantity
    greater than the quantity of such substance produced by such person
    during the baseline year.
      (2) Effective January 1, 2030, it shall be unlawful for any
    person to produce any class II substance.
    (c) Regulations regarding production and consumption of class II
      substances
      By December 31, 1999, the Administrator shall promulgate
    regulations phasing out the production, and restricting the use, of
    class II substances in accordance with this section, subject to any
    acceleration of the phase-out of production under section 7671e of
    this title. The Administrator shall also promulgate regulations to
    insure that the consumption of class II substances in the United
    States is phased out and terminated in accordance with the same
    schedule (subject to the same exceptions and other provisions) as
    is applicable to the phase-out and termination of production of
    class II substances under this subchapter.
    (d) Exceptions
      (1) Medical devices
        (A) In general
          Notwithstanding the termination of production required under
        subsection (b)(2) of this section and the restriction on use
        referred to in subsection (a) of this section, the
        Administrator, after notice and opportunity for public comment,
        shall, to the extent such action is consistent with the
        Montreal Protocol, authorize the production and use of limited
        quantities of class II substances solely for purposes of use in
        medical devices if such authorization is determined by the
        Commissioner, in consultation with the Administrator, to be
        necessary for use in medical devices.
        (B) Cap on exception
          Under no circumstances may the authority set forth in
        subparagraph (A) be applied to authorize any person to produce
        a class II substance in annual quantities greater than 10
        percent of that produced by such person during the baseline
        year.
      (2) Developing countries
        (A) In general
          Notwithstanding the provisions of subsection (a) or (b) of
        this section, the Administrator, after notice and opportunity
        for public comment, may authorize the production of limited
        quantities of a class II substance in excess of the quantities
        otherwise permitted under such provisions solely for export to
        and use in developing countries that are Parties to the
        Montreal Protocol, as determined by the Administrator. Any
        production authorized under this subsection shall be solely for
        purposes of satisfying the basic domestic needs of such
        countries.
        (B) Cap on exception
          (i) Under no circumstances may the authority set forth in
        subparagraph (A) be applied to authorize any person to produce
        a class II substance in any year following the effective date
        of subsection (b)(1) of this section and before the year 2030
        in annual quantities greater than 110 percent of the quantity
        of such substance produced by such person during the baseline
        year.
          (ii) Under no circumstances may the authority set forth in
        subparagraph (A) be applied to authorize any person to produce
        a class II substance in the year 2030, or any year thereafter,
        in an annual quantity greater than 15 percent of the quantity
        of such substance produced by such person during the baseline
        year.
          (iii) Each exception authorized under this paragraph shall
        terminate no later than January 1, 2040.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 605, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2658.)

-End-

-CITE-
    42 USC Sec. 7671e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671e. Accelerated schedule

-STATUTE-
    (a) In general
      The Administrator shall promulgate regulations, after notice and
    opportunity for public comment, which establish a schedule for
    phasing out the production and consumption of class I and class II
    substances (or use of class II substances) that is more stringent
    than set forth in section 7671c or 7671d of this title, or both, if
    - 
        (1) based on an assessment of credible current scientific
      information (including any assessment under the Montreal
      Protocol) regarding harmful effects on the stratospheric ozone
      layer associated with a class I or class II substance, the
      Administrator determines that such more stringent schedule may be
      necessary to protect human health and the environment against
      such effects,
        (2) based on the availability of substitutes for listed
      substances, the Administrator determines that such more stringent
      schedule is practicable, taking into account technological
      achievability, safety, and other relevant factors, or
        (3) the Montreal Protocol is modified to include a schedule to
      control or reduce production, consumption, or use of any
      substance more rapidly than the applicable schedule under this
      subchapter.

