period (but within the time specified for judicial review), and 
if the objection is of central relevance to the outcome of the 
rule, the Administrator shall convene a proceeding for recon-
sideration of the rule and provide the same procedural rights 
as would have been afforded had the information been avail-
able at the time at which the rule was proposed. If the Ad-
ministrator refuses to convene such a proceeding, the person 
may seek review of the refusal in the United States court of 
appeals for the appropriate circuit (as provided in subsection 
(b)). Reconsideration shall not stay the effectiveness of the 
rule, but the Administrator or the court may stay the effec-
tiveness of the rule during reconsideration for not more than 
3 months. 
(10) PROCEDURAL DETERMINATIONS.— 
(A) SOLE FORUM.—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)) at the time of the sub-
stantive review of the rule. 
(B) NO
INTERLOCUTORY
APPEAL.—No interlocutory appeal 
shall be permitted with respect to a procedural determination 
made by the Administrator under this subsection. 
(C) INVALIDATION OF RULE.—In reviewing alleged procedural 
errors, the court may invalidate a 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 the errors had not been made. 
(11) REVERSAL.—A court may reverse any 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 immu-
nity; 
(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) the failure to observe the procedure is arbitrary or ca-
pricious; 
(ii) the requirement of paragraph (9)(B) has been met; and 
(iii) the condition of paragraph (10)(C) is met. 
(12) STATUTORY DEADLINES.—A statutory deadline for promulga-
tion of a rule that requires promulgation less than 6 months after the 
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date of proposal may be extended to not more than 6 months after the 
date of proposal by the Administrator on a determination that the ex-
tension is necessary to afford the public and EPA adequate opportunity 
to carry out the purposes of this subsection. 
(e) NO OTHER JUDICIAL REVIEW.—Nothing in this division shall be con-
strued to authorize judicial review of regulations or orders of the Adminis-
trator under this division, 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’s fees and expert 
witness’s fees) whenever the court determines that such an award is appro-
priate. 
(g) STAY, INJUNCTION, OR SIMILAR RELIEF IN PROCEEDINGS RELATING 
TO NONCOMPLIANCE PENALTIES.—In any civil action respecting the pro-
mulgation of regulations under, or the administration or enforcement of, 
section 211119 of this title, the court shall not grant any stay, injunctive 
relief, or similar relief before final judgment by the court. 
(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 division, including a regulation 
subject to a deadline, shall ensure that there is a reasonable period for pub-
lic participation of at least 30 days, except as otherwise expressly provided 
in sections 211107(d), 215102(a), 215202, and 215302 of this title. 
§ 203103. Emergency powers 
(a) CIVIL ACTION.—Notwithstanding any other provision of this division, 
the Administrator, on receipt of evidence that a pollution source or combina-
tion of sources (including moving sources) is presenting an imminent and 
substantial endangerment to public health or welfare, or the environment, 
may bring a civil action 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 the pollution or to take such other action as may 
be necessary. 
(b) ISSUANCE OF ORDERS BY THE ADMINISTRATOR.—If it is not prac-
ticable to ensure prompt protection of public health or welfare or the envi-
ronment by commencement of a civil action under subsection (a), the Ad-
ministrator may issue such orders as may be necessary to protect public 
health or welfare or the environment. 
(c) CONSULTATION.—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 pro-
posed to be taken is based. 
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(d) EFFECTIVENESS.—Any order issued by the Administrator under this 
section shall be effective on issuance and shall remain in effect for a period 
of not more than 60 days, unless the Administrator brings a civil action 
pursuant to subsection (a) before the expiration of that period. Whenever 
the Administrator brings such a civil action within the 60-day period, the 
order shall remain in effect for an additional 14 days or for such longer 
period as may be authorized by the court in which the civil action is 
brought. 
§ 203104. Citizen suits 
(a) DEFINITION OF EMISSION STANDARD OR LIMITATION UNDER THIS 
DIVISION.—In this section, the term ‘‘emission standard or limitation under 
this division’’ means— 
(1) a schedule or timetable of compliance, emission limitation, stand-
ard of performance, or emission standard; 
(2) a control or prohibition respecting a motor vehicle fuel or fuel 
additive; 
(3)(A) any condition or requirement of a permit under chapter 213 
or 215; 
(B) any condition or requirement under an applicable implementa-
tion plan relating to transportation control measures, air quality main-
tenance plans, vehicle inspection and maintenance programs or vapor 
recovery requirements; 
(C) any regulation under subsection (e) or act described in sub-
section (f) of section 221111 of this title; 
(D) any regulation under subsection (b) or (c) of section 213201 of 
this title; 
(E) subdivision 7; or 
(F) any requirement under section 211111 or 211112 of this title 
(without regard to whether the requirement is expressed as an emission 
standard); or 
(4) any other standard, limitation, or schedule established under any 
permit issued pursuant to subdivision 6 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; 
that is in effect under this division (including a requirement applicable by 
reason of section 211118 of this title) or under an applicable implementa-
tion plan. 
(b) IN GENERAL.— 
(1) VIOLATION
OF
EMISSION
STANDARD
OR
LIMITATION
OR
OF 
ORDER.— 
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(A) DEFINITION
OF
PERSON.—In this paragraph, the term 
‘‘person’’ includes— 
(i) the United States; and 
(ii) any other governmental instrumentality or agency to 
the extent permitted by the Eleventh Amendment to the Con-
stitution. 
(B) CIVIL ACTION.—Except as provided in subsection (c), any 
person may commence a civil action on the person’s own behalf 
against any person that is alleged to have violated (if there is evi-
dence that the alleged violation has been repeated) or to be in vio-
lation of— 
(i) an emission standard or limitation under this division; 
or 
(ii) an order issued by the Administrator or a State with 
respect to an emission standard or limitation under this divi-
sion. 
(2) FAILURE OF ADMINISTRATOR TO PERFORM NONDISCRETIONARY 
ACT OR DUTY.—Except as provided in subsection (c), any person may 
commence a civil action on the person’s own behalf against the Admin-
istrator where there is alleged a failure of the Administrator to perform 
any act or duty under this division that is not discretionary with the 
Administrator. 
(3) CONSTRUCTION WITHOUT PERMIT; VIOLATION OF PERMIT.—Ex-
cept as provided in subsection (c), any person may commence a civil 
action on the person’s own behalf against any person that— 
(A) proposes to construct or constructs any new or modified 
major emitting facility without a permit required under chapter 
213 or 215; or 
(B) is alleged to have violated (if there is evidence that the al-
leged violation has been repeated) or to be in violation of any con-
dition of such a permit. 
(4) JURISDICTION TO ENFORCE EMISSION STANDARD, EMISSION LIM-
ITATION, OR ORDER.— 
(A) IN GENERAL.—A United States district court shall have ju-
risdiction, without regard to the amount in controversy or the citi-
zenship of the parties, to— 
(i) enforce an emission standard or emission limitation or 
an order described in paragraph (1)(B)(ii), or to order the 
Administrator to perform an act or duty described in para-
graph (2), as the case may be; and 
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(ii) to apply any appropriate civil penalties (except in a civil 
action under paragraph (2)). 
(B) PENALTY ASSESSMENT CRITERIA.— 
(i) FACTORS.—In determining the amount of any civil pen-
alty to be assessed under this subsection, the court shall take 
into consideration (in addition to such other factors as justice 
may require)— 
(I) the size of the business; 
(II) the economic impact of the civil penalty on the 
business; 
(III) the violator’s full compliance history and good 
faith efforts to comply; 
(IV) the duration of the violation as established by any 
credible evidence (including evidence other than the ap-
plicable test method); 
(V) payment by the violator of penalties previously as-
sessed for the same violation; 
(VI) the economic benefit of noncompliance; and 
(VII) the seriousness of the violation. 
(ii) CIVIL PENALTY FOR EACH DAY OF VIOLATION.—A civil 
penalty may be assessed for each day of violation. For pur-
poses of determining the number of days of violation for 
which a civil penalty may be assessed under this subsection, 
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 giv-
ing rise to the violation are likely to have continued or re-
curred past the date of notice, the days of violation shall be 
presumed to include the date of the notice and each day 
thereafter until the violator establishes that continuous com-
pliance has been achieved, except to the extent that the viola-
tor 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. 
(5) COMPULSION
OF
AGENCY
ACTION.—A United States district 
court shall have jurisdiction to compel (consistent with paragraph (2)) 
agency action unreasonably delayed, except that a civil action to compel 
agency action under section 203102(b) of this title that is unreasonably 
delayed may be filed only in a United States district court within the 
circuit in which the civil action would be reviewable under section 
203102(b) of this title. In any such civil action for unreasonable delay, 
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(3) SERVICE OF COMPLAINT.—Whenever any civil 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. 
(4) CONSENT JUDGMENT.—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, dur-
ing which 45-day period the Government may submit its comments on 
the proposed consent judgment to the court and parties or may inter-
vene as a matter of right. 
(e) AWARD OF COSTS; SECURITY.—In issuing any final order in any ac-
tion brought pursuant to subsection (b), a court may award costs of litiga-
tion (including reasonable attorney’s fees and expert witness’s fees) to any 
party, whenever the court determines that such an 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 (28 U.S.C. App.). 
(f) NONRESTRICTION OF OTHER RIGHTS.— 
(1) PERSONS IN GENERAL.—Nothing in this section restricts any 
right that any person (or class of persons) may have under any statute 
or common law to seek enforcement of any emission standard or limita-
tion or to seek any other relief (including relief against the Adminis-
trator or a State agency). 
(2) STATE, LOCAL, AND INTERSTATE AUTHORITIES.—Nothing in this 
section or in any other law of the United States prohibits, excludes, 
or restricts any State, local, or interstate authority from— 
(A) bringing any enforcement action or obtaining any judicial 
remedy or sanction in any State or local court; or 
(B) bringing any administrative enforcement action or obtaining 
any administrative remedy or sanction in any State or local ad-
ministrative 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. 
(3) OTHER PROVISIONS.—For provisions requiring compliance by the 
United States, departments, agencies, instrumentalities, officers, 
agents, and employees in the same manner as nongovernmental enti-
ties, see section 211118 of this title. 
(g) PENALTY FUND.— 
(1) IN GENERAL.— 
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(A) DEPOSIT.—Penalties received under subsection (b) shall be 
deposited in a special fund in the Treasury for licensing and other 
services. 
(B) USE.—Amounts in the fund are authorized to be appro-
priated and shall remain available until expended for use by the 
Administrator to finance air compliance and enforcement activi-
ties. 
(2) USE OF PENALTIES IN BENEFICIAL MITIGATION PROJECTS.— 
(A) IN GENERAL.—Notwithstanding paragraph (1), the court in 
any action under this section to apply civil penalties shall have dis-
cretion to order that the civil penalties, in lieu of being deposited 
in the fund described in paragraph (1), be used in beneficial miti-
gation projects that are consistent with this division and enhance 
public health or the environment. 
(B) VIEW OF THE ADMINISTRATOR.—The court shall obtain the 
view of the Administrator in exercising such discretion and select-
ing any such projects. 
(C) AMOUNT.—The amount of any such payment in any such 
action shall not exceed $100,000. 
§ 203105. Representation in litigation 
(a) ATTORNEY
GENERAL; ATTORNEYS
APPOINTED
BY
ADMINIS-
TRATOR.—The Administrator shall request the Attorney General to appear 
and represent the Administrator in any civil action instituted under this di-
vision to which the Administrator is a party. Unless the Attorney General 
notifies the Administrator that the Attorney General will appear in the civil 
action within a reasonable time, attorneys appointed by the Administrator 
shall appear and represent the Administrator. 
