military departments in, section 2353 of title 10, except that the deter-
mination, approval, and certification required by that subsection shall 
be made by the Administrator. 
(4) LIMITATION ON GRANT AMOUNT.—No grant may be made under 
paragraph (2)(B) in excess of $1,500,000. 
(b) POWERS OF ADMINISTRATOR.—In carrying out this section, the Ad-
ministrator may— 
(1) conduct and accelerate research and development of cost-effective 
instrumentation techniques to facilitate determination of the quantity 
and quality of air pollutant emissions, including automotive emissions; 
(2) utilize, on a reimbursable basis, the facilities of existing Federal 
scientific laboratories; 
(3) establish and operate necessary facilities and test sites at which 
to carry on the research, testing, development, and programming nec-
essary to effectuate this section; 
(4) acquire secret processes, technical data, inventions, patent appli-
cations, patents, licenses, and interests in land, plants, and facilities, 
and other property or rights by purchase, license, lease, or donation; 
and 
(5) cause on-site inspections to be made of promising domestic and 
foreign projects, and cooperate and participate in their development in 
instances in which the purposes of this division will be served thereby. 
(c) CLEAN ALTERNATIVE FUELS.—The Administrator shall conduct a re-
search program to identify, characterize, and predict air emissions related 
to the production, distribution, storage, and use of clean alternative fuels 
to determine the risks and benefits to human health and the environment 
relative to those from using conventional gasoline and diesel fuels. The Ad-
ministrator shall consult with other Federal agencies to ensure coordination 
and to avoid duplication of activities authorized under this subsection. 
§ 211105. Grants for support of air pollution planning and 
control programs 
(a) DEFINITION OF IMPLEMENT.—In this section, the term ‘‘implement’’, 
in the context of implementation of a program or of a primary or secondary 
NAAQS, means to engage in any activity related to the planning, devel-
oping, establishing, carrying out, improving, or maintaining of the program 
or primary or secondary NAAQS. 
(b) IN GENERAL.— 
(1) GRANTS.— 
(A) IN GENERAL.—The Administrator may make a grant to an 
air pollution control agency described in subparagraph (A), (B), 
(C), (D), or (E) of section 201101 of this title in an amount up 
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to 3⁄5 of the cost of implementing programs for the prevention and 
control of air pollution or implementation of primary and sec-
ondary NAAQSes. 
(B) FAILURE TO CONTRIBUTE MINIMUM REQUIRED AMOUNT.— 
Subject to subsections (c) and (d), an air pollution control agency 
that receives a grant under subparagraph (A) shall contribute the 
required 2⁄5 minimum. If an air pollution control agency fails to 
meet and maintain the required level, the Administrator shall re-
duce the amount of the Federal contribution accordingly. 
(C) AIR QUALITY CONTROL REGIONS OR PORTIONS THEREOF 
FOR WHICH THERE IS AN APPLICABLE IMPLEMENTATION PLAN.— 
With respect to any air quality control region or portion thereof 
for which there is an applicable implementation plan under section 
211110 of this title, a grant under subparagraph (A) may be 
made only to an air pollution control agency that has substantial 
responsibilities for carrying out the applicable implementation 
plan. 
(2) AIR
POLLUTION
CONTROL
AGENCIES
ESTABLISHED
BY
OR 
MORE STATES OR MUNICIPALITIES.—Before approving any grant under 
this subsection to any air pollution control agency described in sub-
paragraph (B) or (D) of section 201101(2) of this title, the Adminis-
trator shall receive assurances that the air pollution control agency— 
(A) provides for adequate representation of appropriate State, 
interstate, local, and (when appropriate) international interests in 
the air quality control region; and 
(B) has the capability of developing a comprehensive air quality 
plan for the air quality control region, which plan shall include— 
(i) (when appropriate) a recommended system of alerts to 
avert and reduce the risk of situations in which there may be 
imminent and serious danger to the public health or welfare 
from air pollutants; and 
(ii) the various aspects relevant to the establishment of air 
quality standards for that air quality control region, including 
the concentration of industries, other commercial establish-
ments, population, and naturally occurring factors that affect 
those air quality standards. 