    In making any determination under paragraphs (1) and (2), the
    Administrator shall consider the status of the period remaining
    under the applicable schedule under this subchapter.
    (b) Petition
      Any person may petition the Administrator to promulgate
    regulations under this section. The Administrator shall grant or
    deny the petition within 180 days after receipt of any such
    petition. If the Administrator denies the petition, the
    Administrator shall publish an explanation of why the petition was
    denied. If the Administrator grants such petition, such final
    regulations shall be promulgated within 1 year. Any petition under
    this subsection shall include a showing by the petitioner that
    there are data adequate to support the petition. If the
    Administrator determines that information is not sufficient to make
    a determination under this subsection, the Administrator shall use
    any authority available to the Administrator, under any law
    administered by the Administrator, to acquire such information.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 606, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2660.)

-End-

-CITE-
    42 USC Sec. 7671f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671f. Exchange authority

-STATUTE-
    (a) Transfers
      The Administrator shall, within 10 months after November 15,
    1990, promulgate rules under this subchapter providing for the
    issuance of allowances for the production of class I and II
    substances in accordance with the requirements of this subchapter
    and governing the transfer of such allowances. Such rules shall
    insure that the transactions under the authority of this section
    will result in greater total reductions in the production in each
    year of class I and class II substances than would occur in that
    year in the absence of such transactions.
    (b) Interpollutant transfers
      (1) The rules under this section shall permit a production
    allowance for a substance for any year to be transferred for a
    production allowance for another substance for the same year on an
    ozone depletion weighted basis.
      (2) Allowances for substances in each group of class I substances
    (as listed pursuant to section 7671a of this title) may only be
    transferred for allowances for other substances in the same Group.
      (3) The Administrator shall, as appropriate, establish groups of
    class II substances for trading purposes and assign class II
    substances to such groups. In the case of class II substances,
    allowances may only be transferred for allowances for other class
    II substances that are in the same Group.
    (c) Trades with other persons
      The rules under this section shall permit 2 or more persons to
    transfer production allowances (including interpollutant transfers
    which meet the requirements of subsections (a) and (b) of this
    section) if the transferor of such allowances will be subject,
    under such rules, to an enforceable and quantifiable reduction in
    annual production which - 
        (1) exceeds the reduction otherwise applicable to the
      transferor under this subchapter,
        (2) exceeds the production allowances transferred to the
      transferee, and
        (3) would not have occurred in the absence of such transaction.
    (d) Consumption
      The rules under this section shall also provide for the issuance
    of consumption allowances in accordance with the requirements of
    this subchapter and for the trading of such allowances in the same
    manner as is applicable under this section to the trading of
    production allowances under this section.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 607, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2660.)

-End-

-CITE-
    42 USC Sec. 7671g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671g. National recycling and emission reduction program

-STATUTE-
    (a) In general
      (1) The Administrator shall, by not later than January 1, 1992,
    promulgate regulations establishing standards and requirements
    regarding the use and disposal of class I substances during the
    service, repair, or disposal of appliances and industrial process
    refrigeration. Such standards and requirements shall become
    effective not later than July 1, 1992.
      (2) The Administrator shall, within 4 years after November 15,
    1990, promulgate regulations establishing standards and
    requirements regarding use and disposal of class I and II
    substances not covered by paragraph (1), including the use and
    disposal of class II substances during service, repair, or disposal
    of appliances and industrial process refrigeration. Such standards
    and requirements shall become effective not later than 12 months
    after promulgation of the regulations.
      (3) The regulations under this subsection shall include
    requirements that - 
        (A) reduce the use and emission of such substances to the
      lowest achievable level, and
        (B) maximize the recapture and recycling of such substances.