(b) MEMORANDUM OF UNDERSTANDING REGARDING LEGAL REPRESEN-
TATION.—If the Attorney General agrees to appear and represent the Ad-
ministrator in any civil action, the representation shall be conducted in ac-
cordance with, and shall include participation by attorneys appointed by the 
Administrator to the extent authorized by, the memorandum of under-
standing between the Department of Justice and the EPA dated June 13, 
1977, respecting representation of EPA by the Department of Justice in 
civil litigation. 
Chapters 205 through 207—Reserved 
Chapter 209—Miscellaneous 
Sec. 
209101. Federal procurement. 
209102. Mandatory patent licensing. 
209103. Policy review. 
209104. Other authority and responsibilities. 
209105. Records and audit. 
209106. Labor standards. 
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209107. Sewage treatment grants. 
209108. Economic impact assessment. 
209109. Air quality monitoring. 
209110. Air quality modeling. 
209111. Employment effects. 
209112. Employee protection. 
209113. Cost of vapor recovery equipment. 
209114. Vapor recovery for independent small business marketers of gasoline. 
209115. Exemptions for certain territories. 
209116. Air pollution from Outer Continental Shelf activities. 
209117. Demonstration grant program for local governments. 
§ 209101. Federal procurement 
(a) PROHIBITION OF CONTRACTS WITH VIOLATORS.— 
(1) IN GENERAL.—No Federal agency may enter into any contract 
with any person that is convicted of any offense under section 
211113(d) of this title for the procurement of goods, materials, and 
services to perform the contract at any facility at which the violation 
that gave rise to the conviction occurred if the facility is owned, leased, 
or supervised by that person. 
(2) TIME PERIOD.—The prohibition under paragraph (1) shall con-
tinue until the Administrator certifies that the condition giving rise to 
the conviction has been corrected. 
(3) INCLUSION OF SUBSTANTIVE VIOLATION.—In the case of a con-
viction arising under paragraph (2) of section 211113(d) of this title, 
the condition giving rise to the conviction also shall be considered to 
include any substantive violation of this division associated with the 
violation of that paragraph. 
(4) OTHER FACILITIES.—The Administrator may extend the prohibi-
tion under paragraph (1) to other facilities owned or operated by the 
convicted person. 
(b) NOTIFICATION PROCEDURES.—The Administrator shall establish pro-
cedures to provide all Federal agencies with the notification necessary for 
the purposes of subsection (a). 
(c) FEDERAL AGENCY CONTRACTS.—To implement the purposes and pol-
icy of this division to protect and enhance the quality of the Nation’s air, 
the President shall cause to be issued an order that— 
(1) requires each Federal agency authorized to enter into contracts 
and each Federal agency that is empowered to extend Federal assist-
ance by way of grant, loan, or contract to effectuate the purpose and 
policy of this division in such contracting or assistance activities; and 
(2) sets forth procedures, sanctions, penalties, and such other provi-
sions as the President determines to be necessary to carry out that re-
quirement. 
(d) EXEMPTIONS.—The President— 
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(1) may exempt any contract, loan, or grant from all or part of this 
section where the President determines that an exemption is necessary 
in the paramount interest of the United States; and 
(2) shall notify Congress of the exemption. 
§ 209102. Mandatory patent licensing 
(a) IN GENERAL.—Whenever the Attorney General determines, on appli-
cation of the Administrator— 
(1) that— 
(A) in the implementation of requirement of section 211111, 
211112, or 221102 of this title, a right under any United States 
letters patent that is being used or intended for public or commer-
cial use and that is not otherwise reasonably available is necessary 
to enable any person required to comply with the requirement to 
comply with the requirement; and 
(B) there are no reasonable alternative methods to accomplish 
that purpose; and 
(2) that the unavailability of that 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 United States district court, which 
may issue an order requiring the person that owns the patent to license it 
on such reasonable terms and conditions as the court, after hearing, may 
determine. 
(b) WHERE CERTIFICATION MAY BE MADE.—Certification under sub-
section (a) may be made to the United States district court for the district 
in which the person owning the patent resides, does business, or is found. 
§ 209103. Policy review 
(a) ENVIRONMENTAL IMPACT.—The Administrator shall review and com-
ment in writing on the environmental impact of any matter relating to du-
ties and responsibilities granted pursuant to this division 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 105202(a)(2)(C) of this title applies; and 
(3) proposed regulations published by any department or agency of 
the Federal Government. 
(b) WRITTEN COMMENT.—Written comment under subsection (a) shall be 
made public at the conclusion of any review under subsection (a). 
(c) UNSATISFACTORY LEGISLATION, ACTION, OR REGULATION.—If the 
Administrator determines that any legislation, action, or regulation de-
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scribed in subsection (a) is unsatisfactory from the standpoint of public 
health or welfare or environmental quality— 
(1) the Administrator shall publish the determination; and 
(2) the matter shall be referred to the Council on Environmental 
Quality. 
§ 209104. Other authority and responsibilities 
(a) IN GENERAL.—Except as provided in subsection (b), this division 
shall not be construed as superseding or limiting the authorities and respon-
sibilities, 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 301, 311, or 314 of the Public Health 
Service Act (42 U.S.C. 241, 243, 246) for any purpose for which appropria-
tions may be made under this division. 
§ 209105. Records and audit 
(a) RECIPIENTS OF ASSISTANCE TO KEEP PRESCRIBED RECORDS.—A 
recipient of assistance under this division shall keep such records as the Ad-
ministrator shall prescribe, including— 
(1) records that fully disclose— 
(A) the amount and disposition by the recipient of the proceeds 
of the assistance; 
(B) the total cost of the project or undertaking in connection 
with which the assistance is given or used; and 
(C) the amount of the portion of the cost of the project or un-
dertaking that is supplied by other sources; and 
(2) 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 records of a recipi-
ent of assistance under this division that are pertinent to the assistance re-
ceived under this division. 
§ 209106. Labor standards 
(a) IN GENERAL.—The Administrator shall take such action as may be 
necessary to ensure that all laborers and mechanics employed by contractors 
or subcontractors on projects assisted under this division are 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 ac-
cordance with sections 3141 to 3144, 3146, and 3147 of title 40. 
(b) AUTHORITY OF THE SECRETARY OF LABOR.—The Secretary of Labor 
shall have, with respect to the labor standards specified in this subsection 
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(a), the authority and functions set forth in Reorganization Plan No. 14 
of 1950 (5 U.S.C. App.) and section 3145 of title 40. 
§ 209107. Sewage treatment grants 
(a) CONSTRUCTION.—No grant that 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 Admin-
istrator on the basis of any requirement of this division except as provided 
in subsection (b). 
(b) WITHHOLDING, CONDITIONING, OR RESTRICTING OF GRANTS.— 
(1) IN GENERAL.—The Administrator may withhold, condition, or 
restrict the making of any grant described in subsection (a) only if the 
Administrator determines that— 
(A) the treatment works will not comply with applicable stand-
ards under section 211111 or 211112 of this title; 
(B) the State does not have in effect, or is not carrying out, 
a State implementation plan approved by the Administrator that 
expressly quantifies and provides for the increase in emissions of 
each air pollutant from stationary and mobile sources in any area 
to which chapter 213 or 215 applies for that pollutant, which in-
crease may reasonably be anticipated to result directly or indi-
rectly from the new sewage treatment capacity that would be cre-
ated by the construction; 
(C) the construction of the treatment works would create new 
sewage treatment capacity that— 
(i) may reasonably be anticipated to cause or contribute, 
directly or indirectly, to an increase in emissions of any air 
pollutant in excess of the increase provided for under the pro-
visions described in subparagraph (B) for any such area; or 
(ii) would otherwise not be in conformity with the applica-
ble implementation plan; or 
(D) the increase in emissions would interfere with, or be incon-
sistent with, the applicable implementation plan for any other 
State. 
(2) INCREASE IN EMISSIONS OF AIR POLLUTANT FROM STATIONARY 
AND MOBILE SOURCES IN AN AREA TO WHICH CHAPTER 215 APPLIES.— 
In the case of construction of a treatment works that would result, di-
rectly or indirectly, in an increase in emissions of any air pollutant 
from stationary and mobile sources in an area to which chapter 215 
applies, the quantification of emissions described in paragraph (1)(B) 
shall include the emissions of any such pollutant resulting directly or 
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indirectly from areawide and nonmajor stationary source growth (mo-
bile and stationary) for each such area. 
(c) CHAPTER 105.—Nothing in this section shall be construed to— 
(1) amend or alter any provision of chapter 105; or 
(2) affect any determination as to whether or not the requirements 
of that chapter have been met in the case of the construction of any 
sewage treatment works. 
§ 209108. Economic impact assessment 
(a) ACTIONS TO WHICH THIS SECTION APPLIES.— 
(1) IN GENERAL.—This section applies to action of the Adminis-
trator in promulgating or revising (subject to paragraph (2))— 
(A) any new source standard of performance under section 
211111 of this title; 
(B) any regulation under section 211111(d) of this title; 
(C) any regulation under subdivision 7; 
(D) any regulation under chapter 213; 
(E) any regulation establishing emission standards under sec-
tion 221102 of this title and any other regulation promulgated 
under that section; 
(F) any regulation controlling or prohibiting any fuel or fuel ad-
ditive under section 221111(d) of this title; and 
(G) any aircraft emission standard under section 223102 of this 
title. 
(2) LIMITATION.—Nothing in this section shall apply to any stand-
ard or regulation described in paragraph (1) unless the notice of pro-
posed rulemaking in connection with the standard or regulation is pub-
lished in the Federal Register. In the case of a revision of such a 
standard or regulation, this section shall apply only to a revision that 
the Administrator determines to be a substantial revision. 
(b) PREPARATION OF ASSESSMENT BY ADMINISTRATOR.— 
(1) IN GENERAL.—Before publication of notice of proposed rule-
making with respect to any standard or regulation to which this section 
applies, the Administrator shall prepare an economic impact assess-
ment respecting the standard or regulation. 
(2) INCLUSION IN DOCKET.—An economic impact assessment under 
paragraph (1) shall be included in the docket required under section 
203102(d)(3) of this title and shall be available to the public as pro-
vided in section 203102(d)(5) of this title. The notice of proposed rule-
making shall include notice of such availability and an explanation of 
the extent to which and manner in which the Administrator has consid-
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ered the analysis contained in the economic impact assessment in pro-
posing the action. 
(3) EXPLANATION.—The Administrator shall provide an explanation 
described in paragraph (2) in the Administrator’s notice of promulga-
tion of any regulation or standard described in subsection (a). Each 
such explanation shall be part of the statements of basis and purpose 
required under paragraphs (4) and (8) of section 203102(d) of this 
title. 
(c) ANALYSIS.— 
(1) IN GENERAL.—Subject to subsection (d), the economic impact 
assessment required under this section with respect to any standard or 
regulation shall contain an analysis of— 
(A) the costs of compliance, including the extent to which the 
costs of compliance will vary depending on— 
(i) the effective date; and 
(ii) the development of less expensive, more efficient means 
or methods of compliance; 
(B) the potential inflationary or recessionary effects; 
(C) the effects on competition with respect to small business; 
(D) the effects on consumer costs; and 
(E) the effects on energy use. 
(2) EFFECT OF SECTION.—Nothing in this section shall be construed 
to provide that the analysis of the factors specified in this subsection 
affects or alters the factors that the Administrator is required to con-
sider in taking any action described in subsection (a). 
(d) EXTENSIVENESS OF ASSESSMENT.—An economic impact assessment 
required under this section shall be as extensive as practicable, in the judg-
ment of the Administrator, taking into account the time and resources avail-
able to EPA and other duties and authorities that the Administrator is re-
quired to carry out under this division. 
(e) EFFECT OF SECTION.—Nothing in this section shall be construed— 
(1) to alter the basis on which a standard or regulation is promul-
gated under this division; 
(2) to preclude the Administrator from carrying out the Administra-
tor’s responsibility under this division to protect public health and wel-
fare; 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 the standard or regulation on the basis of failure to 
comply with this section. 