(c) TERMS AND CONDITIONS; LIMITATION ON GRANT AMOUNTS.— 
(1) TERMS AND CONDITIONS.—From the sums available for the pur-
poses of subsection (b) for any fiscal year, the Administrator shall from 
time to time make grants to air pollution control agencies on such 
terms and conditions as the Administrator may find necessary to carry 
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out this section. In establishing regulations for the granting of such 
funds the Administrator shall, so far as practicable, give due consider-
ation to— 
(A) the population; 
(B) the extent of the actual or potential air pollution problem; 
and 
(C) the financial need of the respective air pollution control 
agencies. 
(2) LIMITATION ON GRANT AMOUNTS.—Not more than 10 percent of 
the total of funds appropriated or allocated for the purposes of sub-
section (b) shall be granted for programs in any 1 State. In the case 
of a grant for a program in an area crossing State boundaries, the Ad-
ministrator shall determine the portion of the grant that is chargeable 
to the percentage limitation under this subsection for each State into 
which the area extends. 
(3) MINIMUM AMOUNT.—Subject to paragraph (1), no State shall 
have made available to it for application less than 0.5 percent of the 
annual appropriation for grants under this section for grants to air pol-
lution control agencies within the State. 
(d) MAINTENANCE OF EFFORT.— 
(1) EXPENDITURES.— 
(A) IN GENERAL.—Except as provided in paragraph (2), no air 
pollution control agency shall receive any grant under this section 
during any fiscal year when its expenditures of non-Federal funds 
for recurrent expenditures for air pollution control programs will 
be less than its expenditures were for such programs during the 
preceding fiscal year. In order for the Administrator to award 
grants under this section in a timely manner each fiscal year, the 
Administrator shall compare an air pollution control agency’s pro-
spective expenditure level to that of its 2d preceding fiscal year. 
(B) CONSIDERATION OF EXEMPTIONS.—In prescribing regula-
tions that define applicable nonrecurrent and recurrent expendi-
tures, the Administrator shall give due consideration to exempting 
an air pollution control agency from the limitations of this para-
graph and subsection (b) due to increases experienced by that air 
pollution control agency from time to time in its annual expendi-
tures for purposes acceptable to the Administrator for that fiscal 
year. 
(2) NONSELECTIVE REDUCTION IN EXPENDITURES.—The Adminis-
trator may award a grant to an air pollution control agency that does 
not meet the requirements of paragraph (1) if the Administrator, after 
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notice and opportunity for public hearing, determines that a reduction 
in expenditures is attributable to a nonselective reduction in the ex-
penditures in the programs of all executive branch agencies of the ap-
plicable unit of government. 
(3) USE TO SUPPLEMENT OR INCREASE NON-FEDERAL FUNDS.—No 
air pollution control agency shall receive any grant under this section 
with respect to the maintenance of a program for the prevention and 
control of air pollution unless the Administrator is satisfied that such 
a grant will be used to supplement and, to the extent practicable, in-
crease the level of State, local, or other non-Federal funds. 
(4) CONSULTATION.—No grant shall be made under this section 
until the Administrator has consulted with the appropriate official as 
designated by the Governor or Governors of the State or States af-
fected. 
(e) REDUCTION OF PAYMENTS.—The Administrator, with the concur-
rence of any recipient of a grant under this section, may reduce the pay-
ments to the recipient by the amount of the pay, allowances, traveling ex-
penses, and any other costs in connection with the detail of any officer or 
employee to the recipient under section 203101 of this title, when the detail 
is for the convenience of, and at the request of, the recipient and for the 
purpose of carrying out this division. The amount by which such payments 
have been reduced shall be available for payment of such costs by the Ad-
ministrator, but shall, for the purpose of determining the amount of any 
grant to a recipient under subsection (b), be deemed to have been paid to 
the recipient. 
(f) NOTICE
AND OPPORTUNITY
FOR HEARING.—No application by a 
State for a grant under this section may be disapproved by the Adminis-
trator without prior notice and opportunity for a public hearing in the af-
fected State, and no commitment or obligation of any funds under any such 
grant may be revoked or reduced without prior notice and opportunity for 
a public hearing in the affected State (or in 1 of the affected States if more 
than 1 State is affected). 
§ 211106. Interstate air quality agencies 
(a) IN GENERAL.—For the purpose of developing implementation plans 
for any interstate air quality control region designated pursuant to section 
211107 of this title or of implementing section 215108 or 215205 of this 
title, the Administrator may pay, for 2 years, up to 100 percent of the air 
quality planning program costs of— 
(1) any commission established under either of those sections; or 
(2) any agency designated by the Governors of the affected States, 
which agency— 
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