    Such regulations may include requirements to use alternative
    substances (including substances which are not class I or class II
    substances) or to minimize use of class I or class II substances,
    or to promote the use of safe alternatives pursuant to section
    7671k of this title or any combination of the foregoing.
    (b) Safe disposal
      The regulations under subsection (a) of this section shall
    establish standards and requirements for the safe disposal of class
    I and II substances. Such regulations shall include each of the
    following - 
        (1) Requirements that class I or class II substances contained
      in bulk in appliances, machines or other goods shall be removed
      from each such appliance, machine or other good prior to the
      disposal of such items or their delivery for recycling.
        (2) Requirements that any appliance, machine or other good
      containing a class I or class II substance in bulk shall not be
      manufactured, sold, or distributed in interstate commerce or
      offered for sale or distribution in interstate commerce unless it
      is equipped with a servicing aperture or an equally effective
      design feature which will facilitate the recapture of such
      substance during service and repair or disposal of such item.
        (3) Requirements that any product in which a class I or class
      II substance is incorporated so as to constitute an inherent
      element of such product shall be disposed of in a manner that
      reduces, to the maximum extent practicable, the release of such
      substance into the environment. If the Administrator determines
      that the application of this paragraph to any product would
      result in producing only insignificant environmental benefits,
      the Administrator shall include in such regulations an exception
      for such product.
    (c) Prohibitions
      (1) Effective July 1, 1992, it shall be unlawful for any person,
    in the course of maintaining, servicing, repairing, or disposing of
    an appliance or industrial process refrigeration, to knowingly vent
    or otherwise knowingly release or dispose of any class I or class
    II substance used as a refrigerant in such appliance (or industrial
    process refrigeration) in a manner which permits such substance to
    enter the environment. De minimis releases associated with good
    faith attempts to recapture and recycle or safely dispose of any
    such substance shall not be subject to the prohibition set forth in
    the preceding sentence.
      (2) Effective 5 years after November 15, 1990, paragraph (1)
    shall also apply to the venting, release, or disposal of any
    substitute substance for a class I or class II substance by any
    person maintaining, servicing, repairing, or disposing of an
    appliance or industrial process refrigeration which contains and
    uses as a refrigerant any such substance, unless the Administrator
    determines that venting, releasing, or disposing of such substance
    does not pose a threat to the environment. For purposes of this
    paragraph, the term "appliance" includes any device which contains
    and uses as a refrigerant a substitute substance and which is used
    for household or commercial purposes, including any air
    conditioner, refrigerator, chiller, or freezer.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 608, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2661.)

-End-

-CITE-
    42 USC Sec. 7671h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671h. Servicing of motor vehicle air conditioners

-STATUTE-
    (a) Regulations
      Within 1 year after November 15, 1990, the Administrator shall
    promulgate regulations in accordance with this section establishing
    standards and requirements regarding the servicing of motor vehicle
    air conditioners.
    (b) Definitions
      As used in this section - 
        (1) The term "refrigerant" means any class I or class II
      substance used in a motor vehicle air conditioner. Effective 5
      years after November 15, 1990, the term "refrigerant" shall also
      include any substitute substance.
        (2)(A) The term "approved refrigerant recycling equipment"
      means equipment certified by the Administrator (or an independent
      standards testing organization approved by the Administrator) to
      meet the standards established by the Administrator and
      applicable to equipment for the extraction and reclamation of
      refrigerant from motor vehicle air conditioners. Such standards
      shall, at a minimum, be at least as stringent as the standards of
      the Society of Automotive Engineers in effect as of November 15,
      1990, and applicable to such equipment (SAE standard J-1990).
        (B) Equipment purchased before the proposal of regulations
      under this section shall be considered certified if it is
      substantially identical to equipment certified as provided in
      subparagraph (A).
        (3) The term "properly using" means, with respect to approved
      refrigerant recycling equipment, using such equipment in
      conformity with standards established by the Administrator and
      applicable to the use of such equipment. Such standards shall, at
      a minimum, be at least as stringent as the standards of the
      Society of Automotive Engineers in effect as of November 15,
      1990, and applicable to the use of such equipment (SAE standard J-
      1989).
        (4) The term "properly trained and certified" means training
      and certification in the proper use of approved refrigerant
      recycling equipment for motor vehicle air conditioners in
      conformity with standards established by the Administrator and
      applicable to the performance of service on motor vehicle air
      conditioners. Such standards shall, at a minimum, be at least as
      stringent as specified, as of November 15, 1990, in SAE standard
      J-1989 under the certification program of the National Institute
      for Automotive Service Excellence (ASE) or under a similar
      program such as the training and certification program of the
      Mobile Air Conditioning Society (MACS).
    (c) Servicing motor vehicle air conditioners
      Effective January 1, 1992, no person repairing or servicing motor
    vehicles for consideration may perform any service on a motor
    vehicle air conditioner involving the refrigerant for such air
    conditioner without properly using approved refrigerant recycling
    equipment and no such person may perform such service unless such
    person has been properly trained and certified. The requirements of
    the previous sentence shall not apply until January 1, 1993 in the
    case of a person repairing or servicing motor vehicles for
    consideration at an entity which performed service on fewer than
    100 motor vehicle air conditioners during calendar year 1990 and if
    such person so certifies, pursuant to subsection (d)(2) of this
    section, to the Administrator by Janu- ary 1, 1992.
    (d) Certification
      (1) Effective 2 years after November 15, 1990, each person
    performing service on motor vehicle air conditioners for
    consideration shall certify to the Administrator either - 
        (A) that such person has acquired, and is properly using,
      approved refrigerant recycling equipment in service on motor
      vehicle air conditioners involving refrigerant and that each
      individual authorized by such person to perform such service is
      properly trained and certified; or
        (B) that such person is performing such service at an entity
      which serviced fewer than 100 motor vehicle air conditioners in
      1991.