(f) CITIZEN SUITS.— 
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(1) NONDISCRETIONARY DUTIES.—The requirements imposed on the 
Administrator under this section shall be treated as nondiscretionary 
duties for purposes of section 203104(b)(2) of this title. 
(2) SOLE METHOD OF ENFORCEMENT.—The sole method for enforce-
ment of the Administrator’s duty under this section shall be by bring-
ing a civil action under section 203104(b)(2) of this title for a court 
order to compel the Administrator to perform the duty. Violation of 
any such order shall subject the Administrator to penalties for con-
tempt of court. 
(g) COSTS.—In the case of any provision of this division 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 consider-
ation, 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 the provision to take cost into account. 
§ 209109. Air quality monitoring 
(a) IN GENERAL.— 
(1) REGULATIONS.—After notice and opportunity for public hearing, 
the Administrator shall promulgate regulations establishing an air 
quality monitoring system throughout the United States that— 
(A) utilizes uniform air quality monitoring criteria and method-
ology and measures the air quality according to a uniform air 
quality index; 
(B) 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; 
(C) provides for daily analysis and reporting of air quality based 
on the uniform air quality index; and 
(D) provides for recordkeeping with respect to the monitoring 
data and for periodic analysis and reporting to the general public 
by the Administrator with respect to air quality based on the data. 
(2) OPERATION.—The operation of the 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 considers appropriate. Any air qual-
ity monitoring system required under any applicable implementation 
plan under section 211110 of this title shall, as soon as practicable fol-
lowing promulgation of regulations under this section, utilize the stand-
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ard criteria and methodology, and measure air quality according to the 
standard index, established under the 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 caused by human activity that is unlikely to recur 
at a particular location or is 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.—The term ‘‘exceptional event’’ does not in-
clude— 
(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.—After consultation with Federal 
land managers and State air pollution control agencies, the Ad-
ministrator shall publish in the Federal Register proposed regula-
tions 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 inter-
ested persons to make oral presentations of views, data, and argu-
ments regarding the proposed regulations, the Administrator shall 
promulgate final regulations governing the review and handling of 
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 sec-
tion, the Administrator shall follow the principles that— 
(i) protection of public health is the highest priority; 
(ii) timely information should be provided to the public in 
any case in which the air quality is unhealthy; 
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(iii) all ambient air quality data should be included in a 
timely manner, in an appropriate Federal air quality database 
that is accessible to the public; 
(iv) each State must take necessary measures to safeguard 
public health regardless of the source of the air pollution; and 
(v) 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 sec-
tion shall, at a minimum, provide that— 
(i) the occurrence of an exceptional event must be dem-
onstrated by reliable, accurate data that are promptly pro-
duced and provided by Federal, State, or local government 
agencies; 
(ii) a clear causal relationship must exist between the 
measured exceedances of a NAAQS and the exceptional event 
to demonstrate that the exceptional event caused a specific 
air pollution concentration at a particular air quality moni-
toring location; 
(iii) there is a public process for determining whether an 
event is an exceptional event; and 
(iv) there are criteria and procedures for the Governor of 
a State to petition the Administrator to exclude air quality 
monitoring data that are directly due to exceptional events 
from use in determinations by the Administrator with respect 
to exceedances or violations of the NAAQSes. 
§ 209110. Air quality modeling 
(a) CONFERENCES.—At least every 3 years, the Administrator shall con-
duct a conference on air quality modeling. In conducting a conference, spe-
cial attention shall be given to appropriate modeling necessary for carrying 
out chapter 213. 
(b) CONFEREES.—A 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 agen-
cies, including the National Science Foundation, 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 pro-
ceedings shall be maintained. The comments and transcript shall be in-
cluded in the docket required to be established for purposes of promulgating 
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or revising any regulation relating to air quality modeling under chapter 
213. 
§ 209111. Employment effects 
(a) CONTINUOUS EVALUATION OF POTENTIAL LOSS OR SHIFTS OF EM-
PLOYMENT.—The Administrator shall conduct continuing evaluations of po-
tential loss or shifts of employment that may result from the administration 
or enforcement of the provision of this division and applicable implementa-
tion plans, including, where appropriate, investigating threatened plant clo-
sures or reductions in employment allegedly resulting from such administra-
tion or enforcement. 
(b) INVESTIGATION.— 
(1) REQUEST FOR INVESTIGATION.—Any employee, or any represent-
ative of an employee, who is discharged or laid off, threatened with dis-
charge 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 divi-
sion, including any requirement applicable to Federal facilities and any 
requirement imposed by a State or political subdivision of a State, may 
request the Administrator to investigate the matter. Any such request 
shall be in writing, shall set forth with reasonable particularity the 
grounds for the request, and shall be signed by the employee (or rep-
resentative of the employee) making the request. 
(2) INVESTIGATION.—On the making of a request under paragraph 
(1), the Administrator shall investigate the matter and, at the request 
of any party, shall hold public hearings on not less than 5 days’ notice. 
At the hearings, the Administrator shall require the parties, including 
the employer of the employee, to present information relating to the ac-
tual or potential effect of a requirement described in paragraph (1) on 
employment and the detailed reasons or justification for the require-
ments. If the Administrator determines that there are no reasonable 
grounds for conducting a public hearing, the Administrator shall notify 
(in writing) the party requesting a hearing of the determination and 
the reasons for the determination. If the Administrator convenes a 
hearing, the hearing shall be on the record. 
(3) FINDINGS AND RECOMMENDATIONS.— 
(A) IN GENERAL.—On receiving the report of an investigation 
under paragraph (2), the Administrator shall— 
(i) make findings of fact as to the effect of the require-
ments on employment and on the alleged actual or potential 
discharge, layoff, or other adverse effect on employment; and 
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(ii) make such recommendations as the Administrator con-
siders appropriate. 
(B) PUBLIC
AVAILABILITY.—The report, findings, and rec-
ommendations shall be available to the public. 
(c) SUBPOENAS; OATHS.— 
(1) IN GENERAL.—In connection with any investigation or public 
hearing conducted under subsection (b), the Administrator may— 
(A) issue subpoenas for the attendance and testimony of wit-
nesses and the production of relevant records; and 
(B) administer oaths. 
(2) TRADE
SECRETS; SECRET
PROCESSES.—Except for emission 
data, on a showing satisfactory to the Administrator by an owner or 
operator that records or information or any particular part thereof, if 
made public, would divulge trade secrets or secret processes of the 
owner or operator, the Administrator shall consider the record, report, 
or information or particular part thereof confidential in accordance 
with section 1905 of title 18, except that the record or information may 
be disclosed— 
(A) to other officers, employees, or authorized representatives of 
the United States concerned with carrying out this division; or 
(B) when relevant in any proceeding under this division. 
(3) PAYMENT OF WITNESSES.—A witness summoned shall be paid 
the same fees and mileage that are paid witnesses in the courts of the 
United States. 
(4) CONTUMACY; REFUSAL TO OBEY SUBPOENA.—In a case of contu-
macy or refusal to obey a subpoena served on any person under para-
graph (1)— 
(A) the United States district court for any district in which the 
person is found or resides or transacts business, on application by 
the United States and after notice to the person, shall have juris-
diction to issue an order requiring the person to appear and give 
testimony before the Administrator and to appear and produce 
records before the Administrator; and 
(B) any failure to obey such a court order may be punished by 
the court as a contempt of court. 
(d) LIMITATIONS ON CONSTRUCTION OF SECTION.—Nothing in this sec-
tion shall be construed to require or authorize the Administrator, a State, 
or a political subdivision of a State to modify or withdraw any requirement 
imposed or proposed to be imposed under this division. 
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§ 209112. Employee protection 
(a) NO DISCHARGE OR DISCRIMINATION.—No employer may discharge or 
otherwise discriminate against any employee with respect to the employee’s 
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 division or a pro-
ceeding for the administration or enforcement of any requirement im-
posed under this division 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 this 
division. 
(b) INVESTIGATION.— 
(1) COMPLAINT.—An employee who believes that the employee has 
been discharged or otherwise discriminated against by any person in 
violation of subsection (a) may, within 30 days after the violation oc-
curs, file (or have any person file on the employee’s behalf) a complaint 
with the Secretary of Labor (referred to in this subsection as the ‘‘Sec-
retary’’) alleging the discharge or discrimination. On receipt of the 
complaint, the Secretary shall notify the person named in the complaint 
of the filing of the complaint. 
(2) INVESTIGATION.—On receipt of a complaint under paragraph 
(1), the Secretary shall conduct an investigation of the violation alleged 
in the complaint. Within 30 days of the receipt of the complaint, the 
Secretary shall complete the investigation and shall notify in writing 
the complainant (and any person acting in the complainant’s behalf) 
and the person alleged to have committed the violation of the results 
of the investigation. 
(3) ORDER.— 
(A) IN GENERAL.—Within 90 days after receipt of a complaint 
under paragraph (1), the Secretary shall, unless the proceeding on 
the complaint is terminated by the Secretary on the basis of a set-
tlement entered into by the Secretary and the person alleged to 
have committed the violation, issue an order providing the relief 
prescribed by subparagraph (B) or denying the relief. An order of 
the Secretary shall be made on the record after notice and oppor-
tunity for public hearing. The Secretary may not enter into a set-
tlement terminating a proceeding on a complaint without the par-
ticipation and consent of the complainant. 
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(B) RELIEF.—If, in response to a complaint under paragraph 
(1), the Secretary determines that a violation of subsection (a) has 
occurred, the Secretary— 
(i) shall order the person that committed the violation to— 
(I) take affirmative action to abate the violation; and 
(II) reinstate the complainant to the complainant’s 
former position together with the compensation (includ-
ing back pay), terms, conditions, and privileges of the 
complainant’s employment; and 
(ii) may order the person to provide compensatory damages 
to the complainant. 
(4) COSTS AND EXPENSES.—If an order is issued under paragraph 
(3), the Secretary, at the request of the complainant, shall assess 
against the person against which the order is issued a sum equal to 
the aggregate amount of all costs and expenses (including attorney’s 
fees and expert witness’s fees) reasonably incurred, as determined by 
the Secretary, by the complainant for, or in connection with, the bring-
ing of the complaint on which the order is issued. 
(c) REVIEW.— 
(1) IN GENERAL.—Any person adversely affected or aggrieved by an 
order issued under subsection (b)(3) 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 pe-
tition for review must be filed within 60 days from the issuance of the 
Secretary’s order. Review shall conform to chapter 7 of title 5. The 
commencement of proceedings under this subsection shall not, unless 
ordered by the court, operate as a stay of the Secretary’s order. 
(2) NO OTHER REVIEW.—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)(3), 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 the order. In a civil 
action brought under this subsection, the district court shall have jurisdic-
tion to grant all appropriate relief, including injunctive relief, compensatory 
damages, and exemplary damages. 
(e) ENFORCEMENT OF ORDER BY PERSON ON WHOSE BEHALF ORDER 
WAS ISSUED.— 
(1) IN GENERAL.—Any person on whose behalf an order was issued 
under subsection (b)(3) may commence a civil action against the person 
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to which the order was issued to require compliance with the 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 the order. 
(2) COSTS.—In issuing any final order under this subsection, a court 
may award costs of litigation (including reasonable attorney’s fees and 
expert witness’s fees) to any party whenever the court determines that 
such an 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) shall not 
apply with respect to any employee who, acting without direction from the 
employee’s employer (or the employer’s agent), deliberately causes a viola-
tion of any requirement of this division. 