      (2) Effective January 1, 1993, each person who certified under
    paragraph (1)(B) shall submit a certification under paragraph
    (1)(A).
      (3) Each certification under this subsection shall contain the
    name and address of the person certifying under this subsection and
    the serial number of each unit of approved recycling equipment
    acquired by such person and shall be signed and attested by the
    owner or another responsible officer. Certifications under
    paragraph (1)(A) may be made by submitting the required information
    to the Administrator on a standard form provided by the
    manufacturer of certified refrigerant recycling equipment.
    (e) Small containers of class I or class II substances
      Effective 2 years after November 15, 1990, it shall be unlawful
    for any person to sell or distribute, or offer for sale or
    distribution, in interstate commerce to any person (other than a
    person performing service for consideration on motor vehicle air-
    conditioning systems in compliance with this section) any class I
    or class II substance that is suitable for use as a refrigerant in
    a motor vehicle air-conditioning system and that is in a container
    which contains less than 20 pounds of such refrigerant.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 609, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2662.)

-End-

-CITE-
    42 USC Sec. 7671i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671i. Nonessential products containing chlorofluorocarbons

-STATUTE-
    (a) Regulations
      The Administrator shall promulgate regulations to carry out the
    requirements of this section within 1 year after November 15, 1990.
    (b) Nonessential products
      The regulations under this section shall identify nonessential
    products that release class I substances into the environment
    (including any release occurring during manufacture, use, storage,
    or disposal) and prohibit any person from selling or distributing
    any such product, or offering any such product for sale or
    distribution, in interstate commerce. At a minimum, such
    prohibition shall apply to - 
        (1) chlorofluorocarbon-propelled plastic party streamers and
      noise horns,
        (2) chlorofluorocarbon-containing cleaning fluids for
      noncommercial electronic and photographic equipment, and
        (3) other consumer products that are determined by the
      Administrator - 
          (A) to release class I substances into the environment
        (including any release occurring during manufacture, use,
        storage, or disposal), and
          (B) to be nonessential.

    In determining whether a product is nonessential, the Administrator
    shall consider the purpose or intended use of the product, the
    technological availability of substitutes for such product and for
    such class I substance, safety, health, and other relevant factors.
    (c) Effective date
      Effective 24 months after November 15, 1990, it shall be unlawful
    for any person to sell or distribute, or offer for sale or
    distribution, in interstate commerce any nonessential product to
    which regulations under subsection (a) of this section implementing
    subsection (b) of this section are applicable.
    (d) Other products
      (1) Effective January 1, 1994, it shall be unlawful for any
    person to sell or distribute, or offer for sale or distribution, in
    interstate commerce - 
        (A) any aerosol product or other pressurized dispenser which
      contains a class II substance; or
        (B) any plastic foam product which contains, or is manufactured
      with, a class II substance.

      (2) The Administrator is authorized to grant exceptions from the
    prohibition under subparagraph (A) of paragraph (1) where - 
        (A) the use of the aerosol product or pressurized dispenser is
      determined by the Administrator to be essential as a result of
      flammability or worker safety concerns, and
        (B) the only available alternative to use of a class II
      substance is use of a class I substance which legally could be
      substituted for such class II substance.

      (3) Subparagraph (B) of paragraph (1) shall not apply to - 
        (A) a foam insulation product, or
        (B) an integral skin, rigid, or semi-rigid foam utilized to
      provide for motor vehicle safety in accordance with Federal Motor
      Vehicle Safety Standards where no adequate substitute substance
      (other than a class I or class II substance) is practicable for
      effectively meeting such Standards.
    (e) Medical devices
      Nothing in this section shall apply to any medical device as
    defined in section 7671(8) of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 610, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2664.)

-End-

-CITE-
    42 USC Sec. 7671j                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671j. Labeling

-STATUTE-
    (a) Regulations
      The Administrator shall promulgate regulations to implement the
    labeling requirements of this section within 18 months after
    November 15, 1990, after notice and opportunity for public comment.
    (b) Containers containing class I or class II substances and
      products containing class I substances
      Effective 30 months after November 15, 1990, no container in
    which a class I or class II substance is stored or transported, and
    no product containing a class I substance, shall be introduced into
    interstate commerce unless it bears a clearly legible and
    conspicuous label stating:
        "Warning: Contains [insert name of substance], a substance
      which harms public health and environment by destroying ozone in
      the upper atmosphere".
    (c) Products containing class II substances
      (1) After 30 months after November 15, 1990, and before January
    1, 2015, no product containing a class II substance shall be
    introduced into interstate commerce unless it bears the label
    referred to in subsection (b) of this section if the Administrator
    determines, after notice and opportunity for public comment, that
    there are substitute products or manufacturing processes (A) that
    do not rely on the use of such class II substance, (B) that reduce
    the overall risk to human health and the environment, and (C) that
    are currently or potentially available.
      (2) Effective January 1, 2015, the requirements of subsection (b)
    of this section shall apply to all products containing a class II
    substance.
    (d) Products manufactured with class I and class II substances
      (1) In the case of a class II substance, after 30 months after
    November 15, 1990, and before January 1, 2015, if the
    Administrator, after notice and opportunity for public comment,
    makes the determination referred to in subsection (c) of this
    section with respect to a product manufactured with a process that
    uses such class II substance, no such product shall be introduced
    into interstate commerce unless it bears a clearly legible and
    conspicuous label stating:
        "Warning: Manufactured with [insert name of substance], a
      substance which harms public health and environment by destroying
      ozone in the upper atmosphere" (!1)

      (2) In the case of a class I substance, effective 30 months after
    November 15, 1990, and before January 1, 2015, the labeling
    requirements of this subsection shall apply to all products
    manufactured with a process that uses such class I substance unless
    the Administrator determines that there are no substitute products
    or manufacturing processes that (A) do not rely on the use of such
    class I substance, (B) reduce the overall risk to human health and
    the environment, and (C) are currently or potentially available.
    (e) Petitions
      (1) Any person may, at any time after 18 months after November
    15, 1990, petition the Administrator to apply the requirements of
    this section to a product containing a class II substance or a
    product manufactured with a class I or II substance which is not
    otherwise subject to such requirements. Within 180 days after
    receiving such petition, the Administrator shall, pursuant to the
    criteria set forth in subsection (c) of this section, either
    propose to apply the requirements of this section to such product
    or publish an explanation of the petition denial. If the
    Administrator proposes to apply such requirements to such product,
    the Administrator shall, by rule, render a final determination
    pursuant to such criteria within 1 year after receiving such
    petition.
      (2) Any petition under this paragaph (!2) shall include a showing
    by the petitioner that there are data on the product adequate to
    support the petition.