§ 209113. Cost of vapor recovery equipment 
(a) COSTS TO BE BORNE BY OWNER OF RETAIL OUTLET.—The regula-
tions under this division applicable to vapor recovery with respect to mobile 
source fuels at retail outlets of such fuels shall provide that the cost of pro-
curement and installation of the vapor recovery shall be borne by the owner 
of the outlet (as determined under the regulations). Except as provided in 
subsection (b), the regulations shall provide that no lease of a retail outlet 
by the owner thereof may provide for a payment by the lessee of the cost 
of procurement and installation of vapor recovery equipment. The regula-
tions shall provide that the cost of procurement and installation of vapor 
recovery equipment may be recovered by the owner of the outlet by means 
of price increases in the cost of any product sold by the owner, notwith-
standing any provision of law. 
(b) PAYMENT BY LESSEE.—The regulations of the Administrator de-
scribed in subsection (a) 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 accord-
ance with the regulations) if the owner of the outlet does not sell, trade in, 
or otherwise dispense any product at wholesale or retail at the outlet. 
§ 209114. Vapor recovery for independent small business 
marketers of gasoline 
(a) DEFINITIONS.—In this section: 
(1) CONTROL.—The term ‘‘control’’, in reference to control of a cor-
poration, means ownership of more than 50 percent of the stock of the 
corporation. 
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(2) INDEPENDENT SMALL BUSINESS MARKETER OF GASOLINE.—The 
term ‘‘independent small business marketer of gasoline’’ means a per-
son engaged in the marketing of gasoline that would be required to pay 
for procurement and installation of vapor recovery equipment under 
section 209113 of this title or under regulations of the Administrator, 
unless the person— 
(A)(i) is a refiner; 
(ii) controls, is controlled by, or is under common control with, 
a refiner; or 
(iii) is otherwise directly or indirectly affiliated (as determined 
under the regulations of the Administrator) with a refiner or with 
a person that controls, is controlled by, or is under a common con-
trol with a refiner (unless the sole affiliation is by means of a sup-
ply contract or an agreement or contract to use a trademark, 
trade name, service mark, or other identifying symbol or name 
owned by the refiner or any such person); or 
(B) receives less than 50 percent of the person’s annual income 
from refining or marketing of gasoline. 
(3) REFINER.—The term ‘‘refiner’’ does not include a refiner the 
total refinery capacity of which (including the refinery capacity of any 
person that controls, is controlled by, or is under common control with, 
the refiner) does not exceed 65,000 barrels per day. 
(b) MARKETERS OF GASOLINE.—The regulations under this division ap-
plicable to vapor recovery from fueling of motor vehicles at retail outlets of 
gasoline shall not apply to any outlet owned by an independent small busi-
ness marketer of gasoline having monthly sales of less than 50,000 gallons. 
(c) STATE REQUIREMENTS.—Nothing in subsection (a) shall be construed 
to prohibit any State from adopting or enforcing, with respect to inde-
pendent 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 that 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 ap-
plicable implementation plan for that State. 
§ 209115. Exemptions for certain territories 
(a) EXEMPTION ON PETITION.— 
(1) IN GENERAL.—On petition by the Governor of Guam, American 
Samoa, the Virgin Islands, or the Northern Mariana Islands, the Ad-
ministrator may exempt any person or source or class of persons or 
sources in that territory or commonwealth from any requirement under 
this division other than— 
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(A) section 211112 of this title; or 
(B) any requirement under section 211110 of this title or chap-
ter 215 necessary to attain or maintain a primary NAAQS. 
(2) BASIS FOR EXEMPTION.—An exemption may be granted under 
paragraph (1) if the Administrator finds that compliance with the re-
quirement is not feasible or is unreasonable due to unique geographical, 
meteorological, or economic factors of the territory or commonwealth 
or to such other local factors as the Administrator considers signifi-
cant. 
(3) CONSIDERATION.—A petition under paragraph (1) shall be con-
sidered in accordance with section 203102(d) of this title, and any ex-
emption under this subsection shall be considered to be final action by 
the Administrator for the purposes of section 203102(b) of this title. 
(4) NOTIFICATION.—The Administrator shall promptly notify the 
Committee on Energy and Commerce and Committee on Natural Re-
sources of the House of Representatives and the Committee on Envi-
ronment and Public Works and Committee on Energy and Natural Re-
sources of the Senate on receipt of a petition under this subsection and 
of the approval or rejection of the petition and the basis for the action. 
(b) EXEMPTION OF CERTAIN POWERPLANT.— 
(1) IN GENERAL.—Notwithstanding any other provision of this divi-
sion, any fossil fuel-fired steam electric powerplant operating within 
Guam as of December 8, 1983, is exempted from— 
(A) any requirement of the new source performance standards 
relating to sulfur dioxide promulgated under section 211111 of 
this title as of December 8, 1983; and 
(B) any regulation relating to sulfur dioxide standards or limita-
tions contained in a State implementation plan approved under 
section 211110 of this title as of December 8, 1983, except as pro-
vided in paragraph (2). 
(2) EXPIRATION.—The exemptions under paragraph (1) shall expire 
unless the Administrator determines that the powerplant described in 
paragraph (1) is making all emission reductions practicable to prevent 
exceedances of the NAAQSes for sulfur dioxide. 
§ 209116. Air pollution from Outer Continental Shelf activi-
ties 
(a) DEFINITIONS.—In this section: 
(1) CORRESPONDING ONSHORE AREA.— 
(A) IN
GENERAL.—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 Ad-
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ministrator determines that another area with more stringent re-
quirements with respect to the control and abatement of air pollu-
tion may reasonably be expected to be affected by such emissions. 
(B) DETERMINATION.—A determination under subparagraph 
(A) 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 chapter 213. 
(2) EXISTING OCS SOURCE.—The term ‘‘existing OCS source’’ means 
any OCS source other than a new OCS source. 
(3) NEW OCS SOURCE.—The term ‘‘new OCS source’’ means an OCS 
source that is a new source within the meaning of section 211111(a) 
of this title. 
(4) OUTER CONTINENTAL SHELF.—The term ‘‘Outer Continental 
Shelf’’ has the meaning given the term in section 2 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331). 
(5) OCS SOURCE.— 
(A) IN GENERAL.—The term ‘‘OCS source’’ means a source on, 
or in or on water above, the Outer Continental Shelf that is lo-
cated— 
(i) offshore of a State along the Pacific, Arctic, or Atlantic 
Coast; or 
(ii) offshore of the State of Florida along the United States 
Gulf Coast eastward of longitude 87 degrees, 30 minutes. 
(B) INCLUSIONS.— 
(i) IN GENERAL.—The term ‘‘OCS source’’ includes any 
equipment, activity, or facility that— 
(I) emits or has the potential to emit any air pollut-
ant; and 
(II) is regulated or authorized under the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 
(ii) ACTIVITY.—In clause (i), the term ‘‘activity’’ includes 
platform and drill ship exploration, construction, development, 
production, processing, and transportation. 
(C) EXCLUSIONS.—The term ‘‘OCS source’’ does not include a 
source on, or in or on water above, the Outer Continental Shelf 
that is located offshore of the North Slope Borough of Alaska. 
(b) APPLICABLE REQUIREMENTS FOR CERTAIN AREAS.— 
(1) REQUIREMENTS TO CONTROL AIR POLLUTION.— 
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(A) IN GENERAL.—After consultation with the Secretary of the 
Interior and the Commandant of the United States Coast Guard, 
the Administrator, by regulation, shall establish requirements to 
control air pollution from OCS sources to attain and maintain 
Federal and State ambient air quality standards and to comply 
with chapter 213. 
(B) SOURCES LOCATED WITHIN 25 MILES OF THE SEAWARD 
BOUNDARY OF A STATE.—For OCS sources that are located within 
25 miles of the seaward boundary of a State, the requirements 
under subparagraph (A)— 
(i) shall be the same as would be applicable if the source 
were located in the corresponding onshore area; and 
(ii) shall include State and local requirements for emission 
controls, emission limitations, offsets, permitting, monitoring, 
testing, and reporting. 
(C) UPDATING.—The Administrator shall update the require-
ments as necessary to maintain consistency with onshore regula-
tions and this division. 
(2) VESSELS.—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 emissions from the 
OCS source. 
(3) SUPERSEDURE
OF
OTHER
LAW.—The authority of this sub-
section 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 authority with respect to air quality. 
(4) TREATMENT
AS
STANDARD.—Each requirement established 
under this subsection shall be treated, for purposes of sections 203104, 
211113, 211114, 211116, and 211119 of this title, as a standard 
under section 211111 of this title, and a violation of any such require-
ment shall be considered a violation of section 211111(j) of this title. 
(5) EXEMPTIONS.— 
(A) IN
GENERAL.—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 in-
feasible or will cause an unreasonable threat to health and safety. 
(B) WRITTEN FINDINGS; OTHER REQUIREMENT.—The Adminis-
trator shall make written findings explaining the basis of any ex-
emption issued pursuant to this paragraph and shall impose an-
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other requirement equal to or as close in stringency to the original 
requirement as possible. 
(C) OFFSET.—The Administrator shall ensure that any increase 
in emissions due to the granting of an exemption is offset by re-
ductions in actual emissions, not otherwise required by this divi-
sion, from the same source or other sources in the area or in the 
corresponding onshore area. 
(D) PUBLIC NOTICE AND COMMENT.—The Administrator shall 
establish procedures to provide for public notice and comment on 
exemptions proposed pursuant to this paragraph. 
(6) STATE PROCEDURES.—A State adjacent to an OCS source in-
cluded under this subsection may promulgate and submit to the Admin-
istrator 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 au-
thority the Administrator has under this division to implement and en-
force the requirements. Nothing in this subsection shall prohibit the 
Administrator from enforcing any requirement of this section. 
(c) REQUIREMENTS FOR OTHER OFFSHORE AREAS.—For portions of the 
United States Outer Continental Shelf that are adjacent to the States of 
Alabama, Mississippi, Louisiana, and Texas or to the North Slope Borough 
of Alaska, the Secretary of the Interior shall consult with the Administrator 
to ensure coordination of air pollution control regulation for Outer Conti-
nental Shelf emissions and emissions in adjacent onshore areas. 
(d) COASTAL WATER.— 
(1) STUDY REPORT.—The study report under section 211112(m) of 
this title shall apply to the coastal water of the United States to the 
same extent and in the same manner as the requirements apply to the 
Great Lakes, the Chesapeake Bay, and their tributaries. 
(2) REGULATORY REQUIREMENTS.—The regulatory requirements of 
section 211112(m) of this title shall apply to the coastal water of the 
States that is subject to subsection (b) to the same extent and in the 
same manner as the requirements apply to the Great Lakes, the Chesa-
peake Bay, and their tributaries. 
§ 209117. Demonstration grant program for local govern-
ments 
(a) DEFINITIONS.—In this section: 
(1) COST-EFFECTIVE TECHNOLOGIES AND PRACTICES.—The term 
‘‘cost-effective technologies and practices’’ has the meaning given the 
term in section 401 of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17061). 
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(2) OPERATING COST SAVINGS.—The term ‘‘operating cost savings’’ 
has the meaning given the term in section 401 of the Energy Independ-
ence and Security Act of 2007 (42 U.S.C. 17061). 
(b) GRANT PROGRAM.— 
(1) IN GENERAL.—The Administrator shall establish a demonstra-
tion program under which the Administrator shall provide competitive 
grants to assist local governments (such as municipalities and counties) 
with respect to local government buildings to— 
(A) deploy cost-effective technologies and practices; and 
(B) achieve operational cost savings through the application of 
cost-effective technologies and practices, as verified by the Admin-
istrator. 
(2) COST SHARING.— 
(A) IN GENERAL.—The Federal share of the cost of an activity 
carried out using a grant provided under this section shall be 40 
percent. 
(B) WAIVER
OF
NON-FEDERAL
SHARE.—The Administrator 
may waive up to 100 percent of the local share of the cost of any 
grant under this section if the Administrator determines, under 
objective economic criteria established by the Administrator in 
published guidelines, that the community is economically dis-
tressed. 