      (3) If the Administrator determines that information on the
    product is not sufficient to make the required determination the
    Administrator shall use any authority available to the
    Administrator under any law administered by the Administrator to
    acquire such information.
      (4) In the case of a product determined by the Administrator,
    upon petition or on the Administrator's own motion, to be subject
    to the requirements of this section, the Administrator shall
    establish an effective date for such requirements. The effective
    date shall be 1 year after such determination or 30 months after
    November 15, 1990, whichever is later.
      (5) Effective January 1, 2015, the labeling requirements of this
    subsection (!3) shall apply to all products manufactured with a
    process that uses a class I or class II substance.

    (f) Relationship to other law
      (1) The labeling requirements of this section shall not
    constitute, in whole or part, a defense to liability or a cause for
    reduction in damages in any suit, whether civil or criminal,
    brought under any law, whether Federal or State, other than a suit
    for failure to comply with the labeling requirements of this
    section.
      (2) No other approval of such label by the Administrator under
    any other law administered by the Administrator shall be required
    with respect to the labeling requirements of this section.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 611, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2665.)

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.

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

    (!3) So in original. Probably should be "section".

-End-

-CITE-
    42 USC Sec. 7671k                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671k. Safe alternatives policy

-STATUTE-
    (a) Policy
      To the maximum extent practicable, class I and class II
    substances shall be replaced by chemicals, product substitutes, or
    alternative manufacturing processes that reduce overall risks to
    human health and the environment.
    (b) Reviews and reports
      The Administrator shall - 
        (1) in consultation and coordination with interested members of
      the public and the heads of relevant Federal agencies and
      departments, recommend Federal research programs and other
      activities to assist in identifying alternatives to the use of
      class I and class II substances as refrigerants, solvents, fire
      retardants, foam blowing agents, and other commercial
      applications and in achieving a transition to such alternatives,
      and, where appropriate, seek to maximize the use of Federal
      research facilities and resources to assist users of class I and
      class II substances in identifying and developing alternatives to
      the use of such substances as refrigerants, solvents, fire
      retardants, foam blowing agents, and other commercial
      applications;
        (2) examine in consultation and coordination with the Secretary
      of Defense and the heads of other relevant Federal agencies and
      departments, including the General Services Administration,
      Federal procurement practices with respect to class I and class
      II substances and recommend measures to promote the transition by
      the Federal Government, as expeditiously as possible, to the use
      of safe substitutes;
        (3) specify initiatives, including appropriate
      intergovernmental, international, and commercial information and
      technology transfers, to promote the development and use of safe
      substitutes for class I and class II substances, including
      alternative chemicals, product substitutes, and alternative
      manufacturing processes; and
        (4) maintain a public clearinghouse of alternative chemicals,
      product substitutes, and alternative manufacturing processes that
      are available for products and manufacturing processes which use
      class I and class II substances.
    (c) Alternatives for class I or II substances
      Within 2 years after November 15, 1990, the Administrator shall
    promulgate rules under this section providing that it shall be
    unlawful to replace any class I or class II substance with any
    substitute substance which the Administrator determines may present
    adverse effects to human health or the environment, where the
    Administrator has identified an alternative to such replacement
    that - 
        (1) reduces the overall risk to human health and the
      environment; and
        (2) is currently or potentially available.

    The Administrator shall publish a list of (A) the substitutes
    prohibited under this subsection for specific uses and (B) the safe
    alternatives identified under this subsection for specific uses.
    (d) Right to petition
      Any person may petition the Administrator to add a substance to
    the lists under subsection (c) of this section or to remove a
    substance from either of such lists. The Administrator shall grant
    or deny the petition within 90 days after receipt of any such
    petition. If the Administrator denies the petition, the
    Administrator shall publish an explanation of why the petition was
    denied. If the Administrator grants such petition the Administrator
    shall publish such revised list within 6 months thereafter. Any
    petition under this subsection shall include a showing by the
    petitioner that there are data on the substance adequate to support
    the petition. If the Administrator determines that information on
    the substance is not sufficient to make a determination under this
    subsection, the Administrator shall use any authority available to
    the Administrator, under any law administered by the Administrator,
    to acquire such information.
    (e) Studies and notification
      The Administrator shall require any person who produces a
    chemical substitute for a class I substance to provide the
    Administrator with such person's unpublished health and safety
    studies on such substitute and require producers to notify the
    Administrator not less than 90 days before new or existing
    chemicals are introduced into interstate commerce for significant
    new uses as substitutes for a class I substance. This subsection
    shall be subject to section 7414(c) of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 612, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2667.)