(3) MAXIMUM AMOUNT.—The amount of a grant under this sub-
section shall not exceed $1,000,000. 
(c) GUIDELINES.— 
(1) IN GENERAL.—The Administrator shall issue guidelines to imple-
ment the grant program established under subsection (b). 
(2) REQUIREMENTS.—The guidelines under paragraph (1) shall es-
tablish— 
(A) standards for monitoring and verification of operational cost 
savings through the application of cost-effective technologies and 
practices reported by grantees under this section; 
(B) standards for grantees to implement training programs and 
provide technical assistance and education relating to the retrofit 
of buildings using cost-effective technologies and practices; and 
(C) a requirement that each local government that receives a 
grant under this section shall achieve facility-wide cost savings, 
through renovation of existing local government buildings using 
cost-effective technologies and practices, of at least 40 percent as 
compared with the baseline operational costs of the buildings be-
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fore the renovation (as calculated assuming a 3-year, weather-nor-
malized average). 
(d) COMPLIANCE WITH STATE AND LOCAL LAW.—Nothing in this section 
or any program carried out using a grant provided under this section super-
sedes or otherwise affects any State or local law, to the extent that the 
State or local law contains a requirement that is more stringent than the 
relevant requirement of this section. 
(e) REPORTS.— 
(1) IN GENERAL.—The Administrator shall annually submit to Con-
gress a report that— 
(A) describes the cost savings achieved and actions taken and 
recommendations made under this section; and 
(B) includes any recommendations for further action that the 
Administrator may have. 
(2) FINAL REPORT.—The Administrator shall issue a final report at 
the conclusion of the program that includes findings, a summary of 
total cost savings achieved, and recommendations for further action. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap-
propriated to carry out this section $20,000,000 for each of fiscal years 
2007 to 2012. 
(g) TERMINATION.—The program under this section shall terminate on 
September 30, 2012. 
Subdivision 2—Air Pollution Prevention 
and Control 
Chapter 211—Air Quality And Emission 
Limitations 
Sec. 
211101. Findings; purposes; primary goal. 
211102. Cooperative activities. 
211103. Research, investigation, training, and other activities. 
211104. Research relating to fuels and vehicles. 
211105. Grants for support of air pollution planning and control programs. 
211106. Interstate air quality agencies. 
211107. Air quality control regions. 
211108. Air quality criteria and control techniques. 
211109. National primary and secondary ambient air quality standards. 
211110. State implementation plans. 
211111. Standards of performance for new stationary sources. 
211112. Hazardous air pollutants. 
211113. Federal enforcement. 
211114. Recordkeeping, inspections, monitoring, and entry. 
211115. International air pollution. 
211116. Retention of State authority. 
211117. Advisory committees. 
211118. Control of pollution from Federal facilities. 
211119. Noncompliance penalty. 
211120. Consultation. 
211121. Listing of certain unregulated pollutants. 
211122. Stack heights. 
211123. Assurance of adequacy of State plans. 
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211124. Measures to prevent economic disruption or unemployment. 
211125. Interstate pollution abatement. 
211126. Public notification. 
211127. State boards. 
211128. Solid waste combustion 
211129. Emission factors. 
211130. Land use authority. 
§ 211101. Findings; purposes; primary goal 
(a) FINDINGS.—Congress finds that— 
(1) 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 2 
or more States; 
(2) 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, dam-
age to and the deterioration of property, and hazards to air and ground 
transportation; 
(3) 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 are the primary 
responsibility of States and local governments; and 
(4) Federal financial assistance and leadership are essential for the 
development of cooperative Federal, State, regional, and local programs 
to prevent and control air pollution. 
(b) PURPOSES.—The purposes of this subdivision 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 ca-
pacity 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 re-
gional air pollution prevention and control programs. 
(c) PRIMARY GOAL.—A primary goal of this division is to encourage or 
otherwise promote reasonable Federal, State, and local governmental ac-
tions, consistent with this division, for pollution prevention. 
§ 211102. Cooperative activities 
(a) INTERSTATE COOPERATION; UNIFORM STATE LAWS; STATE COM-
PACTS.—The Administrator shall encourage— 
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(1) cooperative activities by States and local governments for the 
prevention and control of air pollution; 
(2) 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 
(3) 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 agen-
cies having functions relating to the prevention and control of air pollution, 
so as to ensure 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.— 
(1) IN GENERAL.—The consent of Congress is given to 2 or more 
States to negotiate and enter into agreements or compacts, not in con-
flict with any law or treaty of the United States, for— 
(A) cooperative effort and mutual assistance for the prevention 
and control of air pollution and the enforcement of their respective 
laws relating thereto; and 
(B) the establishment of such agencies, joint or otherwise, as 
the States consider desirable for making effective such agreements 
or compacts. 
(2) NO BINDING EFFECT WITHOUT APPROVAL BY CONGRESS.—No 
agreement or compact under paragraph (1) shall be binding or obliga-
tory on any State a party thereto unless and until the agreement or 
compact is approved by Congress. 
(3) INTENT OF CONGRESS.—It is the intent of Congress that no 
agreement or compact entered into between States after November 21, 
1967, that relates to the control and abatement of air pollution in an 
air quality control region shall provide for participation by a State that 
is not included (in whole or in part) in that air quality control region. 
§ 211103. Research, investigation, training, and other activi-
ties 
(a) RESEARCH AND DEVELOPMENT PROGRAM FOR PREVENTION AND 
CONTROL OF AIR POLLUTION.— 
(1) IN GENERAL.—The Administrator shall establish a national re-
search and development program for the prevention and control of air 
pollution. 
(2) ACTIVITIES.—As part of the program, the Administrator shall— 
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(A) 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; 
(B) 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 or-
ganizations, and individuals in the conduct of such activities; 
(C) conduct investigations and research and make surveys con-
cerning any specific problem of air pollution in cooperation with 
any air pollution control agency with a view to recommending a 
solution of the problem, if— 
(i) the Administrator is requested to do so by the agency; 
or 
(ii) in the Administrator’s judgment, the problem may af-
fect 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; 
(D) establish technical advisory committees composed of recog-
nized 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 
(E) conduct and promote coordination and acceleration of train-
ing for individuals relating to the causes, effects, extent, preven-
tion, and control of air pollution. 
(b) ACTIVITIES.— 
(1) IN GENERAL.—In carrying out subsection (a), the Administrator 
may— 
(A) collect and make available, through publications and other 
appropriate means— 
(i) the results of research activities and other activities 
under subsection (a); and 
(ii) other information (including appropriate recommenda-
tions by the Administrator in connection therewith) per-
taining to those research activities and other activities; 
(B) 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 those research activi-
ties and other activities; 
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(C) make grants to air pollution control agencies, to other pub-
lic or nonprofit private agencies, institutions, and organizations, 
and to individuals, for purposes stated in subsection (a)(2)(A); 
(D) contract with public or private agencies, institutions, and 
organizations, and with individuals, without regard to subsection 
(a) or (b) of section 3324 of title 31 or section 6101 of title 5; 
(E) establish and maintain research fellowships in EPA and at 
public or nonprofit private educational institutions or research or-
ganizations; 
(F) collect and disseminate, in cooperation with other Federal 
departments and agencies, and with other public or private agen-
cies, 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 of air pollution; 
(G) develop effective and practical processes, methods, and pro-
totype devices for the prevention or control of air pollution; and 
(H) construct facilities, provide equipment, and employ staff as 
necessary to carry out this division. 
(2) TRAINING.— 
(A) IN GENERAL.—In carrying out subsection (a), the Adminis-
trator shall— 
(i) provide training for, and make training grants to, per-
sonnel of air pollution control agencies and other persons with 
suitable qualifications; and 
(ii) make grants to air pollution control agencies, to other 
public or nonprofit private agencies, institutions, and organi-
zations for the purposes stated in subsection (a)(2)(E). 
(B) FEES.—Reasonable fees may be charged for training pro-
vided to persons other than personnel of air pollution control agen-
cies, but training shall be provided to personnel of air pollution 
control agencies without charge. 
(c) AIR POLLUTANT SAMPLING, MEASUREMENT, MONITORING, ANAL-
YSIS, AND MODELING.— 
(1) IN GENERAL.—In carrying out subsection (a), the Administrator 
shall conduct a program of research, testing, and development of meth-
ods for sampling, measurement, monitoring, analysis, and modeling of 
air pollutants. 
(2) ELEMENTS.—The program under paragraph (1) shall include the 
following elements: 
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(A) Consideration of individual air pollutants and complex mix-
tures of air pollutants and their chemical transformations in the 
atmosphere. 
(B) Establishment of a national network to— 
(i) 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 im-
pairment of visibility; and 
(ii) ensure the comparability of air quality data collected in 
different States and obtained from different nations. 
(C) Development of improved methods and technologies for 
sampling, measurement, monitoring, analysis, and modeling to in-
crease understanding of the sources of ozone precursors, ozone 
formation, ozone transport, regional influences on urban ozone, re-
gional ozone trends, and interactions of ozone with other pollut-
ants. 
(D) Submission of periodic reports to Congress, not less than 
once every 5 years, that evaluate and assess the effectiveness of 
air pollution control regulations and programs using monitoring 
and modeling data obtained pursuant to this subsection. 
(3) EMPHASIS.—In developing methodologies and technologies under 
paragraph (2)(C), the Administrator shall place emphasis on techniques 
that— 
(A) improve the ability to inventory emissions of volatile organic 
compounds and nitrogen oxides that contribute to urban air pollu-
tion, 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. 
(d) ENVIRONMENTAL HEALTH EFFECTS RESEARCH.— 
(1) IN GENERAL.—The Administrator, in consultation with the Sec-
retary of Health and Human Services, shall conduct a research pro-
gram on the short-term and long-term effects of air pollutants, includ-
ing wood smoke, on human health. In conducting the research pro-
gram, 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; 
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(B) may utilize, on a reimbursable basis, the facilities of exist-
ing 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) METHODS AND TECHNIQUES TO IDENTIFY AND ASSESS RISKS.— 
In conducting the research program, 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 of air pollutants. 
(3) ELEMENTS.—The research program shall include the following 
elements: 
(A) An interagency task force to coordinate the research pro-
gram. 
(B) An evaluation of each of the hazardous air pollutants listed 
under section 211112(b) of this title, to decide, on the basis of 
available information, their relative priority for preparation of en-
vironmental health assessments pursuant to subparagraph (C). 
(C) Preparation of environmental health assessments for each of 
the hazardous air pollutants listed under section 211112(b) of this 
title. 
(4) TASK
FORCE.—The task force established under paragraph 
(3)(A) shall include representatives of the National Institute of Envi-
ronmental Health Sciences, EPA, the Agency for Toxic Substances and 
Disease Registry, the National Toxicology Program, the National Insti-
tute of Standards and Technology, the National Science Foundation, 
the Surgeon General, and the Department of Energy. The task force 
shall be chaired by a representative of EPA. 
(5) EVALUATION.—The evaluation under paragraph (3)(B) shall be 
based on reasonably anticipated toxicity to humans and exposure fac-
tors such as frequency of occurrence as an air pollutant and volume 
of emissions in populated areas. The evaluation shall be reviewed by 
the task force established under paragraph (3)(A). 
(6) ENVIRONMENTAL HEALTH ASSESSMENTS.— 
(A) IN GENERAL.—The Administrator shall prepare an environ-
mental health assessment for each hazardous air pollutant de-
scribed in subparagraphs (B) and (C) of paragraph (3). Not fewer 
than 24 environmental health assessments shall be completed and 
published annually. 
(B) GUIDELINES.—An environmental health assessment shall be 
prepared in accordance with guidelines developed by the Adminis-
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trator in consultation with the task force established under para-
graph (3)(A) and EPA’s Science Advisory Board. 