-End-

-CITE-
    42 USC Sec. 7671l                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671l. Federal procurement

-STATUTE-
      Not later than 18 months after November 15, 1990, the
    Administrator, in consultation with the Administrator of the
    General Services Administration and the Secretary of Defense, shall
    promulgate regulations requiring each department, agency, and
    instrumentality of the United States to conform its procurement
    regulations to the policies and requirements of this subchapter and
    to maximize the substitution of safe alternatives identified under
    section 7671k of this title for class I and class II substances.
    Not later than 30 months after November 15, 1990, each department,
    agency, and instrumentality of the United States shall so conform
    its procurement regulations and certify to the President that its
    regulations have been modified in accordance with this section.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 613, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2668.)

-EXEC-
                         EXECUTIVE ORDER NO. 12843                     
      Ex. Ord. No. 12843, Apr. 21, 1993, 58 F.R. 21881, which provided
    for Federal agencies to implement policies and programs to minimize
    procurement of ozone-depleting substances, was revoked by Ex. Ord.
    No. 13148, Sec. 901, Apr. 21, 2000, 65 F.R. 24604, set out as a
    note under section 4321 of this title.

-End-

-CITE-
    42 USC Sec. 7671m                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671m. Relationship to other laws

-STATUTE-
    (a) State laws
      Notwithstanding section 7416 of this title, during the 2-year
    period beginning on November 15, 1990, no State or local government
    may enforce any requirement concerning the design of any new or
    recalled appliance for the purpose of protecting the stratospheric
    ozone layer.
    (b) Montreal Protocol
      This subchapter as added by the Clean Air Act Amendments of 1990
    shall be construed, interpreted, and applied as a supplement to the
    terms and conditions of the Montreal Protocol, as provided in
    Article 2, paragraph 11 thereof, and shall not be construed,
    interpreted, or applied to abrogate the responsibilities or
    obligations of the United States to implement fully the provisions
    of the Montreal Protocol. In the case of conflict between any
    provision of this subchapter and any provision of the Montreal
    Protocol, the more stringent provision shall govern. Nothing in
    this subchapter shall be construed, interpreted, or applied to
    affect the authority or responsibility of the Administrator to
    implement Article 4 of the Montreal Protocol with other appropriate
    agencies.
    (c) Technology export and overseas investment
      Upon November 15, 1990, the President shall - 
        (1) prohibit the export of technologies used to produce a class
      I substance;
        (2) prohibit direct or indirect investments by any person in
      facilities designed to produce a class I or class II substance in
      nations that are not parties to the Montreal Protocol; and
        (3) direct that no agency of the government provide bilateral
      or multilateral subsidies, aids, credits, guarantees, or
      insurance programs, for the purpose of producing any class I
      substance.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 614, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2668.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act Amendments of 1990, referred to in subsec. (b),
    probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399. For
    complete classification of this Act to the Code, see Short Title of
    1990 Amendment note set out under section 7401 of this title and
    Tables.

-End-

-CITE-
    42 USC Sec. 7671n                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671n. Authority of Administrator

-STATUTE-
      If, in the Administrator's judgment, any substance, practice,
    process, or activity may reasonably be anticipated to affect the
    stratosphere, especially ozone in the stratosphere, and such effect
    may reasonably be anticipated to endanger public health or welfare,
    the Administrator shall promptly promulgate regulations respecting
    the control of such substance, practice, process, or activity, and
    shall submit notice of the proposal and promulgation of such
    regulation to the Congress.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 615, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2669.)