(C) CONTENTS.—An environmental health assessment shall in-
clude— 
(i) an examination, summary, and evaluation of available 
toxicological and epidemiological information for an air pollut-
ant to ascertain the levels of human exposure that pose a sig-
nificant 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 ac-
tivities, including toxicological and inhalation testing, needed 
to identify the types or levels of exposure that may present 
significant risk of adverse health effects in humans. 
(e) ECOSYSTEM RESEARCH.— 
(1) IN GENERAL.—In carrying out subsection (a), the Administrator, 
in cooperation, where appropriate, with the Under Secretary of Com-
merce for Oceans and Atmosphere, the Director of the Fish and Wild-
life 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. 
(2) ELEMENTS.—The program shall include the following elements: 
(A) Identification of regionally representative and critical eco-
systems for research. 
(B) 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 re-
versibility of those effects. 
(C) Development of improved atmospheric dispersion models 
and monitoring systems and networks for evaluating and quanti-
fying exposure to and effects of multiple environmental stresses 
associated with air pollution. 
(D) 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 pollut-
ants on surface water (including wetland and estuaries) and 
groundwater. 
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(E) Evaluation of the effects of air pollution on forests, mate-
rials, crops, biological diversity, soils, and other terrestrial and 
aquatic systems exposed to air pollutants. 
(F) Estimation of the associated economic costs of ecological 
damage that have occurred as a result of exposure to air pollut-
ants. 
(3) ESTUARINE RESEARCH RESERVES.—Consistent with the purpose 
of the program, the Administrator may use the estuarine research re-
serves established pursuant to section 315 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1461) to carry out the research. 
(f) LIQUEFIED GASEOUS FUELS SPILL TEST FACILITY.— 
(1) IN GENERAL.—The Administrator, in consultation with the Sec-
retary of Energy and the Federal Coordinating Council for Science, 
Engineering, and Technology, shall oversee an experimental and analyt-
ical research effort, with the experimental research to be carried out 
at the Liquefied Gaseous Fuels Spill Test Facility. 
(2) LIST OF CHEMICALS; SCHEDULE FOR FIELD TESTING.—In con-
sultation with the Secretary of Energy, the Administrator shall develop 
a list of chemicals and a schedule for field testing at the Liquefied Gas-
eous Fuels Spill Test Facility. 
(3) NUMBER OF CHEMICALS.—Analysis of a minimum of 10 chemi-
cals per year shall be carried out, with the selection of a minimum of 
2 chemicals for field testing each year. 
(4) PRIORITY.—Highest priority shall be given to 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 the chemicals. 
(5) PURPOSE.—The purpose of the research shall be to— 
(A) develop improved predictive models for atmospheric disper-
sion that, 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 deposi-
tion, and removal by water spray; 
(B) evaluate existing and future atmospheric dispersion models 
by— 
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(i) the development of a rigorous, standardized method-
ology for dense gas models; and 
(ii) the application of the methodology to current dense gas 
dispersion models using data generated from field experi-
ments; and 
(C) evaluate the effectiveness of hazard mitigation and emer-
gency response technology for fixed site and transportation related 
accidental releases of toxic chemicals. 
(6) MODELS.—Models pertaining to accidental release shall be evalu-
ated and improved periodically for their utility in planning and imple-
menting evacuation procedures and other mitigative strategies designed 
to minimize human exposure to hazardous air pollutants released acci-
dentally. 
(7) USE OF FACILITY.—The Secretary of Energy shall make avail-
able to interested persons (including other Federal agencies and busi-
nesses) 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 EMISSION CONTROL.— 
(1) IN GENERAL.—In carrying out subsection (a), the Administrator 
shall conduct a basic engineering research and technology program to 
develop, evaluate, and demonstrate nonregulatory strategies and tech-
nologies for air pollution prevention. 
(2) PRIORITY; PARTICIPATION.—The strategies and technologies 
shall be developed with priority on pollutants that 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 the strategies and tech-
nologies. 
(3) ELEMENTS.— 
(A) IN GENERAL.—The program shall include the following ele-
ments: 
(i) Improvements in nonregulatory strategies and tech-
nologies for preventing or reducing multiple air pollutants, in-
cluding sulfur oxides, nitrogen oxides, heavy metals, PM–10 
(particulate matter), carbon monoxide, and carbon dioxide, 
from stationary sources, including fossil fuel powerplants. 
(ii) Improvements in nonregulatory strategies and tech-
nologies for reducing air emissions from area sources. 
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(iii) Improvements in nonregulatory strategies and tech-
nologies for preventing, detecting, and correcting accidental 
releases of hazardous air pollutants. 
(iv) Improvements in nonregulatory strategies and tech-
nologies that dispose of tires in ways that avoid adverse air 
quality impacts. 
(B) PREVENTION OR REDUCTION OF MULTIPLE AIR POLLUT-
ANTS.—The strategies and technologies described in subparagraph 
(A)(i) 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, in-
cluding end-use efficiency, and fuel-switching to cleaner fuels. The 
strategies and technologies shall be considered for existing and 
new facilities. 
(4) EFFECT OF SUBSECTION.—Nothing in this subsection shall be 
construed to authorize the imposition on any person of air pollution 
control requirements. 
(5) CONSULTATION.—The Administrator shall consult with other ap-
propriate Federal agencies to ensure coordination and to avoid duplica-
tion of activities authorized under this subsection. 
(h) NIEHS STUDIES.— 
(1) BASIC RESEARCH PROGRAM.— 
(A) IN GENERAL.—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. 
(B) MEANS OF RESEARCH.—The research shall be conducted 
primarily through a combination of university and medical school- 
based grants and through intramural studies and contracts. 
(2) PHYSICIAN EDUCATION AND TRAINING PROGRAM.—The Director 
of the National Institute of Environmental Health Sciences shall con-
duct a program for the education and training of physicians in environ-
mental health. 
(3) NO CONFLICT.—The Director shall ensure that the programs 
shall not conflict with research undertaken by the Administrator. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the National Institute of Environmental Health 
Sciences such sums as are necessary to carry out this subsection. 
(i) COORDINATION OF RESEARCH.— 
(1) IN GENERAL.—The Administrator shall develop and implement 
a plan for identifying areas in which activities authorized under this 
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section can be carried out in conjunction with other Federal ecological 
and air pollution research efforts. 
(2) CONTENTS.—The plan shall include— 
(A) an assessment of ambient monitoring stations and networks 
to determine cost effective ways to expand monitoring capabilities 
in both urban and rural environments; 
(B) a consideration of the extent of the feasibility and scientific 
value of conducting the research program under subsection (e) to 
include consideration of the effects of atmospheric processes and 
air pollution effects; and 
(C) a methodology for evaluating and ranking pollution preven-
tion technologies, such as those developed under subsection (g), in 
terms of their ability to reduce cost-effectively the emissions of air 
pollutants and other airborne chemicals of concern. 
(3) REPORTS.—Every 4 years, the Administrator shall report to 
Congress on the progress made in implementing the plan developed 
under this subsection, and shall include in the report any revisions of 
the plan. 
(j) NATIONAL ACID PRECIPITATION ASSESSMENT PROGRAM.— 
(1) DEFINITIONS.—In this subsection: 
(A) ACID
PRECIPITATION.—The term ‘‘acid precipitation’’ 
means the wet or dry deposition from the atmosphere of acid 
chemical compounds. 
(B) COMPREHENSIVE PLAN.—The term ‘‘comprehensive plan’’ 
means the comprehensive research plan prepared under paragraph 
(3). 
(C) TASK FORCE.—The term ‘‘Task Force’’ means the Acid 
Precipitation Task Force formed under paragraph (2). 
(2) TASK FORCE.—There shall be formed an Acid Precipitation Task 
Force consisting of the Administrator, the Secretary of Energy, the 
Secretary of the Interior, the Secretary of Agriculture, the Adminis-
trator 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 Presi-
dent shall appoint a chairman for the Task Force from among its 
members. 
(3) CONVENING OF TASK FORCE.—The Task Force shall convene as 
necessary, but not less than twice during each fiscal year. 
(4) COMPREHENSIVE RESEARCH PLAN.— 
(A) IN GENERAL.—The Task Force shall prepare a comprehen-
sive research plan setting forth a coordinated program— 
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(i) to identify the causes and effects of acid precipitation; 
and 
(ii) to identify actions to limit or ameliorate the harmful 
effects of acid precipitation. 
(B) SCOPE.—The comprehensive plan shall include programs 
for— 
(i) identifying the sources of atmospheric emissions contrib-
uting to acid precipitation; 
(ii) establishing and operating a nationwide long-term mon-
itoring network to detect and measure levels of acid precipita-
tion; 
(iii) research in atmospheric physics and chemistry to fa-
cilitate understanding of the processes by which atmospheric 
emissions are transformed into acid precipitation; 
(iv) development and application of atmospheric transport 
models to enable prediction of long-range transport of sub-
stances causing acid precipitation; 
(v) defining geographic areas of impact through deposition 
monitoring, identification of sensitive areas, and identification 
of areas at risk; 
(vi) broadening of impact databases through collection of 
existing data on water and soil chemistry and through tem-
poral trend analysis; 
(vii) development of dose-response functions with respect to 
soils, soil organisms, aquatic and amphibious organisms, crop 
plants, and forest plants; 
(viii) establishing and carrying out system studies with re-
spect to plant physiology, aquatic ecosystems, soil chemistry 
systems, soil microbial systems, and forest ecosystems; 
(ix) economic assessments of— 
(I) the environmental impacts caused by acid precipi-
tation on crops, forests, fisheries, and recreational and 
aesthetic resources and structures; and 
(II) alternative technologies to remedy or otherwise 
ameliorate the harmful effects which may result from 
acid precipitation; 
(x) documenting all current Federal activities related to re-
search on acid precipitation and ensuring that those activities 
are coordinated in ways that prevent needless duplication and 
waste of financial and technical resources; 
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(xi) effecting cooperation in acid precipitation research and 
development programs, ongoing and planned, with the af-
fected and contributing States and with other sovereign na-
tions having a commonality of interest; 
(xii) subject to subparagraph (E)(i), management by the 
Task Force of financial resources committed to Federal acid 
precipitation research and development; 
(xiii) subject to subparagraph (E)(ii), management of the 
technical aspects of Federal acid precipitation research and 
development programs, including— 
(I) the planning and management of research and de-
velopment programs and projects; 
(II) the selection of contractors and grantees to carry 
out the programs and projects; and 
(III) the establishment of peer review procedures to 
ensure the quality of research and development programs 
and their products; and 
(xiv) analyzing the information available regarding acid 
precipitation in order to present periodic recommendations to 
Congress and the appropriate agencies about actions to be 
taken by Congress and the agencies to alleviate acid precipita-
tion and its effects. 
(C) BASIS FOR AUTHORIZATIONS AND APPROPRIATIONS.—The 
comprehensive plan shall constitute the basis on which requests for 
authorizations and appropriations are to be made. 
(D) IMPLEMENTATION.—The comprehensive plan— 
(i) shall be carried out in accordance with, and meet the 
program objectives specified in, clauses (i) through (xi) of 
subparagraph (B); 
(ii) shall be managed in accordance with clauses (xii) 
through (xiv) of subparagraph (B); and 
(iii) shall be funded by annual appropriations, subject to 
annual authorizations. 
(E) RULES OF CONSTRUCTION.— 
(i) MANAGEMENT
OF
FINANCIAL
RESOURCES.—Subpara-
graph (B)(xii) shall not be construed as modifying, or as au-
thorizing the Task Force or the comprehensive plan to mod-
ify, any provision of an appropriation Act (or any other provi-
sion of law relating to the use of appropriated funds) that 
specifies— 
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(I) the department or agency to which funds are ap-
propriated; or 
(II) the obligations of a department or agency with re-
spect to the use of those funds. 