-End-

-CITE-
    42 USC Sec. 7671o                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671o. Transfers among Parties to Montreal Protocol

-STATUTE-
    (a) In general
      Consistent with the Montreal Protocol, the United States may
    engage in transfers with other Parties to the Protocol under the
    following conditions:
        (1) The United States may transfer production allowances to
      another Party if, at the time of such transfer, the Administrator
      establishes revised production limits for the United States such
      that the aggregate national United States production permitted
      under the revised production limits equals the lesser of (A) the
      maximum production level permitted for the substance or
      substances concerned in the transfer year under the Protocol
      minus the production allowances transferred, (B) the maximum
      production level permitted for the substance or substances
      concerned in the transfer year under applicable domestic law
      minus the production allowances transferred, or (C) the average
      of the actual national production level of the substance or
      substances concerned for the 3 years prior to the transfer minus
      the production allowances transferred.
        (2) The United States may acquire production allowances from
      another Party if, at the time of such transfer, the Administrator
      finds that the other Party has revised its domestic production
      limits in the same manner as provided with respect to transfers
      by the United States in this subsection.
    (b) Effect of transfers on production limits
      The Administrator is authorized to reduce the production limits
    established under this chapter as required as a prerequisite to
    transfers under paragraph (1) of subsection (a) of this section or
    to increase production limits established under this chapter to
    reflect production allowances acquired under a transfer under
    paragraph (2) of subsection (a) of this section.
    (c) Regulations
      The Administrator shall promulgate, within 2 years after November
    15, 1990, regulations to implement this section.
    (d) "Applicable domestic law" defined
      In the case of the United States, the term "applicable domestic
    law" means this chapter.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 616, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2669.)

-End-

-CITE-
    42 USC Sec. 7671p                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671p. International cooperation

-STATUTE-
    (a) In general
      The President shall undertake to enter into international
    agreements to foster cooperative research which complements studies
    and research authorized by this subchapter, and to develop
    standards and regulations which protect the stratosphere consistent
    with regulations applicable within the United States. For these
    purposes the President through the Secretary of State and the
    Assistant Secretary of State for Oceans and International
    Environmental and Scientific Affairs, shall negotiate multilateral
    treaties, conventions, resolutions, or other agreements, and
    formulate, present, or support proposals at the United Nations and
    other appropriate international forums and shall report to the
    Congress periodically on efforts to arrive at such agreements.
    (b) Assistance to developing countries
      The Administrator, in consultation with the Secretary of State,
    shall support global participation in the Montreal Protocol by
    providing technical and financial assistance to developing
    countries that are Parties to the Montreal Protocol and operating
    under article 5 of the Protocol. There are authorized to be
    appropriated not more than $30,000,000 to carry out this section in
    fiscal years 1991, 1992 and 1993 and such sums as may be necessary
    in fiscal years 1994 and 1995. If China and India become Parties to
    the Montreal Protocol, there are authorized to be appropriated not
    more than an additional $30,000,000 to carry out this section in
    fiscal years 1991, 1992, and 1993.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 617, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2669.)

-MISC1-
                      AUTHORITY OF SECRETARY OF STATE                  
      Except as otherwise provided, Secretary of State to have and
    exercise any authority vested by law in any official or office of
    Department of State and references to such officials or offices
    deemed to refer to Secretary of State or Department of State, as
    appropriate, see section 2651a of Title 22, Foreign Relations and
    Intercourse, and section 161(d) of Pub. L. 103-236, set out as a
    note under section 2651a of Title 22.

-End-

-CITE-
    42 USC Sec. 7671q                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STRATOSPHERIC OZONE PROTECTION

-HEAD-
    Sec. 7671q. Miscellaneous provisions

-STATUTE-
      For purposes of section 7416 of this title, requirements
    concerning the areas addressed by this subchapter for the
    protection of the stratosphere against ozone layer depletion shall
    be treated as requirements for the control and abatement of air
    pollution. For purposes of section 7418 of this title, the
    requirements of this subchapter and corresponding State,
    interstate, and local requirements, administrative authority, and
    process, and sanctions respecting the protection of the
    stratospheric ozone layer shall be treated as requirements for the
    control and abatement of air pollution within the meaning of
    section 7418 of this title.

-SOURCE-
    (July 14, 1955, ch. 360, title VI, Sec. 618, as added Pub. L. 101-
    549, title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2670.)

-End-