(ii) MANAGEMENT
OF
TECHNICAL
ASPECTS
OF
PRO-
GRAMS.—Subparagraph (B)(xiii) shall not be construed as 
modifying, or as authorizing the Task Force or the com-
prehensive plan to modify, any provision of law relating to or 
involving a department or agency that specifies— 
(I) procurement practices for the selection, award, or 
management of contracts or grants by the department or 
agency; or 
(II) program activities, limitations, obligations, or re-
sponsibilities of the department or agency. 
(5) OTHER RESPONSIBILITIES OF THE TASK FORCE.— 
(A) IN GENERAL.—The responsibilities of the Task Force shall 
include the following: 
(i) Coordination with participating Federal agencies, aug-
menting 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. 
(ii) 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. 
(iii) Biennial submission of a unified budget recommenda-
tion to the President for activities of the Federal Government 
in connection with the research program described in this 
subsection. 
(iv) Biennial submission of a report to Congress describing 
the results of the Task Force’s investigations and analyses. 
(B) RESEARCH
AND
MONITORING
EFFORTS.—Research and 
monitoring efforts under subparagraph (A)(i) shall include— 
(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 
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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) REPORTS.— 
(i) TECHNICAL INFORMATION.—The reporting of technical 
information about acid deposition in a report under subpara-
graph (A)(iv) shall be provided in a format that facilitates 
communication with policymakers and the public. 
(ii) CONTENTS
OF
BIENNIAL
REPORT.—A report under 
subparagraph (A)(iv) shall include— 
(I) actual and projected emissions and acid deposition 
trends; 
(II) average ambient concentrations of acid deposition 
precursors and their transformation products; 
(III) the status of ecosystems (including forests and 
surface water), materials, and visibility affected by acid 
deposition; 
(IV) the causes and effects of such deposition, includ-
ing 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 conclu-
sion to aid policymakers in use of the information. 
(iii) ADDITIONAL CONTENTS OF QUADRENNIAL REPORT.— 
Every 4 years, a report under subparagraph (A)(iv) shall in-
clude— 
(I) the reduction in deposition rates that must be 
achieved to prevent adverse ecological effects; and 
(II) the costs and benefits of the acid deposition con-
trol program created by subdivision 5. 
(6) EFFECT OF SUBSECTION.—Nothing in this subsection shall be 
deemed to— 
(A) grant any new regulatory authority; 
(B) limit, expand, or otherwise modify any regulatory authority 
under existing law; or 
(C) establish new criteria, standards, or requirements for regu-
lation under existing law. 
(k) AIR POLLUTION CONFERENCES.— 
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(1) IN GENERAL.—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 con-
ference concerning the potential air pollution problem to be held in or 
near 1 or more of the places where the discharge or discharges are oc-
curring or will occur. 
(2) OPPORTUNITY TO BE HEARD.—All interested persons shall be 
given an opportunity to be heard at a conference under paragraph (1), 
orally or in writing, and shall be permitted to appear in person or by 
representative in accordance with procedures prescribed by the Admin-
istrator. 
(3) FINDINGS.— 
(A) IN GENERAL.—If the Administrator finds, on the basis of 
the evidence presented at a conference, that the discharge or dis-
charges 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 the findings, together with rec-
ommendations concerning the measures that the Administrator 
finds reasonable and suitable to prevent the pollution, to— 
(i) the person or persons whose actions will result in the 
discharge or discharges; 
(ii) air pollution agencies of the State or States and of the 
municipality or municipalities where the discharge or dis-
charges will originate; and 
(iii) the interstate air pollution control agency, if any, in 
the jurisdictional area of which any such municipality is lo-
cated. 
(B) EFFECT.—Findings and recommendations under subpara-
graph (A) shall be advisory only, but shall be admitted with the 
record of the conference as part of the proceedings under sub-
sections (b), (c), (d), (e), and (f) of section 211108 of this title. 
§ 211104. Research relating to fuels and vehicles 
(a) IN GENERAL.— 
(1) SPECIAL EMPHASIS.—The Administrator shall give special em-
phasis 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. 
(2) ACTIVITIES.—In furtherance of research and development under 
paragraph (1), the Administrator shall— 
(A) conduct and accelerate research programs directed toward 
development of improved, cost-effective techniques for— 
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(i) control of combustion byproducts of fuels; 
(ii) removal of potential air pollutants from fuels prior to 
combustion; 
(iii) control of emissions from the evaporation of fuels; 
(iv) improving the efficiency of fuels combustion so as to 
decrease atmospheric emissions; and 
(v) producing synthetic or new fuels that, when used, result 
in decreased atmospheric emissions; 
(B) 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 pay-
ment of— 
(i) part of the cost of acquiring, constructing, or otherwise 
securing for research and development purposes, new or im-
proved devices or methods having industrywide application of 
preventing or controlling discharges into the air of various 
types of pollutants; 
(ii) part of the cost of programs to develop low emission 
alternatives to the present internal combustion engine; 
(iii) the cost to purchase vehicles and vehicle engines, or 
portions thereof, for research, development, and testing pur-
poses; and 
(iv) carrying out the other provisions of this section, with-
out regard to subsection (a) or (b) of section 3324 of title 31 
or section 6101 of title 5; 
(C) 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 the proc-
esses and plant designs can be demonstrated on a large and prac-
tical scale; 
(D) construct, operate, and maintain, or assist in meeting the 
cost of the construction, operation, and maintenance of, new or 
improved demonstration plants or processes that have promise of 
accomplishing the purposes of this division; and 
(E) study new or improved methods for the recovery and mar-
keting of commercially valuable byproducts resulting from the re-
moval of pollutants. 
(3) RESEARCH
OR
DEMONSTRATION
CONTRACTS.—A research or 
demonstration contract awarded pursuant to this subsection (including 
a contract for construction) may be made in accordance with, and sub-
ject to the limitations provided with respect to research contracts of the 
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481 
TABLE A.—UNITS—Continued 
State 
Plant Name 
Gener-
ator 
New Jersey .............
B.L. England ...............................................................
New York ...............
Dunkirk .......................................................................
Greenidge .....................................................................
Milliken ........................................................................
Northport .....................................................................
Port Jefferson ..............................................................
Ohio ........................
Ashtabula .....................................................................
Avon Lake ....................................................................
Cardinal .......................................................................
Conesville .....................................................................
Eastlake .......................................................................
Edgewater ....................................................................
Gen. J.M. Gavin ..........................................................
Miami Fort ..................................................................
Muskingum River ........................................................
Niles .............................................................................
Picway ..........................................................................
R.E. Burger .................................................................
W.H. Sammis ..............................................................
W.C. Beckjord .............................................................
Pennsylvania ...........
Armstrong ....................................................................
Brunner Island ............................................................
Cheswick ......................................................................
Conemaugh ..................................................................
Hatfield’s Ferry ...........................................................
Martins Creek ..............................................................
Portland .......................................................................
Shawville ......................................................................
Sunbury .......................................................................
Tennessee ...............
Allen .............................................................................
Cumberland .................................................................
Gallatin ........................................................................
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482 
TABLE A.—UNITS—Continued 
State 
Plant Name 
Gener-
ator 
Johnsonville .................................................................
West Virginia .........
Albright ........................................................................
Fort Martin .................................................................
Harrison ......................................................................
Kammer .......................................................................
Mitchell ........................................................................
Mount Storm ...............................................................
Wisconsin ...............
Edgewater ....................................................................
La Crosse/Genoa ..........................................................
Nelson Dewey ..............................................................
N. Oak Creek ...............................................................
Pulliam ........................................................................
S. Oak Creek ...............................................................
(B) ALLOWANCES
NOT
SUBJECT
TO
8,900,000
TON
LIMITA-
TION.—Allowances allocated pursuant to this paragraph shall not 
be subject to the 8,900,000 ton limitation under section 223103(a) 
of this title. 
(b) UNITS EQUAL TO OR GREATER THAN 75 MEGAWATTS ELECTRIC 
AND 1.20 POUNDS PER MILLION BRITISH THERMAL UNITS.— 
(1) GENERAL PROHIBITION.—Except as otherwise provided in para-
graph (3), unless the owner or operator of the existing utility unit 
holds allowances to emit not less than the existing utility unit’s total 
annual emissions, it shall be unlawful for an existing unit that serves 
a generator with nameplate capacity equal to, or greater, than 75 
megawatts electric and an actual 1985 sulfur dioxide emission rate 
equal to or greater than 1.20 pounds per million British thermal units 
to exceed an annual sulfur dioxide tonnage emission limitation equal 
to— 
(A) the unit’s baseline; multiplied by 
(B) an emission rate equal to 1.20 pounds per million British 
thermal units; divided by 
(C) 2,000. 
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488 
pounds per million British thermal units to exceed an annual sulfur di-
oxide tonnage emission limitation equal to— 
(A) the unit’s baseline; multiplied by— 
(B) the lesser of its actual 1985 sulfur dioxide emission rate or 
its allowable 1985 sulfur dioxide emission rate; multiplied by 
(C) 120 percent; divided by 
(D) 2,000. 
(3) ADDITIONAL ALLOWANCES.— 
(A) LESS THAN 0.60 POUND PER MILLION BRITISH THERMAL 
UNITS.—In addition to allowances allocated pursuant to paragraph 
(1) and section 233103(a) of this title as basic Phase II allowance 
allocations, at the election of the designated representative of the 
operating company, for each calendar year through 2009, the Ad-
ministrator shall allocate annually for each unit subject to the 
emission limitation requirements of paragraph (1) allowances from 
the reserve created pursuant to subsection (a)(2) in an amount 
equal to the amount by which— 
(i)(I) the lesser of 0.60 pound per million British thermal 
units or the unit’s allowable 1985 sulfur dioxide emission 
rate; multiplied by 
(II) the unit’s baseline adjusted to reflect operation at a 60 
percent capacity factor; divided by 
(III) 2,000; exceeds 
(ii) the number of allowances allocated for the unit pursu-
ant to paragraph (1) and section 233103(a) of this title as 
basic Phase II allowance allocations. 
(B) EQUAL TO OR GREATER THAN 0.60 POUND PER MILLION 
BRITISH
THERMAL
UNITS.—In addition to allowances allocated 
pursuant to paragraph (2) and section 233103(a) of this title as 
basic Phase II allowance allocations, at the election of the des-
ignated representative of the operating company, for each calendar 
year through 2009, the Administrator shall allocate annually for 
each unit subject to the emission limitation requirements of para-
graph (2) allowances from the reserve created pursuant to sub-
section (a)(2) in an amount equal to the amount by which— 
(i)(I)(aa) the lesser of the unit’s actual 1985 sulfur dioxide 
emission rate or its allowable 1985 sulfur dioxide emission 
rate; multiplied by 
(bb) the unit’s baseline adjusted to reflect operation at a 
60 percent capacity factor; divided by 
(II) 2,000; exceeds 
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537 
(11) PRODUCE.— 
(A) IN GENERAL.—The term ‘‘produce’’ means to manufacture 
a substance from any raw material or feedstock chemical. 
(B) EXCLUSIONS.—The term ‘‘produce’’ does not include— 
(i) manufacture of a substance that is used and entirely 
consumed (except for trace quantities) in the manufacture of 
another chemical; or 
(ii) reuse or recycling of a substance. 
§ 237102. Listing of class I substances and class II sub-
stances 
(a) LIST OF CLASS I SUBSTANCES.— 
(1) INITIAL LIST.—The Administrator shall publish an initial list of 
class I substances that contains 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 
(2) ISOMERS.—The initial list under this subsection includes the iso-
mers of the substances described in paragraph (1), other than 1,1,2- 
trichloroethane (an isomer of methyl chloroform). 
(3) ADDITIONS TO LIST.—Pursuant to subsection (c), the Adminis-
trator 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), add to the list all substances that the 
Administrator determines have an ozone depletion potential of 0.2 or 
greater. 
(b) LIST OF CLASS II SUBSTANCES.— 
(1) INITIAL LIST.—Simultaneously with publication of the initial list 
of class I substances, the Administrator shall publish an initial list of 
class II substances that contains the following substances: 
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538 
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) 
(2) ISOMERS.—The initial list under this subsection includes the iso-
mers of the substances described in paragraph (1). 
(3) ADDITIONS TO LIST.—Pursuant to subsection (c), the Adminis-
trator 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 LISTS.— 
(1) IN GENERAL.—The Administrator may add, by regulation, in ac-
cordance with the criteria set forth in subsection (a) or (b), as the case 
may be, any substance to the list of class I substances or class II sub-
stances under subsection (a) or (b). For purposes of exchanges under 
section 237107 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 the substance to existing Group I, 
II, III, IV, or V or place the substance in a new Group. 
(2) PERIODIC LISTING.—Periodically, but not less frequently than 
every 3 years, the Administrator shall list, by regulation, as additional 
class I substances or class II substances the substances that the Ad-
ministrator finds meet the criteria of subsection (a) or (b), as the case 
may be. 
(3) PETITIONS.— 
(A) IN GENERAL.—Any person may petition the Administrator 
to add a substance to the list of class I substances or class II sub-
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539 
stances. Pursuant to the criteria set forth in subsection (a) or (b), 
as the case may be, within 180 days after receiving such a peti-
tion, the Administrator shall propose to add the substance to the 
list or publish an explanation of the petition denial. In any case 
where the Administrator proposes to add a substance to the list, 
the Administrator shall add by regulation, or make a final deter-
mination not to add, the substance to the list within 1 year after 
receiving the petition. 
(B) SHOWING.—Any petition under this paragraph shall include 
a showing by the petitioner that there are data on the substance 
adequate to support the petition. 
(C) FURTHER INFORMATION.—If the Administrator determines 
that information on the substance is not sufficient to make a de-
termination under this paragraph, the Administrator shall use any 
authority available to the Administrator, under any law adminis-
tered by the Administrator, to acquire the information. 
(4) REMOVAL FROM LIST.—Only a class II substance that is added 
to the list of class I substances may be removed from the list of class 
II substances. No substance described in subsection (a), including 
methyl chloroform, may be removed from the list of class I substances. 
(d) NEW LISTED SUBSTANCES.— 
(1) EXTENSION.—In the case of any substance added to the list of 
class I substances or class II substances after publication of the initial 
lists of class I substances and class II substances under this section, 
the Administrator may extend any schedule or compliance deadline con-
tained in section 237105 of this title to a later date than is specified 
in that section if the schedule or deadline is unattainable, considering 
when the substance is added to the list. 
(2) LIMITATIONS.— 
(A) CLASS I SUBSTANCES.—No extension under this subsection 
may extend the date for termination of production of any class I 
substance to a date that is 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. 
(B) CLASS II 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.— 
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554 
§ 237110. Nonessential 
products 
containing 
chlorofluorocarbons 
(a) NONESSENTIAL PRODUCTS.— 
(1) IN GENERAL.—The Administrator shall promulgate regulations 
that— 
(A) identify nonessential products that release class I sub-
stances into the environment (including any release occurring dur-
ing manufacture, use, storage, or disposal); and 
(B) prohibit any person from selling or distributing any such 
product, or offering any such product for sale or distribution, in 
interstate commerce. 
(2) APPLICABILITY.—At a minimum, the prohibition shall apply to— 
(A) chlorofluorocarbon-propelled plastic party streamers and 
noise horns; 
(B) chlorofluorocarbon-containing cleaning fluids for non-
commercial electronic and photographic equipment; and 
(C) other consumer products that are determined by the Admin-
istrator— 
(i) to release class I substances into the environment (in-
cluding any release occurring during manufacture, use, stor-
age, or disposal); and 
(ii) to be nonessential. 
(3) DETERMINATION.—In determining whether a product is non-
essential, the Administrator shall consider— 
(A) the purpose or intended use of the product; 
(B) the technological availability of substitutes for the product 
and for the class I substance; 
(C) safety; 
(D) health; and 
(E) other relevant factors. 
(b) PROHIBITIONS.— 
(1) IN GENERAL.—It shall be unlawful for any person to sell or dis-
tribute, or offer for sale or distribution, in interstate commerce any 
nonessential product to which regulations under subsection (a) are ap-
plicable. 
(2) OTHER PRODUCTS.— 
(A) PROHIBITION.—It shall be unlawful for any person to sell 
or distribute, or offer for sale or distribution, in interstate com-
merce— 
(i) any aerosol product or other pressurized dispenser that 
contains a class II substance; or 
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583 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
Former Classification 
201 ...........................................
42 U.S.C. 4341.
202 ...........................................
42 U.S.C. 4342.
203 ...........................................
42 U.S.C. 4343.
204 ...........................................
42 U.S.C. 4344.
205 ...........................................
42 U.S.C. 4345.
206 ...........................................
42 U.S.C. 4346.
207 ...........................................
42 U.S.C. 4346a.
208 ...........................................
42 U.S.C. 4346b.
209 ...........................................
42 U.S.C. 4347.
Environmental Quality Improvement Act 
of 1970 (Public Law 91–224) .............
202 ...........................................
42 U.S.C. 4371.
203 ...........................................
42 U.S.C. 4372.
204 ...........................................
42 U.S.C. 4373.
205 ...........................................
42 U.S.C. 4374.
206 ...........................................
42 U.S.C. 4375.
Reorganization Plan No. 3 of 1970 ........
1 ...............................................
42 U.S.C. 4321 note; 5 U.S.C. 
App.
2 ...............................................
42 U.S.C. 4321; 5 U.S.C. App.
3 ...............................................
42 U.S.C. 4321; 5 U.S.C. App.
4 ...............................................
42 U.S.C. 4321; 5 U.S.C. App.
5 ...............................................
42 U.S.C. 4321; 5 U.S.C. App.
6 ...............................................
42 U.S.C. 4321; 5 U.S.C. App.
7 ...............................................
42 U.S.C. 4321; 5 U.S.C. App.
Public Law 95–95 ...................................
203 ...........................................
42 U.S.C. 7551.
402 ...........................................
42 U.S.C. 4362.
403(b) ......................................
42 U.S.C. 7401 note.
403(c) ......................................
42 U.S.C. 7401 note.
403(d) ......................................
42 U.S.C. 7501 note.
403(f) .......................................
42 U.S.C. 7421 note.
404 ...........................................
42 U.S.C. 7401 note.
405 ...........................................
42 U.S.C. 7401 note.
406 ...........................................
42 U.S.C. 7401 note.
Public Law 95–134 .................................
502 ...........................................
42 U.S.C. 4368b.
Public Law 95–155 .................................
6 ...............................................
42 U.S.C. 4363 note.
7 ...............................................
42 U.S.C. 4364.
8 ...............................................
42 U.S.C. 4365.
9 ...............................................
42 U.S.C. 4366.
10 .............................................
42 U.S.C. 4361b.
12 .............................................
42 U.S.C. 4367.
Public Law 95–477 .................................
3(d) ..........................................
42 U.S.C. 4368.
5 ...............................................
42 U.S.C. 4369.
6 ...............................................
42 U.S.C. 4361c.
Public Law 95–623 .................................
9 ...............................................
42 U.S.C. 4362a.
Public Law 96–229 .................................
2(d) ..........................................
42 U.S.C. 4363a.
2(e) ..........................................
42 U.S.C. 4363 note.
4 ...............................................
42 U.S.C. 4369a.
5 ...............................................
42 U.S.C. 4370.
Acid Precipitation Act of 1980 (Public 
Law 96–294) .......................................
702 ...........................................
42 U.S.C. 8901.
703 ...........................................
42 U.S.C. 8902.
704 ...........................................
42 U.S.C. 8903.
705 ...........................................
42 U.S.C. 8904.
706 ...........................................
42 U.S.C. 8905.
711 ...........................................
42 U.S.C. 8911.
712 ...........................................
42 U.S.C. 8912.
Public Law 96–569 .................................
2(f) ...........................................
42 U.S.C. 4363.
Public Law 98–80 ...................................
1 ...............................................
42 U.S.C. 4370a.
Public Law 98–313 .................................
2 ...............................................
42 U.S.C. 4368a.
Public Law 99–499 .................................
118(k) ......................................
42 U.S.C. 7401 note.
118(n) ......................................
42 U.S.C. 7401 note.
401 ...........................................
42 U.S.C. 7401 note.
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Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
Former Classification 
402 ...........................................
42 U.S.C. 7401 note.
403 ...........................................
42 U.S.C. 7401 note.
404 ...........................................
42 U.S.C. 7401 note.
405 ...........................................
42 U.S.C. 7401 note.
Public Law 101–144 ...............................
title III, 1st paragraph under 
heading ‘‘ADMINISTRATIVE 
PROVISIONS’’, at 103 Stat. 858.
42 U.S.C. 4370b.
Public Law 101–508 ...............................
6501 .........................................
42 U.S.C. 4370c.
Public Law 101–549 ...............................
233 ...........................................
42 U.S.C. 7571 note.
305(c) ......................................
42 U.S.C. 7429 note.
405 ...........................................
42 U.S.C. 7403 note.
406 ...........................................
42 U.S.C. 7651 note.
711(a) ......................................
42 U.S.C. 7401 note.
711(b) ......................................
42 U.S.C. 7401 note.
810 ...........................................
42 U.S.C. 7401 note.
821 ...........................................
42 U.S.C. 7651k note.
901(g) ......................................
42 U.S.C. 7403 note.
1001 .........................................
42 U.S.C. 7601 note.
1002 .........................................
42 U.S.C. 7601 note.
Public Law 101–593 ...............................
201 ...........................................
42 U.S.C. 4321 note.
202 ...........................................
42 U.S.C. 4321 note.
203 ...........................................
42 U.S.C. 4321 note.
204 ...........................................
42 U.S.C. 4321 note.
205 ...........................................
42 U.S.C. 4321 note.
Public Law 101–617 ...............................
4 ...............................................
42 U.S.C. 4366a.
Public Law 102–389 ...............................
title III, 1st paragraph under 
heading ‘‘ADMINISTRATIVE 
PROVISIONS’’, at 106 Stat. 
1602.
42 U.S.C. 4370d.
Public Law 104–59 .................................
348 ...........................................
42 U.S.C. 7511a note.
Public Law 104–88 .................................
401 ...........................................
42 U.S.C. 4332 note.
Public Law 104–204 ...............................
title III, paragraph under 
heading ‘‘WORKING CAPITAL 
FUND (INCLUDING TRANSFER 
OF FUNDS)’’, at 110 Stat. 
2912.
42 U.S.C. 4370e.
Public Law 105–178 ...............................
6101 .........................................
42 U.S.C. 7407 note.
6102 .........................................
42 U.S.C. 7407 note.
6103 .........................................
42 U.S.C. 7407 note.
Departments of Veterans Affairs and 
Housing and Urban Development, and 
Independent Agencies Appropriations 
Act, 2001 (Public Law 106–377) .......
title III, 1st paragraph under 
heading ‘‘ADMINISTRATIVE 
PROVISIONS’’, at 114 Stat. 
1441–A.
42 U.S.C. 4370f.
Public Law 106–398 ...............................
317 ...........................................
42 U.S.C. 4321 note.
Public Law 108–199 ...............................
425(b) ......................................
42 U.S.C. 7407 note.
428(a) ......................................
not classified.
428(b) ......................................
42 U.S.C. 7547 note.
428(c) through (e) ...................
not classified.
Public Law 109–58 .................................
1501(d) ....................................
42 U.S.C. 7545 note.
1503 .........................................
42 U.S.C. 7545 note.
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